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HomeMy WebLinkAbout2012-04-23 AgendaGall to Order 2. Pledge of Allegiance 3. Roll Call 4. 6 7 8. 9. 10. April 23, 2012 7:00 pm Approval of Minutes — Special minutes from April 9, 2012 Regular minutes from April 9, 2012 Special Reports a. Presentation by the Morton Grove Farmers' Market — Kristina Otte Public hearings a. Electric Residential Aggregation Plan for Residents and Small Businesses Residents' Comments (agenda items only) President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Proclamation — Rev. John P. Smyth Day — April 28, 2012 b. Appointment of New Village Administrator Ryan J. Horne effective April 24, 2012 C. Resolution 12 -39 (Introduced April 23, 2012) Authorizing a Memorandum of Understanding Between the Village of Morton Grove and Ryan J. Home Clerk's Report — Legal, Cable and Telecommunications Commission Staff Reports a. Village Administrator Pro iem 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) h. Trustee Gornberg — Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) C. Trustee Grear — Community and Economic Development Department, Chamber of Commerce, Waukegan Road TIF Review, Lehigh/Ferris TIF Review, Dempster Street Corridor Plan, Reai Estate Committee, Comprehensive Plan, Economic Developmem (Trustee DiMaria) d. Trustee Marcus — Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traffic Safety Commission (Trustee Thill) 1) Ordinance 12-10 (introduced April 9, 2012) (Second Reading) Amending Title 5, Chapter 9, Section 9, Article D of the Municipal Code Entitled "Municipal Parking Zones" 2) Ordinance 12 -11 (Introduced April 9, 2012) (Second Reading) Amending Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" and Title 5, Chapter 13, Article F. Section 3 Entitled ""Time. Limit Parking Zones" of the Municipal Code for Restricted Parking on Ferris Avenue 3) Resolution 12 -36 (Introduced April 23, 2012) Authorizing the Annual July 4 Parade and Closure of Dempster Street 4) Resolution £2 -37 (Introduced April 23, 2012) Extending a Contract with G&L Contractors, Inc. for the Material Hauling Program Trustee Thill— Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board of Appeals (Trustee Toth) I } Ordinance 12 -£3 (Introduced April 23, 2012) (First Reading) Amending Title 10, Chapter 2 Entitled Electrical Regulations of the Municipal Code of the Village 2) Ordinance £2 -£4 (Introduced April 23, 2012) (First Reading) Amending Title 10, Chapter 1 Entitled Building Code of the Municipal Code of the Village Trustee Toth —Finance Department, Finance Advisory Commission, Northwest Municipal Conference; Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 1) Ordinance 12 -12 (Introduced April 9, 2012) (Second Reading) Authorizing Aggregation of an Electrical Load and Adopting an Electric Aggregation Plan of Operation and Governance ]I. Reports by Trustees (continued) Trustee Toth (continued) 2} Resolution 12 -38 (Introduced April 23, 2012) Authorizing the Execution of a Contract for Payroll Processing Services 3) Resolution I2 -40 Untroduced April 23, 20 12) Tax Abatement Resolution for Tax Levy Relating to Ordinance No. 99 -1 12. Other Business 13. Presentation of Warrants - $718.665.57 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure, fall accessibili y and equal participation for all interested Citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe andlor participate in this meeting, or who have questions regarding the accessibility ofthese facilities, are requested to contact Susan or Marlene (847/470 -5220) promptir to allow the Pillage to make reasonable accommodations. MINUTES OF THE APRIL 4, 2012, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 5:48 pm by Village President Daniel .l. Staackmann who led the assemblage in the pledge of allegiance. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. Kalogerakos, and Trustees Daniel DiMaria, Lary Gomberg: William Great, Sheldon Marcus, John Thilt, and Trustee Toth Absent: None Village Staff: Village Administrator Pro Tem Ryan J. Horne, Police Chief Mark Erickson, Building Commissioner Pro Tem William Porter, Deputy Police Chief Brian Fenneily, Deputy Police Chief Norman Stromberg Also Present: None Mayor Staackmann asked Rvan Horne to present a report on the preparations of the Village's Executive Work Plan. Mr. Horne stated normally an Executive Work Plan is part of the budget process. This is a great opportunity for the Village to set forth long, mid, and short term goats. It also provided a mechanism for evaluating the performance of the Village Administrator and /or Department Directors. Mr. Horne reviewed several different models for an Executive Work Plan. Before he presented a draft of the Village's Executive Work Plan he asked the Trustees to provide input as to what they wanted to be included. Trustee Toth stated she concurred the Executive Work Plan should be in conjunction with tire budget and thought the Plan should look at two, five, and even ten year needs and wants of the Village. Trustee Gomberg recommended all short term goals be achievable as to provide a mechanism for evaluation. Trustee DiMaria stated the most urgent plans and goals should include task which should be done within 'six months as to how the Village will achieve them. Trustee Toth wanted to see information about the performance evaluation process. Mayor Staaekmann asked whether the work plan could include an update for the Comprehensive Plan. Trustee DiMaria then moved to adjourn to Executive Session to review security procedures for the upcoming NATO Summit, pending litigation, personnel matters, labor negotiations, and real estate. The motion was seconded by Trustee Toth and approved unanimously pursuant to a roll call vote at 6:00 pm. At the conclusion of the Executive Session, Trustee Marcus moved to adjourn the Special Meeting. The motion was seconded by Trustee Toth and approved unanimously pursuant to a voice vote at 6:45 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Special meeting minutes.04 -09 -12 CALL TO ORDER I. Village President Dan Staackmann called the meeting to order at 7:00 p.m. and directed the Clerk to call the roil ll. Village Clerk Tony Kalogerakos called the roll Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. a. Regarding the Minutes of the Special Meeting of March 26, 2012, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote. b. Regarding the Minutes of the March 26, 2012 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Marcus, to accept the Minutes as presented. Motion passed unanimously via voice vote. c. Regarding the Minutes of the Special Meeting of March 29, 2012, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote. IV. SPECIAL REPORTS 1. Recoanition of Eaale Scout The Board recognized and congratulated Blake Helton, grandson of the late Frank Hren, for achieving Eagle Scout status. His community project was organizing a 5K event for "Share Your Soles," a group that collects used shoes and distributes them to the needy. Blake had over 70 participants at his 5K event, raised over $1,000, and collected over 600 pairs of shoes. 2. Presentation of the Certificate of Achievement for Excellence in Financial Renortino Award As liaison to the Finance Department, Trustee Toth presented this award. ,� � ,�� �` .• -.� . - - _. t "�Vlinuteslot' I,�,�di$8Sptl�(1`�' IV. SPECIAL REPORTS (continued) a. Trustee Toth noted that the Village has received this award since the 1990's. She explained that this award is given for achieving the highest standards of governmental accounting. The Village's Comprehensive Annual Report is consistently singled out as being an example of the Village's excellence in financial reporting. Trustee Toth read the Certificate and presented it to Village Administrator (former Finance Director) Ryan Horne, Mr. Horne thanked the Board and all of the members of the Finance Department, stating that this award would not be possible without the assistance and dedication of the Finance Department staff. 3 Swearino -In Ceremony for New Police Officers a. Police and Fire Commission Chairman Mike Simkins, flanked by Police Chief Mark Erickson, Commander Norm Stromberg, Commander Brian Fennelly, and Trustee Liaison Larry Gomberg, performed the swearing -in ceremony for three new police officers. He provided some background on each: b. Patrick Mallaney began his employment with the Village on March 26, 2012. He was born and raised in Elmhurst and attended the University of Iowa and the College of DuPage, receiving an Associates Degree in General Education. Officer Mallaney then attended the University of Illinois — Champaign, where he attained a Bachelor's Degree in Physical Education and Athletic Training. The Board and assemblage congratulated Officer Mallaney as his wife pinned on his badge. c. Adam Young also began his employment with the Village on March 26, 2012. He was born and raised in Buffalo Grove and attended St. Joseph's College, where he attained a Bachelor's Degree in Human Resource Management. His lifelong ambition was to become a police officer, and to further that goal, he has worked in the security and loss prevention field. Officer Young was applauded by the Board and Assemblage as his proud mother pinned on his badge. d. Like Officers Mallaney and Young, Tyler Rubio began his employment with the Village on March 26, 2012. He was born and raised in Palatine and attended the University of Illinois — Chicago, attaining a Bachelor's Degree in Criminology and Psychology. The Board and as- semblage welcomed Officer Rubio as his proud mother pinned on his badge. e. Chairman Simkins thanked the Chief and the Commanders for helping to accelerate the background check process of the new officers. f. Trustee Toth asked if these were replacement hires or new hires. Chief Erickson responded that they were replacements, adding that there has been five retirements and resignations over the last six months. 4. Presentation by the Chicago Metropolitan Agency for Planning (CMAP) Recardinq the Industrial Areas Plan. a. Director of Community and Economic Development John Said reported that the Village is about to embark on developing an Industrial Areas plan, and the Chicago Metropolitan Agency for Planning (CMAP) is going to provide assistance at no charge. He then introduced Trevor Dick, senior planner for CMAP. IV. t 11 ?r. I ' =41y1Mnkswf�4Prii�,.*2DT� rierd� �� G SPECIAL REPORTS (continued) b. Mr, Dick said that, last year, CMAP had received a HUD grant and had put out a request for projects to be submitted. Morton Grove was one of the first projects selected. He introduced other members of the project team, adding that he wants to get the community involved in the planning process. Mr. Dick said the Industrial Areas plan will be an update to the Village's Comprehensive Plan, and is important in determining future land use and capital improve- ments. Or, if the Village decides its industrial areas should stay as they are currently, the Plan will look at how existing entities within the industria! areas can be helped and how the Village can attract new businesses for location there. c. The process of putting together this plan will last about 10 to 12 months. The Plan Commission will serve as the "steering committee" and sounding board. The scope of work includes: understanding of existing conditions (e.g., key person interviews, driving the areas, noting the number of vacancies, examining the Village's zoning ordinances); setting the vision (through a creative, visionary, brainstorming workshop), and then developing an implementation plan to actually realize the vision. V. =514MIUMITARIJEM NONE VI. RESIDENTS' COMMENTS (,Agenda Items Only) NONE VII. PRESIDENT'S REPORT Mayor Staackmann proclaimed April 27, 2012 as "Arbor Day" in the Village, noting that this holiday was first observed with the planting of more than a million trees in Nebraska in 1872. He said that trees are not only a renewable resource, they help increase property values, enhance the economic vitality of business areas, and beautify the community. Mayor Staackmann urged all citizens to support efforts to protect trees and woodlands and to support the Village's urban forestry program VIII. CLERK'S REPORT 1. Clerk Kalogerakos noted that the Village is working on plans to go out for bid for electricity rates. Residents not interested in participating in the new electricity plan can opt out of it. There will be two Public Hearings to discuss this further. The first Public Hearing will be held on April 23, 2012 as part of the regularly- scheduled Village Board meeting. The second Public Hearing will be part of the regularly- scheduled Village Board meeting of May 14, 2012. 2. Clerk Kalogerakos encouraged residents who want to stay informed about what's going on in the Village to sign up for the Village's e- newsletter. This is sent out much more frequently than the printed Village newsletter (The Exchange), which is mailed out quarterly. Residents wishing to sign up for the Village's e- newsletter should send a note to contact(a)mortonoroveil orc to request they be added to the e- newsletter mailing list VIII. IX. "- 1Ninutes o�4 JI'S,'i201��3oard Y`i�T `"` CLERK'S REPORT (continued) Clerk Kalogerakos said that, due to the City of Chicago's frequent water rate increases, the Village is pursuing additional /alternative water suppliers. The Village will be looking for a water supplier who can provide economic value plus a secure and stable system. As the Village moves forward with this search, updates will be made at Village Board meetings which can be viewed on cable channel 6 or u -verse channel 99. Anyone who has questions may contact the Village Administrators office at 847 - 470 -5220. A. Village Administrator STAFF REPORTS Village Administrator Ryan Horne had no report. B. Corporation Counsel: Corporation Counsel Liston had no report. X. TRUSTEES' REPORTS A. Trustee DiMaria: Trustee DiMaria had no report. B. Trustee Gomberg' 1. Trustee Gomberg presented Resolution 12 -35, Authorization for the Purchase of a Sports Utility Police Vehicle Through the Suburban Purchasing Cooperative, Contract #122. He explained that this purchase will replace the Incident Command vehicle currently being used in the Police Department, which needs replacing due to its age and declining reliability. The Incident Command vehicle has been in the fleet since 2001. Public Works has recommended that the vehicle be retired from police emergency use and transferred to another department as its reliability is questionable. Reliable emergency vehicles are essential to the safety of the officers and therefore need to be in excellent condition at all times. The cost of this vehicle is $27,249. Trustee Gomberg moved, seconded by Trustee DiMaria, to approve Resolution 12 -35. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear aye Tr. Marcus aae Tr. Thili acre Tr. Toth acre 2 Trustee Gomberg expressed his personal congratulations to the three new police officers sworn in earlier this evening. '•,y -> - "„ ` iifliA�7 t85abi�1pi71��0�:L''�A'3Td;M X. TRUSTEES' REPORTS (continued) C. Trustee Greac Trustee Grear had no report. D. Trustee Marcus: 1. Trustee Marcus presented for a first reading Ordinance 12 -10, !amending the Municipal Code, Title 5, Chapter 9, Section 9, Article D, Entitled "Municipal Parking Zones" of the Municipal Code of the Village of Morton Grove. a. He explained that the Board had asked staff to survey municipal parking zones to standardize parking restrictions therein. Based on that survey, conducted in March, staff prepared an amendment to restrict certain municipal parking zones to three hours. Also, all municipal parking zones will now have a no- parking restriction between the hours of 2:00 a.m. and 5:00 a.m. b. Trustee DiMaria noted that there was no Traffic Safety Report accompanying this ordinance. Corporation Counsel said that it was because it wasn't based on a petition or request from a business or resident. c. Mayor Staackmann said that the Village receives numerous calls from businesses near municipal parking lots stating that there are cars parking there for the day, which precludes patrons from being able to park there. d. Trustee Thill asked if the parking could be limited to two hours instead of three. Mayor Staackmann responded that staff's research indicated that three hours was more standard than two hours, thus it would be easier to enforce. e. Trustee Thill asked if all the business owners had been notified about this. If not, he suggested that they should be, prior to the passage of the ordinance. There was no further discussion on Ordinance 12 -10. 2. Next, Trustee Marcus presented Resolution 12 -33, Authorization to Execute a Contract With Metro Tank and Pump Company for the installation of Two Bennett Diesel and Gas Dispensing Pumps for the Replacement of Two Bennett Fuel Dispensing Pumps. a. He explained that the this resolution will authorize Public Works to replace two existing gas and diesel pumps, installed in 1991 at the Public Works facility fueling station. This fueling station provides fuel to all Village Departments, including the Morton Grove Park District. Existing pumps have numerous safety issues and have become a dependability and safety issue. b. Trustee Marcus said that funds in the 2012 Budget were approved in the amount of $30,220 for the replacement of two fuel pumps. After the bid process, the actual cost for replacement will be $25,860, about $5,000 less than budgeted. �.'�, 1Vlinut85NtAPt7 "�B,:�D7°l.�baM��AE,B'iit� ".' X. TRUSTEES' REPORTS (continued) D. Trustee Marcus (continued) Trustee Marcus moved, seconded by Trustee Grear, to approve Resolution 12 -33. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aerie Tr. Gomberg aye Tr. Grear ave Tr. Marcus ave Tr. Thill acre Tr. Toth aye Trustee Marcus then presented for a first reading Ordinance 12 -11, Amending Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Flours" and Title 5, Chapter 13, Article F, Section 3 Entitled "Time Limit Parking Zones" of the Municipal Code of the Village of Morton Grove. He explained that this will change the parking restrictions on Ferris Avenue to extend the time allowed for parking on the west side of Ferris near its intersection with Lincoln Avenue during off -peak hours, and extended to include Saturdays, Sundays, and holidays. There was no discussion on Ordinance 12 -11. 