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2018-01-22 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 A. Pledge of Allegiance 2. Approval of Minutes A. Village Board - Regular Meeting - Dec 18, 2017 7:30 PM B. Village Board - Committee of the Whole - Jan 8, 2018 7:30 PM 3. Approval of Warrant A. Approval of Warrant #1285 (Trustee Johnson) (Staff Contact: Scott Anderson) 4. Village President's Report 5. Village Manager's Report A. New Firefighter/Paramedic Badge Presentation (Trustee Ottenheimer) (Staff Contact: Mike Baker) B. Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award Presentation (Trustee Johnson) (Staff Contact: Andrew Brown) 6. Special Business A. Public Hearing - Annexation Agreement for the Property at 16802 W Aptakisic Rd (Proposed Link Crossing Development) (Trustee Stein) (Staff Contact: Chris Stilling) 7. Reports from Trustees 8. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). A. R-2018-1 Resolution Revising the Procurement Policy (Trustee Johnson) (Staff Contact: Brett Robinson) SUMMARY: Staff recommends approval of a resolution adopting the revisions to the Procurement Policy in order to comply with IDOT's new requirements. B. 0-2018-1 Ordinance Approving an Amendment of Village Ordinance 2015-47 to Allow for a Name Change for 55 Dundee Road (Trustee Stein) (Staff Contact: Chris Stilling) SUMMARY: The existing property owner at the Buffalo Grove Auto Center and Car Wash is seeking an amendment to Ordinance 2015-47 for a name change of the underlining ownership entity. The existing operations would remain unchanged. C. 0-2018-2 Ordinance Approving a Special Use and Variation for Buffalo Grove High School at 1100 W Dundee (Trustee Stein) (Staff Contact: Chris Stilling) SUMMARY: Township High School District 214 is proposing an addition, along with other improvements, to the existing Buffalo Grove High School located at 1100 W Dundee Road. The school property is currently zoned R1 and schools are a special use. As a result of the changes, a special use is required. D. 0-2018-3 An Ordinance Amending Chapter 10 of the Village of Buffalo Grove Municipal Code (Trustee Berman) (Staff Contact: Darren Monico) SUMMARY: Vernon Township has requested an adjustment of the turning restrictions from Prairie Road onto Brockman Avenue. E. Prairie Road Dedication Hoffman Parcel (Trustee Berman) (Staff Contact: Darren Monico) SUMMARY: As a condition of Annexation to the Village, the Hoffman Family is dedicating Right -of -Way for the future Prairie Road Widening Project. F. Proclamation for National Engineers Week (Trustee Stein) (Staff Contact: Darren Monico) SUMMARY: A Proclamation recognizing National Engineers Week, February 18-24, 2018. 9. Ordinances and Resolutions A. 0-2018-4 Ordinance Approving an Annexation Agreement for the Property at 16802 W Aptakisic Rd (Proposed Link Crossing Development) (Trustee Ottenheimer) (Staff Contact: Chris Stilling) B. 0-2018-5 Ordinance Annexing the Property at 16802 W Aptakisic Rd (Link Crossing Development) (Trustee Ottenheimer) (Staff Contact: Chris Stilling) C. 0-2018-6 Ordinance Approving a Rezoning for the Property at 16802 W Aptakisic Rd (Link Crossing Development) (Trustee Ottenheimer) (Staff Contact: Chris Stilling) D. 0-2018-7 Ordinance Approving an Amendment to Chapter 17.36 and Section 8.24.170 of the Municipal Code Concerning Recreational Vehicles (RVs) (Trustee Ottenheimer) (Staff Contact: Chris Stilling) E. R-2018-2 A Resolution Approving a Revised Intergovernmental Agreement for the Combined Area Fire Training Facility (Trustee Johnson) (Staff Contact: Mike Baker) F. R-2018-3 Resolution Adopting the 2018 Personnel Manual Revisions (Trustee Ottenheimer) (Staff Contact: Arthur Malinowski) 10. Unfinished Business 11. New Business A. Waive Bids and Purchase Total Patcher Vortex (Trustee Stein) (Staff Contact: Brett Robinson) B. Authorization to Purchase Replacement Vehicles through the Suburban Purchasing Cooperative (Trustee Stein) (Staff Contact: Brett Robinson) C. Sidewalk Cutting (Trustee Stein) (Staff Contact: Brett Robinson) D. Authorization to Purchase Equipment through the National Joint Powers Alliance (Trustee Stein) (Staff Contact: Brett Robinson) 12. 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. 13. 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 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, DECEMBER 18, 2017 CALL TO ORDER President Sussman called the meeting to order at 7:28 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Stein, Ottenheimer, Weidenfeld, Johnson and Smith. y d 3 Also present were: Jennifer Maltas, Deputy Village Manager; William Raysa, Village Attorney; Scott Anderson, Finance Director; Andrew Brown, Deputy Finance Director; Art Malinowski, Director of Human Resources; Brett Robinson, Director of Purchasing; Evan Michel, Management Analyst; C Christopher Stilling, Director of Community Development; Mike Reynolds, Director of Public Works; j Darren Monico, Village Engineer; Joe Bridges, Golf Professional; Fire Chief Baker and Police Chief o a Casstevens. a Q APPROVAL OF MINUTES Moved by Weidenfeld, seconded by Ottenheimer, to approve the minutes of the November 6, 2017 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. Moved by Smith, seconded by Johnson, to approve the minutes of the November 13, 2017 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. Moved by Stein, seconded by Berman, to approve the minutes of the December 4, 2017 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. WARRANT #1284 Mr. Anderson read Warrant #1284. Moved by Johnson, seconded by Ottenheimer, to approve Warrant #1284 in the amount of $2,770,883.15 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. VILLAGE PRESIDENT'S REPORT Packet Pg. 4 2.A There is no Village President's report tonight. There is no Village Manager's report tonight. VILLAGE MANAGER'S REPORT REPORTS FROM TRUSTEES Trustee Ottenheimer wished everyone a Happy New Year, and he thanked the Board for working very well together noting that a lot was accomplished with thanks to staff for helping achieve those accomplishments, and he welcomed Trustee Eric Smith to the Village Board. CONSENT AGENDA d President Sussman explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. C 'R Resolution No. 2017-36 — Construction on State HiEhways o Motion to pass Resolution No. 2017-36 for Construction on State Highways. Q Motion to authorize staff to seek competitive bids for various projects. Competitive Bids Competitive Proposals Motion to authorize staff to waive bids and seek competitive proposals for various projects for FY 2018. Moved by Ottenheimer, seconded by Smith, to approve the Consent Agenda. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2017-54 — PERSONNEL MANUAL Moved by Ottenheimer, seconded by Berman, to pass Ordinance No. 2017-54 amending the Village's Personnel Manual to include an updated policy Prohibiting Sexual Harassment. Mr. Malinowski reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of December 12, 2017. Mr. Malinowski noted that the Village of Buffalo Grove has had this type of policy in place for many years, and this ordinance simply makes minor changes in order to bring it into compliance with State mandates. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. RESOLUTION NO. 2017-37 — GOLF CART LEASE Packet Pg. 5 2.A Moved by Weidenfeld, seconded by Berman, to pass Resolution No. 2017-37, execution of a lease for Golf Carts at Buffalo Grove Golf Club and Arboretum Golf Club, consistent with materials continued in Board packets. Mr. Bridges and Mr. Robinson reviewed the proposed lease, details of which are contained in Mr. Tollefson's memo to Mr. Bragg of December 14, 2017. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. COLLECTIVE BARGAINING AGREEMENT d Moved by Smith, seconded by Johnson, to authorize the Village Manager to enter into a Collective Bargaining Agreement with Metropolitan Alliance of Police, Police Patrol Officer Chapter #672. 0 Ms. Maltas reviewed the proposed Agreement, details of which are contained in the Village Board Meeting j Agenda Item Overview. a a President Sussman thanked staff for all of the hard work that went into this agreement. Q Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers, and asked if there were any questions from the audience on items not on tonight's agenda; there were no such requests. President Sussman wished everyone a very happy and healthy 2018. ADJOURNMENT Moved by Johnson, seconded by Ottenheimer, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 7:47 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 22" d DAY OF January 2018 Village President Packet Pg. 6 2.B MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD AT THE INDIAN TRAILS LIBRARY, 355 SCHOENBECK, WHEELING, ILLINOIS ON MONDAY, JANUARY 8, 2018 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Stein, Ottenheimer, Weidenfeld, Johnson and Smith. y d Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jennifer Maltas, Deputy c Village Manager; Scott Anderson, Director of Finance; Andrew Brown, Deputy Director of Finance; Art 5 Malinowski, Director of Human Resources; Brett Robinson, Director of Purchasing; Peter Cahill, Human o Resources Management Analyst; Evan Michel, Management Analyst; Chris Stilling, Director of Community Development; Nicole Woods, Village Planner; Mike Reynolds, Director of Public Works; Darren Monico, 0- Village Engineer; Geoff Tollefson, Director of Golf Operations; Police Chief Casstevens and Deputy Fire Chief Q- a Wagner. Q The Committee of the Whole Meeting consisted of staff reports and Board discussion on the following issues. LAKE COOK CORRIDOR Nicole Woods began by presenting a brief overview of the project progress to date, details of which may be found in her memo to the Board of January 8, 2018. Domenic Salpietra of HOK presented an outline of the Draft Plan, which is also highlighted in the memo from Nicole Woods, after which he and staff answered questions from the Board and the audience. Staff was thanked for the work that they have done to compile the proposed plan. LIAISON PROGRAM TO LOCAL TAXING BODIES Jenny Maltas noted that one of the Village Board goals in the Strategic Plan is to establish a liaison program to the local taxing bodies with the purpose of enhancing relationships, communications and future partnerships with each local government agency that serves our residents. Details of this proposal are contained in her memo to the Board of January 4, 2018. GOLF COURSE FINANCIAL REVIEW Mr. Bragg introduced this topic, noting several financial options that measure the performance of the golf courses. Mr. Anderson discussed the three options presented for determining profitability of the golf courses, details of which are contained in the memo from him and Mr. Brown to Mr. Bragg of January 4, 2018. Mr. Tollefson reviewed the operations aspect of the golf courses. Mr. Brown further reviewed the financials of each of the three options, after which staff members answered questions from the audience and the Board. VILLAGE BOARD PRIORITIES Packet Pg. 7 2.B Discussion of Village Board priorities was deferred until the February 5, 2018 Committee of the Whole Meeting. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers, and asked if there were any questions from the audience on items not on tonight's agenda; there were no such questions. ADJOURNMENT Moved by Johnson, seconded by Weidenfeld, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:43 P.M. N d Janet M. Sirabian, Village Clerk c 4- 0 APPROVED BY ME THIS 22°a DAY OF January 2018 0 L. Q Q G� Village President a Packet Pg. 8 3.A Action Item : Approval of Warrant #1285 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. Staff recommends approval of Warrant #1285 which totals $3,733,752.67. ATTACHMENTS: • W#1285 SUMMARY (PDF) Trustee Liaison Johnson Monday, January 22, 2018 Staff Contact Scott Anderson, Finance Updated: 1/18/2018 3:15 PM Page 1 Packet Pg. 9 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1285 22-Jan-18 General Fund: 778,578.71 Parking Lot Fund: 6,885.90 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 0.00 School & Park Donations 0.00 Capital Projects -Facilities: 88,811.60 Capital Projects -Streets: 68,149.47 Health Insurance Fund: 0.00 uO 00 N Facilities Development Debt Service Fund: 0.00 c ca L Retiree Health Savings (RHS): 0.00 L Water Fund: 55,791.85 N N Buffalo Grove Golf Fund: 5,818.80 Q Arboretum Golf Fund: 17,510.45 Refuse Service Fund: 144,507.60 LO N Information Technology Internal Service Fund: 128,301.96 Central Garage Internal Service Fund: 47,546.03 E Building Maintenance Internal Service Fund: 69,174.36 1,411,076.73 a PAYROLL PERIOD ENDING 12/28/17 962,393.04 PAYROLL PERIOD ENDING 01/11/18 1,360,282.90 2,322,675.94 TOTAL WARRANT #1285 3,733,752.67 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 10 5.A Information Item : New Firefighter/Paramedic Badge Presentation ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends presentation. Eric Sutherland will be presented with his Firefighter/Paramedic badge from the Buffalo Grove Fire Department. Trustee Liaison Ottenheimer Monday, January 22, 2018 Staff Contact Mike Baker, Fire Updated: 1/17/2018 9:45 AM Page 1 Packet Pg. 11 5.B Information Item : Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award Presentation Recommendation of Action pp ,,,,,,,,,,,,,7..... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, N/A The Government Finance Officers Association (GFOA) recently conferred upon the Village of Buffalo Grove its Certificate of Achievement for Excellence in Financial Reporting Program (CAFR) Award for the FY 2016 audit report. This is the Village's 35th CAFR Award. The Village also received the Popular Annual Financial Reporting (PAFR) award for the FY 2016 Village of Buffalo Grove PAFR. The Village published its fourth PAFR in as many years. Buffalo Grove is 1 of 13 communities in Illinois to receive this award. Each document can be found at the following link: FY 2016 CAFR - https://www.vbg.org/DocumentCenter/View/3253 FY 2016 PAFR - https://www.vbg.org/DocumentCenterNiew/3256 The Village congratulates its executive team on these significant accomplishments. Trustee Liaison Johnson Monday, January 22, 2018 Staff Contact Andrew Brown, Finance Updated: 1/18/2018 11:12 AM Page 1 Packet Pg. 12 6.A Action Item : Public Hearing - Annexation Agreement for the Property at 16802 W Aptakisic Rd (Proposed Link Crossing Development) Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, The Village Board should open the public hearing and take any additional testimony concerning the annexation agreement. Once all testimony has been received and the Village Board has discussed the terms of the annexation agreement, the public hearing can be closed. Staff recommends that the Village Board approve the attached annexation agreement, subject to the final review and approval by the Village Attorney. K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple - Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. Additional information can be found in the attached staff memorandum. ATTACHMENTS: • BOT Memo (DOCX) • KHov Letter 1.17.18 (PDF) • School District 102 Letter (PDF) • KHov letter to School District 102 dated 4.3.17 (PDF) • Updated Fiscal Impact Table (PDF) • Draft Annex Agreement 1.17.18 (DOCX) • Exhibit B Plat of Annexation (PDF) • Exhibit C Preliminary Plat (PDF) • Exhibit D Preliminary Engineering Plans (PDF) • Exhibit E Preliminary Site Plans (PDF) • Exhibit F Landscape Plans (PDF) • Exhibit G Architectural Rendering (PDF) • Exhibit H Sample Development Improvement Agreement (PDF) • Exhibit I Recapture Fees Letter (PDF) • Exhibit J School District 102 Fees • PZC Staff Report Dated 12.6.17 • 4-5-17 PZC Minutes (PDF) • 4-19-17 PZC Minutes (PDF) • 7-19-17 PZC Minutes (PDF) • 12-6-17 PZC Minutes (PDF) Trustee Liaison Stein (PDF) (DOCX) Staff Contact Chris Stilling, Community Development Updated: 1/18/2018 5:08 PM Page 1 Packet Pg. 13 Action Item (ID # 2193) 6.A Meeting of January 22, 2018 Monday, January 22, 2018 Updated: 1/18/2018 5:08 PM Page 2 Packet Pg. 14 6.A.a DATE: January 18, 2018 ILIA I 1" UltbPA 10 f. OeWent Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development Is SUBJECT: Public Hearing Regarding an Annexation Agreement for Link Crossing narvmzni iNn K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple -Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. The complete list of the variations is included in Section 37 of the attached draft annexation agreement. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION On December 6, 2017, the PZC recommended denial (6-2) of the project consisting of 59 clustered single family (SF) detached homes and 133 2-story townhomes (total of 192 units). Subsequent to the December 6`" PZC public hearing, KHov has made further changes to their land plan to reduce the density of the project from 192 units to 187 units resulting in a gross density of 3.74 units/acre. The most significant change is around the existing park area where they are eliminating 18 attached townhomes and converting the area to 9 clustered single family lots. To offset the loss of townhomes, KHov is proposing to add four townhome units around the site (ex. making S-unit buildings to 6-unit buildings). � 1 1 w -T =E7 727 --� n a 59 clustered single-family detached homes 133 2-story townhomes 68 clustered single-family detached homes 119 2-story townhomes Page 1 of 4 Packet Pg. 15 6.A.a As proposed, staff is supportive of the overall project, including the latest plan. The projections prepared by the developer show a fiscally positive project for all taxing bodies. Furthermore, the inclusion of a mix of housing types by the developer is intended to help diversify the Village's housing stock, which were key recommendations in the 2016 Village of Buffalo Grove Economic Development Strategic Plan. As a result, staff recommends approval subject to the terms and conditions identified in the attached draft annexation agreement and final review and approval by the Village Attorney. The following are some of the key terms of the draft annexation agreement: 1. The Developer shall make the necessary land donation and improvements to the surrounding development in accordance to the draft plans attached and as approved by the Buffalo Grove Park District. 2. The Developer shall pay a cash contribution to School District 102 in accordance to their letter/proposal to District 102 dated April 3, 2017. Cash contributions to District 125 shall be in accordance with Title 19 of Village Code. 3. The Developer shall pay an annexation fee of $1,500 per residential unit. 4. The Village shall convey and the Developer shall accept the existing Village owned detention pond located at the southeast corner of Brandywyn and Buffalo Grove Road. All future maintenance responsibilities of this pond shall be borne by the future HOA. 5. Final architectural plans and elevations (including colors and materials) shall substantially conform to the colored building elevations and shall not use aluminum or vinyl siding. 6. All building elevations (detached and attached) that abut existing/future ROWS and private streets shall include foundation landscaping and additional architectural treatments in a manner acceptable to the Village. 7. The final plat of subdivision shall be revised in a manner acceptable to the Village. The future right- of-way (ROW) at the southernmost terminus of Street G and Street I shall be identified as outlots. At the request of the Village, these outlots shall be conveyed to the Village for future ROW. All future and subsequent homeowners shall sign a disclosure acknowledging that these outlots will become a future public road. A sign shall also be posted on the property, in a form and manner acceptable to the Village, indicating that this area will be future ROW. S. Turning radii throughout the development may be revised in a manner acceptable to the Village. This may require the need to limit on -street parking in a manner acceptable to the Village. 9. Final engineering and final landscaping plans shall be revised in a manner acceptable to the Village. 10. All medians and islands located in public ROW shall be identified as outlots and shall be the ownership and maintenance responsibility of the HOA. 11. Setbacks for all units shall be in accordance to the approved site plan. 12. An emergency access to Buffalo Grove Road shall be provided in a manner acceptable to the Village. This shall include an additional emergency access to Buffalo Grove Road from Street I and from Street K. 13. Prior to the recording of the plat of subdivision, a phasing plan shall be submitted in a manner acceptable to the Village. The Village may consider earthwork and mass grading prior to the recording of the final plat provided that the necessary letters of credit are provided and the plan has been approved by the Village. 14. The proposed development may be allowed to follow the current building codes and local amendments in place at the time of the approval of this project. This provision shall lapse 5-years after the issuance of the first building permit. PUBLIC HEARING COMMENTS Over the course of the project, many members of the public spoke in opposition to the project with concerns revolving around impact to schools, density, park land, 3-story units, traffic and market viability. Further details about the comments are outlined below in the Plan History/Progress section of the memo. Page 2 of 4 Packet Pg. 16 6.A.a Minutes from the April 5, 2017, April 19, July 19, 2017 and December 6, 2017 PZC meetings are attached. Also attached is the staff report from the December 6, 2017 PZC which provides a further summary of the project. PLAN HISTORY/PROGRESS Village Board Referral I(Hov presented its concept plan the Village Board (April, 2016) for a 222 unit development. The Village Board provided comments and referred the project to the PZC to begin the entitlement process. PZC Workshops Prior to scheduling for a public hearing, the PZC facilitated several workshops (May 2016, June 2016, August 2016, and March 2017) to review the plan. During these presentations and workshops, the PZC provided feedback on the plan particularly on topics such as sidewalks, densities, building setbacks, building orientation, integration with adjacent buildings, traffic flow, open space and trail system. PZC Public Hearings/Discussion The following is a summary of the various public hearings/discussion related to the project. Minutes of each meeting are attached. April 5, 2017 PZC Meeting At the April 5, 2017 PZC meeting, KHov presented their final version of the Link Crossing plan for public hearing. The development consisted of 214 units in three neighborhoods: 70 clustered single-family detached (SFD) homes, 73 two-story single-family attached (SFA) townhomes, and 71 three-story single- family attached (SFA) townhomes. Approximately 40 members of the public attended the public hearing to learn more about the project and provide feedback. Around 15 members of the public spoke and their concerns revolved around the following themes: • Impact of development on schools • Prairie Grove Park improvements and the need for an expansion • Overall development density and character with surrounding developments • Three-story townhomes • Need for sidewalks along the cul-de-sacs in single family development • Increased traffic and its impact to the surrounding developments • Market feasibility Ultimately, the PZC continued the item to allow time for additional testimony. April 19, 2017 PZC Meeting cW) At the April 19, 2017 PZC meeting, KHov asked for additional comments from the public and the PZC. KHov rn N was then directed to respond to the cumulative comments raised during the PZC meeting and the direction `� 0 received by the Park District to increase the park's size. At this time, I(Hov requested the project be E continued to the July 19, 2017 PZC meeting. This allowed them more time to develop plan alternatives and g also host a neighborhood meeting (May 16, 2017). O 00 July 19, 2017 PZC Meeting c At the July 19, 2017 PZC meeting, KHov presented alternative plans for consideration. Two of the three E plans were very similar and only differed in regards to public or private cul-de-sacs. The third plan provided a more traditional roadway configuration. Each plan ranged from 192-196 units and all alternatives a included the following revisions: Page 3 of 4 Packet Pg. 17 6.A.a • Replacement of the three-story townhomes with two-story townhomes • Expansion of the Prairie Grove Park • Approximately a 10% reduction in total unit count December 6, 2017 PCZ Meeting (Final Meeting) The plan proposed at the December 61" 2017 PZC hearing maintained the original intent of the project while reducing the overall unit count to 192 units (59 clustered SF detached homes and 133 2-story townhomes) with an overall gross density of 3.84 units/acre. The proposed development targets the active 55+ demographic by featuring many units with a first floor master bedroom and by offering a 100% maintenance -free environment for all unit types. Furthermore, their plan eliminated all the 3-story townhomes and provided more park land. SCHOOL/PARK IMPACTS School District 102 (Elementary) Throughout the planning process, the developer and staff have met with the School District 102. Based on discussions with both the developer and School District 102, a tentative agreement was reached with District 102 staff. This agreement has not been approved by the School Board as they were awaiting the final outcome of the project. As part of the agreement, the developer is providing additional impact fees to District 102 as outlined in the attached letter from KHov dated April 3, 2017. Also attached is a letter from District 102 dated January 10, 2018. The letter states that the District would not support any plan/housing mix that would result in a negative financial impact to the District. The District's position is that the proposed plan results in a positive financial impact. The District also states that a potential plan that would include a higher percentage of larger single family detached homes and a smaller percentage of attached single family villa/townhomes would result in a negative financial impact and the District would not support such a plan. School District 125 (Stevenson) According to the fiscal impact study, a total of 25 high school aged children would be generated by the development. Based on the analysis, the proposed project would be fiscally positive to the District 125 and therefore the developer is proposing to pay impact fees in accordance to Title 19 of Village Code. Park District The current plan now provides for a 2.5 acre park land donation which doubles the size of the existing Prairie Grove park. It also includes additional bike paths that will be dedicated to the Park District. A further cash contribution will be provided to the Park District per Code. Fiscal Impacts The developer has provided a summary of the fiscal impact analysis (attached) which identifies that the N proposed development would be fiscally positive to all the taxing bodies. 0 E ACTION REQUESTED The Village Board should open the public hearing and take testimony concerning the annexation agreement. Once all testimony has been received and the Village Board has discussed the terms of the m annexation agreement, the public hearing can be closed. The annexation agreement is attached for consideration for final approval by the Village Board and includes the recommended conditions as well as d E additional requirements consistent with residential developments. Staff recommends that the Village Board M approve the attached annexation agreement, subject to final review and approval by the Village Attorney. a Page 4 of 4 Packet Pg. 18 Chris Stilling Director of Community Development Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, Illinois 60089 RE: Link Crossing Revised Plans January 22nd, 2018 Village Board meeting Dear Mr. Stilling, January 17, 2018 I have attached the latest Overall Site Plan for our Proposed Link Crossing subdivision for consideration by the Village Board at their meeting on Monday, January 22nd, 2018 along with the annexation agreement and related exhibits. From the plan last presented to the Planning and Zoning Commission on December 61h, 2017, we have decreased the total number of units from 192 to 187. We did this by redesigning the neighborhood directly west of the park and substituting single family homes for the townhomes that were originally planned. This results in the entire east half of the community being planned for single family homes. The townhomes are now totally screened and buffered from the existing single family homes to the east by more single family homes and an expanded park site. The result is now a plan with 68 single family homes and 119 townhomes rather than 59 single family homes and 1.33 townhomes. In addition, since this plan was originally referred to the Plan Commission by the Village Board, the following changes have been made: • The density has been reduced frorn 222 units to 187 units, a reduction of over 15%. ® The plan was revised from 74 - 3 story rowhomes and 73 - 2 story townhomes (147 townhomes) to 119 - 2 story townhomes, totally eliminating the 3 - story rowhomes. ® Public sidewalks and streets were added throughout the single family cluster program ® Additional off-street parking has been added throughout the townhome neighborhood. ® The extension of Meridian Way as a through street was eliminated, avoiding more traffic through the existing neighborhood. 0 Prairie Grove Park was expanded to more than double its current size. I Packet Pg. 19 1 0 Vinyl or aluminum siding will not be used on any of the homes. • Aptakisic Tripp School District will be receiving a capital contribution in addition to the required land/cash contribution that more than doubles what Village Ordinance normally requires. • The Village detention basin located at the southeast corner of Buffalo Grove Rd. and Brandywyn Lane will now be maintained by the Link Crossing Homeowner's Association. We believe that the current plan is consistent with the character of the plan originally referred to the Planning and Zoning Commission by the Village Board while addressing the many concerns raised during the public hearing process by the members of the Commission as well as Village staff, neighbors and other governmental jurisdictions. Sincerely, s ETruesdell Land Acquisition Advisor K. Hovnanian Homes, Inc. 2 I Packet Pg. 20 1 Dr. Lori Wilcox, Superintendent fi.A.0 Ms. Stacey Bachar, Asst. Supt. Business Services/CSBO Dr. Robert Hudson, Asst. Supt. fbr Learning and Growth January 10, 2018 Chris Stilling Community Development Director Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Dear Mr. Stilling: With the Village Board considering the plans for the Links Crossing Development on January 22, 2018, District 102 would like to clarify their thoughts on the proposed plan(s). • District 102 would not support any plan/housing mix that results in a negative financial impact to the District. Approving this development as proposed at the December 6th Planning and Zoning Meeting, with 59 single family detached homes and 133 attached single family villa/townhomes, which resulted in a positive financial impact to the District would be supported by District 102. There was also discussion regarding a potential plan that would include a higher percentage of larger single family detached homes (100) and a smaller percentage of attached single family villa/townhomes (50). This plan and/or any plan that includes all single family detached homes would result in a negative financial impact to the district and would not be supported by District 102. District 102 has a tentative agreement dated April 3, 2017 with K Hovnanian that includes impact fees over and above the current Village Ordinance, plus an additional capital development fee that doubles the proposed impact fees. Based on prior plans from Spring 2017, the total amount of one-time impact fees/capital development fees are estimated to be approximately $621,376. The fee schedule is based on the number of units, type of unit, and student generation analysis. Once the final plan is approved the agreement will be updated for the actual number of units and types. The Board of Education will be presented with this final agreement for approval. District 102 is in the business of educating students, therefore, it is not our place to approve or disapprove any future development. However, District 102 would not support any plan that, based on the student and financial impact analysis, would result in a negative financial impact to the District. District 102 is known for its excellence in educational programs and financial stability and would not support any plan that could potentially impact the quality of our current and future students' education. Sincerely, :�Q�_ Stacey Bachar Assistant Superintendent for Business Services/CSBO District Office e 1231 Weiland Road . Buffalo Grove, IL, 60089 Phone: (847) 353-5650 - Fax: (847) 634-5334 ® D102.org Every Day — Every Student Packet Pg. 21 Aptakisic-Tripp School District 102 1231 Weiland Road Buffalo Grove, IL 60089 Phone: (847) 353-5690 Fax (847) 634-5334 D102.org Every Day — Every Student I Packet Pg. 22 1 Stacey8achar 4/3/2017 Assistant Superintendent for Business Services/CSBO 4ptakisicTripp School District 102 12]OWeiland Road Buffalo Grove, |L6O089 Link Crossing / School District #102Fee Agreement Dear Stacey, Over the past 6-9 months K. Hovnanian has been working closely with the Village of Buffalo Grove, herein "Village", to finalize initial plans for Link Crossing, a proposed 214-unit development at the southeast corner of Buffalo Grove Road and Brandywyn. Since we've started working on this proposed development we understood that it may have a significant impacton the local school districts, anopinion that has been echoed bvboth the Village Board and the Plan Commission during our concept review meetings in 2016. We sincerely appreciate all of your time and the information you've provided over the past 6 months. Further, we understand that Buffalo Grove School District 102, herein "District 102", may be in the unique position ofneeding to expand their existing facilities in part based on the projected incremental student population Link Crossing will produce. This memo will address our planning strategy etLink Crossing, the feedback we've received from District 102, the areas we've researched, and conclude with an impact fee and capital improvement fee agreement for District 102 that when combined is substantially in excess of the impact fee that is identified inthe Village Code. Active Planning and Home Designs geared for a 55+ Buye The opinions shared with K. Hovnanian by Village Staff at the earliest stages of the planning process more than a year ago and the potential impacts on the schools was a driving force in determining the development scope for Link Crossing. We have taken a number ofpro-active steps to actively target 5S+buyer atLink Crossing. Link Crossing consists of214 residences, including 71 3-story RVwhomes, 73 two story Villas and 70 single family homes. Please find an illustrative site plan attached to this memo as Exhibit F—S/te Plan, The entire community will be maintenance free including the 70sinQ|e family homes, though this is typical for townhorne communities it is unusual that the single family portion of Link Crossing is 18040aperBk/d,Suhe200 Naperville, |L60S63 maintenance free. The entire community will have specific use restrictions that are typical and necessary for a maintenance free community. Though these use restrictions have not yet been finalized, they often limit home owner's ability to install structures in their rear yards (with the exception of a patio area). It has been our experience that this factor alone tends to attract a larger percentage of 55+ residents. In addition to making the community maintenance free we have actively designed many of our residences to appeal to the move down or55+ demographic. Sixty percent (60%) of the single family home plans developed specifically for Link Crossing are either Ranches or feature a master bedroom on the first floor. In addition, all of the end'units, 28 of73 total residences, in the Villa Neighborhood will be master down residences specifically targeting move -down buyers. We are still working with the Village on the details of these plans, but have attached the current set of plans as Exhibit G— Home Floor Plans, We do plan on restricting the percentage of units that are permitted as rentals under the Covenants, Codes and Restrictions to be recorded against the property, Required Acreage Based on feedback from District 102 we understand that the current acreage requirements as outlined in the Village Code are no longer adequate based on the changing needs of education. The table below characterizes the difference between the current ordinance requirements and the new acreage requirements reflective ofthe changing needs ofeducation. KHovnanian agrees tecalculate the impact fee using the acreage requirements requested by District 102. The new acreage requirements are summarized onExhibit A —Link Crossing Student Population and Land Donation Tables. School Acreage Requirements - Per section 19.01.020 School Classification by Maximum number of students for Grade school classification Elementary (K-5)* 500 Junior High School (6-8) 900 High Schools Grades (9'1Z) 2300 School Acreage Requirements - Used for Irnp-a.c.t.