Geauga Park District Board - May 15, 2023
Meeting: Monday, May 15, 2023 at 8:30 am at Big Creek Park Meyer Center, 9160 Robinson Rd, Chardon, OH 44024. This meeting was in-person only with no virtual option.
Public Comment Policy: The Park District Board does not have a formal policy but in practice, does not permit public comment.
Board Attendance: Commissioners Howard Bates, Jolene Carnabuci, Ray Guarino, Les LaGatta and Frank Stein were present.
Staff Attendance: John Oros, Executive Director; Dawn Sweeney, Finance Director; Matt McCue, Deputy Director, Paul Pira, Chief Biologist, Jessica Alpers, Administrative Assistant. Staff In attendance were Park Ranger Mike Rose, Christine Ward, HR Manager, Sandy Ward, Marketing Manager, Holly Sauder, Special Events Coordinator, and Matt Kneitel, Land Steward
Minutes: Minutes from the April 17, 2023 meeting were approved without discussion and when available are posted online.
Agenda: Approved without discussion.
Financial Report: Dawn Sweeney, Finance Director, verbally reported these individual fund balances:
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General Fund $3,975,575
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Land Improvement Fund $2,826,918
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Capital Reserve $89,190
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K9 Fund balance was stated to be $0.00
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All Funds total: $6,891,683
Reviewer Comment: The Board Financial Packet, obtained through a FOIA request, included the above fund balances, revenue and expense activity by fund and a detail by category of April expenditures totaling $174,539.30. In the General Fund (GF) for the 4 months ending April 30, 2023, revenue of $3,799,356 exceeds expenses of $3,184,846 by $614,510. Total expenses include:
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Salaries/Benefits of $1,459,901 (28% of budget)
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Operating Expenses of $654,143 (22% of budget)
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Transfers to Land Improvement Fund of $1,070,802 (100% of budget)
Old Business - none
New Business:
Resolution No. 6-2023-1,000 Tree Earth Day - APPROVED
This resolution recognized the many sponsors and volunteers who participated in the Earth Day activities of tree and shrub planting at Veteran’s Legacy Woods from April 20-22, 2023
Prior to the vote on this resolution, Chief Biologist Paul Pira gave a presentation on the success of the Earth Day tree planting campaign. He reported that about 300 people and scores of public and private corporations assisted with manual labor and contributions. He talked about the history of Earth Day;, which started in 1952 and for the Geauga Park District involved at first a small program at Swine Creek. In 2018 the GPD acquired Veterna’s Legacy Woods and developed a plan to plant various areas in this previously used golf course with native species. The Park is filling in gaps. As contrast, GPD acquired Orchard Hills Gold Course in 2009 and the results of planting efforts in that park were shown to be substantial. On the Thursday before Earth Day there were also many school groups involved. Altogether the volunteers planted 310 3-6’ shrubs and 40 saplings and erected fencing to protect the saplings.. Ms. Carnabuci, who was present for each day of planting, reported on her positive experiences and thanked the staff for all of their work. Mr. Oros also thanked the staff who were present at the meeting and had also participated in the Earth Day plantings. (see list of staff above).
On Saturday, April 22 there was also a Native Plant Giveaway. Mr. Pira said that this is important because 90% of the yards contain all or mostly non-native species. The GPD started a relationship with Kent State to utilize a greenhouse and this has continued. This year they gave away thousands of native perennial plants to the 200 cars that had registered for the event.
Planning Update - Deputy Director Matt McCue reported on several projects:
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2025 Strategic Plan - There are three Open Houses planned for the public to offer comment. They will be June 20 at Veterans Legacy Woods, June 26 at Holbrook Hollows and June 22 at the Myer Center in Bog Creek Park. No further details as to time were announced.
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Coldwater Stream Restoration - Veterans Legacy Woods - Three firms met the requirements and attended a proposal meeting on Friday. Bids are due May 29,2023
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Grounds and Facilities are focusing on spring clean up
Contract Award for Holbrook Hollows Frank Street Connection - APPROVED.
There were 5 bids received. The lowest bid to meet specifications was Great Lakes Crushing for $700,000 which was under the budgeted amount of $825,000
Contract Award for Swine Creek Asphalt - APPROVED
Ohio Paving and Construction met the bid requirements of this re-bid and had a bid of $188,537.80. Four bids were received. The budgeted amount was $270,000
Geauga County Budget Commission Correspondence
Mr. Oros referred to correspondence received from the Budget Commission as well as a draft opinion from the Ohio Attorney General Dave Yost. The Board packet (available through a public information request) contained this letter as well as the full text of the Ohio Attorney General (OAG) opinion. The last page of the opinion contained this summary of the OAG Findings:
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As a taxing unit, a park-district board is not authorized under R.C. 5705.13, or any other statute, to create a reserve fund; instead, it may establish a replacement fund only, pursuant to R.C. 1545.28.
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As a taxing unit, a park-district board derives authority to levy or replace taxes under R.C. 1545.20-.21, not R.C. Chapter 5705.
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A park-district board is authorized to modify the language of a replacement, or replacement and additional tax levy, under R.C. 1545.21
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Commissioners of a park-district board established under R.C. Chapter 1545 are not required to reside in the territory of the park district, regardless of their ability to levy taxes.
The Park Commissioners had also received the draft of a proposed response from John Oros, Executive Director to the Budget Commission correspondence, which they approved. This letter to the Budget Commission was not read at the GPD meeting, but was received through a request to the Budget Commission. It reads as follows:
Dear Geauga County Budget Commission: Thank you for your;letter dated May 1, 2023 regarding Opinion 2022-17 from the Ohio Attorney General. Your letter will be taken into consideration as the Board of Park Commissioners of the Geauga Park District discusses its tax budget for 2024. In addition, Geauga Park District staff will reach out to the State of Ohio for information as to what action, if any, needs to be taken regarding its levies and will share the information it learns with the Geauga County Budget Commission.
At the GPD meeting, Mr. Oros said that they will address OAG Finding #1 (Rescind the Reserve Fund) - see further in the Agenda. He also said that they will work with the State of Ohio to develop a plan for addressing their renewal levies. GPD staff have looked at other park-districts in the State and found that since November 2010 through 2023 there have been 65 parks who utilized the renewal levy.
Observer Note: As to OAG Finding #2 (clarification of ORC authority) GPD has three levies - one was a replacement and two were renewals incorrectly created under R.C. Chapter 5705. The difference in the two types of levies is that a renewal levy uses property tax values in effect at the time the original levy passed so it means that property owners' taxes do not increase. A replacement levy uses current tax values, so there would normally be an increase in property taxes. Therefore there would be an increase in taxes collected. One follow-up question for the OAG would be whether those levies are now void. Refer to the LWVG Observer Report for the May 1, 2023 Budget Commission for additional background information.
As to OAG Finding #4 (residency not required for GPD Board appointments) clarification was sought as to whether Ray Guarino’s appointment to the GPD Board was valid, as he is not a Geauga resident.
The GPD Board did not have any questions or further discussion on this situation.
Resolution No. 7-2023 - Rescind 2016 Capital Reserve Fund - APPROVED
As required by the recent OAG opinion, the motion to create this Fund is being rescinded. The balance before today’s action was $89,190. These funds will be returned to the General Fund.
2024 Tax Budget - Draft
Mr. Oros thanked the staff for the grants that have been applied for and received that have contributed so much to many improvements in the park district.
From the Board Packet, obtained via public records request:
Ms. Sweeney said that the estimate for ending all funds balance at the end of 2024 under this draft budget would be $1,971,507.94. They anticipate a General Fund balance at the end of 2023 of $1,619,696.77 and General Fund revenues next year of $7,573,575.
Observer Note: Ms. Sweeney did not state how much of the anticipated tax revenues of $6,662,575 were from the two replacement levies that appear to be questionable based on the Ohio AG opinion.
This Budget will be reviewed again at the June meeting.
There was no further discussion and no questions from GPD Board Commissioners.
Resolution Regarding Surplus Property - This resolution was approved which will send several items to scrap
Commissioners’ Time
Mr. Oros acknowledged the contributions of Foundation for Geauga Parks in providing binoculars and scopes and with assistance with funding for the summer camp naturalist.
Executive Session - Mr. Oros stated that there was no need for an Executive Session.
Public Comment - none permitted.
Next meeting – Tuesday, June 20 @ 8:30 am (moved from Monday, June 19th due to the holiday)
See the GPD Website for Additional Information and Minutes
Observer: Gail Roussey
Reviewer: Shelly Lewis
Submitted: May 16, 2023
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