4. Next, Trustee Marcus brought forward Resolution 12 -34, Authorizing the Execution of a Contract With St. Aubin Nursery and Landscaping for the 2012 Tree Planting Program. a. He explained that the Tree Planting Program is necessary to purchase and plant trees to replace those in the Village that are being lost due to storms and disease. To date, approximately 478 ash trees have been removed from public property due to the Emerald Ash Borer. Trustee Marcus said that a grant was obtained by staff in order to help fund replacement tree costs, and funds secured through the 2011 Recycling Reimbursement will also be used. The contract value is $12,580; however, the anal contract amount will be based on actual quantity of work performed. Trustee Marcus moved to approve Resolution 12 -34, seconded by Trustee Toth. c. Trustee Thill asked how many trees would be planted for $12.580. Director of Public Works Andy DeMonte responded that he wasn't sure. Trustee Thill asked if there was still a 50/50 Tree Planting Program. Mr. DeMonte said he did not believe the Village would be having a 50/50 Tree Planting Program this year. Trustee Thill asked if the plan was to replace just one tree per property, even if more trees had been lost on any particular property. Mir. DeMonte said yes, that is the plan. There being no further discussion, Mayor Staackmann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear ave Tr. Marcus aye Tr. Thill aye Tr. Toth ave 5. Trustee Marcus said, as the Village's liaison to the Solid Waste Agency of Northern Cook County (SWANCC), that the Village's recycling efforts are very, very important, generating revenue such that the Board was able to allocate $10,000 for tree planting from last year's . -- , „< ` , I `, . ; Minutes of JHD,2D1ZBear4 OJleet ",. X. TRUSTEES' REPORTS (continued) C. Trustee Marcus. (continued) recycling program. He noted that April is "Environmental Awareness" month and encouraged all to visit the SWANCC website, which lists environmental activities for each day in April. It also contains a wealth of information about all kinds of recycling, including electronics, paint, hazardous materials, chemicals, etc. E. Trustee Thil!: Trustee Thill had no report. F. Trustee Toth: 1. Trustee Toth presented Ordinance 12 -09, Amending Title 4, Chapter 3, Section 16 Entitled "Liquor Control” of the Municipal Code of the Village of Dorton Grove. This is the second reading of this Ordinance. a. Trustee Toth explained that this ordinance will amend the Municipal Code to require establishments and their employees to card anyone who appears to be under the age of 35 purchasing an alcoholic beverage. b. Trustee Marcus asked if this ordinance was stronger than current State law. c. Mayor Staackmann responded that it is, adding that anything the Village can do to prohibit underage drinking, it will do. He said that this is tnesame policy that's in effect for other major companies and grocery chains that sell liquor in Illinois. Trustee Toth moved to adopt Ordinance 12 -09, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. diMaria afire Tr. Gomberg ave Tr. Grear acre Tr. Marcus aye Tr. Thill acre Tr. Toth ave 2. Trustee Toth then introduced for a first reading Ordinance 12 -12, Authorizing Aggregation of an Electrical Load and Adopting an Electric Aggregation Plan of Operation and Governance. a. She explained that this ordinance will authorize the Village to operate an electric aggregation program as an "opt -out program" for residential and small commercial retail customers. b. Trustee Toth said a new State law allows the Village to aggregate the electrical load in order to obtain group pricing and hopefully group savings on the purchase of electricity. All residential users and small commercial retail customers are automatically part of the group purchase program but may opt -out, if they so desire, as long as a referendum has passed by a majority of residents. ,� � YdlinUtesapi.: it J,�012coa"d13M' " X. Trustee Toth: (continued) TRUSTEES' REPORTS (continued) C. Such a referendum did pass in March. In order to proceed.. the Village is required by law to adopt an Electrical Power Aggregation Plan of Operation and Governance, and is further required to hold two public hearings, which will be, as previously announced by Clerk Kaiogerakos, on April 23rd and May 14th. There was no discussion on Ordinance 12 -12, Trustee Toth reminded the assemblage that the deadline to purchase village stickers for automobiles and pet licenses is April 30th. The Village is happy to announce that these purchases can now be made online, and residents can purchase them using a Visa. Discover, or MasterCard. Village Hall is open Monday through Friday from 8:30 a.m. to 5:00 p.m. for residents who want to purchase their stickers or pet licenses in person. Xl. OTHER BUSINESS Trustee Thill noted that the Board members often receive copies of complimentary letters that have been sent to Village Hall about various staff members. He read for the record one such letter, complimenting Community and Economic Developer John Said. The letter praised Mr. Said, and stated that he is an advocate for development, that he truly understands its importance, and is definitely an asset to the Village. Trustee Thill said that each of the department heads share [Or. Said's work ethics and represent the Village well, adding that he is proud of all of them. XIl. WARRANTS Trustee Toth presented the accept the Warrants, secon There being no discussion, 6 ayes, 6 nays. Tr. DiMaria aye Tr. Marcus aye Warrant Register in the amount of $212,342.37. She moved to ded by Trustee Thill. Mayor Steackmann called for the vote. Motion passed: Tr. Gomberg aye Tr. Grear ave Tr. Thill ave Tr. Toth ave XIII. RESIDENTS' COMMENTS William Weiss, appeared before the Board to complain that Morton Grove's vehicle tags cost the most of any of the surrounding towns. He said he understood that things are tough, but it didn't seem fair. He said he had to pay $190 for three vehicle tags. In Park Ridge, that would have cost $180; in Des Plaines, only $95. Mr. Weiss said that he is a retired school teacher and just thought it wasn't a fair price. Mr. Weiss was also concerned about Morton Grove's charges for alarm systems. He said that Skokie charges $25, but only for the first year. No one charges $50 annually. He said he al- ready pays ADT $35 a month, and has never had to pay that type of annual fee. ,'MinL3es�Y:',. ril'9�,'2D���3nardJNeo-til9" XIII. RESIDENTS' COMMENTS (continued) Mr. Weiss said he understands that Morton Grove has a smaller population than Skokie. but told the Board, "You have to be fairer to people on limited budgets." XIV. ADJOURNMENT /EXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting. Trustee Toth seconded the motion. Motion passed: S ayes, 0 nays. Tr. Dil is aye Tr. Gomiserg ave Tr. Grear ave Tr. Marcus ave Tr. Thi81 ave Tr. Toth ave The meeting adjourned at 7:49 p.m. PASSED this 23rd day of April, 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 23rd day of April, 2012, Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 24th day of April, 2012, Tony S, Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: re2aa Oouw Public Hearings will be held on April 23, 2012 and May 14, 2012 at 7:00 pm in the Council Chambers of the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois 60053. A referendum was passed on March 20, 2012, authorizing the Village to negotiate for electric rates. The purpose of these hearings are to obtain input on the Electric Residential Aggregation Plan for residents and small businesses of the Village. A copy of the proposed plan is available for review in the offices of the Village Administrator during regular business hours, 8:30 am to 5:00 pm, Monday through Friday. Written and oral comments will be accepted. Tony S. Kalogerakos Village Clerk Richard T. Flickinger Municipal Centel- 6101 Capulina Avenue w Morton Grove, Illinois 60053 -2985^ Tel: (847) 965 -4100 Fax: (847) 965 -4162 !� Vlll&ge of Morion Grove WHEREAS, Fr. John P. Smyth has sib ificantly impacted the lives of thousands of boys and girls in the Chicago -land area for many years. He has been recognized nationally as well as locally for innovative and creative strategies in the caring of youths at risk; and WHEREAS, Fr. Smyth was a pioneer in fund - raising and development efforts such as the "Chuck Wagon" weekends on Maryville Academy's grounds in Des Plaines, united union leader, major league athletics, politicians, and thousands of regular folks in the common cause of helping young children; and WHEREAS, Fr. Smyth chose to enter the Archdiocese of Chicago Seminary at Mundelein, Illinois and was subsequently ordained on April 28, 1962, following his graduation from the University of Notre Dame. His only priestly assignment before the presidency at Notre Dame College Prep was at Maryville Academy. His ministry was not only critical to the Catholic Church but to the State of Illinois, and none of the four Cardinals he served under ever transferred hi,rn; and WHEREAS, in early 2007, Fr. Smyth was offered the Presidency at Notre Dame College Prep and on April 1, 2012, Fr. Smyth completed his fifth year of his tern. Under his direction, enrollment, physical plant enhancements, and enthusiasm the school has thrived; and WHEREAS, currently 815 young men make up the student body of Notre Dame College Prep as major renovations in a number of areas have preceded the ground - breaking for a new educational building which is now in the planning stages; and WHEREAS, Notre Dame College Prep will be hosting an anniversary mass at the school at 10:00 am on Friday, April 27, 2012, to celebrate and honor Fr. Smyth for his fifty years of dedication to the priesthood. NOW, THEREFORE, I, Daniel J. Staackmann, Mayor of the Village of Morton Grove, Illinois, do hereby proclaim April 28, 2012, as REV, JOHN P, SMYTH DAY in Morton Grove and urge all citizens to join in celebrating the contributions n has 5ade. IN WITNESS WHEREOF, I have hereunto set my hand an�sed t ie ri d the seal of the Village of Morton Grove. o Village President LelZislative Seam mare Resolution 12 -39 — — AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF MORTON GROVE AND RYAN 3, HORNE Introduced: I April 23, 2012 Objective: This resolution will approve amemorandum of understanding between the Village and the Villaee Administrator i Purpose: i i To establish a process and provide the Village Administrator with certain benefits in the event he is not reappointed for reason other than misconduct Background: The Village president has appointed Ryan J. Horne as Village Administrator effective April 24, 2012, and the Village Board of Trustees has concurred with this appointment. Village Ordinance provides the Village Administrator is appointed annually at the sole discretion of the Village President with concurrence from the Village Board. Mr. Horne will not have an employment contract; however, the Village President has recommended the Village and Mr. Horne enter into a Memorandum of Understanding, to establish a process and provide certain benefits which will occur in the event Mr. Horne for reasons other than "for cause" (misconduct) is not reappointed. Pursuant to the terms of this Memorandum of Understanding, the Village President will, whenever practical, give Mr. Florae ninety (90) days advanced written notice of his intention to not reappoint Mr. Horne; and Mr. Horne, upon the termination of his appointment, will be given a lump sum severance equal to ninety (90) days of his current salary. Mr. Home will agree to cooperate with Village officials and his successor in the orderly transition of his duties as Village Administrator and will return all Village propery promptly. Programs, Departs Village Administrator or Groups Affected Fiscal Impact: Approximately $35,000 Source of Funds: General Funds Workload Impact: I N/A Admin Recommend: Approval as presented. Second Reading: Not required. Special Consider or None Requirements: Prepared and Respectfully submitted: Teresa Hoffman Liston, Corporation Counsel A RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF MORTON GROVE AND RYAN J. HORNE 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 as a home rule municipality has the authority to adopt ordinances and resolutions, and to promulgate ordinances, resolutions, rules and regulations that pertain to its government and affairs; and WHEREAS, the Village President has appointed Ryan J. Horne as Village Administrator effective April 24, 2012, and the Village Board of Trustees has concurred with this appointment; and WHEREAS, Ryan J. Horne has accepted the position of Village Administrator; and WHEREAS, the Village Board and Ryan J. Horne has negotiated a Memorandum of Understanding, a copy of which is attached hereto as Exhibit "A ", which sets forth certain processes and benefits which will occur in the event Ryan J. Horne is not reappointed as Village Administrator for reasons other than "for cause "; and WHEREAS, pursuant to the terms of this Memorandum of Understanding, the Village President will, whenever practical, give Mr. Horne ninety (90) days advanced written notice of his intention not to reappoint Mr. Horne, and Mr. Horne, upon the termination of his appointment, will be given a lump Ran severance equal to ninety (90) days of his current salary. Mr. Horne will agree to cooperate with Village officials and his successor in the orderly transition of his duties as Village Administrator and will promptly return all Village property; and WHEREAS, the Village Board believes that approval of this memorandum of understanding is in the best interest of the Village of Morton Grove. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNT', 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 Memorandum of Understanding is attached to this resolution as Exhibit "A" and is made a part hereof. SECTION 3: This Memorandum of Understanding is adopted pursuant to the Village's authority as a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, pertains to its government and affairs, and specifically abrogates and renders ineffective the specified portions of the "Contractual Liabilities — Limitations" provisions of the Illinois Municipal Code [65 ILCS 5/8- 1 -7(a) and (b)] SECTION 4: To the extent that any provision in the Memorandum of Understanding is inconsistent or conflicts with any Village ordinance or resolution, or parts thereof, the Memorandum of Understanding controls. SECTION 5: If any provision of this Resolution is held invalid by a court of competent jurisdiction, such provision shall be stricken and small not affect any other provision of this Resolution. SECTION 6: The Village President is hereby authorized to take all necessary actions to approve and execute the Agreement on behalf of the Village. SECTION 7: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 23) day of April 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED by me this 23rd day of April 2012. APPROVED and FILED in mv_ office ]'his 241" day of April 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel.). Smackmann, Village President Village of Morton Grove Cook County, Illinois April 23, 2012 Mr. Ryan J. Horne 2513 Fontana Drive Glenview, Illinois 60025 Re: Memorandum of Understanding Dear Ryan: ` IMM71 8 This correspondence confirms your appointment as Village Administrator effective April 24, 2012. I have made this appointment with great pride and high expectations, and appreciate the confidence which the Village Board of Trustees have given you in confirming this appointment. As we discussed, your starting salary shall be $140,000 per year and you shall be entitled to four (4) weeks vacation. The purpose of this correspondence is to establish a procedure in the event I or a subsequent mayor chooses to not reappoint you. While such a scenario seems unlikely, I believe it is in your and the Village's best interest that a fair procedure be established now. 'Phis correspondence should not in any way be construed as an employment agreement and does not provide you or the Village with any additional benefits or obligations other than as specifically set forth in this correspondence. It is not intended to and shall not supersede the provisions of the Village's Municipal Code (in particular Title 1, Chapter 8A). Once this Memorandum of Understanding has been approved by the Village Board of Trustees, it will remain in effect during your tenure as Village Administrator, except it may be terminated by a resolution of the Corporate Authorities at any time after May 1, 2013. pursuant to Title t, Chapter 8A, Section I of the Village's Municipal Code, a Village Administrator may he removed at any time for cause by a majority vote of the Village Board of Trustees. Cause includes, without limitation, gross negligence in the performance or non - performance of your material duties or essential job functions, willful dishonesty or fraud, egregious misconduct or conduct that materially and adversely affects the Village, conviction of or a plea of nolo conlendere to any felony or to a crime involving moral turpitude or theft or misappropriation o'f Village funds or assets. If you are removed for cause, . you will not be entitled to the lump sum severance pay as set forth in this memorandum. Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Pax: (847) 965 -4162 Reeyoled Paper Upon the termination of your employment with the Village for any reason you have agreed to assist the elected officials and Village staff in the orderly transition and transfer of your responsibilities. By way of example and not limitation, you will respond to reasonable inquiries from the Village President or the Village Administrator Pro Tent or his /her designee for ninety (90) days following the end of your tenure. You shall, on your last day of employment return all keys, files, and property of the Village and all proprietary and /or confidential information received during the course of your employment which relates in any way to the Village or its operations or its businesses including but not limited to any documents or written material and any information kept or stored or accessed by a home /office computer or like devices. The Village's Municipal Code provides that the Village Administrator is to be appointed annually by the Village President with a concurring vote of a ma jority of the Village Board of Trustees. Whenever practical, the Village will give you ninety (90) days advanced written notice of the Village President's intention to not reappoint you. You may resign your employment with the Village anytime after receipt of said notice, and the Village President shall have the right to place you on administrative leave without pay through the remaining period of your appointment (i.e., through December 31.) Upon the termination of your employment, you shall be entitled to be paid for any unused sick leave, or vacation leave as provided in the Village's personnel policy manual. If you are not reappointed, you will, in addition to the above listed payments, receive a lump sum payment equal to three (3) months of your then gross salary, less any required deductions. Please sign and return to me a copy of this Memorandum of Understanding acknowledging your agreement to these terms. Your signed copy will be retained in your persorulel files. Again, congratulations. The Village Board and I am looking forward to working with you. Sincerely, Daniel J. Staackmann Village President Approved: Ryan J. Horne Dated: Personnel AviII o understanding — home 04 -09 -I: .Legislative Summary Ordinance 12 -10 AMENDING THE MUNICIPAL CODE, TITLE 5, CIdAPTER 9, SECTION 9, ARTICLE D, ENTITLED MUNICIPAL PARKING ZONES OF THE MUNICIPAL CODE IN THE v%7ILLAGE OF MORTON GROVE Introduced: April 9, 2012 Synopsis: This ordinance will amend Title 5, Chapter 9, Section 9, Article D of the Municipal Code establishing time restrictions for municipal parkin; zones. Purpose: i To standardize parking restrictions in municipal parking zones. ii Background: Village Officials asked staff to survey municipal parking zones to standardize parking restrictions in municipal parking zones. Based on that survey, which was conducted on March 26. 