The DeKalb County Forest Preserve District
Committee met Tuesday, April 18, 2005 at the Conference Room East at 6:00
p.m. In attendance were committee members, Ms. Fauci, Mr. Anderson, Mr.
Lyle, Mr. Gudmunson, Mr. Rosemier. Committee member Ms. Turner arrived after
the call to order. Also in attendance were Mr. Hannan, Forest Preserve
Superintendent, County Board Member Michael Haines and guests Greg Millburg,
and Diane Strand.
APPROVAL OF MINUTES
Ms. Fauci asked if there were any
corrections or additions to the February 21, 2006 minutes. Hearing none, Mr.
Rosemier moved to approve the minutes, seconded by Mr. Anderson, and the
motion passed unanimously.
APPROVAL OF AGENDA
Mr. Lyle moved to approve the Agenda as
submitted, seconded by Mr. Gudmunson, and the motion passed unanimously.
REFERENDUM DISCUSSION AND LAND ACQUISITION PRIORITY
DISCUSSION
Ms. Fauci opened the discussion by noting
that the recent referendum did pass and that it was now the time to begin
discussing priorities and plans for land acquisition. Mr. Hannan then
handed out a preliminary guidelines document he had drafted for the
Committee’s use outlining some priority considerations and criteria. He
commented that past land acquisition had been either by generous donation,
selling at less than fair market value, or grant assistance . One
recommendation would be to consider forming a citizens advisory committee to
obtain maximum transparency in the process. He further noted that some
Districts employed a private counsel to handle the purchase negotiations.
Mr. Rosemier asked how such an individual would be better equipped than the
Committee members to handle these discussions. Mr. Hannan replied that they
would have an increased familiarity for the legal aspects of the process as
well as an increased knowledge of grant availability. These people usually
have the experience and expertise in land negotiations that could be
helpful. Mr. Rosemier then asked what sort of cost would be associated with
this type of service. Mr. Hannan replied that he had heard figures in the
$75 per hour range. He went on to ask if the Committee would want to meet
some of these individuals generally to determine their value to the
process. Mr. Anderson asked if these individuals would be writing grant
documents. Mr. Hannan replied that their scope of work would be beyond the
grant writing, he had sufficient experience and success in grant writing
and would continue to do that work. He commented that their focus would be
on the negotiation stages of the acquisition, especially in the case of
below market negotiations, leveraging donations and would utilize grants
when it could help to maximize the County’s position. Mr. Rosemier asked if
these individuals would all have legal backgrounds. Mr. Hannan replied that
was not always the case. Mr. Rosemier then noted that the State’s Attorney
had been utilized for legal advise in the past. Ms. Fauci noted that the
State’s Attorney’s office does function as a legal advisor to the Board
Committee’s, but that such duties are in addition to a great number of other
functions the office performs. Mr. Rosemier commented that the broad range
of time demands on that office may not render them the best choice to handle
complex negotiations of this type.
Mr. Hannan then began a review of the
document he had prepared, noting that the top priority had consistently been
stressed by the Committee during the referendum process; that the land be
acquired from willing sellers. SEE ATTACHMENT. He further commented that a
good document to keep in mind would be the Illinois Department of Natural
Resources Grant Preferences listing which outlines priorities the IDNR felt
were critical in grant determinations. He also noted that the IDNR requires
a Certification of Voluntary Transaction, demonstrating that the negotiation
for the acquisition had been done fairly. Mr. Anderson asked if the
Committee could see a copy of that document. Mr. Hannan replied that he
would obtain a copy for the Committee’s review. He then passed out a copy
of the Certification sheet and commented that the District had a very strong
track record with the IDNR grant process.
Mr. Hannan then reviewed other criteria on
the draft guidelines. Items were discussed such as the ability of the
district to use acquired farmland for farmland preservation, that the land
acquired should, ideally, be adjacent to existing preserves and that larger
sites are preferable.
He then asked the Committee to take the
next two months or so to review the document and add or adjust the
priorities as necessary. He commented that one item that would be helpful
to retain would be third-party involvement in all transactions to avoid any
appearance of collusion or impropriety in land purchases.
Mr. Rosemier asked if there were any ways
the District could enhance its income through wetland mitigation, rather
than focusing solely on restoration. Mr. Hannan replied that income from
the Wetlands Mitigation Bank would be a continuing situation and that future
wetland bank land acquisition could be some thing to consider in the
future.,
Ms. Fauci thanked Mr. Hannan for his work
and asked the Committee to begin to work with the draft as soon as they
could.
Mr. Rosemier then asked to review several
financing options through loans from the County or other entities. Mr.
Hannan replied that they had utilized such loans in the past and would again
if necessary to secure a purchase before the revenue streams approved in the
referendum were established. He did caution the Committee however, that
land purchased outright by the District would not be eligible for
supplemental grant assistance. This is why the District might utilize other
entities to secure land and “pre –acquire” while grants were being
obtained.
Mr. Gudmunson asked if a seller wanted to
sell, but also do a portion as a gift, would it be tax deductible. Would
they be able to minimize their capital gains in this way? Mr. Hannan
replied that it would be prudent to seek competent legal advice on that type
of issue. In other Forest Preserve acquisitions, sellers had “gifted” all or
some of their land.
Ms. Fauci then commented that such advice
might be one of the duties of the supplemental counsel mentioned earlier and
asked the Committee if meeting and asking questions of some of these
individuals would be beneficial. Mr. Rosemier strongly encouraged the
Committee to consider inviting these individuals to the Committee for
presentations.
Ms. Fauci then recognized Mr. Haines from
the audience who wished to make a comment. He noted that in response to Mr.
Gudmunson question, it seemed to him that most farmers would want to sell on
long-term contracts to spread their capital gains out, rather than handle it
as a one-time transaction.
Following additional discussion regarding
the history of the acquisition of the Potawatomi Woods land, Mr. Hannan
noted that he would arrange presentations by some of the supplemental
counsels for the Committee in the coming months.
VOLUNTARY STEWARDSHIP PROGRAM
Mr. Hannan reported to the Committee on the
formation of a Voluntary Stewardship Program that had begun in the
District. He noted that while the District has always enjoyed a strong base
of volunteers, that this program takes a more long-term approach. Rather
than a focus solely on particular projects or evasive species removal, this
program would match qualified land managers with areas where their long-term
management could enhance restoration processes. He noted that the first
individual is an ecologist who works currently for the Kane County Forest
Preserve, but who had agreed to take the lead in a restoration process at
Nehring Forest Preserve. Mr. Fauci noted that she had participated in the
last two workdays at Nehring and was extremely impressed with Chris Hauser,
the Steward for that Preserve. She noted that in addition to the work done
that day, Mr. Houser was extremely adept at making the time a learning
experience as well as sharing his vision for the project overall. Mr.
Hannan commented that the work Mr. Houser was accomplishing in the area
should lead to an increased diversity of plant and wildlife species
inhabiting the Preserve. Mr. Rosemier commented that the strength of the
District’s volunteer programs was a testament to Mr. Hannan’s leadership.
SUNRISE ROTARY 8K RUN
Ms. Fauci opened by asking Mr. Hannan for a
report on the readiness of the new Potawatomi Woods Preserve for the
dedication ceremonies. Mr. Hannan replied that while it was the original
intention to have the formal dedication of the shelters done the same day as
the run, and while the shelters are almost completed, it would be better to
push the dedication toward August when the overall look of the Preserve
would be much better. Mr. Rosemier asked who had funded the shelters
primarily. Mr. Hannan replied that the District was given a $25,000.00
donation from the Sunrise Rotary for the shelters, other donors totaled
about $59,000 and a $70,000 grant and about $10,000 in Forest Preserve
funds will complete the project. Mr. Hannan then passed photos and
information of forest preserve staff working to complete the shelters, and
observation deck at the Preserve. He noted that they have completed the
prairies, woodland and wetland burns in the area and were finishing up the
observation deck as well as the handicapped canoe launch. He noted that he
had received very positive comments about the attention to having
handicapped accessibility in the Preserve. He had also received a letter
from the Prairie State Canoeists thanking Mr. Hannan and the District for
the canoe launch area. Ms. Fauci asked if any part of the dedication could
be done the day of the Race. Mr. Hannan replied that it was his intention
to dedicate the shelters and to thank the Rotary that day, but again noted
that the full dedication of the Preserve overall would occur in August. Mr.
Rosemier asked if anyone had the exact date for the Rotary Run and Ms. Fauci
replied that it would be Saturday, May 20th.
GENERAL DISCUSSION,
MONTHLY REPORTS
Mr. Hannan reported to the Committee that
this years volunteer work days had been very productive. On one day alone,
the Sycamore Lions had conducted a cleanup of the Great Western Trail and
several cub scout and boy scout troops had worked at other areas on the
spring cleanup efforts and the Kirkland Voluntary Fire Department assisted
in the roof decking on one of the shelters. He further noted that there had
already been use of the Potawatomi canoe launch and that Camp Russell and
Russell Woods was up and running for 2006.
Mr. Hannan then went on to note that he had
received emails from several local birders who were out in force for the
spring migration and noted that Afton Preserve recently hosted a German
Shepard Search and Rescue group who used the Preserve for training
purposes. He assured the Committee that the group presented appropriate
insurance coverage for the event and will be returning to use the Preserve
again in the fall.
He then closed his reports by noting that
the DeKalb County Community Foundation had received funds from the Sycamore
Grand Victorian senior living center which could be used for conservation
land use, child care or workforce training. Mr. Hannan felt these funds
might be available as a source of matching funds for the District at a
future point given that the Foundations’ recent series of town meetings
across the County had shown the Forest Preserve District ranking very high
with the attendees.
COMMITTEE MEMBER DISCUSSION
Ms. Fauci began by asking for clarification
regarding District policy on target shooting at the Preserve locations. She
recounted an incident that had occurred at Nehring Preserve when a gentleman
had walked by a volunteer group with his young son and an air rifle and when
questioned, said that he was going to let the boy do some target shooting.
Ms. Fauci had intervened and told the gentleman that target shooting was not
an appropriate activity at the Preserve. However, we wanted Mr. Hannan to
clarify if that was the correct direction to have given. Mr. Hannan replied
that it is the policy of the District to prohibit unrestricted use of
firearms at all the Preserve sites. Ms. Fauci asked if smoking was
prohibited in any way and Mr. Hannan replied that smoking was allowed, with
the caveat that there can be no litter or debris left behind.
Mr. Anderson moved to adjourn, seconded by
Mr. Lyle and the motion passed unanimously.
Attached are monthly reports and Forest
Preserve activities.
Respectfully submitted,
Julia Fauci, Chairperson
Forest Preserve District Committee
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