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HomeMy WebLinkAbout2016-11-28 AgendaRei si '�C �m=r MORTON GROVE Incredibly Close -'; Amazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM NOVEMBER 28, 2016 6:00 pm (The hour between 6.•00 and 7:00 pm is set aside for Executive Session per 1-5-7A of the Village of Morton Grove Municipal Code. If the Agenda does not include an Executive Session, the meeting will begin at 7.00 pm.) 1. Call to Order 2. Pledge of Allegiance 3. Executive Session — Personnel Matters THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER 4. Reconvene Meeting 5. Pledge of Allegiance 6. Roll Call 7. Approval of Minutes — Regular Meeting — November 14, 2016 8. Special Reports a. Poster Contest Awards to be Presented by Fire Captain Bill Porter 9. Public Hearings 10. Residents' Comments (agenda items only) 1 1 . President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Proclamation — Chamber of Commerce Day — December 7, 2016 12. Clerk's Report — Community Relations Commission 13. Staff Reports a. Village Administrator 1) Reminder of the December 26, 2016, Village Board meeting cancellation 2) Budget Review and Updates 3) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear — Police Department, Community and Economic Development Department, Fire and Police Commission, Police Facility Committee, NIPSTA, Lehigh/Ferris TIF, Prairie View TIF', Special Events Commission (Trustee Witko) 1) Ordinance 16-26 (Introduced November 28, 2016) (First Reading) Updating Title 4, Chapter 6 of the Municipal Code to Add a New Article J to be Entitled "Massage Establishments and Massage Therapists" b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board of Appeals, Building Department (Trustee Pietron) c. Trustee Pietron — Public Works Department, Condominium Association, Economic Development Commission, Dempster Street Corridor Plan, Chamber of Commerce (Trustee Minx) 1) Resolution 16-69 (Introduced November 28, 2016) Authorizing a Contractual Agreement with Klein, Thorpe & Jenkins, Ltd for Legal Services Relating to a Long -Term Water Supply Agreement for the Villages of Morton Grove and Niles 2) Resolution 16-70 (Introduced November 28, 2016) Guarantee of Municipal Work Performed on State of Illinois Right -of -Ways within the Village 14. Reports by Trustees (continued) c. Trustee Pietron (continued) 3) Resolution 16-71 (Introduced November 28, 2016) Authorizing the Execution of a Task Order with Ciorba Group, Inc. for Design Engineering Services for the 2017 Street Improvement Program d. Trustee Ramos — Legal, Finance Advisory Commission, Traffic Safety Commission, Waukegan Road TIF, Capital Projects (Trustee Thill) e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental Health, Solid Waste Agency of Northern Cook County, Appearance Commission, Advisory Commission on Aging (Trustee Ramos) f. Trustee Witko — IT Communications, Strategic Plan Committee, Finance Department, Family and Senior Services Department (Trustee Grear) 1) Resolution 16-72 (Introduced November 28, 2016) Authorizing the Appointment of a Delegate and Alternate Delegate to the Illinois Municipal Retirement Fund 2) Ordinance 16-27 (Introduced November 28, 2016) (First Reading) Adopting the Budgets for All Corporate Purposes of the Village and the Morton Grove Library, Cook County, Illinois for the Calendar Year Effective January 1, 2016 and ending December 31, 2016 3) Ordinance 16-28 (Introduced November 28, 2016) (First Reading) Levying and Assessing Taxes for the Village, Cook County, Illinois for Fiscal Year Beginning January 1, 2016 and Ending December 31, 2016 15. Other Business 16. Presentation of Warrants $737,198.10 17. Residents' Comments 18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220) promptly to allow the Village to make reasonable accommodations. MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER NOVEMBER 14, 2016 CALL TO ORDER 1 & Village President Dan DiMaria called the meeting to order at 7:00 p.m. in the Council 11. Chambers of Village Hall. He then led the Board and assemblage in the Pledge of Allegiance. 111. Village Clerk Connie Travis called the roll. Present were: Trustees Bill Grear, Rita Minx, John Pietron, Ed Ramos, John Thill, and Janine Witko. IV. APPROVAL OF MINUTES Regarding the October 24, 2016 Regular Board Meeting, Trustee Minx moved to approve the Minutes as presented, seconded by Trustee Witko. Motion passed unanimously via voice vote. V. SPECIAL REPORTS 1. Presentation by American Legion Post #134 Regarding Naval Recruit Thanksgiving Dinner a. Casey Buchara, who has chaired this event for the last ten years, and Joe Gesicki, chaplain for the Legion Post, appeared before the Board and assemblage to ask for the Board's support in this endeavor, and to invite everyone to this annual event, where about 50 recruits from Great Lakes Naval Station are brought to Post #134 where they are wined, dined, and entertained. Mr. Buchara thanked the Board for their past support. b. Mayor DiMaria asked about the day's logistics. Mr. Buchara said that buses donated by Niles West will leave the Post at 6:00 a.m. to pick up the recruits. The plan is for them to be back to the Post by 8:30-8:45 a.m. The recruits stay until around 4:30 or 4:45. He said this is a wonderful thing for these recruits, because the veterans, members, and officials serve them— it's their day. The recruits' ages are from 18 to early 20's. Mr. Buchara said folks are welcome to stop in at any time to meet and greet the recruits, but the best time to come is from 10:30- 10:45 a.m. to about 12:30 p.m. c. Mayor DiMaria told the Board and assemblage, "You owe it to yourself to go." The recruits love this day. Mr. Buchara noted that a number of local merchants and businesses support this effort and do a fine job. inutes CfY ovember 4, ttribt IVIete it V. SPECIAL REPORTS (continued) d. Mayor DiMaria asked where donations could be sent. Mr. Buchara said they should be sent to American Legion Post #134, Attention: Sailors' Fund, 6144 Dempster Street, Morton Grove, IL. Donations go toward this event and to the Wounded Warriors initiative. Post members go to visit these hospitalized and recovering men and women and they give out gift cards redeemable at the PX. e. Mr. Gesicki said that Post #134 and its members appreciate everything the Village does for them. Mayor DiMaria replied, "Not as much as we appreciate what you do for us." 2. Swearing -In Ceremony for New Fire Chief Frank Rodgers a. In the absence of Fire and Police Commission Chairman Mike Simkins, Mayor DiMaria performed the swearing-in. First, though, he provided some background on the new fire chief. b. Frank began his service with the Morton Grove Fire Department in 1990 as a Firefighter/ Paramedic. He was promoted to Lieutenant in 2004 and appointed to District Chief in 2007. He brings a high level of diverse talent and experience to the position, serving the department throughout the years as an apparatus engineer, fire investigator, CPR instructor, MABAS Special Rescue Team member, Apparatus Coordinator, and the department's Training Officer. c. Mayor DiMaria said that Frank said that he's honored to be named the new Fire Chief and intends to build upon the department's strong foundation, created by his five predecessors. d. VI. Frank was joined at the podium by his wife Jennifer, his daughter and three of his four sons, his parents, sister, brother, and aunt. He thanked everyone for coming out and said that he's lucky to be surrounded by great people. The Board congratulated Chief Rodgers and his family. PUBLIC HEARINGS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE VIII. PRESIDENT'S REPORT 1. Mayor DiMaria proclaimed the month of November 2016 as "World Champion Chicago Cubs Month" in Morton Grove, in honor of the Cubs winning the 2016 World Series Championship— the first time the club has done so since 1908. He said the team's 2016 motto, "We never quit" is an inspiration to everyone, and on behalf of the residents of Morton Grove, congratulated the players, Chairman Tom Ricketts, President Theo Epstein, Manager Joe Maddon, and all the coaches and staff for the epic World Series Championship season 2 Minutes bflNovember 14, 2016 Board Meeting VIII. PRESIDENT'S REPORT (continued) 2. Mayor DiMaria also congratulated Police Officer Steve Litkowiak, who was nominated by the MGPD as a candidate for the 2016 Cook County Sheriffs Law Enforcement Award of Merit. Criteria for this award includes that the individual be an exceptional officer who consistently performs beyond the call of duty as demonstrated by their attitude, attendance, work ethic, and professionalism. Chief Simo said Officer Litkowiak has been selected to receive the award, which will be presented on November 29 in Palos Hills. The mayor said it's a great experience watching the police department evolve. Ix. Clerk Travis had no report. CLERK'S REPORT X. STAFF REPORTS A. Village Administrator: 1. Village Administrator Czerwinski began a presentation, updating the Board and assemblage on the current state of the Alternate Water Supply project. He was accompanied by Bill Balling, who is spearheading the Village's joint effort with Niles and ensuring that the Villages know the right questions to ask. a. Mr. Czerwinski reminded the Board that this past July, they had reaffirmed the purchase of water from the City of Evanston, in order to see savings over what the Village is paying to the City of Chicago and to get price stabilization for Village residents and businesses. Additionally, the Village will be reinvesting in its water infrastructure. The Board also authorized staff engineers to prepare an RFP for a Route Study. Fourteen engineering firms were contact, and four responses (representing 11 firms) were received. Niles is the "lead" on this aspect, and Mr. Czerwinski said that already three of the responding firms have been interviewed. The ultimate goal of the route study is to refine the capital costs and to get a better idea of what operating costs will be. b. c. d. e. More recently, the Villages have been having productive discussions with the City of Evanston, using both Villages' counsels jointly plus a special counsel to handle these negotiations. The Villages are also using Raftelis to evaluate the financial aspects of the water system and to evaluate the Evanston water plant for a "baseline." He explained that Rafteiis is a firm out of Kansas that other municipalities have used in this regard. Morton Grove and Niles have also been working on developing a "water commission" concept that would govern the water system. There would be a representative from each municipality and another one appointed by the County. This is a tried-and-true structure, The water commis- sion would have full authority to govern the water system. Mr. Czerwinski said that a relatively new development is that the Village of Skokie has indicated it might be possible to use their pipes to deliver water to Morton Grove and Niles. He said whether it's new pipes or Skokie's pipes, either way, an intergovernmental agreement would be needed between the municipalities or the water commission and the Village of Skokie. Mr. Czerwinski said that the Morton Grove/Niles team is great, from a management, legal, and operations standpoint. 3 Bratmca November` 4. 2016 Board X. STAFF REPORTS (continued) A. Village Administrator: (continued) f. Mr. Czerwinski said the next steps would be to develop a Water Supply Agreement with the City of Evanston for the Board's approval, ideally at the December 12, 2016 Board Meeting. He said staff will also be seeking approval at that time of a Water Supply Corridor and Route Study, including entering into a contract with an engineering firm, and authorization for a registered independent financial advisor and a Plan of Project Finance. Mr. Czerwinski Further next steps, also targeted for the December 12th Board Meeting, would be to obtain Board approval of two Intergovernmental Agreements—one between the Village of Niles and the Village of Morton Grove for the Sustained Water System Cooperative, and one between the Villages of Niles and Morton Grove and the Village of Skokie for a Water Conveyance Path Agreement. The Board will also be asked to authorize legal support, including multi - jurisdictional agreements and a Bond Counsel. g. h. Later this year or in early 2017, the Water Supply Corridor and Route Study Engineering Report will be reviewed, and the Village will continue discussions with the City of Chicago about the extension, if necessary, of the current water supply contact, and also about the City providing system support and a back-up water supply. Project construction, financing, and ongoing support will be discussed as will the formation of the Water Commission. i. In late spring of 2017, consideration and authorization will be given to specific phased construction work and permanent financing, and by late fall of 2018, the project will hopefully be completed. j. Mr. Czerwinski pointed out that Morton Grove's contract with the City of Chicago ends on December 31, 2018, and Niles' contract with the City ends in 2019, so the phased construction will be planned to accommodate Morton Grove's earlier schedule. Mr. Czerwinski thanked Corporation Counsel Liston for all her efforts in regards to this project. k. Bill Balling added that the level of cooperation between Morton Grove and Niles is outstanding. He said this was an ambitious project, but feasible, and both parties are making great progress with Evanston. Evanston is actually drafting the Water Supply Agreement, with Niles and Morton Grove offering feedback. Mr. Balling said everyone is pushing hard to adhere to this schedule. I. Trustee Thill thanked Mr. Czerwinski and said that he appreciates his openness and his keeping the Board informed. He said it's also important to keep the residents up to speed, too. m. Mayor DiMaria said that the numbers look high, and that can be intimidating, but the savings the Village and its residents will realize by undertaking this project will be exhilarating. He thanked the Board and staff of the Village of Niles for their cooperation and asked everyone to "keep up the good work," noting that future generations will appreciate this. B. Corporation Counsel: Corporation Counsel Liston had no report. 4 mites ,of Itsiovini r:114 201:0:BoardiMeetirig. xi. A. Trustee Grear: 1. TRUSTEES' REPORTS Trustee Grear presented Ordinance 16-24, Amending Title 6, Chapter 7 of the Municipal Code Entitled "Cannabis and Drug Paraphernalia" and Title 1, Chapter 4 Entitled "Monetary Penalties and Fines for Specific Violations and Offenses." This is the second reading of this Ordinance. Trustee Grear explained that this amendment will add monetary penalties for violations associated with the possession of paraphernalia with associated minimum amounts of illegal cannabis and/or other drugs. These changes will allow for local ordinance prosecution consistent with State statutes resulting. In fines ranging from $100 to $750. Trustee Grear moved to adopt Ordinance 16-24, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Manx aye Tr. Pietron awe Tr. Ramos Tr. ThiII Lig Tr. Witko awe, B. Trustee Minx: 1. Trustee Minx presented Ordinance 16-25, Approving a Special Use Permit fora Parking Waiver in Excess of 30% and to Establish the Required Number of Parking Spaces for the Expansion of the Existing Building at 5626 Dempster. a. b. This is the second reading of this Ordinance. Trustee Minx explained that North Shore Faucets has filed an application to expand the existing 1.5 story, 5,210 square foot building to a 3 -story, 13,599 square foot building. North Shore Faucets will occupy the first and second floors, and the third floor will be used as limited general office space. Based on the parking requirements in the Village's Code, the remodeled building will require 25 parking spaces. North Shore Faucets is asking for a special use for a parking waiver in excess of 30% and to establish the number of required spaces at 14. A traffic and parking study was done, and the consultant's findings were that this project could be accommodated by the five onsite parking spaces and adjacent street parking. The Plan Commission voted unanimously to recommend approval of this request. Trustee Minx moved to adopt Ordinance 16-25, seconded by Trustee Pietron. Motion passed: 6 ayes, 0 nays. Tr. Grear gig Tr. Minx Tr. Ramos ave Tr. Thill ave Tr. Pietron aye Tr. Witko aye 2. Trustee Minx concluded her report by wishing everyone a happy, healthy Thanksgiving holiday. 