BUT THEY WERE NOT SCHEDULED TO DISCUSS THE BUDGET

The Workshop Meeting of the Glen Ellyn Park District Board of Commissioners was called to order at 7:02 PM on Tuesday, December 1.

Park District Naturalist Renae Frigo addressed the Board during Public Participation with an update on the Churchill Park restoration. The Glenbard West Rugby Team, several Scout Troops, St. Petronille students and a Glenbard West Ecology Class all contributed to the removal of over 1 ½ acres of invasive buckthorn this past year. Frigo added that approximately $1,000 in native seeds was donated by the St. Charles Park District to assist in the restoration project. District Naturalist Frigo was thanked by the Board and told by Commissioner Melissa Creech that she wants a program at Danby Park next year.

At 7:10 after Public Participation was over Thomas Waters arrived with Eric Peterson from Glen Ellyn Life. Although they were past Public Participation on the Agenda, Board President Sandra Minogue offered Waters an opportunity to address the Board.

A frequent participant at Board Meetings, this time Waters chose the opportunity to chastise the Board for expenditures and what he referred to as cost overruns at the Ackerman Sports Complex based on information he garnered from the internet.

Superintendent of Finance Laurie Woods asked Waters to define shortfall. She added that this is the result of a report that Creech asked for and is not able to acquire immediately due to Woods having to gather the information by hand going back to 2006, in addition to her other responsibilities. Woods further remarked that this was discussed at the November 17 Board Meeting and that Creech acknowledged at the time that this report would take some time to assemble.

In any event Waters asked if the Accounting Department would be handling this to which Woods replied that she is, and that she IS the accounting Department. Commissioner Ed Hess commented that as a Board the seven of them and the prior seven members before are constantly reviewing the Budget for Ackerman. The debate is over which parts belong to which budget and which fund. At this point, at approximately 7:15 PM Eric Peterson began to tape the meeting.

This led to a discussion of Change Orders for the Ackerman project. Superintendent of Parks Dave Scarmardo gave a report on the Ackerman Pay Request #13, which was in the Agenda. Commissioner Julia Nephew asked if all items on the Pay Request were for the amount bid on.

Scarmardo explained that the Pay Requests are for portions of the work completed, not for an entire bid amount. He further responded that PBS, Professional Building Services monitors the construction process and notifies the District with Change Orders when there is a change in a bid amount. Some items are omitted from the process. He explained that in the past the Board had approves additional expenditures up to $20,000 with the guidance of PBS given the fact that the Board meets twice a month and that without approving Change Orders can stop the construction process.

Commissioner Jay Kinzler, in more than one move during the meeting, showing that he was still fully on board with Team Creech, despite several past votes against Creech and Nephew, checked up on staff and called PBS to find out if staff was being truthful. In an extraordinarily thorough recap, Kinzler reported that in his conversation with PBS what he learned:

Kinzler asked PBS how Change Orders were handled. PBS stated that the Change Order is discussed with Staff and the Contractor. Then an estimate is given to Staff. The work continues or otherwise the project is at a standstill. Kinzler stated that PBS advised him that the screening were on the plans but not in the specifications which is not true. The screenings were omitted from both documents. The screening was done and Kinzler was miffed that it was done without his approval. The screenings were necessary as the athletic field could not be installed without these materials. Kinzler’s next complaint was that the EPDM vendor for the flashing cap. This too was omitted from the bid specifications but necessary. Part of this Change Order will be back charged to another contractor.

Board President Minogue asked Kinzler why he didn’t contact Director Atwell with his questions. Kinzler said he wasn’t whining or complaining, he just wanted more information right away. Creech commented that she was surprised that the Change Order was on the Agenda, and that her perception was that there were no other Change Orders.

Park District Legal Counsel Steve Adams offered that there seems to have been a disconnect with the reporting process, that these are valid concerns that need to be addressed. He further commented that in a construction project of this magnitude it is not uncommon to have anywhere from 3-6% of the total budget amount increased to due Change Orders. At this point an audience member in the vicinity of Thomas Waters was heard to mutter loudly: “Shut Up”. Coincidently, Thomas Waters stood up right after that utterance at 8:52 PM and exited the meeting.

Creech demanded to know who is culpable and what are the legal options for the loss to the Park District and the residents. Adams replied those are fair questions but the Court will ask what are the damages. In theory you did not receive what you asked for but these were several inches thick of documents, bids, surveys, permits and contracts. Yes, you have errors, but these are errors without real injury. You did not overpay, it is the difference between paying now and paying before. Paying now is known as betterment of the facility and the Courts will not award you for that. You cannot prove damages for the error.

Commissioner Julia Nephew asked what PBS’s role in the Ackerman project was. Counselor Adams explained that they monitor and oversee the construction process. Nephew proceeded to ask if PBS was on schedule with the construction at Ackerman. Adams again informed her that PBS is not the construction company; they oversee the many contractors working on this project.

Commissioner Bill Dallman thanked Kinzler and Creech for their diligence in questioning and learning the process. He also applauded Staff for their hard work and remarked that the Ackerman facility will withstand the test of time and make the community proud.

