September 1, 2011 Board of Director Meeting Minutes

BOARD OF DIRECTORS

September 1, 2011

CALL TO ORDER

President Jim Whitfield called the September 1, 2011 meeting of the Board of Directors of Apex Park and Recreation District to order at 6:30 p.m. at the Indian Tree Clubhouse, 7555 Wadsworth Boulevard, Arvada, Colorado. Apex board members in attendance were: Jim Whitfield, Bob Loveridge, Ken Harrell, Jeff Glenn and Lee Humrich. Apex participating staff members were Mike Miles, Executive Director, and Luann Levine, Recording Secretary.

APPROVAL OF AGENDA AND ADDITION OF AGENDA ITEMS

Mike Miles, Executive Director, asked the board to add Agenda item #2 to discuss the Apex Center trademark conflict with a business in Littleton operating under the name Apex Academies.

MOTION: Director Loveridge moved to add Agenda item #2 to discuss the Apex Center trademark conflict with a business in Littleton operating under the name Apex Academies and to approve the remainder of the agenda as posted. Director Glenn seconded. Motion passed unanimously.

APPROVAL OF MINUTES OF JULY 21, 2011

MOTION: Director Glenn moved for approval of the minutes of July 21, 2011, as presented. Director Harrell seconded. Motion passed unanimously.

PUBLIC INPUT – There was no public input

NEW BUSINESS

1. Consideration of Real Property Conveyance Agreement between Apex Park and Recreation District, City of Arvada and Arvada Rifle and Pistol Club

Mike Miles, Executive Director introduced Jim Collins, General Counsel for the District to summarize the proposed agreement. Mr. Collins stated that this agreement will convey the property to the City of Arvada with protections for the Rifle Club. He then explained that once the City of Arvada and the Rifle Club agree on a price for the property the District will deed the property to the City of Arvada and the Rifle Club will then receive the agreed upon price. Also, once the District agrees to the conveyance, the District will be out of the negotiations and will be clear of any liability. The purchase price will be determined upon an appraisal commissioned by the Rifle Club and at the expense of the City. Mr. Collins explained further that at that point the City has several options, they can accept the appraisal and the closing will be scheduled, or turn down the appraisal and maybe go back to RTD to condemn the property, or a second appraisal will be commissioned. Mr. Collins added that the City will exercise a good faith effort to the Rifle Club to facilitate the relocation and once the Rifle Club moves the Rifle Club and the District will have no environmental liability. Board discussion ensued. In response to questions from the board Mr. Collins stated that, once the agreement is signed by all parties, the timeline to finalize the entire process could take about 12 months. Board discussion continued.

MOTION: Director Loveridge moved for the approval of the Real Property Conveyance Agreement between Apex Park and Recreation District, City of Arvada and Arvada Rifle and Pistol Club. Director Glenn seconded. Motion passed unanimously.

2. Apex Center Trademark Issue

Mr. Miles reviewed the history of the Apex Center Trademark issue with a gymnastics club in Littleton dating back to 2000 when the Apex Center opened. At that time it was discovered that the gymnastics club was using the name Apex Sport Center. They were contacted by our trademark attorney and since then have changed their name to Apex All Stars and currently are operating under Apex Academies. Since they now are offering gymnastics, cheerleading and dance there is a potential for confusion. Mr. Miles stated that Mr. Collins contacted the trademark attorney and he recommends that we re-engage those attorneys and have them send Apex Academies a letter and pursue this issue again. Mr. Collins also recommended that the board authorize Mr. Miles to work with the trademark attorney. Mr. Miles then stated that an issue is the expense of pursuing this matter and what it may or may not accomplish. If it goes to court it could be very expensive. Board discussion ensued. Board consensus was to pursue the matter, that Mr. Miles should discuss it with the trademark attorney and then make this an agenda item at the next board meeting.

EXECUTIVE DIRECTOR REPORT

a) 2012 Healthcare – We received information that the District’s HMO plan will have no cost increase for 2012. There will be an increase for the POS plan but that only involves 4 employees.

b) 2012 Regional Soccer Tournament – There was a meeting today with the City and Colorado Youth Soccer and it was agreed that CYS would host a regional soccer tournament in June of 2012 at Stenger Soccer Complex. This tournament will draw120-150 teams, 2500 soccer players and 8000+ family members and supporters. The tournament will run Tuesday through Sunday.

BOARD MEMBER REPORTS

Director Humrich reported that he and Mr. Miles have been attending the Ralston Corridor meetings. The plan is to begin tearing down Garrison as soon as the District has moved those programs to the Simms Street Center and the Field House. The City will haul dirt from the Garrison site to the K8 Park site. There has been discussion on if Garrison Street will go up the hill or around the garden.

President Whitfield reported that bathrooms at Long Lake Ranch will happen eventually and he complimented the board and staff for doing a very good job of bringing that to everybody’s attention.

President Whitfield and the board wished Mr. Miles a happy birthday.

ADJOURNMENT

MOTION: Director Glenn moved that the meeting be adjourned. Director Harrell seconded. Motion passed unanimously.

President Whitfield adjourned the meeting at 7:18 p.m.

Respectfully submitted,

Luann Levine, Recording Secretary

ATTEST:

Ken Harrell, Secretary/Treasurer