ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

PETER M. MURPHY
IAPD General Counsel

IAPD Welcomes New House & Senate Members

$18.4 million in OSLAD grants for park, forests, cities

THE ILLINOIS ASSOCIATION of Park Districts welcome the following new members of the Illinois General Assembly. In the Senate:

• District 1,Antonio "Tony" Munoz, Chicago (D)

• District 4, KimberlyA. Lightford, Maywood (D)

• District 8,Ira I. Silverstein, Chicago (D)

• District 17, Lisa Madigan, Chicago (D)

In addition, former Representative Duane Noland, District 51 (R) was elected to the Senate.

New members of the House include:

• District 3, William '"Willie" Delgado, Chicago (D)

• District 18, JulieHamos, Chicago (D)

• District 29, Willis Harris, Dolton (D)

• District 40, Randall M. "Randy" Hultgren, Wheaton (R)

• District 42, Timothy L. Schmitz, Batavia (R)

• District 51, Sidney Mathias, Buffalo Grove (R)

• District 54, Suzanne (Suzie) Bassi, Palatine (R)

• District 59, Susan Garrett, Lake Forest (D)

• District 62, Timothy H. Osmond, Antioch (R)

• District 63, Jack D. Franks, Woodstock (D)

• District 81, Patricia R. "Patti" Bellock,Hinsdale (R)

• District 89, Keith P. Sommer, Mackinaw (R)

• District 102, Bill Mitchell, Decatur (R)

• District 118, James D. "Jim" Fowler, Harrisburg (D)

The state's congressional delegation also now includes former Democratic state Rep. Jan Schakowsky filling the vacancy of retiring Congressman Sidney Yates in the 9th Congressional District; former Republican state Rep. Judy Biggert filling the seat of retiring Congressman Harris Fawell in the 13th Congressional District; and Democratic state Rep. David Phelps replacing Gubernatorial candidate Glenn Poshard in the 19th Congressional District.

VETO SESSION

During the veto session, which ended on Dec. 3, 1998, the Illinois House and Senate overrode Governor Edgars amendatory veto of House Bill 1151. This now can be referenced as Public Act 90-805. The new act will impose liability on all units of local government for cases in which they provide supervision that is wilful and wanton and for cases in which the lack of supervision rises to a wilful and wanton standard as well.

All districts are encouraged to work with their loss control personnel to ensure that their operating practices will assist them in avoiding liability under this new law. We will be monitoring Public Act 90-805 for its impact on Illinois park districts, forest preserves and recreation agencies.

OSLAD GRANTS

Last November, Gov. Jim Edgar announced $18.4 million in grants to help communities pursue more than 100 individual projects to create and improve local park lands and preserve natural areas throughout Illinois.

A total of 103 projects in communities of all sizes will be funded with these grants. Grants target the acquisition of more than 1,500 acres of land, along with 84 development projects with funding for new playground equipment, nature centers, trails, ice skating rinks, swimming pools and fishing ponds.

The state grants come from Open Space Lands Acquisition and Development (OSLAD) funds, earmarked for parks and outdoor recreation projects and administered by the Illinois Department of Natural Resources.

Nearly one-third of the projects are providing recreational opportunities to small, rural communities and 18 of the projects are funding brand new parks, some the only community park in the area.

Nearly $108 million has been awarded for more than 700 local park projects since the OSLAD program was initiated in 1986.

12/ Illinois Parks and Recreation

Maximum grant awards are $400,000 for acquisitions and $200,000 for developments. To qualify, agencies must show need, the project's ability to address regional and statewide recreation priorities, a record of maintaining other facilities and the ability to carry out the new project.

Interested in applying for grants for the coming year? See "Grants Outlook 1999" on pages 30a-30d for deadlines.

Batavia Park District

$200,000 to develop 23 acres, including ballfields, a dual purpose court for basketball and in-line skating, shelters, creek habitat restoration, interpretive paths and signage, and parking facilities.

Blue Island Park District

$64,000 to develop two areas within Hart Park to include in-line skating courts, a playground, a shelter, walking path, restroom improvements, and landscaping.

Buffalo Grove Park District

$1 32,000 to develop an 8.7-acre neighborhood park including a shelter, sand volleyball, a baseball field, soccer field, a playground, a basketball court, exercise and bike paths and landscaping.

Carol Stream Park District

$200,000 to develop a new 32-acre park site including baseball fields, in-line hockey courts, basketball courts, fishing stations, soccer fields, and a shelter.

Chicago Park District

$200,000 to develop 1.8- acres in Dvorak park, including a football/ soccer field, plaza area, improved drainage, lighting, fencing, walkways and landscaping.

Chicago Paric District

$397,000 to acquire 4.3 acres on the south edge of Clark Park. Future improvements will include a nature trail along the Chicago River.

Clyde Park District

$126,100 to develop the 3.6-acre Warren Park, with a senior citizens' amphitheater area, an in-line ice hockey skating rink, lighting and landscaping.

COOK county, Forest Preserve District of

$400,000 to acquire 15 acres to link the district's Spring Lake Preserve to Beverly Lake.

Cook County, Forest Preserve District of

$200,000 to redevelop the toboggan slide structure and storting house at the Dan Ryan Woods Preserve.

DeKalb County Forest Preserve District

$42,300 to acquire 16 acres adjacent to Merritt Prairie on Keslinger Road in Pierce Township.

Dixon Park District

$91,000 to enhance the 45-acre Page Park, including the removal of invasive non-native plant species, the addition of interpretive trails, the planting of native shrubs and wetland species, the installation of playground equipment , resurfacing of tennis courts, upgrading the roller hockey/in-line skating site and ball fields, and signs.

Elk Grove Park District

$180,000 to redevelop the 8.5-acre Audubon Park, including an inline skating-ice hockey rink, baseball fields, a basketball court, a concession-restroom building, a shelter, lighting, fencing, walking paths, a parking lot, landscaping and renovation of the existing tennis courts.

Forest Park Park District

$200,000 to renovate the 15.9-acre Forest Park to include a football field, soccer field, tennis courts, in-line skating, playgrounds, a senior area with game tables and a boccie ball court and landscaping.

Fox Valley Park District

$400,000 to acquire 13 acres. Future development will include baseball fields, basketball courts, sand volleyball, a playground and a shelter.

Fox Valley Park District

$200,000 to develop 50 acres at Jericho Lake Park and the Robert Stuart Sports Complex, including soccer fields, a playground, a basketball court and in-line skating rink, picnic shelter and a fishing pier.

Freeport Park District

$200,000 to develop 2.1 acres of the 124-acre Krape Park, including a bicycle path and bridge, a pedestrian path, landscaping, a fishing pier, creek bank stabilization, and parking facilities, plus the construction of a picnic shelter and utility service.

Geneva Park District

$81,300 to develop the 1.9-acre Mill Creek Woods, including a shelter, playground, an inline trail, basketball area, interpretive path, signs and landscaping.

Germantown Park District

$44,800 to further develop the 11.9-acre Lake Park, including resurfacing the existing tennis courts into a multi-purpose skating and tennis facility, construction of walking trails, a concession storage area and landscaping.

Golf Maine Park District

$200,000 to construct a play area, a sand volleyball court and ice rink, in-line skating rink, shelter and arbor, ballfields, walkways and landscaping in Dee Park.

Hampshire Park District

$50,000 to develop the 11.7-acre East Park on the eastern edge of the village of Hampshire, including a playground, horseshoe pits, a walking trail and landscaping.

Hickory Hills Park District

$200,000 to develop the 19-acre Prairie View neighborhood park with a picnic shelter, a jogging-walking trail, a parking lot, a playground, lighting, and landscaping.

Hoffman Estates Park District

$200,000 to redevelop the 9-acre Pine Park, including an in-line skating and ice hockey rink, a playground, shelter sand volleyball court, sled hill and bike trail.

Huntley Park District

$400,000 to acquire 35 acres for future development of Deicke West Community Park, which will include a nature center, softball-baseball fields, a parking lot, inline skating rinks and an interpretive trail.

Hasca Park District

$200,000 to reconstruct the existing wading pool area at the community pool complex in the west central area of Itasca on 4.5 acres. Improvements include a new wading pool basin and filtration system, enlarge pool decking, lighting, water umbrellas, benches, bathhouse accessibility, and a pathway to the adjacent nature center.

Kane county Forest Preserve District

$400,000 to acquire 646 acres near the Village of Pingree Grove in Kane County. This site contains important habitat for birds and will include a restored mesic prairie, savannah, marsh and open water.

Kane County Forest Preserve District

$200,000 to develop 8.9 acres including a day camp-interpretive shelter, interpretive trails, fishing pier, a canoe launch, a photo blind, bicycle rest area, habitat restoration in the wetland, and trout pond along the river's edge.

Kankakee Valley Park District

$79,400 to renovate 3.3 acres of Marycrest Park located in northeast Kankakee. Development will include the installation of picnic shelters, baseball fields, basketball courts, playgrounds, landscaping, and hiking-walking trails.

Lake County Forest Preserve District

$400,000 to acquire a 134-acre addition to Singing Hills Forest Preserve near Volo providing the opportunity

January/February 1999 /13

to extend two major trails. The Grand Illinois Trail from Moraine Hills State Park and the West Loop Trail of the forest preserve will provide public access to this site.

Lexington Park District

$200,000 to develop the donated Keller Trust Park site, including a greenway-hiking trail, a conservation pond, a playground, soccer fields, a softball field, and a shelter with restrooms.

Undenhurst Park District

$200,000 to develop the 40-acre Engle Memorial Park, including a jogging path and parking area, band shelf-shelter, amphitheater, senior's area, signs, and landscaping.

Macomb Park District

$50,000 to develop the 100-acre Spring Lake Park with the construction of a floating boat and fishing dock, renovation of existing docks, walkways to docks, and installation of playground equipment.

Markham Park District

$200,000 to develop the 9.2-acre King Park on Park Avenue in Markham, including the replacement of play equipment, construction of a picnic shelter, fencing, horseshoe pits, parking area, basketball court, Baseball field and landscaping.

McHenry County Conservation District

$400,000 to acquire 325 acres adjoining the district's Marengo Ridge Conservation Area, providing walking trails, and wetland and woodland restoration with improved wildlife habitat.

Morton Grove Park District

$200,000 to redevelop the pool located in Oriole Park, including the renovation of the pool and remodeling of the interior of the bathhouse.

Oriand Park, Village of

$200,000 to continue development of the 192-acre Centennial Park adjoining the Forest Preserve District of Cook County's McGinnis Forest Preserve. Development will include the addition of ballfields, an innovative skate park, wetland interpretive center, trail connections, shelters, fencing, and landscaping.

Orland Park, Village of

$400,000 to acquire a 26-acre site located in the southern portion of the Tampier-McGinnis Greenbelt to serve as a connection to the Tampier, McGinnis, Palos, Sag Valley and Tinley Creek Woods Forest Preserves, and to provide a park for neighboring subdivisions.

Oswegoland Park District

$200,000 to develop the 57.2-acre Morgan Creek Prairie-Wetland Greenbelt area south of downtown Oswego. Development will include preserving and enhancing the native wetland and prairie habitats and linking together through interpretive trails.

Palatine Park District

$200,000 to develop a family aquatic center, including a bathhouse, a lap pool, a plunge pool with water slides, water features, sand play areas, lighting and sound system, and an equipment and storage building.

Park Ridge Recreation and Park District

$92,300 to renovate the 17.4-acre Centennial Park, including a new playground equipment, renovation of a soccer field and baseball fields, a walking-jogging path, bocce ball courts and landscaping.

Peoria Park District

$200,000 to renovate the 9-acre Logan Park, including oasketball courts, in-line skating, soccer fields, tennis courts, a new playground, camp shelters, equipment storage area and restrooms.

Pleasant Dale Park District

$75,100 to develop the 9-acre Carriage Way Neighborhood park, including a playground, shelter, walking paths, nature observation areas, fishing stations and landscaping.

Quincy Park District

$152,500 to develop an 11-acre Reservoir Park at 24th Street and Chestnut in Quincy, including the construction of tennis courts, restroom facilities and the installation of lighting.

Roselle Park District

$175,000 to expand recreation amenities at Kemmerling Park, including adding parking, a basketball court, picnic area with shelter, horseshoe courts, sand volleyball, tetherball, and expansion of the existing pool facility with a waterslide, water play features, sand play area, and an expanded deck area.

Savanna Township Park District

$63,300 to improve Old Mill Park, including construction of a picnic shelter, restrooms, nature trail development, interpretive signs, a volleyball court, a playground, fencing, and a parking lot, plus the demolition of an old shelter and safety improvements to the existing ball fields and playground area.

Schaumburg Park District

$181,300 to develop the 4.2-acre Briar Ponte Neighborhood Park, including a playground, a tennis court, mufti-use courts for basketball and in-line hockey, a pathway system, baseball field, soccer field, shelter, landscaping, and interpretive signage along the adjoining wetland boardwalks.

Springfield, City of

$75,000 to develop the 30-acre Ostermeier Prairie Center, including an interpretive path, prairie areas, observation areas, renovation of an existing barn to provide space for orientations, presentations, meetings, and exhibits for the facility and a parking

Springfield Park District

$200,000 to develop a 190-acre park site including a parking lot, picnic shelters, pond construction, tennis courts, baseball and softball fields, soccer fields, winter recreation area, and landscaping, plus an area developed as natural habitat with wetlands, interpretive trails and observation

St. Charles Park District

$180,900 to develop the 23.6-acre Delnor Woods park site, including construction of a playground, a soccer field, parking area, an interpretive shelter and trails, fishing stations and habitat restoration.

Summit Park District

$200,000 to develop a water playground park and renovate an existing play field on 2.5 acres of Summit Community Park.

Tinley Park park District

$200,000 to develop the district's first community park on a 53-acre site, including shelters and restrooms, a soccer field, baseball fields, lighting, signs, and landscaping.

Vernon Hills Park District

$200,000 to redevelop the 10-acre Hartmann Park, including baseball fields, a pedestrian bicycle path, a playground, a picnic shelter, picnic tables, a parking lot and landscaping.

Wards Creek Park District

$189,000 to acquire 8 acres for the development of the Wards Creek Park. Future development will include a baseball field, picnic area, nature trail and signs.

Waukegan Park District

$172,700 to develop the 5.8-acre Hidden Glen Subdivision Park, including a playground, walkways, forestry and wetland habitat enhancement, lighting, fencing and landscaping.

Weshmont Park District

$200,000 to develop the 36-acre Community Park North, including construction of ballfields, a playground and shelter, a jogging-walking path, fitness stations, natural area-wetland restoration, interpretive signs, sled hill and ice skating area, parking lot, and landscaping.

Wheaton Park District

$215,500 to acquire 4.5 acres adjoining the district's existing Lincoln Marsh Natural Area and provide linkages to the Winfield Creek Greenway and the Illinois Prairie Path.

Wheeling Park District

$110,200 to develop the 4.5-acre Denoyer Property Park. Plans are to preserve and commemorate the chimney and foundation of a cabin built in 1835 and to develop an outdoor recreation and education area as well as a neighborhood park.

Winnebago County Forest Preserve District

$343,100 to acquire 170 acres for the Kishwaukee Greenway joining land in Boone County with existing river frontage in Winnebago County. •

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ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

November '98 Referendum Results

Below is a report of select referenda (those affecting park districts and forest preserves) submitted to the voters for the General Election held November 3,1998. The data was obtained from election authorities and jurisdictional canvassing board abstracts. There were a total of 352 referenda proposals appearing in the General Election, 222 passed and 130 failed.

Type #	Proposals	Pass/Fail
Taxes	123	57/66
Bonds	100	77/23
Miscellaneous	109	73/36
Advisory	20	15/5
Total	(352)	(222/130)

Type	#Proposals	Pass/Fail
School	108	80/28
County	33	20/13
Township	32	18/14
City/Village/Town	77	38/39
Park District (PD) Issues	27	10/17
Miscellaneous	8	6/2
Bonds(schools)	76	61/15
Bonds (other).......	24	16/8

County	District	Type	Description	Pass/Fail	Votes Yes/No
Kane ...............	... Bardett PD .............	......... Bonds/Bond Issue......	...... Shall bonds of the Bardett PD in the amount......... of $ 16 million be issued for the purpose of constructing and equipping a community center for the payment of the expenses incident thereto.	PASS	4523/3932
Cook..............	.. Blue Island PD .......	........ Taxes/Education ..........	Increase recreation fund (ax rate by .10%...............	PASS	2001/1705
DuPage ..,...,,.	Clarendon Hills PD	......... Bonds/Acquisition ... or Property	...... Proposition for permission to borrow an amount.... Fail.... not to exceed $4,900 for property and improve- ments thereto. Question for residents as to the acquisition of property (condos or park site).	Fail	1422/1774
Heniy ............	...Colona....................	........ Misc/Form a............... Park District	........ Proposition to form a park district........................	PASS	N/A
Cook.............,	... Community PD ..... ofLaGrange Park	......... Taxes/Corporate ..........	...... Shall Community PD ofLaGrange Park be............ Kail .... authorized to levy and collect an additional tax of not to exceed . 13% for all corporate purposes as provided in Section 5-3 of "The Park District Code"?	Fail	2020/3295
Cook.............,	... DoltonPD ..............	......... Taxes/Corporate..........	...... Increase of .25 for corporate fund. Cost of.............. Fail .... $12.00 a year to homeowner for $70,000 home.	Fail	3144/3408
Kane...............	... Dundee Twp PD ....	......... Taxes/Corporate ..„„....	...... Shall the Dundee PD be authorized to levy ............ Fail .... and collect an additional tax of not to exceed .25% for all corporate purposes as provided in Section 5-3 of "The Park District Code"?	Fail	3444/6469
Cook .............	... Elk Grove PD ..........	........ Taxes/Corporate ..........	..... Shall the Elk Grove PD be authorized to levy ......... PASS and collect an additional tax of .15% (i.e., .0015) for all corporate purposes as provided in Section 5-3 for "The Park District Code"?	PASS	........ 3916/3191
Du Page ..........	... Glen EUynPD.........	......... Taxes/Corporate ..........	...... Shall the Glen Ellyn PD be authorized to levy........ Fail .... and collect an additional tax of not to exceed .20% for all corporate purposes as provided in Section 5-3 of "The Park District Code"?	Fail	4569/7248

January/February 1999 /15

STATEHOUSE INSIDER

County	District	Type	Description	Pass/Fail	Yes/No
Will .	Homer	Misc/Fonn a PD ..	Formation of a park district.....	Fait	2492/4993
Will .	Homer .	Taxes.	Tax Extension Limitation ......	Fail	2665/4291
Will .	Homer Twp PD ...	Taxa	Adopt an open space plan and levy .........$8 million for acquiring 250 acres	PASS ........	4899/3280
McDonough ....	Macomb PD ....	Bonds/Alternate ...	Shall the Macomb PD be permitted to issue..........2.5 million dollars in alternate bonds..	Fail	1196/3346 .:!::
Cook	Maridbam PD ...	Taxes/Corporate	Increase corporate fand tax rate by 15 cents	Fail	1170/1856 ;
Cook	MarkhainPD ...	Taxes/Recreational .	Increase recreation fund tax rate by 17.5 cents ........	Fail	1122/2161
Cook	Marlcham PD ...	Misc/Increase ....	Increase the present debt service limit to $500.000 annually	Fail	1020/2130 !
Cook ...	MaywoodPD ..	Bonds/Swimroing.	Advisory referendum	PASS ........	1545/430 =
Cook	MaywoodPD.	Bonds/Center Ice ..	Advisory referendum	PASS ........	1172/700
Cook	MaywoodPD ...	Miscellaneous...	Advisory referendum.	PASS........	1555/457
Christian,.........	Moweaqua Twp PD .........	Misc/Sell Property.	Advisory referendum.	N/A..........	N/A
Cook	Mt Prospect PD ...	Taxes/Corporate	Shall (he Mt Prospect PD be authorized to levy.......and collect an additional tax of not to exceed .25% for all corporate purposes as provided in Section 5-3 of "The Park District Code"?	Fail	5635/7326
DuPage	Oakbrook Terrace PD ......	Taxes	Tax Extension Limitation.....	Fait	460/574 -
Cook	Prospect Hts PD ..	Taxes/Corporate	Shall the Mt. Prospect PD be authorized to levy and collect an additional tax of not to exceed .25% for all corporate purposes as provided in Section 5-3 of "The Park District Code"?	PASS........	1855/1538 :
Kane .	Sugar Grove PD ..	Additional Tax..	N/A .....	Fail	739/1739
Will.	Tinley Park PD...	Taxes/Corporate	Seeking a .125 cent per $100 value of assessed valuation increase to the park district corporate fund for the development of a community recreation center, a comprehensive community park on property at 171st Street and 80th Avenue, and other capital improvements to existing parks and facilities	Fail	5033/7663
Champaign ......	UAana PD ......	Misc/Annex ......	Annexation referenda which would bring the Yankee Ridge and Birchcrest Subdivisions into the Urbana PD	PASS ........	6129/1680
Champaign ......	Urbana PD ......	Misc/Annex......	Annexation referenda which would bring the Scottswood, Ennis, and MW Busey Subdivisions into the Urbana PD	PASS ........	6163/1688
DuPage	Warrenville PD	Taxes	.13 increase to the corporate fund...........	Fail	1546/2394
Lahe...	WaucondaPD.	Taxes/Corporate	Shall the WaucondaPD be authorized to levy and collect an additional tax of not to exceed. 10% for all corporate purposes as provided in Section 5-3 of "The Park District Code"?	Fail	742/1390

16/ Illinois Parks and Recreation