-Fee Offer School Classification by Maximum number of students for Grade school classification E|ementary(K-S)* 900 Junior High School (6-8) 900 High Schools Grades (g-12) 2300 Number of Acres Required ll 19 40 Number of Acres Bf__qujred 19 19 40 Acres per stud Required DM833B333 0,021111111 0.017391304 Understanding how this translates based on the Current student population is important. Currently District 102 has a student population of 2,273. Using the acreage requirements per section 19.01.020, 18O4Napmr8hd,Suite 2OU Naperville, |L6OS63 and the existing student population the total number of acres available to District 102 should be 43.77 acres (assuming student population distributed evenly across grades K-8). Using the new table, the total number of acres required by District 102 vvuuN be 47.99 acres. Currently based on estimates using parcel data obtained via Lake[0unty, |L District 102 currently owns 37.66 acres. Please see Exhibit D— Current District 202 Land to see the current acreage owned by District 102. Lastly, it should be noted that the acreage requirements identified above reflects the current student population, however current student population is lower than the peak student population (of the last 15 years) of 2,337 experienced inZUO3. Student Generation District 102 implored K. Hovnanian to review the Tables of Estimated Ultimate Population Per Dwelling Unit as identified in section 19.01,040 Exhibit A of the Village Code to ensure they remained accurate. K. Hovnanian completed an exhaustive review of the existing housing supply, the current student Population and concluded that the student generation tables identified in the Village Code are still appropriate to use and generally predict student population consistent with the existing housing supply and current student population of District 102. K. Hovnanian therefore will use the existing tables in section 19.01.040 Exhibit A of the Village Code to calculate the District 102 impact fee. The tables have been summarized on the attached Exhibit A — Link Crossing Student Population and Land Donation Tables. District 102 Impact..Fee Using the assumptions outlined in this memo, summarized on Exhibit —L/nk Crossing Student Population and Land Donation Tab/es, the per home impact fee have been calculated and are detailed in Exhibit 8—School impact FeeSd/edu/e. The impact fee due will be based on the actual number of bedrooms in the unit and the fee will be paid at building permit per Village Code. The table below summarizes the fees that Would be due to District 102 based on the anticipated bedroom mix for the 214 housing residences. In the event the bedroom mix differs, so would the fee due District 102. 1804NaperBlvd,Suite 2U0 Naperville, (L605E8 (!7-2�qnn Link Crossing Estimates School Impact Fee Estimates Unit Count/ Bedroom Count District 102 Detached Number of Units Fee/Unit TotaIFee Attached Single Family (Townhouse, Total Link Crossing 214 Total District 102 $ 310,688.00 Additional Consideration K. Hovnanian recognizes that District 102 is in a very unique position as it currently is in need of expanding. The growing student population has stressed the district's current classroom limits and the additional space is needed to ensure the highest level of education can be maintained in District 102. Given the scope of Link Crossing and the projected addition of 85 students to District 102 once completed, K. Hovnanian recognizes the community iscreating o unique burden on District 102when combined with the increasing student population over the past Syears. K. Hovnanian is committed to ensuring District 1O3 continues its excellence in education and isagreeing to make a voluntarV capital contribution fee paVment in addition to the normal School Impact Fee, This Capital Improvement Fee is being made in recognition of the imminent expansion needs at District 102. Capital Improvement Fee K. Hovnanian isagreeing bo make a Capital Improvement Fee payment, determined by unit type and bedroom count, at the time of building permit. The Capital Improvement Fee will be made in addition to the normal School Impact Fee due to District 10I.The Capital Improvement Fees shall be used for the express purpose of the building expansion needs of District IOZ The table below highlights the voluntary fee agreement and the estimated total Capital Improvment fee would be based on the current plan of 214 housing residences and an anticipated bedroom mix. The fee offer is detailed on Exhibit C— Capital Improvement Fee Schedule. In the event the bedroom mix differs, so would the fee due District 102, 18O4Nape/Blvd,Suite 2O0 Naperville, |L6O5Gl Link Crossing Estimates District 102 Capital Improvement Fee Estimate Unit Count/ Bedroom Count District 102 Detached Number of Units Fee/Unit TotalFee Attached Single Family (Townhouse, Total Link Crossing 214 Total District 102 $ 310,688.00 Therefore, in total the fee estimate due to District 102 would be $621,376. Total Fee Estimate for District 102 Estimated School Impact Fee $ 310,688.00 Estimated Capital Improvement Fee $ 310,688.00 Total School Fee: Impact Fee + Capital Improvement Fee $ 621,376.00 Potential Land Donation at Meridian Middle School Based on conversations with District 102 K. Hovnanian understands Meridian Middle School, herein "Meridian", will be likely site for school expansion. We also understand there were some preliminary discussions about whether a land donation at the northeast corner of Link CnuodnQ might be appropriate. Ultimately, we understand this was not desired due to concerns about the land being bisected by Meridian Way. K. Hovnanian asked its Professional Engineer, Mackie Consulting, to review the existing site needs at Meridian. To that end we received a set of the engineering plans and storm water calculations from Village Engineer Darren K4om|co, P.E. to review. Based upon a cursory review of the plans the site provides storm water storage in the amount of4.89 acre feet. The storm water is stoned in two basins, the East Basin and the West Basin. The East Basin has a 3.2-acre tributary area and contains .98 acre feet of storage. The West Basin contains 3.11 acre feet, and it is stoned across 2 basins, one north of the 10O4Naper8k/d,Suite 2OO Naperville, |L68S63 West parking lot (herein "West A8asin"\and one West of the West Parking lot (herein "West 8Basin"). The West Basin contains approximately ~ 1acre feet and the West B Basin contains approximately ~2 acre feet. Please Reference Exhibit E—MeridYonDetendonBmsinsfora graphic depiction. Mackie Consulting explored if any of the existing Meridian storm water storage could be diverted and accommodated on the Link Crossing property. Based on this initial review vve understand storage from the West Basins could be diverted to the Link Crossing property, as Link Crossing is at a lower elevation than Meridian. Additionally, working with Mackie, K. Hovnanian has determined we could modify our existing site plan and engineering, resulting in the ability to accommodate storage of approximately 1acre foot of volume from the West Basin. - By making thane site modifications and accepting approximately 1-acre foot of storm water storage, we believe Meridian could eliminate the West Basin. The West Basin is located at the northwest corner of the Meridian property and is bordered on all 4 sides by sidewalk, an area of approximately .9 acres. Eliminating the basin would therefore provide District1O2 an additional .9 usable acres at Meridian. The additional acreage vvVu|d provide District 102 flexibility moving forward as it considers expansion options. The area could accommodate a variety of uses including additional school space and additional parking. K. Hovnanian agrees to provide this at no additional cost to the School District. Conclusion We thank District 102 for educating K. Hovnanian of the unique situation they find themselves, the changing needs of education today, and their concerns related to the expanding student population and the need to expand to ensure excellence of education. K. Hovnanian is committed to excellent schools and we hope you find this fee agreement a sign ofour commitment to and our appreciation for excellent standard of education District 102 exemplifies. In total we are estimating a total fee paid to District 102 of $621,376, as compared to a fee of $281,345 using the rules identified in the Village We look forward to a continued relationship with District 102. If you have any questions, please do not hesitate tocall. Sincerely, Jon Isherwood f1mrueodGl1 Land Acquisition Manager Land Acquisition Advisor K.Hovnanian Homes, Inc. K.HovnanianHomes, Inc. l804Naper8lvd,Suite 2O0 Naperville, |LGOS63 6.A.e As Stabilized Shool District Impacts District 102 214 unit plan 187 unit plan Stabilized Demographic Impact No of Additional Elementary School Age Children 85 Annual Stabilized Property Tax Revenues 1 $1,280,193 Stabilized Additional Annual Revenues (Property Tax & Other Income) $1,315,252 Stabilized Operating Expenses ($1,147,910) Stabilized Annual Fiscal Impact 1 $167,342 1. District 102 Op Expenses based on 13,505 per pupil Stabilized Demographic Impact No of Additional Elementary School Age Children Annual Stabilized Property Tax Revenues Stabilized Annual Revenues (Property Tax & Other Income) Stabilized Operating Expenses Stabilized Annual Fiscal Impact 1. District 125 Op. Expenses based on 18,115 per pupil 81 $1,188,616 $1,221,868 ($1,093,890) $127,978 District 125 214 unit plan 187 unit plan 26 25 $1,031,202 $957,436 $1,045,792 ($470,994) $971,294 ($452,879) $574,798 $518,416 Packet Pg. 29 6.A.e As stabilized EAV and Incremental Property Taxes Home Type Cluster Homes w/3 Bedrooms Cluster Homes w/4 Bedrooms Villas (2-story) w/3 Bedrooms Towns (3-story) w/2 Bedrooms Towns (3-story) w/3 Bedrooms jjjjjTjjjjjj otal Weighted Number of Units Average Market Total Market Value 214 Plan 187 Plan Value 214 Plan 187 Plan 42 41 $607,500 $25,515,000 $24,907,500 28 27 $640,000 $17,920,000 $17,280,000 73 119 $480,000 $3404%000 $57,12%000 25 0 $390,000 $9,750,000 $0 46 0 $412,500 $18,975,000 $0 jjjjjjjjjjjjjjjjjjjjjjjjjjjjjj 214 jjjjjjjjjjjj1 $107,200,000 $99,307,500 Assessement Rate Total Equalized Assessed Value (EAV) Less: Homestead Exemption ($6,000 Per Unit) Less: Senior Exemption ($5,000 Per Unit) - 10% of units Less: Current Property EAV Incremental EAV Taxing Authority District 125 District 102 Park District Village Total Incremental Property Tax Tax Rate 3.004332% 3329750% 0016858% 0055324% 33.33% 33.33% $35,733,298 $33,102,467 $1,284,000 $1,122,000 $107,000 $93500 $18,459 $18,459 $31321839 $31,864508 New Property Taxes Upon Stabilization 214 Plan 187 Plan $L03L202 $957,436 $1,280193 $1,181616 $177,406 $164,715 $327,904 $304,448 $2,816,705 $2,615,214 Packet Pg. 30 6.A.e Home Type Cluster Homes w/3 Bedrooms Cluster Homes w/4 Bedrooms Villas (2-story) w/3 Bedrooms Towns (3-story) w/2 Bedrooms Towns (3-story) w/3 Bedrooms Total Home Type Cluster Homes w/3 Bedrooms Cluster Homes w/4 Bedrooms Villas (2-story) w/3 Bedrooms Towns (3-story) w/2 Bedrooms Towns (3-story) w/3 Bedrooms Total Home Type Cluster Homes w/3 Bedrooms Cluster Homes w/4 Bedrooms Villas (2-story) w/3 Bedrooms Towns (3-story) w/2 Bedrooms School Children Population Projections Number of Units High School Total High School Students 214 Plan 187 Plan Pop/unit (1) 214 Plan 187 Plan 42 41 0.184 7.73 7.54 28 27 0.360 10.08 9.72 73 119 0.059 4.31 7.02 25 0 0.038 0.95 0.00 46 0 0.059 2.71 0.00 214 187.., 25.78 24.29 Number of Units Middle School Total Middle School Students 214 Plan 187 Plan Pop/unit (1) 214 Plan 187 Plan 42 41.... 0.173 7.27 7.09 28 27 0.298 8.34 8.05 73 119 0.058 4.23 6.90 25 0 0.048 1.20 0.00 46 0 0.058 2.67 0.00 214 187.., 23.71 22.04 Number of Units Elementary Total Elementary School Students 214 Plan 187 Plan Pop/unit (1) 214 Plan 187 Plan 42 41 0.369 15.50 15.13 28 27 0.530 14.84 14.31 73 119 0.234 17.08 27.85 25 0 11111 0.088 11111 2.20 0.00 Towns (3-story) w/3 Bedrooms 46 0 0.234 10.76 0.00 Total 214 187.. IIII IIII 60.38 57.29 (1) Multipliers for average population per household were obtained from Village of Buffalo Grove, Illinois Municipal Code Title 19 Packet Pg. 31 6.A.f CGS/WGR Draft 01/13/2018 ANNEXATION AGREEMENT For Link Crossing 16802 W. Aptakisic Road This agreement (hereinafter referred to as the "Agreement") made and entered into this day of , 2018, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and Herbert R. Didier, Jr., Bernadette M. Didier, Herbert R. Didier, III, Raymond J. Didier, La Rae D. Bane, Mary Lee Handel, Robert J. Handel, Melissa A. Bollinger, Julie M. Kelley, Megan E. Paddock, Robert M. Handel, M. Mellode Steffenhagen, David A. Steffenhagen, Sr., David A. Steffenhagen, II, Emily A. Morrison, Kaitlin M. Steffenhagen, Amanda C. Steffenhagen, Kathleen M. Nielsen, Eric J. Nielsen, Amy R. Bellock, Scott A. Nielsen, Thomas V. Nielsen, Susan M. Brosio, D, David W. Brosio, Joseph D. Brosio, Valerie L. Brosio, Joan M. Krueger, Lindsay C. Krueger, Daniel P. Krueger, Jr., Alexander P. Krueger, Joan M. Krueger as custodian for Austin R. Krueger under the Illinois Uniform Transfers to Minors Act, Joan M. Krueger as custodian for Rachel L. Krueger under the Illinois Uniform Transfers to Minors Act, and Joan M. Krueger as custodian for Andrew R. Krueger under the Illinois Uniform Transfers to Minors Act as tenants in common (hereinafter collectively referred to as "Owner") and K. HOVNANIAN T&C HOMES AT ILLINOIS, L.L.C., an Illinois limited liability company and K. HOVNANIAN AT LINK FARM, LLC, an Illinois limited liability company (hereinafter referred to as "Developer") WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as 1 Packet Pg. 32 6.A.f the "Property") comprising approximately 50 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, Developer is the contract purchaser of the Property; and, WHEREAS, a Plat of Annexation of the Property, is attached hereto as Exhibit B, which depicts a total area of approximately 50 acres to be annexed; and WHEREAS, the Owner has caused to be filed with the Village Clerk the Annexation Petition relating to the Property; and WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the R-6A One -Family Residential District and R9 Multiple -Family Residential District of the Village Zoning Ordinance, with a Special Use as a Residential Planned Unit Development with variances , to develop the Property in accordance with and pursuant to a certain Preliminary Plat of Subdivision ("Preliminary Plat") prepared by Mackie Consultants LLC dated October 13, 2016, last revised January 15, 2018, and also a certain Preliminary Engineering Plan ("Preliminary Engineering") prepared by Mackie Consultants LLC dated October 13, 2016, last revised March 23, 2017, and also certain Preliminary Site Plan prepared by HKM Architects dated November 22, 2017, last revised January 12, 2018 (Preliminary Plat, Preliminary Engineering and Preliminary Site Plan hereinafter jointly referred to as "Preliminary Plan") a copy of which Preliminary Plat is attached hereto as EXHIBIT C, a copy of which Preliminary Engineering is attached hereto as EXHIBIT D and a copy of which Preliminary Site Plan is attached hereto as EXHIBIT E and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of the Property shall consist of 68 clustered single family detached homes and 119 two story townhomes to be constructed by the Developer. WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by 2 Packet Pg. 33 6.A.f Statute; and, WHEREAS, pursuant to due notice and advertisement, the Planning & Zoning Commission of the Village has held a public hearing and made its recommendations with respect to the requested zoning classification in the R-6A and R9 Districts with a special use as a Residential Planned Unit Development and variations of the Village Development Ordinance, Sign Code and Zoning Ordinance; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions of Section 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex the Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the R-6A and R9 Districts, with a Special Use as a Residential Planned Unit Development with requested variances all as contemplated in this Agreement. No portion of the Property shall be disconnected from the Village without the prior written consent of its Corporate Authorities. 3. Enactment of Annexation Ordinance. The Corporate Authorities, within twenty- 3 Packet Pg. 34 6.A.f one (21) days of the approval of this Agreement by the Village, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B). 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall enact an ordinance zoning the Property in the R-6A and R9 Districts, with a special use for a Residential Planned Unit Development, with the variances described herein, subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBITS C, D and E), Landscaping Plan (EXHIBIT F) and Architectural Renderings (EXHIBIT G) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including a plat of subdivision) based on final versions of the plans and drawings of the development of the Property as submitted by the Developer and Owner provided that the Development Plan shall conform to: a) the approved Preliminary Plans and Exhibits attached hereto, and b) the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and c) the approved Development Improvement Agreement as amended from time to time. 6. Compliance with Applicable Ordinances. The Owner and Developer agree to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be Packet Pg. 35 6.A.f equally applicable to all property similarly zoned and situated to the extent possible. Owner/Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent development of the Preliminary Plan approved herein. 7. Amendment of Plan. If the Owner/Developer desires to make changes to to the Preliminary Plan, or Exhibits F and G, as herein approved, the parties agree that such changes to the Preliminary Plan or Exhibits F and G will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Planning & Zoning Commission and/or the Corporate Authorities to consider such changes to the Preliminary Plan. The Corporate Authorities may, in their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change to the Preliminary Plan and Exhibits F and G. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate. 8. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible and that the Owner/Developer shall be granted a six (6) month grace period from the effective date of approval of any building fee increase. In the event a conflict arises between the Owner/Developer and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner/Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to owners and developers of properties within the Village. 9. Water Provision. The Owner/Developer shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT D are hereby approved by the Village. It is understood, however, that 5 Packet Pg. 36 6.A.f changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner/Developer further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner/Developer agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non- discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Owner/Developer and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. 10. Storm and Sanitary Sewer Provisions. a. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection of sewage. The Developer shall construct on -site and off -site sanitary sewers as may be necessary to service the Property, in accordance with EXHIBIT D. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Developer agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. b. The Developer shall also construct any storm sewers which may be necessary to service the Property, in accordance with EXHIBIT D. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. 6 Packet Pg. 37 6.A.f 11. Drainage Provisions. The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Developer shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. Developer Recapture of Utility Costs. It is further understood and agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be constructed and installed by the Developer to serve the proposed development on the Property (hereinafter referred to as "Developer's Improvements") may benefit neighboring properties not owned by the Developer, thus making such utility service available thereto. The Corporate Authorities may agree to adopt an ordinance to permit the Developer to recapture from such neighboring property owners as may be benefited by the Developer's Improvements, that portion of the actual costs and installation of Developer's Improvements, in such proportionate amounts from such neighboring property owners as may be so benefited as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village and Developer agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off -site utilities connection points. The Village agrees to cooperate with the Developer in effectuating recapture from future developers and property owners as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 13. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property, to the best of the knowledge of the parties to this Agreement, is identified on EXHIBIT I attached hereto which recapture shall be due and payable to the Village upon commencement of construction on the Property. 14. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT H) as amended from time to time. Any letter of credit issued for such improvements shall be drawn on a financial institution of net 7 Packet Pg. 38 6.A.f worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 15. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the Planning & Zoning Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBITA Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Preliminary Plat (_page) EXHIBIT D Preliminary Engineering Plan (_pages) EXHIBIT E Preliminary Site Plan (_pages) EXHIBIT F Landscaping Plan ( pages) EXHIBIT G Architectural Rendering ( pages) EXHIBIT H Sample Development Improvement Agreement (_pages) EXHIBIT I Recapture Fees Letter EXHIBITJ School District 102 Fees 16. Annexation Fee. Owner/Developer agrees to pay an annexation fee of $1,500.00 per residential unit for each of the 68 clustered, single family homes and $1,500.00 per unit for each of the 119 two-story townhomes , which fee shall be payable pro rata at issuance of building permits. This fee, however, shall be paid in full prior to the expiration of this Agreement. 17. Building, Landscaping and Aesthetics Plans. Owner/Developer will submit final building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for final approval by the Village before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas as approved by the Packet Pg. 39 6.A.f Village. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. The exterior elevations of the two-story townhomes and clustered, single family homes to be constructed by the Owner/Developer shall comply with the plans approved by the Village and Village Planning & Zoning Commission and any conditions identified in Section 33 of this Agreement. It is understood and agreed that modifications pertaining to the exterior elevations may be desired by the Owner/Developer to accommodate homebuyers, and to the extent practicable, the Village may review said modifications administratively. Major changes may be subject to review by the Appearance Review Team (ART) and/or the Planning & Zoning Commission. 18. Declaration of Covenants, Conditions and Restrictions. a. Prior to approval by the Village of the first phase ofthe Final Plat of Subdivision for all or any portion of the Property, the Developer shall provide to the Village for review and approval (i) a Master Association Declaration, (ii) a Townhome Declaration, and (iii) a Single Family Declaration to which all lot owners in the Development shall be required to contribute assessment payments in order to accumulate such funds as might be necessary for the operation, maintenance, repair and reconstruction of the common areas and private improvements serving the development, including but not limited to the street lighting, sidewalks, parkways, storm sewers, and storm water management facilities, including but not limited to the detention pond and related aeration systems, common area landscaping, fences and landscape, which shall all be the responsibility of the applicable association to own, operate, and maintain and which shall be located in easements for that purpose, as well as timely snow removal and ice control of said private street and sidewalks. b. It shall be a specific condition of approval of the Special Use that said Homeowners' Associations shall thereafter be required to be maintained in good standing with the State of Illinois Secretary of State. c. In addition, it shall be a condition precedent of the approval of the Special Use G Packet Pg. 40 6.A.f that the Homeowners' Associations shall retain ownership of, and operation and maintenance responsibilities for, all applicable required improvements within the Development, except as otherwise specified in this Agreement. The Developer shall (i) record the Declarations and (ii) incorporate the aforesaid Homeowners' Associations prior to the issuance of a certificate of occupancy for the first unit within the Property. d. The Property shall be subject to the (i) Master Association Declaration of Covenants, Conditions and Restrictions (ii) a Townhome Declaration of Covenants, Conditions and Restrictions and (iii) a Single Family Declaration of Covenants, Conditions and Restrictions ("Declarations") which shall include but not by way of limitation a provision whereby the Village shall have the right, but not the obligation, to enforce covenants or obligations of the applicable association and/or owners of the units of the Property as defined and provided within the applicable Declaration, and further shall have the right, upon thirty (30) calendar days prior written notice specifying the nature of a default, to enter upon the Property and cure such default, or cause the same to be cured at the cost and expense of the applicable association of the Property. The Village shall also have the right to charge or place a lien upon the Property for repayment of such costs and expenses, including reasonable attorneys' fees in enforcing such obligations. e. The Declarations shall also include the obligation that the applicable association shall provide snow removal for private driveways, streets and sidewalks and shall store excess snow in appropriate off-street locations, and shall not in any way impede the Village's snow removal operations on public streets. f. The Declarations shall also provide that the Property shall be used and developed in accordance with Village ordinances, codes and regulations applicable thereto, including ordinance(s) enacted pursuant to this Agreement. g. The Declarations shall be submitted to the Village for review and approval, and 10 Packet Pg. 41 6.A.f shall further provide that the provisions relative to the foregoing requirements may not be amended without the prior approval of the Village. h. The Declarations shall also provide that the Village may enforce its ordinances, including but not by way of limitation traffic ordinances, on the Property, including private alleys and common areas. i. The Declarations shall be submitted in a manner acceptable to Village. All landscaping embellishments (arbors, trellises, fences, etc) shall be standardized and incorporated into the Declarations. j. The Declarations shall indicate that certain private alleys will remain private with the maintenance responsibility of the association in a manner acceptable to the Village. The Village may require that all initial and subsequent homeowners sign a disclosure acknowledging that these streets will remain private. 19. Project Models. The Village agrees to permit the Developer to construct and maintain up to three model areas on the Property collectively consisting of a maximum of four two story townhome units in no more than two townhome buildings and three cluster single family detached homes, together with suitable off-street parking areas, all subject to Village approval. Such construction shall be in compliance with the provisions of the Village's Building Code in effect at the time of building permit issuance. The Developer may use models only for marketing the Property. Such use shall be discontinued when Developer has sold the last of the units constructed upon the Property as approved herein. 20. Park District Donations. Owner/Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Outlots M, R, S, T, U, and E shall be conveyed to the Village upon request by the Village in accordance with the Preliminary Plat attached hereto as Exhibit C as approved by the Buffalo Grove Park District. The Village shall convey said outlots to the Buffalo Grove Park District. Any remaining land donation contributions as required by Title 19 of the Buffalo Grove Municipal Code shall be paid at time for building permits. For any improvements to be completed by Developer on current or future Park District property, the agreed amount of 11 Packet Pg. 42 6.A.f credit to the fee shall be based on the initial engineer's opinion of probable cost with a final true up based on actual paid invoices. 21. School District Donations. Owner/Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations for School District 125. The Developer shall pay a cash contribution to School District 102 on a per unit basis at time of building permit in accordance with Exhibit J, consistent with the Developer letter and exhibits to District 102 dated April 3, 2017. 22. Library District Donations. — Owner/Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 23. Conditions Concerning Parks, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library donations, if, in the judgment of the Village, said rooms have closets and can be used as bedrooms. It is understood and agreed that the per acre land value used to compute said cash contributions may be increased from time to time, and cash contributions made at the time of building permit issuance shall be based on the land value in effect at the time of permit issuance. 24. Annexation to the Buffalo Grove Park District. The Owner/Developer agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. Said annexation shall be completed within sixty (60) calendar days of the request of the Park District. 25. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The Owner/Developer does hereby evidence its intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual interest 12 Packet Pg. 43 6.A.f that may arise, and its willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 26. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein. 27. Term of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns for a term of twenty (20) years from the date of this Agreement. This Agreement shall not be assigned to any other party or entity without prior written consent of the Village Manager. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto, without the consent of the owners of other portions of the Property. If the Developer fails to purchase the Property within eighteen (18) months from the date of approval of this Agreement, the Village shall have the right to review and consider any developer that may purchase the Property from the Owner. The Property shall be developed by Developer and/or its affiliates unless otherwise approved by the Village. 28. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 29. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Herbert R. Didier, Jr. 13 Packet Pg. 44 6.A.f c/o Jack Mardoian 900 N. Shore Drive Suite 140 Lake Bluff, IL 60044 If to Developer K. Hovnanian at Link Farm, LLC 1840 Naper Boulevard Suite 200 Naperville, IL 60563 Attention: Jon Isherwood Copy to: Deborah T. Haddad O'Donnell Haddad LLC 14044 Petronella Drive Suite 1 Libertyville, IL 60048 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Tressler LLP 233 S. Wacker Drive 22nd Floor Chicago, IL. 60606 30. Default. a. In the event Owner/Developer defaults in performance of its obligations set forth in this Agreement, then the Village may, upon notice to Owner/Developer, allow Owner sixty (60) calendar days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner/Developer fails to cure such default or provide such evidence as provided above, then, with notice to Owner/Developer, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which obligations or 14 Packet Pg. 45 6.A.f development have not been completed or at the option of the Village, to rezone such Property to the Residential Estate District. In such event, this Agreement shall be considered to be the petition of the Owner/Developer to disconnect such portion of the Property, or at the option of the Village, to rezone such Property to the Residential Estate District. b. In addition to sub -paragraph a. hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be performed and provided by the Developer not by the Owner. The Village agrees that the Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations of the Developer set forth herein and that the Village will look solely to the Developer for such performance, except that to the extent that the Owner or successor thereto shall become a developer or shall designate or contract with a developer other than Developer. In that case, the Owner or the new designee shall be subject to the liabilities, commitments and obligations of this Agreement. It is understood and agreed that Developer shall not have obligations under this Annexation Agreement until Developer acquires the Property. In the event that Developer does not acquire the Property, Developer is not obligated by this Annexation Agreement. 31. Litigation. a. The Owner/Developer, at its cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owner/Developer shall cooperate with the Village in said litigation but Owner/Developer's counsel will have principal responsibility for such litigation. b. The Owner/developer shall reimburse the Village for reasonable attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning and development of the Property or in the 15 Packet Pg. 46 6.A.f enforcement of any of the terms of this Annexation Agreement upon a default by the Owner/Developer. c. Owner/Developer hereby indemnifies and holds the Village harmless from any actions or causes of action which may arise as a result of development activities for which the Owner/Developer is responsible. 32. Indemnification Concerning Recapture, The Owner/Developer shall indemnify, defend and save harmless the Village, its officers, agents and employees, from any and all actions, claims or demands arising out of the existence, terms, administration, enforcement or attempted enforcement of any provision concerning recapture in this Agreement. The Owner/Developer shall prosecute or defend any action, proceeding or cause, legal or otherwise, that may arise out of the existence, terms, administration, enforcement or attempted enforcement of any provisions concerning recapture in this Agreement. The Owner/Developer will hold the Village, its officers, agents, and employees, free and harmless from any costs, fees (including attorney's fees and expenses) or judgments which the Village, its officers, agents or employees may incur or become liable for pursuant to any such action, claim or cause. The Village shall endeavor in good faith to enforce the provision of the recapture provisions hereof and to collect the recapture as established herein. However, the parties recognize the possibility of omissions or errors, and it is agreed that the Village shall not be liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce the payment of said recapture as established herein. The Village's obligation is limited to the amount or amounts actually collected pursuant to the provisions of this Agreement. 