5 Minutes of ove ber14j20,1 _;Boar. seting, XI. TRUSTEES' REPORTS (continued) C. Trustee Pietron: 1. Trustee Pietron presented Resolution 16-67, Authorizing the Execution of a Contract Change Order With Mondi Construction, Inc. For the 2016 Concrete Replacement Program. a. b. He explained that Resolution 16-20, passed earlier this year, authorized the Village President to execute and the Village Clerk to attest to a contract with Mondi Construction, Inc, For the 2016 Concrete Replacement Program. The majority of the work was completed in May, but now there are additional utility repairs that need to be restored and sidewalk and pavement that staff recommends should be replaced before winter. Trustee Pietron said the original contract value was $122,610. With this additional work, the adjusted contract value is $146,057.25. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Pietron noted that this would expend the entire amount budgeted for concrete replacement in the 2016 Budget. Trustee Pietron moved, seconded by Trustee Witko, to approve Resolution 16-67, with the changes as noted. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx awe Tr. Pietron aye Tr. Ramos Lys Tr. Thill aye Tr. Witko aye 2. Next, Trustee Pietron presented Resolution 16-68, Authorizing the Execution of a Change Order to a Task Order With Ciorba Group, Inc. For Design Engineering Services for Sites I & J Development Drainage Engineering Project.. a. He explained that this Resolution will authorize the execution of a change order to a task order with Ciorba Group for design engineering services for Sites 1 & J Development Drainage Engineering Project to complete additional design engineering for the Project in the not -to - exceed amount of $36,943.40. The Ciorba Group will design additional improvements not foreseen in the original concept, to make design modifications for changes in scope, and to review Site J developer's engineering drawing for compatibility with Sites I & J Development Drainage Engineering Project. Trustee Pietron said the additional money will come from the Lehigh -Ferris TIF account. Trustee Pietron moved, seconded by Trustee Minx, to approve Resolution 16-68. Motion passed: 6 ayes, 0 nays. Tr. Grear ye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill awe Tr. Witko aye 6 Minutes of November 14, 2016 Board Meeting' Xl. D. Trustee Ramos: Trustee Ramos had no report. TRUSTEES' REPORTS (continued) E. Trustee Thill: Trustee Thill had no report, but asked Public Works Director Andy DeMonte when the last day for leaf pick-up was. Mr. DeMonte responded it was the week after Thanksgiving. Trustee Thill asked what happened if someone were to put a pile of leaves in the street after the last days of leaf pick-up. Mr. DeMonte said that Public Works would likely still pick up the leaves. Trustee Thill commented that it might be a good idea to charge the homeowner in that case. F. Trustee Witko: Trustee Witko had no report. XII. OTHER := USINESS NONE XIII. WARRANTS Trustee Witko presented the Warrant Register for November 14, 2016, in the amount of $1,150,445.24. She moved that the Warrants be approved as presented. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear ave Tr. Minx aye Tr. Pietron aye Tr. Ramos a e Tr. Thin aye Tr. Witko a ave, XIV. RESIDENTS' COMMENTS NONE XV. ADJOURNMENT Trustee Pietron moved to adjourn the meeting, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx aye Tr. Pietron Tr. Ramos Eys. Tr. ThiII En Tr. Witko The meeting adjourned at 7:49 p.m. 7 ouember 14, 016 =pari. PASSED this 28th day of November, 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thiil Trustee Witko APPROVED by me this 28th day of November, 2016. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 29th day of November, 2016. Connie J. Travis, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cousar 8 'AORTO GROVE FfRI SPAR KENT 6250 LINCOLN AVENUE • MORTON GROVE, ILLINOIS 60053 847-470-5226 FAX 847-965-7711 WWW.MORTONGROVEIL.ORG 2016 FIRE PREVENTION POSTER CONTEST The Fire Department's Director of Fire Prevention, Captain William P. Porter recently conducted the TWENTY-FOURTH ANNUAL POSTER CONTEST, in conjunction with the Morton Grove Fire Department and the Firefighter's Association of Morton Grove. All the schools in the Village of Morton Grove were invited to participate in the program. A list of contest rules for the posters and a date the posters were to be turned in by was given to each school. For the third year, students could also participate in a digital poster contest electronically. The students were given a list of fire safety topics to choose from. The posters were judged on the following criteria. 1. The fire safety message is correct. 2. The message is clear. 3. And, the quality of the artwork of the poster. The Firefighter's Association of Morton Grove sponsored the awards for the program. A plaque with a digitized photo of their winning poster and a Special Coin are given for the winning poster in each grade classification and the Digital Classifications. In addition, plaques are awarded to the student with the overall winning poster and to the school that student represents. The following are the 2016 Poster Contest winners. Kindergarten First Grade Second Grade Third Grade Fourth Grade Fifth Grade Sixth Grade Seventh Grade Eighth Grade Third Grade Fourth Grade Fifth Grade Marwa Qureshi Molly O'Hara Sameera Shethwala Sareena Mohiuddin Gabby Diaz Sarah Felsing Priscilla Ardelean Elizabeth Perez Mary Jule Ruehrdanz Digital Winners Taha Ali Kayla Miskell Elijah Luthardt Alexia Ardelean MCC Academy Jerusalem Lutheran MCC Academy Julia Molloy Education Center Jerusalem Lutheran Jerusalem Lutheran Park View School Park View School Jerusalem Lutheran Edison Middle School Edison Middle School Edison Middle School Overall Winner **** Park View School Protection throuah Preventinn and PrPnararinocc lrnthxmatinn Village of Morton Grove WHEREAS, the Morton Grove Chamber of Commerce has worked with businesses, merchants, and industry to advance the civic, economic, industrial, professional and cultural life of the Village of Morton Grove since 1926; and WHEREAS, the Illinois Chamber of Commerce is the state's leading broad-based business organization and has contributed to the civic and economic life of Illinois for 175 years; and WHEREAS, the Chamber of Commerce promotes local businesses and their interests to residents and other businesses in the Village of Morton Grove; and WHEREAS the Village of Morton Grove has for many years supported the Morton Grove Chamber of Commerce by having staff and elected officials serving on its boards and committees and promoting its various programs and events; and WHEREAS a successful partnership between the Village and the Chamber of Commerce is a vital resource to promote local businesses and their interests; and WHEREAS, this year marks the 90th anniversary of the founding of the Morton Grove Chamber of Commerce. NOW, THEREFORE 1, Daniel P. DiMaria, Mayor of the Village of Morton Grove do hereby proclaim December 7, 2016, as CHAMBER OF COMMERCE DAY in the Village of Morton Grove in recognition of the important role the Chamber of Commerce provides in supporting Morton Grove businesses. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Daniel P. DiMaria, Village President Legislative Summary Ordinance 16-26 UPDATING TITLE 4, CHAPTER 6 OF THE MUNICIPAL CODE TO ADD A NEW ARTICLE J TO BE ENTITLED "MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS" Introduced Purpose Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Administrator Approval November 28, 2016 The new Title 4, Chapter 6.1 of the Municipal Code amendment will establish rules and regulations pertaining to Massage Establishments Massage therapists are licensed by the Illinois Department of Financial and Professional Regulations pursuant to the Massage Licensing Act, 225 ILCS 5711, et seq., however the Illinois Department of Financial and Professional Regulations does not license or regulate massage establishments. The regulation of massage establishments is a matter of growing importance to public health, safety and welfare of the residents of the Village of Morton Grove and is intended to prevent the spread of diseases through unsanitary practices and facilities, prevent and abate nuisances, and unlawful activity. This ordinance will establish regulations and procedures for the licensing, inspection and regulation of massage establishments in the Village. Legal, Administration, and Police Department Not applicable. Not applicable. The implementation of this ordinance will be performed by the Police Department, Administration and Legal Departments as part of their normal workload. Approval as presented. Required — Code Amendment — Second Reading December 12, 2016 None Reviewed by Czerwinski, Vill fie Administrator M chael Simo, C ief of Police Prepared by: ! '' Teresa Hofa Liston, Corporation Counsel ORDINANCE 16-26 UPDATING TITLE 4, CHAPTER 6 OF THE MUNICIPAL CODE TO ADD A NEW ARTICLE J TO BE ENTITLED "MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS" WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Code, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, the Illinois Municipal Code provides the Corporate Authorities of the Village of Morton Grove Illinois with certain powers to promote the public health, safety, comfort morals and welfare of the comrnunity,65 ILCS 5/11-13-1; and WHEREAS, the Illinois Municipal Code permits the Corporate Authorities of the Village of Morton Grove Illinois may define, prevent, and abate nuisances, 65 ILCS 5/11-60-2; and WHEREAS, the Illinois Municipal Code provides that the Corporate Authorities of the Village of Morton Grove Illinois may do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of diseases; and WHEREAS, massage therapists are licensed by the Illinois Department of Financial and Professional Regulations pursuant to the Massage Licensing Act, 225 ILCS 57/1, et seq., however the Illinois Department of Financial and Professional Regulations does not regulate massage establishments; and WHEREAS, the regulation of massage establishments is a matter of growing importance to prevent the proliferation of unlawful conduct and to prevent such establishments from being used for the purposes of prostitution in violation of the Illinois Criminal Code; and WHEREAS, massage establishments directly affect the public health, safety and welfare of the residents of the Village of Morton Grove; and WHEREAS, the licensing and regulation of massage establishments are intended to protect the public health by preventing the spread of diseases through unsanitary practices and facilities, prevent and abate nuisances, prostitution and unlawful activity; and WHEREAS, the Corporate Authorities of the Village of Morton Grove have determined that it is in the interest of the public health, safety and welfare of the citizens of the Village of Morton Grove to regulate massage establishments. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 4 Entitled Business Regulations, Chapter 6 Entitled Regulations Pertaining to Specific Businesses, will be amended by adding a new Article J. to be entitled "Massage Establishments and Massage Therapists" to read as follows: TITLE 4 CHAPTER 6 ARTICLE MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS SECTION: 4-6J-1: Definitions 4-6J-2: License Required for Massage Establishments 4-6J-3: License and Filing Fee for Massage Establishments 4-6J-4: Review by Village Adjudication Hearing Officer 4-6J-5: Administrative Procedure Act 4-6J-6: Massage Establishment License Application 4-6J-7: Issuance of Massage Establishment License 4-6J-8: Revocation or Suspension of Massage Establishment License 4-6J-9: Requirement of Employing Licensed Massage Therapist 4-6J-10: Massage Therapist License 4-6J-11: Effect of Revocation 4-6J-12: Necessary Massage Establishment Facilities 4-6J-13: Operating Requirements for Persons Licensed by the Village to Operate Massage Establishments 4-6J-14: Out -Call Massage Service and. Registration 4-6J-15: Inspection of Massage Establishments 4-6J-16: Employment Age Restrictions 4-6J-17: Display and Transfer of License 4-6J-18: Exemptions 4-6J-19: Public Nuisance 4-6J-1: DEFINITIONS: For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: COMPENSATION The payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. EMPLOYEE Any person who provides any service in connection with the operation of a massage establishment for compensation received from the owner or operator of the massage establishment or from the customers or invitees thereof. HEALTH OFFICER The Village Administrator or his/her designee. LICENSEE The owner or operator of a massage establishment. MASSAGE A system of structured palpation or movement of the soft tissue of the body. The system may include but is not limited to techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be administered by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under this article, is to enhance the general health and well- being of the mind and body of the recipient. Massage does not include the diagnosis of a specific pathology. Massage does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy practice as defined hereunder. MASSAGE Any establishment having a fixed place of business within the Village ESTABLISHMENT where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on the art of practice of massage. MASSAGE THERAPIST A person who is licensed by the Illinois Department of Professional Regulation and administers massage for compensation. OUT -CALL A business, the function of which is to engage in or provide massages MASSAGE location designated by the customer or client rather than a massage SERVICE establishment. PERSON An individual, partnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character. SEXUAL OR GENITAL AREA External organs or reproduction, public area, anus, or perineum of any person, or the vulva or breasts of a female. 4-6J-2: LICENSE REQUIRED FOR MASSAGE ESTABLISHMENTS: It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premise without the Village, the operation of a massage establishment as herein defined, without first having obtained a Certificate of Compliance as required by the Village Code, and a license for a Massage Establishment form the Village as provided for under this chapter. 4-6J-3: LICENSE AND FILING FEE FOR MASSAGE ESTABLISHMENTS: A. Every applicant seeking a license to maintain, operate, or conduct a massage establishment shall file an application with the Village Administrator or his designee and shall pay to the Village's Finance Department a non-refundable application fee of $1,000 plus an annual license fee for a massage establishment of $500 plus the actual cost of processing fingerprints and photographs. B. The application shall be reviewed by the Village's Building and Inspectional Services Department, Fire Department, Community and Economic Development Department and Police Department, who are authorized to inspect the premises proposed to be operated as a massage establishment, make an investigation of the applicant as may be appropriate and make written recommendations to the Village Administrator or his designee concerning compliance with Village codes and federal or state law, as may be applicable. C. Within thirty (30) days after the application has been submitted, the Village Administrator or his/her designee shall notify the applicant in writing that the application is granted, denied, or held for further review. D. Whenever an application is denied or held for further review, the Village Administrator or his/her designee shall advise the applicant of the reasons for such action. E. An application shall be denied by the Village if it is found that: 1. The applicant does not have a business premise from which to operate the massage establishment; or 2. The operation of the massage establishment, as proposed by the applicant, would not comply with applicable federal, state, or local ordinances, rules, or regulations, including but not limited to the building, fire, health, and/or zoning codes of the Village; or 3. The applicant and/or any other person who will be directly or indirectly engaged in the management and operation of the massage establishment has been convicted of: a. Any offense involving sexual misconduct including but not limited to prostitution, soliciting for prostitute, pandering, pimping, keeping a place of prostitution, or other offenses involving moral turpitude; or b. A felony, misdemeanor or ordinance violation based upon conduct or involvement in the massage establishment business or similar or related business activity within the Village or other city, village, or town, within ten (10) years immediately preceding submission of the application or had a massage establishment license denied, revoked or suspended by the Village, or any other jurisdiction within ten (10) years prior to the date of the application; or 4. The applicant has made any material misstatement in the application for a license; or 5. The applicant has failed or refused to provide within seven (7) days after a request for any information relevant to the review of the application, or the applicant refuses or fails to appear at any reasonable time and place for examination under oath regarding said application, or the applicant refuses to submit to or cooperate with any inspection required by this article. 