MUNICIPAL Review APRIL 2002 the MAGAZINE of the MUNICIPALITIES

ILLINOIS MUNICIPAL review APRIL 2002 THE MAGAZINE OF THE MUNICIPALITIES

Safeguarding Municipal Credit Card Usage

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Page 2 / Illinois Municipal Review / April 2002 ILLINOIS review MUNICIPAL THE MAGAZINE OF THE MUNICIPALITIES

OFFICIAL PUBLICATION OF THE ILLINOIS MUNICIPAL LEAGUE

contents 5 From The Editor's Desk 6 From The Director's Desk 7 IML InfoSource 8 Safeguarding Municipal Credit Card Usage 9 Municipal Redistricting: Are You In Compliance? 11 Homeland Security Advisory System 13 The Eight Tools Every Local Government Web Site Should Have 14 Become An Organ Donor; Give The Gift of Life 17 Access Denied: Tax Appeals And REfusal Of Access To The Subject Property 18 Glendale Heights Hosts New York City Fireman Editor KENNETH A. ALDERSON 19 Seniors Ask Managing Editor 20 After 46 Years, Deitz Hanging Up The Whistle GARY KOCH 21 Leadership Conference - June 18-19, 2002 (ssn 0019-2139) Telephone (217) 525-1220 22 Bridgeview and Sherman Approves- Markham & Posen Reject Home Rule Volume 81, No 4, April 2002. Total number 936. THE ILLINOIS MUNICIPAL REVIEW is 22 Advisory Services Update: Police Pension Funds published monthly at Springfield, IL, by the Illinois Muncipal League, Editorial and 23 Legal Q&A - Vegetation Management / Tree Executive Offices, 500 E. Capitol Ave., Trimming Springfield, IL, 62701. Subscription per year: Member $5.00. Domestic $10.00. 24 Poll: Cities Oppose Budget Cuts to Local Periodical postage paid at Springfield, Programs Illinois. 25 New & Noteworthy Postmaster: Send address changes to Illinois Municipal League PO Box 5180, 27 May 2002 Municipal Calendar Springfield, IL 62705-5180. 28 Municipal Exchange Service

April 2002 / Illinois Municipal Review / Page 3 Ad Copy Ad Copy

Page 4 / Illinois Municipal Review / April 2002 From The EDITOR’S DESK... Officers of the Chicago Mayor Richard M. Daley has been named to the Illinois Municipal League inaugural “Government Technology 25” by Government Technology and the Center for Digital Government. The list PRESIDENT Mayor Roger Claar, Bolingbrook honors those persons who have led the digital revolution in government and who “have dedicated years of service, FIRST VICE PRESIDENT achieved a level of national prominence and logged Mayor Gary Niebur, Edwardsville accomplishments in the technology arena.” SERGEANT-AT-ARMS Mayor Gerald R. Bennett, Palos Hills Griggsville was featured on the March 6 episode of VICE PRESIDENTS “Ripley’s Believe It Or Not” on TBS Superstation. The Mayor Arlene Mulder, Arlington Heights story highlighted Griggsville as the summer home of the Mayor Donald L. Maue, Breese purple martin and showed the ”Empire State Building of the Mayor Brad Demuzio, Carlinville bird world,” a 40-foot bird house that has 600 nesting Mayor Richard M. Daley, Chicago compartments and can house 1,200 martins and their babies. Village President Eugene L. Siegel, Chicago Ridge Griggsville is considered the purple martin capital of the Mayor Gail Mitchell, Fairview Heights nation. Mayor Saul Beck, Ford Heights Mayor James L. Gitz, Freeport Village President Scott Newberg, Hampton Country Club Hills will host the national Softball World Mayor Daniel M. Pierce, Highland Park Series this August. Thirty-two of the nation’s best softball Mayor Ron Tendick, Jacksonville Mayor Darryl Lindberg, Loves Park teams, winners of several state softball tournaments, will Mayor Thomas C. Carper, Macomb compete August 23-25 for the national tournament. Mayor Dick Dietz, McLeansboro At a national recreation conference held in February, the Mayor Stan Leach, Moline Country Club Hills Park District received the Outstanding Mayor Mark Terry, Mount Vernon Park Award from the National Softball Association. With Village President Marilyn Sindles, Mundelein the prize, awarded annually, comes the state’s only national Mayor Nicholas B. Blase, Niles Town President Kent Karraker, Normal summer softball finals. Mayor Ernest F. Kolb, Oak Lawn Mayor Rita L. Mullins, Palatine Mayor R. David Tebben, Pekin Additional Illinois graduates of the Government Finance Mayor David P. Ransburg, Peoria Officers Association’s inaugural class of Certified Public Mayor G. Michael Ingles, Pontiac Finance Officers include: Mayor Charles Scholz, Quincy Kathryn Booth, Village of Bartlett Mayor Doug Scott, Rockford Rita Boserup, Village of Berkeley Village President B.J. Hackler, Saint Joseph Mike O’Keefe, Village of Villa Park Mayor Leonard E. Ferguson, Salem Village President Al Larson, Schaumburg Gail Paul, Village of Oak Lawn Village President David Owen, South Chicago Heights David Richardson, Village of Streamwood Mayor Karen Hasara, Springfield Harry Sakai, Village of Glenview Village President Louis Sherman, Steger Mayor Ted Aggen, Sterling Village President James A. Leather, Stillman Valley The Illinois Municipal League mourns the passing of: Village President Edward J. Zabrocki, Tinley Park Melvin L. Hart, former mayor of Centralia. He served as Mayor Tod Satterthwaite, Urbana mayor from 1991 to 1995. PAST PRESIDENTS Weldon J. Regnier, Village President of Beaverville. Mr. Mayor James E. Kingston, Paxton Regnier had served as village president since 1970 and Mayor William F. Murphy, Woodridge previously served on the village board. Village President Ray J. Forney, Ashton Mike Ragan, former mayor of Buckner. Mayor Greg Sparrow, DeKalb Mayor Neil Dillard, Carbondale Village President Michael S. Buehlhorn, Swansea Village President Frank Meredith, Sherman

April 2002 / Illinois Municipal Review / Page 5 From The Director's Desk New Addition to IML Web Portal: Legislative Action Center

