OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

KWAME RAOUL
ATTORNEY GENERAL

August 30, 2023

Via electronic mail

The Honorable Robert Quigley
President
Burr Ridge Park District
15W400 Harvester Drive
Burr Ridge, Illinois 60527
parkboard@brparks.org

RE: OMA Request for Review – 2023 PAC 77904

Dear Mr. Quigley:

The Public Access Bureau has received the attached Requests for Review in
which Mr. Edgar Pal alleges that the Burr Ridge Park District Board of Commissioners (Board)
violated the Open Meetings Act (OMA) (5 ILCS 120/1 et seq. (West 2022)) at its July 10, 2023,
meeting. A copy of the Request for Review is attached.

In his Requests for Review, Mr. Pal alleges that during the closed portion of its
July 10, 2023, meeting, the Board improperly discussed potential improvements to Harvester
Park and a proposed Costco development on property previously owned by CNH Industrial.

We have determined that further inquiry is warranted. In order to evaluate these

matters, we request that the Board or its representative respond in writing to Mr. Pal's allegation
that during the closed session of the meeting, it discussed matters described in his Request for
Review. In the response, please clarify whether the Board cited and identified the basis for
entering closed session, specify which statutory exception(s) in section 2(c) of OMA (5 ILCS
120/2 (West 2022)) was cited and identified, and explain how the matters discussed in closed
session are within the scope of the exception(s) cited. Please also provide copies of the agenda
for the July 10, 2023, meeting, the open and closed session minutes (draft form if necessary), and
the verbatim recording of the closed session for our confidential review.

As required by section 3.5(b) of OMA (5 ILCS 120/3.5(b) (West 2022)), please

provide this information to our office within 7 working days after receipt of this letter. As we

500 South Second Street, Springfield, Illinois 62701 • (217) 782-1090 • TTY: (877) 844-5461 • Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 • TTY: (800) 964-3013 • Fax: (312) 814-3806
601 South University Ave., Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (877) 675-9339 • Fax: (618) 529-6416
The Honorable Robert Quigley
August 30, 2023
Page 2

conduct our review of this matter, we will notify you if we need to review additional records or
information. You have the option under the Act to provide a written response to these
allegations in addition to the requested materials. That response may take the form of a letter,
brief or memorandum. Please note that under the Act, we are required to forward a copy of any
response from a public body to the requester and provide the requester an opportunity to reply. 5
ILCS 120/3.5(c) (West 2022). The Act also permits a public body to provide a copy of a
response with confidential information redacted for release to the requester. If you claim that
any portion of your written response is confidential, please send two versions of your
response letter: a complete copy for this office's confidential review and a redacted version
suitable for this office to forward to the requester. If you believe that other documents or
information would be helpful to us as we review the issues, you may submit additional records or
affidavits.

If you have any questions or would like to discuss this matter, please contact me
at (773) 590-7071.

Very truly yours,

GRACE ANGELOS
Assistant Attorney General
Public Access Bureau

Attachment

cc: Via electronic mail

Mr. Edgar Pal
Dunham, Lorraine

From: Edgar Pal (via Google Docs) < >

Sent: Saturday, August 26, 2023 9:08 PM
To: Public Access
Subject:[ EXTERNAL] OMA Request for Review - Burr Ridge Park District
Attachments: Burr Ridge Park RFR.pdf

Edgar Pal attached a document

Edgar Pal ( ) has attached the following document:

Burr Ridge Park RFR

Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA Tohelpprotect
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1
August 26, 2023

Leah Bartelt
Public Access Counselor
Office of the Attorney General
500 S. 2nd Street
Springfield, Illinois 62701
mailto:public.access
public.access@ilag. gov
@ilag.gov
OMA Request for Review

Dear Ms. Bartelt,

I am writing to submit a Request for Review alleging a violation of the Open Meetings Act by the
Burr Ridge Park District Board of Commissioners. Specifically, I allege that the Board improperly
met in closed session on July 10, 2023, to discuss “ real estate” matters.

https://www.brparks.org/_files/
Minutes: https://www.brparks. org/_files/ugd/6c0809_b52aaafb449347048b172b8dd1a0f9bb. pdf
ugd/6c0809_b52aaafb449347048b172b8dd1a0f9bb.pdf
https://patch.com/illinois/burrridge/burr-ridge-odds-park-
Patch article: https://patch.com/illinois/burrridge/burr-ridge-odds-park-district
district
On August 25, 2023, the Burr Ridge, IL Patch published an article titled “Burr Ridge At Odds
With Park District”. The Patch reported that the Park District Board had recently held a closed
session in which the Board discussed potential improvements to Harvester Park, along with a
proposed Costco development on property previously owned by CNH Industrial. The Patch
referred to an email by Burr Ridge Village Administrator Evan Walter, dated August 2, 2023,
which said that the Park District Board was holding the discussion in light of a potential planned
unit development that may be proposed through a zoning petition to the Village of Burr Ridge.
As shown by a document circulated to the public by a Park District Commissioner, the Board
may have discussed a draft plan description and drawing by developer Bridge Industrial.

The Patch surmises that the closed session took place on July 10, 2023, and I agree with that
conclusion. Mr. Walter s
’ email was dated August 2, 2023, and I checked the minutes of all Park
District Board meetings within 7 months prior to that date. Only the meeting on July 10, 2023,
included an executive session discussion of “real estate” matters.

The Park Board’s meeting minutes for July 10, 2023, do not specify which OMA exemption it
used to discuss such “real estate” matters. Nonetheless, OMA does not allow public bodies to
enter into closed session to discuss potential improvements to Park District property, upcoming
development projects, or zoning petitions that would support such projects.

Sincerely,

Edgar Pal
 Burr Ridge Park District
Regular Meeting
July 10, 2023

REGULAR MEETING

The regular meeting of the Burr Ridge Park District was called to order at the Burr Ridge
Community Center at 6:30 pm by President Quigley.

Present: Caplis, Lawrence, Malloy, Paulius, Quigley

Absent: None
Also present: Jim Pacanowski, Director
Jamie Janusz, Superintendent of Finance
Lavonne Campbell, Superintendent of Recreation

Approve July 10, 2023 Agenda

No changes were made to the Agenda.

Approve June 12, 2023 Regular Meeting Minutes

Malloy moved, seconded by Lawrence and approved by roll call vote to Approve the June 12,
2023 Regular Meeting Minutes.

Ayes: Caplis, Lawrence, Malloy, Paulius, Quigley Nays: None Abstain: None

OPEN FORUM

No Open Forum

CORRESPONDENCE

Nothing further was added to the written report.

REPORTS

Director of Parks & Recreation

In addition to the written report, Pacanowski reported that there was a Gateway SRA board
meeting this week and discussion will be on the Agenda at the next regular Board Meeting.
There is some discussion of Oak Brook bidding on taking over RFP services. In this park
district services are the through the Ray Graham Association. There are approximately 6-9
residents that participate in the SRA cooperative program. If there is a participant in the Burr
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Politics & Government

Burr Ridge At Odds With Park District

The park board closed its doors to discuss a park and a potential Costco development, a
village o cial said.

https://
David Giuliani, Patch Staff

Posted Fri, Aug 25, 2023 at 10:53 am CTUpdated Fri, Aug 25, 2023 at 12:08 pm CT

Reply (1)

Behind closed doors, the Burr Ridge Park DistrictADVERTISEMENT

board discussed potential improvements to Harvester Park,
according to a village of Burr Ridge email. (Google Maps)
BURR RIDGE, IL – The Burr Ridge village government is apparently limiting its

https://patch.com/illinois/burrridge/costco-may-come-burr-ridge
communications with a local park district on a proposed development that

would include Costco.

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https://www.scribd.com/
Through a public records request on the development, Patch on Thursday
document/667199456/Burr-Ridge-
obtained an email from the village about the Burr Ridge Park District.

Village Administrator Evan Walter sent the email to the mayor and the Village

Board.

Find out what's happening in Burr Ridgewith free, real-time updates from Patch.

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He alleged Patti Malloy, a park board member, emailed a document to residents

in a breach of "executive session decorum."

Walter said the document was circulated in a park board closed session in which

the board and staff discussed potential improvements to Harvester Park in

relation to the Costco development.

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 ADVERTISEMENT

The park is southwest of the old CNH property, which is under consideration for

the Costco store and other businesses.

If what Walter is saying is true, the board may have held a closed session that

violated the state' s open meetings law.

ADVERTISEMENT

Under the law, the board cannot discuss improvements to a park behind closed

doors. It is also unclear how the board could legally talk about the CNH property

outside public view.

On July 10, the board held a closed session at its regular meeting. But neither

the agenda nor the minutes are on the district' s website. Those documents

would likely indicate which exceptions under the open meetings law the board

used.

ADVERTISEMENT
The board has not placed any meeting minutes online in five months. Patch also

could find no past agendas on its website. Most public bodies provide all that

information online.

Patch has left two messages for comment with Jim Pacanowski, the district' s

director, since Thursday. It also left messages Friday with Malloy and the

board' s president, Robert Quigley.

In his email, Walter said the document in question was about developer Bridge

Industrial' s plan for the 110- acre property at 6900 Veterans Boulevard.

An anonymous mailer sent to residents described the plans for the new

development, Walter said. He said the village staff believed Malloy was

responsible. The information came to her during a closed session, he said.

Due to this occurrence, I have directed staff and our development consultants

not to share further documentation with the Park District related to the

potential development at CNH until further notice," Walter said.

ADVERTISEMENT

Once the developer submits a zoning request, Walter said, it will be made public

in a timely manner, including to the park district.

We will continue to dialogue with the Park District in a non- documentation

manner as is necessary to ensure that whatever development is ultimately

proposed at CNH is complementary to the use of Harvester Park," Walter said.

He added, " At this time, we have not received any media or (Freedom of

Information Act) requests related to this mailer, but that may change quickly."

Patch filed a request Thursday. On Friday, the village released the mailer

information (pictured below).

ADVERTISEMENT
Walter has not returned a message for comment.
ADVERTISEMENT

The village' s records also indicate that residents in the Fieldstone

neighborhood are also concerned about the development.

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Ridge Park District program from another town that is in need of a one on one aid, that
expense is reimbursed from the town the participant resides in if they are in the SRA.

Caplis asked what service Hinsdale uses.

Pacanowski responded that Hinsdale is part of the Gateway SRA.

Pacanowski also informed the Board that the Fieldstone HOA has responded to the park
district regarding participation in the herbicide application at McCullough Pond and the HOA
will be participating in paying a portion of the herbicide application.

Lawrence thanked Pacanowski for his efforts in this endeavor.

Caplis asked if the park district will be seeking compensation from Com Ed for water damage
that occurred from the electrical outage that resulted in receiving a $17,000 check from the
insurance company for damages from the electrical outage.

Pacanowski responded that compensation from Com Ed will not be sought as the electrical
outage exposed the leak, but did not cause the leak. Therefore, the damage was not caused
by the Com Ed electrical outage.

Superintendent of Finance

Nothing further added to the written report.

Pacanowski added that he would like the Board to consider extending the fuel surcharge to
Andy’ s Landscaping. Pacanowski recommended extending an adjustment of a $1.50
surcharge until the price of gasoline gets to $3.50 per gallon.

Lawrence asked if that surcharge was in effect two months ago.

Pacanowski stated that the surcharge ended in April and is now recommending it be
retroactive to April and extended until operations cease in October/ November.

Malloy asked if the base price of the gas would be $3.50.

Pacanowski stated that it would be.

It was unanimously agreed to extend the surcharge for Andy’ s Landscaping until operations
cease in October/ November.

Recreation Division

Nothing further added to the written report.

Lawrence stated that he is concerned about pool membership numbers.

Campbell responded that a pool membership price reduction for mid-season was just put in
place of $100 per family. This will hopefully increase membership numbers and income for
the season.
2
Caplis stated that membership numbers are alarming and does not bode well for the future of
the pool.
Campbell responded pool rentals and day camp numbers are high this season.
Lawrence asked how dailies are doing this season.
Campbell responded that dailies are doing well, however, figures have not been totaled yet.

Caplis stated that there are a lot of young families that have moved into the Woods Pool area.
Campbell responded that they have moved in, but not joined the pool.

Pacanowski added that a full-time employee was hired at Willowbrook Parks and Recreation
for senior programs and special events.
Campbell added that the seniors are thrilled that the Burr Ridge Park District is filling in the
gaps for senior programming needs.

UNFINISHED BUSINESS

No Unfinished Business

NEW BUSINESS

Approve Going to Public Bid for Harvester Park Tennis Court Resurfacing

Pacanowski informed the Board that there were a couple redundancies and 2 bids came in
that were not accepted. A couple changes were made with a better description of the
alternate project that is proposed. In addition, Pacanowski asked for authorization to sign the
contract for the lowest responsible bidder which will then be communicated to the Board.

Caplis moved to Approve Going to Public Bid for Harvester Park Tennis Court Resurfacing,
seconded by Malloy and approved by roll call vote.

Ayes: Caplis, Lawrence, Malloy, Paulius, Quigley Nays: None Abstain: None

Caplis moved to Authorize Pacanowski to Sign the Contract for the Lowest Responsible
Bidder for the Harvester Park Tennis Court Resurfacing, followed by an Email from
Pacanowski to the Board Detailing Bid Results. Seconded by Malloy and approved by roll
call vote.

Ayes: Caplis, Lawrence, Malloy, Paulius, Quigley Nays: None Abstain: None

Discuss 2023/ 24 Before and After Care Program Fees

Campbell informed the Board that research was done comparing before and after care prices
in the region. Before care average price in the region was $ 6.65 per hour and $ 5.88 for after
care per hour. The Burr Ridge Park District is a little below average; however, snacks were
3
removed this year in order to reduce costs. In addition, when Gower was looking to provide
after care services, instead of hiring KinderCare a decision was made by Gower to use the
Burr Ridge Park District with the agreement that a facility charge would not be incurred. In
return, the Burr Ridge Park District agreed to charge a lower fee to parents for before and
after care.

Additionally, the Burr Ridge Park District realizes revenue in excess of direct expenses of
20,000 per school year for the enrichment program at Gower for an annual total of
approximately $ 48,500 for the two programs combined.

Campbell is proposing an 8% increase in Before and After Care rates for the 2023/ 24 school
year for a rate of $6.50 per hour, and continuing the practice of not providing snacks.

Approve Agreement with M&M Concessions

Pacanowski stated that this is the standard agreement for the Fallball and Football season.

Caplis asked for information on the insurance that M&M carries as no amount is given.
Janusz responded that they provide the correct amount of insurance which is $1,000,000. In
addition, if they hire a worker workers compensation is provided. In addition, a $500 cash
deposit is retained.

Caplis stated that last year the Insurance Service Organization changed the language and
requirements.
Pacanowski responded that a detailed insurance amount requirement will be attached.

Caplis moved to Approve M&M Concession Agreement, seconded by Malloy and approved
by roll call vote.

Ayes: Caplis, Lawrence, Malloy, Paulius, Quigley Nays: None Abstain: None

APPROVAL OF BILLS

Malloy asked for verification of the ADT and outlook errors for Kuchta for $945.00.
Janusz responded that this is for the Alarm Detection System and email issues that Mike
Kuchta, our IT provider handled.

Caplis asked for verification of the $1400 bill for tree removal.
Pacanowski responded that this is for 6 trees in Lake Ridge Club, stumping, and a couple
trees behind the north soccer goal.

Caplis asked if there is a deductible for the sprinkler insurance.

Pacanowski responded that the deductible is $1,000.

Caplis asked for verification of the Dingo Equipment rental.

4
Pacanowski stated that this was a rental.

Caplis asked why the equipment was rented by the Burr Ridge Park District and not Andy’ s
Landscaping.
Pacanowski stated that it was a specialty piece of equipment needed.
Caplis stated that if equipment was needed to be rented, Andy’ s Landscaping should rent the
equipment. Any equipment needed should have been included as part of the bid and should
not have been added on as an additional expense to the Burr Ridge Park District.
Pacanowski responded that man labor hours/ vs. renting the equipment dictated that the
equipment rental would offer a significant amount of savings. In addition, that specific piece
of equipment was used at Kraml and Oak Grove as well and I not identified as a required
standard piece of equipment.

Paulius moved, seconded by Lawrence and approved by roll call vote to Approve the July
bills.

Ayes: Caplis, Lawrence, Malloy, Paulius, Quigley Nays: None Abstain: None

ADJOURN TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING REAL

ESTATE AND PERSONNEL MATTERS

Malloy moved, seconded by Lawrence and unanimously approved to adjourn the Regular
Meeting at 7:10 pm.

ADJOURNMENT

Caplis moved, seconded by Lawrence and unanimously approved to adjourn the Regular
Meeting at 7:37 pm.

Respectfully submitted,
Sherry Stednitz
Recording Secretary

h/jamie/board/ minutes/ brpd minutes July 10 2023