33. Special Conditions. a. It is understood and agreed that upon annexation the Village will issue new street address(es) for building(s) on the Property to ensure proper identification for provision of services, and Owner shall use said Village address(es) in place of current address(es) assigned by Lake County. Owner is also required to contact the Buffalo Grove Post Office and submit a change of address(es) requesting use of the address(es) as assigned by the Village. W- Packet Pg. 47 6.A.f b. Owner/Developer represents and warrants that there is no mortgagee, lien holder or holder of any security interest affecting title to the Property or any part thereof. c. Owner/Developer shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made by the Village to the Long Grove Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire Protection Act (70 ILCS 705/20). Said deposit, as determined by the Village, shall be made by the Developer within sixty (60) calendar days of the date of this Agreement. d. The Village shall convey and the Developer shall accept the existing Village owned detention pond located at the southeast corner of Brandywyn and Buffalo Grove Road. All future maintenance responsibilities of this pond shall be borne by the applicable association. e. Final architectural plans and elevations (including colors and materials) shall substantially conform to the colored building elevations for both the single family detached and the two story townhomes (7 pages) submitted as part of the public hearing submittal dated November 27, 2017 attached as Exhibit G. The final architectural plans and elevations shall be in substantial conformance with Exhibit G and shall not use aluminum or vinyl siding. Prior to the issuance of the first building permit for a residential unit/building, the developer shall prepare and submit a final architectural package that shall be reviewed and approved by the Village. f. All building elevations (detached and attached) that abut existing and future rights -of -ways shall include foundation landscaping and optional windows as depicted in the Architectural Rendering attached as Exhibit G in a manner acceptable to the Village. g. The final plat of subdivision shall be in substantial conformity with the Preliminary Plat attached as Exhibit C as revised in a manner acceptable to 17 Packet Pg. 48 6.A.f the Village. The future right-of-way (ROW) at the southernmost terminus of Street G and Street I shall be identified as outlots with the maintenance responsibility of the HOA. At the request of the Village, these outlots shall be conveyed to the Village for future ROW. All future and subsequent homeowners shall sign a disclosure acknowledging that these outlots will become a future public road. A sign shall also be posted on the property, in a form and manner acceptable to the Village, indicating that this area will be future ROW. h. Turning radii throughout the development may be revised in a manner acceptable to the Village. This may require the need to limit on -street parking in a manner acceptable to the Village. i. Final engineering shall be revised in a manner acceptable to the Village. j. The final landscape plan shall be revised in a manner acceptable to the Village. k. All medians and islands located in public ROW in the final plats of subdivision shall be identified as outlots and shall be the ownership and maintenance responsibility of the applicable association. I. On -street parking in the single-family detached cul-de-sacs shall be prohibited. m. Setbacks for all residential units shall be in accordance to Exhibit E. n. An emergency access to Buffalo Grove Road shall be provided in a manner acceptable to the Village. This shall include an emergency access to Buffalo Grove Road from Street K and from Street I. o. Prior to the recording of the first plat of subdivision for any portion of the Property, a phasing plan shall be submitted in a manner acceptable to the Village and Developer shall be permitted to record final plats of subdivision for the Property in phases as approved by the Village. The Village may consider earthwork and mass grading prior to the recording of the applicable 18 Packet Pg. 49 6.A.f phase of the final plat provided that the necessary letters of credit are provided for the phase contained within said final plat and the plan has been approved by the Village. p. The proposed development shall be allowed to follow the current building codes and local amendments in place at the time of the approval of this Agreement. This provision shall lapse 5-years after the issuance of the first building permit. q. Prior to the issuance of the first building permit, Developer shall submit a mutually agreeable plan identifying a location for the model home area(s). r. The Plat of Annexation shall be revised in a manner acceptable to the Village Attorney. 34. Traffic Enforcement Agreement — The Owner/Developer shall, at the request of the Village, enter into an agreement for the enforcement of Village traffic ordinances and other ordinances on the Subject Property. 35. Well and septic facilities and underground tanks — All water wells and septic sewer facilities on the Property shall be properly sealed or pumped and filled as required by the Illinois Department of Public Health and as approved by the Village Health Officer. Any underground tanks shall be removed as permitted and approved by the Illinois State Fire Marshal. Said sealing and removing of wells, septic facilities and underground tanks shall be completed on a schedule as directed by the Village. 36. Removal of buildings and structures — All buildings, structures, vehicles and other materials on the Property shall be removed prior to any site preparation work for the development. If the Village determines, in the period prior to development, that structures or other objects need to be removed from the Property to prevent health or nuisance problems, Owner shall comply pursuant to the Village's direction. 37. Variation provisions — The following Variations to the Zoning Ordinance, Development Ordinance and Sign Code are hereby granted: 19 Packet Pg. 50 6.A.f a. Variation to Section 17.28.050 reducing the required perimeter setback as depicted on the Preliminary Plan. b. Variation to Section 17.40.020 decreasing the minimum front yard, interior side yard, corner side yard and rear yard setbacks as depicted on the Preliminary Plan. c. Variation to Section 17.40.050 decreasing the minimum front yard, interior side yard, corner side yard and rear yard setbacks as depicted on the Preliminary Plan. d. Variation to Section 17.40.020 decreasing the minimum lot width for the R6A Zoning District as depicted on the Preliminary Plan. e. Variation to Section 17.40.020 decreasing the minimum lot size for the R6A Zoning District as depicted on the Preliminary Plan. f. Variation to Section 17.20.050 allowing for private streets as depicted on the Preliminary Plan. g. Variation to Section 16.50.070 reducing the minimum right-of-way and parkway requirements. h. Variation to Chapter 14.16 to allow for multiple subdivision identification signs as depicted on the Landscape Plan as identified on Exhibit F. i. Variation to Section 17.28.050 reducing the minimum building separations as depicted on the plans submitted as part of the petition. j. Any additional Variations to Chapters 17.28 and 17.36 and Sections 17.40.020 and 17.40.050 that may be necessary to accommodate the proposed development as depicted on the plans submitted as part of the petition. IN WITNESS WHEREOF, the Corporate Authorities, Developer, and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. 20 Packet Pg. 51 6.A.f 0 VILLAGE CLERK CI1LI/►1 DI.7 Herbert R. Didier, Jr. VILLAGE OF BUFFALO GROVE Beverly Sussman, Village President 21 Packet Pg. 52 6.A.f OWNER Bernadette M. Didier 22 Packet Pg. 53 6.A.f OWNER Herbert R. Didier, III 23 Packet Pg. 54 6.A.f OWNER Raymond J. Didier 24 Packet Pg. 55 6.A.f OWNER LaRae D. Bane 25 Packet Pg. 56 6.A.f OWNER Mary Lee Handel w Packet Pg. 57 6.A.f OWNER Robert J. Handel 27 Packet Pg. 58 6.A.f OWNER Melissa A. Bollinger Packet Pg. 59 6.A.f OWNER Julie M. Kelley 29 Packet Pg. 60 6.A.f OWNER Megan E. Paddock 30 Packet Pg. 61 6.A.f OWNER Robert M. Handel 31 Packet Pg. 62 6.A.f OWNER M. Mellode Steffenhagen 32 Packet Pg. 63 6.A.f OWNER David A. Steffenhagen, Sr. 33 Packet Pg. 64 6.A.f OWNER David A. Steffenhagen, II 34 Packet Pg. 65 6.A.f OWNER Emily A. Morrison 35 Packet Pg. 66 6.A.f OWNER Kaitlin M. Steffenhagen ull Packet Pg. 67 6.A.f OWNER Amanda C. Steffenhagen 37 Packet Pg. 68 6.A.f OWNER Kathleen M. Nielsen M. Packet Pg. 69 6.A.f OWNER Eric J. Nielsen 39 Packet Pg. 70 6.A.f OWNER Amy R. Bellock 40 Packet Pg. 71 6.A.f OWNER Scott A. Nielsen 41 Packet Pg. 72 6.A.f OWNER Thomas V. Nielsen 42 Packet Pg. 73 6.A.f OWNER Susan M. Brosio 43 Packet Pg. 74 6.A.f OWNER David W. Brosio 44 Packet Pg. 75 6.A.f OWNER Joseph D. Brosio 45 Packet Pg. 76 6.A.f OWNER Valerie L. Brosio Hol Packet Pg. 77 6.A.f OWNER Joan M. Krueger 47 Packet Pg. 78 6.A.f OWNER Lindsey C. Krueger Packet Pg. 79 6.A.f OWNER Daniel P. Krueger, Jr. 49 Packet Pg. 80 6.A.f OWNER Alexander P. Krueger 50 Packet Pg. 81 6.A.f OWNER Joan M. Krueger as custodian for Austin R. Krueger under the Illinois Uniform Transfers to Minors Act 51 Packet Pg. 82 6.A.f OWNER Joan M. Krueger as custodian for Rachel L. Krueger under the Illinois Uniform Transfers to Minors Act 52 Packet Pg. 83 6.A.f OWNER Joan M. Krueger as custodian for Andrew R. Krueger under the Illinois Uniform Transfers to Minors Act 53 Packet Pg. 84 6.A.f DEVELOPER: K. Hovnanian T&C Homes AT Illinois, L.L.C., an Illinois limited liability company M Printed Name and Position K. Hovnanian at Link Farm, LLC, an Illinois limited liability company M This document prepared by: William Raysa Tressler LLP 233 S. Wacker Drive 22nd Floor Chicago, IL. 60606 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 54 Printed Name and Position Packet Pg. 85 6.A.f 55 Packet Pg. 86 6.A.f EXHIBIT A LINK CROSSING LEGAL DESCRIPTION Leizal Description: The North 50 acres of the West half of the Southwest quarter of Section 21, Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois. PARCEL INDEX NUMBER: 15-21-300-026-0000 SUBJECT PROPERTY COMMON ADDRESS: 16802 W. Aptakisic Road Prairie View, Illinois 60089 W11 Packet Pg. 87 6.A.f EXHIBIT B LINK CROSSING PLAT OF ANNEXATION 57 Packet Pg. 88 6.A.f EXHIBIT C LINK CROSSING PRELIMINARY PLAT OF SUBDIVISION Packet Pg. 89 6.A.f EXHIBIT D LINK CROSSING PRELIMINARY ENGINEERING PLAN 59 Packet Pg. 90 6.A.f EXHIBIT E LINK CROSSING PRELIMINARY SITE PLAN 60 Packet Pg. 91 6.A.f EXHIBIT F LINK CROSSING LANDSCAPE PLAN 61 Packet Pg. 92 6.A.f EXHIBIT G LINK CROSSING ARCHITECTURAL RENDERINGS 62 Packet Pg. 93 6.A.f EXHIBIT H LINK CROSSING SAMPLE DEVLOPMENT IMPROVEMENT AGREEMENT 63 Packet Pg. 94 6.A.f EXHIBIT I LINK CROSSING RECAPTURE FEES LETTER 64 Packet Pg. 95 6.A.f EXHIBIT J LINK CROSSING SCHOOL DISTRICT 102 FEES 65 Packet Pg. 96 E Aq Np 4 4 X LLI Ca 0 > Z 0 VI -Al.. LL. N 0 Z 0 11— IN. z�- Aens 10 A oe olsssai 'a L lo, z.. &E ol LL 1. L6 nNL ... O Z57 W o o- o. o o o o Z. N go Z. x z- ------ 14' a00-1— msq 22 RF � Oltlild6 N1MON zn4 , - .4 c,j � r�isl O 125. 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[;/�\\ --------- - ------- — ------ -- As= i w �:) ; ... ... ................ cj gp, -------------- >� O II .......... i'�1tJJ --------------- i. ------------- ------ vv L7 F om, MIA ay; ao;;uauaaaaGV uol;exauuV - 6UTAeaH oilgnd : MZ) Gulaapuaa lean;oa;lyoad J;Iglyx3 :;u8uay3ePV \ki � �\ cp �� ^ \ \� TOM �\\ "I I em,o IUOLUODJBVugmx uu¥.Bu|ae H gmnd:MZ Bu|,epuoUjenp��Ljoi¥ D m4x3: mmLlJnV . -- - - - - -— � y� \\7 e ) � �\ ( \ SAMPLE AGREEMENT Development Name DEVELOPMENT IMPROVEMENT AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into as of this day of 2016, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and having its office at Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (hereinafter called "Village"), and (hereinafter called "Developer") WITNESSETH: WHEREAS, Developer desires to improve the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property'), and in compliance with the Village's Development Ordinance, Developer has submitted to the Village certain (i) preliminary plans prepared by (the "Preliminary Plans"), which Preliminary Plans were approved by the Village pursuant to Ordinance and (ii) additional plans and specifications prepared by and described in more detail in Exhibit "C" attached hereto and made a part hereof (the "Additional Plans" and together with the Preliminary Plans, the "Plans"); and, WHEREAS, the Village is willing to approve said Plans, provided that this Agreement is executed to insure the completion of certain site improvements, as a condition precedent to the issuance of building permits for any buildings to be constructed on the Property. NOW, THEREFORE, it is mutually agreed as follows: 1. Developer shall furnish, or cause to be furnished, at their own cost and expense, all the necessary material, labor, and equipment to complete the improvements listed on Exhibit "B" attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements (collectively, the "Improvements"), all in a good and workmanlike manner and in accordance with all pertinent ordinances and regulations of the Village and in accordance with the Plans (including any subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village's Development Ordinance). All utility lines and services to be installed in the street shall be installed prior to paving. 1 Packet Pg. 127 2. Attached hereto as Exhibit "D" is a complete cost estimate for the construction of the improvement described in Exhibit "B" hereto. No later than three (3) business days following the execution of this Agreement and prior to the issuance of Village Permits, the Developer shall deposit a Letter of Credit acceptable to and in a form and substance approved by the Village in the original amount of , as further described in Paragraph 9 herein (the "Letter of Credit") 3. All work shall be subject to inspection by and the approval of the Village Engineer. It is agreed that the contractors who are engaged to construct the Improvements are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. 4. The Developer has paid the Village a Review and Inspection Fee, as required by Ordinance. It is understood that said fee is based on the amount of the contracts or cost estimate for those items in Exhibit "B". 5. Prior to the time the Developer or any of its contractors begin any of the work provided for herein, the Developer, and/or its contractors shall furnish the Village with evidence of insurance covering their employees in such amounts and coverage as is acceptable to the Village. In addition, by its execution of this Agreement, the Developer agrees to protect, indemnify, save and hold harmless, and defend the Village and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but not limited to reasonable attorney's fees incurred by reason of a lawsuit or claim for damages or compensation arising in favor of any person, corporation or other entity, including the employees or officers or independent contractors or sub- contractors of the Developer or the Village, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly, from the performance of the work of the Developer, independent contractors or sub -contractors or their officers, agents, or employees. The Developer shall have no liability or damages for the costs incident thereto to the extent caused by the sole negligence or intentional misconduct of the Village, its independent contractors or sub- contractors or their officers, agents, or employees. 6. Subject to Force Majeure (as defined herein), Developer shall cause the Improvements to be completed within twenty-four (24) months following the date of this Agreement (except any Improvements for which specified time limits are noted on the Plans, which shall be completed within the 2 Packet Pg. 128 N O specified time limits shown on the Plans). "Force Majeure" as used herein shall mean a delay in 00 Developer's performance hereunder caused by a strike or labor problem, energy shortage, governmental a� pre-emption or prescription, national emergency, or any other cause of any kind beyond the reasonable 0- 0 L a control of Developer. If work is not completed within the time prescribed herein, the Village shall have L the right to call upon the Letter of Credit, in accordance with its terms, for the purpose of completing the w c d Improvements. Upon completion of the Improvements herein provided for, as evidenced by the £ d L certificate or certificates of the Village President and Board of Trustees, the Village shall be deemed to Q c have accepted said Improvements, and thereupon, the Letter of Credit shall automatically be reduced to 0 x serve as security for the obligations of the Developer as set forth in Paragraph 7 hereof. The Developer a) c Q shall cause its consulting engineers to correct drawings to show work as actually constructed and said c engineers shall turn over high quality Mylar reproducible copies thereof to the Village to become the 2 Village's property prior to acceptance of the Improvements by the President and Board of Trustees. 2 0 7. The Developer, for a period of one year beyond formal acceptance by the Village of any a Improvement, described in Exhibit "B" hereof, shall be responsible for maintenance, repairs and N corrections to such Improvements which may be required due to failures or on account of faulty y construction or due to the Developer's negligence and/or its contractors' negligence. The obligation of the Developer hereunder shall be secured by the Letter of Credit as further described in Paragraph 9 hereof. 8. It is agreed that no occupancy permit shall be granted by any official for the construction of any structure until all required utility facilities set forth in the Plans (to include, but not by way of limitation, sanitary sewer, water and storm sewer systems) have been installed and made ready to service the Property; and that all roadways (to include curbs) set forth in the Plans that provide access to the Property have been completely constructed, except for the designed surface course. It is understood and agreed that building permits may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadways have been constructed as described above, notwithstanding the fact that all improvements within the Development may not be completed. 3 Packet Pg. 129 9.A. The obligations of the Developer hereunder as to the deposit of security for the completion of the Improvements and the one year maintenance of said Improvements after acceptance by the Village (Paragraph 7) shall be satisfied upon delivery to the Village of a Letter of Credit in favor of the Village in a form acceptable to the Village, in the amount set forth in Paragraph 2 above. The Letter of Credit shall be made subject to this Agreement. The Developer hereby waives its option pursuant to 30 ILCS 550/3 and 65 ILCS 5/11-39-3 to utilize any type of security other than a Letter of Credit. B. In addition to the terms, conditions, and covenants of the Letter of Credit, the Village hereby agrees to draw funds or to call said performance guarantee under such security solely for the purpose of payment for labor and materials supplied or to be supplied, by engineers, contractors, or subcontractors, to, or for the benefit of or the Village, as the case may be, under the provisions of this Agreement and the said Improvements for which payment is being made shall have been completed, or will be completed, in substantial accordance with the Plans. C. The Village further hereby agrees that to the extent that the Developer causes the commitments of this Agreement to be completed, the outstanding liability of the issuer of the Letter of Credit shall during the course of construction of the Improvements, approximate the cost of completing all Improvements and paying unpaid contract balances for the completion of the Improvements referred to in this Agreement. Until all required tests have been submitted and approved by the Village for each of the construction elements including, but not limited to, earthwork, street pavements, parking area pavements, sanitary sewers and water mains (as applicable), a minimum of that portion of the surety for each element shall be subject to complete retention. All Improvements are subject to a minimum fifteen (15%) percent retention until final acceptance by the Village. D. In order to guarantee and warranty the obligations of Paragraph 7 herein, an amount equal to fifteen (15%) percent of the total amount of the Letter of Credit, or an amount equal to fifteen (15%) percent of the cost estimate of the individual Improvement(s) shall be retained in the Letter of Credit for a period of one-year beyond formal acceptance by the Village of the Improvement(s). E. As a portion of the security amount specified in Paragraph 2, the Developer LJ Packet Pg. 130 shall maintain a cash deposit with the Village Clerk in the amount of _Ten Thousand Dollars ($10,000.00). If roads are not maintained with a smooth and firm surface reasonably adequate for access of emergency vehicles such as fire trucks and ambulances, or if any condition develops which is deemed a danger to public health or safety by the Village of Buffalo Grove due to the actions of the Developer or his failure to act; and after written notice of this condition, the Developer fails to immediately remedy the condition; then the Village may take action to remedy the situation and charge any expenses which results from the action to remedy the situation to the cash deposit. Upon notification that the cash deposit has been drawn upon, the Developer shall immediately deposit sufficient funds to maintain the deposit in the amount of Ten Thousand Dollars ($10,000.00). If the Developer has not made the additional deposit required to maintain the total cash deposit in the amount of Ten Thousand Dollars ($10,000.00) within three (3) days from the date he received notice that such additional deposit was required, it is agreed that the Village may issue a Stop Work Order or also may revoke all permits which the Developer had been granted. This cash deposit shall continue to be maintained until the maintenance guarantee period has lapsed. The deposit may be drawn upon by the Village if the conditions of this Agreement are not met by the Developer within five (5) days after receipt of a written notice of noncompliance with the conditions of this Agreement, except in cases of danger to public health and safety as determined by the Village, in which case, the deposit may be drawn upon immediately following notice to the Developer and his failure to immediately remedy the situation. After termination of the one-year maintenance period and upon receipt by the Village Clerk of a written request for release of the deposit, the Village will either notify the Developer that the Improvements are not in a proper condition for final release of the deposit, or shall release the deposit within fifteen (15) days. F. In addition to the terms, covenants, and conditions of the Letter of Credit, the Developer hereby agrees that no reduction shall occur in the outstanding liability of the issuer there under, except on the written approval of the Village; however, in all events, the Village shall permit such Letter of Credit to expire, either by its terms, or by return of such Letter of Credit to the Developer, upon the expiration of one-(1) year from the acceptance of the Improvements referred to herein by the Village. 5 Packet Pg. 131 To the extent that the provisions of Paragraph 9 herein, and of the Letter of Credit, permit the Village to draw funds under such Letter of Credit, the Village hereby agrees to reduce the outstanding liability of the issuer of the Letter of Credit to the extent that funds are disbursed. 10. Any Letter of Credit shall provide that the issuer thereof shall not cancel or otherwise terminate said security without a written notice being given to the Village between thirty-(30) days and forty-five (45) days in advance of termination or cancellation. 11. No occupancy permit shall be issued until all exterior lighting specified on Exhibit "C" is installed and operational. 12. The Developer acknowledges that he is responsible for the proper control of weeds, grass, refuse, and junk on all property which he owns within the Village in accordance with Chapter 8.32 of the Buffalo Grove Municipal Code. It is further agreed that the Developer shall continue to be responsible for the proper maintenance of any parcels of property for which the Developer transfers ownership to the Village until such time as the development's Improvements are accepted by the Village in writing in accordance with the provisions of this Agreement. If the Developer fails to perform his maintenance responsibilities established in either this paragraph or Chapter 8.32, the Village may provide a written notice to the Developer of the improper maintenance condition. If proper maintenance is not completed within ten (10) days after the Developer is provided this notice, the Village may perform the maintenance and deduct the costs of the maintenance from the cash deposit described in Paragraph 9E. 13. The Developer agrees that no Improvements constructed in conjunction with this project are sized or located in such a way as to warrant any recapture payment to the Developer pursuant to any applicable previous agreements. 14. This Agreement shall automatically terminate and be of no further force and effect with respect to Developer or the Property upon the expiration of the one year maintenance period, and upon such termination the parties hereto shall have no further obligations to the other, except for the Village's obligation to return the Letter of Credit and cash deposit to Developer or otherwise notify the issuer of the Letter of Credit of the expiration of the Letter of Credit. The period commencing on the date set forth Packet Pg. 132 in the preamble to this Agreement and expiring on the expiration of the one year maintenance period is referred to herein as the "Term". 15. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the Parties hereto including, without limitation, the dated nnexation Agreement or PUD Ordinance) and the obligations contained therein. 16. Neither party shall cause this Agreement (or any memorandum hereof) to be recorded against the Property. [Signature page follows] IN WITNESS WHEREOF, the Village has caused this Agreement to be executed, as has the Developer, all as of the date first above written. VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation By DEVELOPER: By: _ Name: Title: 7 Packet Pg. 133 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT Legal Description EXHIBIT A Commonly known as: Packet Pg. 134 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements set forth and depicted in the Plans, both public and private, including (to the extent applicable) earthwork, streets, driveway and parking area pavements, sidewalks, sanitary and storm sewers, water main, drainage and storm detention facilities, site grading, street lighting, landscaping, survey monuments and benchmarks. E Packet Pg. 135 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Final Engineering and Landscaping Plans prepared by: Entitled: Consisting of: sheet(s), last revised (see following pages) 10 Packet Pg. 136 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Engineers Opinion of Probable Costs 11 Packet Pg. 137 ). T F' BUFFALO GVROVE Reparfini!!,urlk k6 1ak) id 6±,M^.M.9 2198 Fs�B4i5 75845 )arre,uii "'ll Ilqoiiki o, II'°' . 1 all °+4uf;;u d na�pwna^�+�an� March 31, 2017 James Truesdell K. Hovnanian Homes 1804 N. Naper Blvd., Suite 200 Naperville, Illinois 60563 Dear Mr. Truesdell, The following recapture fees are due pursuant to the Annexation Agreement and previously recorded Village Ordinances. I have assumed a payment date of June V, 2017. Ord. No. Principal Interest Collection Charge Total 79-53 (Standard Pacific) $ 635.50 $ 619.49 $ 62.75 $ 1,317.74 79-53 (Village) $ 1,830.00 $ 3,150.02 $ 249.00 $ 5,229.02 85-07 (Standard Pacific) $ 925.50 $ 959.50 $ 94.25 $ 1,979.25 85-07 (Village) $ 1,086.50 $ 1,127.90 $ 110.72 $ 2,325.12 85-16 (Lexington) $ 2,330.50 $ 4,078.38 - $ 6,408.88 85-65 (Lexington) $ 2,339.00 $ 4,046.47 - $ 6,385.47 85-67 (Lexington) $ 2,442.00 $ 4,139.19 - $ 6,581.19 85-77 (Village) $ 2,471.50 $ 4,671.14 $ 357.13 $ 7,499.77 89-75 (Zale) $ 50,755.00 $ 78,416.48 $ 6,458.57 $ 135,630.05 Total Amount Due $ 64,815.50 $ 101,208.55 $ 7,332.43 $ 173,356.48 Please provide payment by the above date. If you have any questions please contact me at the above number or email address. Sincerely, 7 Darren T. Monico, P.E. Village Engineer An Internationally Accredited Public Works Agency Since 2004 I Packet Pg. 138 1 6.A.o School District 102 Fee Schedule Per Unit Type and Bedroom Count - Paid at Building Permit Impact Fee Schedule District 102 Impact District 102 Capital Improvement Total District 10: Detached Single Family Fee Fee Fees 2 Bedroom $ 687.17 $ 687.17 $ 1,374.33 3 Bedroom $ 2,002.39 �$ 2,002.39 $ 4,004.78 4 Bedroom $ 3,059.00 �$ 3,059.00 $ 6,118.00 5 Bedroom $ 2,190.81 �$ 2,190.81 $ 4,381.61 ttached Single Family (Townhouse, rowhouse, ect) 1 Bedroom $ - $ - $ 2 Bedroom $ 502.44 $ 502.44 $ 3 Bedroom $ 1,078.78 �$ 1,078.78 $ 4 Bedroom $ 1,758.56 �$ 1,758.56 $ 1. Both the Impact Fee and the Capital Improvement Fee due shall be based on the actual number of bedrooms in a unit and the fee will be paid at time of building permit. 1,004.89 2,157.56 3,517.11 Packet Pg. 139 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: December 6, 2017 SUBJECT PROPERTY LOCATION: 16802 W Aptakisic Road (Link Farm) PETITIONER: K. Hovnanian T&C Homes at Illinois, LLC. PREPARED BY: Christopher Stilling, Director of Community Development REQUEST: Petition to the Village of Buffalo Grove for consideration of an annexation, pursuant to the terms and conditions of an annexation agreement, with a zoning to the R6A One -Family Residential District and R9 Multiple -Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. EXSITING LAND USE AND ZONING: The property is zoned AG, Agricultural District in unincorporated Lake County and is currently vacant. COMPREHENSIVE PLAN: The 2009 Village Comprehensive Plan calls for the property to be single family detached. Background K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated SO acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. Meetings to Date/Plan Progression Village Board Referral As the PZC is aware, KHov presented its concept plan the Village Board (April, 2016) for a 222 unit development. The Village Board provided comments and subsequently referred the project to the PZC to begin the entitlement process. PZC Workshops Prior to scheduling for a public hearing, the PZC facilitated several workshops (May 2016, June 2016, August 2016, and March 2017) to review the plan. During these presentations and workshops, the PZC provided feedback on the plan particularly on topics such as sidewalks, densities, building setbacks, building orientation, integration with adjacent buildings, traffic flow, open space and trail system. PZC Public Hearings/Discussion The following is a summary of the various public hearings/discussion related to the project. Minutes of each meeting are attached. Packet Pg. 140 6.A.p April 5, 2017 At the April 5, 2017 PZC meeting, KHov presented their final version of the Link Crossing plan for public hearing. The development consisted of 214 units in three neighborhoods: 70 clustered single- family detached (SFD) homes, 73 two-story single-family attached (SFA) townhomes, and 71 three- story single-family attached (SFA) townhomes. Approximately 40 members of the public attended the public hearing to learn more about the project and provide feedback. Around 15 members of the public spoke and their concerns revolved around the following themes: • Impact of development on schools • Prairie Grove Park improvements and the need for an expansion • Overall development density and character with surrounding developments • Three-story townhomes • Need for sidewalks along the cul-de-sacs in single family development • Increased traffic and its impact to the surrounding developments • Market feasibility Ultimately, the PZC continued the item to allow time for additional testimony. April 19, 2017 At the April 19, 2017 PZC meeting, KHov asked for additional comments from the public and the PZC. KHov was then directed to respond to the cumulative comments raised during the PZC meeting and the direction received by the Park District to increase the park's size. At this time, KHov requested the project be continued to the July 19, 2017 PZC meeting. This allowed them more time to develop plan alternatives and also host a neighborhood meeting (May 16, 2017). July19,2017 At the July 19, 2017 PZC meeting, KHov presented alternative plans for consideration. Two of the three plans were very similar and only differed in regards to public or private cul-de-sacs. The third plan provided a more traditional roadway configuration. Each plan ranged from 192-196 units and all alternatives included the following revisions: • Replacement of the three-story townhomes with two-story townhomes • Expansion of the Prairie Grove Park • Approximately a 10% reduction in total unit count Summary of the Latest Plan KHov has requested to proceed with the project with the clustered plan. The latest plan maintains the original intent of the project while reducing the overall unit count from a total of 214 units to 192 units. The plan includes 59 clustered SF detached homes and 133 2-story townhomes with an overall gross density of 3.84 units/acre. The plan also doubles the size of the existing park. According to the Developer, the proposed development will still target the active 55+ demographic by featuring many units with a first floor master bedroom suite and by offering a maintenance -free environment. The development will continue to have architectural designs that incorporate a "Craftsman" theme. Packet Pg. 141 6.A.p Comprehensive Plan The Comprehensive Plan's Future Land Use Map calls for the subject property to be developed into single-family detached. The Plan also identifies this area to feature a compact clustering of residential units adjacent to common open areas and recreation facilities as well as include some senior housing. The Future Land Use Map shows a section of the former Didier Farm property just north of Aptaksic Road (not included in the subject property) to be commercial/greenhouse. In terms of the Prairie Grove Park to the east, the developer will be donating the additional land to double the park's size which is consistent with the Comprehensive Plan. In addition, the developer will continue to make public improvements to the bicycle trail network for better use and connectivity. Staff believes the proposed plan also achieves other goals, objectives and policies discussed in the Comprehensive Plan including: enhancing natural and open space resources, improving the Village's bicycle network, incorporating recreational facilities and amenities in housing developments, encouraging attractive and durable landscape plans, encouraging interconnectedness of adjoining residential developments, and supporting new developments which add and enhance to the community's character. Surrounding Development The Woodlands at Fiore northwest of the property includes two single-family attached (SFA) developments which have a gross density of 5.77 units per acre as well as single -family -detached (SFD) development that has a gross density of 3 units per acre. The Prairie Grove and the Easthaven development are SFD developments east of the subject property and have gross densities of 2.4 and 2.1 units per acre, respectively. While not directly adjacent to the proposed Link Crossing Development, Waterbury Place is a SFA and SFD development northwest of the subject property which is similar to the proposed development. Waterbury Place has a gross density of approximately 5.5 units/acre, whereas, the proposed Link Crossing development would have a gross density of 3.84 units/acre. Proposed Zoning The proposed plan incorporates neo-traditional, pedestrian -oriented, and natural environment design elements. Such elements create an environment that provides maintenance -free living for all residents, encourages social interaction, enhances and varies streetscapes and architectural views, promotes walkability, enables more common open space, and meets the needs and desires of the age -targeted market. In creating such an environment, the proposed plan breaks away from the traditional suburban development generally constructed in the Village as well as standardized in Buffalo Grove's municipal code. Such a plan is suitable for a Planned Unit of Development (PUD) and is advantageous in achieving general goals and recommendations of the Comprehensive Plan and the Economic Development Plan. The Cottages (Single -Family Detached): R6A The Cottages (SFD homes) will be rezoned R-6A from the Village's default R-E zoning classification (All properties retain the R-E zoning upon annexation in the Village unless otherwise specified.) The R-6A is the Village's most dense single-family dwelling district and is appropriate for the subject Packet Pg. 142 6.A.p property given its use, size, building height, setbacks and other bulk standards. Other SFD residential developments with the R-6A zoning classification include the Highlands Development and Strathmore Grove. The Villas (Single -Family Attached): R9 The Villas (SFA two-story townhomes) will be rezoned R-9 from the Village's default R-E zoning classification The R-9 zoning classification is appropriate for the subject property given its use, size, building height, setbacks and other bulk standards. Other SFA residential development with the R-9 zoning classification include but are not limited to Waterbury, Tenerife, Crossings, Concord Place Hidden Lake and Old Farm Village. The Village has a total of 19 developments with the R-9 classification. Planned Unit Development (PUD) The petitioner is also requesting a special use for the planned unit development (PUD) given the size and nature of the proposed development. The primary purpose of a planned unit development is to provide flexibility to the development so it can achieve a balanced development site with physical, economic and social assets which would be otherwise difficult to achieve through the traditional zoning classifications. Examining the plan's deviations from zoning requirements provides a context for the projects general scale, design, and size. The SFD homes most closely aligns to the R-6A zoning district. As shown below, the proposed SFD homes are on smaller lots, with allowable encroachments for porches. The SFA townhomes most closely align with the R-9 zoning district. As