How can local officials keep track of what is going on 2. Issues and Legislation – Provides a listing in the Illinois General Assembly and how can you become of both Action Alert bills and Current more involved in the IML legislative effort? Legislation, which is a listing of bills that Historically, the League has sent a weekly Legislative are presently “active” in the General Bulletin to each member municipality. The “Bulletin” is Assembly. By clicking on the Current mailed, First Class, at the end of each week the General Legislation, a full list of bills with IML Assembly is in. Because the “Bulletin” is usually printed positions indicated by either a check mark and stuffed (in envelopes) on Friday and because of the time (support), an X mark (oppose) or blank (no restraints imposed by the printing and stuffing it was not position) is listed by the chamber (House or possible to include all elected officials in the mailing. Senate) the bill is in. By clicking on a Therefore, the “Bulletin” was typically mailed to the Mayor, Current Legislation bill, you can read the Manager/Administrator (if applicable) and the Clerk – with synopsis of the bill and access the full text the request that the Clerk copy and distribute copies to the and status history of the bill. other elected officials in the municipality. Additionally, 3. Media Guide – Provides a listing of major because the “Bulletin” was mailed – it was often not newspapers, magazines, television and received until Tuesday or Wednesday of the following radio stations with the e-mail or letter week; which meant the General Assembly had already contact ability. started a new week before local officials had information on what had happened last week! By adding the LEGISLATIVE ACTION CENTER In 1997 the League began posting the Legislative to the League’s web portal we are hopeful that more Bulletin to its Web site (www.IML.org) While an advance in officials can receive timely information regarding providing information to our members, having the legislation that affects their municipality. With the real time “Bulletin” on the web site did not solve one of the perennial interactive capability to contact legislators, we are hopeful problems the League has always had: how to get local that local officials will take a few minutes to use that officials more involved in the legislative process and capability and contact their legislators. We’ve tried to make assist in the legislative process? it as easy as possible, including having a pre-written In late October 2001 the League changed its Web site message that can either be changed or used as is. A few to a Web portal (see Illinois Municipal Review, January clicks, entering your name and address, and your 2002). Since initializing the Web portal – “hits” on legislator(s) will know your opposition or support for the www.IML.org have been increasing: December – >144,000: good or bad they intend to visit on your community. January - >170,000: February - >198,000: and March - > 210,000. While “hits” don’t indicate the number of individuals, the increased activity does indicate that local officials are utilizing the League’s Web portal in increasing numbers. With this increased Web activity the League has initiated a new feature; the LEGISLATIVE ACTION CENTER, that will make it easier for officials to review legislation and – most importantly – contact their legislators to oppose or support legislation directly from the Web site. The LEGISLATIVE ACTION CENTER has three “tabs” Ad Copy or selectors: 1. Home – Listed on this page are a variety of options. Perhaps the most important is the Action Alert, where bills requiring immediate action by local officials in contacting their legislators is needed. By clicking on a bill in Action Alert you can read the rationale for the IML support or opposition. You can then enter your zip code in the “Take Action Now” box and send either a “standard” e-mail or letter to your legislators – or change the “standard” e-mail/letter to suit yourself with perhaps particulars specific to your municipality. Page 6 / Illinois Municipal Review / April 2002 NEW ON www.IML.org!

LEGISLATIVEACTION Safeguarding Municipal Credit Card Usage

By JOHN W. RADER, CPA, Senior Accountant Virchow Krause & Company, Madison, WI

The use of assist in minimizing the municipality's exposure to credit cards in theft, reduce the risk of creating an unexpected today's society is so financial burden and avoid any conflicts with other prevalent, it is difficult to purchasing policies. imagine being without one. This Determine appropriate payment review and is certainly true of individuals and approval procedures, along with required businesses and can also be said for many documentation. municipalities. Whether needed for travel purposes, As developing approval procedures and required booking reservations or a convenient and readily available documentation rules, careful thought should be given to the means of purchasing, credit cards definitely simplify life. lack of sufficient detail typical of credit card invoices. If However, credit cards also come with risks that need to be only reviewing credit card invoices, payments may be made considered carefully. without sufficient information about the goods and services Municipalities should adopt a comprehensive credit purchased. To improve control over this area, supporting card policy that takes into consideration statutory documentation should be attached to the credit card invoice. requirements as well as strong internal controls. A thorough In addition, while credit cards offer a wonderful written policy will allow municipalities to maintain alternative method of payment, if they are not paid in full consistency over the card's use, provide guidance on how to and on time, they can easily turn into debt. establish, maintain and cancel cards, and provide the most In summary, incorporating the use of credit cards into a desirable standard against which practices can be compared. municipalities' procurement options has many modern-day Items to consider when developing a comprehensive credit advantages. The inherent risks associated with credit cards card policy should include the following: can be mitigated through the creation of a carefully written Identify the types of officers and employees policy. authorized to make purchases with credit cards on behalf of the municipality. Identify the governing body or official responsible for approving new credit cards. Decide which types of items may be purchased using credit cards. Consider whether purchases may be available through an already existing centralized purchasing department. Prohibit personal use of credit cards. Put the procedures to change signers in writing. This should cover staff changes as well as canceling cards. Explain the method(s) for safeguarding the credit Ad Copy cards. Are they to be maintained in one secure location when not being used, or should they be the responsibility of the holder? Set a not-to-exceed dollar limit. Placing limitations on the amount of available credit will

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Page 8 / Illinois Municipal Review / April 2002 Municipal Redistricting: Are You In Compliance? By MATHIAS W. DELORT

Many Illinois municipalities, particularly larger ones, If a municipality allows its district or ward lines to elect their trustees or aldermen from districts or wards. In become stale, it invites political activists to initiate costly 2000, the United States Department of Commerce litigation against the city. Because a lawsuit for failure to conducted the decennial census as required by the comply with “one person, one vote” is brought under the Constitution. In March 2000, the Census Bureau released federal civil rights laws5, attorneys’ fees must be paid by block-by-block census results for Illinois1, which included the government to a successful plaintiff6. After Illinois not only the total number of persons living on each block, failed to redraw its congressional districts in 1990, the state but a breakdown of those persons by race. This information had to fork over hundreds of thousands of dollars in was released first so that states and local governments could attorneys’ fees to the lawyers representing the voters who immediately redraw their election districts with equal sued7. The federal court, not the legislature, ended up population. In 2001, the General Assembly quickly passed drawing the map. Therefore, not only is there a financial a bipartisan plan to redraw the state’s 19 congressional incentive for cities and villages to handle the matter districts2, and the Legislative Redistricting Commission correctly, but they avoid having the political lines put in the eventually adopted a Democratic-sponsored plan to redraw hands of a federal judge rather than the locally-elected the state senate and representative districts3. Many incumbent officials. counties, in turn, also remapped their county board districts. In the past, redistricting officials resorted to low-tech The City of Chicago avoided the divisive controversy that methods such as color-coded maps, plastic overlays and followed the approval of its 1990 ward map by enacting a similar tools because computerized redistricting required map that received almost unanimous approval by the City computer capacity far in excess of what was normally Council. All of these actions were taken as a matter of commercially available. However, this year, computer course, with no thought given as to whether it was actually technology has advanced considerably. Computerized required. Redistricting for these larger units simply comes redistricting programs are somewhat more economical than automatically every ten years. before (they cost about $3,000), and they can be run on However, in many Illinois municipalities there is no standard office computers. A wise choice would be to hire established custom or practice to redraw the lines on a a political consultant who already owns the software and decennial cycle. However, the federal constitutional pay the consultant on an hourly basis. Also, municipalities principle of “one person, one vote”4 requires that districts should retain attorneys knowledgeable in redistricting law from which persons are elected have substantially equal to work with the consultant. A good consultant can prepare population. Even in smaller towns, population shifts and any number of alternative maps for consideration by elected new development over a ten-year period will necessitate officials, and easily “tweak” those alternatives any number some shifting of the lines. of ways with just the click of a computer mouse, in order to Many municipal officials mistakenly look at the meet the particular needs of the officials involved. number of registered voters in the trustee districts or wards Municipalities with high populations of racial to determine whether they are of equal population. minorities have additional legal concerns. As our society However, the number of registered voters is legally becomes less segregated, many municipalities have higher meaningless. Districts must be drawn based on the number proportions of minority residents than ever before. If a of total persons, which include non-citizens, children, municipality has a concentration of minority voters that is infants, and persons who choose not to register to vote. The numerically large enough to control a single district, it falls only source for this information is the official census under the purview of the Voting Rights Act. In those towns, results. Depending on local demographic factors, the redistricting is a bit more complicated than dividing a pie number of registered voters may have a very poor into six equal slices. correlation to the number of actual persons. For instance, an area with a large Hispanic population might have a large number of non-citizens. In an area with a significant senior citizen population, almost all the residents might be active voters. Ad Copy

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April 2002 / Illinois Municipal Review / Page 9 The federal Voting Rights Act, 42 U.S.C. § 1973, minority voter participation while simultaneously avoiding prohibits the “denial or abridgement” of the rights of a map which would run afoul of Shaw was a daunting task. minority voters in the context of political districting. This No matter what map a local legislative body drew, it was law, adopted and amended several times over the past 30 subject to possible judicial scrutiny for treading too close to years, marked a sea change in the political districting the twin traps set in place by these seemingly-irreconcilable landscape. No longer can governments cordon off minority decisions. At any rate, map-drawers after Shaw were voters into as few districts as possible to minimize their cautioned to avoid extreme efforts such as drawing thread- voice in the political process. Along the same vein, they shaped districts in transparent efforts to sweep minority also could not divide up minority voters into as many voters from remote locations together to form mathematical districts as possible to drown out their voice in each majorities in particular districts. The bottom line is that respective district. Political maps are now scrutinized under application of the Gingles factors requires map-drawing factors delineated by the United States Supreme Court in municipalities to undertake a fully documented study of Thornburg v. Gingles8. Gingles commands local “local political reality” in order to insulate their map against governments to consider evidence of the local history of judicial attack. This may require the holding of public employment and social discrimination, and access to the hearings and retention of political science experts. political process by minorities in drawing remap plans. The Illinois Election Code requires that municipalities For a brief while, strict application of the Gingles tests provide a copy of any new map to the election authorities resulted in the invalidation of many redistricting schemes within five days of adoption.10 A provision of the and the creation of district maps that appeared to “bend over Municipal Code11 suggests that the map must be in place at backwards” to maximize the number of districts controlled least 30 days before the first day to file petitions for the next by minority voters. Seeking to insulate their creations from succeeding municipal election. For most municipalities, judicial intervention, map drawers strived to craft maps this deadline will be November 9, 200212, which is 30 days which created “minority majority” districts wherever they before December 9, 2002, the first day to file petitions for were mathematically and geographically possible – even if the February 25, 2003 Consolidated Primary. All Illinois the geography meant stretching a district down the middle municipalities technically have partisan municipal of an interstate to connect two widely-dispersed pockets of elections13, even if it is unheard of or rare for local minority voters. candidates to run under party labels. Therefore, the However, without overturning Gingles, the Supreme February, rather than April, election actually keys the Court took a different course in the case of Shaw v. Reno in applicable deadline. 1990 by holding that the equal protection clause of the 14th ______1 Amendment forbade creation of minority districts solely on Available at www.census.gov. 9 2 10 ILCS 76/1 et seq. the basis of race . Applying the Gingles factors to ensure 3 This plan was upheld by the Illinois Supreme Court. See Cole- Randazzo v. Ryan, ____ Ill.2d _____ (No. 92443, Nov. 28, 2001); Beaubein v. Ryan, ___ Ill.2d ____ (No. 92701, Dec. 27, 2001). 4 See Baker v. Carr, 369 U.S. 186 (1962). 5 42 U.S.C. sec. 1983 et seq. 6 42 U.S.C. sec. 1988. 7 Hastert v. State Board of Elections, 28 F.3d 14 (7th Cir. 1993). 8 478 U.S. 30 (1986). 9 Shaw v. Reno, 509 U.S. 630 (1993). 10 10 ILCS 5/4-21, 5/5-28.1 and 6-31.1. 11 65 ILCS 3.1-20-25(b). 12 All these dates should be considered tentative until after the State Board of Elections publishes its 2003 Election Calendar. 13 The only exceptions are the City of Chicago, which has nonpartisan elections by law, and municipalities that have adopted nonpartisan elections by referendum. See Municipal Elections, Illinois Municipal Ad Copy Law, Ill. Inst. for CLE, 2000. ______Mathias W. Delort is a partner with the law firm of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago. His practice is concentrated in representation of local governments and election law. He is the Editor-in- Chief of the forthcoming edition of Illinois Election Law (Ill. Inst. for CLE, 2002) and currently represents several municipalities and school districts with respect to their post-2000 census redistricting.

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Page 10 / Illinois Municipal Review / April 2002 Homeland Security Advisory System

Homeland Security commercial and government sectors. The Homeland Director Tom Ridge has Security Advisory System will provide a national announced a new warning framework for these systems, allowing government officials system to disseminate and citizens to communicate the nature and degree of information regarding the risk terrorist threats. This advisory system characterizes of terrorist attacks to local, appropriate levels of vigilance, preparedness and readiness state and federal authorities. in a series of graduated Threat Conditions. The Protective Ridge had previewed the Measures that correspond to each Threat Condition will system during a speech at the help the government and citizens decide what action they Congressional City take to help counter and respond to terrorist activity. Based Conference. on the threat level, federal agencies will implement As part of a series of appropriate Protective Measures. States and localities will initiatives to improve be encouraged to adopt compatible systems. coordination and communication among all levels of Factors for assignment of Threat Conditions. government and the American public in the fight against The Homeland Security Advisory System will provide terrorism, President Bush signed Homeland Security a framework for the Attorney General, in consultation with Presidential Directive 3, creating the Homeland Security the Director of the Office of Homeland Security, to assign Advisory System (HSAS). The advisory system will be the Threat Conditions, which can apply nationally, regionally, foundation for building a comprehensive and effective by sector or to a potential target. Cabinet Secretaries and communications structure for the dissemination of other members of the Homeland Security Council will be information regarding the risk of terrorist attacks to all consulted as appropriate. A variety of factors may be used levels of government and the American people. to assess the threat. Among these: The Attorney General will be responsible for Is the threat credible? developing, implementing and managing the system. In Is the threat corroborated? conjunction with the development of this new system, the Is the threat specific and/or imminent? Attorney General will open a 45-day comment period in How grave is the threat? order to seek the views of officials at all levels of government, law enforcement and the American public. Unified system for public announcements. Ninety days after the conclusion of the comment period, the Public announcements of threat advisories and alerts Attorney General – in coordination with the Director of the help deter terrorist activity, notify law enforcement and Office of Homeland Security -- will present a final State and local government officials of threats, inform the Homeland Security Advisory System to the President for public about government preparations, and provide them approval. The Homeland Security Advisory System will with the information necessary to respond to the threat. provide the following: State and local officials will be informed in advance of national threat advisories when possible. The Attorney National framework for federal, state and local General will develop a system for conveying relevant governments, private industry and the public. information to federal, state and local officials, and the There are many federal alert systems in our country – private sector expeditiously. Heightened Threat Conditions each tailored and unique to different sectors of our society: can be declared for the entire nation, or for a specific transportation, defense, agriculture and weather, for geographic area, functional or industrial sector. Changes in example. These alert systems fill vital and specific assigned Threat Conditions will be made when necessary. requirements for a variety of situations in both the

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April 2002 / Illinois Municipal Review / Page 11 A tool to combat terrorism. Coordinating emergency plans with nearby Threat Conditions characterize the risk of terrorist jurisdictions; attack. Protective Measures are the steps that will be taken Assessing further refinement of Protective Measures by government and the private sector to reduce within the context of the current threat information; vulnerabilities. The HSAS establishes five Threat and Conditions with associated suggested Protective Measures: Implementing, as appropriate, contingency and Low Condition - Green emergency response plans. Low risk of terrorist attacks. The following Protective High Condition - Orange Measures may be applied: High risk of terrorist attacks. In addition to the previously Refining and exercising preplanned Protective outlined Protective Measures, the following may be Measures; applied: Ensuring personnel receive training on HSAS, Coordinating necessary security efforts with armed departmental, or agency-specific Protective forces or law enforcement agencies; Measures; and Taking additional precaution at public events; Regularly assessing facilities for vulnerabilities and Preparing to work at an alternate site or with a taking measures to reduce them. dispersed workforce; and Guarded Condition - Blue Restricting access to essential personnel only. General risk of terrorist attack. In addition to the previously Severe Condition - Red outlined Protective Measures, the following may be applied: Severe risk of terrorist attacks. In addition to the previously Checking communications with designated outlined Protective Measures, the following may be emergency response or command locations; applied: Reviewing and updating emergency response Assigning emergency response personnel and pre- procedures; and positioning specially trained teams; Providing the public with necessary information. Monitoring, redirecting or constraining Elevated Condition - Yellow transportation systems; Significant risk of terrorist attacks. In addition to the Closing public and government facilities; and previously outlined Protective Measures, the following Increasing or redirecting personnel to address may be applied: critical emergency needs. Increasing surveillance of critical locations;

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Page 12 / Illinois Municipal Review / April 2002 The Eight Tools Every Local Government Web Site Should Have

By JIM TEECE

E-government is taking hold in city halls and county 4. Employment. This is often the highest-traffic part courthouses across America. Already in some jurisdictions of a Web site. Make it convenient with online applications you can pay your taxes, apply for permits and watch council or, at least, the ability to download a pdf application form. meetings online. But most local governments are still “e- Database-driven Web sites can automatically notify a user volving” - following the typical development cycle of: of any or all job postings. 1st generation web site - Contact information, online 5. Search Engine. You know where information is brochures filed, but do your constituents? Make bureaucratic 2nd generation web site - Full government navigation easy with a search engine that searches only the documentation - charter, codes, ordinances content on your Web site. Minutes and agendas 6. Links. It’s called the World Wide Web because of News and calendar postings the ability to link one site to another, anywhere. And that’s Some interactivity what gives it power. Be a resource for your users. Show 3rd generation web site - Full “e-government” service them where to find more information on the subjects they’re delivery over the Internet interested in. Wherever your local government finds itself on the 7. Surveys-Quick Polls. Want the pulse of the evolutionary ladder, here are eight Web site tools you need community? Quick polls require only a few clicks and give to be a success. you a real time measure of public opinion. They’re fun for 1. News. Take it to the streets. Your Web site the user and, with a database-driven Web site, analysis of bypasses news media filters and communicates directly the information is easy. with your constituents. Tell your story the way you want it 8. Calendar. Meetings. Meetings. Meetings. Keep told. Keep it fresh. Remember, news is what’s new! track with an online calendar that shows daily, weekly and 2. Subscription/Profiling/Emailing. Give your Web monthly schedules. If you have a database behind your Web site users exactly what they want. Allow users to site, users can sort meetings by subject, department, automatically receive postings about news, calendar events, location or other criteria. jobs and other subjects they care about. To do this, your Add these eight tools to your local government Web Web site must be database driven. site and soon you’ll be whizzing along the information 3. Database. Put a database behind your site. It superhighway. Careful, don’t get a speeding ticket! simplifies posting information. It allows for automatic ______notification to Web site users. It increases security and Jim Teece is President and CEO of Project A (www.ProjectA.com), an stability. And it makes it easier to evolve from one Web site information technology company in Ashland, OR, specializing in government Web site development, networking and custom software. generation to another.

Go to www.IML.org! Submit a Directory Listing! How do I do It? Register an Individual for self-publishing of Directory account! What's Free? Directory Listing on www.IML.org Summer Festivals! Events Calendar! Ribbon Cuttings! Who's Elgible? Illinois Municipal League Meetings ...! It'sFree! members

Awards! No web site? - The Directory listing Obituaries! Announcements! What else? Makes your municipal can function as a mini web site! Innovations/Programs! What's the Benefit? web site easy to find! Markets your municipality! Newsletter! Large Audience exposure! Economic Development Assistance! Products/Services! Senior Citizen Programs!

April 2002 / Illinois Municipal Review / Page 13 Become An Organ Donor; Give The Gift Of Life By JESSE WHITE, Secretary of State

April is National Organ and Tissue Donation Awareness Month. While Illinois continues to be the national leader in Who Receives Transplants? registering potential donors, there are still many more They are given to patients on the basis of need and people on the waiting lists than there are available donors. medical criteria. People of all ages, including infants and Today, nearly 5,000 people in Illinois are waiting for a young children, may need a transplant to replace sick second chance at life. Many of them will die while waiting organs. - about 450 this year alone. It saddens me to realize that if How To Become A Donor every family with an eligible donor agreed to donation, 1) Sign the organ/tissue donor portion on the back of many of these lives could be saved. your Illinois driver's license or ID card directly on the As Secretary of State, I have made it a priority to inform plastic with a ballpoint pen. Two people, preferable family the people of Illinois, including our young people, about the members, should witness it. benefits of organ and tissue donation. 2) Join the Organ/Tissue Donor Registry. When you Teachers play an integral part in educating students visit a Driver Services facility, you will be asked if you want about this issue. For example, the 2002 Organ Donor Poster to sign the back of your driver's license and join the Contest, operated through the schools, attracted entries from Registry. You also can join the Registry by filling out an more than 300 classrooms statewide. organ donor card and mailing it to this office, by calling 1- To assist teachers in their efforts, the Secretary of 800-210-2106 or by visiting our Web site at State's office recently developed an "Organ & Tissue Donor www.cyberdriveillinois.com. in the Classroom" program. Free education materials can be 3) Tell your family. Hospitals will not remove any downloaded from our Web site at organs or tissue without permission from the donor's family. www.cyberdriveillinois.com. The Illinois Organ/Tissue Donor Registry is the largest A video, "The Nicholas Effect," tells the story of a 7- in the nation with more than 5 million potential donors. The year-old boy from California who was killed while Registry is a computerized database that documents your vacationing in Italy. The video includes footage of the boy wishes regarding donation. It provides valuable at school and on vacation. His parents discuss their feelings information to families who may not be aware of a loved about organ donation. Videos for older students also are one's intentions and are asked at the hospital for consent to available. To borrow a video or arrange for a speaker, call donate. the Secretary of State's Organ/Tissue Donor Program at All information is confidential. Only organ banks and 217-782-6258. coroners have access. What Can Kids Do? As Secretary of State, I gladly accept the challenge of If kids think organ donation is a good idea, they should convincing all Illinoisans that they have an awesome discuss it with their parents. Kids may want to visit the opportunity to give the gift of life. Secretary of State's Web site to find out more about organ Celebrate National Organ and Tissue Donor Awareness donation and take the organ donation quiz. Month by becoming an organ/tissue donor. Get started by Who Can Be A Donor? signing your driver's license and registering with my office. Anyone who meets the medical criteria, regardless of Follow up with the most important step - discuss your age, race or gender, can be a donor. Organs and tissue that wishes with your family. cannot be used for transplantation, due to advanced age or disease, often can be used to help find cures for serious illnesses. What Organs/Tissue Can Be Donated? Organs include the heart, lungs, liver, pancreas and kidneys. Ad Copy Tissue includes corneas to restore sight, bone to prevent amputation, heart valves for children born with heart problems or adults with heart disease, tendons to replace damaged tissue in injured joints, saphenous veins for bypass surgeries and skin as a temporary covering to reduce pain and infection in burn victims. Up to 100 people can benefit from a single donor.

Page 14 / Illinois Municipal Review / April 2002 LEADERSHIP ENHANCEMENT AND DEVELOPMENT 2002-2003

(Insert) LEADERSHIP ENHANCEMENT AND DEVELOPMENT 2002-2003

(Insert) Access Denied: Tax Appeals And Refusal Of Access To The Subject Property

By MICHAEL G. CORTINA Zukowski, Rogers, Flood & McArdle, Chicago

In Illinois, property owners have a right to appeal their Breslin noted that an administrative agency can exercise not property's tax assessment if they believe it to be incorrect. only powers expressly authorized by statute, but also those Consequently, taxing bodies have a right to intervene in tax powers which are implied as being necessary to carrying- appeal proceedings because their tax revenue is at stake. out the objectives for which the agency was created. She Despite the fact that the core issue in tax appeals is the value then reasoned that the PTAB's purpose is to determine the of the subject property and its improvements, property correct assessment of property and that purpose is thwarted owners have the power to claim their property is over- when owners refuse to allow taxing bodies access to the assessed and then refuse to allow taxing bodies access to the property to gather evidence in support of their case (i.e. property for inspection purposes. Not only is the refusal of prepare an accurate appraisal). Despite Justice Breslin's access rampant, it is sanctioned by at least one appellate cogent and well-reasoned dissent, she was apparently court district. unable to convince her colleagues of the correctness of her The property tax appeal process generally starts at the position. Further, appeal to the Supreme Court was not county Board of Review. However, a party dissatisfied with allowed, so County of Whiteside remains good law albeit the decision of the Board of Review can appeal the ruling to with bad results. the Illinois Property Tax Appeal Board (PTAB). The PTAB Property owners in tax appeals know well the decision then reviews the decision of the Board of Review de novo of County of Whiteside and use it as a shield and a sword with the goal of ascertaining the correct assessment of the when a taxing body wants to inspect non-public areas of the subject property. New evidence is normally submitted to subject property. Thus, property owners are allowed to the PTAB as the decision of the Board of Review carries no claim that their property is over-assessed and then turn weight. around and refuse access to anyone who wants to see proof Integral to determining the correct valuation of the of the alleged over-assessment. That is like claiming to win subject property is the ability of the appraiser to inspect the a hand in a game of poker and then refusing to show the premises. How can appraisers accurately determine the other players your cards. value of a particular piece of property if they are not able to Taxing bodies should speak with their respective inspect it? How are appraisers supposed to be able to legislators to start the ball rolling on an amendment to the accurately determine the value of improvements on a piece PTAB enabling statute. The amendment should not only of property if they cannot physically observe then? They grant the PTAB the power to require property owners to cannot. Despite the obvious need of all parties to be allow inspection of the premises, but should make it a allowed access to the property at issue, no statute expressly condition of appeal to allow any party to the appeal access grants taxing bodies the right to inspect. Further, no statute to the subject property at least once prior to the deadline for expressly allows the PTAB to require the property owner to submitting evidence. open the doors of the subject property for inspection. It has If the purpose of a tax appeal is to determine the correct also been held that the PTAB has no implied power to assessment for a piece of property, then there is no reason require inspections. Due to this lack of express or implied that any party to the appeal should be refused access. power, it has been held that the PTAB has neither the However, until the law is changed, either by statutory authority to order the inspection of the property, nor the amendment or by the overruling of County of Whiteside, power to issue subpoenas to require the inspection of it. property owners will continue to refuse access to their County of Whiteside v. Illinois Property Tax Appeal Board, property thereby gaining an unfair advantage in the appeal 276 Ill. App. 3d 182, 658 N.E.2d 481, 213 Ill.Dec. 11 (3d process. While we may scorn the property owners for Dist. 1995)(J. Breslin, dissenting); appeal denied, 166 refusing to allow access, they cannot be blamed for using Ill.2d556, 664 N.E.2d 649, 216 Ill.Dec. 12 (1996). every arrow in their quiver in the battle to lower their taxes. Justice Breslin, the dissenting Justice in the County of Rather than trying to convince every property owner to Whiteside case, clearly stated the argument in support of allow access, it would be simpler to try to change the law. why the intervenors should be allowed access. Justice

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April 2002 / Illinois Municipal Review / Page 17 Glendale Heights Hosts New York City Fireman

The Village of Glendale Heights was one of 16 communities in Illinois and 195 nationwide to invite New York firefighters to share their stories and be thanked for their heroism and bravery. During March 1-3, Glendale Heights hosted New York City Firefighter James Dahl of Unit L-59 and his wife Rose. The visit was made possible by the U.S. Conference of Mayors, New York City and County, the New York Convention and Visitors Tourism Bureau and free airfare offered by various airlines. "I am honored to welcome one of these heroic Ad Copy firefighters and to show the pride and patriotism of our community," Village President Linda Jackson said at a memorial unveiling ceremony at the Aquatic Center. The ceremony began with a short silent parade in honor of all fallen rescue workers and victims. The Village then unveiled a memorial designed and created by two Village employees as an expression of their feelings in the aftermath of the recent tragic events of September 11th.

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Page 18 / Illinois Municipal Review / April 2002 Seniors Ask

By MARGO E. SCHREIBER Director, Illinois Department on Aging

Question: Help! I am so confused by all the prescription is advisable to go ahead and fill out the Circuit Breaker drug plans. I understand there are some new ones, but I applications now (see above). Seniors already enrolled in can't keep them all straight and have no idea if I could even the Circuit Breaker/Pharmaceutical Assistance Program qualify for one. Can you help me sort them out? who meet the qualifications will be automatically enrolled Answer: Excellent question!! And, you're right - it's hard in Illinois SeniorCare. to keep them all straight. Some prescription assistance Novartis Care Card programs are national, some are state, some are public and This national discount prescription card is offered some are private. Each has a different payment formula. through the Novartis Pharmaceuticals Corp. It provides Probably the best thing you can do is to take a personal eligible Medicare recipients with discounts that average 25 inventory of all the prescription medications you need on a percent or more on selected Novartis prescription products. regular basis and get an accurate figure on your total annual Medicare recipients are eligible for the card if they: have a income and see what plan could best suit your needs. Here total income that does not exceed 300 percent of the Federal are a few of the major programs for seniors who need help Poverty level (approximately $26,000 for individuals and paying for prescription medications: $35,000 for couples), and do not have other prescription Circuit Breaker/Pharmaceutical Assistance Program drug coverage. For questions or an application call 1-866- This is for Illinoisans with disabilities or those age 65 974-CARE or visit www.novartis.com/carecard. or older who have an income of $21,218 or less, (or $28,480 GlaxoSmithKline Senior Drug Discount Card also for a two-person household, and $35,740 for a three-person known as "the Orange Card." household); and need prescriptions for: Alzheimer's disease, This is for seniors age 65 and older and disabled arthritis, cancer, diabetes, glaucoma, heart and blood persons who are enrolled in Medicare and have annual pressure problems, lung disease and smoking related incomes at or below 300 percent of the federal poverty level illnesses, osteoporosis and Parkinson's disease. Participants (less than $26,000 a year for an individual or $35,000 for a pay $5 if they have incomes below the poverty level and couple), and lack public or private insurance programs or $25 if above the poverty level (which fluctuates yearly; other pharmaceutical benefit programs, such as Medicaid. currently the poverty level is $8,590 for one person and The "Orange Card" entitles holders to savings averaging 35 $11,610 for a two-person household). The participant can percent on outpatient GlaxoSmithKline prescription drugs. then obtain medications either at no cost or with a $3 co- Eligible seniors can obtain an Orange Card form from their pay. After the program pays $2,000 for benefits during the doctors or by calling 1-800-Orange-6. For more state's fiscal year (July 1-June 30), the participant pays 20 information, visit www.glaxosmithkline.com. percent of the costs for the remainder of the year. Those Pfizer Share Card qualified can also renew their license plates for $24, which This is for people enrolled in Medicare who have no is a discount of $54. Call the Illinois Department on Aging's prescription drug coverage and have a gross income of less Senior HelpLine at 1-800-252-8966 (Voice and TTY) for an than $18,000 a year or $24,000 for a couple. Those who application or more information. Or visit qualify pay $15 for up to a 30-day supply for a Pfizer www.state.il.us/aging. The Illinois Department of Revenue, prescription. Call 1-800-717-6005 or visit which administers this program, also allows those who www.pfizerforliving.com for more information or an previously filed Circuit Breaker/Pharmaceutical Assistance application. applications to file via the Internet at www.ILtax.com. For more information on any of the above, or for other Illinois SeniorCare information, please call the Illinois Department on Aging's This is modeled on the above Circuit Senior HelpLine at 1-800-252-8966 (Voice and TTY). Staff Breaker/Pharmaceutical Assistance Program and pools will be happy to answer your questions or refer you to the federal and state Medicaid money to help seniors age 65 and right place, including places in your own community where older with a broader range of medications. Those with you can get help in filling out the Circuit annual incomes up to $17,180 for a single person and Breaker/Pharmaceutical Assistance applications, or write $23,220 or less for a two-person household (200 percent of to: Seniors Ask, c/o Margo Schreiber, Director, Illinois the federal poverty level) can qualify without being subject Department on Aging, 412 E. Capitol Avenue, Springfield, to an asset test (levels for 2001 applications filed in 2002). IL 62701. The program is scheduled to begin June 1, 2002, through it

April 2002 / Illinois Municipal Review / Page 19 After 46 Years, Deitz Hanging Up The Whistle

By TERRY AUD

This article is reprinted with the permission of the Mt. Vernon Register News , March 20, 2002

After 46 years of officiating basketball games, Dick Dolton (Chicago suburb) Thornridge High School and Deitz, one of Illinois' finest and most respected Donavon McNaab of Mt. Carmel High School in officials, has decided to hang up the striped shirt. Chicago." Deitz says the main reason he is retiring is Deitz started officiating the Conrad Allen because of his knees. "I will be 63 years old on Holiday Tournament at Wayne City in 1966 and March 29, and I don't think my knees can take has every year since. "I have officiated every much more of the running up and down the championship game since 1966 by coaches' floor." choice." Deitz has been picked every year. He pointed out an official will run Deitz started officiating in the approximately three miles a night officiating a prestigious Centralia Holiday Tournament in game. 1962. Deitz said, "I was fortunate enough to Deitz, also Mayor of McLeansboro, got his officiate the silver anniversary (25 year) start in officiating in 1956 as a junior in high championship game, and then 25 years later, I school. He and fellow classmate and teammate officiated the golden anniversary championship Jerry Thomas started officiating for the rural grade game." schools. At the time, the rural grade schools had to "I have officiated the Class AA championship come to town and play in the old girl's gym in games at two different sites, at the Assembly Hall in McLeansboro. Deitz and Thomas continued to officiate the Champaign and the Civic Center in Peoria." Deitz said he grade school games through their senior year in high school. holds a record that will always stand. "I am the only person After graduation, Deitz played independent basketball alive that has officiated the Double A state tournament at and out of that came a friendship with Dean Millenbine. two different sites using two person mechanics (officials). Deitz and Millenbine began officiating basketball games The state tournament now uses three person mechanics." together. As a licensed official, the first game they officiated Deitz has been a rules interpreter for the IHSA since was a grade school game at the present East Side gym in 1975. At Lebanon, Indiana in 1975 Deitz put together a 1958. The next three years they officiated grade school and documentary film on officiating for the National Federation high school "B" games. of High Schools. In 1961 Deitz officiated his first high school varsity In 1998, Deitz was elected to the Illinois Basketball game at Carmi versus Edwards County. Hall of Fame and will continue with the rules interpretations For forty years straight Deitz has officiated a regional and work with the IHSA evaluating officials at ball games. championship game along with numerous sectionals, super- Deitz said the hardest part about officiating was the sectionals and state tournaments. Deitz has also officiated travel in bad weather and the fatigue. "It is tough traveling college basketball games in five different states. to and from games when it is snowing and roads are slick. "The greatest thing I have achieved from officiating is After working the game, you are tired and have to drive the people I have met and came in contact with. They have home." Deitz says he encourages young people to get trained and taught me so many things about life. Among involved. "Officiating is a career in itself." those people are my fellow officiating partners," said Deitz. This year Deitz has been officiating at several schools Deitz's high school coach, Gene Haile, also got where he officiated when he first began and several have involved in officiating football games at the same time he honored him. started officiating basketball games. Deitz plans to continue At Norris City, they gave Deitz a standing ovation after officiating football games for a couple of more years and is the game. He received plaques at Eldorado, West Frankfort also a licensed umpire for baseball and softball. and at the Benton Invitational. Deitz has officiated 10 state championship games in "At Crab Orchard, they stopped the game with 18 football and basketball, six in football and four in seconds left in the game and presented me with the game basketball. ball." At next year's Centralia Holiday Tournament they are In the middle '70s Deitz and his football crew officiated going to honor Deitz. in the state championship games, and he came back in the About officiating and as in life, Deitz said, "There is no middle '90s with a different crew and officiated the state substitute for experience." tournament. Deitz officiated his last game on March 6, at SIU- Deitz said of all the years he has been an official, there Edwardsville in a game between East St. Louis and are four highlights of his career: Edwardsville. Deitz said, "A lot of people ask me who is the best ______player that I had a chance to see while officiating. The two Photo courtesy of the McLeansboro Times-Leader best basketball players I have seen are Quinn Buckner of

Page 20 / Illinois Municipal Review / April 2002 Leadership Conference - June 18-19, 2002 Building a Brighter Future: Tools for Leaders in Uncertain Times

Across the state, organizations and communities are Commerce and Community Affairs, Easter Seals of Illinois, reeling from changes that challenge the models of Illinois Farm Bureau, Illinois Institute for Rural Affairs, development that have been useful in managing our lives, Illinois Rural Health Association, Illinois Valley our organizations and our communities. If anyone doubted Community College, Jasper County Chamber of that international political events affect small towns, rural Commerce, Lt. Governor Corrine Wood's Rural Affairs areas and urban centers across America, those doubts have Council, Rural Partners, Thomas N. Jacob and Associates, been laid to rest. To manage in uncertain times, leaders must Tuscola Economic Development, University of Illinois engage their organizations and their communities to address Child Care Resource Center, University of Illinois problems and opportunities together. While a crisis can Extension, University of Illinois Laboratory for Community provide the incentive and direction for action, our and Economic Development, USDA Rural Development communities must sustain action and involvement long after and the W.K. Kellogg Foundation. the crisis has cooled. What strategies can leaders employ to bring people together for long-term, sustained involvement that leads to progress? Developing the leadership skills to deal with uncertainty is critical to the success of communities, organizations and agencies. To learn more about developing effective leadership skills, attend the fourth annual leadership conference, "Building a Brighter Future, Tools for Leaders in Uncertain Times," June 18 - 19, 2002 in Champaign. This conference is designed for people who are in leadership positions or are working on community projects, and seek to manage community involvement in those projects more effectively. Topics include defining leadership roles, managing meetings, team building, managing change, developing leadership in your community and working with the media. Cost of the two- day conference is $90. Scholarships are available. Participation is limited, so register early. For more information, contact Anne Heinze Silvis at a- [email protected] or call Anne at 217.333.5126. Or, check www.ag.uiuc.edu/~lced/. Conference sponsors include AgriAbility Unlimited, Carle Center for Rural Health and Farm Safety, College of DuPage, Community Mapping Program, Department of

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April 2002 / Illinois Municipal Review / Page 21 Bridgeview and Sherman Approves - Advisory Services Update: Markham & Posen Reject Police Pension Funds Home Rule

Bridgeview residents overwhelmingly approved The Illinois Department of Insurance, Pension Division becoming a home rule community in the primary election has received several clarification requests regarding last month. benefits to survivors: Almost 70 percent of Bridgeview residents voted in 40 ILCS 5/3-112(a). Pension to Survivors states, in part: favor of becoming a home rule community in the primary "Upon the death of a police officer entitled to a pension election March 19. According to election results, 1,754 under Section 3-111, the surviving spouse shall be people voted for the proposal and 757 voted against it. entitled to the pension to which the police officer was It was the first time Bridgeview asked its residents to then entitled. ..." approve becoming a home rule unit of government. Citizens in Markham and Posen, communities also in Section 3-111.1 Increase in Pension, does not mention Cook County, rejected proposals for their communities to any pension increase being applicable to a survivors become home rule units. pension. Municipalities in Illinois must have a population of at Since the Pension Code does not state any increases for least 25,000 to automatically become a home rule survivors and there have been several attempts by the community. Otherwise, residents must approve becoming a legislature to address this situation the position of the home rule government in an election. Bridgeview has Illinois Department of Insurance, Pension Division is that: 15,335 residents as of the 2000 Census. upon the death of a police officer, with a surviving spouse, In a home rule unit of government, local officials are the pension the police officer is either receiving or entitled given additional powers to establish laws and impose taxes. to is fixed at the date of death, with no further increases Without home rule, municipal powers are limited to those being payable. granted under state law. We are aware of instances that the Police Pension Code The Village of Sherman (Sangamon County) easily is being applied in a manner contrary to the above. approved home rule on primary day Should you have any questions related to the above Residents of Sherman approved home rule by a 3 to 1 information, please contact Lee Woods, Advisory Services margin. By a 695 to 236 vote, residents gave their local Technical Advisor, Pension Division, Illinois Department of officials additional authority in regulation, licensing, Insurance at 1-800-207-6958. issuance of bonds and enacting taxes. According to Village President Frank Meredith, “The affirmative vote showed residents’ faith in their elected leaders. The results are a credit to the current board and administration.”

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Page 22 / Illinois Municipal Review / April 2002 Legal Q & A Vegetation Management/Tree Trimming

By ROGER HUEBNER, General Counsel, IML JERRY ZARLEY, Paralegal, IML

This monthly column examines issues of general button, type “ANSI A300” in the search box without the concern to municipal officers. It is not meant to provide quotation marks, click on the document that you want to legal advice and is not a substitute for consulting with your purchase, and then add it to your basket to make the municipal attorney. As always, when confronted with a purchase. legal question, contact your municipal attorney as certain Municipalities in Illinois may set more stringent unique circumstances may alter any conclusions reached standards through a properly enacted ordinance or a franchise, contract, or written agreement between the herein. iii Spring is here and Summer is just around the corner. electric utility and the municipality. However, where the This means that the plant life throughout the state will be standards established by ordinance conflict with those of ANSI and result in a higher cost to the utility, the awakening from its Winter slumber and begin to grow. As iv a result, yard work and landscaping activities will resume. municipality may have to pay the difference. These disputes are settled by the Illinois Commerce Commission In addition, and more important to municipalities, utility v companies will be implementing vegetation management (ICC), and the burden of proof is upon the electric utility. programs to protect their utility lines. Specifically, utility Subsection(a)(2) of the Public Utilities Act requires companies will be trimming trees that are located on public electric utilities to provide direct notice of its tree trimming activities “no less than 21 days nor more than 90 days and private property. These tree trimming activities (a.k.a. vi non-emergency vegetation management activities) may before the activities begin.” Where the activities will occur in an incorporated municipality, the notice must be have many implications for municipalities, utility vii customers, and property owners. However, as a result of given to the mayor or his or her designee. Circuit maps or House Bill 1776 enacted by Public Act 92-0214 effective a description by common address of the area to be affected by the activities must accompany this notice to the August 2, 2001, changes were made to tree trimming viii requirements and standards. municipality. In addition, notice must be directly given to any affected customers, and public notice must be given Q: What are the new requirements and standards that public to the affected property owners.ix The public notice must utilities must follow for their tree trimming activities? be published in a newspaper or newspapers in general A: Section 8-505.1 of the Public Utilities Acti requires circulation and widely distributed within the entire area in public utilities to provide direct notice to municipalities and which the tree trimming activities notice will occur.x affected customers, and public notice to affected property However, an electric utility is not required to comply owners prior to implementing tree trimming activities. They with these requirements in emergency situations,xi or when are to also follow the tree care and maintenance standard there is a franchise, contract, or written agreement between practices published by the American National Standards the utility and the municipality and the franchise, contract, Institute (ANSI) rather than the guidelines of the or written agreement provides notice requirements.xii International Society of Arboriculture. Where the franchise, contract or written agreement provides Subsection(a)(1) of Section 8-505.1 of the Act no for notice requirements to the municipality, affected longer requires electric public utilities to follow the customers, and affected property owners, the franchise, guidelines of the International Society of Arboriculture contract or agreement will control. Where there are no when conducting their non-emergency vegetation requirements in such a franchise, contract or agreement, the management. The Act now provides that they shall follow notice requirements of the Act will control.xiii Therefore, the most current tree care and maintenance standards set regardless of whether there is a franchise, contract or forth in ANSI A300 published by ANSI.ii Those standards written agreement, the electric utilities are required to give come in three parts for a total cost of $74.00, and can be notice to the municipality, the affected customers and the purchased through the ANSI web site at affected property owners. Unfortunately, Neither the Act, http://www.ansi.org/. Just click on the “Standards Info”

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April 2002 / Illinois Municipal Review / Page 23 the ICC, nor case law provides for an adequate definition of “affected customers” or “affected property owners.” Poll: Cities Oppose The ICC is still the regulating authority of tree trimming activities conducted by public utilities.xiv Electric utilities are required to submit their plans (or tariffs) Budget Cuts to Local describing their proposed vegetation management activities to the ICC for approval.xv In addition, the ICC is obligated Programs to investigate, issue and hear complaints against an electric public utility and to hear and resolve disputed matters A National League of Cities (NLC) poll of 180 cities brought to it as provided in this amended subsection. shows cities oppose key parts of the proposed Bush In conclusion, the amended version of Section 8- budget. 505.1 of the Public Utilities Act requires electric utilities to Four out of five (80 percent) of the surveyed officials follow nationally established standards in their tree believe budget items in four key areas will have a net trimming practices. It permits a local ordinance to be more negative effect on their communities. The four budget stringent than the statutory statewide standard provided the categories are homeland security, local law enforcement, municipality agrees to pay the difference between the transportation and water infrastructure. Nine percent said implementation of the local ordinance and the statutory the changes would have a net positive effect and 11 statewide standard. Furthermore, this legislation percent said the effect would be “no change.” established procedures for disputes that may arise between “Homeland security depends on hometown the utilities and municipalities or residents to be heard by security,” said Karen Anderson, NLC president and the Illinois Commerce Commission. Finally, whether Mayor of Minnetonka, Minn. “We applaud greater regulated by franchise, contract, written agreement, spending to combat terrorism, but we cannot pursue ordinance or not, electric utilities are required to give direct homeland security at the expense of public safety and notice to municipalities and affected customers. They are other basic needs of America’s cities and towns." also required to give public notice to all affected property While the majority of the surveyed officials said they owners. As a result of the extensive changes to Section 8- support the increased funds for homeland security, most 505.1 of the Public Utilities Act, municipal officials are said it should not mean reduced funding support for strongly encouraged to review their current standards as essential city services. they relate to an electric utility’s tree trimming activities, The cities were asked to describe the local effect of and to utilize your municipal attorney in this effort. four elements of the proposed Bush budget for 2003: the ______$3.5 billion in homeland security funds for “first i 220 ILCS 5/8-505.1 (West 2000) (as amended by P.A. 92-0214 responders,” to be funneled through states; a 90 percent effective August 2, 2001). ii reduction in the Community Oriented Policing Services 220 ILCS 5/8-505.1(a)(1) (West 2000). (COPS) program and elimination of the Local Law iii See 220 ILCS 5/8-505.1(d) (West 2000). iv Id. Enforcement Block Grant program; a 30 percent cut in v Id. surface transportation funding for highway and transit vi 220 ILCS 5/8-505.1(a)(2) (West 2000). programs; and reduced funding for water infrastructure. vii 220 ILCS 5/8-505.1(a)(2)(A) (West 2000). Among the respondents, the net effect of these four viii 220 ILCS 5/8-505.1(a)(2)(E) (West 2000). ix 220 ILCS 5/8-505.1(a)(2)(C) & (D) (West 2000). categories in the President’s budget were described as x 220 ILCS 5/8-505.1(a)(2)(D) (West 2000). follows: xi 220 ILCS 5/8-505.1(b) (West 2000). 53 percent said “very negative,” xii 220 ILCS 5/8-505.1(c) (West 2000). xiii Id. 27 percent said “somewhat negative,” xiv See 220 ILCS 5/4-101 et seq. & 8-505.1(d) (West 2000). 11 percent said “no change,” xv 83 ILAC 411.190 2 percent said “somewhat positive,” and 7 percent said “very positive.” “Our wastewater plant is in need of millions of Ad Copy dollars to prevent sewer backups and flooding of homes,” said Villa Park Village President Rae Rupp-Srch. “We also need updating of our wet-weather sewer facility. Losing these funds would have a very negative impact on our community.”

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Page 24 / Illinois Municipal Review / April 2002 New & Noteworthy Call For Recycling Awards Nominations Within three years, EVNORSKO's plan will result in a potential reduction of 9,600 lbs. of hydrocarbons per year; The Illinois Recycling Association is looking for 126,000 lbs. of carbon monoxide; and 10,000 lbs. of nominations for its 2002 Annual Awards Program. Each nitrogen oxides per year. year the Association recognizes outstanding recycling and "It's been a real gratifying experience," said Cathy waste reduction efforts by individuals and organizations in Radek, City of Evanston Superintendent of Administrative Illinois. This year’s award winners will be recognized Services. "We are actually changing our way of doing during the first ever joint conference with the Missouri things. EVNORSKO is such a practical solution for a Recycling Association July 15-17, 2002, at the St. Louis complicated issue," she said. Hyatt Hotel. The authority will own and operate the facility, and each entity within will have a primary responsibility. The This year’s award categories include: City of Evanston will be responsible for daily operations of Recycler of the Year the facility. Northwestern University will provide education Outstanding Business Recycling/Waste Reduction outreach to the community, and the Village of Skokie will Program provide technical expertise in the selection of vehicles. Best use of a Recycled Material Outstanding Recycling Education Program The City of Evanston took the lead to partner with two Outstanding Community or Government Program neighboring entities with substantial sized fleets to meet and Other Potential Categories (including outstanding exceed all of the clean fuel fleet program requirements for service provider, outstanding government the state of Illinois and federal programs. leadership, outstanding household hazardous Chicago Area Clean Cities, a coalition which actively waste program or outstanding paint/tire/electronics pursues creative ways to comply, inspired Radek to meet recycling program) with neighboring Northwestern University staff to explore For more information, contact David Walters, Illinois areas of mutual benefit, including fueling possibilities for Environmental Protection Agency, at 217/782-9261. their gasoline/diesel fleet. Evanston and the University's maintenance facilities share a common property line. Northwestern University funded a consultant to map out a Local Governments, Private University Take plan for compliance, and the Village of Skokie soon entered On Air Pollution into the discussions. When all entities agreed that natural gas would be their As early as next month, the first known public/private best alternative fuel for each of their needs, a formal public- partnership to commit to reducing harmful emissions private partnership was created, providing a total of 850 regionally will realize the result of at least five years Of vehicles for an impressive application for the grant. planning. A brand-new alternative fuel dispensing facility The authority hopes to open the facility to the public, will be installed at the City of Evanston's service center to who can also benefit from the installation of at least 10 benefit the fleets of Evanston, Village of Skokie and additional stations in the Chicago area, and approximately Northwestern University, an authority now called 5,000 around the country. EVNORSKO. The authority succeeded in obtaining one of the first federal grants for the installation of a fast fill compressed Poll: E-Government Will Aid Terror Response natural gas fueling facility - $300,000 provided by the federal government and the Institute for Gas Technology. A new survey conducted by the Hart-Teeter polling organization found that 70 percent of the public believes e- government can help fight terrorism by enabling agencies such as the FBI and the Centers for Disease Control and Prevention and local law enforcement to share information.

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April 2002 / Illinois Municipal Review / Page 25 Seventy-seven percent think that similar information sharing can help agencies coordinate a response to a public health threat or bioterrorism attack. Furthermore, 90 percent favor e-government systems that would help Ad Copy federal, state and local law enforcement agencies exchange information to catch and prosecute criminals and terrorists. In a similar survey a year before the terrorist attacks, the public looked to e-government chiefly as a way to learn more about what government was doing - and thus hold government accountable - and to receive services. Overall, 42 percent of those polled say they "feel positive toward e-government." That compares to the 35 Ad Copy percent who felt positive about e-government when polled in August 2000. Similarly, only 35 percent of Internet users said they think it is safe to pay a ticket or a fine with a credit card on a government Web site. Commercial Internet sites got a higher safety rating: 45 percent said they thought it was safe to buy things over the Internet from commercial sites. By comparison, in August 2000, 36 percent thought it was safe Ad Copy to buy from commercial sites. The most surprising finding in the 2000 poll was that 54 percent of the public expected the Internet to make it easier to hold government accountable for what it does or fails to do. The November surveys showed the public's belief that e-government can improve accountability had increased to 62 percent. One e-government feature that is losing support is online voting. Sixty-three percent of the public opposes Ad Copy online voting, and among those who favor it, support has dropped from 38 percent in August 2000 to 33 percent today, the poll found. The report can be found online at: www.excelgov.org/techcon/0225poll/index.htm.

New Web Site Provides Information on Mobile Sources of Air Pollution

A new Web site developed by the U.S. Environmental Protection Agency (EPA) provides information on air pollution from motor vehicles, engines and equipment, collectively known as mobile sources. Mobile sources pollute the air through combustion and fuel evaporation. These emissions contribute greatly to air pollution nationwide and are the primary cause of air pollution in many urban areas. Ad Copy EPA's Web site provides information on the pollutants that come from mobile sources and how they contribute to overall air pollution levels. The site also explores steps EPA and others are taking to reduce mobile source emissions and presents tips on what you can do to help. To visit the Web site, go to: www.epa.gov/otaq/invntory/overview/index.htm. For further information, contact the National Vehicle and Fuel Emissions Laboratory Library by telephone at 734-214-4394 or via e-mail at [email protected].

Page 26 / Illinois Municipal Review / April 2002 May 2002 Municipal Calendar

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April 2002 / Illinois Municipal Review / Page 27 MUNICIPAL Exchange SERVICE Provided as a public service to member municipalities...

Page 28 / Illinois Municipal Review / April 2002 MUNICIPAL Exchange SERVICE Provided as a public service to member municipalities...

April 2002 / Illinois Municipal Review / Page 29 MUNICIPAL Exchange SERVICE Provided as a public service to member municipalities...

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