ADHOC City Council & Park Board Minutes 2002 02-07-021
UNITED CITY OF YORKVILLE
SPECIAL JOINT ADMINISTRATION COMMITTEE
AND PARK BOARD MEETINGApPRovEDTHURSDAY,FEBRUARY 7,2002
6:30 P.M.
Q-13.0 N
In Attendance:
Administration Committee:
Alderwoman Rose Spears(Chairperson) Alderwoman Valerie Burd
Alderman Paul James Alderman Marty Munns(arrived 8:10)
Park Board:
Ken Koch Chris Rollins Lisa Scherer
David Cathey
Guests:
Mayor Art Prochaska(approximately at 7:15 P.M.)
Sue Swithin, Superintendent of Recreation
Purpose:
Review&Discussion of Duties,Responsibilities and Ordinances of Park&Recreation Board
Meeting called to order at 6:45 P.M.
Alderwoman Spears noted that the Park Board had not submitted any questions for City Attorney
Dan Kramer. Mr. Rollins stated that they didn't have any.
Mr. Rollins thanked Alderwoman Spears for establishing a need for the meeting and Mayor
Prochaska for recognizing the importance of clearly defined duties and responsibilities for all city
branches of city government. He asked the Park Board to introduce themselves and give their
background:
Lisa Scherer-five year resident-Board member for 2 /z years. She is a Special Ed teacher
trained to work with the visually impaired and mentally handicapped. She also interprets for
the hearing impaired. She is originally from DeKalb and wanted to live in a farming
community. Her concern is to make sure there is recreation for children because she has seen
other city experiencing growth and forget they are made up of families with kids.
Dave Cathey- 10 year resident. He is employed by Fermi Lab in Occupational Safety and
Health. He also has a small consulting business in Yorkville. He got involved with the
Board under the former mayor. He is originally from Wisconsin and admires open space and
trails. He has three children and he got involved do there would be things for them to do.
Ken Koch-three year resident. Employed eighteen years with the Fermi Lab. He has two
children. He wanted to get involved in politics.
Bill Wedge-Mr. Rollins indicated that Mr. Wedge is vacationing so unable to attend. He is
retired after a long career in the Armed Services and with Nabisco.
Chris Rollins- 10 years resident I Board member for six years. He came to the Park Board as
the liaison between the Board and the School Board. He has two children.
Mr.Rollins stated that the Park Board represents a
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Cross-section of the city as they all live in different sections of the city. He stated that he feels
that this is the best board the city has ever had. He said the Park Board purpose was and quoted
City Ordinance 2001-28(see attached)"to deal in all respects with personnel,programs, and
budgeting necessary to operate the City Park and Recreation Departments." He indicated that all
the Board members take their service seriously and all are members of the National Recreation
and Parks Association. Most have attended seminars and meetings to expand their knowledge of
issues that pertain to the development of parks and recreation. They now hold a second meeting
each month to accommodate developers and for park planning.
He stated that the Board believes there are three areas that need special attention to insure the
successful fulfillment of the Board's responsibilities:
Jurisdiction-they feel that under State statute that when a community establishes a Park and
Recreation Board that Board has and Mr. Rollins quoted the State statute"the power to
establish,conduct and maintain"a recreation system for the municipality. The Board
believes it is inconsistent with state statue and the city's ordinances for city officials and
employees to participate in negotiations or discussion regarding any aspect of Parks and
Recreation without the participation or consent of the Park Board.
Budget-The state statute and city ordinance state that the Park and Recreation Board has
responsibility for its budget. The Board understands the necessity of the City Council to
approve its expenditures however they feel that any change that needs to be made to their
budget should not be done without consultation,knowledge or consent of the Board. He feels
this is supported by state statute because the city applies a Recreation Levy against the
citizens and these funds are earmarked for recreation expenditure, which is governed by the
Board.
Personnel-The state statute and city ordinance support the personnel responsibilities of the
Board. The Board feels it is in their jurisdiction to request postings of open positions to seek
internal candidates,conduct searches for external candidates and to develop and conduct a
hiring process as long as it is consistent with city policy and applicable employment laws.
Alderwoman Spears noted that these are items that Attorney Kramer needs to review and he was
unable to attend. Mr. Rollins stated that he understood this.
He went on to state that the Board believes it is not obligated to accept newly created positions or
employees under its budget without discussion or consent of the Board. He reiterated that these
three areas are the greatest concern of the Board. Without resolution the Board cannot function
or meet their legal obligations.