shown below, these attached dwelling units tend to have smaller setbacks than the regulatory standard as well. SFD Homes: The Cottages R-6A District Requirements Proposed Development 6,600 sf Average Lot Size: 7,387 sf Min Lot Size Width: 60' at bldg. line Width: 55' 25' and allowance for a porch to encroach up to 6' Y Front 25' into the 25'setback u ra Corner Side 25' 25' d v, Interior Side 6' but not less than a combined 12' 6' but not less than a combined 12' 30' 30', however ranch units may be allowed to be Rear setback 25'. SFA Homes: The Villas R-9 District Requirements Proposed Development Front 25' 20' and allowance for a porch to encroach up to 6 Y U feet into the 20' setback M Side (Interior) 6' 7.5' c Side (Corner) 25' 20' Side 24' (with windows) and 15' 24' with windows (Separation) (without) Rear 40' 40' (Separation) Packet Pg. 143 6.A.p Transportation The main access into the development would be from Brandywyn Lane to the north and Meridian Way to the east. Access to Buffalo Grove Road is restricted for emergency vehicles through the private access drive serving the 6-unit building at the southwest corner of the site. The developer has provided a future roadway connection map showing how future access to Buffalo Grove Road and Aptakisic could be achieved if/when the property to the south redevelops. The developer has also provided the necessary land to accommodate the future connections. As a condition of approval, staff is requesting another additional emergency access to Buffalo Grove Road from Street J which serves the SFA area at the northwest corner of the development. A key change to the plan is that KHov is proposing to have the cul-de-sacs designed to be publically dedicated, while still maintaining the integrating of the original plan. Staff is still concerned about accepting these cul-de-sacs due to the long term maintenance responsibility by the Village. While these could be dedicated, there would be a variation to allow for reduced ROW. Parking Overall, the development will meet all the parking requirements established by Village Code. The Cottages will include two -car garages as well as parking for an additional two vehicles in the driveway. Furthermore, each cul-de-sac will have 4-6 guest parking spaces. It should be noted that on -street parking in the cul-de-sacs will be prohibited. The two-story townhomes will include a two -car garage as well one parallel parking space in front of the garage. This is similar to the Waterbury development. An additional 49 guest spaces will be provided throughout the neighborhood. Lastly, since the project is providing fully dedicated ROWs, on -street parking will also be provided. Landscaping The petitioners designed Link Crossing to compliment the area's natural features and preserve open space. Consequently, landscaping is a critical component of the development. Trees, shrubs, and perennials line the streets, bike paths, and open spaces and parks throughout the development. Landscaping is particularly concentrated along the development's perimeter to provide a landscaped buffer between major roads and the subject property. Additionally, landscaping is concentrated around the SFA developments to enhance this area's neo-traditional and pedestrian orientation and design. Furthermore, the landscaping in these denser areas adds dimension, character, and color. Benches, tables and other pedestrian and landscaping amenities are provided at critical open space areas such as parks, interior courts, and road junctures. As Links Crossing is a maintenance -free development, all landscaping will be maintained by the future HOA. The Village Forester has reviewed the Link Crossing Development landscaping plan and was pleased with both the proposed plant materials and locations. He had no major comments and the final plan will be approved conditional to his comments per the Village Code. School District & Fiscal Impacts The developer has provided a comprehensive fiscal impact analysis which was previously provided and shared with the school districts. As part of the analysis, the Developer evaluated the proposed Packet Pg. 144 6.A.p project against a more traditional single family development. The results found that the proposed development would have less of an impact on the taxing districts, while generating more revenue for them. The development would be fiscally positive to the taxing bodies. School District 102 (Elementary) Furthermore, throughout the planning process, the developer and staff have met with the School District 102. Based on discussions with both the developer and School District 102, a tentative agreement was reached with District 102 staff. This agreement has not been approved by the School Board as they were awaiting the final outcome of the project. As part of the agreement, the developer is providing additional impact fees to District 102. It should be noted that the additional stormwater is no longer being requested by District 102. School District 125 (Stevenson) According to the fiscal impact study, a total of 23 high school aged children would be generated by the development. Based on the analysis, the proposed project would be fiscally positive to the District 125 and therefore the developer is proposing to pay impact fees in accordance to Title 19 of Village Code. Architecture The development will have architectural designs that incorporate a "Craftsman" theme throughout both neighborhoods. Cottages As shown, the developer is proposing five different model types for the single family homes. This includes two types of ranch models, a 1% story "Cape Cod" model and two types of traditional "two-story" models. Each model will have 3 different elevations to choose from along with many other color options for a total of 15 elevation options. Villas The proposed two-story townhomes will continue to use the same "Craftsman" theme. Units will be 31' in height and include 3 types of color packages. Overall, staff supports the architecture of the Villas, however we recommend that LP Siding (Fiber Cement Board) or if 6-inch wide vinyl be used. Utilities/Site Engineering The proposed development would meet all the Village's utility requirements. The development would connect to existing utilities located within the area and the Village has sufficient capacity to accommodate the proposed density. As for stormwater, the development would meet both the Village and Lake County's stormwater requirements. Detention will be provided throughout the site in four naturalized basins. Furthermore, the existing drainage ditch will remain and the necessary buffers are being provided. Lastly, the Village owns the detention pond at the southeast corner of Brandywyn and Buffalo Grove Road. As part of the project, the Village would deed the detention pond to the future HOA for ownership and maintenance responsibility. Overall, the Village Engineer has reviewed the proposed plans and does not have any objections. The proposed plans, if approved, will be subject to final engineering review and approval. Packet Pg. 145 6.A.p Zoning & Development Ordinance Variations As a result of the new plan, several variations are no longer needed. The following is a summary of the variations that are still required. Zoning Ordinance 1. Variation to Section 17.28.050 reducing the required perimeter setback as depicted on the plans submitted as part of the petition. The Village's PUD standards require a minimum perimeter setback of 35' or height of the building (whichever is greater). In applying this standard, the proposed plan would meet the setbacks, however the single family homes around the Prairie Grove Park would be setback less (front yard of 30') to be consistent with the adjacent Easthaven Development to the east. Furthermore, the townhomes around the park would be approximately 20' from the new park property. 2. Variation to Section 17.40.020 decreasing the minimum front yard, interior side yard, corner side yard and rear yard setbacks as depicted on the plans submitted as part of the petition. The proposed plan would require a variation for the front yard only to accommodate a front porch of up to 6'. Furthermore, a variation is required to allow a 5' rear setback for their ranch models. 3. Variation to Section 17.40.050 decreasing the minimum front yard, interior side yard, corner side yard and rear yard setbacks as depicted on the plans submitted as part of the petition. The Village code requires the following minimum setbacks for the R9 District. The proposed plan would require variations for the front setbacks only for the SFA homes (the Villas). Code requires 25' and they are requesting 20'. 4. Variation to Section 17.40.020 decreasing the minimum lot width for the R6A Zoning District as depicted on the plans submitted as part of the petition. The Village code requires a minimum lot width of 60 feet (at building line) for the 136A zoning district. The proposed plan would require variation from this requirement as the minimum lot width is 55' for the SFD homes (the Cottages). 5. Variation to Section 17.40.020 decreasing the minimum lot size for the R6A Zoning District as depicted on the plans submitted as part of the petition. The Village code requires a minimum lot size of 6,600 square feet for the R6A zoning district. The proposed plan would require variation from this requirement as the smallest lot is 5,547 square feet. The average lot size is 7,387 square feet in the SFD homes (the Cottages). It should be noted that the developer is providing large amounts of common area Packet Pg. 146 6.A.p open space around the lots as a buffer. Therefore, the actual gross area would be increased for each lot if this were to be included. Development Ordinance 1. A Variation to Section 16.50.070 reducing the minimum right-of-way and parkway requirements. Overall, the ROW of the main road off of Brandywyn Lane meets the intent of the Village Code. This variation is necessary so that the landscaped island at the entry point can remain under HOA ownership and maintenance. Furthermore, the reduction is to allow for less ROW in the cul-de-sacs. The pavement and turning radii would meet Village Code. DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer's has reviewed the proposed plans and does not have any objections. The proposed plans, if approved, will be subject to final engineering review and approval. Fire Department The Fire Department has reviewed the proposed plans and does not have any objections. The Fire Department notes that turning radii throughout the development shall be revised to accommodate fire vehicles. STAFF RECOMMENDATION Staff recommends approval of the zoning to the R6A One -Family Residential District and R9 Multiple -Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations, subject to the following conditions: 1. The Developer shall enter into an annexation agreement in a form and manner acceptable to the Village. Said agreement shall incorporate the following additional conditions: a. The proposed development shall substantially conform to the plans submitted as part of this petition. b. The Developer shall make the necessary land donation and improvements to the surrounding development in accordance to the draft plans attached and as approved by the Buffalo Grove Park District. Any remaining land donation contributions as required by Title 19 of Village Code shall be paid at time for building permits. c. The Developer shall pay a cash contribution to School District 102 in accordance to their letter/proposal to District 102 dated April 3, 2017. d. The Developer shall pay an annexation fee of $1500 per residential unit. e. The Village shall convey and the Developer shall accept the existing Village owned detention pond located at the southeast corner of Brandywyn and Buffalo Grove Road. All future maintenance responsibilities of this pond shall be borne by the future HOA. f. Final architectural plans and elevations (including colors and materials) shall be revised in a manner acceptable to the Village. Prior to the issuance of the first building permit Packet Pg. 147 6.A.p for a residential unit/building, the developer shall prepare and submit a final architectural package that shall be reviewed and approved by the Village. Said approval may require a meeting by the PZC. g. All building elevations (detached and attached) that abut existing/future ROWS and private streets shall include foundation landscaping and additional architectural treatments in a manner acceptable to the Village. h. Draft CCR's shall be submitted in a manner acceptable to Village. All landscaping embellishments (arbors, trellises, fences, etc) shall be standardized with 1 option and incorporated into the CCR's. i. The Declarations shall indicate that certain private streets and/or cul-de-sacs will remain private with the maintenance responsibility of the association in a manner acceptable to the Village. j. The final plat of subdivision shall be revised in a manner acceptable to the Village. The future right-of-way (ROW) at the southernmost terminus of Street G and Street I shall be identified as outlots. At the request of the Village, these outlots shall be conveyed to the Village for future ROW. All future and subsequent homeowners shall sign a disclosure acknowledging that these outlots will become a future public road. A sign shall also be posted on the property, in a form and manner acceptable to the Village, indicating that this area will be future ROW. k. Turning radii throughout the development shall be revised in a manner acceptable to the Village. This may require the need to limit on -street parking in a manner acceptable to the Village. I. Final engineering shall be revised in a manner acceptable to the Village. m. The final landscape plan shall be revised in a manner acceptable to the Village. n. All medians and islands located in public ROW shall be identified as outlots and shall be the ownership and maintenance responsibility of the HOA. o. On -street parking in the cul-de-sacs and streets shall be prohibited. p. Setbacks for all units shall be in accordance to the approved site plan. q. An emergency access to Buffalo Grove Road shall be provided in a manner acceptable to the Village. This shall include an additional emergency access to Buffalo Grove Road from Street J and from Street I. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall reopen the public hearing and take public testimony and the PZC shall then make a recommendation to the Village Board. Packet Pg. 148 6.A.q 04/5/2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, APRIL 5, 2017 Call to Order The meeting was called to order at 7:30 PM by Commissioner Eric Smith Public Hearings/Items For Consideration Consider Approval of a Rezoning to R6A and R9 Planned Development with Variations for the Link Crossing Subdivision Located on the Vacant 50 Acres South of Brandywine Lane, West of Meridian Way and East of Buffalo Grove Road (16802 W Aptakisic Road) (Trustee Berman) (Staff Contact: Chris Stilling) Lawrence Freedman, James Truesdale, John Isherwood, Randall Wilt, Zorn Melatinavic, Javier Milan, Mark Korinski, Steve Kaminski were sworn in. The petitioner introduced the case. Mr. Truesdale gave introductory remarks and an overview of the plan. Mr. Korinski reviewed the site plan and details. Mr. Isherwood detailed the marketing needs for the development. The architecture was also reviewed. Mr. Stilling said that School District 102 has tentetively accepted the terms of the impact fee agreement. A lot of the plans for the Prairie Grove Park were done at the recommendation of the Park District. Commissioner Goldspiel asked what a pickleball court was. The petitioner said that it was a small court that uses a small wiffleba/l-type ball. Mr. Stilling said that bike paths and pickleball courts were requests by the Park District. Commissioner Goldspiel asked what the maintenance fee for the units would be. The petitioner said that the two and three story homes would be a few hundred dollars per month as they would take care of roofs, siding, etc. The single-family home fees would be lower to go toward landscaping and related maintenance. Commissioner Goldspiel did not note any place for maintenance equipment. The petitioner is partnered with a management company that would manage this with the Association once formed. Most of the equipment will be held offsite. Commissioner Cesario asked about the 18 conditions listed in the Staff Report. The petitioner said that this had been discussed with Staff, he hoped to still discuss vinyl siding with Staff. Beyond that, conditions were acceptable. He also hoped the architecture would be included as part of the annexation agreement to speed the process. Mr. Stilling responded that he did not believe vinyl siding had been approved for other residential projects in recent history. He also had some concerns about elevations. He wanted to get Commission feedback on these matters. Mr. Stilling and the petitioner agreed to continue working together on this. Commissioner Cesario said that the off -driveway parking options had improved. Condition L addressed this, and he asked if this was a broad or narrow issue. Mr. Stilling Packet Pg. 149 04/5/2017 6.A.q said that there was some potential conflict with the largest fire truck; however, these templates would be revised so proper signage could be posted. This would be consistent with Village Code. Commissioner Lesser asked the petitioner to walk him through the ingress and egress points. The petitioner reviewed the access on Buffalo Grove Road by Churchill Park. The southern access points would be developed as needed with the development of the future commercial parcel. Commissioner Lesser asked about the pedestrian walkways and bike paths. The petitioner reviewed both, which were incorporated with throughout the site and under the guidance of the Park District. Commissioner Lesser said that all of the townhomes and row homes had direct access to sidewalks; however, not all of the cluster homes had direct access to sidewalks. There was some discussion regarding this issue. Commissioner Moodhe asked if the private walks would be concrete. The petitioner said that the 8-foot bike paths would be asphalt; everything else would be concrete. Commissioner Moodhe said that the price point was getting closer to higher -end homes. The petitioner said that these types of products were successful in neighboring properties. There was some discussion regarding the architecture and elevations as well. Commissioner Moodhe asked if the impact fee would fluctuate. The petitioner said yes that this was based on the number of bedrooms in the unit. The School District and Park District received an explanation of how these impact fees vary by bedroom size. Commissioner Moodhe asked Mr. Monaco asked if any of the homes would end up in a floodplain. Mr. Monaco said that no, the homes would be elevated out of the floodplain. Commissioner Khan discussed the exhibit showcasing the bike paths and walkways, which indicated which bike paths were public vs private. He said that the average homeowner would not know the difference of which sidewalks belong to whom. He felt that this would create confusion particularly for landscaping and snow plow. The petitioner said that there would be covenants that spell out ownership. Mr. Stilling added that a similar situation had happened with the Easton Townhomes, and there would be agreements as part of the closing on a home. There was discussion of including the map as part of the covenants to help clarify this issue. Commissioner Khan asked if there were any wetlands on the site. The petitioner showed where wetlands were located and confirmed that the Army Corps of Engineers had jurisdiction over this. It was determined that there was no impact on the wetlands though. There was some discussion regarding instructions for maintenance to the Homeowners Association. The petitioner said that this was a requirement for the permit process. Commissioner Khan asked about the traffic report as he thought this was a part of a bigger report. Mr. Milan agreed and said he just gave the commission what was needed. Commissioner Khan asked for clarification on what table was for existing conditions and Packet Pg. 150 04/5/2017 6.A.q which one was for once the development was complete. There was some discussion regarding the plans for Buffalo Grove Road. Commissioner Weinstein said that the overall conclusion was that with 200 units, there would be minimal impact on Brandywye and Olive Hill. Prairie Road intersection with Olive Hill had a typographical error on the increase in delay. There was some discussion on impacts on Buffalo Grove Road. Commissioner Weinstein asked about the standards of variations. The petitioner said that there was a supplement for the standards not addressed. The supplement was reviewed for the commission. Commissioner Goldspiel asked about clustering to provide more open space. He said that the open space was naturalized detention area and asked how clustering helps since detention could not be used. The petitioner said that this was used as passive space and that they worked on this open space with the Park District. Chairman Smith entered the staff report as Exhibit One. (Meeting break for five minutes.) Mike Weisner (156 Ironside Court) thanked the Board and Village for their work. He asked about what the impact would be on existing neighbors. He was also concerned that this was being marketed to the over 55 demographic; he did not think three-story townhomes would be good for this market. He also asked about the main entrance along Brandywyn and how this would have a minimal impact. The Buffalo Grove Road improvement was not scheduled until 2020 or 2021 as of now. He did not feel that there was safe and moveable traffic there now. Currently, activity at Meridian School creates back ups (especially for parking) to Ironwood Court. The environment study did not seem take into consideration the mature trees and the animal habitats by the creek that would be disrupted. He liked the paths but felt that they were not connected to other paths. Mr. Weisner asked where the snow went when it was plowed. He was also concerned about park accessibility. He said that the market value of the homes start at $390, 000, and this would put it at a different market than what is being proposed. He did not understand how the numbers worked out for students within the School District. Keith Donaldson (89 Chestnut Terrace) said that he did not feel that there was enough notice about the public hearing. He also said that notices were only sent out to the area immediate surrounding the development, but he felt it would affect the entire Stevenson School District. He said that the selling price was for Buffalo Grove in totality, and he noted that there was a stark difference between those north and south of Lake -Cook Road. He said that the three-story units were on the marketing near Park City, Utah for up to 16 months because he was told "stairs don't sell". He said that this elevation and high density did not fit in the area. He liked the green area, but he felt that a lot of it was floodplain that could not be built on anyway. He noted that his calculations show this development to be four homes per acre, but his numbers show six homes per acre if you take unusable space into account. He asked that this be looked at more closely. He said when older retirees leave, generally they do not stay in this high -tax area. He felt that this development would be more attractive to those looking to get into the schools. Regarding the maintenance fees, he did not feel that a fee of "a few hundred dollars" was incorrect Packet Pg. 151 04/5/2017 6.A.q and asked if this would be examined. He briefly also addressed the speed of vehicles in the area. Albert Modahue (197 Hoffman) said that he did not disagree with developing this property, but it had to be done responsibly. He did not feel that this should be zoned with the proposed zoning district as this was too much with too little input from the public. He also had not seen any information from the school. He had concerns about credit being sought for handling water runoff. He believed that these homes would be more attractive to parents with school -aged kids than those of retirement age. He thought that either an age restriction be added or flexibility be given if the market assumptions were wrong. He noted that Pulte gave a sizeable donation was given to the Park District. Now he did not understand how that parcel could be given away for land improvements. This was the first opportunity that the Easthaven group had had to review the documents and comment. Kyle Olson (738 Aspen) said that he did not live in the area but was a potential buyer. He said that these surrounding areas have begun to look less attractive because of this plan. This was such a different property than those around it. He said that this plan had been in development for a while without public input. He also briefly discussed the markets being targeted. Regarding the Homeowners Association, he agreed that this would likely get expensive. He liked the idea of maintenance -free living, but he did not think this was going to be available for a reasonable price. He said that the walkability score was low and would not attract millennials. He spoke about the student impact and noted that a previous meeting had requested that the numbers for the School District be reviewed again. He also did not believe that the exterior elements justified the projected house price. Mr. Weisner asked why the main entrance was aligned with Ironwood Court as it did not seem to match. He asked if the cul-de-sacs were big enough for fire engines or garbage trucks. Mr. Stilling said that the firetrucks were larger and these sizes did meet the specifications needed. There was brief discussion regarding sidewalks. Mr. Weisner said that the median home price in Buffalo Grove was $313,000, and these homes were slated to start above that. He did not know how this was going to be monitored or restricted. He was concerned about the density and school impact numbers being accurate. Chris Donaldson (89 Chestnut Terrace) asked about the three-story townhomes and asked about what safety concerns without fences on these properties. Julie Lavar (2038 Jordan Terrace) said that in a previous property, she had had problems with investor ownership in a multi -family home unit. She wanted to also ask about not only road traffic but construction traffic. To the Park District, she said she thought Didier Farms was going to grow. To the School District, she said she agreed that the school numbers needed to be examined more closely. Robbie Young (50 Carlyle) said that traffic had been mentioned Prairie and Buffalo Grove Road and asked if there was going to be a light. She said that to get down Brandywyn at school time is backed up already. She also said that three-story townhomes in the neighborhood would affect the value of neighboring homes. As a realtor, she gave her opinions. Packet Pg. 152 04/5/2017 6.A.q Erik Brennan (191 Hoffman Drive) said that these new homes with families would come in but there was less park space to play. He was concerned about the neighborhood park being used for a destination park. Kathy Arvanitakis (401 English Oak Terrace) said that people walk along the retention area with their dogs. She could see this area from her kitchen window and enjoyed the view. Looking at this area with taller grass and backed by three-story townhomes was disappointing. She said that this did not fit with the character of the neighborhood and wanted to know why the plan with 120 homes was not looked at more closely. Ronnie Sharma (2013 Olive Hill Drive) said that they had been used to low traffic flow and was concerned about a lot more traffic on Olive Hill and around the park. When she had brought up concerns with the Park District several years ago, she was told that when the Links Farms area this developed, resident input would be obtained. Regarding the kids in parks, she was okay with one pickleball court and the rest of the space be dedicated towards tennis courts or basketball courts. Regarding parking, this was becoming a destination park. The toddler park would have to be expanded if more kids were added to the area. She was also upset about a sidewalk planned to be going through the current soccer field. She reiterated concerns about additional children and additional traffic. Keith Donaldson (89 Chestnut Terrace) said that most millennials do not want to live in this type of area until they have children. As an avid biker, he said that small bike paths that do not go anywhere do not do anything for the bikers. Albert Modahue (197 Hoffman) said that it was 11 pm, and he felt that this matter be tabled for the evening to get answers to the substantive questions. Kyle Olson (738 Aspen) said that he preferred not having private roads as this becomes a bigger problem for the residents. Jeff Braiman (26 Canterbury) said that this did not affect his home, and over the period of planning for this parcel, he knew this was an important property about how it would be developed. This had been planned as single family detached homes with larger lots. He said that private streets were rarely allowed because it was a maintenance problem, and it did cause confusion. There was some discussion regarding parking being allowed in the cul-de-sacs, and he also wanted to include sidewalks. He said his main point was that the proposal was too dense and was requesting too many variations on the smallest lots the Village grants. He reviewed the Comprehensive Plan for this area in the past, and he knew that there were slight changes. However, this was too dense. He also said that he had heard that there was a lack of senior housing options in Buffalo Grove, so he thought that there was a benefit to the Village residents and school districts. He also briefly mentioned open space. He reiterated to the audience to come to the Village Board as well. He liked this builder and knew this plan worked well for them, but it was important to be beneficial to the Village as well. Katie Mark (1920 Prairie Road) asked about how many accidents had occurred around Brandywyn and Buffalo Grove Road. She did not believe that 214 more households in Packet Pg. 153 04/5/2017 6.A.q this area would help with that situation. Easthaven was supposed to be developed for multi -generational homes, and she asked if more students were added to the school districts from the Easthaven development than expected. She said that her family sold property to create Easthaven, and at that time there were a lot of conversations about the park space. There were talks about the Comprehensive Plan and land was given for park space. She feels the park is not big enough given this new development, and she wants more park land. Bill Paradise (417 English Oak Terrace) said that he lived across from Buffalo Grove Road, and he did not want to look out at three-story townhomes. He said that this would alter the character of the neighborhood which was one of the conditions listed in the packet. He was concerned about the amount of kids and traffic because on his small cul- de-sac, he felt it averaged two cars per house, and at least one child per house when it was built. Chairman Smith said that there was a list of questions to be answered and recommended continuing this to the next meeting. Moved by Com. Goldspiel, seconded by Com. Khan, to continue the public hearing to April 19, 2017. RESULT: TABLED [UNANIMOUS] Next: 4/19/2017 12:00 AM MOVER: Stephen Goldspiel, Commissioner SECONDER: Zill Khan, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Amy Au Packet Pg. 154 6.A.r 04/19/2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, APRIL 19, 2017 Call to Order The meeting was called to order at 7:30 PM by Commissioner Eric Smith Public Hearings/Items For Consideration Consider Approval of a Rezoning to R6A and R9 Planned Development for the Link Crossing Subdivision (Continued from the April 5, 2017 Planning and Zoning Commission Meeting) (Trustee Berman) (Staff Contact: Chris Stilling) Lawrence Freedman, James Truesdell, Jon Isherwood, Eric Russell, Steven Kaminski, Mark Kurensky, Randall Wilt and Zoran Milutinovic, were present and sworn in. Mr. Freedman advising that they have not made any modifications to the proposed development. They are looking to get feedback from both the Commission and the public prior to making any modifications. He addressed a major concern that was discussed at the last meeting concerning the Park District. Originally, the Park District had asked for a land donation for bike trails and a cash donation to improve Prairie Grove Park. Since the last meeting, the Park District has changed their position and have requested land donation for bike trails and an expansion of Prairie Grove Park. Based upon the feedback received, the plans will be modified to address comments. Mr. Truesdell clarified a few issues that were raised at the previous meeting. He compared the three story townhomes to the Easton Station Townhomes since height was an issue. They are not asking for any variations for the height of the three story townhomes. They are within the allowable code. He addressed the comments concerning the lack of similar developments in the area. He advised that Easton Station is very similar as well as many other developments located in adjacent communities. He reiterated Mr. Freedman's comments concerning the park and finally he addressed the concerns about the schools. They have negotiated with the School Districts and will be providing an additional acre of detention in addition to the cash donations. Mr. Stilling advised that the proposed plan will likely change. Once the Village has received a revised plan, it will be made available to the public the Friday prior to the next Planning and Zoning Commission meeting. Com. Goldspiel referenced the traffic study and stated that he did not see a proposed traffic light at either end of the development and asked how traffic management will be addressed. Mr. Russell explained that the traffic volumes today do not warrant a traffic signal. The widening of Buffalo Grove Road will make a difference. He acknowledged that there will be delays during the rush hour on Brandywyn Lane. However, the lights on Buffalo Grove Road will create gaps that will allow traffic to exit onto Buffalo Grove Road. He does not believe that the back ups will be significant. Com. Goldspiel asked how many cars represent 75 feet. Mr. Russell responded three to four cars. Com. Goldspiel asked if the lights could be timed to create better gaps. Mr. Russell responded that he will have to look at them. The lights may be on different systems. He advised that residents could always take Brandywyn Lane to Prairie Road. Packet Pg. 155 04/19/2017 6.A.r Com. Cesario commented on some of the highlighted issues. The aging population is typically looking for a smaller home with a master bedroom on the first floor. He understands that the proposed development will not be age -restricted. A master on the first floor is appealing to this demographic and rare in Buffalo Grove. The proposed R9 zoning is common in Buffalo Grove. R6 zoning allows for the smallest single family lot size. Under this proposed development, owners will have minimal maintenance as it will be a maintenance -free community. The R6A zoning does not detract him from this proposal. The green space views make sense. There is ample dedicated parking throughout the proposed development. Sidewalks and bike paths are also throughout, except in the cul-de-sacs. He recommends adding some sort of sidewalks around the cul- de-sacs. Regarding the school districts, there is always worry when adding a large number of homes within the districts. The school districts acknowledged that this project will have a positive financial impact. The developer is currently working with the Park District on proposed changes. The three story townhomes look like an urban product in a suburban setting. The developers point on the proposed building height is a good one. He compared this proposed project to other developments along Buffalo Grove Road. Overall he believes the developer did a good job. He still struggles to see how this project will work with the existing neighborhoods. He suggested scaling the proposal down to more closely match what is in the area surrounding it. Or he would prefer to see samples of what the development will look like to the surrounding neighborhoods. Regarding traffic, he suspects that during peak times it will be more impactful. Regarding pricing, retirees downsize and the pricing is high for this type of product. Com. Lesser does not buy into the traffic study's conclusions. He drops off and picks up his children and has seen cars stacked with small gaps in traffic. His experiences are not consistent with what is being represented. He advised that the traffic impact must be looked at very careful and believes that this proposed development will have a significant impact on both the traffic and schools. He recommended incorporating traffic signals into the plan. Com. Khan advised Mr. Russell that he was at the site around 7:15 p.m. to see the traffic conditions. There were three cars stacked behind him while he was attempting to turn left onto the Buffalo Grove Road from Brandywyn Lane. He waited between 30 and 45 seconds to turn. He stated that the traffic study is