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PARKS & RECREATION BOARD 2018/05/15 Packet PARKS AND RECREATION BOARD TUESDAY, MAY 15, 2018 6:30PM at MUNICIPAL SERVICES 800 N. FIELD DRIVE LAKE FOREST, ILLINOIS AGENDA I. CALL TO ORDER & ROLL CALL _____ Charlie Kohlmeyer, Chairman _____ Shannon Maguire _____ Rich Adams _____ Paul Best _____ Steve Reimer _____ Nancy Duffy _____ Melanie Walsh _____ William Zordani, Student II. WELCOME TO NEW BOARD MEMBERS- Presented by Charles Kohlmeyer, Chairman III. *APPROVAL OF MINUTES a. Approval of minutes of the April 17, 2018 Parks and Recreation Board Meeting IV. OPPORTUNITY FOR CITIZENS TO ADDRESS THE PARKS AND RECREATION BOARD ON NON-AGENDA ITEMS V. WILDLIFE DISCOVERY CENTER SPOTLIGHT- Presented by Rob Carmichael, Program Manager VI. NSSRA UPDATE- Presented by Sally Swarthout, Director of Parks and Recreation VII. *EVERETT PARK TENNIS COURT RESURFACING- Presented by Chuck Myers, Superintendent of Parks, Forestry and Special Facilities VIII. COMMENTS BY DIRECTOR IX. COMMENTS BY BOARD MEMBERS X. ADJOURNMENT *ACTION ITEMS The City of Lake Forest Parks and Recreation Board Meeting Minutes April 17, 2018 I. Call to Order The Parks and Recreation Board Meeting was called to order by Chairman Charlie Kohlmeyer at 6:30p.m. The following were present: Board Members: Mr. Charlie Kohlmeyer Mr. Paul Best Mr. Paul “Skoo” Walker Ms. Nancy Duffy Ms. Melanie Walsh Ms. Shannon Maguire Staff: Ms. Sally Swarthout, Director of Parks and Recreation Mr. Joe Mobile, Superintendent of Recreation Mr. Aaron Dalzot, Program Manager Mr. Jason Busdeker, Facility Manager Mr. Vince Juarez, Kemper Sports, General Manager Ms. Dani Spann, Administrative Assistant II. Approval of Minutes Meeting minutes of the March 20, 2018 Park & Recreation Board meeting were presented and approved. Board member Best motioned for approval of the minutes and Board member Walker seconded. The minutes were then unanimously approved. III. Resolution of Appreciation for Retiring Member Paul “Skoo” Walker Chariman Kohlmeyer presented Board member Walker with a Resolution of Appreciation for his dedication and service to the Parks and Recreation Board and the community of Lake Forest. IV. Opportunities for the Public to Address the Board on Items not listed on the Agenda No comments V. Lakefront Spotlight Aaron Dalzot, Program Manager gave an overview of the beach and the operations. The beach is open year round with the Lifeguards and boating center scheduled full time starting May 31st through August 19th. He went over the rentable spaces at the beach. Board member Best asked if alcohol was allowed in the rentals and Mr. Dalzot answered alcohol is allowed only in the Cell 3 area. He also touched on some of the ongoing rules and safety preventatives. The boating center is going to expand the summer hours to 9am – 6pm. Program Manager Dalzot introduced Scott Norman, the new sailing instructor. Mr. Norman gave an overview of his sailing background and position with Lake Forest. He touched on the boating programs offered and some accomplishments including several of their opti sailors participating in more travelling throughout Florida and helping to expand the off-season. A vision for the staff this season is to build the current programming and offer more community access and opportunities. Program Manager Dalzot touched on current sailing assets and about the boat storage offerings. This included sailboat compound storage currently housing 25 boats along with small watercraft racks housing 36 small watercrafts. Mr. Dalzot was very excited to talk about the upcoming 2018 community events at the beach. These will start on April 21st with Smelt-O-Rama and continue through October 28th, ending with the Halloween Spectacular. They are offering fitness classes at the beach again this year. Board member Walker asked how many lifeguards we employ. Mr. Dalzot answered he would like to have 20 lifeguards on staff. Discussion followed on the upcoming events calendar. Board member asked about thoughts on allowing dogs at the beach. Director Swarthout answered we will be doing a thorough investigation on this topic to make sure it will be a good fit for us. We will be consulting Lake County Health when considering this and there will be a lot of different research done prior to bringing this back before the Board. VI. Non-Resident Beach Access Aaron Dalzot, Program Manager talked about the non-resident beach access. A study was completed for the last half of the summer last year. Based on the number of non-resident beach users waiting until after 6pm shows a need to adjust the current non-resident hours. Staff has also been asked to look into increasing the non-resident fee. The fee increase will be evaluated and brought before the Board in a discussion as a part of the fee approval process in October 2018. Discussion followed on the current fees and the increased fees of the non-resident users along with the extension of hours. For the entire 2017 season, from May 27 - September 4th 95,632 guests utilized the beach. Director Swarthout mentioned she received an email from a concerned resident regarding the current fees and asked us to look into the raising the fees for the future. Requested Action: Staff requests approval to extend the hours of non-resident beach fee charges from 9:00am – 7:00pm on weekends and holidays. A motion was made by Board member Walker to approve to extend the hours of non-resident beach fee charges from 9:00am – 6:00pm to 9:00am – 7:00pm on weekends and holidays. Board member Maguire seconded. The motion was passed. VII. GO Lake Forest Presentation Jason Busdeker, Facility Manager gave a presentation and a brief background on a new initiative in the county to help communities become more active. This GO initiative was founded by Gurnee Park District and is being implemented currently by 18 other Lake County communities. The objective is for all community partners’ to work together and promote a healthy and active lifestyle throughout Lake Forest. The goal is to create 2-3 community events specifically for GO Lake Forest. They will be promoting the GO Lake Forest at the upcoming annual Lake Forest Day 5k Fun Run. Mr. Busdeker went over the Community Partners. The GO Lake Forest launching event will be a 2-mile community walk on Saturday, May 19th from 9:00am – 11:00am. This will start at the Metra Station, downtown Lake Forest. Board member Best mentioned an additional partnership with Lake Forest/Lake Bluff running club. Board member Duffy inquired about adding adult equipment to some of the playgrounds. VIII.Golf Course Update Vince Juarez, Kemper Sports General Manager, gave an overview of the Golf Course for the last year. Currently, the state of the industry is showing rounds and participation is down. He gave an update on the various things happening around Lake Forest with the closure of Highland Park, the opening of Sunset Valley in August and the unknown future of Lake Bluff. Rounds are currently down; however, the trends are looking positive. Mr. Juarez talked about the demographics and noted the Junior Golfers segment is the fastest growing one in the industry with 2.9 million. The PGA has announced that 600,000 new juniors have started to play golf. He talked about the Junior Discover Golf program at Deerpath Golf Course. They are offering many options for this group of young golfers. They are working on the winter program. Mr. Juarez talked about the financials for FY17 and FY18. The question arose on how they are accomplishing the lower expenses and what is being impacted. Mr. Juarez replied they have reduced operating expenses in addition to payroll by streamlining staff, cross training. Mr. Juarez went over the Rounds Summary (May-September). FY18 we are just at 20,7000 rounds and in FY17 at this time we were at 21,193. Due to the flooding in July, we are 1500 rounds down from FY17. We were very favorable to FY17. The rounds were down but EBITDA was up. Mr. Juarez went over the FY18 financials pre construction and during construction. Pre-construction revenue was budgeted for $340,705 green fees/membership and the actual was $469,515. We are up 13.01% from FY17. EBITDA is up 29.67% from FY18 vs FY17. Post construction revenue decreased about 9.95%. For FY19 we budgeted for $654,900 in green fees/memberships. Total revenues of $1,712,873. Some of the increases we are looking at are the weekend morning green fees and weekend utilization after 10am. Other increases include cart fees and rate increases on clinics. Discussion followed on the FY19 11% revenue increase and how this will be achieved. Mr. Juarez went over the 5-year revenue for FY19-FY23. With construction, the revenue will continue to increase year after year. Revenue growth does represent the closure of Highland Park and Sunset Valley opening in August 2018. We were able to retain several members from Highland Park and several events will be kept at Deerpath. The 5-year EBITDA trend shows a growth over the years with construction. We show a 62% return on investment over a 5-year period. For the FY19 overview, there will be a “ceiling” increase of 5% maximum on weekends and 3% on weekdays. There will be a golf cart and driving range increase as well. The Senior Resident membership fees will remain the same. Some of the items driving the revenue is outings (27 total events), clinics, community events, outside banquets and dynamic pricing. The True Review data report showed an increase in the service rating and showed a tremendous overall rating Net Promoters Score of 70.5. Mr. Juarez concluded with emphasizing on continuing to provide best in class service to Lake Forest community with a first class golf course. Focus will be made on food and beverage growth. With Master Plan projects being completed, they will focus on improving and continuing to grow. Board member Walker asked how Deerpath rates on performance to a public course. Deerpath is in the top 10% of Kemper Sports’ portfolio. Chuck Myers, Superintendent of Parks, Forestry and Cemetery gave an update on the current construction at the Golf Course. The project for drainage was completed last fall with sodding to take place and two holes still needing asphalt. We have made significant progress with the continuous cart path. The bridges needing repair last year are finished. Board member Maguire inquired about our plan in regards to pest management with herbicide/pesticide. Mr. Myers replied we are looking at areas we can convert to natural grasses and reduce chemical use. Kemper Sports has a program called Green to a Tee to help reduce the amount of overall chemical and fertilizer we use. IX.Comments by Director Director Swarthout talked about the exciting upcoming events scheduled in April and May. 1.Smelt-O-Rama – April 21st from sundown to 10:00pm at the Forest Park Beach Pavilion 2.Lake Forest Dance Academy Preschool Recital, Color My World- April 22nd at 11:30am and 1:00pm at Gorton Community Center 3.Family Drive-In Movie Night- April 28th from 4:00pm – 6:00pm at Lake Forest Recreation Center 4.Lake Forest Dance Recital 2018 of Wizard of Oz & In These Shoes- May 5th & 6th at Lake Forest High School Director Swarthout presented the FY2019 Parks and Recreation Board meeting dates. These dates must be approved before they can be posted to the public. A motion was made by Board member Duffy to approve the FY2019 scheduled Parks and Recreation Board meeting dates. Board member Best seconded. The motion was passed. X. Comments by Board Members XI.Adjournment Board member Walsh motioned for adjournment and Board member Best seconded. The meeting was adjourned at 8:09pm. Respectfully Submitted Dani Spann Administrative Assistant SUBJECT: North Suburban Special Recreation Association Facility Acquisition Update PRESENTED BY: Sally Swarthout, Director Parks, Recreation, Forestry (847-810-3942) PURPOSE