Kane County Forest Preserve District Executive Committee met Aug. 3.
Here is the minutes provided by the Committee:
I. Call to Order
The Forest Preserve District Executive Committee meeting was held Friday, August 3, 2018 at 8:30 AM at the Administration Offices located at 1996 S. Kirk Road, Suite 320, Geneva, IL 60134.
The meeting was opened by President Michael Kenyon at 8:30 AM.
Members Present:
Commissioner Deborah Allan Late
Commissioner Margaret Auger Present
Commissioner Theresa Barreiro Present
President Pro Tem Mark Davoust Present
Commissioner Drew Frasz Late
Commissioner Rebecca Gillam Present
Commissioner John Hoscheit Absent
President Michael Kenyon Present
Secretary Philip Lewis Absent
Commissioner Thomas Smith Present
Commissioner Barbara Wojnicki Absent
Others Present: Monica Meyers, Executive Director, Ken J. Stanish, Chief Financial Officer, Ben Haberthur, Director of Natural Resources, Laurie Metanchuk, Director of Community Affairs, Tracey Smith, Director of Human Resources, Mike Gilloffo, Director of Public Safety, Brittany Kovach, Community Affairs Specialist, Anna Marano, Buyer, Chuck Misner, Safety & Wellness Coordinator, Dave Petschke, Accounting Manager, Caitlin Rodeghero, Administrative Specialist, Betsy Scaletta, HR Generalist, Jerry Hodge, Attorney, Ellen J. Maglio, Recording Secretary
II. Approval of Minutes from July 6, 2018
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Thomas Smith, Commissioner
SECONDER: Margaret Auger, Commissioner
AYES: Margaret Auger, Theresa Barreiro, Mark Davoust, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: Deborah Allan, Drew Frasz, John Hoscheit, Philip Lewis, Barbara Wojnicki
III. Public Comment (Each Speaker is limited to three minutes) None.
IV. Presentation and Approval of Bills and Commissioners' Per Diem from July 2018
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Mark Davoust, President Pro Tem
SECONDER: Rebecca Gillam, Commissioner
AYES: Margaret Auger, Theresa Barreiro, Mark Davoust, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: Deborah Allan, Drew Frasz, John Hoscheit, Philip Lewis, Barbara Wojnicki
V. Finance and Administration
A. Presentation and Approval of an Amendment to the General Use Ordinance to Amend Swimming Fines
Swimming is prohibited under our ordinance, Chapter 3, Section 1. There is a serious, chronic problem with swimmers at the Big Rock Forest Preserve, in Siegler Lake. This is a quarry lake and was never designed for swimming, which is a dangerous activity there. During hot weather many adolescents come out in significant numbers to swim and dive off the bluffs.
We have increased the signage, and posted information on social media. Officers spend significant time at the location trying to prevent swimming, however, we cannot be there all the time. The present mail-in fine structure is $75, which increases to $125 if not paid in ten days.
In an effort to further deter swimming, the recommendation is to increase the mail-in fine for swimming to $150 if paid within ten days, and $200 if paid after that date. Additionally the increased fine would be posted in prominent places next to the no swimming signs.
DISCUSSION: None.
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Rebecca Gillam, Commissioner
SECONDER: Thomas Smith, Commissioner
AYES: Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: Deborah Allan, John Hoscheit, Philip Lewis, Barbara Wojnicki
VI. Land Acquisition
A. Presentation and Approval of a Proposal from RE/MAX Horizon for Real Estate Services
Recently, the District acquired two properties with structures that the Commission approved for possible resale at the time of the acquisitions. The parcels consist of a residential home with detached garage on a.81-acre lot along 5th Avenue in Aurora and a 10-acre farmstead on Jeter Road in Big Rock. The Land Acquisition Committee has approved the specific land area with structures to be subdivided for sale; the land area from the larger parcels for resale as well as seek proposals for real estate sales services.
Request for Proposals (RFP) for real estate services was advertised and sent to eleven vendors with one responding from RE/MAX Horizon from Elgin, IL. The office is centrally located within the county and has experience throughout the county.
Sales services will include all functions necessary to sell property; including, but not limited to, preparing sales materials, listing of properties, scheduling showings, working with buying agent and attorneys to coordinate contracts and any necessary supplemental documents for closing. The fee for sales services provided by RE/MAX is 4.25%.
Staff is recommending a one-year term for real estate sales services to allow the necessary time to subdivide and advertise the first two initial properties this fall (2018) and the possibility of any additional sales this next spring (2019).
DISCUSSION: Commissioner Smith protested that he has received complaints from those that were not involved in the process. Executive Director Meyers explained that the process is the same as we use for other projects; it is publicly advertised and posted on the website. Commissioner Auger stated that the rate of 4.25% in her experience as a real estate attorney is a very competitive rate.
RESULT: MOVED FORWARD BY VOICE VOTE [6 TO 1]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Rebecca Gillam, Commissioner
SECONDER: Drew Frasz, Commissioner
AYES: Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon
NAYS: Thomas Smith
ABSENT: Deborah Allan, John Hoscheit, Philip Lewis, Barbara Wojnick
B. Presentation and Approval of a Resolution for Land Acquisition of 160 Acres in Plato Township Adjacent to the Muirhead Springs Forest Preserve
Correction to the agenda - these parcels are in Plato Township not Rutland.
Roberts Trust (Vogel) Property - Approximately 235 acres adjacent to Muirhead Springs FP. Seller also wants to carve out the existing farmstead and keep. A resolution to acquire 160.1 acres of the Roberts Trust property in Plato Township.
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Theresa Barreiro, Commissioner
SECONDER: Deborah Allan, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
VII. Planning & Utilization
A. Presentation and Approval of a Bid for the Purchase and Construction of a New Trades
Building at Campton Forest Preserve
As more projects are undertaken by the Trades Division, more space is also needed. Building C, which is currently the workshop for the Trades Staff, is of insufficient size. The current existing building does not allow the Tradesmen to complete projects in a safe and efficient manner. Often, the Trades Staff work on different projects at the same time. Due to space restrictions, project phases are limited, which cause scheduling and completion inefficiencies. A high percentage of the Trades Building C has had to be transformed into storage for construction lumber inventory, memorial brick storage, as well as Planning and Community Affairs departments’ interpretive signs, sign bases, and memorial benches. The current building is also used to maintain preserve maintenance inventories, such as electrical and plumbing supplies.
As well as space being an issue, the overall condition of the building is deteriorating. The new, properly insulated and constructed building will be more energy efficient and allow staff to complete projects in a safe and efficient manner. The bid was sent to twenty-two vendors with three responding. RA Pinno Construction Corp. from Rosedale, Wisconsin was the lowest qualified bid for the purchase and construction of a 75’x 40’ steel building for the Trades Division. The remainder of the budgeted amount will be used for the interior build out of the building which will be completed by the Trades Division staff in-house.
DISCUSSION: None.
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Drew Frasz, Commissioner
SECONDER: Margaret Auger, Commissioner
AYES: Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: Deborah Allan, John Hoscheit, Philip Lewis, Barbara Wojnicki
B. Presentation and Approval of an Amendment to the Wayne Area Conservancy Foundation Prairie Stewardship Services Agreement for the Hoscheit Woods Forest Preserve
On November 2, 2011, the District added a 162.6-acre parcel of property in St. Charles to its landholdings. Not long after, the Wayne Area Conservancy Foundation approached the District, offering to help with restoration efforts on certain portions of the newly acquired property (Hoscheit Woods Forest Preserve). The Conservancy is unique in that it has an active group of volunteers, its own equipment, and fund-raising capability.
The agreement was approved in 2012, revised in 2015, and expired in June of 2018. The District is seeking to renew the previous agreement with one small addition to the reporting requirements. The Conservancy will now be required to provide the District with a monthly report detailing the total volunteer hours and activities performed at the Hoscheit Woods Forest Preserve. Reports will be delivered by the 25th of each month. This agreement renewal will be for a period of three years and otherwise remains identical to the 2015 revision. This includes the stipulation that specifics about the Foundation’s restoration efforts will be formulated in a separate restoration plan, developed jointly by the District’s natural resources staff and Conservancy representatives. The Parties’ efforts will be focused on developing a comprehensive restoration plan and the Conservancy will work on removing invasive species and maintaining restored prairie plantings. All materials to be used in restoration shall be provided by the Conservancy and District on a cost sharing basis to be determined between them, based on availability and price of prairie plant seed and related materials.
DISCUSSION: Chair Gillam testified that this was a great partnership.
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Drew Frasz, Commissioner
SECONDER: Margaret Auger, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
C. Presentation and Approval of the Purchase from the Gray Willows Mitigation Bank for the Raymond Street Tunnel Project Part of the Raymond Street Tunnel Project disturbs approximately 0.263 acres of wetland and the District is required to offset this loss with a 2 to 1 ratio of wetland credits. These credits are needed in order to receive the permit from the US Army Corps of Engineers.
The District worked with its consultant, WBK Engineering, LLC, to secure these credits from the Gray Willows Wetland Mitigation Bank. The price per acre is $80,000, so the total cost to the District is $47,200 for the 0.59 acres. In order to secure these credits and continue the approval process with the Army Corps., a deposit of 10% ($4,720) was already made to the wetland bank. The District will receive 80% or $37,760 of the total expense back from the CMAP/ITEP grant. DISCUSSION: None.
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Margaret Auger, Commissioner
SECONDER: Mark Davoust, President Pro Tem
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
VIII. New or Unfinished Business
A. Presentation and Approval of an Easement Agreement with the Union Pacific Railroad
As part of the Raymond Street Tunnel Project, the District must acquire a permanent easement for the tunnel installation in an area of 70’ x 80’ and various temporary easements for construction purposes from the Union Pacific Rail Road (UPRR). The cost of the permanent easement is $15,600.
Additionally, the UPRR is estimating additional fees totaling $154,000 (review fees $10,000 and on site flaggers at $144,000) during the construction phase of the project. At the time this contract is signed, the District will pay the $15,600 for the permanent easement.
UPRR will bill the District for review fees as services are rendered. The District has $9,700 remaining in the current PO with UPRR for review fees, therefore no additional funds will be needed at this time.
The $144,000 of flagger fees will be billed directly to the awarded construction contractor by UPRR and paid by the contractor to UPRR. IDOT will then bill the District for its 20% portion of this expense estimated to total $28,800.
The Phase III engineer (Benesch) will submit a request to IDOT to include in the grant the $10,000 in review fees. If awarded, a request for reimbursement will be submitted to IDOT following the completion of the project, of which $8,000 (80%) is estimated to be returned to the District. If the grant is not awarded, the District is obligated to pay 100% of these expenses and will not be reimbursed.
The $144,000 of estimated construction flagger costs will be billed directly to the awarded construction contractor by UPRR and paid by the contractor to UPRR. The Phase III engineer (Benesch) will submit a request to IDOT to include in the grant the construction flagger expenses. If awarded, IDOT will then bill the District for its 20% portion of this expense estimated to total $28,800. If the grant is not awarded, the District is obligated to pay 100% of these expenses. This expense is already accounted for in the construction estimate included in the grant resolution to be expensed at a later date based on actual costs.
The permanent easement expense of $15,600 is not eligible for reimbursement through the grant.
DISCUSSION: Commissioner Smith asked if the flaggers were an outside company. Executive Director Meyers said they were Railroad employees at their rate of pay. She also explained that Benesch & Co will be responsible for scheduling of flaggers.
President Kenyon asked if there was an estimated completion date for the project as it has been going on since 2009. Executive Director Meyers communicated to him that the bid is scheduled to be let in November, followed by the UPRR review. The contract in January as well as tree removal.
Forest Preserve District Executive Committee Minutes August 3, 2018 Construction will then begin in March and completion by end of 2019.
Chair Gillam offered her thanks and appreciation of the time consuming and often frustrating project and all the work that staff has entertained.
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Mark Davoust, President Pro Tem
SECONDER: Theresa Barreiro, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
B. Presentation and Approval of a Resolution Authorizing District Participation and Funding for the Raymond Street Tunnel Project
In February 2, 2016, the Commission approved Resolution 16-02-2447 formerly authorizing $2,218,621 for the Raymond Street Tunnel Project as part of a CMAQ Grant through the Illinois Department of Transportation (IDOT). The project is scheduled to be bid by IDOT in their November letting and they have requested an updated resolution of funding confirmation.
Since the 2015/16 fiscal year budget, the Commission has approved a total of $872,372 for what was anticipated to be the District’s portion of project expenses for Phase II engineering, Phase III engineering, and construction.
Additional costs over the originally projected expenses within the grant have been incurred totaling $532,523 to include the following:
| Project Element | Original Estimated
Grant Award | Additional
Costs | Current Actual/Estimated Total | District's Current
Obligation | Obligation with AdditionalGrant Award |
| UPRR Perm. Easement- | $ 15,600 | $ 15,600 | $ 15,600 | $ 15,600 | |
| UPRR Plan Review- | $ 40,253 | $ 40,253 | $ 40,253 | $ 8,051 | |
| Phase II Engineering- | $ 136,174 | $ 50,000 | $ 186,174 | $ 77,235 | $ 37,235 |
| Phase III Engineering- | $ 250,000 | $ 39,371 | $ 289,371 | $ 89,371 | $ 57,874 |
| Wetland Credits | $ 47,200 | $ 47,200 | $ 47,200 | $ 9,440 | |
| UPRR Const. Review-* | $ 10,000 | $ 10,000 | $ 10,000 | $ 2,000 | |
| UPRR Flaggers-* | $ 144,000 | $ 144,000 | $ 144,000 | $ 28,800 | |
| Construction-* | $ 2,333,881 | $ 186,099 | $ 2,519,980 | $ 652,875 | $ 503,996 |
| Totals | $ 2,720,055 | $ 532,523 | $ 3,252,578 | $ 1,076,534 | $ 662,996 |
The updated expenses above bring the District’s current obligation for the entire project to $1,076,534. The above additional expenses will be submitted to IDOT through Benesch Engineering (Phase III) immediately following the bid letting to be included in the grant for 80% reimbursement to the District. If awarded, the District’s total projected obligation will be modified. Based on current expenditures and the above final estimates for the project, if additional grant funding is awarded, the District’s obligation moving forward would total $662,996. Since inception, the District’s total obligation is estimated to be $806,657 for this project.
Executive Director Meyers went on to explain that the figures those with the asterisks are estimated at this time.
DISCUSSION: Commissioner Smith asked how big the actual tunnel will be. Executive Director Meyers stated that the easement will be 70' x 80'. Chair Gillam asked if there is a timeline for the grant funding distributions. Executive Director Meyers stated that for the current reimbursement, it is expected in January. IDOT pays for the construction with the District reimbursing IDOT for our 20% match.
RESULT: MOVED FORWARD BY VOICE VOTE [UNANIMOUS]
TO: FOREST PRESERVE DISTRICT COMMISSION 8/14/2018 9:00 AM
MOVER: Rebecca Gillam, Commissioner
SECONDER: Margaret Auger, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
IX. Closed Session to Discuss Land Acquisition, Contracts, Litigation and Personnel
Entered into Closed Session to discuss land acquisition. 9:00 a.m.
RESULT: ENTERED INTO CLOSED SESSION
TO DISCUSS LAND ACQUISITION ROLL CALL VOTE[UNANIMOUS]
MOVER: Theresa Barreiro, Commissioner
SECONDER: Drew Frasz, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
Exited Closed Session at 9:07 a.m.
RESULT: EXITED INTO CLOSED SESSION VOICE VOTE [UNANIMOUS]
MOVER: Mark Davoust, President Pro-Tem
SECONDER: Deborah Allan, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
X. Communications
Commissioner Barreiro informed the Committee that she and Commissioner Molina as well as an Alderman from Aurora will be hosting a National Night Out event in Aurora on August 7. All are invited, there will be food, fun and a bouncy house as well. There are at least 42 such events in the Aurora area. This event promotes neighborhoods and neighbors watching out for one another.
XI. President's Comments
President Kenyon shared that he has received some complaints about the traffic on Kirk Road on game days. He asked that staff contact the Cougar organization and make them aware of the complaints.
XII. Financial Reports
A. Bond Investment Analysis Report June 2018
B. Revenue & Expense Report through June 2018
C. Cash & Investment Report June 2018
RESULT: ITEMS A-C WERE PLACED ON FILE BY VOICE VOTE [UNANIMOUS]
MOVER: Mark Davoust, President Pro Tem
SECONDER: Drew Frasz, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
XIII. Adjournment
RESULT: ADJOURNED BY VOICE VOTE [UNANIMOUS]
MOVER: Thomas Smith, Commissioner
SECONDER: Drew Frasz, Commissioner
AYES: Deborah Allan, Margaret Auger, Theresa Barreiro, Mark Davoust, Drew Frasz, Rebecca Gillam, Michael Kenyon, Thomas Smith
ABSENT: John Hoscheit, Philip Lewis, Barbara Wojnicki
Adjournment until: Friday, September 7, 2017 at 8:30 am
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