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BCOL Advisory Council Agenda Packet 03-06-2015BCOL ADVISORY COUNCIL AGENDA: March 6, 2015 BERTRAM CHAIN OF LAKES REGIONAL PARK �h ADVISORY COUNCIL MEETING AGENDA M C H A I N 0 � FRIDAY, MARCH 6, 2015 C H A N LAKES 8:00 A.M. REGIONAL PARK BRIDGE ROOM, MONTICELLO COMMUNITY CENTER 1. Call to Order 2. Consideration of Approving Minutes From January 16, 2015 3. Consideration of adding to and approving the agenda 4. 2015 Purchase Update Regarding Board of Adjustment Approval (Marc) 5. 2016 Legacy Grant Recommendation To Secure Local Matching Funds (Marc) 6. Natural Playground Monticello Rotary Update (Marc /Kitty /Tom) 7. Joint Power Agreement (Marc) 8. 2015 Outdoor Recreation Grant Submittal (Jeff /Marc) 9. 2015 Recreational Trail Grant Program Submittal (Marc) 10. Signage — On Site and Directional (Marc) 11. Friends of Bertram Update (Jim and Martyn) 12. Discussion of Added Items 13. Schedule Next Meeting — April 3, 2015 14. Adjourn MINUTES BERTRAM CHAIN OF LAKES REGIONAL PARK ADVISORY COUNCIL Friday, January 16, 8:00 a.m. Bridge Room, Monticello Community Center Advisory Council Members Present: Mark Daleiden, Martyn Dibben, Jim Hayes, Kim Hewson - Garber, Jim Lindberg, Larry Nolan, Wes Olson, Scott Peterson, Glen Posusta, Pat Sawatzke, Brian Sumpf Absent: Tom Jahnke, Sandra Theros Staff Present: Kitty Baltos, Beth Green, Marc Mattice, Jeff O'Neill, Tom Pawelk, Angela Schumann Others Present: Graham Sones 1. Call to Order. Marc Mattice called the meeting to order at 8:03 a.m. and declared a quorum present. 2. Welcome New Members and Introductions. Marc Mattice welcomed the new members and thanked them for their interest in the BCOL project. Mattice proceeded with introductions of all members. 3. Election of Officers, Chair and Vice - Chair. PAT SAWATZKE MOVED TO NOMINATE AND ELECT MARTYN DIBBEN FOR CHAIR OF THE BCOL ADVISORY COUNCIL. MOTION SECONDED BY JIM LINDBERG. MOTION CARRIED UNANIMOUSLY, 11 -0. MARK DALEIDEN MOVED TO NOMINATE AND ELECT WES OLSON FOR VICE CHAIR OF THE BCOL ADVISORY COUNCIL. MOTION SECONDED BY GLEN POSUSTA. MOTION CARRIED UNANIMOUSLY, 11 -0. 4. Consideration of approving minutes from the December 5, 2014 meeting. MARK DALEIDEN MOVED TO APPROVE THE MINUTES OF THE REGULAR BCOL ADVISORY COUNCIL MEETING ON DECEMBER 5, 2014. MOTION SECONDED BY SCOTT PETERSON. MOTION CARRIED UNANIMOUSLY, 11 -0. BCOL Regional Park Advisory Council Meeting Minutes: January 16, 2015 5. Consideration of adding to and approving the agenda. A. Natural Playground. B. MCC Program Update. MARK DALEIDEN MOVED TO APPROVE THE AGENDA WITH THE ADDITIONAL ITEMS FOR DISCUSSION AS NOTED. MOTION SECONDED BY SCOTT PETERSON. MOTION CARRIED UNANIMOUSLY, 11 -0. 6. 2014 Year End Treasurer Report. Marc Mattice reviewed the year -end treasurer report for the Bertram Chain of Lakes, noting that the majority of donations receive come in earmarked for something in particular at the park. Donations to date total $6,589.09 and include donations for acquisition, Oak Savana Restoration, memorial benches, kiosks, etc. Mattice noted that two memorial benches have been set; one by the water control structure and the other one is down from the chalet on the edge of Bertram. The bench donation cost is $1,000 which includes a 10 -year maintenance program on the bench to cover repairs, vandalism, etc. 7. Frostbite Days Post Event Report. Wes Olson provided the Advisory Council with a report on the Frostbite Days Fishing Contest. Olson said that the contest was intended to be held on Bertram Lake but when checked the ice there was only 6 -9" thick. A change was made to hold the contest on Long Lake as the ice was 16" thick there. A total of 223 tickets were sold for the contest with 165 fishermen participating and approximately 150 kids participating in the kids contest. With the area available, Olson noted that the tournament could have easily handled 500 more participants. All in all everyone enjoyed the day. Berkley donated rods & reels and a lot of other fishing stuff was given away to the kids and the kids caught a few small crappies. The main fishing contest was well organized and well - orchestrated. In total the participants caught 5 crappies, 1 northern, 2 sunfish and they had to draw for the other prizes. All fish caught were released back to the lake and the mortality rate was zero. The set up and tear down went good. The Sheriff's Department was there, the fire department was there, and 30 or 40 Lions members on the ice, chamber volunteers, etc. Olson noted a few problems at the event; two guys came down on their snowmobiles but they were told to return back to parking area and they complied. A large sponsor from Saturday night's event showed up to sell tickets but they were told that the permits did not allow for solicitation so they were turned away. There were a few empty beer cans found in the parking lot but very minimal. Olson said that it was a lot of work and he doesn't think the Chamber made any money on the fishing contest after paying advertising and other costs. He said it will have to be restructured before the Chamber will take it on again. 