2012, staff prepared an amendment to restrict certain municipal parking zones to three hours. Also, all municipal parking zones will now have a no parking restriction between the hours of 2:00 all and 5:00 am. Programs, Departments Public Works and Police Departments or Groups Affected Fiscal Impact: $2,800 Source of Funds: General Fund Workload Impact: � This review was conducted by the Public Works Department. Once approved, signage will be. installed by the Street Department with enforcement conducted by the Police Department, Administrator Approval as presented Recommendation: Second Reading: Municipal Code Book Change —April 23, 2012 Special Considerations None or Requirements: f Respectfully itied: Village Administrator Pro Tem Prepared by: _ /7�%� _ Reviewed Teresa Hoffinan iiston, Corporation Counsel by �.— dy DeMonte, Public Works Director •'! AMENDING TITLE 51 CHAPTER % SECTION 9, ARTICLE D, ENTITLED MUNICIPAL. PARKING ZONES OF THE MUNICIPAL CODE OF 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 1 970 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 Public Works Department as one of its functions routinely reviews signage throughout the Village in order ensure ordinances accurately reflect the needs of the community; and WHEREAS, Village Officials have asked staff to survey municipal parking zones in order to standardize parking restrictions along the Dempster Street Corridor; and WHEREAS, a survey was conducted by Public Works staff on March 26.2012: and WHEREAS, based on that survey, staff has prepared the following Municipal Code amendment to restrict parking in certain municipal parking zones to three hours; and WHEREAS, the Village Board of Trustees believe the best interest of the Village of Morton Grove will he served by approving this amendment. 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 5, Chapter 5, Section 9, Article D entitled Municipal Parking Zones is hereby amended by repealing the existing Paragraph 5 -5 -91) and replacing it with a new 5 -5 -91) to read as follows: D. Time Restriction: No vehicle shall be parked in any municipal parking zone for more than twenty -four (24) hours. 2. No vehicle shall be parked in any municipal parking zones between the hours of two o'clock (2:00) a.m. and five o'clock (5:00) a.m.: No vehicle shall be parked in any of the following municipal parking zones for more than three hours. Dempster and Austin -- north — cast and west Dempster and Birch — north — east and west Dempster and Fernald — south — east and west Dempster and Lincoln — south — east and west Dempster and Major — south — east and west — north — west Dempster and Mansfield — north — cast Dempster and Mason — north — east and west Dempster and Mead — north — east Dempster and Menard — north — east and west Dempster and New England —north — east and west Dempster and Parkside — north — east Dempster and School — south - west 5714 Dempster parking lot 5921 — 5831 Dempster parking lot 6055 — 606i Dempster parking lot Special permission for extended parking in municipal parking zones may be given 1 ny the Chief of Police or his designee. Any vehicle parked in violation of this section shall be considered an unlawful vehicle and shall be subject in addition to any other penalty to towing pursuant to Chapter 7 of this Title. SECTION 3. The Village Administrator, the Director of Public Works, and the Chief of Police and /or their designees are hereby directed and authorized to implement and enforce this ordinance and are directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 4. This Ordinance shall he in full force and effect upon its approval and publication. PASSED this 23 "1 day of April 2012. Trustee DiMaria Trustee Trustee Trustee "Trustee Trustee Gombe:g Great Marcus Thill Toth APPROVED by me this 23rd day of April 2011 Daniel J. Staackmann, Village Presidenf V illaue of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 20' day of April 2012. Tony S. Kaloeerakos, Village Clerk Village of Morton Grove Cook County. Illinois Legislative Surnmary Ordinance I2 -11 AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 2 ENTITLED "NO PARKING DURI.NG CERTAIN HOURS" AND TITLE 5, CHAPTER H. ARTICLE F, SECTION 3 ENTITLED "TIME LIMIT PARKING I. ZONES " OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced April 9, 2012 Objective To amend Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" and Title 5, Chapter 13, Article F, Section 3 Entitled "Time Limit Parkina Zones" of the I Municipal Code Purpose i To change the parking restrictions on Ferris Avenue to extend the time allowed for parking on the west side of Ferris Avenue during off -peak hours near its intersection with Lincoln Avenue to include Saturdays; Sundays and Holidays. Background Ordinance 1 1 -35 amended the Municipal Code to allow parking on the west side of Ferris Avenue near Lincoln Avenue. This parking restriction was intended to allow on- street parking during off- peak travel times on Ferris Avenue in order to provide additional parking for residents and a business. A business owner has requested the parking restriction he extended at this location to allow on- street parking during the off -peak travel times on Saturdays, Sundays and holidays. The existing parking restrictions have not manifested reports of safety or operational deficiencies at this location since being established in September 2011. The travel demand forecasted for the design of the intersection improvements at Lincoln Avenue and Ferris Avenue have got been and j do not seem likely to be realized in the foreseeable future. The Village may choose to rescind i parking restrictions at any time it is deemed to be in the best interest of the Village. Programs, Departs Public Works, Engineering Division or Groups Affected Fiscal Impact 1 $50 Source of Funds Woridoad Impact General Fund Account Number 025017 - 563130 Admin Recommend �f Approval as presented. Second Reading Required — Municipal Code Change — April 23, 2012 Special N/A Considerations or Requirements Respectfully submitted: R 11:11 Ad a H h Prepared by: �--- -, brie, t awe mnust,ator Pro Reviewed by: zwooez,% Tern � ,Andy Reviewed by: Chris Tomich, Village Engineer Teresa Director Public Works stun, Corporation Counsel AN ORDINANCE TO AMEND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 2 ENTITLED "NO PARKING DURING CERTAIN HOURS" AND TITLE 51 CHAPTER 13, ARTICLE F, SECTION 3 ENTITLED "TIME LIMIT PARKING ZONES" OF THE MUNICIPAL CODE OF 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, Ordinance I I -35 was passed on September 26, 2011, amending the Municipal Code to allow parking on the west side of Ferris Avenue from a point 150 feet north of the centerline. of Lincoln Avenue to a point 240 feet north of the centerline of Lincoln Avenue: WHEREAS, this parking restriction was intended to allow on- street parking during off -peak travel times on Ferris .Avenue which would provide additional parking for residents and a business: and WHEREAS, a business owner has requested the parking restriction be extended at this location to allow on- street parking during the off -peak travel times on Saturdays and Sundays; and WHEREAS, the existing parking restrictions have not manifested reports of safety or operational deficiencies at this location since being established in September 2011 ; and WHEREAS, the travel demand forecasted for the design of the intersection improvements at Lincoln Avenue and Ferris Avenue have not been and do not seem Likely to be realized in the foreseeable future: and WHEREAS, the Viliagc may choose to rescind narking restrictions at any time it is deemed to be in the best interest of the Village. 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 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" of the Municipal Code is hereby amended to delete the following restriction: 5-13F -2: NO PARKING.: DURING CERTAIN HOURS: There shall be no parking at the times listed below on any of the following streets; and the Director of Public Works or his designee shall place "no parking" signs in or at suitable places within the no parking zones herein established which specify the parking restrictions herein established: Street Between Side of Street Dav and Time Ferris Avenue A point 150 feet north of the centerline of Lincoln Avenue to a point 240 feet north of the centerline of Lincoln Avenue West 90 minute parking fi-om 8:00 A.M. to 6:00 P.M. daily except Saturday, Sunday and holidays SECTION 3: Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" of the Municipal Code is hereby amended to add the following restriction: 5- 13F -2: NO PARKING DURING CERTAIN H JRS: There small be no parking at the times listed below on any of the following streets; and the Director of Public Works or his designee shall place "no parking" signs in or at suitable places within the no parking zones herein established which specify the parking restrictions herein established: Street Between Side of Street Dav and Time Ferris Avenue A point 150 feet north of the West Midnight to 6:30 P.M. centerline of Lincoln Avenue daily except Saturday, to a point 240 feet north of the Sunday and holidays centerline of Lincoln Avenue SECTION 4: Title 5, Chapter 13, Article F, Section 3 Entitled "TIME LIMIT PARKING', ZONES" of the Municipal Code is hereby amended to add the following restriction: 5- 1317-3: TIME L11MIT PARKING ZONES: There shall be a time limit on parking on the following streets and at the following times within the zone specified herein and the Director of Public Works shall place "limited parking" signs in or at suitable places within the limited parking zones herein established which shall specify parking restrictions herein established: B. Ninety Minute Parking: Street Between Side of Street Dav and Time Ferris Avenue A point 150 feet north of the centerline of Lincoln Avenue to a point 240 feet north of the centerline of Lincoln Avenue West 90 minute parking from 6:30 P.M. to midnieht Monday through Friday and Saturday, Sunday and holidays SECTION 5: The Director of Public Works and /or his designee is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 6: This ordinance shall be communicated to residents adjacent to the parking restrictions via a letter, which shall be received as evidence of the passage and legal publication of this Ordinance. SECTION 7: This ordinance shall be in full force and effect upon its approval and pubiicalion. PASSED THIS 23`d day of April 2012 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill trustee Toth APPROVED BY ME THIS 23'd day of April 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 24"' day of April 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 32 -36 — — AUTHORIZING THE ANNUAL 3ULY 4 PARADE AND CLOSURE OF DEMPSTER STREET Introduced: April 23, 2012 Synopsis: 'This resolution will authorize the 2012 July 4 Parade on Dempster Street, Route 58, at 2:00 pm on Wednesday, July 4, 2012, which will require the closing of Dempster Street, Route 58, either partially or completely between Central and Ferris Avenues between 2:00 pm and 4:30 pm (Note: Because of the Dempster Street Construction, alternative use of Austin Avenue may be necessary. However, if Austin is used, the closure of Dempster at the Austin Avenue intersection will be required.). Purpose: The Illinois Department of Transportation requires the Village adopt a resolution i approving the closing of Dempster Street. 'The resolution also authorizes the Village Engineer to file an application through the Illinois Department of Transportation for the closing of Dempster Street, Route 58, from 2:00 pin to 4:30 pm on Wednesday, July 4, 2012, for the Annual July 4 Parade. Background: The July 4 Parade is a Morton Grove tradition, and each year a resolution is developed authorizing the parade and asstuning full responsibility for the i direction, protection, and regulation of traffic during the time the detour is in effect and allliabilities for damages of any kind occasioned by the closing of said state route. Programs, Departments Public Works — Placement of barricades and directional information or Groups Affected � Police Department — Enforcement and traffic control Fiscal Impact: Overtime associated with above activities I Source of Funds: General Fund dollars will be used to support the manpower and equipment costs I Workload Impact: I All Village Departments will provide their usual support for this activity Administrator Approval Recommendation: First Reading: None required Special Considerations or I None Requirements: j Respectfully submitted: Ryan J lorn page Administrator Pro Tem Prepared by: Reviewed by And eMonte, Public Works Director Teresa Hoffinad l /istpn. Corporation Counsel , / RESOLUTION 12 -36 FOURTH OF JULY PARADE CLOSURE OF DEMPSTER STREET WHEREAS, the Morton Grove Days C annual celebration on Monday, July 4, 2012, at WHEREAS, the parade will require the completely between Central Avenue and Ferris p.m.; and )mmission is planning a parade as part of its 2:30 p.m.; and closing of Dempster Street, either partially or Avenue from approximately 2:00 p.m. to 4:3C WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability involved in closing of said State Route. 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 Public Works Director will file an application with the Illinois Department of Transportation for the closing of Dempster Street on Wednesday, July 4, 2012, from 2:00 pm to 4:30 pin. SECTION 3: The Village will assume full responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said State Route. It is further agreed that efficient, all weather detours will be maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State Route. PASSED THIS' 3rd DAY OF April 2012, Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by nee this 23'd day of April 2012, Daniel J. Staackmann, Village President Village of Morton Grove Cool: County, Illinois APPROVED and FILED in my office this 20' day of April 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Le!istative Summary �- Resolution 12 -37 AL7HORIZATION TO EX'T'END A CONTRACT WITH G & L CONTRACTORS, INC. FOR THE MATERIAL HAULING PROGRAM Introduced: Objective: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: April 23, 2012 To authorize an extension of a existing contract with G &L Contractors Inc. that will end on May 15, 2012 The purpose is to extend the material hauling contract for an additional two years ending March 31, 2014, at the same teens and conditions as the original contract signed on March 7, '()11 In an attempt to generate cost savings by combining work scopes and quantities. The Public Works Department has partnered with other communities through the Municipal Partnering Program, in some instances realizing substantial savings. However, after the bid opening at 2:00 pm on March 14, 2012, located at the Glenview Finance Department. 'File bid for the Material Hauling Program came in incomplete and unable to meet all of Morton Groves's requirements and needs. For that reason we opted out of the Municipal Partnering Program. During conversations with the current vendor, G &L Contractors Inc. They agreed to honor (with the same pricing, teens and conditions) the original contract for an additional two years. In light of tile bid outcome from the Municipal Partnering program and an existing contract held at the same terms and conditions, Public Works recommends a contract extension. Public Works and Finance Departments A budget of $184,000 has been approved for 2012; however the final contract amount will be based on the actual quantity of materials delivered and removed. General and Enterprise Funds Implementation of the program will be done as part of the normal maintenance operations of the Public Works Department. Approval as presented. Not required. None Ryan Prepared by:,i.' Andy De Monte, D il{ ge Administrator Pro Tern Reviewed by: of Public Works Teresa Hoffinlaq iston, Corporation counsel r ,ff AUTHORIZATION TO EX'P'END A CONTRACT WITH G & L CONTRACTORS, INC. FOR THE MATERIAL HAULING PROGRAM WHEREAS, the Villaoeof Morton Grove (Village), located in Cook County, Illinois, is a home rule unit, of government under the provisions of Article exercise any power and perform any function pertai to the power to tax and incur debt; and WI IEREAS, at 2:00 pro on March 14, 2012, of the Municipal Partnering Program a bid opening WHEREAS, the results of that bid opening Groves's requirements and needs; and 7 of the 1970 Constitution of the State of Illinois, can ling to its government affairs, including but not limited atthe VillageofGlenview "s Finance Department as part for the Material Hauling Program was conducted:. and came in incomplete and unable to meet all of Morton WHEREAS, on March 7, 2011, the current contract (ending May 15. 2012) for the Material Haulino Program was signed with G &L Contractors Inc; and WHEREAS, G & L Contractors Inc. has agreed to honor the original pricing.. terms and conditions from the original contract for an additional two years ending March 31, 2014; and WHEREAS, it has been determined by staff to be in the best interest of the Village of Morton Grove, to extend the existing contract for an additional two years at the same pricing terms and conditions as the original contract. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY. ILLINOIS AS FOLLOWS: SECTION I: 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: That only the company listed and described on this Resolution for the. Material Hauling Program be approved in this Resolution. SECTION 3: The Village Administrator and Public Works Director of the Village of Morton Grove are hereby authorized to extend a contract with G & L Contractors Inc.. located at 7401 North Louis Avenue, Skokie, Illinois 60076. SECTION 4: This Resolution shall be in fill force and effect upon its passage and approval. PASSED this 23 `d day of April 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thi ll Toth APPROVED by me this 23`d day of April 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 24 "' day of April 20121 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois CONTRACTORS, INC. 7401 « Ave, v Skokie, c a > «.F (847: 67» ! Paul m:Orm x cE« Wom +m»2 :tom m( C Im I I lauting A e Exicusion 6k, :A cam. aem m »> : � it Ict , APril t2eee :2 March eE»yv« mgye W, sainc se on l contract i a: 11-11 Prcmdsml t Col m « Legislative Summar -y ORDINANCE 12 -13 AMENDING TITLE 10, CHAPTER 2 ENTITLED ELECTRICAL REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced April 23, 2012 Objective I 1 o amend Title 10, Chapter 2 "Electrical Regulations" of the Village Municipal Code. Purpose: The purpose of this ordinance is to adopt by reference the 2011 National Electric Code (NEC) with amendments. Background: The Village of Morton Grove has effectively utilized the Chicago Electric Code with appropriate amendments for many years. However, as technologv and equipment has evolved, such as, the regulations for charging stations for electric vehicles and wind and solar powered type systems the majority of the suburban communities have found it necessary to change to the National fire Protection Association's (NFPA) National Electric Code (NEC). In addition, the Village has entered into a contractual agreement with an outside agency for plan review and inspectional services. That agency maintains NEC certified inspectors and plan review personnel to complete the electrical portions of that work. This ordinance will assist the Village of Morton Grove in maintaining current and compliant electrical regulations for work conducted throughout the Village. This ordinance will update that portion of the Municipal Code relative to the electrical regulations themselves. Programs, Departments - Department of Building and Inspectional Services. or Groups Affected Fiscal Impact: None. This is an update to technical building codes Source of Funds: Not applicable. Workload Impact: I Minimal impact on plan review and inspector workload. Administrator Approval as presented. Recommendation: First Reading: Required Code Amendment Special Considerations or None Requirements: Administrator Prepared by: Approval Ze-c Ryan J. orne, Village Administrator Pro Tem Bill Porter, Building Commissioner Pro Tem Reviewed by: Teresa Hoffman Liston, Corporation Counsel AMENDING TITLE 10, CHAPTER 2 ENTITLED ELECTRICAL REGULATIONS OF THE MUNCIPAL CODE OF 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 is continually in the process of reviewing, and as necessary, updating existing Municipal Ordinances; and WHEREAS, as part of that review process, Title 10, Chapter.) entitled, "Electrical Regulations" has been reviewed and is in need of updating to reference the current model electrical codes; and WHEREAS, the Village is desirous of assuring all ordinances are kept current and relevant. 