based on current traffic and does not account for the increased traffic of the proposed development or any future development of the vacant land to the south. He agrees with the comments made by the other Commissioners. He believes a future traffic signal will be required. He asked Mr. Russell if he had any knowledge of future road projects to be done by the County. Mr. Russell responded that he is only aware of the future widenings of that section of Buffalo Grove Road. The County will not install a traffic signal until it is required. Even projecting out to 2020, the traffic counts would not warrant the installation of a traffic signal. The Village can re -visit the traffic counts in the future. Com. Khan asked if Mr. Russell had contact the local Police Department to obtain the accident information used in the study. Mr. Russell advised that he gets the information from the State. Com. Khan suggested that the developer contribute toward a future traffic signal or for future road improvements and not to place the responsibility upon the Village. Com. Khan advised Mr. Truesdell that he is not a fan of private roads or private sidewalks. After many years when the roads and sidewalks start to need maintenance, the Homeowners Association will end up at the Village asking for the Village to take over responsibility. That puts the Village between a rock and a hard place. He does not support the private roads and sidewalks. Regarding the anticipated HOA dues, an average two bedroom condominium costs approximately $275.00 to $325.00/month. He does not see the HOA fees to be less than $400.00/month. Mr. Isherwood stated that the cul de sacs will not be as wide as Village Packet Pg. 156 04/19/2017 6.A.r streets. He asked Com. Khan to clarify what he is asking. Com. Khan would like the streets to meet Village code. Com. Khan advised Mr. Milutinovic that people want their children to go to Buffalo Grove schools. He has a hard believing the estimated number of school children that this development would generate. He compared the current proposal to the alternative in the Comprehensive Plan which consists of single family home subdivision. Mr. Isherwood responded that a subdivision with 120 single family homes would be a different kind of development. The demand will be for 3,000 to 4,000 square foot homes with four bedrooms. Com. Khan advised that the report also indicates that the Village would lose approximately $6 million dollars over 20 years if the 120 homes development was pursued. Com. Cohn understands the need to build for an aging population, but you also get what you build for. The Comprehensive Plan called for single family home development. This project does not meet the Comprehensive Plan. The project needs to harmonize with the surrounding neighborhoods, which this project does not do. A single family home development would provide for the sense of a community. Purchasers of single family homes will put their roots down and take pride in their community. He doesn't feel the proposed development would attract a people that would take pride in the community. He believes this property should reflect what is called for in the Comprehensive Plan. He also agrees with the other Commissioners concerning the traffic impacts. He stated that there has been no testimony in support of the proposed development. Com. Moodhe addressed Mr. Russell with regards to the traffic study. He was in the area at 7:30 a.m. and the cars trying to cross Buffalo Grove Road looked like a game of Frogger. The traffic study did not take into account the future development of the remaining vacant land either. From 6:00 p.m. to 6:40 p.m. there is a dramatic increase in traffic in this area. Most people that leave work at 5:00 p.m. are just arriving home. Mr. Russell stated that the study reviewed traffic from 4:00 p.m. to 6:00 p.m. He also advised that the traffic on Brandywyn Lane is what will warrant whether a traffic light can be installed at that location. Com. Moodhe noted that if traffic backs up on Aptakisic Road and Buffalo Grove Road, traffic will cut through on Brandywyn Lane. The projections and the facts differ. He also still has issues with the density and the architecture. He is trying to visualize what it will look like. When traveling south on Buffalo Grove Road, the three story townhomes will be right in your face. He suggested possibly breaking the project down into two communities. Based on the acreage, there may be a possible loss of units. However, he is fine with that. Com. Weinstein noted that even with a 120 single-family homes development, there will still be an impact on the traffic. Mr. Monico stated that the requirements to install a traffic signal are based on Federal requirements. Mr. Stilling stated that the Village could ask the developer for a donation to recoup costs for a future traffic signal. Com. Weinstein understands that the requirements to install a traffic signal are not under the Village's control. However, it's all about the density. He has not had an issue with the three story townhomes. He believes the east side of the proposed development is too dense. He addressed Com. Cohn's comment regarding no testimony in support of the project by indicating that people only come out when they object to something and typically not when they support it. He also believes that traffic will be a problem. Com. Au agrees with Com. Weinstein. The property should be developed according to the Comprehensive Plan. She would like for the developer to provide studies of longevity of residents in townhomes. Packet Pg. 157 04/19/2017 6.A.r Com. Goldspiel also agrees with Commissioners Khan, Cohn and Weinstein. The project has constraints around traffic control and water management. The proposed development does not adhere to the Comprehensive Plan. This is a very high density development. Regarding zoning, it is not the Village's intent to build under the "A" classifications. He likes the architecture but is troubled by the three story townhomes. Stairs are a problem for seniors. Private roads are not a good idea. This does not meet the intent of clustering. The two story townhomes could use more space. Com. Lesser stated that the developer has been provided comments and feedback. The current proposed plan is very similar to what the Commission had first seen during the workshops. There are concerns with density and this development is not consistent with the Comprehensive Plan. The Planning & Zoning Commission's role is to do what's best for the community. The Village envisioned a traditional residential development for this land. He agrees with many of the other Commissioners' comments. He also does not like the private roads. The data presented in the traffic study does not seem accurate. He would like to see a more traditional residential subdivision with a small mix of townhomes. Ch. Smith asked about the type of customers they anticipate to attract. Mr. Isherwood responded the 19 to 34 year of age range. They are open to limiting the number of investor purchases and the number of units any one purchaser buys, in addition to limiting the number units to be used as rentals. They looked at the ownership history in the Mirielle and Tenerife Subdivisions. People today have different demands then before Ch. Smith asked staff to generate a limit on the number of rentals. There were no additional questions or comments from the Commissioners. Ch. Smith entertained questions and comments from the audience. Multiple people in the audience stood to speak. Ch. Smith sworn them in. Mr. Elliott Hartstein, 908 Providence Lane, advised that this is the last big piece of land to infill. He believes that the proposed development is a beautiful development, but is it a good development as presented. It does not follow the Comprehensive Plan. His biggest concern is the density. He is concerned about the make up of the development. This location is not suitable for three story townhomes. He is concerned about the private roads. They need to create more open space. Mike Garfield, 2118 Jordan Terrace, believes that 214 units will have an impact of traffic. 214 units does not make sense. There are narrow roads and no sidewalks. The occupants of the three story townhomes will not be able to get out except for on Brandywyn Lane. The 120 single family home development makes more sense for both traffic impacts and the schools. Marc Benjoya, 2071 Wright Boulevard, believes that Buffalo Grove is a community that likes open space and the developer should not create density for economic gain. The proposed development impacts safety from Buffalo Grove Road to Brandywyn Lane to Meridian. Where is all the traffic going to go? The Comprehensive Plan calls for contiguousity. Less density will benefit all. He asked if the developer has the First Right of Refusal for the remaining Didier property. The development will create safety concerns and traffic concerns. Michael Lessner, 156 Ironwood Court, lives across from the proposed main entrance. He is concerned with the traffic flow. He asked for Stevenson High School to not allow front Packet Pg. 158 04/19/2017 6.A.r door drop off. He asked about splitting the traffic access to two or three different spots. He asked about the connection of the bike paths. He is concerned with the environmental impact the proposed development would have on wildlife on the proposed site. He advised that he talked to the Didier family and they want to continue to operate in Buffalo Grove. He believes that the Comprehensive Plan should be followed. Anthony Kruschel, 2322 Magnolia Court East, does not like the look of the proposed townhomes. He believes they look like apartment buildings. He suggested putting a ten foot high berm and landscaping along Meridian. Ellen Ross, School District 102 Board President, stated that the school board does not express support for or against any development, including this one. She clarified information to Com. Lesser concerning the changes that will be made to the schools. She advised that the school is expanding as a result of several development and current expansions efforts would occur with or without the project. Steven Lefar, 2038 Jordan Terrace, moved in to his home in 2001. There were many investors and rentals at that time. People were constantly moving in and out. He does not believe the student calculations are correct. He does not believe that people will pay $400,000 for a home with $10,000 in taxes to downsize. He met with the original developer of this property and students were projected to be 125, not 85. He is concerned with the construction traffic that will be generated. He did not see construction traffic addressed in the plan or any of the other planned road projects. Jeffrey Braiman, 26 W. Canterbury Lane, stated that the 120 unit single family development has been mentioned a lot. The Comprehensive Plan addresses zoning and lot size. He asked about the vacant property to the south and believes that the subject development will dictate what getting developed to the south. Most developers will match existing development and consequently, they will end up with even more townhomes. Keith Donaldson, 89 Chestnut Terrace, has concerns about safety. He suggested that a pedestrian crossing light be installed. Kids cut across Prairie Road all the time. It is a dangerous situation. He asked if there were plans to widen Brandywyn Lane to accommodate the traffic. Mr. Stilling explained that Brandywyn Lane is already a collector street and will not be widened. Mr. Donaldson stated that he has lived there 22 years, but he is considering moving out. Kyle Olson, 738 Aspen Drive, agrees with the Commissioners comments. He does not believe that concerns have been addressed. Townhomes have a place, but not in this location. The proposed development will match the existing home is the area. He stated that the requested zoning of R9 instead of R8 is to allow the extra height on the townhomes. The plan does not make sense. He does not believe that there will be adequate parking available in the cul-de-sacs. He wants to know who asked for this type of housing. Mr. Stilling advised that the Village Board approved an Economic Development Plan last year, which recommended the Village look to diversify their housing stock. Mr. Olson does not believe targeting Millennials with $400, 000.00 homes. He also suggested putting two story townhomes in area A. Laura Neiberg, 362 Satinwood Court N, lives right at Satinwood and has only one way to get the Brandywyn Lane. She is concerned about the traffic. She cannot believe the 214 Packet Pg. 159 04/19/2017 6.A.r homes proposed for this development will not have an impact on the traffic. Any other way she travels adds 20 minutes to her commute. She is concerned about construction traffic. She is concerned with the density. She is concerned about water runoff on the surrounding properties. Ilya Tseitlin, 154 Ironwood Court, believes that traffic is awful today. There should be another road built from Brandywyn to Aptakisic. Albert Murillo, 197 Hoffman Drive, asked KHov if they overpaid for the property. The proposed project's density would impact the parks, traffic and schools. He believes a lot of children will come out of this development - more than 85. He suggested they consider making it a retirement community. He asked if KHov owns the property or not. He asked if they can back out if this development if it does not get approved. He asked the developer to justify putting so many homes in this development. He would like to see the Planning & Zoning Commission make the right decision. Roberta Young, 50 Carlyle Lane, lives four homes away from Brandywyn. Traffic is an issue now and will only get worse. Kids run across the street and there are no crossing guards. The three story townhomes do not fit in here. The two story townhomes fits since they are the same height. She explained that people spend under $500,000.00 for homes in Buffalo Grove right now. She heard people are talking about moving out because of this proposed development. She is concerned because people move here only for the schools. She believes the association fees will be more than $200.00 a month. Keith Donaldson, added that the three story townhomes are shorter because the roof pitch has been reduced, which makes the buildings look like apartments. He is concerned with the traffic on Buffalo Grove Road. The traffic flow on Brandywyn Lane will be greatly affected. Cars are parked past Chestnut Terrace many times after 6:30 p.m. Neil Worlikar, 1927 Jordan Terrace, does not agree with the traffic study. Private roads are issues with snow removal. He would like to see more playground equipment. He referred to the Lake County website regarding traffic accident data. He stated that there is a lot of pass through traffic as well as resident traffic. The School Board plans a $25 million dollar expansion project. He would like to see the where the data on Millennials is coming from. Ilene Shapiro, 63 Chestnut Terrace, is concerned about the density impact on public safety and crime. She asked if there is a plan to add more police officers. A resident on Jordan Terrace is concerned about the density. People come to Buffalo Grove for the schools. He would like to see more reliable data presented. The townhomes are not fit for this community. He suggested to build a church instead. Eli Sasson, 24 Chestnut Court W, has lived here for 12 years. He moved here, just like many, for the schools. He believes the information provided is wrong with regards to the forecasts for the schools, traffic and associates dues. He believes that students generated will be more like 400, not 85. This can be a very profitable project if the homes were 2,500 to 2,700 square feet. This project will kill the community. Traffic is already an issue. 120 single family homes is a reasonable number of units. Packet Pg. 160 04/19/2017 6.A.r John Dahlen, 160 Ironwood Court, has lived here 19 years. He backs up to the Arboretum. He has the same concerns as everyone else. He is concerned about his property values. He just inherited a unit at the corner of Brandywyn Lane and Buffalo Grove Road. He suggested adding more chairs for the next public hearing. An audience member is also concerned with traffic. People drive very fast. He was involved in an accident on Prairie Road. Keith Donaldson is bothered by the study indicating 7 years as the average time people have owned their townhomes. He would like to see how many residents have lived in their homes 12 to 15 years. There is nothing to walk to in the area. People are leaving Buffalo Grove because of the property taxes. The taxes will keep people from retiring in Buffalo Grove. Kathy Arvanitakis, 401 English Oak Terrace, is concerned that the retention area at the corner will be lost. Trees will be cut down. Several areas have added tall grass like what is being proposed for the retention area and she does not like it. There were no additional questions or comments from the audience. There were no additional questions or comments from the Commissioners. Moved by Com. Lesser, seconded by Com. Moodhe, to Table the public hearing to the May 17, 2017 Planning & Zoning Commission regular meeting. RESULT: TABLED [UNANIMOUS] Next: 5/17/2017 12:00 AM AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein, Au Packet Pg. 161 6.A.s 07/19/2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JULY 19, 2017 Call to Order The meeting was called to order at 7:31 PM by Commissioner Eric Smith Regular Meeting Other Matters for Discussion Workshop to Review Various Plan Alternatives for the Proposed Link Crossing Subdivision (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Jim Truesdell, K Hovnanian Homes, explained that based on feedback after several workshops, two public hearings and a neighborhood meeting, they are presenting three concept plans to the Planning & Zoning Commission (PZC) with the anticipation of being provided guidance on which plan to move forward with. He reviewed the history of the project and highlighted the items that seemed to be concerns across the board, including the three-story townhomes and the desire for more park space. They also heard a lot of conflicting opinions. Based on the cumulative feedback, they have created three concept plans. KHov still prefers to the Original Cluster plan and would like to keep with that concept. After they receive feedback on the concepts presented, they will refine the project development plan and return for another public hearing. Mr. Kurensky reviewed the details of each of the three concept plans; the Original Cluster Design, the Revised Cluster Design; and the Traditional Design. He confirmed that the three-story townhomes have been removed for the project completely and replaced with two-story, rear -loading townhomes. In all three concepts, they kept the open space and bike path and added two acres to the park. He reviewed the differences between the three concept plans and highlighted that the Revised Cluster Design is Code compliant concerning street widths and right-of-way and would be public streets. In this design, there is less green space and less guest parking. The Original Cluster Plan maintians the original concept with private steets and more guest parking and green space. KHov has added sidealks to the Original Cluster design. The Traditional Plan removes the cul-de-sacs and additional guest parking, would feature publics steets, adds more single family homes, would not be maintenance -free for the single-family homes. Mr. Truesdell reviewed the breakdown of units for each concept plan. He also advised that the basin at the northwest corner would be maintained as open space. Com. Goldspiel believes that the lots are smaller than standard on the Traditional Plan. Mr. Truesdell explained that the homes would meet the setback requirements. Com. Goldspiel feels the Traditional Plan would work best for this property. His second choice would be the Revised Cluster Design. He asked that developer consider adding an option to allow for stair climbers in the homes that are not ranch to accommodate people that can no longer climber the stairs. Packet Pg. 162 07/19/2017 6.A.s Ch. Smith requested that it be explained the difference between public and private roads. Mr. Stilling advised that staff prefers the Original Cluster option with the cul de sacs being private roads and all other roads being public. Com. Lesser feels that the developer is headed in the right direction but the plans still contain too many townhomes compared to single family homes. He recommended that the lots be % acre lots and to add cluster homes in the southwest corner of the property. He does not like the concept of private roads. He would prefer to see the number of townhomes go down; the number of single family homes go up; and the roads be all public roads. Com. Cesario appreciates the changes to Section A (northwest corner). He personally prefers the cul de sacs, but professionally would prefer the Traditional. If the developer moves forward with the Cluster design, he would prefer the Original Cluster design. However, the Traditional design eliminates most of the concerns held by the PZC. He would like to see more ranch -style models offered. Also the Traditional Design would be easier to maintain. Com. Au also appreciates the cul de sacs and having private roads. SHe feels that private compnaies do often times a better job of of snow removel and open space maitnence (within the cul-de-sac) than the Village .She would prefer the Original Cluster design. Com. Moodhe asked about design restrictions on the cul de sac lots on the Original Cluster design. Mr. Truesdell advised that some of the lots would but most of the lots would comply. Com. Moodhe asked if the homes would be larger on the Revised Cluster plan. Mr. Truesdell replied that the lots with side -loading garages would be larger. Com. Moodhe asked about the differences in the two Cluster designs. Mr. Isherwood responded that they would prefer to move forward with the Original Cluster design. Com. Moodhe confirmed that the Association would maintain the green space in the cul de sacs in additional to maintaining the entire site. Com. Moodhe believes that the single family homes in the southeast corner of the property seem orphanrf. He asked if there would be separate associations for the single family homes and the townhomes. Mr. Isherwood confirmed the separate associations and added that there would be a master association for the entire property. He also responded that the single family homes in the southeast corner abut single family residential and they placed those single family homes there to match what exists to the east. Com. Moodhe asked if there would still be an access point off Buffalo Grove Road. Mr. Isherwood advised there would be a future access point. Com. Moodhe recommended a second access point for the townhomes off Brandywyn Lane. Mr. Stilling advised that the Village still needs to vet any future access point to Buffalo Grove Road with the County and will also need to re -confirm emergency vehicle access under the new proposed designs. Com. Moodhe would prefer the Original Cluster design. Packet Pg. 163 07/19/2017 6.A.s Com. Khan also appreciates cul de sacs. Snow removal is not much of an issue in a cul de sac. He asked if there will be a grass island in the cul de sacs. Mr. Truesdell confirmed there would be a grass island. Com. Khan asked how big the grass island would be. Mr. Stilling responded that it would be about the same size Com. Khan has in his cul de sac. Com. Khan asked if the revised Cluster plan meets Village requirements. Mr. Kurensky advised that the Revised Cluster plan does meet Village standards. Mr. Stilling added that the Village would prefer the cul de sacs to be private and maintained by the Association. Com. Khan confirmed with Mr. Truesdell that the Revised Cluster plan also meets Village standards. Com. Weinstein would like to see more single family homes and less townhomes. He is leaning towards the original Cluster design. There were no additional questions from the Commissioners at this time. Kathy Arvanitakis, 401 English Oak Terrace, thanked the developer for eliminating the three-story townhomes and maintaining the detention at the northwest corner of the property. She is still concerned with the number of townhomes and proposed density of the project. She would like to see what the proposed townhomes will look like since they still seem large. Mr. Isherwood displayed the slide that shows the appearance of the townhomes. Ms. Arvanitakis still thinks they will be large buildings. Eli Sasson, 24 Chestnut Court West, believes that the issue of access to Buffalo Grove Road has not been addressed. He recommended reducing the number of units without access. He continues to have traffic concerns and wants the size of the roads increased. He also wants any construction traffic to use Aptakisic Road. Jeff Braiman, 26 Canterbury Lane, confirmed that the three plans are just concept plans. However, his concerns remain the same. The Comprehensive Plan calls for larger lots. The development should be all single family detached. The Comprehensive Plan indicates that any development should be 113 attached and 213 detached. This plan is the opposite. Each of the proposed plans has over 100 townhome units compared to approximately 60 single family units, which is too much. He requested a list be provided detailing the variation requests. Ms. Arvanitakis added that the revised proposals are still too dense. The townhomes look the same and it will look like a block of the same unit. She recommended mixing the single family cluster homes with the townhomes more and to reduce the total number of townhomes. Michael Lessner, 156 Ironwood Court, agrees with Mr. Braiman in that the proposals do not fit within the Comprehensive Plan. He asked to look at other access points along Brandywyn Lane. He is concerned about the impact on the development to the east. He continues to have traffic concerns. He believes the park should be developed and not just the land dedicated. He does not believe that the townhomes would create a sense of community. Packet Pg. 164 07/19/2017 6.A.s Al Murillo, 197 Hoffmann Drive, believes that the revised plans are an improvement but would prefer for the Park District to develop the additional park space and not the developer. The density still needs to be improved. He does not believe that the project is limited to the three options. There were no changes to the townhomes, except eliminating the three-story townhomes. There should be more single family homes. Currently the plan only has access to the development from the north and the east. He recommended reconfiguring the ballpark to the west and having an access point line up with the ballpark entrance. Kyle Olson, 738 Aspen Drive, believes that the three new options do not address the density concern. Most people want between 80-120 single family homes on this site. There was not much done with access to the development. He would like to see the property developed according to the Comprehensive Plan with 120 single family homes. He also prefers the Traditional design. A resident of Arlington Heights explained that he has experience in homeowner associations. Villages love private roads that are maintained by associations. But those roads may not be constructed to Village standards. The proposed homeowner association structure does not always work. There could be a lot conflicts between the different associations. The Traditional Design could still have an association for basic maintenance. Mike Garfield, 2118 Jordan Terrace, doesn't know anyone is his age group looking to downsize that would move to Lake County Buffalo Grove due to the property taxes. This development would attract families. Sammy Squire, 327 Satinwood Court South, noted that there is no guest parking for the townhomes and not enough resident parking. She suggested limited the number of townhome buildings along Brandywyn Lane. There were no additional questions or comments from the audience. Mr. Freeman asked the PZC for direction on which revised plan they should focus on to move forward with. Com. Moodhe would like to hear from the developer on addressing the concerns. Mr. Isherwood explained that it was not feasible to change the site access along Brandywyn Lane. They have followed the direction of the published traffic study reports. The financial impact of the project would benefit the Village and schools. They are not willing to move forward with a 120 single family home plan and found that plan would have a net negative impact on both the Village and the schools. Any plan they move forward with will be similar to the three options presented. They prefer the Original Cluster design. Packet Pg. 165 07/19/2017 6.A.s Com. Cohn does not agree on the financial impact and believes that the project as proposed would generate more children. Mr. Isherwood responded that the formula's used to calculate the number of children that would be generated are accurate. Com. Cohn would like representatives from the schools and the park district to participate in the next public hearing. He also believes that 120 single family homes, or at least a reduction in the number of townhomes to 113, would be appropriate. He hasn't seen a plan for that yet. Com. Cesario summarized what he believes is the direction based on the comments; the Original Cluster plan with larger lots, less townhomes and more single family homes. Com. Au agrees with Com. Cesario's summary. Com. Moodhe also agrees with Com. Cesario's summary. He likes the Original Cluster plan for the aesthetics. He is happy with the open space. He noted that the Park District controls how the park property will be developed. Com. Lesser wants to see the roads as public roads. He would prefer the 120 single family homes but a small number of townhomes would be acceptable. Increase the size of the single family lots. Mix the Clusters with the Traditional. Com. Cohn agrees with Com. Lesser and cannot accept 213 townhomes to 113 single family homes. His preference is 0 townhomes to 120 single-family homes Com. Goldspiel feels the single family homes are very attractive. They are smaller lots but not too small. He would prefer R4 or R5 zoning for the lot sizes as they are more popular. He believes that associations are expensive. He likes the townhome design. The number could be reduced but does not have to be. He would like the development to be more affordable and to reduce the association costs. The revised plans are an improvement. He likes the Clusters and townhomes but some Traditional could be mixed in as well. It is very important to make this development affordable. Com. Khan stated that the number of single family homes has gone down significantly but the number of townhomes remained the same. He would like the development to be 213 single family homes and 113 townhomes. He is in favor of public streets versus private streets. Associations are not able to manage the maintenance of streets whereas the Village has the knowledge and the manpower. Mr. Stilling advised that even private roads are built to Village standards. Ch. Smith likes the Original Cluster design but would like to see the density reduced. Packet Pg. 166 07/19/2017 6.A.s Mr. Isherwood would like to explore an alternate cul de sac that would be acceptable to the Village. Mr. Kurensky added that they could possibly decrease the public right-of-way and increase the pavement to maintain the radius. As private streets, the association would plow the driveways and streets at the same time. Mr. Truesdell briefly discussed some additional alternative plans. Packet Pg. 167 6.A.t 12/6/2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, DECEMBER 6, 2017 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Public Hearings/Items For Consideration Petition to the Village of Buffalo Grove for Consideration of an Annexation, Pursuant to the Terms and Conditions of an Annexation Agreement, with a Zoning to the R6A One - Family Residential District and R9 Multiple -Family District Along with a Special Use for a Residential Planned Unit Development and Approval of a Plat of Subdivision and Preliminary Plan with Variations for the Property at 16802 W Aptakisic Road (Link Farm) (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Mr. James Truesdell, K Hovanian Homes; Mr. Lawrence Freedman, Attorney, Mr. Jon Isherwood, K Hovanian Homes; Javier Millan, KLOA; Steven Kaminski, Mackie Consultants; Zoran Milutinovic, Kane, McKenna and Associates; and Mark Kurensky, HKM Architects & Planners; were present and sworn in. Mr. Truesdell explained that K Hovanian has requested to proceed with the project with the clustered plan. The latest plan maintains the original intent of the project while reducing the overall unit count from a total of 214 units to 192 units. This is a 13.5% reduction. The plan includes 59 clustered SF detached homes and 133 2-story townhomes with an overall gross density of 3.84 units/acre. The streets will be public streets, except for the alleys that serve the proposed townhomes. They have now provided the sidewalks in the cul de sacs to complement the rest of the sidewalks in the development. They added additional quest parking and have maintained open green space. They have eliminated the proposed three-story townhomes all together. They have agreed to take ownership of and maintain the detention pond and will maintain it in its current condition. They have agreed to pay almost double the financial impacts to School District 102. He also reviewed the proposed landscape plan. The proposed plan provides connectivity to future site development. He reviewed the correspondence from the Lake County Department of Transportation, which does not want to allow direct access to Buffalo Grove Road. However, Lake County DOT will consider a future access point at Churchill Park dependent upon the development of the property to the south. He discussed access points along Brandywyn Lane and Meridian Way and again discussed possible future access points along Aptakisic Road and Buffalo Grove Road. He reviewed the differences in the traffic impact from the previously proposed plans to this current proposed plan. He reviewed the street and sidewalk plans. He explained that the proposed architectural elevations have stayed the same. He quickly reviewed the proposed elevations for the single family detached models and the two-story townhomes. The end units of the townhomes would have first floor masters while the interior units would have second floor masters. He explained that this proposed development does meet many of the goals and objectives of the 2009 Comprehensive Plan. The development would continue to be 100% maintenance -free. He explained that they did look at other alternative plans and that they had various plans developed, including 100 single family homes and 50 townhomes. They analyzed each plan and decided to move forward with the proposed plan. Based on the calculations, the alternative plan of more single family homes would have added more school children to the school districts and generate less property tax revenue. Also more maintenance would have been required by the Village for the public right-of-ways. The alternative plan would be more detrimental to both the school districts and the Village financially. The annual impact of the proposed Packet Pg. 168 12/6/2017 6.A.t 192 SFD unit development would be positive by approximately $150,000. Over ten years, that would be an additional $1.5 million dollars to the School District 102. Based on the formulas, School District 125 would have a similar positive impact. The Estimated Development -Generated Traffic Volumes Tables were reviewed. Mr. Truesdell concluded that K Hovanian has worked hard to develop a plan that works and addresses the concerns of the school impacts, traffic and density. They believe this is the best plan for the community and asked for a favorable vote. Com. Goldspiel asked Mr. Truesdell to address the proposed variations. Mr. Truesdell explained that the single family detached homes best meet the R6A zoning requirements. However, they need to request setback and right-of-way variations. The cul de sacs meet the turning radius requirements. They are asking for a 20 foot front yard setback. The covered front porches would extend out six (6) feet from the house for both the single family attached and detached units. They would also need side yard setback variations for the single family detached homes. Com. Goldspiel asked how many lots would be less than the required 6,600 square foot lot size. Mr. Truesdell did not have the number available but will get it. He added that they are proposing the single family clusters to keep the development maintenance -free. Com. Goldspiel asked about the 5 foot setback reduction on the ranch models. Mr. Truesdell explained that the ranches are deeper and include the first floor master. They will be marketing the project to people that are not looking for large yards and want maintenance -free living. He advised that the number of lots that would be less than the required minimum lot size is 17. They had provided additional ranch style homes based on previous Planning & Zoning Commission (PZC) feedback. Com. Goldspiel advised that the R6A Zoning Districts were not intended for new developments, they were created to allow existing properties to conform to current zoning district designations. He is concerned about the proposed required yard reductions. A 14 foot setback is desirable for safety reasons. Mr. Truesdell responded that the proposed setbacks are safe and will not create building code or life safety issues. The proposed development would be a Planned Unit Development (PUD). They chose R6A zoning because it was the closest fit. The development would be maintenance -free and there will be Covenants, Conditions and Restrictions (CCR's). This is different than the old R6A zoning districts. Com. Goldspiel asked if there are any other areas in Buffalo Grove that are zoned R6A. Mr. Stilling advised that page 18 of the Packet describes the surrounding developments and their density. He added that there would be a buffer of 20 to 25 feet of open area around the lots. Mr. Truesdell advised that they could remove the buffer and increase the lot sizes. However, they wanted to make more open, public space for the community. A PUD is a Special Use and they chose the closest zoning. Com. Goldspiel believes that the proposed plan is greatly improved. Com. Au asked staff about the economic impact reports and if they have been verified to be correct. Mr. Stilling responded yes, K Hovanian had worked with the school districts to ensure accuracy. Mr. Truesdell confirmed that they worked very closely with the school districts to verify accuracy. Com. Lesser understands that they are promoting the development to be age -targeted. However, K Hovanian had stuck to the original thesis. Some changes were made and some were not. He asked if, by design, they are suggested to be age -restricted. Mr. Truesdell responded that theywil/ market to appeal to empty nesters but will not be age - restricted. Com. Lesser asked if Mr. Truesdell believes that this development will appeal to empty nesters. Mr. Truesdell responded yes. He added that there will be some families that prefer this type of housing. Com. Lesser asked if the fiscal and traffic impact studies were calculated based on empty nesters. Mr. Truesdell responded no, the fiscal impact Packet Pg. 169 12/6/2017 6.A.t numbers were based on State/Village standards. Com. Lesser asked for an explanation of Tables 2 & 3 and the Daily Two -Way Traffic calculations regarding the traffic impacts. Mr. Javier Millan from KLOA, Inc., explained that the calculations for the tables were based on hundreds of surveys of many different developments and based on the number of occupants. Com. Lesser said that the numbers indicated that there would be fewer occupants in the townhomes compared to the single family homes. He is troubled by the development. Direction was given to where the project should go. To date, the PZC has not seen that. Mr. Truesdell explained that they put together many different plans. They developed a plan that best addresses the major concerns. They feel very strongly that this is the right product for this location. The market has changed since the Comprehensive Plan was updated in 200812009. They chose what they feel is the best plan. Com. Lesser advised that he would have liked to have seen a mix of 113 single family attached and 213 single family detached. Mr. Truesdell advised that they did take a look at that and did not feel that it was the right fit. Com. Moodhe asked if the rear yard setback reduction would be applied to all the ranches. Mr. Truesdell responded yes, but the reduction may not be necessary for all of them. Many lots will back up to a common, open area. Com. Moodhe asked if the ranch homes would be restricted to specific lots. Mr. Truesdell advised that the L-shaped ranches would be restricted to specific lots. Com. Moodhe asked if they are asking for a blanket variance. Mr. Truesdell responded yes, but that not all lots will be ranches. Com. Moodhe talked about the 20 foot buffer along Meridian Way. If the buffer was removed, a variation would not be needed. Mr. Stilling advised that to add to the cul de sacs they had to push the other lots back. Mr. Truesdell stated that they can work with Village staff to limit models to certain lots. Com. Moodhe asked if the CCR's have been developed yet. Mr. Truesdell explained that the CCR's have not yet been developed. Com. Moodhe asked if fences would be allowed. Mr. Truesdell stated that perimeter fencing will not be allowed. However, they will allow for privacy fencing around the patios. Com. Moodhe asked if the fence restriction would preclude people with pets. Mr. Stilling advised that the CCR's will be developed to allow the fencing around the patios to include owners that have pets. Com. Moodhe asked about the streets on the south end of the development. Mr. Stilling explained that the two out lots on the south end would be owned and maintained by the HOA and be conveyed to the Village at a later date when there is future development on the land to the south. A deed restriction would be imposed to require the homeowners along the south end of the property to acknowledge that they are aware of the out lots. Even though the Village is not sure what could happen with the property to the south, the Village wants the ability to have future access through to that property. Com. Moodhe noted that the townhomes in the southwest corner of the property have no guest parking available. Mr. Truesdell advised that the townhomes in the southwest corner could have potential street parking for guests. He also advised that they could add guest parking to the out lots. Mr. Stilling explained that there was a method on how the plan was laid out. There could be potential guest parking on the out lots knowing that there could be on -street parking in the future. Ch. Cesario confirmed with Mr. Stilling that page 24, item O of the Packet reads correctly that on -street parking in the cul de sacs and streets shall be prohibited. Com. Khan stated that Tables 1, 2 and 3 in the Estimated Traffic Volumes is pretty accurate most of the time. There is not much difference between Tables 2 and 3. Mr. Millan stated that is correct. The difference is minimal. Com. Khan stated that the difference in Table 3 could be less if the development is targeted to people 55 years of age and older. Mr. Millan agrees. Com. Khan asked Mr. Truesdell what the annual budget for School District 102 is. Mr. Stilling responded that it is about $38 million. Com Khan stated that $121,000less would be a drop in the bucket. Mr. Stilling advised that Packet Pg. 170 12/6/2017 6.A.t staff has spoken with District 102 and they are concerned about approving a project that would have a negative financial impact on the District. $121,000 a year is a major impact. School District 102 was very concerned about having a negative impact. Com. Khan asked about the street and public versus private streets. Some of the service drives will continue to be private. He thought the private streets were eliminated. Mr. Truesdell explained that the service alleys for the townhomes would remain private. All other streets, including the cul de sacs, would be public streets. Com. Khan asked about the Comprehensive Plan and where the proposed single family attached dwellings meet the intent of the Plan. Mr. Truesdell advised that the number of total housing units has been brought down to fewer than 4 units per acre and the development meets the Comprehensive Plan's housing goals He also advised that the developed plan meets the 2016 Economic Strategic Plan by providng the community with a diverse housing mix and this development in particular provides density and pedestrian orientation, which is unquie to the Village. Based upon the Economic Strategic Plan and current market trends, the proposed development plan meets the needs of the community. Com. Lesser asked about the fiscal impact to the school district. Mr. Truesdell explained that the proposed 192 unit plan would provide a surplus to the school district of $182,000. The 150 unit, mostly single family detached, plan would be an annual deficit to the school district. Com. Lesser confirmed that based on the Estimated Development -Generated Traffic Volumes the original plan would generate an increase of 1,640 daily two way traffic and the 150 unit plan, which consists of 100 single family detached homes, would reduce the daily two way traffic from the original plan by 248. Mr. Truesdell stated that is correct. Com. Goldspiel asked about the open space and for the character of the open space to be described. Mr. Kurensky advised that the proposed open space and proposed landscaping has not changed. There would be detention with a combination of wet and dry land. The dry land and grassy areas would be located closer to the bike paths and homes. It would look like mowed lawns. The wet areas would be a more naturalized look Com. Goldspiel asked if the open space could be used for recreation. Mr. Kurensky responded yes. It would be a public access bike path system. They would be dedicating land to the Park District and installing the path and bridge with cut outs in numerous areas. The cut out areas could be used for art display by the Park District or for leisure. There were no additional questions or comments from the Commissioners at this time Ch. Cesario entered the Staff Report dated December 6, 2017 as Exhibit 1, the Lake County correspondence dated December 1, 2017 as Exhibit 2, and the Traffic Volume study as Exhibit 3. Ch. Cesario entertained questions and comments from the audience. Multiple people in the audience stood to speak. Ch. Cesario swore them in. Mike Garfield, 2118 Jordan Terrace, believes that something does not smell right. The developer is age -targeting. There would be no children and no playsets. How can you have a development that is targeted to empty nesters have an impact on the schools. Buffalo Grove should not be intimidated by the school districts. You can make data say whatever you want it to say. They have not made any significant changes to the plan. The current plan is not 213 single family detached and 113 single family attached. It essentially is the same plan. Packet Pg. 171 12/6/2017 6.A.t Samara Squire, 327 Satinwood Court S, disagrees with the 6 unit townhomes. They do not fit with the other developments in the area. She agrees with Mr. Garfield. The proposed housing units are 3 and 4 bedrooms. Empty nesters will not go for 3 bedroom units. Empty nesters will not pay the housing cost and taxes if they are looking to downsize. She would like to see the 100 single family detached unit plan. She asked if the number of 3 and 4 bedroom units will be limited in number. She wants to see landscaping along the south line of the property. Currently there are no trees proposed along the south property line. She wants to see trees. She still believes that traffic on Brandywyn Lane will be excessive. Traffic will be blocked. Overnight parking is a big concern. In her CCR's, owners are not allowed to use the guest parking spaces. There is not enough guest parking to accommodate 3 and 4 bedroom units. Adam Kann, 1906 Jordan Terrace, explained that his mother is an empty nester and she has more people over to her house than he does. Most empty nesters are 2 people. No on -street parking will be an issue. He feels like every time the proposed plan is too dense. Jeff Braiman, 26 Canterbury Lane, advised that all of his previous comments still apply. He agrees there is a lack of street parking, which could be very dangerous. He is not sure if there are sufficient sidewalks. The cu/ de sacs do not integrate into the community. He also agrees with Mr. Garfield. A senior -only development would have no negative impact on the schools. He has an issue with the proposed R6A zoning. The developments to the south and east are zoned R3, which are much larger lots. R6A are the smallest lots. He would insist on the property being developed similar to the surrounding area. The 1989 Comprehensive Plan originally had the proposed zoning of RE, which are the largest lots allowed. Then the Plan changed the proposed zoning to R3 with single family detached homes on large lots. It is important to do this project right. The property to the south will be impacted by this project. The Comprehensive Plan called for 70% single family detached and 30 % single family attached. Look at the surrounding area. He asked for the PZC to vote to not recommend this proposal to the Village Board. Jennifer Murillo, 197 Hoffman Drive, asked the PZC to look at the Comprehensive Plan. She is concerned with the proposed density. The numbers are based on the total acreage, not the buildable acreage. She is concerned about the traffic. She is concerned about who the potential buyers would be. Marketed buyers and actual buyers may differ. The attractiveness of the Blue Ribbon schools will also impact the area. She believes a lot of children will come in. Two neighbors have moved out of the area because their children have finished school. She is concerned about the street parking, the layout and the lack of consistency with the surrounding area. She is concerned about the home values in the area. She would like to see the 100150 plan or a similar plan. Julie Lefar, 2038 Jordan Terrace, believes that market research shows that these types of units are not attractive to a move -down buyer. She is concerned about the traffic that would be generated. With the proposed federal tax overhaul, property tax deductions would be limited to $10,000.00. She is concerned with the townhomes. Some of the buildings are 7 units. She asked what the length of a 7 unit building is. Mr. Truesdell responded that the 7 unit buildings would be approximately 170 feet in length. Ms. Lefar asked where there are 7 unit townhome buildings in Buffalo Grove. Packet Pg. 172 12/6/2017 6.A.t Kris Donaldson, 89 Chestnut Terrace, lives at the corner of Brandywyn Lane and Chestnut Terrace. The land is currently elevated. Will the land remain elevated? What will be located behind these homes? She does not want to look at windows. She is also concerned with the safety of children crossing Brandywyn Lane. She asked if the sidewalk would end at the property on Buffalo Grove Road. She is disappointed that nothing in the proposed plan has really changed. Lawrence Gluskin, 623 Raintree Road, is an empty nester and is in the process of looking for a move down unit. A large amount of people are looking for 3 and 4 bedroom ranches. Many people are fleeing to Vernon Hills, Glenview, Waukegan and Northbrook looking for this type of housing product. He asked the PZC to try an accommodate people looking for this type of housing. Com. Cohn asked Mr. Gluskin if this project was 213 single family detached would it still serve his needs. Mr. Gluskin said it could. He likes the open space. It is attractive and in an ideal location. Maintenance -free ranch homes are important to him. Kyle Olson, 738 Aspen Drive, agrees with most of the public comments. Nothing has really changed except a very small reduction. Pursuant to the Comprehensive Plan, there should be a 62% reduction in density. This plan would not have that much of a positive fiscal impact for the schools. He asked why the only formulas being looked at to determine the school impacts are from 1996. It has been mentioned that some fiscal accommodation has been made with District 102 for the number of students but he has never seen the actual numbers. You can manipulate the numbers to make it look worse for the 100150 unit plan. If you reduce the number of single family detached units to 70, they will save $378K with $142K of that going to District 102. He does not believe the calculations. The surrounding developments are zoned R3, this is proposed to be R6A. He likes the cluster look but still thinks it is too dense. He likes the proposed setbacks because he likes open space. He was impressed with the process of the Lake Cook Corridor project and believes that the Village should allow for more public input of the future development of this site. Roberta Young, 50 Carlyle Lane, stated that this is not Waukegan and not the Glen. She agrees with the other public comments. With the current tax situation most owners are looking at a $3,000 increase in their property taxes. People will not give money away to downsize. Taxes are a problem in Buffalo Grove. She does not see this project being marketed for empty nesters. Janet Preston, 403 English Oak Terrace, said that the townhomes have never been addressed. She has not seen any big changes in the single family attached, only changes in the single family detached. The townhomes will bring more children. She thought the Didier property would be developed with 80 to 90 single family detached homes. The view from Buffalo Grove Road will be massive townhomes. She does not feel this project fits with the surrounding area. This is a residential area. She believes that developer is trying to make more money because they paid too much for the property. Kathy Arvanitakis, 401 English Oak Terrace, agrees with the public comments. She is surprised that no changes have been made to the proposed development. She believes that the Developer is trying to wear down the residents to get what they want. She wants to see a single family detached plan. She believes the proposed homes are ridiculous, over -sized buildings. Packet Pg. 173 12/6/2017 6.A.t Eric Brehm, 191 Hoffman Drive, advised that most of his son's friends live in single family attached homes and that the townhomes will generate more density and traffic. Com. Au asked Mr. Truesdell if they had modeled any less dense plans for the property. Mr. Truesdell stated that they did prepare a 50150 plan but they ruled that out because it did not create a very good layout. They feel the proposed plan fits the area and the property. Mr. Truesdell added that they submitted full fiscal impact reports. They used accepted formulas to generate the reports. They verified that the reports were accurate. They worked with District 102. The projections could vary over time. However, they used the best numbers they could. The proposed townhome buildings would be 4 to 7 units, which is not unusual. The garages would be located at the back of the buildings, which is different from what people are used to seeing. They worked on the elevations to make the buildings more attractive. They are marketing the homes to empty nesters but will not include an age restriction. They have a full landscape plan for both the single family attached and detached homes. They believe they have sufficient guest parking. They have added guest parking in the cul de sacs. He is not sure about the concern for lack of sidewalks. They tied the streets, sidewalks and bike paths together. He is comfortable with the proposed lot sizes and does not want this development to be like everything around it. There are a lot of existing homes on the market that fall under the R3 zoning. They are investing a great deal in this property. The traffic studies did not come from the 1970's and 1980's. They are from the 1970's to current. The development will not be for every move down buyer. Their business is to build and sell homes that are marketable. They have no control over the property taxes. Mr. Stilling added that the fiscal analysis was developed with District 102. A 100150 plan actually creates higher counts. Mr. Isherwood advised that K Hovanian worked with District 102 and the fiscal analysis was confirmed to be accurate, if not overstated, by District 102. Demand for ranch -style, maintenance -free homes is desired. If they were to develop a plan of non -maintenance free, the number of 4 bedroom units would increase. Those numbers are based on current market data and trends. Mr. Millan added that the traffic projections are compared to the average daily traffic counts, including evening peak hours. He reviewed the average number of trips per day for both the single family attached and detached homes and the morning and evening peak hours. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. The public hearing was closed at 10:09 PM. Moved by Com. Weinstein, seconded by Com. Khan, to recommend to the Village Board to approve the zoning to the R6A One -Family Residential District and R9 Multiple -Family District along with a special use for a Residential Planned Unit Development and Packet Pg. 174 12/6/2017 6.A.t approval of a Plat of Subdivision and Preliminary Plan with variations, subject to the following conditions: 1. The Developer shall enter into an annexation agreement in a form and manner acceptable to the Village. Said agreement shall incorporate the following additional conditions: a. The proposed development shall substantially conform to the plans submitted as part of this petition. b. The Developer shall make the necessary land donation and improvements to the surrounding development in accordance to the draft plans attached and as approved by the Buffalo Grove Park District. Any remaining land donation contributions as required by Title 19 of Village Code shall be paid at time for building permits. C. The Developer shall pay a cash contribution to School District 102 in accordance to their letter/proposal to District 102 dated April 3, 2017. d. The Developer shall pay an annexation fee of $1500 per residential unit. e. The Village shall convey and the Developer shall accept the existing Village owned detention pond located at the southeast corner of Brandywyn and Buffalo Grove Road. All future maintenance responsibilities of this pond shall be borne by the future HOA. f. Final architectural plans and elevations (including colors and materials) shall be revised in a manner acceptable to the Village. Prior to the issuance of the first building permit for a residential unit/building, the developer shall prepare and submit a final architectural package that shall be reviewed and approved by the Village. Said approval may require a meeting by the PZC. g. All building elevations (detached and attached) that abut existing/future ROWS and private streets shall include foundation landscaping and additional architectural treatments in a manner acceptable to the Village. h. Draft CCR's shall be submitted in a manner acceptable to Village. All landscaping embellishments (arbors, trellises, fences, etc.) shall be standardized with 1 option and incorporated into the CCR's. i. The Declarations shall indicate that certain private streets and/or cul-de-sacs will remain private with the maintenance responsibility of the association in a manner acceptable to the Village. j. The final plat of subdivision shall be revised in a manner acceptable to the Village. The future right-of-way (ROW) at the southernmost terminus of Street G and Street 1 shall be identified as out lots. At the request of the Village, these out lots shall be conveyed to the Village for future ROW. All future and subsequent homeowners shall sign a disclosure acknowledging that these out lots will become a future public road. A sign shall also be posted on the property, in a form and manner acceptable to the Village, indicating that this area will be future ROW. k. Turning radii throughout the development shall be revised in a manner acceptable to the Village. This may require the need to limit on -street parking in a manner acceptable to the Village. 1. Final engineering shall be revised in a manner acceptable to the Village. M. The final landscape plan shall be revised in a manner acceptable to the Village. n. All medians and islands located in public ROW shall be identified as out lots and shall be the ownership and maintenance responsibility of the HOA. o. On -street parking in the cul-de-sacs and streets shall be prohibited. Packet Pg. 175 12/6/2017 6.A.t p. Setbacks for all units shall be in accordance to the approved site plan. q. An emergency access to Buffalo Grove Road shall be provided in a manner acceptable to the Village. This shall include an additional emergency access to Buffalo Grove Road from Street J and from Street I. Ch. Cesario stated that he has heard the development should comply with the 2009 Comprehensive Plan. He has heard about the taxes. If large, single family homes are constructed, they will have large taxes. What is being presented addresses the issues based on the market trends. If large homes, with large tax bills, are constructed on this site, will the homes sell? He has to consider the need to diversify the housing stock. He believes this development will help the Village. Com. Goldspiel stated that he is disappointed in the plan presented. The PZC gave feedback which was ignored. The proposed plan is too dense and should be R3 or R4 zoning. It should also be 213 single family detached housing with more townhomes eliminated. The public does not support the project as proposed. He wanted K Hovanian to listen to what the PZC and public have said. He believes that K Hovanian should demonstrate their anticipation of the project appealing to empty nesters by making the development age -restrictive. He cannot support the project as proposed. Com. Au agrees with most of what Ch. Cesario had stated. She disagrees with Com. Lesser. The people who do support the project are probably not in attendance. The only changes made to this plan were some added sidewalks and open space. She would like to have seen a 50150 plan, or at least a compromise. She supports the project but would have liked to have seen more concessions made based upon the public comments. Com. Cohn believes that the project is a major departure from the Comprehensive Plan. It is incompatible with the surrounding area. Homes that meet the R3 and R4 zoning do sell. He does not agree that the project will appeal only to empty nesters. He agrees that the development should be marketed appropriately. This type of development does not allow people to put down their roots in a community. The proposed development plan has not changed in the 2 years since it first came before the PZC. There was only one witness in support of the proposed development. He cannot support the project as proposed. Com. Goldspiel supports the comments of Com. Cohn and Com. Lesser. This is mostly a plan with single family attached homes. The plan should be developed with R6 zoning, not R6A. He has concerns about the parking. The proposed homes need not be 3,500 square feet or larger. 1, 800 square foot homes would be a better fit. The single family attached townhomes are too dense. He cannot see this project being successful. He opposes the plan as proposed. Com. Moodhe sees the need for maintenance -free housing. However the HOA fees and property taxes will preclude empty nesters from the development. Marketing to empty nesters is a weak point to hold onto. The plan has not really changed since the last plan presented, only the three-story townhomes were eliminated. He is disappointed. Com. Au stated that the housing market is changing. Something on the proposed plan would need to change to fit the Comprehensive Plan. Or maybe the Comprehensive Plan Packet Pg. 176 12/6/2017 6.A.t needs to change to accommodate the current market. The density of the single family attached needs to be lowered. She sees the need for the project on this property, but the plan still needs some changes. Com. Khan is torn between the development and the residents. He wants to see this project more forward but the existing residents could not foresee what the future development would be. The developer had reduced the number singe family detached homes to reduce the overall density. Progress toward an acceptable project has been slow. The plan still needs tweaking. He cannot support the plan as proposed. RESULT: RECOMMENDATION TO NOT APPROVE [2 TO 6] Next: 1/22/2018 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner AYES: Frank Cesario, Mitchell Weinstein NAYS: Moodhe, Cohn, Goldspiel, Khan, Lesser, Au Packet Pg. 177 8.A Resolution No. R-2018-1 : Resolution Revising the Procurement Policy ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. SUMMARY: Staff recommends approval of a resolution adopting the revisions to the Procurement Policy in order to comply with IDOT's new requirements. ATTACHMENTS: • QBS Procurement revisions (DOCX) • Local Roads and Streets Manual Memorandum (PDF) • Resolution —Approving Procurement Policy (DOC) • Procurement Policy_2018 (PDF) Trustee Liaison Johnson Monday, January 22, 2018 Staff Contact Brett Robinson, Finance Updated: 1/17/2018 9:54 AM Page 1 Packet Pg. 178 8.A.a A1, L AGE )F MEMORANDUM DATE: January 18, 2018 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager SUBJECT: IDOT Bureau of Local Roads and Streets (BLRS) Policy Manual Rewrite Background Information On November 29, 2017, IDOT announced a revision of their BLRS policy manual that went into effect immediately. The change now requires that any local public agency that is utilizing federal funds for a project involving professional services must have their Qualifications -Based Selection (QBS) bidding process in writing. Simply citing Chapter 5 of the BLRS Policy Manual is no longer sufficient. The November 29 IDOT Procedure Memorandum is attached for reference. Staff has incorporated the QBS procedures, as required in Chapter 5 of the Bureau of Local Roads and Streets Policy, as Appendix M to the Buffalo Grove Procurement Policy. Recommendation Staff recommends approval of a resolution adopting the revisions to the Procurement Policy in order to comply with IDOT's new requirements. Packet Pg. 179 8.A.b Illinois Department of Transportation 2300 South Dirksen Parkway 1 Springfield, Illinois 162764 BLRS PROCEDURE MEMORANDUM NUMBER: PM2017-02 SUBJECT: BLRS POLICY MANUAL REWRITE - CHAPTER 5 ISSUED DATE: November 29, 2017 EFFECTIVE DATE: November 29, 2017 This memorandum replaces Chapter 5 of the Bureau of Local Roads & Streets Policy Manual. The Department has further revised Chapter 5 of the Bureau of Local Roads & Streets (BLRS) Policy Manual with regard to Procurement, Management, and Administration of Engineering and Design Related Services, commonly known as Qualification Based Selection (QBS). The revisions to Chapter 5 explain the specific requirements which must be followed when local public agencies are using federal funds to procure professional services. The most significant change since the June 1, 2017 revision to Chapter 5 includes the requirement for each local public agency using federal funding for professional services to have their QBS procedures in writing. Simply referencing Chapter 5 of the BLRS Policy Manual is not an acceptable procedure. If the local public agency's written QBS procedures follow the guidance outlined in Chapter 5 of the BLRS Policy Manual, then individual approval of the procedures from IDOT is not required. However, if the local public agency's QBS procedures differ from the guidance outlined in Chapter 5 of the BLRS Policy Manual, then approval will be required from IDOT before the procedures may be used. In addition to the revisions for Chapter 5 of the BLRS Policy Manual, revisions were also made to BLR Form 05610 — Preliminary Engineering Services Agreement for Federal Participation and BLR Form 05611 — Construction Engineering Services Agreement for Federal Participation. These forms now include a QBS checklist (Exhibit C) to ensure the proper QBS procedures have been followed for the procurement of professional services with federal funding. Finally, revisions were made to Chapter 5 regarding the standard engineering services agreements. Section 5-5.08 now references three forms for standard engineering services agreements: BLR 05510, BLR 05520, and BLR 05530. These forms are in final development by the Department and will be released in the near future. X Packet Pg. 180 8.A.b PM2017-02 November 29, 2017 Page 2 of 2 Form BLR 05510 — Engineering Services Agreement, will consolidate and replace the following forms: 1. BLR 05510: Preliminary Engineering Services Agreement for Motor Fuel Tax Funds (11/06) 2. BLR 05511: Preliminary Engineering and Construction Guidance Agreement for MFT Funds (11/06) 3. BLR 05512: Preliminary/Construction Engineering Services Agreement for Motor Fuel Tax Funds (1/10/12) 4. BLR 05610: Preliminary Engineering Services Agreement for Federal Participation (11/21/13) 5. BLR 05611: Construction Engineering Services Agreement for Federal Participation (11/21/13) Form BLR 05520 — Maintenance Engineering to be Performed by a Consulting Engineer, will be revised but continue with the same name, number, and no consolidation with other forms. Form BLR 05530 — Request for Engineering Services Performed by Local Forces, will be a revision of the following form with no consolidation of other N forms: 1. BLR 05612: Request for Construction Engineering Services Performed by Local Agency Employees (3/30/10) Until BLR Forms 05510, 05520, and 05530 are released by the Department, local public agencies should continue to use the agreements in the numbered lists above. Please contact the BLRS Local Policy & Technology Unit, at DOT. Local Policy(c_illinois.gov with any questions. Maureen E. Kastl, P.E. Engineer of Local Roads and Streets TW/ Attachment Packet Pg. 181 8.A.c 1/22/2018 RESOLUTION NO.2018- A RESOLUTION APPROVING A VILLAGE PROCUREMENT POLICY WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. A responsibility exists to maintain stewardship over the financial resources that are used to deliver government services, and the approval of the revisions to the Village of Buffalo Grove Procurement Policy will maintain such controls in purchasing. Staff seeks to ensure proper usage and administration of the program through the approval of a Procurement Policy The Village President and Board of Trustees do hereby approve the Village of Buffalo Grove Procurement Policy which is attached hereto as Exhibit "A". o0 0 Section 2. This Resolution shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: 2018 APPROVED: 2018 Approved: ATTEST: Village Clerk Village President Packet Pg. 182 8.A.d U unan DeparUnent VILLAGE OF BUFFALO GROVE PROCUREMENT POLICY This policy is intended for use by Village Personnel as a general reference and will be revised as policies and procedures require revisions or clarification. Approved by Village Resolution 2018- _ on January 22, 2018 Previous Resolution No. 2017- 34 on December 4, 2017 1 II: a g cur Packet Pg. 183 8.A.d Village of Buffalo Grove Procurement Policy .................................... 5 Introduction.................................................................................................... 5 Procurement Guidelines & Summary............................................................... 6 Responsibilities of Purchasing agents.............................................................. 7 The Purchasing Manager's responsibilities 7 The Village Manager's responsibilities 8 Department and employee responsibilities 9 Volunteers 9 The Purchasing Manager's responsibilities to Vendors 10 The Vendor's responsibilities to Village of Buffalo Grove 10 Payment....................................................................................................... 11 Conflicts ofInterest ....................................................................................... 11 Gibsand Favors............................................................................................ 11 Procurement Methods................................................................................... 12 Petty Cash 12 Advance Check Request 12 Purchase Orders 12 Blanket Purchase Orders 13 Procurement Card Program 13 SpecialProcurement..................................................................................... 13 Electronic Equipment 13 Electronic Equipment Maintenance 13 Vehicles/Equipment Repair 14 Buildings 14 Maintenance Agreements 14 Environmentally Preferable Purchasing......................................................... 15 2 1 il) a i 2 0 a m E d L 3 ci 0 a m O N _ O y T 0 N 00 0 NI t� 0 a d E d 3 V O a E U ca Q Packet Pg. 184 8.A.d WrittenContracts.......................................................................................... 16 Multi -Year Contracts 16 Informal Purchases....................................................................................... 17 Informal Buying Requirements — Purchases of $250.00 or Less 17 Informal Quote Requirements — Purchases Between $250.01 to $5000.00 17 Informal Proposal Requirements — Purchases Between $5000.01 to $20,000.00 17 Informal Purchase Exceptions 17 Formal Procurement Requirements............................................................... 98 Competitive Sealed Bids 18 Standard for Awarding Bid 19 Bid/Quote Records 19 Requests for Proposals 20 Exceptions to Bid/Procurement Requirements ............................................... 29 Sole Source Procurement 21 Emergency Procurements 21 Professional Services 21 Fuel Procurement 21 Cooperative Procurement 22 AppendixA................................................................................................... 23 Formal Bid Requirements 23 AppendixB................................................................................................... 29 Competitive Sealed Proposals. 29 AppendixC................................................................................................... 35 Village of Buffalo Grove Public Contract Statements 35 AppendixD................................................................................................... 36 Causes for Debarment 36 31I)a 2 0 a c m E 3 V O L a m 0 c 0 .N d a N W CO 0 NI V O a i c a� E a> 3 V O a _ O E U ca Q Packet Pg. 185 8.A.d AppendixE.................................................................................................... 38 Qualified Vendor 38 Automated Clearing House 39 Tax Exempt Letter 40 AppendixF.................................................................................................... 49 Procurement Card Policy 41 AppendixG................................................................................................... 50 Petty Cash Reimbursement Request 50 AppendixH................................................................................................... 51 Advance Check Request Form 51 Appendix/..................................................................................................... 52 Prevailing Wage Rider 52 AppendixJ.................................................................................................... 56 Asset Sharing Policy 56 AppendixK................................................................................................... 58 Change Orders 58 AppendixL.................................................................................................... 60 Vendor Evaluation Form 60 Source material for Appendix A and B: American Bar Association The 2000 Model Procurement Code for State and Local Government. 41I)a 2 0 a E d 3 0 a m t 0 0 .N d a N w co 0 NI V O a i c a� E a> L 3 V O L a O E s U ca a Packet Pg. 186 8.A.d 1, jf�.tiio o 11 tj, oji, ij, This procurement policy is intended for use as a guide to the Village of Buffalo Grove procurement methods. When used properly, the policies will enable the Village to obtain needed materials, equipment, supplies, and services efficiently and economically. While this policy does not answer all questions related to purchasing, it does provide the foundation for a sound procurement policy. This policy is intended for use by the Village's Personnel as a general reference and will be revised as policies and procedures require revisions or clarification. This procurement policy may sometimes hereafter by referred to as "policy" The basic goals of the Village's procurement program are: 1. To comply with the legal requirements of public procurement and purchasing. 2. To assure vendors that impartial and equal treatment is afforded to all who wish to do business with the Village. 3. To receive maximum value for each dollar spent by awarding purchase orders to the lowest responsible bidder, taking into consideration quality, performance, technical support, delivery schedule, past performance and other relevant factors. 4. To provide Village departments the required goods, equipment and services at the time and place needed and in the proper quantity and quality. 5. To promote environmentally safe products and services while taking into consideration factors such as price, performance, availability and safety. 6. To promote good and effective vendor relations, cultivated by informed and fair buying practices and strict maintenance of ethical standards. The purpose of this purchasing policy is to provide the Village of Buffalo Grove staff with guidelines and directions for the acquisition of goods and services. This policy is designed to be a fluid document and will be modified from time to time to conform to changes in legislation, technology and actual practice. The Village Manager, or his/her designee, shall be the final authority with regards to enforcement of any of the provisions of this policy. Failure to follow the procedures outlined in this policy may lead to disciplinary action in accordance with the provisions of the Village of Buffalo Grove Personnel Manual. This policy is not intended to provide third parties with any specific rights when transacting with the Village of Buffalo Grove. All policies and procedures in this Policy are subject to modification by the appropriate Village employees and, therefore, vendors or other third parties shall not be entitled to rely on the contents of this policy. 5 1 II: ag e Packet Pg. 187 8.A.d Amount Of Purchase Procurement Method Notification Approval Purchases of $150.00 or less Petty Cash Procedures Supervisor or Supervisor or Designee Designee Credit Card $150.01 to $250.00 Purchases Credit Card Department Department Supervisor or Supervisor or Invoice submitted Designee Designee $250.01 to $2,499.99 Purchases Quotes (verbal, fax, email, written) Department Purchasing Supervisor or Manager 3 Quotes Recommended Designee Purchase Order Procedure $2,500.00 to $5,000 Purchases Quotes (written, faxed or email) Department Finance Director Director or or Purchasing 3 Quotes Required Designee Manager Purchase Order Procedure $5,000.01 to $20,000.00 Purchases Contact the Purchasing Manager Department Village Manager Director or or Designee Quotes (written, faxed or email) Designee 3 Quotes or State Contract/GSA Purchase Order Procedures Purchase Exceeds $20,000.00 Contact the Purchasing Manager Village Village Board Manager or Formal Procurement Process Designee Award by Village Board Ultimate authority to make purchases resides with the Village Board. Packet Pg. 188 8.A.d r' ', jp(1111 J1 '' ff 1, ii, e r„Y�, f11'' I,f1, r ..,11 a f",,1111 g gr("" 111,, [,' 1. To facilitate the involvement of local vendors in the Village's procurement policy. 2. Impartial judgments in the selection of vendors which are based on product quality, price, warranty, and performance and vendor delivery, service, and performance. 3. Complying with all Village procurement procedures and State Statutes covering procurement and disposal. 4. Maintaining a store of office supplies and helping establish guidelines for maintaining general janitorial maintenance supplies. 5. Determine the most appropriate method of procurement for a given good or service. 6. Preparing formal bid packets and quotation requests. 7. Managing the formal bid process, including advertising for bids, notifying vendors, accepting bid proposals, opening bids, tabulating bids, and serving as the primary resource for questions from vendors. 8. Purchase review and final preparation of all purchase orders. 9. Maintaining adequate procurement records, including a database of vendors established in an accessible vendor file. 10. Upon request, assist departments in locating the best source for supplies, materials, and equipment. 11. Assisting departments in conducting negotiations with vendors concerning prices, bids, terms, deliveries, and adjustments. 12. Maintaining a central file of contracts and related documents including but not limited to certified payroll submissions and associated waivers of lien. 13. Assist departments with the informal bid process. 71II: age Packet Pg. 189 8.A.d 1. Purchase all materials, supplies, equipment, personal services and contracts for which funds are provided in the budget, but no item or personal service which exceeds any budget appropriation may be purchased. 2. For a purchase of more than twenty thousand dollars, with the exception of professional services, the Village Manager should solicit bids and such bids shall be presented to the Corporate Authorities for approval. 3. The Village Manager shall solicit bids for any public improvement which will exceed twenty thousand dollars, which is not to be paid for in whole or in part by a special assessment or special tax. 4. The Village Manager will make recommendations to the Corporate Authorities with respect to all bids. 5. The Village Manager may issue rules and regulations governing requisitions and the transaction of the business of the purchasing agent and the heads of departments, officers and employees of the Village. 6. In case of circumstances creating an emergency, the Village Manager may, without prior consent of the Corporate Authorities, award contracts and make purchases for the purpose of meeting the emergency. In such cases the Village Manager will notify the Corporate Authorities as soon as is practicable of all emergency procurements that exceed $20,000 8 1 II:I g e Packet Pg. 190 8.A.d 1. It is the responsibility of each department to requisition goods and services in such a way as to allow time for competitive bidding, ordering, and delivery of materials. Exceptions shall be made only on rare occasions, when a true emergency exists. 2. It is the responsibility of the Department director or his designee, in consultation with the Purchasing Manager, to obtain these goods based upon competitive bids and to give consideration to product price, value, quality, performance, and delivery. 3. While the Department director may delegate minor purchases to employees, he/she is still responsible for ensuring such purchases are made according to the provisions of this policy. 4. No Department Director or employee is authorized to make any commitment to any salesperson or firm that will bind the Village in any way. During meetings with salespersons, no employee shall make any indication that he/she will recommend a particular product for purchase. 5. It is the responsibility of all Village of Buffalo Grove employees to comply with all rules and regulations set forth herein. As directed by the Village Manager, any employee deliberately violating the policy regarding unauthorized purchases shall be held personally accountable for the purchases. Failure to follow the procedures outlined in the Policy may lead to disciplinary action in accordance with the provisions of the Village of Buffalo Grove Employee Manual. 6. Employees may be made responsible for the management of certain contracts. It is important for staff to work with the Purchasing Manager to understand their responsibilities in managing contracts including the collection of certificates of insurance, waivers of lien, certified payroll, project closeout documents and completion of the Vendor Evaluation form(Appendix L). 7. All contracts/agreements must be submitted to the Village Clerk within 10 calendar days of final signatory executing the contract/agreement. 1. Volunteers, Committee, Commission members have no authority to purchase on behalf of the Village nor do they have authority to execute contracts on behalf of the Village. Village employees working with volunteers ("Liasons") shall make purchases for committee/commissions, failure to abide by this rule may be sufficient cause to remove a member from a committee or commission. Packet Pg. 191 8.A.d R 0' �„ �� , 1. Encourage good Village/vendor relations. 2. Encourage businesses located within the Village to participate in the Village's procurement policy, by notifying all known in -Village vendors of opportunities to bid. 3. Conduct business with vendors in a professional manner that promotes honesty and fairness. 4. Accept, and in some cases require, samples from vendors to be used for testing. A fair trial shall be given to all samples and the outcome of the test shall be presented to the vendor, in general terms. 5. Make every effort to be available for appointments during normal business hours on reasonable notice. 6. Arrange interviews between salespersons and department directors as needed. 7. Write all correspondence to salespersons and vendors, except when technical details can be better written by the department. 8. Keep on file vendor information, catalogs, samples, price quotes, etc. to be used by all departments. 1. Understand the needs of Village of Buffalo Grove and to try to find the right product at the right price, quality, and quantity that benefits the Village as a whole. 2. Conduct themselves in a professional manner: being honest about the supplies, services and products they represent. 3. Honor purchase orders generated as a result of providing price quotes on specified items and quantities. 4. Respond to Bids, Requests for Proposals, and Requests for Qualifications in a professional and ethical fashion. See Appendix D for causes for debarment from bidding. 5. Complete on a biennial basis the Village of Buffalo Grove Qualified Vendor Registration form. (Appendix E) 6. Provide all documents required of them by the Village including but not limited to Village Financial Forms, Waivers of Lien, Insurance documents, Bonds as required and Certified Payroll as required. 10 1 I) a g e Packet Pg. 192 8.A.d 1"a' J1 D �U' ill'((:: The Village is bound by State Statute (50 ILCS 505/1 et seq.) which states that payments are to be made pursuant to the Illinois Local Government Prompt Payment Act. It is important to note that all contracts and agreements with Vendors reflect these particular payment terms. ofhateif�e"st The Village Staff shall not knowingly initiate a purchase order when there is a conflict of interest. All known or suspected conflict of interest situations shall be referred to the Office of the Village Manager. A conflict of interest exists when a Village employee or officer (The Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village) is an officer or director of the supplier, or owns five percent (5%) or more of the supplier of products and or services to the Village of Buffalo Grove. Employees shall not solicit, accept or agree to accept any gift of any kind from any person or business entity doing business or wishing to do business with the Village, except where said gift is expressly permitted by the Illinois State Officials and Employees Ethics Act (5 ILCS 430/1-5). A "gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee. Employees shall comply with the Illinois State Officials and Employees Ethics Act at all times. The Purchasing Manager may accept samples from vendors only for the purpose of testing products 111 I) a g e Packet Pg. 193 8.A.d Petty Gash Purpose: To reimburse an employee for small incidental purchases. Appropriate use of the Petty Cash: Petty cash funds may be used for small incidental nonrecurring cash purchases that do not exceed $150.00. The use of petty cash should not be considered as a substitute for regular procurement procedures. It is recommended that wherever possible a Village issued credit card/procurement card be used in the place of petty cash. Requests for reimbursement using petty cash must be accompanied by the Petty Cash Form (Appendix F). These forms must be completed and then submitted to the Accounts Payable Clerk. Advance Check Request Purpose: To request a check for payment when an invoice is not issued. Appropriate use of Advance Check Request for Payment: Occasionally, a check is needed when there is no invoice. These occurrences include, but are not limited to: 1. An employee request for reimbursement for out of pocket expense. 2. Vendors requiring payment in advance. 3. Mail in catalog orders requiring pre -payment. When the Advance Check Request form is used, a cash receipt, a written quote, or a copy of the catalog order must be submitted as supporting documentation. For a copy of the Advance Check Request form see Appendix G. Purpose: To provide a legal document that places an obligation on both the Village and the vendor. When properly endorsed by the Finance Department, the purchase order obligates the Village to purchase the items listed at the prices stated. The vendor is obligated according to the terms and prices stated on the purchase order to deliver the goods or services. The purchase order provides specifications for goods and services ordered and shipping and billing information. Appropriate Use of the Purchase Order: A purchase order shall be used for procurement of any item or service that requires a written order or any purchase of $250.01 or more. Purchase orders are not required for prepaid orders. 12 a g e Packet Pg. 194 8.A.d Blanket Purchase r s Purpose: Blanket purchase orders will be used for repetitive purchases from certain vendors. Appropriate Use of the Blanket Purchase Order: If the Village has entered into contract with a Vendor then a Blanket purchase may be issued for each fiscal year of that contract. Departments should follow standard purchase order procedures. For repetitive purchases, rather than issuing a purchase order for each purchase, one purchase order with a dollar limit is issued for a period of up to twelve months. Procurementr Program A policy has been designed to establish the procedures to be used with the Village of Buffalo Grove's credit/procurement card program. Refer to Appendix F for the complete policy. SJj," of '� i F'� r7c',i�11r e�d�j,. eba1 Electronic Equipment The IT (Information Technology) Department or the Government Information Technology Consortium (GovITC) will purchase or authorize the purchase of all computers, peripherals, printers, cell phones and all other electronics governed by the Communications and Information Technology Policy. The IT Department or GovITC will then be responsible for communicating to the Office of the Village Manager and requesting a Purchase Order or instructing the department requesting services or equipment to enter the information required to create a Purchase Order. The IT Department or the company contracted by the Village to supply IT services will setup and install equipment in the appropriate departments. Electronic Equipment Maintenance When a copier, large format printer, scanner or multifunction print device requires maintenance, the department should use the contact information located on the device. If you have maintenance or repair need for a cell phone or pager, contact the IT department or the company contracted by the Village to supply IT services. When maintenance or repair is needed for all other electronic equipment, including but not limited to computers, printers, and telephones, the IT department or the company contracted by the Village to supply IT services shall be contacted. The IT department or the company contracted by the Village to supply IT services will either repair, service or make arrangements for outsourcing the repair. 131I)a g e Packet Pg. 195 8.A.d Vehicles/Equipment Rit The Central Garage is responsible for the maintenance repair and replacement of all Village owned vehicles. Central Garage personnel will determine when repairs can be made at the garage or should be outsourced. Before outsourcing work, the Fleet Manager will notify the applicable Department director with a recommendation of the work to be performed, along with estimates or quotes. Buildings The Public Works Department shall be contacted for Village building repairs and remodeling requests. For Village property the Public Works department will assess the need or problem and recommend the best course of action to correct the problem(s). Repair services for Village buildings or equipment that are not covered by maintenance agreements shall be obtained by the following procedures: 1. Estimates of the repair/improvement work shall be gathered and reviewed before proceeding with the repairs/improvements. 2. A.repairs/improvementso public facilities will likely requirewage► r paid, rider in Appendix 1. should be provided to contractors when requesting quotes. ter. � ' + • a Maintenance r Departments should follow these guidelines for all maintenance agreements: 1. All maintenance agreements must be reviewed by the Village Attorney. 2. Maintenance agreements shall be considered for any equipment/asset that requires frequent adjustment or repairs. 3. Maintenance agreements are a form of contract. Department Directors are not authorized to sign contracts in excess of $5,000.00 4. Copies of all maintenance agreements will be filed with the Purchasing Manager. 5. Purchase order procedures shall be followed. 141I)a g e Packet Pg. 196 8.A.d 11V11011111 ',ff,'.iU'.�,.AHJ,,y The purchase and use of products and services can have a profound impact on the environment. The Village of Buffalo Grove recognizes the positive impact that it can make on the environment through purchasing decisions that Village staff make. It is the intent of the Village of Buffalo Grove to integrate environmental considerations into the aspects of procurement. Village staff should seek to reduce the environmental damages associated with their purchases by increasing their acquisition of environmentally preferable products and services to the extent feasible, consistent with price, performance, availability, and safety considerations. 151I)a g e Packet Pg. 197 8.A.d q�u�rJJ"A(bl'k9f Contracts range from written contracts described in this section to purchase orders incorporating specifications, which are also contracts. The following purchases will require contracts: 1. Supplies, equipment, apparatus, and material requiring an expenditure of more than $20,000.00. 2. All maintenance agreements and leases. 3. Construction and repair (including demolition and renovation) projects requiring an expenditure of more than $20,000. 4. Change Orders: Contracts for construction or repair projects can have change orders during the project prior to completion, without going through a new bid process, providing the bidding laws are not evaded. Change orders that exceed 10% of the total contract price must be approved by the Village Board and then should only be approved if it is in the best interests of the Village of Buffalo Grove. Change orders up to $10,000.00 (but less than 10% of total contract price) can be approved by the Village Manager. See Appendix K. for more information. 5. Any work that that can be considered an improvement to public facilities and therefore invokes prevailing wage rates must have a written contract. At a minimum the rider in Appendix I. must be attached to a quote provided for such work and signed by the contractor/vendor performing the work. All contracts that commit the Village to an expenditure of more than $5,000.00 shall be submitted to the Village Manager, Finance Director or Purchasing Manager for approval signature. Contracts at or below $5,000 may be signed by a Department Director after review by the Village Attorney with the contract forwarded to the Purchasing Manager. Contracts that commit the Village to an expenditure of more than $20,000 can only be signed by the Village President or Village Manager. While Illinois law and Village policy mandate when written contracts are required, this does not preclude the use of written contracts at any time. It should also be remembered that the need for a contract might vary according to circumstances and, a written contract may be used whenever it is deemed necessary and advisable by the Purchasing Manager or Village Attorney. Multi -Year Contracts Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the Village of Buffalo Grove. The term of the contract and conditions of renewal or extension, if any, must be included in the solicitation and funds must be available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. 16 1 I) a g e Packet Pg. 198 8.A.d Any procurement not exceeding $20,000.00 may be made in accordance with the following purchase procedures, provided however, that purchases are not artificially divided so as to create an Informal purchase. The splitting of a purchase or contract into two or more purchases for the purpose of avoiding the bidding or quotation process is in violation of State law and Village policy. BuyingInformal it is ® Purchases of $250.00 or Less The informal buying requirements cover purchases for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $250.00 or less. Pricing may be obtained verbally, or by electronic or written submission. No advertisement is required. The Village of Buffalo Grove standard is to seek three quotes for all purchases that do not qualify for the informal purchase exception rules. If the purchase is for a routine operating good or service, the price comparison needs to be performed at least once each fiscal year. QuoteInformal Requirements ® Purchases Between The informal quote requirements cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $250.01 to $5,000.00. Pricing may be obtained by electronic or written submission. No advertisement is required. The Village of Buffalo Grove standard is to seek three quotes for all purchases that do not qualify for the exception rules. Informal Proposal Requirements® Purchases Between $5000.01 to $20,000.00 The informal proposal requirements cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $5,000.01 to $20,000.00. Informal proposals may be obtained by electronic or written submission. No advertisement is required but it is recommended. The Village of Buffalo Grove standard is to seek at least three quotes for all purchases that do not qualify for the exception rules. PurchaseInformal c i Exceptions to obtaining price quotes from more than one vendor should be limited to the following; 1. There are a variety of numerous items in the order, including but not limited to, maintenance repair and operational (0) supplies and office supplies. 2. Specifications are sufficiently detailed, or the item being sought is highly unique and/or specialized. 3. Sole source procurement. Exceptions must be noted with the Purchase Order. 17 a g e Packet Pg. 199 8.A.d 1' fl, ff if Ir.11 aka 1 � � Q 21l �F„ � b ��',' � �� 1�', � lJ l� R e q i� ,,J� i f."e jj".'n e n s Procurement involving the expenditure of $20,000.00 or more requires Village Board approval. Exception to this rule is provided for only in the case of emergency and is detailed in the section titled Emergency Procurement. Competitive Sealed Bids The formal bidding requirements cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of more than $20,000.00. Bids should be used where detailed specifications are available and pricing is of the upmost concern. A notice to bidders, "Invitation to Bid" must be advertised locally. The advertisement must include: 1. A general description of the service or supplies sought after by the Village of Buffalo Grove, with details on how to obtain more specific information of those services/supplies. 2. Notification that only sealed bids shall be reviewed. 3. Bonding and Insurance requirements 4 Date time and location of bid op Bid notices should be mailed/e-mailed to Vendors the week the notice is published. Contract documents should be made available to Vendors. If copies of contract documents are expensive to reproduce, a fee may be required by the Village to create those documents. Pursuant to authority in chapter 2.08 of the Buffalo Grove Municipal Code the Village may utilize Bids obtained through the Illinois Government Joint Purchase Act (301LCS 525/0.01) Bids will be opened at the time and date as advertised on the "Notice to Bidders". Bids received after the time and date specified shall not be accepted. Both Bid Bonds and Bid deposit checks are acceptable methods of providing earnest payment to show good faith in entering into a Contract with the Village of Buffalo Grove. If the low bidder chooses not to enter into a contract with the Village, the Village shall reserve the right to retain those funds. See Appendix A for more information on the Formal Bid Process. The requirement for competitive sealed bids may be waived by a two-thirds vote of the Village Trustees. 18 a g e Packet Pg. 200 8.A.d AwardingStandard for i The standard for awarding contracts is based on the lowest responsive and responsible bidder, or bidders, taking into consideration quality, performance, and the time specified in the proposals for the performance of the contracts. If a supplier is recommended who has not quoted the lowest price, the reasons for selecting the supplier should be documented. Appendix A. Bid Evaluation and Award, fully details the methods to be used in determing lowest responsive and responsible bidder. Single Bids. When only a single bid or quote is received that fact alone shall not prevent the Village from accepting that bid or quote. Bid/Quote ecor s The Village must keep a record of all bids/quotes sought, but those records are not subject to public inspection until the contract has been awarded. 191I)a g e Packet Pg. 201 8.A.d Requests for Proposals The formal Request for Proposal (RFP) process cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $20,000 or more. An RFP should be used in those occasions where the need for quality or expertise exceeds the concern for pricing. RFP documents will likely include a section detailing what criteria shall be used to make the selection for the vendor to be awarded the contract. A notice to proposers, "Request for Proposal" should be advertised locally. The advertisement should include: (a.) A general description of the service or supplies sought after by the Village of Buffalo Grove, with details on how to obtain more specific information of those services/supplies; (b.) Notification that only sealed proposals shall be reviewed; (c.) Bonding and Insurance requirements as might be necessary; and (d.) Date, time and location Proposals are due. A Request for Proposal should be mailed/e-mailed to potential Proposers the week the notice is published. Contract documents should be made available to Proposers in the office of the person authorized to administer the bid. If copies of contract documents are expensive to reproduce, a fee may be required by the Village to create those documents. Proposals will be opened at the time and date as advertised in the Request for Proposal. Proposals received after the time and date specified shall not be accepted. Both Bid Bonds and Bid deposit checks are acceptable methods of providing earnest payment to show good faith in entering into a Contract with the Village of Buffalo Grove. If the low bidder chooses not to enter into a contract with the Village the Village shall reserve the right to retain those funds. The request for Competitive Sealed Proposals is an exception to the bid process. The reasons for selection of this method of procurement and the procedures to be followed are set forth in Appendix B. Qualitys ion (QBS) or Request for Qualifications The primary purpose of undertaking the QBS process is to locate the most qualified consultant to do the work and negotiate a fair and equitable agreement. The selection shall be based on the consultant's experience and expertise in projects of the same type as proposed. Special rules apply to the QBS process. When State or Federal funds are involved, the QBS procedure in Appendix M, attached hereto, applies. The Village of Buffalo Grove believes their adopted QBS written policies and procedures (Appendix M) substantially follows Section 5-5 of the BLRS Manual and specifically Sections 5-5.06(c) and 5-5.06(e), therefore; approval from IDOT is not required. 20 ag e Packet Pg. 202 8.A.d ,ce :J,cu n s to Big.t/fIft',ai, eritt Re ,jj'Qii ii,' '�j,:�J'.e t Sale Source Procurement A contract may be awarded for a supply, service, or construction item without competition when, the Finance Director, Purchasing Manager, or a designee of either determines in writing that there is only one source for the required supply, service, or construction item. Purchases made in this fashion in excess of $20,000 must be brought before the Village Board in the form of a request for Bid Waiver. Emergency Procurements Notwithstanding any other provision of this Policy, the Village Manager, Finance Director or Purchasing Manager may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. If emergency purchases are needed during business hours, begin Purchase Order procedures immediately and contact the Purchasing Manager for Purchase Order approval. When emergency purchases occur during non business hours, contact the Purchasing Manager immediately the next business day. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The Village Manager must authorize any emergency procurement for more than $20,000. In such cases the Village Manager will notify the Corporate Authorities as soon as is practicable of all emergency procurements that exceed $20,000. Professional Services Professional services including but not limited to Accounting, Auditing, Financial, Recruitment, Employment, Procurement, Information Technology, Legal, Land Survey, Architectural and Engineering services, are generally procured through a Request for Qualifications or Quality Based Selection process and may be followed by or in conjunction with a Request for Proposals. The Village Manager has authority to award the contract based upon quality, performance, and the time specified in the proposals for the performance of the contracts. Fuel Procurement Due to the speculative nature of fuel purchases and an ever increasing volatile market, the Village Manager working in coordination with the Fleet Manager has been authorized by Section 2.08.040 of the Village of Buffalo Grove Municipal Code to make purchases in excess of the bid limit in order to secure fuel at the best possible price for the Village of Buffalo Grove. 21 a g e Packet Pg. 203 8.A.d Cooperative e t In some cases the Village has an opportunity to purchase through a joint procurement agency. Joint Procurement cooperatives can save the Village of Buffalo Grove money through collective buying power. It may also be the case that other agencies have gone through the Bid process for items or services the Village now seeks. In those cases the Finance Department may recommend that the Village Board "Accept 3rd Party* Bids for and purchase using a joint procurement agency bid". The Illinois State Intergovernmental Cooperation Act (5 ILCS 220) allows for cooperative procurement. * 3rd Party includes but is not limited to; the State of Illinois Central Management Services, United States General Services Administration, Northwest Municipal Conference and the North Suburban Municipal Partnering Initiative, National Joint Powers Association, and Houston Galveston Area Compact. Pursuant to authority in chapter 2.08 of the Buffalo Grove Municipal Code the Village may utilize Bids obtained through the Illinois Government Joint Purchase Act (30 ILCS 525/0.01) Asset Sharing Policy A subset of Cooperative Procurement is Asset Sharing. The Village of Buffalo Grove is committed to providing safe, efficient and effective services to the Residents of Buffalo Grove and other external stakeholder groups through the sharing of assets where appropriate and practical. It is the policy of the Village of Buffalo Grove to ensure that certain criteria are evaluated when making capital asset purchases. The administrative guidelines outlined in Appendix J. apply to all situations where the sharing of assets could be of mutual benefit to those involved and reduce the overall lifecycle cost of the asset. This Policy shall apply to all departments of the Village and include such things as vehicles, equipment, trailers, and tools. The purpose of the Asset Sharing Policy("Policy") is to provide the Village of Buffalo Grove staff with guidelines and directions for acquiring assets that can be shared. The benefit to all parties is a more effective use of resources, enhanced inter -governmental cooperation, and more efficient use of taxpayer dollars through cost sharing. The Policy is designed to be a fluid document and will be modified from time to time to conform to changes in law, technology and actual practice. 22age Packet Pg. 204 8.A.d l`jjp" 11 eff"» (1 J I°'",. Formal Bid Requirements The Invitation for Bids. The Invitation for Bids is used to initiate competitive sealed bid procurement. The Invitation for Bids shall include the following: 1. instructions and information to bidders concerning the bid submission requirements, including the time and date set for receipt of bids, the address of the office to which bids are to be delivered, the maximum time for bid acceptance by the Village of Buffalo Grove, and any other special information; 2. the purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements as are not included in the purchase description; and 3. the contract terms and conditions, including warranty and bonding or other security requirements, as applicable. Incorporation by Reference. The Invitation for Bids may incorporate documents by reference. Acknowledgement of Addendums. The Invitation for Bids shall require the acknowledgement of the receipt of all Addendums issued. Bidding Time. Bidding time is the period of time between the date of publication of the Invitation for Bids and the time and date set for receipt of bids. In each case bidding time will be set to provide bidders a reasonable time to prepare their bids. A minimum of 10 calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Manager. Bidder Submissions. Bid Form. The Invitation for Bids shall provide a form which shall include space in which the bid price shall be inserted and which the bidder shall sign and submit along with all other necessary submissions. Bid Samples and Descriptive Literature. 1. "Descriptive literature" means information available in the ordinary course of business which shows the characteristics, construction, or operation of an item which enables the Village of Buffalo Grove to consider whether the item meets the Village's needs. 