4-6J-4: REVIEW BY VILLAGE ADJUDICATION HEARING OFFICER: The denial by the Village Administrator and his/her designee with regard to the issuance of any license under this article shall be reviewable by the Village's Adjudication Hearing Officer upon the written request of the applicant filed with the Village Administrator within ten (10) days of such denial. The Village Adjudication Hearing Officer shall conduct a hearing within thirty (30) days after receipt of a request for same by the applicant. At the hearing, the applicant may present any evidence relevant to the denial. The decision of the Village's Adjudication Hearing Officer shall be provided in writing to the applicant not more than fifteen (15) days after conclusion of the hearing. The decision of the Village's Adjudication Hearing Officer upon such hearing shall be a final decision subject to review under the provisions of the Illinois Administrative Procedure Act. 4-6J-5: ADMINISTRATIVE PROCEDURE ACT: The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of the Act were included in this article, except the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act which provides at hearing the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purposes of this article, the notice required under Section 10-25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of any party to the administrative review proceedings, including the licensee. 4-6J-6: MASSAGE ESTABLISHMENT LICENSE APPLICATION: A. The application for a license to operate a massage establishment shall set forth the exact nature of the massage to be administered, the place of business and facilities therefor, the proposed number of employees, hours of operation, the business name, address and telephone number of the establishment, and other relevant matters to the operation of business as may be required on the application. 13. In addition to the foregoing, all applicants for a license, including any individual person, any partner of a partnership applicant, or any officer or director of a corporate applicant and any stockholder holding more than seven percent (7%) of the shares of stock of a corporate applicant or limited liability company shall furnish under oath as may be applicable the following information: 1. Name, current residence address, and current telephone number; 2. Written proof the person making application and all other persons involved directly or indirectly in the massage establishment business within the exception of massage therapist(s) licensed by the Department of Professional Regulation are at least twenty-one (21) years of age; 3. All residential addresses for the past three (3) years; 4. Date of birth, height, weight, color of eyes, and hair; 5. Social Security number; 6. Driver's license number; 7. The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application; 8. The massage or similar business license history of the applicant, whether such person in previously operating in this or another village, city, or state under license, has had such license revoked or suspended, the reason therefore and the business activity or occupation subsequent to such action of suspension or revocation; 9. All criminal or ordinance violation convictions in any circuit court or by administrative proceedings, forfeitures of bond, and pleadings of nolo contendere on all charges, except minor traffic violations; 10. The fingerprints and photograph of the applicant. However, if the applicant is a corporation or a limited liability company then the fingerprints and photographs of any officer or director of the corporate applicant and of any shareholders holding more than seven percent (7%) of the shares of stock of the corporate applicant, or if the applicant is a limited liability company then the fingerprints and photographs of the managers and directors of the limited liability company, and fingerprints and photographs of the manager of the massage establishment; 11. If the applicant is a corporation, or limited liability company, a certified copy of its articles of incorporation and/or authorization to do business in the state of Illinois certified not less than thirty (30) days prior to the date of application, shall be attached to the application; 12. The applicant's tax identification number; 13. The current address and current telephone number of the corporation, limited liability company or partnership; 14. A statement as to whether the funding source for opening the massage establishment is the applicant, or a state or federally regulated financial institution or some other person or entity. If the funding source is other than the applicant or a state or federally regulated financial institution, the name, current address, and current telephone number of the funding source shall be supplied; 15. The current name, current address, and current telephone number of the landlord or property owner of the property from which the massage establishment business will be conducted; 16. A copy of a lease for the premises from which the massage establishment will be operated shall be provided, along with the application. If the application is approved and a license is authorized to be issued, the applicant shall provide the Village Administrator with a copy of a fully executed lease for the massage establishment at the time the license is issued. C. The application for a license to operate a massage establishment shall state the current name(s), current address(es), and current telephone number(s) of the individual(s) who will be the establishment's licensed massage therapist(s). Said application shall be accompanied by a certified copy of the massage therapist(s) license(s). No massage establishment license will be issued until all requirements of this section have been satisfied. 4-6J-7: ISSUANCE OF MASSAGE ESTABLISHMENT LICENSE: A. Every massage establishment license issued pursuant to this Chapter shall be issued for the balance of the calendar year and shall expire on December 31 of the same year, unless sooner suspended or revoked. B. The license holder of the massage establishment shall not allow independent contractors to use or work on the premises as massage therapists. Only employees of the license holder shall work on the premises and only licensed massage therapists employed by the license holder shall be authorized to provide massages within the license premise. 4 6J-8: REVOCATION OR SUSPENSION OF MASSAGE ESTABLISHMENT LICENSE: A. Any license issued for a massage establishment may be suspended for not more than thirty (30) days or revoked by the Village Administrator or his/her designee upon written notice to the license holder which notice shall state a basis for the suspension or revocation. The license holder may request a hearing in writing within ten (10) days of receipt of the notice of the suspension or revocation. Within thirty (30) days from receipt of a demand for hearing, the Village's Adjudication Hearing Officer or his/her designee shall conduct a hearing to determine whether there is just cause to suspend or revoke the license. Unless a license has previously been suspended or revoked or the continued operation of the licensed premise is deemed a threat to the public health, safety, or welfare, the suspension or revocation shall be stayed during the first time a licensee files a request for a hearing. The licensee shall be permitted to present any relevant evidence bearing on the notice. The decision of the Village's Adjudication Hearing Officer shall be in writing and shall be final subject to review under the applicable provisions of the Illinois Administrative Procedure Act. The decision shall be mailed to the address of the license holder as appears on the application for massage establishment license within fifteen (15) days after the hearing. B. Just cause to suspend or revoke a license includes: 1. Any employee of the licensee, including a licensed massage therapist engaging in any conduct at licensee's place of business which violates any of the provisions of this Chapter or any state law, or any Village ordinance or regulation; 2. Any misstatement on an application for a license under this Chapter or in any case where the licensee refuses to permit a duly authorized police officer or inspector of the Village to inspect the premises or the operations therein; 3. The business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene; or 4. Any violation of this Chapter by the licensee or any employee of the licensee, including a licensed massage therapist. 4-6J-9: REQUIREMENT OF EMPLOYING LICENSED MASSAGE THERAPIST: It shall be unlawful to engage in, conduct, operate, carry on, or permit to be engaged in, conducted, operated or carried on, in or upon any premises in the Village the business of a massage establishment without having at least one licensed massage therapist employed by the license holder of the massage establishment. The licensed massage therapist may also be the holder of the massage establishment license. 4-6J-10: MASSAGE THERAPIST LICENSE: Any person, including an applicant for a massage establishment license, who engages in the practice of massage as herein defined shall be licensed by the Illinois Department of Professional Regulation. 4-6J-11: EFFECT OF REVOCATION: Any location, structure, building or premises, of any kind or nature, situated within the Village that is utilized for the operation of a massage establishment, from which a massage establishment license or massage therapist's license is revoked (the "revoked establishment") for violation of any regulation as set forth in this Chapter, shall not thereafter be permitted to be utilized for the operation of a massage establishment by the licensee of the revoked establishment, or any massage therapist employed by the licensee of the revoked establishment, or by any other massage establishment or massage therapist who had an affiliation, either as a partner, limited partner, shareholder, employee, agent, or any other financial interest, or any other indicia of ownership in the revoked establishment. 4-6J-12: NECESSARY MASSAGE ESTABLISHMENT FACILITIES: No massage establishment shall be issued a license or be operated, established or maintained in the Village unless the establishment complies with each of the following minimum requirements: A. Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the codes of the Village, Cook County and/or state of Illinois, as may be applicable. B. All massage tables, bathtubs, shower stalls, steam or bath areas and floor shall have surfaces which may be readily disinfected and cleaned. They shall be covered with single -service towels when in use. C. Adequate bathing, dressing, and locker facilities shall be provided for the patrons to be served at any given time. In the event male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided. D. The premises shall have adequate equipment for disinfecting and sterilizing non - disposable instruments and materials used in administering massages. Such non - disposable instruments and materials shall be disinfected after use by each patron. E. Closed cabinets shall be provided and used for storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage area. Soiled linens and towels shall not be reused until they have been washed and sanitized. Toilet facilities specifically designated for massage establishment use only shall be provided in convenient locations within or immediately adjacent to the premises within the same structure in which the premises are Located. When employees and patrons of different genders are on the premises at the same time, separate toilet facilities shall be provided for each gender. A single water closet for each gender shall be provided for each twenty (20) or more employees or patrons of that gender on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the gender accommodated therein. G. Lavatories or wash basins provided with both hot and cold running water shall be installed in the toilet room(s). At least one lavatory shall be provided outside of the toilet facilities and conveniently located for the employees to wash their hands prior to treating a client. Lavatories or washbasins shall be provided with soap in a dispenser and a dispenser with sanitary towels. H. The premises shall be equipped with a service sink for custodial services. I. A stationary or portable professional massage table with appropriate headrest. J. A separate dressing room for each sex must be available on the premises with individual lockers for each employee and client. Doors to such dressing rooms shall open inward and shall be self-closing. K. The licensee, as a condition of issuance of the massage establishment license, consents to walk-through inspections by authorized Village employees, without notice, at any time during business hours. 4-6J-13: OPERATING REQUIREMENTS FOR PERSONS LICENSED BY THE VILLAGE TO OPERATE MASSAGE ESTABLISHMENTS: A, Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. B. The sexual or genital areas of all customers shall be covered at all times when in the presence of an employee. No employee shall touch or fondle in any manner or massage the sexual or genital area of any massage therapist or customer. Any person, employee or customer violating these rules shall be subject to prosecution for the violation(s). C. All employees, including licensed massage therapists, shall be clean and fully covered in clean clothing from a point not to exceed four inches above the center of the kneecap to the base of the neck by opaque material, excluding the arms and hands. D. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner. E. The sexual or genital area of patrons must be covered by sheets, cloths or undergarments when in the presence of an employee or licensed massage therapist. F. It shall be unlawful for any person in a massage establishment, to place his or her hand upon, or to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital area of any other person. G. No licensed massage therapist, employee or operator shall perform, offer, or agree to perform any act which would require the touching of a patron's sexual or genital area. H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartment, and toilet rooms shall be thoroughly cleaned after each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry. I. Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers, and/or cabinets and shall be dispensed in unit doses so said bulk containers are not contaminated between clients. J. Eating and/or drinking in the massage work areas shall not be permitted. Animals, except for "service animals" as defined in the Americans with Disabilities Act (ADA), shall not be permitted in the massage work areas. K. No licensed massage therapist shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption unless a physician duly licensed by the state certifies in writing that such person may be safely massaged, prescribing the conditions thereof. L. Each licensed massage therapist shall wash his or her hands in hot running water, using a proper soap disinfectant before administering a massage to each patron. M. Massage may be practiced only by a licensed massage therapist licensed in conformance with the provisions of the Illinois Massage Licensing Act (225 1LCS 57/1, et seq.) and only for the purpose of physical fitness, relaxation, or medical therapy. The practice of massage for any other purpose is prohibited. N. The hours of operation for massage establishments shall be limited to between 6:00 a.m, and 9:00 p.m. 0. The doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side, P. Every massage establishment shall have a manager on duty on the premises, during all hours of operation, who shall be familiar with and responsible for compliance with all of the provisions of this article. Q. Each massage establishment shall have at least one person who has a valid massage therapist license on the premises at all times the establishment is open for massage therapy activities. R. A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a massage therapy establishment. The sign must comply with all applicable Village regulations. S. Records of treatment: All massage establishments and out -call massage services shall maintain a client registration file, which shall include the following information: 1. First, middle and last name of the client; 2. Signature of the client; 3. Complete address of the client; 4. Date and time of the treatment; 5. First, middle and last name of the massage therapist who administered the massage therapy; and 6. If massage administered as an out -call service, the address of the location where the service was administered. These records shall be used only to ensure and enforce compliance with this Chapter and other applicable laws and shall be otherwise confidential. Said records shall be open to inspection by Village of Morton Grove officials charged with the enforcement of these provisions. These records shall be kept for a period of two (2) years. 