DarienFest Dispute Heats Up

DARIEN, IL — The Darien Park District has deployed its lawyer to demand payment from the Darien Chamber of Commerce for damage that the district says resulted from the chamber's DarienFest in 2019. The dispute may mean DarienFest won't happen this year.

Through a public records request, Darien Patch obtained documents from the park district related to the controversy. The district claims that a DarienFest vendor caused $6,204 in damage to an asphalt path at Darien Communuity Park, where DarienFest has been held for a number of years.

Provisions in the chamber's agreement with the district indicate the group is responsible for any damage to the park beyond normal wear and tear. The chamber was required to get liability insurance for DarienFest, and it did, according to park district documents.

At the March 2 City Council meeting, Darien Mayor Joseph Marhese spoke about the dispute, offering to mediate a resolution.

In a letter last week to the chamber, attorney Gina Madden demanded immediate payment of the money. "At this time, the Park District must seek reimbursement for the tax dollars spent to make these repairs," Madden said.

According to the letter, the district made the chamber aware of the damage in person on Aug. 9, which was the first day of the three-day fest. Then the district followed up in writing Aug. 13. The chamber was again notified of the cost to repair the damage in a Sept. 4 email, but the district received no response.

In early October, the district requested a meeting about the damage, but did not get one for several weeks. At that time, the letter said, the chamber said it notified the vendor that caused the damage. The district received no further updates from the chamber. On Feb. 6 and 27, the chamber requested use of a park for DarienFest. In each instance, the district asked about the status of the damage payment, getting no response, according to public documents.

The district said it did not hear from the chamber again until it became an "openly criticized matter" during the City Council meeting. No chamber representative spoke at the meeting, but the mayor did. Marchese explained the chamber's unsuccessful attempts to move DarienFest to South Hinsdale High School, Eisenhower Junior High and a forest preserve property.

In early September, Stephanie Gurgone, the park district's executive director, emailed April Padalik, the chamber's executive director, saying the district received two quotes to repair the damage — $6,204 and $13,285.

Abbey Paving, which provided the $6,204 quote, needed to know soon if it could proceed because it would have paving equipment on site the next week, Gurgone said in the email.

"I understand that you may not be able to discuss this with the Chamber board prior to Friday, but the Park District is going to have to proceed with the work, as the cost is significantly cheaper and the path is a safety concern currently," Gurgone said.

In the Aug. 13 email notifying the chamber of the damage, Blake Ertmanis, superintendent of the parks, told Padalik that a truck damaged the same path the previous year, but it was confined to a small area and the district was able to fix it in-house.

In 2019, Ertmanis said, the damage extended to 60 feet, so he would seek quotes from contractors. He gave Padalik pictures of the damage and the large box truck that he said caused it.

In a Feb. 27 email, Padalik forwarded a Sept. 11 email that the vendor sent to her. The vendor's representative said the company was "looking into the situation." But the email did not indicate what "the situation" was. The district apparently did not get Padalik's email to the vendor.

In an interview earlier this month, Padalik said she did not want to "pour gasoline" on the dispute, which she was "being blown out of proportion." She confirmed the district secured a liability insurance policy and got certificates of insurance from all the vendors. "All the park needs to do is file a claim," she said.

Asked why the chamber would not make the claim through its insurance carrier as part of the liability policy, Padalik said, "I'm not an insurance company. I won't get into semantics."

In an email Monday, Gurgone said she did not expect any updates on the dispute for a while, given all the closings because of the coronavirus. The park board's next meeting is April 13, assuming it doesn't move or get canceled, she said.

At the council meeting, Marchese said the chamber asked officials from Hinsdale South High School, Eisenhower Junior High and the DuPage County Forest Preserve for space to hold the fest. South decided against the idea because of ongoing construction, while Eisenhower did not want to host an event that included liquor, Marchese said. As for the forest preserve property, the carnival vendor said the uneven terrain would prevent it from setting up its rides.

Last year's DarienFest included a carnival, a car show and music. It has been held for 32 years.