Cook County Board of Commissioners approves legal fees

By Jenie Mallari-Torres

Feb 19, 2017

Forest Preserve District of Cook County Board of Commissioners met Tuesday, Dec. 13.

To acquire, restore, restock and manage lands for the purpose of protecting and preserving natural communities including, prairies, forests, wetlands, rivers, streams, and all their associated flora and fauna for the purpose of providing educational, leisure and outdoor recreation opportunities for Cook County residents now and in the future.

Forest Preserve District of Cook County Board of Commissioners

Minutes of the Finance Committee

10:00 AM Tuesday, December 13, 2016 Cook County Building, Board Room 118 North Clark Street, Chicago, Illinois

ATTENDANCE

Present: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

PUBLIC TESTIMONY

The registered public speaker was a no show.

16-0490

COMMITTEE MINUTES

Approval of the minutes from the meeting of 11/15/2016

A motion was made by Commissioner Daley, seconded by Commissioner Silvestri, to approve 16-0490. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

16-0473 Presented by: ARNOLD RANDALL, General Superintendent

RECOMMENDATION OF THE FINANCE SUBCOMMITTEE (LITIGATION)

Finance Subcommittee Meeting on Litigation -11/15/2016

The Finance Subcommittee on Litigation met on the above listed date and recommends the following for approval:

Proposed Settlements Approved Fiscal Year 2016 to Present: $393,282.05 Proposed Settlements to Be Approved: $5,500.00

Legal Fees Approved Fiscal Year 2016 to Present: $1,197,473.24 Legal Fees for 11/15/2016 to Be Approved: $123,313.90

A motion was made by Commissioner Silvestri, seconded by Commissioner Moody, to approve 16-0473. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

16-0486 Presented by: ARNOLD RANDALL, General Superintendent

RECOMMENDATION OF THE FINANCE SUBCOMMITTEE (WORKERS’ COMPENSATION) Finance Subcommittee Meeting on Workers’ Compensation -12/13/2016

The Finance Subcommittee on Workers’ Compensation met on the above listed date and recommends the following for approval:

Workers’ Compensation Claims approved Fiscal Year 2016 to present: $78,965.87 Workers’ Compensation Claims to Be Approved: $60,500.00

A motion was made by Commissioner Schneider, seconded by Commissioner Arroyo, to approve 16-0486. The motion carried by the following vote:

BID RECOMMENDATIONS

16-0465 Presented by: ARNOLD RANDALL, General Superintendent

PROPOSED BID RECOMMENDATION

Department: Planning and Development

Request: Authorization for the Forest Preserves District of Cook County (the “Preserves”) to enter into a contract with Rausch Infrastructure, LLC, Chicago, Illinois for the removal and replacement of culvert pipes at the Busse Lake Beisner Road Access site in Elk Grove Village.

Reason: Contract 16-80-55 Busse Lake Beisner Road Culverts. The work includes, but is not limited to, removal and replacement of culvert pipes, and other related work as specified in the plans & specifications. The lowest responsible bidder was awarded a contract of over $150,000.00 in the last twelve months.

Bid Opening Date: 11/16/2016

Bid Results: Firm Base Bid 1. Rausch Infrastructure LLC $48,200.00 2. Norvilla, LLC $111,697.00 3. Pan Oceanic Engineering Co. Inc. $112,480.00

Estimated Fiscal Impact: $48,200.00

Contract Period: One hundred twenty (120) days after issuance of Notice to Proceed.

Account Name/Number: Trail Account, 25-6780, 26-6780, 54-6780, 55-6780, 56-6780 and 09-6780

District(s): 15

Concurrence(s): The vendor has met the Minority and Women Business Enterprise Ordinance provision. The Chief Attorney and Chief Financial Officer have approved this item.

A motion was made by Commissioner Silvestri, seconded by Commissioner Moody, to recommend for approval 16-0465. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

DISBURSEMENTS 16-0462 Presented by: ARNOLD RANDALL, General Superintendent

PROPOSED DISBURSEMENT

Department(s): Planning & Development

Action: Disbursement Approval

Payee: Matthew Paving Inc., Oak Lawn, Illinois

Good(s) or Service(s): Construction Services

Fiscal Impact: $215,753.49

Accounts: Trail Account, 25-6780

Contract Number(s): 16-80-28

District(s): 9, 14 and 15

Summary: Trail Repairs - Poplar Creek and Busse Woods; Parking Lot Repairs - Deer Grove West #4 and River Trail Nature Center

A motion was made by Commissioner Silvestri, seconded by Commissioner Suffredin, to recommend for approval 16-0462. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

16-0480 Presented by: ARNOLD RANDALL, General Superintendent

PROPOSED DISBURSEMENT

Department(s): Finance and Administration

Action: Disbursement Approval

Payee: Department of Commerce and Economic Opportunity (DCEO)

Good(s) or Service(s): The Forest Preserves of Cook County received funding from DCEO for two

Illinois First Grants.

Fiscal Impact: $738,953.00

Accounts: Accrued Accounts Payable, 10-3015 Grant 01-127646 for the period of 10/1/2001 - 9/30/2009 totaling $22,189,740.00 and Grant number 03-121236 for the period of 1/1/2003 - 6/30/2009 totaling $11,096,452.00. This disbursement is to refund $412,034.00 for Grant 01-127646) and $326,909.00 for Grant 03-121236.

Contract Number(s): N/A

District(s): Districtwide

Summary: Refund of Illinois First Grant. Grant Nos. 01-127646 and 03-121236

The Forest Preserves of Cook County received funding from DCEO for two Illinois First Grants; Grant 01-127646 for the period of 10/1/2001 - 9/30/2009 totaling $22,189,740.00 and Grant number 03-121236 for the period of 1/1/2003 - 6/30/2009 totaling 11,096,452. This disbursement is to refund $412,034.00 for Grant 01-127646) and $326,909.00 for Grant 03-121236.

A motion was made by Commissioner Silvestri, seconded by Commissioner Suffredin, to recommend for approval 16-0480. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

16-0482 Presented by: ARNOLD RANDALL, General Superintendent

PROPOSED DISBURSEMENT

Department(s): Planning & Development

Action: Disbursement Approval

Payee: Path Construction, Arlington Heights, Illinois

Good(s) or Service(s): Construction Services

Fiscal Impact: $158,166.32

Accounts: Building Account, 25-6710

Contract Number(s): 13-80-01-G5R2

District(s): 1

Summary: Accessibility Fire Alarm and Life Safety System Upgrades at Various Buildings at the Central Compound

A motion was made by Commissioner Silvestri, seconded by Commissioner Suffredin, to recommend for approval 16-0482. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

AMENDMENTS 16-0388

Sponsored by: TONI PRECKWINKLE, Cook County Board Of Commissioners

PROPOSED ORDINANCE AMENDMENT

PUBLIC UTILITIES

BE IT ORDAINED, by the Cook County Board of Commissioners, that Title 5, Public Utilities, Chapter 2, Franchises, Sections 5-2A-1, 5-2A-2, 5-2A-4, 5-2A-6, 5-2A-9, 5-2B-1, 5-2B-2, 5-2B-4, 5-2B-9 and Appendix A of the Cook County Code is hereby amended as Follows:

5-2A-1: - New Licenses.

Upon receipt of a properly completed license application and a non-refundable one thousand five hundred dollars ($1,000.001,500.00) application fee the Forest Preserve District of Cook County (FPD) will begin initial administrative processing of the application for consideration by appropriate FPD staff. FPD Staff shall then review the application and attached plans to determine the applicable License Review Fee and feasibility of granting the requested license to the applicant. Applications will be reviewed based on, among other things, the potential damage construction or operation of the proposed facilities could have on FPD property, location of the proposed facilities, type of facilities proposed, and number of trees to be impacted. Based on this review the FPD may reject the request outright or may request revisions to the proposed plans that would make the proposal acceptable to the FPD. Under no circumstances will licenses be issued for areas that are dedicated Illinois Nature Preserves, high quality natural areas identified by the FPD and shown on the FPD's GIS system as "license exclusion zones", or areas covered by conservation easements.

Sec. 5-2A-2. Acceptable Application and Plans.

If the submitted (or revised) application and plans are found to be acceptable by the FPD staff, the FPD will draw up a license that, if approved by the Board of Forest Preserve District Commissioners, would grant the licensee authority to locate, operate, and maintain the facilities for which the application and plans were submitted. Said license will include, among other things, the term for which the license will be issued, the fee that the FPD will charge for issuance of the license, any moneys that will be paid for tree mitigation associated with the license, and any charges for "out of pocket" expenses incurred by the FPD to determine whether the license is acceptable. Said license will be forwarded to the applicant for their review and approval before being submitted to the Board of Forest Preserve District Commissioners (Board) for final approval. If the applicant decides to withdraw its application after review of the proposed license or if the Board does not approve the proposed license, the "out of pocket" expenses will still be due and the FPD will bill the applicant for said expenses. If said fees are unpaid, the FPD will accept no further license applications from that applicant. Said applicant can regain its application privileges by paying one hundred (100) percent of the fees owed along with a penalty fee of fifty (50) percent of the original amount owed. If the license is approved by the Board then all fees will be paid to the FPD at or before the time the finalized license is delivered to the Licensee.

Sec. 5-2A-4. License Fee.

In addition to those special fees as may be recommended by District staff, the fee for licenses issued under this Article will be determined by multiplying the acres used by the cost per acre. Acres used will be calculated by multiplying the linear footage shown on the license application (or revised application) by the width required for future maintenance of the facilities. The minimum width will be fifteen (15) feet for all licenses regardless of the facilities installed or location of said facilities. Requests for widths above fifteen (15) feet must include an explanation justifying the need for additional width. The minimum license fee will be five (5) percent of the cost per acre for the current year. Additionally, a Youth Education, Land Acquisition and Restoration (YELAR) Program Fee of five seven and one half (57.5%) percent of the cost per acre, and a License Review Fee, shall be assessed against all licenses issued. Cost per acre, minimum license fee, License Review Fee and YELAR program fee figures can be found in Appendix A at the end of this Article. All fees due will be paid as a lump-sum up-front one-time payment, unless otherwise approved by the Board.

Sec. 5-2A-6. Renewal of Existing Licenses.

Any license previously issued by the FPD that expires while this Article is in force will be renewed at a rate fifty (50) percent lower than that specified for issuance of a new license, unless otherwise approved by the Board based upon District staff recommendations for a license exceeding twenty-five (25) acres and/or when in staff opinion the license can generate additional revenue for the District. The minimum renewal license fee will be five (5) percent of the cost per

acre for the current year. Additionally, a Youth Education, Land Acquisition and Restoration (YELAR) Program Fee of five seven and one half (57.5%) percent of the cost per acre and a License Review Fee shall be assessed against all licenses issued. Cost per acre, minimum license fee, License Review Fee and YELAR program fee figures can be found in Appendix A at the end of this Article. The Licensee must submit a non-refundable license renewal application fee of five hundred dollars ($500.00) to the FPD at least six (6) months prior to the expiration date of said license to confirm its interest in continued operation and maintenance of the facilities for which the license was originally issued. If the applicable license renewal application fee and prior notice of the Licensee's intent to renew is not received by the FPD at least six (6) months prior to the expiration of the existing license, the FPD will mail the Licensee a "Removal Notice" at their last known address notifying the licensee to remove their facilities from FPD property the license will be considered expired and Licensee may be required to remove their facilities from FPD property per the terms of the license. If the Licensee wishes to renew a license for which it has already received a "Removal Notice" expired, the FPD will may allow the renewal, but the fee for the renewal will be based on the formula used to determine the fee for issuance of a new license. All fees due for license renewals will be paid as a lump-sum upfront one-time payment, unless otherwise approved by the Board.

Sec. 5-2A-9. Youth Education, Land Acquisition and Restoration Program Fee (YELAR).

A YELAR Program Fee of five seven and one half (57.5%) percent of the cost per acre shall be assessed for all new and renewal licenses issued. The fee will help support youth education programs including, but not limited to, the Mighty Acorns, and High School Programs, Land Acquisition and Restoration activities. Cost per acre and YELAR program fee figures can be

found in Appendix A at the end of this Article.

Sec. 5-2B-1. New Licenses.