Alderwoman Burd questioned a statement in the ordinance regarding a monthly report from the
Board and/or its director being submitted to the City Council. She indicated that she has never
seen this. She stated that she has seen their meeting minutes and Mr. Rollins indicated that this
functions as their report. Sue Swithin stated that she includes a report from the Recreation
Department along with the Park Board's minutes. Alderwoman Burd asked if Ms. Swithin or a
member of the Park Board could come to City Council meetings with a report. Ms. Swithin
indicated that this is why there is a City Council liaison,Alderman James. Alderwoman Burd
stated that she was unaware of how upset the Park Board was and somehow communications
between the Council and Board are not functioning. Mr. Koch agreed there is a lack of
communication. He indicated that they have sent ideas to the Council for evaluation and they
seem to disappear. Alderwoman Burd stated that certain things might not appear to be as
important to the liaison as they are do to the Board. Ms. Scherer agreed with this possibility. Mr.
Rollins stated that Alderman James,as the liaison,does not have editorial responsibilities,he is to
report what happened. If this isn't occurring,the liaison isn't serving the Board well.
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Alderwoman Burd stated that Alderman James is serving the City Council so he reports what he
kinks is important to the Council. Alderman James stated that this problem isn't justoccurringwithhimasliaisonbuthasbeenhappeningforyears. Ms. Scherer stated that Mayor Prochaska
said at the last Park Board meeting that there has always been a conflict between the Park Board
and the City Council and she questioned why this persists. Alderwoman Burd explained that the
Director of Public Works,Police Chief,etc. attend City Council meeting and make a report to the
Council. Mr. Cathey stated that the Director of Parks and Recreation would be the person to do
this when they are hired but maybe something needs to be done in the interim.
Alderwoman Spears asked the Board where they stand with the hiring of the Director. Mr.
Rollins stated that the position has not been posted yet but not from lack of the Board submitting
it to the City Administrator. He stated that this is one of the Board's issues. According to state
statute and ordinance,they have the right to hire people. The position was in the budget and
approved by the City Council. He stated that they have been trying for several months to get the
city administration to post the position internally. They are ready to start interviewing. Dave
Cathey stated that the Board has submitted their interviewing questions to four outside sources
who are involved with recreation/park programs for their input. Their input is due back by
Monday, February 11,2002 and he will take it to the Board that evening. Alderwoman Burd
asked if according to statue does this have to be reviewed by an attorney and Mr. Rollins stated
no but they have done this with other positions. Alderwoman Spears wanted the Board to be
aware that a labor attorney reviews all city postings and job descriptions.
Mayor Prochaska stated that he related to the Park Board that the labor attorney recommended,in
an effort to expedite hiring,that the interview questions be done before the position is posted. He
also stated that the labor attorney makes sure that the questions meet Equal Employment
Opportunity(EEO)requirements. Members of the Board did not recollect this.
Mr. Rollins explained how the Board intended to search for candidates by using park/recreation
trade publications advertisements,which are usually published monthly. They will have to
submit an ad and wait for the response. He felt the labor attorney's recommendation regarding
the questions being ready before advertising was not good advice. Mr. Rollins stated that the
Board had a long time before conducting interviews and they are responsible for their own hiring
process according to statute and ordinance. Mayor Prochaska and Alderwoman Spears disagreed
with this.
The group discussed the development of interview questions and the labor attorney's
recommendation that the candidates cannot be asked different questions. Also,the questions
have to be asked the same way and by the same person for each candidate. Alderwoman Burd
expressed her opinion that the Council is the body to make a decision not the attorneys. The
Council should use its judgement based on the attorney's advice.
Mayor Prochaska commented that he is bothered by the idea that one group is not working or
doesn't want to work with the other. He hoped everyone would work on cooperation. He stated
that in the nine years he has been on the Council he has been hearing the same arguments. He felt
there are two boards trying to run the same process and the City Council has to decide if they
want a Park District who will be a separate entity or a Park Board that makes recommendations to
the Council.
Mr. Rollins stated that he didn't disagree with this but went over the Board's three issues,which
were discussed before the Mayor arrived. He discussed that there are rules governed by state
statutes and it does not have provisions for a board that recommends. There shouldn't be any
b
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confusion as to who governs the function of parks and recreation according to state statute. They
are following the statute and the city ordinances and they feel they are in control of these
functions. He stated that if they are not and it is the opinion of the City that it no longer wishes to
be served by a Board it dissolve it. He stated that the Board does not want to be in limbo;they
want to be in control or they do not want to serve. He indicated that a Park District would be
great but it will take a lot of work before this happens and in the meantime parks and recreation
has to be govern somehow.
Mr. Cathey stated that there are three issues that the Park Board considers important and now the
discussion has turned to the Council and the Park Board not working together. He felt that the
issue still stands-where does the position of Director of Parks&Recreation stand. Will it get
posted? He stated that they were told they would get a Superintendent of Parks but this position
was removed and given to Public Works. The position's salary is being paid from the Parks
budget.
Mayor Prochaska explained that as a small town, Yorkville did not have a separate department for
Parks. Public Works is split into four areas,Parks, Street&Alleys,Water and Sewer. The
salaries of the people who work for Parks come out of that budget. Ms. Scherer stated that she
believes this but they have repeatedly asked for the number of hours that this person works and
they never received the information. Mayor Prochaska stated that with the change in personnel
this year it has now been set up to show a breakdown of cost and hours.
Mr. Cathey indicated that they have concerns with the City Administrator and his explanations
for things such as why the position wasn't posted and why funds for salaries are being taken out
of their budget. Alderwoman Burd said that the City Administrator and Mayor discuss how best
to use city fmds and they follow through with out consulting the Park Board. She stated that she
understood what the Board was saying about arbitrary decisions being made without input.
The Mayor stated that the intentions are not to stop things from happening but they are trying to
get things to fall in line.
The budget and the effects of the economy were discussed. Mr. Rollins understood that budgets
would need to be adjusted due to the fall in revenue but he felt that whoever is responsible for the
adjustments needed to discuss them with the Board. Mayor Prochaska took responsibility for the
matter being taken to the Board. Alderwoman Burd stated that the Board should not have been
told"about the adjustment but consulted about them before they were done. Mayor Prochaska
stated that this is not how the process works. He explained that all the department heads met to
go over the budget. They were aware of the decreases. Mr. Rollins stated that the department
head is not responsible for the budget the Park Board is. Ms. Swithin stated she and the Director
of Public Works, Eric Dhuse, had a great deal of involvement in the budget. However,changes
were made in the later revisions that she was not aware of and thus not shared with the Board.
Ms. Swithin commented that in the past she has been Park Board President. She has been
Superintendent of Recreation for six years and attended every meeting in that time. She stated
that there have always been controversies however more so now than ever. She felt that this is
the most educated and working Board she has worked with in six years. The issues she has
concerns with are new development, Land Cash,the swimming pool and personnel. She
expressed her opinion that the Board's services were not consistently being used. She stated that
she answers to the Board because they develop her goals and objectives every year. She
indicated that if she was a volunteer person and felt her recommendation was not being taken
seriously and appreciated, she would ask herself why bother? As a staff person, it is hard to go to
a Board when they have an attitude that no one cares about their suggestions. She recommended
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that the process be worked on by developing goals and guidelines and establishing Council
criteria regarding what is expected from the Board. She commented that if it is the goal to work
towards forming a Park District the Board should be allowed to grow and work harder because
they will be the ones wanting to be voted onto Park District Board.
Alderwoman Spears stated that the main purpose of this meeting is to see how everyone can work
together in an effort to resolve the issues the Park Board has. Mr. Rollins stated that everyone is
interested in expediency and sometimes this doesn't fall into the rules. The Board is trying to
meet their responsibilities. Ms. Scherer commented that they do not expect the City Council to
accept every recommendation that they make but they would like some respect and to be taken
seriously. She felt that their opinions are not heard and they are given in the best interest of the
city. Mayor Prochaska explained that recommendations from the Park Board are sent to a
committee meeting and discussed several times before they are passed on to the Committee of the
Whole for further discussion and then finally to a City Council meeting for a vote. He felt that
the Council does take their recommendations seriously.
The discussion turned to the outdoor swimming pool. He stated that he was asked by the YMCA
and Chairman of the Lyons Club to meet to discuss the pool. He explained following this
meeting,he was at the very next Park Board meeting to discuss this. Mr. Rollins pointed out a
headline in a local newspaper stating"Yorkville Pulls Outdoor Pool Plug". He stated that this
decision was made without the Park Board recommendation and even though he knows the
mayor's involvement was genuine,he expected this issue to come before the Board. He pointed
out that$15,000.00 of the Park and Recreation budget has been used toward the pool and they
had a right to be involved in this issue. Mayor Prochaska stated that he did not make a deal with
the YMCA and/or the Lyons Club. He was told that it would take$300,000.00 to make the pool
usable this year and he stated that he needed to take this information to the Park Board because
they were the group to work with. He also stated that if someone asks to meet with him,he
shouldn't have to call the Council or the Board for approval to have a meeting. Mr.Rollins stated
that when meetings turn to discussions of Park and Recreation issues,that according to ordinance
and stated statute they are the responsible party for governing. Sue Swithin stated that the Park
Board had presentations from pool ferns a few years ago. She thought a representative from the
Board was still involved in the issue. Mr. Rollins stated that the Board asked Mr. Roberts from
the YMCA to explain how they planned to use the$15,000.00 from the Parks budget. They
asked him specifically to include them in any information regarding the pool and he has avoided
contact with them. The subject was discussed further and it was suggested that the Park Board
have a representative attend the February 15, 2002 meeting with the mayor,the Lyons Club and
the YMCA.
Ms. Scherer also stated that there is also an issue with developers. They meet with developers to
discuss future parks and then they do not hear about the parks until everything is a done deal.
Mayor Prochaska stated that developers go before the Plan Commission with their project
concept plan. Before a developer brings a preliminary plat to the Plan Commission,the
Commission is going to look for a recommendation from the Park Board.
There was further discussion regarding job posting. Mr. Cathey stated that the Director of Parks
and Recreation would probably report to the City Administrator,Tony Graff. With this in mind,
the Board tried to meet with him to go over the interview questions but he hasn't returned their
phone calls. He questioned why Mr. Graff was not at this meeting and Alderwoman Spears
indicated she had asked him not to attend. Mr. Cathey indicated that on February 18, 2002 their
interview questions will be fmalized and on February 19,2002 the questions will be given to
Mayor Prochaska to send on to the labor attorney. Mr. Rollins stated that the City Administrator
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offered help with the hiring process so they submitted the posting to him. The first time they
submitted the posting to him the issue of internal and external posting came up. When asked if
there was a written policy regarding this they were told there wasn't any. The second time they
tried to post the job,they were advised that the City Council was changing the internal/external
posting policy. They submitted the posting after this change and have not received a response.
The mayor reminded everyone that the City Administrator is new to this position. Since his
taking the position the council has found that many policies have to be clarified.
Alderwoman Spears asked to return to the discussion of personnel and hours. The Parks
Department is concerned with people being paid out of their budget and they do not have control
over these individuals. The Park Board has asked for a work log and Mayor Prochaska indicated
that Mr. Dhuse is working on this but again,he is new to the position. Alderwoman Spears stated
that for budget purposes this type of information should be kept for all departments and the mayor
stated that he has given this directive to all the department heads. Mr. Rollins indicated that if the
Board doesn't receive this information from Mr. Dhuse they will not approve the budget. Also,
he stated that there is a levy in the community for recreation and those funds should not be in the
general fund because they are earmarked for the parks. It was concluded that Attorney Kramer's
input was needed on the levy issue.
The steps for the posting of the director's position were clarified. The interview questions would
be given to the mayor;he would give them to the labor attorney for review;if the attorney
approves the questions the job would be posted. If the attorney has concerns about the questions,
Mayor Prochaska would call Mr. Rollins to discuss the concerns. Mr. Cathey asked if the mayor
wanted anyone else to review the questions and it was determined that Mr. Graff would be given
them simultaneously with the attorney.
There was further discussion regarding the position of Director of Parks and Recreation;the City
Council working together with the Park Board as the community grows;the need for a policy
regarding posting;and the Land Cash fund. It was suggested that another workshop be held to
identify the specific areas causing the friction between the Park Board and the City Council such
as job posting,budget and jurisdiction. Attorney Kramer would need to be present. The group
tentatively decided to meet on February 27,2002 at 7:00 P.M.pending Attorney Kramer's
schedule. It was decided that Mr. Rollins and Mr. Koch would attend the February 15,2002
meeting regarding the pool. Mayor Prochaska indicated that he would inform them of the time
and place.
Meeting was adjourned at 8:50 P.M.
Minutes respectfully submitted by Jackie Milschewski, City Clerk