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2014-12-01 - Village Board Regular Meeting - Agenda Packet
• VILLAGE OF VILLAGE OF `13uGr°u`ffalo BUFFALO GROVE Fifty Raupp Blvd Buffalo Grove,IL 60089-2196 Phone 847-459-2500 Fax 847-459-0332 Village Clerk Janet M.Sirabian STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I,Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that the attached meeting notice and agenda were posted inside the Agenda Board located outside the front door of the Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois at 4:00, P.M. on Wednesday, November 25, 2014 and thereafter were continuously viewable from the outside until said meeting and further were posted on the Village of Buffalo Grove's website for the purpose of compliance with the Open Meetings Act. Dated at Buffalo Grove, Illinois,this 25th day of November, 2014. M . (� Vill a Clerk By 4 VILLAGE OF Meeting of the Village of Buffalo GroveBuffalo Grove, Blvd uffalo Buffalo Grovee, IL 60089-2100 NA Low Groin Board of Trustees Phone:847-459-2500 j Regular Meeting December 1, 2014 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the October 27, 2014 Civics Forum B. Minutes of the November 3, 2014 Village Board Meeting C. Minutes of the November 17, 2014 Village Board Meeting 5. Approval of Warrant A. Presentation and Reading of Warrant #1239 6. Village President's Report A. Proclamation: National Drunk & Drugged Driving (3D) Prevention Month (Trustee Trilling) 7. Village Manager's Report 8. Special Business A. Public Hearing: Amendment of the Zoning Ordinance, Title 17, Pertaining to Pawn Shops and Resale Shops in the B-2 Business District. (Trustee Terson) 9. Reports from the Trustees 10. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). Consent Agenda: Ordinances and Resolutions A. Resolution No. 2014-27: A Resolution Regarding Corporate Personal Property Replacement Tax Distribution - 2015 (Trustee Berman) SUMMARY: This resolution is required as part of a past settlement of a class action suit brough by the Cook County State's Attorney regarding the use of tax proceeds by receiving taxing agencies in conformance with the Illinois Revenue Act. The Village is reconfirming by resolution that it has complied with the Act in the receipt and distribution of such funds in 2013. Village Board of Trustees-Agenda Page 1 B. Resolution No. 2014-28: A Resolution Approving an Agreement for Design Engineering Services for the 2015 Village Wide Contractual Street Improvement Project (Trustee Stein) SUMMARY: Staff recommends awarding a contract to Gewalt Hamilton for street improvement design engineering services not to exceed $46,100. C. Resolution No. 2014-29: A Resolution Requesting the County of Cook Not to Collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove (Trustee Ottenheimer) SUMMARY: The Clerk of Cook County has statutory authority to increase local tax levies in order to offset losses due to non-collection of property taxes. The Village has the option to direct the County Clerk to not collect these additional charges. The attached resolution requests that the non-collection balance not be extended in 2015. D. Resolution No. 2014-30: A Resolution Requesting the County of Lake Not to Collect the Loss in Collections on Taxable Property in the Village of Buffalo Grove (Trustee Ottenheimer) SUMMARY: The Clerk of Lake County has statutory authority to increase local tax levies in order to offset losses due to non-collection of property taxes. The Village has the option to direct the County Clerk to not collect these additional charges. The attached resolution requests that the non-collection balance not be extended in 2014. Consent Agenda: Unfinished Business None. Consent Agenda: New Business E. Certificate of Initial Acceptance and Approval: Burdeen's Jewelry Store (Trustee Stein) SUMMARY: The Village Engineer recommends that the Certificate of Initial Acceptance and Approval for the Burdeen's Jewelry Development be approved. F. Award of Bid: Contract Tree Trimming (Trustee Stein) SUMMARY: Staff recommends that the Village Board award a bid to Winkler Tree Service for a three-year tree trimming contract with the price not to exceed $100,322 annually for the duration of the contract. G.Authorization to Request Proposals -for Golf Course Maintenance (Trustee Ottenheimer) SUMMARY: Staff seeks authorization to request proposals for golf course maintenance services. All proposals will be compared with current costs to provide this service in-house in order to affect the most cost-effective method of service delivery. Village Board of Trustees-Agenda Page 2 e ' • H.Village of Buffalo Grove Police Pension Fund-Municipal Compliance Report for December 31, 2013 (Trustee Ottenheimer) SUMMARY: The Illinois Pension Code requires that the Police Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2014 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. This report was approved at the October 14th Police Pension Board Meeting. I. Village of Buffalo Grove Firefighters' Pension Fund-Municipal Compliance Report for December 31, 2013 (Trustee Ottenheimer) SUMMARY: SUMMARY: The Illinois Pension Code requires that the Firefighters' Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2014 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. This report was approved at the October 30th Firefighters' Pension Board Meeting. 11. Ordinances and Resolutions A. Ordinance No. 2014-76: An Ordinance for the Levy and Collection of Taxes for the Fiscal Year Commencing on the 1st day of January, 2015 and Ending on the 31st day of December, 2015 (Trustee Berman) B. Resolution No. 2014-31: Adopting the Fiscal 2015 (January 1 - December 31, 2015) Budget for the Village of Buffalo Grove (Trustee Berman) C. Ordinance No. 2014-77: An Ordinance Amending the Zoning Ordinance Concerning Pawn Shops and Resale Shops as Special Uses in the Business District. (Trustee Terson) D. Ordinance No. 2014-78: Ordinance Amending Chapter 5.46 of the Municipal Code - Pawnbrokers and Resale Dealers (Trustee Terson) E. Ordinance No. 2014-79: Approving amendment of a special use in the Industrial District, Max Training, 355 Hastings Drive (Trustee Ottenheimer) F. Ordinance No. 2014-80: Approving amendment of a Planned Unit Development, GW Property Group, 245 McHenry Road (Trustee Ottenheimer) G. Resolution No. 2014-32: Resolution Opposing Senate Bill 16 (President Braiman) 12. Unfinished Business 13. New Business A. Award of Bid: to Expedia Construction Corp for the Wall Panel and Skylight Project (Trustee Stein) B. Authorization to Purchase Powered Cots and Loading Systems (Trustee Trilling) C. General Advisory Referendum Regarding the Downtown Project(Trustee Stein) 14. Questions from the Audience Village Board of Trustees-Agenda Page 3 Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 15. Executive Session A. Approval of Closed Meeting Minutes: Section 2(c)(21) of the Illinois Open Meetings Act 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilitie4 contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons Village Board of Trustees-Agenda Page 4 Meeting of the Village of Buffalo Grove Fifty Raupp Blvd � Buffalo Grove, I L 60089-2100 Board of Trustees Phone:847-459-2500 Regular Meeting December 1, 2014 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the October 27, 2014 Civics Forum [GO TO] B. Minutes of the November 3, 2014 Village Board Meeting [GO TO] C. Minutes of the November 17, 2014 Village Board Meeting [GO TO] 5. Approval of Warrant A. Presentation and Reading of Warrant#1239 [GO TO] 6. Village President's Report A. Proclamation: National Drunk& Drugged Driving (3D) Prevention Month (Trustee Trilling) [GO TO] 7. Village Manager's Report 8. Special Business A. Public Hearing: Amendment of the Zoning Ordinance, Title 17, Pertaining to Pawn Shops and Resale Shops in the B-2 Business District. (Trustee Terson) [GO TO] 9. Reports from the Trustees 10. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. Consent Agenda: Ordinances and Resolutions A. Resolution No. 2014-27: A Resolution Regarding Corporate Personal Property Replacement Tax Distribution -2015 (Trustee Berman) SUMMARY: This resolution is required as part of a past settlement of a class action suit brough by the Cook County State's Attorney regarding the use of tax proceeds by receiving taxing agencies in conformance with the Illinois Revenue Act. The Village is reconfirming by resolution that it has complied with the Act in the receipt and distribution of such funds in 2013. [GO TO] B. Resolution No. 2014-28: A Resolution Approving an Agreement for Design Engineering Services for the 2015 Village Wide Contractual Street Improvement Project (Trustee Stein) SUMMARY: Staff recommends awarding a contract to Gewalt Hamilton for street improvement design engineering services not to exceed $46,100. [GO TO] C. Resolution No. 2014-29: A Resolution Requesting the County of Cook Not to Collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove (Trustee Ottenheimer) SUMMARY: The Clerk of Cook County has statutory authority to increase local tax levies in order to offset losses due to non-collection of property taxes. The Village has the option to direct the County Clerk to not collect these additional charges. The attached resolution requests that the non-collection balance not be extended in 2015. [GO TO] D. Resolution No. 2014-30: A Resolution Requesting the County of Lake Not to Collect the Loss in Collections on Taxable Property in the Village of Buffalo Grove (Trustee Ottenheimer) SUMMARY: The Clerk of Lake County has statutory authority to increase local tax levies in order to offset losses due to non-collection of property taxes. The Village has the option to direct the County Clerk to not collect these additional charges. The attached resolution requests that the non-collection balance not be extended in 2014. [GO TO] Consent Agenda: Unfinished Business Consent Agenda: New Business E. Certificate of Initial Acceptance and Approval: Burdeen's Jewelry Store (Trustee Stein) SUMMARY: The Village Engineer recommends that the Certificate of Initial Acceptance and Approval for the Burdeen's Jewelry Development be approved. [GO TO] F. Award of Bid: Contract Tree Trimming (Trustee Stein) SUMMARY: Staff recommends that the Village Board award a bid to Winkler Tree Service for a three-year tree trimming contract with the price not to exceed $100,322 annually for the duration of the contract. [GO G. Authorization to Request Proposals-for Golf Course Maintenance (Trustee Ottenheimer) SUMMARY: Staff seeks authorization to request proposals for golf course maintenance services. All proposals will be compared with current costs to provide this service in-house in order to affect the most cost-effective method of service delivery. [GO TO] H. Village of Buffalo Grove Police Pension Fund-Municipal Compliance Report for December 31, 2013 (Trustee Ottenheimer) SUMMARY: The Illinois Pension Code requires that the Police Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2014 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. This report was approved at the October 14th Police Pension Board Meeting. [GO TO] I. Village of Buffalo Grove Firefighters' Pension Fund-Municipal Compliance Report for December 31, 2013 (Trustee Ottenheimer) SUMMARY: SUMMARY: The Illinois Pension Code requires that the Firefighters' Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2014 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. This report was approved at the October 30th Firefighters' Pension Board Meeting. [GO TO] 11. Ordinances and Resolutions A. Ordinance No. 2014-76: An Ordinance for the Levy and Collection of Taxes for the Fiscal Year Commencing on the 1 st day of January, 2015 and Ending on the 31 st day of December, 2015 (Trustee Berman) [GO TO] B. Resolution No. 2014-31: Adopting the Fiscal 2015 (January 1 - December 31, 2015) Budget for the Village of Buffalo Grove (Trustee Berman) [GO TO] C. Ordinance No. 2014-77: An Ordinance Amending the Zoning Ordinance Concerning Pawn Shops and Resale Shops as Special Uses in the Business District. (Trustee Terson) [GO TO] D. Ordinance No. 2014-78: Ordinance Amending Chapter 5.46 of the Municipal Code- Pawnbrokers and Resale Dealers (Trustee Terson) [GO TO] E. Ordinance No. 2014-79: Approving amendment of a special use in the Industrial District, Max Training, 355 Hastings Drive (Trustee Ottenheimer) [GO TO] F. Ordinance No. 2014-80: Approving amendment of a Planned Unit Development, GW Property Group, 245 McHenry Road (Trustee Ottenheimer) [GO TO] G. Resolution No. 2014-32: Resolution Opposing Senate Bill 16 (President Braiman) [GO TO] 12. Unfinished Business 13. New Business A. Award of Bid: to Expedia Construction Corp for the Wall Panel and Skylight Project (Trustee Stein) [GO TO] B. Authorization to Purchase Powered Cots and Loading Systems (Trustee Trilling) [GO TO] C. General Advisory Referendum Regarding the Downtown Project (Trustee Stein) [GO TO] 14. Questions from the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 15. Executive Session A. Approval of Closed Meeting Minutes: Section 2(c)(21)of the Illinois Open Meetings Act 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove,in compliance with the Americans with Disabilities Act,requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Minutes of the October 27, 2014 Civics Forum 4-A .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes Overview Staff recommends approval. Attachments M102714Civics.pdf Trustee Liaison Staff Contact Clerk Sirabian Julie C Kamka,Finance&GS M.o�n.d�aY>............December ...1........2�0.1.�4...................................................................................................A.............pprova.l of...Minutes ..._...Item ....�...4._A........................................................................................................... MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY, OCTOBER 27,2014 CALL TO ORDER President Braiman called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman; Trustees Berman, Sussman, Terson, Stein and Ottenheimer. Trustee Trilling was absent. Also present were: Dane Bragg,Village Manager; Jennifer Maltas, Deputy Village Manager; Scott Anderson, Director of Finance; Andrew Brown, Deputy Finance Director; Pete Cahill, Human Resources Management Analyst; Lauren Stott, Management Analyst; Evan Michel, Management Analyst. CIVICS FORUM The Village Clerk reviewed the purpose and goal of the Civics Forum and summarized what the students have done to date to prepare for this meeting. Buffalo Grove and Stevenson High Schools are represented this evening. The students formed two groups,pro and con, and debated whether or not the Village of Buffalo Grove should regulate the use and sale of e-cigarettes. The students were presented with Certificates and thanked by the Board for another outstanding program. ADJOURNMENT Moved by Berman, seconded by Stein,to adjourn the meeting. Upon voice vote, the motion was declared carried, and the meeting was adjourned at 8:58 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 17th DAY OF November , 2014 Village President Minutes of the November 3, 2014 Village Board Meeting 4-B .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Attachments M110314.pdf Trustee Liaison Staff Contact Clerk Sirabian Julie C Kamka,Finance&GS M.o�n.d�aY>............December ...1........2�0.1.�4...................................................................................................A.............pprova.l of...Minutes ...._...Item ....�...4._�B........................................................................................................... 12897 11/03/2014 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY,NOVEMBER 3,2014 CALL TO ORDER President Braiman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman;Trustees Berman,Trilling,Sussman,Terson, Stein and Ottenheimer. Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Jeff Stein,Assistant Village Attorney;Jennifer Maltas,Deputy Village Manager; Scott Anderson,Director of Finance;Andrew Brown,Deputy Finance Director;Art Malinowski,Director of Human Resources;Lauren Stott,Management Analyst;Evan Michel, Management Analyst;Brett Robinson,Director of Purchasing;Brian Sheehan,Building Commissioner;Mike Reynolds,Director of Public Works; Mike Skibbe,Deputy Director of Public Works;Bob Pfeil,Village Planner; Darren Monico,Village Engineer; Geoff Tollefson,Director of Golf Operations; Police Chief Casstevens; and Fire Chief Vavra. APPROVAL OF MINUTES Moved by Ottenheimer,seconded by Stein,to approve the minutes of the October 20,2014 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. WARRANT#1238 Mr.Anderson read Warrant#1238. Moved by Trilling,seconded by Sussman,to approve Warrant#1238 in the amount of$2,326,400.77,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Braiman read a Commendation honoring Dan Schimmel on his years of dedicated service to the community and wished him well in his retirement. President Braiman presented the Commendation to Mr. Schimmel as he was congratulated by the audience and the Board. Mr. Schimmel thanked the Board for the honor and noted how grateful and humbled he is by this recognition. VILLAGE MANAGER'S REPORT Mr.Anderson presented the 2014 Truth in Taxation property tax determination analysis,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared,as well as his memo to Mr.Bragg of October 30,2014. 12898 11/03/2014 Farmer's Market Chair Paulette Greenberg presented an end-of-season update on the Buffalo Grove Farmer's Market,as well as plans for the 2015 season. Mr.Monico presented an update on area Road Construction. Mr.Bragg reported that the 2015 Draft Budget will be available on the Village website tomorrow,November 4, 2014. TRUSTEE REPORTS Trustee Sussman reported on the outstanding concert performed by the Buffalo Grove Symphonic Band last night. Trustee Terson urged residents to attend the Veteran's Day Ceremony on November 11,2014 at the Community Arts Center on McHenry Road. CONSENT AGENDA President Braiman explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Resolution#2014-26—Personnel Manual Motion to pass Ordinance#2014-26,a resolution for the Adoption of Amendments to the Personnel Manual. Bikeuath/Parkins Lot Project Motion to approve a Change Order for the 2014 Bikepath and Parking Lot Project. Proclamation—Childhood Cancer Awareness Motion to approve Proclamation declaring November 23-29,2014 as Childhood Cancer Awareness Week in Buffalo Grove. Moved by Terson,seconded by Ottenheimer,to approve the Consent Agenda. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2014-73—PRAIRIE KRAFTS BREWING COMPANY Moved by Berman,seconded by Sussman to pass Ordinance#2014-73,approving a Special Use for Retail Sales in the Industrial District,Prairie Krafts Brewing Company, 1310 Busch Parkway,in accordance with the staff memo in Board packets and the draft ordinance dated 10/28/2014. Mr.Bragg reviewed the proposed ordinance,as well as the next agenda item,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None 12899 11/03/2014 Motion declared carried. ORDINANCE#2014-74—LIQUOR CONTROLS Moved by Berman,seconded by Sussman,to pass Ordinance#2014-74,amending Chapter 5.20,Liquor Controls. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2014-75—EMMERICH EAST PARK Moved by Berman,seconded by Terson,to pass Ordinance#2014-75,amending special use concerning the public address system,Bills Youth Football Association,Emmerich East Park, 151 Raupp Boulevard,in accordance with the staff memo and the draft ordinance contained in Board packets dated 10/28/2014. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Todd Projansky,representing the Buffalo Grove Bills Youth Football and Cheerleading Association,confirmed that the Bills had met with several of the neighbors,and everyone is on board with the proposed usage of the public address system. Trustee Berman commended the organization for their efforts to work with the neighbors on this issue. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ARTS FESTIVAL Moved by Sussman,seconded by Ottenheimer,to authorize the Village Board to execute an Agreement with Howard Alan Events Ltd.for an Art Festival event in 2015,as per information contained in Board packets. Lauren Stott reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared; she then answered questions from the Board. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. CARTEGRAPH SYSTEMS Moved by Stein,seconded by Terson,to award contract to Cartegraph Systems Inc. for an Order&Asset Management Software Systems in an amount not to exceed$188,150.00,in accordance with the memo and information contained in Board packets. Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Skibbe. 12900 11/03/2014 Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. DOWNTOWN BUFFALO GROVE President Braiman reviewed the discussion and procedures that will be in place for tonight's presentation. Charles Malk,CRM Properties,made a presentation regarding the proposed development,details of which are contained in Ms.Maltas' memo to the Board of October 29,2014. Before focusing on the site and the proposed plan,Mr.Malk introduced the members of the development team,and then presented a brief history of his company. Trustee Ottenheimer thanked everyone for attending tonight's meeting;he respects everyone's opinion,both pro and con;he took an oath as Trustee to do what is in the best interest of the entire Village and it is his responsibility to look at every aspect of the proposal;the proposal is in its infancy and it is up to the Board to evaluate every aspect; under no circumstances should the project be a burden on taxpayers;this is an opportunity to make an underperforming asset into a well-performing asset;he is in favor of seeing the proposal go forward,but will not form an opinion until all the facts are received. In answer to a question from Trustee Stein,Mr.Malk noted the reasons that he believe this project is worthy of a recommendation to the Planning&Zoning Commission. Mr.Malk also addressed the issue of buffering the residential areas. Trustee Sussman stated that she always tries to keep an open mind,but right now she is not in favor of sending this on to the Planning&Zoning Commission because she feels we are not ready for this step;the problem is that the Village has not determined the best use for that land; she believes we should have hired urban developers to tell us all the possibilities for the land so that we can decide what is best for the residents of Buffalo Grove. President Braiman asked Mr.Pfeil to share with the Planning&Zoning Commission the concerns regarding buffering,parking ratios and location,density and composition of units,and the integration of the retail/residential and the open space to the west. Brian Costin, 1339 Madison Court South,said he is neither 100%for or against the proposal;one of his big concerns is how it will be financed;he is concerned with what it will cost the Village to replace all the public assets, and he believes all of the costs should be paid up front by the developer;he wants Mr.Malk's finances to be thoroughly checked;he believes there should be a referendum with regard to the proposal. Rob Sherman,778 Stonebridge,believes this is the worst proposal he has ever seen;he moved to Buffalo Grove to get away from high density and intensive traffic;he does not believe there is any place to put the traffic,and it would therefore spill into adjacent residential streets;he believes the project is way too dense;he urges the Board not to refer this,and to take Trustee Sussman's suggestion and get other proposals;he would prefer to see this remain a golf course or some other open space;he suggests waiting until Route 53 opens up to the north to see if Lake Cook Road can handle more traffic. Leon Gopon,737 Bernard Drive,commented on how nice the Buffalo Grove community is;the proposed plan looks good on paper,but appearance is not the deciding factor;he believes the financing obligation should be handled before moving further;there are hundreds of residents who have voiced their opposition to the plan; for a major project,it is typical for outside management to be hired to supervise the project since the governmental unit does not have the manpower to supervise;he believes that taxes have gone up in Deerfield since the downtown was built 12901 11/03/2014 there;it seems as if the Village leaders are fixated on this one idea without investigating or considering other alternatives. Karen Coleman,resident,is horrified at this idea,especially since no other considerations have been made to determine the best use for the land;she asked how this can be stopped from happening. Mr.Malk reviewed the process that he followed when working with an urban planner to create this proposal. Bill Saunders,resident,stated that he agrees with Trustee Sussman;he believe this is a beautiful and well thought out plan;he does not believe we need more retail space,but we need more retailers;people moved out here because it was open space and low density and had a golf course;perhaps other options need to be looked at for this property;perhaps the Town Center can be redeveloped. Dan Peterson,308 Lakeview Court,stated that he grew up in Deerfield,and he commented on Mr.Malk's development in Deerfield;he does not believe that taxes did not go up in Deerfield,and he does not believe that housing values soared due to Mr.Malk's development;he cited instances of empty retail developments in Deerfield; he is concerned about safety of the nearby areas. Ken McBeth,630 Alsace Circle,questioned the physical plan itself,and he asked if the Public Works facility is located on this site. Mr.Malk stated that the Public Works facility would be located elsewhere. Forrest Culwin,655 Caren Drive,stated that he appreciates the amount of work that goes into this type of proposal, but he questions whether or not anyone asked the residents what they want;he believes it is premature for the Board to forward this without having ample opportunity to study it further;he is concerned about the environmental impact;he is concerned about the impact that this will have on existing retain developments in Buffalo Grove;he urged further study before moving it along. Jim Spizziri,resident,stated that he has lived in the Village a long time and has seen a lot of changes;he is concerned about the impact that this development will have on the traffic and safety of St.Mary Parish and school; he believes that we are trying to squeeze a downtown into an area that does not fit;the golf course is a flood plain. Ben Brown,470 Mayfair,believes this proposal will hurt the current Town Center even more;he thinks the plan is beautiful and he would love to have the restaurants and all the other amenities,but he believes they should go in the current Town Center;he believes the lack of public transportation would be a challenge;he commented on the failed proposal for the Fresh Farms property on Dundee Road. Richard Siegel, 1052 Whitehall,is not philosophically opposed to a downtown,but he does not see the economic sense in this plan. David Wells,568 Thornwood Drive,focused on what comes after this might be developed;he is fearful that this will not work 20 years down the line;if there is too much congestion in the area,people will not return to the development;he urged the Board to vote negatively on this proposal. Elliott Hartstein,908 Providence,stated that he is not for or against this particular proposal;he is concerned about the feasibility of the project;he wonders if tonight is the time to refer it;it always been stated that the Town Center did not succeed because it did not have enough frontage on Lake Cook Road,and he questions why this project is feasible without substantial Lake Cook frontage;he is concerned about the impact on the community,as well as the finances. Mr.Malk responded to Mr.Hartstein. Adam Moodhe, 151 Mary Lu Lane,commented on this proposal,as well as surrounding shopping centers. Donald Peterson,397 Bernard Drive,has worked in road construction in the area,and he commented on the traffic patterns that this development will create. 12902 11/03/2014 Ronald Mraz, 1261 Radcliff,stated that this is a family town,and even though this proposal is beautiful,there is no room for it;if there are children in the development,there will be school buses trying to get in and out and during rush hours;he believes there should be a referendum;he does not believe that people want this;he believes something should be done with the current Town Center. Pamela Jeager, 100 Manchester Drive,expressed concern about the relocation of the Farrington Ditch and the effect that this will have on possible flooding in the Manchester neighborhood. A resident of 79 Manchester Drive urged the Board to seek out other ideas for this property; even if a downtown is what is desired,she believes that other ideas should be explored. Tim Kobler,680 Woodhollow,stated that he moved to Buffalo Grove for the schools,the parks and the golf course, not because there was a downtown;if they wanted a downtown,they would have stayed in Arlington Heights;he believes that the proposal is just a mall with a couple of condo buildings;he asked about the kind of retail that is proposed for the site;he urged the Board not to proceed and send this to the Planning&Zoning Commission. Mr. Malk responded to Mr.Kobler's concerns. Bruce Entman,940 Old Checker,has listened to all of the comments,and it shows that the process of our government works;the members of the Board represent everyone in the Village and urged the Board refer this to the Planning&Zoning Commission so that process can work. Tommy Kobler,680 Woodhollow,thinks that the downtown idea is a bad idea,and noted that he is able to ride his bike to the Buffalo Grove Golf Course,but he would be unable to ride his bike to the Arboretum Golf Course because it is on the other side of town and it would not be safe for him to ride his bike that far. A resident of Katherine Court stated that he is a supporter of the project and believes his voice needs to be heard as well;he questioned Mr.Malk on the number of developments that he currently operates;he believes the Board would be doing a disservice to the community if they were to pass on this opportunity without moving it on to the Planning Zoning Commission;he would rather see his children have a downtown to patronize,and he would like to spend his money in Buffalo Grove rather than going to Arlington Heights or Schaumburg or Deer Park. Mr.Malk responded to the questions posed. Bruce Darin, 1506 Jersey Court,noted that his children grew up here;they made lifelong friends,but none of them currently live in Buffalo Grove;many of those children are considering moving to Deerfield,primarily because it offers a downtown where they can shop,dine and enjoy community celebrations;he and his wife no longer need their large house and are contemplating moving to Deerfield because they would like the amenities of a downtown right in their own community;he has known Mr.Malk a long time and he is confident in his ability to make this development succeed,and he urged the Board and the community and the developer to work together to make the most of its unique opportunity. Daniel Reibolt stated that he has lived in Buffalo Grove for 17 years,and urged the Board to consider placing a referendum on the ballot so that all residents have a chance to vote on whether or not they think this proposal would be appropriate for Buffalo Grove. Chuck Pozniak,555 Estate,stated that this property is an asset of Buffalo Grove and it should be treated like an asset;he would like to see the Board research and see what else is available and what is the proper use for this site; he does not want to see an asset turned into a liability;he would like to see development,but he would not like to see any debt put on the taxpayers. Moved by Terson,seconded by Trilling,to assign the preliminary concept plan by CRM Properties Group to the Planning&Zoning Commission for review. Trustee Berman thanked everyone for coming out and participating tonight; he has listened to everything that was said by the Board,the developer and the residents tonight;this is but one step in a process and it should be viewed 12903 11/03/2014 that way;he reviewed the process that is taking place,as well as the specific question at hand;he reiterated that the question of financing is not before the Board tonight;if and when the Board gets to the point where it has been shown that the proposal is feasible and viable,the Board will be in a position to evaluate the totality of the circumstances,including the financial aspects of the development and balance them against the arguments that would be opposed to the development; at this point,until there is a feasible plan to work from,and until that plan is used to develop financial figures for the development,the Board does not have any facts that would substantiate any purported need or justify any assumption that any form or amount of public financing is or would be appropriate;if the Board is asked to include a public financing element,he would have to be clearly convinced that it is justified before he would approve it; facts are needed to make that evaluation on a rational basis,and we are not yet at that point. With regard to the current Town Center,the Village does not own that property and has no ability to tell the owner of that center what he can and cannot do. The question before the Board tonight is the limited question of whether or not the proposed plan should be assigned to the Planning&Zoning Commission for review,and he believes the Commission's evaluation and recommendation are critical elements of the feasibility question for this development. Trustee Berman intends to keep an open mind and decide the ultimate question based on facts and a rational assessment on the relative merits of the proposal. Trustee Terson also thanked everyone for coming out and participating and being a part of the process tonight;he understands the passion for our community,as he also grew up here and is raising his family here;with regard to the financial concerns,we are not at a point in the process yet to vet out the financial concerns;he does not want to make decisions that are not in the best financial interests of our community;the Board must look at the financial issues with great importance;there is a great deal of revenue being spent outside of our community,and he would like to keep that revenue in Buffalo Grove. Trustee Terson also thanked Village staff,as well as Mr.Malk and his staff,for all of the work they have put into this proposal. Trustee Stein also thanked everyone for participating in the process;residents frequently tell him that they are being priced out of Buffalo Grove because of taxes;the Village does need revenue in the coming years,and the Board needs to look at ways to increase revenue without increasing taxes;he has many of the same concerns as were voiced by residents tonight;he also has concerns about water,but those are things that will be vetted by the Planning &Zoning Commission, and they will come up with suggestions and conditions to be placed on the plan. Referring this proposal to the Planning&Zoning Commission does not mean that the Board is approving the plan;it means that more information is needed. Trustee Trilling does believe that Mr.Malk has an uphill battle to provide his idea,but he is willing to listen further to Mr.Malk,his consultants,Village consultants,Village staff and our residents to begin to answer the questions posed tonight,as well as many more questions yet to be posed. When elected as Village Trustee,he took an oath of office to work on behalf of and for the residents of Buffalo Grove,and believes that,in order to fulfill that obligation,he needs to explore and find the answers to all those questions. We are only on Step 3 tonight. There will be many opportunities in the future for the Board to say that this just does not work. Trustee Trilling thanked everyone for their participation tonight and stated that he is listening to them. Trustee Sussman stated that it is nice to see so many people in the audience. The one sentence that she wants to leave with everyone tonight is that we are not ready for this step,and we have to go back to step zero or number one. President Braiman urged those in the audience to attend our next meeting on November 17,2014 when the 2015 Budget presentation will take place. President Braiman stated the decision regarding the current proposal is not one that will be taken lightly by anyone on the Board;Board members listen to all sides of what is being said by members of the audience and members of the community;this Board is open and transparent in all action that is taken. If this proposal is referred to the Planning&Zoning Commission,everyone is urged to attend and share their opinions. All meetings will be published on the Village website or the Enews. Upon roll call,Trustees voted as follows on the motion: 12904 11/03/2014 AYES: 5—Berman,Trilling,Terson, Stein,Ottenheimer NAYS: 1 —Sussman Motion declared carried. QUESTIONS FROM THE AUDIENCE Robert Sherman,resident,asked that the Board turn down any project that is proposed if the traffic impact demonstrates that it is not in the best interest of the Village,even though the proposal is viable and feasible. President Braiman stated that the traffic study is one of the factors determining whether or not to recommend a project. President Braiman also stated that the Board will listen to any developer that presets a proposal to the Board. A resident of 386 S.Buffalo Grove Road stated that his property has been flooding recently,and he is asking for help in dealing with this problem;he also asked if anyone is going to do work to improve Buffalo Grove Road. Mr. Bragg stated that staff will work with him to deal with his issues. Craig Horwitz, 883 Stonebridge,questioned why Buffalo Grove does not run ads on the radio searching for new commercial tenants similar to what is done by Bedford Park and Hanover Park. Mr.Horwitz asked if the Village has staff members that are charged with looking for new Economic Developments. Mr.Bragg responded to Mr. Horwitz and offered to meet with him to further discuss his concerns. ADJOURNMENT Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. The meeting was adjourned at 11:29 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 1st DAY OF December ,2014 Village President Minutes of the November 17, 2014 Village Board Meeting 4-C Overview Staff recommends approval. Attachments M111714.pdf Trustee Liaison Staff Contact Clerk Sirabian Julie C Kamka,Finance&GS M.o�n.d�aY>............December ...1........2�0.1.�4...................................................................................................A.............pprova.l of...Minutes ..._...Item ....�...4._C........................................................................................................... 12905 11/17/2014 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY,NOVEMBER 17,2014 CALL TO ORDER President Braiman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman;Trustees Berman,Trilling,Sussman,Terson, Stein and Ottenheimer. Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Jennifer Maltas,Deputy Village Manager;Evan Michel,Management Analyst; Scott Anderson,Director of Finance;Andrew Brown,Deputy Finance Director;Art Malinowski,Director of Human Resources;Peter Cahill,Human Resources Management Analyst;Brett Robinson,Purchasing Manager;Mike Reynolds,Director of Public Works;Mike Skibbe, Superintendent of Public Works;Darren Monico,Village Engineer;Robert Pfeil,Village Planner;Brian Sheehan, Building Commissioner;Geoff Tollefson,Director of Golf Operations;Fire Chef Vavra;Police Chief Casstevens; and Deputy Police Chief Szos. APPROVAL OF MINUTES There are no minutes to be approved tonight. WARRANT There is no warrant to be approved tonight. VILLAGE PRESIDENT'S REPORT There is no Village President's Report tonight. VILLAGE MANAGER'S REPORT There is no Village Manager's Report tonight. TRUSTEE REPORTS There were no reports from Trustees at tonight's meeting. CONSENT AGENDA There is no Consent Agenda at tonight's meeting. FISCAL 2014 BUDGET PRESENTATION Mr.Bragg presented opening comments and the budget structure for this evening,details of which are contained in his Budget Letter to the Corporate Authorities of November 3,2014. Ms.Maltas presented an overview of the Strategic Plan efforts for 2015,highlighting the Strategic Plan outcomes for 2014 and the goals for the coming year. 12906 11/17/2014 Mr.Malinowski reviewed the Wages&Benefits portion of the budget document. Mr.Anderson reviewed the process of developing the budget for the 2015 and a general review of the budget,after which he reviewed the revenue side of the budget,and reviewed the operating budget for each department. Mr. Anderson answered questions from the Board, It was pointed out that the Board and staff have worked on this budget throughout the entire year,and that the Board posed many questions for staff prior to this meeting. All of those questions were answered by staff,therefore,there are few unanswered questions being posed tonight. Mr.Bragg thanked staff and Mr.Anderson for their thorough presentation. Mr.Bragg concluded by reinforcing that staff is continuing the plan to provide for sustainable,cost efficient,and reliable services. They are continuing to make changes to the budget process to get a better understanding of what it really costs to provide services and what is most competitive. President Braiman again pointed out that the Board has worked with staff and been a part of the preparation over the course of the year. The Board was presented with the draft budget several weeks ago,and was able to ask questions of staff prior to this evening's presentation. Trustees commended the entire staff for putting together a well-crafted document. The budget document will be available online throughout the year. QUESTIONS FROM THE AUDIENCE President Braiman reviewed the parameters to be followed by speakers,and asked if there were any questions from the audience on items not on tonight's agenda. Craig Horwitz, 883 Stonebridge Lane,stated that he had several questions on the Budget. It was determined that it would be best for Mr.Horwitz to meet with Mr.Bragg or Mr.Anderson to thoroughly review his questions. It was suggested that a written response to Mr.Horwitz's questions be provided at the next meeting so that all residents will be aware of the answers to the questions that he posed. Mr.Horwitz also requested that the Village Board craft and pass an ordinance for the specific purpose of regulating Drone technology and uses in the Village. Mr.Horwitz distributed a sample ordinance passed by the City of Evanston. Staff will investigate and present a recommendation to the Board. ADJOURNMENT Moved by Sussman,seconded by Trilling,to adjourn the meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. The meeting was adjourned at 9:37 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 1st DAY OF December ,2014 Village President Presentation and Reading of Warrant#1239 5-A Overview Approval is recommended Attachments Warrant work sheet 1239.pdf W#1239.pdf(Appendix) Trustee Liaison Staff Contact Trustee Ottenheimer Scott D Anderson,Finance&GS M.o�n.d�aY>............December ...1........2�0.1.�4...................................................................................................A.............pprova.l of Wa�rra�nt... Ite.m....�...5._A........................................................................................................... VILLAGE OF BUFFALO GROVE WARRANT#1239 1-Dec-14 General Fund: 729,622.51 Illinois Municipal Retirement Fund: Parking Lot Fund: 180.36 Motor Fuel Tax Fund: 378,427.36 Debt Service Fund: 945,756.25 School & Park Donations Capital Projects-Facilities: 421,976.61 Capital Projects-Streets: 53,235.07 Health Insurance Fund: Facilities Development Debt Service Fund: Retiree Health Savings (RHS): 14,118.14 Water Fund: 1,673,112.33 Buffalo Grove Golf Fund: 21,131.37 Arboretum Golf Fund: 26,884.99 Refuse Service Fund: 76,219.80 4,340,664.79 PAYROLL PERIOD ENDING 11/06/14 854,894.29 PAYROLL PERIOD ENDING 11/20/14 1,043,279.08 1,898,173.37 TOTAL WARRANT#1239 6,238,838.16 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President See appendix: Appendix001 - W#1239.pdf Proclamation: National Drunk& Drugged Driving (3D) 6-A Prevention Month Overview Declares December 2014 as National Drunk and Drugged Driving Prevention Month. Attachments National Drunk&Drugged Driving Prevention 2014.pdf Trustee Liaison Staff Contact Trustee Trilling Melessa A Horbus, Monday, December 1, 2014 Village Presidents Report-Item : 6-A NATIONAL DRUNK AND DRUGGED DRIVING (31)) PREVENTION MONTH DECEMBER, 2014 WHEREAS, motor vehicle crashes killed 991 people in Illinois during 2013; and WHEREAS, hundreds of those deaths involved a driver impaired by alcohol and/or drugs; and WHEREAS, the December holiday season is traditionally one of the most deadly times of the year for impaired driving; and WHEREAS, for thousands of families across the state and the nation, holidays are a time to remember loved ones lost; and WHEREAS, organizations across the state and the nation are joined with the "Drive Sober or Get Pulled Over" and other campaigns that foster public awareness of the dangers of impaired driving and anti-impaired driving law enforcement efforts; and WHEREAS, the Village of Buffalo Grove is proud to partner with the Illinois Department of Transportation's Division of Traffic Safety and other traffic safety groups in the effort to make our roads and streets safer; NOW,THEREFORE, I, JEFFREY S. BRAIMAN, PRESIDENT OF THE VILLAGE OF BUFFALO GROVE, do hereby proclaim December, 2014 as Drunk and Drugged Driving (3D) Prevention Month in the Village of Buffalo Grove and do hereby call upon all citizens, government agencies, business leaders, hospitals and health care providers, schools and public and private institutions to promote awareness of the impaired driving problem, to support programs and policies to reduce the incidence of impaired driving, and to promote safer and healthier behaviors regarding the use of alcohol and other drugs this December holiday season and throughout the year. Proclaimed this 1st day of December, 2014. Public Hearing: Amendment of the Zoning Ordinance, Title 17, Pertaining to Pawn Shops and Resale Shops in the 8-A B-2 Business District. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends discussion. Overview A Public Hearing concerning a proposed amendment to the Village of Buffalo Grove Zoning Ordinance Title 17 of the Village of Buffalo Grove Municipal Code pertaining to Pawn Shops and Resale Shops. Due to their unique characteristics, staff recommends that Pawn Shops and Resale Shops be allowed as a Special Use in the B-2 Business District in order for the Village to assess the impact of the uses on neighboring properties as well as the public need for the particular use at a specific location. In addition, it is recommended that a separation requirement of 1,000 feet from any other pawn or resale shop be included in the ordinance. A copy of the draft Ordinance is attached. Next Steps Consideration of ordinance approving an amendment to the Village Zoning Ordinance. Anticipated Future Board Actions Consideration of ordinance approving an amendment to the Village Zoning Ordinance. Attachments PARKRIDGE4100952-0-Text Amendment for Pawn Shops_ nd_Resale_Stores_11-18-2014.pdf NOTICE_VB Hearing_Pawn Shops and Resale Shops_1I-14-2014.pdf Trustee Liaison Staff Contact Trustee Terson Brian P Sheehan,Building&Zoning M.on.daY>............December ...1........20.1.4...................................................................................................Special ...Business ..._...Item ........8._A......................................................................................................................... 11-18-2014 ORDINANCE NO. 2014— AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE TITLE 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS CONCERNING PAWN SHOPS AND RESALE SHOPS AS SPECIAL USES IN THE BUSINESS DISTRICT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, stolen goods are often sold for cash at Pawn Shops and Resale Shops; and WHEREAS, the Village's Police Department has reported that identifying and retrieving stolen goods from such businesses and identifying the individuals who sold such stolen goods is a difficult and labor-intensive task; and WHEREAS, the goals of deterrence of crime, apprehension of criminals, retrieval of stolen goods for return to the lawful owners, and maintenance of public order are served by an effective and efficient system of recording and reporting such sales and delaying the resale or destruction of such purchased items; and WHEREAS, the Village has a significant governmental interest in preventing and deterring the sale, resale or destruction of stolen goods, and; WHEREAS, the Village has determined that it is in the best interests of the health, safety, morals and welfare of the public to limit the number of Pawn Shops and Resale Shops within its corporate boundaries, and; WHEREAS, the Village has determined that amendments to the Village Zoning Ordinance, Title 17 of the Buffalo Grove Municipal Code, are necessary concerning the reclassification of Pawn Shops from a permitted use to a special use in the B-2 Business District and the addition of Resale Stores as a special use in B-2 Business District; and, WHEREAS, the Village Board conducted a public hearing on December 1, 2014 2 concerning said amendments and determined that the proposed amendments are appropriate to properly regulate Pawn Shops and Resale Shops. NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, LLINOIS: Section 1. Subsection B. of Section 17.44.030, Permitted Uses of the Buffalo Grove Municipal Code is hereby amended by deleting the following: Pawn shops. Section 2. Subsection C. of Section 17.44.030, Special Uses of the Buffalo Grove Municipal Code is hereby amended by adding the following: 21. Pawn Shops or Resale Shops (as defined in Chapter 5.46 of the Buffalo Grove Municipal Code) shall not be located within 1000 feet of any other Pawn or Resale Shop as measured in a direct line from the closest point on one lot line to the closest proximate point on the other lot line. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYS: ABSENT: PASSED: APPROVED: PUBLISHED: ATTEST: APPROVED: Village Clerk JEFFREY S. BRAIMAN, Village President TO BE PUBLISHED November 14,2014 PROPOSED AMENDMENTS OF BUFFALO GROVE MUNICIPAL CODE PERTAINING TO PAWN SHOPS AND RESALE SHOPS VILLAGE OF t BUFFALO GROVE Fifty Raupp Blvd Buffalo Grove,IL 60089-2100 Phone 847-459-2525 NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held by the Village President and Board of Trustees of the Village of Buffalo Grove on Monday, December 1, 2014 at 7:30 p.m. in the Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, IL concerning the following matter: SUBJECT: Proposed amendments to the Village of Buffalo Grove Zoning Ordinance Title 17 of the Village of Buffalo Grove Municipal Code pertaining to: Pawn Shops and Resale Shops as special uses in the B-2 Business District. PETITIONER: Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 The draft ordinance for the public hearing concerning the proposed amendments is on file with the Village Clerk, 50 Raupp Boulevard, and is available for review by interested persons. Anyone with questions concerning the hearing may contact Brian Sheehan, Building Commissioner, 847-459-2530. All persons present at the public hearing will be given the opportunity to be heard. Dated this 11th day of November, 2014. Janet M. Sirabian, Village Clerk Village of Buffalo Grove Draft PHN 10-30-2014 Resolution No. 2014-27: A Resolution Regarding Corporate 10-A Personal Property Replacement Tax Distribution - 2015 Overview Attached,please find a Resolution to be adopted by the Village Board regarding the use of Corporate Personal Property Replacement Taxes. The resolution applies to calendar 2014 and is required as part of a past settlement of a class action suit brought by the Cook County State's Attorney regarding the use of such tax proceeds by receiving taxing agencies in conformance with the Illinois Revenue Act. The Village has continually applied the receipt of all replacement tax revenue as required by the Act and will continue to do so. This permits in part pension levies to be maintained at the lowest level in that receipts are applied against the employer's obligation for pension payments. In no case will a surplus of funds exist due to the receipt of Corporate Personal Property Replacement Taxes. Attachments 2014 Replacement Tax Use Resolution.pdf Trustee Liaison Staff Contact Trustee Berman Scott D Anderson,Finance&GS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, December 1, 2014 Consent Agenda: Ordinances and Resolutions - Item : 10-A RESOLUTION NO.2014- A RESOLUTION REGARDING CORPORATE PERSONAL PROPERTY REPLACEMENT TAX DISTRIBUTION-2014 WHEREAS, the Village of Buffalo Grove has received $23,882.39 in distributions of Corporate Personal Property Replacement Tax revenues from the State of Illinois during calendar year 2014; and WHEREAS, said distribution was not in excess of what had been estimated to have been received during the calendar year; and WHEREAS, a question has arisen with respect to whether said receipts of Corporate Personal Property Replacement Taxes resulted in a surplus of funds that are "available for the payment of any debt, obligation, liability, operation, fund or account or any purpose" within the meaning of Section 157 (a) of the Revenue Act of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: SECTION 1. It is hereby found and declared that the amount of Corporate Personal Property Replacement Taxes actually received by the Village of Buffalo Grove during calendar 2014 has not caused a surplus "available for any debt, obligation, liability, operation, fund or account or any purpose" within the meaning of Section 157 (a)of the Revenue Act of Illinois such that the Village is required to adopt an ordinance either reducing or abating the tax levy of the Village of Buffalo Grove for calendar 2014 or requiring that any such surplus be shown as available for appropriation and expenditure in the upcoming fiscal year. SECTION 2. The Village Clerk is hereby directed to file a certified copy of this Resolution with the Cook County Clerk. The filing of said Resolution is in conformance with docket number 81 CH 3057. AYES: NAYES: ABSENT: PASSED: 2014. APPROVED: 2014. APPROVED: Village President ATTEST: Village Clerk Resolution No. 2014-28: A Resolution Approving an Agreement for Design Engineering Services for the 2015 10-B Village Wide Contractual Street Improvement Project .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The attached resolution allows approval of an agreement for design engineering services for the 2015 street improvement project of various Village streets with a not to exceed amount of$46,100.00. This project is consistent with the proposed 2015 budget and 2015 Capital Improvement Program. Staff recommends approval of the resolution. Attachments Res 2015 design.pdf 2014.M058 Buffalo Grove 2015 MFT.pdf Trustee Liaison Staff Contact Trustee Stein Darren Monico,Public Works .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, December 1, 2014 Consent Agenda: Ordinances and Resolutions - Item : 10-B RESOLUTION NO. 2014— A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE 2015 VILLAGE WIDE CONTRACTUAL STREET IMPROVEMENT PROJECT WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE desire to cause the implementation of the 2015 Village Wide Contractual Street Improvement Project, and WHEREAS, the approval of an agreement with a consulting engineer is required in order to proceed with the necessary engineering of the project. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby authorized and directed to execute the "Design Engineering Services Agreement' with Gewalt Hamilton Associates, Inc. A copy of said contract is attached hereto and made a part hereof. AYES: NAYES: ABSENT: PASSED: 12014 APPROVED: 12014 APPROVED: Village President ATTEST: Village Clerk G EWAL T HAMILTON November 21, 2014 ASSOCIATES, INC. CONSULTING ENGINEEIPS Mr. Darren Monico, P.E. 625 Forest Idle Drive,Vernon Hills,11,60061 Village Engineer Tm.847.478.9700 IN FAx 847.478.9701 Village of Buffalo Grove 51 Raupp Blvd www.glia-engineers.com Buffalo Grove, Illinois 60089 Re: Professional Engineering Services 2015 Roadway MFT Project Village of Buffalo Grove GHA Proposal No. 2014.M058 Dear Mr. Monico: Thank you for considering Gewalt Hamilton Associates, Inc. (GHA)for the design engineering services and preparation of plans and specifications for the above referenced roadway improvement projects. The Roadway Program will consist of 13 roadways with varying amounts of work. The roadways under consideration are: • Cherbourg Court S (Cherbourg Dr to cul-de-sac) =440 LF • Cherbourg Court N (Cherbourg Dr to cul-de-sac) =220 LF • Cherbourg Drive (McHenry Road to W Fox Hill Drive) = 950 LF • Toulon Drive (Cherbourg Dr to cul-de-sac) = 890 LF • W Fox Hill Drive (Buffalo Grove Road to 120' west of Dunhill Dr) =2,050 LF • Marseilles Circle (W Fox Hill Drive to Toulon Drive) =2,450 LF • Alsace Circle (W Fox Hill Drive to W Fox Hill Drive) = 1,010 LF • Alsace Court (Alsace Circle to cul-de-sac) =230 LF • Newton Drive (Weiland Road to Highland Grove Drive) = 1,260 LF • E Fox Hill Drive (Newton Drive to Highland Grove Drive) = 1,610 LF • Prairie Lane (Newton Drive to E Fox Hill Drve) = 710 LF • Hill Court W(E Fox Hill Drive to cul-de-sac) =240 LF • Hill Court E (E Fox Hill Drive to cul-de-sac) = 190 LF If you should have any questions or require additional information, please do not hesitate to contact me. Sincerely, Gewalt Hamilton Associates, Inc. Leo X. Morand, P.E. Civil Engineer ImorandQgha-engineers. om End.: GHA Proposal No.2014.M058 I I GEWALT MI TORN Ilk I ASSOCIATES, INC. Professional Engineering Services CONSULTING ENGIN EERS 2015 Roadway MFT Project 625 Forest Edge Drive,Vernon Hills, 11,60061 Village of Buffalo Grove 947.47&9700 0 FAx 847.47&9701 GHA Proposal No. 2014.M058 www.glia-eiigiiieers.coni Village of Buffalo Grove (Client), 51 Raupp Blvd, Buffalo Grove, IL 60089, and Gewalt Hamilton Associates, Inc. (GHA), 625 Forest Edge Drive, Vernon Hills, IL 60061, agree and contract as follows: I. Project Understanding The Village of Buffalo Grove wishes to conduct roadway improvement project consisting of work at various locations within the Village, as follows: 1. Cherbourg Court S from Cherbourg Drive to cul-de-sac—440 feet a. The Cherbourg Court S project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. 2. Cherbourg Court N from Cherbourg Drive to cul-de-sac—220 feet a. The Cherbourg Court N project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. November 21,2014 GHA Proposal No.2014.M058 Page 1 of 8 3. Cherbourg Drive from McHenry Road to W Fox Hill Drive—950 feet a. The Cherbourg Drive project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. 4. Toulon Drive from Cherbourg Drive to cul-de-sac—890 feet a. The Toulon Drive project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. 5. W Fox Hill Drive from Buffalo Grove Road to 120'west of Dunhill Drive—2,050 feet a. The W Fox Hill Drive project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. d. A Lake County Department of Transportation (LCDOT) Facility Permit will be required for work within the Buffalo Grove Right-of-Way. November 21,2014 GHA Proposal No.2014.M058 Page 2 of 8 6. Marseilles Circle from W Fox Hill Drive to Toulon Drive—2,450 feet a. The Marseilles Circle project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. 7. Alsace Circle from W Fox Hill Drive to W Fox Hill Drive— 1,010 feet a. The Alsace Circle project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. 8. Alsace Court from Alsace Circle to cul-de-sac—230 feet a. The Alsace Court project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. November 21,2014 GHA Proposal No.2014.M058 Page 3 of 8 9. Newton Drive from Weiland Road to Highland Grove Drive— 1,260 feet d. The Newton Drive project will most likely include spot curb and gutter removal and replacement and full width pavement milling and resurfacing. Typical sections, quantities and specifications will be developed for bidding and construction. No engineering plans will be developed for this roadway section. e. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. f. Confirmation that the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements is not included in our scope of work. We will however assume that all curb ramps need to be replaced and quantities will be determined for this work. It shall be the responsibility of the resident engineer during construction to determine the extent of this work and that the final installation meets the current State of Illinois accessibility requirements. g. A Lake County Department of Transportation (LCDOT) Facility Permit will be required for work within the Weiland Road Right-of-Way. 10. E Fox Hill Drive from Newton Drive to Highland Grove Drive — 1,610 feet a. The E Fox Hill Drive project will most likely include full curb and gutter removal and replacement and full depth pavement reconstruction. The method of reconstruction will be determined in consultation with the Village staff. Full plans and specifications will be developed for bidding and construction. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. A conventional existing condition survey of the street is already being provided under a separate contract. d. The project will also include confirming the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements. e. A Lake County SMC WDO Permit for Public Road Development will be required for the work due to disturbing more than 5,000 square feet. 11. Prairie Lane from Newton Drive to E Fox Hill Drive—710 feet a. The Prairie Lane project will most likely include full curb and gutter removal and replacement and full depth pavement reconstruction. The method of reconstruction will be determined in consultation with the Village staff. Full plans and specifications will be developed for bidding and construction. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. A conventional existing condition survey of the street is already being provided under a separate contract. d. The project will also include confirming the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements. November 21,2014 GHA Proposal No.2014.M058 Page 4 of 8 e. A Lake County SMC WDO Permit for Public Road Development will be required for the work due to disturbing more than 5,000 square feet. 12. Hill Court W from E Fox Hill Drive to cul-de-sac—240 feet a. The Hill Court W project will most likely include full curb and gutter removal and replacement and full depth pavement reconstruction. The method of reconstruction will be determined in consultation with the Village staff. Full plans and specifications will be developed for bidding and construction. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. A conventional existing condition survey of the street is already being provided under a separate contract. d. The project will also include confirming the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements. e. A Lake County SMC WDO Permit for Public Road Development will be required for the work due to disturbing more than 5,000 square feet. 13. Hill Court E from E Fox Hill Drive to cul-de-sac— 190 feet a. The Hill Court E project will most likely include full curb and gutter removal and replacement and full depth pavement reconstruction. The method of reconstruction will be determined in consultation with the Village staff. Full plans and specifications will be developed for bidding and construction. b. The Village will provide all necessary pavement cores, quantities, and CCDD testing/documentation. c. A conventional existing condition survey of the street is already being provided under a separate contract. d. The project will also include confirming the existing sidewalk and curb ramps meet current State of Illinois accessibility requirements. e. A Lake County SMC WDO Permit for Public Road Development will be required for the work due to disturbing more than 5,000 square feet. II. Scope of Services The scope of services is based upon our knowledge of the Village, our review of the information furnished to us, and our extensive experience in preparing contract documents for infrastructure improvement projects. A. IDOT Coordination GHA will assist the Village through the IDOT MFT process from project initiation to Contract approval by IDOT. We will prepare all necessary forms for execution by the Village and submittal to IDOT. We will also coordinate all meetings with IDOT to secure approval of the plans. November 21,2014 GHA Proposal No.2014.M058 Page 5 of 8 B. Engineering Plans, Specifications, and Estimates 1. Meet with Village Staff to discuss pavement strategies and project approach. We anticipate up to six (6) meetings with Village staff throughout the design process. We have based our level of compensation on this number of meetings. 2. Preparation of final engineering plans in accordance with IDOT MFT requirements. 3. Preparation of special provisions and specifications in accordance with IDOT MFT requirements. 4. Preparation of an Engineer's opinion of probable cost based on the completed final engineering plans. 5. Preparation of a Stormwater Pollution Prevention Plan for roadways that disturb earth with a cumulative total of at least 1 acre. C. Permitting and Bidding 1. Preparation of submittals to various review agencies (beyond IDOT) necessary to begin work. It is anticipated that an IEPA NPDES permit submission, an LCSMC WDO Permit submission (Erosion Control Only) and an LCDOT permit submission will be required for portions of the project. 2. Preparation of the necessary proposal booklets and schedules in order for Contractor's to bid the project. 3. Manage the bidding process on behalf of the Village. GHA will respond to all technical inquiries regarding the project. 4. Attendance the bid opening, tabulation of the bids, and preparation of a recommendation. D. Construction Contract 1. Assist Village with executing a Contract with the selected Contractor as well as obtaining a Contract Bond. 2. Assist the Village with completion of the IDOT Contract and Contract Bond Booklet and submit it to IDOT for approval. III. Additional Services, and Services not Included We are prepared, and would be pleased to provide additional assistance outside the scope described. These services may be provided at the request of the Village of Buffalo Grove as an additional service. 1. Meetings with public officials, Village staff, agencies, homeowners, or consultants beyond those noted in the scope.Attendance at public hearings. 2. Performing surveying, mapping, and topographic work, including investigation of underground utilities and physical location of them (being provided under separate contract). 3. Clean Construction or Demolition Debris (CCDD)testing, analysis, and certification. 4. Coordinating relocation of non-Village owned utilities. 5. Construction staking or any construction phase services. November 21,2014 GHA Proposal No.2014.M058 Page 6 of 8 6. Preparation of multiple bid set plans or phased plans. 7. Review fees or utility locate fees. IV. Engineering Staff and Proposed Schedule Mr. Leo X. Morand, P.E. will function as the Project Manager.Additional professional and technical staff will provide support as needed. GHA will work with the Client to establish an acceptable timeline for the project. We will make every reasonable effort to ensure that project milestones and deadlines are met. V. Compensation for Services GHA proposes billing on a time-and-materials (T&M) basis for a not-to-exceed (NTE)fee as shown below. Service NTE Fee Final Engineering Design Plans & Specs $44,600.00 Estimated Reimbursable Expenses $1,500.00 T&M NTE + Reimbursables $46,100.00 For any additional services beyond those outlined in Section //: Scope of Services, the Client shall pay GHA in accordance with the following hourly rates: GHA 2014 Hourly Billing Rates Principal Engineer $190/hr Senior Engineer $160/hr Senior Environmental Consultant $160/hr Professional Engineer $132/hr Registered Land Surveyor $114/hr GIS Professional $114/hr Staff Engineer $110/hr Senior Engineering Technician $108/hr Environmental Consultant $106/hr Engineering Technician II $92/hr Engineering Technician I $66/hr Clerical $54/hr Reimbursable expenses, including items such as printing, messenger service, mileage etc., will be billed directly to the client without markup. Invoices will be submitted on a monthly basis by phase, and will detail services performed. This permits the client to review the status of the work in progress and the charges made. November 21,2014 GHA Proposal No.2014.M058 Page 7 of 8 VI. General Conditions The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be performed as reasonably required in accordance with the generally accepted standards for civil engineering and surveying services as reflected in the contract for this project at the time when and the place where the services are performed. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or GHA. GHA's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against GHA because of this Agreement or the performance or nonperformance of services hereunder. In no event shall GHA be liable for any loss of profit or any consequential damages. GHA shall not have control of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for job site safety measures. Such control is the sole responsibility of the Client's contractor. The Client, and not GHA, is responsible for ensuring that the contractor implements the Storm Water Pollution Prevention Plan (SWPPP), including maintenance and/or repair of soil erosion and sediment control measures for compliance with the General NPDES Permit for Storm Water Discharges from Construction Site Activities. GHA assumes no liability for any actions by the Illinois Environmental Protection Agency(IEPA) resulting from the contractor's failure to comply with SWPPP or the requirements of the General Permit. The Client and GHA agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation in Chicago, Illinois unless the parties mutually agree otherwise. This Agreement, including all subparts and Addendum to Contract, which is attached hereto and incorporated herein as the General Provisions of this Agreement, constitute the entire integrated agreement between the parties which may not be modified without all parties consenting thereto in writing. By signing below you indicate your acceptance of this Agreement in its entirety. Gewalt Hamilton Associates, Inc Village of Buffalo Grove Todd P. Gordon, P.E. Associate/Senior Engineer Name: Title: Date: Encl.: Attachment A November 21,2014 GHA Proposal No.2014.M058 Page 8 of 8 ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES,INC. PROFESSIONAL SERVICES AGREEMENT The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be performed as reasonably required in accordance with the generally accepted standards for civil engineering and surveying services as reflected in the contract for this project at the time when and the place where the services are performed. The terms of this Agreement are subject to renegotiation if not accepted within 60 days of the date indicated on the contract. Requests for extension beyond 60 days should be made in writing prior to the expiration date. The fees and terms of the Agreement shall remain in full force and effect for one year from the date of acceptance of the Agreement, and shall be subject to revision at that time, or any time thereafter,if GHA gives written notice to the other party at least 60 days prior to the requested date of revision. In the event that the parties fail to agree on the new rates or other revisions,either party may terminate this Agreement by giving the other party 10 days written notice. Payments are due within(30)days after a statement is rendered. Fees not paid within 60 days of the end of the calendar month in which the statement is rendered will bear interest at the rate of one percent(1.0%)per month until paid. The provision for the payment of interest shall not be construed as authorization to make payments late. Failure of the Client to make payments when due shall, at the option of GHA,be cause for suspension of services. Upon notification by GHA of suspension of services, Client shall make payment of all outstanding invoices within seven days. Client's failure to make such payment to GHA shall constitute a material breach of the Agreement and shall be cause for termination by GHA. GHA shall be entitled to reimbursement of all costs actually incurred by GHA in collecting overdue accounts under this Agreement,including,without limitations,legal fees and costs. The Client's obligation to pay for the professional services provided is in no way dependent upon the Client's ability to obtain financing, rezoning,payment from a third party,approval of governmental or regulatory agencies or the Client's successful completion of the project. The Client and GHA agree that any documents prepared by either party shall conform to the specifications listed in the Engineering Agreement. Any electronic files submitted by GHA to the Client are submitted for an acceptance period of 10 days. Any defects the Client discovers during this period will be reported to GHA and will be corrected as part of GHA's Basic Scope of Services. Corrections of defects detected and reported after the acceptance period will be compensated for as Additional Services. The Client acknowledges GHA's plans and specifications, including field data, notes, calculations, and all documents or data on electronic media, as instruments of professional service. The plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to GHA. However, GHA shall retain ownership rights over all electronic data and documents. The Client shall not reuse or make or permit to be made any modification to the plans, specifications, or electronic data without the prior written authorization of GHA. The Client agrees to waive any claim against GHA arising from any unauthorized reuse or modification of the plans and specifications or electronic data. The Client agrees,to the fullest extent permitted by law,to defend and indemnify and hold GHA harmless from any damage, liability or cost, including attorneys' fees and costs, arising from any reuse or modification of the plans, specifications, or electronic data by the Client or any person or entity which acquires or obtains the plans, specifications, or electronic data from or through the Client. The client is aware that differences may exist between the electronic files delivered and the printed plans and specifications. In the event of a conflict between the signed and/or sealed printed plans and specifications prepared by GHA and electronic files, the signed and/or sealed printed plans and specifications shall govern. The Americans with Disabilities Act(ADA)provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Client acknowledges that the requirements of the ADA will be subject to various,and possibly contradictory interpretations. GHA,therefore,will use reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to the project. GHA, however cannot and does not warrant or guarantee that the Client's project will comply with interpretations of ADA requirements and/or requirements of other federal,state and local laws,rules,codes,ordinances,and regulations as they apply to the project. If required by the contracted scope of services,GHA,shall prepare an opinion of probable construction costs,which shall be submitted to the Client for review. Since GHA has no control over the cost of labor,materials,or equipment,or over the contractor's methods of determining prices,or over competitive bidding or market conditions,opinions of probable costs,if called for by this Agreement as part of GHA's scope, shall be made on the basis of experience and qualifications applied to the program contemplated by the Agreement and information provided by Owner, and represent a reasonable judgment as a design professional familiar with the construction industry. However, GHA cannot and does not guarantee or warrant that proposals,bids, or the actual construction costs will not vary from opinions of probable cost prepared for the Client. If the Client wishes greater assurance as to the construction cost,Client agrees it will employ an independent cost estimator. If required by the Scope of Services, GHA shall visit the project at defined intervals during construction to become generally familiar with the progress and quality of the contractors' work to determine if the work is proceeding in general conformance with the Contract Documents. Attachment A,November,2006 Page 1 of 2 Client agrees that GHA does not have control of and is not responsible for construction means,methods,techniques,sequences or procedures, or for safety measures and programs including enforcement of Federal, State and County safety requirements,in connection with construction work performed by the Client's construction contractors. GHA is not responsible for the supervision of Client's construction contractors, subcontractors, materialmen, suppliers, or any of their employees, agents and representatives of such contractors; or responsible for any machinery,construction equipment,and tools used and employed by contractors and subcontractors in the project. GHA,Inc.has no authority or right to stop the work. In no event shall GHA be liable for the acts or omissions of Client's construction contractors, subcontractors, materialmen or suppliers,or any persons or entities performing any of the construction work, or for failure of any of them to carry out their work as called for by the Construction Documents. Neither the professional activities of GHA,nor the presence of GHA or its employees and subconsultants (if any)at a construction site, shall relieve the Contractor or any other entity of their obligations, duties and responsibilities including but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, superintending or coordinating all portions of the Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies or industry practice. GHA personnel have no authority or right to exercise any control or direction over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the Contractor is solely responsible for jobsite safety, and warrants that this intent shall be included in the Client's agreement with the Contractor. The Client also agrees that the Client, GHA,and GHA's personnel and consultants shall be defended/indemnified by the Contractor for all claims asserted against GHA which arise out of the Contractor's or its subcontractors' negligence, errors or omissions in their performance of their work, and shall also be named as an additional insured under the Contractor(s)'s general liability insurance policy. It is acknowledged by both parties that GHA's scope of services does not include any services related to asbestos,mold, fungus or any other hazardous or toxic materials,contaminants or pollutants. In the event that GHA,or any other party encounters asbestos mold, fungus or any other hazardous or toxic materials,contaminants or pollutants at the job site, or it should become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of GHA, GHA may, at its option and without liability for consequential or any other damages, suspend performance of its services on the project until the Client retains appropriate specialist consultants or contractors to identify,abate and/or remove the asbestos,mold, fungus or any other hazardous or toxic materials,contaminants or pollutants and further warrant that the jobsite is in full compliance with applicable laws and regulations. If required by the scope of services, records drawings (or revised specifications) will be prepared, in part, on the basis of information compiled and furnished by others, the accuracy of which GHA may reasonably rely upon, GHA will not be responsible for any errors or omissions,which have been incorporated into this document due to information furnished by others. When preparing civil engineering or surveying plans and drawings, information on existing underground utilities or soil conditions is provided from the best information available. This information may be obtained from visible surface evidence, utility company records or soil borings,and is not represented to be the exact location of these utilities or soils in the fields. Client agrees that GHA may reasonably rely on the accuracy of information furnished by third parties. Contractor is solely responsible for exact utility locations. Client shall not hold GHA responsible for Contractor's error/omission in the utility locations. Client agrees GHA is not responsible for additional costs which result from utility conflicts or unforeseen conditions. If the Client wishes to obtain the services of a contractor to provide test holes and exact utility locations, GHA, may incorporate that information into the design and reasonably rely upon same. If not included in the scope of services,such work will be compensated as additional services. The Client agrees to limit GHA's professional liability to the Client and to all construction contractors, or subcontractors on the project arising from GHA, Inc.'s alleged negligent acts, errors, or omissions, such that the total aggregate liability of GHA, Inc. to all those named shall not exceed$50,000 or GHA's total fee for the services rendered on this project,whichever is greater. GHA, Inc. makes no warranties, either expressed or implied, including any warranty of habitability, merchantability or fitness for any particular purpose. In no event shall GHA be liable for any loss of profit or any consequential damages. All claims,disputes,controversies or matters in question arising out of or relating to this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence (collectively "disputes") shall be submitted to mediation before and as a condition precedent to any other remedy. Upon written request by either party to this Agreement for mediation of any dispute,the Client and GHA shall select by mutual agreement a neutral mediator. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client or GHA within ten(10)calendar days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American Arbitration Association then in effect. Mediation shall take place in Chicago, Illinois unless the Client and GHA agree otherwise. The fees of the mediator(s)and costs incurred by the mediator(s)shall be apportioned equally between the parties. Either the Client or GHA may terminate this Agreement without penalty at any time with or without cause upon giving the other party ten (10)calendar days prior written notice. The Client shall,within thirty (30) calendar days of termination pay GHA for all services rendered and all costs incurred up to the date of termination, in accordance with compensation provisions to this Agreement. The Client shall also reimburse GHA termination expenses, including, but not limited to, those associated with demobilization, reassignment of personnel and space and equipment costs. Client shall not assign this Agreement without GHA's written consent. Attachment A,November,2006 Page 2 of 2 Resolution No. 2014-29: A Resolution Requesting the County of Cook Not to Collect the Loss in Collection on 10-C Taxable Property in the Village of Buffalo Grove .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The County Clerks of both Cook and Lake County have statutory authority to increase local tax levies in order to offset losses due to non-collection of property taxes within the respective counties. In Cook,the increase can equal 3 percent of corporate purpose and pension levies with an additional 5 percent for debt principal and interest levies. In Lake County,the authority is similar,but not as broad as the only levies that can be increased are for bonded principal and interest,which are increased by only two percent. For the 2014 Tax Levy, an additional amount of$114,788 will be extended automatically to offset loss in collections if no action is taken. The Village has the option,through the adoption of resolutions,to direct the County Clerks not to collect these additional charges and fees. This action has been requested of both Cook and Lake Counties on an ongoing basis. Based on the Village's ten year collection history in Cook County (98.3 percent from the 2003 levy) and in Lake County (99.9 percent for the same period), combined with the proceeds of the Personal Property Replacement Tax and other revenue, justification again exists to request these additional levies not be extended; overall the total collection of taxes levied in the ten-year period is 99.5% The Tax Levy Ordinance for 2014 will not include any cost of collection due to extension losses. Future collection history versus levy will continue to be analyzed to determine if there will ever be a need to re- institute the supplemental levies. For tax year 2014, Resolutions have been prepared for Village Board consideration. Attachments 2014 Cost of Collection Resolutions-Cookpdf Trustee Liaison Staff Contact Trustee Ottenheimer Scott D Anderson,Finance&GS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, December 1, 2014 Consent Agenda: Ordinances and Resolutions - Item : 10-C RESOLUTION NO. 2014- A RESOLUTION REQUESTING THE COUNTY OF COOK NOT TO COLLECT THE LOSS IN COLLECTION ON TAXABLE PROPERTY IN THE VILLAGE OF BUFFALO GROVE WHEREAS,the Village of Buffalo Grove has experienced a high level of property tax collections from its residential and commercial property in Cook County as verified by audit and collection procedures;and WHEREAS,the County of Cook has made it a policyto extend additional amounts over and above the annual tax levy requests of the Village of Buffalo Grove in order to offset any loss in collection of the tax levy; and WHEREAS,those additional taxes will not be needed by the Village of Buffalo Grove to perform its operational, pension and debt service responsibilities to its citizens. NOW,THEREFORE, BE IT RESOLVED BYTHE PRESIDENTAND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that: SECTION 1. The County Clerk of Cook County is hereby directed not to levy the customary percentage amounts for loss and collection as part of the extension of those levies requested by the Village of Buffalo Grove in its 2014 Tax Levy Ordinance upon all taxable property within the Cook County boundaries of the Village. SECTION 2. The Village Clerk is hereby directed to send a certified copy of this Resolution to the County Clerk of Cook County. AYES: NAYES: ABSENT: PASSED: 2014. APPROVED: 12014. Village President ATTEST: Village Clerk Resolution No. 2014-30: A Resolution Requesting the County of Lake Not to Collect the Loss in Collections on 10-D Taxable Property in the Village of Buffalo Grove .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The County Clerks of both Cook and Lake County have statutory authority to increase local tax levies in order to offset losses due to non-collection of property taxes within the respective counties. In Cook,the increase can equal three percent of corporate purpose and pension levies with an additional five percent for debt principal and interest levies. In Lake County,the authority is similar,but not as broad as the only levies that can be increased are for bonded principal and interest,which are increased by only two percent. For the 2014 Tax Levy an additional amount of$114,788 will be extended automatically to offset loss in collections if no action is taken. The Village has the option,through the adoption of resolutions,to direct the County Clerks not to collect these additional charges and fees. This action has been requested of both Cook and Lake Counties on an ongoing basis. Based on the Village's ten year collection history in Cook County (98.3 percent from the 2003 levy) and in Lake County (99.9 percent for the same period), combined with the proceeds of the Personal Property Replacement Tax and other revenue, justification again exists to request these additional levies not be extended; overall the total collection of taxes levied in the ten-year period is 99.5% The Tax Levy Ordinance for 2014 will not include any cost of collection due to extension losses. Future collection history versus levy will continue to be analyzed to determine if there will ever be a need to re- institute the supplemental levies. For tax year 2014, Resolutions have been prepared for Village Board consideration. Attachments 2014 Cost of Collection Resolutions-Lake.pdf Trustee Liaison Staff Contact Trustee Ottenheimer Scott D Anderson,Finance&GS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, December 1, 2014 Consent Agenda: Ordinances and Resolutions - Item : 10-D RESOLUTION NO. 2014- A RESOLUTION REQUESTING THE COUNTY OF LAKE MOTTO COLLECTTHE LOSS IN COLLECTION ON TAXABLE PROPERTY IN THE VILLAGE OF BUFFALO GROVE WHEREAS,the Village of Buffalo Grove has experienced a high level of property tax collections from its residential and commercial property in Lake County as verified by audit and collection procedures; and WHEREAS,the County of Lake has made it a policyto extend additional amounts over and above the annual tax levy requests of the Village of Buffalo Grove in order to offset any loss in collection of the tax levy; and WHEREAS,those additional taxes will not be needed by the Village of Buffalo Grove to perform its operational, pension and debt service responsibilities to its citizens. NOW,THEREFORE, BE IT RESOLVED BYTHE PRESIDENTAND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that: SECTION 1.The County Clerk of Lake County is herebydirected notto levythe customary percentage amounts for loss and collection as part of the extension of those levies requested by the Village of Buffalo Grove in its 2014 Tax Levy Ordinance upon all taxable property within the Lake County boundaries of the Village. SECTION 2. The Village Clerk is hereby directed to send a certified copy of this Resolution to the County Clerk of Lake County. AYES: NAYES: ABSENT: PASSED: 2014. APPROVED: 12014. Village President ATTEST: Village Clerk Certificate of Initial Acceptance and Approval: Burdeen's 10-E Jewelry Store .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval of the Certificate of Initial Acceptance. Overview Attached is the Certificate of Initial Acceptance and Approval for the Burdeen's Jewelry Store Development. The improvements have been completed. Staff recommends approval of the improvements and starting the year maintenance period. Attachments CERT OF INT ACC APP-Burdeen's.pdf Trustee Liaison Staff Contact Trustee Stein Darren Monico, M.o�n.d�aY>............December ...1........2�0.1.�4....................................................................................................Consent ..Agenda: .�....New ...Business ..._...Item ....�....1O �E.......................................... •om:Matt Burdeen Fax:(847)458-8880 To: Fax: +1 (847)823-3303 Page 2 of 3 11/15/2014 8:28 VILLAGE OF BUFFALO GROVE CERTIFICATE OF INITIAL ACCEPTANCE AND APPROVAL SUBMIT COMPLETED FORM ALONG WITH ONE MYLAR AND TWO SETS OF "AS-BUILT" PLANS. ALL INFORMATION MUST BE TYPED. SUBDIVISION Burdeen's Jewelry DEVELOPER Burdeen's UNIT NO. N/A LOCATION 1151 W Lake Cook Road Buffalo Grove IL Dedicated Public Right of Way (if any): N/A Description of Public Improvements: san ta!y sewer extension Description of Private Improvements: Jewelry store, parking lot, storm water detention, landscaping, site li htin and utilit service lines. One-Year Maintenance Guarantee: Type of Security: Cash Escrow DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the improvements described above have been completed in accordance with the approved plans and specifications, and items indicated on the Final Punch List dated November 11, 2014 which was prepared by the Village of Buffalo have been completed. gineer's Sign tore& Seal 22114 062- 094066' OWNER'S/DEVELOPER'S CERTIFICATION All improvements have been completed and are hereby presented for initial Acceptance and Conveyance to the Village of Buffalo Grove. I also herewith acknowledge my responsibility to provide a one-year Guarantee to cover workmanship, materials, and maintenance for all improvements referred to herein. The undersigned Owner does hereby convey and delier'"� a illage of Buffalo Grove aregoing listed public improvements and does hereby covenant said improvemen re free of all encumbrances and does hereby warrant and will defend t e against the c and demands of all persons. °s Signature Page 1 of 1 •om:Matt Burdeen Fax:(847)459-8980 To: Fax: +1 (847)823-3303 Page 3 of 3 11115/2014 8:28 MUNICIPAL INSPECTOR'S CERTIFICATION I/we hereby certify that I/we have regularly inspected the above described unit(s) of the above described Subdivision during the progress of construction and to the best of my/our knowledge; the work has been completed in conformance with the approved plans and specifications. Date Munidpal I spector VILLAGE ENGINEER'S CERTIFICATION I hereby certify that the Division of Engineering Services has reviewed the above described unit(s) of the above described Subdivision and find them in conformance with ,he applicable Village ordinances, codes, and agreements. ...m�. Date Villa Engineer PUBLIC WORK'S CERTIFICATION I hereby certify that the Department of Public Works has inspected all public imp vements described above and find them in proper condition for acceptance for mainten c -by thi epartment. II c Date Director of PubXbWorks VILLAGE MANAGER'S CERTIFICATION I hereby certify that all applicable Village ordinances, codes, and special agreements have been complied with by the Owner of the above described Subdivision. //2r/1Y Date Village Man g-er ACCEPTANCE OF PUBLIC IMPROVEMENTS The Village of Buffalo Grove does hereby approve and accept for ownership the above described public improvements subject to the one-year Guarantee by the Developer covering all materials, workmanship, and maintenance. Village Board of Trustees Action: December 1t, 2014 Date Page No. Date Village President Page 2 of 2 Award of Bid: Contract Tree Trimming 10-F .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $300,966 100.55.20.510.10 $100,322 per year,three year contract Overview At the October 20th Board meeting,the Village Board authorized Public Works to bid tree trimming services through the Municipal Partnering Initiative (MPI). Bid advertisements were sent to 14 area vendors, published and made available on-line. On October 22, 2014,the bids were opened with three bids being received. The bid being considered is a three-year contract that will commence upon approval by the Board and will expire on or about December 17, 2017. Reference checks for the low bidder,Winkler Tree Service, were conducted with favorable results and Winkler has successfully performed contracts of similar size and scope for other municipalities in the area including MPI partners Lincolnshire and Wilmette. As a fixed unit price contract, costs will remain unchanged for three-year term. The quantities shown in the bid documents were for bidding purposes only and represent a five-year trimming cycle based upon current parkway tree population. The Village can adjust those quantities as budgeting or changes in the desired work product require. For the purposes of this contract award, it is planned to trim approximately 2,400 trees annually through the contract. In 2013, the Forestry Section trimmed 2,484 trees at a cost of$126,029 ($50.72 per Tree). Based upon the bids submitted through the MPI process,the Village could accomplish the same amount of work under contract for$100,322 ($40.37 per tree). This represents a 20 percent reduction in parkway tree trimming cost and will also free up existing Public Works crews to trim more trees as well, bringing the section back to a five year tree trimming cycle. This combination of in-house and contractual work will cut down on tree trimming requests, storm damage, and other side effects of the current eight year tree trimming schedule. While not budgeted as a maintenance contract in the proposed 2015 Forestry section budget, staff recommends offsetting the contract cost through the salary and benefits reduction of one maintenance worker in the Forestry section of Public Works. This position is currently open, and would not be filled if the tree trimming contract is authorized. Attachments MPI Base Bid Results.pdf Tree Pruning Consortium-RFP No 14-M-0016-Addendum No One.pdf Tree Pruning Consortium-RFP No 14-M-0016.pdf(Appendix) Trustee Liaison Staff Contact Trustee Stein Michael J Reynolds,Public Works M.on.daY>............December ...1........20.1.4....................................................................................................Consent ..Agenda: .....New Business ..._...Item ........1.0.F........................................... 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CJ - 5 w « wwamcc (D7 , MMMMCN mmm w \ 72mmm § \ � ® k \ « # m o w c ± 99mawf _ m # a a a m Q mmmmmm 2 � @ = oorooCNw000 5 » g9999 © rood « am « aWaaaa ® ° 7 m « w r # C # « r i3 LQ o - � � cl, « « � rmao � f \ � 22 � mmo Q \ \ CD d \ o00000 co ± 9 9 0 0 0 0 (Y)(Y) « « « o � a \ \ / \ � E � k a � « & r « r # � 2 / R 7 % 20 \ - \ 33 Qa4 am 2 � � 2 / w E o % ao 7 / t § © 7 w O § @ - : k » S ƒ \ \ \ S J 2 2 5 ° / / / » \ k \ A k \ \ � \ co Co G G E E & \ a % E E E p � as Au ± k 0 2 k m VILLAGE OF WILMETTE 1200 WILMETTE AVENUE WILMETTE, ILLINOIs 60091 ADDENDUM NO. ONE (1) Tree Pruning Consortium Request For Proposal No. 14-M-0016 Please incorporate the following change to the RFP documents - before submitting your RFP Proposal - by no later than 10:30AM on Wednesday October 22, 2014. ADDENDUM NO. ONE (1) - Consists of changes to the following areas of RFP No. 14-M-0016, as found on page 17 of the document: LIQUIDATED DAMAGES FOR NONCOMPLIANCE WITH CONTRACT(EXISTING LANGUAGE) Should the CONTRACTOR fail to meet the designated starting and completion dates, a penalty of $100 per day shall be assessed. The work on this contract shall commence November 12, 2014 and all work shall be completed prior to December 31 of each calendar year. In addition, sixty five percent (65%) of the dollar value of the contract shall be completed by June 1 of each calendar year as an indication that the CONTRACTOR is satisfactorily progressing toward completion of the Contract. LIQUIDATED DAMAGES FOR NONCOMPLIANCE WITH CONTRACT„ III „I II Should the CONTRACTOR fail to meet the designated starting and completion dates, a penalty of $100 per day shall be assessed. ..Il..lh e CON 11 Il% C'I OII% shrallll brr lin work our or Ih) uuut Nover6beir 1.2N 2014 and the Contract wH1 rrxp re our Decer6lbrrir 31, 2017 wlth the arnauorlty of the pruuunr ng work to be aontt�fiu etw l as olain �)F the VH...lh & 'S sallrealaulled pruinlng prograirns WNch occuir duiring the ii-no th s, of January through Api,lillb and Ilyowrrruarlbeir through Il)earruarllarrir. qua adfflbon, sJxty...five percent (65%) of the alarlHar wralluuiie of the Contract (prorated over a 1.3 amonth perliod) sh aH1 be coirnplleted duiring the uararuatIh s, of January thriroulighr Api,Vll and each cafe dar year as an uuanrlacabon that the COIN II II% C II 0II% us sabisfact irlilly pirogressJng toward n oirnplr bon of the Contract. Continued, page two... Village of Wilmette Page 1 Please include this addendum as a part of your proposal. Failure to provide acknowledgement of ADDENDUM NO. ONE (1) may result in Contractor's Proposal being considered non-compliant. Additional Information for RFP 14-M-0016—Tree Pruning Consortium Note: This information was requested by the Contractors who attended the Pre-Proposal Meeting for this RFP, at the Village of Wilmette Public Works on Friday, Oct 1011, 2014. • Performance and Payment Bonds are required for this contract as shown in the RFP document. • Budget Estimates for 2015 for Tree Pruning Work: o Buffalo Grove— Not available. This work was done in-house previous to this point. o Village of Lincolnshire - $15,000.00 o Village of Wilmette - $77,000.00 Villages of Buffalo Grove,Lincolnshire and Wilmette/10-14-2014 Village of Wilmette Page 2 See appendix: Appendix002- Tree Pruning Consortium - RFP No 14-M-0016.pdf i Authorization to Request Proposals - for Golf Course 10-G Maintenance .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Staff seeks authorization to request proposals for golf course maintenance services. All proposals will be compared with current costs to provide this service in-house in order to affect the most cost-effective method of service delivery. Attachments Invite Golf Maintenance.pdf Trustee Liaison Staff Contact Trustee Ottenheimer Geoff Tollefson, M.on.daY>............December ...1........20.1.4....................................................................................................Consent ..Agenda: .....New ...Business ..._...Item ........1.0.G......................................... REQUEST FOR PROPOSAL Village of Buffalo Grove Golf Course Maintenance Services RECEIPT OF PROPOSALS Sealed Proposals for the Village of Buffalo Grove Golf Course Maintenance Services are invited and will be received by the Village of Buffalo Grove(hereinafter referred to as The Village)at 50 Raupp Boulevard (Office of the Village Clerk), Buffalo Grove, Illinois 60089 on or before, but not later than 1.0:111111.11V. Local Time on Wednesday, Vjnujry 7, 2015 Proposals will not be publically opened and read aloud. Each Proposer shall be required to submit one original and two copies of their respective Proposal in a sealed envelope or box.Sealed envelopes or packages containing Proposals shall be marked or endorsed: Proposal for Village of Buffalo Grove, Illinois Golf Course Maintenance Services SITE VISIT All Proposers are required to visit each site at 1:30 pni on 1 sues ay, December 1.6, 2014. Interested parties will meet at Buffalo Grove Golf Course,48 Raupp Boulevard, Buffalo Grove, Illinois and then travel to the Arboretum Golf Course site.A sign in sheet will be available and must be completed. GENERAL DESCRIPTION OF WORK The Village of Buffalo Grove owns and operates two 18-hole golf courses,driving ranges,golf and practice teaching areas known as the Arboretum Golf Course(Arboretum)and Buffalo Grove Golf Course(BGGC). The Village of Buffalo Grove wishes to evaluate proposals to assume maintenance of the golf course greens and turf. For information on how to receive a copy of the Proposal Package contact the Office of the Village Clerk at: 847-459-2500 or on the Village website at www.vbg.org Village of Buffalo Grove Police Pension Fund-Municipal 10-H Compliance Report for December 31, 2013 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The Illinois Pension Code requires that the Police Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2014 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. This report was approved at the October 14th Police Pension Board Meeting Attachments BuffaloGrovePP MCR_12.31.2013.pdf Trustee Liaison Staff Contact Trustee Ottenheimer Scott D Anderson, M.o�n.d�aY>............December ...1........2�0.1.�4....................................................................................................Consent ..Agenda: .�....New ...Business ..._...Item ....�....10 �H.......................................... VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND HOUSE BILL 5088 - MUNICIPAL COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED DECEMBER 31, 2013 VILLAGE OF BUFFALO GROVE,ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 The Pension Board certifies to the Board of Trustees of the Village of Buffalo Grove, Illinois on the condition of the Pension Fund at the end of its most recently completed fiscal year the following information: 1) The total net assets of the fund and their current market value of those assets: Current Preceding Fiscal Year Fiscal Year Total Net Assets $ 52,540,449 48,507,002 Market Value $ 52,540,449 $ 48,507,002 2) The estimated receipts during the next succeeding fiscal year from deductions from the salaries of firefighters'and from other sources: Estimated Receipts -Employee Contributions $ 601,300 Estimated Receipts -All Other Sources Investment Earnings $ 3,677,800 Municipal Contributions $ 2,580,493 3) The estimated amount required during the next succeeding fiscal year to (a)pay all pensions and other obligations provided in Article 3 of the Illinois Pension Code, and (b) to meet the annual requirements of the fund as provided in Sections 3-125 and 3-127: (a) Pay all Pensions and Other Obligations $ 3,296,900 (b) Annual Requirement of the Fund as Determined by: Illinois Department of Insurance $ N/A Private Actuary-Lauterbach&Amen, LLP Recommended Municipal Contribution $ 2,580,493 Statutory Municipal Contribution $ 1,971,725 Page 1 VILLAGE OF BUFFALO GROVE,ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 4) The total net income received from investment of assets along with the assumed investment return and actual investment return received by the fund during its most recently completed fiscal year compared to the total net income, assumed investment return, and actual investment return received during the preceding fiscal year: Current Preceding Fiscal Year Fiscal Year Net Income Received from Investment of Assets $ 5,647,018 $ 3,313,729 Assumed Investment Return Illinois Department of Insurance N/A 6.75% Private Actuary-Lauterbach&Amen, LLP 7.00% 7.00% Actual Investment Return 11.18% 7.13% 5) The total number of active employees who are financially contributing to the fund: Number of Active Members 64 6) The total amount that was disbursed in benefits during the fiscal year, including the number of and total amount disbursed to (i) annuitants in receipt of a regular retirement pension, (ii) recipients being paid a disability pension, and(iii) survivors and children in receipt of benefits: Total Amount Number of Disbursed (i) Regular Retirement Pension 35 $ 2,270,489 (ii) Disability Pension 2 $ 89,528 (iii) Survivors and Child Benefits 2 $ 98,534 Totals 39 $ 2,458,551 Page 2 VILLAGE OF BUFFALO GROVE,ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 7) The funded ratio of the fund: Current Preceding Fiscal Year Fiscal Year Illinois Department of Insurance N/A 70.59% Private Actuary-Lauterbach&Amen, LLP 67.67% 68.59% 8) The unfunded liability carried by the fund, along with an actuarial explanation of the unfunded liability: Unfunded Liability: Illinois Department of Insurance S N/A Private Actuary-Lauterbach&Amen, LLP S 24,553,328 The accrued liability is the actuarial present value of the portion of the projected benefits that has been accrued as of the valuation date based upon the actuarial valuation method and the actuarial assumptions employed in the valuation. The unfunded accrued liability is the excess of the accrued liability over the actuarial value of assets. 9) The investment policy of the Pension Board under the statutory investment restrictions imposed on the fund. Investment Policy- See Attached. Please see Notes Page attached. CERTIFICATION OF MUNICIPAL FIREFIGHTERS' PENSION FUND COMPLIANCE REPORT The Board of Trustees of the Pension Fund, based upon information and belief, and to the best of our knowledge, hereby certify pursuant to §3-143 of the Illinois Pension Code 40 ILCS 5/3-143, that the preceding report is true and accurate. Adopted this day of , 2014 President Date Secretary Date Page 3 VILLAGE OF BUFFALO GROVE,ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 INDEX OF ASSUMPTIONS 1) Total Net Assets - as Reported in the Audited Financial Statements for the Years Ended December 31, 2013 and 2012. Market Value - Same as Above. 2) Estimated Receipts - Employee Contributions as Reported in the Audited Financial Statements for the Year Ended December 31, 2013 plus 5.81% Increase (Actuarial Salary Increase Assumption) Rounded to the Nearest$100. Estimated Receipts -All Other Sources Investment Earnings - Net Assets as Reported in the Audited Financial Statements for the Year Ended December 31, 2013, times 7% (Actuarial Investment Return Assumption) Rounded to the Nearest$100. Municipal Contributions - Recommended Tax Levy Requirement as Reported by Lauterbach&Amen, LLP, Actuarial Valuation for the Year Ended December 31, 2013. 3) (a) Pay all Pensions and Other Obligations - Total Deductions as Reported in the Audited Financial Statements for the Year Ended Buffalo Grove, plus a 25% Increase, Rounded to the Nearest$100. (b) Annual Requirement of the Fund as Determined by: Illinois Department of Insurance - No December 31, 2013 Actuarial Valuation available at the time of this report. Private Actuary Recommended Amount of Tax Levy as Reported by Lauterbach & Amen, LLP in the December 31, 2013 Actuarial Valuation. Statutorily Required Amount of Tax Levy as Reported by Lauterbach & Amen, LLP in the December 31, 2013 Actuarial Valuation. Page 4 VILLAGE OF BUFFALO GROVE,ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 INDEX OF ASSUMPTIONS - Continued 4) Net Income Received from Investment of Assets - Investment Income (Loss) net of Investment Expense, as Reported in the Audited Financial Statements for the Years Ended December 31, 2013 and 2012. Assumed Investment Return Illinois Department of Insurance - Preceding Fiscal Year Interest Rate Assumption as Reported in the December 31, 2012 Actuarial Valuation. No December 31, 2013 Actuarial Valuation available at the time of this report. Private Actuary - Current and Preceding Fiscal Year Interest Rate Assumption as Reported in the Lauterbach&Amen, LLP, December 31, 2013 and 2012 Actuarial Valuations. Actual Investment Return - Net Income Received from Investments as Reported Above as a Percentage of the Average of the Beginning and End of Year Net Assets as Reported in the Audited Financial Statements for the Fiscal Years Ended December 31, 2013, 2012 and 2011. 5) Number of Active Members - Illinois Department of Insurance Annual Statement for December 31, 2013 - Schedule P. 6) (i) Regular Retirement Pension - Illinois Department of Insurance Annual Statement for December 31, 2013 - Schedule P for Number of Participants and Expense page I for Total Amount Disbursed. (ii) Disability Pension- Same as above. (iii) Survivors and Child Benefits - Same as above. Page 5 VILLAGE OF BUFFALO GROVE,ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 INDEX OF ASSUMPTIONS - Continued 7) The funded ratio of the fund: Illinois Department of Insurance - Preceding Fiscal Year Actuarial Value of Assets as a percentage of Actuarial Liability as Reported in the December 31, 2012 Actuarial Valuation. No December 31, 2013 Actuarial Valuation available at the time of this report. Private Actuary - Current and Preceding Fiscal Year Actuarial Value of Assets as a percentage of Actuarial Liability as Reported in the Lauterbach & Amen, LLP, December 31, 2013 and December 31, 2012 Actuarial Valuations. 8) Unfunded Liability: Illinois Department of Insurance - Deferred Asset (Unfunded Accrued Liability) - No December 31, 2013 Actuarial Valuation available at the time of this report. Private Actuary - Deferred Asset (Unfunded Accrued Liability) as Reported by Lauterbach &Amen, LLP in the December 31, 2013 Actuarial Valuation. Page 6 Village of Buffalo Grove Firefighters' Pension Fund- 10-I Municipal Compliance Report for December 31, 2013 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The Illinois Pension Code requires that the Firefighters' Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2014 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. This report was approved at the October 30th Firefighters' Pension Board Meeting. Attachments Buffalo Grove Fire 2013 MCR Report.pdf Trustee Liaison Staff Contact Trustee Ottenheimer Scott D Anderson,Finance&GS M.o�n.d�aY>............December ...1........2�0.1.�4....................................................................................................Consent ..Agenda: .�....New ...Business ..._...Item ....�....10 �1.............................................. VILLAGE OF BUFFALO GROVE, IL FIREFIGHTERS' PENSION FUND HOUSE BILL 5088 - MUNICIPAL COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED DECEMBER 31, 2013 VILLAGE OF BUFFALO GROVE,IL FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 The Pension Board certifies to the Board of Trustees of the VILLAGE OF BUFFALO GROVE, IL on the condition of the Pension Fund at the end of its most recently completed fiscal year the following information: 1) The total cash and investments of the fund and their current market value of those assets: Current Preceding Fiscal Year Fiscal Year Total Cash and Investments $ 45,278,007 38,605,758 Total Net Position $ 45,275,721 38,594,818 2) The estimated receipts during the next succeeding fiscal year from deductions from the salaries of firefighters' and from other sources: Estimated Receipts -Employee Contributions $ 517,700 Estimated Receipts -All Other Sources Investment Earnings $ 3,169,500 Municipal Contributions $ 1,848,990 3) The estimated amount necessary during the fiscal year to meet the annual actuarial requirements of the pension fund as provided in Sections 4-118 and 4-120: Annual Requirement of the Fund as Determined by: Illinois Department of Insurance $ 1,641,432 Private Actuary- Timothy W. Sharpe,Actuary Recommended Municipal Contribution $ 1,848,990 Statutory Municipal Contribution $ 1,728,371 Page 1 VILLAGE OF BUFFALO GROVE,IL FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 4) The total net income received from investment of assets along with the assumed investment return and actual investment return received by the fund during its most recently completed fiscal year compared to the total net income, assumed investment return, and actual investment return received during the preceding fiscal year: Current Preceding Fiscal Year Fiscal Year Net Income Received from Investment of Assets $ 5,879,086 3,320,342 Assumed Investment Return Illinois Department of Insurance 6.75% 6.75% Private Actuary- Timothy W. Sharpe,Actuary 7.00% 7.00% Actual Investment Return 15.07% 9.58% 5) The increase in employer pension contributions that results from the implementation of the provisions of P.A. 93-0689: Illinois Department of Insurance-Actuarial Report $ N/A Private Actuary- Timothy W. Sharpe,Actuary $ N/A 6) The total number of active employees who are financially contributing to the fund: Number of Active Members 56 7) The total amount that was disbursed in benefits during the fiscal year, including the number of and total amount disbursed to (i) annuitants in receipt of a regular retirement pension, (ii) recipients being paid a disability pension, and(iii) survivors and children in receipt of benefits: Total Amount Number of Disbursed (i) Regular Retirement Pension 24 $ 1,453,572 (ii) Disability Pension 3 $ 149,924 (iii) Survivors and Child Benefits 2 $ 79,036 Totals 29 $ 1,682,532 Page 2 VILLAGE OF BUFFALO GROVE,IL FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 8) The funded ratio of the fund: Current Preceding Fiscal Year Fiscal Year Illinois Department of Insurance 73.36% 72.47% Private Actuary- Timothy W. Sharpe,Actuary 68.60% 67.89% 9) The unfunded liability carried by the fund, along with an actuarial explanation of the unfunded liability: Unfunded Liability: Illinois Department of Insurance S 16,088,459 Private Actuary- Timothy W. Sharpe,Actuary S 19,610,531 The accrued liability is the actuarial present value of the portion of the projected benefits that has been accrued as of the valuation date based upon the actuarial valuation method and the actuarial assumptions employed in the valuation. The unfunded accrued liability is the excess of the accrued liability over the actuarial value of assets. 10) The investment policy of the Pension Board under the statutory investment restrictions imposed on the fund. Investment Policy- See Attached. Please see Notes Page attached. CERTIFICATION OF MUNICIPAL FIREFIGHTERS' PENSION FUND COMPLIANCE REPORT The Board of Trustees of the Pension Fund,based upon information and belief, and to the best of our knowledge, hereby certify pursuant to §4-134 of the Illinois Pension Code 40 ILCS 5/4-134, that the preceding report is true and accurate. Adopted this day of ,2014 President Date Secretary Date Page 3 VILLAGE OF BUFFALO GROVE,IL FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 INDEX OF ASSUMPTIONS 1) Total Cash and Investments - as Reported at Market Value in the Audited Financial Statements for the Years Ended December 31,2013 and 2012. Total Net Position- as Reported at Market Value in the Audited Financial Statements for the Years Ended December 31,2013 and 2012. 2) Estimated Receipts - Employee Contributions as Reported in the Audited Financial Statements for the Year Ended December 31, 2013 plus 5% Increase (Actuarial Salary Increase Assumption) Rounded to the Nearest$100. Estimated Receipts -All Other Sources Investment Earnings - Cash and Investments as Reported in the Audited Financial Statements for the Year Ended December 31,2013,times 7% (Actuarial Investment Return Assumption)Rounded to the Nearest$100. Municipal Contributions - Recommended Tax Levy Requirement as Reported by Timothy W. Sharpe, Actuary,Actuarial Valuation for the Year Ended December 31,2013. 3) Annual Requirement of the Fund as Determined by: Illinois Department of Insurance - Suggested Amount of Tax Levy as Reported in the December 31, 2013 Actuarial Valuation. Private Actuary- Timothy W. Sharpe,Actuary Recommended Amount of Tax Levy as Reported by Timothy W. Sharpe, Actuary in the December 31,2013 Actuarial Valuation. Statutorily Required Amount of Tax Levy as Reported by Timothy W. Sharpe, Actuary in the December 31,2013 Actuarial Valuation. Page 4 VILLAGE OF BUFFALO GROVE,IL FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 INDEX OF ASSUMPTIONS - Continued 4) Net Income Received from Investment of Assets -Investment Income(Loss)net of Investment Expense, as Reported in the Audited Financial Statements for the Years Ended December 31,2013 and 2012. Assumed Investment Return Illinois Department of Insurance - Current and Preceding Fiscal Year Interest Rate Assumption as Reported in the December 31,2013 and 2012 Actuarial Valuations. Private Actuary - Current and Preceding Fiscal Year Interest Rate Assumption as Reported in the Timothy W. Sharpe,Actuary,December 31,2013 and 2012 Actuarial Valuations. Actual Investment Return-Net Income Received from Investments as Reported Above as a Percentage of the Average of the Beginning Balance of the Fiscal Year Cash and Investments and Ending Balance of the Fiscal Year Cash and Investments, excluding the fiscal year net investment income, as Reported in the Audited Financial Statements for the Fiscal Years Ended December 31,2013,2012 and 2011. 5) Illinois Department of Insurance -Amount of total suggested tax levy to be excluded from the property tax extension limitation law as contemplated by 35 ILCS 200/18-185. Private Actuary-No Private Actuarial Valuation amount available at the time of this report. 6) Number of Active Members -Illinois Department of Insurance Annual Statement for December 31, 2013 - Schedule P. (i) Regular Retirement Pension - Illinois Department of Insurance Annual Statement for December 31, 2013 - Schedule P for Number of Participants and Expense page 1 for Total Amount Disbursed. (ii) Disability Pension- Same as above. (iii) Survivors and Child Benefits - Same as above. Page 5 VILLAGE OF BUFFALO GROVE,IL FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950)-Municipal Compliance Report For the Fiscal Year Ending December 31,2013 INDEX OF ASSUMPTIONS - Continued 7) The funded ratio of the fund: Illinois Department of Insurance - Current and Preceding Fiscal Year Net Present Assets as a percentage of Total Assets as Reported in the December 31,2013 and 2012 Actuarial Valuations. Private Actuary - Current and Preceding Fiscal Year Net Present Assets as a percentage of Total Assets as Reported in the Timothy W. Sharpe, Actuary, December 31, 2013 and December 31, 2012 Actuarial Valuations. 8) Unfunded Liability: Illinois Department of Insurance - Deferred Asset (Unfunded Accrued Liability) as Reported in the December 31,2013 Actuarial Valuation. Private Actuary - Deferred Asset (Unfunded Accrued Liability) as Reported by Timothy W. Sharpe, Actuary in the December 31,2013 Actuarial Valuation. Page 6 ' Ordinance No. 2014-76: An Ordinance for the Levy and Collection of Taxes for the Fiscal Year Commencing on the 11-A 1st day of January, 2015 and Ending on the 31st day of December, 2015 Overview Attached is the Village's Calendar 2014 Property Tax Levy Ordinance for consideration by the President and Board of Trustees. The proposed levy will be extended against all assessed and equalized real property for collection in calendar 2015. Total property taxes levied at this time are $14,921,612 an $84,030, or .57 percent, an increase from the 2013 levy. Attachments 2014 Tax LevyOrdinance-Text.pdf 2014 Tax Levy Ordinance-Cover Letter.pdf Trustee Liaison Staff Contact Trustee Berman Scott D Anderson, M.on.daY>............December ...1........> 2014. . ....................................................................................................Ord nances...and...Resol ut.ons..._...Ite.m........1..1.._A............................................................ ORDINANCE NO.2014- AN ORDINANCE FOR THE LEVY AND COLLECTION OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE 1ST DAY OF JANUARY,2015 AND ENDING ON THE 31ST DAY OF DECEMBER,2015 BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, ILLINOIS,A HOME-RULE MUNICIPALITY: SECTION 1. There is hereby levied upon all the taxable property within the corporate limits of said Village of Buffalo Grove,Counties of Cook and Lake,State of Illinois,the total sum of Fourteen Million Nine Hundred Twenty- One Thousand Six Hundred Twelve Dollars ($14,921,612) for the following specific purposes and for the fiscal year commencing January 1,2015 and ending December 31, 2015. SECTION 2. General Corporate Tax. A tax is hereby imposed for the General Corporate purposes in this Village in the amount of Eight Million One Hundred Forty-Seven Thousand Eight Hundred Seventy-Five Dollars ($8,147,875) spread equally over the value,as assessed and equalized by the Department of Revenue of all the taxable property within the corporate limits therein. SECTION 3. Illinois Municipal Retirement Fund Tax. A further tax is hereby imposed for the purpose of Village retirement in this Village in the amount of Eight Hundred Forty-Two Thousand Thirty-One Dollars ($842,031) spread equally over the value, as assessed and equalized by the Department of Revenue of all taxable property therein,all in accordance with the provisions of Chapter 40,Section 5/7-171 of the Illinois Pension Code. SECTION 4. Social Security Fund. A further tax is hereby imposed for the purpose of Village retirement in this Village in the amount of Six Hundred Ninety-Five Thousand Five Hundred Eighty-Five Dollars ($695,585) spread equally over the value, as assessed and equalized by the Department of Revenue of all property therein, all in accordance with the provisions of Chapter 40,Section 5/21-110& 110.1 of the Illinois Pension Code. SECTION 5. Police Pension Fund.A further tax is hereby imposed for the purpose of continuing to provide a Police Pension Fund in this Village in the amount of Two Million Two Hundred Fifty-Six Thousand Six Hundred Seventy-Six Dollars ($2,256,676)spread equally over the value, as assessed and equalized by the Department of Revenue of all the taxable property therein all in accordance with the provision of Chapter 40, Section 5/3-125 of the Illinois Pension Code. SECTION 6. Firefighter's Pension Fund. A further tax is hereby imposed for the purpose of continuing to provide a Firemen's Pension Fund in this Village in the amount of Two Million One Hundred Seventy-Four Thousand Six Hundred Thirty-Two Dollars ($2,174,632) spread equally over the value, as assessed and equalized by the Department of Revenue of all the taxable property therein, all in accordance with the provisions of Chapter 40, Section 5/4-118 of the Illinois Pension Code. SECTION 7. Corporate Purpose General Obligation Bonds — Series 2012. A further tax is hereby imposed for the retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of One Hundred Thirty-Seven Thousand Five Hundred Twenty-Five Dollars ($137,525) spread equally over the value, assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65,Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No.2012-036. SECTION 8. Corporate Purpose General Obligation Bonds-Series 2010-A. A further tax is hereby imposed for the retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of Three Hundred Ninety-Eight Thousand Five Hundred Twenty-Five Dollars ($398,525) spread equally over the value, assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65,Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No.2010-023. SECTION 9. Corporate Purpose General Obligation Bonds-Series 2010-B. A further tax is hereby imposed for the retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of Two Hundred Sixty-Eight Thousand Seven Hundred Sixty-Three Dollars ($268,763.00) spread equally over the value, assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65,Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No.2010-023. SECTION 10.A recapitulation of the foregoing levied funds is as follows: LEVIED FUNDS General Corporate $ 8,147,875 Illinois Municipal Retirement Fund 842,031 Social Security Fund 695,585 Police Pension Fund 2,256,676 Firefighter's Pension Fund 2,174,632 Facilities Development Debt Service-Series 2012 137,525 Facilities Development Debt Service-Series 2010-A 398,525 Facilities Development Debt Service-Series 2010-B 268,763 Grand Total Tax Levy $ 14,921,612 SECTION 11. The Village Clerk is hereby authorized to file a copy of this Ordinance, duly certified, along with any statutory representations or certifications, with the County Clerk of Cook County, Illinois, and the County Clerk of Lake County, Illinois,within the time limit prescribed by law. SECTION 12. If any item or portion of this Ordinance is for any reason held invalid,such decision shall not affect the validity of the remaining portion of such item or the remaining portion of this Ordinance. SECTION 13. Detailed Appropriations by line item for the fiscal year commencing on the 1st day of January 2015 and ending on the 31st day of December 2015, along with corresponding levy by Fund are attached as Exhibit "A" to this Ordinance. SECTION 14. That this Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED this day of 2014. APPROVED this day of 12014. Village President ATTEST: Village Clerk V111L]LAGIE OF a� �ll BUFFAL0 GROVE TO: DANE C. BRAGG FROM: SCOTT D. ANDERSON SUBJECT: PROPERTY TAX LEVY ORDINANCE DATE: 11/24/2014 Attached is the Village's Calendar 2014 Property Tax Levy Ordinance for consideration by the President and Board of Trustees. The proposed levy will be extended against all assessed and equalized real property for collection in calendar 2015. Total property taxes levied at this time are $14,921,612 an $84,030, or .57 percent, an increase from the 2013 levy. The estimated tax base that the levy will be extended against is estimated to be $1,417,116,013. The total property tax base for the 2014 levy decreased by 7.45 percent. Components of the decrease included a Lake County decrease of 4.9 percent and Cook County decrease of 16.62 percent. Over the last ten years, Cook County growth has averaged annual decline of 1.29 percent while Lake County's ten-year average decline is .29 percent. The graph below illustrates the ten year change. Equalized Assessed Valuation 2,000,000,000 1,800,000,000 1,600,000,000 ,. 1,400,000,000 1 200 000 000 1,000,000,000 800,000,000 600,000,000 400,000,000 _. _., ....., _. 200,000,000 _ 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Cook County WTotalEAV uLakeCouty The proposed levy will be extended in both Cook and Lake County based on the percentage values calculated by the Illinois Department of Revenue. These percentages fluctuate annually and are meant to properly allocate the tax burden between the two counties. The 2014 allocations were 23.13 percent for Cook County and 76.87 percent for Lake. Based on these allocations, as certified by the IDOR, the gross weighted tax levy extended per $100 equalized assessed value would equal $1.053, which compares to an initial tax levy rate of$.9691 for 2013. The following charts show the pre-abatement tax levies amounts over the last three years. Page 1 of 5 The next chart is a year to year comparison of tax rates for each county. Gross Tax Rate Per $100 EAV $1.50 $1.00 ",�w, $0.50 $0.00 11E&W 2012 2013 2014 Cook County ULakeCounty These are estimated rates based on gross dollar levies prior to any abatement or collection adjustments as well as forecast levels of assessed valuation. The increase in rates is driven almost entirely by declining property values. Any increase in assessed equalized valuation above the estimate used in developing this levy will have the positive effect of lowering the final extension rates. If all properties increase or decrease the same percentage relative to each other there will be no change in the amount of property taxes paid individually to the Village during calendar 2015 for the Village portion of the levy.The chart below provides the detail behind the levy request. lime@ uC (IIIII IIIII Corporate 559,012.58 0.2001 1,857,816.55 0.1633 2,416,829.13 2,346,436.05 Street and Bridge 175,363.23 0.0628 582,800.34 0.0512 758,163.57 736,081.14 Street Lighting 59,454.70 0.0213 197,591.13 0.0174 257,045.83 249,559.06 Police Protection 131,850.64 0.0472 438,191.05 0.0385 570,041.70 553,438.54 Fire Protection 942,835.27 0.3375 3,133,408.89 0.2754 4,076,244.16 3,957,518.60 ESDA 3,145.75 0.0011 10,454.56 0.0009 13,600.31 13,204.19 Crossing Guard 12,941.24 0.0046 43,008.79 0.0038 55,950.03 54,320.42 uml�uuuuuuuuuuuuuuuuilililuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum�=I= 1,884,603.43 0.6745 6,263,271.31 0.5505 8,147,874.73 7,910,558.00 RF/Social Security 355,650.58 0.1273 1,181,965.42 0.1039 1,537,616.00 1,562,879.00 Corp.Purpose Bonds(2010A) 50,544.83 0.0181 167,980.17 0.0148 398,525.00 695,725.00 Corp. Purpose Bonds(2010B) 62,164.88 0.0222 206,598.12 0.0182 268,763.00 268,263.00 Corp.Purpose Bonds (2012) 31,809.53 0.0114 105,715.47 0.0093 137,525.00 137,525.00 Police Pension 521,969.16 0.1868 1,734,706.84 0.1525 2,256,676.00 2,088,000.00 Fire Pension 502,992.38 0.1800 1,671,639.62 0.1469 2,174,632.00 2,174,632.00 3,409,734.79 1.2204 11,331,876.94 0.9960 14,921,611.73 14,837,582.00 Levy Comparison 2014 vs 2013 Dollar Percentage Levy uuu,�uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuo lyoo p grate,,,,,,, 8,147,874.73 7,910,558.00 237,316. .00 „ .575,,. Coro 74 3.00% 0.5750 54.60% cr�l p "`"b I:�dr oe ................... 1020191 M263.11p„% -1�i2%" Pension 4,431,308.00 4,262,632.00 168,676.00 %3.96% 0.3127 29.70 0 0 Debt, sruice,,,,,;,., 44%t1 .f7p"` 1, 0"C,'S`(3k0;;; (2„* t0.f)gj4%" 0: 568,,, 5:= 9% .... ® 14,921,611.73 14,837,582.00 84,029.74 0.57% 1.0530 100.00% Page 2 of 5 The Property Tax Levies: In calculating the specific request for the combined Corporate Tax Levy, the following individual tax categories are included: • Corporate • Crossing Guard • Street Lighting • Police Protection • Fire Protection • ESDA The amount requested for 2014 is based on inflationary growth values identified as the Municipal Cost Index (MCI) applied to the previous year's levy request. The MCI is a blended index that factors for the Consumer Price Index, Producer Price Index, and other relevant inflationary indices applied to how municipalities traditionally acquire goods and services. That increase is 2.3 percent. Staff has requested an additional .7 percent in the Corporate Tax Levy to maintain current service levels. The combined Corporate Tax Levy requested for extension totals$8,147,875, for the above individual categories. This compares to the 2013 gross levy request of $7,910,558 resulting in an increase of $237,317 or 3.0 percent. Pension Levies: Four pension or Special Purpose levies will be extended as required by the Illinois Pension Code. They are for: 1. Illinois Municipal Retirement Fund 2. Social Security 3. Police Pension Fund 4. Fire Pension Fund The IMRF Levy was developed based on salary projections for calendar 2015 for all participating employees other than those employed in the enterprise funds. Projected salaries of water, sewer and golf course employees are deducted from the gross salary and wage projections because pension obligations are accounted for within those funds as operational expenses rather than as part of the extension of a tax levy. The calendar 2015 employer payroll contribution rate totals 13.40 percent of qualifying salary, a -2.2 percent change from the 2014 rate of 13.70 percent. To minimize spikes, IMRF uses a five year rolling average to calculate fund performance in order to smooth out peaks and valleys in returns. By statute, a minimum investment return must be earned, if not, the employer must make up that difference. There is a general wage increase of 2.5 percent proposed in the 2015 budget. Any final funding deficiency will be made up with interest income and General Fund reserves. Similar to the IMRF Levy the Social Security levy was developed based on salary projections for calendar 2015 for all participating employees other than those employed in the enterprise funds. The calendar 2015 employer payroll contribution rate totals 6.2 percent of qualifying salary ($118,500)for Social Security and 1.45 percent for Medicare. Page 3 of 5 The Police Pension Fund levy has been calculated by an independent actuary based on an actuarial review of the Fund and its membership as of December 31, 2013. The Municipal Compliance Report for the Fund has been completed and was presented to the President and Board of Trustees on December 1, 2014. Likewise, the Fire Pension Fund levy has been calculated by the actuary as of December 31, 2013, following the same criterion employed for the Police Pension Fund. The Municipal Compliance Report for the Fund was also completed and presented to the President and Board of Trustees on December 1, 2014. The Village continues to utilize an independent actuary to review the funds for the purpose of calculating a levy. The interest rate assumption for both funds is seven percent. In the future, given the current interest rate environment is may be necessary to revised the interest rate assumption lower by .25 or .5 percent. The actuarial reports were provided to the individual pension funds and the amount requested to be levied was approved by the Police and Firefighters' Pension Boards. The levies requested for the four pension programs total $5,968,924 versus $5,825,511 levied resulting in an increase of$143,413 or a 2.47 percent increase. Debt Service Levies:The debt levies to be considered are for the following issues and purposes: • Corporate Purpose Bonds-Series 2012:funding annual street maintenance program. • Corporate Purpose Bonds-Series 201OA: refunding the Village's Series 2001A, 2001B funding for facilities improvements at the Arboretum Golf Club. • Corporate Purpose Bonds-Series 201OB: funding for village-wide drainage improvements. The total amount levied is $804,813 versus $1,101,513 for the 2013 levy, a decrease of$296,700 or 26.94 percent. Abatements adopted for credit against the 2013 debt service levies totaled $180,000. Abatements will be presented for consideration on December 151" that will reduce the total levy. Consideration will be based on an analysis of debt service fund balance, operating reserves, transfers from operations, and alternative funding sources, especially from water and sewer as well as golf rates and fees. Tax Abatements: Any property tax levy can be reduced up to 100% of the original request prior to the final extension of taxes. As stated, complete and/or partial abatements will be presented on December 151" for the debt service levies. The recommended abatements to be presented that evening will lower the total amount levied by $180,000 resulting in a 2014 levy that is .65 percent more than the previous year. Truth-in-Taxation: The Act establishing Truth-in-Taxation requires that notice and a hearing be conducted if the proposed tax levies for Corporate and Special Purpose Tax Levies exceed the prior year's extension by 5 percent or more. That determination was made and entered into the public record on Monday, November 3, 2014. At that time, it was determined that the 5 percent threshold would not be exceeded and therefore, a formal hearing would not be required. Page 4 of 5 As for the primary obligations under Truth In Taxation, the proposed levies for Corporate and Special Purpose levies total $14,116,228 compared to the final 2013 extension plus adopted abatements of $13,671,434, an increase of 3.26 percent. The Corporate Authorities, within the parameters of the Act, have made the appropriate levy determination. The following charts provide both a ten year analysis of the levies for truth in taxation calculations and for the full tax levy. Components of Tax Levy-Truth in Taxation Net of Debt Service $14,000,000 $12,000,000 ,.. .. _.. _. $10,000,000 - 0 Fire Pension $8,000,000 �,j Police Pension $6,000,000 M IMRF/FICA $4,000,000 w Corporate $2,000,000 $p 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Components of Tax Levy 16,000,000 14,000,000 12,000,000 Debt Service 10,000,000 wad Fire Pension 8,000,000 4s Police Pension 6,000,000 - M W IMRF/FICA 4,000,000 ...... .... ...... ..... .._ Corporate 2,000,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Conclusion: The 2014 Property Tax Levy as proposed does not contemplate any new taxes or levies. The final levy as adopted will be reviewed for abatement opportunities, several of which will be processed before calendar year-end. In that abatements can be filed nearly to the time of final tax extension, the review process can be extended into the overall budgetary process in order to determine if excess funds exist to reduce the final local tax burden. Page 5 of 5 Resolution No. 2014-31: Adopting the Fiscal 2015 (January 1 - December 31, 2015) Budget for the Village of Buffalo 11-B Grove Overview Attached,please find a Resolution for consideration by the President and Board of Trustees formally adopting the Village's FY 2015 Budget. The Budget was presented to the President and Board of Trustees on November 17, 2014 as part of the Regular Meeting of that evening. At this time the document is in its final version pending a few scrivener errors. A list of changes that will be made to the final document is attached to this correspondence. The draft budget was provided to the Village Board on October 31, 2014. The budget was published electronically on the Village's web site on November 3. The final draft budget has been published at the following link, along with the November 17 presentation material: http://www.vbg.org/530/]3udget Remaining steps in the FY 2015 budget cycle are as follows: 1. December 3, 2014 -Publish legal notice re: Public Hearing on FY 2015 Appropriation Ordinance 2. December 15, 2014 -Appropriation Ordinance Public Hearing and adoption of Ordinance. The adoption of the Appropriation Ordinance will complete the budget development cycle for the fiscal period. Several textual changes to the draft document were noted. Any changes that involved misspellings, grammar or syntax were changed and are not included in the list below. Included in the list are dollar amount changes. No changes have any financial or material impact on the overall budget. Attachments 2015 Budget Adoption Resolution.pdf 2015 Budget Memo for Errata.pdf Trustee Liaison Staff Contact Trustee Berman Scott D Anderson,Finance&GS M.on.daY>............December ...1........> 2014. . ....................................................................................................Ord nances...and...Resol ut.ons...._...Ite.m........1..1.._B............................................................ RESOLUTION NO.2014- ADOPTING THE FISCAL 2015(JANUARY 1-DECEMBER 31,2015) BUDGET FOR THE VILLAGE OF BUFFALO GROVE WHEREAS,the Fiscal Year 2015 Budget has been prepared and submitted for the review and consideration by the President and Board of Trustees of the Village of Buffalo Grove;and WHEREAS,the review and consideration of the document occurred at the Regular Meeting of the President and Board of Trustees of November 17,2014; and WHEREAS,pending any final review of changes to,or supplemental reports on,various elements of the Budget content,the document can be considered for adoption. NOW,THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS that: SECTION 1. The FY 2015 Budget of the Village of Buffalo Grove be adopted after consideration of any changes and reports as requested by the President and Board of Trustees up to and through December 1,2014. SECTION 2. Upon adoption of the Budget,authority is given to the Village Manager to place the document in final form for distribution. AYES: NAYES: ABSENT: PASSED: 12014. APPROVED: 12014. Village President ATTEST: Village Clerk l V J IF IF A II 0 G Ik fC 0V II'c" TO: DANE C. BRAGG FROM: SCOTT D. ANDERSON SUBJECT: FY 2015 BUDGET RESOLUTION DATE: 11/24/2014 Attached, please find a Resolution for consideration by the President and Board of Trustees formally adopting the Village's FY 2015 Budget. The Budget was presented to the President and Board of Trustees on November 17, 2014 as part of the Regular Meeting of that evening. At this time the document is in its final version pending a few scrivener errors.A list of changes that will be made to the final document is attached to this correspondence. Remaining steps in the FY 2015 budget cycle are as follows: • December 3, 2014- Publish legal notice re: Public Hearing on FY 2012 Appropriation Ordinance • December 15, 2014-Appropriation Ordinance Public Hearing and adoption of Ordinance. The adoption of the Appropriation Ordinance will complete the budget development cycle for the fiscal period. Several changes to the draft document were noted over the two week period the Village Board was reviewing the budget.Any changes that involved misspellings,grammar or syntaxwere changed and are not included in the list below. Included in the list are term changes and number or math errors. No changes have any financial impact on the budget. The number and math errors did not have any impact on the budget representations. �M,tµ rkGUlC;e'OF I,In0 GROVE TO: Dane C. Bragg - Village Manager Scott D. Anderson - Director of Finance and General Services FROM: Andrew Brown - Deputy Director of Finance DATE: 11/26/2014 RE: 2015 Draft Budget Errata Included herein are all numerical changes to the 2015 Draft Budget since its presentation to the Village board on November 17, 2014. The following sections were omitted from the budget document as presented: - Buffalo Grove Municipal Golf Course Revenue—Page 250 - Arboretum Golf Club Revenue—Page 255 - Water and Sewer Fund Revenue—Page 262 These items were sent under separate cover to the Village Board on November 14. Each has been added into the department's budget on the pages listed. Please note that when the final budget is completed that the page numbers may change slightly to accommodate the space for the sections added. These sections are also attached to this memo for your convenience. The following items are a page by page identification of dollar amounts modified from the draft that was reviewed at the last board meeting. A summary table has been attached to this memo. 1. Page 8 - In the letter of transmittal the communicated number for employee wage increases was listed at 2 percent. The correct figure is 2.5 percent. 2. Page 14 — Same as Item 1, above. 3. Page 122 — Human Resources had some anomalies from an earlier version of the budget that were not rolled up and reflected in the departments "Budget Summary." In the Column for FY 2015 Budget the following updates occurred: a. Operating Expenses was $34,061 changed to $40,993 b. Contractual Services was $90,000 changed to $90,475 c. Capital Equipment was $26,477 changed to $19,545 d. Total was $628,444 changed to $629,189 4. Page 147 —Police Budget Summary Table a. Personnel Benefits was $4,360,856 changed to $4,466,892 b. Operating Expenses was $955,758 changed to $1,777,583 (move Facility and Vehicles from Repairs and Maintenance) c. Maintenance and Repair was $832,619 changed to $10,794 (see Item 4.b, above) d. Total was $14,108,179 changed to $14,214,215 5. Page 149 —Police Expenditures a. Account 505.60 Pension Payment was $2,150,640 changed to $2,256,676 b. Taxes and Benefits Total was $3,951,042 changed to $4,057,078 6. Page 150 — Operating Expenditures a. Account 535.01 Building Internal Svc $195,145 was moved from Repair and Maintenance Section (see also Items 4.a and 4.b, above) b. Account 545.01 Central Garage Internal Svc $626,680 was moved from Repair and Maintenance Section (see also Items 4.a and 4.b, above) c. Operating Expenses Total was $955,193 changed to 1,777,583 7. Page 151 -Police Department Total a. Department Total was $14,108,179 changed to $14,214,215 (Police pension contribution increased due to Pension Board request, submitted after initial budget prep). 8. Page 162 — "Department Total: 50 — Building and Zoning" line item for the "FY 2015 Budget" column reflected $1,538,503 the correct figure is $1,533,562 reflected in the table on page 159. 9. Page 227 — Typo was entered in the summary paragraph. It previously stated that the Linden Avenue lift station replacement will cost$125,000. That figure has been updated to $150,000 as it is reflected in the budgeted amounts for that CIP item. It should be noted that the errors noted herein were formulaic (missed cells, etc.) and did not impact the budget as presented. The roll up tables and charts that quantify the Village's revenues and expenditures in Section 4 remain accurate. Staff respectfully requests adoption of the 2015 Final Draft Budget, as presented. 180 - Buffalo Grove Municipal Golf Revenue- INSERT Page 250 Description 2012 2013 2014 2014 Est 2015 Actual Actual Budget Amount Budget Fund: 180-Buffalo Grove Golf Fund Revenue 40-Charges for Services 445 Golf Course Fees - - - - - 445.10 Greens Fees 688,063 641,610 685,000 645,000 665,000 445.15 Power Cart Rental 147,643 162,592 167,500 165,000 165,000 445.20 Pull Cart Rental 4,276 3,681 4,000 3,500 3,000 445.25 Driving Range Fees 51,409 57,012 60,000 60,000 61,500 445.30 Memberships&Passes 70,821 63,837 64,000 64,033 64,000 445.35 Merchandise Sales 70,716 60,072 68,000 63,000 57,000 445.36 Coupon Sales - - - - - 445.40 Sales Tax 6,468 4,934 6,000 5,670 5,130 445.50 GPS Income 19,060 - - - - 445.55 Club Rental Fees 1,269 1,005 1,300 1,300 1,100 445.56 Locker Room Rental 80 131 100 100 - 445.57 Club Storage 425 175 200 365 200 445.60 Rental Income Facility 34,575 33,557 40,000 40,000 40,000 445.65 Rental Income Cell Tower 2,080 - 28,000 28,000 28,000 445.70 Utility Reimbursement 25,732 41,658 15,000 15,000 15,000 445.90 Other Revenue (106) - - 100 - 40-Charges for Services 1,122,509 11070,262 11139,100 11091,068 1,104,930 Percent Change 2015 vs.2014 Budget -3.00% 45-Interest Income 450 Investment Revenue - - - - 450.05 Interest Income-Savings (1,486) 450.10 Interest Income-Investment Pool 45-Interest Income (1,486) - - _ - Percent Change 2015 vs.2014 Budget 0.00% 50-Miscellaneous Revenue 465 All Other Revenue - 465.65 Grants 465.90 Miscellaneous Income 1,084 2,235 500 50-Miscellaneous Revenue 1,084 2,235 S00 Percent Change 2015 vs.2014 Budget 0.00% 55-Operating Transfers 460 Operating Transfers - - - - 460.05 Interfund Transfers In 52,500 15,228 63,000 159,166 55-Operating Transfers 52,500 15,228 63,000 _ 159,166 Percent Change 2015 vs.2014 Budget 152.645 Percent Change 2015 vs.2014 Budget 5.20% 190 -Arboretum Golf Club Revenue- INSERT Page 255 2014 2014 Est 2015 Description 2012 Actual 2013 Actua I Budget Actual Budget Fund: 190-Arboretum Golf Fund Revenues 40-Charges for Services 445 Golf Course Fees - - - - - 445.10 Greens Fees 760,931 765,423 760,000 760,000 765,000 445.15 Power Cart Rental 193,566 195,432 180,000 195,000 190,000 445.20 Pull Cart Rental 795 875 800 800 800 445.30 Memberships&Passes 11,398 37,800 40,500 48,000 48,000 445.35 Merchandise Sales 44,097 50,300 50,000 51,000 50,000 445.36 Coupon Sales 42,785 35,825 37,500 29,220 30,000 445.40 Sales Tax 3,569 4,091 4,000 4,080 4,000 445.50 GPS Income 244 - - - - 445.55 Club Rental Fees 2,976 2,621 2,500 3,000 3,000 445.56 Locker Room Rental 75 224 100 105 100 445.60 Rental Income Facility 35,359 64,904 55,000 55,000 55,000 445.70 Utility Reimbursement 639 16,553 25,000 25,000 25,000 445.90 Other Revenue 1,682 4,320 3,000 5,100 3,000 40-Charges for Services 1,098,115 1,178,368 1,158,400 1176,305 1,173,900 Percent Change 2015 vs.2014 Budget 1.34% 45-Interest Income 450 Investment Revenue - - - - - 450.05 Interest Income-Savings - 450.10 Interest Income-Investment Pool 11 45-Interest Income 11 Percent Change 2015 vs.2014 Budget 0.00% 55-Operating Transfers 460 Operating Transfers - - - 460.05 Interfund Transfers In 217,000 58,960 187,150 55-Operating Transfers 217,000 58,960 187,150 Percent Change 2015 vs.2014 Budget 0.00% Percent Change 2015 vs.2014 Budget 17.49% 170 -Water and Sewer Fund Revenue - INSERT Page 262 2014 Est Description 2012 Actual 2013 Actua 1 2014 Budget Amount 2015 Budget Fund: 170-Water&Sewer Fund Revenues 30-Permits 435 Building Revenue&Fees - - - - - 435.75 Water Connection Fees 3,550 7,476 1,500 1,500 1,500 435.76 Lake County Sewer Tap On Fees 51,000 20,450 25,000 25,000 25,000 435.77 Village Sewer Tap On Fees 900 450 500 250 250 435.78 Water Meter Sales 9,998 6,128 7,500 4,000 4,000 435.79 System Improvement Fees 11,915 9,126 7,500 5,000 5,000 435.80 Sewer T.V.Inspection Fees - - - - - 435.81 Recapture Fees - 630 - - - 30-Permits 77,363 44,260 42,000 35,750 35,750 Percent Change 2015 vs.2014 Budget 14.88% 40-Charges for Services 441.05 Wate Resident-Regular 3,077,087 4,229,973 5,455,679 5,237,175 5,627,523 441.15 Debt Service Charge 381,563 125,677 - - - 441.20 Wate Penalties 49,261 102,516 90,000 95,000 95,000 441.30 Construction Water 502 - 750 - 500 441.60 Water Turn On 625 500 1,500 1,500 1,500 441.65 Water Use Non-Resident - - - - - 442.05 Sewer Resident-Regular 774,512 1,007,343 1,249,845 1,243,971 1,293,730 442.10 Sewer Penalties - - - - - 443.00 Sanitary Sewer Service Fees 3,103,958 3,182,543 3,200,000 3,117,755 3,410,000 40-Charges for Services 7,387,508 8,648,553 9,997,774 9,695,401 10,428,253 Percent Change 2015 vs.2014 Budget 4.31% 45-Interest Income 450 Investment Revenue - - - - - 450.05 Interest Income-Savings 149 622 250 250 250 450.10 Interest Income-Investment - - - - - Pool 450.15 Interest Income-Money Market 5 (786) - - - 450.20 Interest Income-CD's 21,883 5,838 12,000 8,000 6,000 450.25 Interest Income-Securities 6,536 6,769 5,000 5,000 4,000 45-Interest Income 28,573 12,442 17,250 13,250 10,250 Percent Change 2015 vs.2014 Budget 40.58% 50-Miscellaneous Revenue 465 All Other Revenue - - - - 465.65 Grants - 173,618 437,388 400,000 - 465.90 Miscellaneous Income 83,574 6,991 1,000,000 1,000,000 6,000,000 50-Miscellaneous Revenue $3,574 180,609 1,437,388 1,400,000 6,000,000 Percent Change 2015 vs.2014 Budget 317.42% 55-Operating Transfers 460 Operating Transfers - - - - - 460.05 Interfund Transfers In 55-Operating Transfers Percent Change 2015 vs.2014 Budget 0.00% Percent Change 2015 vs.2014 Budget 43.32% 2015 Budget Change Summary Transmittal Letter N/A 8 2% 2.50% ......................... Transmittal Letter N/A 14 2% 5-General Fund Summary and Detail Human Resources 122 $ 34,061 $ 40,993 Fund n D Human R r 122 90 000 .....................90 5 Generalu d Summaryad etaResources $ $ l 5-General Fund Summary and Detail Human Resources 122 $ 26,477 $ 19,545 Fund n D Human R r 122 628 444 ................ ............. 5 Generalu d Summaryad etaResources $ $ l 5-General Fund Summary and Detail Police 147 $ 4,360,856 $ 4,466,892 Fund n Detail Police 147 955 758 1 777 583 , 5 Generalu d Summaryad eta o ce $ $ l 5-General Fund Summary and Detail Police 147 $ 832,619 $ 10,794 5-General Fund Summary and Detail Police 147 $ 14,108,179 $ 14,214,215 5-General Fund Summary and Detail Police 149 $ 2,150,640 $ 2,256,676 5-General Fund Summary and Detail Police 149 $ 3,951,042 $ 4,057,078 5-General Fund Summary and Detail Police 150 $ 955,193 $ 1,777,583 5-General Fund Summary and Detail Police 151 $ 14,108,179 $ 14,214,215 5-General Fund Summary and Detail Building and Zoning 162 $ 1,538,503 $ 1,533,562 6-Capital Improvement Plan Sewer 227 $ 125,000 $ 150,000 Ordinance No. 2014-77: An Ordinance Amending the Zoning Ordinance Concerning Pawn Shops and Resale 11-C Shops as Special Uses in the Business District. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview A Public Hearing was held December 1, 2014 regarding a proposed amendment to the Village of Buffalo Grove Zoning Ordinance Title 17 of the Village of Buffalo Grove Municipal Code pertaining to Pawn Shops and Resale Shops. Due to their unique characteristics, staff recommends that Pawn Shops and Resale Shops be allowed as a Special Use in the B-2 Business District in order for the Village to assess the impact of the uses on neighboring properties as well as the public need for the particular use at a specific location. In addition, it is recommended that a separation requirement of 1,000 feet from any other pawn or resale shop be included in the ordinance. Prior Actions Public Hearing Attachments PARKRIDGE-#100952-v3-Teat Amendment for Pawn Shops_and_Resale_Stores_11-18-2014.pdf Trustee Liaison Staff Contact Trustee Terson Brian P Sheehan, M.on.daY>............December ...1........> 2014. . ....................................................................................................Ordinances ...and ...Resolutions ..._...Item ........1..1..C............................................................ 11/19/2014 ORDINANCE NO. 2014- AN ORDINANCE CREATING CHAPTER 5.46 PAWNBROKERS AND RESALE DEALERS OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, stolen goods are often sold for cash at Pawn Shops and Resale Stores; and WHEREAS, the Village's Police Department has reported that identifying and retrieving stolen goods from such businesses and identifying the individuals who sold such stolen goods is a difficult and labor-intensive task; and WHEREAS, the goals of deterrence of crime, apprehension of criminals, retrieval or stolen goods for return to the lawful owners, and maintenance of public order are served by an effective and efficient system of recording and reporting such sales and delaying the resale or destruction of such purchased items; and WHEREAS, the Village of Buffalo Grove has a significant governmental interest in preventing and deterring the sale, resale or destructions of stolen goods, and; WHEREAS, the Village of Buffalo Grove believes it is in the best interests of the health, safety and welfare of the general public to regulate and license Pawnbrokers and Resale Dealers. WHEREAS, the Village of Buffalo Grove desires to implement a moratorium on enforcing the license requirements under newly created Chapter 5.46 until July 1, 2015, and therefore, all initial licenses issued under the Chapter 5.46 shall be effective from July 1, 2015 or from the date of issuance, whichever is later, and shall terminate on December 31, 2015, and the corresponding fee for each such initial license shall be prorated accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, pursuant to its Home Rule authority, as follows: Section 1. The foregoing recitals are made a part hereof as if fully restated hereby. 4100944 1 11/19/2014 Section 2. Chapter 5.46 of the Village of Buffalo Grove Municipal Code is hereby created to read as follows: Chapter 5.46 PAWNBROKERS AND RESALE DEALERS 5.46.010 DEFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. "License" means a Village of Buffalo Grove Pawnbroker or Resale Dealer's License. B. "Licensee" means an individual or business who has received a valid License. C. "Pawnbroker" means every individual or business entity which lends money on the deposit or pledge of physically delivered Second Hand Articles or who deals in the purchase of such Second Hand Articles on the condition of selling the property back again at a stipulated price. The business of a pawnbroker does not include the lending of money on deposit or pledge of title to property or property in which the ownership of such is subject to a legal dispute, securities, printed evidence of indebtedness or printed evidence of ownership of the personal property. D. "Pawn Shop" means the location where a Pawnbroker conducts business. E. "Resale Dealers" means every individual or business entity engaged in the business of purchase, sale, consignment or barter of Second Hand Articles, not otherwise exempted from this Chapter. F. "Resale Shop" means the location where a Resale Dealer conducts business. G. "Second Hand Articles" mean any and all goods previously owned by a consumer that is not a dealer possessing a federal employee identification number, that are not expressly exempted in this Chapter, which shall include but not be limited to: 1. antiques, 2. artwork, 3. bicycles, scooters, and skateboards, 4. clothing, 5. collectibles and memorabilia, 6. electronics, 7. furniture, 4100944 2 11/19/2014 8. household goods and appliances, 9. jewelry, 10. musical instruments, 11. recyclable materials, 12. scrap metals, 13. sports equipment, 14. tools, 15. valuable and/or precious metals and stones. 5.46.020 EXEMPTIONS This Chapter shall not apply to: 1. Residential garage sales. 2. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious, or benevolent organizations that have been active and in continuous existence for at least one year prior to the holding of the sale or that are exempt from taxation under Section 501(c) of the federal Internal Revenue Code. 3. Sales or purchases by State of Illinois licensed automobile dealers, used parts dealers, or automotive parts recyclers. 4. Consumer shows or exhibitions of collectibles. 5. Providers of commercial mobile services as defined in 47 U.S.C. 332(d) or their authorized dealers. 6. Sales or purchase of Second Hand Articles by an individual conducted through a website, not owned or operated by the seller or purchaser. 7. Sales or purchase of tickets for sporting events, recreational events, or concerts, which is otherwise allowed by law. 8. Individuals or business entities at a physical location within the Village that are exclusively engaged in the sale of jewelry but are not exclusively engaged in the sale of Second Hand Articles. 5.46.030 LICENSE REQUIRED 4100944 3 11/19/2014 A. No individual or business entity shall engage in the business of a Pawnbroker or Resale Dealer within the Village without obtaining a License in addition to any other federal, state, and local requirements. B. No License issued under the provisions of this Chapter shall be transferable. C. No License shall be issued for a Pawnbroker until the applicant obtains and provides a valid State of Illinois Pawnbroker's License as required by the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et.seq.). 5.46.040 APPLICATION; APPLICATION FEE. A. Application for a License shall be made in writing to the Village Clerk on a form provided by the Village for that purpose and must state thereon the following information: 1. The name of applicant. 2. Type of business entity the applicant is. 3. The permanent business address of the applicant. 4. The permanent business telephone number of the applicant. 5. In the case of a firm, limited liability company, or corporation, the names, permanent residence addresses, and permanent residence telephone numbers of the partners or officers and all shareholders owning more than five percent (5%) of the outstanding shares of stock. If a listed shareholder is a firm, limited liability company, or corporation, the above information shall be provided for that entity and other such entities in the line of ownership. 6. The name of the Pawn Shop or Resale Shop under which the applicant will operate. 7. The location of the property for which the License is requested. (A) All applicable deeds, leases or other documentation showing the Applicants lawful ability to use the location property as a Pawn Shop or Resale Shop. 8. Whether the applicant, partners, officers, or listed shareholders have been convicted of any criminal offense (excluding non-jailable traffic violations) in any jurisdiction and, if so, a list of such convictions with the date and prosecuting jurisdiction. All applicants, including those shareholders owning more than five (5%) of the outstanding shares of stock of an application corporation or limited liability company individuals shall be required to submit to and pass a background check performed by the Village or its designee(s). 4100944 4 11/19/2014 9. The social security number/federal employer identification number ("FEIN") of the applicant. 10. The principal contact person of the applicant. 11. The list, including name and location, of any other Pawn Shops or Resale Shops owned or operated by the applicant. B. Each application for a License from an applicant who at the time of application does not hold a valid License shall be accompanied by an applicant fee of $250.00. This application fee shall be in addition to all other fees set forth in this Chapter and shall not be refunded in the event that the application for a License is withdrawn or denied. C. A separate application and License for each separate location is required. 5.46.050 DURATION OF LICENSE. All Licenses granted under this Chapter shall be effective from January 1 or from the date of issuance, whichever is later, and shall terminate on December 31. 5.46.060 LICENSE FEE. The License fee for a Resale Shop shall be $1,500.00 which must be paid in full prior to any valid License being issued. The License fee for a Pawn Shop shall be $2,000.00 which must be paid in full prior to any valid License being issued. 5.46.070 SIGNAGE A. Every Pawnbroker shall at all times have and keep Section 2 of the Illinois Pawnbrokers Act (205 ILCS 510/0.01 et. seq.) printed in the English language and framed and posted in a prominent and conspicuous position at the business location. B. Every Licensee shall at all times have and keep the License framed and posted in a prominent and conspicuous position at the business location. 5.46.080 ADVANCEMENTS AND LOANS A. All advancements and loans made by any Pawnbroker shall be done in the manner prescribed by the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et. seq.). B. Resale Dealers shall not make any advancements and loans, except those dealers that are licensed as Pawnbrokers with State of Illinois. 5.46.090 MAINTENANCE OF RECORDS. 4100944 5 11/19/2014 A. Pawnbrokers Records Every Pawnbroker shall keep a book in which there shall be typed or printed in ink, which may include a computer printout, in the English language, containing the following information for each and every loan or taking of a pledge made by the licensee: 1. an accurate account and description of the goods, articles or things pawned or pledged including, the serial number and/or identification number of the items received which bear such number(s); 2. the amount of money, value or thing loaned thereon; 3. the date and time of pledging the same; 4. the rate of interest to be paid on the loan; 5. name and residence of the person pawning or pledging the said goods, article or thing; B. Licensee Records 1. Except for items purchased from dealers possessing a federal employee identification number who have provided a receipt to the Licensee, every Licensee shall also record in its book(s), an accurate account and description in the same manner described for Pawnbroker's Records above, of all Second Hand Articles purchased or received for the purpose of resale by the Licensee, not in the course of a pledge or loan. No entry in such book shall be erased, mutilated or changed. 2. Every Licensee shall require one form of photographic identification by each person offering for sale, pledging or pawning any Second Hand Articles to the Licensee. The form of identification must be photographic identification issued by a federal or state governmental entity. Forms of identification must contain a photograph of the individual and must be: a state driver's license, a state identification card, a passport, or a military identification card. Required forms of identification shall be copied and maintained for all transactions completed by Licensees for a period of three years following each transaction. 3. If the person offering for sale, pledging or pawning any Second Hand Articles to the Licensee does not have a photographic identification card issued by a federal or state governmental entity, the Licensee shall photograph the person and require two forms of other identification, one of which shall contain both the person's name and residential address. The photograph shall be in color. On the reverse side of the photograph the Licensee shall record the person's name, residence address, date of birth, social security number, gender, height and weight. If the person has no social security number, the Licensee shall record this fact. 4100944 6 11/19/2014 4. Whenever any Pawnbroker shall buy any article of pawned or pledged Second Hand Articles, the same shall be recorded in the same manner as a pledge and the record shall show all information required for a pawn or pledge. 5.46.100 REPORT TO POLICE. A. It shall be the duty of every Licensee to make out and deliver to a designated email account or facsimile designated by the Chief of Police, before the hour of 12:00 p.m. noon, a legible and exact copy from the books required by state law and this Chapter of all Second Hand Articles received on deposit or purchased during the preceding day. B. It shall be the duty of every Licensee to immediately report to the Chief of Police, or his designee, any Second Hand Article sought to be sold, deposited, pawned or pledged with the Licensee, if it is reasonably believed that the said Second Hand Article was stolen or lost and found by the person attempting to sell, deposit, pawn or pledge the said Second Hand Article. 5.46.110 INSPECTION OF RECORDS. The book, the photographs required under this Chapter and every Second Hand Article sold, pawned or pledged shall at all times during the Licensee's business hours be open to the inspection of any member of the Village's Police Department or any other authorized law enforcement agency. 5.46.120 MEMORANDUM TO PLEDGER (PAWNBROKER). Every Pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, article or thing, a memorandum or note signed by Pawnbroker containing an accurate account and description, in the English language, of all Second Hand Articles pawned or pledge, the amount of money, value of things loaned thereon, the time of pledging the same, the rate of interest to be paid on the loan, the name and residence of the person making the pawn or pledge, and the amount of any fees. 5.46.130 REMOVAL OF IDENTIFYING MARKS PROHIBITED. No Licensee shall remove, alter or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon a Second Hand Article that was purchased or received in pledge until such time that the Licensee becomes the legal owner of the property. In addition, an item shall not be accepted for pledge or purchase where the manufacturer's make, model, or serial number, personal identification number or identifying marks engraved or etched upon a Second Hand Article has been removed, altered or obliterated. 5.46.140 SALES AND REDEMPTIONS REGULATED. 4100944 7 11/19/2014 No Second Hand Article received for sale or on deposit or pledge by any Licensee shall be sold or permitted to be redeemed or removed from the place of business of the Licensee for a period of 48 hours after the delivery of the copy and statement required by the State of Illinois Pawnbroker's License and this Chapter. If the person fails to repay the loan during the period specified on the pawn ticket to a Pawnbroker, the Pawnbroker shall automatically extend a grace period of 30 days from the default date on the loan during which the Pawnbroker shall not dispose of or sell the Second Hand Article. The parties may agree to extend or renew a loan upon terms agreed upon by the parties. 5.46.150 PROHIBITED PLEDGES OR PURCHASES. A. No Licensee shall purchase or take, nor shall any Pawnbroker take or receive in pawn or pledge for any advancement or loan, any Second Hand Article from a minor, or the ownership of which is in, or which is claimed by, any minor, or which may be in the possession or under the control of any minor. B. No Licensee shall purchase or take, nor shall any Pawnbroker take or receive any Second Hand Article in pawn or buy from any person appearing to be intoxicated or under the influence of any narcotic, nor from any person known to be a thief or to have been convicted of theft or burglary, and when any person is found to be in possession of stolen Second Hand Article which has been presented for pledge, pawn or sale. The stolen Second Hand Article that has been obtained by a Licensee shall return it to the owner without the payment of the amount advanced by the Licensee thereon or any costs or charges of any kind which the Licensee may have placed upon the same. 5.46.160 HOLD ORDER. A. For the purposes of this Section, "hold order" means a written legal instrument issued to a Licensee by any member of the Village of Buffalo Grove Police ("Department"), ordering the Licensee to retain physical possession of a Second Hand Article in the possession of the Licensee or a Second Hand Article purchased by and in the possession of the Licensee and not to return, sell, or otherwise dispose of such Second Hand Article when such Second Hand Article is believed to be lost, stolen or is otherwise necessary to enforce any law. B. Upon written notice from the Department indicating that Second Hand Article in the possession of a Licensee and subject to a hold order is needed for the purpose of furthering a criminal investigation and prosecution, the Licensee shall release the Second Hand Article subject to the hold order to the custody of the Department for such purpose and the Department shall provide a written acknowledgment that the Second Hand Article has been released to the Department. The release of the Second Hand Article to the custody of the Department shall not be considered a waiver or release of the Licensee's property rights or interest in the Second Hand Article. Upon completion 4100944 8 11/19/2014 of the criminal investigation, the property shall be returned to the Licensee who consented to its release; except that, if the Department has not completed the criminal investigation within 120 days after its release, the Department shall immediately return the property to the Licensee or obtain and furnish to the Licensee a warrant for the continued custody of the property, unless the Licensee otherwise agrees to the extended possession of the Second Hand Article. C. The Licensee shall not release or dispose of the Second Hand Article except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions. D. In cases where criminal charges have been filed and the Second Hand Article may be needed as evidence, the Department or prosecuting attorney shall notify the Licensee in writing. The notice shall contain the case number, the style of the case, and a description of the Second Hand Article. The Licensee shall hold such Second Hand Article until receiving notice of the disposition of the case from the Department or prosecuting attorney. The Department or prosecuting attorney shall notify the Licensee and claimant in writing within 15 days after the disposition of the criminal case. 5.46.170 VIOLATION; PENALTIES. A. In addition to the provisions of this chapter, every Pawnbroker shall operate in a manner prescribed by this Chapter and by the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et. seq.). B. Every act or omission constituting a violation of any provision of this Chapter by any officer, director, manager, agent or employee of any Licensee shall be deemed and held to be the act of such employer or Licensee and the employer or Licensee shall be punishable in the same manner as if such act or omission had been committed or omitted by him or her personally. C. Any Licensee violating any of the provisions of this Chapter shall be deemed guilty of a business offense and upon conviction thereof shall be fined in an amount not exceeding seven hundred fifty dollars ($750.00). Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. D. In addition to the imposition of a fine as established in Subsection C above, any Licensee deemed to be found guilty of business offense for a violation of this Chapter or found guilty of a misdemeanor for violation of the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et. seq.) may also result in the suspension, cancellation or revocation of a License. 4100944 9 11/19/2014 Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: 12014. APPROVED: 12014. PUBLISHED: 12014. APPROVED: Jeffrey Braiman, Village President ATTEST: Jan Sirabian, Village Clerk 4100944 10 11-18-2014 ORDINANCE NO. 2014— AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE TITLE 17 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS CONCERNING PAWN SHOPS AND RESALE SHOPS AS SPECIAL USES IN THE BUSINESS DISTRICT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, stolen goods are often sold for cash at Pawn Shops and Resale Shops; and WHEREAS, the Village's Police Department has reported that identifying and retrieving stolen goods from such businesses and identifying the individuals who sold such stolen goods is a difficult and labor-intensive task; and WHEREAS, the goals of deterrence of crime, apprehension of criminals, retrieval of stolen goods for return to the lawful owners, and maintenance of public order are served by an effective and efficient system of recording and reporting such sales and delaying the resale or destruction of such purchased items; and WHEREAS, the Village has a significant governmental interest in preventing and deterring the sale, resale or destruction of stolen goods, and; WHEREAS, the Village has determined that it is in the best interests of the health, safety, morals and welfare of the public to limit the number of Pawn Shops and Resale Shops within its corporate boundaries, and; WHEREAS, the Village has determined that amendments to the Village Zoning Ordinance, Title 17 of the Buffalo Grove Municipal Code, are necessary concerning the reclassification of Pawn Shops from a permitted use to a special use in the B-2 Business District and the addition of Resale Stores as a special use in B-2 Business District; and, WHEREAS, the Village Board conducted a public hearing on December 1, 2014 2 concerning said amendments and determined that the proposed amendments are appropriate to properly regulate Pawn Shops and Resale Shops. NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, LLINOIS: Section 1. Subsection B. of Section 17.44.030, Permitted Uses of the Buffalo Grove Municipal Code is hereby amended by deleting the following: Pawn shops. Section 2. Subsection C. of Section 17.44.030, Special Uses of the Buffalo Grove Municipal Code is hereby amended by adding the following: 21. Pawn Shops or Resale Shops (as defined in Chapter 5.46 of the Buffalo Grove Municipal Code) shall not be located within 1000 feet of any other Pawn or Resale Shop as measured in a direct line from the closest point on one lot line to the closest proximate point on the other lot line. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYS: ABSENT: PASSED: APPROVED: PUBLISHED: ATTEST: APPROVED: Village Clerk JEFFREY S. BRAIMAN, Village President Ordinance No. 2014-78: Ordinance Amending Chapter 5.46 11-D of the Municipal Code - Pawnbrokers and Resale Dealers .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The attached ordinance contains proposed regulations pertaining to pawnbrokers and resale dealers. Under the proposed ordinance, a license is required to operate a pawn shop or a resale shop within the Village. Exemptions are provided for certain functions, such as residential garage sales,government and certain tax- exempt sales and stores devoted exclusively to the sale of jewelry. The regulation sets forth terms for the maintenance of certain records pertaining to pawned articles and secondhand merchandise, and for those records to be transmitted to the Police Department. A hold order is also provided for, which would allow the Police Department to place a hold upon any merchandise believed to be lost or stolen from being sold or disposed while on hold. In addition to the proposed ordinance, a public hearing is scheduled and an ordinance placed on the agenda for consideration of zoning ordinance requirements for pawn shops and resale shops, as defined. Prior Actions Public Hearing and adoption of amendments to the Zoning Ordinance. Attachments PARKRIDGE-#100944-v10-Pawnbroker and Resale_Dealer License.pdf Trustee Liaison Staff Contact Trustee Terson Brian P Sheehan, M.on.daY>............December ...1........> 2014. . ....................................................................................................Ordinances ...and ...Resolutions ..._...Item ........1..1..D............................................................ 11/19/2014 ORDINANCE NO. 2014- AN ORDINANCE CREATING CHAPTER 5.46 PAWNBROKERS AND RESALE DEALERS OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, stolen goods are often sold for cash at Pawn Shops and Resale Stores; and WHEREAS, the Village's Police Department has reported that identifying and retrieving stolen goods from such businesses and identifying the individuals who sold such stolen goods is a difficult and labor-intensive task; and WHEREAS, the goals of deterrence of crime, apprehension of criminals, retrieval or stolen goods for return to the lawful owners, and maintenance of public order are served by an effective and efficient system of recording and reporting such sales and delaying the resale or destruction of such purchased items; and WHEREAS, the Village of Buffalo Grove has a significant governmental interest in preventing and deterring the sale, resale or destructions of stolen goods, and; WHEREAS, the Village of Buffalo Grove believes it is in the best interests of the health, safety and welfare of the general public to regulate and license Pawnbrokers and Resale Dealers. WHEREAS, the Village of Buffalo Grove desires to implement a moratorium on enforcing the license requirements under newly created Chapter 5.46 until July 1, 2015, and therefore, all initial licenses issued under the Chapter 5.46 shall be effective from July 1, 2015 or from the date of issuance, whichever is later, and shall terminate on December 31, 2015, and the corresponding fee for each such initial license shall be prorated accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, pursuant to its Home Rule authority, as follows: Section 1. The foregoing recitals are made a part hereof as if fully restated hereby. 4100944 1 11/19/2014 Section 2. Chapter 5.46 of the Village of Buffalo Grove Municipal Code is hereby created to read as follows: Chapter 5.46 PAWNBROKERS AND RESALE DEALERS 5.46.010 DEFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. "License" means a Village of Buffalo Grove Pawnbroker or Resale Dealer's License. B. "Licensee" means an individual or business who has received a valid License. C. "Pawnbroker" means every individual or business entity which lends money on the deposit or pledge of physically delivered Second Hand Articles or who deals in the purchase of such Second Hand Articles on the condition of selling the property back again at a stipulated price. The business of a pawnbroker does not include the lending of money on deposit or pledge of title to property or property in which the ownership of such is subject to a legal dispute, securities, printed evidence of indebtedness or printed evidence of ownership of the personal property. D. "Pawn Shop" means the location where a Pawnbroker conducts business. E. "Resale Dealers" means every individual or business entity engaged in the business of purchase, sale, consignment or barter of Second Hand Articles, not otherwise exempted from this Chapter. F. "Resale Shop" means the location where a Resale Dealer conducts business. G. "Second Hand Articles" mean any and all goods previously owned by a consumer that is not a dealer possessing a federal employee identification number, that are not expressly exempted in this Chapter, which shall include but not be limited to: 1. antiques, 2. artwork, 3. bicycles, scooters, and skateboards, 4. clothing, 5. collectibles and memorabilia, 6. electronics, 7. furniture, 4100944 2 11/19/2014 8. household goods and appliances, 9. jewelry, 10. musical instruments, 11. recyclable materials, 12. scrap metals, 13. sports equipment, 14. tools, 15. valuable and/or precious metals and stones. 5.46.020 EXEMPTIONS This Chapter shall not apply to: 1. Residential garage sales. 2. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious, or benevolent organizations that have been active and in continuous existence for at least one year prior to the holding of the sale or that are exempt from taxation under Section 501(c) of the federal Internal Revenue Code. 3. Sales or purchases by State of Illinois licensed automobile dealers, used parts dealers, or automotive parts recyclers. 4. Consumer shows or exhibitions of collectibles. 5. Providers of commercial mobile services as defined in 47 U.S.C. 332(d) or their authorized dealers. 6. Sales or purchase of Second Hand Articles by an individual conducted through a website, not owned or operated by the seller or purchaser. 7. Sales or purchase of tickets for sporting events, recreational events, or concerts, which is otherwise allowed by law. 8. Individuals or business entities at a physical location within the Village that are exclusively engaged in the sale of jewelry but are not exclusively engaged in the sale of Second Hand Articles. 5.46.030 LICENSE REQUIRED 4100944 3 11/19/2014 A. No individual or business entity shall engage in the business of a Pawnbroker or Resale Dealer within the Village without obtaining a License in addition to any other federal, state, and local requirements. B. No License issued under the provisions of this Chapter shall be transferable. C. No License shall be issued for a Pawnbroker until the applicant obtains and provides a valid State of Illinois Pawnbroker's License as required by the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et.seq.). 5.46.040 APPLICATION; APPLICATION FEE. A. Application for a License shall be made in writing to the Village Clerk on a form provided by the Village for that purpose and must state thereon the following information: 1. The name of applicant. 2. Type of business entity the applicant is. 3. The permanent business address of the applicant. 4. The permanent business telephone number of the applicant. 5. In the case of a firm, limited liability company, or corporation, the names, permanent residence addresses, and permanent residence telephone numbers of the partners or officers and all shareholders owning more than five percent (5%) of the outstanding shares of stock. If a listed shareholder is a firm, limited liability company, or corporation, the above information shall be provided for that entity and other such entities in the line of ownership. 6. The name of the Pawn Shop or Resale Shop under which the applicant will operate. 7. The location of the property for which the License is requested. (A) All applicable deeds, leases or other documentation showing the Applicants lawful ability to use the location property as a Pawn Shop or Resale Shop. 8. Whether the applicant, partners, officers, or listed shareholders have been convicted of any criminal offense (excluding non-jailable traffic violations) in any jurisdiction and, if so, a list of such convictions with the date and prosecuting jurisdiction. All applicants, including those shareholders owning more than five (5%) of the outstanding shares of stock of an application corporation or limited liability company individuals shall be required to submit to and pass a background check performed by the Village or its designee(s). 4100944 4 11/19/2014 9. The social security number/federal employer identification number ("FEIN") of the applicant. 10. The principal contact person of the applicant. 11. The list, including name and location, of any other Pawn Shops or Resale Shops owned or operated by the applicant. B. Each application for a License from an applicant who at the time of application does not hold a valid License shall be accompanied by an applicant fee of $250.00. This application fee shall be in addition to all other fees set forth in this Chapter and shall not be refunded in the event that the application for a License is withdrawn or denied. C. A separate application and License for each separate location is required. 5.46.050 DURATION OF LICENSE. All Licenses granted under this Chapter shall be effective from January 1 or from the date of issuance, whichever is later, and shall terminate on December 31. 5.46.060 LICENSE FEE. The License fee for a Resale Shop shall be $1,500.00 which must be paid in full prior to any valid License being issued. The License fee for a Pawn Shop shall be $2,000.00 which must be paid in full prior to any valid License being issued. 5.46.070 SIGNAGE A. Every Pawnbroker shall at all times have and keep Section 2 of the Illinois Pawnbrokers Act (205 ILCS 510/0.01 et. seq.) printed in the English language and framed and posted in a prominent and conspicuous position at the business location. B. Every Licensee shall at all times have and keep the License framed and posted in a prominent and conspicuous position at the business location. 5.46.080 ADVANCEMENTS AND LOANS A. All advancements and loans made by any Pawnbroker shall be done in the manner prescribed by the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et. seq.). B. Resale Dealers shall not make any advancements and loans, except those dealers that are licensed as Pawnbrokers with State of Illinois. 5.46.090 MAINTENANCE OF RECORDS. 4100944 5 11/19/2014 A. Pawnbrokers Records Every Pawnbroker shall keep a book in which there shall be typed or printed in ink, which may include a computer printout, in the English language, containing the following information for each and every loan or taking of a pledge made by the licensee: 1. an accurate account and description of the goods, articles or things pawned or pledged including, the serial number and/or identification number of the items received which bear such number(s); 2. the amount of money, value or thing loaned thereon; 3. the date and time of pledging the same; 4. the rate of interest to be paid on the loan; 5. name and residence of the person pawning or pledging the said goods, article or thing; B. Licensee Records 1. Except for items purchased from dealers possessing a federal employee identification number who have provided a receipt to the Licensee, every Licensee shall also record in its book(s), an accurate account and description in the same manner described for Pawnbroker's Records above, of all Second Hand Articles purchased or received for the purpose of resale by the Licensee, not in the course of a pledge or loan. No entry in such book shall be erased, mutilated or changed. 2. Every Licensee shall require one form of photographic identification by each person offering for sale, pledging or pawning any Second Hand Articles to the Licensee. The form of identification must be photographic identification issued by a federal or state governmental entity. Forms of identification must contain a photograph of the individual and must be: a state driver's license, a state identification card, a passport, or a military identification card. Required forms of identification shall be copied and maintained for all transactions completed by Licensees for a period of three years following each transaction. 3. If the person offering for sale, pledging or pawning any Second Hand Articles to the Licensee does not have a photographic identification card issued by a federal or state governmental entity, the Licensee shall photograph the person and require two forms of other identification, one of which shall contain both the person's name and residential address. The photograph shall be in color. On the reverse side of the photograph the Licensee shall record the person's name, residence address, date of birth, social security number, gender, height and weight. If the person has no social security number, the Licensee shall record this fact. 4100944 6 11/19/2014 4. Whenever any Pawnbroker shall buy any article of pawned or pledged Second Hand Articles, the same shall be recorded in the same manner as a pledge and the record shall show all information required for a pawn or pledge. 5.46.100 REPORT TO POLICE. A. It shall be the duty of every Licensee to make out and deliver to a designated email account or facsimile designated by the Chief of Police, before the hour of 12:00 p.m. noon, a legible and exact copy from the books required by state law and this Chapter of all Second Hand Articles received on deposit or purchased during the preceding day. B. It shall be the duty of every Licensee to immediately report to the Chief of Police, or his designee, any Second Hand Article sought to be sold, deposited, pawned or pledged with the Licensee, if it is reasonably believed that the said Second Hand Article was stolen or lost and found by the person attempting to sell, deposit, pawn or pledge the said Second Hand Article. 5.46.110 INSPECTION OF RECORDS. The book, the photographs required under this Chapter and every Second Hand Article sold, pawned or pledged shall at all times during the Licensee's business hours be open to the inspection of any member of the Village's Police Department or any other authorized law enforcement agency. 5.46.120 MEMORANDUM TO PLEDGER (PAWNBROKER). Every Pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, article or thing, a memorandum or note signed by Pawnbroker containing an accurate account and description, in the English language, of all Second Hand Articles pawned or pledge, the amount of money, value of things loaned thereon, the time of pledging the same, the rate of interest to be paid on the loan, the name and residence of the person making the pawn or pledge, and the amount of any fees. 5.46.130 REMOVAL OF IDENTIFYING MARKS PROHIBITED. No Licensee shall remove, alter or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon a Second Hand Article that was purchased or received in pledge until such time that the Licensee becomes the legal owner of the property. In addition, an item shall not be accepted for pledge or purchase where the manufacturer's make, model, or serial number, personal identification number or identifying marks engraved or etched upon a Second Hand Article has been removed, altered or obliterated. 5.46.140 SALES AND REDEMPTIONS REGULATED. 4100944 7 11/19/2014 No Second Hand Article received for sale or on deposit or pledge by any Licensee shall be sold or permitted to be redeemed or removed from the place of business of the Licensee for a period of 48 hours after the delivery of the copy and statement required by the State of Illinois Pawnbroker's License and this Chapter. If the person fails to repay the loan during the period specified on the pawn ticket to a Pawnbroker, the Pawnbroker shall automatically extend a grace period of 30 days from the default date on the loan during which the Pawnbroker shall not dispose of or sell the Second Hand Article. The parties may agree to extend or renew a loan upon terms agreed upon by the parties. 5.46.150 PROHIBITED PLEDGES OR PURCHASES. A. No Licensee shall purchase or take, nor shall any Pawnbroker take or receive in pawn or pledge for any advancement or loan, any Second Hand Article from a minor, or the ownership of which is in, or which is claimed by, any minor, or which may be in the possession or under the control of any minor. B. No Licensee shall purchase or take, nor shall any Pawnbroker take or receive any Second Hand Article in pawn or buy from any person appearing to be intoxicated or under the influence of any narcotic, nor from any person known to be a thief or to have been convicted of theft or burglary, and when any person is found to be in possession of stolen Second Hand Article which has been presented for pledge, pawn or sale. The stolen Second Hand Article that has been obtained by a Licensee shall return it to the owner without the payment of the amount advanced by the Licensee thereon or any costs or charges of any kind which the Licensee may have placed upon the same. 5.46.160 HOLD ORDER. A. For the purposes of this Section, "hold order" means a written legal instrument issued to a Licensee by any member of the Village of Buffalo Grove Police ("Department"), ordering the Licensee to retain physical possession of a Second Hand Article in the possession of the Licensee or a Second Hand Article purchased by and in the possession of the Licensee and not to return, sell, or otherwise dispose of such Second Hand Article when such Second Hand Article is believed to be lost, stolen or is otherwise necessary to enforce any law. B. Upon written notice from the Department indicating that Second Hand Article in the possession of a Licensee and subject to a hold order is needed for the purpose of furthering a criminal investigation and prosecution, the Licensee shall release the Second Hand Article subject to the hold order to the custody of the Department for such purpose and the Department shall provide a written acknowledgment that the Second Hand Article has been released to the Department. The release of the Second Hand Article to the custody of the Department shall not be considered a waiver or release of the Licensee's property rights or interest in the Second Hand Article. Upon completion 4100944 8 11/19/2014 of the criminal investigation, the property shall be returned to the Licensee who consented to its release; except that, if the Department has not completed the criminal investigation within 120 days after its release, the Department shall immediately return the property to the Licensee or obtain and furnish to the Licensee a warrant for the continued custody of the property, unless the Licensee otherwise agrees to the extended possession of the Second Hand Article. C. The Licensee shall not release or dispose of the Second Hand Article except pursuant to a court order or the expiration of the holding period of the hold order, including all extensions. D. In cases where criminal charges have been filed and the Second Hand Article may be needed as evidence, the Department or prosecuting attorney shall notify the Licensee in writing. The notice shall contain the case number, the style of the case, and a description of the Second Hand Article. The Licensee shall hold such Second Hand Article until receiving notice of the disposition of the case from the Department or prosecuting attorney. The Department or prosecuting attorney shall notify the Licensee and claimant in writing within 15 days after the disposition of the criminal case. 5.46.170 VIOLATION; PENALTIES. A. In addition to the provisions of this chapter, every Pawnbroker shall operate in a manner prescribed by this Chapter and by the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et. seq.). B. Every act or omission constituting a violation of any provision of this Chapter by any officer, director, manager, agent or employee of any Licensee shall be deemed and held to be the act of such employer or Licensee and the employer or Licensee shall be punishable in the same manner as if such act or omission had been committed or omitted by him or her personally. C. Any Licensee violating any of the provisions of this Chapter shall be deemed guilty of a business offense and upon conviction thereof shall be fined in an amount not exceeding seven hundred fifty dollars ($750.00). Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. D. In addition to the imposition of a fine as established in Subsection C above, any Licensee deemed to be found guilty of business offense for a violation of this Chapter or found guilty of a misdemeanor for violation of the Illinois Pawnbroker's Act (205 ILCS 510/0.01 et. seq.) and the Pawnbrokers Administrative Rules (38 III.Adm.Code 360.10 et. seq.) may also result in the suspension, cancellation or revocation of a License. 4100944 9 11/19/2014 Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: 12014. APPROVED: 12014. PUBLISHED: , 2014. APPROVED: Jeffrey Braiman, Village President ATTEST: Jan Sirabian,Village Clerk 4100944 10 Ordinance No. 2014-79: Approving amendment of a special use in the Industrial District, Max Training, 355 Hastings 11-E Drive .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Peter Miramonti, operator of the Max Training Center,has requested amendment of the special use to allow volleyball tournaments and leagues. The special use approved by Ordinance No. 2013-24 (Section 2.1)) limits use of the facility as follows: The facility shall be used for individual and team training as represented in the Exhibit C attached hereto presented by the Petitioner. The facility shall not be used for large group activities, including but not limited to, award dinners, sports combines, multi-team competitions and spectator events. Mr. Miramonti indicates that the proposed volleyball tournaments and leagues would be limited to weekends two times per month, January through May. A maximum of 100 people would be in the facility, and over 90 parking spaces are available on the property. The building is approximately 68,000 square feet. Max Training occupies a space of 25,000 sq.ft. in the east portion of the building. Amerisun, Inc occupies the remaining 43,000 sq.ft. of the building, primarily for warehousing. Bill Corwin, President of Amerisun, provided a letter confirming that the tournament activities proposed by Max Training are acceptable since Amen sun does not operate on weekends. The Planning &Zoning Commission conducted a public hearing on November 5, 2014 and voted 7 to 0 to recommend approval of the special use amendment. The Village's building and fire inspection staff have inspected the Max Training facility and reviewed the proposed plan for spectator seating. Staff have determined that the use will meet applicable code and life- safety requirements. The draft ordinance with exhibits is attached. Next Steps Review of building permit. Prior Actions Approval of Ordinance No.2013-24 Anticipated Future Board Actions None Attachments Ordinance&exhibits_Max Training special use.pdf Location map&aerial_351-355 Hastings.pdf Trustee Liaison Staff Contact Trustee Ottenheimer Robert E Pfeil,Planning M.on.daY>............December ...1........> 2014. . ....................................................................................................Ordinances ...and ...Resolutions ..._...Item ........1..1..E............................................................. 11/24/2014 ORDINANCE NO. 2014— AN ORDINANCE APPROVING AN AMENDMENT TO ORDINANCE NO. 2013-24 A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Max Training Center, LLC 355 Hastings Drive Chevy Chase Business Park West (Missner Hastings Subdivision) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ("Property") attached hereto is zoned in the Industrial District pursuant to Ordinance No. 97-82; and, WHEREAS, Hastings Building LLC is the owner of the Property; and, WHEREAS, the Village approved Ordinance No. 2010-8 granting a special use for Multisport Athletics, LLC to operate a recreation facility for sports training at the Property; and, WHEREAS, the Village approved Ordinance No. 2013-24 amending the special use to name Max Training Center, LLC as the operator of the facility approved by Ordinance No. 2010- 8; and, WHEREAS, Max Training Center, LLC (hereinafter referred to as the "Petitioner") has requested amendment of the special use to allow volleyball tournaments and leagues at the facility; and, WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on November 5, 2014 concerning amendment of the special use to allow volleyball tournaments and leagues; and, 2 WHEREAS, the Planning & Zoning Commission determined that amendment of the special use as presented in testimony at the public hearing meets the criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance and use of the Property as proposed would be compatible with adjacent properties, and the Commission voted 7 to 0 to recommend approval of the amendment of the special use; and, WHEREAS, the facility would be operated in accordance with and pursuant to the following exhibits: EXHIBITA Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Max Training Center Overview EXHIBIT D Letter dated October 23, 2014 from Mike Powers, Molto Properties EXHIBIT E Floor plan of facility WHEREAS, the Village President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving an amendment of the special use allowing volleyball tournaments and leagues at the Max Training facility pursuant to the exhibits hereto for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use, as amended, granted to Max Training Center, LLC is assignable to subsequent petitioners seeking assignment of this special use as follows: 3 1. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 2. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. B. The facility shall be used for individual and team training and volleyball tournaments and leagues as represented in the exhibits hereto. Any other activities in the facility are subject to review and approval by the Village. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Petitioner's Acceptance and Agreement attached hereto as Exhibit B. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk Jeffrey Braiman, Village President 4 EXHIBIT A Legal Description Max Training Center, LLC 355 Hastings Drive Chevy Chase Business Park West SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 2 of the Missner Hastings Subdivision, being a subdivision of part of the north % of the southwest X of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, in the Village of Buffalo Grove, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 351-355 Hastings Drive, Buffalo Grove, IL PIN: 15-34-315-031 5 EXHIBIT B Max Training Center, LLC 355 Hastings Drive Chevy Chase Business Park West Petitioner Acceptance and Agreement concerning special use ordinance Max Training Center, LLC, acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2014—_ pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. Max Training Center, LLC By: Name (print): Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2014—_ Owner, Hastings Building LLC By: Name (print): Title: ......................������;................ MA XAF T RA I N' I N G`h L'E N T E R 355 Hastings Drive Buffalo grove, Illinois 60089 847-215-7000 Max Training Center Overview Max Training Center will offer high quality instruction for young athletes in the sports of volleyball, basketball, and athletic development. Additional activities such as seasonal sport camps, health wellness programs, and adult sport programs, will also be added_ Young male and female athletes ages 8 through 14 will be offered athletic skill training in their specific sport, while learning self-discipline, consistent work routines, time management skills, and respect for themselves and the sport they participate in. Older athletes 15 through 18 will improve their skills and commitment as they train and prepare for higher level of competition in high school and college. Our core services will include volleyball training, basketball training, speed and agility sport specific training, seasonal sport clinics, and other athletic development programs. Max Training Center will differentiate itself with experienced instructors who are passionate about the sport they teach in developing athletes. Max Training Center has 4 volleyball courts with new Mateflex flooring system. In addition, there is 1200 square feet of conditioning area and 4000 square feet of basketball training area. Our athletes are closely supervised within each training area. In terms of parking, we do not anticipate needing more than 40-50 parking spaces. Most athletes will be dropped off and picked up by parents. There is a large waiting area inside so athletes will not congregate outside waiting for their return home transportation. The location of our unit is on the far eastern end of the building which helps ensure more safety of our athletes. X ................... MGLTO 000MMISREM October 23, 2014 RE: 355 Hastings, Buffalo Grove Dear Buffalo Grove, Peter Miramonti, the owner of. ax Training Center located at 355 Hastings, Buffalo Grove, IL has requested to use the current leased facility to host Volleyball Tournaments/Leagues. This is an extension of their current business use which is volleyball training for both girls and boys ages 8 through 18 years old(3rd grade through 12th grade). The Volleyball Tournaments/Leagues would be limited in scope with generally two courts with ® teams at any given point in time. Rj!r ose: Indoors Volleyball Tournaments/Leagues at Max Training Center. Some of which some will be a fundraiser for schools and causes such as the cancer awareness/fandraiser called "Volley For The Cure". Time of Year: Winter and Spring,January thru May Frequency: 2 times per month DAys.of Week: Never weekdays. Either Saturday or Sunday or both. Other tenant in building is closed for business when volleyball events would take place. Time of Day: 8arn®8pm Expected axitxrurn umber of t�eole: 100 Invitation Only. Those attending are the players and their parent. Closed to the public. May or may not have admission fee. Parkinp: There are over 90 parking spots available in the front and back of building which would be more than enough® .................... .......- .......... One 11 uncdin Centre 8 18W140 113utteiified Load, Sufte 750 � Oakbrook fer,race, IIIL 60181 1 630 576 1100 Leased Portion of ... Building: 25,000 square feet currently with 4 bathrooms . ...... Food and Beverage: Vending Machines and food brought in by participants for their own consumption. We the undersigned as the contract purchaser of the subject property consent to this use in the premises. Should you have any questions,please let me know. Sincerely, Malto Properties LLC Mike Powers Vice President ............... 2 1 ........................................................................................................................................................................................ Fronti Doorway## 100 ft Doorway#12 OfficecBathrooms Weightlifting Area 3 roars of 10 chairs C �aa 3 a Court 9.0 CIO 0CN Court Court rs U M Q 2 rornrs of 19 chairs 4& it LU s,. 31ack Bars indicate row of folding chairs 00 � Multi Purpose Area 80 Chairs l U M 10 61 ¢aoarwsay#3 ParkingBack Location Map - 351 -355 Hastings Dr '5i .1"18 V 5 a 71 PIPALJ IJ hi�IE ...................�qow......... 4 -—-------- tl 7 3C . .............. —..................................... HAS T PI Q ........... 2 7 3 J �H 11100 jq�4 ""I........... tlU � J Site puldIIIIIIIIIIIIIII ------ P"J", 7 E III "C 1�J, ......................................... I VO CIO 300 IK C 7 j" 1�J, ............ `ART%401JT1H ILN . ... .... ....... 71 n 2 0�I J 9 1 ............ rn - --------- ARMSTRONG DR .............. ........ "Al IN 114, J ........................................... ................................ 11...................................... ............................... ............ IX l," L 23 DI, 74 I........... Io 1 I CL If � N I p O / J O J vi N J •Y � j � C a as 1 r U I A i u � C�� I DRAFT PUBLIC HEARING BUFFALO GROVE PLANNING &ZONING COMMISSION November 5, 2014 Max Training,355 Hastings Drive Amendment of special use for a recreation facility In the Industrial District Chairman Smith called the hearing to order at 7:30 pm in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Smith read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing and swore in all persons who wished to give testimony. Commissioners present: Chairman Smith Mr. Cesario Mr. Cohn Mr. Goldspiel Ms.Johnson Mr. Khan Mr.Weinstein Commissioners absent: Mr. Lesser Mr. Shapiro Also present: Mr. Peter Miramonti, Max Training Center Mr. Les Ottenheimer, Village Trustee Mr.William Raysa,Village Attorney Mr. Brian Sheehan, Village Building Commissioner Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Memo from Mr. Pfeil to the Plan Commission dated October 31, 201 Exhibit 2: Letter from Amerisun dated November 5, 2014 Mr. Peter Miramonti stated he is requesting an amendment to the special use due to the fact that his business needs to be running some tournaments at the center. The building has been sold and his lease currently expires at the end of July and he is trying to be proactive and if anything needs to be done inside the building he would like to know so he can make sure he can use that as part of the negotiations for a new lease. Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 1 of 5 Mr. Miramonti stated he would like to run some volleyball tournaments. These tournaments would start in January and go on probably through May for 2-3 tournaments per weekend. They would be on Saturdays or Sundays in the evenings and not during the week. Mr. Miramonti noted he is aware that one of the biggest concerns is the parking in the facility. He stated the worst case scenario for parking demand would be 80 athletes in the facility. If every parent brought one child that would be a need for 80 parking spaces. He figures there are about 90 parking places in the front and back of the building. There is some additional parking in the back dock areas. That is perhaps another 12-14 spaces. He feels the maximum number of spaces he would need would be 80. Generally speaking at these tournaments about%of the parents go. Not everyone attends these tournaments. Therefore, realistically if he ran a tournament with 8 teams he would need approximately 60 parking spots which the building has. Mr. Miramonti noted that the days of traveling great distances to go to tournaments are changing and people do not have that kind of time anymore. His need for his business is to run tournaments. Mr. Miramanti stated the building is 68,000 square feet and he has the east end which is 25,000 square feet. The remainder of the building has two more units but they are all leased by the same company, mainly Amerisun, which is a warehouse company. Their business hours are 8-6 pm Monday through Friday. There is no one around during the weekends and there is a letter from the owner which gives him permission to use all of his parking in the front and back. Commissioner Goldspiel asked how many players are on a volleyball squad. Mr. Miramonti stated there are typically 8-10 on a team. He took the worst case scenario and had 10 kids to a team and there are 8 teams there so you are looking at a maximum of 80 kids which would be equal to 80 cars or 80 adults. Commissioner Goldspiel asked if these are round robin tournaments or play until you are done. Would a team be playing more than one team or match on a day. Mr. Miramonti stated yes they would. Typically some would start at 8:00 am for pool play and in the afternoon you get into the quarter finals and semi-finals. At that point there are people leaving every hour. Commissioner Goldspiel asked if there are sufficient restroom facilities for that number of people. Mr. Miramonti stated he believes he does. He asked Mr. Sheehan to come out and check the facility as well as the fire Chief and everything was approved. Commissioner Cesario asked on a normal work day how many spaces are utilized in the entirety of the lot because he can't imagine that it is 100. Mr. Miramonti noted that Mondays through Fridays they just have practices. Commissioner Cesario asked how many spaces are used between Max Training and the other neighbors. Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 2 of 5 Mr. Miramonti stated his neighbor was only using 6 spaces today. Typically for a practice perhaps 20 spaces are used. There could be a practice going on because the parents drop the kids off and leave. Commissioner Cesario noted there is a reference in the memo of October 1, 2014 that says building and fire staff toured the facility and asked if there were any comments. Mr. Sheehan stated basically the inspection was to look at the life safety issues and to be sure there were clear exits to both the front and back of the building when seating was set up. They checked the number of restrooms available and there were no issues that were noted during the inspection. Commissioner Weinstein stated he has seen the volleyball facility up in Vernon Hills on the weekend and there have been cars parked for blocks which are probably for tournaments. He asked how the tournaments to be held at Max's Training would be different. Mr. Miramonti stated he does not know exactly what they do but he believes they have 8 courts. He has only 4 and he plans on using only 2 for tournaments. He stated he just wants to do things on a limited basis. He does not know how many teams there are up in Vernon Hills and they probably have all courts going which would be 32 teams. Commissioner Weinstein asked if there is even parking allowed on Hastings Lane. Mr. Miramonti stated there is no street parking allowed. Commissioner Weinstein asked what someone would do if the lot was full. Mr. Miramonti stated he does not think it will be full but there is always parking in the docks. He did not include that into the estimated parking spaces. He does know that Amerisun gets shipments going out and deliveries coming in on Mondays and Fridays. His only concern was that nothing would be done on a Friday which there won't be. Therefore there could be additional parking in his dock areas if need be. Commissioner Weinstein asked if there was a reason that there was a specific exclusion that the petitioner was not allowed to have large group activities even on weekends. Mr. Miramonti stated originally he had a partner who was the basketball person. They parted ways and he changed the name to Max Training Center. The special use just carried over from the prior owners. He just thinks he needs to keep the teams closer to him instead of the extensive traveling. He also needs to be looking to see how he can recapture the amount that his lease will be going up and this is one way to make up the difference. Commissioner Weinstein asked if Mr. Pfeil knew why the restriction was in place. Mr. Pfeil said the 2013 amendment pertained to a change in ownership of the business. The Village Board conducted the public hearing. The special use for a recreation facility for the property goes back to Sports Academy Northwest. Multi-Sport Athletix was the next operator, which assumed the special use in 2010. At that time the facility became focused on volleyball. Mr. Miramonti and his previous partner were the operators of Multi-Sport. The original special use for Sports Academy Northwest addressed the concern that the magnitude of the use was not fully understood, and that is why there Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 3 of 5 were more restrictions to address possible parking problems. Northwest Sports Academy included baseball training and other activities including volleyball. Mr. Miramonti stated that when he took it over there was baseball which took up probably about 8,000 square feet and it was tight. He stated he re-did the inside and put non-skid paint on the floor and it is pretty clean. Commissioner Weinstein asked if the PZC recommends approval, would the petitioner be all right with conditions on it being only weekends, only two times per month and only during January through May. Mr. Miramonti stated he would but the only problem could be with the months as he could see where there would be three tournaments per month. But generally every month has some kind of holiday and you don't want to do anything over those days. So it will probably average 2 % per month. Commissioner Weinstein states the material he has shows the petitioner is planning to do this two times per month and he does not necessarily want to propose something that restricts him to two times per month if he may want to do three. If there will occasionally be third one per month say so now so he could craft a proposal accordingly. Mr. Miramonti asked if one tournament on Saturday and one on Sunday would be considered one or two. He stated he would consider that one. Commissioner Weinstein stated he will not limit the number of tournaments only the number of weekends. Commissioner Cohn asked the petitioner if he foresees anytime between January and May when there might be times they want to have tournaments every weekend of the month on every day of every weekend. There could be a month when there would be 8 tournaments. Mr. Miramonti stated it could happen if some schools want to have a fund raising for something. But it is not planned and he does not want to become the big tournament director. He just wants an extension to his business on a limited basis. Commissioner Cohn just reiterated that they would not want to put more limiting restrictions on the amendment than required. Mr. Miramonti stated it would be January through May. There is nothing going but training in those months prior. During summer the teams are not even in existence as he is doing summer camps. It could be three weekends a month but it is really based on when holidays fall and so on. Commissioner Goldspiel asked why he is only using two courts. Mr. Miramonti stated it is because he does not think the facility with the parking and so on can handle more than that. Mr. Miramonti stated he did look at things and what he felt would be the maximum which would be 8 teams, 10 kids per team which equals 80 cars. Even if he needs one or two more he will have them. He wants it to be a safe place and do what the Village wants done. Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 4 of 5 Chairman Smith stated he would like to see restrictions on the day making it the weekends but does not feel restrictions on the number of times per month is unnecessary. In his opinion it is not even necessary to have restrictions on the months of the year. There being no further comments or questions from anyone else present, Chairman Smith closed the public hearing at 7:55 pm. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Chair Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 5 of 5 Moved by Commissioner Cesario, seconded by Commissioner Cohn to approve the public hearing minutes of October 15, 2014 for the Emmerich Park East Park. All commissioners were in favor of the motion and the motion passed unanimously with Commissioners Johnson and Khan abstaining. Moved by Commissioner Cesario, seconded by Commissioner Cohn to approve the minutes of October 15, 2014 for the Prairie Krafts Brewing Company. Commissioner Weinstein noted a word needed to be included on the first page, first paragraph. Commissioner Goldspiel also noted a correction to page 2 where there is a reference to food truck vendors which he thinks the minutes should make clear the food trucks are for supplies for the facility and not to be sold out of the trucks. Also on the last page the adjourned time needed to be corrected. All Commissioners were in favor of the amended motion and the motion passed unanimously with Commissioners Johnson and Khan abstaining. Moved by Commissioner Cesario, seconded by Commissioner Weinstein to approve the regular minutes of October 15, 2014. All commissioners were in favor of the motion and the motion passed unanimously with Commissioners Johnson and Khan abstaining. Moved by Commissioner Khan, seconded by Commissioner Johnson to approve the public hearing minutes of October 1, 2014. Commissioner Weinstein noted one change required on page 1, paragraph 1 to include a word. All Commissioners were in favor of the amended motion and the motion passed unanimously. Moved by Commissioner Khan, seconded by Commissioner Johnson to approve the minutes of the regular minutes of October 1, 2014. All Commissioners were in favor of the motion and the motion passed unanimously. COMMITTEE AND LIAISON REPORTS Mr. Pfeil reported on the Village Board meeting of November 3, 2014. Ordinances were approved for the Prairie Krafts special use for accessory retail and for the public address system at Emmerich East Park. The Board spent a considerable amount of time discussing the downtown Buffalo Grove project and referred it to the Planning and Zoning Commission. MAX TRAINING, 355 HASTINGS DRIVE — AMENDMENT OF SPECIAL USE CONCERNING USES AT A RECREATION TRAINING FACILITY IN THE INDUSTRIAL DISTRICT Moved by Commissioner Weinstein, seconded by Commissioner Cohn for a positive recommendation to the Village Board for the Petitioner to amend the special use previously approved by Ordinance 2013-24 to add volleyball tournaments to the uses conducted in the facility at 355 Hastings Drive to take place only on weekends. Commissioner Goldspiel stated he feels it should be added that only two courts would be used because that affects the number of people and parking would be impacted. Commissioner Weinstein stated he did not wish to amend his motion. Commissioner Goldspiel noted the petitioner's reason for limiting the number of tournaments at a time was a good one and well thought out. In case this property goes on to other hands at some time it would be a good restriction to retain. Buffalo Grove Planning&Zoning Commission—Regular Meeting—November 5, 2014 Page 2 of 5 Commissioners Cesario stated that perhaps a different way to accomplish the same thing would be to have the 100 person occupancy cap built in because the configurations may change over time. If we are concerned about the number of spaces if the special use limited the events to 100 people then it gives a good ceiling on how many vehicles there could be on the weekends. Commissioner Cohn stated he feels the more practical solution is to limit the number of people and number of athletes and not the number of courts because you could have 80-100 players on 3 or 4 courts but it is more important to keep the number of players down to the number of parking spaces. Commissioner Goldspiel noted that can be confusing in that it is difficult to keep track of the number of people there are as players come and go. Commissioner Weinstein stated he does not know how to keep track of the number of people no matter how many courts they are using at any given time. The bring families and do the little kids count to that number even though they are only spectators. He noted that in some ways it will be self-regulated as there are only so many parking spaces and you cannot park on the street. He noted the petitioner will not be able to host tournaments that will exceed capacity. He stated he does not know how the Village could enforce the number of people inside. Commissioner Goldspiel stated it would be easier to keep track of how many courts are in use than how many people are in the building. This petitioner will keep things in hand but somewhere down the line some other future owner might have different issues. Moved by Commissioner Goldspiel to limit tournaments to two courts only at a time. Commissioner Cesario stated public spaces commonly have capacity limitations and he would like to know how a public entity goes about enforcing those capacity limits for fire and safety. Mr. Sheehan stated it would be on a complaint basis mostly. If they became aware of a situation where things were getting over crowded they would go out at the time it was occurring and verify the problem and issue a citation if they had to. Commissioner Goldspiel's motion was seconded by Commissioner Khan. Mr. Miramonti noted the only problem with the added restriction is if there were for example 8 teams in the building and there are two separate age groups and you would have a pool of 3 and a pool of 5. You still have 8 teams but the pool of 5 to play the pool out may need to play on 2 courts. So even he has the same amount of people, same amount of cars, it is being played on 3 courts instead of 2. Typically what is done are 4 teams to a pool but it is not unusual to have 5 team pools or 3 team pools. The spirit here is really the parking not necessarily the courts. He stated he intends on using 2 courts. But he can see a situation where he has a 5 team pool which is played over 2 courts. Commissioner Johnson stated she agrees with Commissioner Weinstein and thinks that this business will be self-governed. If they cannot provide the parking they will be the ones to suffer. Also if it is overcrowded in the facility people are going to complain and the fire department will get a call and we would then work on a capacity code. She noted she cannot see sending anyone in say he is using too many courts. People could be warming up on another court, practicing on another court so we have to be vague in the motion rather than too specific. Buffalo Grove Planning&Zoning Commission—Regular Meeting—November 5, 2014 Page 3 of 5 Chairman Smith called for a vote on the motion to amend and the vote was as follows: AYES: Goldspiel NAYS: Cesario, Cohn, Khan,Johnson, Weinstein, Smith ABSENT: Lesser, Shapiro ABSTAIN: None The motion failed 6 to 1. Chairman Smith called for a vote on the original motion and the vote was as follows: AYES: Cesario, Cohn, Goldspiel, Khan,Johnson,Weinstein, Smith NAYS: None ABSENT; Lesser, Shapiro ABSTAIN: None The motion passed 7 to 0. GW PROPERTY GROUP, 245 MCHENRY ROAD — AMENDMENT OF PLANNED UNIT DEVELOPMENT CONCERNING ALLOWED USES IN THE B-2 DISTRICT AND VARIATION OF SECTION 14.20.100 OF THE VILLAGE SIGN CODE FOR AN OFF-PREMISES DIRECTIONAL SIGN Moved by Commissioner Weinstein, seconded by Commissioner Cohn to recommend approval to the Village Board for the variation of the Village Sign Code to allow one off-premise sign for the property at 245 McHenry Road and to amend the PUD approved by Village Ordinance 88-110 pertaining to allowed uses on the property to allow a special use for a drive through facility on the property. Commissioner Cesario stated generally if people look at the pictures of the corner where the off premise sign would be you do not want a commercial sign in a non-commercial space. However, this is a difficult property to get into and he does appreciate the value of a directional sign in that location; one that is limited in size and would help direct a potential customer into the premises as opposed to going into the area south of there and he will support the motion. Commissioner Weinstein stated he is also supporting the motion because the sign was previously there in the same location and that easement exists for the exact same purpose. The only real change that has occurred is that there is a subdivision now there that was not there at the time. Given the circumstances you do need to see the sign or you will go past the facility. Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Cesario, Cohn, Goldspiel,Johnson, Khan, Weinstein, Smith NAYS: None ABSENT: Lesser, Shapiro ABSTAIN: None The motion passed 7 to 0. CHAIRMAN'S REPORT—None Buffalo Grove Planning&Zoning Commission—Regular Meeting—November 5, 2014 Page 4 of 5 Ordinance No. 2014-80: Approving amendment of a Planned Unit Development, GW Property Group, 245 11-F McHenry Road .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Mitch Goltz of GW Property Group proposes redevelopment of the property currently occupied by Wendy's restaurant, 245 McHenry Road. The parcel, zoned B-2 PUD, is Lot 1 of the Seigle's Resubdivision. The PUD ordinance approved in 1988 for the Seigle Home Center development includes a restriction concerning use of Lot 1. Ordinance No. 88-110, Section 20.D. states: Uses on the Property shall be limited to a fast food restaurant, a Seigle's Home and Building Center, and a two-story office building as depicted on Exhibit B. ...At the request of the Developer the Corporate Authorities may consider other uses on the Property. The Corporate Authorities may require review by the Village's Plan Commission, including public hearings, to amend this Ordinance to allow other uses. Several previous amendments have been approved for Lot 2 and Lot 3 of the PUD. The most recent amendment approved by Ordinance No. 2012-47 granted a special use to the Buffalo Grove Park District to redevelop the former Beth Am building on Lot 2 for a community arts center. Lot 3, north of the building, is designated as a parking area (the 1988 PUD allowed an office building on Lot 3). Mr. Goltz proposes to acquire the Wendy's restaurant building. The plan includes a building addition of 2,500 square feet on the east side. Two tenant spaces are proposed: a food use (2,200 sq.ft.) in the west portion of the building and a second tenant space of 4,300 sq.ft. in the east portion. The site plan provides 39 off-street parking spaces. This meets the Village's parking requirements based on a restaurant use of 2,200 sq.ft. (22 spaces required) and a retail or service use of 4,300 sq.ft. (17 spaces required). Mr. Goltz requests that the PUD amendment allow the uses listed in the B-2 General Business District. He also requests a special use for a drive-through for the proposed food use. The building currently has a drive-through used by the Wendy's restaurant. The Sign Code variation pertains to an off-premise directional sign proposed for the northeast corner of IL Route 83 (McHenry Road) and Bank Lane. Section 14.20.100 of the Sign Code requires a variation for approval of an off-premise sign. The sign would provide guidance for motorists to access the businesses at 245 McHenry Road. The property is restricted to right-in, right-out access to Route 83. Full access to Route 83 is available to the north at Bank Lane and to the south at the Grove shopping center. The original Seigle's development was granted a variation for an off-premise directional sign. The sign face included "Seigle's" and "Wendy's" with a directional arrow. The proposed sign would include the names of the two tenants. The sign would meet the standards for a directional sign (12 square feet in area; maximum height of 4 feet). The off-premise sign approved for Seigle's was located in an easement of 6 feet by 10 feet on the east side of Route 83 north of Bank Lane. The area north of Bank Lane now occupied by the Winchester Estates development was unincorporated when the sign easement was dedicated in 1989. The developer needs to confirm the location of the sign easement. If the easement is within the right-of-way of IL Route 83, approval by the IL Department of Transportation will be needed. The Planning &Zoning Commission conducted a public hearing on November 5, 2014 and voted 7 to 0 to recommend approval of the PUD amendment, building expansion, special use for a drive-through facility and variation of the Sign Code for the off-premise directional sign. The draft ordinance with exhibits is attached. Next Steps Review of building permits. Prior Actions Ordinances amending the PUD for the Seigle's Resubdivision. Anticipated Future Board Actions None Attachments Ordinance&exhibits_245 McHenry Rd_PUD amend-Seigle's.pdf Aerial View_off-premise sign 10-31-2014 final.pdf Trustee Liaison Staff Contact Trustee Ottenheimer Robert E Pfeil,Planning M.on.daY>............December ...1........> 2014. . ....................................................................................................Ordinances ...and ...Resolutions ..._...Item ........1..1..F............................................................. 11/24/2014 ORDINANCE NO. 2014— AN ORDINANCE APPROVING THE SEVENTH AMENDMENT TO THE PLANNED UNIT DEVELOPMENT(PUD) FOR THE SEIGLE'S RESUBDIVISION VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS GW Property Group, LLC Amendment of PUD concerning allowed uses, expansion of the existing building, special use for a drive-through facilty, and Sign Code variation for an off-premise directional sign 245 McHenry Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Seigle's Resubdivision was approved by Village Ordinance No. 88-110, which allowed a fast-food restaurant on Lot 1, a Seigle's Home and Building Center on Lot 2 and an office building on Lot 3 of the Seigle's Resubdivision; and, WHEREAS, amendments to Village Ordinance No. 88-110 were approved concerning commercial use of Lot 2 Ordinance No. 92-35 (First Amendment) and Ordinance No. 96-11 (Second Amendment); and, WHEREAS, Village Ordinance No. 98-54 (Third Amendment) approved a Special Use and Planned Unit Development (PUD) for the Congregation Beth Am to occupy the building on Lot 2 as a place of worship and related uses including education programs and social events, and the use of Lot 3 for supplementary parking to accommodate uses in the Beth Am facility; and, WHEREAS, Village Ordinance No. 2009-38 (Fourth Amendment) approved a Special Use and Planned Unit Development (PUD) amendment for Lot 2 for the Torah Academy to lease space within the Beth Am building to operate a school providing a dual curriculum of Judaic studies and general studies; and, WHEREAS, Village Ordinance No. 2011-2 (Fifth Amendment) approved an amendment to the special use for Lot 2 and Lot 3 for the Torah Academy to allow operation of a child day care facility in addition to the school approved by Ordinance No. 2009-38; and 2 WHEREAS, Village Ordinance No. 2012-47 (Sixth Amendment) approved a special use for the Buffalo Grove Park District to redevelop the building on Lot 2 as a performing arts center and auxiliary parking on Lot 3; and, WHEREAS, Seigle Investments LLC is the owner of Lot 1 of the Seigle's Resubdivision (as legally described in Exhibit A hereto, and hereinafter referred to as the "Property"), and said Property is zoned in the B-2 General Business District; and, WHEREAS, Ordinance No. 88-110, Section 20.D. limits use on Lot 1 to a fast-food restaurant; and, WHEREEAS, GW Property Group, LLC, as contract purchaser, requests amendment of Ordinance No. 88-110, Section 20.D. to remove the restriction allowing only a fast-food restaurant on Lot 1; and, WHEREAS, GW Property Group, LLC requests that uses allowed in the B-2 General Business District be allowed on Lot 1; and, WHEREAS, GW Property Group, LLC has submitted a plan for redevelopment of the building on Lot 1 for two tenant spaces including a food use and a general retail or service tenant; and, WHEREAS, GW Property Group, LLC requests a special use for a drive-through facility to service the food use, and a variation of Section 14.20.100 of the Village Sign Code to allow an off- premise directional sign; and, WHEREAS, GW Property Group, LLC has filed a petition requesting approval of amendment of the PUD concerning allowed uses on Lot 1, approval of a special use for drive-through facility for a food use, approval of a site plan allowing an expansion of 2,500 square feet of the existing building and a variation of the Village Sign Code for an off-premise directional sign pursuant to the following exhibits, which are attached hereto and made a part hereof: EXHIBITA Legal Description EXHIBIT B Petitioner Acceptance and Agreement concerning amend- ment of planned unit development, special use and variation of Sign Code EXHIBIT C Overall Site Plan (Sheet ST2) EXHIBIT D Proposed Site Plan (Sheet ST1) EXHIBIT E Proposed off-premise directional sign (Sheet A1.0) 3 WHEREAS, the Village Planning & Zoning Commission conducted a public hearing concerning the proposed the amendment of the planned unit development including allowed uses, expansion of the building, a special use for a drive-through facility and a variation of the Sign Code for an off-premise directional sign and determined that the requested items are appropriate for the Property and will be compatible with adjacent properties. WHEREAS, the Commission voted 7 to 0 to recommend approval of an amendment of the Planned Unit Development (PUD) concerning allowed uses in the B-2 District, expansion of the building, a special use for a drive-through facility and a variation of the Sign Code to allow an off- premise directional sign for the Property; and, WHEREAS, the President and Board of Trustees have determined that the amendment of the Planned Unit Development (PUD) concerning allowed uses in the B-2 District, expansion of the building, a special use for a drive-through facility and a variation of the Village Sign Code to allow an off-premise directional sign are appropriate for the use and development of the Property and will be compatible with adjacent properties as set forth in the terms and conditions set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby incorporated herein. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving the Seventh Amendment of the Planned Unit Development (PUD), allowing expansion of the building, granting a special use for a drive-through facility and granting a variation of the Village Sign Code for an off-premise directional sign to allow use and development of the Property as proposed by GW Property Group, LLC subject to the following conditions: A. Uses allowed in the B-2 District of the Buffalo Grove Zoning Ordinance shall be allowed on the Property, subject to the provision of off-street parking as required by the Zoning Ordinance. B. Accessible parking shall be provided on the Property in compliance with applicable state and Village requirements. C. Any changes to the exterior building appearance, outdoor lighting, landscaping and signs are subject to review and approval by the Village. D. Construction of the building addition and related site improvements are subject to review and approval by the Village. E. The special use for a drive-through facility is granted to GW Property Group, LLC for 4 a restaurant/food use tenant. Said special use is not assignable without approval by the Village. F. The variation of Section 14.20.100 of the Village Sign Code for an off-premise directional sign as depicted in Exhibit E hereto is subject to approval of the sign by the Illinois Department of Transportation and provision of a hold harmless agreement indemnifying the Village from any and all liability concerning said sign. Section 3. In the event that GW Property Group, LLC does not purchase the Property by June 1, 2015 this Ordinance shall be null and void. Section 4. This Ordinance shall be in effect upon the submittal of the executed Petitioner's and Owner's Acceptance and Agreement attached hereto as Exhibit B. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk Jeffrey S. Braiman, Village President This ordinance was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Blvd Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 5 EXHIBIT A Legal Description GW Property Group, LLC 245 McHenry Road Lot 1 of Seigle's Resubdivision, being a resubdivision of part of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, recorded as Document No. 701006, in Lake County, Illinois. PIN 15-33-301-077 6 EXHIBIT B Petitioner and Owner Acceptance and Agreement concerning amendment of planned unit development (PUD) 245 McHenry Road Lot 1 of the Seigle's Resubdivision GW Property Group, LLC acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2014 —_ pertaining to amendment of the planned unit development (PUD) and variation of the Village Sign Code for the Property, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitation of said Ordinance. GW Property Group, LLC an Illinois corporation By: Name (print): Title: The undersigned Owner acknowledges that it has read and understands all of the terms and conditions of said Buffalo Grove Ordinance No. 2014— Owner: Seigle Investments LLC By: Name (print): Title: HSI RIPS C UP! 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I''y,<�II � � ,i oo uwl.p ;'I uuuuu v �! a a ^ CL III o �Y 00 I �I ! Y i � h r I' `i DRAFT PUBLIC HEARING BUFFALO GROVE PLANNING &ZONING COMMISSION November 5, 2014 GW Property Group,245 McHenry Road Amendment of PUD concerning allowed uses in the B-2 District and variation of the Village Sign Code for an off-premise directional sign Chairman Smith called the hearing to order at 8:15 pm in the Village Council chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Smith read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the Procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Smith Mr. Cesario Mr. Cohn Mr. Goldspiel Ms.Johnson Mr. Khan Mr. Weinstein Commissioners absent; Mr. Lesser Mr. Shapiro Also present: Mr. Mitch Goltz, GW Property Group Mr. Les Ottenheimer, Village Trustee Mr.William Raysa,Village Attorney Mr. Brian Sheehan, Village Building Commissioner Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Memo from Mr. Pfeil to the Planning/Zoning Commissioner dated October 31, 2014 Mr. Goltz noted that the petition is requesting two off premise signs and they have since decided they want to propose only one. Mr. Goltz stated they are the contract purchaser for the current Wendy's property on McHenry Road and they are purchasing the property from Harry Seigle who was the one who originated the PUD in 1988. He has since sold off the other parcels which have since been transferred several times. The Wendy's is the last part of the PUD that his family owns and they are scheduled to close on this property next month. In reviewing the PUD documents and subsequent amendments they noticed this property is only zoned for a fast food restaurant with a drive through. It was part of the original PUD as this and Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 1 of 5 the subsequent amendments never really said anything about this parcel. Wendy's gave notice to Mr. Seigle that they will be closing the store at the end of this year. He stated they have entered into a new contract with Mr. Seigle to purchase the property and plan on renovating the building and renting out to another retail tenant or restaurant. They retained Mid-America Real Estate to broker on their behalf and have marketed across the board and have reached the conclusion that the existing property is much larger than the smaller restaurants out there today and it is too small for a full service restaurant. They have come up with a plan to divide up the building into two spaces for two tenants. Dunkin Donuts which has a location to the north has expressed interest and they are moving forward with them as well as Core Power Yoga for the back portion of the building which will consist of the new building and a portion of the existing building. Mr. Goltz stated they are requesting an amendment to the PUD to allow uses for more than what is existing today. He further noted that within the original PUD there is an easement agreement in place which had granted the owner of the property which at that point was Seigle the ability to propose and construct an off premise sign which would be constructed at the corner of Bank Lane and McHenry Road that would be a directional sign in nature. That sign was taken down many years ago but in talking to the two prospective tenants as well as other interested parties having directional signage particularly for patrons coming from the north was very important to let cars know to turn left onto Bank Lane to go around First American Bank. Therefore, as part of tis proposal they have put together a non-illuminated sign 3 feet by 4 feet and fits within the confines of the maximum allowable would be as a strictly directional signage for the two tenants. Mr. Goltz reviewed the site noting it is 4.27 acres which includes a portion of the drive entering the property and it includes all the parking behind and next to the building. The proposed directional sign would show the entrance to Dunkin Donuts and Core Power. At one point they had proposed a second directional sign but at this point they are not proposing such a second sign. Mr. Goltz noted they would only be losing a couple of parking spaces with the new addition. They would create a more natural flow of parking in front of the building. Commissioner Cohn asked about the letter from Mr. Schimmel of the Park District and asked the petitioner to address those concerns. Mr. Goltz stated they had been under the impression that they had reciprocal easement for the parking on the lot south of their parcel. He stated they are looking to get this project approved with the parking they have on site. Mr. Schimmel had a concern with their patrons parking in their parcel but Mr. Goltz noted he has a greater concern about their patrons parking in this parcel. He noted that on his way to the meeting they had stopped at the site and noted about 15 to 20 cars on this site that were patrons of the Park District. He stated they have relatively low impact users. Dunkin Donuts with the drive through will not use much parking and Core Power has peak hours in the morning and will not use much parking. It is a natural gravitation for people to park closest to the building. The configuration of the parcel as it currently stands would lead some people to park behind the Wendy's and walk right into the Park District. He stated they want to be good neighbors as does the Park District and they have capacity for 400 people and they have a lot less parking than that. He does not believe they will really be using that parking. He stated they hoped to self monitor together with the Park District so that everyone has ample and accessible parking. Commissioner Cesario asked if there are actually 39 spaces between these two properties. Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 2 of 5 Mr. Goltz stated they have 39 spaces on their property not including any extra parking. Mr. Goltz further stated if the Dunkin Donuts was a non-drive through it would be different because everyone would have to park and come in. The drive through will help alleviate the parking need for Dunkin Donuts. Core Power has a couple of employees and both tenants are comfortable with the parking they would have and they do not expect it to be an issue. Commissioner Cesario asked what the intention was to alert traffic from the south to get into the site. Mr. Goltz stated the visibility from the south has good visibility on McHenry Road. The biggest concern is really for directional purposes only. Both tenants would have signage on the building but the main concern is people coming from the north particularly for a tenant like Dunkin Donuts which needs the morning traffic which is coming from the north. Commissioner Cesario asked how people would be able to get in cleanly. Mr. Goltz reiterated the proposed directional signage. Commissioner Cesario stated he can see either or both tenants saying it would be nice to have a sign before that first cut and little further south because that way someone could see it and turn right into where they are, so essentially into the Park District building. Mr. Goltz noted they are not talking about doing something like that. He stated he had discussed that issue with the Park District and why they had at one point discussed proposing a second directional sign that would be on Bank Lane to direct cars to turn right. Because of ongoing planning for use of that land for parking it was somewhat premature to propose that. However, down the road they may want to tackle that together with the Park District because they would have the same concerns. At this point they are proposing only one sign but he cannot promise that down the road they may come back for a second sign. Commissioner Goldspiel asked how many people would be using the yoga facility at one time. Mr. Goltz stated their space would be about 4,200 square feet and a good chunk of that is back of house bathrooms, locker rooms, retail store and two studios. They would probably have no more than 16 people at one time. Commissioner Goldspiel asked if there was any ordinance that applies to the parking for such a facility. Mr. Pfeil said yoga is not specifically cited in the parking standards.The use is similar to dance schools in terms of parking demand. The parking standard for a dance school is 1 space per 3 students based on design capacity. If the 4,300 square foot area is calculated using the parking standard of 1 space for 250 square feet of floor area,the parking provided would be acceptable. Commissioner Goldspiel asked if it appears that there are adequate parking spaces. Mr. Pfeil asked the petitioner if he could explain further about the typical maximum demand that may be at the yoga studio. Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 3 of 5 Mr. Goltz estimated that there would be 16 to 20 people at most. Obviously it would behoove a tenant who is spending for infrastructure and money in a location to have the proper spaces necessary. Commissioner Goldspiel asked about the hours of operation for the yoga facility. Mr. Goltz stated he thinks they are open at 6 of 7:00 am and the hours vary during the week but they are probably open to about 8 pm. They adjust their hours according to demand. He is not sure of the Dunkin Donut hours. Commissioner Goldspiel asked if the sign for traffic heading southbound on Rt 83 be sufficiently visible for people to see and react or is it better placed on the opposite side of Bank Lane. Mr. Goltz stated it might be more visible across Bank Lane but that would be on the bank property. The proposed sign and location of the sign was strictly proposed because that was due to the easement from 1988. Whether that is the ideal location is not known but it certainly does help to be before the turn. Commissioner Goldspiel noted that in the materials on the sign there was something that suggested that the area that the area the sign would be on is now part of the roadway. Mr. Pfeil noted Mr. Goltz's surveyor indicates it is within dedicated right of way of IL Route 83. Mr. Goltz noted it is the right of way, not the roadway and is on the grass area between the street and the sidewalk. Commissioner Goldspiel asked if there is any issue about placing something like that in the right of way. Mr. Pfeil commented that Mr. Goltz may have to address this with the Illinois Department of Transportation (IDOT). Mr. Goltz stated after they get through with the Village they will go through IDOT. Commissioner Weinstein asked if any special changes need to be made for to what has already been approved as Wendy's was a fast food restaurant. Mr. Pfeil noted that a special use is required for a drive-through facility. If the Wendy's use ceases, the new business would have to obtain a special use for its drive-through. He suggested that the Commission address the drive-through for the new tenant as part of the PUD amendment. Mr. Goltz noted that when this PUD was granted in 1988 it was a very different landscape within the restaurant industry and the word fast food is one that is interpreted differently. He noted their purpose for now and moving forward if Dunkin Donuts closes they want to know they have the ability to put someone else in there that would make it. Most of the zoning around here is B-2 zoning. Commissioner Weinstein noted he does not see the yoga as a permitted use but he does see in the B-1 District something called physical culture and health services which specifies gymnasiums, pools, reducing salons, masseurs and public baths. Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 4 of 5 Mr. Sheehan stated that historically staff have included yoga in those types of physical fitness type of activities in that group even though the names may have changed over the years but the context is there. Commissioner Weinstein asked if any changes would be necessary for yoga use. Mr. Sheehan stated no. There being no further comments or questions from anyone else present, Chairman Smith closed the public hearing at 8:40 pm. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Chair Buffalo Grove Planning&Zoning Commission—Public Hearing—November 5, 2014 Page 5 of 5 Chairman Smith called for a vote on the motion to amend and the vote was as follows: AYES: Goldspiel NAYS: Cesario, Cohn, Khan,Johnson, Weinstein, Smith ABSENT: Lesser, Shapiro ABSTAIN: None The motion failed 6 to 1. Chairman Smith called for a vote on the original motion and the vote was as follows: AYES: Cesario, Cohn, Goldspiel, Khan,Johnson,Weinstein, Smith NAYS: None ABSENT; Lesser, Shapiro ABSTAIN: None The motion passed 7 to 0. GW PROPERTY GROUP, 245 MCHENRY ROAD — AMENDMENT OF PLANNED UNIT DEVELOPMENT CONCERNING ALLOWED USES IN THE B-2 DISTRICT AND VARIATION OF SECTION 14.20.100 OF THE VILLAGE SIGN CODE FOR AN OFF-PREMISES DIRECTIONAL SIGN Moved by Commissioner Weinstein, seconded by Commissioner Cohn to recommend approval to the Village Board for the variation of the Village Sign Code to allow one off-premise sign for the property at 245 McHenry Road and to amend the PUD approved by Village Ordinance 88-110 pertaining to allowed uses on the property to allow a special use for a drive through facility on the property. Commissioner Cesario stated generally if people look at the pictures of the corner where the off premise sign would be you do not want a commercial sign in a non-commercial space. However, this is a difficult property to get into and he does appreciate the value of a directional sign in that location; one that is limited in size and would help direct a potential customer into the premises as opposed to going into the area south of there and he will support the motion. Commissioner Weinstein stated he is also supporting the motion because the sign was previously there in the same location and that easement exists for the exact same purpose. The only real change that has occurred is that there is a subdivision now there that was not there at the time. Given the circumstances you do need to see the sign or you will go past the facility. Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Cesario, Cohn, Goldspiel,Johnson, Khan, Weinstein, Smith NAYS: None ABSENT: Lesser, Shapiro ABSTAIN: None The motion passed 7 to 0. CHAIRMAN'S REPORT—None Buffalo Grove Planning&Zoning Commission—Regular Meeting—November 5, 2014 Page 4 of 5 Resolution No. 2014-32: Resolution Opposing Senate Bill 16 11-G .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends discussion. Overview A resolution is attached opposing Senate Bill 16, also known as the School Funding Reform Act of 2014. The bill, if passed into law,would reduce state shared revenues to school districts covering the Village of Buffalo Grove by more than $22 million annually. The resolution urges legislators to seek an alternative school funding solution. Attachments Resolution Opposing SB 16.pdf Trustee Liaison Staff Contact President Braiman Dane C Bragg, M.o�n.d�aY>............December ...1........> 2014� . .� ....................................................................................................Ord n�a�nc�es...a�n�d...R�es�o�lut.o�n�s..._...Ite.m....�....1..1 G............................................................ RESOLUTION NO. 2014 - A RESOLUTION OPPOSING SENATE BILL 16 WHEREAS,the Village of Buffalo Grove enjoys excellent K-12 educational programs for its residents provided by six public school districts; and WHEREAS,the Village of Buffalo Grove has a vested interest in maintaining the excellent school systems in place to the benefit of its residents; and WHERAS, Senator Andy Manar introduced Senate Floor Amendment No. 1 to the School Funding Reform Act of 2014(commonly known as Senate Bill 16, or SB 16) on April 1, 2014; WHEREAS, on May 27, 2014 the Illinois Senate passed SB 16 with legislators casting 32 yea, 19 nay and 6 present votes; and WHEREAS, Senator Terry Link voted yea and Senator Julie Morrison voted nay on SB 16; and WHEREAS, SB 16 will reduce the funding apportionment provided to School Districts 21, 96, 102, 103, 125 and 214 in the aggregate amount of$22.5 million annually; and WHEREAS,the reduction in funds proposed would have a significant negative impact upon the resources available to educate children living within these districts and the Village of Buffalo Grove; and WHEREAS, a significant reduction in the state funding formula would necessitate additional property tax resources to provide the same level of education. NOW,THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES: SECTION ONE:The Corporate Authorities of the Village of Buffalo Grove express their opposition to SB 16 as proposed. SECTION TWO:The Corporate Authorities urge state legislators to work together for a comprehensive education reform package that does not compromise the value of education provided to K-12 students in the Village of Buffalo Grove. AYES: NAYS: PASSED: November 3, 2014 APPROVED: November 3, 2014 Village President ATTEST: Village Clerk Award of Bid: to Expedia Construction Corp for the Wall 13-A Panel and Skylight Project .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $61,500 170.55.35.560.60 Budgeted in CIP Overview This project was previously bid as part of a larger scope of work with unfavorable results for this portion of the project,having receiving only two bids in the amounts of$151,276 and $70,800. This project involves the removal and replacement of an existing removable wall panel system and removable acrylic barrel vault dome skylight structure in the well pump room at the Pump Station No. 6 site. After a careful review of all of submitted bid documents and provided references, staff recommends awarding the bid for the Wall Panel and Skylight Replacement project at Pump Station No. 6 to Expedia Construction Corp.,the lowest responsive and responsible bidder, at a price not to exceed $61,500. Attachments Wall and Skylight BIDTAB.pdf Trustee Liaison Staff Contact Trustee Stein Brett Robinson, M.o�n.d�aY>............December ...1........> 2014� . .� ....................................................................................................New ...Business ..._...Item ....�....13.A................................................................................................................................... 0 0 «n 0 0 «n 0 0 «n 0 0 0 0 0 0 � w E w 4 w } } } Z 0 0 o C O o N N S � � u U 2 Z� U m � m N N - c N N N O w } } } Z cn O ti'F O ti'F O ti'F � wr � � t U w _ m � W 0 0 o C rn m of of 2 3 � = o U t � 0 0 o C 0 0 0 0 rn m ro EA W 2 � U t/l N N in -o - � N N N>N � m G p m a m U m � O E LL. H m m U7 U7 Authorization to Purchase Powered Cots and Loading 13-B Systems .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $92,994 11.555.30 See attached explanation for funding Overview Staff solicited proposals for powered ambulance cots and received two proposals. Due to the highly specialized nature of the product the low number of proposals received was anticipated. Staff reviewed both proposals, interviewed other Fire Departments, and had on-site demonstrations from both vendors. The Stryker Cot System was proposed at $185,987.52 for four cots including an optional seven year extended warranty on both the cot and the loading system. The Stryker cot system performed well in demonstrations and is used by 90 percent of mutual aid communities in the Buffalo Grove area. This high usage in the immediate area is beneficial in responding to mutual aid calls, as a large number of respondent communities are already trained in the use of this device. The Ferno Integrated Patient Transport and Loading system was proposed at $127,701.40 for four cots. This system has a very innovative design and also performed well in demonstrations.No communities in the area use this system, calls to other departments revealed that a small number of the systems are in use nationwide. It was later discovered that the proposed cots system is not yet in production.While the price point and unique design of the Ferno cot system make it very attractive, staff does not recommend the purchase of units that have not yet been produced and as such do not have any history of performance for comparison. The funding for the cots will be provided from three different sources. One cot system has been approved through the Foreign Fire Tax Board and two cot systems would be purchased using capital reserve funds. The Village has applied for a new grant through IRMA to fund the final cot system. The grant will not be awarded until after the submission deadline of July 25, 2015. The grant money, if awarded, would be returned to the capital fund. Staff recommends the Village purchase the Stryker cots and loading systems and optional warranty package at a price not to exceed $185,987.52 Attachments Memo Power Cot.pdf Trustee Liaison Staff Contact Trustee Trilling Terry Vavra, M.on.daY>............December ...1........> 2014. . ....................................................................................................New ...Business ...._...Item ........1.3.B................................................................................................................................... MEMO To: Dane C. Bragg, Village Manager From: Terrence M. Vavra, Fire Chief Subject: Power lift cot systems funding Date: November 25, 2014 Based on the RFP's and demonstrations of both systems, and additional research we did, I am recommending the purchase of the Stryker systems. The comparison of the RFP's is contained in the bid tabulation. The funding for these cots will come from three sources. One cot and lifting system has been approved up to $ 50,000 from the Foreign Fire Tax Board. A grant program from IRMA was started this year, based on the urging of the Fire Department, to fund a third of the purchase per unit to a maximum of $15,000 per unit. In our case that would be $45,000. Each unit complete cost is $ 48,496.88. The remaining not funded by an outside source is $ 92,490.64. This amount can be funded through one of two options. We can pay for it directly through capital replacement. In this case we would need to pay the amount for the IRMA grant and replace the capital fund when the grant is awarded. The second option is to roll the amount into a loan that would include the larger capital replacements of an engine and a truck in 2015. The monies from both IRMA and the Foreign Fire Tax can be used to pay off a portion of the loan as those monies come in. We have the capital reserve in place and have an additional $14,000 that we set aside for the purchase of at least one cot that can further reduce the fiscal impact. I will continue to work with Scott Anderson to choose the best funding mechanism. If there are any questions please let me know. (I (fa111'ra"llai1111"f�rj,l���ll��'r�U� i�r�� �I� �,�G;� �,�11,1�� IOC,�I Ju�N� �,`��,rif,1�, � „ Pr r""'d FIRE SERVICE EQUIPMENT GRANT PROGRAM SUBMITTAL FORA FOR CALENDARYEAR 2016 The Fire Service continues to experience significant workers' compensation injuries relating to patient handling as evidenced by the IRMA claim reports. To reduce this trend, IRMA offers an Equipment Grant Program that includes financial support for member departments and districts. Members planning to request partial reimbursement for the purchase of a stair chair, power cot and/or loadingsystem during 2014-2016 must complete and submit this Y g � P application to IRMA no later than July 25, 2015. IRMA will reimburse the member, upon verification that the equipment was purchased, a sum of 113 of the total fee paid for one piece of equipment, up to a maximum of$I S,000. The grant requires the member to pay 2/3 (prefer 113 by the municipality/district and 1/3 paid by a fire grant i.e. Foreign Fire Fund). Please complete the following information in order to be eligible for the grant funding. Your application will be evaluated by a Fire Review Board and if approved, your request will be budgeted subject to final approval by the IRMA Board in December. Member Name: V1 G `te _O �Vf t_0 6t R,0\15 (RE Contact Person: c-I I le�f _Tef- � 1I,'\V M E-mail Address: -TVAYS8 CZ,Vl�?&, CT' Phone: f� 7 --77-7— &16C Number of ambulances: Number of EMS calls per year(past 3 years): 20+1- 31si `z- 7� -L�7f Name and Model of Equipment to Purchase: Purchase Price of Equipment: , 40.)(0• (4)) Will purchase extended warranty: 09 Yes ❑ No riOL4K COT-6Y4-;v� Wj W a •r--ts . I LkO lr fVi ek& �, TH C—: 'R�A( hs10& THlzt� N�-fkTP<L- , Should you have any questions about the application, please contact Jackie Streid at the IRMA office (708.236.6339) for assistance. 7 .,w 0 0 «n 0 0 «n 0 0 «n 0 0 «n w o 0 0 U N Q 9 N N 3 0 a 0 0 «n o co 0 o co a n M N <ND 10 O 00i W O 7 N W N � Q o m U 2 � W 2 o C Q N N N rn m o Z } } } coo � o o v 0 0 0 0 W N H3 O O N 7 O r M N N P N H3 EA N f9 fR S a� 3 z } z z a y y S U � O N m G G G 3 NG >N >N I- LL H R' m U U Settable Load Height with Jog Function A Stryker exclusive.Adjusts to fit your ambulance. Pneumatically Assisted Backrest Shock, Flat Leg,or Optional Fold-Down Side Rails A Stryker innovation. Knee Gatch Positioning A Stryker Innovation. Significantly reduces Knee gatch provides patient comfort Side rails are designed to operator effort and and greater lift clearance, provide patients with a increases patient comfort. Bolster Mattress greater sense of security. The Stryker-preferred sealed bolster mattress provides Patients a greater sense of security during transport. f. Retractable Head Section Provides 360- height n any „ degree m 1 a r 4 W7 position. /i Patented X-frame F Hydraulic Lift System � Proven reliability. Lift Capable Safety Bar Battery-powered hydraulic Will NOT"hot drop." Assures handling confidence. lift system with manual Reduces lift height for back-up for operator confidence. X-frame Guards smaller operators. Protect X-frame from Head-and Foot-end ambulance bumper Lift and Grip Section r� contact Unmatched ergonomics. Lifting handles optimized to 30 degrees,the angle preferred by most operators. Grips have a textured, durable, Q nonslip surface for maximum operator control. Oversized Wheels Requires less force to roll, Foot End Controls improving maneuverability Controls are duplicated on over rough terrain. both upper and lower lift bars to accommodate operators of all sizes. 7001 b e- eee e - . �.�. ee ............ capacity �Illii The retractable head section with safety bar has conveniently located release handles that retract the head section into the cot.The safety bar release is designed to keep hands tl� away from the cot mechanism for safety. Retractable Head Section Provides 360-degree mobility in � �" any height position. YF t Power-PRO XT Specifications stryker° Number 6 Model N....ub 650 .. .....—----- __. — ......._..... �. _. u Height'(infinite height positioning between lowest and highest position) Highest Position 41.5 in(105 cm) Joint Replacements Lowest Position _..... ... 14.in .... ------_...._ is In(36 cm) Length Trauma Extremities A Deformities ..............._ _��.... .. .� .... ..... .... �.. —.. ..____ ��. ......v Standard 81 in(206 cm) ' .......... Minimum .... 63...._..._ ------_........ ....� in(160 cm) Width 23 in(58 cm). Craniomaxillofacial Weight' 125 lb(57 kg) ... ... Wheels Spine Diameter 6 in(15 cm) - Width 2 m 5(_cm) _ Biologics Articulation ------ Backrest 0 73° ... ....... .—....r.- __..._,,,.. .__...__._. ..,, Surgical Products Shock Position +15' Op _. ._. tional Knee Gatch 30 _�. ... . __......._.............. m...... ...mm........ m. ..... .... __ .... Neu _..... ... �.�._..�__ ............ ro&ENT Maximum Weight Capacity' 700 lb(318 kg) __. _.... .... ...----- Minimum Operators Required _ _.... ............... ....._............. _ ..... .............. ........ .. ............ ........._...°° Interventional Spine Occupied Cot 2 ....... .. ... . _ ........._.._ _ .... _.N_ Unoccupied Cot 1 _____._. ....... ... Recommended Fastener System Navigation _ ......... ._........... Power-LOAD Model 6390 Floor Mount Model 6370 or 6377 Endoscopy. ..... Wall Mount Model 6371 ~^ Recommended L .........— _._ ........ . ---- -- ......... _ .. �..... .......... ...,w. Loading Height' Up to 36 in(91 cm) Communications 'Height measured from bottom of mattress,at seat section,to ground level. ---• -- ---- •----• ... -- Cot is weighed with one battery pack,without mattress and restraints, Imaging '700 Ib weight capacity with an unassisted lift capacity of 500 Ib, Can accommodate load decks u to 36 in.Load height can be set between 26 in and 36 in.. Patient Care&Han Equipment e,-_. ...... ........... .. ..._.. p Handling Equipment 'Meets dynamic crash test standards for the Power-PRO XT and Performance-PRO XT. EMS...... _ ....... ................. _w Equipment Stryker reserves the right to change specifications without notice„ In-service video included with each order. - The Power-PRO XT is designed to conform to Federal Specification for the Star-of-Life Ambulance KKK-A-1822 The Power-PRO XT is designed to be compatible with competitive cot fastener systems.. Patents pending, 3800 E.Centre Ave. Portage,MI 49002 U.S.A. t:269 389 2100 f:269 329 2315 toll free:800 784 4336 voYwxw fYW.,,Arylker.corrl .... Power-LOAD Compatibility option currently not available,specifications subject to change. Pending 510(K) J clearance,not available for sale. 9 The device has not been authorized as required by the rules of the Federal Communications Commission. The device is not,and may not be,offered for sale or lease,or sold or leased,until authorization is obtained. The information presented in this brochure is intended to demonstrate a Stryker product.Always refer to the package i insert,product label and/or user instructions before using any Stryker product.Products may not be available in all i markets.Product availability is subject to the regulatory or medical practices that govern individual markets.Please contact your Stryker Account Manager if you have questions about the availability of Stryker products in your area. Products referenced with"designation are trademarks of Stryker. Products referenced with designationareregisteredtra4emarjsof Stryker.,,,..,,,,,, The yellow and black color scheme is a proprietary trademark of the Stryker Corporation. Mkt Lit 112-06162005 Rev G FSC DDM/RRP 0811 MIX Copyright©2011 Stryker Pa rases°:nia om,�,� Printed in U.S.A. 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Overview In accordance with Section 2.02.080 of the Municipal Code, Trustees Stein and Sussman have requested that an item be placed on the agenda for consideration of an advisory referendum question at the April 7, 2015 consolidated election concerning the proposed downtown project. 10 ILCS 5/28-5 provides for certification by local election officials of advisory public questions to be submitted to referendum which have been initiated by a)petitions or b) action of the governing board of the political subdivision,no later than 68 days prior to the election date, as permitted by Article 28, calculated to be January 29, 2015. The requested question is as follows: "Shall the Village of Buffalo Grove continue its efforts to pursue the redevelopment of the Buffalo Grove Golf Course and Municipal Campus into a downtown?" If a majority of the Village Board desires to proceed with the question,the Village Attorney will draft an ordinance for Board consideration. Attachments 12-01-15 Request for Referendum Question.pdf Trustee Liaison Staff Contact Trustee Stein Jeff Braiman,Office of Village Manager M.on.daY>............December ...1........> 2014. . ....................................................................................................New ...Business ..._...Item ........1.3.C................................................................................................................................... Dane C. Bragg From: Andrew Stein Sent: Monday, November 24, 2014 9:00 AM To: Dane C. Bragg;Jennifer I. Maltas Cc: Jeff Braiman; Beverly Sussman;Andrew Stein Subject: FW: Request for ballot referendum question for April, 201S Dane and Jenny: I am requesting that the request from Buffalo Grove resident Rob Sherman be placed as an item of "New Business", on the December 1, 2014 Village Board Agenda. I am requesting that the Village Board is asked to consider placing the following advisory referendum question on the April 2015 ballot in both Cook and Lake Counties: "Shall the Village of Buffalo Grove continue its efforts to pursue the redevelopment of the Buffalo Grove Golf Course and Municipal Campus into a downtown?" In accordance with the Rules, attached to this e-mail is a "second"to this request by Trustee Beverly Sussman. I am also submitting this item prior to the 12:00 Noon deadline on November 24, 2014 as you stated was the requirement to make it onto the December 1 Agenda. Thank you for your attention to this matter. Andrew Stein Buffalo Grove Village Trustee. From: Beverly Sussman Sent: Sunday, November 23, 2014 3:10 PM To:Andrew Stein Subject: Re: Request for ballot referendum question for April, 2015 1 second the motion. Sent From Apple I-Phone Beverly Sussman On Nov 21, 2014, at 9:08 AM, Andrew Stein < rR> wrote: I am forwarding this e-mail that I received from Buffalo Grove Resident, Rob Sherman to each of you, one at a time. For some reason, I cannot use the Bcc function. If anyone is in support of placing his request on the December 1, 2014 Agenda, for the purpose of discussion, please e- mail me back. If I do not hear back, I will report to Mr. Sherman that there was not support for the request. i Thank you, Andy Stein This information is given to inform recipients that the entire Village Board is receiving this email to remind members not to have electronic discussions among themselves, and to prevent the use of"reply to all" thereby avoiding the potential for an inadvertent violation of the Open Meetings Act. From: Rob Sherman <rob@robsherman.com> Sent:Thursday, November 20, 2014 10:18 AM To:Andrew Stein Subject: Request for ballot referendum question for April, 2015 1 request that you and one other Trustee place an item on the December 1st agenda in which the Village Board is asked to consider placing the following advisory referendum question on the April ballot: Shall the Village of Buffalo Grove continue its efforts to pursue the redevelopment of the Buffalo Grove Golf Course and Municipal Campus into a downtown? This is a perfect use of an advisory referendum because there is considerable disagreement as to whether residents generally support or oppose the concept of redevelopment, without taking a position on whether any particular redevelopment proposal should be approved. Thank you for your consideration of this matter. Best regards as always, Rob Sherman 2 VILLAGE OF BUFFALO GROVE WARRANT#1239 1-Dec-14 General Fund: 729,622.51 Illinois Municipal Retirement Fund: Parking Lot Fund: 180.36 Motor Fuel Tax Fund: 378,427.36 Debt Service Fund: 945,756.25 School & Park Donations Capital Projects-Facilities: 421,976.61 Capital Projects-Streets: 53,235.07 Health Insurance Fund: Facilities Development Debt Service Fund: Retiree Health Savings (RHS): 14,118.14 Water Fund: 1,673,112.33 Buffalo Grove Golf Fund: 21,131.37 Arboretum Golf Fund: 26,884.99 Refuse Service Fund: 76,219.80 4,340,664.79 PAYROLL PERIOD ENDING 11/06/14 854,894.29 PAYROLL PERIOD ENDING 11/20/14 1,043,279.08 1,898,173.37 TOTAL WARRANT#1239 6,238,838.16 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President ~ �h��� ������ ����� �_�� ���� Register � � ��� � ������ ������^ ��������� � �� � ���� � � �� == � � ����� � � �� ���� ������� ������ �v�� ��v�� �"� ��� v���� �"� � ���� ~ ° ° ° ������ ���������� � � ����� � � �� ��N� ���� ����v���0� ���� � ����� ���� �� � ° ° Pay Batch zz/on/z*Tma| Employees m Pay Batch zas *ours oasc,ipuon *ours Gross vvithho|dingsand oaducdons Gross Base uz nsspT neou|a,Fun'T|me 6'*32.00 z*s'ouoay Gross 785'2**.29 uznsspT Regular Part-Time 1'765.50 28'735.77 Federal yo'zys.az 676'321.85 03 nssss*SomAL Regular Seasonal 563.50 s'oszas Social Security 18'27*.85 29*'75*.17 u*nssSWORN Regular Sworn 8'73*.75 392'206a1 Medicare zz'usy.zz 762'698.90 usovsnTIMs Overtime 30*.50 za'y7o.*yIL State Tax 31'591.35 6**'357.19 ua DOUBLE TIME Double Time WI State Tax 1'9*7a0 31'96*.66 u7nsTnoPAID netmpam *mac 266.89 uonsTnoswPAID netm Sworn Paid *mac Pre Tax o*z.zu uyLomssmTY u,noewtv osHsschoo|Fund *3u0 zusLscTso Elected Officials Bright Directions 130u0 zuucoMp sx PAY Exempt Comp Time Paid chnu support Arrears 138.** zuz COMP sxEARN Exempt Comp Time Child Support IL 5'5*5a7 Earned zu3 COMP msPAID Paid Non-Exempt Comp 16.00 **a.zu Child Support wI 969.23 Time zu*COMP msEARN Earned Non-Exempt Community Health Charities 79.00 Comp Time zus COMP msLOST Non-Exempt Comp Time Computer Loan *26.57 Lost zua COMP swPAID Sworn Comp Time Paid Computer Loan z 70.73 zuycoMp ms p*x Non-Exempt Comp Time Payout zzu COMP swPAY Comp Sworn Payout zzz FLOAT swpo Floating Sworn Paid 16.00 627.12 Dependent Care 720u1 zzsooLcMpEARN Double Time Comp Time Fire Dues 1'700u0 zz FIRE oT Fire Overtime 2*'799.29 Fire Pension 17'333.98 183'330.80 zzu PARK STIPEND Park District Stipend Fire Pension Tier z'azzay 27'633.0* zzz CAR ALLOW Car Allowance zsuuu Fire Pension Supplement percent 8*.97 8'*97.05 zzzIms nsIMouns Insurance 611.*7 Flexible Spending Account 3'719.61 Reimbursement zz3 GOLF STIPEND Management Stipend FpAcoues zzsuu zz*vsI vsI FOP Police zzacLoTHIms Clothing Reimbursement 409.20 Garnishment 75.00 zzyMAmsSTIPEND Management Stipend General Fund 235u0 130mIPAs mIPAS 13oomus Bonus Pay Health HMO aazys 13 poucsoT Police Stipend Pay Health pPoA s'sso.oz zu ACT cr Acting Lieutenant 287.00 suz.zs Health pPoo 12,294.*0 zz ACT sc Acting Shift Commander z**.uu 295.20 IcM/Vnc Flat Amount 12'6*7a7 zz CORP FIELD Corporal Field Supervisor IcM/Vnc Flat Amount 5'503.83 z3 CORP WATCH Corporal Watch IcM/Vnc Percent 6'533.78 109'958.37 Commander z*FTo Field Training Officer 63.25 126.50 zs NIGHT SHIFT Night Shift 862.00 5*3.09 IcM/Vnc Percent 357.06 3'570.56 zassTWATCH Sergeant Watch Commander IcM/Vnc Flat Amount 3 3u PARK DISTRICT Police Park District IMnF 12'370.52 27*'900.2* 31cPn CPR 179.10 IMnFufe Insurance su VAC PAID Vacation Paid 507.25 21'257u1 sz VAC EARNED Vacation Earned IMnF TIER z 871y6 19'377.01 s3 VAC PAYOUT Vacation Payout IMnFvo|untary zuuuu s*VAC swPAID Vacation Sworn Paid *33.25 zy'7yy.zoIMnF Voluntary n, 223.*3 2'23*.30 Run»v Katie sm»»eono/zs/zuz3 10:00:17AM Page zorz Pay Day Register 'IF Pay Batch 11/06/ 14 55 VAC SW EARNED-Vacation Sworn Earned IRS Garnishment 200.00 57 VAC SW PAYOUT-Vacation Sworn Payout Optional Life Self 559.43 58 VAC PT PAID-Vacation Part Time Paid 4.00 107.34 Police Dues 759.05 - 59 VAC PT EARNED-Vacation Part Time - - Earned 62 VAC SW PAY FD-Vacation Sworn Payout - 12,780.00 Police Pension 20,649.33 208,369.24 Fire 70 SICK PAID-Sick Paid 208.75 7,478.61 71 SICK EARNED-Sick Earned - - Police Pension-Tier 2 1,789.95 18,062.00 74 SICK SW PAID-Sick Sworn Paid 96.00 4,263.95 PPOA TAX 28.78 - 75 SICK SW EARN-Sick Sworn Earned - -RHS 2,354.80 90 FLOAT PAID-Floating Paid 30.00 1,166.57 ROTH IRA 1,852.00 - 91 FLOAT EARNED-Floating Earned - -ROTH IRA Percent 71.41 3,570.56 93 FLOAT PT PAID-Floating Part Time Paid Spousal Support Maintenace 328.15 - 96 HOL PAID-Holiday Paid Trustmark Voluntary Benefit 829.99 97 HOL POL PAID-Holiday Police Sworn Paid 98 HOL PT PAID-Holiday Part Time Paid 99 HOL FIRE PAID-Holiday Fire Sworn Paid Total 20,467.75 $ 785,244.29 Net $ 502,310.44 Total Payroll Expense $ 854,894.29 Benefits Amount Basic Life Insurance 62.49 Dental 17,490.23 Fire Pension 82,914.15 Health HMO 4,443.35 Health PPO A 37,199.82 Health PPO B 82,277.62 Illinois Municipal Fund 40,316.04 Police Pension 79,923.86 Total 344,627.56 Gross Payroll 854,894.29 Water/Sewer Transfer (40,739.67) Buffalo Grove Golf Transfer (28,293.15) Arboretum Golf Transfer (24,063.58) 761,797.89 Transfers Payroll Account Transfer 502,310.44 ROTH IRA 1,923.41 Illinois State Tax 31,591.35 941 Federal Tax 156,963.54 ICMA Deferred Compensation 25,042.34 RHS-Fire 2,354.80 Flex/Dep Savings 4,439.62 MAP Dues 759.05 Trustmark Voluntary Benefit 829.99 Police Pension 22,439.28 Fire Pension 20,031.64 768,685.46 Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 2 of 2 Pay Day Register Pay Batch 11/20/ 14 Pay Batch 11/20/14 TotaV Employees in Pay Batch 265 Hours Descrupbon Hours Gross Wthhokfings and Deducdons Gross Base O1 REG FT-Regular Full-Time 6,432.00 246,242.05 Gross 969,053.23 - 02 REG PT-Regular Part-Time 1,722.25 27,952.56 Federal 140,164.59 837,528.66 03 REG SEASONAL-Regular Seasonal 253.00 2,788.24 Social Security 18,697.20 301,568.07 04 REG SWORN-Regular Sworn 8,923.50 401,352.62 Medicare 13,627.11 939,805.43 05 OVERTIME-Overtime 434.00 23,912.34 IL State Tax 39,524.68 803,668.63 06 DOUBLE TIME-Double Time - - WI State Tax 2,055.04 33,860.03 07 RETRO PAID-Retro Paid -Aflac 266.89 - 08 RETRO SW PAID-Retro Sworn Paid 174,176.38 Aflac Pre Tax 841.20 09 LONGEVITY-Longevity 5,200.00 BGHS School Fund 43.00 10 ELECTED-Elected Officials 3,250.00 Bright Directions 130.00 100 COMP EX PAY-Exempt Comp Time Paid - Child Support Arrears 138.46 101 COMP EX EARN-Exempt Comp Time - Child Support IL 5,545.67 Earned 103 COMP NE PAID-Paid Non-Exempt Comp 23.00 735.48 Child Support WI 969.23 Time 104 COMP NE EARN-Earned Non-Exempt 1.50 - Community Health Charities 84.00 Comp Time 105 COMP NE LOST-Non-Exempt Comp Time - Computer Loan 411.10 Lost 106 COMP SW PAID-Sworn Comp Time Paid Computer Loan 2 70.73 109 COMP NE PAY-Non-Exempt Comp Time Payout 110 COMP SW PAY-Comp Sworn Payout - 112 FLOAT SW PD-Floating Sworn Paid 9.00 401.69 Dependent Care 720.01 115 DBL CMP EARN-Double Time Comp Time - - Fire Dues 1,700.00 - 12 FIRE OT-Fire Overtime 28,800.15 Fire Pension 30,304.98 320,518.35 120 PARK STIPEND-Park District Stipend - Fire Pension-Tier 2 5,424.88 57,375.98 121 CAR ALLOW-Car Allowance 250.00 Fire Pension Supplement percent 116.04 11,603.50 122 INS REIMBURS-Insurance 2,302.23 Flexible Spending Account 3,719.61 - Reimbursement 123 GOLF STIPEND-Management Stipend - FPAC Dues 125.00 124 VSI-VSI FOP Police - 126 CLOTHING-Clothing Reimbursement Garnishment 75.00 129 MANG STIPEND-Management Stipend General Fund 235.00 130 NIPAS-NIPAS 500.00 13 BONUS-Bonus Pay - Health HMO 663.95 13 POLICE OT-Police Stipend Pay - Health PPO A 5,596.12 16 SW W/C-Sworn Workers Compensation - 4,825.31 Health PPO B 12,294.40 Paid 20 ACT LT-Acting Lieutenant 323.50 566.13 ICMA/RC-Flat Amount 12,681.91 - 21 ACT SC-Acting Shift Commander 123.50 253.18 ICMA/RC-Flat Amount 2 4,753.83 22 CORP FIELD-Corporal Field Supervisor - - ICMA/RC-Percent 8,377.83 135,078.45 23 CORP WATCH-Corporal Watch - - - - Commander 24 FTO-Field Training Officer 76.50 153.00 ICMA/RC-Percent 2 357.06 3,570.56 25 NIGHT SHIFT-Night Shift - - ICMA/RC-Flat Amount 3 - - 26 SGT WATCH-Sergeant Watch Commander IMRF 12,919.13 287,092.03 30 PARK DISTRICT-Police Park District IMRF Life Insurance 304.00 - 31 CPR-CPR - 475.61 50 VAC PAID-Vacation Paid 469.00 18,249.91 IMRF TIER 2 844.10 18,758.17 51 VAC EARNED-Vacation Earned - - IMRF Voluntary 200.00 - Run by LeConte Lewis Page 1 of 2 Pay Day Register Pay Batch 11/20/ 14 53 VAC PAYOUT-Vacation Payout 18.75 488.34 IMRF Voluntary% 372.14 6,812.69 54 VAC SW PAID-Vacation Sworn Paid 283.00 12,893.69 IRS Garnishment - - 55 VAC SW EARNED-Vacation Sworn Earned - - Optional Life Self 559.43 57 VAC SW PAYOUT-Vacation Sworn Payout Police Dues 759.05 - 58 VAC PT PAID-Vacation Part Time Paid 59 VAC PT EARNED-Vacation Part Time Police Pension 20,754.23 209,427.96 Earned 62 VAC SW PAY FD-Vacation Sworn Payout Fire 70 SICK PAID-Sick Paid 244.00 9,717.40 Police Pension-Tier 2 1,789.95 18,062.00 71 SICK EARNED-Sick Earned - - PPOA TAX 28.78 - 74 SICK SW PAID-Sick Sworn Paid 64.50 2,957.76 RHS 2,354.80 75 SICK SW EARN-Sick Sworn Earned - - ROTH IRA 2,402.00 - 90 FLOAT PAID-Floating Paid 16.00 541.32 ROTH IRA Percent 72.75 3,637.51 91 FLOAT EARNED-Floating Earned - - Spousal Support Maintenace 328.15 - 93 FLOAT PT PAID-Floating Part Time Paid 4.00 67.84 Trustmark Voluntary Benefit 829.99 96 HOL PAID-Holiday Paid - - 97 HOL POL PAID-Holiday Police Sworn Paid 98 HOL PT PAID-Holiday Part Time Paid 99 HOL FIRE PAID-Holiday Fire Sworn Paid - - Total 19,421.00 $ 969,053.23 Net $ 614,820.21 Total Payroll Expense $ 1,043,279.08 Benefits Arnoun7t Basic Life Insurance 62.50 Dental 17,534.12 Fire Pension 158,099.65 Health HMO 4,443.35 Health PPO A 37,449.42 Health PPO B 82,277.62 Illinois Municipal Fund 41,901.54 Police Pension 79,933.54 Total 421,701.74 Gross Payroll 1,043,279.08 Water/Sewer Transfer (47,046.11) Buffalo Grove Golf Transfer (25,715.72) Arboretum Golf Transfer (21,986.11) 948,531.14 Transfers Payroll Account Transfer 614,820.21 ROTH IRA 2,474.75 Illinois State Tax 39,524.68 941 Federal Tax 204,813.21 ICMA Deferred Compensation 26,170.63 RHS-Fire 2,354.80 Flex/Dep Savings 4,439.62 MAP Dues 759.05 Trustmark Voluntary Benefit 829.99 Police Pension 22,544.18 Fire Pension 35,845.90 954,577.02 Run by LeConte Lewis Page 2 of 2 = � U O 7 U O f6 £ Q N Q ` L6 O N ACV^ F 3 LO � ♦V//��J Q tl/ N � O r r C) CV CM C) c 0 U U U C t LL N W a Ue I.L C. 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RFP Opening Location: .....................Wilmette Village Hall Performance and Payment Bonds.. ... ... ... ... ... ... ... ... 100% DESCRIPTION OF WORK: TREE PRUNING CONSORTIUM includes the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette and is for TREE PRUNING services on Public Right-of-Ways. This proposal is for a contract of three years in duration at fixed pricing. Submit bids to: Stephen Lazarus Procurement Specialist Village of Wilmette 1200 Wilmette Ave Wilmette, IL 60091 Note: This cover sheet is an integral part of the contract documents and is, as are all of the following documents, part of any contract executed between the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette and any successful BIDDER. Do not detach any portion of this document. Invalidation could result. Village of Wilmette Page 1 RFP No. 14-M-0016 VILLAGE OF WILMETTE NOTICE TO BID RFP No. 14-M-0016 TREE PRUNING CONSORTIUM Proposals will be received by the Village of Wilmette at the Wilmette Village Hall, 1200 Wilmette Ave., Wilmette, Illinois 60091 until 10:30 AM local time on October 22nd, 2014. PRE-PROPOSAL MEETING (Optional): October loth, 2014 at 10:30 A.M. at the Wilmette Public Works Facility, 711 Laramie Ave, Wilmette, IL 60091 PROPOSALS OPENED: 10:30 AM local time on October 22nd, 2014 DESCRIPTION OF WORK: TREE PRUNING CONSORTIUM includes the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette and is for TREE PRUNING services on Public Right-of-Ways. This proposal is for a contract of three years in duration at fixed pricing. Copies of"Instructions to Proposers," including the specifications and proposal form may be obtained from the Village of Wilmette website at www.wilmette.com Additional information is available by submitting requests in writing to, Stephen Lazarus, 1200 Wilmette Ave, Wilmette, Illinois 60091 or lazaruss wilmette.com. Date of Publication: October 1st, 2014 Published in the Wilmette Beacon, a secular newspaper of general circulation in Wilmette and on the Village of Wilmette website at www.wilmefte.com. Village of Wilmette Page 2 RFP No. 14-M-0016 VILLAGE OF WILMETTE NOTICE TO BIDDERS The VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette, IL, are now accepting proposals for TREE PRUNING CONSORTIUM. TIME AND PLACE OF OPENING BIDS Notice is hereby given that the Village of Wilmette, in Illinois, will receive proposals at the Wilmette Village Hall, 1200 Wilmette Avenue, Wilmette, Illinois until October 22"d, 2014 at 10:30 AM, local time for TREE PRUNING CONSORTIUM, at which time the proposals will be publicly opened and read. Proposals for this work will be considered not only on the basis of cost, but also on past performance, experience and ability to perform the work. The VILLAGE'S reserve the right to accept the proposal deemed to be in their own best interest based on all of the above considerations. Pre-Proposal Meeting (Optional) An Optional Pre-Meeting for all suppliers will be held on October loth, 2014 at 10:30 A.M. at the Wilmette Public Works Facility, 711 Laramie Ave, Wilmette, IL 60091. Participation is optional, but suppliers are encouraged to attend, if possible. DESCRIPTION OF WORK TREE PRUNING CONSORTIUM includes the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette and is for TREE PRUNING services on Public Right-of-Ways. This proposal is for a contract of three years in duration at fixed pricing. PERFORMANCE AND PAYMENT BONDS The successful Bidder will be required to furnish Performance and Payment Bonds for one hundred (100%) percent of the contract sum. Said Bonds shall be in a form acceptable to the VILLAGE'S and must be deposited with the VILLAGE'S at the time of execution of the Contract. AVAILABILITY OF CONTRACT DOCUMENTS Prospective BIDDERS and suppliers may obtain the RFP documents from the Village of Wilmette website at www.wilmette.com or at the Wilmette Village Hall, at 1200 Wilmette Ave, Wilmette, Illinois 60091. REJECTION OF BIDS The VILLAGE'S, reserve the right to accept or reject any or all proposals or any parts therefore, to waive technicalities, to waive any irregularities or informalities in bid procedures and to award the contract in a manner best serving the interest of the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette. Proposals shall not be withdrawn for a period of ninety (90) days after the closing date without written consent. GENERAL PROVISIONS DEFINITIONS The term "VILLAGE'S" whenever used in the Request for Proposal documents shall be construed to mean the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette; Illinois. Village of Wilmette Page 3 RFP No. 14-M-0016 The term "BIDDER" whenever used in the Request for Proposal documents shall be construed to mean any person or firm submitting a proposal to the VILLAGE'S and their appointed representative. The term "CONTRACTOR" whenever used in the Request for Proposal documents shall be construed to mean any person or firm making a proposal or having a contract with the VILLAGE'S for the work so specified or its appointed representative. PREPARATION OF PROPOSAL The BIDDER shall prepare their proposal on the attached proposal forms furnished by the VILLAGE'S. All blank spaces on the proposal page or pages, applicable to the subject specification, must be correctly completed in ink or type written. All signatures must be completed in ink. The total bid amount is to be shown in both words and figures where indicated. In case of a discrepancy between words and figures, the words shall prevail, unless it clearly appears in the VILLAGE'S opinion that the words rather than the figures are in error. BIDDERS are warned against making any erasures or alterations of any kind, and Proposals which contain omissions, erasures, conditions, alterations, or additions not called for may be rejected. If BIDDER is a corporation, the President and Secretary shall execute the bid and the corporate seal shall be affixed. In the event this bid is executed by other than the President, attach hereto a certified copy of that section of corporate by-laws or other authorization by the corporation which permits the person to execute the offer for the corporation. If BIDDER is a partnership, all partners shall execute the bid, unless one partner has been authorized to sign for the partnership, in which case, evidence of such authority satisfactory to the VILLAGE'S shall be submitted. CONDITIONS BIDDERS are responsible to become familiar with all conditions, instructions, and documents governing this bid. Submission of a bid will be considered specific evidence of having performed the above. Failure to make such preparations shall not excuse the CONTRACTOR from performance of the duties and obligations imposed under the terms of the contract for this work. Once the award has been made, failure to have read all the conditions, instructions and specifications of this document shall not be cause to alter the original proposal or to request additional compensation on approval of a contract for this work. EQUAL PAY ACT The successful BIDDER/CONTRACTOR, and all subcontractors thereof, shall at all times comply with the provisions of the Illinois Equal Pay Act of 2003, 820 ILCS 112/1, et seq. Village of Wilmette Page 4 RFP No. 14-M-0016 SUBMISSION OF PROPOSAL All Proposals must be delivered to the Procurement Specialist by the specified opening time of the bid. Proposals arriving after the specified time will not be accepted. Mailed bids arriving after the specified time will not be accepted regardless of post-marked time on the envelope and will be returned unopened. All proposals should be submitted in a sealed envelope. The envelope must be clearly marked with TREE PRUNING CONSORTIUM — RFP 14-M-0016 and with: BIDDER'S name, address, bid opening location, date and time. WITHDRAWAL OF PROPOSAL BIDDERS may withdraw or cancel their proposals at any time prior to the advertised bid opening time by making a written request therefore. After the bid opening time, no bid shall be withdrawn or canceled for a period of ninety (90) calendar days. The successful BIDDER shall not withdraw or cancel its proposal after having been notified by the Procurement Specialist that said bid has been accepted by the VILLAGE BOARD'S of Buffalo Grove, Lincolnshire and Wilmette. DISQUALIFICATION OF PROPOSALS The following will be cause for disqualification of proposals: a. Prices excessively high and/or exceed monies available for the intended work; b. Failure to submit bid security or surety; c. Failure to offer to meet specified delivery or performance schedules; d. Failure to price out the proposal in conformance to the required format; or qualification of price to protect the BIDDER from unknown future market conditions; e. Rights of the VILLAGE'S limited under any contract clause; f. Reasonable basis to suspect either conflict of interest or collusion among BIDDERS; g. BIDDER fails to submit required information, literature, or affidavits with bid; h. Late bids; i. Failure of any authorized person to sign any required forms or to sign the bid; and j. BIDDER is prohibited by local, state or federal law from entering into public contracts. k. Anything to be in violation of the procurement policies and procedures for the VILLAGE'S. CONSIDERATION OF PROPOSALS No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the VILLAGE'S upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said VILLAGE'S, or that has failed to perform faithfully any previous contract with the VILLAGE'S. The VILLAGE'S shall accept the proposal of the responsible BIDDER on the basis of the proposal that is in the best interest of the VILLAGE'S to accept. In awarding the contract, in addition to price, the VILLAGE'S shall consider the following: Village of Wilmette Page 5 RFP No. 14-M-0016 a. The ability, capacity, and skill of the BIDDER to perform the contract to provide the service required; b. Whether the BIDDER can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c. The character, integrity, reputation, judgment, experience, and efficiency of the BIDDER; d. The quality of performance of previous contracts of services; e. The previous and existing compliance by the BIDDER with laws and ordinances relating to the contract or service; f. The sufficiency of the financial resources and ability of the BIDDER to perform the contract or provide the service; g. The quality, availability, and adaptability of the supplies or contractual services to the particular use required; h. The ability of the BIDDER to provide future maintenance and service for the use of the subject of the contract; i. The number and scope of conditions attached to the bid; j. Whether the BIDDER has a place of business in the VILLAGE'S; k. Responsiveness to the exact requirements of the invitation to bid; I. The ability to work cooperatively with the VILLAGE'S and their administration. m. Past records of the BIDDER'S transaction with the VILLAGE'S or with other entities as evidence of the BIDDER'S responsibility, character, integrity, reputation, judgment, experience, efficiency, and cooperativeness. The VILLAGE'S reserve the right to waive any technicalities or award in part or in whole or to not award at all, reject any and all bids, waive technicalities or irregularities, and may order a re-advertisement for new bids or whatever is in the best interest of the VILLAGE'S. The Village Manager's or their appointed representative shall represent and act for the VILLAGE'S in all matters pertaining to this proposal and contract in conjunction therewith. The VILLAGE'S reserves the right to accept or reject any and all proposals or to waive technicalities, and to disregard any informality on the bids and bidding, when in its opinion the best interest of the VILLAGE'S will be served by such actions. The work shall be awarded to the responsible BIDDER who submits the responsive bid that is most advantageous to the public. Failure on the part of the successful BIDDER to execute a contract within thirty (30) calendar days of its receipt or to provide acceptable performance and payment bonds shall be considered just cause to withdraw the award. In such case the bid security shall be forfeited as liquidated damages and not as a penalty. COMPETENCY OF BIDDER The BIDDER, if requested in writing, must present within three (3)working days, evidence satisfactory to the Village Manager's or their appointed representative of ability and possession of necessary facilities, prior experience, financial resources, including certificates of insurance, as identified herein. COLLUSION Village of Wilmette Page 6 RFP No. 14-M-0016 Identical bids may be reported to the Justice Department, in conformance to the President's Executive Order No. 10936, 26 F.R. 3555 (1961), and to local or state investigative bodies. SUBLETTING OF CONTRACT The CONTRACTOR may sublet portions of the work; however each subcontract must be approved by the Village Manager's or their appointed representative in writing prior to commencement of work. In no case shall such consent relieve the CONTRACTOR from its obligation or change the terms of the contract. At all times the CONTRACTOR shall maintain no less than fifty (50) percent of the dollar value of the contract by direct employees of the CONTRACTOR. DIRECTION OF WORK The CONTRACTOR shall commence work when authorized by the Village Manager's or their appointed representative. The CONTRACTOR shall conform to any and all directions as to the order, or manner in which the different parts of the work shall be done. All verbal or written instructions from the Village Manager's or their appointed representative in explanation of the contract documents made during the progress of the work must be strictly obeyed by the CONTRACTOR as though they had been fully written herein. All such explanations of said contract documents shall be final and conclusive. When more than one kind of material is mentioned in these specifications the Village Manager's or their appointed representative shall approve the material to be used. INTERPRETATION OF CONTRACT DOCUMENTS The Village Manager's or their appointed representative shall in all cases determine the amount or quantity of work which is to be paid for under this contract, and shall decide all questions which may arise relative to the execution of the contract on the part of the CONTRACTOR, and all estimates and decisions shall be final and conclusive. The Village Manager's or their appointed representative shall have the right to make alterations in plans, forms, or the scope of the work herein contemplated either before or after the commencement of the work. If such alterations diminish the quantity of the work to be done, they shall not constitute a claim for damage or for anticipated profits on the work dispensed with, or if they increase the amount of work, such increase shall be paid according to the quantity actually done and at the price or prices stipulated for such work in the contract. The VILLAGE'S hereby reserves the right to approve as an equal, or to reject as not being an equal, any article the CONTRACTOR proposes to furnish under the terms of the contract. PROGRESS OF THE WORK If the CONTRACTOR shall assign this contract or abandon the work or shall neglect or refuse to comply with the instructions of the Village Manager's or their appointed representative relative thereto or shall fail in any manner to comply with the specifications or stipulations herein contained or if at any time the Village Manager's or their appointed representative shall be of the opinion that the work is unnecessarily delayed and will not be finished within the prescribed time, or unnecessary expense is being incurred by the VILLAGE'S for inspection and supervision, the Village Manager's or their appointed representative shall notify the CONTRACTOR, in writing, to that effect. If the CONTRACTOR does not, within five (5) calendar days thereafter, take such measures as will in the judgment of the Village Manager's or their appointed representative insure Village of Wilmette Page 7 RFP No. 14-M-0016 the satisfactory completion of the work within the prescribed time or prevent unnecessary expense to the VILLAGE'S, the Village Manager's or their appointed representative may put on the necessary force, at the cost to the CONTRACTOR, to correct such delay or the VILLAGE'S may declare the CONTRACTOR to be in default and terminate the contract as provided for herein. RESPONSIBILITY FOR CONDUCT OF WORK The CONTRACTOR shall be responsible to conduct the work in such a manner as to complete it accurately and within the time specified in the contract. The CONTRACTOR must have present, at all times, on the worksite a competent, English-speaking individual responsible for reading and understanding the contract documents. The representative shall be subject to receive instructions from the Village Manager's or their appointed representative, have full authority to execute the directions of the Village Manager's or their appointed representative, without delay, and promptly supply any necessary labor, equipment, material or incidentals to do so. If any person employed shall refuse or neglect to obey the directions of the Village Manager's or their appointed representative, in anything relating to the work, or shall appear to be incompetent, disorderly or unfaithful, he/she shall, upon request of the Village Manager's or their appointed representative, be at once discharged and shall not be employed again on any part of the work without consent of the Village Manager's or their appointed representative. QUALITY OF THE WORK The work shall be done in a thorough and workman like manner and to the satisfaction of the Village Manager's or their appointed representative. The CONTRACTOR shall provide only materials and tools of the best quality for the work. No secondhand material can be used in any case. All labor will be furnished by the CONTRACTOR and must be efficient and skilled in the work. All work must pass inspection by the Village Manager's or their appointed representative. INSPECTIONS The VILLAGE'S shall have the right to inspect any work, material, component equipment, supplies, services, or completed work specified herein before acceptance. Any of said items not complying with these specifications are subject to rejection at the option of the VILLAGE'S. The CONTRACTOR will make every effort and means available to facilitate the Village Manager's or their appointed representative inspection of the work. Any work or material which the Village Manager's or their appointed representative may determine to be defective must be rebuilt, replaced, or repaired at the CONTRACTOR'S own expense at the direction of the Village Manager's or their appointed representative. EXTRA WORK Any work not herein specified which may be implied as being included in this contract, of which the Village Manager's or their appointed representative shall be the judge, shall be done by the CONTRACTOR without extra charge. The CONTRACTOR shall also do such work in connection with this contract as the Village Manager's or their appointed representative may specifically direct and if it be of a kind for which no price is given or stated in this contract, such price shall be fixed by the Village Manager's or their appointed representative and the CONTRACTOR, but no claim for extra work shall be allowed unless the same was done in pursuance of a written special order from the Village Manager's or their appointed representative. It is understood that the completion of this Village of Wilmette Page 8 RFP No. 14-M-0016 contract under this agreement includes any and all work necessary to connect and match work with adjoining work in a reasonable manner. EXTENSION OF TIME The CONTRACTOR shall not be entitled to any claim for damages for any hindrance or delay from any cause whatever in the progress of the work or any part thereof. However, such hindrance may entitle the CONTRACTOR to an extension of time for completing the contract, sufficient to compensate for the detention; the same to be determined by the Village Manager's or their appointed representative, provided that the CONTRACTOR provides notice, in writing, of the nature of the cause of such detention within ten (10) calendar days after the detention has occurred. LOSS OR DAMAGE Any loss or damage arising out of the nature of the work or from any detention or from any other unforeseen obstruction or difficulty which may be encountered in the prosecution of the work or from the action of the elements shall be sustained by the CONTRACTOR who will be required, without cost to the VILLAGE'S, to remove and replace all portions of the work, displaced or damaged, immediately after completion of this task. PRICES The quantities provided in the bid documents are approximate and are subject to increase or decrease. Compensation to the CONTRACTOR shall be based upon the actual quantities and sizes of trees designated for pruning multiplied by the unit prices bid for each item. The unit prices submitted herewith are for the purpose of determining the lowest cost per species/diameter, and for the purpose of determining the lowest cost BIDDER/S. TERMINATION OF CONTRACT The VILLAGE'S reserves the right to terminate the whole or any part of this contract, upon ten (10) calendar day's written notice to the CONTRACTOR. The VILLAGE'S further reserves the right to terminate the whole or any part of this contract, in the event of default by the CONTRACTOR. Default is defined as failure of the CONTRACTOR to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. The CONTRACTOR shall be liable for any related costs unless acceptable evidence is submitted to the Village Manager's or their appointed representative that failure to perform the contract was due to cause beyond the control and without the fault or negligence of the CONTRACTOR. The CONTRACTOR will not be liable to perform if situations arise by reason of strikes, acts of God or the public enemy, acts of the VILLAGE'S, fires or floods. CHANGE IN STATUS The Contractor shall notify the VILLAGE'S immediately of any change in its status resulting from any of the following: (a) vendor is acquired by another party; (b) vendor becomes insolvent; (c) vendor, voluntary or by operation law, becomes subject to the provisions of any chapter of the Bankruptcy Act; (d) vendor ceases to conduct its operations in normal course of business. The VILLAGE'S shall have the option to terminate its contract with the vendor immediately on written notice based on any such change in status. Village of Wilmette Page 9 RFP No. 14-M-0016 PRECEDENCE Where there appears to be variances or conflicts, the following order of precedence shall prevail: The VILLAGE'S's Request for Proposal General Terms & Specifications and the CONTRACTOR'S Proposal Response. VILLAGE'S CONTRACTOR LICENSE The most responsive and responsible bidder, prior to commencing any work, must have a valid VILLAGE'S CONTRACTOR'S License on-file with each of the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette. BONDS AND INSURANCE A. PERFORMANCE AND PAYMENT BONDS At the time of execution of the Contract, Contractor, at its sole cost and expense, shall furnish to the VILLAGE'S satisfactory Performance and Payment Bonds for one hundred (100) percent of the Contract Amount. Said bonds shall be in a form acceptable to the VILLAGE'S. Surety companies executing bonds must appear on the Treasury Department's most current list as published in Circular No. 570 and be authorized to transact business in the State of Illinois. Said bonds shall provide that they do not terminate upon completion of the Work, but shall be reduced to ten (10) percent of the Contract Amount upon final payment for a period of one (1) year. Failure to furnish the required bonds within the time specified may be cause for withdrawal of the award. B. CONTRACTOR'S INSURANCE REQUIREMENTS During the term of the contract, the CONTRACTOR shall maintain for the duration of the contract, including warranty period, insurance purchased from a company or companies lawfully authorized to do business in the State of Illinois such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1. Comprehensive General Liability - $1,000,000 per occurrence and shall include coverage for products and completed operations liability, independent CONTRACTOR'S liability, and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage; the general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000, or a project/contract specific aggregate of $1,000,000 2. Auto Liability - Combined Single Limit Amount of $1,000,000.00 on any CONTRACTOR owned, and/or hired, and/or non-owned motor equipment engaged in operations within the scope of this contract; 3. Workers Compensation — covering all liability of the Contractor arising under the Worker's Compensation Act and Workmen's Occupational Disease Act;; Employers Liability $1,000,000.00 (the policy shall include a 'waiver of subrogation'); and Village of Wilmette Page 10 RFP No. 14-M-0016 4. Owners and CONTRACTORS Protective Liability $1,000,000 Combined be no less than $2,000,000.00 on a project aggregate. 5. Umbrella Coverage - $2,000,000.00. (B)The CONTRACTOR shall furnish to the VILLAGE'S satisfactory proof of coverage of the above insurance requirements, by a reliable company or companies, before commencing any work. Such proof shall consist of certificates executed by the respective insurance companies and filed with the VILLAGE'S. Said certificates shall contain a clause to the effect that, for the duration of the contract, the insurance policy shall be canceled, expired or changed so as to the amount of coverage only after written notification 30 days in advance to the VILLAGE'S. In addition, said certificates shall list the VILLAGE'S and its officers, agents and employees as additional insured on all required insurance policies other than worker's compensation. Said Notices and Certificates of Insurance shall be provided to the VILLAGE'S. The Certificate of Insurance shall state the VILLAGE'S have been endorsed as an "additional insured" by the CONTRACTOR'S insurance carrier. Specially, the Certificate must include the following language: "The VILLAGE'S are and have been endorsed, as additional insured under the above reference policy number on a primary and non- contributory basis for general liability coverage for the duration for the contract term". (C) The CONTRACTOR shall require subcontractors, if any, not protected under the CONTRACTOR'S policies, to take out and maintain insurance of the same nature in amounts, and under the same terms, as required of the CONTRACTOR. (D) All insurance required herein of the CONTRACTOR and any subcontractors shall be valid and enforceable policies, insured by insurers licensed and permitted to do business by the State of Illinois or surplus line carriers qualified to do business in the State of Illinois. All insurance carriers and surplus line carriers shall be rated A-, VII or better by A.M. Best Company. INDEMNIFICATION Except to the extent claims, losses or damages are the result of the negligent acts or omissions or willful misconduct of the VILLAGE'S, the CONTRACTOR shall indemnify, defend and save harmless the VILLAGE'S, its officers, agents, employees, representative and assigns, from lawsuits, actions, costs (including but not limited to attorneys' fees and expert witness fees), claims, fines, penalties, damages or liabilities of any character, resulting from: (a) CONTRACTOR'S failure to comply fully with any federal, state or local law, statute, regulation, rule, ordinance, order of governmental directive, including, but not limited to, those which directly or indirectly regulate or relate to the generation, receipt, handling, treatment, storage, transportation, disposal or recycling of any hazardous substance or waste; (b) bodily injury, including death at any time resulting there from, and injury to property, which are attributable to, or arise out of, any negligent act or omission or willful misconduct of CONTRACTOR, its employees, agents, officers, and subcontractors; and (c)the failure of CONTRACTOR to comply with the terms, conditions, representations and warranties contained in this contract. In connection with any such claims, lawsuits, actions or liabilities, the VILLAGE'S, its officers, agents, employees, Village of Wilmette Page 11 RFP No. 14-M-0016 representative and their assigns shall have the right to defense counsel of their choice. The CONTRACTOR shall be solely liable for all costs of such defense and for all expenses, fees, judgments, settlements and all other costs arising out of such claims, lawsuits, actions or liabilities. The rights and obligations set forth in this section shall survive the expiration, conclusion, or termination of this contract. COMPLIANCE WITH LAWS The CONTRACTOR shall at all times observe and comply with all laws, ordinances and regulations of the Federal, State, Local and VILLAGE'S governments, which may in any manner affect the preparation of bids or the performance of the contract. a. Collusion: The BIDDER certifies that the prices contained in the proposal have been establish d without knowledge of any other proposal on this item and the BIDDER has not colluded conspired, connived or agreed, directly or indirectly, with any other BIDDER, VILLAGE'S employee or any person, to fix the bid price submitted by the BIDDER or any other BIDDER, and agrees to indemnify the VILLAGE'S for any losses sustained by it due to illegal actions of the BIDDER. He also certifies that the BIDDER, its agents, owners, officers or employees have not been convicted or pleaded nolo-contendere to bribery, bid rigging pricing fixing or defrauding a unit of government in violation of Section 33E-3 or 33E-4 of the State of Illinois Criminal Code. b. Sexual Harassment Policy: The BIDDER certifies that the firm has a written sexual harassment policy defining sexual harassment as required in Section 2-105 of the III. Human Rights Act. 775 ILCA 5/1-105 et. seq. c. Tax Payments: The BIDDER certifies that the BIDDER is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as set forth in 65 ILCS 5/11-42.1-1. d. E ual Pay Act of 2003: The successful BIDDER/CONTRACTOR, and all Subcontractors t ereo , Tall at all times comply with the provisions of the Illinois Equal Pay Act of 2003, 820 ILCS 112/1, et seq. e. Fair EmiDlovment Practices: The BIDDER assures the VILLAGE'S that he is an "Equal Opportunity mp oyer" as defined by federal and state laws and regulations. He agrees to comply with the Illinois Employment Practice Commission Equal Opportunity clause as required by Article II of the Illinois FEPC Rules and Regulations, which is considered to be part of any contract or purchase agreement. The clause is reprinted below: PREVAILING WAGES The proposed Work described in this RFP document is not covered by the Illinois Prevailing Wage Act. The Illinois Department of Labor ("IDOL") has determined that tree pruning is considered to be maintenance work and is not subject to prevailing wage requirements. ILLINOIS FREEDOM OF INFORMATION ACT Contractor agrees to furnish all documentation related to this Agreement and any documentation related to the VILLAGE'S required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) days after the VILLAGE'S issue notice of such request to Contractor. Contractor agrees to defend, Village of Wilmette Page 12 RFP No. 14-M-0016 indemnify and hold harmless the VILLAGE'S, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for the VILLAGE'S to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising from Contractor's, actual or alleged violation of the FOIA or Contractor's failure to furnish all documentation related to a request within five (5) days after VILLAGE'S issues notice of a request. Furthermore, should Contractor request that VILLAGE'S utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. The defense shall include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. Contractor agrees to defend, indemnify and hold harmless the VILLAGE'S, and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend any denial of a FOIA request by Contractor's request to utilize a lawful exemption to the VILLAGE'S. ILLINOIS EQUAL OPPORTUNITY CLAUSE In the event of the CONTRACTOR'S noncompliance with any provision of this Equal Employment Opportunity clause, the Illinois Fair Employment Practices Act or the Fair Employment Practices Commission's Rules and Regulations for Public contracts, the contractor may be declared non-responsible and therefore ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. PERMITS AND LICENSES The CONTRACTOR shall obtain, at its own expense, all permits and licenses which may be required to complete the contract, and/or required by municipal, state, and federal regulations and laws. All fees shall be included in the bid, no additional compensation will be allowed. TAXES The VILLAGE'S are exempt, by law, from paying the following taxes: Federal Excise Tax, Illinois Retailer's Occupation Tax, Use Tax and Municipal Retailers' Occupation Tax on materials and services purchased by the VILLAGE'S. A copy of the VILLAGE'S tax- exempt letter will be provided to the successful BIDDER when requested. PAYMENT BY THE VILLAGE'S The VILLAGE'S agree to make payments to Contractor and to pay interest on unpaid balances under the provisions of the Local Government Prompt Payment Act. Payment of invoices shall be made pursuant to the Illinois Prompt Payment Act (50 ILCS 505/1 et seq.). VENUE Village of Wilmette Page 13 RFP No. 14-M-0016 The parties hereto agree that for purposes of any lawsuit(s) between them concerning the contract, its enforcement, or the subject matter thereof, venue shall be in Circuit Court of Cook County, Cook County, State of Illinois, and the laws of the State of Illinois shall govern the cause of action. If you need any additional information, clarification of the specifications contact the following person in writing: Stephen Lazarus Procurement Specialist 1200 Wilmette Ave Wilmette, IL 60091 847-853-7619 847-853-7642 (fax) lazaruss wilmette.com Village of Wilmette Page 14 RFP No. 14-M-0016 TREE PRUNING CONSORTIUM RFP No. 14-M-0016 SPECIAL PROVISIONS FOR TREE PRUNING GENERAL DESCRIPTION OF WORK The VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette are seeking proposals to provide TREE PRUNING services on Public Right-of-Ways. The work is to be completed over a three (3) year period which will begin on November 12, 2014 and end on December 31, 2017. The CONTRACTOR shall complete the work from the date of Notice to Proceed from the VILLAGE'S and shall complete work during the specified period of the contract. CLARIFICATION OF DOCUMENTS Any BIDDER in doubt as to the true meaning of any part of the Special Provisions may contact Stephen Lazarus, Procurement Specialist between the hours of 8.00 AM and 3.00 PM Monday through Friday. If a written addendum is issued, a copy of such addendum will be e-mailed or faxed to all BIDDERS known to the VILLAGE'S. The information shall also be placed on file and be made available to the public per the Freedom of Information Act. No addenda shall be issued later than five (5) working days prior to the proposal opening date. CONFLICT WITH EXISTING VILLAGE'S CONTRACTS This TREE PRUNING contract shall be treated as a separate contract and not performed in conjunction with any existing contracts as currently held by the CONTRACTOR with the VILLAGE'SS. Any CONTRACTOR that currently performs work for the VILLAGE'SS under an existing contract must agree to furnish additional crews (labor and equipment) to guarantee that timeliness, quality and services currently rendered do not suffer in any way due to additional work contained in this contract. CONTRACT TIME The CONTRACTOR shall begin work on or about November 12, 2014, and the contract will expire on December 31, 2017, with the majority of the pruning work to be conducted as part of the VILLAGE'S scheduled pruning program which occurs during the months of January through April, and November through December. The term of the contract shall be three (3) years with fixed pricing. No Work shall be done prior to the issuance of the Notice to Proceed. At least 90 days prior to the scheduled expiration of the Contract, the CONTRACTOR shall notify the VILLAGE'S of its desire to enter into an extension of the original contract. At the VILLAGE'S sole option and discretion, and provided the CONTRACTOR has performed the Work in compliance with the terms and conditions of this Contract, and so long as no event has occurred, but for the passage of time or the giving of notice which would constitute a default under this Contract, this Contract may be extended for an Village of Wilmette Page 15 RFP No. 14-M-0016 additional twelve (12) month period. The price for any extended contract shall be the unit price per diameter class stated in the original contract. Prior to an extension, the VILLAGE'S will review and provide quantity estimates for the upcoming contract period. Any extension shall be in writing signed by both parties. PROPOSAL PRICING Proposal prices shall include all applicable charges that shall be incurred during the specified period of the contract. Proposals are all inclusive and there shall be no additional charges during the term of the contract. The bidder shall indicate prices for the pruning of parkway trees at a unit price per inch of diameter. The unit price shall include all labor, equipment, materials and wood disposal costs. Bidders shall provide the unit price for the following diameter classes: Bidders shall provide the unit price for the following six (6) diameter classes for the Village of Buffalo Grove: a. (1-6") one to six inches diameter (dbh) b. (7-12") seven to twelve inches diameter (dbh) C. (13-20") thirteen to twenty inches diameter (dbh) d. (21-28") twenty one to twenty eight inches diameter (dbh) e. (29-36") twenty nine to thirty six inches diameter (dbh) f. (37"+) thirty-seven inches diameter (dbh) and greater Bidders shall provide the unit price for the following five (5) diameter classes for the Village's of Lincolnshire and Wilmette: a. (1-6") one to six inches diameter (dbh) b. (7-14") seven to fourteen inches diameter (dbh) C. (15-24") fifteen to twenty-four inches diameter (dbh) d. (25-36") twenty-five to thirty six inches diameter (dbh) e. (37"+) thirty-seven inches diameter (dbh) and greater MEASUREMENT OF PARKWAY TREES The diameter of trees shall be measured with a standard D-tape at a point 4 '/feet above the average ground level at the base of the tree. In cases of multi-stemmed trees where the trunk separations begin at 4 '/ feet from the ground or lower, measurement shall be Village of Wilmette Page 16 RFP No. 14-M-0016 taken one (1) foot below the separation. If a tree becomes multi-stemmed below one foot, the sum of the diameters of the stems measured at 4 % feet above the average ground level at the base of the tree shall be the considered the diameter of the tree. If there is soil between the stems, they shall be considered separate trees. Final diameter measurements shall be reported to the nearest inch with rounding up to occur at increments of % inch and greater (i.e. 12.50-12.99" = 13.0" dbh) and rounding down to occur at increments lower than inch (i.e. 12.01-12.49" = 12.0" dbh). FAILURE TO COMPLETE THE WORK ON TIME As set forth further in the Specifications herein, all trees identified on the Tree Pruning List shall be pruned within 10 business days after the CONTRACTOR has received said Tree Pruning List from the VILLAGE MANAGER'S or their appointed representative. Submission of a Proposal implies that the bidder is fully conversant with all requirements of Special Provisions, Standard Specifications, and site conditions. No claim for additional compensation will be considered or paid because of the CONTRACTOR'S negligence or failure to be so informed. LIQUIDATED DAMAGES FOR NONCOMPLIANCE WITH CONTRACT Should the CONTRACTOR fail to meet the designated starting and completion dates, a penalty of $100 per day shall be assessed. The work on this contract shall commence November 12, 2014 and all work shall be completed prior to December 31 of each calendar year. In addition, sixty five percent (65%) of the dollar value of the contract shall be completed by June 1 of each calendar year as an indication that the CONTRACTOR is satisfactorily progressing toward completion of the Contract. The CONTRACTOR is responsible to prune parkway trees within a reasonable time frame, 10 business days. If the CONTRACTOR fails to make good effort to prune parkway trees within the allocated period, the VILLAGE'S will officially notify him of the default. If the CONTRACTOR fails to rectify the situation within three days, the VILLAGE'S will assess liquidated damages against the CONTRACTOR in the amount of $100 per day until the situation is rectified. In addition, the CONTRACTOR assumes responsibilities for any damages or losses to the VILLAGE'S or to third parties caused by the failure to prune parkway trees in the time allocated by the contract. This amount may be deducted from any payments due the CONTRACTOR from the VILLAGE'S. No deduction or payment of liquidated damages will release the CONTRACTOR from further obligations and liabilities to complete the entire Contract. Allowing the CONTRACTOR to continue and finish the Work, or any part of it, after the expiration of any stated completion date shall not constitute a waiver on the part of the VILLAGE'S of any liquidated damages due under the Contract. Unless specific permission has been granted to do otherwise by the DIRECTOR, the CONTRACTOR is required to remove all debris from the work sites at the end of each day. If the CONTRACTOR fails to comply with this requirement, the VILLAGE'S may claim liquidated damages in the amount of $100 per site for each night that the material remains at the site and this may be deducted from any amount due the CONTRACTOR from the VILLAGE'S. In addition, the CONTRACTOR is liable for any damages or liability to the Village of Wilmette Page 17 RFP No. 14-M-0016 VILLAGE'S or third parties caused by the failure to properly remove debris from a site promptly. DAMAGE AND PROTECTION OF PUBLIC AND PRIVATE PROPERTY The CONTRACTOR is responsible for any damage to public or private property caused by the CONTRACTOR'S operation. Due to the nature of the work, and the likelihood that claims of damage may arise, the CONTRACTOR is also responsible for documenting conditions of the work site, including public and private property, prior to commencing work. The CONTRACTOR shall notify the Village Manager's or their appointed representative of any damage that exists prior to commencing work. The CONTRACTOR shall take all necessary precautions to eliminate damage to adjacent trees, street lights, street signs, shrubs, lawns, curbs, walks, driveways and/or other real or personal property. The CONTRACTORS vehicles shall be located on the paved surface of a street and will not use private driveways or block any public sidewalk. The CONTRACTOR will be responsible to repair or replace any pavement or sidewalk broken or damaged as a result of work operations. Holes made in lawns, regardless of size, shall be filled with black top soil. To eliminate the possibility of creating ruts, the CONTRACTOR shall use three- quarter inch (3/4") thick, or thicker, plywood under the tires of any equipment driven on the parkway. The Village Manager's or their appointed representative shall have final determination of necessary restoration. Equipment shall not enter private property unless the property owner consents or the VILLAGE'S have obtained signed right-of-entry release forms for the required removal. Vegetation surrounding a tree marked for removal shall be disturbed as little as possible. The CONTRACTOR shall resolve any claims for damage with the property owner within 20 business days after damage occurs. Should the damage not be rectified within the time frame agreed upon or to the satisfaction of the property owner, and/or the Village Manager's or their appointed representative the VILLAGE'S reserves the right to repair or replace that which was damaged by the CONTRACTOR and deduct this cost from any payment due the CONTRACTOR. In addition, the VILLAGE'S reserve the right to repair or replace any pavement or sidewalk damage caused by the CONTRACTOR and deduct those costs from any payment due the CONTRACTOR. PROTECTION OF OVERHEAD UTILITIES Tree Pruning operations may have to be conducted in areas where overhead electric, telephone, and cable television facilities exist. The CONTRACTOR shall protect all utilities from damage and follow all safety precautions and procedures required when working near such lines. The CONTRACTOR shall immediately contact the appropriate utility if damage should occur, and shall be responsible for all claims for damage due to the CONTRACTOR's operation. When necessary, the CONTRACTOR shall make arrangements with the utility for removal of all necessary limbs and branches which may conflict with or create a hazard in conducting Tree Pruning. When the CONTRACTOR has properly contacted the utility, the CONTRACTOR shall notify the VILLAGE'S of their request. DISCONTINUANCE OF WORK Village of Wilmette Page 18 RFP No. 14-M-0016 Any hazardous work practice(s) being conducted as determined by the Village Manager's or their appointed representative shall be immediately discontinued by the CONTRACTOR upon receipt of either written or oral notice to discontinue such practice(s). Also, the CONTRACTOR shall not continue any work which he considers dangerous and shall immediately notify the Village Manager's or their appointed representative. INSPECTION OF WORK All work shall be completed to the satisfaction of the Village Manager's or their appointed representative including any questions as to proper procedures or quality of workmanship. Payment will not be made until work is approved by the Village Manager's or their appointed representative. NEGOTIATIONS The VILLAGE'S reserve the right to waive irregularities in bids and bidding and to reject any or all bid proposals or to negotiate with any BIDDERS as to the final terms of any proposed contract. The VILLAGE'S have the right to award only part of this contract and perform some or all of the items with VILLAGE'S personnel. EQUIPMENT A statement shall be provided to the VILLAGE'S indicating the items of equipment which the bidder proposes to use on the project, together with a statement noting which of these items of equipment the bidder owns, and separately those items which he does not own but is certain he will be able to rent or otherwise have access to use. All equipment, parts or components not specifically mentioned in these specifications which are necessary to provide a complete TREE PRUNING services shall be furnished by the successful bidder. Failure to identify equipment may be grounds for disqualification. Note: Parking for CONTRACTOR'S equipment is not available at the VILLAGE'S Public Works Maintenance Facilities. EXCEPTIONS If the bidder's proposal does not meet the entire specification but does substantially meet the requirements, the bidder should indicate, in writing on the bid form, all deviations from the specifications. These specifications are to be considered as the minimum effort required to complete the work. EMERGENCY CONTACT Prior to starting work, the CONTRACTOR will provide the Village Manager's or their appointed representative with a person who can be reached in event of an emergency. If that person does not respond within 30-minutes of receiving notification of the emergency, the VILLAGE'S will utilize in-house staff to remedy the emergency and deduct costs incurred from the payments under the contract. A minimum deduction of$50 will be made for each time the VILLAGE'S have to provide an emergency service. Village of Wilmette Page 19 RFP No. 14-M-0016 SUBLETTING OF CONTRACT The CONTRACTOR may sublet portions of the performance of the Work. CONTRACTOR shall identify all proposed subcontractors who will furnish services under the terms of this Contract. Subcontractors shall conform, in all respects, to the applicable provisions specified herein for the CONTRACTOR and shall be subject to approval by the VILLAGE'S. CONTRACTOR shall not employ any subcontractor, either initially or as a substitute, against whom the VILLAGE'S have a reasonable objection. Subcontractors shall be under the sole direction, authority and responsibility of the CONTRACTOR and CONTRACTOR shall take all steps necessary to ensure that subcontractors comply with the Contract requirements. The work to be done by the subcontractors shall be outlined in detail by the CONTRACTOR. CONTRACTOR shall be fully responsible to the VILLAGE'S for any and all acts and omissions of the CONTRACTOR'S suppliers, subcontractors and others performing or furnishing any of the work directly or indirectly on behalf of the CONTRACTOR. Village of Wilmette Page 20 RFP No. 14-M-0016 TREE PRUNING CONSORTIUM RFP No. 14-M-0016 SPECIFICATIONS FOR TREE PRUNING The following Specifications and other provisions together with the Special Provisions shall govern the performance of the TREE PRUNING contract and will be made a part of the agreement. LANDSCAPE EQUIPMENT NOISE (THIS PROVISION APPLIES TO THE VILLAGE OF WILMETTE ONLY ORDINANCE GOVERNING THE USE OF LANDSCAPE EQUIPMENT NOISE The Contractor shall work in accordance with the Landscape Equipment Noise Ordinance (VILLAGE'S Code 14-6.6) which permits operation of landscape equipment between the hours of 8:OOAM and 5:OOPM Monday — Friday and 9:00 AM — 5:00 PM Saturday and Sunday. Operating a gasoline-powered lawn or leaf— blower, which shall be deemed to include an electronically operated leaf blower powered by a gasoline-powered portable generator, is prohibited when used; A. At any time between the dates of May 15t" through and including September 30tn; B. Or more than 30-minutes in any 3-hour period between the dates of October 1st through and including May 14t" of the following calendar year. THERE SHALL BE NO EXCEPTIONS TO THIS PROVISION. DETAILED REQUIREMENTS This contract for TREE PRUNING shall be based on the diameter classes shown in the Special Provisions section and will include the costs for the following two categories of work: 1. Pruning of parkway trees and branches. 2. Disposal of wood debris and other wood debris generated from tree pruning operations. EMERALD ASH BORER COMPLIANCE AGREEMENT(ILLINOIS DEPT. OF AGRICULTURE) Any ash debris disposal must adhere to all regulations set forth by the Illinois Department of Agriculture (IDA) and under the Emerald Ash Borer Compliance Agreement; applicable to State or Federal Cooperative Domestic Quarantines for the Emerald Ash Borer (Agrilus planipennis) pursuant to the Insect Pest and Plant Disease Act (505 Illinois Compiled Village of Wilmette Page 21 RFP No. 14-M-0016 Statutes 90/1 et seq.). The CONTRACTOR shall furnish a signed copy of the IDA EAB Compliance Agreement to the VILLAGE'S, following all provisions pertaining to the proper disposal of ash debris and movement of IDA defined, regulated articles within quarantine zones. The CONTRACTOR shall abide by any modifications to IDA EAB regulations, including the Compliance Agreement and quarantine zones. All EAB infested ash wood and debris shall be removed from the VILLAGE'S and shall become the CONTRACTOR'S responsibility to ensure destruction of the infested wood in accordance with the State statutes and local ordinances. Each ash tree shall be considered infested and disposed of accordingly. Under no circumstances shall logs from ash trees be left for homeowners. THOUSAND CANKERS DISEASE COMPLIANCE AGREEMENT (ILLINOIS DEPT. OF AGRICULTURE) Any handing of walnut (Juglans spp.) tree material must adhere to all regulations set forth by the Illinois Department of Agriculture (IDA) under the Thousand Cankers Disease Compliance Agreement; applicable to State of Illinois External Regulations on Juglans spp. products with regards to Thousand Cankers Disease Complex (Geosmithia morbida and Pityopthourus judlandis), pursuant to the Insect and Plant Pest Disease Act (505 Illinois Compiled Statutes 90/1 et.seq). The CONTRACTOR shall furnish a copy of signed IDA Thousand Cankers Disease Compliance Agreement to the VILLAGE'S, following all provisions as set forth. The CONTRACTOR shall abide by any modifications to IDA Thousand Cankers Disease regulations, including the Compliance Agreement and any state and/or federal quarantine zones established. All walnut tree material shall be removed from the VILLAGE'S and shall become the CONTRACTOR'S responsibility to ensure handling of tree materials adheres to State statutes and local ordinances. Any walnut materials that appears suspect of TCD infestation shall be reported to the Department of Agriculture. Under NO circumstances shall unprocessed woody material from walnut trees be left for homeowners. SUPERVISION The CONTRACTOR shall provide the Village Manager's with the name and phone number of the supervisor for this contract. The CONTRACTOR'S supervisor shall be a person in the employ of CONTRACTOR, and be a part of the daily crew who is familiar with, and regularly updated on, all the activities pertaining to work performed under this contract. QUANTITIES AND TREE LOCATIONS Based upon prior activity, it is estimated that a minimum of 6,565 parkway trees (3,805 — Buffalo Grove, 960— Lincolnshire and 1,800—Wilmette)will need to be pruned annually under this contract (for a twelve-month period). Quantities shall be construed as estimates for the purpose of obtaining unit prices unless otherwise stated. Trees to be Village of Wilmette Page 22 RFP No. 14-M-0016 pruned will be those designated by each of the VILLAGE'S on an inventory printout provided to the awarded contractor and will be pruned in a sequence indicated by each of the VILLAGE'S. Under normal conditions, the CONTACTOR will be expected to complete a forestry work zone area before entering into another area. Occasionally, the CONTRACTOR may be required to prune outside of the expected forestry work zone area. These additional areas will be determined by each of the VILLAGE'S and will be at least one block in length. PROVIDING ADVANCE NOTIFICATION TO RESIDENTS The CONTRACTOR, at its sole cost and expense, shall develop, print and distribute to all affected residents a standardized brochure, letter or postcard (pre-approved by the VILLAGE'S) providing advance notification of parkway tree pruning activity. The VILLAGE'S will advise the CONTRATOR in advance of streets or areas to be pruned requiring distribution of notification material. At minimum, residents shall be notified 72 hours in advance of parkway tree pruning operations. The VILLAGE'S, at their discretion, may furnish the CONTRACTOR with sample documentation deemed suitable for notification. LISTS Lists containing the zone, street name, numbered address, location quadrant, tree species and updated diameters (DBH) of parkway trees to be pruned shall be submitted to the CONTRACTOR. Each municipality will submit updated tree inventory lists (tree pruning) to the CONTRACTOR. Furthermore, the CONTRACTOR will receive separate list(s) from each of the VILLAGE'S. Lists submitted to the CONTRACTOR will contain at least one (1) block worth of parkway trees. In the event sidewalks are absent or public rights-of-way extend beyond existing sidewalks, parkway trees will be marked (painted) with a circular, "white dot" to denote VILLAGE'S ownership. It is possible that other contractor's working for homeowners could place a similar mark on a nearby tree, therefore, the CONTRACTOR shall confirm the validity of the tree to the list that has been provided by the DIRECTOR. The VILLAGE'S will not compensate the CONTRACTOR for any work incorrectly performed on trees not included on the list. The list will contain the VILLAGE'S measurement of the size of each tree to be pruned. All parkway tree diameters with be measured at breast height or 4 1/ feet above ground level (see `MEASUREMENT OF PARKWAY TREES' under Special Provisions section). INVOICING PROCESS The CONTRACTOR shall submit an invoice for each inventory list of parkway trees designated for pruning by each VILLAGE'S. The invoice shall include the work performed for the corresponding list and must be supported with copies of all work site locations specific to the list. The CONTRACTOR shall not submit invoices prior to completion of work, and the VILLAGE'S will not authorize payment (including partial or pre- payments) for incomplete work. Invoices shall include all charges for work orders depicted on each list. In the event that the CONTRACTOR is required to respond to an emergency/disaster situation or provide demand hourly services (non-emergency), hours spent traveling to Village of Wilmette Page 23 RFP No. 14-M-0016 and from the CONTRACTOR'S location to each VILLAGE'S (portal to portal) shall not be considered billable. Payment for emergency/disaster services or demand hourly services (non-emergency)will be made for all hours worked at the site. Invoicing shall only include hours spent at the work site and data that substantiates completion of work related to the service request is required by the Village Manager's and is essential for the authorization of payment. Invoices shall be mailed to the following addresses (for the work performed in that particular municipality): Village of Buffalo Grove Finance Department 50 Raupp Blvd. Buffalo Grove, IL 60089 Village of Lincolnshire Finance Department One Olde Half Day Road Lincolnshire, IL 60069 Village of Wilmette Finance Department 1200 Wilmette Avenue Wilmette, IL 60091 POSTING OF NO PARKING SIGNS The CONTRACTOR shall examine the area surrounding the trees to be pruned and determine, in sufficient time prior to initiating the Work on each Pruning List, whether"No Parking" signs are necessary to allow access to trees. The CONTRACTOR shall contact the Village Manager's or their appointed representative to obtain the appropriate signage from each VILLAGE'S and the CONTRACTOR shall post them as necessary. "No Parking" signs must be displayed for 48 hours prior to enforcement. CONTRACTOR shall remove all signs upon completion of work in that area. WORK REPORTS The CONTRACTOR shall submit a written or verbal report on each day that work is performed to the Village Manager's or their appointed representative listing completion dates, locations and numbers of parkway trees pruned. In addition, the CONTRACTOR shall immediately report any parkway tree information to the respective VILLAGE'S that pertains to visible girdling roots, structural weaknesses, decayed trunks and branches or split crotches. In order to satisfy this requirement, the CONTRACTOR may submit the daily report to the Village Manager's or their appointed representative via electronic mail, facsimile or by telephone. WORK CREW SUPERVISION The CONTRACTOR shall provide a qualified supervisor for each crew at all times while Village of Wilmette Page 24 RFP No. 14-M-0016 working under this contract. Each supervisor shall be fluent in English and be authorized by the CONTRACTOR to accept and act upon all directives issued by the Village Manager's or their appointed representative. The CONTRACTOR shall notify the Village Manager's or their appointed representative prior to beginning work each day on this contract. At least one individual shall be responsible for monitoring the job site that has passed and received the "Certified Arborist" or"Certified Tree Worker" designation from the International Society of Arboriculture. Please provide the ISA certification number and classification type for all supervisory employees that may be associated with this contract. Individuals found not to be following the intent of these specifications shall be removed from the work site at the request of the Village Manager's or a representative thereof. Such individuals shall not be allowed to return to complete work on this contract. SITE CLEAN-UP The CONTRACTOR shall clean up each site where a parkway tree has been pruned. This shall include removal and disposal from the site of all debris at the end of each day's operation. NO DEBRIS MAY BE ALLOWED TO REMAIN ON THE PARKWAY MORE THAN 24 HOURS OR OVER THE WEEKEND WITHOUT PRIOR CONSENT FROM THE VILLAGE'S. Site cleanup shall include removal of sawdust, small twigs, chips, leaves, trunks and limbs from the street, curb, parkway, sidewalk, private lawns and driveways with the appropriate tools for the job. The site shall be returned to the same state it existed in prior to commencement of any work. The CONTRACTOR will be responsible for any costs associated with repairs that may be needed after completion of contractual tree removal. In the event of snowfall, debris must be immediately cleaned up so it does not interfere with VILLAGE'S snow plowing operations. WOOD AND DEBRIS DISPOSAL The CONTRACTOR is responsible for the disposal of all wood debris from a site and returning the site to its original state after pruning a parkway tree. Limbs, branches and/or trunks may be temporarily placed in the public right of way (parkway) in such a manner as to eliminate any obstruction, including site line, obstructions to motor vehicles and pedestrians. Brush and limbs cannot be stored or placed in a manner that obstructs any street, driveway or sidewalk. Under NO circumstances shall these materials be allowed to lie on the parkway overnight unless the Village Manager's or a representative thereof has granted specific permission. Violation of this will result in the VILLAGE'S assessing liquidated damages as specified within the contract. SAFETY STANDARDS In addition to those provisions set forth in the General Provisions, CONTRACTOR shall perform all Work in compliance with all applicable Federal, State and local laws and regulations, including but not limited to, the following: a. All equipment to be used and all work to be performed must be in full compliance with the most current revision of the American National Standards Institute Standard (ANSI) Z-133.1-2006, and ANSI A300 or as amended. Village of Wilmette Page 25 RFP No. 14-M-0016 b. Proper flag people, warning signs, barricades, and/or other protective devices must be provided by the CONTRACTOR. Traffic control shall be in compliance with the Manual of Uniform Traffic Control Devices and IDOT Standard Specifications. Sec. 900. Yellow flashing lights mounted on a vehicle shall not be deemed sufficient or adequate protection. Questions of sufficiency shall be resolved to the satisfaction of the Village Manager's or a representative thereof. During tree pruning operations, the CONTRACTOR shall have the responsibility to block the street at each intersection or appropriate section of the block using proper signage and barricades to prevent any motorized vehicle from entering. • For street closure the CONTRACTOR shall notify the Village of Buffalo Grove Public Works at 847-459-2545 or qu wr s y q.orq , and the Police Department at 847-459-2560. • The CONTRACTOR shall notify the Village of Wilmette at 847-853-7500 or at pu wor s wilmetteecom and at the Regional Emergency Dispatch Center (RED) at 847-724-5700 for street closure. The RED Center will then contact the Wilmette Fire and Police Departments. When pruning trees along State Roadways or County Roadways, the CONTRACTOR must obtain a permit from the appropriate authority. Normally, the road cannot be completely blocked off. Upon request, each of the VILLAGE'S will furnish maps denoting locations of state and county street jurisdictions within the respective VILLAGE'S limits. c. During tree pruning operations, sidewalks shall be properly barricaded and closed to the satisfaction of the Village Manager's or a representative thereof. More importantly, within school zone areas and other areas where many children are present - such as around day camps or day care areas — tree pruning shall not take place during normal commuting hours. Tree pruning shall be scheduled to minimize and avoid contact with large numbers of children walking to and from school, summer camps or day care. The Village Manager's or a representative thereof shall provide the CONTRACTOR with appropriate information regarding the school areas and times of these activities. DEMAND HOURLY SERVICES (NON-EMERGENCY) The CONTRACTOR will be required to perform additional services (tree removal or pruning) including, but not limited to, branch or log pickup, pruning of broken hanging branches, additional stumping services and removal of trees not located in a traditional parkway setting such as those located in alleys with wire conflicts. If such conditions exist, the Village Manager's or an appointed representative will notify the CONTRACTOR that demand hourly services are requested and work will be performed during normal working hours at the demand hourly rate. Upon notice, the CONTRACTOR will provide crew(s) and equipment to the site within two (2) business days (shortest notice response deadline) or an extended time frame as Village of Wilmette Page 26 RFP No. 14-M-0016 specified by the Village Manager's or appointed representative. Depending on the nature of service request, the crew size will vary; however, the CONTRACTOR must receive approval of crew size from the Village Manager's or appointed representative before commencing work. Demand hourly services shall be provided at an hourly rate per employee and include all labor, equipment and materials needed to perform the work to the satisfaction of the VILLAGE MANAGER'S or appointed representative. The hourly rate shall also include the cost to dispose of all tree debris and related materials — this includes all costs associated with the disposition of those materials. Payment will be made only for hours worked at the site. Hours spent traveling to and from the CONTRACTOR'S location to the VILLAGE'S (portal to portal) shall not be considered billable. Normal working hours occur between the hours of 8.00 AM and 5.00 PM, Monday through Friday. In the event that the successful BIDDER holds another contract with the VILLAGE'S that contains rates for demand hourly services (non-emergency), the lesser of the two rates shall apply. EMERGENCY/ DISASTER SERVICES Parkway trees may require immediate removal or pruning to ensure public safety (i.e. wind storms). If such conditions exist, the Village Manager's or a representative thereof will notify the CONTRACTOR that an emergency exists. Upon notice, the CONTRACTOR will provide crews to the site within 2 hours. When requesting emergency/disaster services, the CONTRACTOR shall provide, at minimum, a three (3) employee crew with one wood chip truck, brush chipper and one aerial truck. Emergency/disaster services shall be provided at an hourly rate per employee hour and include all labor, equipment and materials needed to perform the work to the satisfaction of the Village Manager's or appointed representative. The hourly rate shall also include the cost to dispose of all tree debris and related materials — this includes all costs associated with the disposition of these materials. Payment will be made only for hours worked at the site. No additional charges shall be included beyond the hourly rate charge and the hours charged must be substantiated in the invoice. A separate emergency rate for normal working hours and outside normal working hours emergency work shall be provided. Prices are non-negotiable, and no distinction between emergency, disaster, or catastrophe shall be made. Normal working hours occur between the hours of 8.00 AM and 5.00 PM, Monday through Friday. Payment for such emergency service outside normal working hours will be in accordance with the outside normal working hours' emergency rate on the bid form. Payment will be made for all hours worked at the site. Hours spent traveling to and from the CONTRACTOR'S location to the VILLAGE'S (portal to portal) shall not be considered billable. In addition to the equipment previously mentioned, the CONTRACTOR may be asked to provide additional wood chip trucks, brush chippers, aerial trucks, stump grinders, or trucks equipped with log grapple loaders. In the event that the successful BIDDER holds another contract with the VILLAGE'S that contains rates for emergency/disaster services, the lesser of the two rates shall apply. DEFINITION OF TERMS Village of Wilmette Page 27 RFP No. 14-M-0016 To avoid misunderstanding, the following terms throughout the specifications will be defined as follows: Watersprouts Bushy and undesirable growth of small shoots from the roots, from the trunk of a tree or from major limbs in close proximity to the trunk usually not following the general pattern of the tree. Interfering Branches Branches which are growing in contact with or within ten (10) feet of manmade structures or overhanging a structure. Objectionable Branches Branches which are growing in such a manner that they cause unnecessary crowding, or are undesirable if the natural form or shape of the tree is to be achieved, or are growing in a direction heading into the crown of the tree. Young Tree A parkway tree that measures up to 12 inches in diameter when measured at 4'/feet above the ground surface. Medium Tree A parkway tree that measures between 12 and 24 inches in diameter when measured at 4'/feet above the ground surface. Mature Tree A parkway tree that measures 25 inches in diameter and greater when measured at 4'/feet above the ground surface. PRUNING OPERATIONS In order to satisfy the following provisions, the CONTRACTOR shall perform pruning operations through the act of tree climbing in conjunction with aerial equipment, as needed. Additionally, all pruning shall be in accordance with most current American National Standards Institute standards, ANSI A300 (2008) and all its supplements. a. CLEANING Cleaning shall be conducted and completed before beginning clearance and structural pruning. Remove all dead, dying, diseased, interfering, objectionable, and weak branches, located in the canopy, that are one (1) inch in diameter or greater. Never remove the swollen expanding branch collar growing around the base of dead, dying branches. Village of Wilmette Page 28 RFP No. 14-M-0016 Any broken, cracked or smashed branches located in the canopy shall be removed or shortened to either a lateral branch that is at least 1/3 the diameter of branch removed or back to the main trunk. Suckers and water sprouts located within the canopy of a parkway tree shall not be entirely removed. Instead, one third (1/3) of the sprouts shall be removed, another third (1/3) shall be reduced and the final third (1/3) shall remain. At the base of each parkway tree, any dead, dying, diseased, broken branches and water sprouts shall be removed. b. CLEARANCE Remove branches to achieve clearance of fourteen (14) feet on the street side of the tree and eight (8) feet on the sidewalk or pedestrian side of the tree. Remove branches to achieve clearance of ten (10)feet over buildings, houses and garages. In order to achieve proper clearance, encroaching lower branches shall be subordinated to a lateral branch that is at least 1/3 the diameter of branch removed or pruned back to the main trunk. Because of weight loads from summer foliage, dormant branches may need to be cleared an additional foot or two above fourteen (14), eight (8) and ten (10) feet respectively in order to achieve necessary clearances. Lower branches that meet proper clearance heights and have diameters greater than 1/3 of the trunk's diameter shall not be ignored and instead be reduced in order to slow down growth and reduce competition with the leader. Use reduction cuts and shorten branches to laterals that are at least 1/3 the diameter of the cut branches. Pruning shall be conducted in a manner that maintains the crown shape and symmetry typical of the species being pruned. C. STRUCTURAL The pruning and thinning of branches shall result in an even distribution of secondary and tertiary branches along each corresponding primary branch and not the grouping of branches (lion's tailing) at the tip of a primary branch. Without leaving large gaps in the canopy, remove all interfering branches, crossing or rubbing branches and any close parallel branches that are competing for similar space within the canopy. Thinning of the canopy shall not involve the removal of more than 25% of the live foliage at one time for young and medium aged trees. Village of Wilmette Page 29 RFP No. 14-M-0016 Pruning shall be conducted in a manner that promotes and maintains a strong central leader through the reduction or removal of competing leaders. In cases of structurally weak W" branch unions, located in trees with a dbh greater than 12 inches, the contractor shall contact the DIRECTOR to determine mode of action. Species, age, size and condition can affect choice of action. Actions may include: removal of one branch back to the base of included bark, reduction cut on less vigorous branch or the subordination of one branch to a lateral branch. Remove one branch of all structurally weak W" branch unions occurring along the main trunk or developing within the tree crown on all trees up to 12 inches dbh. Special attention shall be given to the effects that removal of such branches will have on the ultimate form of the tree. Crown restoration measures shall be used when pruning a parkway tree that has been severely topped, vandalized or damaged from storms in order to increase tree structure, form and appearance. d. MATURE TREES Thinning of the canopy shall not involve the removal of more than 15% of the live foliage at one time for mature trees, except pruning that reduces the severity of structural defects. Remove all dead, dying and diseased branches that are one (1) inch in diameter or greater. Majority of pruning cuts shall occur on tertiary and quaternary branches. No interior live and healthy branches greater than four (4) inches diameter shall be removed. Live and healthy branches that are a 1/3 the diameter of the trunk and greater shall not be removed without approval from the DIRECTOR. e. PRUNING CUTS AND TOOLS Each pruning cut shall be made carefully, at the proper location, leaving a smooth surface with no jagged edges or torn bark. All final pruning cuts shall be made just to the outside of the "branch collar"; sufficiently close to the trunk or parent limb, without cutting into the branch collar, trunk or leaving a protruding stub. This will result in the slow movement of decay, preservation of the branch protection zone and a branch wound that can successfully begin normal callus and woundwood formation. Village of Wilmette Page 30 RFP No. 14-M-0016 When the branch collar is absent, the pruning cut shall be made along a line which bisects the angle between the branch bark ridge and an imaginary line perpendicular to the leader or the branch being removed. The face of the branch collar pruning cut or wound area shall be circular in form and not oval. "Flush" pruning cuts to the main stem or behind the branch collar are PROHIBITED. Pruning cuts shall be conducted in a manner that results in even wound sides and not "dog ear" ridges on one side or another. Clean pruning cuts shall be made at all times without leaving any stubs. All limbs to be removed shall be cut in such a manner so as to prevent any ripping or tearing of the branch or trunk wood, located on the parent or remaining stem. All removed branches that are four (4) inches in diameter or greater shall be cut using the three-cut pruning method. All cut limbs shall be brought to the ground in such a manner as to prevent any damage to real or personal property, regardless if it is publicly or privately owned. Proper tools for pruning shall be used for each cut. Chainsaws shall not be used to remove live branches that are less than two (2) inches in diameter. Acceptable pruning equipment includes: hand pruners, lopers, hand saws, pole saws and chainsaws. No person working in a parkway tree shall use spikes or any other footwear which will, in the opinion of the DIRECTOR injure the tree. PRUNING OF ELM TREES American elm (Ulmus Americana) and other non-disease resistant elm species (Ulmus spp.) shall be pruned only between October 15 and April 15. At the discretion of the DIRECTOR, an elm may be pruned outside of this time period to mitigate an immediate hazard. Pruning paint shall be applied to all cuts and wounds on diseased susceptible elm species when pruned during the growing season. WORKING HOURS a. Village of Buffalo Grove All maintenance and tree pruning services shall be provided between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Unless emergency services are needed, no work will be done during Village Holidays. The Contractor will observe holidays in accordance with the Village's official holiday schedule. The current holiday schedule, which is subject to change by the Village, is as follows: New Year's Day (January 1 st) Village of Wilmette Page 31 RFP No. 14-M-0016 Memorial Day Independence Day Labor Day Veterans' Day (Public Works Department only) Thanksgiving Day Day after Thanksgiving Christmas Eve (December 24th) Christmas Day (December 25th) Any emergency services needed are to be provided with 90 minutes of notification. Provide a 24-hour emergency telephone number to contact a representative in case of emergency. b. Village of Lincolnshire All maintenance and tree pruning services shall be provided between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Unless emergency services are needed, no work will be done during Village Holidays. The Contractor will observe holidays in accordance with the Village's official holiday schedule. The current holiday schedule, which is subject to change by the Village, is as follows: New Year's Day (January 1 st) Memorial Day Independence Day Labor Day Veterans' Day (Public Works Department only) Thanksgiving Day Day after Thanksgiving Christmas Eve (December 24th) Christmas Day (December 25th) Any emergency services needed are to be provided with 90 minutes of notification. Provide a 24-hour emergency telephone number to contact a representative in case of emergency. c. Village of Wilmette All maintenance and tree pruning services shall be provided between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday; however, when given prior approval by the Director (at least 48 hours prior to commencing work) pruning operations may also occur on Saturdays between the hours of 9 a.m. and 6p.m. No work is to be performed on Sunday or the holidays listed below. Except in an emergency, work at all other times is not permitted unless authorized by the Director. The Contractor will observe holidays in accordance with the Village's official holiday schedule. The current holiday schedule, which is subject to change by the Village, is as follows: Village of Wilmette Page 32 RFP No. 14-M-0016 New Year's Day (January 1 st) Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day (December 25th) The Director reserves the right to determine where and when the Contractor can work if it is determined that the work will result in unsafe conditions. For example, working near a school before school begins in the morning or after school ends in the afternoon. In cases such as these, it may be agreed upon by the Director and the Contractor to schedule work at specific times in order to alleviate safety concerns. STATISTICAL INFORMATION Municipality Village of Village of Village of Buffalo Grove Lincolnshire Wilmette Total 19,578 5,773 16,966 # Parkway Trees Total Miles of Streets 114 40.0 87.8 (center lane) Tree distribution by genus (%) Acer(maple) 21.50 14.12 26.80 Celtis (hackberry) 2.00 1.02 4.30 Fraxinus (ash) 22.58 9.35 2.90 Gleditsia (honeylocust) 23.23 3.60 9.50 Malus (crabapple) 3.00 6.89 4.50 Quercus (oak) 2.00 14.86 14.20 Tilia (linden) 10.00 2.20 8.90 Ulmus (elm) 3.00 4.69 8.60 Totals - All other genus 12.69 43.27 24.80 ADDITIONAL INFORMATION It is recommended that BIDDERS visit each of the VILLAGE'S (Buffalo Grove, Lincolnshire and Wilmette) and become familiar with the surroundings and circumstances before submitting a bid. In submitting a proposal, it is presumed that the BIDDER is Village of Wilmette Page 33 RFP No. 14-M-0016 familiar with the tree coverage of each of the VILLAGE'S and has knowledge of any condition which would be readily apparent had such a visit been made. To arrange to visit the site or request additional information or clarification of the specifications, contact the following person(s) during the normal working hours of 7:00 am to 3:00 pm: Kevin Sorby or John Kemppainen Village Foresters Village of Wilmette Public Works Facility 711 Laramie Ave., Wilmette, Illinois 60091 Tel: (847) 853-7600 Email: forestry wilmette.com Scott Pippen Superintendent of Administration, Fleet Services and Facilities Village of Lincolnshire One Olde Half Day Road Lincolnshire, IL 60069 Tel: (847)-913-2382 Email: sgigge vi I laqeof I incoinsh ire.i1.us Michael K. Skibbe Deputy Director of Public Works Village of Buffalo Grove 51 Raupp Blvd. Buffalo Grove, IL 60089 Tel: (847)-459-2545 Email: mskibbe(d)-vbg.org Village of Wilmette Page 34 RFP No. 14-M-0016 PRICING PROPOSAL - TREE PRUNING CONSORTIUM - RFP 14-M-0016 1. Pruning Per Specification: Item Description Estimated Estimated Unit Price Item No. Diameter classes Quantities Total Diameter Extended Price (DBH) (trees) (DBH) (per DBH) 1 1-6 inches 1,013 3,546 $ $ 2 7-12 inches 1,634 15,523 $ $ 3 13-20 inches 852 14,058 $ $ 4 21-28 inches 223 5,464 $ $ 5 29-36 inches 72 2,340 $ $ 6 37 inches or greater 56 2,072 $ $ TOTAL BASE BID (Village of BUFFALO GROVE) $ Item Description Estimated Estimated Unit Price Item No. Diameter classes Quantities Total Diameter Extended Price (DBH) (trees) (DBH) (per DBH) 1 1-6 inches 180 630 $ $ 2 7-14 inches 300 3,150 $ $ 3 15-24 inches 260 5,070 $ $ 4 25-36 inches 195 5,948 $ $ 5 37 inches or greater 25 925 $ $ TOTAL BASE BID(Village of LINCOLNSHIRE) $ Item Description Estimated Estimated Unit Price Item No. Diameter classes Quantities Total Diameter Extended Price (DBH) (trees) (DBH) (per DBH) 1 1-6 inches 0 0 $ $ 2 7-14 inches 709 7,445 $ $ 3 15-24 inches 746 14,547 $ $ 4 25-36 inches 291 8,876 $ $ 5 37 inches or greater 54 1,998 $ $ TOTAL BASE BID(Village of WILMETTE) $ Village of Wilmette Page 35 RFP No. 14-M-0016 2. Cost For Demand Hourly Services (non-emergency); The Contractor shall provide tree removal assistance for Demand Hourly Services (non-emergency) per specifications shown in this RFP. During Normal Working Hours (Village of Buffalo Grove): $ Per Employee Hour (includes equipment and wood disposal) During Normal Working Hours (Village of Lincolnshire): $ Per Employee Hour (includes equipment and wood disposal) During Normal Working Hours (Village of Wilmette): $ Per Employee Hour (includes equipment and wood disposal) 3. Cost For Emergency Hourly Services: The Contractor shall provide tree removal assistance for Emergency Service per specifications shown in the RFP. During Normal Working Hours (Village of Buffalo Grove): $ Per Employee Hour (includes equipment and wood disposal) Outside Normal Working Hours (Village of Buffalo Grove): $ Per Employee Hour (includes equipment and wood disposal During Normal Working Hours (Village of Lincolnshire): $ Per Employee Hour (includes equipment and wood disposal) Outside Normal Working Hours (Village of Lincolnshire): $ Per Employee Hour (includes equipment and wood disposal During Normal Working Hours (Village of Wilmette): $ Per Employee Hour (includes equipment and wood disposal) Outside Normal Working Hours (Village of Wilmette): $ Per Employee Hour (includes equipment and wood disposal 4. Equipment: Attach a list of equipment which the bidder proposes to use on this contract. Indicate if the bidder owns the equipment or plans to rent or otherwise has access to use. The Contractor affirms that the prices quoted above include all equipment, materials, labor, services, personnel, tools, machinery, utilities, supplies, insurance, bonds, supervision, overhead expense, profits, appliances, transportation and delivery charges, temporary facilities, licenses, permits and all other appurtenances, facilities and incidentals reasonably inferred as necessary to complete the Work in a timely and workmanlike manner all in accordance with TREE PRUNING CONSORTIUM, RFP No. 14-M- 0016. Any and all exceptions to these specifications MUST be clearly and completely indicated below. Attach additional pages if necessary. Village of Wilmette Page 36 RFP No. 14-M-0016 EXCEPTIONS TAKEN: F-1 NO 1-1 YES (List below) Do you currently hold any VILLAGE'S contracts? 1:1NO El YES (list below) Village of Wilmette Page 37 RFP No. 14-M-0016 ISA Arborist Certification numbers included: FINO r YES (List below) IDOA EAB Compliance Agreement attached? F-1 NO [—] YES IDOA Thousand Cankers Disease Compliance Agreement attached? F-1 NO [—] YES NOTE TO BIDDERS: Please be advised that any exceptions to these specifications may cause your proposal to be disqualified. Submit proposals by SEALED ENVELOPE ONLY. Fax and e-mail proposals are not acceptable and will not be considered. Village of Wilmette Page 38 RFP No. 14-M-0016 TREE PRUNING CONSORTIUM REQUEST FOR PROPOSAL NO. 14-M-0009 BID PROPOSAL I/We hereby agree to furnish to the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette, IL all necessary materials, equipment, labor, etc. to complete TREE PRUNING CONSORTIUM in accordance with provisions, instructions shown, for the prices indicated, as follows: 1. CONTRACTOR INFORMATION Company Name: Address: City, State, Zip Code: Bidder affirms that the prices quoted above include all equipment, materials, labor, services, personnel, tools, machinery, utilities, supplies, insurance, bonds, supervision, overhead expense, profits, appliances, transportation and delivery charges, temporary facilities, licenses, permits and all other appurtenances, facilities and incidentals reasonably inferred as necessary to complete the Work in a timely and workmanlike manner all in accordance with the RFP and Contract Documents. Note: It is the VILLAGE'S intention to award this contract to the lowest responsible and eligible Bidder based on the cost of the Total Bid Proposal. The VILLAGE'S also reserve the right to reject any or all proposals, and to waive technicalities in the bid/award process. Signed on this day of 2014. If an individual or partnership, all individual names of each partner shall be signed: By...................... : Print Name........ : Position/Title ..... : By...................... : Print Name........ : Position/Title ..... : Village of Wilmette Page 39 RFP No. 14-M-0016 Company Name Address line 1 ... Address line 2 ... E-Mail Address.. Telephone......... : If a corporation, an officer duly authorized should sign and attach corporate seal PLACE CORPORATE SEAL HERE By ............................. Print Name..............: Position/Title............. Company Name......: Address line 1 ........... Telephone................. Village of Wilmette Page 40 RFP No. 14-M-0016 BIDDER'S CERTIFICATION FORM TREE PRUNING CONSORTIUM REQUEST FOR PROPOSAL NO. 14-M-0016 (Name of Bidder), having submitted a proposal for a contract for TREE PRUNING CONSORTIUM to the VILLAGE'S of Buffalo Grove, Lincolnshire and Wilmette, IL hereby certifies that said BIDDER is not barred from bidding on the aforementioned contract as a result of a violation of either 720 ILCS 5/33E-4 or 720 ILCS 5/33E-5 or of any similar statute of another state or of a federal statute containing the same or similar elements. By: Authorized Agent of BIDDER Subscribed and sworn to before me this day of 2014 Notary Public: Village of Wilmette Page 41 RFP No. 14-M-0016 PERFORMANCE REFERENCE FORM REQUEST FOR PROPOSAL NO. 14-M-0016 Each BIDDER must supply three (3) names, addresses, telephone numbers and names of persons representing municipalities; to contact as performance references. Company Name............. Address........................ City & State.................... Telephone Number........ Person to Contact........ E-Mail Address............... Company Name............. Address........................ City & State.................... Telephone Number........ Person to Contact........ E-Mail Address............... Company Name............. Address........................ City & State.................... Telephone Number........ Person to Contact........ E-Mail Address............... Village of Wilmette Page 42 RFP No. 14-M-0016 APPENDIX ONE VILLAGE OF WILMETTE CONTRACT DOCUMENT NUMBER 14-M-0016 This agreement is made this day of , 2014, between and shall be binding upon the Village of Wilmette, an Illinois municipal Corporation hereinafter referred to as the "VILLAGE" and Hereinafter referred to as the "CONTRACTOR" and its successors. Witnessed, that in consideration of the mutual promises of the parties delineated in the contract documents, the CONTRACTOR agrees to perform the services, and the VILLAGE agrees to pay for the following services as set forth in the contract documents: The proposed work is officially known as "TREE PRUNING CONSORTIUM" and all as further described in the contract documents. This contract shall embrace and include the entire applicable contract documents as shown in the RFP Document for Contract Document Number 14-M-0016 for TREE PRUNING CONSORTIUM. 1. The Village agrees to pay, and the CONTRACTOR agrees to accept as full payment such sums as delineated in accordance with the General Provisions. 2. The CONTRACTOR shall commence work under this Contract upon written Notice to Proceed from the VILLAGE. 3. Pursuant to the provisions of Section 5 of the Mechanics' Lien Act of Illinois, prior to making any payment on this contract the VILLAGE demands that the CONTRACTOR furnish a written statement of the names of all parties furnishing labor and/or materials under this Contract and the amounts due or to become due on each. This statement must be made under oath or be verified by affidavit. Final payment shall not be issued by the VILLAGE nor shall any retained percentage become due until releases and waivers of lien have been supplied as the VILLAGE designates. 4. This Contract represents the entire Agreement between the parties and may not be modified without the written approval of both parties. Village of Wilmette Page 43 RFP No. 14-M-0016 IN WITNESS WHEREOF, the Village of Wilmette, Illinois by Robert T. Bielinski, Village President, and the CONTRACTOR have hereunto set their hands this day of 2014 If an individual or partnership, all individual names of each partner shall be signed or if a corporation, an officer duly authorized shall sign here: Accepted this day of , 2014 Individual or Partnership Corporation By Position/Title By Position/Title Print Company Name THE VILLAGE OF WILMETTE, ILLINOIS Accepted this day of , 2014 Robert T. Bielinski, Village President Attest: Timothy J. Frenzer, Village Clerk Village of Wilmette Page 44 RFP No. 14-M-0016 CONTRACTOR'S CERTIFICATION having been first duly sworn depose and states as follows: 1. having submitted a proposal for TREE PRUNING CONSORTIUM to the Village of Wilmette, hereby certifies that said CONTRACTOR has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A) (4). 2. is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, or if it is: a. it is contesting its liability for the tax or the amount of tax in accordance with procedures established by the approve Revenue Act; or b. it has entered into an agreement with the Department of Revenue for payment of all taxes due and is currently in compliance with that agreement. By: Authorized Agent of CONTRACTOR Subscribed and sworn to before me this day of 2014 Notary Public: Village of Wilmette Page 45 RFP No. 14-M-0016 CONTRACTOR'S DRUG-FREE WORKPLACE CERTIFICATION The undersigned is an authorized representative of Name of Company: and certifies that they will comply with all requirements Pursuant to Chapter 30, Section 580/1 of the Illinois Compiled Statutes (30 ILCS 580/1) et. Seq. entitled "Drug Free Workplace Act"; the undersigned CONTRACTOR hereby certifies to the contracting agency that it will provide a drug-free workplace by: 1. Publishing a statement: a. Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's of CONTRACTOR'S workplace. b. Specifying the actions that will be taken against employees for violations of such prohibition. c. Notifying the employee that, as a condition of employment on such contract or grant, the employee will: d. Abide by the terms of the statement; and e. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. 2. Establishing a drug free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the grantee's or CONTRACTOR'S policy of maintaining drug free workplace; c. any available drug counseling, rehabilitation, and employee assistance program; and d. The penalties that may be imposed upon employees for drug violations. 3. Making it a requirement to give a copy of the statement required by subsection (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 4. Notifying the contracting agency within 10 days after receiving notice under part (B) of paragraph (3) of subsection (a) from an employee or otherwise receiving actual notice of such conviction. 5. Imposing a sanction on, or requiring the satisfactory participation in a drug assistance or rehabilitation program by any employee who is so convicted, as required by Section 5 (30 I LCS 580/5) of the Act. 6. Assisting employees in selecting a course of action in the event drug counseling treatment, and rehabilitation is required and indicating that a trained referral team in place. 7. Making a good faith effort to continue to maintain a drug free workplace through implementation of this Section. 8. Failure to abide by this certification shall subject the CONTRACTOR to the penalties provided in Section 6 (30 ILCS 580/6) of the Act. Signed: Title/Position: Subscribed and sworn to before me this day of , 2014 Notary Public: Village of Wilmette Page 46 RFP No. 14-M-0016 NATIONAL SECURITY/USA PATRIOT ACT Pursuant to the requirements of the USA Patriot Act and applicable Presidential Executive Orders, CONTRACTOR represents and warrants to the Village of Wilmette that neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated National and Blocked Person. CONTRACTOR further represents and warrants to the Village of Wilmette that CONTRACTOR and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specially Designated National and Blocked Person. CONTRACTOR hereby agrees to defend, indemnify and hold harmless the Village of Wilmette, its Corporate Authorities, and all Village of Wilmette elected or appointed officials, officers, employees, agents, representative, engineers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the foregoing representations and warranties. CONTRACTOR further represents and warrants it is not acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and that CONTRACTOR is not engaged in this transaction directly or indirectly on behalf of or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity, or nation. CONTRACTOR hereby agrees to defend, indemnify, and hold harmless the Village of Wilmette, its Corporate Authorities, and all Village of Wilmette elected or appointed officials, officers, employees, agents, representative, engineers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the foregoing representation and warranty. CONTRACTOR Date Village of Wilmette Page 47 RFP No. 14-M-0016 PERFORMANCE BOND BE IT KNOWN TO ALL PERSONS that: (Name of Contractor) (Address) hereinafter referred to as "Principal' and, (Name of Surety) (Address) hereinafter referred to as "Surety" are held and firmly bound unto the Village of Wilmette, 1200 Wilmette Avenue, Wilmette, Illinois, 60091 (hereinafter referred to as "Owner") as herein provided. THE CONDITION OF THIS OBLIGATION is such that Principal and Surety agree to bind themselves, successors, executors, administrators and assigns, jointly and severally, for the full and faithful performance of Contract No. 14-M-0004 dated the day of 2014, (hereinafter referred to as the "Contract")(a copy of which is attached and incorporated by reference as though fully set forth herein) for the 2014 SEWER REPAIR AND VALVE INSTALLATION PROGRAM ("Work") in accordance with the Contract Documents. NOW, THEREFORE, if the Principal shall well, truly, fully and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, including its agreement to guaranty and maintain said Work for a one (1) year period following final payment to such Principal, and if Principal shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then the amount of this Bond shall be reduced to ten percent (10%) of the amount set forth on the first page hereof for a period of one (1) year; otherwise to remain in full force and effect. PROVIDED FURTHER, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or to the Contract Documents accompanying the same, shall in any way affect its obligation on this Bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the Work or to the Contract Documents. Village of Wilmette Page 48 RFP No. 14-M-0016 PROVIDED FURTHER, that no final settlement between the Owner and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original and this the day of 2014. ATTEST: (Principal) By: ATTEST: (Surety) By: NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the state where the Work is located. Village of Wilmette Page 49 RFP No. 14-M-0016 PAYMENT BOND BE IT KNOWN TO ALL PERSONS: that (Name of Contractor) (Address) hereinafter referred to as "Principal' and, (Name of Surety) (Address) hereinafter referred to as "Surety" are held and firmly bound unto the Village of Wilmette, 1200 Wilmette Avenue, Wilmette, Illinois, 60091, (hereinafter referred to as "Owner") in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, Principal entered into Contract No 14-M-0004 with the Owner, dated the day of 2014, a copy of which is hereto attached and made a part hereof for the 2014 SEWER REPAIR AND VALVE INSTALLATION PROGRAM ("Work"). NOW, THEREFORE, if Principal shall promptly make payment to all persons, firms, subcontractors, corporations and others furnishing materials for or performing labor in the prosecution of the Work provided for in such Contract or the Contract Documents, and any authorized extension or modification thereof, including, but not limited to, all amounts due for services, inspections, supplies, materials, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed hereunder or the Contract Documents accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Contract Documents. Village of Wilmette Page 50 RFP No. 14-M-0016 PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. APPROVED this day of 2014. VILLAGE OF WILLMETTE BY: ATTEST: Village President Village Clerk WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original on the dates stated herein. Accepted this day of 2014. (Principal) By: Name/Title Accepted this day of 2014. (Surety) By: Name/Title NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular No. 570 as amended) and be authorized to transact business in the State of Illinois. Village of Wilmette Page 51 RFP No. 14-M-0016 APPENDIX TWO: VILLAGE'S LOCATION MAPS r Air AI r GLF �I Village of Wilmette Page 52 RFP No. 14-M-0016 f �I uF L 21 10 I tij ii M E �i riaft ro ru w a _.CL ( I - g a cis rn w;z r.. �i 0 r r,.a w r . ; 2 j �4CL Village of Wilmette Page 53 RFP No. 14-M-0016 END OF DOCUMENT Village of Wilmette Page 54