2 BCOL Regional Park Advisory Council Meeting Minutes: January 16, 2015 Olson said that they had a DJ from a local radio station act as emcee at the event who did a very good job announcing. They announced about the history of Bertram, the rules and regulations at the park and some information about the YMCA camp. Olson said the feedback from the event is that while Long Lake was very nice and worked well for the event the holes were drilled in the wrong spot. If they have an event there next year they may move the area as the fish seem to be closer to shore. Olson said that the Chamber will be evaluating the whole thing and making their decision in the near future but he doesn't believe the Chamber will ask to do the fishing tournament out there again. Olson said he does foresee the Lions or the Rotary doing an event there but making it more of a kid's event and taking the opportunity to educate them about the environment and the park. 8. 2015 YMCA Shared Use Agreement. Marc Mattice reviewed the amended YMCA Shared Use Agreement with the Advisory Council and noted that the modifications made are acceptable with the YMCA. Mattice included a map showing the Day Camp Manitou layout for interim use for 2015. This amended agreement will allow the YMCA to operate the day camp through October 2015 on City /County property. MARK DALEIDEN MOVED TO RECOMMEND APPROVAL OF THE 2015 AMENDED SHARED USE AGREEMENT WITH THE YMCA TO THE MONTICELLOL CITY COUNCIL AND THE WRIGHT COUNTY BOARD. MOTION SECONDED BY LARRY NOLAN. MOTION CARRIED UNANIMOUSLY, 11 -0. 9. 2015 MORC Partnership. Marc Mattice said he met with MORC reps in December and they want to continue the working partnership with Wright County. Last year an $8,000 grant was received for trail maintenance allowing good progress to be made on the single track trails getting in 1 '/2 miles of new trails, installing trail signage and the kiosk. They will apply for the same grant again this year and are hoping to receive that for continued trail maintenance. Mattice noted that they lost one trail boss as he moved away and they will continue to look for additional volunteers to help construct and maintain the trails. Mattice said that the County received a donation from the Friends of Bertram to purchase a walk behind brush hog specifically assigned to Bertram for trail maintenance. Mattice said there are a lot of mountain bikers out there and people are coming from all around to use that facility and he said he foresees the use to keep improving every year. Mattice said that the goals for this year are to improve directions from the trailhead to the trail system and continue with the trail building. He explained that there are 10 miles of trails on the ground but not all of the trails meet the sustainable design guidelines so they are redesigning to make sustainable by following contours, slopes and grade recommendations to manage erosion. The consensus of the Advisory Council is to continue the working partnership agreement with MORC for 2015. 3 BCOL Regional Park Advisory Council Meeting Minutes: January 16, 2015 10. 2015 Purchase Update. Marc Mattice said the City received grant for 10.62 acres for the ballfield complex and both the City and County Board matches have been approved. The first appraisal has been ordered on the property and with that grant a review appraisal will also be ordered after the first appraisal comes in. Mattice said Wright County received the grant for Phase VII and the City and County Board have approved the local match and the appraisals are being ordered. Mattice said these two purchases should be secured in 2015. Angela Schumann reviewed the map of parcels not yet acquired and parcels being considered for future grant applications and acquisition. Mattice said that at the end of 2015 the City and Council should be at about 812 total acres acquired at the park. Mattice said there are 203 acres on the northeast side still unacquired and 40 acres unacquired which is slated for future athletic fields. The 40 acres will need to be applied