4-6J-14: OUT -CALL MASSAGE SERVICE AND REGISTRATION: A licensed massage therapist may provide any of the services listed in this Chapter only at a permanent residence or place of business, but not a place of business that is in the business of providing temporary residence, such as a hotel or motel. No "out -call massage service" may be operated other than by a licensed massage therapist. All massages performed by an "out -call massage service" must be performed in the manner prescribed in this Chapter, where applicable. 4-6J-15: INSPECTION OF MASSAGE ESTABLISHMENTS: The Village Administrator or his/her designee, is authorized to inspect each massage establishment granted a license under the provision of this Chapter for the purposes of determining the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner, It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. 4-6J-16: EMPLOYMENT AGE RESTRICTIONS: It shall be unlawful for any owner, operator, manager, or other person in charge of any massage establishment to employ any person in the massage establishment who is not at least twenty-one (21) years of age, with the exception of any licensed massage therapist whose age is regulated by the Illinois Massage Licensing Act. Proof of age shall be established by one or more of the following: A. A current motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; B. A valid identification card issued by the State of Illinois which bears the applicant's photograph and date of birth; C. a current passport. 4-6J-17: DISPLAY AND TRANSFER OF LICENSE: Every licensee shall display a valid license for the establishment and for any massage therapist employed by the massage establishment in a conspicuous place within the massage establishment so the same may be readily seen by persons entering the premises. No license for the operation of a massage establishment issued pursuant to the provisions of this Chapter shall be transferable from one person or entity to another person or entity. Upon the sale or transfer of an interest greater than fifty percent (50%) in a massage business, a license shall become null and void. A new application shall be made by any person desiring to operate or maintain the establishment and shall include a release of interest statement from the previous licensee and a signed lease or rental agreement for the establishment. 4 -6J -1S: this EXEMPTIONS: Except as specifically provided otherwise in this Chapter, Chapter shall not apply to other units of government, hospitals, nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state or persons working under the direction of any such persons or in any such establishments; nor shall this Chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state; nor shall this Chapter apply to "out -call massage" of fully clothed clientele. 4-6J-19: PUBLIC NUISANCE: Any building used as a massage establishment in violation of this Chapter with the intentional knowing, reckless, or negligent permission of the owner thereof, or the agent of the owner managing the building or any building used as a massage establishment in violation of this Chapter on two or more occasions, together with all fixtures and other property used in violation of this Chapter are hereby declared to be a nuisance. SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 12th day of December 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 12th day of December 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 13th day of December 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 16-69 AUTHORIZING A CONTRACTUAL AGREEMENT WITH KLEIN, THORPE & JENKINS, LTD FOR LEGAL SERVICES RELATING TO A LONG-TERM WATER SUPPLY AGREEMENT FOR THE VILLAGES OF MORTON GROVE AND NILES Introduced: Synopsis: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: Prepared by: November 28, 2016 This Resolution will authorize an agreement with Klein, Thorpe & Jenkins, Ltd to act as Special Legal Counsel concerning the development and possible implementation of a long-term water supply agreement for the Villages of Morton Grove and Niles. Due to recent substantial rate hikes from the City of Chicago, in 2013 the Villages began working in collaboration to determine whether either or both communities could purchase water from an alternative source at a more favorable rate. The Villages have received a proposal to purchase water from the City of Evanston which presents immediate and long term savings and stable, ascertainable rates over a 60 -year period. Special counsel is needed to assist the Villages of Morton Grove and Niles in the analysis, negotiations and drafting of a long term water supply agreement with the city of Evanston and related issues. The Village Administrator and Corporation Counsel of Morton Grove and the Village Manager and Corporation Counsel of Niles have recommended the Village retain the services of Klein Thorpe and Jenkins, Ltd. as special counsel to assist the Villages in the negotiation and drafting of a long term water supply agreement with the city of Evanston as well as other legal services related to this project. The costs for these services shall be paid equally by the Villages of Morton Grove and Niles. Legal, Administration, and Finance Departments Klein, Thorpe & Jenkins, Ltd's fee will be based on amount of work performed. The fee will be equally paid by the Villages of Morton Grove and Niles. Corporation Counsel as part of her normal work activities will oversee the implementation of the contact and possible subsequent agreement. Approval as presented. Not required. None zerwinski, Villa Administrator Teresa Hofftn , Corporation Counsel RESOLUTION 16-69 AUTHORIZING A CONTRACTUAL AGREEMENT WITH KLEIN THORPE AND JENKINS, LTD FOR LEGAL SERVICES RELATING TO A LONG-TERM WATER SUPPLY AGREEMENT FOR THE VILLAGES OF MORTON GROVE AND NILES, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, for many decades, the Villages of Morton Grove and Niles have purchased water from the City of Chicago. Due to recent substantial rate hikes from the City of Chicago, in 2013 the Villages began working in collaboration to determine whether either or both communities could purchase water from an alternative source at a more favorable rate; and WHEREAS, the Villages have received a proposal to purchase water from the City of Evanston which presents immediate and long terns savings and stable, ascertainable rates over a 60 -year period; and WHEREAS, due to the technical and specialized nature of water supply contracts, it is in the best interest of the Village to retain special counsel to assist the Villages of Morton Grove and Niles in the analysis, negotiations and drafting of a water supply agreement and related issues should the Village pursue a contract; and WHEREAS, the Village Administrator and Corporation Counsel of Morton Grove and the Village Manager and Corporation Counsel of Niles have recommended the Village retain the services of Klein Thorpe And Jenkins, Ltd. as special counsel for to assist the Villages in the negotiation and drafting of a Iong term water supply agreement with the city of Evanston as well as other legal services related to this project. The costs for these services shall be paid equally by the Villages of Morton Grove and Niles. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute an agreement with Klein Thorpe And Jenkins, Ltd. for the joint legal representation of Morton Grove and Niles for services related to establishing an alternative water supply from the city of Evanston and related issues in substantial conformity to Exhibit "A" attached hereto. SECTION 3: The Village Administrator, Corporation Counsel and/or his/her designee are hereby authorized to take all steps necessary to implement said contract. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 28th day of November 2016. Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED by me this 28th day of November 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 29th day of November 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois KLEIN, THORPE & JENKINS, LTD. Attorneys at Law Mr. Ralph Czerwinski Village Administrator Village of Morton Grove 6101 North Capulina Avenue Morton Grove, Illinois 60053 20 N. Wacker Drive, Ste 1660 Chicago, Illinois 60606-2903 T 312 984 6400 F 312 984 6444 DD 312 984 6432 mtju ru si k@ ktj law,com November 8, 2016 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462-5353 T 708 349 3888 F 708 349 1506 www.ktjlaw.com Mr. Steven Vinezeano Village Manager Village of Niles 1000 Civic Center Drive Niles, Illinois 60714 Re: Joint Engagement Letter with the Village of Morton Grove and the Village of Niles Dear Mr. Czerwinski and Mr. Vinezeano: You have requested that Klein, Thorpe and Jenkins, Ltd. ("KTJ") represent the Village of Morton Grove and the Village of Niles (collectively, the "Villages") in connection with: (1) the review, discussion, drafting and negotiation of an agreement and other documents necessary to enable the Villages to obtain a supply of Lake Michigan water from one or more Illinois municipalities, including but not limited to the City of Evanston or the Village of Skokie; (2) the preparation of related intergovernmental agreements to enable the Villages to design, construct and install necessary common improvements for the transmission of Lake Michigan water; (3) advice regarding alternatives for intergovernmental cooperation between the Villages, including the possible creation of a new intergovernmental water supply entity; and (4) other related matters as assigned (collectively, the "Project"). The purpose of this letter is to confirm our engagement as counsel by both Villages, and to provide you certain information concerning our fees, billing and collection policies, and other terms that will govern our relationship. Although we do not wish to be overly formal in our relationship with you, we have found it a helpful practice to confirm with our clients the nature and terms of our representation. Attached to this letter are KTJ's standard terms of engagement for local government representation. Please review these and let me know if you have any questions concerning our policies. Because the Villages are subject to the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1, et seq., we do not require an advance fee deposit for our services. You have advised that you will each be responsible to pay one-half of the cost for our services, and have requested that we provide all billing information to both Villages. Both Villages will be jointly and severally liable in the event that one Village fails to pay. Our services will be provided based upon our standard "local government" hourly rates. The current local governmental rates are set forth in Exhibit "A" to this letter. These rates are ordinarily reviewed and adjusted in January of each year. 371593_1 In order to represent both Villages, rigorous ethical requirements must be met. Joint representation of multiple clients, which is ordinarily a conflict of interest, is allowed if the lawyer reasonably believes the representation of the clients will not be adversely affected, and the clients consent after disclosure, including explanation of the implications of the common representation and the advantages and risks involved. Based on the information you have provided, we have concluded that KTJ can represent both Villages in the Project. However, please consider the following: 1. Although the law is not settled, it is our opinion that any information disclosed by you to us in connection with the joint representation will not be protected by the lawyer -client privilege in a subsequent legal proceeding brought by one of you against the other involving this representation. Moreover, we believe we cannot effectively represent both Villages if information disclosed to us by one of the Villages must be preserved in confidence from the other. Accordingly, in the course of this representation, we will disclose to both of you all information we receive from either of you relating to the Project. Therefore, if KTJ is to represent all of you in connection with the Project, it will only be with the express understanding that each of you has waived the lawyer -client privilege to the extent, but only to the extent, that the privilege might otherwise require us to preserve in confidence information disclosed to us by one of you from another of you, either in the course of this representation or in connection with any subsequent legal proceeding brought by one of you against the other involving this representation. 2. At this time, there does not appear to be any difference of opinion between the Villages with respect to the legal issues involved in the Project, your rights and obligations in the matter, or the most effective strategy of dealing with the legal issues presented. However, should material differences develop between you in the future that cannot be amicably resolved between you, or that KTJ concludes cannot be resolved on terms compatible with the best interests of both of you, then you agree that the firm must at that time withdraw from the representation of both of you on the Project without breaching any obligation to you. Should this occur, we will assist each of you in obtaining new counsel if you wish. You would, of course, continue to be responsible for payment of all KTJ's accrued legal fees and expenses advanced on your behalf. In addition to these considerations relating to the proposed joint representation, there is also a potential conflict of interest under the Rules of Professional Conduct with respect to our representation of each of your Villages as special counsel. In particular, we currently represent Morton Grove in connection with general municipal law matters, business license and code enforcement matters and tax increment financing and redevelopment matters and we represent Niles from time to time on special projects relating to particular issues, most recently regarding referenda involving public officials of Niles. We do not expect any of these representations to have any detrimental impact on our representation of your two Villages. In order for KTJ to undertake this joint representation, it will also require each of the Villages to agree that KTJ's service as counsel in this joint representation for the Project will not be asserted as a conflict of interest with respect to any representations that KTJ may provide to the other Village. In the event that litigation develops between the Village of Morton Grove and the Village of Niles regarding the Project, each client will retain separate and independent counsel outside KTJ to handle pre -litigation and litigation work, and KTJ will not represent either Village in such a situation. 