June 2016

Transportation in Illinois

Making the Connection: Biking and Economic Development

Lobby Day Wrap-up i | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 ILLINOIS MUNICIPAL REVIEW | MONTH 2015 The Magazine of Municipalities

REVIEW

ILLINOIS MUNICIPAL

EDITOR IN CHIEF Brad Cole 3 From the Editor’s Desk MANAGING EDITOR Rebecca Turner 5 Advocacy Update The Legislative Process Doesn’t End When the General Assembly Adjourns

(ssn 0019-2139) 6 Lobby Day Wrap-up Telephone (217) 525-1220 7 Public Duty Press Conference Volume 95, No 06, June 2016. Total number 1,088. 9 Vehicles and Illinois Roadways The Illinois Municipal Review (USPS 258-180) is published monthly in Springfield, IL, by the Illinois 11 Illinois’ Aviation System Municipal League, Editorial and Executive Offices, 500 E. Capitol Ave., Springfield, IL 62701. 13 General Aviation Supports Local Communities

Subscription per year: Domestic $30.00. 14 Municipal Calendar – June

Periodical postage paid at Springfield, IL 62705-5180 and at 15 Illinois Rail additional mailing office. 17 Making the Connection: www.iml.org Biking and Economic Development

POSTMASTER: Send address changes to: Illinois Municipal 20 Legal Brief Review, PO Box 5180, Springfield, IL 62705. Regulation of Golf Carts and Low-Speed Vehicles

23 Risk Management Driving Safely Through Work Zones

24 Fun in Illinois! June 2016 Festivals

25 Awards and Grants

26 The Next Big Thing in Local Government

27 It’s Greener to Shop in Stores

28 Professional Services Directory

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 1 Advertisement

2 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 The Magazine of Municipalities of Magazine The

OFFICERS OF THE FROM THE Editor’s Desk ILLINOIS MUNICIPAL LEAGUE PRESIDENT Village President Tom Gray, Chatham “The cities – their needs, their future, their financing – these are the great unspoken, overlooked, underplayed problems of our times.” FIRST VICE PRESIDENT John F. Kennedy (1917 - 1963), Village President Karen Darch, Barrington 35th President of the United States from 1961 to 1963 SERGEANT-AT-ARMS Village President Eugene Williams, Lynwood

The Illinois City / County Management Association (ILCMA) EXECUTIVE DIRECTOR was founded in 1953 for the purpose of supporting and improving Brad Cole, Former Mayor, Carbondale municipal and county management and strengthening local government in Illinois. Each year, ILCMA members are invited VICE PRESIDENTS Mayor Thomas J. Weisner, Aurora to attend two conferences to discuss current practices in local Mayor Mark W. Eckert, Belleville government and attend training sessions to develop managerial Mayor Michael Chamberlain, Belvidere skills. The summer conference, scheduled for June 22-24, is a Mayor Rahm Emanuel, Chicago full program of educational seminars, but also encourages family Mayor Kevin B. Hutchinson, Columbia participation. This year the summer conference is being held in Mayor Aaron Shepley, Crystal Lake partnership with the Wisconsin City/County Manager Association Village President Teresa Kernc, Diamond (WCMA) in Fontana, Wisconsin. For more information see https:// Mayor Emeka Jackson-Hicks, East St. Louis www.ilcma.org. Mayor James L. Gitz, Freeport Mayor Joe W. Bisch, Grayville Village President Rodney S. Craig, Hanover Park IML MEMBERSHIP UPDATE Mayor Andy Ezard, Jacksonville This month the Illinois Municipal League welcomes the Villages of Village President Les Bellah, Kirkland Tilton and Elk Grove Village as the newest IML members. Mayor Joseph J. Broda, Lisle Mayor Michael J. Inman, Macomb The Village of Tilton is located in Danville Township, Vermilion Mayor Robert L. Butler, Marion County. Tilton has a proud history, built on hard work and strong Mayor Timothy D. Gover, Mattoon family ties. It began as a mining village in 1855 and later became Mayor Mary Jane Chesley, Mount Vernon a large railroad terminal. By 1905, these enterprises were lost, but Mayor Leon Rockingham, Jr., North Chicago Tilton has continued to thrive. Today the village has almost 3,000 Village President Jack Reidner, Ogden residents and assesses no property taxes. Mayor Jim Ardis, Peoria Initially settled in 1834 by pioneer New England farmers, the Mayor Scott J. Harl, Peru Village President Rick Reinbold, Richton Park Village of Elk Grove Village in Cook County was named for the Village President Catherine Adduci, River Forest native elk that roamed the northern Illinois forests and grasslands. Mayor Chet Olson, Rochelle In addition to Elk Grove’s residential community, it possesses a Mayor Dennis E. Pauley, Rock Island booming business community. Beginning from only 90 companies Mayor Lawrence J. Morrissey, Rockford that were opened for business in 1962, there are now over 3,600 Village President Dale B. Adams, Rockton firms and service organizations within the Village. The five square Mayor Richard H. Hill, Round Lake Beach mile Elk Grove Village Business Park contains the second largest Village President David L. Owen, South Chicago Heights concentration of employment in the state of Illinois and contains a Mayor Jim Langfelder, Springfield diverse mix of local, national and international companies. Mayor Greg Brotherton, Taylorville Mayor Laurel Lunt Prussing, Urbana Mayor Ricky J. Gottman, Vandalia IN MEMORIAM… Mayor Gary W. Manier, Washington Mayor Tom Jordan, West Frankfort Kenneth A. Williams, 60, the former Mayor of Carbon Cliff, passed away on Monday, March 28, 2016. He served 30 years as PAST PRESIDENTS mayor of the Village of Carbon Cliff and had spent 30 years with Mayor Roger C. Claar, Bolingbrook the U.S. Postal Service. Ken served on the Bi-State Commission, Mayor Darryl F. Lindberg, Loves Park the Carbon Cliff / Barstow School Board, was President of the Mayor Gerald E. Daugherty, Mascoutah Mayor Gary L. Graham, O’Fallon Illinois Tax Increment Association and was an Illinois Association Mayor Gerald R. Bennett, Palos Hills of School Boards Master Board Member. Village President B.J. Hackler, Saint Joseph Mayor Al Larson, Schaumburg

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 3 REVIEW THE SUNSHINE LAWS OPEN MEETINGS ACT FREEDOM OF INFORMATION ACT 2016 Edition Now Available Download an order form at www.iml.org. Or call (217) 525-1220 to place your order.

$12 – IML Members $17 – Non-Member

4 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 Advocate. ADVOCACY UPDATE The Legislative Process Doesn’t End When the General Assembly Adjourns

BY JOE MCCOY, LEGISLATIVE DIRECTOR, IML

It was presumed at the time of this writing that the General was approved by the Senate on May 31, 2015, and held until Assembly would conclude its business by the scheduled May March 31 of this year before the parliamentary hold was lifted 31 adjournment date. A budget deal still appeared elusive, and to allow the bill to be considered by the Governor. Most bills, like last year, the General Assembly may elect to remain in however, are transmitted to the Governor within 30 days of “continuous session” to convene for work on legislative issues having passed both chambers. during the summer months. The Governor has 60 days to evaluate the legislation and Even so, most legislation with enough support to pass both decide upon a course of action after receiving the bill from the chambers during 2016 will have been approved before June General Assembly. This period of time is used to collect input 1. These bills will be evaluated by the Governor during the from relevant state agencies, key staff members and affected summer months. This article intends to explain that process. constituencies. While the Governor can act on a bill at any time during the 60-day period, most bill signings or vetoes Thousands of bills are introduced each year in the General occur in August. Assembly. A small percentage of these bills actually clear enough hurdles to become law. With exceptions, the typical life The Governor has four options with a bill. Legislation can be cycle of an enacted law includes the initial bill introductions, signed into law, receive a total veto, receive an amendatory committee hearings, amendments to address concerns of any veto or receive no action whatsoever. If the Governor takes opposition, more committee hearings, floor debates in both no action on a bill, the bill becomes law. This is an extremely chambers and eventual approval by the Governor. In the case of infrequent occurrence. It should be noted that appropriation a veto, the General Assembly is provided with an opportunity bills are handled differently. to accept any changes recommended by the Governor or override the veto and enact the bill into law despite the The General Assembly is permitted an opportunity to have the Governor’s objections. final word on legislation that receives a veto or amendatory veto. This opportunity presents itself during the fall Veto Session. There are plenty of opportunities for a bill to fall by the If the Governor vetoes a bill outright, legislators can attempt wayside, and most do. In Springfield, it’s commonly to override the veto with a three-fifths vote of both chambers. understood that it is much easier to defeat a bill than pass If successful, the bill is enacted into law. An amendatory veto legislation into law. occurs when the Governor makes changes to the bill. Legislators can either accept the changes with a majority vote or attempt to Legislative activity does not end, however, when the override the changes with a three-fifths vote. If such an override General Assembly adjourns on the traditional date of May is successful, the bill reverts back to the form it had when sent to 31. The lifecycle of approved legislation continues on in a the Governor and becomes law. different venue. Joe McCoy is IML’s Legislative Director. Contact Joe Once a bill is approved by both chambers, the General at [email protected]. Assembly has 30 calendar days to officially transmit the bill to the Governor. This 30-day period can be rendered moot Like us on Facebook: facebook.com/ if a legislator places a parliamentary hold on a bill. This is IllinoisMunicipalLeague an infrequent occurrence, but actually occurred with a bill concerning Chicago pension funding in 2015. The bill, SB 777, Follow us on Twitter: @IMLLeague

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 5 Advocate. LOBBY DAY WRAP-UP

BY JOE MCCOY, LEGISLATIVE DIRECTOR, IML

The Illinois Municipal League (IML) was pleased to host another vibrant and engaging Lobby Day on May 4, 2016. Connecting municipal officials with the legislative process during Lobby Day is another service provided by IML to deliver value and opportunity to our members.

The more than 200 local officials registered for the Wednesday morning legislative briefing were treated to informative presentations by several guest speakers, along with informational materials about the IML’s legislative agenda and key issues.

Executive Director Brad Cole welcomed attendees to the event and introduced the guest speakers. Congressman Darin LaHood, Lieutenant Governor Evelyn Sanguinetti, Comptroller Leslie Munger and Department of Commerce and Economic Opportunity (DCEO) Director Sean McCarthy discussed issues including the state and federal budgets, economic development, local government issues and the problems confronting local governments as a result of state mandates.

Legislative Director Joe McCoy presented an overview of the IML’s aggressive legislative agenda and the process by which it was formulated and adopted. He then discussed several critical issues that included the prospects for a state budget agreement, IML’s support for the appropriation of local government pass- through funds (MFT, video/casino gaming, 9-1-1 and Use Tax revenues) and reinstatement of the public duty rule. The IML’s opposition to legislation proposing a permanent property tax freeze on non-home rule units of government was also discussed. Attendees were also informed about some new and exciting legislative outreach efforts being pursued by IML.

6 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 Executive Director Cole discussed the political impediments to passing IML’s initiative to expand home rule eligibility by allowing voters to consider making all communities with more than 5,000 in population home rule (HJRCA 38). While the proposed constitutional amendment will not be on the November ballot, Executive Director Cole indicated that IML would remain aggressive in pursuit of passing this important constitutional amendment until that goal is achieved.

Following the legislative briefing, attendees headed to the Statehouse to discuss critical municipal needs with their legislators. Several IML committees met during the afternoon to resolve pending IML business.

That evening, Lobby Day attendees and legislators enjoyed the IML’s legislative reception at the Abraham Lincoln Presidential Museum. The IML extends sincere appreciation to the legislators and state officials who participated in our Lobby Day events, and would particularly like to thank all of the elected and appointed local officials who attended.

Public Duty Rule Press Conference

Illinois Municipal League Executive Director Brad Cole (left above) and Associated Fire Fighters of Illinois President Pat Devaney conducted a joint press conference on April 26, 2016, in support of the Public Duty Rule. The organizations came together to ask the General Assembly to adopt SB 3070, which would restore the broad protections previously provided by the common law Public Duty Rule, which was recently overturned by the Illinois Supreme Court.

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 7 Transportation in Illinois This month we take a look at transportation issues in Illinois – from airplanes to bicycles and everything in between – and how they affect your municipality, whether it be economic development, tourism or budgetary.

8 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 Vehicles and Illinois Roadways Illinois Department BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION – ROADS of Transportation

Illinois is home to the nation’s third largest TRUCKS interstate system with motorists traveling more than 105 billion vehicle miles annually on the state’s 146,000 roadway miles.

Transportation is about people and its impact on day-to-day lives. It is about how we get to work, business meetings and even vacation destinations with friends and families. It is about how we run errands and visit friends and family.

Transportation in Illinois The Illinois Department of Transportation Safe Motorists Always Respect Trucks (IDOT) actively provides information on travel (SMART) is an effort to reduce fatal crashes conditions, road closures, rest areas, scenic between trucks and other vehicles. A study byways and work zone safety. was conducted by IDOT’s Division of Traffic Safety, now the Division of Transportation REST AREAS & WELCOME CENTERS Safety, to identify when most of these fatalities occur and under what circumstances. Below are In order to enhance traveler the results of that study. safety and comfort, IDOT maintains a system of 30 In Illinois, fatal crashes between trucks and rest areas and 11 welcome other vehicles most often occur: centers on highways  On Tuesday through Friday, between 11:00 throughout the state, which a.m. and 5:00 p.m., when the weather is serve more than 36 million clear and the road is dry. visitors annually. Illinois’ rest areas and welcome centers are open 24  Due to speed or improper lane use. hours a day and feature restroom facilities,  When the truck driver is between 28- picnic areas, lighted walkways, maps, security 43 years old and the driver of the other cameras, parking for recreational vehicles and vehicle is between 20-30 years old. commercial trucks, among other services.  When the driver (of the truck OR the other SHARE THE ROAD vehicle) has fallen asleep or has been drinking. One of IDOT’s top priorities is Driving Zero MOTORCYCLES Fatalities to a Reality in Illinois. Through safety education and outreach programs, IDOT provides the motoring public with the Motorcycle classes for riders of all skill and information necessary to make life-saving experience levels are offered free of charge to decisions when traveling on Illinois roadways. Illinois residents 16 years of age or older who Illinois’ immense roadway system welcomes hold a valid automobile or motorcycle driver’s a variety of travelers. Our roadways feel the license or permit. Persons under 18 years of impact of motorcycles, bicycles, pedestrians, age must have written consent of parent or roadway workers, cars, trucks, semi-trucks, legal guardian. farm equipment, heavy equipment and more. VEHICLES AND ILLINOIS ROADWAYS CONTINUES ON PAGE 10

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 9 VEHICLES AND ILLINOIS ROADWAYS CONTINUES

This program is administered through the Illinois Department of Transportation in Springfield and is supported by Public Act 82-649, the Cycle Rider Safety Training Act.

The majority of car-motorcycle crashes happen at intersections. Typically, a car turns left in front of a moving motorcycle, violating its right of way and cutting off its path of travel. The motorcycle then either crashes into the car or crashes trying to avoid the car.

In many car-motorcycle crashes, drivers claimed they “did not see” the motorcycle or did not see it until it was too late. Riders must never assume that they have been seen and should approach each intersection with great care.

BICYCLISTS

Bicyclists have all the rights and responsibilities of other road users. Although bicyclists’ traffic violations disturb and even anger some motorists, they are usually not the major cause of crashes with motor vehicles. Nonetheless, motorists have no right to intimidate bicyclists for riding in the road, where they have a legal right to be. See http://www.isp.state.il.us/docs/5- 035.pdf for the complete Bicycle Safety Brochure.

WORK ZONES

Changing conditions related to work zones can challenge even the safest drivers. Driving too quickly or recklessly through a highway work zone is dangerous to your life and passengers, and it is dangerous to highway workers laboring to improve roadways to further ensure your safety while driving.

Use caution and obey speed limits when driving through work zones. And, remember, using handheld phones is illegal when driving anywhere in Illinois.

Excerpted with permission from the Illinois Department of Transportation: http://www.idot.illinois.gov/home/car

10 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 Illinois’ Aviation System

BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION – AERONAUTICS DIVISION

OVERVIEW OF AVIATION’S IMPACT IN ILLINOIS Examples of qualitative benefits at Illinois’ airports include:  Facilitating emergency medical transport In today’s global economy, air transportation provides vital  links that enable businesses to function efficiently and improve Providing support to law enforcement the quality of life for residents of Illinois. From the commercial  Supporting aerial surveying, photography and airlines that serve 11 Illinois airports to the variety of general inspection operations aviation services found throughout the state, the aviation  Conducting search-and-rescue operations industry provides thousands of jobs and creates more than $40 billion in economic activity. Commercial airlines in Illinois  Supporting the U.S. military and other served 84 million passengers in 2010 while general aviation government organizations aircraft conducted an estimated 2.4 million operations. Those  Providing youth outreach activities airlines also moved approximately 2 million tons of air cargo through Illinois airports, delivering valued goods and products IMPACTS OF CHICAGO O’HARE to and from the marketplace. INTERNATIONAL AIRPORT

When all of the impacts of Illinois’ 116 public-use airports Chicago O’Hare International Airport, one of the busiest are added together, 337,419 jobs can be traced to the aviation airports in the world, is a huge contributor to the economy industry. These employees receive $12.8 billion in payroll and of Illinois. With more than 800,000 landings and take-offs generate $40.9 billion in economic activity. in 2010, O’Hare is the world’s second busiest airport. Its 67 million annual total passengers put it above all but two other airports in the world.1 The extensive amount of cargo shipped through O’Hare ranks the airport among the world’s top 20 cargo airports. Airport-related qualitative O’Hare is the only U.S. airport that serves as a hub for benefits help to improve the overall two major airlines – American and United. It serves the quality of life in Illinois. City of Chicago as a true intermodal hub, with access via the Chicago subway system, regional commuter trains and regional bus service.

In short, the airport is a vital component of the local, regional, QUALITATIVE BENEFITS national and global economy.

In addition to substantial annual economic benefits, Illinois’ OTHER COMMERCIAL SERVICE AIRPORTS airports support numerous qualitative benefits. Qualitative benefits are related to health, welfare and safety and cannot The state of Illinois has an extensive network of commercial be easily assigned dollar values. Airport-related qualitative service airports, ranging from Quincy Regional Airport in the benefits help to improve the overall quality of life in Illinois. ILLINOIS’ AVIATION SYSTEM CONTINUES ON PAGE 12

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 11 ILLINOIS’ AVIATION SYSTEM CONTINUES west, to Williamson County Regional Airport in Marion in the south. Every year, millions of passengers travel through these airports on regional and long-haul airliners. Airlines bring tourists to the state, make business travel possible for companies throughout the world and bring families and friends closer together. These commercial service airports provide affordable access to the national air transportation system for the businesses and residents of Illinois.

Additionally, these airports are economic engines for their local communities. They provide employment, income and a source of business activity that stimulates and helps the economy grow.

As the chart below shows, airlines are the largest employer at these other commercial service airports (O’Hare employment is not included). The remainder of the jobs found at these airports is spread among a variety of aviation-related sectors, illustrating the diversity of the airport economy.

CORPORATE FLIGHT DEPARTMENTS

Corporate aviation plays a vital role in supporting the business economy of Illinois. With 31 Fortune 500 companies headquartered in various cities across Illinois, not only does business aviation operate at many airports throughout the state, the flight departments of large companies are found at a number of airports around the state.

12 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 Naturally, a good number are found in the airports around jet into DuPage Airport to pick up employees and fly them Chicago, such as Baxter International at Waukegan Regional to Menards’ headquarters for a day of training. Employees and Motorola Solutions at Chicago Executive. However, of ConAgra and Meijer rely on business aviation to fly in to major flight departments are also based in Decatur Airport Aurora Municipal Airport so they can go to work at their offices (Archer Daniels Midland), Quad City International (John in the Chicago area. Deere), Abraham Lincoln Capital Airport (Bunn-O-Matic) and Central Illinois Regional Airport (State Farm and Growmark/ On top of the transportation advantages that corporate Country Financial). In addition to these large corporations, aviation provides, it supports nearly 1,400 jobs with a many smaller firms operate corporate flight departments, payroll of $95.9 million and contributes $419.2 million to the enabling them to operate more efficiently than they could with economy of Illinois. the fixed schedules and limited destinations that commercial airlines provide. 1 Airports Council International 2010 data, updated August 1, 2011

Excerpted with permission from Illinois Statewide Aviation And it isn’t just top executives who make use of corporate Economic Impact Study Executive Summary 2012. (www. aircraft. For example, Menards regularly charters a regional illinoisairportsmeanbusiness.com/reports.html)

General Aviation Supports Local Communities

BY SELENA SHILAD, EXECUTIVE DIRECTOR OF THE ALLIANCE FOR AVIATION ACROSS AMERICA

General aviation and local airports are a vital resource to many rural communities. We work to educate the public about the towns and communities across the United States. In Illinois, impact of general aviation to ensure the continued vitality of general aviation contributes over $9 billion annually to the this important strategic resource. state’s economic output and supports 42,400 jobs in the state. There are over 5,000 airports across the United States, and the ECONOMIC IMPACT SURVEY SUMMARY vast majority of these airports do not have commercial airline service. As a result, for thousands of communities across our A TRULY NATIONAL TRANSPORTATION ASSET nation, local airports and general aviation help support local There are 5,261 public-use airports that can be directly economy, drive business growth and commerce, and facilitate accessed by general aviation. That is more than 10 times access to emergency services, medical care, disaster relief, fire- the number of airports served by scheduled airlines. This fighting and many other critical services. makes general aviation uniquely situated to serve the public’s transportation needs. Formed in 2007, the Alliance for Aviation Across America is a non-profit, non-partisan coalition of over 6,300 individuals, These airports and general aviation are often the only option businesses, agricultural groups, FBO’s, small airports, elected for fast, reliable, flexible air transportation to small and rural officials, charitable organizations, and leading business and communities in every corner of the country, providing jobs, aviation groups that are helping to raise awareness about the serving as a lifeline for small to mid-sized businesses, and value of general aviation and local airports, particularly for GENERAL AVIATION CONTINUES ON PAGE 14

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 13 GENERAL AVIATION CONTINUES MEDICAL, LAW ENFORCEMENT AND AGRICULTURAL USE According to the U.S. Department of Justice, in 2007 roughly providing critical services to remote cities and towns in time of 1 in every 5 large law enforcement agencies had a specialized natural disaster or crisis. aviation unit operating at least one fixed-wing plane or helicopter. Aerial law enforcement is used in 46 states. MILLIONS OF JOBS According to the National Agricultural Aviation Association, In 2013, a comprehensive study by PricewaterhouseCoopers there are approximately 1,600 aerial application businesses concluded that employment from general aviation totaled 1.1 that use general aviation to support their farms and million jobs in that year. local communities. AN ECONOMIC POWERHOUSE In addition, with 46.7 million Americans living more than an That same study pegged the national total economic hour away from a Level 1 or 2 trauma center, MedEvac fixed- contribution of general aviation at $219 billion annually. wing aircraft transport 100,000+ patients over long distances Additional economic impact can be inferred from the 2,200 annually which are not accessible by the range of helicopters. charter flight companies, 4,144 repair stations and 569 flight MedEvac helicopters transport approximately 400,000 schools operating 4,653 aircraft. There are 3,330 fixed base patients annually. operators, 18 “fractional” ownership providers and 261,806 The MedEvac industry employs 4,400 pilots, 600 physicians, airframe and power plant specialists. 5,500 nurses and 5,300 paramedics/EMTs staffing MedEvac A LARGE PILOT COMMUNITY vehicles, both fixed-wing and helicopter. According to the Federal Aviation Administration, the United See more at: http://www.aviationacrossamerica.com/economic- States has nearly 600,000 pilots, the vast majority of whom fly impact-survey-executive-summary/#sthash.K6jVJpnE.dpuf. general aviation aircraft. BUSINESS USE See http://www.aviationacrossamerica.com for more According to a 2015 study by Harris Poll, about 4 out of 5 information about general aviation airports and how they help business aviation flights are into an airport with infrequent small businesses and communities. or no scheduled airline service or into a secondary airport. To sign up as a free member and to learn more in once-a- About 2 in 5 flights involve multi-leg trips to more than month newsletters, see http://www.aviationacrossamerica.com/ one destination. become-a-member. According to the same study, passengers of these flights spend nearly two-thirds of their time on the aircraft on Selena Shilad is the Executive Director of work-related tasks. the Alliance for Aviation Across America. HUMANITARIAN MISSIONS She can be contacted through the Alliance According to a 2015 study by Harris Poll, about a quarter website: www.aviationacrossamerica.com. of business aircraft pilots responded that they flew on humanitarian missions in the past year.

MUNICIPAL CALENDAR - JUNE During the month of June of each calendar year, municipalities must investigate and ascertain the prevailing rate of wages to be paid for work on public works and The annual appropriation ordinance must be passed by municipalities with a post or keep available its determination of such prevailing wages as well as file a population under 500,000 during the first quarter of the fiscal year. (65 ILCS certified copy thereof in the office of the Illinois Department of Labor no later than 5/8-2-9.) July 15. (820 ILCS 130/9.) A municipality may request the Department of Labor to On or before the second Monday in June of each year, the report of the board of ascertain the prevailing rate of wages. (820 ILCS 130/4, and 820 ILCS 130/9.) directors of municipal tuberculosis sanatoriums must be filed with the corporate Those persons or entities required to file a report under the Lobbyist Registration authorities. (65 ILCS 5/11-29-11.) Act must do so by July 31. Thirty days after filing in accordance with the Lobbyist Before July 1 of each year, the directors of the municipal tuberculosis sanatorium Registration Act, the lobbyist shall notify each official on whose behalf an are to be appointed by the mayor or the president. (65 ILCS 5/11-29-4.) expenditure has been made. Notification shall include the name of the registrant, the total amount of the expenditure, the date on which expenditure occurred, and Before July 1 of each year, the directors of municipal coliseums are to be appointed the subject matter of the lobbying activity. (25 ILCS 170/6.) Individuals required by the mayor or president. (65 ILCS 5/11-66-5.) to register must provide a copy of the report to each official listed in the report at Library trustees in cities are to be appointed by the mayor before July 1. (75 ILCS least 25 days before the deadline for filing (July 31). (25 ILCS 170/6.5.) 5/4-1.1.) On or before August 1 of each calendar year, every law enforcement agency is On or before the second Monday in June, the board of directors of hospitals in required to submit racial profiling information and other data required to be cities of less than 100,000 in population shall make an annual report to the city collected from traffic stops during January through June of the previous calendar council. (65 ILCS 5/11-23-8.) year to the Illinois Department of Transportation. (625 ILCS 5/11-212. )

14 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 Illinois Rail

BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION – RAIL

Illinois Rail Plan (http://www.idot.illinois. one-mile interstate carrier to larger railroads gov/Assets/uploads/files/Transportation- extending from Illinois to the West and East System/Reports/OP&P/Plans/Illinois%20 Coasts, Gulf of Mexico, Canada and Mexico. State%20Rail%20Plan%202012.pdf) describes Illinois’ rail system and expands on THE RAIL SYSTEM’S ROLE IN THE the benefits of moving goods and passengers ILLINOIS TRANSPORTATION SYSTEM by rail, describes the various rail safety and security activities undertaken within the state, The rail industry in Illinois has grown from and provides a blueprint of proposed rail a 59-mile route connecting Meredosia and improvements and how these improvements Springfield in 1842 to what is unquestionably will benefit transportation, economic today the center of the nation’s rail network. development and the quality of life in Illinois. Illinois has the second largest rail system in the United States, second only to Texas, and The current plan, published in 2012, is in the is the only state in which all seven Class I process of being revised. A look at some of railroads operate. Chicago, the largest rail hub the statistics from the 2012 study shows us in North America, serves 500 rail freight trains what an undertaking this is. and 700 rail intercity and commuter trains on a daily basis. The rail industry in Illinois ILLINOIS’ RAIL SYSTEM grew from Chicago’s strength in the 1840s and 1850s as a Great Lakes shipping center. In 2012, a total of 45 freight railroads Eastern and western railroads connected in operated in Illinois. The system is comprised Chicago to interchange freight traffic and of 7 Class I railroads; 3 regional railroads; people to create a rail gateway that continues 26 short-line or local railroads; and 9 stronger than ever today. Within 40 years of terminal carriers. According to the ICC, its inception, Illinois’ rail system had grown to Illinois’ comprehensive rail network consists 8,000 miles and ultimately reached a peak of of approximately 7,400 miles of railroad approximately 12,000 miles circa 1920. tracks – 5,839 of which are owned by Class I railroads, primarily the Burlington Northern Today, even though the state’s total rail Santa Fe (BNSF) Railway and the Union system has decreased in size to approximately Pacific (UP) Railroad. The remaining miles 7,400 route miles, it continues to not only of track are operated by Class II or regional provide two of the nation’s major east-west railroads, Class III or short line railroads, gateways at Chicago and East St. Louis, but terminal or switching railroads, and selected to also serve the manufacturing, warehouse/ passenger or privately-owned freight rail distribution, agricultural and energy operations. They range in size from a short ILLINOIS RAIL CONTINUES ON PAGE 16

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 15 ILLINOIS RAIL CONTINUES  Illinois ranked first in carloads terminated with 3.7 million, and second in carloads originated with 3.4 million industries in the state. Illinois also serves as the focal point for the expansion of intercity rail passenger service in the Midwest  Illinois ranked second in tons originated with 109.5 and increased rail commuter service between its cities. Illinois’ million and second in tons terminated with 157.8 million expansive rail freight network, its 16,500 mile highway system  Illinois ranked second in miles of railroad track with 7,044 and 300 port terminals, together with over 200 intermodal miles (not including trackage rights) freight transfer facilities between these modes, provide the  Illinois ranked third in tons carried with 481.6 million tons state’s businesses and industries with cost and transportation- efficient means to utilize the most effective and competitive MANDATE FOR STATE RAIL PLANS combination of modes to meet their needs. Likewise, the state’s rail passenger network serves over 2 million annual Amtrak In 2008, the U.S. Congress passed the Passenger Rail riders and its 35 passenger station facilities provide for efficient Investment and Improvement Act (PRIIA) with the expressed transfer between intercity rail, bus and airport facilities. intent of improving passenger rail service in the United States. PRIIA authorized continued federal funding for Amtrak and new funding programs for states to improve rail passenger service, operations and facilities. Funding for these programs Illinois has one of the most must be appropriated annually.

extensive and heavily used rail One of the features of the legislation is the requirement that systems in the nation. any state seeking federal assistance for rail improvements have an approved state rail plan. PRIIA also contained new rail plan requirements, as past federal guidance for state rail plans was established in the 1970s, primarily for the purpose of ILLINOIS RAIL FREIGHT TRAFFIC PROFILE preserving light density freight rail branch lines.

1 Ranking data taken from the American Association of Railroads, Illinois has one of the most extensive and heavily used rail State by State Rankings: http://www.aar.org/Railroads-States/State- systems in the nation. Illinois ranks second among all states Rankings-2010.pdf. 2 Donald L. Miller, City of Century: The Epic of Chicago and the Making in total railroad mileage, and the state ranks fourth in the of America, 1996. number of operating railroads. In 2010, Illinois ranked first in rail carloads carried, and third in total rail tons carried. Illinois Excerpted with permission from Illinois State Rail Plan (2012). To see ranks second in rail tons originating in the state (behind only the complete plan: http://www.idot.illinois.gov/Assets/uploads/files/ Transportation-System/Reports/OP&P/Plans/Illinois%20State%20Rail%20 Wyoming) and second in rail tons terminated in the state Plan%202012.pdf (behind only Texas).1 Since the mid-19th Century, railways have been instrumental in the development of the Illinois economy, allowing farm produce, mineral ore and coal to be transported with ease. A number of the larger urban centers within Illinois owe their growth and development to their status as logistics hubs. As an example, the birth of modern Chicago can arguably be dated to 1848.2 This was the year that the Illinois and Michigan Canal was completed, and perhaps more importantly, construction began on the city’s first railroad. From that point, the city became a natural rail and water hub with annual population growth over 7 percent through the next 50 years.

RAIL’S IMPORTANCE TO ILLINOIS AND THE NATION

According to data by the Association of American Railroads (AAR), Illinois ranks first, second or third in the nation by most metrics used to describe the size and extent of the rail industry. In 2010, the Illinois rail system was ranked as follows:

 Illinois ranked first in carloads carried with nearly 11 million

16 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 Making the Connection: Biking and Economic Development

BY NICHOLAS GREIFER, VILLAGE OF BROOKFIELD

One of the biggest local government trends in the past 10 actions, the municipalities seek to make their communities years has been the efforts of Illinois local governments to a more competitive and desirable place to live. In particular, literally lay the groundwork for a bike renaissance in the local leaders view this type of development tool as a means to state. This article assesses the municipal role in biking as maintain competitiveness and draw new visitors, tourists and a development tool to spur economic activity in individual residents of neighboring communities to their own community. towns. The article also examines evidence showing the connection between biking and economic outcomes, including TRENDS IN BIKE-CONNECTED DEVELOPMENT strengthened real estate valuations. Development of bike infrastructure is an unmistakable trend BUILDING A BETTER ENVIRONMENT FOR BIKING in the Chicago area and in certain downstate communities. According to the Active Transportation Alliance, one indicator Across the board, there is evidence of increased utilization – protected bike lanes – is on a growth trajectory both in the and expanded efforts to make biking an everyday activity for City of Chicago and outside of Chicago. As a national leader, commuting, errands and recreation. Indicators include the the City of Chicago set and recently met a goal of building following: 100+ miles of bike lanes in four years (2011-15). This includes  Local municipal investments in on-road bike lanes and high-profile projects such as the 606 Bike Trail, which connects off-road bike paths the western portions of Chicago to the east side of Chicago.  Municipalities adding bike assets such as bike racks and way finding signs for bicyclists Other indicators of bike-related development include the  Increases in certain types of bike activity development of bike plans by multiple cities and villages,  Employer incentives for biking bike/pedestrian plans, and funding of plans that integrate bike projects with municipal capital improvement programs Although the federal government has had a role in funding (via “Complete Streets” guidelines as discussed below). many of the investments, municipalities are taking the For example, communities in the northern suburbs (Niles, lead in developing bike policies, implementing policy Evanston, Wheeling), southern suburbs (Chicago Heights, Blue recommendations and making biking a viable option in greater Island, Midlothian, Tinley Park), and western suburbs (Berwyn, Chicago and downstate Illinois. Forest Park, Glen Ellyn, Lemont) have all adopted bike plans in the past several years that establish goals, objectives and THE CASE FOR BIKE-CONNECTED DEVELOPMENT specific implementation strategies to complete or enhance their biking infrastructure. Downstate Illinois communities such For this article, bike-connected development is defined as as DeKalb, Bloomington and Normal have also adopted bike, a portfolio of tools designed to increase interest in/demand bike/pedestrian or “active transportation” plans in recent years. for biking and lowering supply-side costs for undertaking biking as a recreational or practical activity. By pursuing these MAKING THE CONNECTION CONTINUES ON PAGE 18

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 17 MAKING THE CONNECTION CONTINUES  Dayton Area (Little Miami Trail), Ohio – For every foot closer to the trail, prices rise by $7 on average; a separate EVIDENCE AS AN ECONOMIC DEVELOPMENT STRATEGY study indicated homeowners are willing to pay a $9,000 premium to be within 1,000 feet of the trail system. Is bike-connected development working? In some respects the jury is still out, since many of the initiatives have just begun In the Chicago area, economic impact data is scarce. However, or remain in the planning stage, with relatively few projects one major bike asset – the newly opened 606 Bike Trail – is completed and in effect. Even so, there are certain studies showing a positive impact on a preliminary basis. Chicago showing some successes as an economic development strategy. magazine2 reports significant increases in property valuations, First, there is certain statistical evidence that bike assets (e.g., with some of the pricing capturing the value-added of the 606 bike paths and bike lanes with physical buffers) increase the Bike Trail before its completion in 2015. According to the value of residential properties. Secondly, bike assets and Chicago Tribune, certain homes immediately adjacent to the amenities may spur retail activity. Thirdly, cities and villages trail have not benefited but homes near (but not adjacent to) the such as the Village of Brookfield, endowed with good trails 606 Bike Trail and homes on the more remote western portion and recreational assets, are using biking as a further draw to the of the trail have benefited. community, bringing in new shoppers and recreational bikers to the community. GIVEN PRELIMINARY EVIDENCE, WHAT STRATEGY MAKES SENSE? IMPACT ON PROPERTY VALUES Regarding property valuations, the following data show Although the currently available data is promising, the initial a correlation or connection between biking and property data are still limited and subject to change. As a result, it may valuations: make sense for municipalities to pursue modest strategies that  Indianapolis, Indiana – A statistical analysis1 of home are lower in cost or are shown to be relatively cost-effective valuations in greater Indianapolis concluded that (while deferring costly strategies such as the 606 Bike Trail). In certain trails including the flagship Monon Trail had a this regard, the Federal Highway Administration has identified statistically significant correlation with home prices. a hierarchy of bike lanes, based upon spatial separation from Specifically, the nearly 9,000 homes within a half-mile cars, that tend to correlate with cost. From least to most of the Monon Trail had a boost in value of $13,000 on separation these would be: average (a price premium over the $112,000 average  No separation – only routes with bike signage home in Marion County).  Shared roadways with pavement marking (plus signage)  Portland, Oregon – Perceived bike “friendliness” is – these roads would have lane markings but no striped a factor in housing location, based upon a City of boundaries Portland survey of recently arrived residents. In the  On-street bike lanes – This would combine signage, survey, 62% stated that it was a factor in housing pavement markings AND striping to create a visual location. A separate study indicates that homes adjacent boundary to a bike boulevard are valued at $5,800 more than homes not adjacent to the boulevard.  On-street bike lanes with buffers –This would include the above items AND striped buffers (creating a wider lane)  Minneapolis, Minnesota – A Journal of the American Planning Association paper reports that proximity of homes to off- street bicycle facilities correlates with home values (for every 400 feet closer to such facilities, property values rise by $510).

Least Separation / Lowest Cost

18 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016  On-street bike lanes with buffers –This would utilize future roadway projects and stretch roadway dollars by taking physical buffers to create a barrier between bikes and into account bike and pedestrian as well as motorist needs – at automobiles the planning stage.  Soft buffers –This would utilize bollards (flexible The Village of Brookfield is evaluating a Complete Streets posts or pylons) Policy. As a guide for village staff, a Complete Streets Policy  Hard buffers –This would employ hard vertical lays out a clear decision-making process for funding and buffers such as raised curbs or a series of planters; programming roadway improvements. Key elements of the and policy include (a) establishment of a staff working group to  Off-street bike lanes dedicated for bicycle (and consider multi-modal transportation needs in capital budgeting pedestrian) use. and (b) performance measures to track progress, including qualitative and quantitative measures (e.g., linear feet of bike Cost per lane-mile would increase in line with the degree of routes, linear feet of sidewalks, gaps in sidewalks, etc.). buffering or separation. However, with the exception of off- street bike lanes, the improvements would essentially leverage CONCLUSION the existing street grid system resulting in a cost-effective dual use for both cars and bikes. Off-street bike lanes, of course, In Illinois, bicycling is experiencing a renaissance, as residents would not leverage an existing asset and would require land demand – and local governments deliver – the assets for better assembly and pavement construction costs. and safer biking in the state. Municipalities are pursuing strategies that would only strengthen these trends, with bike IMPLEMENTING A STRATEGY WITH A COMPLETE lanes being added, bike paths being extended, bike lane “gaps” STREETS POLICY being closed, and others assets (such as conveniently located bike racks) being installed. Finally, municipalities are adopting An effective way to implement a bike strategy is to establish a Complete Streets policies that enable municipal leaders to Complete Streets Policy, as it bridges the gap between general comprehensively assess the need for and funding of bike land use plans and the detailed budgetary decisions needed facilities and improvements while integrating the investment to fulfill a specific strategy, and at the same time coordinates decisions into the annual budget process. automobile uses. The National Complete Streets Coalition The author wishes to thank Emily Egan and Scott Bernacki of the Village defines “complete streets as a roadway network designed of Brookfield and Hanna Kite of the Active Transportation Alliance for and operated to enable safe access for all users, including assisting on this article. pedestrians, bicyclists, motorists and transit riders of all ages and abilities ...” 1 “Public Choices and Property Values,” Indiana University/Purdue University – Indianapolis, December 2003. 2 Chicago magazine, April 2015. A Complete Streets Policy is an important enhancement to the Capital Improvement Planning (CIP) process most Nicholas Greifer is the Director of Community municipalities use, and integrating bike and pedestrian and Economic Development for the Village of objectives into the CIP process enables biking/walking enhancements to get due consideration within the annual Brookfield. He can be reached at ngreifer@ municipal budget process. Apart from equity considerations brookfieldil.gov or (708) 485-7344. for bikers and pedestrians, the policies maximize the impact of

Most Separation / Highest Cost

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 19 Educate. LEGAL BRIEF Regulation of Golf Carts and Low-Speed Vehicles

BY JENIFER L. JOHNSON, GENERAL COUNSEL, AND JERRY ZARLEY, LEGAL ANALYST, IML

The combination of an aging population, the price of new cars Any 4-wheeled vehicle with a maximum speed and the desire for environmentally-friendly transportation greater than 20 miles per hour but not greater than 25 alternatives has led to a steady demand for golf carts and low- miles per hour that conforms with the federal motor speed vehicles in recent years. The reliance on these alternative vehicle safety standards set forth in 49 C.F.R. Part modes of transportation has precipitated necessary changes 571.500.5 in Illinois law. This article is an update to the Legal Q & A published in the September 2008 Illinois Municipal Review There are some differences between the two types of vehicles. entitled “Golf Carts & Neighborhood Vehicles on Public Low-speed vehicles are manufactured with the proper Streets” to reflect the statutory changes since then. equipment to be street legal, while golf carts may or may not be. Some low-speed vehicles already have doors and windows, DEFINITIONS OF VEHICLES while golf carts usually do not. Golf carts are typically designed to carry two people, while low-speed vehicles may The definition of “golf cart” was moved to the definitions be designed to carry four or more. Low-speed vehicles are also section of the Illinois Vehicle Code by Public Act 96-0279. As slightly bigger and move slightly faster than typical golf carts. before, “golf cart” is defined as: While golf carts are specifically designed for use on a golf course but can also be used on streets with specific limitations, A vehicle specifically designed and intended for the low-speed vehicles are designed for use on the streets but not a purposes of transporting one or more persons and golf course. their golf clubs or maintenance equipment while engaged in the playing of golf, supervising the play of OPERATION OF GOLF CARTS golf or maintaining the condition of the grounds on a public or private golf course.1 Removing the statutory ambiguity described in the previous article, the Illinois Vehicle Code now specifically authorizes A golf cart is also a “non-highway vehicle.”2 Non-highway units of local government to permit the use of golf carts on their vehicles also include all-terrain vehicles, off-highway roadways, provided that the posted speed limit on the roadway motorcycles and recreational off-highway vehicles.3 is 35 miles per hour or less.6 Section 11-1426.1(d) provides: Although off-highway motorcycles are regulated the same as golf carts, all-terrain vehicles and recreational off-highway A municipality, township, county or other unit of vehicles are regulated a bit differently. Please see subsection local government may authorize, by ordinance or (h) in section 11-1426.1 of the Code for these differences. resolution, the operation of non-highway vehicles The regulation of these other non-highway vehicles is on roadways under its jurisdiction if the unit of local beyond the scope of this article. government determines that the public safety will not be jeopardized. The Department [of Transportation] The definition of “neighborhood vehicle,” which was described may authorize the operation of non-highway in the previous article, was ultimately repealed by Public Act vehicles on the roadways under its jurisdiction if the 97-0144.4 The term “neighborhood vehicle” was replaced with Department determines that the public safety will not “low-speed vehicle,” which is defined as: be jeopardized. The unit of local government or the Department may restrict the types of non-highway vehicles that are authorized to be used on its streets.7

20 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 SIDE-BY-SIDE COMPARISON This chart delineates the different statutory treatment given to golf carts and low-speed vehicles:

REGULATION GOLF CARTS LOW-SPEED VEHICLES

(1) On roadways of 35 miles per hour or less, (1) On roadways of 30 miles per hour or less, and (2) By regulation, ordinance, or resolution, (2) By statute. Authorized on (3) Must consider the volume, speed and (3) May authorize by ordinance or resolution for roads roadways character of the traffic, and with speed limits between 30 and 35 miles per hour - (4) Must post signage. must post signage.

Road is shared by (1) All must agree to prohibit or authorize for the higher (1) All must agree to authorize, and more than one unit of speed, and (2) Take the appropriate action. government (2) Take the appropriate action.

(1) Yes, Can be restricted or (1) Yes, and (2) Must consider the volume, speed and character of the prohibited (2) Must post signage. traffic, and (3) Must post signage.

(1) Not prohibited when the speed limit of the road being crossed is 45 miles per hour or less. Crossing roads or Not prohibited when the speed limit of the road (2) May cross roads with a speed limit of more than 45 streets being crossed is 35 miles per hour or less. miles per hour provided the intersection is controlled by a traffic light or 4-way stop sign.

(1) A valid driver’s license, (1) A valid driver’s license, and (2) Insurance, Driver must have (2) Insurance (3) Certified vehicle title, and (4) Valid vehicle registration.

(1) Brakes, (2) Steering apparatus, (1) Brakes, (3) Tires, (2) Steering apparatus, (4) Two rearview mirrors, (3) Tires, (5) Red reflectors, (4) Rearview mirror, (6) Headlights, (5) Red reflectors, Vehicle equipment (7) Taillights, (6) Slow moving emblem, (8) Brake lights, (7) Headlights, (9) Turn signals, (8) Taillights, (10) Windshield, (9) Brake lights, and (11) Vehicle ID Number, (10) Turn signals. (12) Seat belts, and (13) Parking brake.

Are intended and permitted users of No No public property

Before permitting the operation of golf carts on their roadways, Except for where it is specifically authorized, “it is unlawful however, the Code requires local governments to “consider for any person to drive or operate a non-highway vehicle upon the volume, speed and character of traffic on the roadway and any street, highway or roadway in this state.”10 Golf carts are determine whether [golf carts] may safely travel on or cross the not prohibited from crossing a road or street at an intersection roadway” and to post appropriate signage after the adoption of where the road or street has a posted speed limit of more the ordinance or resolution.8 Furthermore, if a particular road than 35 miles per hour.11 Where the operation of a golf cart is is under the jurisdiction of more than one unit of government, authorized on the roadways, however, the driver must have a each unit of government must agree to the usage and take the valid driver’s license12 and insurance,13 and the golf cart must at appropriate action.9 LEGAL BRIEF CONTINUES ON PAGE 22

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 21 LEGAL BRIEF CONTINUES [their] property in a reasonably safe condition for the use” by “intended and permitted users.”27 Back then, there was nothing minimum have “brakes, a steering apparatus, tires, a rearview in the relevant statutes to relieve municipalities from that mirror, red reflectorized warning devices in the front and rear, chance of liability. Now, however, both statutes remove that a slow moving emblem . . . on the rear of the non-highway possibility with the following language: vehicle,” and headlights, taillights, brake lights and turn signals.14 No action taken by a unit of local government under this Section designates the operation of a [non- OPERATION OF LOW-SPEED VEHICLES highway vehicle/low-speed vehicle] as an intended Although there are some identical provisions, the regulations or permitted use of property with respect to Section regarding the operation of low-speed vehicles do not mirror 3-102 of the Local Governmental and Governmental the regulations regarding the operation of golf carts. For Employees Tort Immunity Act.28 example, unlike golf carts which need authorization to operate It should be noted, however, that this provision does not on the streets, low-speed vehicles can be operated on any necessarily relieve municipalities from all potential liability. street in the state where the posted speed limit is 30 miles per 15 hour or less, unless the operation of which is prohibited by CONCLUSION regulation, ordinance or resolution.16 Thus, low-speed vehicles have a statutory right of use unless determined and regulated Municipalities have options in regulating the operation of golf otherwise. In addition: carts and low-speed vehicles on their roadways. It is important to recognize the differences between these types of vehicles, Low-speed vehicles may cross a street at an to understand the statutory provisions governing each of intersection where the street being crossed has a them, and to examine the unique characteristics of community posted speed limit of not more than 45 miles per hour. roadways and travel patterns to decide whether they are a safe Low-speed vehicles may not cross a street with a form of travel within that municipality. speed limit in excess of 45 miles per hour unless the crossing is at an intersection controlled by a traffic 1 625 ILCS 5/1-123.9; P.A. 96-0279 (eff. 1/1/2010). light or 4-way stop sign.17 2 625 ILCS 5/11-1426.1(a)(2). 3 See 625 ILCS 5/11-1426.1(a)(1), (3), and (4), respectively. However, a unit of local government may authorize the use 4 P.A. 97-0144 (eff. 7/14/2011). of these vehicles on its roadways with speed limits between 5 625 ILCS 5/1-140.7. 18 6 625 ILCS 5/11-1426.1(b). 30 and 35 miles per hour by ordinance or resolution. If the 7 625 ILCS 5/11-1426.1(d). use of these vehicles is to be authorized, like golf carts, the 8 Id. municipality is required to consider the volume, speed and 9 Id. 10 625 ILCS 5/11-1426.1(b). character of the traffic on the street to determine whether low- 11 Id. speed vehicles may travel safely on that street.19 Whether the 12 625 ILCS 5/11-1426.1(b-5). operation of such vehicles is authorized under subsection (e-5) 13 625 ILCS 5/11-1426.1(g). 14 625 ILCS 5/11-1426.1(e). or prohibited under subsection (c), the unit of government is 15 625 ILCS 5/11-1426.2(a). required to post the appropriate signage.20 And, similar to golf 16 625 ILCS 5/11-1426.2(c). carts, if the roadway is under the jurisdiction of more than one 17 625 ILCS 5/11-1426.2(b). 18 625 ILCS 5/11-1426.2(e-5). unit of government, both or all units of government must agree 19 Id. to the authorization and/or prohibition of the use of low-speed 20 625 ILCS 5/11-1426.2(d), (e-5). vehicles and take the appropriate action.21 21 625 ILCS 5/11-1426.2(e), (e-5). 22 625 ILCS 5/11-1426.2(f). 23 625 ILCS 5/11-1426.2(g). Although low-speed vehicles are required to have similar 24 625 ILCS 5/11-1426.2(i). equipment (e.g., brakes, lights, etc.), they must also have a 25 625 ILCS 5/11-1426.2(l). 26 625 ILCS 5/11-1426.2(h). windshield, a vehicle identification number, seat belts and 27 745 ILCS 10/3-102(a). two rearview mirrors.22 Like golf carts, the driver is required 28 625 ILCS 5/11-1426.1(i), 1426.2(k). to have a valid driver’s license23 and insurance,24 but drivers must also have a certificate of title and a valid registration for Jenifer L. Johnson is the General the low-speed vehicle.25 Finally, the operation of low-speed Counsel for the Illinois Municipal vehicles is subject to the Rules of the Road and applicable local League. Contact Jenifer at 26 ordinances, just like all other street-legal vehicles. [email protected]. Jerry Zarley is the League’s Legal Analyst. MUNICIPAL LIABILITY Contact Jerry at [email protected]. The previous article eluded to the possibility of liability if municipalities allowed golf carts or low-speed vehicles on their Like us on Facebook: facebook.com/IllinoisMunicipalLeague roadways. Section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act imposes a duty Follow us on Twitter: @IMLLeague on all municipalities to “exercise ordinary care to maintain

22 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 RISK MANAGEMENT Driving Safely through Work Zones

BY SUSIE JAYNES, MEMBERSHIP SPECIALIST, IMLRMA

It’s inevitable – every spring as soon as the weather starts day I avoid this area as the project will not be complete until to get better in Illinois, the road work begins. We’ve said November 17, 2016. all winter, “I hope they fix these roads,” but when it comes right down to it, we hate the inconvenience of road work. Of If you do find yourself in a work zone, please be aware of course, the upside of these repairs are smooth and safe roads the following: to travel on in the future.  SLOW DOWN – Typically the speed limit in a work zone is 45 mph. You could receive a ticket for $375 if you are caught speeding in a work zone, but more importantly, the men and women working in that area would like to go Obey posted speed limits and signing, watch for home injury free at the end of the day. workers or flaggers,and do not use cell  No distractions – Work zones need our complete attention. When traveling through a work zone you should not use phones or text. your cell phone (even hands free) and keep any other distractions at bay so you can focus on getting through the work zone safely.

With some planning, you can make your travels a little less Another important law worth mentioning here is Scott’s Law – stressful during these months of road construction. Whether The Move Over Law. you are planning a vacation, going on a business trip or just visiting another Illinois city, you can prepare for your journey Scott’s Law, named after Lieutenant Scott Gillen of the by visiting http://www.idot.illinois.gov/travel-information/ Chicago Fire Department who was struck and killed while roadway-information/Work-Zones/index. The map on this site assisting at a crash on the Dan Ryan Expressway, requires that indicates where road projects are located. By obtaining this when approaching any emergency vehicle stopped along the information, you can make the decision to either find another roadway (including construction vehicles and equipment), you route or add additional time to arrive at your destination safely. must reduce your speed, change lanes if possible and proceed Also on this website is a link to “road construction,” which with caution. includes the duration of each project and includes rest stop closures as well. Almost all of the road maintenance projects Whether you drive for work or pleasure, these defensive include the following warning, “Slow down and use extreme driving reminders will help guide you safely to your caution when driving through work zones.” Obey posted speed destination: limits and signing, watch for workers or flaggers and do not use  Wear your seatbelt and require others in your vehicle to do cell phones or text. so as well.  Keep your hands on the wheel, your eyes on the road and There happens to be a major road project near my home that your mind on your driving. has definitely affected how I travel each day. TheNews Gazette (3/31/16) states that the Illinois State Police anticipate the traffic in both directions will experience delays and back- ups, and is urge local traffic to use alternative routes. Each RISK MANAGEMENT CONTINUES ON PAGE 24

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 23  Road rage is just not worth it – give the other driver the RISK MANAGEMENT CONTINUES benefit of the doubt and let it go.  Keep a safe driving distance (3 second rule) between your vehicle and the vehicle in front of you. With a little pre-planning and some patience, you don’t have  Don’t drive when you are sleepy. Take a break for a walk to be frustrated navigating through Illinois roads during road or a caffeinated beverage. maintenance season. Enjoy traveling safely in Illinois this season! See you out there! FOR IMLRMA MEMBERS: We offer in-person Defensive Driving Training, online courses for Susie Jaynes is a Membership Specialist safe driving and SERVE - online training for Emergency Vehicle with the IML Risk Management Association. drivers. All of this is included in your membership! Contact us Contact Susie at [email protected], or today to sign up or get more information on how we can help your (217) 836-6612. employees stay safe while driving municipal (or personal) vehicles.

Fun in Illinois! June 2016 Festivals

25TH ANNUAL RHUBARB FESTIVAL – JUNE 3-4 – ALEDO http://aledomainstreet.com/index.php?option=com_content&tas k=view&id=139&Itemid=30 MUSIC IN THE PLAZA – JUNE 18, 25 – TINLEY PARK AINAD SHRINER’S OF SOUTHERN www.downtowntinley.com ILLINOIS PARADE AND CIRCUS – JUNE 3-4 – BELLEVILLE https://www.ainadshriners.org

WINE, DINE & JAZZ – FARMER’S MARKET – JUNE 4-30 – TINLEY PARK JUNE 24-25 – BELLEVILLE www.downtowntinley.com http://winedinejazz.com/

CRUISE NIGHTS – JUNE 7, 14, 21, 28 – TINLEY PARK BEACH FEST – www.downtowntinley.com JUNE 24-26 – ROUND LAKE BEACH www.villageofroundlakebeach. com/Calendar.aspx?EID=718 MACON STREET FEST – JUNE 17-18 – MACON https://www.facebook.com/ maconstreetfest/

24 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 A AWARDS GRANTS PARK FOREST PLACES IN BEST COMPLETE STREETS NATIONAL PARK SERVICE COMMUNITY POLICIES OF 2015 ASSISTANCE RIVERS, TRAILS AND CONSERVATION ASSISTANCE PROGRAM In 2015, Park Forest, IL made a formal commitment W to safer streets that work for everyone by passing a Could the National Park Service help your community Complete Streets policy. Now, this policy has been create close-to-home recreation opportunities and protect named one of the best in the nation. nearby nature?

A The Best Complete Streets Policies of 2015, (http:// Apply by June 30 to be considered for technical www.smartgrowthamerica.org/best-complete-streets- assistance in 2017 for your community-led conservation policies-of-2015) an annual ranking from Smart and outdoor recreation project from the Rivers, Trails, Growth America’s National Complete Streets Coalition, and Conservation Assistance program. (https://www.nps. R evaluated all 82 Complete Streets policies passed in gov/orgs/rtca/whatwedo.htm) 2015. Park Forest’s policy tied with South Bend, IN and Longmeadow, MA as third best in the nation, scoring Community assistance specialists can help you and other 92.8 out of a possible 100. local leaders: D  Create new nearby parks or greenways “This is yet another example of how the Village of Park Forest benefits from the good work of our excellent  Plan trails and greenways, conserve landscapes, staff and committed volunteers. We’re very proud of build water trails and restore rivers S the recognition their efforts have gained. The whole  Manage a visioning, planning and design process to community is the beneficiary as a result of their careful guide your community’s future and thoughtful planning,” said Park Forest Mayor John  Plan and facilitate public engagement A. Ostenburg.  Build partnerships that support your “A Complete Streets approach is about helping everyone project’s success & stay safe on the road – no matter if they’re walking,  Provide opportunities for youth to enjoy outdoor biking, taking transit, using an assistive device or recreation and learn to become conservation driving,” said Emiko Atherton, Director of the National stewards Complete Streets Coalition. “Passing a Complete  Streets policy is one of the best actions communities Develop tourism plans can take toward achieving these goals, and hundreds of G To find out if your community could participate, communities across the country now have these kinds of policies in place. What’s even more exciting is that the review the application process (https://www.nps.gov/ language of these policies continues to improve – and orgs/rtca/apply.htm) first. Then call or email a National that means streets that work better for everyone.” Park Service staff member near you (https://www. R nps.gov/orgs/rtca/contactus.htm) to discuss your idea. Hildy Kingma, Director of Economic Development You are strongly encouraged to consult with NPS and Planning for the Village of Park Forest, was one of staff to explore and develop your project idea prior to the featured speakers during a kickoff webinar for this applying, and to get answers to your questions about A new analysis. the application process.

The City of Reading, PA passed the best-written policy of You can also get some inspiration by checking out the 2015, scoring an unprecedented perfect 100. Nationwide, current projects in your state (https://www.nps.gov/orgs/ N a total of 898 Complete Streets policies have been passed rtca/community-projects.htm) that NPS staff are helping by 843 separate jurisdictions, including municipalities, with this year. counties, metropolitan planning organizations, state T agencies and states. The deadline to apply is June 30, 2016. GRANTS.GOV See more information about the winning policies, evaluation criteria and the full rankings at http://www. A variety of grants available for municipal governments smartgrowthamerica.org/best-complete-streets-policies- are listed and updated regularly at www.grants.gov. The of-2015. list is sortable and searchable. There are currently 97 S grants listed with close dates in June.

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 25 The Next Big Thing in Local Government

BY ROBERT J. O’NEILL JR

Where is local government going? In an era of tumultuous a number of public-service-provision challenges. We also will change and declining trust in government, cities and counties use innovative financing and public-private partnerships to help face major attitudinal and demographic forces, including public agencies amortize the cost of infrastructure operations competition for resources devoted to the “graying” and the and management. When Denver looked for ways to fund the last “browning” of America and population and generational bit of its high-speed rail system, for example, the city involved changes in government workforces. And there’s another, investors from Spain in a nuanced and complex financing deal. perhaps overarching, challenge: the difficulty taxpayers Agreements such as these will require local governments to have in thinking about government as experimental when develop a new set of navigational management skills. experimental thinking will be exactly what will be needed in the coming decades. TECHNOLOGY AND CITIZENS

Certainly challenges like those – not to mention those as yet Much will turn on whether and how cities and counties and unforeseen – are going to do much to shape the future direction the people they serve use sensors, data, networking and other of local government. They were among the forces identified technological infrastructure to become “smart” jurisdictions, by a panel of experts in a recent live-streamed discussion I and how they leverage that technology to better engage their moderated. Co-sponsored by the International City/County residents. In Sweden and some parts of the United States, Management Association (ICMA) and the Alliance for for example, local governments have successfully combined Innovation (AFI), the webcast was part of a larger “Next Big technology and resident engagement to forge a framework for Thing” project sponsored by AFI. change driven far more than ever before by citizen input.

So what will be the next big thing? There were plenty of ideas None of these efforts can succeed without the appropriate among the panelists: Arlington County, Va., Assistant County balance of high tech and high touch. Arlington County, for Manager Shannon Flanagan-Watson; John Nalbandian, a example, tries to equalize the two by leveraging crowdsourcing professor emeritus at the University of Kansas; Austin, Texas, and other tools to engage residents and the business community City Manager Marc Ott; and Rebecca Ryan, a futurist and in an ongoing conversation with their local government. And founder of Next Generation Consulting. Here are some of while local governments are improving opportunities to inform their thoughts: people and solicit opinions, there are few forums in which a resident, business leader or elected official praises someone COLLABORATION else’s good idea. We do a great job of soliciting various viewpoints, but we need to focus on elevating the dialogue. We will see a merging of the public, nonprofit and private sectors, blending public purpose with private capital to address

26 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 CLOSING THE GAPS It’s Greener to The gap between the haves and the have-nots – and whether that gap becomes a structural impediment to participation in the 21st-century economy for large segments of the population Shop in Stores – will continue to be a major driver of local government. An unforeseen consequence of community growth and FROM SHOPPING CENTERS TODAY development is the broadening of the divide to the point at which “affordability” has become a major campaign issue for Shopping in physical stores is greener than buying online, elected officials in cities such as Austin. according to an environmental-impact study of shopping habits conducted by Simon with consulting firm Deloitte. In fact, A different but equally important gap is the space between what consumers can reduce the impact their shopping has on the is politically acceptable and administratively sustainable – that environment by as much as 7 percent annually if they cut out space dividing what local governments wish to accomplish the clicks and shop at the bricks, according to research the two from what will work and what is politically possible. As that firms have compiled. gap continues to grow, it becomes more difficult to achieve results that matter. For one thing, the packaging used for delivery of online orders has a greater environmental impact than the shopping bags RESILIENCY distributed at stores. Furthermore, about 33 percent of items bought online are returned, burning up a lot of fossil fuel, while This concept, a fairly new public-sector mindset that is only 7 percent of those purchased in brick and mortar stores are essential to our continued success and future partnerships, is returned, the report says. seldom taught in public-administration classes. Resiliency is not only about the ability to bounce back from disasters, Customers also tend to travel to shopping centers in groups, whether natural or human-caused, but to be proactive about buying larger quantities of items at stores than online, reducing analyzing risk before bad things happen so that we can bounce overall fuel consumption per product, according to the report. back better than before. While social cohesion is a critical Four products bought at a mall might produce about 10.2 factor for resilient communities, identity politics and the million grams of carbon dioxide equivalent, while those same wavering of trust in the public sector are major impediments to four products purchased online may produce 10.7 million achieving this important goal. grams. “Mall shopping has a lower greenhouse gas impact than online shopping,” writes Kenneth R. Richards, a professor All of these have one thing in common: the continuing need of environmental and energy policy at Indiana University’s for government to be innovative. Today’s rigid structures School of Public and Environmental Affairs, in the report. and jurisdictional branding – which reward distinction, and consequently, competition rather than collaboration – make Physical stores also bring more jobs and tax revenue to it difficult to leap beyond our current boundaries to achieve communities – creating five times as many jobs as the successful regional and multi-sector innovation. Overcoming online shopping side for the same value of sales, according to that difficulty may be the toughest challenge of all. the report.

At the ICMA annual conference in Seattle, AFI released Simon hired Deloitte to help study the comparative store/ a report based on Rebecca Ryan’s research and the “Four online environmental impact – from factory to landfill – of a Forces” model developed by Cecily Sommers, which explores theoretical basket of products that included women’s shoes in more depth the question of what lies ahead for local and apparel, a coffee-maker and wine glasses. “Sustainability government. To learn more, visit ICMA’s “Next Big Thing” is an important consideration for our employees, customers webpage, where you can view the webcast and where the AFI and other key stakeholders,” said Mona Benisi, Simon’s report will be posted. senior director of sustainability. “In an age when consumers are increasingly demanding same-day or fast delivery, which Reprinted with permission from governing.com. requires more resources and fuel to fulfill, the negative impact Robert J. O’Neill Jr. is Executive of online shopping is likely to worsen. This study underscores how the choices consumers make when shopping impact the Director of the International City/ environmental footprint and may influence future behaviors.” County Management Association. www.icma.org. Robert can be Reprinted with permission from SCT, a publication of the International Council of Shopping Centers. For more information on shopping centers contacted at [email protected]. and trends, see www.icsc.org.

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 27 PROFESSIONAL SERVICES DIRECTORY

ARCHITECTURAL SERVICES ENGINEERING SERVICES

REGISTER NOW FOR CITY SUMMIT 2016! NLC’s City Summit (formerly Congress of Cities) is coming to Pittsburgh, Pennsylvania, November 16-19, 2016.

Register before 7/15 for the early bird rate: citysummit.nlc.org

28 | ILLINOIS MUNICIPAL REVIEW | JUNE 2016 PROFESSIONAL SERVICES DIRECTORY

ENGINEERING SERVICES MISCELLANEOUS SERVICES

The Review is a great way to present your product or service to Illinois municipal elected and appointed officials. Call 217.525.1220 to place your ad in the next issue. See the advertising rate sheet at: http://iml.org/file.cfm?key=2098

JUNE 2016 | ILLINOIS MUNICIPAL REVIEW | 29 this conferencein Looking forareasontoattendIML’s 103rdAnnualConference? I haven’tmissed

opportunities. 2016 Always good networking 20 years. Here’s whatafewoflastyear’s attendeessaid: Registration begins July 11 www.conference.iml.org September 22-24,2016|HiltonChicago Illinois MunicipalLeague educational and professional experience. Very good 103rd AnnualConference and interesting. something new. Speakers were I alwayslearn very informed Photo credit:CityofChicago