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 10, Chapter 2, entitled "ELECTRICAL REGULATIONS" of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the chapter in its entirety and replacing it with a new Title 10, Chapter 2, to read as follows: CHAPTER 2 ELECTRICAL REGULATIONS SECTION: 10 -2 -1: Electrical Code Adopted 10 -2 -2: Code Amendments 10 -2 -3: Electrical Fees 10 -2 -4: Penalty 10 -2 -1: ELECTRICAL CODE ADOPTED: There is hereby adopted for the purpose of prescribing regulations governing installation, alteration, and use of electrical equipment in the Village that certain code known as " National Electrical Code, NFPA 70"2011 edition as published by the National Fire Protection Association. (Ord 94 -4, 3 -14 -1994: Ord 99- 39,9- 13 -99: 12- ;date) The said National Electrical Code, NFPA 70 "2011 except as herein stated or modified, shall constitute by reference the Electrical Code of the Village of Morton Grove. If any provision of the "National Electrical Code, NFPA 70 ", 201 1 edition, is in conflict with any provision of any code, ordinance, rule, or regulation of the Village, the code, ordinance. rule, or regulation shall prevail and the conflicting provision of the "National Electrical Code, NFPA 70 ", 2011 edition, shall have no force or effect. (Ord 94 -4, 3 -14 -1994; Ord 99- 39,9- 13 -19K Ord 12- , date) 10-2-2: CODE AMENDMENTS: The electrical code adopted above is hereby amended or modified as hereinafter set forth: 324 Flat Conductor Cable: A. Article 250 Grounding. Amend by adding the following new Article: Article 250.123 Exterior Light Poles. Each new light pole shall be grounded by a separate copper grounding rod as well as an approved grounding conductor which shall originate in the electrical panelboard that supplies the power for the lighting pole. A separate ground wire shall bond the fixture head to the equipment grounding conductor and the grounding electrode conductor at a ground lug at the accessible hand hole. The grounding rod shall have a minimum length of eight feet (S') in length below glade and shall be no less than five - eighths inch (5 /8") in diameter. E. Article 300.4 Protection Against Physical Damage. Amend by adding the following new Article: Article 300.4(G): All wiring for circuits under fifty (50) volts in non- accessible areas. or, accessible areas less than eight feet (g') above the finish floor shall be installed in electrical metallic tubing. Wiring may be run exposed in accessible areas such as, but not Limited to, spaces above dropped ceilings, attic spaces and crawl spaces provided it has been properly installed and fastened. C. Article 310.1 Scope. Amend by adding the following sentence to the end of the Article: "All conductors /wiring shall be copper conductors. Conductors made of any other material, including aluminum, shall not be permitted, and all references to conductors other than copper conductors shall be deemed as being deleted from this code." D. Delete the following Articles in their entirety: Article 320 Armored Cable: Type AC. Article 324 Flat Conductor Cable: Type FCC. Article 326 Integrated Gas Spacer Cable: Type IGS. Article 330 Article 332 Article 334 Article 338 Article 362 Article 382 Article 394 Article 396 Article 398 E. Article 340.10 Uses Metal -Clad Cable: Type MC. Mineral - Insulated, Metal- Sheathed Cable: Type MI, Nonmetallic- Sheathed Cable: Types NC, NMC, and NMS. Service - Entrance Cable: Types SE and USE. Electrical Nonmetallic Tubing: Type ENT. Nonmetallic Extensions. Concealed Knob- and -Tube Wiring, Messenger Supported Wiring. Open Wiring on Insulators. 'ermitted. Amend by deleting Items No. 3 and 4 in their entirety F. Article 352.10 Uses Permitted. Delete in its entirety and in lieu thereof substitute the following new Article 352.10: Article 352.10 Uses Permitted. PVC conduit is permitted for underground usage in exterior locations only. 10 -2 -3: ELECTRICAL FEES: Electrical permit fees shall be calculated using the schedule in Article I O -A. (Ord 99- 39,9 -13 -1999) 10 -2 -4: PENALTY: Any person violating or who shall willfully fail or refuse to comply with the provisions of this Chapter shall be deemed guilty of an offense punishable, upon conviction, by a fine of not less than seventy -five dollars (575.00) nor more than seven hundred fifty dollars ($750.00) for each offense. and a separate offense shall be deemed committed on each day during or on which violation occurs or continues. (Ord 99 -39, 9 -13 -) 999) 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 14 °i day of May 2012. Trustee Toth Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill APPROVED BY ME THIS 14 °i day of May 2012. Daniell. Staackmann. Village President Village of Morton Grove Cook County, Illinois ATTESTED and PILED in my office This 14"" day of May 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Surnmary . ORDINANCE 12 -14 — AMENDING TI'T'LE 10, CHAPTER 1 ENTITLED BUILDING CODE OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced April 23, 2012 Objective To amend Title 10, Chapter I `Building Code" of the Village Municipal Code, Purpose: The purpose of this ordinance is to adopt by reference the 2011 National Electric Code (NEC) with amendments. Background: The Village of Morton Grove has effectively utilized the Chicago Electric Code with appropriate amendments for many years. However, as technology and equipment has evolved, such as, the regulations for charging stations for electric vehicles and wind and solar powered type systems the majority of the suburban communities have found it necessary to change to the National Fire Protection Association's (NFPA) National Electric Code (NEC). In addition, the Village has entered into a contractual agreement with an outside agency for plan review and inspectional services. That agency maintains NEC certified inspectors and plan review personnel to complete the electrical portions of that work. This ordinance will assist the Village of Morton J Grove in maintaining current and compliant electrical regulations for work conducted throughout the Village. This ordinance will update that portion of the Municipal Code relative to the building code where electrical regulations are referenced. Proarams, Departments i Department of Building and Inspectional Services. or Groups Affected Fiscal Impact: None. This is an update to technical building codes Source of Funds: i Not applicable. Workload Impact: Minimal impact on plan review, and inspector workload. � Administrator Approval as presented. Recommendation: First Reading: Required —Code Amendment Special Considerations or None Requirements: 41orne, Administrator Approval Rya Vi lage Administrator Pro Tern Prepared by: Bill Porter, Building Commissioner Pro Tern Reviewed by: Teresa Hoffman piston, Corporation Counsel ORDINANCE 12 -14 AMENDING TITLE 10, CHAPTER I ENTITLED BUILDING CODE OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILL,AGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1470 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 is continually in the process of reviewing and, as necessary, updating existing Municipal ordinances; and WHEREAS, as part of that review process, Title 10, Chapter I entitled, "BUILDING CODE" has been reviewed and in need of updating; and WHEREAS, being the Village is desirous of assuring all ordinances are kept current and relevant. 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 10, Chapter I of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Chapter in its entirety and replacing it with a new Title 10, Chapter I entitled, "BUILDING CORE" to read as follows: CHAPTER I BUILDING CODE SECTION: 10 -1 -1: Adoption of Building Codes 10 -1 -2: Building Permit Provisions 10 -1 -3: Construction Activity Restrictions 10 -1 -4: Demolition and Construction Waste 10 -1 -5: Damaged Buildings 10 -1 -6: Grade Standards 10 -1 -7: Building Permit and Plan Review Fees 10 -1 -8: Penalties 10-1 -1: ADOPTION OF BUILDING COMES: A. Building, existing building, one and two - family dwelling, and mechanical codes adopted: There is hereby adopted by the Village, the 2003 Edition of the International Building Code, the 2003 edition of the International Existing Building Code, the 2003 edition of the International Residential Code for One and Two - Family Dwellings includingAppendicer A, I3, and K, the 2003 edition of the International Fuel Gas Code including Appendices A and B, and the 2003 edition of the International Mechanical Code as published by the International Code Council, Inc., as the building and mechanical codes of the Village for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, conditions and terms of such building codes are hereby incorporated by reference and made a part of this Code and shall be applicable and controlling within the limits of the Village. (Ord. 84 -12, 3- 26-84; Ord 93 -41, 10- 25 -9); Ord 99 -37, 9 -13 -1999; Ord 07 -13, 04 -09 -2007) If any provision of the above referenced codes is in conflict with any provision of any code, ordinance, rules, or regulations of the Village, the code, ordinance, rule, or regulation shall prevail and the conflicting provision of the above referenced codes shall have no force or effect. (Ord 07- 13,04 -09 -2007) B. ,Amendments International Building Code. The following sections are deleted from the building code adopted above: 105.2- Work exempted from permit; building, numbers 1,2,4,6 112.0- Board of Appeals 1805.4.3 - Masonn� -unit footings 1805.4.5 - Timber Footings 1805.4.6 - Wood Foundations 1805.5- Hollow and solid masonry foundations (plain and reinforced concrete is allowed.) 1809.1 - Timber Piles Chapter 29 - Plumbing Systems 2. International Building Code. The following sections are amended. l 01.4.1 - Electrical. Delete reference to ]CC Electrical Code where ever it occurs in the building code and insert National Electrical Code, NFPA70 Codc as referenced in 10-2- 1 101.4.4 - Plumbing. Delete reference to ICC Plunahing Code where ever it it occurs in the building code and insert Illinois Plumbing Code as referenced in 10 -3 -1. 406.1.4 - Separation. Delete item 3; replace with, Garage and carport floors shall be at least four inches below any interior openings to the building. 406.2.7 - Mixed separation. Add new sentence, Parking garage floors shall be at least four inches below any interior openings to the building. Table 503 - Allowable. Height and Building Area. Add footnote "d" to the heading Type III and add footnote "e" to the heading Type V; and the following Footnotes text to the bottom of the table: d. Type III construction shall not be permitted within any C or M zoning district, except for accessory structures. e. Type V construction shall not be permitted within any C or M zoning district, except for accessory structures. 3301.3 —Add new paragraph. Construction site fencing. All construction sites other than accessory structures, including buildings constructed under provisions of the ]CC Residential Building Code, shall be enclosed with a chain -link fence at least six feet high. 3305.1 — (Sanitary) facilities required. Delete and replace with, Toilet facilities shall be provided for construction workers and such facilities shalt be maintained in a sanitary condition. Construction worker toilet facilities of the non -sewer type shall conform to ANSI Z43 3307.2 — Add new paragraph. Shoring required. All excavations deeper than a 45 degree angle from a property line must be shored. Shoring shall be constructed no closer than 12 inches from the property line. Minimum shoring shall consist of 4 inch x 4 inch x '/4 inch steel angle at 48 inches on center with at least 2x6 inch lumber between steel angles. The steel angles steal l be driven a minimum of 42 inches into undisturbed soil measured from the lowest point of the excavation. The minimum height of the shoring shall not be lower than the 45 degree angle and maintained until backfilled. Other recognized shoring techniques shall be permitted as allowed by section 104.11. 3. International Residential Code. The following sections are deleted from the one and two family dwelling code adopted above. R 105.2 — Work exempt from permit. Items 1.2, 1,5 RI 12 — Board of Appeals R402.1 - Materials - Wood Foundations R403.2 - Footings for wood foundations R404.1 — Concrete and masonry foundation walls. Delete all reference to masonry foundation walls (plain and reinforced concrete is allowed.) R404.2 - Wood Foundation Walls Part VII — Plumbing (See Municipal Code 10 -3 for plumbing regulations) Part VIII - Electrical (See Municipal Code 10 -2 for electrical regulations) 4. International Residential Code. The following sections are amended. R309.1 — Opening protection. Change minimum door thickness to l 1/ inches. 8309.2— Separation required. Drywall shall be not less than 518 inch applied to the garage side. Garage and carport floors shall be at least four inches below any openings to the residence. 8324 — Safeguards During Construction (new section) R324.1 Genera,. Construction site safeguards shall be provided in accordance with International Building Code, Chapter 33. I nternational Mechanical Code. Delete the following from the mechanical code adopted above. 109 —Board of Appeals. Delete entire section 102.8 — Referenced codes and standards. Delete reference to ICC Electrical Code where ever it occurs in the mechanical code and insert National electrical Code, NFP,4 70 Code as referenced in 10 -2- 1. Delete reference to ICC Plumbing Code where ever it occurs in the mechanical code and insert Illinois Plumbing Code as referenced in 10 -3 -1. 6. International Existing Building Code. Delete the following from the existing buildings code adopted above. 102.4 - Referenced codes and standards. Delete reference to ICC Electrical Code where ever it occurs in the existing buildings code and insert National Electrical Code. NFPA 70 Code as referenced in 10 -2 -1. Delete reference to ICC Plumbing Code where ever it occurs in the existing buildings code and insert Illinois Plumbing Code as referenced in 10 -_ - . 105.2 — Work exempt from permit, Building; number 1. 112— Board of Appeals. 7. international Fuel Gas Code. Delete the following from the fuel gas code adopted above. 109(FGC) — Means of Appeal. 1018 — Referenced codes and standards. Delete reference to ]CC Electrical Code where ever it occurs in the fuel gas code and insert National Electrical Code, NFPA 70 Code as referenced in 10 -2 -I. Delete reference to ]CC Plumbing Code where ever it occurs in the fuel gas code and insert Illinois Plumbing Code as referenced in 10 -3 -1. (Ord 93 -41, 10- 25 -93; Ord 99 -37, 9 -13 -1999; Ord 07 -13, 04 -09 -2007) C. Residential Garages and Driveways Detached Frame Garages Floors shall be at least four inches (4 ") of wire reinforced concrete on five inch (5 ") sand or gravel fill: all sod and vegetation shall be removed. The floor perimeter /foundation shall be poured concrete at least twenty inches (20 ") wide and to a depth at least ten inches (10 ") below grade. Walls shall be two inch by four inch (2" x 4 ") studs on sixteen inch (16 ") centers. Corners shall be double 2" x 4" studs. Rafters shall be able to support live loads of thirty pounds per square foot (30 psf). Garage door headers shall be at least double 2" x 10" for opening widths up to twelve feet (12'); headers shall be at least double 2" x 12" for opening widths from twelve feet (12') to sixteen feet (16'). 2. Detached Brick Garages Foundations shall be at least inches (8 ") thick and sixteen forty two inches (42 ") below similar to detached frame ga eight inches (8 ") wide with a formed footing at least eight inches (16 ") wide; bottom of the footing shall be at least grade. Floor, roof, and door header construction shall be ages. Attached Garages Foundations shall be at least eight inches (8 ") wide with a formed footing at least eight inches (8 ") thick and sixteen inches (16 ") wide; bottom of the footing shall be at least forty two inches (42 ") below grade. Roof and door header construction shall be similar to detached garages. Walls and ceilings shall have at least a one hour fine resistance rating. Doors between the garage and residence shall be 20 minute fire resistance rated (1 -3/4" solid core wood doors are acceptable). Floor construction shall be similar to detached garages; garage floor shall be at least four inches (4 ") below any openings to the residence. Roof Overhang Roof overhang shall not exceed twenty percent (20 %) of the side yard width. For required side yard widths see Title 12, Zoning. (Ord 93 -41, 10- 25 -93) Concrete for garage floors and foundations shalt have a minimum compressive strength of 3,000 psi at 28 days (5 bag mix). D. Driveways Driveways inside lot lines shall be constructed using concrete with a minimum five inch (5 ") thickness and one layer of 6" x 6 "/ 10 -10 woven wire mesh. Driveway aprons and public sidewalks used as part of the drive- way shall be constructed with a minimum six inch (6 ") thickness; reinforcing is not allowed in the apron. Driveways shall be pitched to prevent water run -off onto adjacent property. (Ord 07-13,04-09-2007) 2. Concrete shall be placed over well compacted undisturbed soil with all top soil, vegetation, large rocks and other non- compactable debris removed. A minimum four inch (4 ") thickness of well compacted granular fill (CA -6 or better) shall be used where adequate undisturbed soil is not found. 3. Concrete shall have a minimum compressive strength of 4,000 psi at 28 days (6 bag mix). Control joints shall be tooled or saw cut into the concrete. 