Jo-Carroll Depot Local Redevelopment Authority

Jo-Carroll Depot Local Redevelopment Authority Infrastructure Committee 9:30 a.m., Tuesday, May 15, 2012 18933 A Street, Savanna Depot Park Savanna, IL

I. CALL TO ORDER: Committee Chairman Ron Smith called the meeting to order at 9:31 a.m. on Tuesday, May 15, 2012.

II. ROLL CALL was answered as follows: Present: Don Crawford, Steve Keefer, Bill McFadden, Bill Robinson and Ron Smith. Absent: None. Other board members, staff and attorney present: Paul Hartman, Bill McCormick and Bill Wright, Phil Jensen, Mara Roche, and Ashley Bunn. Guests present: Ole Pace (RVPR), Tom Kamper (RVPR), Tim Schoenig (WWTPO), Jo Carey (Local Army), John Clarke (Local Army), Tom Lederle (BRAC Office) and John Lanctot (Lt. Governor’s Office).

III. AGENDA ADDITIONS: None

IV. APPROVAL OF MINUTES OF April 17, 2012: A motion to approve the April 17, 2012 Infrastructure Committee minutes was made by Bill McFadden, seconded by Don Crawford. The motion carried by voice vote.

V. Executive Session: will be moved to the end of the meeting.

VI. OLD BUSINESS: A. Discuss water, sewer system, long-range plan –

1. Review expenses –Ashley Bunn reviewed expenses and revenues for April 2012 five months into the fiscal year. The total expenses for April 2012 including reinvestment costs were $4,547.41 and the total revenues were $1,546.04.

1 2. Next Steps – None. 3. Army Discussion – Phil Jensen provided an overview of the current situation with the LRA and the water/sewer system. He specifically highlighted the deferred maintenance by the Army that the LRA has had to subsidize for the past several years and the maintenance projects which need to be done that the LRA is requesting funding for. Tom Lederle gave an overview of the original intentions of the Base Realignment and Closure (BRAC) policies and procedures. Tom reports that the overall budget for environmental clean up has been significantly cut down and BRAC staff has been downsized. Right now he is not able to distribute funds from the BRAC 2005 fund in order to fund the Savanna Depot Park since Savanna is considered a legacy BRAC. Legislation is currently being worked on to merge the two accounts. If this legislation goes through he will have more flexibility with distributing funds because the BRAC 2005 fund currently has a little bit of income coming in. Tom explained how projects are considered on a prioritized basis and the projects with the highest priority would be funded first. Specifically, projects such as an on-going operation with a current contractor or an imminent threat to public health or safety would be top priority. He also stated that if the LRA would communicate the importance of particular parcels with high priority for reuse he would try to make those particular parcels high priority but he cannot guarantee that it will always work out that way. Tom stated that several communities secure grants in order to maintain and improve utilities because the Army has not been able to keep the infrastructure up to date. However, he understands it is not possible for the LRA to secure a grant for the water tower because the LRA does not own the water tower. Tom states he would have to speak to his lawyers in order to find out if the Army can fund any projects but typically once he has transferred or leased property he is not authorized to provide funds to maintain the property. Tom reports that he is not part of regulating the environmental clean up and if the LRA has any issue with the way the regulations are taking place and if those regulations are hurting economic development the LRA can make a specific complaint. Tom agreed to provide an e-mail or letter which will state the intentions of the Army whether or not to fund projects that the LRA is requesting financial assistance for once he has had a chance to speak to his attorneys. He will provide that information in a month or less. Tom also stated that he was able to hold off on a transfer if it were for the

2 benefit of the LRA. He agreed to put in writing that he would delay the transfer of the sewer treatment plant parcel until the LRA was ready to have it transferred. Tom stated that the issue of having either or both counties pull out of the intergovernmental agreement is a local issue and not something the Army could take action against. If the LRA were to dissolve early, he is not certain if the Army would be responsible for the existing contracts with tenants but he would have to check with his lawyers. Phil feels that the fully executed contracts would still be valid but he does not believe any further conveyances would occur. Tom stated that if the LRA felt the Memorandum of Agreement (MOA) was no longer adequate or no longer accurate then the LRA could ask the Army for and amended MOA. Tom stated that during his experience almost all of the areas end up with some kind of liabilities but no community has backed out of the agreement regardless of those liabilities. The specifics that would occur if one of the counties pulled out of the agreement would all be a matter of local decisions. Tom stated the four bases he is working on for major environmental clean up are Fort Wingate, New Mexico, For McClellan, Alabama, Fort Ord California and Savanna, with Savanna being one of the more rural bases in all of BRAC. These are the largest for overall clean up as well as the largest monetarily as well. Tom stated that if the LRA is being told the BRAC real estate office is out of funds to work on transferring property he could let the LRA know who to contact to clear up this issue because Corp Headquarters has money. Tom stated that the LRA should let him know if property transfers are being held up because he chairs a monthly property transfer meeting and he can ask why parcels have not yet been transferred especially if they are supposed to be fast tracked for reuse and development. Tom is the overall point of contact for all BRAC related property conveyances. Paul Hartman, LRA Board Member and Carroll County Board Member summarized the meeting between the County and Tom Lederle from the day before. He reports that currently the county still feels there is too much liability and are still leaning towards pulling out of the agreement before November. The county would like more specifics from Tom and the Army, specifically the date of the transfer of the water/sewer infrastructure.

Jo Carey (Army), John Clarke (Army), and Tom Lederle (BRAC) exited at 10:33 a.m.

3 John Lanctot, Lieutenant Governor’s Office, gave an overview of what his office’s place was on the issues at the depot. The Governor’s Office has a clearinghouse for all BRAC related issues which is called the Interagency Military Base Support and Economic Development Committee (IMBSEDC). The IMBSEDC works with six different state agencies including IDNR, IEPA, IDOT, DCEO, revenue and military affairs in order to work together to minimize issues that arise during BRAC processes. Now that John has heard a specific issue with IEPA possibly deterring development at Savanna’s Depot he can take this information back to his office and find out what they can do to make the process easier in Savanna.

Phil Jensen (LRA Attorney) exited at 10:35 a.m.

John stated that although they do not have much authority legally since it is a federal issue they can try to work together with all the stakeholders involved and make the process easier. He stated it is easier to help if specific issues are presented instead of general problems and the Governor’s Office should be contacted with any issues.

John Lanctot (Lt. Governor’s Office) exited at 10:37 a.m.

B. Review of Capital Improvement Projects 1. Capital Improvements for FY ‘11 a. 244 Lift Station –Tim Schoenig reports that he has been working a little bit on this project but is mostly waiting for some parts to come in. 2. Capital improvements for FY 12 a. Effluent Pump and Motors at WWTF – Tim reports he has not received any quotes yet. b. Water Tower Painting – tabled and pursuing financial assistance from the Army.

4 C. Recommendations on capital improvements or maintenance items – Tim reports that he will be receiving estimates for the water tower vent before the end of the day.

VII. NEW BUSINESS: A. Monthly review of water analysis – none this month. B. WWTP Operator monthly report – the Committee reviewed the report. A motion to approve the WWTP Operator’s monthly report was made by Don Crawford, seconded by Bill Robinson. The motion carried by voice vote. C. WWTP Operator’s bill [Action required of over $2,500]. – Not over $2,500. D. Riverport Railroad Correspondence – This item has been on hold until Ole Pace was available to explain their intent and answer any questions the committee might have before reviewing the proposal. Paul has provided this letter to the Carroll County Board Chairman and Carroll County Administrator and he indicated there may be concerns with the conditions that Riverport Railroad are requesting, i.e. funding the maintenance until transfer. Ole Pace explained their intent of the conditions listed in the letter, stating that he believes the money should be used for infrastructure and improvements at the depot, such as water/sewer, as stated in the MOA. . He also explained that the system would be run as an association which is regulated through the commerce commission so that all users would be charged fair rates and they would be subject to regulation. After an agreement is drafted and reviewed, it will be provided for review to the counties States Attorneys. A motion to recommend to the full board to have Ole Pace, Riverport Railroad and Phil Jensen, LRA Attorney work together to draw up a draft to have Riverport Railroad take over the water/sewer system under certain circumstances and with certain stipulations was made by Bill McFadden, seconded by Bill Robinson. The motion carried by voice vote. E. Hydrant Use Policy – The Committee reviewed the current policy. The Committee agreed since the water/sewer rates were raised 25% that the hydrant use fee should be raised 25% as well. A motion to recommend to the full board to raise the hydrant use fee by 25% from $100 a day to $125 a day was made by Steve Keefer, seconded by Bill Robinson. The motion carried by voice vote.

5 F. Sewer Discharge Policy – The Committee reviewed the policy which has had changes from Phil Jensen and Tim Schoenig. The Committee found one wording change from Phil’s corrections. The Committee directed staff to contact Phil with Tim’s changes and the change that the Committee agreed on and to review it again at the June Committee Meeting. G. Set next meeting date – Next meeting is set for Tuesday, June 19, 2012

VIII. OTHER UPDATES: Mara reports that she had just received a call from the st BNSF and the railroad crossing will be closed from 6 a.m. to 3 p.m. on May 21 nd and 22 . It was initially supposed to be closed starting at 8:00 a.m.

IX. PUBLIC COMMENT: None

A motion to enter closed session at 11:18 a.m. as permitted for the following under: 5 ILCS 120/2 (c)(6): The setting of a price for sale or lease of property owned by the public body. 5 ILCS 120/2 (c)(11): Litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending in a court or administrative tribunal, or when the public body find that such an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting was made by Bill McFadden, seconded by Bill Robinson. The motion carried by roll call vote as follows: Don Crawford, Steve Keefer, Bill McFadden, Bill Robinson and Ron Smith. Ayes: 5, Nays: 0

Guests were excused.

A motion to return to open session at 11:41 a.m. was made by Steve Keefer, seconded by Bill Robinson. The motion carried by roll call vote as follows: Don Crawford, Steve Keefer, Bill McFadden, Bill Robinson, and Ron Smith. Ayes: 5, Nays: 0.

6 Guests returned.

X. ADJOURNMENT: A motion to adjourn was made at 11:41 a.m. by Don Crawford, seconded by Steve Keefer. The motion carried by voice vote.

______Ashley Bunn, LRA Secretary