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2017-05-01 - Village Board Committee of the Whole - Agenda PacketT Meetin of the Villa a of Buffalo Grove Fifty Raupp Blvd ggBuffalo Grove, IL 60089-2100 Village Board Phone: 847-459-2500 Committee of the Whole May 1, 2017 at 7:45 PM Call to Order A. Pledge of Allegiance 2. Special Business A. Update on the Community Foundation (Trustee Weidenfeld) (Staff Contact: Evan Michel) B. Discussion of an Intergovernmental Agreement Between the Village of Buffalo Grove and PACE (Trustee Johnson) (Staff Contact: Andrew Brown) C. Discuss Agreement for Sidewalk Crossing Railroad in Aptakisic Road Right -Of -Way (Trustee Berman) (Staff Contact: Darren Monico) D. Update on the National Citizen Survey (President Sussman) (Staff Contact: Evan Michel) E. Discussion Regarding Cook County Minimum Wage and Sick Leave Mandates (Trustee Ottenheimer) (Staff Contact: Chris Stilling) F. Green Fleet Program Evaluation (Trustee Stein) (Staff Contact: Michael Reynolds) 3. 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. 4. 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. 2.A Information Item : Update on the Community Foundation ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Maggie Morales, Manager of Community Engagement and Miah Armour, Executive Director of the Lake County Community Foundation will present the benefits of a Donor Advised Fund compared a private 501c3. The policy question before the Village Board is "to advise staff which is the preferred tool, a Donor Advised Fund or Private 501 c3, for the establishment of a Buffalo Grove Community Fund/Foundation." ATTACHMENTS: • DAF Presentation Template_2017short (PDF) • DAF vs Private Foundation_2017 (PDF) Trustee Liaison Weidenfeld Monday, May 1, 2017 Staff Contact Evan C Michel, Office of the Village Manager Updated: 4/27/2017 2:31 PM Page 1 Packet Pg. 2 /uoin;epuno.1 A;!unwwo:o : 6880 PO4sL�OZ—aleldwo.L uOlMuOsWd JVO :lu9wLjOeUv C:3 E z EE 4) .he 0 U, 0 f. 0 cl cc U a. jj_ ca, '1JJI1 LIJ ��r�w LJJ 0 10 a ill -%0001111 L:Ju I OPIUM// fffffffffflllllllllllll LqL U Uj) LV) 1111111111111110 ma(i, 0 '1 mwm °'�;'��'I��' VF" 10 r,J /uo!n;epuno.1 A;!unwwo:o 6880 :PO4sL�OZ-ejejdwa.L uORe4u8s8-d JVO :1u9wL1Oejjv U� III to, QN) co 0 10 44-j La Z' a. . ......................... CD 0 LIJ m. MMMU11111111 0 Z-,:) C) ... irn 4-j u LJJ 11110 0 111111111m%"001111 CIIIHIM Ou"I'l I 61111111 0 to Lu cc 0 4-1 co IIIIIIIIII 0 U Q) COIL . .................... 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E all (z) �Vm1lllllll1lll)I llll ji( ) I Illuu I IIIII(iII IIIIIIIIIIIIII II IIIIIIIIIIII IIII III ulllllllllllllll II Illlllu�l" � `'"'" III ooml II Illliulllllllllllllll, twi l � t.I "lulllllllllllll" IIIII IIIIIIIII�I ° �,„ Lu(IIIII IIII � II, tWI o ��mlllWrm o,Glllllllllllll, ��G�IIIIII, n+rlllllllllllll �III�III Illml Illllr I�Illllllr I II"Illllr dYH')i)lGrl UWl / nl�llf J 0 AIIIIIIIIIIIG N,lrll I I{�l�p�lrl� I I I I I U V,nrl l I I I`31VIy'rl I�j I I I I I � �rmlllllllllll OUHlylllllp,/J/p �G1rll, lL} (IIIIIII� omrrrnllff0l�q ullun lnlll114"llllll VVjjl�'�nmllw ��IIIUilllllll mm 'col Illy w'mlllllll'illlalllll �" �IIIIIIIIIIII! °'/rmo 0oolmmm UJimll moo uoou, uu �r �romur'"'U l/r000000u °� °�00000lu Illlu �OIII �� rroIIIWU dllllr�i (�1 IlllunnUp�g '�r°UlymnuAl� MM 11111% THE I-AKE COUNTY L COMMUNITY FOUNDATION Elm RM11111111111 1, An affiHate cJ The Chicagi'.) Cornrrajnoty Trust CornIII,:Y)arfro nj of Doriot AdvkE111 wrtd III )riivate IbR iu rij d at o� o iii t s DONOR ADVISED FUNDS PRIVATE FOUNDATIONS Fund Basis A component fund of The Lake County An independently organized not -for -profit Community Foundation. corporation or trust. Tax Status Shares the public charity status of The Must apply for tax exemption from the IRS. Lake County Community Foundation. Ease of Creation No establishment costs. May be Full corporate start-up costs plus legal, accounting Costs/Timing created in one day. and filing costs. Lengthy IRS approval. Assets Required $10,000 or more. Substantial assets required. Charitable Tax deduction of up to 50% of adjusted Tax deduction is limited to 30% of adjusted gross Deduction of Cash gross income. income. Gifts Charitable Tax deduction for full fair market value, Tax deduction limited to original cost basis, up to Deduction of including closely held stock, up to 30% 20% of adjusted gross income. Only listed Appreciated of adjusted gross income. securities deductible at fair market value. Property Control of Individual, family or committee makes Complete control is retained over investments and Assets and grant recommendations. Final grant making, subject to meeting IRS Grants decisions rest with The Lake County requirements. Community Foundation. Duration Two generations typically. Perpetual. U_ .2 ca U_ E E 0 00 00 Q 04 r_ .2 M 0 U_ ca U_ E ca (Over) Packet Pg. 14 2.A.b DONOR ADVISED FUNDS PRIVATE FOUNDATIONS Fund None mandatory -no minimum payout Approximately 5% of net investment value must Distributions required. be paid out for charitable purposes annually. Prohibition against grants to support lobbying. Restriction on scholarship and research grants. Confidentiality Name of donors need only be revealed Asset balances, names/addresses of directors and to the IRS. contributors, grants, investments, fees and salaries must be made public through 990-PF. Grant Making Staff expertise in identifying recipients, Trustees must perform, contract or hire for these Management proposal review and performance services. evaluation. .60% of the fund's net asset value Administration can be costly. Annual Costs Annual Tax Filing Tax filing and administration is handled Must be filed by the foundation, with required and Administration through the Foundation. supporting schedules. No federal investment requirements; Foundation must research and secure its own Investments no equity concentration restrictions; investments. Certain types of investments opportunity to participate in prohibited. investment pools. _ LL c 0 .3 ca _ 0 U_ c E E 0 U 0 ao 00 0 N i _ 0 0 c 0 0 U_ d c�a •L a Packet Pg. 15 2.B Information Item : Discussion of an Intergovernmental Agreement Between the Village of Buffalo Grove and PACE ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. The Village of Buffalo Grove is nearing the expiration of a land agreement with PACE for the use of ninety parking spaces attached to the bus turnaround on Commerce Court. Staff is seeking feedback from the Village Board regarding the terms of a future IGA. ATTACHMENTS: • PACE Lot 4.26.17 (DOCX) Trustee Liaison Johnson Monday, May 1, 2017 Staff Contact Andrew Brown, Finance Updated: 4/27/2017 2:29 PM Page 1 Packet Pg. 16 2.B.a WI[.1 C f OF Om )FFALO GROVE TO: Scott D. Anderson, Director of Finance and General Services FROM: Andrew Brown, Deputy Director of Finance DATE: April 26, 2017 RE: Update on negotiations with PACE for parking lot use im Overview The Village of Buffalo Grove is nearing the expiration of a land agreement with PACE for the use of ninety parking spaces attached to the bus turnaround on Commerce Court. The IGA was negotiated twenty years ago and reflected the needs of a commuter rail station with only 400 parking spaces and the anticipation of more service added to North Central Line. During the tenure of the expiring agreement and in anticipation of additional services and commensurate growth in commuters, Metra expanded the depot and added 700 additional parking spaces. The additional lines never materialized and the parking lot is parked at approximately a third of its capacity. The service need of those ninety PACE lot spaces does not exist. Need for Spaces The Village has initiated discussions with PACE regarding the expiring lease agreement. Under the current agreement, the Village maintains the lot and pays a portion of the parking fees collected at the Metra station to PACE for the use of that lot for commuter parking. Last year's payments to PACE totaled $17,809 or 8.4 percent of the parking lot fund budget. The Village maintenance includes grass cutting, snow plowing, parking lot maintenance, upkeep of the bus patron/driver facilities, and other obligations. It is staff s position that the Village no longer needs the 90 spaces that are maintained and paid for to PACE due to the construction of the new spaces which results in empty spaces every day in the lot. Staff requested a meeting with the contract team from PACE so that both parties could negotiate in person to expedite a new agreement. Nancy Zimmer, attorney for PACE, declined an in person meeting with the Village and requested a redlined version of the contract for PACE to review. During that call I reiterated the Village's position and the importance of continuing the strong relationship between both parties. Other Agreements In an effort to find out what other communities are doing along Metra rail lines I reached out to twenty one municipalities. Three communities responded as having parking agreements with another entity. Two communities provided their agreements, and none of those agreements are with PACE. A summary of what was provided by each community has been provided below. Packet Pg. 17 2.B.a Deej feld Deerfield renegotiated the terms of the original IGA with Metra from $7,440 to $10 per year for use of two hundred ninety spaces on Metra property. Deerfield was, and will still be responsible for all maintenance, from rehab to reconstruction in the lots. Deerfield offers seven hundred seventy spaces in total. The parking fees collected are all kept by Deerfield and used to offset the maintenance and operation costs associated with the lots. Park Ridge Park Ridge has an IGA with Union Pacific. Park Ridge pays Union Pacific thirty three percent of the parking revenue and maintains the parking lot. Park Ridge provides about two hundred twenty five spaces between two train stations. Half of the spaces are leased from Union Pacific and another eighty from a private company. The city owns less than forty spaces. Based on the 2016 estimated actuals for parking revenues from the 2017 budget, Park Ridge will pay Union Pacific about $75,000 for the use of their spaces. Tinley Park The original agreement between Tinley Park and Metra was a revenue share of parking fees while the Village was responsible to maintain the lot. More recently, the Village renegotiated with Metra to stop paying them directly. Now a portion of the fees are set aside for current and future lot maintenance. Conclusion Staff will be working with Bill Raysa to provide PACE a redlined version of the agreement to submit to PACE. Staff intends to submit a revised version of the lease that is more equitable in the cost charged on the spaces that, albeit are a convenience to commutes given the proximity to the platform, are not a business necessity given the static service levels provided by Metra. Please feel free to contact me if you would like to discuss this in further detail. Packet Pg. 18 2.0 Information Item : Discuss Agreement for Sidewalk Crossing Railroad in Aptakisic Road Right -Of -Way ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Staff recommends discussion of a sidewalk crossing the Railroad on Aptakisic Road and whether the liability outweighs the need for the sidewalk crossing. ATTACHMENTS: • 2017 Aptk RD RR LCDOT Memo 17-0324 (DOCX) • CHICAGO1-#686288-v1-Ordinance_Approving_Licene_For A Pathway (DOC) • Exhibit A (PDF) • 3 23 17 license draft County Village clean version (DOCX) Trustee Liaison Staff Contact Berman Darren Monico, Public Works Monday, May 1, 2017 Updated: 4/27/2017 2:58 PM Page 1 Packet Pg. 19 2.C.a V1i, LA,GE OF i, L)FFAL0 GROVE TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: APTIKISIC ROAD RAILROAD SIDEWALK AGREEMENT DATE: MARCH 24, 2017 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS Since 2012 the Village of Buffalo Grove has been working with the Lake County Department of Transportation (LCDOT) on a project to install a sidewalk crossing the Wisconsin Central Railroad to be located within the south side of the Aptakisic Road Right -of -Way which is within the jurisdiction of LCDOT. The crossing will include pedestrian gates and be constructed with a Highway Safety Grant at no cost to the Village. Per this agreement the Railroad is responsible for the normal maintenance of the railroad crossing gates however the Village is responsible for replacement of the gates if they are destroyed or damaged by such things as a car accident. This would be treated similar to as if someone ran into one of the village light poles and their insurance would be charged accordingly. Staff and the Village attorney have worked with several iterations of the agreement language to achieve more favorable liability language for the Village but the Railroad has very strict interpretations of such crossings and their liability and staff believes we have achieved the most favorable language permissible at this time. The actual crossing is located just outside the corporate limits of Buffalo Grove but is a crossing requested by several village residents and is a recommendation of the 2014 Bike Plan. All sidewalks or bike paths within the LCDOT right-of-ways within the Village are owned and maintained by the Village of Buffalo Grove. Village Attorney Bill Raysa created a list of the Village's obligations within the agreement and it is included below. Staff recommends discussion whether the sidewalk should be installed based on the liability the Village must take on. Packet Pg. 20 2.C.a As of March 21, 2017 DM# 686073 William Raysa comments on August 27, 2016 draft of License For A Pathway The following are the Villages obligations and liabilities as set forth in the August 27, 2016 draft. 1. USE. After construction, the Village shall not do or permit to be done any act which will in any manner interfere with, limit, restrict, obstruct, damage, interrupt, or endanger Railroad's operations or facilities. [Paragraph 2.(b)] The Village shall use it's best efforts to take all steps necessary as ordered by the Illinois Commerce Commission ("ICC") to ensure that all persons using the Pathway and Crossing Proper come to a complete stop, look carefully for approaching trains before fouling or crossing Railroad's tracks, and yield to any approaching train. [Paragraph 2.(c)] 2. TERM. Railroad shall have the right to terminate this Agreement immediately upon written notice to the Village if the Village at any time breaches or fails to perform any of the terms and conditions hereof. [Paragraph 3.(a)(ii)] 3. SIGHTING AT CROSSING. THE VILLAGE SHALL USE ITS BEST EFFORTS TO KEEP EACH QUADRANT OF THE INTERSECTION OF THE PATHWAY WITH RAILROAD'S TRACK FREE OF BUSHES, TREES, WEEDS, VEGETATION, AND ALL OTHER OBSTRUCTIONS OF ANY KIND THAT COULD INTERFERE WITH A PERSON SIGHTING AN APPROACHING TRAIN. [Paragraph 61 4. MAINTENANCE. The Village shall, at its own risk and expense, maintain said Pathway in o good and safe condition commensurate with its intended use. The Railroad shall, at the sole Go risk and expense of the Village, maintain the Crossing Proper, however, Railroad shall have T-- the right, but not the duty, to perform at Village's sole risk and expense, any repair or le maintenance on the Pathway that Railroad considers reasonably necessary and the Village c shall pay the cost thereof upon receipt of a bill whether made at the Village's request or otherwise. [Paragraph 8] o The Illinois Commerce Commission's (ICC) Proposed Order dated March 9, 2017 provides that the Village shall be responsible for all maintenance costs for the Pathway. In addition, the Proposed Order states that the Village shall be responsible for all repair costs associated with any damage or vandalism to the pedestrian gates. This includes damage caused by the employees, agents, contractors and licensees of the Village or any third person. 5. CROSSING TO BE KEPT FREE OF DEBRIS. The Village shall, to the extent reasonably possible, at all times during the term of this Agreement, keep the Railroad's track at the location of the Pathway and Crossing Proper free of dirt, rocks or other debris or obstructions of any kind, and will not permit any condition which might interfere with the safe and efficient operation of trains over the Crossing Proper, or which might damage equipment or facilities belonging to Railroad or others, or which might constitute a safety hazard of any kind. If at any time the Village shall fail to do so, Railroad may, at its option, remove any dirt, rocks, debris or obstructions, and the Village will reimburse Railroad the cost thereof pursuant to those terms and conditions set forth in Paragraph 18 hereof. If the continued or repeated presence of dirt, rocks, debris or obstructions should, in the opinion of Railroad, create an operating hazard, Railroad may keep a flagman on duty at the Village's expense until such Packet Pg. 21 2.C.a condition is corrected in a manner reasonably satisfactory to Railroad, or at its option may immediately terminate this Agreement. [Paragraph 9] 6. UNAUTHORIZED USE. It shall be the Village's responsibility and duty, to the extent reasonably possible, to prevent all unauthorized persons from using the License Area and nothing herein shall be construed to relieve the Village of this responsibility and duty. (Paragraph 10] 7. TEMPORARY GATES AND FLAGGING. (b) After construction: The Village shall, at its own risk and expense, install and maintain any temporary gate or other barrier which Railroad indicates is reasonably necessary and shall keep the gates closed when the License Area is not in actual use. Railroad shall, at the Village's risk and expense, provide whatever flag protection Railroad shall indicate is necessary, and the Village shall reimburse the Railroad the cost thereof pursuant to those terms and conditions set forth in Paragraph 18 hereof. It is further understood and acknowledged by the Village that Railroad has no obligation or duty to determine the need for any gate or other barrier or the need for flag protection. [Paragraph 11] 8. SIGNS, SIGNALS AND WARNING DEVICES. (a)The Village will use its best efforts to determine if any signs, signals or other warning devices are necessary or appropriate for the safety of persons using the License Area and specifically acknowledges that Railroad has no obligation or duty whatever to make any such determination. If the installation of any signs, signals or warning devices on the License Area is presently or hereafter required by law or by competent public authority, or is otherwise requested by the Village, same shall conform to any then currently applicable practices of the Railroad for such devices as to design, material and workmanship and all costs incurred by the Railroad related to the installation, operation, maintenance, renewal, alteration and upgrading thereof shall be solely borne by the Village. [Paragraph 12(a)] (b) The Crossing Proper and the Pathway shall be subject to the terms and conditions set forth in that certain Agreed Order, based upon the draft License Agreement, and prepared by the Illinois Commerce Commission relative to case number T16-0054, marked Group Exhibit B, and such additional orders as may be entered by the Illinois Commerce Commission relative to this Project, and understood by the parties to be part of this Agreement. [Paragraph 12(b)] 9. INDEMNITY. (b) the Village agrees to defend, indemnify and save harmless Railroad and its officers, employees and agents, from and against any and all claims, demands, actions and causes of action, and to assume all risk, responsibility and liability (including all liability for expenses, attorney's fees and costs incurred or sustained by Railroad, whether in defense of any such claims, demands, actions and causes of action or in the enforcement of the indemnification rights hereby conferred), for death of or injury to any and all persons, including but not limited to the officers, employees, agents, patrons, invitees and licensees of the parties hereto, and for any and all loss, damage or injury to any property whatsoever, including but not limited to that belonging to or in the custody and control of the parties hereto, in whole or in part attributable to the Village's negligence in its maintenance of the Pathway. [Paragraph 13(b)] Packet Pg. 22 2.C.a 10. INSURANCE. Jessica Govic, Senior Vice President, from Arthur J. Gallagher & Co. has confirmed that the insurance requirements in the Agreement will be complied with at no cost to the Village. [Paragraph 14] 11. REMOVAL OF PATHWAY AND CROSSING PROPER. Prior to termination of this Agreement, the Village shall remove its Pathway from Railroad's Property (except for the Crossing Proper located between the ends of ties) and restore the Railroad's Property, as near as may be, to its former condition insofar as such restoration may in the opinion of Railroad's duly authorized representative be practical, all at Village's sole risk and expense. If the Village fails to so remove and restore, Railroad shall have the right, but not the obligation, to do so at the Village's sole risk and expense. Upon termination, Railroad shall have the right, but not the duty, to remove the Pathway and Crossing Proper and to restore the Railroad's Property, all at the Village's sole risk and expense. The Village shall pay the cost of any work performed by Railroad upon presentation of a bill. Railroad shall have the right to require the Village to deposit the estimated cost of any or all removal or restoration work involving the Pathway and/or Crossing Proper or to furnish an acceptable performance bond in such amount upon execution of this Agreement or at any time thereafter to assure complete performance under this Section. [Paragraph 151 12. TAXES. The Village shall pay all taxes, general and special, license fees or other charges which may become due or which may be assessed against that portion of the premises of the Railroad identified herein as the License Area because of the construction, existence, operation or use of said Pathway and Crossing Proper, , and shall reimburse the Railroad for any such taxes, license fees or other charges which may otherwise be the responsibility of the Railroad to pay. [Paragraph 171 Packet Pg. 23 03/23/2017 2.C.b ORDINANCE NO. 2017 - AN ORDINANCE APPROVING A LICENSE FOR A PATHWAY AGREEMENT WITH WISCONSIN CENTRAL LTD. AND LAKE COUNTY WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Lake County initiated negotiations with Wisconsin Central Ltd. for a shared -use path pedestrian Crossing at Aptakisic Road and the railroad right of way; and WHEREAS, Wisconsin Central Ltd. provided to Lake County and the Village a draft License For A Pathway agreement ("Agreement") for the Crossing; and WHEREAS, Lake County and the Village of Buffalo Grove have filed a Petition with the Illinois Commerce Commission ("ICC") naming as Respondent the Wisconsin Central Ltd. seeking authority to construct a new pedestrian -rail grade crossing for a multi -use pedestrian path on the south side of the existing Aptakisic Road railroad milepost 33.21 located in unincorporated Lake County, Illinois near the Village of Buffalo Grove ("Petition"); and WHEREAS, paragraph 10 of the Petition to the ICC states that the terms of the Agreement are subject to approval by the Lake County Board and are subject to approval by the Corporate Authorities 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, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. The Village President and Village Clerk are hereby authorized and directed to execute the License For A Pathway agreement which is attached hereto as Exhibit A AYES: NAYES: ABSENT: PASSED: , 2017 Packet Pg. 24 APPROVED: 2017 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk 4686288 Packet Pg. 25 Ouawaa+6tl>temaP�S NN PePa aislMe4dtlssnasi4: 46941 tl41914 .uaw ae �N — �M1 a� F er u ui CL V ze �m 161 'chi =b•��ii ¢ �J �J1 w�N a DO wcq W cc ILI c) Q C� 'ate ' ` W NL61 HQFQ oe =II x Z x a =�m7x cc F W cr z a zz3a p 'cy� O Q o zz p cn c a Z �r Q Q amcLLc c ~En O o 4 J � Q n oUo �U] e� °Z W�� e y yWa Q Waif z 0a W X c�.+��aca ca C7 i�gg 2 �wuca?oF V7 �ypj Q Z Q i �� I-� p Hp1 N ^may N ti z U �oq a 1 _ z G F v - i � � w Ouawaa�6tl>temaP SNN Peoa?sMe4dtl ssnas4 46841 tl194*34uaw ae O O O I I ��4 Hi IH �� I w � �� V I I 0 L oa� w�� 69'b B9 z ow = Nof oil its W ¢ Q d 5 IB 589 P LL O HH 58"589 1 OS o O z 4 � I a � �q 4 z i a � - I� �� ae•se9 y I�� .. L 1 '�< G '�99 NOII ;h313 MASS oil "'aaa Ac J l J o ` � I i LL'989 0 0 101 lu O 01 OS� ? 4 IX 111 MAN a o f mod'✓ 11'£89 G - iH r w a ~ � w r Q i J 90'S89 0 Q - RR R 0 w w mmmm - w _ 1 t `. _ ,�-- 1" �J za'm89 SZ'b B9 O r n z0000 m m M m n -� 26—` - zoQ�-Q oo- o k o e �H ER a w =msmow P£ � m 3 r' � fly! 337i Nqt tlA373. M't M34I5dd MOR x3 �t1 X w AL- V 2.C.d Updated 3/23/17 County and Village Comments LICENSE FOR A Pathway THIS AGREEMENT, made and entered into as of the day of , 201_, by and among the WISCONSIN CENTRAL LTD. (hereinafter referred to as "Railroad") whose mailing address is 17641 S. Ashland Avenue, Homewood, Illinois 60430-1345, the County of Lake, Illinois, an Illinois body politic and corporate, acting by and through its Chair and County Board ("County") whose mailing address is 600 W. Winchester Road, Libertyville, IL 60048, and the Village of Buffalo Grove, an Illinois municipal corporation, acting by and through its Village President and Board of Trustees ("Village") whose mailing address is 50 Raupp Boulevard, Buffalo Grove, IL 60089. WITNESSETH: IN CONSIDERATION of the mutual covenants and agreements herein set forth, Railroad, insofar as it lawfully may, does hereby grant unto the County and the Village a right or license to construct, maintain and use a Pathway Crossing approximately _ feet in width, upon, over and across the property or right-of-way of Railroad (including the track located thereon) at milepost Approximately MP 33.21 on Waukesha Subdivision as shown on the Exhibit A attached hereto and made a part hereof, UPON AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: DEFINITIONS. (a) Railroad's Property. "Railroad's Property" shall mean the property shown on the attached Exhibit A, to the extent owned by Railroad, whether owned in full ownership or as a servitude, easement, or right-of-way, including Railroad's track, the land on which the track is situated, and any adjacent land of Railroad on either side of the track. (b) License. "License" shall mean the right granted by Railroad to the County to construct, and the Village to maintain and use a Pathway, under the terms and conditions set forth hereinafter. (c) License Area. "License Area" shall mean that portion of Railroad's Property over and across which the License is granted. The License Area extends from one edge of the Railroad's Property across the track to the opposite edge of the Railroad's Property and measures a distance of approximately _ (_) feet in width on either side of the center line of the Pathway, all as more fully shown on the attached Exhibit A. Packet Pg. 28 2.C.d 2 (d) Pathway. "Pathway" shall mean the pathway approaches on either side of the Crossing Proper within the License Area including that portion between tracks where multiple tracks exist. (e) Crossing Proper. "Crossing Proper" shall mean that portion of the License Area encompassing an area from end -of -tie to end -of -tie. (f) County's Property. "County's Property" shall mean the property of the County to and from which the License provides ingress and egress for the County's and the Village's benefit and use. (g) Cost. "Cost" shall mean the actual cost of labor, equipment and materials plus Railroad's then current customary additives for overhead and other indirect costs. 2. USE. (a) The License shall only affect and burden the License Area and no other portion of Railroad's Property, and the Pathway and Crossing Proper shall be constructed, located, and maintained entirely within the License Area. The County and the Village shall have no right to use or cross any other portion of Railroad's Property or to use the Pathway and Crossing Proper for any purposes other than as expressly permitted herein, and the County and the Village, as a further consideration, cause, and condition without which this License would not have been granted, agree to restrict its and the public's use to those purposes and then only to said location and no other for crossing the Railroad's Property, including the track. (b) During the construction of the Pathway, the County shall not do or permit to be done any act which will in any manner interfere with, limit, restrict, obstruct, damage, interrupt, or endanger Railroad's operations or facilities, except as reasonably necessary for the construction of the Pathway and with the consent of the Railroad. After construction, the Village shall not do or permit to be done any act which will in any manner interfere with, limit, restrict, obstruct, damage, interrupt, or endanger Railroad's operations or facilities. . (c) The Village shall use it's best efforts to take all steps necessary as ordered by the Illinois Commerce Commission ("ICC") to ensure that all persons using the Pathway and Crossing Proper come to a complete stop, look carefully for approaching trains before fouling or crossing Railroad's tracks, and yield to any approaching train. Packet Pg. 29 2.C.d 3 (d) The Pathway and Crossing Proper shall not be used by motorized vehicles. 3. TERM. (a) This License shall become effective as of the date first written above and shall continue in effect thereafter until terminated in one of the manners set forth below: (i) Any party may at any time give the other parties written notice of termination specifying the date on which termination shall be effective, provided that such notice shall be delivered at least sixty (60) days in advance of the proposed date of termination. It is hereby agreed and understood that Railroad will not exercise its right herein to terminate this Agreement in the absence of any failure by the Village to comply with the terms and conditions of this Agreement. In the event that the Village fails or refuses to comply with any of the terms or conditions of this Agreement, Railroad shall notify Village in writing of the default and the Village shall have sixty (60) days to correct said default. If after the said sixty (60) days the Village still fails or refuses to cure said default, Railroad shall then have the right to terminate this Agreement at once; (ii) Railroad shall have the right to terminate this Agreement immediately upon written notice to the County and the Village if the County and/or the Village at any time breaches or fails to perform any of the terms and conditions hereof, subject to the notification requirements of sub- paragraph 3(a)(i) set forth above; (iii) This License shall terminate through non- use or in any other manner provided by law. (b) Unless the parties mutually agree in writing to leave the Pathway and Crossing Proper in place after termination, the termination of this Agreement shall not be effective until all removal and restoration is complete. Termination of this Agreement shall not release the County and/or the Village from any liability or responsibility and duty which accrued prior to such termination, removal and restoration. 4. CONSTRUCTION. The construction of the Pathway, including the portion between multilple tracks where multiple tracks exist, including the necessary grading, culverts and drainage on each side of the Railroad's track, shall be performed by the County at its own risk and expense, and to the Packet Pg. 30 2.C.d I! satisfaction of the Railroad's authorized representative. Railroad will install the Crossing Proper over its track(s), from end -of -tie to end -of -tie, and install crossing surface extensions. The Railroad will also install flashing signals and lights and pedestrian gates, if ordered by the Illinois Commerce Commision and make all adjustments required in Railroad facilities, if any, at County's sole expense. 5. NOTIFICATION OF OTHER PARTY. (a) At least ten (10) days prior to entering upon the Pathway for the purpose of performing any construction or maintenance work hereunder, the County or the Village shall notify Railroad's Senior Engineering Manager in writing of the type of work to be performed and the date such work will commence. The notice shall be sent to the following address: Senior Engineering Manager Wisconsin Central Ltd. 17641 South Ashland Avenue Homewood, IL 60430 (b) After the orginal pathway and associated crossing are installed the Railroad shall provide notice to the Village if maintenance or construction work on the Crossing Proper or Pathway will remove the Crossing Proper or Sidewalk from use by the public for a period in excess of two (2) hours sending notice to Village at the following address: Village of Buffalo Grove c/o Village Manager 50 Raupp Boulevard Buffalo Grove, IL. 60089 6. SIGHTING AT CROSSING. THE VILLAGE SHALL USE ITS BEST EFFORTS TO KEEP EACH QUADRANT OF THE INTERSECTION OF THE PATHWAY WITH RAILROAD'S TRACK FREE OF BUSHES, TREES, WEEDS, VEGETATION, AND ALL OTHER OBSTRUCTIONS OF ANY KIND THAT COULD INTERFERE WITH A PERSON SIGHTING AN APPROACHING TRAIN. 7. RAISING WIRE LINES. If it should be necessary during construction to raise any wires on Railroad's property not belonging to Railroad to provide safe clearance for vehicles, the County shall make all arrangements therefor at its own sole risk and expense. Packet Pg. 31 2.C.d 5 8. MAINTENANCE. The Village shall, at its own risk and expense, maintain said Pathway in good and safe condition commensurate with its intended use. The Railroad shall, at the sole risk and expense of the Village, maintain the Crossing Proper, however, Railroad shall have the right, but not the duty, to perform at Village's sole risk and expense, any repair or maintenance on the Pathway that Railroad considers reasonably necessary and the Village shall pay the cost thereof upon receipt of a bill whether made at the Village's request or otherwise. 9. CROSSING TO BE KEPT FREE OF DEBRIS. The Village shall, to the extent reasonably possible, at all times during the term of this Agreement, keep the Railroad's track at the location of the Pathway and Crossing Proper free of dirt, rocks or other debris or obstructions of any kind, and will not permit any condition which might interfere with the safe and efficient operation of trains over the Crossing Proper, or which might damage equipment or facilities belonging to Railroad or others, or which might constitute a safety hazard of any kind. If at any time the Village shall fail to do so, Railroad may, at its option, remove any dirt, rocks, debris or obstructions, and the Village will reimburse Railroad the cost thereof pursuant to those terms and conditions set forth in Paragraph 18 hereof. If the continued or repeated presence of dirt, rocks, debris or obstructions should, in the opinion of Railroad, create an operating hazard, Railroad may keep a flagman on duty at the Village's expense until such condition is corrected in a manner reasonably satisfactory to Railroad, or at its option may immediately terminate this Agreement. 10. UNAUTHORIZED USE. It shall be the Village's responsibility and duty, to the extent reasonably possible, to prevent all unauthorized persons from using the License Area and nothing herein shall be construed to relieve the Village of this responsibility and duty. 11. TEMPORARY GATES AND FLAGGING. (a) During construction: The County shall, at its own risk and expense, install and maintain any temporary gate or other barrier which Railroad indicates is reasonably necessary and shall keep the gates closed until the Pathway is open for public use. Railroad shall, at the County's risk and expense, provide whatever flag protection Railroad shall indicate is necessary, and the County shall pay the cost thereof upon receipt of a bill. It is further understood and acknowledged by the County that Railroad has no obligation or duty to determine the need for any gate or other barrier or the need for flag protection. (b) After construction: The Village shall, at its own risk and expense, install and maintain any temporary gate or other barrier which Railroad indicates is reasonably necessary and shall keep the gates closed when the License Area is not in actual use. Railroad shall, at the Village's risk and expense, provide whatever flag protection Railroad shall indicate is necessary, Packet Pg. 32 2.C.d rt and the Village shall reimburse the Railroad the cost thereof pursuant to those terms and conditions set forth in Paragraph 18 hereof. It is further understood and acknowledged by the Village that Railroad has no obligation or duty to determine the need for any gate or other barrier or the need for flag protection. 12. SIGNS, SIGNALS AND WARNING DEVICES. (a)The County and the Village acknowledge that Railroad has no obligation or duty to give audible warning of the approach of a train, nor erect whistle posts, nor reduce the speed of its trains, nor alter its operations in any manner, owing to the presence or existence of the Pathway and crossing proper or other use or exercise of the right or license granted herein. The Village will use its best efforts to determine if any signs, signals or other warning devices are necessary or appropriate for the safety of persons using the License Area and specifically acknowledges that Railroad has no obligation or duty whatever to make any such determination. If the installation of any signs, signals or warning devices on the License Area is presently or hereafter required by law or by competent public authority, or is otherwise requested by the Village, same shall conform to any then currently applicable practices of the Railroad for such devices as to design, material and workmanship and all costs incurred by the Railroad related to the installation, operation, maintenance, renewal, alteration and upgrading thereof shall be solely borne by the Village. (b) The Crossing Proper and the Pathway shall be subject to the terms and conditions set forth in that certain Agreed Order, based upon the draft License Agreement, and prepared by the Illinois Commerce Commission relative to case number T16-0054, marked Group Exhibit B, and such additional orders as may be entered by the Illinois Commerce Commission relative to this Project, and understood by the parties to be part of this Agreement. 13. INDEMNITY. As a further consideration for the License herein granted, and as a condition without which the License would not have been granted, (a) the County agrees to defend, indemnify and save harmless Railroad and its officers, employees and agents, from and against any and all claims, demands, actions and causes of action, and to assume all risk, responsibility and liability (including all liability for expenses, attorney's fees and costs incurred or sustained by Railroad, whether in defense of any such claims, demands, actions and causes of action or in the enforcement of the indemnification rights hereby conferred), for death of or injury to any and all persons, including but not limited to the officers, employees, agents, patrons, invitees and licensees of the parties hereto, and for any and all loss, damage or injury to any property whatsoever, including but not limited to that belonging to or in the custody and control of the Packet Pg. 33 2.C.d f7 parties hereto, to the extent attributable to the County's negligence in its construction of the Pathway. (b) the Village agrees to defend, indemnify and save harmless Railroad and its officers, employees and agents, from and against any and all claims, demands, actions and causes of action, and to assume all risk, responsibility and liability (including all liability for expenses, attorney's fees and costs incurred or sustained by Railroad, whether in defense of any such claims, demands, actions and causes of action or in the enforcement of the indemnification rights hereby conferred), for death of or injury to any and all persons, including but not limited to the officers, employees, agents, patrons, invitees and licensees of the parties hereto, and for any and all loss, damage or injury to any property whatsoever, including but not limited to that belonging to or in the custody and control of the parties hereto, to the extent attributable to the Village's negligence in its maintenance of the Pathway. 14. INSURANCE. Before commencing work and during construction of the Pathway, unless this License shall be terminated, the County shall provide and maintain the following insurance in form and amount with companies satisfactory to and as approved by Railroad Company and the Village shall provide and maintain the following insurance in form and amount with companies satisfactory to and as approved by Railroad Company. a. Statutory Workers Compensation and Employer's Liability insurance. b. Automobile Liability in an amount not less than $1,000,000 dollars combined single limit. c. The County agrees to provide Commercial General Liability (occurrence form) in an amount not less than $1,000,000 dollars per occurrence, with an excess policy with limits of $10,000,000 dollars. The Village agrees to provide Commercial General Liability (occurrence form) in an amount of $5,000,000 dollars per occurrence, with an aggregate limit of $10,000,000 dollars. The Policy must name Railroad Company and its Parents as additional insureds in the following form: Wisconsin Central Ltd. name and its Parents Attn: Paul Chojenski 17641 South Ashland Avenue Homewood, IL 60430 708.332.3557 (office) paul.chojenski@cn.ca If the commercial general liability policy required herein contains any exclusions related to doing business or undertaking construction or demolition on, near, or adjacent to railroad facilities; such exclusion must be removed through issuance of endorsement CG 24 17, or a similar endorsement approved by Railroad Company in its sole discretion prior to the commencement of work hereunder. Packet Pg. 34 2.C.d Before commencing work, the County and the Village shall deliver to Railroad Company a certificate of insurance evidencing the foregoing coverage, and upon request, The County and the Village shall deliver a certified, true and complete copy of the policy or policies at their sole cost and expense. The policies shall provide for not less than thirty (30) days prior written notice to Railroad Company of cancellation of or any material change in, the policies, and shall contain the waiver of right of subrogation. It is understood and agreed that the foregoing insurance coverage is not intended to, and shall not, relieve the County or the Village from or serve to limit County's or the Village's liability under the indemnity provisions of this License or any applicable agreement. It is further understood and agreed that, so long as this License shall remain in force or until the Village shall have vacated the Railroad Company's property (whichever shall be later), Railroad Company shall have the right, from time to time, to revise the amount or form of insurance coverage provided as circumstances or changing economic conditions may require. Railroad Company shall give the Village written notice of any such requested change at least thirty (30) days prior to the date of expiration of the then existing policy or policies; and the Village agree to, and shall, thereupon provide Railroad Company with certificates reflecting such revised policy or policies thereof. If a contractor is to be employed by the County or the Village, then, before any work is commenced hereunder, the County or the Village shall establish, to the reasonable satisfaction of Railroad Company, that either (i) the contractor has in place insurance policies covering its own work that comply with the required insurance coverages, limits and terms applicable to the County or the Village, or (ii) the contractor is fully covered under the County's or the Village's insurance policies. 15. REMOVAL OF Pathway AND CROSSING PROPER. Prior to termination of this Agreement, the Village shall remove its Pathway from Railroad's Property (except for the Crossing Proper located between the ends of ties) and restore the Railroad's Property, as near as may be, to its former condition insofar as such restoration may in the opinion of Railroad's duly authorized representative be practical, all at Village's sole risk and expense. If the Village fails to so remove and restore, Railroad shall have the right, but not the obligation, to do so at the Village's sole risk and expense. Upon termination, Railroad shall have the right, but not the duty, to remove the Pathway and Crossing Proper and to restore the Railroad's Property, all at the Village's sole risk and expense. The Village shall pay the cost of any work performed by Railroad upon presentation of a bill. Railroad shall have the right to require the Village to deposit the estimated cost of any or all removal or restoration work involving the Pathway and/or Crossing Proper or to furnish an acceptable performance bond in such amount upon execution of this Agreement or at any time thereafter to assure complete performance under this Section. Packet Pg. 35 2.C.d 16. ASSIGNMENT. The County and the Village shall not have the right to assign this Agreement without first obtaining the consent in writing of the Railroad, which consent will not be unreasonably withheld. 17. TAXES. Pursuant to those terms and conditions set forth in Paragraph 18 hereof, the Village shall pay all taxes, general and special, license fees or other charges which may become due or which may be assessed against that portion of the premises of the Railroad identified herein as the License Area because of the construction, existence, operation or use of said Pathway and Crossing Proper, , and shall reimburse the Railroad for any such taxes, license fees or other charges which may otherwise be the responsibility of the Railroad to pay. 18. BILLS. For all bills submitted by the Railroad to the County or the Village pursuant to the terms of this Agreement, the County and Village will comply with the Illinois Local Government Prompt Payment Act. 19. ENFORCEABILITY. In the event that any parts, sections or other portions of this Agreement are found unenforceable under the applicable law of any courts having jurisdiction over this Agreement, the remaining parts, sections or other portions thereof and the enforcement of same shall not be affected and shall otherwise remain in full effect and enforceable. 20. This Agreement will be governed by the laws of the State of Illinois and venue shall be in Lake County, Illinois. Any future change or modification of this Agreement must be in writing and signed by the parties hereto except for the County if it has no further obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the date first above written. WISCONSIN CENTRAL LTD. By Tom Bourgonje Regional Chief Engineer I Packet Pg. 36 2.C.d ATTEST: County Clerk 10 RECOMMENDED FOR EXECUTION Paula J. Trigg, P.E. Director of Transportation / County Engineer Lake County COUNTY OF LAKE By: Chairman Lake County Board Date: Village of Buffalo Grove By Title: Packet Pg. 37 2.C.d Insert EXHIBIT A raw Packet Pg. 38 2.D Information Item : Update on the National Citizen Survey ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Staff will provide an overview of the National Citizen Survey and present the draft survey materials for board discussion. ATTACHMENTS: • NCS UPDATE MEMO (DOCX) • Buffalo Grove 2017 NCS Draft 2 (PDF) • Updated Timeline Buffalo Grove NCS 2017 (PDF) Trustee Liaison Sussman Monday, May 1, 2017 Staff Contact Evan C Michel, Office of the Village Manager Updated: 4/26/2017 4:51 PM Page 1 Packet Pg. 39 2.D.a VILLAGE OF BUFFALO GROVE MEMORANDUM TO: Village President & Board of Trustees FROM: Evan Michel, Management Analyst DATE: March 17, 2017 RE: National Citizen Survey Update Overview of the National Citizen Survey The Village Board approved strategic plan includes the development of a strategy to seek feedback from residents regarding the quality of the services received from the Village. Staff evaluated several different options. In the summer of 2016, the Village Board directed staff to the use of The National Research Center's National Citizen Survey (NCS) as a tool to gauge resident satisfaction and quality of service. Representatives from the NCS presented at a Committee of the Whole meeting to give the Village Board an overview of the program and deliverables that the Village Board can expect. The National Research Center's National Citizen Survey is among the first scientific surveys to gather resident opinions on a range of community issues and has been used by more than 350 unique jurisdictions in 44 states. The NCS is the only citizen survey tool endorsed by the International City/County Management Association (ICMA) and the National League of Cities (NLC). The NCS includes a customizable survey of questions relevant to a community. The survey measures public opinion in eight key areas of community livability, which include Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment, and Community Engagement. In each domain, residents report their perceptions about the quality of their community and related services, as well as their own engagement within the community. Survey Deliverables The NCS service includes a multi -contact mailed survey to 1,500 households that provides results that are statistically significant. In responses to the feedback from the Village Board, staff has selected the following add on services that the NCS offers: • Demographic Subgroup Comparison Report: This additional report will provide the board and staff with a demographic break down of the survey data. This information will provided keen insight in to how various groups feel about village services. • Custom Benchmark Comparison: The survey data can be benchmarked against communities meeting specific criteria. These communities can include previous survey participants that are geographically near Buffalo Grove such as Glenview, Long Grove, Skokie, Vernon Hills, and Highland Park. Likewise, the large scope of the NCS partnership with the ICMA allows the data to be benchmarked against communities with similar population nationwide. These communities include Englewood, CO, Palm Beach Gardens, FL, Holland, MI, Jefferson City, MO, Galveston, TX, and Harrisonburg, VA. • In Person Presentation and Next Step Workshop: The National Research Center offers a in person presentation of the survey results as well as Next Step Workshop to provide survey Packet Pg. 40 2.D.a participants a facilitated, in-depth exploration into how to use the survey data in strategic planning. An NRC representative will come to Buffalo Grove to lead a half -day interactive workshop to assist in developing strategy and to offer recommendations. Survey Methodology For the National Citizen Survey, all households within the Village of Buffalo Grove will be eligible to participate in the survey. A list of all households within the zip codes serving Buffalo Grove is purchased based on updated listings from the United States Postal Service. Since some of the zip codes that serve Buffalo Grove, households may also serve addresses that lie outside of the community, the exact geographic location of each housing unit is compared to community boundaries using the most current municipal boundary file (updated on a quarterly basis) and addresses located outside of the Village boundaries are removed from consideration. To choose the survey recipients, a systematic sampling method is applied to the list of households previously screened for geographic location. Systematic sampling is a procedure whereby a complete list of all possible households is culled, selecting every Nth one, giving each eligible household a known probability of selection, until the appropriate number of households is selected. Multi -family housing units are over sampled as residents of this type of housing typically respond at lower rates to surveys than do those in single-family housing units. In general, because of the random sampling techniques used, the displayed sampling density will closely mirror the overall housing unit density (which may be different from the population density). While the theory of probability assumes no bias in selection, there may be some minor variations in practice meaning, an area with only 15% of the housing units might be sampled at an actual rate that is slightly above or below that. Survey Documents Attached are the following documents: • The proposed time line for the creation and distribution of the survey, this document includes a brief description of the action being taken as well as a targeted completion date. • A draft of the proposed survey document that will be mailed to the selected residents. • Drafts of the informational post card and the two letters that will be sent to the selected respondents. Recommendation If the Village Board wishes to continue move forward, Staff will continue to work with the National Research Center to enhance and release the accompanied survey document according to the time table and methodology provided. Packet Pg. 41 2.D.b The Village of Buffalo Grove 2017 Citizen Survey Please complete this questionnaire if you are the adult (age 18 or older) in the household who most recently had a birthday. The adult's year of birth does not matter. Please select the response (by circling the number or checking the box) that most closely represents your opinion for each question. Your responses are anonymous and will be reported in group form only. 1. Please rate each of the following aspects of quality of life in Buffalo Grove: Excellent Good Fair Poor Don't know Buffalo Grove as a place to live........................................................................1 2 3 4 5 Your neighborhood as a place to live...............................................................1 2 3 4 5 Buffalo Grove as a place to raise children........................................................1 2 3 4 5 Buffalo Grove as a place to work.....................................................................1 2 3 4 5 Buffalo Grove as a place to visit.......................................................................1 2 3 4 5 Buffalo Grove as a place to retire.....................................................................1 2 3 4 5 The overall quality of life in Buffalo Grove......................................................1 2 3 4 5 2. Please rate each of the following characteristics as they relate to Buffalo Grove as a whole: CL Excellent Good Fair Poor Don't know Overall feeling of safety in Buffalo Grove.........................................................1 2 3 4 5 > Overall ease of getting to the places you usually have to visit ...........................1 2 3 4 5 Quality of overall natural environment in Buffalo Grove.................................1 2 3 4 5 N Overall "built environment" of Buffalo Grove (including overall design, a(i buildings, parks and transportation systems) .................................................1 2 3 4 5 Health and wellness opportunities in Buffalo Grove.........................................1 2 3 4 5 _ Overall opportunities for education and enrichment........................................1 2 3 4 5 _U c Overall economic health of Buffalo Grove.......................................................1 2 3 4 5 G Senseof community........................................................................................1 2 3 4 5 Z Overall image or reputation of Buffalo Grove..................................................1 2 3 4 5 3. Please indicate how likely or unlikely you are to do each of the following: P- o0i Iery Somewhat Somewhat Eery Don't likely likely unliketr unlikely know N Recommend living in Buffalo Grove to someone who asks ................... 1 2 3 4 5 � Remain in Buffalo Grove for the next five years .................................... 1 2 3 4 5 i � 4. Please rate how safe or unsafe you feel: U Very Somewhat Neitlio- safe Somewhat Teri, Don't Z safe safe nor unsafe unsafe unsafe know � In your neighborhood during the day..................................1 2 3 4 5 6 N In Buffalo Grove's downtown/commercial area during the day........................................................... 1 2 3 4 5 6 >p 5. Please rate each of the following characteristics as they relate to Buffalo Grove as a whole: Excellent Good Fair Poor Don't know Traffic flow on major streets............................................................................1 2 3 4 5 Ease of travel by car in Buffalo Grove..............................................................1 2 3 4 5 Ease of travel by public transportation in Buffalo Grove..................................1 2 3 4 5 Ease of travel by bicycle in Buflalo Grove........................................................1 2 3 4 5 Ease of walking in Buffalo Grove.....................................................................1 2 3 4 5 Availability of paths and walking trails.............................................................1 2 3 4 5 Airquality.......................................................................................................1 2 3 4 5 Cleanliness of Buffalo Grove............................................................................1 2 3 4 5 Overall appearance of Buffalo Grove...............................................................1 2 3 4 5 Public places where people want to spend time................................................1 2 3 4 5 Variety of housing options...............................................................................1 2 3 4 5 Availability of affordable quality housing.........................................................1 2 3 4 5 Fitness opportunities (including exercise classes and paths or trails, etc.) ........... 1 2 3 4 5 Recreational opportunities...............................................................................1 2 3 4 5 Availability of affordable quality food..............................................................1 2 3 4 5 Availability of affordable quality health care....................................................1 2 3 4 5 Availability of preventive health services..........................................................1 2 3 4 5 Availability of affordable quality mental health care........................................1 2 3 4 5 Page 1 of 5 Packet Pg. 42 2.D.b THE �N k; b The National Citizen Survey- 6. Please rate each of the following characteristics as they relate to Buffalo Grove as a whole: Excellrrat Good Lair Poor Don't knozea Availability of affordable quality child care/preschool.....................................1 2 3 4 5 Adult educational opportunities.......................................................................1 2 3 4 5 Opportunities to participate in religious or spiritual events and activities .........1 2 3 4 5 Employment opportunities.............................................................................. l 2 3 4 5 Shopping opportunities....................................................................................1 2 3 4 5 Cost of living in Buffalo Grove.........................................................................1 2 3 4 5 Overall quality of business and service establishments in Buffalo Grove ...........1 2 3 4 5 Vibrant downtown/commercial area...............................................................1 2 3 4 5 Overall quality of new development in Buffalo Grove......................................1 2 3 4 5 Opportunities to participate in social events and activities................................1 2 3 4 5 Opportunities to volunteer...............................................................................1 2 3 4 5 Opportunities to participate in community matters..........................................1 2 3 4 5 Openness and acceptance of the community toward people of diversebackgrounds.....................................................................................1 2 3 4 5 Neighborliness of residents in Buffalo Grove....................................................1 2 3 4 5 7. Please indicate whether or not you have done each of the following in the last 12 months. .No Yes Made efforts to conserve water........................................................................................................................... 1 2 Made efforts to make your home more energy efficient....................................................................................... 1 2 Stocked supplies in preparation for an emergency.............................................................................................. 1 2 Campaigned or advocated for an issue, cause or candidate................................................................................. 1 2 Contacted the Village of Buffalo Grove (in -person, phone, email or web) for help or information ....................... 1 2 Contacted Buffalo Grove elected officials (in -person, phone, email or web; to express your opinion .................... 1 2 8. In the last 12 months, about how many times, if at all, have you or other household members done each of the following in Buffalo Grove? 2 times a 2-4 times Once a month ,,Vot Attended a Village -sponsored event................................................................................ 1 2 3 4 Used bus, rail, subway or other public transportation instead of driving .......................... 1 2 3 4 Carpooled with other adults or children instead of driving alone .................................... 1 2 3 4 Walked or biked instead of driving.................................................................................. 1 2 3 4 Volunteered your tone to same group/activity in Buffalo Grove ..................................... 1 2 3 4 Participatedin a club...................................................................................................... 1 2 3 4 Talked to or visited with your immediate neighbors........................................................ 1 2 3 4 Done a favor for a neighbor............................................................................................ 1 2 3 4 9. Thinking about local public meetings (of local elected officials like City Councilor County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.), in the last 12 months, about how many times, if at all, have you or other household members attended or watched a local public meeting? 2 times n 2-4 times Once a month JVot Attended a local public meeting..................................................................................... 1 2 3 4 Watched (online or on television) a local public meeting ................................................. 1 2 3 4 d ca 0. d 3 N C m N U c 0 M Z F_ N N M L in W U Z ti 0 N 0 0 is 3 00 0 t c� Q E~ Packet Pg. 43 2.D.b The Village of Buffalo Grove 2017 Citizen Survey 10. Please rate the quality of each of the following services in Buffalo Grove: Police/Sheriff services......................................................................................1 Fireservices.....................................................................................................1 Ambulance or emergency medical services......................................................1 Crimeprevention............................................................................................1 Fire prevention and education......................................................................... 1 Traffic enforcement.........................................................................................1 Streetrepair....................................................................................................1 Streetcleaning.................................................................................................1 Streetlighting..................................................................................................1 Snowremoval..................................................................................................1 Sidewalk maintenance.....................................................................................1 Trafficsignal timing........................................................................................1 Garbagecollection...........................................................................................1 Recycling.........................................................................................................1 Yardwaste pick-up..........................................................................................1 Stormdrainage................................................................................................1 Drinkingwater................................................................................................1 Sewer services..................................................................................................1 Utilitybilling...................................................................................................1 Land use, planning and zoning........................................................................ l Code enforcement (weeds, abandoned buildings, etc.)......................................1 Economicdevelopment.... .... I ..... I ........................................ 1. ... I ............... " ..... I Healthservices................................................................................................1 Public information services..............................................................................1 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations)............................................1 Preservation of natural areas such as open space, farmlands and greenbelts .....1 Buffalo Grove open space................................................................................1 Village -sponsored special events......................................................................1 Overall customer service by Buffalo Grove employees (police, receptionists, planners, etc.)............................................................................1 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 2 3 4 5 11. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don't know The Village of Buffalo Grove...........................................................................1 2 3 4 5 The Federal Government................................................................................1 2 3 4 5 12. Please rate the following categories of Buffalo Grove government performance: Excellent Good Fair Poor Don't knot The value of services for the taxes paid to Buffalo Grove.................................1 2 3 4 5 The overall direction that Buffalo Grove is taking ............................................ l 2 3 4 5 The job Buffalo Grove government does at welcoming citizen involvement ..... 1 2 3 4 5 Overall confidence in Buffalo Grove government............................................1 2 3 4 5 Generally acting in the best interest of the community.....................................1 2 3 4 5 Beinghonest....................................................................................................1 2 3 4 5 Treating all residents fairly..............................................................................1 2 3 4 5 m a a M d L 3 N c m N c 0 co Z N N M G Cn U Z ti 0 N d > O O is 3 00 O E t V M Q Page 3 of 5 Packet Pg. 44 2.D.b THE �N k; b The National Citizen Survey- 13. Please rate how important, if at all, you think it is for the Buffalo Grove community to focus on each of the following in the coming two years: Very Somewhat lot at all Essential important important important Overall feeling of safety in Buffalo Grove........................................................................ 1 2 3 4 Overall ease of getting to the places you usually have to visit .......................................... 1 2 3 4 Quality of overall natural environment in Buffalo Grove ................................................ 1 2 3 4 Overall "built environment" of Buffalo Grove (including overall design, buildings, parks and transportation systems)............................................................... 1 2 3 4 Health and wellness opportunities in Buffalo Grove ........................................................ 1 2 3 4 Overall opportunities for education and enrichment....................................................... 1 2 3 4 Overall economic health of Buffalo Grove...................................................................... 1 2 3 4 Senseof community....................................................................................................... 1 2 3 4 14. Please rate the quality of each of the following aspects of the Village: Excellent Good Fair Poor Don't know Availability of disability scrviccs.......................................................................1 2 3 4 5 Permit application process...............................................................................1 2 3 4 5 Applying a for licenses.....................................................................................1 2 3 4 5 Amount handicap parking...............................................................................1 2 3 4 5 Online access to village services.......................................................................1 2 3 4 5 Availability of Villagc Staff to assist you with scrvices.......................................1 2 3 4 5 15. Please indicate your level of support or opposition for each of the following: G Strongly Somewhat Somewhat Strongly Don't Z subbort subbort obbose obbose know Metra Weekend Service to the Village of Buffalo Grove ....................... 1 2 3 4 5 N Food Scrap Recycling Program for 9 months of the year ...................... 1 2 3 4 5 16. Please indicate how much of a source, if at all, you consider each of the following to be for obtaining information about the Village government and its activities, events and services: Major Minor Not a source source source Mainstream media (newspapers, television, radio, internet news) ....................................................... 1 2 3 Twitter.............................................................................................................................................. 1 2 3 Facebook...........................................................................................................................................1 2 3 The Village's newsletter (paper version)............................................................................................. 1 2 3 The Village's electronic newsletter..................................................................................................... 1 2 3 Blog................................................................................................................................................... 1 2 3 17. How familiar are you, if at all, with each of the following major events in Buffalo Grove? I have I know what/ I have only I have never attended when it is heard of it heard of it BuflaloGrove Days..............................................................................................1 2 3 4 FarmersMarket ....................................................................................................1 2 3 4 BloodDrive..........................................................................................................1 2 3 4 Buffalo Grove Symphonic Band Concerts............................................................1 2 3 4 Buffalo Grove jazz Band Concerts........................................................................1 2 3 4 Environmental Fair..............................................................................................1 2 3 4 18. In the last 12 months, about how many times, if ever, have you or another household member used the following in Buffalo Grove: 2 times a 2-4 times Once a month Not at Buffalo Grove Golf Course................................................................... 1 2 3 4 ArboretumClub................................................................................... 1 2 3 4 E~ Packet Pg. 45 2.D.b The Village of Buffalo Grove 2017 Citizen Survey Our last questions are about you and your household. Again, all of your responses to this survey are completely anonymous and will be reported in group form only. D 1. How often, if at all, do you do each of the following, considering all of the times you could? Na)er Rarely Sometimes Usually Alww Recycleat home...........................................................................................1 2 3 4 5 Purchase goods or services from a business located in Buffalo Grove ............ 1 2 3 4 5 Eat at least 5 portions of fruits and vegetables a day.....................................1 2 3 4 5 Participate in moderate or vigorous physical activity....................................1 2 3 4 5 Read or watch local news (via television, paper, computer, etc.) ...................1 2 3 4 5 Vote in local elections..................................................................................1 2 3 4 5 D2. Would you say that in general your health is: O Excellent O Very good 0 Good 0 Fair O Poor D3. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you: think the impact will be: -0 0 Very positive O Somewhat positive 0 Neutral 0 Somewhat negative 0 Very negative CL M D4. What is your employment status? D12. How much do you anticipate your household's 0 Working full time for pay total income before taxes will be for the current 3 0 Forking part time for pay year? (Please include in your total income money N 0 Unemployed, looking for paid work from all sources for all persons living in your ((i O Unemployed, not looking for paid work household.) N 0 Fully retired 0 Less than $25,000 U D5. Do you work inside the boundaries of Buffalo 0 $25,000 to $49,999 c Grove? 0 $50,000 to $99,999 O Yes, outside the home O $100,000 to $149,999 Z O Yes, from home O $150,000 or more O No Please respond to both questions D13 and D14: P_ o1i D6. How many years have you lived in Buffalo D13. Are you Spanish, Hispanic or Latinol . Grove? O No, not Spanish, Hispanic or Latino N O Less than 2 years O 11-20 years O Yes I consider myself to be Spanish, Hispanic O 2-5 years 0 More than 20 ycars or Latino 0 6-10 years U D7. Which best describes the building you live in? D14. What is your race? (Mark one or more races z 0 One family house detached from any other houses to indicate what race you consider yourself O Building with two or more homes (duplex, townhome, to be.) N apartment or condominium) 0 American Indian or Alaskan Native 0 0 Mobile home O AsianAsian Indian or Pacific Islander o 0 Other O Black or African American 0 O White O D8. Is this house, apartment or mobile home... 0 Other 0 Rented 0 Owned D15. In which category is your age? m 0 18-24 years O 55-64 years D9. About how much is your monthly housing cost 0 25-34 years O 65- % 4 years for the place you live (including rent, mortgage 0 35-44 years 0 75 years or older t payment, property tax, property insurance and 0 45-54 years homeowners' association (HOA) fees)? D16. What is your sex? Q 0 Less than $300 per month 0 Female 0 Male 0 $300 to $599 per month O $600 to $999 per month D17. Do you consider a cell phone or land line your O $1,000 to $1,499 per month primary telephone number? 0 $1,500 to $2,499 per month 0 Cell 0 Land line 0 Both 0 $2,500 or more per month D 10. Do any children 17 or under live in your household? Thank you for completing this survey. Please O No O Yes return the completed survey in the postage -paid Dll. Are you or any other members of your household envelope to: National Research Center, Inc., aged 65 or older? PO Box 549, Belle Mead, NJ 08502 0 No O Yes Page 5 of 5 Packet Pg. 46 Timeline for The National Citizen SurveyT'" 2.D.c Finalize survey materials 2nd wave mails 1st wave mails' Postcard mails Data collection ends Opt -in survey opens Reports finalized Draft reports received Apr 11 Apr 18 Apr 25 May 2 May 9 May 16May 23 May 30 Jun 6 Jun 13 Jun 20 Jun 27 Jul 4 Jul 11 Jul 18 Jul 25 Aug 1 Aug 8 Item Date Preparing for the Survey 0 The NCS survey process is initiated upon receipt of your first payment Jan 13 F NRC emails you information to customize The NCS Jan 13 Due to NRC: Selection of add -on options Mar 6 Due to NRC: Drafts of the optional custom questions to be included in the survey Mar 6 Due to NRC: Zip code information and GIS boundary data Mar 13 Due to NRC: Additional payment for add -on options Mar 13 0 NRC finalizes the survey instrument and mailing materials and sends .pdf samples for your records Apr 11 0 NRC generates the sample of households in your community Mar 13 to Mar 27 0 NRC prints materials and prepares mailings Apr 18 4 Due to NRC: Selection of custom benchmark profile(s) (if custom benchmark add -on selected) Apr 18 Conducting the survey 0 Survey materials are mailed May 15 to May 29 0 Prenotification postcards sent May 15 0 1st wave of surveys sent May 22 0 2nd wave of surveys sent May 29 4 Opt -in web survey link posted on your website (source link provided to you by NRC) Jun 19 0 Data collection: surveys received and processed for your community May 22 to Jul 5 During this time, you will receive postcards that were undeliverable due to bad addresses, or vacant housing units. This is 0 normal. Please count all the postcards, as we will subtract the number of returned postcards from the total number mailed to estimate the number of "eligible" households in calculating the final response rate. 4 Due to NRC: Final count of returned postcards Jul 5 O Survey analysis and report writing Jul 5 to Jul 26 During this time, NRC will process the surveys, perform the data analysis, and produce a draft report for your community. The O report of results will contain a description of the methodology, information on understanding the results, and graphs and tables of your results, as well as a description of NRC's database of normative data from across the U.S. and actual comparisons to your results, where appropriate. E NRC emails draft report (in PDF format) to you along with invoice for balance due on The NCS Basic Jul 26 Service and any additional add -on options Due to NRC: community feedback on the draft report (most final reports are identical to the draft reports, Aug except being labeled as final instead of draft) g F NRC emails final report and data file to you Aug 9 Legend EIndicates when items from NRC are due to you 4Indicates when items from you are due to NRC OIndicates information items Packet Pg. 47 2.E Information Item : Discussion Regarding Cook County Minimum Wage and Sick Leave Mandates ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Recently, Cook County adopted Ordinances raising the County's minimum wage gradually for all businesses in the County with at least one employee who works a minimum of two hours in any two -week period. The County also approved an Ordinance mandating that all businesses within Cook County provide sick leave to employees. Both ordinances become effective on July 1, 2017. As there are provisions for the Village to opt out, staff is seeking the Board's thoughts and direction on the matter. ATTACHMENTS: • Staff Memo (DOCX) • Schaumburg Ordinance (PDF) Trustee Liaison Ottenheimer Monday, May 1, 2017 Staff Contact Chris Stilling, Community Development Updated: 4/27/2017 3:02 PM Page 1 Packet Pg. 48 2.E.a N`11111,,A,GE OF BUFFALO GROVE DATE: April 26, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Cook County Minimum Wage and Sick Leave Mandates nark'GRni jiun Recently, Cook County adopted Ordinances raising the County's minimum wage gradually for all businesses in the County with at least one employee who works a minimum of two hours in any two -week period. The County also approved an Ordinance mandating that all businesses within Cook County provide sick leave to employees. Both ordinances become effective on July 1, 2017. As there are provisions for the Village to "opt out", staff is seeking the Board's thoughts and direction on the matter. SUMMARY OF COOK COUNTY ORDINANCES Cook County Minimum Wage Ordinance On Oct. 26, 2016, Cook County voted to increase the minimum wage gradually each year until 2020 when it would reach $13 per hour. Illinois currently has a minimum wage of $8.25 per hour which is higher than Indiana, Iowa and Wisconsin's minimum wage of $7.25 per hour. The County's new ordinance applies to any business or individual that employs at least one employee who performs at least two hours of work in any two -week period while physically present within the geographical boundaries of Cook County. The new law applies to all of Cook County, including suburbs and unincorporated areas. Effective July 1, 2017, employers in Cook County will be required to pay a higher minimum wage that will continue to increase every year thereafter. Cook County's ordinance is similar to the City of Chicago's minimum wage increase, which also gradually raises the minimum wage to $13 per hour by 2019. The following provides the graduated scale of the increases under the Cook County ordinance: • July 1, 2017 —the minimum wage will increase from $8.25 to $10.00 per hour. • July 1, 2018 —the minimum wage will increase from $10.00 to $11.00 per hour. • July 1, 2019 — the minimum wage will increase from $11.00 to $12.00 per hour. • July 1, 2020 —the minimum wage will increase from $12.00 to $13.00 per hour. Cook County Sick Leave With regard to sick leave, Cook County Board of Commissioners approved an ordinance that establishes earned sick leave for employees in Cook County. This new ordinance will also take effect on July 1, 2017. Page 1 of 3 Packet Pg. 49 2.E.a The sick leave ordinance requires that employers with at least one employee with a place of business in Cook County must comply with the new requirements. A covered employee is one that in a particular two -week period performs at least two hours of work for an employer while physically present in Cook County. Covered employees are eligible for earned sick leave if they work at least 80 hours for an employer within a 120-day period. The accrued sick leave will cap at 40 hours per 12- month period. At the end of the 12- month period, a covered employee can carry over half of their unused sick leave (up to 20 hours max). The new requirements do not interfere with the rights of covered employees to enter into collective bargaining agreements with their employers. The ordinance can be waived in a collective bargaining agreement. If an employer violates the sick leave ordinance, the employee may recover damages in a civil action equal to three times the full amount of unpaid sick leave denied or lost by reason of the violation. The employee can also recover the interest on that amount owed. "OPT OUT" PROVISION The Village of Buffalo Grove, as a home rule municipality, can draft an ordinance opting out of the new Cook County minimum wage and sick leave requirements within the boundaries of the municipality. The ordinance would be to amend the Village Code in order to clearly define the sick leave and minimum wage regulations that apply to employers in the Village of Buffalo Grove. The Code would be amended to state that employers within the Village must comply with all federal and/or state laws and regulations regarding minimum hourly wage and paid sick leave and that no additional obligations with regard to paid sick leave or minimum hourly wages shall apply, including any additional obligations adopted by the Cook County Board of Commissioners. A copy of the Village of Schaumburg's Ordinance opting out is attached. There are some limitations in terms of the reach of an ordinance passed by the Village to "opt out" of the Cook County requirements. The first limitation is on businesses taking advantage of the 6B tax classification incentives for industrial properties. Any business seeking a property tax incentive from the County is required to submit an affidavit or certification that the applicant pays a wage that meets the Cook County minimum wage ordinance requirements. Currently, Buffalo Grove does not have any 6B tax incentives in Cook County since all of our industrial/manufacturing is located in Lake County. Another potential limitation is that if there is a business that has a place of business within the Village that also has business in another village in Cook County; that business could still be subject to the minimum wage/sick leave ordinances if the other village does not opt out of the ordinances. STAFF COMMENTS Based on the Village's business licensing database, staff estimates that approximately 20-25% of the Village's total businesses are located in Cook County, while the remaining are in Lake County. Should the Village not "opt out" of both requirements, only those Cook County businesses would be required to comply. Staff believes the new ordinance should be applied equally across the entire State rather than locally to ensure consistency and a level playing field for all businesses. v E W w M c CD E s U Q Page 2 of 3 Packet Pg. 50 2.E.a To date, the Villages of Barrington, Bedford Park, Mount Prospect, Oak Forest, River Forest, Rosemont, Schaumburg, Streamwood, Tinley Park and Wheeling have opted out of the Cook County minimum wage ordinance. Most of the communities opted out using its home -rule authority while Barrington opted out by passing its own ordinance choosing not to participate, which is allowed by the Illinois Constitution. Other municipalities are also considering opting out of the ordinance including Arlington Heights, Elk Grove, Palatine, Northbrook, Rolling Meadows, Hoffman Estates, Elk Grove and Morton Grove. The Village of Buffalo Grove can take the following steps in evaluating the new requirements of the Cook County Minimum Wage and Sick Leave Mandates: 1. Take no action and allow Buffalo Grove businesses in Cook County to be subject to the County's mandates. 2. Adopt an ordinance to pre-empt the Cook County mandates. 3. Establish Buffalo Grove specific mandates for the minimum wage and/or sick leave requirement. ACTION REQUESTED Staff is seeking the Board's feedback on the matter. Should the Village Board wish to proceed to "opt out"; staff will work with Attorney Raysa on drafting the required Ordinance for the consideration. Page 3 of 3 Packet Pg. 51 2.E.b PUBLICATION OF: ORDINANCE NO. ORDINANCE AMENDING TITLE l l OF THE SCHAUMBURG VILLAGE CODE WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES ADOPTED: PUBLISHED IN PAMPHLET FORM PURSUANT TO AUTHORIZATION AND DIRECTION OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SCHAUMBURG ON 376285_1 Packet Pg. 52 2.E.b ORDINANCE AMENDING TITLE 11 OF THE SCHAUMBURG VILLAGE CODE WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES WHEREAS, the Village of Schaumburg, as a home rule unit of local government as provided by Article VII, Section 6 of the Illinois Constitution of 1970, has the authority to exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted an ordinance that requires employers in "Cook County" to provide a minimum number of paid sick days to employees ("Cook County Earned Sick Leave Ordinance"); and WHEREAS, on October 26, 2016, the County of Cook Board of Commissioner adopted an ordinance creating a minimum wage for employers in "Cook County" ("Cook County Minimum Wage Ordinance"); and WHEREAS, the Village of Schaumburg finds that these Cook County Ordinances place an undue burden on employers within the Village of Schaumburg given the current rights of employees available under Federal and State law; and WHEREAS, the Village of Schaumburg finds that given the considerable number of businesses that employ individuals that are required to work across municipal and county borders within the Chicago metropolitan region and throughout the State of Illinois, the Village of Schaumburg believes that employment -related laws are best established at the Federal and State level; and WHEREAS Article VII, Section 6(c) of the Illinois Constitution provides that if a home rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction; and WHEREAS, pursuant to its home rule powers, the Village of Schaumburg finds it in the best interest of the Village to amend the Village Code to clearly define the sick leave and minimum wage regulations that apply to employers located in the Village of Schaumburg. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SCHAUMBURG: SECTION ONE: The recitals above shall be and are hereby incorporated in this Section 1 as if restated herein. SECTION TWO: Title 1 1 of the Schaumburg Village Code is hereby amended by adding a new Chapter 129D to read in its entirety as follows: 376285 1 Packet Pg. 53 2.E.b ORDINANCE AMENDING TITLE 11 OF THE SCHAUMBURG VILLAGE CODE WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES "CHAPTER 129D — CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES A. Employers located within the Village shall comply with all applicable federal and/or State laws and regulations as such laws and regulations may exist from time to time with regard to both the payment of minimum hourly wages and paid sick leave. Employee eligibility for paid sick leave and minimum hourly wages shall also be in compliance with all applicable federal and/or State laws and regulations as such laws and regulations may exist from time to time. B. No additional obligations with regard to paid sick leave, or minimum hourly wages, including, without limitation, any additional obligations by ordinance adopted by the County of Cook Board of Commissioners, shall apply to employers located within the Village, except those required by federal and/or State laws and regulations as such laws and regulations may exist from time to time. C. For the purposes of this Section, the term "employee" means an individual permitted to work by an employer regardless of the number of persons the employer employs, and the term "employer" means any person employing one or more employees, or seeking to employ one or more employees, if the person has its principal place of business within the Village or does business within the Village. D. For the purposes of this Section, the term "employer" does not mean: (a) The government of the United States or a corporation wholly owned by the government of the United States; (b) An Indian tribe or a corporation wholly owned by an Indian tribe; (c) The government of the State or any agency or department thereof, or (d) The government of any municipality." SECTION THREE: This Ordinance shall be in full force and effect, after passage, approval and publication as required by law. AYES: NAYS: ABSENT: ADOPTED this day of , 2017. 376285 1 Packet Pg. 54 2.E.b ORDINANCE AMENDING TITLE 11 OF THE SCHAUMBURG VILLAGE CODE WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES Village President ATTEST: Village Clerk APPROVED AS TO FORM: Assistant Village Attorney 376285 1 Packet Pg. 55 2.F Action Item : Green Fleet Program Evaluation ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Discussion of current options available to the Village for green fleets and alternative fuel vehicles. ATTACHMENTS: • VBG Green Fleet Memo (DOC) Trustee Liaison Stein Monday, May 1, 2017 Staff Contact Michael Reynolds, Public Works Updated: 4/25/2017 2:57 PM Page 1 Packet Pg. 56 2.F.a V�l:�l:.JAG]E, OF l: Lz" 1F F.:L GROVE' MEMORANDUM TO: Jenny Maltas, Deputy Village Manager FROM: Mike Reynolds, Director of Public Works 1 `0, - q G� �� , DATE: February 8, 2017 RE: Green Fleet Program As part of the 2016 Strategic Plan, Public Works was assigned the task of evaluating the cost benefits of a green fleet program. This memo provides some background of the Village's previous efforts, green fleets and various options available to the Village and a discussion of the value of pursuing such an initiative. In 2007, there was considerable effort on the part of staff to evaluate sustainability programs and provide information to the Village Board. In February 2007, the Village became a member of the "Clean Air Counts" program (Resolution 2007-8). Clean Air Counts is a regional initiative to reduce ozone -causing emissions, thereby improving air quality and enabling economic development. It is a collaborative effort between the Metropolitan Mayors Caucus, the City of Chicago, U.S. Environmental Protection Agency Region 5 and the Illinois Environmental Protection Agency. This multi -year initiative seeks to achieve specific and significant reductions in targeted smog -forming pollutants and major reductions in energy consumption. Furthermore, in December 2007, the Village Board declared the Village's support and endorsement of the Metropolitan Mayors Caucus Greenest Region Compact (Resolution 2007-35). The Greenest region Compact proposes strategies and policies directed toward a cleaner environment, water conservation, recycling, pollution reduction, emergency reduction, land and tree initiatives and continue to strive to further improve the quality of life and environment within the Village and surrounding areas. Both of the aforementioned programs are now scheduled to be replaced with the Greenest Region Compact 2 (GRC2) which was approved by the Village Board in 2017. To date the Village has been very successful in its sustainability efforts. Through the efforts of Village Staff and the Buffalo Grove Environmental Action Team, many on -going programs have been developed and implemented. From a fleet perspective the Village has been actively using biodiesel (B-20) for several years, and staff has specified that all new vehicle purchases meet current EPA emission standards. The one component that remains elusive however, is in the area alternate fuel vehicle acquisition and related infrastructure. Over the past several years increased awareness about alternative fuels, flex -fuel vehicles, and other "green fleet" technologies have been widely publicized. Currently, the Village provides fuel for all Village Departments, the Buffalo Grove Park District, School District 96 and School Packet Pg. 57 2.F.a District 102. Annually, the Village's fleet and its external customers consume on average 70,000 gallons of gasoline and 50,000 gallons of diesel fuel at a cost of $290,000. Given the current situation regarding petroleum products and the continued volatility of fuel market combined with the continued interest in sustainability, green fleets continue to be an actively pursued fleet option. Current options for green fleets fall into several basic categories. Alternative fuels (bio-diesel and ethanol), Hybrids (hybrid electric & plug-in hybrid), Electric, Fuel Cell, and Compressed Gas (propane & natural gas). The primary focus of this discussion will revolve around Hybrid, Electric and Natural Gas alternatives for our fleet. Hybrid Electric Vehicles (HE 0: Currently hybrid vehicles are becoming more popular and are offered by most vehicle manufacturers, providing several varieties of passenger vehicles as well as Sport Utility Vehicles (SUV). The discussion below is based upon information provided by fueleconomy.gov, specific in-house mileage data, fuel information for certain village vehicles, actual purchase costs and cooperative bidding costs. Our current average lead free fuel cost is $2.10 per gallon and the fuel costs savings discussed in this memo are based upon replacing the a Code Enforcement vehicle currently budgeted for replacement in 2017. The vehicles used by staff travel between 3,000 and 12,000 miles annually. These mileages vary greatly due to the department to which they belong and the employee to which they are assigned within that department. Based upon the mileage and fuel use, some general conclusions can be made when comparing hybrid vehicles to our standard lead-free fueled vehicles. • It costs 30%-50% more to purchase a hybrid vehicle. • Mileage is typically 100%-180% greater for the hybrid vehicle. • Because of the higher mileage, fuel savings could be as high as $226.00 annually per vehicle. • Generally speaking ROI would be in approximately 12 years. Hybrid vehicle purchases would be the easiest and quickest program to implement as there is no infrastructure costs associated with this option. Most municipalities have at least one hybrid in their fleet. There are, however some cautionary items that need to be presented. First, the cost to replace hybrid lithium batteries is approximately $4,000 and-$8,000 thousand dollars per vehicle. Batteries can also be re -built for approximately $2,000. The Ford Escape Hybrid has an eight - year, 100,000 mile warranty on the lithium battery and currently costs approximately $7,200 to replace. Toyota Prius Hybrid has a ten-year 100,000 warranty on their battery and currently costs approximately $5,000 to replace. Second, given our vehicle useful lives are ten and eight years respectively, we have a potential exposure to battery failure on the vehicles once the manufacturer's warranty has expired. It may be necessary to incrementally increase the fleet budget for vehicle maintenance and repairs in anticipation of battery failures. Since the hybrid technology is still an evolving technology, there are no hard statistics on the battery life and its long-term use. However, the City of Highland Park has had their Toyota Paged-2- Packet Pg. 58 2.F.a Prius' since 2000 and has not experienced any significant battery issues. Similarly, the Village of Arlington Heights has been using hybrid Prius' and Escapes since 2010 with no battery issues to speak of. Electric Vehicles (EV): Electric vehicles have grown in popularity and most manufacturers offer an electric vehicle model. As with the other green options discussed in this memo, it is the infrastructure that remains the biggest impediment to implementing a program on a grand scale. There are variations on charging infrastructure and charging time for the various vehicles. Most models can be charged on standard 120v charging system (basic electrical outlet) or a 240v charging system. Through the Performance Contracting effort with Siemens, the Village installed a public 240v electric dual charging station at the Arboretum Golf Club. The cost of this project was $15,000; $3,000 for the charging unit and $12,000 for installation. Siemens took on these costs and they were not used as a part of the Performance Contract amounts. Another limitation to using electric vehicles is their driving range. Although fuel economy is published at approximately 100 mpge (miles per gallon equivalent), the vehicle's travel range on a single charge is approximately 60 — 100 miles depending on the vehicle. These vehicles would be ideal for use on a local basis by inspectors or other staff. Based upon the mileage and fuel use, some general conclusions can be made when comparing electric vehicles to our standard lead-free fueled passenger vehicles. • It costs 46%-70% more to purchase an electric vehicle (vehicle cost only). • Fuel economy is typically 450% - 550% greater for the electric vehicle. • Because of the higher mileage, fuel savings could be as high as $350.00 annually per vehicle. • The cost to charge a vehicle annually would be approximately $135.00. • Generally speaking ROI would be approximately 10 years. As with hybrid electric vehicles, electric vehicles would be a relatively easy and quick program to implement. Although there would be some up -front infrastructure investment required for charging stations, those stations would have a considerably longer useful life and their cost would be amortized over the useful lives of several generations of vehicles. Additionally, a single vehicle charging station can charge several vehicles (at different times), so there is no need for a one-to-one charging station to vehicle expectation. Based upon our vehicle use, charging intervals would be once or twice per week. Coordination among the various users would be required however. Compressed Natural Gas: Compressed natural gas is the same natural gas that is used in home heating, except that it has been compressed (pressurized) to 3600 pounds per square inch (PSI) in a high-pressure tank for use in a vehicle. CNG is the cleanest -burning of the commonly used alternative fuels, reducing emissions by 11% - 21%1'2 However, the space required for in -vehicle storage of the required 'Alternate Fuels and Advanced Vehicles Data Center, U.S. Department of Energy, June 2016. Paged-3- Packet Pg. 59 2.F.a tank is prohibitive for some vehicles, limiting the availability of CNG for use in certain applications. The fueling infrastructure is also more complicated and expensive than that of other commonly used alternative fuels3. The benefits of CNG are that there is an abundant supply of natural gas for use in vehicles. Recently discovered natural gas underground reserves are expected to hold the price lower for the next several years 4. Additionally, because it is a cleaner burning fuel, it extends the life of the engine and reduces engine maintenance. CNG has historically been less expensive than regular lead-free gasoline and diesels. However, in 2016, CNG costs have been slightly higher (5%to 10%)6,7 than standard lead-free gasoline and diesel for the Midwest Region. As fuel prices approach the $2.00 per gallon price, the cost benefits of CNG are diminished. The implementation of a CNG initiative is considerably more involved and complicated because of infrastructure cost, limited funding sources, current site limitations, future fueling site availability and the limited number of vehicles that could initially use the technology. Currently the Village has no natural gas vehicles so any initiative to implement a CNG system would require a significant capital investment from the outset with the purchase of infrastructure and vehicles. First, with regard to infrastructure, CNG systems come in a variety of sizes. They can be as small as a one or two vehicle filling system up to a 30-50 vehicle filling system or larger. The costs for these systems range from $10,000 to $900,000 or greaters. Systems can be either a "quick -fill" or a "slow fill'. Quick fill systems work similar to the gas pumps we currently use. With a slow fill system, users would plug the vehicle in overnight to fill the vehicle. The Village of Lake Zurich installed their quick -fill system in 2001 and had eight bi-fuel pick-up trucks and one bi-fuel passenger van. Lake Zurich received a grant for the installation of their infrastructure. Unfortunately, because of the cost to maintain the station, Lake Zurich decommissioned the system in 2013 and has since sold their bi-fuel vehicles. CNG filling stations can be also expanded to include private vehicles. The most notable local public/private fueling arrangement was in Evanston. In 2001 the City of Evanston, together with the Village of Skokie and Northwestern University created a CNG fueling cooperative called EVNORSKO. This cooperative provided a CNG fueling site for the three entities as well as the public. While this project achieved early success, it never really blossomed and was disbanded in 2008 and the infrastructure was sold. The major impediment to the expansion of CNG use and CNG vehicles in our area is the lack of CNG fueling sites in the northwest suburban area. There are only 3 public CNG fueling facilities within a twenty-five mile radius of the Public Service Center9. Additionally, Waste Management in Wheeling, Groot Industries in Elk Grove Village and Advanced Disposal in Northbrook are the 2 Natural Gas Vehicles for America, 2014. 3 Chicago Area Clean Cities, 2017 4 Gas Technology Institute, May 2010. s Clean Cities Alternate Fuels Price Report, January 2016. 6 Clean Cities Alternate Fuels Price Report, January 2016. Natural Gas Vehicles for America, 2014. ' Cost Associated with Compressed Natural Gas Vehicle Fueling Infrastructure, U.S. Department of Energy, 2014. 'Alternate Fuels and Advanced Vehicles Data Center, U.S. Department of Energy, June 2015. Page - 4 - Packet Pg. 60 2.F.a closest existing private facilities. However, with the latest round of federally funded projects through the Chicago Area Clean Cities, ten additional fueling sites are scheduled to come on- line within the next twelve to eighteen months. Another impediment is vehicle availability and cost. CNG vehicles get the similar mileage and have similar performance characteristics as standard fueled vehicles. However, because of the space required for the CNG System on the vehicles, not all vehicles are good candidates for CNG conversion. CNG vehicles are considerably more expensive10 ($8,000 to $12,000) per vehicle depending on make, model than traditional vehicles"; however there are rebates available that offset some of the additional cost. Depending on the class of vehicle purchased, the Illinois EPA, through the Chicago Area green Fleet Grant Program will pay 50% of the incremental cost up to $10,000, $20,000 or $100,000 per vehiclei2. Vehicles can be manufactured as CNG vehicles or they can be converted (up fitted) to CNG vehicles and can be either dedicated CNG vehicles, which can only operate on CNG or they can be bi-fuel vehicles which can run on CNG or regular gasoline. Most if not all up fitted vehicles are bi-fuel vehicles. Currently most vehicle manufacturers offer CNG options. Other CNG conversion options are available through qualified up fitters using EPA/CARB Certified Systems from Small Volume Original Equipment Manufacturers (SVM)13. What this means, is that the village would purchase the vehicles through our normal processes. The vehicles would be sent, prior to delivery to the village from the dealer, to a vendor to have it up fitted with a CNG system. We could also up fit existing vehicles if we chose to do so. Because CNG and regular fuel vehicles have similar mileage and operating characteristics, the mileage that the vehicles travel, and ultimately the amount of fuel used by those vehicles, determines the length of time required for the return on investment (ROI). Typically, fleets that have higher annual mileage (higher fuel consumption) are more suitable candidates for CNG systems. This holds true for all alternate fuel vehicles. Although there are CNG sedans, pick-up trucks and larger vehicles currently available for use in a CNG application, initially, only administrative vehicles and some pick-up trucks would be CNG vehicles. The program could eventually be expanded to include police patrol fleet and larger trucks were the Village to embark on a CNG program. Based upon the discussion above, it would not be recommended that the Village pursue CNG vehicles at this time. Conclusions: This is a brief overview of the current issues involving the subject of green fleets, use of electric and CNG as alternate fueling sources, available vehicles and current options available to the Village. Staff will continue to monitor the subject. 10 Natural Gas Vehicles for America, 2014. 11 Consumer Reports, the natural gas alternative, the pros & cons of buying a CNG-powered car, April 2014. 12 Illinois Green Fleets — Chicago Area Green Fleet Grant Program, 2014. 13 Natural Gas Vehicles for America — Guide to Available Natural Gas Vehicles and Engines, 2014. Paged-5- Packet Pg. 61 2.F.a There are as many scenarios as there are vehicles and the mileages and costs discussed can be disputed by simply changing the make and models of the vehicles analyzed. The bottom line is that the decision to replace our standard passenger vehicles with hybrid passenger vehicles is not so much a cost -benefit decision as it is a philosophical one. With regard to vehicle purchases, there may be some federal rebate money available which would further reduce the Village's costs. However these rebates are difficult to get and sometimes require dealer participation. The rebate is also provided on a pro -rated basis depending on when in the production cycle the vehicles are purchased. Furthermore, depending on when the bid contracts are let and where manufacturers are in the production cycle, our rebate, if any would be minimal. Currently in Illinois, the Illinois Green Fleets Alternate Fuels Rebate Program has been temporarily suspended. With regard to infrastructure, there is grant funding available to fully or partially finance these types of projects. Chicago Area Clean Cities has federal funding available for alternative fuel infrastructure and typically looks at local governments as good candidates for using the available funds. Our chances of a successful funding outcome are improved if we apply jointly with other agencies. As a requirement of the grant funding, should a joint application be pursued, agencies would be required to commit to a local funding component as well as a CNG vehicle -purchasing component. This joint effort could also be expanded to include other Villages and public agencies. Recommendations: It is our opinion that all passenger vehicles and SUV's not directly involved with emergency response be considered for replacement with hybrid electric or electric vehicles through the normal replacement schedule only if the venture breaks even.. As hybrid technology improves, the cost of purchasing these vehicles should decrease. Likewise, if fuel prices continue to rise the hybrid scenarios further improve. It is further recommended that any effort to engage in a CNG program not be pursued at this time, but rather evaluated as part of a larger building facility evaluation. c: Robert Whalen, Fleet Manager File Paged-6- Packet Pg. 62