4. Expansion joints, equal in depth to the new concrete, shall be placed between new concrete and any existing concrete or masonry. Driveway entrances from a street shall be over a depressed curb and gutter for the entire driveway width. When required. the existing curb and gutter shall be comaietely removed and replaced with a depressed curb and gutter. 5. In lieu of concrete, asphalt with a minim urn two and one -half inch (2 -1/2 ") thickness (two inch [2 "] compressed) laid over a minimum six inch (6 ") thick crushed stone base may be used. E. Protection of Wood Trusses in Residential Construction: Wood trusses used in floors or roofs of residential buildings shall be part of a one hour fire resistance rated floor /ceiling or roof /ceiling assembly when the area below is a habitable space, including basements, or crawl space. Fire - resistance ratings shall be determined by a nationally recognized testing laboratory. (Ord 07 -13, 04 -09 -2007) I'. Central Air Conditioning Compressor and Heat Pump Installation., Replacement, or Relocation: 1. On one and two family residential properties, the compressor and /or fan unit shall be located on a concrete pad in the rear yard adjacent to tine principal structure; locations in required side yards are prohibited. Compressors and/or fan units shall not be located in required front yards, or in front of a line drawn through that part of the front facade of the principal structure closest to and paralleling the front property line. On corner lots. the compressor and /or fan unit shall not be located in the required side yard abutting a street, or in front of a line drawn through that part of the facade of the principal structure closest to and paralleling the side property line. Compressors and heat pumps shall be screened from view from streets adjacent to the lot. Screening shall consist of building walls and /or closely planted evergreens and other non- deciduous shrubbery. 2. On other properties abutting one and two family residential lots, compressors and /or fan units shall be located at least thirty feet (30') from the lot line abutting residential property. In any zonina district, the installation of an air conditioning compressor and /or heat pump on the roof of a structure shall be allowed provided. the structure is designed to support the additional load. Roof mounted equipment shall be screened from view front streets adjacent to the lot. 4. Installation and location of air conditioning systems equipped with water cooled condensers shall conform to Municipal Code Section 7 -4 -8. (Ord 92 -14, 3 -9 -92) G. Wood Shingles and Wood Shakes: Wood shingles and wood shakes used as a roof covering material shall be Class A or Class B fire resistant rated and listed by a recognized testing agency. (Ord 99 -37, 9 -13 -1999) 10 -1 -2: BUILDING PERMIT PROVISIONS: A. Required: It is hereby required that a permit be obtained in advance and that all other requirements of the Building Code, and other relative and applicable ordinance be complied with whenever a building or structure, or part or appurtenance thereof, located within the Village is erected, installed, altered, converted, remodeled, structurally repaired, moved, demolished, or its use or occupancy established, modified or changed. (1969 Code. §l 5 2.001) Subject to the provisions hereinafter set out in this paragraph. no electrical or plumbing work, wherein a permit is required under this Section, shall be performed by any person other than a registered electrician and registered plumber, respectively. The resident owner of a single - family dwelling may perform such work on their property, provided that such resident owner shall conform to the technical and workmanship standards of the building codes. (Ord 83 -241 11- 28 - &3; Ord 99 -37, 9 -13 -1999) B. Sealed Structural Drawings: Structural plans and specifications for multi family residential, commercial, and industrial buildings shat` bear the seal of an Illinois licensed architect or structural engineer as required by the "Illinois Architecture Act" and 'Illinois Structural Engineering Act ". (Ord 93 -41, 10- 26 -93) 2. Structural Plans and specifications for habitable spaces in one and two family dwellings, and nonhabitable accessory buildings over $20,000 in value shall bear the seal of an Illinois licensed architect or structural engineer. Information required with the seal.. including necessary signatures and dates, shall comply with the "Illinois Architecture Act" and "Illinois Structural Engineering Act ". (Ord 93 -41, 10- 26 -93; Ord 99 -37, 9-13 - 1999) 3. Climate and Geographic Design Criteria Wind speed: 90 mph Wind Exposure: Exposure Category B Snow load: 30 pounds per square foot, without modification Frost line depth: 42 inches Seismic Site Class: Class B (Ord. 93 -41, 10- 26 -93; Ord 99 -37, 9 -13 -1999; Ord 07 -13, 04 -09 -2007) C. Change of Use: No change of use or occupancy shalt be made in any building or structure that is not consistent with the last issued permit or certificate of occupancy for such building or stricture. D. Revocation: The Building Commissioner or the Village President may revoke a permit or approval issued in the event of any noncompliance or violation of the provisions hereof, or in the event there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. (1969 Code, § 152.001) E. Construction authorized by a valid building permit shall commence within six months froin the date of permit issuance. Once started, construction shall proceed in a diligent and workmanlike manner until all work authorized by the permit is completed, and where required, a certificate of occupancy is issued. hn residential zoning districts, roof coverings and exterior wall coverings shall be completed within six months from start of construction. In all other zoning districts, roof coverings and exterior wall coverings shall be completed within twelve months from start of construction. Requests for extensions to the above time limits may be granted by the Building Commissioner Upon receipt of a written request from the permit holder and a determination that the variation or extension is valid under the circumstances. (Ord. 93 -41, 10- 26 -93) F. Surveys. After the foundation of a new building or any addition to an existing building has been completed, the applicant shall fumish a survey prepared by a registered Illinois surveyor showing the dimensional location of such foundation including accurate dimensions of front yards, side yards, and rear yards; United States Geographical Survey (USGS) elevations of top of foundation and top of curb or crown of street. The required information may be shown upon a recertification of the Plat of Survey filed at the time the building permit was obtained. 2. Where a grading plan was required as part of the building permit, a final topographical survey shall be furnished by the applicant after the final grading is completed. The final topographical survey shall indicate the finished grade elevations at the identical points shown on the approved grading plan. (Ord 07 -13, 04 -09 -2007) 10 -1 -3: CONSTRUCTION ACTIVITY RESTRICTIONS: A. Use of Streets: The use of streets for the storage of materials in the process of construction or alternation of a building or structure may be granted where the same will not unduly interfere with traffic, and will not reduce the useable width of the roadway to less than eighteen feet (18'). No portion of the street other than that directly abutting on the premises on which work is being done shall be used, excepting with the consent of the owner or occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall file an application for a permit therefore, together with a bond with sureties to indemnify the Village for any loss or damage which may be incurred by such occupation. B. Night Operations: Construction generating loud noises shall be limited to the hours between seven o'clock (7:00) a.m. to six o'clock (6:00) p.m. Monday through Friday; eight o'clock (8:00) a.m. to six o'clock (6:00) p.m. Saturday; and shall be prohibited on Sunday and on the following holidays: New Year's Day, (January 1), Memorial Day (fourth Monday in May), T ndependence Day (July 4), Labor day (first Monday in September), Veteran's Day (November 11), Thanksgiving Day (fourth Thursday in November), and Christmas Day (December 25) except in cases of emergency or necessity in the interest of public health and/or safety. and then only with a permit granted by the building commissioner or his /her designee. Prohibited noise from do- it- yourself projects performed by the homeowner will be exempt from 7:00 a.m. until 8:00 p.m. Monday through Saturday and on Sundays and holidays from 9:00 a.m. until 8:00 p.m. (Ord. 93 -41, 10- 26 -93; Ord. 04 -22, 07- 26 -04; Ord, 05 -3 -, 7-11-05) C. Sidewalks: No sidewalks shall be obstructed in the course of building construction or alteration without a special permit; and whenever removal of a sidewalk is required in such work, a special permit shah be obtained. D. Safeguards: It shall be the duty of the person doing any construction, altering or wrecking work in the Village to do the same with proper care for the safety of persons and property. Warnings, barricades and lights shall be maintained whenever necessary for the protection of pedestrians or traffic; and temporary roofs over sidewalks shall be constructed whenever there is danger from falling articles or materials to pedestrians. 10 -1 -4: DEMOLITION AND CONSTRUCTION WASTE: A. All residential, commercial, and industrial sites where demolition, construction, or remodeling is underway shall have a roll -off type waste receptacle for depositing all construction waste and related non- garbage trash. B. Roll -off type waste receptacles shall be located on private property. Location of the receptacle shall not block egress doors or fire lanes. C. Where space does not allow locating the receptacle on private property, the receptacle may be placed in the public right -of -way provided the receptacle 1. does not block the public street; 2. does not block a fire hydrant; 3. is located in a Legal parking space if parked on a street; 4. is parked 12 inches or less from the curb; 5. has sufficient reflective stripes and lighting to identify the receptacle to motorists and pedestrians. (Ord 99 -37, 9 -13 -1999) 10 -1 -5: DAMAGED BUILDINGS: A. Construction Work: No person shall remodel or reconstruct any wooden building or structure, in the C or M zoning districts, which has been damaged or injured or become decayed to the extent of fifty percent (50 %) of its total value. B. Committee to Determine Damage: In the case of any decay, damage or injury to any such building, where a permit to reconstruct is sought, the President shall appoint an impartial person, who together with the Building Commissioner and the owner of the damaged building shall act as a committee to determine the extent of damage done. If this committee shall deteranine that the building is damaged to the extent of fifty percent (50 %) of its value, no permit for reconstruction or remodeling shall be issued. (t 969 Code, § 152.065) 10 -1 -6: GRADE STANDARDS: A. General Lot Grade Maximums: No lot shall be graded in such a manner as to raise the grade of such lot to any point higher than a continuous grade level between the grade of the lots on either side abutting such lot. No person shall change the grade of a vacant lot by depositing dirt, refuse, garbage or material of any nature whatsoever, without the approval of the Building Commissioner. If such change of grade shall take place without such approval, the owner or person in control shall be directed by the Building Commissioner to restore the grade of said lot. If, after ten (10) days' notice, such restoration shall not have been made, the Village Authority may enter upon said lot and restore the grade and bill the owner for the cost of restoring the grade. If such bill is not paid, the cost of restoration shall be collected in an appropriate action brought by the Village in any court of cornpetent, jurisdiction. B. Foundation Grades and Rules: All foundation grades shall be established in such a manner as to achieve the free, natural and unobstructed flow of surface water. 2. The Village Engineer shall from time to time promulgate detailed rules not inconsistent with this Section, for the purpose of determining foundation grades. Such rules shall become effective by filing same in the office of the Village Clerk and shall then have the force and effect as an ordinance of the Village. Every application for a building permit shall show the foundation grade and set forth a grading plan for the proposed construction, determined in accordance with the Section and rules established pursuant thereto. No building permit shall be issued unless such foundation grade and grading plan is in accordance with the provisions of this Section and rules issued hereunder. C. Subdivision Grade Plans: The provisions of Section 10 -1 -8 shall be supplemental to the requirements of Title 1 1, Subdivision Regulations of this Code respecting any subdivision approved pursuant to the provisions of Title 11. No building permit shall be issued by the Building Commissioner unless he has oil file an approved lot grading plan for such subdivision. D. Conformity with Lot Grading Plan: Every building constructed in a location for which a lot grading plan is on file, pursuant to the provisions of subsection 10 -1 -8C shall conform to said lot grading plan. It, during construction of any building, the Village Engineer finds that nonconformity with the lot grading plan on file is causing or is likely to cause flooding of any adjoining lot, the Engineer may issue a written order requiring compliance with such grading plan within ten (10) days. If such order is not complied with, the Village Engineer may issue an order stopping all work on such building. E. Compliance Required Prior to Occupancy Permit: No occupancy permit or other indication of approval of new construction shall be issued or given by the Building Commissioner unless and until all grade requirements set forth in this Section have been met. F. Altering Grade Levels: No grades within the Village shall be disturbed or otherwise altered, except as allowed pursuant to a permit issued by the Building Commissioner. No person shal l during the cause of construction alter or permit or cause to be altered the grade of any lot in any manner which will permit or cause the draining of said lot in a manner to cause flooding on an adjoining lot or otherwise change or divert the natural flow of water in a manner deleterious to any other property. (Ord. 79 -18, 6- 15 -79) 10-1-7: BUILDING PERMIT AND PLAN REVIEW FEES: Building permit fees shall be calculated using the schedule in Article 10 -IA. (Ord 99 -37, 9 -13 -1999) 10 -1 -8: PENALTY: Any person who violates a provision of this Chapter of fails to comply with any of the requirements hereof; or who shall erect, construct, alter or repair, or have erected, constructed, altered or repaired a building or structure, or portion thereof, in violation of a detailed statement or plan submitted and approved hereunder or of a permit or certificate issued hereunder; shall be guilty of a misdemeanor punishable by a fine of not less than seventy -five dollars ($75.00) nor more than seven hundred fifty dollars ($750.06), or by imprisonment not exceeding six (6) months. Also, the owner of abuilding or structure or portion thereof, or of the premises where anything in violation of this Section shall be placed or shall exist, and any architect, engineer.. builder, contractor. agent, person or corporation employed in connection therewith and who assisted in the commission of such violation shall each be guilty of a separate offense, and upon conviction thereof, shall be punishable by a fine of not less than seventy -five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00), or by imprisonment not exceeding six (6) months, A separate offense shall he deemed committed on each day during or on which a violation occurs or continues. In addition to the penalties herein prescribed, the corporate authorities may institute an appropriate action or proceeding at law or in equity to restrain, correct or remove such violation, or the execution of work thereon, or to restrain or correct the erection or alteration of, or to require the removal of, or to prevent the occupancy or use of, the building or structure or part thereof erected, constructed or altered, in violation of or not in compliance with the provisions herein or with respect to which the requirements hereof, or of any order or direction made pursuant to provisions contained herein, shall not have been complied with. (1969 Code, §152.00); Ord 90 -58, 10 -8 -90; Ord 99 -37, 9 -13 -1999) 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 14`' day of May 2012. Trustee Trustee Trustee Trustee Trustee Trustee Toth DiMaria Gomberg Grear Marcus Thill APPROVED by me this 14`' day of May 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County. Illinois APPROVED and PILED in my office this 14`" day of May 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County. Illinois L,e0slative Summary Ordinance 12 -12 — AUTHORIZING AGGREGATION OF AN ELECTRICAL' LOAD AND ADOPTING AN ELECTRIC AGGREGATION PLAN OF OPERATION AND GOVERNANCE Introduced: il April 9, 2012 Synopsis: This ordinance will authorize the Village to operate an electric aggregation program as an `opt - out program" for residential and small commercial retail customers. Purpose: The operation of an electrical aggregation program is anticipated to save Village residents and small businesses substantially for the purchase of electricity. Background: The State Legislature recently amended the Illinois Power Agency Act to allow municipalities to aggregate the electrical load (supplies) in order to obtain group pricing and hopefully group savings on the purchase of electricity. The law allows the Village to operate the program as an opt -out program (which will provide all residential customers and small businesses to be automatically part of the group purchase program but may opt -out if they so desire) so lone as a referendum is passed by a majority of residents. Village of Morton Grove voters have approved such a referendum on March 20, 2012. In order to proceed with the apt -out program, the Village has retained the services of Nimeek. The Village is also required by law to adopt an E;lecu-ical Power Aggregation Plan of Operation and Governance, and hold two public hearings on the aggregation. The two public hearings are scheduled for April 23 and May 14, 2011 This ordinance will adopt and approve the Electric Aggregation Plan Operation and Governance. It also gives the Village the opportunity to partner with other communities in order to achieve maximum savings for its residents. The Plan of Governance provides all applicable residential customers shall have universal access to the program and shall fully inform residents and small commercial retailers of their right to opt out of the program. T'he electric aggregation will occur automatically for each residential or small retail business customer unless they affirmatively opt - Iout of the program. in other words, residents do not need to do anything to take advantage of any savings achieved through this program. Programs, Departs f Administration and Legal Departments or Groups Affected Fiscal Impact: While there is no guarantee as to savings, other communities have been able to achieve a savings of up to thirty percent (30 %) of the cost of electrical supply for its residents and small businesses. Source of Funds: N/A Workload Impact: The Village Administrator and Corporation Counsel will oversee implementation of the plan, Admin Recommend: Approval as presented Second Reading: April 23, 2012 Special Consider or None Requirements: j Respectfully submitted: illage Administrator Pro Tem Prepared by: �✓ 1 "_" -- Teresa Hoffman Lei 0 � Corporation Counsel ORDINANCE 12 -I2 AUTHORIZING AGGREGATION OF AN ELECTRICAL LOAD AND ADOPTING AN ELECTRIC AGGREGATION PLAN OF OPERATION AND GOVERNANCE 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 Il linois, 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, recently the Illinois Power Agency Act, Chapter 20, Illinois Compiled Statutes, Act 3 855, added Section 1 -92 entitled Aggregation of Electrical Load by Municipalities and Counties (hereinafter referred to as the "Act "); and WHEREAS, under the Act, the Village may operate the Aggregation Program as an opt -out program for residential and small commercial retail customers if a referendum is passed by a majority vote of the residents pursuant to the Act's requirements; and WHEREAS, the Village submitted the question in a referendum on March 20, 2012. and a majority of the electors voting on the question voted in the affirmative; and WHEREAS, the Corporate Authorities hereby find it is in the best interest of the Village to operate the Aggregation Program under the Act as an opt -out program and to implement the program according to the terms of the Act. WHEREAS, the Act requires prior to the implementation of an opt -out electrical Aggregation Program by the Village, the Village must adopt an electrical power aggregation plan of operation and governance and hold not less than two (2) public hearings. WHEREAS, the Village will be holding the required Public Hearings for the Electric Power Aggregation Plan of Operation and Governance on April 23, 2012, and May 14, 2012, and providing the required public notice. 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 herein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities of the Village find and determine it is in the best interests of the Village to operate the Electric Aggregation Program under the Act as an opt -out program. SECTION 3: The Corporate Authorities of the Village hereby are authorized to aggregate in accordance with the terms of the Act residential and small commercial retail electrical loads located within the corporate limits of the Village, and for that purpose may solicit bids and enter into service agreements to facilitate for those loads the sale and purchase of electricity and related services and equipment SECTION 4: The Corporate Authorities of the Village are granted the authority to exercise such authority jointly with any other municipality or county and, in combination with two or more municipalities or counties, may initiate a process Jointly to authorize aggregation by a majority vote of each particular municipality or county as required by the Act. SECTION 5: The Aggregation Program for the Village shall operate as an opt -out program for residential and small commercial retail customers. SECTION 6: The Aggregation Program shall be approved by a majority of the members of the Corporate Authorities of the Village. SECTION 7: The Corporate Authorities of the Village with the assistance from the Illinois Power Agency shall develop a plan of operation and governance for the Aggregation Program and shall conduct such public hearings and provide such public notice as required under the Act. the Load Aggregation Plan shall provide for universal access to all applicable residential customers and equitable treatment of applicable residential customers, shall describe demand management and energy efficiency services to be provided to each class of customers and shall meet any requirements established by law concerning aggregated service offered pursuant to the Act_ SECTION 8: As an opt -out program, the Corporate Authorities of the Village shall fully inform residential and small commercial retail customers in advance they have the right to opt -out of the Aggregation Program. The disclosure and information provided to the customers shall comply with the requirements of the Act. SECTION 9: The occupying, controlling, or corporate limits of the Vil ordinance and the Act. electric aggregation shall occur automatically for each person owning. using an electrical load center proposed to be aggregated within the lage, sub ect to a right to opt -out of the program as described under this SECTION 10: The Corporate Authorities hereby grant the Village Administrator and /or his designee in writing the specific authority to execute a contract without further action by the Corporate Authorities and with the authority to bind the Village. SECTION 11: The Corporate Authorities hereby adopt the Electrical Power Aggregation Plan of Operation and Governance as set forth in Exhibit "A" attached hereto and made a part hereof as if fully set forth by this reference. SECTION 12: This ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. PASSED THIS 23`d day of April 2011 Trustee Trustee Trustee Trustee Trustee Trustee DsMaria Gomberg Grear Marcos Thiil Toth APPROVED BY ME THIS 23`d day of April 2011 Daniel J. Staackmann, Village President Village of Dorton Grove Cook County, Illinois ATTESTED and PILES in my office This 24`x' day of April 2012_ Tony S. Kalogerakos. Village Clerk Village of Morton Grove Cook County, Illinois MARCH 21, 2012 Village of Morton Grove Electric Power ,aggregation Plan of Operation and Governance INTRODUCTION Public Act 96 -1076 amended the Illinois Power Agreement Act by adding Section 1 -92 to Chapter 20, Act 3855 of the Illinois Compiled Statutes ( "the Act ") and allowed the Corporate Authorities of a municipality to adopt an ordinance in accordance with the Act to aggregate electrical loads for residential and small commercial retail customers within the corporate limits of the Village of Morton Grove on an opi -out or opt -in program. The Act further authorized a municipality to select suppliers of retail electric supply, solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services. The legislation authorized the Illinois Power Agency ( "IPA ") to assist a municipality in developing a plan of operation and governance. Large industrial and commercial consumers with sophisticated electric operations use their size and expertise to obtain lower electric power rates. Individual residential and small commercial retail consumers are typically unable to obtain significant once reductions since they lack the same bargaining power, expertise, and the economies of scale enjoyed by larger consumers. Aggregation, the combining of multiple electric loads, provides the benefits of retail electric competition for consumers with lower electric usage. Municipal aggregation, the combining of multiple retail electric loads of customers by a municipality, provides the means through which municipal residential and small commercial retail customers may obtain economic benefits of Illinois' competitive retail electric market. Tne Aggregation Program combines the electric loads of residential and small commercial retail customers to form a buying group ( "Aggregation Group "). The Village of Morton Grove ( "Village ") will act as purchasing agent for the Aggregation Group. Therefore, will be a Municipal or Governmental Aggregator, as described by Illinois law and the rules established by authorized agencies, and shall act on behalf of Commonwealth Edison Company, an affiliate of Exelon Corporation (herein referred to as "ComEd" or "Commonwealth Edison ") in the Village to obtain the best Aggregation Program for the Members of the Aggregation Group. PROCESS On March 20, 2012, in accordance with the reauirements of the Act, Village of Morton Grove voters approved a referendum to operate an Aggregation Program as an "opt -out" Program. Under the opt -out program, all ComEd residential and small commercial retail customers in the Village are automatically included as participants in the Program unless they opt -nut of the Program by providing written notice of their intention not to participate as a part of the Aggregation Group. As required by state law, the Corporate Authorities of the Village duly passed an Ordinance which authorized submitting to the Village's electorate the determination whether or not the Aggregation Program shall operate as an opt -out program. Following the approval of the referendum by the electorate, the Village passed Resolution 12 -18 on February 27, 2012, authorizing the Village to aggregate electric loads for residential and small commercial retail customers in the Village and implement an opt -out program. In addition to passing the required documents by the Corporate Authorities, the Village may also be required to comply with various rules and regulations established by authorized agencies of the State of Illinois. The Village will promptly file any application and comply with any applicable rules and regulations that may be required by Illinois law for certification as a Municipal Aggregator and to operate the Aggregation Program under the Act. As required by the Act, the Corporate Authorities developed and approved this Aggregation Plan of Operation and Governance ( "Plan "). Before adopting this Plan and as required by the Act, the Corporate Authorities duly published a notice in the Morton Grove Champion Newspaper, a newspaper of general circulation in the Village /City, of public hearings to be held on April 23, 2012, at 7:00 pm and May 14, 2012, at 7.00 pm. The public hearings were held by the Corporate Authorities at Village Hall and provided the residents of the Village of Morton Grove a meaningful opportunity to be heard regarding the Aggregation Program and this Plan. The Corporate Authorities considered the concerns of the residents and information disclosed at the hearings in the development of this Plan. Theopt-out notice for the Aggregation Program shall be provided in advance to all eligible electric customers in the Village upon approval of this Plan according to the opt -out disclosure program developed by the Village. The opt -out notice and disclosures shall comply with the Act and all applicable rules and regulations of any authorized agency in the State of Illinois and shall fully inform such customers in advance they have the right to apt -out of the Aggregation Program. The opt -out notice shall disclose all required information including but not limited to the rates, terms and conditions of the Program and the specific method to opt -out of the Program. By majority vote of the Corporate Authorities, the Village may select a Retail Electric Supplier ( "RES" or "Provider ") to provide the electric power for the Aggregation Program according to the terms of a written service agreement entered into by and between the Provider and the Village. By majority vote of the Corporate Authorities, the Village may determine not to enter into a service agreement with any Provider and in such event the Aggregation Group shall continue to purchase electric power through Commonwealth Edison. If the Corporate Authorities enter into a service agreement with a Provider, Commonwealth Edison will continue to provide and service delivery of the electricity purchased from the Provider, and metering, repairs and emergency service will continue to be provided by Commonwealth Edison. The Corporate Authorities have determined each participant in the Aggregation Group shall receive a single monthly bill from Commonwealth Edison under applicable tariffs. Ill. DEFINITIONS In order to clarify certain terminology, the following terms as used in this Plan shall have the meanings set forth below: Aggregation Group shall mean all the residential and small commercial retail customers of ComEd in the corporate limits of the Village have not opted out of the Program and are permitted under the terms of the Act to participate in the Program. Aggregation Program means the program developed and implemented by the or Program Village of Morton Grove, as a Municipal Aggregator under the Act, to provide ComEd residential and small commercial retail customers in the Village with retail eiectric generation services. Municipal Aggregator means the Village operating an ,Aggregation Program under the legislative authority granted the Village to act as an aggregator to provide a competitive retail electric service to residential and small commercial retail customers of ComEd in the Village. Pursuant to the Act, an Aggregator is not a public utility or an alternative retail electric supplier. Member means a arson or legal ..gal ..ntity enrolled in the Municipal Aggregation Program for competitive retail electric services and a member of the Aggregation Group. Retail Electric Suppiier means an entity certified by all required authorities of the State ( "RES" or "Provider ") of Illinois to provide competitive retail electric supply serviceis), and which is duly selected by the Village to be the entity responsible to provide the required retail electrical supply service related to an Aggregation Program as defined in the Act, Village Ordinances and applicable rules and regulations of any authorized agency of the State of Illinois and has duly executed a Power Supply Agreement with the Viiiage. IV. OPERATIONAL PLAN: A. Aggregation Servicns Provider: will use a competent entity as a Provider to perform and manage aggregation services for Members of the Aggregation Program. The Provider shall provide adequate, accurate, and understandable pricing, terms and conditions of service, including but not limited to no switching fees and the conditions under which a Member may opt -out without penalty. The Provider must provide the Village, upon request, an electronic file containing the Members usage, charges for retail supply service and such other information reasonably requested by the Village. Z. Database: The Retail Electric Supplier shall create and maintain a secure database of all Members. The database will include the name, address, Commonwealth Edison account number, and Retail Electric Suppliers' account number of each active Member, and other perinent information such as rate code, rider code (if applicable), most recent twelve (12) months of usage and demand, and meter reading cycle. The database will be updated at least quarterly. Accordingly, the Provider will develop and implement a program to accommodate Members who (i) leave the Aggregation Group due to relocation, opting out, etc. (ii) decide to join the Aggregation Group; (iii) relocate anywhere within the corporate limits of the Village, or (iv) move into the Village and elect to join the Aggregation Group. This database shall also be capable of removing a Member from the Aggregation Group who has duly opted out of the Program, The Provider will use this database to perform audits for clerical and mathematical accuracy of Member electric supply bills. The Provider will make the database available to the Village at any time the Village requests it. 3, Member Education: The Provider shall develop and implement, with the assistance of the Village, as the Village may determine in its soie discretion, an educational program that generally explains the Aggregation Program to all residential and small commercial retail customers in the Village and the Aggregation Group, provides updates and disclosures mandated by Illinois iaw and applicable rules and regulations, and implements a process to allow any Member the opportunity to opt out of the Aggregation Program according to the terms of the Power Supply Agreement. See Appendix "A" for further details. Customer Service: Provider shall hire and maintain an adequate customer service staff and develop and administer a written customer service process that will accommodate Member inquiries and complaints about billing and answer questions regarding the Aggregation Program in general. This process will include a description Mf how telephone inquiries will be handled, either internally or externally, how invoices will be prepared, how Members may remit remittance payment, and how collection of delinquent accounts will be addressed. The Provider and the Village will enter into a separate customer service plan agreement or the terms shall be included in the Power Supply Agreement, Billing: Commonwealth Edison will provide a monthly billing statement to each Member which shall include the charges of the Provider, and the Provider will not charge any additional administrative fee. e. Compliance Process: The Provider shall develop internal controls and Processes to ensure the Village remains in good standing as a Municipal Aggregator and ensure the Village and the Program complies with the Act and all applicable laws, rules and regulations, as they may be amended from time - to-time. It will be the Provider's responsibility to timely deliver reports at the request of the Village that will include (i) the number of Members participating in the Program; (ii) a savings estimate or increase from the previous year's baseline; (iii) such other information reasonably requested by the Village; (iv) comparison of the Members' charge for the supply of electricity from one designated period to another identified by the Village. The Provider shall also develop a process to monitor and shall promptly notify the Village in writing of any changes or amendments to the Act or any caws, rules or regulations applicable to the Aggregation Program. Notification to Commonwealth Edison: The residential and small commercial retail customers of ComEd in the Village do not opt -out of the Aggregation Program will be enrolled automatically in the Aggregation Program by a Provider. Members of the Aggregation Group will not be asked to take affirmative steps to be included in the Aggregation Group. To the extent ComEd requires notification of participation; the Provider shall provide such notice to ComEd. The Provider will inform ComEd from time - to-time through electronic means any new members that it is enrolling into the Aggregation Group. 