371593_1 2 Obviously, each of you has the right to obtain separate legal counsel. However, it is KTJ's understanding, notwithstanding the considerations set forth above, that you wish KTJ to represent both of you jointly in connection with the Project and subject to the waiver discussed above. If the terms described above and in the attached Terms of Engagement are satisfactory, and you are willing to consent to KTJ's joint representation, waive any right to object to a conflict of interest, and accept the limitations on our professional responsibilities to you, all based on the disclosures and conditions set forth in this letter, please so indicate in the space provided below, and return one copy of this letter to me by mail, with a copy by electronic mail. Thank you for retaining Klein, Thorpe and Jenkins, Ltd., and we look forward to working with you to bring these matters to a successful conclusion. If there are any questions, please feel free to contact me. Very truly yours, KLEIN, THORPE AND JENKINS, LTD. Michael T. Jurusik cc: Teresa Liston, Village Attorney, Village of Morton Grove Danielle Grcic, Village Attorney, Village of Niles CONSENT TO JOINT REPRESENTATION The Village of Morton Grove and the Village of Niles consent to Klein, Thorpe and Jenkins, Ltd.'s joint representation in the Project on the terms and conditions set forth in this letter. VILLAGE OF ra ORTON GROVE VILLAGE OF NILES By: By: Its: Its: Date: Date: 371593_1 3 KLEIN, THORPE NO JENKINS, LTD. TERMS OF ENGAGEMENT We appreciate your decision to retain Klein, Thorpe and Jenkins, Ltd. ("KTJ"j as your special legal counsel. This document explains how we work, our obligations to you, your obligations to us, what we will do on your behalf, and how our charges will be determined and billed. Experience has shown that an understanding of these matters will contribute to a better relationship between us, and that in turn makes our efforts more productive. Our engagement and the services that we will provide to you are limited to the matter identified in the accompanying letter. Any changes in the scope of our representation, as described in the letter, must be approved in writing. We will provide services of a strictly legal nature related to the matters described in that letter. You will provide us with the factual information and materials we require to perform the services identified in the letter, and you will make such business or technical decisions and determinations as are appropriate. You will not rely on us for business, investment or accounting decisions, or expect us to investigate the character or credit of persons or entities with whom you may be dealing, unless otherwise specified in the letter. We cannot guarantee the outcome of any matter. Any expression of our professional judgment regarding your matter or the potential outcome is, of course, limited by our knowledge of the facts and based on the law at the time of expression. it is also subject to any unknown or uncertain factors or conditions beyond our control. Confidentiality and Related Matters Regarding the ethics of our profession that will govern our representation, several points deserve emphasis. As a matter of professional responsibility, we are required to hold confidential all information relating to the representation of our clients, subject to certain exceptions that we will discuss with you. This professional obligation and the legal privilege for attorney-client communications exist to encourage candid and complete communication between a client and his lawyer. We can perform truly beneficial services for a client only if we are aware of all information that might be relevant to our representation. Consequently, we trust that our attorney-client relationship with you will be based on mutual confidence and unrestrained communication that will facilitate our proper representation of you. Additionally, you should be aware that, in instances in which we represent a corporation, government or other entity, our client relationship is with the entity and not with its individual executives, shareholders, directors, members, managers, partners, elected or appointed officials, or persons in similar positions, or with its parent, subsidiaries or other affiliates. In those cases, our professional responsibilities are owed only to that entity, alone, and no conflict of interest will be asserted by you because we represent persons with respect to interests that are adverse to individual persons or business organizations who have a relationship with you. That is to say, unless the letter accompanying this document indicates otherwise, KTJ's attorney-client relationship with the entity does not give rise to an attorney-client relationship with the parent, subsidiaries or other affiliates of the entity, and representation of the entity in this matter will not give rise to any conflict of interest in the event other clients of the firm are 371593_1 4 adverse to the parent, subsidiaries or other affiliates of the entity. Of course, we can also represent individual executives, shareholders, directors, members, managers, partners, elected or appointed officials, and other persons related to the entity in matters that do not conflict with the interests of the entity, but any such representation will be the subject of a separate engagement letter. Similarly, when we represent a party on an insured claim, we represent the insured, not the insurer, even though we may be approved, selected or paid by the insurer. Of course, as a governmental entity, the Villages are subject to various "sunshine" laws, such as the Freedom Of Information Act and the Open Meetings Act, which require certain information and activities to be accessible to the public. To the extent that we obtain any information from either of the Villages or their officers, officials and employees that is not subject to disclosure under applicable laws or that is not otherwise obtained in a public forum, we will treat such matters as confidential. On the other hand, if we obtain information in the course of our representation of the Villages and such information would be obtainable under applicable law by members of the public, such information would not be confidential and could be disclosed to others. We will, of course, adhere to these same information disclosure principles with our other governmental and private sector clients. KTJ attempts to achieve efficiencies and savings for its clients by managing the firm's administrative operations (e.g., file storage, document duplication, word processing, accounting/billing) in the most efficient manner possible, including outsourcing certain functions to third parties. Outsourcing in this manner may require KTJ to allow access by third parties to your confidential information, and, in some cases, these third parties may be located outside of the United States. KTJ will follow applicable legal ethics rules with regard to such outsourcing and protection of confidential information. Fees and Billing Clients frequently ask us to estimate the fees and other charges they are likely to incur in connection with a particular matter. We are pleased to respond to such requests whenever possible with an estimate based on our professional judgment. This estimate always carries the understanding that, unless we agree otherwise in writing, it does not represent a maximum, minimum or fixed fee quotation. The ultimate cost frequently is more or less than the amount estimated. Legal Fees We encourage flexibility in determining billing arrangements. For example, we often agree with our clients to perform services on a fixed -fee or other basis that we and the client believe will encourage efficiency and reflect the value of our services in relation to a particular objective. If you and we have agreed on a fixed fee arrangement, our fees will not be limited to the fixed amount if you fail to make a complete and accurate disclosure of information that we have requested and that we reasonably require for our work, or if you materially change the terms, conditions, scope or nature of the work, as described by you when we determined the fixed amount. If any of these events occurs, our fees will be based upon the other factors described below, unless you and we agree on a revised fixed fee. If the accompanying engagement letter does not provide for a fixed fee, or if we do not otherwise confirm to you in writing a fee arrangement, our fees for services will be determined as described in the following paragraphs. 371593_1 5 When establishing fees for services that we render, we are guided primarily by the time and labor required, although we also consider other appropriate factors, such as the novelty and difficulty of the legal issues involved; the legal skill required to perform the particular assignment; time -saving use of resources (including research, analysis, data and documentation) that we have previously developed and stored electronically or otherwise in quickly retrievable form; the fee customarily charged by comparable firms for similar legal services; the amount of money involved or at risk and the results obtained; and the time constraints imposed by either you or the circumstances. In determining a reasonable fee for the time and labor required for a particular matter, we consider the ability, experience and reputation of the lawyer or lawyers in our firm who perform the services. To facilitate this determination, we internally assign to each lawyer an hourly rate based on these factors. Of course, our internal hourly rates change periodically to account for increases in our cost of delivering legal services, other economic factors, and the augmentation of a particular lawyer's ability, experience and reputation. Any such changes in hourly rates are applied prospectively after written notice of such change in hourly rates. We record and bill our time in one-tenth hour (six minute) increments. When selecting lawyers to perform services for you, we generally seek to assign lawyers having the lowest hourly rates consistent with the skills, time demands and other factors influencing the professional responsibility involved in each matter. That does not mean that we will always assign a lawyer with a lower hourly rate than other lawyers. As circumstances require, the services of lawyers in the firm with special skills or experience may be sought when that will either (a) reduce the legal expense to you, (b) provide a specialized legal skill needed, or (c) help move the matter forward more quickly. Disbursements In addition to legal fees, our statements will include out-of-pocket expenses that we have advanced on your behalf. Advanced expenses generally will include, but are not limited to, such items as travel, postage, filing, recording, certification and registration fees charged by governmental bodies. Our out-of-pocket expenses typically include, but are not limited to, such items as overnight courier services, certain charges for terminal time for computer research and complex document production, and charges for photocopying materials sent to the client or third parties or required for our use. We may request an advance cost deposit when we expect that we will be required to incur substantial costs on behalf of the client. During the course of our representation, it may be appropriate to hire third parties to provide services on your behalf. These services may include such things as consulting or testifying experts, investigators, providers of computerized litigation support, and court reporters. Because of the legal "work product" protection afforded to services that an attorney requests from third parties, in certain situations our firm may assume responsibility for retaining the appropriate service providers. Even if we do so, however, you will be responsible for paying all fees and expenses directly to the service providers or reimbursing us for these expenses. KTJ attempts to achieve efficiencies and savings for its clients when dealing with independent contractors. KTJ may be able to obtain a reduced charge from the contractor if the firm provides certain functions, such as billing, collection, equipment, space, facilities or clerical 371593_1 6 help. For these administrative and coordination services, KTJ may charge an administrative fee, which will be separately disclosed to you. Billing We bill periodically throughout the engagement for a particular matter, and our periodic statements are due when rendered. If our fees are based primarily on the amount of our time devoted to the matter, our statements will be rendered monthly. In instances in which we represent more than one person with respect to a matter, each person that we represent is jointly and severally liable for our fees and expenses with respect to the representation. Our statements contain a concise summary of each matter for which legal services are rendered and a fee is charged. If a statement remains unpaid for more than thirty (30) days, you will be contacted by a KTJ representative inquiring why it is unpaid. Additionally, if a statement has not been paid within thirty (30) days from its date, KTJ may impose an interest charge consistent with the Local Government Prompt Payment Act, as amended, or one percent (1.0%) per month (a twelve percent (12%) annual percentage rate), whichever is Tess, from the 30th day after the date of the statement until it is paid in full. Interest charges apply to specific monthly statements on an individual statement basis. Any payments made on past due statements are applied first to the oldest outstanding statement. it is KTJ's policy that if an invoice remains unpaid for more than ninety (90) days, absent extraordinary circumstances and subject to legal ethics constraints, KTJ's representation will cease, and you hereby authorize us to withdraw from all representation of you. Any unapplied deposits will be applied to outstanding balances. Generally, KTJ will not recommence its representation or accept new work from you until your account is brought current and a new deposit for fees and costs, in an amount that KTJ determines, is paid to it. In addition, if you do not pay KTJ's statements as they become due, the firm may require a substantial partial payment and delivery of an interest-bearing promissory note as part of any arrangement under which it may, in its discretion, agree to continue its representation. Any such promissory note will serve merely as evidence of your obligation, and shall not be regarded as payment. If allowed by applicable law, KTJ is entitled to reasonable attorneys' fees and court costs if collection activities are necessary. In addition, KTJ shall have all general, possessory or retaining liens, and all special or charging liens, recognized by law. Payment of our fees and costs is not contingent on the ultimate outcome of our representation, unless we have expressly agreed in writing to a contingent fee. Maestioras About Our lulls We invite you to discuss freely with us any questions that you have concerning a fee charged for any matter. We want our clients to be satisfied with both the quality of our services and the reasonableness of the fees that we charge for those services. We will attempt to provide as much billing information as you require and in such customary form that you desire, and are willing to discuss with you any of the various billing formats we have available that best suits your needs. 371593_1 7 Relationships with Other Clients Because we are a full-service law firm, we may be (and at times are) asked to represent a client with respect to interests that are adverse to those of another client who is represented by KTJ in connection with another matter. Just as you would not wish to be prevented in an appropriate situation from retaining a law firm that competes with KTJ, our firm wishes to be able to consider the representation of other persons or entities that may be competitors in your industry or who may have interests that are adverse to yours, but with respect to matters that are unrelated in any way to our representation of you. The ethics that govern us permit us to accept such multiple representations, assuming certain conditions are met, as set forth below. During the term of this engagement, we will not accept representation of another client to pursue interests that are directly adverse to your interests unless and until we make full disclosure to you of all the relevant facts, circumstances and implications of our undertaking the two representations, and confirm to you in good faith that we have done so and that the following criteria are met: (i) there is no substantial relationship between any matter in which we are representing or have represented you and the matter for the other client; (ii) any confidential information that we have received from you will not be available to the lawyers and other KTJ personnel involved in the representation of the other client; (iii) our effective representation of you and the discharge of our professional responsibilities to you will not be prejudiced by our representation of the other client; and (iv) the other client has also consented in writing based on our full disclosure of the relevant facts, circumstances and implications of our undertaking the two representations. If the foregoing conditions are satisfied, we may undertake the adverse representation and all conflict issues will be deemed to have been resolved or waived by you. By making this agreement, we are establishing the criteria that will govern the exercise of your right under applicable ethical rules to object to our representation of another client whose interests are adverse to yours. If you contest in good faith the facts underlying our confirmation to you that the specified criteria have been met, then we will have the burden of reasonably supporting those facts. Knowledge Management Tool In order to better and more economically serve our clients, we have implemented a document search engine that will allow us to search KTJ's institutional work product to determine whether there exist documents created for one client that can be used as a starting point for the preparation of new documents for other clients. Documents that are subject to ethics wall restrictions, have extraordinary confidentiality requirements, or contain sensitive client information will not be included in this system. Termination Upon completion of the matter to which this representation applies, or upon earlier termination of our relationship, the attomey-client relationship will end unless you and we have expressly agreed to a continuation with respect to other matters. We hope, of course, that such a continuation will be the case. The representation is terminable at will by either of us. The termination of the representation wilt not terminate your obligation to pay fees and expenses incurred prior to the termination and for any services rendered or disbursements required to implement the transition to new counsel. 371593_1 8 Your agreement to this engagement constitutes your acceptance of the foregoing terms and conditions. If any of them is unacceptable to you, please advise us now so that we can resolve any differences and proceed with a clear, complete and consistent understanding of our relationship. 371593_1 9 Exhibit f6A" Billing Rates Please be advised that the billing rates for all Special Counsel Services that my firm provides to the Village of Morton Grove and the Village of Niles will be as follows: A. GENERAL LEGAL SERVICES: $205.00 per hour for partner's time $195.00 per hour for senior associate's time $185.00 per hour for associate's time $155.00 per hour for senior paralegal's time $145.00 per hour for paralegal's time $125.00 per hour for law clerk's time $ 85.00 per hour for paralegal/clerk time E. LITIGATION AND APPEALS: $205.00 per hour for partner's time $195.00 per hour for senior associate's time $185.00 per hour for associate's time C. EMPLOYMENT 1 COLLECTIVE BARGAINING SERVICES: $225.00 per hour for partner's time $205.00 per hour for senior associate's time $185.00 per hour for associate's time D. INTERGOVERNMENTAL AGREEMENT NEGOTIATION SERVICES: $225.00 per hour for partner's time $205.00 per hour for senior associate's time $185.00 per hour for associate's time E. SPECIAL PROJECT WORK (e.g., work in relation to which the fee is reimbursable to the Village from a third party): $240.00 per hour for partner's time $220.00 per hour for senior associate's time $200.00 per hour for associate's time F. DEET ISSUANCE WORK: To be negotiated based on the complexity of the financing and whether an opinion is required relative to the debt issuance, but not Tess than the greater of twenty-five hundredths of a percent (0.25%) of the amount of the debt issue or $1,500.00. 371593_1 10 G. SPECIAL ASSESSI ENTS: Four percent (4%) of the estimated cost of construction, plus property acquisition costs and actual out-of-pocket costs; which are built into the special assessment project costs (the same fee since 1999). H. SPECIAL SERVICE AREAS: Two percent (2%) of the estimated cost of construction or the general services hourly rate fee, whichever is greater; which is built into the special service area project costs (the same fee since 1999). I. TAX INCREMENT FINANCING DISTRICTS: $240.00 per hour for partner's time $220.00 per hour for senior associate's time $200.00 per hour for associate's time J. MISCELLANEOUS EXPENSES: Miscellaneous expenses incurred Copying - Printing - Delivery - Filing fees - iViiieage - Computer research - Secretarial - Facsimile - 371593_1 11 are billed as follows: 20¢ per page actuai cost actual cost actual cost not charged actual cost not charged not charged Le2isiative Summary Resolution 16-70 GUARANTEE OF MUNICIPAL WORK PERFORMED ON STATE OF ILLINOIS RIGHT-OF-WAY WITHIN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Innpact: Admin Recommendations: Second Reading: November 28, 2016 To provide a guarantee to the State of Illinois that all work performed by the Village within the State's right-of-ways in 2017 and 2018 will conform to the conditions on the permit granted by the Illinois Department of Transportation (IDOT); to hold harmless the State of Illinois while performing permitted work; increase efficiency in performing work and reducing the cost of work when performing repairs or improvements on the various elements of Village -owned infrastructure including, but not limited to, water mains, sewers, street lighting, traffic signals, sidewalks, landscaping trees and signage.to assume all liability for damages pertaining to the performance of the work; and authorize the Village Administrator, Director of Public Works, and Village Engineer to sign IDOT working permits on behalf of the Village. This is a routine guarantee provided by many municipalities. IDOT requires a permit and financial security (highway bond) for work performed within their right-of-ways. This is similar to the Village's permit process for work performed within the Village's own right-of- ways. Municipalities have an option of providing the financial security for each repair or may provide a guarantee for all work performed by the Village within the State's rights-of- way will conform to their requirements of the performance for the work. Providing this guarantee will eliminate the time and cost of procuring a bond for each permit. Public Works Department There is no cost associated with this guarantee. N/A The Public Works Department will forward the guarantee to IDOT for their records. Approval as presented. N/A Special Considerations or N/A Requirements: Respectfully Prepared by: submitted: / Ra +h E. Czerwinsk Rev'}‹by: illage Administrator \ \ Reviewed by: Teresa Hoffman i�i ti, Corporation Counsel Chris Tomich, Village Engineer DeMont .. Director Public Works RESOLUTION 16-70 GUARANTEE OF MUNICIPAL WORK PERFORMED ON STATE OF ILLINOIS RIGHT-OF-WAY WITHIN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village desires to undertake in calendar years 2017 and 2018, the location, construction, operation, and maintenance of water mains, sewers, street lighting, traffic signals, sidewalks, landscaping, trees, and signage on State highways within the Village which, by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as Department; and WHEREAS, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the Village or any private person or firm under contract and supervision of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village hereby pledges its good faith and guarantees all work shall be performed in accordance with the conditions of the permit to be granted by the Department, and to hold the State of Illinois harmless during the prosecution of such work, and assume all liability for damages to a person's property due to accidents or otherwise by reason of the work which is to be performed under the provision of said permit. SECTION 3: The Village Administrator, Director of Public Works, and Village Engineer of the Village are hereby instructed and authorized to sign said working permit on behalf of the Village. SECTION 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 28th DAY OF NOVEMBER 2016 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 28th DAY OF NOVEMBER 2016 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and. FILED in my office This 29th DAY OF NOVEMBER 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois 1 I Letislative Summary Resolution 16-71 AUTHORIZING THE EXECUTION OF A TASK ORDER WITH CIORBA GROUP, INC. FOR DESIGN ENGINEERING SERVICES FOR 2017 STREET IMPROVEMENT PROGRAM Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: Prepared by: November 28, 2016 To authorize the Village Engineer to execute a task order with Ciorba Group, Inc. for design engineering services for the 2017 Street Improvement Program. The Village intends to rehabilitate asphalt streets as part of the 2017 Street Improvement Program in order to maintain the serviceability of the Village's pavement inventory. The scope of the 2017 program exceeds the capacity of Village staff to provide design engineering because other large, high-priority projects will consume staff time. Resolution 15-66, approved on October 26, 2015, authorized staff to negotiate a task order contract with Ciorba Group, Inc. for professional engineering services. Ciorba Group, Inc. has satisfactorily prepared contract plans for Village projects like this in the past, most recently in 2012. The work to prepare contract documents for the 2017 Street Improvement Program needs to begin as soon as possible in order to meet the goal of the Village to bid this project during the winter months. The 2017 Street Improvement Program intends to include rehabilitating Narragansett Avenue from Hennings Court to Dempster Street, constructing diagonal on -street parking areas on the east side of Major Avenue and on the west side of Parkside Avenue both just north of Dempster Street, and resurfacing asphalt streets with a target length of 2.5 miles. Public Works. $58,167.45 2016 and 2017 Capital Projects Fund Account 305060-552140 and Lehigh -Ferris TIF Fund Account Number 151079-571029. The management and supervision of this contract will be performed by the Engineering Division of Public Works as part of their normal operations. Approval as presented. N/A None Ra +h E. Czerwinski, evie illage Administrator Chris Tomich, Village Engineer Reviewed by: irector Public Works Teresa Hoff ston, Corporation Counsel RESOLUTION 16-71 AUTHORIZATION TO EXECUTE A TASK ORDER WITH CIORBA GROUP, INC. FOR DESIGN ENGINEERING SERVICES FOR 2017 STREET IMPROVEMENT PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and. WHEREAS, the Village intends to rehabilitate asphalt streets as part of the 2017 Street Improvement Program in order to maintain the serviceability of the Village's pavement inventory; and WHEREAS, the scope of the 2017 program exceeds the capacity of Village staff to provide design engineering because other large, high-priority projects will consume staff time; and WHEREAS, Resolution 15-66, approved on October 26, 2015, authorized staff to negotiate a task order contract with Ciorba Group, Inc. for professional engineering services; and WHEREAS, Ciorba Group, Inc. has satisfactorily prepared contract plans for Village projects like this in the past, most recently in 2012; and WHEREAS, the work to prepare contract documents for the 2017 Street Improvement Program needs to begin as soon as possible in order to meet the goal of the Village to bid this project during the winter months; and WHEREAS, the 2017 Street Improvement Program intends to include rehabilitating Narragansett Avenue from Hennings Court to Dempster Street, constructing a diagonal on -street parking area on the east side of Major Avenue just north of Dempster Street, constructing a diagonal on -street parking area on the west side of Parkside Avenue just north of Dempster Street, and resurfacing asphalt streets with a target length of 2.5 miles; and WHEREAS, Village staff negotiated the scope of work with Ciorba Group, Inc. valued at $58,167.45 to provide design engineering services for 2017 Street Improvement Program; and WHEREAS, there are sufficient funds remaining in the 2016 Adopted Budget Capital Projects Fund to begin the design work in 2016; and WHEREAS, the 2017 Draft Budget contains an allocation of $60,000 to complete the street improvements in the Capital Projects Fund Account Number 305060-552140 and $4,986,000 to complete various, undefined projects within the Lehigh -Ferris TIF Subarea in Lehigh -Ferris TIF Fund Account Number 151079-571029. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. Section 2. The Corporate Authorities hereby authorize the Village Engineer to execute a task order for Ciorba Group, Inc. to complete design engineering for "2017 Street Improvement Program" in the not - to -exceed amount of $58,167.45. Section 3. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 28th DAY OF NOVEMBER 2016 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 28th DAY OF NOVEMBER 20I6 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 29th DAY OF NOVEMBER 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" Village of Morton Grove Attachment C TASK ORDER #7 In accordance with Article 35 of the Consulting Services Contract dated 11/1/2015 ("Contract") between the Village of Morton Grove ("VILLAGE") and Ciorba Group, Inc. ("CONSULTANT"), the CONSULTANT is authorized by the VILLLAGE to perform the following task order as follows: 1 Contracted Services: Prepare design plans for 2017 Street Improvement Program according to the following scope of services 2 Time of Performance (attach schedule if appropriate): November 29, 2016 through February 28, 2017 3 CONSULTANT's Compensation: Not to exceed $58,167.45 All other terms and conditions remain unchanged. VILLAGE CONSULTANT Signature Signature Village Engineer President Date Date Form Revision', 416/11 1 of 1 Attachment 3 Issued: 11/18/2016 ExhilAt "A" ATTACHMENT A VILLAGE OF MORTON GROVE NARRAGANSETT AVENUE RECONSTRUCTION SCOPE OF SERVICES Ciorba Group, Inc. will provide the Phase II design engineering for the reconstruction of Narragansett Avenue from the beginning of the radius return on Dempster Street to south of Hennings Court. The anticipated length of reconstruction will not exceed 450 feet. The improvements will provide one southbound lane and 45 degree diagonal parking on the west side of Narragansett Avenue. Improvements on Dempster Street will be isolated to ADA ramp improvements. Narragansett Avenue will be stage constructed maintaining one southbound lane of traffic. The project will use TIF Funds for construction so all the contract documents will be prepared and submitted to the Village only for review and approval. IDOT Permit Section will review and issue permit for the work at Dempster Street. It is anticipated that the sanitary sewer and water main are in satisfactory condition and will not require replacement or repairs. The plans will be submitted to the Village at the 90% and Final PS&E milestones. Geotechnical investigations are not included. 1. Coordination & Data Collection • Coordination with the Village during PS&E preparation. • Obtain utility atlases. • Coordination with utilities to resolve potential utility conflicts • Perform plan -in -hand field review. 2. Topographic Survey • Complete a topographic survey of Narragansett Avenue to supplement the survey completed during the Site! and J project. • Process survey data and prepare base sheets. 3. Drainage Plans • Perform storm sewer design. • Prepare drainage plan and profile sheets (1"=20') • Prepare Erosion and Sediment Control Plans. (1"=20') • Obtain MWRD and IDOT Permits C1ORBA GROUP : Consul; ,g Eng. -1:; E ftriliUN "A" 4. Roadway Plans • Plans: - Cover sheet with an index and key map General Notes, Index of Sheets and Highway Standards Summary of Quantities Existing and Proposed Typical Sections - Alignment, Ties and Benchmarks Maintenance of Traffic Plan including general notes, staging descriptions and staging typical sections. Proposed Plan and Profile Sheet (1"=20') Removal Sheet/Existing Conditions (1"=201) Pavement Marking and Signing Plan (1"=20') Construction Details ADA Ramp Details at Dempster Street only - Cross Sections • Quantity Calculations. • Specifications and Contract Documents. IDOT Highway Standards will be included in the specifications only. • Engineers Estimate of Probable Construction Costs. 5. Quality Assurance/Quality Control • Complete in accordance with Ciorba's standard QC/QA plan. 6. Protect Management & Administration • Work tasks to include project set up, scope of work reviews, scheduling, budget control, staff planning, contract administration, invoicing and project post mortem. Deliverables for each milestone submittal is 3 sets of 11" x 17" plans and cost estimates. The Final PS&E submittal will include a CD of all CADD files and a PDF file of the contract documents. MicroStation will be used to perform all CADD. The project schedule is as follows: Milestone Date 90% Submittal TBD Final PS&E TBD CIORBR GROUP C:ins.1NinC E, iew Tillage of Morton Grove Narragansett Avenue Reconstruction ti H �, w a f N - Q Grand Total ii m c i £ 4 g o c n w E d N Project Engineer - ` W e A —t ` 10 T w c— 1 u t Q U r f9 Engineering Technician 11 I e w Y c o y r w W U t ¢. Instrument peraonJRod Man I 10 o R 237 10 12 45 30 57 31 4 45 7 6 20 1. Data Collection & Coordination 011 Coordination Task Total: 5ubtotat: 8 4 4,6 4 2 Coordination with Village2 2 Coordination with Utilities2 2 012 Data Collection Subtatat: 4 2 2 Obtain Utility Atlases 2 2 Field Checks 2 2 2. Topographic Survey 520 Field Survey Task Total: Subtotal: 21 13 J 2 4 2 7 7 6 6 Project Setup 1 1 Re-establish Control Points and Ties 4 2 2 Horizontal Topography 4 2 2 Cross Sections - 50' Intervals 2 1 1 Drainage inventory 2 1 1 021 Process Survey Information Subtotal: 8 2 4 2 Drafting Existing Conditions 2 2 Add Utilities to Existing Conditions 2 2 Base Sheet Development 2 2 Create Digital Terrain Model 2 2 3. Drainage Plans 031 Stormwater Facility Design Task Total: Subtotal: 42 30 11 6 3 2a 22 A. r 2 2 Inlet Spacing 3 1 2 Hydrologic and Hydraulic Analysis and Storm Sewer Design 4 2 2 Drainage Plan and Profile Sheets (1 "=20) 204 16 1 Erosion and Sediment Control Plans (1"=20) 3 1 2 1 035 Permits Subtotal: 12 3 3 6 Permit - IDOT 3 3 Permit- MWRDGC -, s 3 6 4. Engineering Plans 055 Contract Plans Task Total: subtotal: 162 31 6 1 1 36 8 2 53 15 17 4 43 7 18 5 Title Sheet s 1 4 1 Typical Sections 5 1 4 1 Alignment, Ties and Benchmarks 5 1 4 1 General Notes, Index and Highway Standards 4 1 3 1 CIORBA GROUPEn�incar- Village of Morton Grove Narragansett Avenue Reconstruction Y r w5 y' wd Grand Total Senior Project Manager I b d z,- —' fl Prefect Engineer J = t c W n _ 47 W NNa U L F O u o` Engineering Technician P Engineering Technician 1 U 0. InstrOment Person'Rod Man n ° D Summary of Quantities 6 2 4 Pian Assembly - 2 Submittals 3 ,i1 3 Disposition of Comments - 1 Submittal 3 1 2 056 Roadway Plans Subtotal: 92 3 16 1 26 16 4 26 13 Maintenance of Traffic - Double Plan (1"=20) 9 1 2 6 1 MOT General Notes, Staging Descriptions and MOT Typical sections 6 2 4 1 Establish Horizontal Geometry 3 1 2 Establish Vertical Geometry 3 1 2 Proposed Plan and Profile Sheets (1"=201 24 2 4 9 10 1 Pavement Marking and Signing Plans (1"=20') 6 2 6 1 Removal SheetlExisting Conditions (1"=20') s 1 2 5 1 Construction Details 8 1 2 5 5 ADA Ramp Details (2 corners) - Dempster only a 2 6 1 Cross Sections 12 4 8 2 Identify & Report Utility Conflict Locations 3 1 2 0sa Quantity Calculations Subtotal: 18 1 6 1 10 Quantities (Removals) 3 1 2 Quantities (Earthwork) 3 1 2 Quantities (Proposed Plan) s 3 6 Quantities {Mater Resources) 3 1 2 059 Specifications & Estimates Subtotal: 21 3 12 6 Specifications and Contract Documents 12 2 10 Estimate of Cost (Pre -final & Final) 9 1 2 6 5. CIC14A 090 QC/QA Task Total: SAblodl: 2 2 2 2 Roadway and Drainage 2 2 6. Project Management & Administration 100 Protect Management & Administration Task Total: Subtotal: 2 2 2 2 Project Management 2 2 CIORBA GROUP Cr..r5,..Iin2 En1incer. ER Firm Client Project Extubla "A" Ci GROUP Consulting Engineers Ciorba Group, Inc Village of Morton Grove Narragansett Avenue Reconstruction Date 11/18/16 Cost Estimate of Consultant Services (Direct Labor Multiple) ITEM MANHOURS (A) PAYROLL (B) DIRECT COSTS (C) SERVICES BY OTHERS (D) TOTAL (B4 -Cl -D) % OF GRAND TOTAL Data Collection &Coordination 8 $ 850.00 $ 20.20 $ 870.20 3.60% Topographic Survey 21 $ 1,678.00 $ 125,00 $ 1,803.00 7.87% Orainage Plans 42 $ 4,099.00 $ 300.00 $ 4,399.00 19.20°! Engineering Pians 162 $ 13,913.00 $ 1,225.00 $ 15,138.00 66.09% OCIQA 2 $ 348.00 $ 348.00 1.52% Pralect R7anagement&Adm?nistretion 2 $ 348.00 $ 348.00 1.52% TOTALS 237 $ 21,236.00 $ 1,670.20 $ 22,906,20 100.00% PRINTED 11/1812016, 11:36 AM Client County Job No. Exhibit "A" CIORBA GROUP Consulting Engineers Village of Morion Grove Consultant Ciorba Group, Inc Average Hourly Project Rates Date 11/16/16 Sheet 1 OF i PAYROLL CLASSIFICATION AVG HOURLY RATES TOTAI. PROJECT RATES bats Collection S Coordination Topographic Surrey Drainage Plans Engineering Plans OC/QA Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part, Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Principal 5180.00 Senior Project Manager $174.00 10 4.22% 7.34 6 3.70% 6.44 2 100.00% 174.00 Project Manager 5154.00 Lead Structural Engineer 5144.00 Senior Project Engineer 5132.00 12 5.06% 6.613 11 26.19% 34.57 1 0.62% 0.81 Project Engineer 5117.00 45 18.99% 22.22 6 75,00% 87.75 3 7.14% 8.36 36 22.22% 26.00 Senior Engineer 594.00 Staff Engineer II 582.00 30 12.66% 10.38 28 66.67% 54.67 2 1.23% 1.01 Staff Engineer I $74.00 57 24.05% 17.80 2 25.00% 18.50 2 952% 7.05 53 32.72% 24.21 Senior Structures Engineer 5106.00 Structures Engineer $78.00 Senior CADD Technician 897.00 21 6.66% 8.59 4 19.05% 18.48 17 10.49% 10.16 Resident Engineer III $122.00 Resident Engineer II/Senior Constn. $94.00 Resident Engineer IlSenior Constru $83.00 Construction Engineer I $74.00 Engineering Technician II 574.00 4 1.69% 1.25 4 2.47% 1.83 Engineering Technician I 558.00 45 18,99% 11.01 2 9.52% 5.52 43 26.54% 15.40 Party Chief 590.00 7 2.95% 2.66 7 33.33% 30.00 Instrument PersorllRod Man 566.00 6 2.53% 1.67 6 28.57% 18.86 _ Intern 535.00 TOTALS 237 100% 589.60 8 100% 8106.25 21 100% $79.90 42 100% $97.60 162 100% 585.88 2 100% 8174.00 Printed 11/16/2016 11:35 AM ExzhL'Illi "A" IN-HOUSE DIRECT COSTS Village of Morton Grove Narragansett Avenue Reconstruction Data Collection & Coordination Description Unit Unit Cost Quantity Extended Cost Copies sheet $ 0.10 40 $ 4.00 Vehicle (mileage) mile $ 0.540 30 $ 16.20 Total: $ 20.20 Topographic Survey Description Unit Unit Cost Quantity Extended Cost GADD Charges hour $ 15.00 4 $ 60.00 Vehicle (day) day $ 65.00 1 $ 65.00 Total: $ 125.00 Drainage Plans Description Unit Unit Cost Quantity Extended Cost CADD Charges hour $ 15.00 20 $ 300.00 Total: $ 300.00 Engineering Plans Description Unit Unit Cost Quantity Extended Cost CADD Charges hour $ 15.00 80 $ 1,200.00 Copies sheet $ 0.10 250 $ 25.00 CPO BA Total: $ 1,225.00 fri OUP Consulting Engineers Exhibit "A" PARKSIDE AVENUE AND MAJOR AVENUE DIAGONAL PARKING IMPROVEMENTS ENGINEERING DESIGN SCOPE OF SERVICES VILLAGE OF MORTON GROVE The Village of Morton Grove intends to add diagonal parking on the west side of Parkside Avenue and on the east side of Major Avenue between Dempster Street and the alley immediately north of Dempster Street. The following services will be provided by Ciorba Group to complete Phase li design plans and specifications for the alley reconstruction. 1. Obtain information on right-of-way limits and location of public utilities within the project limits. Request locations of gas mains, electric lines, etc., from utility companies. 2. Complete full topographic survey from the centerline of the street to the building face or outside edge of sidewalk. The survey will establish a local benchmark and will not be tied to the Village's benchmark datum. 3. Develop plans, specifications, and engineer's estimate of cost and time for the proposed improvements. Pre -final (90%) plan documents will be submitted to the Village for review and approval. The plans and contract documents will be incorporated into the Narragansett Avenue reconstruction project. 4. The following items are not included in the services: A. IDOT, MWRD, IEPA, NPDES permits. B. Drainage improvements. C. Improvements will not impact street corners, therefore ADA ramp designs are not included. D. Coordination with property owners will be completed by the Village. E. Soil borings. RECIORBA GROUP Consulting Engineers MINIMVAY Village of Morton Grove Parkside Ave and Major Ave Diagonal Parkin ~ F • a N ¢ Grand Total 1 g Y F. p c N r C Y7 e d C k � 11 d H = 2 13, W i V a Instrument Person/Rod Man L w ° at SG 4 11' 25 7 11 — 8 4 1. Data Collection & Coordination 01t Coordination Task Total: Subtotal: 4 2 2 2 2 Coordination with Village 2 2 012 Data Collection Subtotal: 2 2 Obtain Private Utility Atlases 2 2 2. Topographic Survey 020 Field Survey Task Total: Subtotal: 20 17 s. 1 11 9 8 8 Project Setup1 1 Establish Local Benchmark and H&V Control Points and Ties for each site 4 2 2 Topographic Survey of each site 12 6 6 021 Process Survey Information Subtotal: 3 1 2 Drafting Existing Conditions and Prepare Base Sheets 2 2 Add Utilities to Existing Conditions 1 1 3- Engineering Plans 055 Contract Plans Task Total: Subtotal: 39 9 1 9 2 22 7 7 4 2 General Notes 1 MOT 1 BM and H&VC 4 1 3 1 Summary of Quantities 5 1 4 1 056 Roadway Plans Subtotal: 12 2 10 2 Removal Sheet/Existing Conditions and Proposed Plan Sheet (1"=20') 12 2 10 2 058 Quantity Calculations Subtotae 10 3 7 Quantities (Removals) 3 1 2 Quantities (Earthwork) 3 1 2 Quantities (Proposed Plan) 4 1 3 059 Specifications & Estimates Subtotal: 8 1 5 2 Specifications and Contract Documents 5 1 4 Estimate of Cost (Pre -final & Final) 3 1 2 EMICIORBA GROUP Conn l-inq Enn nc.c:r Village of Rfiorten Grove Fau-ksEda Ave and Gtnaloir !1S ve ii1 aagotrial Parking F L' m ,a ? r to Q Grand Total Senior Protect Manager c S C `u c R. 'a y E W k 11 h c u G P- F o, C o Q, W (. a f ro 0 G L 0 a C E H 4. QC/QA Task Total: 090 QC/QA Subtotal: 1 1 1 1 Roadway 1 1 5. Project Management & Administration Task Total: 100 Project Management & Administration Subtotat: 2 2 2 2 Project Management 2 2 CIORSA GROUP Cona.u!!ing Eny nocr. Firm Client Project Exhibit "A" CIORBA GROUP Consulting Engineers Ciorba Group, Inc Village of Morton Grove Parkside Ave and Major Ave Diagonal Parking Date 11/18/16 Cost Estimate of Consultant Services (Direct labor Multiple) ITEM MANHOURS (A) PAYROLL (6) DIRECT COSTS (C) SERVICES BY OTHERS (D) TOTAL (B+C+D) % OF GRAND TOTAL Data Collection & Coordination 4 $ 382.00 $ 382.00 6.08% Topograpnicsurvey 20 $ 1,592.00 $ 65.00 $ 1,657.00 26.38% Engineering Pians 39 $ 3,261.00 $ 460.00 $ 3,721.00 59.23% QC/OA 1 $ 174.00 $ 174.00 2.77% Project Management & Administration 2 $ 348.00 $ 348,00 5.54% TOTALS 66 $ 5,757.00 $ 525.00 $ 6,282.00 100.00% PRINTED 11/1812016, 11;37 AM Client County Job No. CIORBA GROUP Consulting FilrjAirir Village of Morton Grove Consultant Ciorba Group, Inc Average Hourly Project Rates Date 11118/16 Sheet 1 OF 1 PAYROLL CLASSIFICATION AVG HOURLY RATES TOTAL PROJECT RATE& Data Cortection 8 Coordination Topographic Surrey Engineering Min. OGQA Project Management b Administrator, Hours % Part, Wgtd Avg Hours % Part Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Principal $180.00 Senior Project Manager $174.00 4 6.06% 10.55 1 2.56% 4.46 1 100.00% 174.00 2 100.00% 174.00 Project Manager $154.00 Lead Structural Engineer $144.00 Senior Project Engineer $132.00 Project Engineer $117.00 11 16.67% 19.50 2 50,00% 58.50 9 23.08% 27.00 Senior Engineer $94.00 r Staff Engineer 11 582.00 Staff Engineer 1 574.00 25 37.88% 28.03 2 50.00% 37.00 1 500% 3.70 22 56.41% 41.74 Senior Structures Engineer 5106.00 Structures Engineer 576.00 T Senior CADD Technician $97.00 Resident Engineer 111 5122.00 Resident Engineer II/Senior Constri $94.00 Resident Engineer USenior Constru 583.00 Construction Engineer! 574.00 Engineering Technician 11 574,00 t Engineering Technician! $58.00 7 10.61% 6.15 7 17.95% 10.41 Party Chief 590.00 11 16.67% 15.00 11 55.00% 49.50 Instrument Persori/Rod Man 566.00 8 12.12% 8.00 6 40.00% 26.40 Intern 535.00 TOTALS 66 100% . 567.23 4 100% $95.50 20 100% 579.60 . 39 100% , 583.62 1 100% N $174.00 2 100% $174_00 Printed 11116!2016 11:37 AM ENhEfe'th "A" IN-HOUSE DIRECT COSTS Village of Morton Grove Parkside Ave and Major Ave Diagonal Parking Topographic Survey Description Unit Unit Cost Quantity Extended Cost Vehicle (day) day $ 65.00 1 $ 65.00 Total: $ 65.00 Engineering Plans Description CADD Charges Copies Unit Unit Cost Quantity Extended Cost hour $ 15.00 30 $ 450.00 sheet $ 0.10 100 $ 10.00 • Total: $ 460.00 C1O BA GROUP Consulting Engineers KR.I]ribtit "A" ATTACHMENT A VILLAGE OF MORTON GROVE 2017 STREET IMPROVEMENT PROGRAM SCOPE OF SERVICES Ciorba Group, Inc. will provide the Phase II design engineering for the 2017 Street Improvement Program. The project will use Village Funds for construction so all the contract documents will be prepared and submitted to the Village only for review and approval. The work on most of the programmed streets will typically involve intermittent curb and gutter removal and replacement, ADA ramps, HMA surface removal and placement of new HMA surface. All disturbed parkway areas will be restored with topsoil and sod. All driveways disturbed by curb & gutter reconstruction will be reconstructed a minimum of 2' from the back of curb with either HMA or PCC to match the existing conditions. Pavement patching and repair or replacement of drainage and utility structures may also be included as directed by the Village. The anticipated length of resurfaced streets is approximately 16,000 feet. It is anticipated that all public utility lines (storm sewer, sanitary sewer and water main) are in satisfactory condition and will not require replacement or repairs. Structures will be adjusted, reconstructed or replaced as identified by the Village. The following scope of services is for the Phase II design engineering for the 2017 Street Improvement Program. The plans will be submitted to the Village at the 90%, 100% and Final PS&E milestones. Geotechnical investigations are not included. Typical Village residential pavement sections are anticipated to be used. 1. Meetings & Coordination • Attend Kickoff meeting with the Village. • Ciorba will perform plan -in -hand field reviews of every street to verify locations of previously identified curb and gutter removal and replacement and pavement patching. The field review will also verify the locations of structures in the pavement. 2. Roadway Plans The plans and contract documents will be incorporated into the Narragansett Avenue reconstruction project. C1ORBA GROUP Co'1sultl*,c Er5;ficers Enhhbisi "A" • The following plan sheets will be included in the plan sets: Summary of Quantities Existing and Proposed Typical Sections Proposed Double Plan sheets for resurfaced streets at 1"=20' Scale with background aerial images Construction Details Maintenance of Traffic is assumed to be done using General Notes and IDOT Highway Standards. • Quantity Calculations. • Engineers Estimate of Probable Construction Costs. • Prepare specifications and contract documents. IDOT Highway Standards will be included in the specifications only. 3. Quality Assurance/Quality Control • Complete in accordance with Ciorba's standard QC/QA plan. 4. Project Management & Administration • Work tasks to include project set up, scope of work reviews, scheduling, budget control, staff planning, contract administration, invoicing and project post mortem. Deliverables and schedule will be the same as the Narragansett Avenue reconstruction project. CIORBA GROUP Consulling Erg:neers SMai RA" Village of Morton Grove 2017 Street Improvement Program N w - 1- y Q Grand Total d L ° - Q a Senior Project Engineer d Cd _ O W u) c 0 or C en # of Sheets 260 22 57 36 165 26 1. Meetings, Data Collection & Coordination Task Total: 010 Meetings • Subtotal: 25 , 5 2 2 7 3 16 Kick-off Meeting with Village 4 2 2 Meeting Minutes 1 1 011 Coordination Subtotal: 4 4 Coordination with Village 4 4 012 Data Collection Subtotal: 16 16 Field Checks 16 16 2. Engineering Plans Task Total: 055 Contract Plans Subtotal: 239 20 4 50 6 20 165 14 26 4 Typical Sections 6 2 4 1 General Notesllndex)Highway Standards/Commitments 8 2 6 2 Summary of Quantities 6 2 4 1 056 Roadway Plans Subtotal: 131 28 103 22 Base Sheet Development 8 8 Proposed Double Plan Sheets 96 24 72 16 Insert Village and IDOT Details 3 3 6 Review Revisions 24 4 20 058 Quantity Calculations Subtotal: 60 20 40 Quantities 60 20 40 059 Specifications & Estimates Subtotal: 28 4 16 8 Specifications and Contract Documents 16 4 12 CiORBA GROUP C:rssJItir,c Erg;r_er. num Rau wa Village of Wilorto Grove 2 117 Street Dm9rovement l r®varm Y w F Z � C Toial Grand !Project Manager Senior Project Engineer Senior Engineer a m 6 c u [ 4 L u Estimate of Cost (Pre -final 8 Final) 12 4 a 3. QC/CIA Task Total: 0917 OCIQA Subtotal: 8 6 8 6 Roadway a a 4. Project Management & Administration Task Total: loo Project Management & Administration Subtotal: 6 8 8 8 Project Management a a OIO6tBA GROUP Ccrisjltie.a Ergiriceis Firm Client County Exhibit "A" CIORBA GROUP Consulting Engineers Ciorba Group, Inc Village of Morton Grove Cook Cost Estimate of Consultant Services (Direct Labor Multiple) Date 11118116 ITEM MANHOURS (A) PAYROLI. (B) DIRECT COSTS [D) SERVICES BY OTHERS (E) TOTAL iC+D+E) % Or GRAND TOTAL Meet ups, Data Collection 6 Ceordirotor) 25 $ 2,822.00 $ 147.25 $ 2,969.25 10.25% Engineering Pleas 239 $ 21,916.00 $ 1,550.00 $ 23,466.00 80.98% =OA 8 $ 1,272.00 $ 1,272.00 4.39% Neel Management& Administration 8 $ 1,272.00 $ 1,272.00 4.39% TOTALS 280 $ 27,282.00 $ 1,697.25 $ 28,979.25 100.00% PRINTED 1111812016. 11:34 AM Client County Job No. ibt GROUP ConsultingEengiine"eAr"s Village of Morton Grove Cook Consultant Ciorba Group, Inc Average Hourly Project Rates Date 11/18/18 Sheet 1 OF 1 PAYROLL CLASSIFICATION AVG HOURLY RATES $185.00 TOTAL PROJECT RATES Meetings, Data Collection 6 Coordination Engineering P ens quOA Prefect Manegemanr & AdminfrOntion Hours % Part. Wgtd Avg Hours % ' Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Hours % Part. Wgtd Avg Principal Senior Project Manager $179.00 Project Manager $159.00 22 7.86% 12.49 2 8.00% 12.72 4 1.67% 2.66 8 100.00% 159.00 8 100.00% 159.00 Lead Structural Engineer $148.00 Senior Project Engineer $136.00 57 20.36% 27,69 7 28.00% 38.08 50 20.92% 28.45 Project Engineer $121.00 Senior Engineer 597.00 36 12.88% 12.47 16 64.00% 62.08 20 8.37% 8.12 Staff Engineer II $84.00 $76.03 165 58.93% 44.79 165 69.04% 52.47- 2.47Senior Staff Engineer I SeniorStructures Engineer $109.00 Structures Engineer $80.00 Structures/Senior CADD Technician $100.00 Resident Engineer Ili 5126.00 Resident Engineer II/ Sr. Construct( $97.00 , Resident Engineer 1 /Construction E 585.00 ;onslruction Engineer I 576.00 Engineering Technician II 576.00 :ngineering Technician i $60.00 - arty Chief $93.00 nstrument Person/Rod Man 568.00 ntem 536.00 TOTALS 280 100% 597.44 25 100% ;hi1314 239 100% $91.70 8 100% ##3t# 8 100% ititiMalt Printed 11/18/2016 11:34 AM EmialAt "A" IN-HOUSE DIRECT COSTS Village of Morton Grove 2017 Street improvement Program Meetings, Data Collection & Coordination Description Unit Unit Cost Quantity Extended Cost Vehicle (mileage) mile $ 0.575 30 $ 17.25 Vehicle (day) day $ 65.00 2 $ 130.00 Total: $ 147.25 Engineering Plans Description Unit Unit Cost Quantity Extended Cost CADD Charges hour $ 15.00 100 $ 1,500.00 Copies sheet $ 0.10 500 $ 50.00 Total: $ 1,550.00 Ci rc IRS GROUP Consulting Engineers Legislative Summary Resolution 16-72 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: November 28, 2016 Authorizing the appointment of a delegate and alternate delegate(s) to the Illinois Municipal Retirement Fund (IMRF) since IMRF requires the Village to adopt a resolution to designate its representatives to this Agency. The Village is a member of the Illinois Retirement Fund (IMRF) and as such, delegates are needed to represent the Village in IMRF matters. This resolution designates the Finance Director/Treasurer as the delegate with the Village Administrator and Assistant to the Village Administrator as Village representatives. Administration and Finance Departments. Not applicable. Not applicable. The management of this fund is performed by the Finance Department and the Administration Department as part of their normal work activities. Approval as presented. Not required. None. Prepared and Respectfully Submitted by: �, Ralp LJ Reviewed by: Teresa Ho E. Czerwinski, lage Administrator iston, Corporation Counsel RESOLUTION 16-72 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, the Village of Morton Grove adopted the contract and by-laws of the Illinois Municipal Retirement Fund by ordinance and thereby became a member of said cooperative; and WHEREAS, said contract provides that member units of local government shall, by majority vote of its corporate authorities, select one (1) person to represent that body on the Board of Directors of said Illinois Municipal Retirement Fund. NOW, THEREFORE, 13E IT RESOLVED by the Village of Morton Grove, Illinois that Hanna Sullivan, Finance Director/Treasurer of the Village of Morton Grove is hereby appointed to serve as the Village of Morton Grove delegate to the Illinois Municipal Retirement Fund commencing on November 28, 2016. BE IT FURTHER RESOLVED that Village Administrator Ralph E. Czerwinski and Assistant to the Village Administrator Thomas J. Friel of the Village of Morton Grove are hereby selected as the alternative delegate to serve if Hanna Sullivan is unable to carry out her aforesaid duties as the representative of the Village of Morton Grove to said Illinois Municipal Retirement Fund. ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 28th day of November 2016. PASSED THIS 28th day of November 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 29th day of November 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 29th day of November 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 16-27 ntroduced: 'urpose: lackground: ludget ummary: dm1nistrator ecommendation econd Reading: pedal onsideration Respectfully submitted AN ORDINANCE ADOPTING THE BUDGETS FOR ALL CORPORATE PURPOSES OF THE VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY, COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR EFFECTIVE JANUARY 1, 2017, AND ENDING DECEMBER 31, 2017 November 28, 2016 The 2017 Budget represents the Corporate Authorities' projections of revenue that are expected to become available during fiscal year 2017, as well as recommended expenditures for the Village. The Budget was presented at Village Workshops held on October 27 and November 3, 2016, and a public hearing on the budget was held on December 12, 2016. Public notice of the hearing was published in the Pioneer Press newspaper on December 1, 2016. The Budget has been available for inspection at the office of the Village Administrator, the Public Library, and posted on the Village's website since at least December 2, 2016. Fund# Fund 2017 Expenses 02 General Fund MG Days -Separate Fund Legislative $ 117,000 Media/Communication $ 33,800 Administration $ 518,725 Legal $ 305,500 Community & Economic Development $ 275,800 Finance $ 2,829,376 Information Technology $ 646,435 Reserves $ 460,000 Police & Animal Control $10,406,789 Fire & EMA $ 8,338,339 Public Works $ 3,722,035 Family & Senior/Civic Center $ 215,692 Building & Inspectional Service $ 721,850 Municipal Buildings $ 286,600 General Fund Sub Total $28,877,941 General Operations 03 Motor Fuel Tax $ 609,000 07 Emergency 911 $ 211,750 18 Commuter Parking $ 171,650 20 Debt Service $ 1,393,389 30 Capital Projects $ 2,670,900 40 Water & Sewer $11,378,551 41 Fire Alarm $ 112,300 42 Municipal Parking $ 13,800 43 Solid Waste $ 2,019,203 54 Seizure $ 373,680 MG Days $ 135,950 General Operations Sub Total $19,090,173 TIF/Economic Develop 13 Dempster -Waukegan TIF $ 1,345,300 15 Lehigh -Ferris TIF $ 6,434,285 16 Economic Development $ 1,036,739 17 Waukegan Road TIF $ 909,375 TIF/Economic Develop Total $ 9,725,699 Non -Pension Total $57,693,813 Pensions* 51 Municipal Employees Retire $ 1,046,000 52 Firefighters Pension $ 3,005,100 53 Police Pension $ 3,721,000 Pensions Total $ 7,772,100 Library $ 3,398,209 Village and Library Total $68,864,122 *Excludes IMRF, SLEP and OPEB Liabilities Approval as presented. Required The bud is requir to be passed be Decem:;, 31, 2016 Reviewed by: Teresa o zerwinski, Vill._e Administrator Liston, Corporation Counsel Prepared by: Hanna Sullivan, Finance Director ORDINANCE 16-27 AN ORDINANCE ADOPTING THE BUDGETS FOR ALL CORPORATE PURPOSES OF THE VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY, COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR EFFECTIVE JANUARY 1, 2017, AND ENDING DECEMBER 31, 2017 WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, pursuant to Ordinance 97-53 enacted on the 11th day of November 1997, the Corporate Authorities of the Village of Morton Grove established by a two-thirds majority vote of the Village Board then holding office, the budget system, all as authorized pursuant to Statute 65 ILCS 5/8-2-9.1 and pursuant to said statute and local ordinance, the Village Administrator of the Village of Morton Grove has previously prepared and compiled the contents of the 2016 Budget and presented said Budget in tentative form for consideration by the Village Board; and WHEREAS, the proposed annual budget has been made conveniently available for public inspection in the Office of the Village Administrator at least by December 2, 2016, such date being at least ten (10) days prior to the date of passage of this Ordinance by the Village Board; and WHEREAS, the Village Board held a public hearing on the proposed annual budget on the 12th day of December 2016, such date being not less than one week after the proposed budget was made available for inspection; and WHEREAS, notice of such hearing was given by publication in the Pioneer Press Newspaper which is a newspaper of general circulation in the Village, at least one week prior to the time of said hearing; and WHEREAS, the budget documents are too voluminous to attach to this ordinance, but comport with the budget recapitulation attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The annual budget of the Village of Morton Grove, Illinois for the calendar year beginning January 1, 2017 and ending December 31, 2017, pursuant to the official budget documents currently kept in the Office of the Village Administrator shall be and is hereby adopted. SECTION 3: The Annual Budget of the Morton Grove Public Library for the fiscal year beginning January 1, 2017 and ending December 31, 2017, is attached hereto as Exhibit "B" shall be and is hereby adopted SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 12th day of December 2016. Trustee Grear Trustee Minx Trustee Pietron. Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 12th day of December 2016. Daniel DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 13th day of December 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" VILLAGE OF MORTON GROVE AND MORTON GROVE PUBLIC LIBRARY BUDGET ORDINANCE 16 -XX CALENDAR YEAR JANUARY 1, 2017 TO DECEMBER 31, 2017 RECAPITULATION Fund # Fund 2017 Expenses 02 General Fund MG Days -Separate Fund Legislative $ 117,000 Media/Communication $ 33,800 Administration $ 518,725 Legal $ 305,500 Community & Economic Development $ 275,800 Finance $ 2,829,376 Information Technology $ 646,435 Reserves $ 460,000 Police & Animal Control $10,406,789 Fire & EMA $ 8,338,339 Public Works $ 3,722,035 Family & Senior/Civic Center $ 215,692 Building & Inspectional Service $ 721,850 Municipal Buildings $ 286,600 General Fund Sub Total $28,877,941 General Operations 03 Motor Fuel Tax $ 609,000 07 Emergency 911 $ 211,750 18 Commuter Parking $ 171,650 20 Debt Service $ 1,393,389 30 Capital Projects $ 2,670,900 40 Water & Sewer $11,378,551 41 Fire Alarm $ 112,300 42 Municipal Parking $ 13,800 43 Solid Waste $ 2,019,203 54 Seizure $ 373,680 MG Days $ 135,950 General Operations Sub Total $19,090,173 TIFIEconomic Develop 13 Dempster -Waukegan TIF $ 1,345,300 15 Lehigh -Ferris TIF $ 6,434,285 16 Economic Development $ 1,036,739 17 Waukegan Road TIF $ 909,375 TIF/Economic Develop Total $ 9,725,699 Non -Pension Total $57,693,813 Pensions* 51 Municipal Employees Retire $ 1,046,000 52 Firefighters Pension $ 3,005,100 53 Police Pension $ 3,721,000 Pensions Total $ 7,772,100 Library $ 3,398,209 Village and Library Total $68,864,122 *Excludes 1MRF, SLEP and OPEB Liabilities EXHIBIT "B" MORTON GROVE PUBLIC LIBRARY APPROPRIATIONS AND LEVY CALENDAR YEAR 2017 2017 Budget Revenues / Reciepts Property Tax $ 3,305,409 Replacement Tax $ 29,000 Fines $ 30,000 Lost Book Payment Photocopy / Printing $ 1,600 Miscellaneous Income $ 5,000 Audio Visual Rental $ 2,500 Grants $ 17,900 Interest Income $ 800 Book Sale $ 3,000 Donations $ 3,000 Total Revenues / Reciepts $ 3,398,209 Expenses (Summary) Salaries $ 1,618,827 Other Personnel Expenses $ 568,400 Materials / Services $ 553,100 Operations $ 425,032 Special Taxes $ 128,850 Transfer to Other Funds $ 104,000 Total Expenses $ 3,398,209 Change in Fund Balance $ Legislative Summary ORDINANCE 16-28 Introduced: Synopsis Purpose: Background: Summary of Appropriations to be levied and Assessed: Admin Recom: Second Reading: Special Consider or Requirements: Respectfully submitte AN ORDINANCE LEVYING AND ASSESSING TAXES FOR THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 November 28, 2016 This ordinance sets the 2016 property tax levy amount that will be collected and will fund the 2017 budget. This ordinance must be adopted and filed with the Cook County Clerk in order to levy property taxes within the Village of Morton Grove. Pursuant to Ordinance 16-28, the amount necessary to be levied for the 2016 property taxes is: $9,443,531 for Village operational expenses, $786,844 for Village debt service and $3,305,409 for the Library. This will result in a levy of $10,230,375 for the Village and $3,305,409 for the Library for a total levy of $I3,535,784. By law the Village is required to levy an additional $2,985,144 for Village debt service payments authorized by general obligation notes and bonds for a total levy before abatements in the amount of $16,520,928. However, the Village Board intends to adopt Resolutions that will immediately abate $2,985,144 from the levy resulting in the net levy as intended by the Corporate Authorities in the amount of $13,535,784. The effective result is a 0.0% increase in the Village's portion of the tax levy and a 3% increase in the Library's portion of the tax levy, resulting in an overall increase of 0.72% from the final extended tax lefrom the previous year. Fund 8 Fund Name Purpose 2017 Budget Expenditures Tax Levy (note 1) Requirements vy Abatements 11 2016 Net Levy ▪ 02 ✓ 30 r 52 r 53 • 20 15 • 15 20 ✓ 20 r 17 • 17 Village of Morton Grove Gzensral Funrl Corporate Purposes General Police Operations (note 1) Fire Operations (note 1) MIFF Pension C.N.A. Pension General Fund sub -total Capital Projects Fund Fire Pension Fund Police Pension Fund Non -Debt sub -total De ht 2015 G.O. New Money 2015 G.O. LF TIF Refinance 2014 G.O. Bond 2010A&B G.O. Bond 20094 G.O. Note 2009 Waukegan Rd. TIF 1998A Waukegan Rd. TIF Note Debt sub -total Village Total Village of Morton Grove Library General Grand Total 5 13,705,079 7,989,254 6,073,185 279,585 697,838 28,744,941 2,600,500 3,005,100 3,721,000 $ 5 $ 816,419 1,500,000 1,500,000 279,585 697,838 4,793,842 5 100,000 2,265,154 2,284,535 5 5 816,419 1,500,000 1,500,000 279,585 697,838 4,793,842 100,000 2,265,154 2,284,535 $ 38,071,541 $ 9,443,531 $ - $ 9,443,531 5 1,393,389 $ 5,892,243 $ 909,375 6,801,618 44,873,159 $ 5 $ $ $ 3,398,209 $ 714,750 768,600 33,900 817,796 519,129 642,526 275,087 3,771,988 13,215,519 $ 3,305,409 $ (357,375) (768,800) (422,227) (519,129) (642,526) (275,087) (2,985,144) 357,375 33,900 395,569 786,844 (2,985,144) $ 10,230,375 - $ 3,305,409 $ 48,271,368 5 16,520,928 5 (2,985,144) $ 13,535,784 Notes' (1) Excludes pension cost which is reflected in fund 852and fund 853 as a separate tax levy category. The tax levy proceeds will go to pay regular salaries forfull-time sworn personnel Approval as presented. Required A certif Decem d: Ralph er. cop of this resolution ust be filed with the Cook County Clerk or before the last Tuesday in Prepared by: Hanna Sullivan, Finance Director . Czerwinski, Vil Reviewed by: Teresa Hoff iston, Corporation Counsel ORDINANCE 16-28 AN ORDINANCE LEVYING AND ASSESSING TAXES FOR THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS FOR FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, on December 12, 2016, the President and Board of Trustees of the Village passed and approved by roll call vote, the annual Budget Ordinance 16-27 of said Village for the fiscal year beginning January 1, 2017, and ending December 31, 2017. The Ordinance was duly signed and approved by the President and Board of Trustees of the Village and attested by the Village Clerk; and thereafter it was duly published in pamphlet form by order of the President and Board of Trustees of the Village; and WHEREAS, Pursuant to Ordinance 16-28, the amount necessary to be levied for 2016 property taxes is $10,230,375 for the Village and $3,305,409 for the Library for a total levy of Thirteen Million Five Hundred Thirty -Five Thousand Seven Hundred Eighty Four Dollars ($13,535,784). WHEREAS, by law the Village is required to levy an additional $2,985,144 for debt service payments authorized by general obligation notes and bonds for a total levy before abatement in the amount of Sixteen Million Five Hundred Twenty Thousand Nine Hundred Twenty -Eight Dollars ($16,520,928). WHEREAS, the Village Board has adopted Resolutions that will immediately abate $2,985,144 from the levy resulting in the net levy as intended by the Corporate Authorities in the amount of $13,535,784. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The total amount of appropriations for all corporate purposes legally made and to be collected from the tax levy of 2016 is hereby ascertained to be the sum of Sixteen Million Five Hundred Twenty Thousand Nine Hundred Twenty -Eight Dollars ($16,520,928) of which Two Million Nine Hundred Eighty -Five Thousand One Hundred Forty -Four Dollars ($2,985,144) is abated, leaving a net property tax levy of Thirteen Million Five Hundred Thirty -Five Thousand Seven Hundred Eighty Four Dollars ($13,535,784). SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 12th day of December 2016 Trustee Grear Trustee Minx. Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 12th day of December 2016. Daniel DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 13th day of December 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois