April 2018

ILLINOIS MUNICIPAL LEAGUE REVIEW

IN THIS ISSUE:

Olmsted Lock and Dam

Illinois Rivers and Streams

Advocacy Update: Tax Increment Financing B Illinois Municipal Review | April 2018 ILLINOIS MUNICIPAL LEAGUE REVIEW

PAGE 7 3 From the Editor’s Desk Olmsted Lock and Dam 5 Advocacy Update Tax Increment Financing 6 A wards & Grants 11 Fun in Illinois! April 2018 Festivals 19 Municipal Calendar Feature Articles 20 Risk Management Parade Safety 7 Olmsted Lock and Dam 22 Legal Brief 10 Noteworthy Cases for Municipalities from 2017 28 Professional Services Directory 11 About the U.S. Army Corps of Engineers

12 Illinois Rivers and Streams Editor In Chief Managing Editor Brad Cole Rebecca Turner 15 Is it a River or is it a Creek? Volume 97, No 4, April 2018. Total number 1,110. (ssn 0019-2139) 17 Can’t Beat ‘Em, Eat ‘Em! The Illinois Municipal Review (USPS 258-180) is published monthly in Springfield, IL, by the Illinois Municipal League, Editorial and Executive Offices, Lighting the Way to Smart Cities 500 E. Capitol Ave., Springfield, IL 62701. 26 Telephone (217) 525-1220 Subscription per year: Domestic $30.00. The opinions expressed in our published works are those of POSTMASTER: Send address changes to: Periodical postage paid at the author(s) and do not necessarily reflect the opinions of Illinois Municipal Review Springfield, IL 62705-5180 the Illinois Municipal League or its Board of Directors. PO Box 5180, Springfield, IL 62705. and at additional mailing office.

PAGE 15 On the cover: Confluence of the Ohio (from the right) and Is it a River Mississippi (from the left) rivers or is it a Creek? at Cairo. Photo courtesy of Southernmost Illinois Tourism Bureau.

April 2018 | Illinois Municipal Review 1 Did You Know... that we cover property in flood zone A? Find out what else you’re missing out on... Contact the RMA today at 217-525-1220 or online at www.imlrma.org!

Have a question or want to contact IML Staff? Phone: 217.525.1220 Brad Cole, Executive Director – [email protected] Tera Antonacci, Membership & Accounting – [email protected] Allen Boesdorfer, Controller – [email protected] Rachel Caton, Administrative Assistant – [email protected] Kim Cummings, Advocacy Coordinator – [email protected] Craig Elliott, Technology & Facilities Director – [email protected] Amelia Finch, Assistant Counsel – [email protected] Lori Harlan, Public Affairs Manager – [email protected] Patrick Hayes, General Counsel – [email protected] Joe McCoy, Legislative Director – [email protected] Nathan Piper, Communications Specialist – [email protected] Rebecca Turner, Publications Coordinator – [email protected] Greg Willis, Assistant Legislative Director – [email protected]

2 Illinois Municipal Review | April 2018 From the Officers of The Editor’s Desk Illinois Municipal League

“Eventually, all things merge into one, and a river runs through it. The river was cut by the world’s great flood and runs over rocks from the President basement of time . . .” Mayor Mark W. Eckert, Belleville Norman Maclean (1902 - 1990) First Vice President A River Runs Through It and Other Stories Mayor Michael J. Inman, Macomb Second Vice President Mayor Leon Rockingham, Jr., North Illinois’ Executive Director Bicentennial Brad Cole, Former Mayor, Carbondale Celebration Update Vice Presidents Mayor Richard H. Veenstra, Addison Mayor Richard Irvin, Aurora Mayor Michael Chamberlain, Belvidere Mayor Tyrone Coleman, Cairo Mayor John Michael Henry, Carbondale Mayor Rahm Emanuel, Chicago BORN: Illinois’ well-known sons and daughters born in April: Jennie Village President Charles E. Tokar, Chicago Ridge Garth, actress, Urbana; Arnold O. Beckman, inventor, Cullom; Mayor Kevin B. Hutchinson, Columbia William Holden, actor, O’Fallon. Mayor Aaron Shepley, Crystal Lake BUILT: Monuments and landmarks that tell Illinois’ history: Madonna of Mayor Julie Moore-Wolfe, Decatur Mayor Teresa Kernc, Diamond the Trail monument, Vandalia; Civil War Memorial, Sycamore. Mayor Liandro Arellano, Jr., Dixon GROWN: Green spaces and Illinois products: Willoughby Heritage Mayor Reggie Freeman, East Moline Farms, Collinsville; Anderson Japanese Gardens, Rockford; Mayor Emeka Jackson-Hicks, East St. Louis Pitty Que Barbecue Sauce, Westmont. Mayor John Pritchard, Galesburg Mayor Joe W. Bisch, Grayville Village President Rodney S. Craig, Hanover Park Congratulations to Louise Calvin, who on March 4, 2018, celebrated Mayor Andy Ezard, Jacksonville 47 years of service as City Clerk of Mound City. Louise is a life-long Village President Eugene Williams, Lynwood resident of Mound City, and continues to proudly serve her community. Mayor Timothy D. Gover, Mattoon Town President Chris Koos, Normal Mayor Jim Ardis, Peoria In Memoriam Mayor Scott J. Harl, Peru  James Rick, Village President of the Village of Naplate since 2011, Mayor Robert Hausler, Plano passed away on February 4, 2018, at the age of 58. Prior to his Mayor Kyle Moore, Quincy election as village president, Rick served as a volunteer fireman for Village President Rick Reinbold, Richton Park the village for 43 years, 12 of those as chief. Village President Catherine Adduci, River Forest Mayor Chet Olson, Rochelle IML Risk Management Association Board of Directors Mayor Thomas McNamara, Rockford Village President Dale B. Adams, Rockton Chairman Mayor Richard H. Hill, Round Lake Beach Mayor Jim Langfelder, Springfield Village President Trevor Clatfelter, Sherman Mayor Ricky J. Gottman, Vandalia Vice Chairman Mayor Gary W. Manier, Washington Mayor Hal Patton, Edwardsville Mayor Tom Jordan, West Frankfort Board Members Past Presidents Mayor Kathy Carroll-Duda, Geneseo Village President Karen Darch, Barrington Mayor Steve Frattini, Herrin Mayor Roger C. Claar, Bolingbrook Village President Sean Widener, Mahomet Mayor Gerald E. Daugherty, Mascoutah Village President Glenn Ryback, Wadsworth Mayor Gerald R. Bennett, Palos Hills Village President Eileen Phipps, Wayne Mayor Al Larson, Schaumburg

Managing Director Brad Cole, Former Mayor, Carbondale

April 2018 | Illinois Municipal Review 3 Illinois Municipal League Annual Conference ILLINOIS MUNICIPAL LEAGUE An Investment In Your CommunItY

When developing your community’s annual budget, remember to plan for the Illinois Municipal League (IML) Annual Conference. The conference is a convenient and affordable way to meet the professional development needs of your elected officials and staff. While the Annual Conference continues to improve and expand, the registration rate remains unchanged – only $310 for IML members to benefit from three days of education, training and networking opportunities. You can’t afford to miss this event. Budget today to attend the IML Annual Conference September 20-22, 2018 in Chicago. It’s an investment in your community that will pay dividends for years. conference.iml.org

4 Illinois Municipal Review | April 2018 EDUCATe. Advocate. Aadvocacy Upd te EmpoWer. General Assembly Ponders Changes to Tax Increment Financing

By Illinois Municipal League Legislative Staff

Tax increment financing (TIF) has been a subject of As the task force met during January and February to discussion during the 2018 spring legislative session as state discuss TIF policy, legislators in both the House and Senate legislators consider various proposals for changing the law. were introducing bills with proposed changes to the TIF law. Possible changes to TIF policy have been discussed by a IML has reviewed and taken a position on the bills identified task force, and state legislators have introduced bills on their below. It is recommended that each bill be read in its own in both the House and Senate. entirety for a thorough understanding of the provisions.

The Tax Increment Financing Reform Task Force was HB 4800 (Representative Harper, created as part of school funding reform legislation D-Chicago) and SB 3130 (Senator (P.A. 100-0465) signed into law by Governor Bruce Rauner Aquino, D-Chicago) on August 31, 2017. The task force was established to study These identical bills provide that surplus tax revenues ways to reform current TIF law and issue a report with may be used to pay for costs of special education, social recommendations to the General Assembly on April 1, 2018. services and other costs of a public school district. For the At the time of this writing, it remained uncertain whether City of Chicago, redevelopment project costs include public the task force would publish its report by the scheduled school district qualified workers, costs of providing special due date. educational facilities and services, school psychological services and school social work services. Any surplus The Illinois Municipal League (IML) aggressively advocated balance in the special tax allocation fund at the end of the in support of TIF throughout the duration of task force fiscal year shall be used for these workers, facilities and activities. IML involvement included presenting task force services. The bills remove provisions allowing anticipated members with a memorandum advocating for proposals redevelopment project costs to be deemed surplus funds. to make TIF an even more valuable economic development IML OPPOSES tool while expressing opposition to TIF proposals that would undermine this critical tool. Additionally, Executive Director HB 5230 (Representative Will Davis, Brad Cole provided testimony during one of the task force D-East Hazel Crest) and SB 2880 meetings to offer the municipal perspective on potential (Senator Curran, R-Downers Grove) changes to the TIF law. Several documents considered by These identical bills provide that for redevelopment the task force, including the memorandum submitted by project areas created on and after the effective date of the IML, are available on IML’s website at www.iml.org/TIF. amendatory Act, “blighted areas” must have a household

April 2018 | Illinois Municipal Review 5 Awards & Grants median income of 100% or less of the area median income, as defined by the U.S. Department of Housing and Urban Development.” On or after January 1, 2019, tax increment revenues may be utilized for jointly undertaken and performed redevelopment projects only in an amount equal to the percentage of eligible costs undertaken within the redevelopment project area that received the revenue. Tax increment revenues received Award Winners in one redevelopment project area may not be used for eligible costs in another redevelopment project area Schaumburg Receives Silver Designation for Advancements in Solar Energy Growth on or after January 1, 2019, and tax increment revenues Village of Schaumburg may not be transferred to another redevelopment Landscape and project area on or after January 1, 2019. For contracts Sustainability Planner or agreements in force on the effective date of the Martha Dooley accepts the SolSmart Silver amendatory Act, tax increment revenues may continue Designation award on to be used or transferred to another redevelopment behalf of the village at project area or utilized for jointly undertaken and an event held at Argonne performed redevelopment projects after January 1, National Laboratory on February 2. L-R: 2019, only to the extent necessary to comply with the Mayor John Ostenburg, contract or agreement. IML OPPOSES Forest Park, Chair of the Metropolitan Mayors Caucus Environment Committee; Martha Dooley; Zachary Green, SolSmart Program Director, SB 2315 (Senator Morrison, D-Deerfield) The Solar Foundation; Illinois Lieutenant Governor Evelyn Sanguinetti. This bill provides that prospective redevelopment The designation recognizes the village for taking bold steps to project areas shall not contain more than 20% of the encourage solar energy growth and remove obstacles to solar development. For companies looking to expand, a SolSmart Silver area of a previous redevelopment project area that has designation is a signal that Schaumburg is “open for solar business.” been completed in the 10 years prior to the adoption “The Village of Schaumburg is continually looking for ways to enhance of the ordinance designating the new redevelopment the way we offer services to residents,” said Village President Al project area. IML OPPOSES Larson. “By making our processes more efficient, we open the door to increased innovation that can benefit our community in the form of new development, job opportunities and the ability to pursue SB 2946 (Senator Link, D-Gurnee) additional sustainable initiatives.” This bill provides that when a redevelopment project SolSmart is led by The Solar Foundation and the International City/ area has been dissolved, completed or terminated, County Management Association (ICMA) and funded by the U.S. property within that redevelopment project area may Department of Energy Solar Energy Technologies Office. For more not become part of another redevelopment project area information, visit www.solsmart.org. for 15 years after the date the former redevelopment 2018 ILGL Award Winners project area is dissolved, completed or terminated. At its 25th Annual Conference, the Illinois Local Government Lawyers IML OPPOSES Association (ILGL) presented its 2018 annual awards:  The Longevity of Service Award, which recognizes attorneys who In addition to these bills, several bills were filed to have continuously provided legal representation to a unit of local extend the life of existing TIF districts in specific government for over 25 years, was presented to Thomas P. Bayer, representing the Village of Lombard for 28 years, and Burton S. municipalities. These bills are supported by IML. Odelson, representing the Village of Orland Hills for 42 years.  The Litigation Award, which recognizes attorneys who have Additional TIF legislation filed during the spring session established a favorable legal precedent for local governments will be reviewed and tracked by IML, and we will during the past year, was presented to Lorilea Buerkett of Brown, continue to defend TIF as an important tool used by Hay & Stephens, LLP for her efforts inBoard of Education of municipalities to combat blight and generate economic Springfield School District No. 186 v. The Attorney General of Illinois. development in Illinois communities.  The Robert J. Mangler Distinguished Service Award, which recognizes an attorney’s distinguished service to local government If you have questions regarding legislation, please contact law over a legal career, was presented to Frederick C. Stavins, city [email protected] or Joe McCoy, IML Legislative Director attorney for the City of Champaign. at [email protected] or (217) 525-1220.

6 Illinois Municipal Review | April 2018 Olmsted Lock and Dam

Meeting Tomorrow’s Challenges Today

By U.S. Army Corps of Engineers, Louisville District

The Locks and Dam 52 and 53 Replacement Project, known make it impossible to meet current traffic demands without as the Olmsted Locks and Dam, is under construction significant delays. between Illinois and Kentucky about 17 miles upstream from the confluence of the Ohio and Mississippi rivers. The Over the last five years, tonnages have averaged 90 million locks are complete, and the final shell that comprises the tons at Locks and Dam 52 and 79 million tons at Locks dam was set on the river bed in December 2017. Olmsted and Dam 53. The U.S. Army Corps of Engineers and the will replace locks and dams 52 and 53 and greatly reduce navigation industry, in a continuing effort to provide for tow and barge delays through the busiest stretch of river in the nation’s future navigation needs, will replace these America’s inland waterways. The Olmsted Locks and Dam aged facilities with one of the largest civil works projects are scheduled to be operational in fall of 2018. undertaken by the Corps.

The continuing growth in demand for water-borne This new locks and dam project is under construction near commerce on the requires periodic improvements the community of Olmsted, Illinois at River mile 964.4. in the waterways transportation infrastructure. Locks Construction of the Olmsted Locks and Dam Project was and Dams 52 and 53 located on the Ohio River between authorized by the U. S. Congress on Nov. 17, 1988, by Paducah, Kentucky, and Cairo, Illinois, were completed in passage of the Water Resources Development Act of 1988 1929. Temporary 1,200-foot long lock chambers were added (Public Law 100-676). later. The antiquated design and age of these structures

April 2018 | Illinois Municipal Review 7 The cost of this project is being tainter gates (a type of radial arm Delays ultimately raise the price equally shared by congressional floodgate used to control water of commodities that move on the appropriation and the navigation flow), a navigable pass section and a waterways. Total lockage time will industry. Industry pays a tax on fixed weir (an obstruction placed in a be reduced from five hours through diesel fuel, which goes to the Inland channel over which water flows). Locks and Dams 52 and 53 to less Waterways Trust Fund. The trust fund than an hour in the new project. It is then pays 50% of the cost, which is In a raised position, the wickets expected that delay times at locks estimated to be $2.04 billion. This (a type of gate) will maintain the and dams 52 and 53 will increase strategic reach of the Ohio River required navigable depths from as their traffic increases and their provides a connection between the the Olmsted project upstream to reliability decreases. Ohio, Tennessee, Cumberland and Smithland Locks and Dam. When Mississippi rivers. The area has been river flows are sufficient, the wickets Construction stages described as the “hub” of the Ohio can be lowered to lay flat on the river The project will be constructed using and Mississippi rivers waterway bottom and allow traffic to navigate several construction contracts: over the dam without passing system. Barge traffic moving between (1) Access Road/Resident the system and the through the locks. This reduces Engineer’s Office Ohio, Tennessee and Cumberland delays experienced by locking The construction of the road and rivers must pass through this stretch through the system. the office was the first construction of river. More tonnage passes contract for the project. The contract this point than any other place in Benefits was awarded November 1992, and America’s inland navigation system. The Corps of Engineers estimates construction completed June 1994. This is a critical reach of water from a that this project will produce average commercial navigation perspective. annual economic benefits to the (2) Lock Cofferdam nation of more than $640 million. This cofferdam was used to The Olmsted project will consist Operation and maintenance costs construct the locks and make of two 110-foot by 1,200-foot lock will be reduced. The new locks connection to the Illinois shore. The chambers located along the Illinois will operate more efficiently and contract was awarded in May 1993, shoreline. The dam will consist of will pass tows with fewer delays. and construction was completed

8 Illinois Municipal Review | April 2018 in December 1995, at a cost of (10) Demolition of Locks approximately $58 million. and Dams 52 and 53 (3) Prototype at Smithland When all the features of the Olmsted Locks and Dam Locks and Dam are constructed, Locks The prototype facility was and Dams 52 and 53 will be removed. constructed to verify the design of the dam and aid in the selection History of navigation of materials. Construction began improvements in 1994, and work was completed In 1885, the first Corps-built lock and in December 1995. The Corps is movable dam project on the Ohio conducting tests at this facility. River was completed at Davis Island near Pittsburgh, Pennsylvania. In (4) Locks 1910, by passage of the Rivers and The construction contract for the Harbors Act, Congress authorized twin 1,200-foot lock chambers the Corps of Engineers to upgrade, was awarded in December 1995 improve and maintain locks and and completed in March 2002 for dams on the nation’s navigable $271.5 million. waterways. This general authority (5) Bulkheads was used to construct a system of The construction contract to 51 locks and dams on the Ohio River fabricate the operation and plus improvements to Lock and maintenance bulkhead was awarded Dam 41 at Louisville, Kentucky. That in September 2001 for $24.2 million. system was completed in 1929 at a The installation of the operating cost of about $125 million. It provided bulkheads was completed in 2005. a minimum nine-foot deep channel (6) Lock Approach Walls for year-round navigation. Locks and The Corps awarded the contract for Dams 52 and 53 were the last two of the approach walls in September 1999 these projects completed. for $98.9 million. The approach wall work was completed in March 2004. The original dams were made of wooden wickets that were manually (7) Boat Ramp Relocation raised to hold back water during The Village of Olmsted boat ramp periods of low flow and dropped to has been relocated downstream of the river bottom during high water. its former location. The construction The adjoining 600-foot locks were contract for the new ramp was adequate until after World War II awarded in June 2001 and was when longer tows came into use with completed in October 2002. diesel-powered towboats. These (8) Buildings and Grounds towboats, which were capable of Operational buildings will be pushing 25,000-ton loads, soon could constructed on the service mound not operate efficiently through a adjacent to the locks. system designed for the less powerful steamboats. The system, completed (9) Dam in 1929, was obsolete and by the The dam was designed by Jacobs/ 1950s, the Corps of Engineers began Gerwick JV. The construction replacing these structures with a contract for the tainter gates and new system of modern high-lift locks navigable pass dam was awarded in and dams. The new system featured January 2004 to Washington Group/ 110-foot by 1,200-foot lock chambers Alberici. The construction of the dam and made water-borne transportation is scheduled for completion in 2020. more efficient by creating longer

April 2018 | Illinois Municipal Review 9 Olmsted Lock & Dam pools with fewer lockages. For walls protecting urban and agricultural Statistical Information example, the Markland Locks and Dam areas. Water-borne transportation project at river mile 531.5 replaced five is the most economical mode for Dam of the older structures. transporting bulk commodities such Type — Tainter gates and wickets as coal, grain aggregates, petroleum Dam Length — 2,596 feet The first modern structure was products and chemicals. The Ohio Type of Fixed Weir — Sheet pile cells Greenup Locks and Dam at Ohio River River navigation system saves Number of Navigable Pass Gates — 140 mile 341 with the locks becoming American consumers millions of Navigable Pass Length — 1,400 operational in 1959. It is important to dollars each year, while helping to Wicket Gate Length — 28 feet each note that these “modern” locks and conserve energy resources. Wicket Gate Width — 10 feet each dams are aging. As these projects Number of Tainter Gates — 5 age, necessary repairs become more For more information: Tainter Gate Height — 41 feet each frequent and more extensive, and Write: Department of the Army Tainter Gate Width — 110 feet each therefore, more costly. U.S. Army Engineer District, Louisville ATTN: CELRL-PA Locks P.O. Box 59 Location — Along Illinois bank Contrary to popular belief, these Louisville, Kentucky 40201-0059 Number of Chambers — 2 structures have no effect on flood Size — 110 feet by 1,200 feet levels. They neither reduce nor Call: 1-800-527-INFO (4636) Elevation of Lock Wall Top — 310 feet increase flood levels but are solely or visit: http://www.lrl.usace.army.mil Lock Sill Elevation — 261 feet intended to create navigation pools Type of Lock Gates — Mitering to provide required navigable depths. Content and images courtesy of U.S. Army Corps of Engineers, Louisville District. Height of Lock Gates — 62 feet Flood control is provided through a system of reservoirs on Ohio River Used with permission. Length of Lock Gates — 49 feet tributaries and with levees and flood How Navigation Locks Work Figure 1 shows a tow entering a lock chamber from the upper level. The lower lock gates are closed, the drain valve is closed, and the filling valve is open. The lock has filled to the level of the upper pool and the upper lock Figure 1 gates have been opened to allow the towboat to enter the lock.

Figure 2 shows the towboat in the lock. The upper lock gates have been closed, and the filling valve is closed. The drain valve is open, allowing water to drain into the Figure 2 lower river pool. The towboat is lowered as the water level lowers.

Figure 3 shows the water in the lock has reached the level of the lower river pool. The lower lock gates have been opened to allow the towboat to exit the lock. For an upbound tow, the process is reversed. Figure 3

10 Illinois Municipal Review | April 2018 About the U.S. Army Corps of Engineers Fun in Illinois! General George Washington appointed the first engineer officers of the Army on June 16, 1775, during the American Revolution, and engineers have served in combat in all subsequent American wars. The Army established the Corps of Engineers as a separate, permanent branch on March 16, 1802, and gave the engineers responsibility for founding and operating the U.S. Military Academy at West Point.

Since then, the U.S. Army Corps of Engineers has responded to changing defense requirements and played an integral part in the development of the country. Throughout the 19th century, the Corps built coastal April 2018 Festivals fortifications, surveyed roads and canals, eliminated navigational hazards, explored and mapped the Western frontier, and constructed buildings and monuments in the Nation’s capital. C2E2: Chicago Comic & Entertainment Expo From the beginning, many politicians wanted the Corps April 6-8 – Chicago to contribute to both military construction and works “of http://www.c2e2.com/ a civil nature.” Throughout the 19th century, the Corps supervised the construction of coastal fortifications Craft Beer Week and mapped much of the American West with the April 7-14 – Alton Corps of Topographical Engineers, which enjoyed a https://www.facebook.com/AltonCraftBeerWeek/ separate existence for 25 years (1838-1863). The Corps of Engineers also constructed lighthouses, helped develop jetties and piers for harbors, and carefully mapped the navigation channels. Boneyard Arts Festival April 12-15 – Champaign In the 20th century, the Corps became the lead federal http://www.boneyardartsfestival.org/ flood control agency and significantly expanded its civil works activities, becoming among other things a major provider of hydroelectric energy and the country’s leading Riverbend Earth Day Festival provider of recreation. Its role in responding to natural April 14 – Godfrey disasters also grew dramatically. http://greatriverroad.com/eventpages/ godfreyearthday.htm In the late 1960s, the Corps became a leading environmental preservation and restoration agency. It Belleville Ale Fest now carries out natural and cultural resource management April 21 – Belleville programs at its water resources projects and regulates www.belleville.net activities in the Nation’s wetlands. In addition, the Corps assists the military services in environmental management and restoration at former and current military installations. Wabash Ribberfest April 27-28 – Mt. Carmel The Corps has a presence in the Illinois cities of Shelbyville, Ottawa, Rock Island, Chicago, Hampton, http://ribberfest.com/wc-ribberfest/ Carlyle and Elwood, and along Illinois’ western boundary of the Mississippi River. Home Brew & Music Walk Excerpted from A Brief History of the U.S. Army Corps of April 28 – Belleville Engineers. To read the entire article, please see http:// www.belleville.net www.usace.army.mil/About/History/Brief-History-of-the- Corps/. April 2018 | Illinois Municipal Review 11 Illinois Rivers and Streams

By the Illinois Department of Natural Resources

How much do you know about Illinois’ rivers and streams? Along with the surface water runoff, rivers and streams Rivers and streams are deep-water habitats contained within receive sedimentation and other materials from the a channel. If water flows through the channel throughout watershed. Many rivers flood regularly, increasing the year, the river or stream is called a perennial stream. An productivity and enriching flood plains with rich sediment intermittent stream has water flowing only part of the year. and nutrients. Changes to the Mississippi and Illinois rivers, The smaller streams that feed into larger rivers and streams such as levees and locks and dams, have diminished the are called tributaries. natural flooding cycles and reduced productivity of these systems. So while flooding may be a problem for humans, it Illinois is bordered by 880 miles of rivers and has 87,110 is an important and natural process for rivers. miles of rivers and streams within its borders. The Mississippi River, Ohio River and are the bordering rivers The vegetation growing adjacent to flowing water provides of the state. The Mississippi River forms the western border shade to the water body, slows the rate of erosion and of Illinois in a 581 mile stretch of its course and as such is decreases the amount of silt flowing into the water. the longest river in the state. The flows entirely Characteristic plants growing in riparian zones in Illinois within our state and is the second longest river at 332 miles. include willows, cottonwood, sycamore, box elder, sedges, The Kaskaskia at 292 miles, Little Wabash at 237 miles and bulrushes, cattails, buttonbush and touch-me-not. Wabash at 230 miles round out the top five longest rivers within or along Illinois’ boundaries. With the constant flow of water, temperatures in rivers and streams vary. Stream velocity, the amount of water Every river and stream has a watershed or drainage basin, directly exposed to sunlight, and volume of water can that is, the total land area that provides water to the river or alter water temperature. stream. The Mississippi River is the largest river in the United States, and from its huge watershed it carries about 40% of As water flows over structures in the channel, aeration the rainfall runoff in the United States to the Gulf of Mexico. occurs. The amount of oxygen in water is called dissolved

12 Illinois Municipal Review | April 2018 oxygen. The addition of oxygen to and other European explorers of their Shawneetown had more business the water is important in providing time, these frontiersmen traveled by activity than any other city in the the oxygen needed for many canoe in Illinois for three reasons. First, United States west of Pittsburgh. aquatic organisms. Waters with high it was the best and most efficient way dissolved oxygen levels support a to find, establish and operate trade Rivers were important to our large variety of aquatic creatures. routes. Second, water provided them culture, too. The was with immediate access to their primary made famous by a collection of Life in a Stream means of income — beaver pelts. Last, poems written in 1914-1915 by Aquatic organisms are often rivers helped protect them from the Edgar Lee Masters. Although born categorized by where they live uncertainties of the wilderness. in Kansas, Masters was raised in in the water column. Crayfish, Lewistown, Illinois, near the Spoon mussels, and stonefly and mayfly Illinois’ recorded history began on River. His Spoon River Anthology larvae are examples of benthic, or June 20, 1673, with French explorers contains his impressions of the area bottom-dwelling, organisms. Pelagic Louis Jolliet (also spelled Joliet) and and its residents. organisms live in the water column Father Jacques Marquette. On that and may float or swim. Fishes, frogs, date, they paddled their supply- Ecological Importance turtles, water lilies and a variety of laden canoes past the rugged hills Hundreds of native species depend insects are pelagic. Surface-dwelling of present-day Galena in search of a on rivers and streams and their organisms include water striders, trade route to the Orient. Meanwhile, associated floodplain for their life’s duckweeds and adult dragonflies fur traders, frontiersmen and other requirements. These areas are also and damselflies. French explorers went about the extremely important as feeding business of settling what was to and resting areas for migratory The place organisms live within become the “Prairie State.” Forts, birds. Many of the river backwaters a stream or river is primarily such as Creve Coeur, St. Louis, historically found in Illinois have determined by how well they Kaskaskia and de Chartres, were built been drained or seriously disturbed. can handle water currents. Some by the French to protect their hard- More than half of the 87,110 miles organisms that live in swift water won discoveries. of streams in our state have been have adaptations that allow them to anchor to the substrate. Others seek out more protected areas in the water, like behind large rocks or in pools.

Historical Perspective The Ice Age had major impacts on Illinois and its rivers. Glaciers blocked and buried some rivers and created new ones. Some ancient rivers, such Water is the cornerstone of much of our recreation — from boating, as the Teays, Cumberland, Paw canoeing and fishing, to skiing, scuba diving and swimming. Paw and Ticona, no longer exist. The Missouri River once flowed in much of what is now the Mississippi The Ohio River was important to the degraded in some manner by River bed but was blocked and settlement of Illinois. In 1818 when dredging, damming, pollution, filled during the Kansas glacier and Illinois became a state, nearly all the siltation or the presence of exotic diverted to a new channel. The Teays population was in , plants, fishes or mussels. River was diverted south of the and much of it had traveled on the glacier and became the Ohio River. Ohio River. Shawneetown was the first Economic Importance permanent community and chief river Water is the cornerstone of much French fur traders were the first known port in eastern Illinois, being settled of our recreation — from boating, Europeans to set foot from Illinois’ once in 1806 and again in 1809. Due to canoeing and fishing, to skiing, water to her soil. Like Native Americans the salt springs 12 miles inland, in 1809 scuba diving and swimming. Fishing,

April 2018 | Illinois Municipal Review 13 hunting and trapping of aquatic life to their food habits and longevity. River. The river will never return to provide recreational opportunities Invasive exotic species, such as the presettlement conditions, but great and supplement the table with food zebra mussel and silver carp, cause advances have been made. and may provide fur for clothing. serious threats to native aquatic life. Many rivers and streams attract Vermilion ( Wabash ) tourists and support area businesses. Soils can be eroded and moved River Tributaries River corridors are used for shipping downstream by wind, rain or glaciers. The Middle Fork of the Vermilion River produce, manufactured goods and Though erosion is a natural process, is the only National Scenic River in other items. many human practices accelerate Illinois. The good water quality and the erosion process. More than 13.8 good instream habitat have resulted in Management Practices million tons of sediment are delivered a diverse fish community in this river. Management of streams and rivers to the Illinois River annually. Soil The Little Vermilion River is considered requires protecting habitat essential particles in water can kill bottom- to be a unique aquatic resource. to aquatic organisms. Activities within dwelling organisms, clog the gills the watershed greatly affect the of fishes and mussels and destroy Skokie River quality of water. Controlling erosion spawning habitat. Herbicides, The Chicago Botanic Garden in includes minimizing the amount of pesticides and other chemicals Glencoe, Illinois, is the site of a soil that is exposed to air and water. attached to soil particles can kill or demonstration project to restore a Conservation farm practices may severely injure populations of aquatic section of the Skokie River. Beginning include covering the soil, leaving crop organisms. Removal of sediment is around 1900, this river was altered residue or revegetating the area. costly. Navigational channels must be for agricultural purposes, relocated Protection of aquatic resources may periodically dredged to maintain an with a straightened channel and require zoning to prevent construction area for barges to travel. Destruction subjected to vast amounts of along river banks. Minimizing water of vegetation in a watershed may stormwater runoff due to the loss pollution from all sources can improve result in erosion and the filling of of wetlands upstream. Banks were water quality. a lake or reservoir. As a result, the covered with nonnative grasses. water body may have diminished Aquatic resources may be managed appeal for recreation and a Due to these disturbances, the river’s by enhancing the resource. In streams, decreased capacity for water storage, banks rapidly eroded. The channel wing dams may be built from the providing less water for human, widened and down cut, exposing bank. Water flowing across the wing agricultural and industrial use and for sewer and utility pipes. Water depths dam cuts a deep pool for fish on the flood storage. became extremely shallow resulting downstream side of the dam. Other in stress to aquatic species from such structures are placed in the bank Success Stories factors as increased temperature and to provide overhanging structures ​ decreased oxygen. Riffles, meanders for shade and spawning structures The Des Plaines River historically and deep pools were lacking. Several (catfish and smallmouth bass). supported an abundance of wildlife groups are working to restore a and fish species. By the early 1900s, section of the river in the Chicago Issues however, the lands along the river Botanic Garden. Their goals are to Illinois’ agricultural landscape were covered with homes and stabilize the eroding streambanks, impacts aquatic habitats. The factories. Sewage and sedimentation restore the riparian zone with native chemicals used to increase crop polluted the river. The number of plants and restore a balanced, production and decrease crop pests species and individual organisms functional stream channel. Public run off into lakes and streams. living in and along the river declined. education about the project and the Contaminants that enter the water Advances in water treatment, state plight of the river are also parts of column eventually enter fish flesh. and federal regulations and flood the plan. Often these contaminants make plain protection have led to improved Content provided by the Illinois fishes unfit to eat. Bottom feeders water quality. Some organisms have Department of Natural Resources. and large predatory gamefish returned to the area. Even organisms Reprinted with permission. www.dnr.illinois.gov. often concentrate large quantities that require good water quality of contaminants in their flesh due may be found in the Des Plaines

14 Illinois Municipal Review | April 2018 Is it a River or is it a Creek?

By Illinois Municipal League Review Editorial Staff

There are more than 100 rivers and creeks in Illinois. “A river is a natural flowing watercourse, usually freshwater, Everyone has heard of the Mississippi, Illinois and Ohio flowing towards an ocean, sea, lake or another river. In some rivers, but there are numerous smaller rivers and creeks, cases a river flows into the ground and becomes dry at the such as Cypress Creek, Sugar River or , that are end of its course without reaching another body of water. known only to those living in that area. Small rivers can be referred to using names such as stream, creek, brook, rivulet and rill. There are no official definitions Rivers and creeks come in varying sizes, but what makes for the generic term river as applied to geographic features, one a river and another a creek? although in some countries or communities a stream is defined by its size. Many names for small rivers are specific Merriam-Webster.com defines river as “a natural stream to geographic location. Sometimes a river is defined as of water of usually considerable volume,” and creek as “a being larger than a creek, but not always: the language natural stream of water normally smaller than and often is vague. Rivers are part of the hydrological cycle. Water tributary to a river.” generally collects in a river from precipitation through a drainage basin from surface runoff and other sources such Dictionary.com is a bit more descriptive with “a natural as groundwater recharge, springs, and the release of stored stream of water of fairly large size flowing in a definite water in natural ice and snowpacks (e.g., from glaciers). course or channel or series of diverging and converging Creek may refer to an inlet of the sea, narrower than a cove; channels” to define river, but very briefly defines creek as ”a a stream of small to medium size, may dry during elongated stream smaller than a river.” summers or drought; a narrow channel/small stream between islands such as in the Florida Keys.” According to the United States Board on Geographic Names (GNIS), U.S. Geological Survey (USGS), “All linear flowing The map on the following page, provided by the Illinois bodies of water are classified as streams in the GNIS. State Water Survey, illustrates general boundaries of major At least 121 other generic terms fit this broad category, . A watershed, or drainage basin, in this including creeks and rivers. Observers might contend that context is the land area that drains directly to a common a creek must flow into a river, but such hierarchies do not stream, river or lake. To download a full-size version of the exist in the Nation’s namescape. Near the USGS offices in map, please go to http://www.isws.illinois.edu/iswsdocs/ Northern Virginia, Little River flows into Goose Creek.” maps/ISWSMS2000-01.pdf.

While recognizing the difficulty with categorizing inland Rebecca Turner, Managing Editor, [email protected] or (217) 525-1220. bodies of water by their names, Wikipedia.com goes into more detail regarding both rivers and creeks: April 2018 | Illinois Municipal Review 15 90º 89º 88º

! ! ! East ! Scales Mound ! ! ! Apple Orangeville South !Antioch ! Winthrop Harbor Dubuque Warren Winslow ! River ! Beloit Durand ! ! Lake Rockton Zion Galena Nora Rock Davis ! Harvard ! ! ! Lindenhurst ! City ! Capron MCHENRY ! Roscoe ! Lena Cedarville ! !Wonder !Fox Lake JO DAVIESS ! ! ! Michigan Dakota Machesney ! Poplar Lake Gurnee ! Waukegan ! ! Park ! Grove McHenry ! Elizabeth Stockton ! Grayslake ! North Chicago ! WINNEBAGO Loves Park ! ! BOONE Woodstock LAKE ! Watershed Freeport ! Pecatonica ! ! Lake Bluff Pearl City Ridott ! Hanover ! ! Rockford Belvidere Crystal Libertyville ! ! ! ! Lake Forest STEPHENSON Winnebago ! Lake ! ! Wauconda ! German Valley Cherry Marengo Cary ! ! Vernon Valley Lake in Highland Park ! Lake Hills ! the Hills ! Zurich ! ! Algonquin Shannon Morristown ! ! ! Adeline Kishwaukee Northbrook ! Barrington ! Forreston Byron Buffalo Chicago/ Major ! ! ! ! Palatine Grove CARROLL Genoa Hampshire ! ! Lanark Leaf River ! ! Kirkland ! ! Carpentersville ! Davis ! ! Gilberts Arlington Heights ! Stillman ! ! Savanna Junction Kingston Hoffman Mount Glenview Mount Valley ! ! ! Estates Prospect Calumet ! Carroll Mount ! Pingree ! ! Des Plaines Morris Burlington Grove ! ! Skokie OGLE Elgin Streamwood Elk Grove ! ! ! Chadwick Oregon! ! ! Park 42º 42º Polo Schaumburg Village ! ! Ridge Thomson Hanover Park Watersheds ! ! Hillcrest ! Carol Glendale Milledgeville DeKalb Addison Creston Malta KANE Stream Heights ! ! ! ! Cortland ! ! ! ! Maple Park ! Rock Rochelle ! St. Charles ! Elmhurst ! Coleta ! ! Oak Park ! DEKALB Geneva ! DUPAGE ! Chicago Elburn Wheaton Lombard ! Ashton ! ! Berwyn ! Steward! Batavia !! Lake ! Dixon Franklin Grove Cicero Morrison! Sterling ! Lee! Des Plaines! ! Naperville Michigan of Illinois ! Nelson Fox ! Downers Grove Waterman ! ! ! ! Albany WHITESIDE ! Aurora ! ! Rock Falls Hinckley Sugar Grove Woodridge Harmon LEE Oak Lawn Lyndon ! ! ! Amboy ! ! Illinois State Water Survey Compton Boulder Hill Bolingbrook ! West Brooklyn ! ! ! ! ! Cordova Erie ! Plano ! Paw ! Oswego Romeoville Prophetstown Sandwich Yorkville ! Tampico Sublette! Paw Somonauk ! ! ! ! ! ! ! Hillsdale ! ! Plainfield COOK Calumet Port Byron Deer ! Earlville ! Leland City 91º ! Grove Walnut Millington ! Hampton ! ! Mendota ! Rapids City ! KENDALL Arbury Hills Ohio Mokena ! ! Hooppole La Moille ! ! Shorewood ! ! East Moline ! New ! Sheridan ! Joliet Newark ! Park Chicago Rock Island ! Silvis Bedford ! ! Frankfort ! ! ! Moline ! ! Forest Heights Lisbon Rockdale New ! Arlington ! Carbon !! ! Troy Grove Lenox Colona ! Cliff ! ! BUREAU ! ! ! Milan Green Geneseo Manlius Minooka Crete ! Cherry LA SALLE !Channahon ! Rock Dover ! ! ! Andalusia Oak ! ! Malden Elwood ! Coal Green ! Manhattan Grove ! Monee Valley Mineral Ladd ROCK ISLAND HENRY ! Princeton ! Morris Annawan Wyanet Seatonville ! Orion ! ! ! ! Dalzell La WILL ! ! ! Ottawa ! Peotone ! Beecher Reynolds Sheffield Hollowayville Salle ! Marseilles Symerton ! ! Sherrard Spring Peru ! Utica ! ! Seneca ! ! ! Buda ! Valley ! ! ! Cambridge De Pue Naplate ! ! Tiskilwa ! Wilmington ! ! ! ! Carbon Hill Andover Bureau ! Oglesby Mississippi Matherville Neponset Junction Mark ! ! Standard GRUNDY Central ! ! ! Hennepin ! Grand Ridge City Braidwood ! ! ! ! ! River Valley Granville ! Kankakee Grant Park Tonica Verona Joy Aledo Viola Alpha Kewanee ! ! Mazon Braceville ! ! ! Bishop Hill ! Windsor ! ! ! New Woodhull PUTNAM ! ! Gardner Momence ! ! Essex ! ! Boston Galva Bradford ! ! ! Bourbonnais ! Leonore Kinsman ! Ransom ! South ! Bonfield McNabb ! ! ! MERCER ! Wilmington Bradley Lostant Clark City ! ! Sun River Terrace Rio Altona La Fayette Kangley ! Streator Kankakee Keithsburg ! ! ! ! Magnolia ! ! ! STARK Henry ! ! KANKAKEE ! ! ! Reddick ! Seaton North Henderson Oneida South Streator Dwight Aroma Park ! ! ! Toulon MARSHALL Buckingham Irwin ! Wyoming Wenona ! ! ! ! Pembroke Alexis Victoria Varna Campus ! Henderson ! ! ! Herscher St. Anne Little York ! ! Wataga Sparland ! ! ! Lacon Odell Chebanse 41º 41º Toluca ! Cabery ! ! ! Papineau ! Emington ! La Rose ! Rutland ! Galesburg KNOX ! ! ! Clifton ! ! Beaverville East Galesburg Princeville Dana ! WARREN ! Washburn LIVINGSTON ! ! ! ! Kempton ! ! PEORIA Chillicothe Martinton Monmouth Knoxville Williamsfield ! Saunemin Ashkum ! Minonk Flanagan Pontiac ! ! Gladstone Kirkwood ! ! ! ! Donovan ! Biggsville ! Dunlap Rome ! ! Benson Cullom Brimfield ! Spoon ! Vermilion Gulf Port ! HENDERSON ! Spring Bay ! Roanoke Crescent Maquon ! Germantown ! Panola Sheldon Media Abingdon Yates ! ! City ! ! ! ! ! Peoria Hills ! ! City Illinois ! Metamora WOODFORD ! Gilman Watseka ! Elmwood Heights (Illinois Basin)! ! El Paso ! ! ! ! ! !Roseville Secor ! Piper City Stronghurst St. Augustine Eureka Forrest Chatsworth IROQUOIS ! ! River Valley ! Gridley Chenoa Fairbury Onarga! ! Norwood Peoria Washington Lomax ! ! ! ! Woodland ! Raritan London Mills ! Hanna City Bellevue! ! Avon Strawn Thawville ! ! East Peoria Mackinaw ! Dallas City ! ! Bartonville ! ! ! Ellisville ! Creve Coeur Milford ! ! ! Deer ! Roberts Pontoosuc Prairie Norris ! North ! Iroquois Fairview ! Creek ! City Pekin ! Morton ! Melvin Buckley Glasford ! Carlock Colfax Anchor Sibley ! Nauvoo Good Hope ! Mapleton Towanda ! ! ! ! Blandinsville! ! ! ! ! ! Wellington La ! Pekin ! Bushnell ! Canton ! ! Cissna Park Harpe Sciota Tremont ! Banner Kingston ! ! Cooksville ! Loda Marietta ! ! FORD Bardolph ! Cuba Mines South Mackinaw Danvers Normal ! ! Dunfermline ! Ferris St. David! ! Pekin ! ! Smithfield Bloomington ! Macomb ! ! ! ! Rankin ! ! Arrowsmith ! Elliott Hoopeston TAZEWELL ! ! Gibson City Paxton FULTON Bryant Stanford Saybrook Carthage Hopedale ! ! MCLEAN ! ! ! ! Ellsworth Hamilton MCDONOUGH Minier ! ! Manito ! Downs Rossville Lewistown! ! ! Elvaston Liverpool ! Green Valley ! Ludlow ! Table Grove ! ! Warsaw ! Ipava Le Roy ! VERMILION Basco ! Bentley ! Forest Delavan Armington ! ! Industry Topeka ! ! Foosland La Moine ! ! City McLean ! Rantoul ! !Heyworth Bellflower Fisher ! ! Vermont ! Emden Gifford HANCOCK Plymouth ! ! ! ! Vermilion San Jose Havana ! Hartsburg ! West Point Farmer City Thomasboro Augusta Littleton ! ! ! ! ! ! Astoria Easton Atlanta ! Bowen ! ! Wapella Mansfield ! ! (Wabash Basin) Waynesville Mahomet ! Mason ! ! ! ! MASON De Witt Lima Bath City ! New ! Loraine DE WITT CHAMPAIGN Royal ! La Prairie Camden SCHUYLER Holland LOGAN ! ! Kilbourne ! Vermilion Danville ! ! ! Browning Lincoln Muncie Heights! ! Clinton Weldon De Land Urbana St. Joseph ! ! !Rushville ! ! Champaign ! ! ! ! ! Golden ! ! ! ! Central Mendon ! Ogden Fithian Oakwood ! Oakford ! ! Tilton Park ! Middletown Bondville Broadwell Kenney ! ! ! ! Ursa ! Fairmount Coatsburg ! ! Greenview PIATT Homer ! Catlin Belgium ! ! Savoy Sidney ! ! BROWN Maroa ! Monticello ! 40º Camp Point Ripley ! Chandlerville Philo 40º Clayton ! ! Beardstown Petersburg ! MENARD ! Cisco ! ! Georgetown M Mound ! Sangamon ! ! ADAMS Columbus Mount Sterling ! Station CASS Athens ! ! ! Williamsville Argenta Ivesdale Tolono I ! ! Tallula ! ! Indianola Quincy ! Cantrall Warrensburg Forsyth Oreana Sadorus ! La Grange Virginia ! ! ! ! Bement S Pesotum Sidell ! ! ! ! Allerton ! Ridge Farm Broadlands ! Versailles ! ! S ! Illinois ! Arenzville ! Sherman MACON Cerro Longview ! Ashland ! ! Pleasant Spaulding ! Illiopolis Niantic Gordo ! Liberty Plains ! Decatur Villa Grove River Valley ! ! Buffalo ! ! ! ! I Payson Riverton ! ! Meredosia Concord ! Dawson Harristown S I ! Hume Chrisman ! ! Long Hammond Tuscola Newman ! ! ! Clear ! ! ! ! Camargo ! Metcalf ! Plainville Perry Springfield ! Creek ! Atwood ! Chapin Lake Mechanicsburg ! Garrett ! Berlin ! Bluffs ! ! ! Jacksonville ! ! Mount Zion ! Mount Auburn Wabash Hull Baylis ! Naples Brocton ! Griggsville ! ! Southern Rochester Dalton City Lovington ! DOUGLAS ! P Exeter South ! New Berlin ! ! ! ! Barry New Salem ! ! ! MORGAN View Macon Arthur ! Jacksonville ! Blue Arcola ! River Valley Kinderhook Valley ! Loami Chatham Mound ! P ! ! City Lynnville Edinburg Hindsboro New Canton ! ! EDGAR ! SCOTT Stonington ! MOULTRIE ! I ! Oakland ! PIKE Detroit ! ! ! Franklin SANGAMON ! Florence Winchester Woodson ! ! Moweaqua Bethany Redmon ! ! Humboldt El Dara Pawnee ! ! Paris R Auburn Bulpitt ! Pittsfield ! ! ! !! ! Murrayville Kincaid CHRISTIAN Sullivan Kansas Milton Alsey Waverly Divernon ! Vermilion I ! ! ! ! Taylorville ! Glasgow! Thayer ! ! V E Time ! ! Grandview Manchester ! Assumption Allenville ! Findlay ! COLES Ashmore ! ! Wilmington Roodhouse Virden Owaneco ! ! Scottville ! ! Pleasant Pearl ! !Modesto Mattoon Charleston R Palmer ! Hill ! ! Westfield ! Nebo ! ! White Hall Palmyra Girard ! ! SHELBY ! ! ! Lerna Hillview Morrisonville Windsor ! Farmersville ! Marshall Nilwood Pana ! ! ! ! Shelbyville ! Standard ! Hettick Strasburg ! City Waggoner !Harvel Tower Hill ! Martinsville GREENE ! ! Ohlman ! 91º CALHOUN ! Neoga Raymond Wenonah ! ! Kampsville Greenfield ! ! ! Oconee ! Casey CLARK ! Macoupin ! Nokomis ! Eldred Rockbridge ! CUMBERLAND Carrollton ! Carlinville ! MONTGOMERY ! Coalton Stewardson ! ! Cowden Toledo Greenup ! Witt ! ! ! Chesterfield Sigel Hamburg Herrick ! Jewett ! ! Kane Butler ! Beecher ! ! Irving Embarras Medora ! ! ! City ! Montrose MACOUPIN Litchfield ! Schram City Shumway ! ! Hardin! Fidelity ! Hidalgo ! Royal East Gillespie Hillsboro Ramsey Teutopolis ! ! ! ! Yale Jerseyville Shipman ! Taylor ! Hutsonville Fieldon ! ! Lakes Gillespie Fillmore ! Rose Hill ! ! ! Eagarville Springs ! ! ! ! Bingham Benld! Effingham ! ! Coffeen JERSEY ! Mount ! ! Dorchester Walshville ! EFFINGHAM Batchtown ! Olive ! ! ! ! Panama Altamont Dieterich JASPER Otterville Brighton ! ! Wheeler Robinson ± ! ! Watson Oblong ! ! 39º Bunker Hill Staunton FAYETTE Willow Hill ! 39º ! Donnellson St. Elmo ! ! ! ! ! Palestine ! Williamson Stoy ! Sorento Grafton Mississippi ! ! Brownstown Mason Newton ! ! ! Elsah New ! CRAWFORD Livingston Kaskaskia Vandalia ! Brussels ! Douglas River Valley ! ! Worden Mulberry Grove Edgewood Ste. Marie ! ! East ! Old Ripley Alton Bethalto ! Greenville ! Flat Rock # Alton ! ! ! ! ! Rosewood Heights Pittsburg Smithboro ! Communities ! Wood River Hamel Alhambra St. Peter ! Iola ! ! Roxana Grantfork Birds ! ! Farina ! ! ! Edwardsville ! BOND Hartford ! MADISON Russellville Major Rivers Pocahontas ! Vernon ! CLAY Glen ! Kinmundy Sailor Springs LAWRENCE Marine Pierron ! ! Carbon Louisville ! Pontoon ! Keyesport ! Lawrenceville Lakes > 50 acres ! ! ! Olney! Claremont ! Beach ! ! Patoka Alma ! ! ! Highland ! Maryville Troy Sumner ! ! Granite City St. Jacob ! RICHLAND Bridgeport ! Madison Collinsville Noble ! Calhoun CLINTON ! East St. Washington Park MARION Xenia ! ! ! St. This map illustrates general boundaries of major watersheds of Louis! Breese ! Iuka Little Caseyville ! ! Wabash Francisville Lebanon Trenton ! ! Sandoval Parkersburg Shades of blue and green indicate watersheds O'Fallon ! ! ! Carlyle ! ! Huey Salem ! ! ! Illinois. A watershed, or drainage basin, in this context is the land ! Centreville Aviston ! River Valley Germantown Junction City Cahokia ! West Shiloh ! Central ! Wabash New Baden Bartelso ! Salem ! area that drains directly to a common stream, river, or lake. ! ! ! Hoffman City Mount Erie ! in the Upper Mississippi River basin. Watersheds Swansea ! ! ! ! Wamac ! Cisne Allendale Belleville Mascoutah ! Johnsonville Watershed boundaries shown on this map were drawn from land ! Damiansville ! Kell Walnut! Hill Millstadt New EDWARDS ! Jeffersonville ! ST. CLAIR Minden Hoyleton ! WABASH shown in shadessurface of topographic green mappi areng; maplocated features are in accurate the onlyIllinois to the ! Okawville ! ! ! ! Dix ! Bone Mount ! Columbia ! Gap scale of the source mapping. Additionally, artificial drainage ! Venedy Irvington WAYNE Bellmont Carmel Smithton Freeburg ! WASHINGTON! ! ! Golden ! ! ! ! Albion Fayetteville Addieville Gate River basin. Shadesstructures such of as yellow canals may conveyand waterbrown across topographicindicate ! Nashville ! Sims Fairfield ! Browns ! St. Libory Richview ! Keenes ! Keensburg ! Waterloo ! Bluford ! ! Woodlawn ! Mount Vernon ! Wayne watershed boundaries in some areas (not all shown on this map). Hecker New Athens ! ! Ashley City ! watersheds in the Ohio River basin. The Cache Lenzburg Mill Grayville Oakdale ! Belle Shoals ! Marissa JEFFERSON ! ! R ! Rive Maeystown MONROE Du Bois ! Belle Prairie City Burnt On this map, shades of blue and green indicate watersheds in the ! ! Waltonville ! E ! ! ! Prairie Tilden !Bonnie Dahlgren River drains to both the Mississippi and Ohio Red Bud Baldwin ! Coulterville Upper Mississippi River basin. Watersheds shown in shades of ! ! Springerton ! Crossville V Fults ! ! Ina I ! ! Big Muddy! green are located in the Illinois River basin. Shades of yellow and ! HAMILTON Ruma ! Phillipstown R Rivers. Land draining to (Great Sparta Tamaroa WHITE Sesser Ewing ! ! ! brown indicate watersheds in the Ohio River basin. The ! ! ! ! Evansville ! Enfield Carmi Prairie Pinckneyville PERRY McLeansboro Macedonia du Rocher ! H drains to both the Mississippi and Ohio Rivers. Land draining to RANDOLPH ! Lakes basin) is shaded pink. Drainage in Chicago Percy ! Cutler Ellis Grove ! Valier! FRANKLIN Maunie S 38º ! Steeleville! Du Quoin ! 38º Lake Michigan (Great Lakes basin) is shaded pink. (Drainage in ! ! ! West City A Willisville North City! Calumet watershedChicago/Calumet area watershed is engineered area is engineered toto flow flow to the Illinois to ! Hanaford New Christopher Saline! B ! Kaskaskia ! Thompsonville Haven ! Campbell Hill Dowell Orient ! Broughton ! River basin under most circumstances.) Communities are displayed ! Vergennes Zeigler ! Chester ! ! ! ! West ! ! Royalton Omaha Ava Elkville ! Frankfort the Illinois River basin under most circumstances. Freeman Spur on this map as space allowed. ! Rockwood Galatia WA ! ! Raleigh ! De Soto Johnston City Eldorado ! Herrin ! ! Ridgway 90º ! ! Cambria Map compiled by Sally McConkey, Kathy Brown, and Phil Graff. Murphysboro ! Energy Muddy ! ! ! GALLATIN Crainville ! Spillertown ! ! Equality Junction Carbondale Harrisburg ! ! ! ! !Gorham ! Marion Shawneetown ! JACKSON ! Carrier Mills Old 88º Shawneetown Grand SALINE Tower WILLIAMSON Illinois State Water Survey ! Makanda !Creal Springs http://www.isws.illinois.edu ! ! Stonefort ! 217-244-5459 ! Alto Pass New Burnside ! Goreville Cobden ! Eddyville ! Cave-In- University of Illinois HARDIN Rock UNION Cache ! ! Buncombe ! Elizabethtown ! ! http://www.illinois.edu ! Simpson Jonesboro Anna Rosiclare JOHNSON POPE !

Dongola Cypress ! ! ! Golconda Mill Creek ! Belknap! MODIFIED GEOGRAPHIC INFORMATION SYSTEM THEMES East Cape ! ! Hydrologic Unit and Watershed Boundaries: U.S. Department of Agriculture, Natural Girardeau Ullin ! Karnak MASSAC New Grand Chain Resources Conservation Service, National Cartography and Geospatial Center, 2009. ALEXANDER ! Scale 1:24,000. Tamms ! Major Rivers: U.S. Geological Survey Digital Line Graph file, Hydrography layer, ! Thebes PULASKI Ohio ! ! 1980-1986. Scale 1:250,000 Pulaski Olmsted Joppa Olive Branch ! River Valley Lakes: Illinois Environmental Protection Agency, 1996. Scale 1:100,000. ! Metropolis ! Communities: Illinois Department of Natural Resources, Illinois Geographic Information Brookport Hamletsburg ! ! System, 1996. Point locations are approximately the center of the community. Mounds! R Scale 1:720,000 ! I O I V Mound E City H R 05 10 20 30 40 Cairo 37º ! O 37º MAP SERIES 2000-01 Miles Revised 01/11 89º

16 Illinois Municipal Review | April 2018 Potato-wrapped Silverfin with creamed leeks and a fire-roasted tomato emulsion.P hoto credit: University Housing, University of Illinois at Urbana- Champaign.

“Can’t Beat ‘Em, Eat ‘Em!”

Why Asian Carp Can be a Great Source of Food and Boost Illinois’ Economy

b y Evelyn Sanguinetti, Illinois Lieutenant Governor, Chair, Illinois River Coordinating Council

A few months ago, I had the unique opportunity to taste harvesting will not only benefit the economy, but also the a three-course meal of Asian Carp, created by Chef Eric multi-million dollar federal efforts to keep Asian Carp out of Seiler with University Dining at the University of Illinois at the Great Lakes. Urbana-Champaign. Asian Carp and the Great Lakes The feast was hosted by the university and partially For over two decades, the State of Illinois has partnered organized by a well-known chef from Louisiana, Philippe with local, state, federal and international partners to keep Parola. Chef Parola is a Frenchman whose mission has been Asian Carp from establishing a breeding population in the to find creative ways to help reduce the population of the Great Lakes. Our efforts have been so successful that we invasive species. Chef Parola’s motto: “If you can’t beat ‘em, have kept the leading edge of Asian Carp migration in the eat ‘em!” same place it has been since 1991 — in the Dresden Island Pool — over 47 miles from Lake Michigan. In fact, since 2012, I couldn’t agree more. in partnership with contracted commercial fishermen, Illinois Asian Carp — known by the food connoisseur community as has removed over 6.3 million pounds of Asian Carp from the Silverfin — are filter feeders. This means the meat is clean, upper Illinois Waterway resulting in a 93% reduction of carp nutritious . . . and delicious! According to health experts, in the Dresden Island Pool. Silverfin is a great source of food because it is low in sodium While we have been successful over the last 27 years, many and high in vitamin B12, selenium, protein, phosphorous and have advocated for the construction of a new, $300 million Omega-3 and Omega-6 fatty acids. U.S. Army Corps of Engineers (Corps) project at the Brandon This healthy food source is in ample supply in the Illinois Road Lock and Dam in Joliet, Illinois. As Chairman of the River, and it is incumbent on our policy makers to start Illinois River Coordinating Council, I have many concerns seeing this fish as a commercially viable resource whose with this project — not the least of which is Illinois taxpayers

April 2018 | Illinois Municipal Review 17 would be on the hook for $100 Can’t Beat ‘Em, Eat ‘Em instigator in encouraging Louisiana million in construction costs and an At the University of Illinois culinary to become involved in the project. He estimated $10 million annually in event called “Catch to Course,” an spent years driving back and forth operation and maintenance costs. ongoing alliance among the Illinois between Illinois and Louisiana to In addition to these direct costs, Department of Natural Resources, bring this concept to fruition. hundreds of millions of dollars in Louisiana Department of Wildlife and For Louisiana, stopping the spread indirect costs have been estimated by Fisheries, and the University of Illinois of Asian Carp in their waterways economists and ecologists who have was highlighted to advocate for the is critical. studied the topic. Nonetheless, as human consumption of Asian Carp as the Corps considers all options in the a healthy food source in America. My friend and colleague, Louisiana Lt. fight to keep carp out of the Great Gov. Billy Nungesser, a key partner, The event featured two delicious Lakes, I will work diligently to protect said that if left unchecked, the Asian dishes of Silverfin. The meal’s first Illinois taxpayers and mitigate our Carp will devastate Louisiana’s course consisted of seared Silverfin economic and ecological concerns, multibillion-dollar seafood and cakes with fried green tomatoes, while keeping Asian Carp out of the fisheries industries. Louisiana is Cajun remoulade and smoked Great Lakes. This includes the “Can’t famous for its oysters, crawfish, Silverfin croutons. The main course Beat ‘Em, Eat ‘Em” strategy. shrimp, blue crab, and different was potato-wrapped Silverfin with varieties of fresh- and saltwater fish. Dan Stephenson, Chief of Fisheries creamed leeks and a fire-roasted of the Illinois Department of Natural tomato emulsion. We finished the A Robust American Resources, believes the best way meal with an orange and blueberry Market? to have a positive effect on our bread pudding with creme Anglaise Imagine the possibilities if Asian aquatic resources is to expand our (a light pouring custard) and candied Carp caught fire as an American efforts to remove the invasive fish orange, created by Pastry Chef Sheila food source and became highly through commercial means. We Albers. My personal favorite was the marketable. Imagine the positive need to “sell them to the markets for Silverfin cake because they reminded ecological and economic impacts human consumption, understanding me of crab cakes. this could have for both states. It’s a win-win: we decrease the invasive carp population, and we create jobs in the fishing industry. By building awareness, we encourage more fishermen to sell it, increase its demand and become financially viable. Currently, fisherman sell Asian Carp at 10 cents per pound. They are Seared Silverfin cakes with fried green tomatoes, Cajun remoulade and hoping to increase the demand and smoked Silverfin croutons. Photo credit: University Housing, University of Illinois at Urbana-Champaign. the price to 30 cents per pound.

Clint Carter, co-owner of Carter’s additional by-products will also be In addition to increasing public Fish Market in Springfield and a valuable as other protein products, awareness, the event and University business developer for Silverfin liquid fertilizers, pharmaceuticals, or of Illinois-led collaboration also Group Inc., recently informed me as high-quality pet treats and feeds,” focuses on encouraging fishermen that 10 cents per pound barely he said. to harvest and sell this healthy fish covers the cost and will discourage at local markets and to restaurants younger generations from pursuing “Working with the University of throughout the country. To maximize a career in the fishing industry, while Illinois, the State of Louisiana and its potential as a food source, we must 20 cents per pound would bring Chef Parola to promote the value as do more events like this to promote some financial stability to people premium table fare for the students the consumption of Asian Carp. who already have the equipment at this university is a first important and experience. At 30 cents per I’m particularly thankful for Chef step in such a venture,” he added. pound, people would gain the Parola’s efforts as he was the main

18 Illinois Municipal Review | April 2018 Municipal Calendar

APRIL MARCH MAY SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 22 23 24 25 26 27 28 25 26 27 28 29 30 31 27 28 29 30 31 29 30

Lt. Governor Evelyn Sanguinetti, center, with guests at April 2017 the event called “Catch to Course” held in January at the University of Illinois at Urbana-Champaign. Illinois and NOTE: For purposes of this calendar, it is assumed the fiscal year Louisiana have been partners for several years in a project begins May 1, as it does in most municipalities. Some municipalities, to advocate for the human consumption of Asian Carp as however, may have adopted a date different from May 1 for the a healthy food source in America. Photo credit: University Housing, University of Illinois at Urbana-Champaign. beginning of their fiscal year. (65 ILCS 5/1-1-2(5).) If so, this calendar must be adjusted to reflect that specific fiscal year. incentive to get special permits and get the fish tested for Between the 1st and the 10th of April of each year, the city collector shall food purposes. file with the clerk a statement of all the money collected by him or her during the year, the particular warrant, special assessment or account on “I believe if you increase the value to 30 cents per pound which collected, the balance of the money uncollected on all warrants in you will create many opportunities for many people the collector’s possession and the balance remaining uncollected at the time of the return on all warrants that the collector returned to the clerk throughout the Mississippi River basin. There are very few during the preceding fiscal year. Within 10 days, the clerk shall publish commercial fishermen under 50 years old, and most are over the statement at least once in a newspaper published in the municipality, 60. It’s not an industry that any of them would recommend or with a newspaper with a general circulation within the municipality. In younger people get involved with. Thirty cents would municipalities with less than 500 in population, the statement need only be posted in three prominent places in the municipality. (65 ILCS 5/3.1-35-125.) change all of that and give people opportunity to fish away Unless otherwise provided by ordinance, the municipal fiscal year begins on a problem,” Carter explained. May 1. The fiscal year for municipalities with 500,000 or more inhabitants begins January 1. (65 ILCS 5/1-1-2(5).) People from all over the world eat Asian Carp. In China, the most populated country in the world, Asian Carp is farm In commission form municipalities, councils must meet and appoint officers and assign departments at the first meeting after their election or as soon raised and is a major source of food. Unfortunately, Chinese as practicable thereafter, except where candidates for commissioner are companies only purchase live Asian Carp. It wouldn’t be cost required to run for a specific office. (65 ILCS 5/4-5-3, 4-5-4.) effective for Illinois to ship live fish there, Carter said. In municipalities that have established a house of corrections, the quarterly report by the board of inspectors of the house of corrections must be made Where to eat ‘em and filed with the corporate authorities. (65 ILCS 5/11-4-5.) Here are some places selling or serving Silverfin cakes (my A person subject to the filing requirements of the Illinois Governmental favorite), which became available to the market last month. (If Ethics Act must file a statement on or before May 1 of each year, unless he/ your restaurant or business is not listed here, please let us know): she has already filed a statement in relation to the same unit of government  University of Illinois at Urbana-Champaign University in that calendar year. (5 ILCS 420/4A-105.) Dining On or before the 15th of May of each year, and before the annual appropriation ordinance is prepared by the corporate authorities, the  Sysco Central (They also sell Carp fillets and whole comptroller shall submit an annual report and estimate of expenses to the Asian Carp) council or board. In this report, the comptroller shall classify the different  Carter’s Fish Market, Springfield objects and purposes of expenditure giving the amount required for  Westwood Lodge Pub & Grill, Springfield each, show the aggregate income of the preceding fiscal year, show the amount of liabilities upon which interest is to be paid, show the bonds and  Cooper’s Alleyside, Springfield debts payable during the year, and give any other information that the  Taqueria Moroleon, Springfield comptroller deems necessary. (65 ILCS 5/3.1-35-115.)  Boar’s Nest Bar & Grill, Athens The annual budget must be passed before the start of the fiscal year by  Jalyrih Grill and Catering Soul Food, Decatur municipalities that have adopted the Optional Budget Officer System (65 ILCS 5/8-2-9.1 through 8-2-9.10) in lieu of the Appropriation Ordinance Evelyn Sanguinetti is Lieutenant Governor of the System. (65 ILCS 5/8-2-9.) The annual appropriation ordinance or budget, State of Illinois and serves as Chair of the Illinois River as well as an estimate of revenues anticipated to be received by the Coordinating Council. For more information on the Illinois municipality in the following fiscal year, must be filed with the county clerk River Coordinating Council, please visit https://www2. within 30 days of the adoption of the appropriation ordinance or budget. illinois.gov/ltg/councils/IRCC/Pages/default.aspx. (35 ILCS 200/18-50.) April 2018 | Illinois Municipal Review 19 EDUCATe. Advocate. RISK Management EmpoWer. Parade Safety

12 Things to Include in Parade Safety Plans

By IML Risk Management Association (RMA) — Loss Control

The approach of spring and summer get us thinking of 2. Key Contacts — Develop a master list of local officials fairs, festivals and parades — events that we have enjoyed and staff who will be involved in planning and coordinating in the past and look forward to in the future. Families enjoy the event. These people can include key municipal the activities and entertainment provided by their local department heads, railroad officials (when crossing communities. Special events allow people to bond and railroad tracks), hospitals and emergency professionals. give local businesses the opportunity to reach out to new customers. If you have ever been involved in coordinating 3. Create a written safety plan and emergency a special event in your municipality, you know how much response plan — Imagine all of the worst case scenarios work is required to make it look easy. It takes cooperation that could occur, taking in variables such as location, route and a lot of work behind the scenes to make an event run of travel, time of day, the possibility of extreme weather, seamlessly. malfunction of floats, emergency response to the event and accessibility issues. Make a contingency plan for all of the And that leads us into our topic this month: parade safety. identified issues. Review the plan and make copies available The RMA risk management and loss control teams are here for key municipal employees and parade participants. to help you avoid the pitfalls commonly associated with claims, and help your community enjoy the fruits of a well- 4. Route — Route maps and emergency detour maps organized event. should clearly delineate street closures. Route planning should pay special attention to regulations around 12 Things to Include in hospitals, schools and jails. Parade organizers should Parade Safety Plans notify residents and businesses along the parade route of the event and the possibility of street closures well in 1. ReGULATIONS and requirements — An online advance. Before the event, inspect and repair as necessary or physical “one stop shop” for municipal ordinances, the roadway and sidewalks to accommodate foot traffic. permit applications, regulatory guidance, key contact information and related items can help citizens obtain 5. Vehicles — Local police officials can assist in all pertinent information for special events. determining and regulating a speed limit for parade

20 Illinois Municipal Review | April 2018 vehicles and safety guidelines for regulations that may need to be 11. Insurance — Parade types and sizes of vehicles allowed addressed: alcohol consumption organizers should offer proof of to haul floats and passengers. prior to and during participation insurance on vehicles and drivers in the parade, prohibited items participating in the parade. Municipal 6. Drivers — Operators of vehicles including firearms and weapons, officials should determine if the must have a valid driver’s license in noise abatements and throwing organizers participating in and order to operate a moving vehicle items such as candy from the floats. coordinating the parade need to — obvious one right? But aside from provide additional insurance. that, there may be some additional 8. Animals — If animals are guidance to promote safety and included, identify the species, 12. Debris Removal — training for drivers — especially quantity and health of the Hopefully not to include too those pulling the extra length and participating animals. Precautions much animal waste. load of a large float. A pre-parade should be taken within parade float safety inspection should be line-ups to ensure animals are well It is sometimes tempting to celebrate conducted to ensure that all vehicles cared for and are not startled by a big win with our local sports teams are safe for use. Do not allow other participants or noises that by holding an impromptu parade to decorations to obscure the view of could cause a public safety hazard. welcome them back home. While the vehicle operator. Make sure that this can be a unifying community flammable materials are not able 9. Organize an area for event, it can also be dangerous. to come into contact with exhaust assembly/disassembly and RMA recommends that no one be systems. You may want to require parking for your participants. allowed to ride on equipment that floats to carry a fire extinguisher. is not designed for such use. This By IML Risk Management Association (RMA) — Loss Control 10. Viewing stands and vendors includes firefighting equipment and 7. Participants — Parade — Designated viewing areas are municipal equipment. The tragedy of organizers should identify useful to direct pedestrian traffic. an injury will quickly overshadow the participants or performers within the For street-side viewers, municipal celebratory atmosphere. parade, and what vehicles, balloons officials should consider if there are or animals will be used within the regulations needed on handheld By adhering to these and other display. Municipal officials should signs or posters, or if setbacks or safety guidelines, an enjoyable also pay special attention to other fence requirements are necessary. experience will be the more likely end result for your community.

Illinois Municipal League

Risk Contact Member Services regarding questions about Management obtaining certificates of insurance from vendors/sponsors; Association providing certificates of coverage to IDOT. RMA Aaron Golden – (217) 474-2919 ([email protected]) Chris Korte – (217) 836-6612 ([email protected]) Eric Little – (217) 836-6569 ([email protected]) For RMA Members: Your Service Team is Here to Help Julia Reynolds – (800) 252-5051 ([email protected]) ext 1199 Contact your Loss Control professionals (at least 30 days before your special event, please) to request on-site inspections and loss control recommendations specifically Information available on our website (www.imlrma.org) to tailored to your special event. help you manage your special event includes:  Report an Upcoming Special Event Blaine Kurth – (217) 841-2445 ([email protected])  Special Event FAQ’s Jim Closson – (217) 254-9038 ([email protected])  Request a Certificate of Coverage

April 2018 | Illinois Municipal Review 21 EDUCATe. Advocate. Legal Brief EmpoWer. T en Noteworthy Cases for Municipalities from 2017

Cases ordered by date of publication.

By Illinois Municipal League Legal Staff

This article provides a brief synopsis of 10 noteworthy cases on, the resolution was approved and the previously signed from 2017, representing a wide variety of areas within the agreement was dated. law that might be of interest to municipalities. The full case The Court held that the fact that the Board members in favor summaries, as well as additional summaries of cases that of the agreement signed but did not date the agreement were reported on last year in the Illinois Municipal League’s was immaterial. The public vote was not a mere ratification monthly Legal Bulletin, can be found at www.legal.iml.org. of final action taken earlier in closed session; it was the final action. The Court also held that the posted agenda set forth Open Meetings Act – Illinois Supreme Court more than the general subject matter required by the Act;2 Board of Education of Springfield School it specifically identified the individual employee with whom 1 District No. 186 v. Attorney General of Illinois the agreement had been negotiated, and it contained a link Full Summary can be found in February 2017 Legal Bulletin to the full text of the agreement itself. The Illinois Supreme Court (Court) affirmed two lower courts’ holdings, concluding that the Board of Education of Home Rule – Illinois Supreme Court Springfield School District No. 186 (Board) did not violate Hertz Corp. v. City of Chicago3 the Open Meetings Act (Act) when the Board met in several Full Summary can be found in February 2017 Legal Bulletin closed sessions to discuss the possibility of entering into The City of Chicago (City) imposes a tax on the use of a separation agreement with the then-superintendent personal property within its borders;4 the tax applies to the of schools. Six of the seven board members signed the lease of personal property within the City and to the use agreement in closed session, but did not date it. The of property in the City that is rented or leased outside the agenda for a subsequent open meeting was posted on the City. The City issued Ruling 11, which provided guidance Board’s website four days before the scheduled meeting, to suburban vehicle rental agencies located within three which included an item listed as “Approval of a Resolution miles of the City’s borders, as to the collection of the tax. regarding the Separation Agreement and Release between Ruling 11 stated that the City Department of Revenue Superintendent Dr. Walter Milton, Jr., and the Board of (Department) would hold the suburban rental agencies Education.” At the open meeting, the matter was voted responsible for paying the tax unless there was written

22 Illinois Municipal Review | April 2018 EDUCATe. Advocate. proof that the lessee was exempt of IMRF. Plaintiffs claimed that the burden on the Church’s free exercise EmpoWer. from paying the tax based upon the elimination of this pension-spiking of religion, sufficient to state a use of the leased vehicle outside the opportunity violated the pension claim under the Religious Land City. In the absence of such proof, protection clause7 and the contracts Use and Institutionalized Persons the Department would assume clause.8 Act of 2000 (RLUIPA).11 The Village that a customer who is a Chicago The Court concluded that trial court’s had issued demolition permits for resident would use the leased rulings were correct, because instead at least three other structures in vehicle primarily in the City and that of modifying the pension contract the historic district for commercial a customer who is not a Chicago itself, the amendment to the City’s uses, while denying a permit to the resident would use the vehicle code of ordinances changed a Church. The Village’s actions, either primarily outside the City. vacation day policy – a change that by instituting repair proceedings or The Illinois Supreme Court held had only an incidental, indirect effect by denying the Church a demolition that Ruling 11 was unconstitutional on pension benefits. Changes in the permit for an abandoned building under the home rule article of the terms and conditions of employment or both, had accomplished a Illinois Constitution.5 Ruling 11 had that indirectly affect the amount of a “taking,” and were sufficient to an extraterritorial effect and was pension by affecting a number that is bring an inverse condemnation therefore an improper exercise of the plugged into the pension formula are claim. The Court vacated the trial City’s home rule powers. The home not diminishments or impairments of court’s judgment and remanded for rule unit cannot tax services neither pension benefits, within the meaning further proceedings. rendered nor performed in the taxing of the pension protection clause.9 entity’s jurisdiction. The Court also noted that Plaintiffs Constitutional Law did not explain why the contracts – Supreme Court of the United States Pensions – Fourth clause would support their argument, By Illinois Municipal League Legal Staff so the Court’s conclusion as to the Manuel v. City of Joliet, District Appellate 12 pension protection clause disposed Illinois, et al. Court of Illinois Full Summary can be found in April 2017 of both claims. Pisani v. City of Springfield6 Legal Bulletin Full Summary can be found in March 2017 Legal Bulletin Unsafe Property Act – During a traffic stop, police officers in Joliet searched Manuel and found The Fourth District Appellate Court Second District Appellate Court of Illinois a vitamin bottle containing pills. (Court) affirmed a grant of summary Suspecting the pills to be illegal Village of West Dundee judgment for the City of Springfield drugs, the officers conducted a field (City), after being sued by Pisani v. First Methodist Church 10 test, which came back negative and her union, the International of West Dundee Full Summary can be found in March 2017 for any controlled substance. Brotherhood of Electrical Workers Legal Bulletin Nevertheless, they arrested Manuel Local 193 (collectively, Plaintiffs). The Village of West Dundee (Village) and charged him with unlawful Plaintiffs are employees who are possession of a controlled substance. participants in the Illinois Municipal brought action against the First Methodist Church of West Dundee Based on false statements and a Retirement Fund (IMRF) and sworn complaint, a county court refrained from taking advantage of (Church), seeking to place a building owned by the Church, which had judge found probable cause to a vacation buyback provision in the detain Manuel pending trial. Manuel City’s code of ordinances before the fallen into disrepair, in receivership and to place a lien on the building remained in custody, spending a total city council passed an amendment of 48 days in pretrial detention. More that repealed the provision. Before for the costs of the building’s repair. The Church filed a counter-complaint, than two years after his arrest, but its repeal, the provision allowed City less than two years after his criminal employees to cash in their unused seeking a court order authorizing the building’s demolition. case was dismissed, Manuel filed a vacation days several months before 42 U.S.C. §1983 lawsuit against Joliet their retirement. The lump sum The Second District Appellate and several of its police officers, boosted their final rate of earnings, Court (Court) held that the Village’s alleging that his arrest and detention thereby boosting the amount of continued denial of a demolition violated the Fourth Amendment. their retirement annuity, payable out permit constituted a substantial

April 2018 | Illinois Municipal Review 23 The United States Supreme Court which Englum’s eligibility would be content-neutral regulations, and (Court) held that Manuel may determined. Englum sought to enjoin determined that Defendant’s First challenge his pretrial detention the City from conducting an eligibility Amendment rights were not violated. on Fourth Amendment grounds. hearing under the City’s ordinance, The Court held that the right to As reflected in case law, pretrial and asked the court to determine his assembly afforded by the state detention can violate the Fourth eligibility for Section 10 benefits. constitution is to be interpreted and Amendment not only when it The Fourth District Appellate Court applied in lockstep with the federal precedes, but also when it follows, (Court) found that the City, a non- precedents interpreting and applying the start of legal process. The Fourth home rule municipality, had the the assembly clause of the federal Amendment prohibits government authority to enact an ordinance constitution’s First Amendment. officials from detaining a person establishing a local administrative absent probable cause. Where procedure to determine eligibility Zoning & Land Use legal process has gone forward, for PSEBA benefits. The Court held – Supreme Court of but has done nothing to satisfy that Sections 10-4-1 and 1-2-1 of the the United States the probable-cause requirement, Municipal Code15 provided the City Murr, et al. v. , et al.19 it cannot extinguish a detainee’s with the necessary authority. The City Full Summary can be found in July 2017 Fourth Amendment claim. Because was not preempted from establishing Legal Bulletin the judge’s determination in this the administrative procedures The St. Croix River, which forms part case was based solely on fabricated provided by the City’s ordinance. of the boundary between Wisconsin evidence, it did not expunge Instead, the City’s ordinance and Minnesota, is protected Manuel’s Fourth Amendment claim. complemented the determinations under federal, state and local law. Manuel stated a Fourth Amendment of the legislature by enacting a Petitioners own two adjacent lots claim when he sought relief not procedural process to fulfill the along the lower portion of the river. merely for his arrest, but also for substantive requirements of PSEBA. For the area where Petitioner’s his pretrial detention. The Court property is located, state and local remanded the case to the Seventh Constitutional Law – regulations prevent the use or sale Circuit Court of Appeals. Illinois Supreme Court of adjacent lots under common City of Chicago v. Alexander16 ownership as separate building sites Municipal Authority – Full Summary can be found in June 2017 unless they have at least one acre Fourth District Appellate Legal Bulletin of land suitable for development. Court of Illinois The Illinois Supreme Court Petitioners became interested in Englum v. City of Charleston13 (Court) upheld a Chicago Park selling one of the lots, and sought Full Summary can be found in June 2017 District ordinance,17 which closes variances from the St. Croix County Legal Bulletin all Chicago parks between 11 Board of Adjustment (Board). The Englum was employed as a police p.m. and 6 a.m., and prohibits Board denied the request, and officer by the City of Charleston people from being inside any park Petitioners subsequently filed suit, (City) when he was injured while during these hours. Defendants alleging that the regulations worked exiting his police cruiser. Englum were members of the “Occupy a regulatory taking that deprived was eventually awarded line-of- Chicago” movement who refused them of all, or practically all, of the duty pension benefits because of to leave Chicago’s Grant Park after use of one of their lots. the injury. Englum sent the City a repeated warnings about potential The Supreme Court of the United letter requesting health insurance arrests for violating the ordinance. States held that the merger provision benefits under Section 10 of the Defendants were subsequently in the local minimum lot size Public Safety Employee Benefits Act issued citations. The Court allowed regulation applicable to Petitioner’s 14 (PSEBA). A month later, the City Defendants’ petition for leave to property was a legitimate exercise enacted an ordinance establishing appeal to determine whether the of government power, as reflected local administrative procedures to ordinance was unconstitutional as by its consistency with a long history determine an applicant’s eligibility applied to Defendants under the of merger regulations and with 18 for Section 10 benefits. The City Illinois Constitution. the many merger provisions that sent Englum notice of a hearing The Court applied intermediate exist nationwide. The parcels were pursuant to those procedures, at scrutiny, traditionally applicable to required to be evaluated as a single

24 Illinois Municipal Review | April 2018 parcel in determining whether the ADA forbids discrimination against and Governmental Employees Tort regulations effected a regulatory a qualified individual on the Immunity Act (Act).26 The Trail is taking. It was reasonable to expect basis of disability.23 A “qualified recreational property within the the lots’ range of potential uses individual” with a disability is meaning of the Act, and cracks might be limited and Petitioners a person who, with or without and potholes in paved surfaces could have anticipated regulation reasonable accommodation, can are unavoidable risks in Chicago’s of the property due to its location perform the essential functions climate. The Court also held that along the river. The regulations of the employment position.24 So Chicago Park District was not did not effect a compensable defined, the term “reasonable afforded blanket immunity for regulatory taking — Petitioners were accommodation” is expressly limited conditions of the Trail under Section not deprived of all economically to those measures that will enable 3-107(a) of the Act.27 The Trail is not a beneficial use of their property. the employee to work. An employee “road” within the meaning of the Act, who needs long-term medical leave which is defined as a public way that Labor & Employment cannot work, and thus is not a permits travel by motorized vehicles Law – United States “qualified individual” under the ADA. such as motorcycles, cars and trucks. Court of Appeals for There was no dispute that the Trail is the Seventh Circuit Tort Immunity Act – not open to public, motorized traffic. Severson v. Heartland Illinois Supreme Court Woodcraft, Inc.20 C ohen v. The Chicago The Illinois Municipal League will Full Summary can be found in October Park District25 continue to monitor cases of interest 2017 Legal Bulletin Full Summary can be found in January to municipalities, and will report on From 2006 to 2013, Severson 2018 Legal Bulletin those cases in future editions of the worked for Heartland Woodcraft, Cohen was bicycling on Chicago’s Legal Bulletin, which is published Inc. (Heartland), a fabricator of Lakefront Trail (Trail) when his front once a month. If you wish to receive retail display fixtures. The work wheel got caught in a crack in the this monthly publication, please was physically demanding. In early pavement and he fell. He filed a subscribe by clicking the Legal June 2013, Severson took a 12-week personal injury suit against Chicago Bulletin cell at www.legal.iml.org. medical leave under the Family Park District, alleging it had acted 1 21 2017 IL 120343 (January 20, 2017). Medical Leave Act (FMLA) to deal willfully and wantonly in failing to 2 5 ILCS 120/2.02(c). with serious back pain. On the last maintain the path, and was therefore 3 2017 IL 119945 (January 20, 2017). 4 Chicago Municipal Code § 3-32-030(A). day of his leave, he underwent responsible for the injuries that 5 Ill. Const. 1970, art. VII, § 6(a). back surgery, which required that resulted from his fall. The Trail is 6 2017 IL App (4th) 160417 (March 3, 2017). 7 Ill. Const. 1970, art. XIII, § 5. he remain off of work for another what is known as a shared-use path, 8 Ill. Const. 1970, art. I, § 16. two or three months. Severson used by bicyclists, pedestrians, 9 Ill. Const. 1970, art. XIII, § 5. 10 2017 IL App (2d) 150278 (March 7, 2017). asked Heartland to continue his joggers and others; motorized traffic 11 42 U.S.C. § 2000cc(a)(1) (2012). medical leave, but by then, he had is not permitted on the path. The 12 137 S.Ct. 911 (2017). 13 2017 IL App (4th) 160747 (June 13, 2017). exhausted his FMLA entitlement. Chicago Park District owns and 14 820 ILCS 320/10. Heartland denied Severson’s request maintains the Trail. 15 65 ILCS 5/10-4-1, 1-2-1. 16 2017 IL 120350 (June 15, 2017). and terminated his employment. The Illinois Supreme Court (Court) 17 Chicago Park District Code, ch. VII, § B(2). Severson sued Heartland alleging 18 Ill. Const. 1970, art. I § 5. held that the Chicago Park District 19 137 S.Ct. 1933 (2017). that it had discriminated against him was entitled to summary judgment 20 872 F.3d 476 (7th Cir. 2017). in violation of the Americans with 21 29 U.S.C. §§ 2601 et seq. on the issue of whether its actions 22 42 U.S.C. §§ 12101 et seq. Disabilities Act22 (ADA), by failing to 23 Id. § 12112(a). were willful and wanton, and was 24 provide a reasonable accommodation Id. § 12111(8). immune from suit under Section 25 2017 IL 121800 (December 29, 2017). — namely, a three-month leave of 26 745 ILCS 10/3-106. 3-106 of the Local Governmental 27 absence after his FMLA leave expired. Id. 10/3-107(a). The Seventh Circuit Court of Appeals affirmed the grant of summary judgment to Heartland. The ADA If you have questions or comments regarding IML’s Legal Brief, please contact is an antidiscrimination statute, [email protected] or Amelia Finch, Assistant Counsel, at [email protected] or (217) 525-1220. not a medical-leave entitlement.

April 2018 | Illinois Municipal Review 25 Lighting the Way to Smart Cities

by Kirk Lonbom, Illinois State CIO and Acting Secretary for Illinois Department of Innovation & Technology (Do IT)

Building Solutions. Saving Money. consist of the central management system, backhaul communications network and field devices. That’s what the State of Illinois is doing in one of its most  Luminaires – the LED light fixture can recent efforts to help municipalities improve services and come in a variety of designs including Cobra streamline technology. head, shoe box or a decorative housing  Central Management System (CMS) In its Smart Street Lighting initiative, the Illinois – remotely monitors and manages the Department of Innovation & Technology (DoIT) is LED luminaires and field devices providing municipalities with turnkey options to upgrade street lighting systems for improved functionality and  Backhaul communications network – a efficiency. The program was first announced in early communications network enabling data to be 2017 by Governor Bruce Rauner, as part of his vision to sent between the luminaires and the CMS transform technology in Illinois.  Field Devices – controllers and associated gateway devices to enable luminaire control. The controllers will Governor Rauner has demonstrated a commitment to typically fit into a seven-pin receptacle on the luminaire enhancing technology in Illinois and has called on DoIT to help get the job done. With a networked street lighting architecture, backhaul communications, street light real estate and available power, “Smart Street Lighting is another way we are modernizing the necessary components are in place for a municipality to technology systems and improving efficiencies for taxpayers implement additional quality of life enhancing applications in Illinois,” Governor Rauner said when he made the and services such as vehicle and pedestrian occupancy announcement, noting that smart street lighting will help sensors, cameras, environmental sensors, small cell save money and level the playing field for small and medium antennas, audio speakers and smart parking. cities, villages and townships of Illinois. Smart Street Lighting benefits include: Municipalities have a variety of options available to  Energy savings. The electric power required to provide incorporate Smart Street lighting technology, with LED the same lighting level as old-style lights (old style luminaires and adaptive controls. Adaptive controls lights typically refers to High Pressure Sodium, Mercury

26 Illinois Municipal Review | April 2018 Vapor or Metal Halide) is less, The program offers financing options aesthetics of our neighborhoods and resulting in energy savings of that include energy performance increase public safety.” 50% or more. contracting and other vendor  Reduced maintenance and longer proposed financing for street light The contracts for Smart Street lifespan is experienced when upgrades with no upfront charges Lighting include turnkey services compared with old style lights. to the municipality. With the typical with energy performance energy savings and decreased contracting and other financing  Higher quality light — LED maintenance costs, the monthly options, luminaires, adaptive lighting provides a more charges to the municipality, with controls and value add applications uniform light — i.e., less light financing implemented, may be less and services. While the procurement variation when compared to than before the upgrade. is targeted to Illinois municipalities, old style lights. LED lighting the state master contracts will can also be better directed to In January of 2017, the State of Illinois also be available to all Illinois where it is needed, resulting issued a Request for Proposal (RFP) governmental entities, including in reduced light waste and to establish a state master contract municipalities, state agencies, school reduced light pollution in the for Smart Street Lighting. Illinois districts and universities. night sky. is rapidly emerging as one of the  Adaptive controls enable real first Smart States in the nation, with The state recognizes that many time control of lighting levels, inroads being made in connectivity municipalities may lack the based on external factors. and the Internet of Things (IoT) experience, technical knowledge, For example, lights can be arena, and the Smart Street time, budget and expertise necessary dimmed to 50% of their normal Lighting initiative is one of the early to initiate an upgrade to Smart level with no traffic on the deliverables of this effort. Street Lighting. With the state road. This light optimization master contracts, Illinois intends provides further energy State master contracts are to accelerate street light upgrades savings. Adaptive controls currently being executed with and provide a platform on which can also assist in public safety the three awarded vendors. The municipalities can build additional and emergency management. announcement was officially smart city applications and services. For example, lights could be released by DoIT on remotely set to maximum December 5, 2017, with brightness for emergency the three selected vendors services personnel in the area. including Johnson Controls  Maintenance alerts can be (primary), Globetrotters provided in real time with Engineering (secondary) adaptive controls on the and TEN Connected LED lighting. Solutions (tertiary).  Smart Str eet Light architecture Rockford Mayor Tom The LED light fixture can come in a variety provides a foundational McNamara is watching the of designs including Cobra head, shoe box infrastructure for Smart City opportunities available or a decorative housing. applications. through Smart Street  Value add services could be Lighting closely, hailing the incorporated at the same time initiative as one that will help keep the For more information on the Illinois as the street light upgrade. city’s costs in check. “We are excited Smart Street Lighting program or Examples of value add services about Illinois’ Smart Street Lighting on how to utilize the State of Illinois’ include wireless broadband project. This contract would allow state master contracts, contact network between the street Rockford to control costs, improve the [email protected]. lights, sensor devices measuring air quality, vehicle and Kirk Lonbom is Chief Information Officer for the State of Illinois and Acting Secretary of Illinois Department of Innovation & Technology (DoIT). pedestrian occupancy sensors.

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28 Illinois Municipal Review | April 2018 Engineering Services Engineering Services

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April 2018 | Illinois Municipal Review 29 preemptione pre.emp.tion / pre em(p)SHen/ noun 1. a prior seizure or appropriation; taking possession before others

Synonyms Usurpation, Infringement, Seizure, Taking, Commandeering

No matter how you define preemption, it is a 10-letter word that spells bad news for local governments.

Please keep this over-arching issue in the forefront of conversations with your state legislators.

See iml.org/preemption for a compilation of 2018 proposed legislation that will preempt municipal authority.