Moving along to the 2009 Tax Levy, Creech argued that she did not want to vote on this as she wanted more time to review the Budget. Superintendent Woods stated the deadline for filing the Levy with the County. Furthermore, Woods was directed by the Board to prepare the Tax Levy at the October 27 Regular Board Meeting for the December 1 Workshop Meeting. Counselor Adams reminded the Board that the Budget is not related to the Tax Levy. Commissioner Nephew asked if someone could please define the word consensus for her. The Board finally voted 7-0 to approve the Tax Levy.

Finance Superintendent Woods went on to define the Budget and Appropriations Ordinance. Commissioner Kinzler asked if this was the Budget. Woods explained that there is a Public Hearing on January 19, 2010 regarding the Budget. At this point Commissioner Creech demanded that the Board discuss the Budget. Commissioner Ron Aubrey explained that the Budget Ordinance was to be in compliance with the law and that that if they delay, they set back the public process. The Board voted 7-0 to approve the Budget and Appropriation Ordinance.

Commissioner Creech again demanded discussion of the Budget. As there were already (13) items on the Agenda for the Meeting Board President Minogue stated that the Budget was not on the Agenda, and that they had not planned on discussing the Budget at this Meeting, because well, it was not on the Agenda. The Board received the Board Packet with the Agenda on Wednesday, November 25. Commissioner Creech did not mention why she did not ask for a change in the Agenda to discuss the Budget prior this portion of the Meeting.

On Monday, November 30 Commissioner Kinzler sent an email with questions, comments and concerns about the Budget. When Creech was asked what she would like to discuss about the Budget Creech commented about Kinzler’s email. Board President Minogue remarked to Creech that Commissioner Kinzler was fully capable of asking the Board and Staff about his email on his own. Kinzler was asked if he wanted to discuss his email at that time, during Matters from Commissioners (one of the final Meeting Agenda items), or if he would like to meet with Director Atwell in the next day or two.

Kinzler replied that he knew his email from the day before was short notice but said he would like to discuss during Matters from Commissioners. During this point in the meeting, Kinzler proselytized in great detail ways the District could cut costs. Referencing cell phone company commercials offering unlimited minute plans and the like he asked if changing cell companies would provide greater savings. Superintendent Woods replied that the District, as a Government Agency utilizes a State Contract with Verizon. This contract allows changes to be made throughout the year, without penalty, unlike an individual plan which in many instances provides for steep penalties for changes made outside of a 2 years contract. This, Woods stated is a great benefit as their cell phone needs change throughout the season. More District employees require phones during the summer months and this plan better meets the District’s needs.

Nephew derisively asked why some employees carry Blackberry devices. Woods responded that this was to meet the needs of the Committees and was at their request. Soccer and baseball specifically asked for a higher level of communication with staff given their intense needs for fields and to communicate changes or conditions of the many fields they require.

Superintendent Scarmardo commented that the Parks Department previously used radios with an antenna on MSRC. The reception was poor and communication improved greatly with the use of cell phones. Now with the FCC (Federal Communication Commission) Sunset Clause on analog radios changing to digital as of February 18, 2008, the cost to comply with the FCC and the new technology would be cost prohibitive.

Commissioner Kinzler proceeded to demand to know why the District provides vehicles for Senior Staff Members. Kinzler contacted the Wheaton, Lombard and Hinsdale Park Districts and responded that these three Park Districts do not provide vehicles for staff & therefore the Glen Ellyn Park District should not either. Please read the article provided in The Glen Ellyn Park Bench: SENIOR STAFF VEHICLES NOT AS UNCOMMON AS YOU’D THINK THEY ARE. This provides a list of over 40 Park Districts and their Vehicle Staff Policies. Kinzler responded that there needs to be more cost cutting or well, he’s just not going to vote for the budget.

Board President Minogue suggested that the Board use caution with regard to micromanaging. She reminded some of the Board that some of these policies were in place before the Senior Staff members were even employed with the Glen Ellyn Park District.

Commissioner Ed Hess commented that the Board’s role is to set policy and approve expenditures. He reminded the Board that to micromanage at that level is not what the Board is here for. He further remarked that when Commissioners request copious amounts of reports and data, and when these numerous requests interfere with the day to day operations of the Park District Staff than, at some point the Board may have to decide what is worthwhile. Especially given the cost in man hours and staffing these requests may take.

Commissioner Creech responded that she was concerned about cuts in the parks budget. Her concerns were that garbage would not be being picked up, grass would not be mowed, and fields would not be striped for sports. Creech offered that under no circumstances should services be cut from the Budget, yet she did not provide any clear alternatives despite Superintendent Scarmardo’s earlier comments that these services would be reduced, monitored carefully and brought to the Board if any changes were required.

Commissioner Hess reminded the Board that Board Elections were forthcoming in January. The Meeting adjourned at 9:43 PM.

The next Regular Board Meeting of the Glen Ellyn Park District is scheduled for Tuesday, December 15 at 7:00 PM. The meetings are held at the Spring Avenue Recreation Center (SARC) 185 Spring Avenue. As with all meetings, the public is invited and welcome to attend.