for through the Outdoor Rec Grant. Mattice noted that almost $8.4M total has been received in grants for this project with just under $3.8M from the County and $3.8M from the City in match funding. Martyn Dibben inquired about pending grants. Schuman explained that there's an Outdoor Rec Grant due March 31St, noting that the program has been restructured with only $380,000 total available with a maximum grant award at $100,000. City and County staff will work together to determine what makes sense to apply for and possibly dividing parcels to allow for more grant applications as additional funding will be needed to acquire the properties due to the cap on the grant amount awarded per grant cycle. 11. Phase 9 — Parks and Trails Legacy Grant. Marc Mattice received a $1M grant for Phase IX which is the north 50 acres adjoining County Road 39 and that is planned for a 2016 acquisition. 12. Funding and Acquisition Report to Date. Marc Mattice said with the Legacy Funds in this budget session there will be some fighting at the Capitol about the 40/40/20 share for the grant funding for State /Metro /Greater. The granting for Legacy has always been through the DNR but now it's through the Greater Minnesota Parks & Trails Commission so the process will be different on how the funding is going to work and how the funding will be allocated. Park projects must be rated and included in the list to be considered for grant funding and fortunately Bertram has rated in the Top 5 in MN for regional park projects. The Legacy grant application cycle will start up this summer with the 90/10 match and Mattice will submit an application during that cycle. M BCOL Regional Park Advisory Council Meeting Minutes: January 16, 2015 13. Joint Powers Agreement. Marc Mattice said that the Joint Powers Agreement between the City and County is still in the review stages with the attorneys. Once complete, the agreement will be brought to the Advisory Council for review and recommendation. The joint powers agreement will need to be in place before the next purchase agreement is signed for acquisition. 14. Athletic Complex Update. Angela Schumann said that the Steering Committee is now in place for the RFP process for the Athletic Complex and they are in the process of getting the first meeting organized. At that meeting they will determine how to proceed with subsequent meetings and the process which will include following the planning process and going through Wright County for a land alteration permit. Jeff O'Neill said City Staff was advised by the City Council to look at potential uses for the city owned farmland including selling the property to the north of the park with the exclusion of the 26 acres set aside for the athletic complex. O'Neill said that they will bring back potential uses for the property to the City Council as well and look at buffering from the park if the property is sold. Schumann noted that the Steering Committee will have to gear up very quickly to get things moving as the grant funds must be utilized by 2017. The grant funds require that the athletic complex be open for public use within three years and it can be very generic such as a trail, gravel parking and open green space. Schumann said the original goal was to have the planning done by the end of 2015 and to start in 2016. 15. Friends of Bertram Update. Jim Lindberg said the Snow Sculpture Event is planned for February 21St in conjunction with the MCC Winter Block Party and will run from 9am -lpm with cash prizes for 1St thru 3rd place. The Friends approved the 2nd Annual Photo Contest which is now open and will run through November 2015. The Friends are hoping to receive great photos of each of the four seasons in the park to hopefully highlight in a future calendar of the Bertram Chain of Lakes. The Friends annual board meeting is scheduled for January 23rd and officers will be elected at that meeting. The Friends are also planning a spring cleanup day in April or May. 16. Discussion of added items. A. Natural Playground: Marc Mattice said he has met with the Rotary about the playground and the cost to implement the first phase of the playground including the playground equipment, safety surface and border is about $25,000. The Rotary is working on obtaining a grant which is due January 30th, and match funding from other Rotaries. Mattice explained that the County will donate the time to pick up the play equipment in order to save on the freight costs, as well as staff time to do the excavation for the playground. In order to save on sales tax for the Rotary, the County will purchase the equipment and the Rotary will reimburse the County for those costs. The Rotary is also requesting the City to volunteer the staff time to install the concrete curbing around 5 BCOL Regional Park Advisory Council Meeting Minutes: January 16, 2015 the playground and the County will supply the forms for that. The volunteered time from the City and County will save the Rotary from having to pay the costs of having that work contracted out. B. MCC Program Update: Kitty Baltos said the LaVallee family has requested to move the date of the Blazin' Thru Bertram Phillip LaVallee Memorial Run due to another family engagement on the originally scheduled weekend. The run is now being planned for the Saturday of Labor Day Weekend, September 5th. The hope is that this date will bring in more of Phillip's college friends due to the long holiday weekend. Baltos explained that she is working with Dave Wik to set up a new race series this year combining the March Madness 5K, Riverfest 5K and the Blazin' Thru Bertram which will offer runners the opportunity to earn points in each of the runs with the final run Top 5 point total winners to receive a race series award. Baltos said they are working out the details and will be promoting the race series soon. 17. Cancel February Meeting Date. Marc Mattice suggested canceling the February meeting being that this meeting was moved to later in January. MARK DALEIDEN MOVED TO CANCEL THE FEBRUARY 6, 2015 BCOL ADVISORY COUNCIL MEETING. MOTION SECONDED BY BRIAN STUMPF. MOTION CARRIED UNANIMOUSLY, 11 -0. 18. Schedule Next Meeting — March 6, 2015. The next regular BCOL Advisory Council Meeting will be held at Sam on Friday, March 6, 2015, in the Bridge Room at the MCC. 19. Adiourn. GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 10:00 AM. MOTION SECONDED BY MARK DALEIDEN. MOTION CARRIED UNANIMOUSLY, 11 -0. Recorder: 6�3Cth &reel? Administrative Assistant Approval Date: Attest: Angela Schumann, Bertram Advisory Council no Joint Powers Agreement JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF WRIGHT, MN AND THE CITY OF MONTICELLO, MN CREATING THE BERTRAM CHAIN OF LAKES REGIONAL PARK JOINT POWERS AUTHORITY (Hereinafter referred to as "The Authority ".) THIS AGREEMENT is hereby made by and between the COUNTY OF WRIGHT, a political subdivision of the State of Minnesota, and the CITY OF MONTICELLO, a municipal corporation, both of which shall individually or collectively be referred to as "Public Agencies ". 1.PURPOSE. The purpose of this agreement is to exercise those powers jointly to acquire, own, plan, design, improve, manage, operate and maintain the Bertram Chain of Lakes Regional Park,(hereinafter referred to as "The Park "), as shown on the Concept Plan, (Attachment A hereto). Such purposes are to be accomplished and said common power exercised in the manner hereinafter set forth. The goals of the Public Agencies are to exercise such powers in order to: (a)Preserve land within the focused planning area of The Nkas regional open space and park that protects the natural waterways and the natural and cultural resources and sensitive lands, and provides compatible recreational opportunities that do not damage sensitive lands. (b)Provide a continuous and coordinated system of preserved lands with a connecting corridor of hiking, walking, ski and bicycle trails, encompassing the four lakes within The Park. Iwo C active use park space, including, but not limited to, such uses as tt achment A. 2.TERM. This Agreement shall become effective immediately upon approval by the last of the Public Agencies, and shall continue in full force and effect indefinitely, with said Agreement to be re- examined every five years from its inception. Public Agencies shall provide each other with a minimum of one hundred eighty (180) days notice of intent to withdraw from the Joint Powers Authority. 3.CREATION OF ADVISORY AGENCY. There is hereby created a public entity known as the "Bertram Chain of Lakes Regional Park Joint Powers Authority" herein called "The Authority" and said Authority shall be an entity advisory only to the Public Agencies. 4.13OUNDARIES. The boundaries of the territory within which The Authority shall exercise its powers shall be those described in Attachment A. Said boundaries may be amended by the Public Agencies as additional land is acquired 5. COUNCIL. The Public Agencies shall be advised by a council to be known as the "Bertram Chain of Lakes Park Advisory Council (hereinafter called "Council "). Each member shall serve in his /her individual capacity as a member of the Council. The membership of the Council shall be as follows: A) The Bertram Chain of Lakes Regional Park Advisory Council shall consist of thirteen members as follows: • (2) Monticello City Council Members, as designated by the City Council; • (1) Monticello City Parks Commission Member, as designated by the Parks Commission; • (2) Wright County Commissioners, as designated by the County Board; • (1) Wright County Parks Board Member, designated by the Parks Advisory Boa rd; • (1) Monticello Township Officer or Representative, as designated by the Township; • (4) Citizens at large, two Monticello residents and two residents of elsewhere in the County, appointed by the balance of the Advisory Council, subject to approval by the Monticello City Council and the Wright County Board of Commissioners, respectively; • (1) Monticello School District Representative, as designated by the School District; • (1) Monticello Community Center Advisory Board Member, as designated by the MCC Advisory Board; and • (1) Ex Officio (Non - Voting) Member from the YMCA, as designated by the YMCA 6. MEETINGS OF THE COUNCIL. (a)Regular Meeting. The Council shall conduct regular meetings at least annually and at such other times as the Council shall designate at its first meeting of each year. Regular meetings shall be held at Monticello City Hall. (b) Proper and legal notice of special meetings and meeting cancellations shall be posted on the door of the usual meeting room, as well as at the Wright County Government Center and Monticello City Hall. (c) A majority of the total voting Advisory Council members shall constitute a quorum for the transaction of business. 7. RULES OF THE COUNCIL. The Council may adopt, from time to time, bylaws, rules, and regulations as may be required for the conduct of its meetings and the orderly operation of Authority; and copies and amendments thereto shall be filed with the Public Agencies. 8. POWERS OF THE COUNCIL. The Council shall have the following powers: (a)To acquire, hold and dispose of property by any legal method for Park purposes, to undertake overall planning for and to plan and design the Park, and to take any and all actions necessary to accomplish these powers. However, decisions by Council to acquire or dispose of real property shall be subject to prior approval of the Public Agencies. Prior to acquisition or disposal of real property within The Park by Public Agencies, they shall refer the proposed transaction to Council for review and recommendation. However, failure of the Public Agencies to so refer a transaction shall not (b)To establish guidelines for and advise Public Agenci uses within The Park. (c)To review and comm Agencies which are witl (d)To make recommen maintaining The Park. (e)To recommenc out The ctivit.ies. appropriate land N66A 'I development proposals submitt iay have an impact on The Park. Public ng, managing, operating and cts and agreements to carry 9. OPERATION AND MAINTENANCE. Council shall plfffor operation and maintenance of The Park. For an initial period, as determined by Council, Council shall assign the responsibility to the County of Wright through its Department of Parks and Recreation to operate, program and maintain the passive use areas of The Park, including all lands except the athletic complex, which shall be operated, programmed, and maintained by the City of Monticello. Council shall audit and evaluate County's and City's performance during and after said initial period and as necessary to determine whether and how the County or City should continue to perform these functions. Failure of the Public Agencies to refer to the Council actions regarding operation and maintenance of The Park shall not affect the validity of those actions. 10. DAMAGE TO EQUIPMENT. Each party shall be responsible for damage to or loss of its own equipment used at The Park. 11. INDEPENDENT CONTRACTOR. For purposes of this Agreement, each party shall be deemed to be independent contractors, responsible for its own employees and volunteers for all purposes, including, but not limited to, all benefits, medical coverage, liability, workers compensation and unemployment compensation. Any employees or agents of a party, while engaged in the performance of any work or services under this Agreement shall not be considered employees of any other party for any purpose. 12. "BUDGET. Council shall approve and recommend to the Public Agencies an annual budget prior to the beginning of each fiscal year. The "fiscal year" for Council shall be coterminous with that of the calendar year. SHOULD THIS INSTEAD HAVE A DEADLINE SO THAT THE CITY AND COUNTY HAVE THIS INFO DURING THEIR BUDGET PROCESS? 13.FUNDS DEPOSITED IN COUNTY TREASURY. The Treasury of County shall be the depository of the funds of the Authority and the Auditor - Treasurer shall receive and have custody of the Authority's funds. For any invoices received where costs are to be shared by the Public Agencies, the County shall pay the invoice and shall forward the same to the City to collect a one -half share. 14. AUDIT. To the extent required by Minn. Stat. §16C.05, Subd. 5 (as may be amended), the Parties agree that any Party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other Parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination. 15. DATA. All data collected, created, received, maintained, or disseminated for any purposes because of this Agreement is governed by Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as all other applicable state and federal law and regulations on data privacy. 16.NOTICES. Notices hereunder shall be sufficient if delivered to: COUNTY OF WRIGHT: Wright County Parks Department 1901 Highway 25 N. Buffalo, MN 55313 CITY OF MONTICELLO: City of Monticello 505 Walnut Street Monticello, MN 55362 17. LEGAL COUNSEL. Each party shall rely on its own legal counsel and be responsible for paying the costs thereof. 18. LIABILITY. The Authority shall be considered a separate and distinct public entity to which the Public Agencies have transferred all responsibility and control for liability claims regarding The Park. The Authority shall comply with all laws and rules that govern public parks in the State of Minnesota and shall be entitled to the protections of Minn. Stat. Ch. 466. To the full extent permitted by law, actions by the Public Agencies pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Public Agencies that they shall be deemed a "single governmental unit" for the purpose of liability, as set forth in Minn. Stat. §471.59, subd. 1a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. 19. CLAIMS. Any claims arising out of the activities of the public in The Park shall be handled by the party responsible for that particular area of the park or activity undertaken. For the passive use areas of the park, excluding the athletic fields, the County shall take the lead in handling any claims. For the athletic complex and activities thereon, the City shall take the lead in handling any claims. 20. TERMINATION. This Agreement may only be terminated upon the mutual agreement of the parties. Termination shall not discharge any liability incurred by The Authority prior to termination of this Agreement. Upon termination of this Agreement, each party shall retain all right, title, interest and ownership in the real property, and provisions shall be made for future maintenance of The Park. The parties may agree, however, to the conveyance of the real property to one of the parties. Any termination of this Agreement must be in writing. 21. OPERATING MEMORANDA. To preserve a reasonable degree of flexibility, many parts of this agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time which may further define the rights and obligations of the Public Agencies. 22. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by representatives of the Public Agencies. 23. SUCCESSORS. This agreement shall be binding upon and shall inure to the benefit of the successors to the Public Agencies. NEED TO ADD SIGNATURE BLOCKS OPERATING MEMORANDA This Operating Agreement is intended to accommodate the development and operation of the Bertram Chain of Lakes Regional Park, by providing a framework for governance and decision making. It is expected that this operating agreement will be modified from time to tie to reflect current circumstances of the Regional Park and its patrons and programmin,&,All such modifications shall be attach Bertram Chain of Lakes Regional Park YMCA Camp Manitou Bertram Chain of Lakes Regional Park Public Swimming Beach and Main Entrance YMCA Camp Manitou Bertram Lake Access South Trailhead — Mountain Bike Trails Bertram Chain of Lakes Regional Park YMCA Camp Manitou Bertram Chain of Lakes Regional Park Bertram Lake Access South Trailhead — Mountain Bike Trails Bertram Chain of Lakes Regional Park Bertram Lake Access South Trailhead — Mountain Bike Trails This Area Reserved For Participants In The YMCA Day Camp Manitou Programs Monday Through Friday 8:00 a.m. — 5:00 p.m. During These Days and Times This Area Is Closed To The General Public Thank You For Your Cooperation Swimming Beach Picnic Area Amphitheatre Swimming Beach Picnic Area Arrows Placed as needed once sign in place