Park District Board of Commissioners Special Meeting Minutes November 15, 2018 Park Place

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1 Park District Board of Commissioners Special Meeting Minutes November 15, 2018 Park Place MISSION STATEMENT: To enhance the lives of our residents by providing programs, services, facilities and open spaces that safely promote health, recreation and community in an environmentally and fiscally responsible manner. Call to Order: Commissioner Michele Hartwig called the meeting to order at 6:30 PM. Roll Call: Commissioners Present: Thomas Aquilina, Caroline Bachour-Chemaly, Debbie Gallagher, Larry Wheeler, Shawn Zimmerman, Cathy Cagle, Michele Hartwig Legal Counsel: Derke Price, Ancel, Glink, Diamond, Bush, DiCianni and Krafthefer, P.C. Staff: Jason Herbster, Executive Director, Erik Jakubowski, Superintendent of Park Services, Katrina Hanna, Superintendent of Business Services, Ann Viger, Director of Planning and Development, Kurt Reckamp, Superintendent of Recreation Programs and Facilities, Anne Sandor, Recording Secretary Citizens: Dan Forbes, Speer Financial, Inc., Angel Collins, Timothy O Neill, Greg Kobelinski, Rich Puchner, Jim Heisler, Brad Frey, Zack Plum, Jim Rocheford, Val Phillips, Jucy Tiesenga, Fred Tiesenga, Brian Wheeland, Jason Heisler, Joe LaMonica, Dave Graham, Catalina Rios Myer, Monica Fielder, Gerry Meyer, Bill Carvell, Jaime Peterson, James Phillips, Marilynn Vogelman, Kevin Sullivan Approval of Agenda: Director Herbster requested New Business Items B. and C. be moved after Matters from the Public. Commissioner Zimmerman moved to approve the agenda, as amended. Seconded by Commissioner Gallagher. All were in favor. Approval of Minutes: Commissioner Gallagher moved to approve the minutes of the Regular Meeting October 11, 2018, the Special Meeting October 25, 2018 (Lippold Berm Project) and the Special Meeting October 25, Seconded by Commissioner Cagle. All were in favor. Approval of Voucher Expenses Commissioner Wheeler moved to approve the balance of the Vouchers Expense Report for the month ending October 31, 2018, in the amount of $709, Seconded by Commissioner Bachour-Chemaly. Roll Call: Ayes: 7 (Aquilina, Bachour-Chemaly, Gallagher, Wheeler, Zimmerman, Cagle, Hartwig) Nays: 0 Approval of Interim Voucher Expenses Commissioner Wheeler moved to approve the Interim Expense Vouchers for the month ending November 30, 2018, in the amount of $121, Seconded by Commissioner Gallagher. Roll Call: Ayes: 7 (Bachour-Chemaly, Gallagher, Wheeler, Zimmerman, Cagle, Aquilina, Hartwig) Nays: 0 1

2 Treasurer s Report Commissioner Wheeler moved to approve the Treasurer s Report for the month ending October 31, 2018, in the amount of $12,732, Seconded by Commissioner Zimmerman. Roll Call: 7 (Gallagher, Wheeler, Zimmerman, Cagle, Aquilina, Bachour-Chemaly, Hartwig) Nays: 0 Consent Agenda -None Matters from the Public Angel Collins, Park District resident (Former Park Board Commissioner) stated she was in favor of the proposed ordinance. The document will work well to insure the safety of the Community and for the Park District. The District is within its rights to enforce an ordinance. Fred Tiesenga, Park District resident stated the ordinance has nothing to do with safety, as the piers are in the no wake area. He commented this ordinance would affect only the North Shore Homeowners, not the entire community; most members of the community do not care about piers. He noted at the last Park Board meeting many residents were not in favor of this ordinance and felt the District is not within their rights to enforce an ordinance on the lake. New Business -Items B and C B. Approval: Speer Financial Acceptance of Low Bid Rate Commissioner Gallagher moved to accept the bid from McHenry Savings Bank, McHenry, Illinois, at a net interest rate of 2.49% for the General Obligation Limited Tax Park Bonds, Series 2018B. Seconded by Commissioner Wheeler. Dan Forbes, Speers Financial Inc., reported three bids were received for the $921,725 General Obligation Limited Tax Bonds, Series 2018B. Speers Financial, Inc. recommended that the bid from McHenry Savings Bank, McHenry, Illinois with an interest rate of 2.49% be accepted. After the sale, to optimize the Bond Fund Debt Service Extension Base, the issue was upsized by $80 to $921,805 with a net interest rate of 2.49%.The bidders are listed below. McHenry Savings Bank, McHenry, Illinois 2.49% Crystal Lake Band && Trust Company, N.A., Crystal Lake, Illinois 2.53% Herscher CUSD No. 2, Herscher, Illinois 2.75% Park Ridge Community Bank, Park Ridge, Illinois 2.87% Roll Call: Ayes: 7 (Wheeler, Zimmerman, Cagle, Aquilina, Bachour-Chemaly, Gallagher, Hartwig) Nays: 0 C. Approval: Ordinance Commissioner Wheeler moved to approve Ordinance , an Ordinance providing for the issue of approximately $921,725 General Obligation Limited Tax Park Bonds, Series 2018B, for the payment of land for parks, for the building, maintaining, improving and protecting of the same and the existing land and facilities of the District and to provide the revenue source for the payment of certain outstanding obligations of the District, providing for the levy of a direct annual tax to pay the principal and interest on said bonds, and authorizing the sale of said bonds to the purchaser thereof. Seconded by Commissioner Aquilina. Roll Call: Ayes: 7 (Cagle, Aquilina, Bachour-Chemaly, Gallagher, Wheeler, Zimmerman, Hartwig) Nays: 0 Committee Reports A. Finance Committee Meeting was held on October 10, 2018 to discuss the upcoming tax levy and budget. Commissioner Wheeler commended Katrina Hannah on her presentation. Reports are being made easier to understand. Minutes from the meeting were included in the packet. 2

3 Unfinished Business A. Discussion: Pier and Mooring Ordinance Commissioner Gallagher stated she was not in favor of moving forward of passing this ordinance, due to some clarification of information. She asked if the Crystal Lake was a public or private lake. Attorney Price stated the Lake is a public entity as the Crystal Lake Park District is a public entity. Property rights were resolved in the 1995 litigation, with the Park District owning a large portion of the lake. Owning a large portion of the lake gives the District the power to enforce ordinance to regulate the location of piers on park district property. Commissioner Gallagher asked if the Park District is responsible to maintain the lake and liable for what happens on the lake. Attorney Price stated the State of Illinois has given Park Districts broad grants of immunity. Immunity is subject to some boundaries, i.e. if the District is put on notice of a safety issue, they are responsible to correct. Drainage issues and shoreline issues on park property are the responsibilities of the District. The District is not absolute immune from liability issues. Legally, the Park District is not responsible to maintain the entire lake. Shoreline Owners are responsible to maintain their property. Gallagher noted there were 90 boats moored on the lake ten years ago. Today there are 123 boats. These are not all homeowner s boats or belong to a homeowners association. If this continues to increase, this can become a safety issue, as boats can become detached from the moorings. The lake is a valuable asset and we need to work together. Willing to sit down with associations and property owners to come up with a solution. She would like to approach the IDNR to see if they have any interest in the deed to the lake. Willing to work together as allies not adversaries. The days of the Park District having no say is over. We need to have a say if the public wants to continue lake management. Commissioner Cagle stated she is concerned with the three agencies not working together. She agreed with contacting the IDNR. She understands the public concerns but would like to have more discussion on the ordinance. Commissioner Aquilina stated that the Board is working for the community. Not enough concrete information has been presented. The Board needs think about how much time it takes on due diligence. Commissioner Bachour-Chemaly stated she is in favor working together to pass guidelines for piers. Commissioner Aquilina stated he would liketo place the matter on hold pending further due diligence. The purpose of the last meeting was for public input on the proposed ordinance. The focus on that meeting was who is right and who is wrong. We need to work together to develop an ordinance, if necessary, for the lake and community. Commissioner Zimmerman stated the Village of Lakewood s Ordinance is too simple and not very clear and the Park District s proposed ordinance needs to be scaled back. He expressed an interest in seeing what the lake was like 30 years ago and what the lake would be like in 30 years and would like to have a blueprint for the future of the lake. Zimmerman stated he would be in favor of holding off passing the ordinance until more information is received. Zimmerman added he would be in favor of looking into giving up the deed to the lake, as the District spends large amounts of money on lake management. Commissioner Wheeler commented the Board wants to do right for the lake and the community. The Park District should be included in the Lake Safety Agreement. There is a need to educate the public on the facts. 3

4 Commissioner Hartwig commented the Board s responsibility is to look out for the best interest of the community and the lake is a big responsibility. Hartwig stated she does not have enough information to make a decision on passing the proposed ordinance and agreed to continue due diligence. She added she wants to work together on this matter. The Board agreed to contact the ILDNR for information on Crystal Lake becoming a State Lake. An unidentified resident asked why the original ordinance and funneling ordinance were not exercised. Why not address the moorings causing safety violations. Attorney Price states an ordinance guides a concept of fairness. The park district can provide an ordinance to guide those on the parameters of piers/moorings. The benefit of an ordinance is to ask other agencies to assist. Agrees the Park District, City of Crystal Lake, Village of Lakewood and the Homeowners should meet to discuss lake safety. Director Herbster stated two years ago, the District had been meeting with the Village and the City. The meeting stopped when there was a change in leadership in the Village of Lakewood. Fred Tiesenga asked if the Park District is willing to limit access to the lake. Director Herbster stated the access to the lake is regulated by the sale of Lake Usage decals. Commissioner Gallagher stated the access to the lake is not only through the Park District launches. Marilyn Vogelman noted the CCAPOA has not changed its boundaries. Only people within the boundaries are using the launch. Commissioner Gallagher stated this ordinance would not affect everyone on the lake. Commissioner Zimmerman stated there is no problem today, the ordinance is for the future of the lake. Marilyn Vogelman asked about Lake Management and what is done with the reports on weed control. Director Herbster stated the Lake Management provides water testing and removal of invasive species and weed control is on an as needed basis. He added the floating masses of weeds have been harvested in the past and the cost of harvesting is expensive. Marilyn Vogelman stated she does not want adversarial and asked why the President started the October 25 th meeting with, if there is anyone not going to be orderly, they will be asked to leave and why were there were four officers present. Director Herbster explained the reason was due to the conduct of the public at a previous meeting. Marilyn added the current rules and regulations of the lake are working out and she is not in favor of the proposed ordinance. Fred Tiesenga added the public message at the last meeting was that the Ordinance is not wanted. An unidentified resident stated he appreciates the voluntary Park Board position. He added, the meeting on October 25 was called due to the lakefront homeowners not being made aware of the proposed ordinance. The danger lies on the number of boats allowed and the boat users. An unidentified resident commented the communication was broken and suggested the Board instill a communication mechanism. Requested notes from the meeting and were not received. The notes were not available until after Board approval. Zimmerman added there were people at the October 25th meeting who were in favor of the proposed ordinance. We need to listen to all of the public. Commissioner Wheeler stated he was told people at the meeting were intimated. Commissioner Aquilina added the cheering after speakers was very intimidating. The Board received negative feedback. 4

5 An unidentified resident commented the Intimidation was on them. They also can send their thoughts via . Commissioner Hartwig stated she received s from people in favor of the ordinance after that meeting. Commissioner Hartwig thanked the public for their attendance and feedback. B. Discussion: Oak Hollow Park Update Commissioner Hartwig introduced Jaime Peterson, Resident of Ashton Pointe subdivision. Mrs. Peterson and neighbors came to the District to request the Park District build a tot lot in their subdivision. A video showing the cross walk on Pingree Road showed the heavy traffic. The Board agreed the crosswalk lights are hard to see and the traffic is heavy for pedestrians to cross. Director Herbster stated he did speak with City staff regarding the crosswalks. Herbster is waiting to hear back from District 47 regarding the property located in the neighborhood. Herbster added the City also has property at that location and stated they would be happy to work with the District regarding the project. There will be community meeting will be held for feedback on the location. The Board agreed to check with District 47 regarding their property and to contact this city regarding the safety of the crosswalk. Ms. Peterson requested a follow-up call. New Business A. Approval: Tax Levy Determination of Funds Commissioner Gallagher moved approve a levy of $6,492, for Corporate and Special Revenue Funds; a total levy of $7,580,133.39, which includes Debt Service. Commissioner Wheeler commented he appreciated the format used in the report. Katrina Hanna reported 2018 property tax rate has gone done 4.6%, and this is the fourth year there has been a decrease in the Park District tax rate. Commissioner Aquilina seconded the motion. Roll Call: Ayes: 7 (Zimmerman, Aquilina, Bachour- Chemaly, Gallagher, Wheeler, Cagle, Hartwig) Nays: 0 B. Approval: Speer Financial Acceptance of Low Bid Rate (Previously Approved) C. Approval: Ordinance (Previously Approved) D. Appointment of Delegate and Alternate for the Annual IAPD Business meeting. Commissioner Zimmerman made a motion to appoint Executive Director Herbster as the delegate and Commissioner Larry Wheeler as an alternate for the IAPD Annual Meeting. Seconded by Commissioner Aquilina. All were in favor. E. Approval: Bid Approval for Flooring Replacement at Grand Oaks Commissioner Gallagher moved to accept the bid submitted by Floors, Incorporated, in the amount of $27,290 for the Vinyl Dance Floor Project at Grand Oaks Recreation Center. Seconded by Commissioner Bachour-Chemaly. Roll Call: Ayes: 7 (Aquilina, Bachour-Chemaly, Gallagher, Wheeler, Zimmerman, Cagle, Hartwig) Nays: 0 Committee Meetings: A. Finance Committee Meeting will be held at the Administrative Office on December 3, 2018, at 10:30am. 5

6 Reports to the Board Executive Director: The proposed budget timeline was distributed to the Board. The timeline proposed to have the proposed budget to the Park Board on March 4-6 for review, conduct a Budget Workshop Meeting on March 14, and pass the Budget in April A Board Retreat will be scheduled in January The Holiday Festival of Lights Parade will be held on November 23, 2018, at 7pm. Director of Planning and Development Lippold Park Drainage: The Berm Project began today. Superintendent of Business Services The investment interest rate at Home State has increased. Superintendent of Recreation Programs and Facility Services Staff is preparing for the final month of Park Place. Matters from the Board Commissioner Cagle suggested when planning for ADA needs to contact the people in need of these amenities. Commissioner Bachour-Chemaly asked if the Parks Department considered installing bat houses in the parks to help with the mosquitos. Superintendent Jakubowski stated this would not help with mosquito control. Commissioner Chemaly thanked Legal Counsel for his comments regarding the lake. Commissioner Gallagher commented on the inaccuracies of the history document submitted by Fred Tsienga. Attorney Price added there was much information excluded from the document, i.e., the Park District s devotion to Lake. Commissioner Wheeler thanked Legal Counsel for their assistance regarding the Lake. Commissioner Wheeler commented on the Park Police reports and commended the Officers involved with the house fire. Commissioner Hartwig thanked the Board for the great conversation with the public. Committee Meeting Date: A Finance Committee meeting has been scheduled for Monday, December 3, 2018, at 10:30am, at the Administrative Office. Executive Session Commissioner Cagle moved to enter Executive Session at 8:47 pm, to discuss item B. Personnel 2(c) 1. Seconded by Commissioner Aquilina. Roll Call: Ayes: 7 (Bachour-Chemaly, Gallagher, Wheeler, Zimmerman, Cagle, Aquilina, Hartwig) Nays: 0 Reconvene: Commissioner Gallagher moved to reconvene Open Session at 9:36pm. All were in favor. Action from Matters from Executive Session: None. Adjourn: Commissioner Gallagher moved to adjourn the meeting at 9:37pm. All were in favor. Aprove: President Attest: Secretary 6