8. Plan Requirements Pursuant to the Act. the Provider selected by the Village and the Village shall: a. Provide for universal access to all applicable residential customers and equitable treatment of applicabie residential customers, b. Describe demand management and energy efficiency services to be provided to each class of customers; C. Meet any requirements established by law concerning aggregated service offered pursuant to the Act. 9. Solicitation of Bids: Pursuant to the requirements of the Act, the Process of soliciting bids for electricity and related services and awarding power supply agreements for the purchase of electricity and other related services by the Village, shall be conducted in the following manner: The Corporate Authorities of the Village may solicit bids for electricity and other related services. b. Notwithstanding Section 16 -122 of the Public Utilities Act and Section 2HH of the Consumer Fraud and Deceptive Business Practices Act, an electric utility that provides residential and small commercial retail electric service in the Village must, upon, request of the Corporate Authorities of the Village, submit to the requesting party, in an electronic format, those names and addresses of residential and small commercial retail electrical' retail customers in the Village are reflected in the electrical utilities records at the time of the request and such other information required by the Act or any applicable rule or regulation of an authorized Illinois agency. c. The Village, upon receiving customer information from an electric utility shall be subject to the limitations on the disclosure of that information described in Section 16 -122 of the Public Utilities Act and Section 2HH of the Consumer Fraud and Deceptive Practices Act, and an electric utility providing such information shall not be held liable for any claims arising out of the provision of information pursuant to this Section and the Act. B. Power Supply Agreement The Corporate Authorities of the Village and the Provider shall duly execute and enter into a Power Supply Agreement to sere the Aggregation Group. C. s Retail Electric Supolier The Village may require the Provider to satisfy each of the following requirements in the Power Supply Agreement: • Have sufficient sources of power to provide retail firm power to the Aggregation Group. • Maintain a license as a Federal Power Marketer with the Federal Energy Regulatory Commission. • Maintain a cetiflcation from the State of Illinois as a certified retail eieotric supplier and any and all other licenses or certifications required by Illinois law. • Register as a retail electric supplier with ComEd. • Maintain a Service Agreement for Network Integration Transmission Service under Open Access Transmission Tariff. • Maintain a Service Agreement under (Nark=' -based Rate I a riff. • Maintain the necessary corporate structure to sell retail firm power to the ComEd residential and small commercial retail customers in the Village and the Aggregation Group. • Maintain an Electronic Data Interchange computer network that is fully functional at all times and capable of handling the ComEd residential and small commercial retail electric customers in the Village and the Aggregation Group. • Maintain the marketing ability to reach all Con-1 residential and small commercial retail customers in the Village to educate them or the terms of the Aggregation Program and the Act. • Maintain a call center capable of handling calls from Members of the Aggregation Group. • Maintain a local or toll -free telephone number for customer service and complaints related to the Village's Aggregation Program. • Agree in a binding written agreement between the Village and the Provider to hold the Village financially harmless and fully indemnifying the Village from any and all finar iai obligations arising from supplying power to the Aggregation Group. • Satisfy the credit requirements of the State of Illinois and the Village. • Have the binding authority (to the satisfaction of legal counsel for the Village/City; to execute the Power Supply Agreement with the Village and be fully bound by all of its terms and conditions. • Assist the Village in filing all reports required by the Act and any apnficabie law, rule or regulation, as may be amended form time to time. • Assist the Village in developing a Consumer Education R;an. • Assist the Village in developing a smart -meter program D. Activation of Service After a notice is mailed to all residential and small commercial retail electric customers in the Village providing an opportunity to Opt out of the Program within a specific period of time, all customers who do not OPT out in writing will be automatically enrolled in the Program. Customer enrollment with the Provider will occur thereafter without further action by the customer on terms set forth in the Power Supply Agreement and according to the retail tariffs of Commonwealth Edison, Changes. Extension or Renewal of Service The Power Supply Agreement with the Provider will provide when service shall begin and end. If the Power Supply Agreement is extended or renewed, Members will be notified as to any change in rates or service conditions and other information required by law. The Power Supply Agreement shall describe the terms upon which a Member or non - member will be given an opportunity to opt into or out of the Program, and reasonable notice will be provided as required by the Act or any applicable law. Members who opt -out will also be notified of their right to select an alternate retail electric supplier and of their ability to return to Comcd provided supply service. F. Termination of Service in the event that any Power Supply Agreement is terminated for any reason prior to the end ofthe scheduled term, each Member of the Aggregation Group will receive prompt written notification of termination, of the Program at feast sixty (60) days prior to termination of service under the Agreement. If the Agreement is not extended or renewed, Members will be notified in a manner determined by the Village and any applicable law, prior to the end of any service. Members will also be notified of their right to select an alternate retail electric supplier and of their ability to return to ComEd provided supply service upon termination of the Agreement. G. Opt -In Procedures ComEd residential and small commercial retail customers will be automatically enrolled in the Aggregation Program after any opt -out period has expired, unless they timely call the Provider's 800 number andior return in writing a form to be provided notifying the Provider that they do not want to participate in the Aggregation Program. The Provider may provide special notice directly to categories of ComEd customers as the Village may direct, and inform such customers of specific potential consequences of their change from existing service from ComEd to the Program, including but not limited to (i) space heating customers, iii; Real Time (Hourly) pricing customers, (iii) customers using an electrical supplier other than ComEd or the Provider. Com"d residential and small commercial retail customers in the Village may request to join the Aggregation Group after the expiration of any enrollment period by contacting the Provider, who shall accept them into the Aggregation Program, subieet to written policies mutually agreed upon between the Village and the Provider in the Power Suppfy Agreement. The agreed upon policy shall be consistent with ComEd`s supplier enrollment requirements. Members of the Aggregation Group who move from one location to another within the corporate limits of the Village shall continue as a Member of the Aggregation Group. H. Opt -out Procedures ComEd residential and small commercial retai; customers in the Vifage may opt -out of the Aggregation Program at any time during the opt -out period. The Provider may or may not charge an early termination fee. Members of the Aggregation Group will be allowed to switch to a different electric supplier after the expiration of the opt -out period on the terms set forth in the Power Supply Agreement but at (east shall be allowed to opt -out every three years. Requirements for notification of intent to cot -out of the Aggregation Group shall be set forth in the Power Supply Agreement. Consumers who opt -out of the Aggregation Group will not be switched from their current supplier or their applicable to ComEd`s Standard Service Offer, until the consumer selects an alternate generation supplier. As required by the Act, it shall be the duty of the Village or the Provider if so provided in the Power Supply Agreement, to fully inform residential and small commercial retail customers in the Village in advance that they have the right to opt -out of the Aggregation Program. Such disclosure shall prominently state any charges to be made and shall include full disclosure of the cost to obtain service pursuant to Section 16 -103 of the Public Utilities Act, how to access it, and the fact that it is available to them without penalty, if they are currently receiving services under that section. As further required by the Act, the IPA shall furnish, without charge, to any resident of the Village, a list of all supply options available to them in a format that allows comparison of prices and products. Bid Process The Village may elect to hold an individual bid or participate in a group bid. If the Village ejects to participate in a group bid, the Citv/Village may use the northern Illinois Municipal Electric Collaborative Inc. ( "NIMEC ") to assist with the group bid. The Village will not delegate any signing authority to NIMEC or other entity, but will make its own decision to accept or reject their individual bid resulting from the group bid. Suppliers will present, individual bids to each community participating in the bid group. NIMEC will create an advisory group, representing and consisting of those communities participating in the bid, to determine the bid winner(s) on the day of the bid. NIMEC will then recommend that each Village accept the bid winner's individual bid for the Village. The Village will then decide to accept or reject their individual bid. Whether or not each community participating in the bid accepts or rejects their individual bid will have no impact upon the individual bids of the other communities. V. MISCELLANEOUS GOVERNANCE GUIDELINES A. The Corporate Authorities of the Village shall approve by an Ordinance passed by majority vote of the Corporate Authorities this Plan of Operation and Governance for the Aggregation program and any Amendments thereto. B. The Corporate Authorities of the Village shall contract with a Provider certified by the Illinois Commerce Commission for the provision of Competitive Retail Electric Service to file Aggregation Group. C The Corpo, ate Authorities of the Village will require any Provider to disclose any subcontractors that it uses in fulfillment of the services described above in the Power Supply Agreement. D, The Corporate Authorities of the Village will require the Provider to maintain either a toll -free telephone number, or a telephone number that is local to the Members, VI. LIABILITY The Village shall not be liable to participants in or members of the Aggregation Group for any claims, however stvied, arising out of the aggregation program or the provision or aggregation services by the Village or the provider participarhs or members in the aggregation group shall assert any such claims solely against the provider pursuant to the power supply agreement, under which such participants are express third -party beneficiaries. VII. INFORMATION AND COMPLAINT NUMBERS Copies of this Plan shall be available from the Village of Morton Grove free of charge. Members and residential and small commercial retail customers or ComEd may call information, Village Hall at 847/47/0-5220 for a copy of the Dian or for more to FS pendix "A" -- Education Process The Provider shall develop the educational program in conjunction with the Village. Its purpose will be to explain the Aggregation Program to its members, provide updates and disclosures as mandated by State law and the rules and regulations of any applicable Illinois agency, and provide the opportunity for the Members to Opt -out of the Aggregation Program, The following are components of the education program: 1. Eadh residential and small commercial retail customer of ComEd within the corporate limits of the Village will receive notification by U.S. Mail stating: what the municipal Aggregation Program means, the procedure which must be followed to Opt -out of the Aggregation Program, the estimated price of electricity for Member of the Aggregation Program, and the deadline for returning the Opt -out form. Sae sample letter attached, 2. The Provider shall cooperate with the Village to provide opportunities for educating residential and small commercial retail Cc customers in the Village about the Program and their rights under the applicable law and rules and regulations. In addition, the Provider and Village will cooperate to provide education about opportunities for energy efficiency measures to help Members reduce energy consumption. 3. The Provider will provide updates and disclosures to the Village and Members as mandated by State taw and applicable rules and regulations as amended from time -to -time. 12 Dear Village of Morton Grove Resident. Vi Rage of Morton Grove is providing you the opportunity to ioin other residents to save money on the electricity you use Savings are possible through governmental aggregation, where Village officials bring together citizens to gain group buying power nor the purchase of electn'cltY from a retail electric generation provider certified by the Public Illinois Utilities Commission. Viliao_ th voters approved this program in Novemoer 2D10. ` After researching cnmpetitive electricty pricing options i0ryou, we have chosen with savings on your electric generation through May 20`12. There is no cost f rgor enrollment and you will not be chaed aitle you switcning fee- You do not need to do anything to participate. ` Asa member of this aggregation, you are guaranteed to save_ percent off your Price to Compare. Your Price to Compare is essentially fha price you pay forelectnc generation from the utility and consists of generation and transmission related components, which are the costs associated with generating the power and delivering It through the transmission system - To estimate what your savings per kilowatt -hour (KWHj will be through this program, locate your Price to Compare on your electric bill. Divide your Price to Compare by 100, then multiply by 0_D_(_ /n) to tletermina your savings per MNR_ Multiply that number by your totai monthly usage- The final number is now much you can expect to save each month you use the same amount cf electricity. You will see your electric savinos from after your enrollment has been completed and your switen iras been finalized - approximately 30 - 45 days, depending upon your meter read date. Of course., you are not obligated to participate in the Village of Morton Grove's eieofric governmental aggreoaiion program. If you wish to be excluded from the omSram and remain a full- service customer of your Inca{ electric utility - Commonwealth Edison- you nave until 2012 to return the attached "opf -ou ' for) . If you do not opt out at this time, you will receive a notice at least every asking If you wish to remain in the program- If you leave the program at any other time, you could be subject to a oancellauon fee train and you might not be served under the same rates, terms and conditions that apply to other customers served by Commonwealth Edison. After you become a participant in this governmental aggregation program, Commonwealth Edison will send you a letter confirming your Selection of as your electric generation provider. As required by lav, . this enter will nfonn you of your option to rescind your enrollment with with adequate notice prior to the scheduled swltoh. To remain in file Village's governmental aggregation program. von can't need to take any action when finis letter arrives. Commonwealth Edison will continue to maintain the system that delivers power to your home - no new poles or wires will be built b1' You will continue to receive a single, easy -to -read bill from your local electric utility with your charges included, The only thing you'l: notice is savings, If you have any questions, please calf toll -free at 847/470-5220. Monday1hrough Friday. B3G am to 5 00 pro. Please do not call the Village of IViorfon Grove with aggregation program questions. Sincerely, Village of Mohan Grove P.5- To receive these savinos, you should net respond. Return the opf -out form only if you do not want Co padicipate in the Village's electric governmental aggregation program. Option 1 Do nothing and save. If you want to participate in this program and save, you do not need to return this form. Your enrollment is automatic. 12 Option 2: Car out by returning this form_ If you do not want to participate in this program, YOU must return this form before the due Date noMce, address Ply, state and zip) Phone number: Acmun; holaers signature. ?3 Legislative Surnrnary Resolution 12 -38 AUTHORIZING THE EXECUTION OF A CONTRACT FOR PAYROLL PROCESSING SERVICES Introduced: April 23, 2012 Synopsis: This resolution will authorize payroll processing be serviced by a qualified third party vendor. Purpose: To effectively process payroll in a timely, error -free manner. I Background: The Village realized that it would be cost effective and less burdensome if a third party payroll service will perform all payroll processing. Following a formal bid process, Village staff recommends utilizing Paylocity, of Arlington Heights, Illinois for the purposes of payroll processing. Paylocity has a good reputation and has been named to the Inc. 5000, a list of America's fastest growing privately held companies. I i Programs, Finance Department and all Village employees. Departments or Groups Affected Fiscal Impact: A single $1,995 start-up charge with fee of ,$17,000 per year. Source of Funds: N/A Workload Impact: The management and supervision of this program will be performed by Finance Department as part of their normal work activities I Administrator Approval as presented Recommendation: Second Reading: N/A Special None Considerations or Requirements: Respectfully submitted: Reviewed by: Teresa Hoffman Administrator Pro Tern Corporation Counsel Prepared by: g _ R en Finance Director Pro Tem RESOLUTION 12 -38 AUTHORIZING THE EXECUTION OF A CONTRACT FOR PAYROLL PROCESSING SERVICES 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, purchase, and incur debt; and WHEREAS, the Village desires to outsource the payroll function to a qualified third party vendor; and WHEREAS, the Village has conducted a recent study wherein some medium to small businesses, as well as other governmental entities have chosen to outsource their entire payroll processing; and WHEREAS, the Village evaluated the cost effectiveness of a third party payroll service as opposed to having two payroll clerks to perform all payroll tasks; and WHEREAS, the Village can eliminate the burden and reduce the stress of the Village's small accounting staff by hiring a third party payroll service which will get all Village employees paid in a timely manner as well as eliminate errors on paychecks; and WHEREAS, a qualifications based selection process was implemented wherein the Village solicited proposals from three (3) firms, and subsequently received pricing on those proposals which indicate the total annual cost, including a one -time implementation fee: Paylocity $ l 8,995 Ceridian $28,317 ADT $51,583 ; and WL-IEREAS, the proposals were evaluated, with consideration given for overall quality, total cost, and customer service levels: and WHEREAS, staff has investigated the qualifications of each vendor and each were deemed qualified and had the capability of integrating their services with the Village's financial software; and WHEREAS, Village staff has selected Paylocity, to perform all payroll functions such as: check printing, remittance advice slips, direct deposits, providing payroll ledgers for review, automatic deposit of tax refunds withheld, and providing year -end W -2; and WHEREAS, the Village and Paylocity have agreed on the cost of outsourcing Payroll in the amount of $ 1 7,000 a year and a one -time implementation payment of $1,995.00; and WHEREAS, a comparison of the fee charged by Paylocity is reasonably lower compared to the fees charged by other vendors that provide payroll services to other small businesses and similar sized municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF 19HE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I: 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 of Morton Grove is authorized to enter into a service agreement entitled: Paylocity Corporation Services Agreement (attached ). SECTION 3: The Village Administrator and Finance Director and /or their designees are hereby authorized to execute, and the Village Clerk to attest to the Paylocity Corporation Services Agreement. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 23rd day of April 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED by me this 23rd day of April 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 24`n day of April 2012. Tony S. Kalogerakos, Village Clerk V i llaae of Morton Grove Cook County, Illinois PAYLOCITY CORPORATION SERVICES AGREEMENT The CLIENT, The Village of Morton Grove is requesting Paylocity Corporation ( "Paylocity ") to provide CLIENT with payroll and related services as set forth in this Agreement. This Agreement encompasses the following General Terms and Conditions as well as the specific Terms and Conditions for the Services selected in the Services section below, all of which are incorporated as a material portion of the Agreement. TERMS AND CONDITIONS FEE STRUCTURE AND PAYMENTS 1. The fees included in the Paylocity Quote for Service will be effective for a period of one year from the date of execution of this Agreement. 2. Fees are subject to change upon notice to CLIENT. CLIENT agrees to allow Paylocity to debit from its account(s) on due date any and all fees due to Paylocity under this Agreement. CONFIDENTIALITY Paylocity agrees to keep confidential any information provided by the CLIENT to the same degree it would with respect to its own confidential information and will use said information solely for the purposes of payroll and related services processing. Paylocity will not disclose this information to anyone without the permission of the CLIENT, or unless required to do so pursuant to legal process. RESPONSIBILITIES 1. Paylocity will use due care in processing CLIENT's work, and shall be responsible for correcting errors which are caused by Paylocity equipment, processors, or employees in the course of their work. 2. Paylocity shall be responsible for the payment of any penalties and /or interest due resulting from errors or omissions committed by Paylocity while filing taxes on said CLIENT's behalf. 3. Paylocity will provide customer support from 7AM to 7PM CST daily, excluding weekends and Federal holidays. 4. Paylocity will make available to CLIENT all improvements, enhancements and modifications to its software as they are made generally available by Paylocity to its other CLIENTS. 5. CLIENT is solely responsible for the content and accuracy of all data input and then subsequently processed by Paylocity. CLIENT will submit to Paylocity its payroll and other data in a form, at a time and by the method specified by Paylocity. Because the accuracy of the payroll and other information is limited to the CLIENT's data. Paylocity is not responsible for CLIENT errors, wage and hour violations, employment discrimination, garnishment calculations or other employment policies which may violate the law. It is the CLIENT's responsibility to review the processed payroll and other information and to promptly identify any errors. If the data submitted to Paylocity is incorrect, incomplete, or not In proper form, then CLIENT agrees to pay Paylocity's additional charges then in effect for the corrections to said data. 6. Paylocity liability for any errors or omissions on its part shall be limited to actual damages incurred but under no circumstances, other than defined in part 2 of this section, shall exceed the charge for such service during the calendar year. PAYLOCITY CORPORATION SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR OTHER SIMILAR DAMAGES (INCLUDING LOST PROFITS) even if Paylocity has been advised of the possibility of such damages. Nothing in this Agreement creates or will be understood to create third party beneficiaries. CLIENT agrees that Paylocity has no obligations to third parties, including CLIENT'S employees and any third party agencies. 7. Except as specifically stated in the Agreement, the software, web site and services are provided "AS IS" and there are no warranties, expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. 8. Paylocity and CLIENT agree to abide by all applicable state, local and national laws in connection with the services. CLIENT agrees that they will not post to any application material that would be considered libelous, unlawful, inappropriate, offensive or disrespectful to others. 9. CLIENT will not also reverse engineer, disassemble, decompile or otherwise attempt to derive source code, trade secrets, or programming methods from the applications. 10. CLIENT agrees to indemnify and hold Paylocity harmless from all loss, damages and expenses (including reasonable attorney fees) in connection with any claim which may arise out of or as a result of a breach of this Agreement or the duties assumed by Paylocity under this Agreement. FUNDING 1. In regard to electronic funds transfers, CLIENT shall comply with and be subject to the Operating Rules of the National Automating Clearing House (NACHA) governing these methods of payment, as such rules shall. from time to time, be in effect among banks that participate in NACHA. CLIENT also acknowledges that, in order to put into effect the Services which include ACH transactions, CLIENT will be the Originator of the ACH transactions and will follow and be bound by the rules for ACH Originators as adopted from time to time by the NACHA. CLIENT agrees that it has assumed the responsibilities of an Originator under the ACH Rules and acknowledges that entries may not be initiated in violation of the laws of the United States. CLIENT agrees to indemnify and hold each Participating Bank and NACHA harmless from any claim incident to the operation of this plan arising from an act or omission of CLIENT. 2. For payrolls processed with total liabilities of less than $1 million, Paylocity, will debit CLIENTS bank account for all ACH transactions one day prior to check date and, as a result, requires all amounts to be available for withdrawal from CLIENT'S account at that time. In the event the total amount of funds are not available one banking day prior to check date, a $100.00 USD fee is to be charged to CLIENT. CLIENT will then have until 2:00 p.m. Central Standard Time (CST) on the date of notification to wire transfer these funds to Paylocity s bank account. 3. For payrolls processed with total liabilities of more than $1 million, Paylocity will require a wire transfer of funds one day prior to check date. 4. If CLIENT fails to pay the taxes, direct deposits, employee payments or other charges, including fees. then CLIENT agrees to pay Paylocity for all costs of collection, including reasonable attorney fees, which may be associated with collection of the amounts due. Paylocity also may, at its sole option, terminate this Agreement and withhold any work in progress. This is in addition to any other rights Paylocity may have under this contract or under law. To secure the CLIENT's payment of all charges due under this Agreement, CLIENT grants Paylocity the right to set off with any funds retained by Paylocity for purposes of remitting payments or making payments to CLIENT employees, taxing authorities or other third party agencies. Paylocity also reserves the right to reverse employee transactions and /or tax payments for which funds have not been received from CLIENT. OWNERSHIP Paylocity owns or licenses all rights, title and interest in and to the applications and the contents, including the software and documentation, Paylocity's trademarks, and all intellectual property rights in the foregoing (excluding portions of the Service provided by third party licensors). Software and services are made available only for CLIENT'S internal business purposes and are not transferable. TERMINATION OF SERVICES 1. CLIENT is to notify Paylocity in writing at least 60 days in advance of termination. Paylocity will assess a termination fee equivalent to 2 months of the average billed amount if CLIENT terminates service without 60 days advance notice. 2. Data can be accessed after termination for an annual fee of $3 per active employee with a minimum charge of $500. GENERALTERMS 1, This Agreement shall be construed according to the laws of the State of Illinois and constitutes the entire Agreement between the parties. No oral or other representations, warranties or agreements have been made in writing and signed by both parties. If any portion of this agreement is determined to be invalid, illegal or unenforceable, the remainder of the agreement shall nonetheless remain in full force and effect. 2. This Agreement may not be assigned by CLIENT to any third parties, other than successors. without the written consent of Paylocity. 3. Paylocity and CLIENT will not be responsible for failure to provide services or correct any condition beyond its reasonable control, including but not limited to any acts or omissions by any third party. 4. CLIENT understands that this Agreement may be considered as an application for credit and hereby authorizes Paylocity to review credit of CLIENT including reports from credit bureaus, references. bank account status and other available financial information. 5. If CLIENT adds a Service following execution of this Agreement, CLIENT agrees to be bound by these Terms and Conditions as well as the separate Terms and Conditions of that Service. SERVICES Please indicate the Services selected by having an authorized sioner initial in the space provided. CLIENT warrants that it has full power and authority to execute this Agreement and that it has chosen the Services initialed and has read and agreed to the Terms and Conditions for those Services contained in this Agreement. Direct Deposit CLIENT authorizes Paylocity to pay employees designated by CLIENT via Direct Deposit electronic funds transfer, amounts due and payable to them by CLIENT. CLIENT must retain and provide upon request copies of each employee authorization form for two (2) years after they expire. Bank Checks CLIENT authorizes Paylocity to pay employees designated by CLIENT via bank check drawn on a bank account maintained by Paylocity solely for this purpose. Tax Filing CLIENT authorizes Paylocity to perform payroll tax services that include the responsibility for tax deposits and timely filings of Federal, State and Local employment tax returns. Paylocity will serve as a "limited agent' for CLIENT in respect to tax filing, only for purposes of any required agency for deposits and filings with the Internal Revenue Service and /or any state reporting agency. Paylocity is not otherwise an agent of CLIENT, nor is Paylocity in partnership or otherwise affiliated with CLIENT'S business. CLIENT also grants Paylocity limited power of attorney to sign all obligatory and necessary forms to appropriate government channels and banks. CLIENT agrees to execute a "Reporting Agent Authorization" and "FEIN and State Info' in conjunction with using this service and agrees to provide timely information to Paylocity regarding changes in deposit frequencies and state unemployment rates in order for Paylocity to assume liability for any penalties and /or interest. Time and Attendance CLIENT authorizes Paylocity to make available the application for time tracking and reporting. Monthly billing will commence after training has been completed. Client will be billed for the first month in full. Benefits Administration CLIENT authorizes Paylocity to make available the application for CLIENT to administer employee benefits, updating and communications. Monthly billing will commence the earliest month upon which 1) five or more CLIENT users have logged into the system, 2) the date the system is made active for CLIENT employees or 3) the first of the month after ninety days from site creation. Applicant Tracking CLIENT authorizes Paylocity to make available the application for recruitment management. A user account is defined as a named licensed seat and is required to access this service. User accounts are not transferrable and are not allowed to be shared among users or provided to any third party or individual. Company Name The Village of Morton Grove Authorized Officer' Name Daniel J. Stoackmann Title Village President Print Authorized Officers Signature Date April 23, 2012 Le2isiative Summary RESOLUTION I2 -40 TAX ABATEMENT RESOLUTION FOR TAX LEVY RELATING TO ORDINANCE NO 99 -1 Introduced: April 23, 2012 Synopsis This resolution authorizes the abatement (reduction) of taxes levied for tax years 2011, 2012 and 2013 which are collected in the years 2012, 2013 and 2014 in the amounts of $1,848,520, $1,847,240 and $1,846,190: respectively. Purpose: The Village has chosen to pay for certain semi - annual bond debt service payments from sources other than property taxes. In order for the County Clerk not to levy said debt service payments, it is necessary to pass this resolution and to file a certified copy of same with the County Clerk of Cook Cormty, Illinois. Background: On February 8, 1999, pursuant to Ordinance 99 -1, the Village Board issued $15,495,000 in general obligation bonds, Series 1999. Said ordinance provided the levy of taxes for the years 2011, 2012 and 2013 include sufficient funds to produce $1,848,520, $1,847,240 and $1,846,190 which represents the debt service payments for 2012, 2013 and 2014, respectively. On March 23, 2009, pursuant to Ordinance 09 -05, the Village Board issued refunding bonds in the amount of $7,650,000, Series 2009, to refinance the remaining Series 1999 Bonds. However, despite the refundin(, Cook County will continue to levy taxes as provided for in Ordinance 99 -1. Therefore, a Resolution abating the debt service for the Series 1999 Bonds is required. After abatements the net levy for the 1999 Bond Series is ZERO $0 for the remaining term of the bonds. Programs, Departments Finance Department or Groups Affected Fiscal Impact: This resolution shall reduce the levy for property taxes for the years 2011, 2012 and 2013 by the amount of $1,848,520, $1,847,240 and $1,846,190, respectively. Source of Funds: N/A Workload Impact: The filing of this resolution with the County Clerk of Cook County, Illinois will be I done by the Finance Department as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: I None required. Special Considerations None or Requirements: Respectfully submitted R yap .l. Horn , Vi ge Administrator Pro Fein Prepared by:r Remi P arrete, Finance Director Pro Tem Reviewed by: Teresa Hoffman Liston, Corporation Counsel TAX ABATEMENT RESOLUTION FOR THE 2011 TAX LEVY, 2012 TAX LEVY AND 2013 TAX LEVY RELATING TO ORDINANCE NO. 49 -1 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 has issued FIFTEEN MILLION FOUR HUNDRED NINETY -FIVE THOUSAND DOLLARS ($15,495,000), General Obligation Bonds Series 1999 providing financing for the acquisition and construction of capita] improvements to the existing infrastructure and to refund prior bonds issued, Series 1994, dated May I, 1994, and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 1998 through 2014 at an interest rate from 4.10% to 6.00% inclusive, pursuant to Ordinance 99 -1, passed by the President and Board of Trustees of said Village on February 8, 1999, certified copy of said ordinance having been filed in the Office of the County Clerk on February 10, 1999; and WHEREAS, said note is designated as "General Obligation Bonds, Series 1999" dated February 1, 1999, in the aggregate principal amount of FIFTEEN MILLION FOUR HUNDRED NINETY -FIVE THOUSAND DOLLARS ($15,495,000), and shall be due and payable on December 1, 2014, having installment payments due semi- annually on June 1 and December 1 through 2014. WHEREAS, provision has been made in said ordinance for the levy of taxes 'foe the year 2011 sufficient to produce the amount of ONE MILLION EIGHT HUNDRED FORTY -EIGHT THOUSAND FIVE HUNDRED TWENTY DOLLARS ($1,848,520), for said payment of principal and interest on said note up to and including December 31, 2012; and WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2011 sufficient to produce the amount of ONE MILLION EIGHT HUNDRED FORTY -SEVEN THOUSAND TWO HUNDRED FORTY DOLLARS ($1,847,240), for said payment of principal and interest on said note up to and including December 31, 2013; and WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 201 1 sufficient to produce the amount of ONE MILLION EIGHT HUNDRED FORTY -SIX THOUSAND ONE HUNDRED NINETY DOLLARS ($1.$46,190), for said payment of principal and interest on said note up to and including December 3 1, 2014; and WHEREAS, the Village had approved Ordinance 94 -20 on May 16, 1994, providing for an increase in its existing Local Option Sales Tax by 1(4 of 1% (25 %) or from % of 1% (.50 %) to 314 of 1% (.75 %); and WHEREAS, it is the intent of the Village to utilize the proceeds from the increase in the local option sales tax to make the debt payments from the above mentioned bond issue into the Debt Service Fund. 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 heremabove set forth. SECTION 2: There shall be abated for the levy of taxes for the following: Tax year 2011 for taxes which are collected in 2012 in the amount of ONE MII_,LION EIGHT HUNDRED FORTY - EIGHT THOUSAND FIVE HUNDRED TWENTY DOLLARS ($1,848,520); Tax year 2012 for taxes which are collected in 2013 in the amount of ONE MILLION EIGHT HUNDRED FORTY -SEVEN THOUSAND TWO HUNDRED FORTY DOLLARS ($1,847.240); Tax year 2013 for taxes which are collected in 2014 in the amount of ONE MILLION EIGHT HUNDRED FORTY -SIX THOUSAND ONE HUNDRED NINETY DOLLARS ($1,846,190); leaving the net property tax levy with respect to Ordinance 99 -1 ZERO ($0), for said tax years as provided in an ordinance entitled: ORDINANCE 99 -1 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $15,495,000 GENERAL OBLIGATION BONDS. SERIES 1999 OF THE VILLAGE OF MORTON GROVE, COOK COUNTY. ILLINOIS. PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on February 8, 1999, certified copy of which was filed with the County Clerk of Cook County, Illinois, ou February 10, 1999. SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay said debt service payment as stated above from the Debt Service Fund, SECTION 4: The Village Treasurer is hereby directed to file with the County Clerk of Cook - County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 23`d day of April 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 23`d day of April 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 24`' day of April 2012. Tony S. kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois