Illinois Parks Association Risk Services Spring 2015.pdf · On behalf of the Illinois Parks...

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A QUARTERLY NEWSLETTER SPRING 2015

Illinois Parks Association Risk Services“The Choice for Illinois Park & Recreation Districts”

UPDATE

Every effort has been made to ensure the accuracy of the information in this newsletter. Professional counsel should be sought before any action is taken or decision is made based on this material.

www.iparks.org

IPARKS Board of Directors

Ken CollinChairman

Freeport Park District

Jay MorganVice Chairman

South Barrington Park District

Peter MurphySecretary

Illinois Association of Park Districts (IAPD)

Mark BadaschRepresenting Roxana Community Park District

Larry DeGraafRepresenting Grandwood Park Park District

Diane MainWestmont Park District

John WassingerBensenville Park District

Jason AnselmentEx-Officio IPARKS Board Member

Illinois Association of Park Districts (IAPD)

IPARKS Board of Directors AnnouncesLoss Control Grant Program – iGrantThe Illinois Parks Association Risk Services Board of Directors is pleased to announce the implementation of a new loss control and risk management initiative –iGrant! At the November 2014 IPARKS Board of Directors meeting, the Boardvoted unanimously to approve the new loss control grant program that was implemented January 1, 2015. Entitled “iGrant,” the initiative permits all IPARKSmembers to apply for up to $500 in grant money to fund, or partially fund, safetyitems that will aid the member in loss control or risk management efforts. IPARKSembraces the unique attributes of all of its members, and, in furtherance of thoseunique attributes, the iGrant does not specify exactly what item must be requested.Rather, any safety item whose purpose is the prevention or reduction of liabilityclaims or property losses will be considered. Examples of items that would qualifyfor the $500 in iGrant funds include (but are not limited to):

• Playground surface materials;

• Safety signage;

• Safety cones or other hazard warningitems;

• Automated External Defibrillators;

• Fire extinguishers; and,

• Life jackets.

IPARKS members may apply for iGrantfunds using the brief iGrant applicationform, found under the Quick Links section onthe IPARKS website at www.IPARKS.org.Instructions for completing and submittingthe application are located on the application itself, as are the programspecifics. iGrant applications may be submitted through December 31, 2015.

IPARKS 8pgr_Layout 1 2/23/2015 12:55 PM

2www.iparks.org

I began my career in parks and

recreation in March 1992. I was

hired by the Urbana Park District

to serve as its first in-house

Superintendent of Planning. This

position was intended to work closely

with the Board of Commissioners

in determining all the needs within

the parks and facilities, in order to

bring a program of work to the

district to help meet our mission.

Dr. Bruce Larson had already been

serving as President of the Board of

Commissioners for many years.

I benefited greatly from getting to

know and work with Dr. Larson.

I learned early that Bruce had a

deep commitment and love for the

Urbana Park District, and for the

many great parks and natural areas

that the district had acquired.

Dr. Larson taught me to value land

that was acquired for parks and

open space. As he often told me,

“Tim, they aren’t making land

anymore so we have to be aggressive

about getting what we can to set

aside for public use.” That was an

excellent ideal to install in a

younger staff member. I learned

pretty early on in my career that

acquiring land for park use was one

of the most important functions for

both staff and board members. Dr.

Larson also supported the many

recreational activities supported by

our residents. He told me a long

time ago, “I’ve seen our board

move back and forth over the years

to sometimes lean heavy on park

interests and back again toward

recreation interests.” In the end, it

was balance that he sought.

Dr. Larson also was very invested in

the workings of the Illinois Association

of Park Districts (IAPD). He served

on many committees for the IAPD

over the years and ultimately served

as President of our statewide

organization. In addition, he was a

driving force behind the creation

of IPARKS and has since been one

of the organization’s strongest

advocates. He taught me a great deal

IPARKS Board of Directors Announces Retirement of Dr. Bruce Larson

After 23 years of service, which began on January 19, 1991, Dr. Bruce Larsonretired from the IPARKS Board of Directors, effective December 31, 2014. TheIPARKS Board of Directors wishes to express its heartfelt appreciation to Dr.Larson for his many years of dedication and leadership.

Dr. Larson’s legacy of leadership reveals an unsurpassed commitment to Illinoispark districts, preservation of open space and the people involved in each organization. Dr. Larson is the longest-serving board member in Urbana ParkDistrict’s 107-year history; founding Chairman of the Illinois Parks Association RiskServices; trustee of the Urbana Parks Foundation; 1992 recipient of the Commissionerof the Year, awarded by the Illinois Association of Park Districts (IAPD); andProfessor Emeritus at the University of Illinois at Urbana-Champaign.

On behalf of the Illinois Parks Association Risk Services, the Illinois Associationof Park Districts, Urbana Park District, and all who have benefited from Dr. Larson’s lifelong commitment to creating park and recreation opportunities, preserving natural resources and improving the quality of life for Illinois residents, we thankDr. Larson and wish him the absolute best in his retirement.

The impact of Dr. Larson’s lifework is best depicted in the words of Mr. Tim Bartlett, Executive Director of Urbana Park District:


3Claims Services 866.964.6257

about how IPARKS is organized

and how the IPARKS Board of

Directors serves its member districts.

I would credit Dr. Larson for creating

an opportunity for Urbana residents

to support the addition of natural

areas – open space areas consisting

of woodlands, wetlands and native

Illinois tall grass prairie. These

three land ecotypes were very

important to Dr. Larson. He

believed these few remaining

remnants are all we have left of the

Illinois landscape and that it was

our job to retain and enhance them,

so that future generations would

have them in good standing so that

we could teach children about the

delicate ecosystem found in central

Illinois. Many park districts in

our state do not always have the

opportunity to acquire rare/threatened

landscapes – Dr. Larson made it his

mission. Under his leadership, the

Urbana Park District boasts that

nearly one-half of our land holdings,

of approximately 650 total acres,

are in the form of natural areas,

including Busey Woods, Crystal

Lake Park, Meadowbrook Park and

Weaver Park.

Dr. Larson’s

contributions to the

IPARKS board have

been invaluable to park

districts across the state.

Bruce has been a great

supporter of the Illinois

Association of Park

Districts’ mission to

provide outstanding

park and recreational

opportunities, preserve

natural resources and

improve the quality of

life for all people in

Illinois. He has dedicated

his time and personal

talents as one of the

longest-standing members

of the IPARKS board,

and the contributions

he has rendered to the

board are invaluable in

assisting Illinois park

districts in enriching the

lives of people in their

communities.

– Peter MurphyIAPD President & CEO


Dr. Larson’s service as a founding

Board member has always been

centered on serving the members,

growing the pool of members, and

improving services and expanding

the areas of coverage being provided.

His vast knowledge and straightforward

approach have been instrumental

in the pool achieving much of

its current success.– Mark E. Badasch


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4www.iparks.org

Since going into effect on January 1, 2011, no provision ofthe Open Meetings Act has been as contested as the sectionon public comment. The Open Meetings Act provides “anyperson shall be permitted an opportunity to address publicofficials under the rules established and recorded by the public body.” 5 ILCS 120/2.06(g). The Public AccessCounselor (PAC) has issued over 30 opinions on this statutory section alone.

On May 12, 2014, an Illinois Park District Board held a special meeting to discuss the “status of executive director.”At the meeting, the Board voted to enter into a closed sessionto discuss the “executive director’s evaluation.” The Boardcould properly enter into a closed session under 120/2(c)(1)to discuss the “appointment, employment, compensation,discipline, performance, or dismissal of specific employeesof the public body….” There was no claim that the Boardentered into the closed session improperly or for an improper purpose. The issue arose after the Board returnedinto open session after a lengthy debate in closed session.When the Board returned to the open meeting two hoursafter entering into closed session, the community memberspresent for the meeting anticipated they would be able tomake comments. The Board, however, tabled the agendaitem and entertained a motion to adjourn. Although a request was made for public comment, the Board deniedthe request and adjourned the meeting.

On May 14, 2014, Plaintiff filed suit in the 5th Circuit Court(Marshall and Clark Counties, Illinois) alleging that theBoard had violated Section 2.06(g) of the Open MeetingsAct by failing to allow public comments.

On June 26, 2014, the Board held a special meeting to address the lawsuit and the Board voted to settle the suit bypaying the plaintiff’s court fees of $415.50, as well asadopting rules that would regulate public comments. ThePlaintiff then dismissed his lawsuit. Since this case was dismissed, the PAC has issued two binding opinions instructive on public comments.

On September 4, 2014, the PAC determined that a villageboard violated the public comment section of the Open

Meetings Act by requiring a member of the public to stateher home address before allowing her to address the villageboard (2014 PAC 29739/Opinion No. 14-009).

And, on September 30, 2014, the PAC determined that thecounty board violated the Open Meetings Act when it prohibited an individual from addressing the board becausehe did not submit a written request at least five days priorto the meeting (2014 PAC 30194/Opinion No. 14-012). Although the requester submitted the proper request, it wasonly four business days ahead of the meeting instead of therequired five business days. While the PAC hints that someform of advance notice is reasonable, it appears that advance notice which is required prior to the agenda beingposted will not be upheld.

While the PAC has not issued any draft public commentrules, the published opinions provide a framework for howpark district boards should regulate public comments. First,the PAC is clear that rules are required. Operating under“past practice” and “custom” are not sufficient. The PAChas also opined that committees and subcommittees haveto allow public comments. (2011 PAC 12839 and 2013 PAC25020.) The PAC has said that public comments should beallowed at all meetings, even special meetings, but has af-firmed time limits for public speaking and rules regardingdecorum at public meetings. (2011 PAC 12459 and 2012PAC 18248.)

All public entities should work with their legal counsel toadopt reasonable regulations allowing public comment.Public bodies that have already adopted regulations shouldreview them for compliance with recent cases and opinionsand train staff appropriately on enforcement.

Public Comments at the Park District Board Meeting

Chrissie Peterson is an attorney with Heyl, Royster, Voelker and Allen inits Peoria office. Her practice is focused on government law, representingmunicipalities and other public entities in a broad range of issues, including administrative and regulatory law, the operation and governance of critical services, infrastructure construction and financing,

council procedures, tax increment financing and economic development.Before joining Heyl Royster, Chrissie served as the City Attorney for Canton, Illinois for seven years where she managed all legal aspectsof the municipal corporation.

By: Chrissie Peterson, Esq.Heyl, Royster, Voelker and Allen

For sample rules and regulations regarding public comment, please seepp. 55-56 of the The Illinois Associationof Park Districts’ Guide to IllinoisSunshine Laws, The Freedom of Information Act and The OpenMeetings Act.


5

Winter weather can wreak havoc onbike and walking trails. Snow and icecan cause heaving or cracking on thetrail. Furthermore, winter’s severeweather and heavy snow can damagetrees, breaking branches that fallacross the trails. Having a trail inspection plan in place that addresses all of the potential hazardsis of utmost importance in ensuringthe safety of bikers and pedestrianswho utilize the trails. Early spring isthe best time to inspect those trails sothat maintenance and repairs can becompleted before heavy use of thetrails resumes.

The following is a list of some itemsto consider when inspecting your bikeand walking trails this spring, as wellas some general trail maintenance tips:

Review Signage: Inspect signs forwear and stability. Replace signs ifthe lettering is no longer visible or ifthere are other signs of wear and tear.Ensure the sign is securely placed.Signs should include the following:

hours of operation, age restrictions (ifany), rules and warnings. Rules shouldinclude, at a minimum: maintain control and travel at safe speeds, especially around turns and corners;always wear a bike helmet; be courteous to other trail users; stay tothe right of the trail; pedestrians havethe right of way; advise other userswhen you are about to pass; and, nomotorized vehicles. Warnings may include advising users to always bealert; yield to slower traffic; that alltrail users are using the trail at theirown risk; and, that the park district isnot responsible for injuries.

Inspect the Trail Surface Itself:Walk the trail looking for signs ofweather damage or other wear andtear. Heaving, cracking and potholesare just some of the damage that canoccur to a trail.

Inspect the Trail for Debris: Overthe course of a rough winter, debris islikely to have fallen onto the trail.Branches or even trees may have

fallen onto a trail andneed to be removed.Moreover, leftover fallleaves or gravel mayneed to be swept orblown off the trail.

Inspect for DrainageIssues: Depending onthe location of thetrail, a significant meltor some other changeto the uphill groundcan affect how waterdrains onto a trail. Inspect the trail fors igns of dra inage issues or the pooling

of mud to a s s u r e t h e i ssues a re a d d r e s s e d before the trailis opened.

Inspect the Areaand VegetationBeside the Trail:Trail walks and ridesare beautiful, in part, because of the vegetationa l o n g t h e t r a i l . Unfortunately, that samevegetation can becomedangerous to the trail user when overgrown. Thus, the area along atrail needs to be inspected and maintained. Trees and shrubbery mayneed to be pruned and tall grassesmay need to be mowed.

Document All Inspections and Repairs: “If it isn’t documented, itdidn’t happen.” It is imperative thatall inspections and repairs are accurately documented. Logs shouldinclude documentation as to when theinspection took place, who performedthe inspection, any potential hazardsfound, what maintenance was neededand the remedial action taken.

In sum, having a trail inspection planin place, and implementing that planbefore the increase in springtime trailuse, will help ensure the safety of bikersand pedestrians. Regular inspectionsand maintenance should continuethroughout the year to ensure continuedtrail safety.

Loss Control Services 800.367.4818

Early Spring is a Great Time to Inspect Bike and Walking Trails in Your Park Districts


IPARKS Member Profile: Beardstown Community Park District

Beardstown Community Park District, in CassCounty, is situated on the Illinois River of westcentral Illinois. The Park District serves over10,000 residents in the City of Beardstown andthe surrounding area communities.

Many exciting things have been happening inthe Beardstown Community Park District as oflate. In October 2014, Governor Pat Quinn visited,not only to present the park district with a $2.5 million grant, but also to give Mr. SteveMegginson, the Director of Parks and Recreation,a gubernatorial proclamation announcing October 23 as Steve Megginson Day in the stateof Illinois.

Mr. Steve Megginson has served the BeardstownCommunity Park District for nearly 29 years.Throughout his career as the Director of Parksand Recreation, Mr. Megginson says he has“most enjoyed working with the people of thecommunity,” and that he “hopes others rememberthe improvement of the parks’ facilities and his commitment to the park district.” If one wereto ask him what he is most proud of in theBeardstown Community Park District, he would say, “thedistrict’s growth and the services we provide.”

As Mr. Megginson reflects on his retirement at the end of2014, he is pleased to know the park district’s efforts for a newpool complex are becoming a reality. In 2011, the 58-year-old

public swimmingpool closed – thecost of repairs wouldhave exceeded thecos t to bui ld a new one. Almostimmediately, thepark district lookedinto building a newpool complex, withan estimated costof $2.7 mil l ion.After three years of

fundraising and applying for grants, Beardstown CommunityPark District received a grant of $2.5 million from the Illinois Department of Natural Resources. “This was thebiggest step,” says the new Director of Parks and Recreation,Mr. Jason Brockschmidt. “We have met with and chosen an

architect and are just beginning the design plan finalizationprocess.”

Mr. Brockschmidt is a Beardstown native who was workingfor the Beardstown Community Park District when Mr. Megginson was first hired 28-1/2 years ago, and hasworked for Mr. Megginson for many years. When Mr.Brockschmidt was asked about his new position as Park Director, he replied, “I’m looking forward to the opportunityto work with the youth of our community, the challenge of building our new pool/water park and maintaining ourbeautiful park system.”

In June, John Sanford, IPARKS representative, presentedMr. Megginson with a 15-year IPARKS membershipplaque. Mr. Megginson was very happy to accept. He says,“Joining IPARKS was the best decision we ever made.IPARKS has saved us money and we have much better coverage than with our previous provider.”

For more information about Beardstown Community Park District, we invite you to visit its website atwww.beardstownparkdistrict.com. For more informationabout how IPARKS can benefit your park district, please call800-748-0554 and ask to speak with an IPARKS representative.

www.iparks.org 6

Steve Megginson, with John Sanford,IPARKS representative

Jason Brockschmidt (left photo), new Director of Parks and Recreation. Rightphoto: Steve Megginson (left) was honored with a visit from Governor PatQuinn proclaiming October 23 Steve Megginson Day.


7IPARKS Service Center 800.748.0554

IPARKS makes available to its Members an extensive Resource eLibrary and online training courses as part of itsrisk management and loss control services.

The online training program allows IPARKS Members to complete online training courses at the Member’s convenience and at no charge to the Member. Five hundredcourses are available, with topics as diverse as BloodbornePathogens and Discrimination.

The Resource eLibrary also offers Members DVDs and online video streaming titles, such as Fire Prevention andPersonal Protective Equipment. In addition, thousands ofsample documents, including personnel manuals, articles,policies and procedures, job descriptions, checklists, forms,and guidelines are available in the Human Resources section of the eLibrary and are designed for customization.

IPARKS Resource eLibrary and Online Training Courses

IPARKS is committed to providing members with highlypersonalized and professional services specific to the needsof park districts, forest preserves, conservation districts,river conservancy districts, and special recreation agenciesin the state of Illinois. IPARKS is pleased to introduce LossControl Specialist Dan Gilmer, who joined the team of serviceproviders in October 2014.

Dan is responsible for conducting member visits, identifyinghazards and making recommendations to either reduce oreliminate the potential for a claim or loss. In addition to regularly scheduled visits, Dan attends consultations withmembers to answer questions and discuss concerns.

Prior to joining IPARKS, Dan worked with leading insuranceorganizations ISO, Federated Insurance and Allstate, garnering extensive experience in loss control, risk consultingand underwriting. Dan holds a Bachelor of Applied Sciencedegree in Criminal Justice and Corrections, and servedseven years as a police officer before entering the insuranceindustry.

Dan is a resident of the Greater St. Louis Area and is theproud parent of three children. In addition to an active familylife, Dan takes full advantage of his local gym membershipand belongs to several recreational sports teams.

IPARKS Welcomes New Loss Control Specialist

Our park district uses the IPARKS Resource eLibrary to research samplepolicies and guidelines, primarily those relating to human resources. Recently, we looked up drug and alcohol policies and itemsrelated to fire safety. We wanted to learn more about the requirementsfor posting fire escape routes in public buildings.

The Resource eLibrary provides us with reassurance and peace of mindknowing that other park districts have encountered similar concerns. It’s also nice that we don’t have to ‘reinvent the wheel’ eachtime we need to write a new guideline or policy. I would encourage otherpark districts to check the Resource eLibrary first.

– Tammy Lange, Administrative AssistantPrinceton Park District

We invite all IPARKS Members totake advantage of the valuable andconvenient resources available in theResource eLibrary, which may be accessed through the IPARKS website, www.IPARKS.org.


If our mailing records need to be updated or if you want to receive newsletters electronically, please contact the IPARKS Service Center at (800) 748-0554, ext. 3136.

IPARKS Service Center315 S. Kalamazoo MallKalamazoo, MI 49007

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IPARKS Welcomes New Member

Upcoming EventsFor more information regarding thefollowing Illinois Association of ParkDistrict (IAPD) sponsored events, weinvite you to visit the IAPD websiteat www.ilparks.org or contact theIAPD offices at 217-523-4554.

Flying for Kids Month,Statewide Kite Fly

April-May 2015

Parks Day at the Capitol

Tuesday, April 28, 2015

Illinois State Capitol

Legislative Reception

Tuesday, April 28, 2015

Illini Country Club

Legislative Conference

Wednesday, April 29, 2015

Crowne Plaza, Springfield

Morton Park District

Morton Park District manages more than 265 acres at 11 park locations for visitors to enjoy nature trails, picnic facilities, sports fields, a disc golf courseand a dog park. Additional recreational facilities include the Morton FamilyAquatic Center and Morton Recreation Center. “We are pleased to welcomeMorton Park District to IPARKS after joining in October 2014,” expressedEddie Wood, IPARKS representative.

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IAPD Summer Golf Tour

Thursday, June 25, 2015

Deerfield Golf ClubDeerfield Park District


Illinois Parks Association Risk Services Spring 2015.pdf · On behalf of the Illinois Parks...

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