Upon receipt of a properly completed license application and a nonrefundable five hundred dollar ($500.00) application fee the Forest Preserve District of Cook County (FPD) will begin initial administrative processing of the application for consideration by appropriate FPD staff. FPD Staff shall then review the application and attached plans to determine the applicable License Review Fee and feasibility of granting the requested license to the applicant. Applications will be reviewed based on, among other things, the potential damage construction or operation of the proposed facilities could have on FPD property, location of the proposed facilities, type of facilities proposed, and number of trees to be impacted. Based on this review the FPD may reject the request outright or may request revisions to the proposed plans that would make the proposal more acceptable to the FPD. Under no circumstances will licenses be issued for areas that are dedicated Illinois Nature Preserves, high quality natural areas identified by the FPD and shown on the FPD's GIS system as "license exclusion zones", or areas covered by conservation easements.

Sec. 5-2B-2. Acceptable Application and Plans.

If the submitted (or revised) application and plans are found to be acceptable by the FPD staff,

the FPD will draw up a license that, if approved by the Board of Forest Preserve District Commissioners, would grant the licensee authority to locate, operate, and maintain the facilities for which the application and plans were submitted. Said license will include, among other things, the term for which the license will be issued, the fee that the FPD will charge for issuance of the license, any moneys that will be paid for tree mitigation associated with the license, and any charges for "out of pocket" expenses incurred by the FPD to determine whether the license is acceptable. Said license will be forwarded to the applicant for their review and approval before being submitted to the Board of Forest Preserve District Commissioners (Board) for final approval. If the applicant decides to withdraw its application after review of the proposed license or if the Board does not approve the proposed license, the "out of pocket" expenses will still be due and the FPD will bill the applicant for said expenses. If said fees are unpaid, the FPD will accept no further license applications from that applicant. Said applicant can regain its application privileges by paying one hundred (100) percent of the fees owed along with a penalty fee of fifty (50) percent of the original amount owed. If the license is approved by the Board then all fees will be paid to the FPD at or before the time the finalized license is delivered to the Licensee.

Sec. 5-2B-4. License Fee.

Acquisition and Restoration (YELAR) Program Fee of five seven and one half (57.5%) percent of the cost per acre, and a License Review Fee, shall be assessed against all licenses issued. Cost per acre, minimum license fee, License Review Fee and YELAR program fee figures can be found in Appendix A at the end of this Article. All fees due will be paid as a lump-sum up-front one-time payment, unless otherwise approved by the Board.

Sec. 5-2B-9. Youth Education, Land Acquisition and Restoration Program Fee (YELAR).

APPENDIX A. - COST PER ACRE BY YEAR Year Cost Per Acre Minimum License Fee (New and Renewal) YELAR Program Fee 2005 $50,000.00 $2,500.00 $2,500.00 2006 $52,000.00 $2,600.00 $2,600.00

2007 $54,000.00 $2,700.00 $2,700.00 2008 $56,000.00 $2,800.00 $2,800.00 2009 $58,000.00 $2,900.00 $2,900.00 2010 $60.000.00 $3,000.00 $3,000.00 2011 $62,000.00 $3,100.00 $3,100.00 2012 $64,000.00 $3,200.00 $3,200.00 2013 $66,000.00 $3,300.00 $3,300.00 2014 $68,000.00 $3,400.00 $3,400.00

Year Cost Per Acre Minimum License Fee (New and Renewal)YELAR Program Fee Administration Fee 2017 $82,000.00 $4,100.00 $6,150.00 $3,000.00 2018 $84,000.00 $4,200.00 $6,300.00 $3,000.00 2019 $86,000.00 $4,300.00 $6,450.00 $3,000.00 2020 $88,000.00 $4,400.00 $6,600.00 $3,000.00 2021 $90,000.00 $4,500.00 $6,750.00 $3,000.00 2022 $92,000.00 $4,600.00 $6,900.00 $3,000.00 2023 $94,000.00 $4,700.00 $7,050.00 $3,000.00 2024 $96,000.00 $4,800.00 $7,200.00 $3,000.00 2025 $98,000.00 $4,900.00 $7,350.00 $3,000.00 2026 $100,000.00 $5,000.00 $7,500.00 $3,000.00

LICENSE APPLICATION REVIEW FEES

Level One Review $3,000.00 Includes staff review, legal and administrative review, Real Estate Committee and Board consideration,

document preparation and execution Level Two Review Additional Fees License requests that involve the following review factors subject to additional review fees as shown

Outside of existing right of way or utility corridor $1,000.00 Involves Tree Mitigation $1,000.00 Width greater than 15 feet or area over 0.25 acre $1,000.00 Significant modifications to standard license agreement $1,000.00 Significant impact on character or future use of land $1,000.00 Impact on water resources or storm water discharge $1,000.00 Impact on dedicated Nature Preserve or designated Mitigation Area $1,000.00 Additional impacted area over 0.5 acre (per 0.25 acre) $1,000.00

Effective date: This ordinance shall be in effect immediately upon adoption.

A motion was made by Commissioner Silvestri, seconded by Commissioner Sims, to recommend for approval 16-0388. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

16-0453

PROPOSED INTERAGENCY AGREEMENT AMENDMENT

Department(s): Forest Preserve District

Other Part(ies): Chicago Zoological Society

Request: Authorization to amend the Agreement between the Forest Preserve District and the Chicago Zoological Society

Good(s) or Service(s): Brookfield Zoo Admission and Parking Rates

Agreement period: 4/6/1987 until revoked

Fiscal Impact: None

Accounts: N/A

Agreement Number(s): N/A

District(s): 16

Summary: Amends Section 13 of the previously executed agreement between the Chicago Zoological Society (Zoo) and the Forest Preserve District of Cook County (District) for the maintenance and operation of a zoological park on lands of the Forest Preserve District, commonly known as the Brookfield Zoo, to allow for changes in certain admission and parking rates.

Reason: This increase will support the Zoo’s submitted 2017 Budget proposal. On 4/6/1987 an

agreement between the District and the Zoo was presented and approved by this Honorable Board of Commissioners for the continued maintenance and operations of the Brookfield Zoo (Agreement). From time to time, the Agreement has been amended by mutual consent of the District and the Zoo (Parties). The Parties now wish to amend the Agreement to approve an increase in admission and parking fees at the Brookfield Zoo as indicated below.

Section 13 of the Agreement is hereby amended as follows:

"Said Zoological Park shall be open without general admission charge to organized groups of children in attendance at schools in the State of Illinois. The Society may limit the number of any such groups in any given day and may establish other rules and regulations that reasonably ensure public safety, accessibility, and convenience, including but not limited to standards of conduct and supervision. Said Zoological Park shall be free to the public without payment of any general admission fee or gratuity for a period equivalent to 52 days each year. The Society may otherwise charge an admission fee to said Park not exceeding $17.85 $19.85 for each visitor from twelve to sixty-five years of age; and not exceeding $12.50 $14.50 for each visitor ages three to eleven and for each visitor sixty-five years of age or older showing proof of birth date. The Society may charge a parking fee not exceeding $11 $12 per car and $15 per bus. The Society may charge fees not exceeding these limits on a per vehicle basis and may otherwise adjust seasonally and daily to provide for optimal utilization of said Zoological Park. The proceeds of such admission fees and parking fees shall be devoted exclusively to the operation and maintenance of said Zoological Park and the collections therein. Charges may be made at any time pursuant to special services and for admission to special facilities within said Zoological Park for the education, entertainment or convenience of visitors." A motion was made by Commissioner Silvestri, seconded by Commissioner Morrison, to recommend for approval 16-0453. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,

Silvestri, Sims, Suffredin and Tobolski (13)

Absent: Steele, Butler, Gainer and García (4)

16-0344 Presented by: ARNOLD RANDALL, General Superintendent

REPORT

Department: Finance and Administration

Request: Receive and File

Report Title: Corporate Fund Analysis of Revenue and Expense

Report Period: 10/1/2016 - 10/31/2016

Summary: Detailed Fund Analysis of Revenue and Expense Report for October 2016.

A motion was made by Commissioner Silvestri, seconded by Commissioner Boykin, to receive and filed 16-0344. The motion carried by the following vote:

Aye: Goslin, Arroyo, Boykin, Daley, Fritchey, Moody, Moore, Morrison, Schneider,