AND ACTION REQUESTED: Staff will provide information regarding the Facility Acquisition Plan for North Suburban Recreation Association. BACKGROUND/DISCUSSION: North Suburban Special Recreation Association (NSSRA) presented and won approval of the NSSRA Capital and Facility Acquisition Plan to the Park and Recreation Board in 2013 and City Council in 2014. The plan details the existing facility deficiencies, space needs analysis, estimated costs and funding, operations projections, facility benefits and the process to acquire a new facility. An updated plan is attached on pages 10-29 of the packet. NSSRA has identified a space in partnership with the Northbrook Park District for their new facility and is now ready to share the requirements and process for acquiring this building at Techny Prairie Park and Fields. A resolution to ratify NSSRA Board action authorizing a petition to Circuit Court for leave to sell NSSRA property(located at 3105 MacArthur Blvd, Northbrook, IL) no longer needed for park or special recreation purposes was approved by the Park and Recreation Board and City Council in 2014. Next steps include: Partner Agency Boards approve the Finance Intergovernmental Agreement Partner Agency Boards approve Facility Intergovernmental Agreement NSSRA Board approves contract to sell the building at 3105 MacArthur Blvd, Northbrook Partner Agency Boards approve contract to sell current building PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Park and Recreation Board 09/17/2013 Facility Acquisition Plan Approved Park and Recreation Board 08/19/2014 Advisory Approval of Resolution City Council 09/02/2014 Facility Acquisition Plan Approved BUDGET/FISCAL IMPACT: N/A BOARD ACTION: No action required TO: Ron Salski, Chair Jeff Nehila Lisa Sheppard Mike McCarty Liza McElroy Jim Hospodarsky Johnathan Kiwala Sally Swarthout Molly Hamer George Alexoff Kris Ford Steve Wilson John Muno FROM: Craig Culp, Executive Director SUBJECT: NSSRA/Northbrook Park District Facility Partnership Update DATE: April 17, 2018 Please see the attached NSSRA/Northbrook Park District Partnership Update that provides a review of the progress NSSRA has made related to its Capital and Facility Acquisition Plan including the current status of the facility partnership opportunity with Northbrook Park District and the next steps in the process of achieving NSSRA’s goal of securing a permanent location for NSSRA with a partner agency. My request is that you include the attached update as an agenda item at one of your upcoming Board committee or Board meetings. After the meeting with your Board members please report back to the Facility Committee any and all feedback, questions or concerns your Board expressed. Partnership Update NSSRA Capital and Facility Acquisition Plan Goal: To secure the most suitable, permanent location for NSSRA with a partner agency. 1. NSSRA and Northbrook Park District Facility Partnership A. Accomplishes goal of securing suitable, permanent location for NSSRA with a partner agency. B. Addresses all facility and programming needs identified in NSSRA’s Capital and Facility Acquisition Plan including: o Full accessibility o Private meeting space for families and staff o Safe pick up and drop off for participants o Multi-use programming and training space o On site storage o Adequate office space o NSSRA gymnasium (Funded by NSSRA Foundation Capital Campaign) C. Provides an ideal, safe recreation setting centrally located within the 13 partner communities. 2. Financing IGA for NSSRA Facility A. NSSRA will develop a financing IGA that specifically outlines each partner agency contribution to the facility. Plan will be presented to Northbrook Park District on or before November 15, 2018. B. Sources of revenue for the facility are derived from: o NSSRA partner agencies o NSSRA Foundation o NSSRA fund balance o Sale of current NSSRA building 3. Develop Facility IGA between NSSRA and Northbrook Park District A. Construction o Determine construction costs, allocated percentages for NSSRA use and space. o Estimated construction begins as early as August 2019 or by March 2020. B. Operational and Capital Maintenance Costs o NSSRA and Northbrook Park District as partners will share proportionate operational and capital maintenance costs for the facility. C. Shared Use Calendar Process o NSSRA and Northbrook Park District as partners will schedule programmatic and public use of facility. 4. Significant Project Timelines: May – December 2018 May June July Aug Sep Oct Nov Dec 5. NSSRA Requirements to Acquire New Facility (Outlined in Capital and Facility Acquisition Plan) 1. NSSRA staff and Board communicates facility need and shares Capital and Facility Acquisition Plan with partner communities, stakeholders and partner agency Boards. (Completed) 2. NSSRA staff and Board seek most suitable, permanent location for NSSRA. (Completed) 3. Partner agency Boards approve and ratify NSSRA Board’s resolution to petition court to sell the building at 3105 MacArthur Blvd., Northbrook. (Completed) 4. NSSRA Board approves Finance IGA and Facility IGA to acquire new facility. 5. Partner agency Boards approve Finance IGA and Facility IGA to acquire new facility. Executive Director Craig Culp will attend agency Board meetings in September/October. 6. NSSRA Board approves contract to sell building at 3105 MacArthur Blvd., Northbrook. 7. Partner agency Boards approve contract to sell building at 3105 MacArthur Blvd., Northbrook. 6. Significant Milestones Achieved ü NSSRA Board approved NSSRA Capital and Facility Acquisition Plan, February 2013 ü NSSRA Capital and Facility Acquisition Plan approved by partner agencies, Spring 2013 – Spring 2014 ü Partner agencies begin capital contributions, 2014 ü NSSRA Foundation committed to capital support including a gymnasium, December 2016 ü Northbrook Park District presented NSSRA the opportunity to pursue partnership on new Activity Center construction project at Techny Prairie Park and Fields, October 2017 ü NSSRA re-engaged The Alford Group to coordinate capital campaign feasibility study, December 2017 ü NSSRA capital reserve balance: $582,562, January 2018 Questions, feedback, concerns from partner agency Boards Conceptual facility design phase The Alford Group feasibility report due 8/1 to NSSRA Foundation NSSRA Finance Plan development Finance & Facility IGAs to NSSRA Board for approval Finance & Facility IGAs presentation to partner agency boards for approval NSSRA Finance Plan due to Northbrook Park District 11/15 Northbrook Park District decision 12/14 Capital and Facility Acquisition Plan Updated October 2017 Northern Suburban SpecialRecreation Association NSSRA Mission: To enrich the lives of people with disabilities in our partner communities through quality recreation services. Northern Suburban Special Recreation Association (NSSRA) formed in 1970 as the first special recreation association in Illinois and among the first of its kind in the country. NSSRA provides and facilitates recreation programs for over 1,500 children, teens and adults with physical, developmental, emotional or other disabilities. NSSRA has nearly 600 recreation, sport, cultural, social, and leisure offerings available throughout the year, creating new experiences, opportunities for skill development, leisure time, and perhaps most importantly, friendship. NSSRA is an extension of ten park districts, two cities and one village in the northern suburbs of Chicago including the Park Districts of Deerfield, Glencoe, Glenview, Highland Park, Kenilworth, Lake Bluff, Northbrook, Northfield, Wilmette and Winnetka, the cities of Highwood and Lake Forest and the Village of Riverwoods. Funding for NSSRA comes from three sources, including partner agency contributions, program fees and outside support from Northern Suburban Special Recreation Association Foundation (NSSRA Foundation). Contributions from the partner agencies are made proportionately based on community size and collected through a property tax levy issued by each partner. In calendar years 2009 – 2016, NSSRA’s fiscal responsibility has enabled the agency to grow its fund balance while keeping the partner agency contributions in line with the Consumer Price Index (CPI). NSSRA Vision: To be leaders in recreation by providing innovative and exceptional services for people with disabilities. NSSRA Facility Acquisition Plan 3 Introduction Existing Facility Deficiencies Space Needs Analysis Estimated Costs and Funding of New Facility Facility Operations Cost Projections New Facility Benefits Required Process to Acquire New Facility NSSRA 10 Year Capital Plan Estimate Supporting Information Funding Sources for NSSRA NSSRA Fund Balance Performance (2009 - 2016) NSSRA Five Year Operational Budget (2013 - 2017) NSSRA Program Participation (2009 - 2016) Table of Contents 4 5 6 7 11 12 13 13 16 17 18 19 NSSRA Facility Acquisition Plan 4 Introduction In 2010, NSSRA started a strategic planning process that resulted in the NSSRA 2011-2014 Strategic Plan. One of the initiatives of the Strategic Plan is to research and secure the most suitable permanent location for NSSRA. In response to this initiative, NSSRA Board of Directors and staff initiated a study to evaluate the long term viability of the current facility. Extensive deficiencies in the facility prompted a directive from the NSSRA board in the form of a goal, to secure the most suitable permanent location for NSSRA preferably with a partner agency. As a result of this goal, NSSRA staff, Facility Committee and Board of Directors developed this plan for the acquisition of a new NSSRA facility. Throughout the planning process, key considerations included: • NSSRA must address existing and future facility needs.• The plan must be financially conservative and efficient.• The process must provide for partner agency involvement. The recommended plan for the acquisition of a new NSSRA facility is contained in the remainder of this document. Key points include: • Preferably located with one of the 13 partner agencies in the northern suburbs of Chicago.• Address the substantial needs of private meeting space, safety issues, adequate space to conduct business, centralize training and provide some additional space for programming.• Continue NSSRA’s model to secure the majority of programming space in its partner agencies’ facilities.• Review acquisition opportunities as they arise and update overall plan status on an annual basis. This plan has been reviewed and accepted by the NSSRA Board of Directors. The desired outcome for NSSRA is to secure a permanent location preferably with a partner agency that will provide NSSRA with a long term solution that is fully accessible and incorporates private meeting space for families and staff; adequate office space; on site storage; safe pick-up and drop-off for participants; and multi-use programming and training space. In addition, the facility will be in a safe, recreation setting that is centrally located within the 13 partner communities. Most importantly, this new facility will provide a needed location for participants and their families to feel welcome and have a sense of belonging. This facility will promote increased opportunities for participants to socialize, develop skills and engage in new experiences that will allow them to live life to its fullest. NSSRA Facility Acquisition Plan 5 Existing Facility Deficiencies No Private Space for Families and Staff to Interact In order for NSSRA to adequately serve its participants and families, staff must meet with families to discuss detailed information about the participants needs. Often these meetings include sensitive, personal and confidential information. Currently, there is only one main meeting space at the NSSRA facility, which is not a private meeting space. Several of the NSSRA offices have multiple staff occupying them, leaving no room for private group meetings or confidential phone conversations with families. Unsafe Location in an Industrial Park The current NSSRA facility is located deep in an industrial park. During the day and early evening, the roads surrounding the facility are heavily traveled by semi-trucks and industrial vehicles. Later in the evening, the industrial park is desolate and dark, potentially putting staff and participants at risk for a dangerous situation. No Safe Pick Up/Drop Off for Participants Due to the design of the NSSRA parking lot, there is no turnabout drive or designated area for families or NSSRA buses to safely drop-off and pick-up participants. Not Accessible The NSSRA facility is not accessible according to the current Americans with Disabilities Act (ADA) standards. Several of the hallways and doorways are narrow, making it difficult for those with physical disabilities to easily navigate the building. The facility also has two separate doors at the entrance, neither of which is equipped with accessible or automatic entry. Lack of Training and Meeting Space NSSRA trains more than 500 part-time staff annually and provides approximately 125 trainings to full-time and part-time staff throughout the year. NSSRA currently uses Partner Agency facilities to host trainings of 15 staff or more. No Programming Space No recreation programs are held at the NSSRA facility. Due to zoning ordinances, NSSRA is prohibited from conducting these programs on premise. As a result of this ordinance there is also no space suited for recreation programs. Insufficient Amount of Office Space for NSSRA Staff Six full-time staff shares three offices (two per an 80 sq. ft. office). These staff are not able to have conversations on the phone or in person about private, sensitive or confidential disability related subjects. In addition, working in a small office space with another staff is often distracting and full of interruptions which negatively impacts productivity. Lack of Storage Space There is a tremendous lack of storage space at the NSSRA facility resulting in more than $7,000 annually in offsite commercial storage costs. The offsite storage requires numerous hours of lost staff time traveling to and from the storage facility to gather supplies and equipment for programs. No Room for Future Growth There is currently no room for growth of the NSSRA staff with the facility in its current state. All offices are currently occupied and some offices have multiple staff sharing the space. During the summer months, the facility is overfilled with an increased number of summer leadership staff, interns and supplies occupying any open space that is available. Pending Capital Improvements NSSRA moved into its current facility in 2001. Williams Architects conducted an existing conditions report in 2009 that found in excess of $400,000 in capital improvements throughout the facility. NSSRA Facility Acquisition Plan 6 Space Needs Analysis NSSRA staff and Williams Architects identified the space required to address NSSRA’s needs for the future through a space needs analysis. The analysis concluded the need for a 15,000 sq. ft. facility as compared to the current 8,370 sq. ft. facility. The space requirements below represent a baseline of need that any new facility must minimally meet. New Facility (15,000 sq. ft.) Offices (4,000 sq. ft.)Programming/Training (3,300 sq. ft.)Meeting/Conference (3,350 sq. ft.)Common Area/Storage (4,350 sq. ft.) Current Facility (8,370 sq. ft.) Offices (3,124 sq. ft.)Programming/Training (0 sq. ft.)Meeting/Conference (2,023 sq. ft.)Common Area/Storage (3,223 sq. ft.) Space Needs Analysis Details for New Facility Offices (4,000 sq. ft.)• 27 offices for current staff needs, interns and two offices for future expansion Programming/Training (3,300 sq. ft.)• Program/training rooms • Storage area• Program kitchen• Kitchen storage Meeting/Conference (3,350 sq. ft.)• Office work room• Copy room• Staff lunchroom• Conference room 1 (6-8 individuals)• Conference room 2 (10-16 individuals)• Board room (up to 32 individuals)• IT room• Washrooms Common Area/Storage (4,350 sq. ft.)• Vestibule with bus waiting• Lobby• Washrooms: Men, Women, Family• Main storage room • Mechanical rooms• Elevator NSSRA Facility Acquisition Plan 7 Estimated Costs and Funding of New Facility In creating the Capital and Facility Acquisition Plan, NSSRA estimated new facility construction and land acquisition costs of $3,850,000 (without interest). Taking into account a 20 year bond issuance that includes interest costs of $831,531, the total estimated cost for the new facility is $4,681,531. NSSRA’s goal is to have $770,000 of the costs of the new facility supported from outside sources including NSSRA Foundation, grants, and donations through a capital campaign targeting all supporters and users of NSSRA. Partner agencies and NSSRA will fund the remaining costs through partner agency contributions, 20 year bond issuance, NSSRA fund balance allocation and sale of current NSSRA building. The following is a detailed explanation and corresponding tables that demonstrate the estimated costs and funding sources for a new facility for the next 25 years assuming an acquisition date in 2018. Partner Agency Contributions for New Facility: $3,217,531 1. Partner Agency Contributions 2014 – 2018: $616,000 Based on the estimated acquisition date of 2018, the Capital and Facility Acquisition Plan will require partner agencies to contribute $123,200 annually until a new facility is acquired. These funds will be reserved in a capital account to be applied to the purchase of a new facility. 2. 20 Year Bond Issue 2019 – 2038: $2,601,531 On page 9 is the Estimated Debt Service after Call Provision table from Eric Anderson of BMO Capital Markets. This table demonstrates the costs of a 20 year bond issuance by NSSRA for $2,540,000. A call provision is embedded that allows use of funds from the sale of the building and capital funds collected from outside sources to be applied toward the payment of bonds at year eight. Please note the list of assumptions pertaining to the bond issuance. • An estimated all-inclusive interest rate of 3.95% is being used • $2,540,000 is financed • In year eight of the bond issuance, the call provision is utilized with $770,000 going toward bond payoff coming from the sale of the building ($500,000) and the remaining amount of funding from outside sources ($270,000) o The current NSSRA building will be sold after acquisition of the new facility. Proceeds from the sale ($500,000 will be reserved and applied to bonds at call in year eight of bond issuance. o Funds raised after the acquisition of the new facility through a capital campaign and from NSSRA Foundation for the new facility ($270,000) will be applied to bonds at call in year eight of bond issuance. 3. Explanation of Why $2,540,000 of the Facility Cost will be Financed Through a 20 Year Bond Starting in 2019: Initial Estimated Facility Costs (without interest): $3,850,000 Cash Available for Purchase of Facility in 2018*: $1,310,000* Amount Financed Through 20 Year Bond Issuance: $2,540,000 *Source of Funds Available for Purchase in 2018: NSSRA Partner Capital Contribution 2014 – 2018 ($123,200/year x 5 years) $ 616,000 NSSRA Fund Balance Allocation $ 194,000 NSSRA Foundation Capital Donation in 2018 $ 250,000 Private Family Donation in 2018 $ 250,000 Total Cash toward Facility in 2018 $1,310,000 NSSRA Facility Acquisition Plan 8 New Facility Funding Sources FY 2014 - FY 2038 NSSRA Fund Balance Allocation: $194,000 NSSRA will reserve $194,000 from its fund balance into a capital account specifically for the purchase of the new facility. Outside Funding: $770,000 NSSRA’s goal is to have $770,000 of the new facility costs supported from outside sources including NSSRA Foundation, grants and donations from supporters and users of NSSRA. A capital campaign will be conducted for approximately two years from the point at which a new facility is secured until shortly after NSSRA has moved into the new facility. Eric Anderson of BMO Capital Markets provided the bond issue table on page 9 which demonstrates specifically how the $770,000 could be worked into the payment of the new facility over the next 25 years. He suggests in 2018 when the bonds are issued that support collected from outside sources ($500,000 estimated) is used toward the purchase of the new facility. At year eight of the bond issuance the call provision is utilized at which time support collected after the bond issue ($270,000 estimated) go toward bond payoff. Sale of Current Building: $500,000 The current NSSRA building will be sold after acquisition of a new facility. An appraisal report on NSSRA’s building in Northbrook was conducted by Lorenz and Associates that estimated the value of the building at $680,000. Staff is conservatively estimating that $500,000 from the sale of the building will go toward the new facility. Eric Anderson of BMO Capital Markets recommends that $500,000 be applied toward the purchase of the new facility at year eight of the bond issuance at which time the call provision is utilized in the amount of $500,000 going toward bond payoff. Total Estimated Funding for New Facility With interest, the total estimated funding for the new facility is $4,681,531. Partner Agency Contribution $3,217,531 NSSRA Fund Balance Allocation $ 194,000 Outside Funding $ 770,000 Sale of Current Building $ 500,000 $4,681,531 Year Partner Contribution NSSRA Fund Balance Allocation Outside Funding Proceeds from Sale of Building Total Funding Per Year FY 14 123,200$ -$ -$ -$ 123,200$ FY 15 123,200$ -$ -$ -$ 123,200$ FY 16 123,200$ -$ -$ -$ 123,200$ FY 17 123,200$ -$ -$ -$ 123,200$ FY 18 123,200$ 194,000$ 500,000$ -$ 817,200$ FY 19 182,073$ -$ -$ -$ 182,073$ FY 20 185,882$ -$ -$ -$ 185,882$ FY 21 184,482$ -$ -$ -$ 184,482$ FY 22 182,782$ -$ -$ -$ 182,782$ FY 23 185,722$ -$ -$ -$ 185,722$ FY 24 183,296$ -$ -$ -$ 183,296$ FY 25 185,566$ -$ -$ -$ 185,566$ FY 26 182,420$ -$ 270,000$ 500,000$ 952,420$ FY 27 154,023$ -$ -$ -$ 154,023$ FY 28 155,536$ -$ -$ -$ 155,536$ FY 29 156,730$ -$ -$ -$ 156,730$ FY 30 157,541$ -$ -$ -$ 157,541$ FY 31 153,029$ -$ -$ -$ 153,029$ FY 32 158,180$ -$ -$ -$ 158,180$ FY 33 152,602$ -$ -$ -$ 152,602$ FY 34 41,672$ -$ -$ -$ 41,672$ FY 35 -$ -$ -$ -$ -$ FY 36 -$ -$ -$ -$ -$ FY 37 -$ -$ -$ -$ -$ FY 38 -$ -$ -$ -$ -$ Total Funding 3,217,531$ 194,000$ 770,000$ 500,000$ 4,681,531$ NSSRA Facility Acquisition Plan 9Period Annual Debt Ending Principal Coupon Interest Debt Service Service 0.5 years 43,656.95 43,656.95 0 1 yea, 95,000 1.000% 43,415.75 138,415.75 182,072.70 1.5 years 42,940.75 42,940.75 0.00 2 years 100,000 1.400% 42,940.75 142,940.75 185,881.50 Estimated Debt Service After Call Provision and $270,000 Equity Injection Utilized 2.5 years 42,240.75 42,240.75 0.00 3 years 100,000 1.700% 42,240.75 142,240.75 184,481.50 3.5 years 41,390.75 41,390.75 0.00 4 years 100,000 2.060% 41,390.75 141,390.75 182,781.50 4.5 years 40,360.75 40,360.75 0.00 5 years 105,000 2.310% 40,360.75 145,360.75 185,721.50 5.5 years 39,148.00 39,148.00 0.00 6 years 105,000 2.600% 39,148.00 144,148.00 183,296.00 6.5 years 37,783.00 37,783.00 0.00 7 years 110,000 2.860% 37,783.00 147,783.00 185,566.00 7.5 years 36,210.00 36,210.00 0.00 8 years 110,000 3.170% 36,210.00 146,210.00 182,420.00 8.5 years 19,511.25 19,511.25 0.00 9 years 115,000 3.310% 19,511.25 134,511.25 154,022.50 9.5 years 17,767.75 17,767.75 0.00 10 years 120,000 3.490% 17,767.75 137,767.75 155,535.50 10.5 years 15,864.80 15,864.80 0.00 Assuming the call provision is utilized in the amount of $500,000 in the eighth year, and an equity injection of $270,000 is made at the same time, remaining debt service would look as follows in the chart to the right, with a total of $315,414 in interest expense avoided. Note that this amount may be further reduced if the existing building is sold in year five, with such proceeds invested until the call provision is triggered in year eight. 11 years 125,000 3.610% 15,864.80 140,864.80 156,729.60 11.5 years 13,770.50 13,770.50 0.00 12 years 130,000 3.730% 13,770.50 143,770.50 157,541.00 12.5 years 11,514.25 11,514.25 0.00 13 years 130,000 3.850% 11,514.25 141,514.25 153,028.50 13.5 years 9,089.75 9,089.75 0.00 14 years 140,000 3.980% 9,089.75 149,089.75 158,179.50 14.5 years 3,801.00 3,801.00 0.00 15 years 145,000 4.090% 3,801.00 148,801.00 152,602.00 15.5 years 836.00 836.00 0.00 16 years 40,000 4.180% 836.00 40,836.00 41,672.00 16.5 years 0.00 0.00 0.00 17 years 4.240% 0.00 0.00 0.00 17.5 years 0.00 0.00 0.00 18 years 4.320% 0.00 0.00 0.00 18.5 years 0.00 0.00 0.00 The final five maturities are affected by the call provision, reducing interest expense in years 8.5 through year 20, and principal amounts from year 16 through year 20. 19 years 4.400% 0.00 0.00 0.00 19.5 years 0.00 0.00 0.00 20 years 4.450% 0.00 0.00 0.00 1,770,000 0 831,531 2,601,531 2,601,531 BMO e Capital Markets NSSRA Facility Acquisition Plan 10NSSRA Partner Funding for New FacilityYearNew Facility CostCity of HighwoodDeerfield Park DistrictGlencoe Park DistrictGlenview Park DistrictKenilworth Park DistrictLake Bluff Park DistrictLake Forest Recreation DeptNorthbrook Park DistrictNorthfield Park DistrictPark District of Highland ParkVillage of RiverwoodsWilmette Park DistrictWinnetka Park DistrictTotal Per YearFY 14123,200$ 1,956$ 9,331$ 5,541$ 24,946$ 1,713$ 4,145$ 13,934$ 18,103$ 3,138$ 16,104$ 2,160$ 13,637$ 8,491$ 123,200$ FY 15123,200$ 1,982$ 9,469$ 5,437$ 24,555$ 1,721$ 4,171$ 14,241$ 17,908$ 3,070$ 16,441$ 2,211$ 13,524$ 8,469$ 123,200$ FY 16123,200$ 1,922$ 9,363$ 5,482$ 25,010$ 1,725$ 4,189$ 13,872$ 18,234$ 3,031$ 15,917$ 2,168$ 13,724$ 8,562$ 123,200$ FY 17123,200$ 1,922$ 9,363$ 5,482$ 25,010$ 1,725$ 4,189$ 13,872$ 18,234$ 3,031$ 15,917$ 2,168$ 13,724$ 8,562$ 123,200$ FY 18123,200$ 1,922$ 9,363$ 5,482$ 25,010$ 1,725$ 4,189$ 13,872$ 18,234$ 3,031$ 15,917$ 2,168$ 13,724$ 8,562$ 123,200$ FY 19182,073$ 2,840$ 13,838$ 8,102$ 36,961$ 2,549$ 6,190$ 20,501$ 26,947$ 4,479$ 23,524$ 3,204$ 20,283$ 12,654$ 182,073$ FY 20185,882$ 2,900$ 14,127$ 8,272$ 37,734$ 2,602$ 6,320$ 20,930$ 27,510$ 4,573$ 24,016$ 3,272$ 20,707$ 12,919$ 185,882$ FY 21184,482$ 2,878$ 14,021$ 8,209$ 37,450$ 2,583$ 6,272$ 20,773$ 27,303$ 4,538$ 23,835$ 3,247$ 20,551$ 12,821$ 184,482$ FY 22182,782$ 2,851$ 13,891$ 8,134$ 37,105$ 2,559$ 6,215$ 20,581$ 27,052$ 4,496$ 23,615$ 3,217$ 20,362$ 12,703$ 182,782$ FY 23185,722$ 2,897$ 14,115$ 8,265$ 37,701$ 2,600$ 6,315$ 20,912$ 27,487$ 4,569$ 23,995$ 3,269$ 20,689$ 12,908$ 185,722$ FY 24183,296$ 2,859$ 13,930$ 8,157$ 37,209$ 2,566$ 6,232$ 20,639$ 27,128$ 4,509$ 23,682$ 3,226$ 20,419$ 12,739$ 183,296$ FY 25185,566$ 2,895$ 14,103$ 8,258$ 37,670$ 2,598$ 6,309$ 20,895$ 27,464$ 4,565$ 23,975$ 3,266$ 20,672$ 12,897$ 185,566$ FY 26182,420$ 2,846$ 13,864$ 8,118$ 37,031$ 2,554$ 6,202$ 20,540$ 26,998$ 4,488$ 23,569$ 3,211$ 20,322$ 12,678$ 182,420$ FY 27154,023$ 2,403$ 11,706$ 6,854$ 31,267$ 2,156$ 5,237$ 17,343$ 22,795$ 3,789$ 19,900$ 2,711$ 17,158$ 10,705$ 154,023$ FY 28155,536$ 2,426$ 11,821$ 6,921$ 31,574$ 2,177$ 5,288$ 17,513$ 23,019$ 3,826$ 20,095$ 2,737$ 17,327$ 10,810$ 155,536$ FY 29156,730$ 2,445$ 11,911$ 6,974$ 31,816$ 2,194$ 5,329$ 17,648$ 23,196$ 3,856$ 20,249$ 2,758$ 17,460$ 10,893$ 156,730$ FY 30157,541$ 2,458$ 11,973$ 7,011$ 31,981$ 2,206$ 5,356$ 17,739$ 23,316$ 3,876$ 20,354$ 2,773$ 17,550$ 10,949$ 157,541$ FY 31153,029$ 2,387$ 11,630$ 6,810$ 31,065$ 2,142$ 5,203$ 17,231$ 22,648$ 3,765$ 19,771$ 2,693$ 17,047$ 10,635$ 153,029$ FY 32158,180$ 2,468$ 12,022$ 7,039$ 32,110$ 2,215$ 5,378$ 17,811$ 23,411$ 3,891$ 20,437$ 2,784$ 17,621$ 10,993$ 158,180$ FY 33152,602$ 2,381$ 11,598$ 6,791$ 30,978$ 2,136$ 5,188$ 17,183$ 22,585$ 3,754$ 19,716$ 2,686$ 17,000$ 10,606$ 152,602$ FY 3441,672$ 650$ 3,167$ 1,854$ 8,459$ 583$ 1,417$ 4,692$ 6,167$ 1,025$ 5,384$ 733$ 4,642$ 2,896$ 41,672$ FY 35-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ FY 36-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ FY 37-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ FY 38-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Partner Total3,217,531$ 50,288$ 244,607$ 143,193$ 652,641$ 45,031$ 109,334$ 362,725$ 475,738$ 79,297$ 416,416$ 56,663$ 358,145$ 223,454$ 3,217,531$ NSSRA Facility Acquisition Plan 11 Facility Operations Cost Projections In the past eight years, NSSRA has incurred an average of $52,000 in annual building operation costs for the 8,370 sq. ft. facility. Operation costs for the new facility are conservatively estimated at approximately $55,000 per year. Assumptions • 45% increase in space• New facility will be more efficient• Decrease in repairs/maintenance Annual Cost Estimates • Utilities $20,082 • Operations $35,300 • Repairs/maintenance $10,000 • Cleaning service $15,500 • Trash/alarm/landscaping $ 9,800 *Utilities: Electric, water, gas**Operations: Waste removal, cleaning service, landscaping, repairs/maintenance, fire/alarm ` Current Facility New Facility 2009 2010 2011 2012 2013 2014 2015 2016 Future Estimate Utilities* 8,862 14,125 12,945 14,910 11,534 14,365 12,809 11,478 20,082 Operations** 31,351 37,200 33,179 30,821 45,755 42,719 55,078 39,325 35,300 Total $40,213 $51,325 $46,124 $45,731 $57,289 $57,084 $67,887 $50,803 $55,382 NSSRA Facility Acquisition Plan 12 New Facility Benefits Meeting Rooms Access to three private meeting rooms in the new building as described in the plan will dramatically affect the manner in which NSSRA is able to conduct its business. Families and participants will be able to discuss private and sometimes difficult information with staff in a private, comfortable meeting room without interruption. These sensitive and confidential meetings typically occur when a family first becomes involved with NSSRA or when behavioral issues arise. This addition provides space to deliver the professional level of services that families and participants expect from NSSRA. Meeting rooms will enhance staff’s ability to accomplish goals by using them regularly to meet with other NSSRA staff, partner agency staff and other community providers. Programming/Training Space The addition of accessible multi-purpose training/programming space and a teaching kitchen in the NSSRA building will improve NSSRA’s all around service delivery. The training space will allow NSSRA to centralize its training sessions, adding efficiency to this critical operation. The dedicated space will provide contingency programming space when unforeseen circumstances at a scheduled facility results in program cancellation. In addition, this dedicated space will allow ongoing programs to be scheduled at the new facility, but will not detract from NSSRA’s need to primarily program in its partner agency facilities throughout the northern suburbs of Chicago. Safety Providing a drop-off and pick-up area that is not part of the traffic pattern will eliminate a huge safety concern that exists at the current NSSRA building. Locating with a partner agency’s facility will ensure that NSSRA is in a recreation setting as opposed to an industrial park. Families, participants and staff will be safer when picking up and dropping off after hours; as partner agency facilities are commonly open into the evening. Office Space Adequate office space for the NSSRA staff will ensure more efficient operations. Each NSSRA staff having their own office will eliminate the distractions of others in the office on the phone or preparing for programs. Adequate office space will also allow staff the flexibility to meet with families without having to find suitable meeting space or to ask their officemate to relocate. Ideally, office space located on one level will promote staff cohesiveness and improve morale. Storage On site storage in a new facility will save staff time and financial resources. Staff will no longer have to plan trips to and from an offsite storage unit to pick up or drop off supplies needed for programs and events. Giving this time back to staff will allow them the ability to use the time to focus more on quality programming and building family and staff relationships. Having on site storage will also eliminate the additional cost that NSSRA currently incurs to have two offsite storage units year round. New Home with Partner Agency Locating the NSSRA facility preferably with a Partner Agency, in a park setting and with programmable space, establishes an NSSRA home for participants and families for many years to come. This facility creates a safe place where participants and families can join together with their friends and neighbors to share in times of joy while building lifelong relationships and unforgettable memories. NSSRA Facility Acquisition Plan 13 Required Process to Acquire a New Facility Coordinating each step in the process of acquiring a new facility and selling the existing facility along with communicating the information contained within this Facility Acquisition Plan to 13 partner agencies is a complex process. It is imperative that the NSSRA Board, staff, and Partner Agency Boards act in a timely fashion to keep the process moving toward successful accomplishment of the goal. Below are specific steps, as required by NSSRA’s Articles of Agreement, for the NSSRA Board of Directors and Partner Agency Boards to accomplish this goal. 1. NSSRA staff and Board communicates need and Capital and Facility Acquisition Plan with partner communities, stakeholders and Partner Agency Boards.2. NSSRA staff and Board seek out most suitable permanent location for NSSRA.3. Partner Agency Boards approve and ratify NSSRA Board’s resolution to petition court to sell the building at 3105 MacArthur Blvd., Northbrook.4. NSSRA Board approve contract to acquire new facility. 5. Partner Agency Boards approve contract to acquire new facility.6. NSSRA Board approves contract to sell the building at 3105 MacArthur Blvd., Northbrook.7. Partner Agency Boards approves contract to sell the building at 3105 MacArthur Blvd., Northbrook. NSSRA 10 Year Capital Plan Estimate As a cooperative agency, NSSRA operates all of its programs in partner agency facilities. As a result, NSSRA only has three areas of capital expenses including vehicles, technology and facility. Northern Suburban Special Recreation Association Foundation (NSSRA Foundation) has committed to funding the purchase of NSSRA’s program vehicles from 2013 - 2023 at an estimated cost of over $553,00. A smaller portion of the capital expenses are NSSRA’s technology costs that total $139,000 over 10 years and the current facility costs which include improvements to the existing building and are estimated at $11,000. On page 14 is a summary table of the total estimated NSSRA capital costs from 2014 - 2024. NSSRA’s Capital Plan will be reviewed and approved by NSSRA’s Board on an annual basis. NSSRA Facility Acquisition Plan 142014-2016 (Actual), 2017 (Budgeted), 2018-2024 (Projected)10 Year SummaryYearCity of HighwoodDeerfield Park DistrictGlencoe Park DistrictGlenview Park DistrictKenilworth Park DistrictLake Bluff Park DistrictLake Forest Recreation DeptNorthbrook Park DistrictNorthfield Park DistrictPark District of Highland ParkVillage of RiverwoodsWilmette Park DistrictWinnetka Park DistrictTotal Per Year20141,956$ 9,331$ 5,541$ 24,946$ 1,713$ 4,145$ 13,934$ 18,103$ 3,138$ 16,104$ 2,160$ 13,637$ 8,491$ 123,200$ 20152,304$ 11,007$ 6,319$ 28,541$ 2,001$ 4,848$ 16,553$ 20,815$ 3,568$ 19,110$ 2,570$ 15,719$ 9,844$ 143,200$ 20162,718$ 13,239$ 7,752$ 35,363$ 2,439$ 5,923$ 19,615$ 25,782$ 4,285$ 22,507$ 3,066$ 19,406$ 12,107$ 174,200$ 20172,094$ 10,199$ 5,972$ 27,243$ 1,879$ 4,563$ 15,111$ 19,862$ 3,301$ 17,339$ 2,362$ 14,950$ 9,327$ 134,200$ 20182,000$ 9,743$ 5,705$ 26,025$ 1,795$ 4,359$ 14,435$ 18,974$ 3,154$ 16,563$ 2,256$ 14,281$ 8,910$ 128,200$ 20192,918$ 14,218$ 8,325$ 37,976$ 2,619$ 6,360$ 21,064$ 27,687$ 4,602$ 24,170$ 3,292$ 20,840$ 13,002$ 187,073$ 20203,368$ 16,407$ 9,607$ 43,824$ 3,022$ 7,340$ 24,308$ 31,950$ 5,311$ 27,892$ 3,800$ 24,049$ 15,004$ 215,882$ 20213,580$ 17,441$ 10,212$ 46,585$ 3,213$ 7,802$ 25,840$ 33,963$ 5,645$ 29,649$ 4,039$ 25,564$ 15,949$ 229,482$ 20222,992$ 14,575$ 8,534$ 38,932$ 2,685$ 6,521$ 21,595$ 28,384$ 4,718$ 24,778$ 3,375$ 21,364$ 13,329$ 191,782$ 20232,975$ 14,495$ 8,487$ 38,716$ 2,670$ 6,485$ 21,475$ 28,227$ 4,692$ 24,641$ 3,357$ 21,246$ 13,255$ 190,722$ 20242,937$ 14,310$ 8,379$ 38,224$ 2,636$ 6,402$ 21,202$ 27,868$ 4,632$ 24,328$ 3,314$ 20,976$ 13,087$ 188,296$ Partner Total29,841$ 144,965$ 84,833$ 386,374$ 26,672$ 64,747$ 215,133$ 281,614$ 47,046$ 247,081$ 33,591$ 212,034$ 132,303$ 1,906,235$ YearTechnologyVehiclesCurrent FacilityNew FacilityTotal Capital Expenses to be Funded2014-$ -$ -$ 123,200$ $ 123,200 2015-$ 20,000$ -$ 123,200$ $ 143,200 201651,000$ -$ -$ 123,200$ $ 174,200 2017-$ -$ 11,000$ 123,200$ $ 134,200 20185,000$ -$ -$ 123,200$ $ 128,200 20195,000$ -$ -$ 182,073$ $ 187,073 20205,000$ 25,000$ -$ 185,882$ $ 215,882 202145,000$ -$ -$ 184,482$ $ 229,482 20229,000$ -$ -$ 182,782$ $ 191,782 20235,000$ -$ -$ 185,722$ $ 190,722 20245,000$ -$ -$ 183,296$ $ 188,296 Partner Total130,000$ 45,000$ 11,000$ 1,720,235$ 1,906,235$ NSSRA Facility Acquisition Plan 15 Supporting Information Capital and Facility Acquisition Plan NSSRA Facility Acquisition Plan 16 Funding Sources for NSSRA Funding for NSSRA comes from three sources: Partner agency contributions, program fees and outside support from Northern Suburban Special Recreation Association Foundation (NSSRA Foundation), grants and donations. Contributions from the partner agencies comes from property taxes collected through a tax levy issued by each partner. The Illinois Park District Code and corresponding Municipal Code’s section 5-8 (special recreation levy) enables each partner to assess up to $.04 per $100 of Equalized Assessed Valuation (EAV) specifically for special recreation services. This levy is exempt from the tax cap and is only accessible to agencies that are partners in a Special Recreation Association. NSSRA’s current levy averaged for all 13 partners is 1.7 cents. NSSRA’s philosophy is to offer the same type of recreation experiences for people with disabilities as those available through our partner agency park district and recreation departments. NSSRA is committed to offer these programs and services at the same or similar fee as our partner agencies. However, the average NSSRA program is staffed at a 3:1 ratio with many programs at or near a 1:1 ratio based on ADA requirements, participant need, safety and quality programming. Supplies and special equipment also inflate NSSRA program expenses. Consequently, NSSRA program expenses are higher than partner agency expenses for the similar programs. Because NSSRA is committed to keeping participation fees in line with partner agencies, NSSRA program fees only account for about 20% of total annual revenue. Actual % of Revenue Actual % of Revenue Actual % of Revenue Actual % of Revenue Actual % of Revenue Revenue Partner Agency Contribution 2,510,399$ 77.09%2,533,835$ 78.12%2,563,247$ 75.54%2,585,256$ 72.25%2,587,903$ 72.72% Program Fees 667,739$ 20.51%672,393$ 20.73%718,536$ 21.18%856,304$ 23.93%805,177$ 22.63% Outside Funding 78,263$ 2.40%37,202$ 1.15%111,511$ 3.29%136,692$ 3.82%165,576$ 4.65% Total Revenue 3,256,401$ 100%3,243,431$ 100%3,393,294$ 100%3,578,253$ 100%3,558,655$ 100% 2009 2010 2011 2012 2013 Actual % of Revenue Actual % of Revenue Actual % of Revenue Actual % of Revenue 2,587,903$ 72.72%2,716,063$ 76.88%2,776,818$ 76.97%2,771,979$ 81.78% 805,177$ 22.63%705,685$ 19.98%716,986$ 19.88%561,027$ 16.55% 165,576$ 4.65%111,004$ 3.14%113,627$ 3.15%56,736$ 1.67% 3,558,655$ 100%3,532,752$ 100%3,607,431$ 100%3,389,743$ 100% 2014 2015 20162013 NSSRA Facility Acquisition Plan 17 NSSRA Fund Balance Performance (2009 - 2016) As the budget performance and fund balance history shows, NSSRA has been financially responsible in this difficult economy. There are two major reasons for the demonstrated success in the budget and the increase in the fund balance. First, NSSRA was understaffed for most of 2009 – 2010 which created a substantial reduction in expenses. More importantly, since 2009, the staff has a renewed focus on budget execution by continually monitoring the budget to be as efficient and fiscally conservative as possible. Although NSSRA’s budget has not grown dramatically since 2009, NSSRA staff has been successful in outperforming the budget resulting in actual expenses being less than budgeted expenses each year. Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Revenue 3,254,527$ 3,256,401$ 3,411,756$ 3,243,431$ 3,460,278$ 3,393,294$ 3,518,957$ 3,578,253$ 3,706,194$ 3,558,655$ 3,594,665$ 3,532,752$ 3,614,260$ 3,607,431$ 3,442,513$ 3,389,743$ Expense 3,252,618$ 3,078,552$ 3,398,071$ 3,141,570$ 3,621,864$ 3,397,261$ 3,526,976$ 3,493,182$ 3,734,985$ 3,483,681$ 3,588,443$ 3,517,474$ 3,647,586$ 3,576,947$ 3,445,425$ 3,348,360$ Revenue Less Expense 1,909$ 177,850$ 13,685$ 101,861$ (161,586)$ (3,967)$ (8,019)$ 85,071$ (28,791)$ 74,974$ 6,222$ 15,278$ (33,326)$ 30,484$ (2,912)$ 41,383$ 20162015201420092010201120122013 Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Revenue 3,254,527$ 3,256,401$ 3,411,756$ 3,243,431$ 3,460,278$ 3,393,294$ 3,518,957$ 3,578,253$ 3,706,194$ 3,558,655$ 3,594,665$ 3,532,752$ 3,614,260$ 3,607,431$ 3,442,513$ 3,389,743$ Expense 3,252,618$ 3,078,552$ 3,398,071$ 3,141,570$ 3,621,864$ 3,397,261$ 3,526,976$ 3,493,182$ 3,734,985$ 3,483,681$ 3,588,443$ 3,517,474$ 3,647,586$ 3,576,947$ 3,445,425$ 3,348,360$ Revenue Less Expense 1,909$ 177,850$ 13,685$ 101,861$ (161,586)$ (3,967)$ (8,019)$ 85,071$ (28,791)$ 74,974$ 6,222$ 15,278$ (33,326)$ 30,484$ (2,912)$ 41,383$ 20162015201420092010201120122013 BudgetActualBudget ActualBudget Actual Budget Actual Budget Actual Budget Actual Budget Actual Budget Actual Revenue3,254,527$ 3,256,401$ 3,411,756$ 3,243,431$ 3,460,278$ 3,393,294$ 3,518,957$ 3,578,253$ 3,706,194$ 3,558,655$ 3,594,665$ 3,532,752$ 3,614,260$ 3,607,431$ 3,442,513$ 3,389,743$ Expense3,252,618$ 3,078,552$ 3,398,071$ 3,141,570$ 3,621,864$ 3,397,261$ 3,526,976$ 3,493,182$ 3,734,985$ 3,483,681$ 3,588,443$ 3,517,474$ 3,647,586$ 3,576,947$ 3,445,425$ 3,348,360$ Revenue Less Expense1,909$ 177,850$ 13,685$ 101,861$ (161,586)$ (3,967)$ (8,019)$ 85,071$ (28,791)$ 74,974$ 6,222$ 15,278$ (33,326)$ 30,484$ (2,912)$ 41,383$ 20162015201420092010201120122013 2009 2010 2011 2012 2013 2014 2015 2016 Beginning Fund Balance 167,459$ 345,309$ 447,170$ 443,203$ 528,274$ 603,248$ 492,526$ 523,010$ Change in Fund Balance 177,850$ 101,861$ (3,967)$ 85,071$ 74,974$ 15,278$ 30,484$ 41,383$ Disbursement from General Fund -$ -$ -$ -$ -$ 126,000$ -$ -$ Ending Fund Balance 345,309$ 447,170$ 443,203$ 528,274$ 603,248$ 492,526$ 523,010$ 564,393$ General Fund Continue on next page. Budget Expense vs Actual Expense General Fund NSSRA Facility Acquisition Plan 18 NSSRA Fund Balance Performance (2009 - 2016) Cont. 2014 2015 2016 Beginning Fund Balance -$ 223,200$ 346,581$ Partner Capital Contribution 123,200$ 143,200$ 174,200$ NSSRA Contributions 100,000$ -$ -$ Disbursements -$ 19,819$ 58,934$ Ending Balance 223,200$ 346,581$ 461,847$ Capital Reserve Fund 2014 2015 2016 Beginning Fund Balance -$ 26,000$ 26,000$ Contributions -$ -$ -$ NSSRA Contributions 26,000$ -$ -$ Disbursements -$ -$ -$ Ending Balance 26,000$ 26,000$ 26,000$ NSSRA Restricted Fund (Foundation Capital Campaign) General Fund Balance Capital Reserve Fund NSSRA Restricted Fund (Foundation Capital Campaign) NSSRA Facility Acquisition Plan 19 The following table documents the financial performance for NSSRA’s operations from 2013 - 2016 and budget projections for 2017. NSSRA’s budget is evaluated on an annual basis by the NSSRA Board of Directors. NSSRA Five Year Operational Budget (2013 - 2017) NSSRA FIVE YEAR OPERATIONAL BUDGET 2013 (Actual)2014 (Actual)2015 (Actual)2016 (Actual)2017 (Budget)* Revenue Partner Agency Contribution $ 2,587,903 $ 2,716,063 $ 2,776,818 $ 2,771,979 $ 2,859,856 Grants 151,003 103,523 103,000 47,517 60,000 Fees 805,177 705,685 716,986 561,027 572,053 Other Revenue 14,572 7,481 10,627 9,220 9,155 Total Revenue $ 3,558,655 $ 3,532,752 $ 3,607,431 $ 3,389,743 $ 3,501,064 Expense Personnel & Benefits $ 2,460,883 $ 2,554,137 $ 2,613,279 $ 2,666,680 $ 2,843,184 Services 692,726 704,098 708,241 518,807 565,665 Commodities 138,520 134,428 134,162 112,070 127,561 Building - Operating 57,289 57,084 67,887 50,803 52,715 Capital - Operating 134,263 67,727 53,378 0 0 Total Operating Expense $ 3,483,681 $ 3,517,474 $ 3,576,947 $ 3,348,360 $ 3,589,125 Net Surplus (Deficit)$ 74,974 $ 15,278 $ 30,484 $ 41,383 $ (88,061) *2017 budgeted amounts as approved by NSSRA Board of Directors NSSRA Facility Acquisition Plan 20 NSSRA Program Participation (2009 - 2016) SUBJECT: Approval of Contract for Everett Park Tennis Court Resurfacing PRESENTED BY: Chuck Myers, Superintendent of Parks & Forestry, 810-3565 PURPOSE AND ACTION REQUESTED: Staff is seeking approval to enter into a contract with American Seal Coating of Indiana for resurfacing tennis courts at Everett Park. BACKGROUND/DISCUSSION: On April 12, 2018, City staff performed a bid opening for the resurfacing of the five (5) tennis courts at Everett Park. These courts are heavily used by residents and the courts at Everett are also used by students at the adjacent Middle School. The courts are showing signs of normal aging due to weather effects, water pooling and frequent use. The repair and resurfacing process will include power washing all courts, filling smaller cracks with crack filler or larger cracks (greater than 0.5 inches) with Armor Crack patching material, grinding of surface to level, filling all low spots that hold water, and multiple applications of acrylic court surfacing filler and color coating surfacing compound. BUDGET/FISCAL IMPACT: Funding for the Everett Park tennis court repairs is budgeted in the FY2018 CIP (Parks & Public Land Fund). Staff received six (6) bids for the tennis court repairs as detailed below. Competitive pricing has been obtained for proposed for these services and results are listed below. If this contract is awarded, the work will be completed by August 10, 2018. Company Name Dollar Amount Bid 10-S Court Solutions $21,990 American Seal Coating of Indiana $30,200 First Impression $30,900 MTJ Sports $30,920 U.S. Tennis Court $38,700 Pro Track and Tennis $75,858 After careful review of the bids by City staff, it was determined that the low bidder is not qualified based on previous performance with other contracts with the City and due to unsatisfactory comments on reference checks with other local communities. City staff is recommending that the project be awarded to American Seal Coating of Indiana, based on qualifications and satisfactory reference checks. Below is an estimated summary of Project budget: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Park & Public Land Fund $30,000 $30,000 Y Parks Operating Budget (FY2019) $1,700 $1,700 Y BOARD ACTION Approval of a contract with American Seal Coating of Indiana for the resurfacing of five tennis courts at Everett Park, for a total of $30,200. An additional $1,500 (5%) contingency is also requested, for a grand total of $31,700. To: Board/Commission Member From: Margaret Boyer, City Clerk Re: City’s Ethics and Gift Ban Act Ordinances In order to better inform you of City policies, I have attached an updated copy of the City Code that affects you as a public official. This is the City’s Governmental Ethics Code. Some of the issues covered under the Code are: financial interest, compensation, prohibited activities, gifts, disclosure of information, disclosure of interest, and annual disclosure statements. The Code also includes the Gift Ban Act Ordinance. This ordinance was passed in order to come into compliance with the State Gift Ban Act. It is important that each public official is aware of these regulations. Please sign the acknowledgment attached and return to me at City Hall. You can drop in the regular mail or use the City White drop boxes or drop it in the City Hall mail slot. If you have any questions, feel free to call me at 847-810-3674 or email me at boyerm@cityoflakeforest.com . Thank you for your service to our community. 40.01 POLICY AND PURPOSE. (A) It is essential to the proper operation of democratic government that public officials be independent and impartial; that governmental decisions and policy be made through proper channels; and in accordance with the Illinois Open Meetings Act, being 5 ILCS 120, and other statutes and laws governing conduct by public officials; and public office not be used for private gain; and that there be public confidence in the integrity of government. Public officials and employees must serve their government in a fiduciary capacity and must not bestow special consideration upon any person merely because of that person’s relationship to an official or employee. The attainment of these ends is impaired whenever there exists conflict between the private interests of a public official or employee and his or her duties as such. The public interest therefore requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of elected officials and government employees in situations where conflicts exist, as well as in situations where conflicts might develop. (B) It is also essential to the proper operation of government that those best qualified be encouraged to serve the government. Accordingly, legal safeguards against conflicts of interest must be so designed as not unnecessarily or unreasonably to impede the recruitment and retention by the government of those men and women who are best qualified to serve it. The right of each official and employee to privacy in his or her financial affairs must not, therefore, be limited beyond that disclosure necessary to ensure the integrity of government. Moreover, because an essential principle underlying the staffing of our government is that its officials and employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, such opportunity should not be limited unless conflicts with the responsibility of such officials and employees to the public cannot be avoided. (C) It is the policy and purpose of this chapter to implement these objectives of protecting the integrity of the city and of facilitating the recruitment and retention of qualified personnel by prescribing essential restrictions against conflicts of interest in city government without creating unnecessary barriers to public service and by establishing a Code of Ethics for officials and employees of the city. (Ord. 2004-27, passed 6-7-2004) § 40.02 DEFINITIONS. (A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMPENSATION. Any money, thing of value or other pecuniary benefit received or to be received in return for, or as reimbursement for, services rendered or to be rendered. CONTRIBUTION, CANDIDATE and AUTHORIZED POLITICAL COMMITTEE. As used herein shall be defined as provided in 10 ILCS 5/9-1.3 of the Illinois Election Code. FINANCIAL INTEREST. Any economic interest or relationship, whether by ownership, trust, purchase, sale, lease, contract, option, investment, employment, gift, fee or otherwise; whether present, promised, or reasonably expected; whether direct or indirect, including interests as a consultant, representative or other person receiving (or who may be receiving) remuneration, either directly or indirectly, as a result of a contract, transaction or activity; whether or not legally enforceable; whether in the person itself or in a parent or subsidiary corporation, or in another subsidiary of the same parent. An INDIRECT FINANCIAL INTEREST shall include, but is expressly not limited to, any economic interest, as set forth above, of a spouse, minor child or relative, as well as any economic interest held by an agent on behalf of an official or employee, his or her spouse or minor child, by a business entity managed or controlled by, or by a trust which an official or employee has a substantial interest. A business entity is controlled by an official or employee when he or she, his or her spouse, minor child or relative, singly or in the aggregate, possess a majority ownership interest in the entity. An official or employee has a substantial interest in a trust when he or she, his or her spouse or his or her minor child, singly or in the aggregate, have a present or future interest worth more than $1,000. FINANCIAL INTEREST shall not include ownership through purchase at fair market value of less than 1% of the shares of a parent, subsidiary or other affiliated corporation whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934. FINANCIAL INTEREST shall also not include authorized compensation or salary paid to an official or employee for services rendered to the city, or any economic benefit provided equally to all residents of the city. OFFICIAL or EMPLOYEE. Any person elected or appointed to any office, board or commission of or employed by the city, whether paid or unpaid and whether part-time or full-time. In the case of an EMPLOYEE, anyone making $35,000 per year or more from public employment. PERSON. Any individual, entity, corporation, proprietorship, partnership, firm, association, trade union, trust, estate or group, as well as any parent or subsidiary of any of the foregoing entities, whether or not operated for profit. PROHIBITED ACTIVITY. The bestowing of special consideration upon any person merely because of that person’s relationship to an official or employee. (B) As used throughout this chapter, all masculine terms shall include their feminine counterparts and all singular terms shall include their plural counterparts. (Ord. 2004-27, passed 6-7-2004) § 40.03 INTEREST IN CONTRACTS OR TRANSACTIONS. (A) No public official or employee shall perform or participate in an official act or action with regard to a transaction in which he or she has or knows he or she will thereafter acquire an interest. (B) No public official or employee shall acquire an interest in or be affected by any transaction or the subject matter thereof at a time when the public official or employee believes or has reason to believe that such transaction will directly or indirectly be affected by an official act or action. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.04 DISCLOSURE OF INFORMATION. No public official or employee with respect to any transaction which is or which is reasonably expected to become the subject of an official act or action, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city or use of such information to advance the interest of such public official or employee or his or her family members. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.05 APPEARANCE BEFORE CITY AGENCIES, BOARDS AND THE LIKE. No public official or employee and no member of any agency, board, committee or commission on any matter within the jurisdiction of such agency, board, committee or commission shall appear on behalf of any person or entity (other than the city itself) before any city agency, board, committee or commission. Notwithstanding the foregoing, an official or employee may appear before a city agency, board, committee or commission on behalf of himself, herself or an immediate family member with respect to such person’s property. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.06 DUTIES TO UPHOLD ETHICS POLICY. Public officials have the affirmative duty to maintain their neutrality in a public hearing before any city board or commission. The chair of the board or commission has the affirmative duty to report any perceived violation of this chapter to the Audit Committee for its timely review and recommendation of action to the City Council. In addition, any official or employee should report any circumstances that may give rise to a violation of this chapter to the Mayor, City Manager or the Chairperson of the Audit Committee for review. No person who makes a good faith report of an actual or perceived violation, or of circumstances that may give rise to any such violation, shall face any discipline or other retaliation as a consequence of such report. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.07 PRIVATE USE OF PUBLIC PROPERTY. No public official or employee shall request or permit the use of city owned vehicles, equipment, materials or property for personal convenience or profit except as allowed by administrative order of the city. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.08 SPECIAL TREATMENT OF OTHERS. No public official or employee shall grant any special consideration, treatment or advantage to any person or business entity beyond that which is available to every other citizen. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.09 DISCLOSURE OF INTEREST. Any public official or employee who has (or whose family members have) an interest is a transaction which is the subject of an official act or action shall disclose on the record of the board or commission which performs such official act or to the City Manager, in the case of employees, the nature and extent of such interest. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.10 ANNUAL DISCLOSURE STATEMENTS. (A) For purpose of this chapter, each elected and appointed official of the city, each appointee required by 5 ILCS 420/4A-101 to file a statement of economic interest and each employee who is compensated for services as an employee at a rate of $35,000 per year or more shall be required to file a city statement of economic interest. These declarations and this filings or lack thereof shall be a specific item of review by the annual independent audit and Audit Committee. (B) By May 1 of each year, such statement must be filed by each person whose position at that time requires him or her to file, unless he or she has already filed a statement in that calendar year. Such statement shall be a signed photocopy or signed duplicate of the statement of economic interest as required by 5 ILCS 420/4A-101 that is required to be filed with the County Clerk. Such statement shall be filed with the City Clerk. If a person required to file such statement fails to file by May 1 of any year, the City Clerk shall notify such person within seven days after May 1 or his or her failure to file and such person shall not be considered in violation of this chapter for failure to file such statement until the later of seven days after delivery of such notice from the City Clerk or May 15 of any year. Upon any request to review these statements, the City Clerk will follow the same procedures followed by the County Clerk and notify the person filing the statement. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.11 INTERPRETATION. It is recognized that no written Code of Ethics of this nature can provide specifically for all possible contingencies. Any questions regarding the propriety of any transaction or the proper interpretation of this chapter may be brought to the City Council at any time. The Council shall submit any question of impropriety or alleged violation of this chapter to the Audit Committee for investigation and review. The Audit Committee shall notify the individual who is the subject of such investigation that such investigation is taking place, the originator of the accusation and the specific charges, and shall report to the City Council, upon determination by a majority of the committee, that there is reason to believe that a violation of this chapter has occurred, that no violation has occurred, or that some other legislative action is required to address the alleged violation. The City Council shall then either uphold, reject or modify the recommendation of the Committee. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 GIFT BAN AND PROHIBITED POLITICAL ACTIVITIES § 40.25 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAMPAIGN FOR ELECTIVE OFFICE. Any activity in furtherance of an effort to influence the selection, nomination, election or appointment of any individual to any federal, state or local public office or office in a political organization, or the selection, nomination or election of Presidential or Vice Presidential electors, but does not include activities: (1) Relating to the support or opposition of any executive, legislative or administrative action, as those terms are defined in § 2 of the Lobbyist Registration Act, 25 ILCS 170/2; (2) Relating to collective bargaining, as defined in § 3 of the Illinois Public Labor Relations Act, 5 ILCS 315/3; or (3) That are otherwise in furtherance of the person’s official duties. CANDIDATE. Any person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or general election. COMPENSATED TIME. With respect to an employee, any time worked by or credited to an employee that counts toward any minimum work time requirement imposed as a condition of his or her employment but, for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, COMPENSATED TIME includes any period of time when the officer or employee is on the premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. COMPENSATORY TIME OFF. Any authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment. EMPLOYEE. All full-time, part-time and contractual employees of the city. GIFT. Any gratuity, discount, entertainment, hospitality, loan, forbearance or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. INTER-OFFICE GIFT. Any gift given to an officer or employee of the city from a member of the State General Assembly; or from the Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, the Controller, the Treasurer or the Auditor General of the state; or from a member, officer, appointee or employee of any state agency as defined in the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., or of any federal agency, or of any unit of local government or school district. INTRA-OFFICE GIFT. Any gift given to an officer or employee of the city from another officer or employee of the city. LEAVE OF ABSENCE. Any period during which an employee does not receive: (1) Compensation for employment; (2) Service credit towards pension benefits; and (3) Health insurance benefits paid for by the city. OFFICER. All appointed and elected officials of the city, regardless of whether the official is compensated. POLITICAL ACTIVITY. Any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities: (1) Relating to the support or opposition of any executive, legislative or administrative action; (2) Relating to collective bargaining; or (3) That are otherwise in furtherance of the person’s official duties. POLITICAL ORGANIZATION. A party, committee, association, fund or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under § 9-3 of the Election Code, 10 ILCS 5/9-3, but only with regard to those activities that require filing with the State Board of Elections or a county clerk. PROHIBITED POLITICAL ACTIVITY. (1) Preparing for, organizing or participating in any political meeting, political rally, political demonstration or other political event; (2) Soliciting contributions, including but not limited to, the purchase of, selling, distributing or receiving payment for tickets for any political fundraiser, political meeting or other political event; (3) Soliciting, planning the solicitation of or preparing any document or report regarding any thing of value intended as a campaign contribution; (4) Planning, conducting or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question; (5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question; (6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question; (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls; (8) Initiating for circulation, preparing, circulating, reviewing or filing any petition on behalf of a candidate for elective office or for or against any referendum question; (9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office; (10) Preparing or reviewing responses to candidate questionnaires in connection with a campaign for elective office or on behalf of a political organization for political purposes; (11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs or other campaign material on behalf of any candidate for elective office or for or against any referendum question; (12) Campaigning for any elective office or for or against any referendum question; (13) Managing or working on a campaign for elective office or for or against any referendum question; (14) Serving as a delegate, alternate or proxy to a political party convention; and/or (15) Participating in any recount or challenge to the outcome of any election. PROHIBITED SOURCE. Any person or entity who: (1) Is seeking official action by the city or by an officer or employee of the city; (2) Does business or seeks to do business with the city or with an officer or employee of the city; (3) Conducts activities regulated by the city or by an officer or employee of the city; (4) Has interests that may be substantially affected by the performance or non-performance of the official duties of the city or an officer or employee of the city; or (5) Is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act, being 25 ILCS 170, except that an entity does not become a prohibited source merely because a registered lobbyist is one of its members or serves on its board of directors. RELATIVE. Those people related to the officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter- in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister and including the father, mother, grandfather or grandmother of the officer’s or employee’s spouse and the officer’s or employee’s fiancé or fiancée. (Ord. 2004-27, passed 6-7-2004) § 40.26 GIFTS. (A) Gifts prohibited. Except as otherwise provided in division (B) below, no officer or employee, spouse of an officer or employee, or immediate family member living with an officer or employee, shall intentionally solicit or accept any gift from any prohibited source or in violation of any federal or state statute, rule or regulation. No prohibited source shall intentionally offer or make a gift that violates this chapter. (B) Exceptions. The restrictions set forth in division (A) above shall not apply to the following: (1) Opportunities, benefits and services that are available on the same conditions as for the general public; (2) Anything for which the officer or employee pays the market value or anything not used and promptly disposed of as provided in division (C) below; (3) A contribution, as defined in Article 9 of the Illinois Election Code, 10 ILCS 5/9-1 et seq., that is lawfully made under that Code or under the State Officials and Employees Ethics Act, or activities associated with a fundraising event in support of a political organization or candidate; (4) Educational materials and missions; (5) Travel expenses for a meeting to discuss city business; (6) A gift from a relative of an officer or employee; (7) Anything provided by an individual on the basis of a personal friendship unless the officer or employee has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the officer or employee and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the officer or employee shall consider the circumstances under which the gift was offered, such as: (a) The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (b) Whether to the actual knowledge of the officer or employee the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (c) Whether to the actual knowledge of the officer or employee the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees. (8) Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are: (a) Consumed on the premises from which they were purchased or prepared; or (b) Purchased ready to eat and delivered by any means. (9) Food, refreshments, lodging, transportation and other benefits resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the officer or employee as an office holder or employee) of the officer or employee, or the spouse of the officer or employee, if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee and are customarily provided to others in similar circumstances. (10) Intra-office and inter-office gifts; (11) Bequests, inheritances and other transfers at death; and (12) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. (C) Disposition of gifts. An officer or employee that is a recipient of a gift that is given in violation of this chapter may, at his or her discretion, return the item to the donor or give the item or an amount equal to its value to an appropriate charity that is exempt from income taxation under § 501(c)3 of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.27 PROHIBITED POLITICAL ACTIVITIES. (A) No officer or employee shall intentionally perform any prohibited political activity during any compensated time. No officer or employee shall intentionally use any property or resources of the city in connection with any prohibited political activity. (B) At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity: (1) As part of that employee’s duties; (2) As a condition of employment; or (3) During any compensated time off. (C) No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded any additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for the officer’s or employee’s participation in any prohibited political activity. (D) Nothing in this section prohibits activities that are otherwise permissible an officer or employee to engage in as a part of his or her official or employment duties or activities that are undertaken by an officer or employee on a voluntary basis as permitted by law. (E) No person shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club that is either: (1) In a position that is subject to recognized merit principles of public employment; or (2) In a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs. (Ord. 2004-27, passed 6-7-2004) Penalty, see § 40.99 § 40.28 ETHICS OFFICER. (A) The City Manager ,or his or her designee, shall be designated the Ethics Officer for the city. (B) The Ethics Officer’s duties and responsibilities shall include: (1) Providing guidance to officers and employees in completing statements of economic interest before they are filed with the appropriate office; (2) Providing guidance to officers and employees in the interpretation and implementation of this chapter and the requirements of 5 ILCS 430/5-15 and Article 10; and (3) Providing guidance to officers and employees in the interpretation and implementation of other applicable statutes, ordinances, rules or regulations of the city, the state or the federal government dealing with ethics, conflicts of interest, interests in contracts, jobs, work or materials, or the profits thereof, or services to be performed for or by the city. (Ord. 2004-27, passed 6-7-2004) § 40.29 ETHICS COMMISSION. (A) Establishment. There is hereby established in the city an Ethics Commission, consisting of the City Council. Commission members shall be non-salaried, except that they may be reimbursed for their reasonable expenses incurred in the performance of their duties. The Ethics Commission may contract for services that cannot be satisfactorily performed by the city staff. (B) Powers and duties. (1) The Ethics Commission shall have the following powers and duties: (a) To promulgate such procedures and rules governing the performance of its duties and the exercise of its powers as deemed necessary or appropriate; (b) Upon receipt of a signed, notarized, written complaint, to investigate, conduct research, conduct closed hearings and deliberations, issue findings, decisions and recommendations and impose a fine when warranted; (c) To act only upon the receipt of a written complaint alleging a violation of this chapter, and not upon its own prerogative; (d) To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated this chapter as the Commission deems appropriate; (e) When necessary, to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this chapter; (f) When necessary, to request that the State’s Attorney provide legal advice without charge to the Commission; (g) To prepare and publish such manuals and guides as the Commission deems appropriate explaining the duties of individuals covered by this chapter; (h) To prepare such public information materials as the Commission deems appropriate to facilitate compliance, implementation and enforcement of this chapter; (i) To prepare periodic statistical reports consisting of: 1. The number of complaints filed; 2. The number of complaints deemed to sufficiently allege a violation of this chapter; 3. The recommendation, fine or decision issued for each complaint; 4. The number of complaints resolved; and 5. The status of pending complaints. (j) The Commission may delegate to a subcommittee of the Commission or to the Audit Committee its authority to conduct investigations pursuant to this section, and require a report of the subcommittee’s findings to the full Commission for final action; (k) In the event that a member of the Commission is the subject of a claimed violation of this chapter, such Commissioner shall immediately recuse himself or herself from the investigation of such claimed violation, and shall take no part in the final action of the Commission regarding such claimed violation. (2) The powers and duties of the Commission are limited to matters clearly within the purview of this chapter. (C) Complaint procedure. (1) Complaints alleging the violation of this chapter shall be filed as follows. If the complaint alleges a violation by an employee, appointed officer or elected officer of the city, then the complaint shall be filed with the Ethics Officer. In the event that the subject of the complaint is the Ethics Officer, such complaint shall be filed with the Mayor. Any complaint received by, or incident reported to, an employee alleging the violation of this chapter, shall be forwarded to the Ethics Officer or Mayor as provided above. Upon receipt of any such complaint, the Ethics Officer, or the Mayor, as the case may be, shall forward the complaint to each member of the Ethics Commission. (2) Within three business days after the filing of an ethics complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three business days after the submittal to the Commission. The notices to the respondent and the complainant shall also advise them of the date, time and place of the meeting on the sufficiency of the complaint and probable cause, which meeting shall be held within 14 business days after receiving the complaint. (3) Upon at least 48 hours’ public notice of the session, the Commission shall meet in a closed session to review the sufficiency of the complaint and, if the complaint is deemed to sufficiently allege a violation of this chapter, to determine if there is probable cause, based on evidence presented by the complainant, to proceed. The Commission shall issue notice to the complainant and the respondent of the Commission’s ruling on the sufficiency of the complaint, and, if necessary, on probable cause. If the complaint is deemed to sufficiently allege a violation of this chapter and there is a determination of probable cause, then the Commission’s notice to the parties shall include a hearing date scheduled within four weeks after the issuance of the Commission’s ruling on the sufficiency of the complaint. If the complaint is deemed not to sufficiently allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint and that notice shall be made public. (4) On the scheduled date and upon at least 48 hours’ public notice of the hearing, the Commission shall conduct a closed meeting on the complaint and allow both parties the opportunity to present testimony and evidence. (5) (a) Within two weeks after the conclusion of the hearing on the complaint, the Commission shall: 1. Dismiss the complaint; 2. Issue a preliminary recommendation to the alleged violator and to the violator’s ultimate jurisdictional authority or impose a fine upon the violator; or 3. Both. (b) The particular findings in the instant case, the preliminary recommendation and any fine shall be made public. (6) Within seven business days after the issuance of the preliminary recommendation or imposition of a fine, or both, the respondent may file a written demand for a public hearing on the complaint. The filing of the demand shall stay the enforcement of the preliminary recommendation or fine. Within two weeks after receiving the demand, the Commission shall conduct a public hearing on the complaint after at least 48 hours’ public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within five business days after such public hearing, the Commission shall publicly issue a final recommendation to the alleged violator and to the violator’s ultimate jurisdictional authority or impose a fine upon the violator, or both. (7) If the complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under division (C)(6) above within seven days after the complaint is filed, and during the seven days preceding that election, the Commission shall tender such decision before the date of that election, if possible. (8) The Commission may levy a fine of up to $750 against any person who knowingly files a frivolous complaint alleging a violation of this chapter. (9) A complaint alleging the violation of this chapter must be filed within one year after the alleged violation. (D) Enforcement. (1) The Commission may recommend to a person’s ultimate jurisdictional authority disciplinary action against the person it determines to be in violation of this chapter. The recommendation may prescribe the following courses of action: (a) A reprimand; (b) An order to cease and desist the offensive action; (c) An return or refund of money or other items, or an amount of restitution for services received in violation of this chapter; (d) Dismissal, removal from office or expulsion; and (e) Donation to a charity of an amount equal to the gift. (2) The Ethics Commission may impose a fine of up to $750 per violation to be deposited into the General Fund of the city. (3) (a) The city, through the ultimate jurisdictional authority of an officer or employee, may take disciplinary action against any such officer or employee: 1. Who the Ethics Commission finds is in violation of this chapter; 2. Who is the subject of a recommendation by the Ethics Commission; or 3. Described by both divisions (D)(3)(a)1. and (D)(3)(a)2. above. (b) The city may take disciplinary action as recommended by the Ethics Commission, if any, or as it deems appropriate, to the extent it has constitutional and statutory authority to take that action. (c) The city shall make its action, or determination to take no action, available to the public. (4) If after a hearing, the Commission finds no violation of this chapter, the Commission shall dismiss the complaint. (E) Review. The Ethics Commission’s decision to dismiss a complaint or its recommendation is not a final administrative decision, but its imposition of a fine is a final administrative decision subject to judicial review under the Administrative Review Law of the Code of Civil Procedure. (F) Exemption. The proceedings conducted and documents generated under this chapter are exempt from the provisions of the Open Meetings Act and the Freedom of Information Act, except as expressly provided. (Ord. 2004-27, passed 6-7-2004) § 40.30 INTERPRETATION. It is the intent of the city that the provisions of this chapter shall be substantially in accordance with the requirements of 5 ILCS 430/5-15 and Article 10. To the extent that § 5-15 or Article 10 of the State Officials and Employees Ethics Act may be more restrictive than the requirements of this chapter, the provisions of § 5-15 and Article 10 of the State Officials and Employees Ethics Act shall apply and control. This chapter does not repeal other relevant personnel rules or regulations adopted by the city (“existing regulations”). To the extent that the existing regulations are less restrictive than § 5-15 or Article 10 of the State Officials and Employees Ethics Act and this chapter, the provisions of § 5-15 and Article 10 of the State Officials and Employees Ethics Act and this chapter shall apply and control. (Ord. 2004-27, passed 6-7-2004) § 40.99 PENALTY. (A) General penalty. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99. (B) In general. (1) Any person found guilty of knowingly violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of §§ 40.01 through 40.11, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine up to $750 per violation. All action seeking the imposition of fines only shall be filed as other non-criminal violations of the city code. (2) Prosecutions for violation of the provisions of §§ 40.01 through 40.11 shall be initiated and prosecuted by the City Attorney. (3) The penalties provided in section do not limit either the power of the City Council to discipline its own members or the power of any other city department, agency or commission to otherwise discipline its members or its employees. (4) Nothing in §§ 40.01 through 40.11 is intended to or is to be construed as repealing in any way the provisions of any other law of the states or ordinance by the city. (C) Failure to file statement of financial interests. Any person who is required to file a statement of financial interests pursuant to this chapter or state law and who fails to file such as provided therein, shall, in addition to any other penalty provided herein, be subject to immediate ineligibility for, or forfeiture of, office or employment, provided that no forfeiture shall result if a statement is filed within 30 days after notice of the failure to file. (D) Void contracts; invalid licenses, permits, actions. Any contract negotiated, entered into or performed in violation of any of the provisions of this §§ 40.01 through 40.11 shall be void as to the city. Any permit, license, ruling, determination or other official action of the City Council, a committee or other subdivision thereof, or of any city department, agency, board, commission, other body, applied for or in any other manner sought, obtained or undertaken in violation of any of the provisions of §§ 40.01 through 40.11 shall be invalid and without any force or effect whatsoever. (E) Disgorging corporate opportunity. Any official or employee shall, upon demand of the City Attorney, account for all benefits accruing to such official or employee as a result of any violation of the provisions of §§ 40.01 through 40.11. Any official or employee receiving any such benefits in violation of any of the provisions of §§ 40.01 through 40.11 shall disgorge such benefits, and, in addition to any other penalty provided herein, shall be subject to a penalty equal to two times the amount of such benefits. In the event that any such official or employee refuses to account for benefits received in violation of any of the provisions of this section, the City Attorney may seek an accounting in a court of law. (F) Gift ban and prohibited political activities. An individual who knowingly violates §§ 40.25 through 40.30 is guilty of a business offense and subject to a fine of up to $750. (Ord. 2004-27, passed 6-7-2004) ACKNOWLEGMENT I hereby acknowledge that I have received and read a copy of the Gift Ban Act Ordinance and Ethics Ordinance for The City of Lake Forest. Signature Date Printed Name Board/Commission Name Return To: Margaret Boyer, City Clerk City of Lake Forest 220 E. Deerpath Lake Forest, IL 60045