2. "Bid sample" means a sample to be furnished by a bidder to show the characteristics of the item offered in the bid. 3. Bid samples or descriptive literature may be required when it is necessary to evaluate required characteristics of the items bid. 4. The Invitation for Bids shall state that bid samples or descriptive literature should not be submitted unless expressly requested and that, regardless of any attempt by a bidder to condition the bid, unsolicited bid samples or descriptive literature which are submitted at the bidder's risk will not be examined or tested, and will not be deemed to vary any of the provisions of the Invitation for Bids. 23 1 I) a g e Packet Pg. 205 8.A.d Public Notice. Distribution. Invitations for Bids or Notices of the Availability of Invitations for Bids shall be mailed or otherwise furnished to a sufficient number of potential bidders for the purpose of securing competition. Invitations to Bid shall indicate where, when, and for how long Bid and Contract documents may be obtained; generally describe the supply, service, or construction desired; and may contain other appropriate information. Where appropriate the Purchasing Manager may require payment of a fee or a deposit for the supplying of the Invitation for Bids. Publication. Every procurement in excess of $20,000 shall be publicized in one or more of the following ways: 1. in a newspaper of general circulation; 2. in a newspaper of local circulation in the area pertinent to the procurement; 3. in industry media; 4. through electronic mailing lists, 5. through the internet, agency web site, or other publicly accessible electronic media, or 6. in a government publication designed forgiving public notice. Public Availability. A copy of the Invitation for Bids shall be made available for public inspection at the Purchasing Manager's office or the Village Clerk's office. Bidders Lists. Purpose. Bidders lists may be compiled to provide the Village of Buffalo Grove with the names of businesses that may be interested in competing for various types of the Village of Buffalo Grove contracts. Unless otherwise provided, inclusion or exclusion of the name of a business does not indicate whether the business is responsible in respect to a particular procurement or otherwise capable of successfully performing a Village of Buffalo Grove contract. Public Availability. Names and addresses on bidders lists shall be available for public inspection, unless an exemption to the Illinois Freedom of Information Act applies. Pre -Bid Conferences. Pre -bid conferences may be conducted to explain the procurement requirements. The conference should be held long enough after the Invitation for Bids has been issued to allow bidders to become familiar with it, but sufficiently before bid opening to allow consideration of the conference results in preparing their bids. Nothing stated at the pre -bid conference shall modify the Bid document unless a change is made by written addendum. 24 1 II) a g c Packet Pg. 206 8.A.d Addendums to Bids. Form. Addendums to Bid documents shall be identified as such and shall require that the bidder acknowledge receipt of all Addendums issued. The amendment shall reference the portions of the Bid it amends. Distribution. Addendums shall be published on the Village website and whenever practical sent to all prospective bidders known to have received a Bid. Timeliness. Addendums shall be distributed within a reasonable time to allow prospective bidders to consider them in preparing their bids. If the time and date set for receipt of bids will not permit such preparation, such time shall be increased to the extent possible in the addendum or, if necessary, by e- mail and confirmed in the addendum. Pre -Opening Modification or Withdrawal of Bids. Procedure. Bids may be modified or withdrawn by written notice received in the office designated in the Invitation for Bids prior to the time and date set for bid opening. An electronic modification or withdrawal received from the bidder or, as applicable, the receiving prior to the time and date set for bid opening will be effective provided that there is objective evidence, in electronic form or from the receiving company, confirming that the message was received prior to the time and date set for bid opening. Disposition of Bid Security. If a bid is withdrawn in accordance with this Section, the bid security, if any, shall be returned to the bidder. Records. All documents relating to the modification or withdrawal of bids shall be made a part of the appropriate procurement file. Late Bids, Late Withdrawals, and Late Modifications. Any bid received after the time and date set for receipt of bids is late. Any withdrawal or modification of a bid received after the time and date set for opening of bids at the place designated for opening is late. Notice. Bidders submitting late bids will not be considered for award and shall be so notified as soon as practicable. Records. Records equivalent to those required in the Section titled "Pre -Opening Modification or Withdrawal of Bids", shall be made and kept for each late bid, late modification, or late withdrawal. 25age Packet Pg. 207 8.A.d Receipt, Opening, and Recording of Bids. Receipt. Upon its receipt, each bid and modification shall be time -stamped but not opened and shall be stored in a secure place until the time and date set for bid opening. Bids submitted through electronic means shall be received in such a manner that the time and date of submittal, along with the contents of such bids shall be securely stored until the time and date set for bid opening. Opening and Recording. Bids and modifications shall be opened publicly, in the presence of one or more witnesses, at the time, date, and place designated in the Invitation for Bids. The name of each bidder, the bid price, and such other information as is deemed appropriate by the Purchasing Manager, shall be read aloud or otherwise made available. Such information also shall be recorded at the time of bid opening; that is, the bids shall be tabulated or a bid abstract made. The names and addresses of witnesses shall also be recorded at the opening. The opened bids shall be available, after award of bid has been made, for public inspection except to the extent the bidder designates trade secrets or other proprietary data to be confidential as set forth in the Subsection titled "Confidential Data" of this Section, or as otherwise provided by law. Information marked Confidential shall be readily separable from the bid in order to facilitate public inspection of the non -confidential portion of the bid. Confidential Data. The Purchasing Manager shall examine the bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. If the parties do not agree as to the disclosure of data, the Purchasing Manager shall inform the bidders in writing what portions of the bids will be disclosed and that, the bids will be disclosed. The bids shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data unless subject to an exemption under applicable law. Proposals and bids are exempt from disclosure until an award or final selection is made pursuant to 5 ILCS 140/7(1)(h). (This shall be understood to include bid information on projects that will be re -bid) Bid Evaluation and Award The standard for awarding contracts is based on the lowest responsive and responsible bidder, or bidders, taking into consideration quality, performance, and the time specified in the proposals for the performance of the contracts. If a supplier is recommended who has not quoted the lowest price, the reasons for selecting the supplier should be documented. Product Acceptability. The Invitation for Bids shall set forth any evaluation criterion to be used in determining product acceptability. It may require the submission of bid samples, descriptive literature, technical data, or other material. It may also provide for accomplishing any of the following prior to award: (a) inspection or testing of a product prior to award for such characteristics as quality or workmanship; (b) examination of such elements as appearance, finish, taste, or feel; or (c) other examinations to determine whether it conforms with any other purchase description requirements. 26 II: agc Packet Pg. 208 8.A.d The acceptability evaluation is not conducted for the purpose of determining whether one bidder's item is superior to another but only to determine that a bidder's offering is acceptable as set forth in the Invitation for Bids. Any bidder's offering which does not meet the acceptability requirements shall be rejected as nonresponsive. Determination of Lowest Bidder. Following determination of product acceptability, if any is required, bids will be evaluated to determine which bidder offers the lowest cost to the Village of Buffalo Grove in accordance with the evaluation criteria set forth in the Invitation for Bids. Only objectively measurable criteria which are set forth in the Invitation for Bids shall be applied in determining the lowest bidder. Examples of such criteria include, but are not limited to, transportation cost, and ownership or life cycle cost formulas. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible such evaluation factors shall: (a) be reasonable estimates based upon information the Village of Buffalo Grove has available concerning future use; and (b) treat all bids equitably. Responsive and Responsible Bidder. In an effort to determine a "Responsive and/or Responsible" Bidder the Village will take in consideration responses from references provided by Bidders as well as information as might be solicited from other local municipalities or governmental agencies, in addition, the following shall be considered when determining whether the bidder is responsive and responsible: (a) The ability, capacity and skill of the bidder to perform the contract and to provide the service required; () Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder; () The quality of the performance of previous contracts or services; (e) The previous and existing compliance by the bidder with laws and ordinances relating to the () The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (g) The quality, availability and adaptability of the supplies or contractual services to the particular use required; (h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and Restrictions. Nothing in this Section shall be deemed to permit contract award to a bidder submitting a higher quality item than that designated in the Invitation for Bids if such bidder is not also the lowest bidder. Further, this Section does not permit negotiations with any bidder. 27 1 I) a g e Packet Pg. 209 8.A.d Bid Rejection andRe-bid. The Purchasing Manager has the authority to reject all bids and re -bid for the selected goods and services. Upon review of submitted bids, if the Purchasing Manager determines that the bids submitted were inconsistent, an insufficient number of bids were received, or there were substantial errors/omissions in the bid documents/specifications, the Purchasing Manager will notify all bidders and either proceed to re -bid the project or reevaluate the selected procurement method. Low Tie Bids. Definition. Low tie bids are low responsive bids from responsible bidders that are identical in price and which meet all the requirements and criteria set forth in the Invitation for Bids. Award. Awards shall not be made by drawing lots, or by dividing business among identical bidders. The Purchasing Manager shall bring before the Village Board a request to reject all Bids and negotiate with the Low Tie Bidders. Records shall be made of all Invitations for Bids on which tie bids are received showing at least the following information: (a) the identification number of the Invitation for Bids; (b) the supply, service, or construction item; and (c) a listing of all the bidders and the prices submitted. A copy of each such record shall be sent to the Village Clerk's Office Following award, a record showing the successful bidder shall be made a part of the procurement file. 28 1 I) a g e Packet Pg. 210 8.A.d Conditions for Use. (a) A contract may be entered into by competitive sealed proposals when the Purchasing Manager, Village Manager, the Finance Director, or a designee of any of the foregoing above determines that the use of competitive sealed bidding is either not practicable or not advantageous to the Village of Buffalo Grove. (b) Contracts for the design -build, design -build -operate -maintain, or design -build -finance -operate - maintain project delivery methods shall be entered into by competitive sealed proposals. Request far Proposals. Proposals shall be solicited through a Request for Proposals. Public Notice. Adequate public notice of the Request for Proposals shall be given in the same manner as provided in Formal Bid Requirements, Public Notice section of Appendix A. Receipt of Proposals. Proposals shall be opened so as to avoid disclosure of contents to competing proposers during the process of negotiation. A Register of Proposals shall be prepared and shall be open for public inspection after contract award. Evaluation Factors. The Request for Proposals shall state the relative importance of price and other factors and subfactors, if any. Discussion with Responsible Proposers and Revisions to Proposals. As provided in the Request for Proposals, discussions may be conducted with responsible proposers who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there should be no disclosure of any information derived from proposals submitted by competing proposers. Award. Award shall be made to the responsive and responsible proposer whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the Village of Buffalo Grove taking into consideration price, reference responses and the evaluation factors set forth in the Request for Proposals and any related Addendums. Debriefings. The Purchasing Manager is authorized to provide debriefings that furnish the basis for the source selection decision and contract award. 29age Packet Pg. 211 8.A.d When Competitive Sealed Bidding is Not Practicable. Competitive sealed bidding is not practicable unless the nature of the procurement permits award to a low bidder who agrees by its bid to perform without condition or reservation in accordance with the purchase description, delivery or performance schedule, and all other terms and conditions of the Invitation for Bids. Factors to be considered in determining whether competitive sealed bidding is not practicable include: (a) whether the contract needs to be other than a fixed -price type; (b) whether oral or written discussions may need to be conducted with proposers concerning technical and price aspects of their proposals; (c) whether proposers may need to be afforded the opportunity to revise their proposals, including price; (d) whether award may need to be based upon a comparative evaluation as stated in the Request for Proposals of differing price, quality, and contractual factors in order to determine the most advantageous offering to the Village of Buffalo Grove. Quality factors include technical and performance capability and the content of the technical proposal; and (e) whether the primary consideration in determining award may not be price. When Competitive Sealed Bidding is Not Advantageous. A determination may be made to use competitive sealed proposals if it is determined that it is not advantageous to the Village of Buffalo Grove, even though practicable, to use competitive sealed bidding. Factors to be considered in determining whether competitive sealed bidding is not advantageous include: (a) if prior procurements indicate that competitive sealed proposals may result in more beneficial contracts for the Village of Buffalo Grove; and (b) whether the factors are desirable in conducting a procurement rather than necessary; if they are, then such factors may be used to support a determination that competitive sealed bidding is not advantageous. Determinations. The Village Manager, Finance Director, or Purchasing Manager may make determinations by category of supply, service, infrastructure facility, or construction item that it is either not practicable or not advantageous to the Village of Buffalo Grove to procure specified types of supplies, services, or construction by competitive sealed bidding. Procurements of the specified types of supplies, services, or construction may then be made by competitive sealed proposals based upon such determination. The officer who made such determination may modify or revoke it at any time, and such determination should be reviewed for current applicability from time to time. 30 1 I) a g e Packet Pg. 212 8.A.d Content of the Request for Proposals. The Request for Proposals shall be prepared in accordance with the Invitation for Bids section in Appendix A of this policy provided that it shall also include: (a) a statement that discussions may be conducted with proposers who submit proposals determined to be reasonably susceptible of being selected for award, but that proposals may be accepted without such discussions; and (b) a statement of when and how price should be submitted. (c) a listing of the criteria by which staff will make a selection and recommendation to the Village Board may also be included. Proposal Preparation Time. Proposal preparation time shall be set to provide proposers a reasonable time to prepare their proposals. A minimum of 10 days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Manager. The manner in which proposals are to be submitted, including any forms for that purpose, may be designated as a part of the Request for Proposals. Public notice shall be given by distributing the Request for Proposals in the same manner provided for distributing an Invitation for Bids Use of Bidders Lists. Bidders lists compiled and maintained in accordance with the Bidders Lists section of Appendix A. of this policy may serve as a basis for soliciting competitive sealed proposals. Pre -proposal conferences may be conducted in accordance with the Pre -Bid Conferences section of Appendix A. Any such conference should be held prior to submission of initial proposals. Addendums to Requests for Proposals. Addendums to Requests for Proposals may be made in accordance with the Addendums to Invitations for Bids section of Appendix A. prior to submission of proposals. Proposals may be modified or withdrawn prior to the established due date in accordance with Section the Pre -Opening Modification or Withdrawal of Bids section of Appendix A. For the purposes of this Section and the Late Proposals, Late Withdrawals, and Late Modifications section of this Appendix B. the established due date is either the time and date announced for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the time and date by which best and final offers must be submitted, provided that only proposers who submitted proposals by the time announced for receipt of proposals may submit best and final offers. 311 I) a g e Packet Pg. 213 8.A.d Any proposal, withdrawal, or modification received after the established due date at the place designated for receipt of proposals is late. Late Proposals may only be considered in accordance with the Late Bids, Late Withdrawals, and Late Modifications section of Appendix A. of this Policy Proposals shall not be opened publicly but shall be opened in the presence of two or more Village employees. Proposals and modifications shall be time -stamped upon receipt and held in a secure place until the established due date. After the date established for receipt of proposals, a Register of Proposals shall be prepared which shall include for all proposals the name of each proposer, the number of modifications received, if any, and a description sufficient to identify the supply, service, or construction item offered. The Register of Proposals shall be open to public inspection only after award of the contract. Proposals and modifications shall be shown only to the Village of Buffalo Grove personnel having a legitimate interest in them. Evaluation of Proposals. Evaluation Factors in the Request for Proposals. The Request for Proposals can include the following evaluation factors (and subfactors), including price, and their relative importance. Evaluation. The evaluation shall be based on the evaluation factors set forth in the Request for Proposals. Evaluators shall be required to complete the Evaluation Committee Member Statement attached at the end of Appendix B. 1. Classifying Proposals. For the purpose of conducting Village staff discussions, proposals shall be initially classified as: (a) acceptable; (b) potentially acceptable, that is, reasonably susceptible of being made acceptable; or (c) unacceptable. w 1 4 • ffolmom SelectionProposals will b" evaluated by !n committee madeof rt which will subsequently present its recommendationto the Buffalo Grove VillageBoard. recommendation for the successful Proposer may be based on the following or similar criteria, though the weight of ! ! !!ounderstanding of d demonstrated ability to meet or exceed the same. 321I)a e Packet Pg. 214 8.A.d (c) 50 % The cost of providing the equipment, installation and training services. () 10 % Ability to interact productively with Village staff, as required. (e) 10 % Information obtained through reference checks. Proposal Discussions/Interviews with Individual Proposers. "Proposers" Defined. "Proposers" includes only those businesses submitting proposals that are acceptable or potentially acceptable. The term shall not include businesses who submitted unacceptable proposals. The Purchasing Manager has the authority to reduce the pool of Proposers to be involved in Discussions based upon Selection Criteria. Purposes of Discussions. Discussions or Interviews are held to: (a) promote understanding of the Village of Buffalo Grove's requirements and the proposers' proposals; and (b) facilitate arriving at a contract that will be most advantageous to the Village of Buffalo Grove taking into consideration price and the other evaluation factors set forth in the Request for Proposals. Conduct of Discussions. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. The Purchasing Manager should establish procedures and schedules for conducting discussions. If during discussions there is a need for any substantial clarification of or change in the Request for Proposals, the Request shall be amended to incorporate such clarification or change. Auction techniques (revealing one proposer's price to another) and disclosure of any information derived from competing proposals are prohibited. Any substantial oral clarification of a proposal shall be reduced to writing by the proposer. Best and Final Offers. The Purchasing Manager shall establish a common date and time for the submission of best and final offers. Best and final offers shall be submitted only once; provided, however, the Purchasing Manager or the Village Manager may make a written determination that it is in the Village of Buffalo Grove's best interest to conduct additional discussions or change the Village of Buffalo Grove's requirements and require another submission of best and final offers. Otherwise, no discussion of or changes in the best and final offers shall be allowed prior to award. Proposers shall also be informed that if they do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer. Proposals and bids are exempt from disclosure until an award or final selection is made pursuant to 5 ILCS 140/7(1)(h). (This shall be understood to include bid information on projects that will be re -bid) 331I)a g e Packet Pg. 215 8.A.d RFP VoBG-##-2018 Insert Title Village of Buffalo Grove Evaluation Committee Member Statement Dear Evaluation Committee Member: You have been selected to participate in the evaluation of the above referenced Request for Proposal. Your selection was based upon your technical qualifications in this area and your ability to develop an objective/subjective analysis of each proposal. It is essential that the integrity of this process be maintained to insure that each offeror is given fair and equal consideration. Your familiarity with particular services, types of products, or material may tend to influence your evaluation; however, you are required in this specific instance to be particularly objective and guard against any tendency that might slant your evaluation in favor of a personal preference. You are required to report to the Purchasing Manager any actual or potential conflict of interest. An additional consideration is the mandate to maintain strict security and confidentiality regarding the content of any proposal, as well as the proceedings of any Evaluation Committee meetings during the evaluation process. Now that this process has started, it essential that any contact with the Consultant be through, and by, the Purchasing Manager. In addition, any Evaluation Committee Member shall not communicate, except during formal Committee meetings, with any Consultant or potential sub -contractor to that Consultant prior to award nor shall that Member discuss proposals or their evaluation with anyone other than the Purchasing Manager and Evaluation Committee Members. To emphasize the importance of the above considerations, you are asked to sign the following statement: I have read and understand the above and agree to be bound by the rules and principles represented. I know of no conflict of interest on my part nor have I committed any indiscretion or accepted any gratuities or favors that would compromise my impartiality. I will maintain all deliberations of the Evaluation Committee in strict confidence during this process. My recommendations shall be based upon objective/subjective review of the Consultant's proposal(s) and the appropriate award criteria from the proposal in accordance with the Village of Buffalo Grove Procurement Policy. Signature of Evaluator Position Date 34 1 I) a g e Packet Pg. 216 8.A.d The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized. PUBLIC CONTRACT STATEMENTS CERTIFICATION OF CONTRACTOR/BIDDER In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Buffalo Grove requires the following certification be acknowledged: The below -signed bidder/contractor hereby certifies that it is not barred from bidding or supplying any goods, services or construction let by the Village of Buffalo Grove with or without bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relates to interference with public contracting, bid rigging and rotating, kickbacks, and bidding. CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1-1 In order to comply with 65 Illinois Complied Statutes 5/11-42.1-1, the Village of Buffalo Grove requires the following certification: The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless it is contesting, in accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein: (1) is a Class A Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts paid to it under the contract. CONFLICT OF INTEREST The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics requirements of the Village: The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of this (bid or purchase order) that none of the following Village Officials is either an officer or director of supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate, state the name of the Village official who either is an officer or director of your business entity or owns five percent (S%) or more thereof: (Official) Print Name of Contractor/Bidder/Supplier Signature Title Subscribed and Sworn to before me this day of , 20 Notary Public Notary Expiration Date 35 II: a g e Packet Pg. 217 8.A.d Causes for Debarment The Purchasing Manager or Finance Director may debar a proposer, bidder, vendor, subcontractor, or supplier(collectively "Vendor") for- (1) Conviction of, or civil judgment for, - (a) Commission or attempted commission of fraud or a criminal offense in connection with (A) obtaining, (B) attempting to obtain, or (C) performing a private or public contract or subcontract. (b) Violation or attempted violation of Federal or State statutes, or any other legally applicable law, regulation, or rule relating to the submission of bids, proposals, or claims; (c) Commission or attempted commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; or (d) Commission or attempted commission of any other offense, or engaging in or attempting to engage in conduct indicating a lack of truthfulness, veracity, or honesty which affects the responsibility of the Vendor. (2) Violation of the terms of a Village contract or subcontract so serious as to justify debarment, including but not limited to - (a) Willful failure to perform in accordance with the terms of one or more contracts or subcontracts; (b) A history of failure to perform one or more contracts or subcontracts; (c) A history of unsatisfactory performance of one or more contracts or subcontracts; or (d) A history of failure to meet prevailing wage obligations, or any other contracting or subcontracting obligation imposed by the Village of Buffalo Grove Municipal Code or any other law. (3) Making or attempting or causing to be made or attempting to cause to be made any false, deceptive, or fraudulent material statement in any bid, proposal, or application for Village or any government work or in the performance of any such contract for the Village or a government agency, or application for any permit or license; (4) Refusal to cooperate with reasonable requests of Village inspectors, representatives, or other appropriate Village personnel with respect to work under contract provisions, plans, or specifications, or otherwise, pursuant to the duties of those Village personnel; 3611)a g e Packet Pg. 218 8.A.d (5) Founding, establishing or operating an entity in a manner designed to evade the application or defeat the purpose of these rules or any provision of the Municipal Code of Buffalo Grove, Village of Buffalo Grove rule or regulation, the statutes, rules or regulations of the State of Illinois, Cook County, Lake County, or any federal statute, rule or regulation, or any other legally applicable law, regulation, or rule; (6) Improper conduct, including but not limited to the commission or attempted commission of; (a) intentional or negligent billing irregularities; (b) submitting false or frivolous or exaggerated claims, documents, or records; (c) falsification of claims, documents, or records; (d) willful or grossly negligent destruction of documents or records the Vendor had an obligation to maintain; (e) bribery or coercion of a government official, or other unlawful tampering with a government official; (f) use of false or deceptive statements to obtain some benefit, or causing competition to be restrained or limited; (g) misrepresentation to any governmental agency or government official; (h) violation of ethical standards established by the Village, or other dishonesty incident to obtaining, prequalifying for, or performing any contract or modification thereof; (i) violation of ethical standards established by the Village or other dishonesty or incident to applying, obtaining, qualifying for, or acquiring any Village certification, license, or permit; (7) Any other cause of so serious or compelling a nature that it affects the responsibility of the Vendor, including, but not limited to, those specifically enumerated in 65 ILCS 5/8-10-11. (8) Debarment by any other government agency. 3711)a g e Packet Pg. 219 Insert PDF form .2 0 (L E 0 CL 4) 0 0 A E ca Z�l 381Ifsag e I Packet Pg. 220 1 PDF form O E 39 age Packet Pg. 221 8.A.d PDF Form 2 0 a c m E d L 3 ci O L a m O N C O A G1 O N u Packet Pg. 222 8.A.d Procurementis Purpose This policy has been designed to establish the procedures to be used with the Village of Buffalo Grove's procurement card program. This policy intends to accomplish the following: - Establish appropriate internal controls over the purchase card process to ensure cards are only used for authorized purposes. - Ensure the Village bears no legal liability from inappropriate use of procurement cards. - To provide a convenient source of funding for employees who must procure for the Village. - Verify payments for purchases are made on a timely basis to minimize finance charges. Background The Village has used various methods to process the purchase of goods and services. Traditional procurement utilizing a purchase order or check request has worked well in the past for repetitive vendor invoicing and acquisitions of large ticket items where timing is not critical in the invoicing and payment process. The concern is the use of petty cash, advanced check requests, or employee reimbursement requests in the accounts payable process. These non traditional methods of procurement are due primarily to the timing of the request in light of the next warrant cycle or that the form of payment (check) is occasionally not accepted by merchants. To promote vendor acceptance, improve operational efficiency, and tighten the controls on the use of petty cash and advanced checks the Finance Department is initiating the procurement card program. This program has a number of unique controls that ensure that the card can be used only for specific purposes and within specific dollar limits. General Information - The procurement card is a tool for designated Village employees to use when making low -dollar purchases for official business needs. - Each purchase card will include both the individual cardholder and corporate name. However the purchase card issuer will not maintain individual cardholder credit records. - A signed agreement with the Village prior to receiving the card makes the cardholder responsible for any misuse of the card. Failure to comply with these procedures will result in revocation of the card and fraudulent misuse may result in termination of the cardholder. - Purchase cards must be returned to the Finance Department upon leaving the Village's employment. 41 1 II) a g c Packet Pg. 223 8.A.d Authorizations and spending limits Each individual's card will have monthly maximum spending limits. Additional restrictions exist on the type of purchase each employee can use the purchase card for, based on the employee's need. A Procurement Card is NOT: - a means to avoid appropriate procurement or payment procedures - a card to access cash or credit (ATM) - for items and services for personal, non -business use - for tax reportable services (any vendor that is NOT incorporated is subject to the 1099 reporting process for each calendar year) The following list covers purchases for which purchase card use is expressly prohibited: - Alcoholic Beverages - Capital Equipment - Cash Advances (ATM Machines) - Computer Hardware and Software (with the exception of the IT Department or department technology liaison) - Legal Services - Temporary Help - Clothing or other personal items - Telephone calls Responsibilities of Cardholders - The card must NOT be used for personal transactions. - The card must NOT be loaned to others. - Splitting of purchases into multiple parts in order to circumvent limits on the card is prohibited. - The cardholder is responsible for all inappropriate charges. - The cardholder shall not accept cash in lieu of a credit to the Procurement Card account. - The card must be kept in a secure location at all times. - The Village is a tax-exempt entity. Each cardholder should do their best to ensure that the Village is not charged sales tax. 42 1 II) a g c Packet Pg. 224 8.A.d Department Cards - The card must be kept in a secure location at all times. - All users must have a signed "Cardholder Agreement for Authorized Use of Purchase Card" on file in the Finance Department. Reporting Lost or Stolen Cards - Cardholders must notify the Issuing Bank and Finance Department immediately when a card is lost or stolen. - Report a lost or stolen card or other emergency situations, by calling the Issuing Bank's Customer Service number. Required Receipt Documentation - Receipts must be obtained with all purchases, identifying the date and itemized list of all purchases. - Receipts should be attached to a "Record of Purchase Card Use Form" and coded to the appropriate expenditure/expense accounts. The completed "Record of Purchase Card Use Form" should then be signed and attached to the billing statement prior to turning it into the Department Director for review and signature. - The Department Director is responsible for reviewing all charges and receipts prior to signing the "Record of Purchase Card Use Form" and delivering all documentation to the Finance Department. - Forward the signed "Record of Purchase Use Form" with the statement and attached original receipts, to the Finance Department within five business days of receiving the statement. All late charges incurred due to cardholder delay in reporting purchases will be charged to that cardholder's department. - Only signed and properly documented payment requisitions will be accepted. - The Village Manager will review the Village -wide statement prior to payment. The following are acceptable receipts - Credit Card Orders: charge slip with only the total does not qualify as an original receipt. A receipt needs to include an original record of what was purchased. Any exceptions must be documented. - Pick Up Orders: Attach the detailed cash register receipt. - Phone/Fax Orders: original invoice or packing slip providing the packing slip shows what was purchased and pricing - Internet Orders: Print and attach a copy of the order screen or confirmation screen that shows what was purchased and the dollar amount. - Registration Fees: Attach the registration form. The form must show who the registration is for, the registration amount and what was included in the registration fee. - Documentation Not Available: If unable to obtain any type of documentation, write the receipt up by hand. Include the date of the purchase, vendor, items and price. Also attach a brief explanation as to why the original receipt is not attached. This is the exception rather than the rule, individuals not obtaining adequate support multiple times may have their card revoked. 43 1 II) a g c Packet Pg. 225 8.A.d Returns, Credits or Disputed Items - Returns: A credit should be issued for any item that the supplier has approved for return. The credit will appear on a subsequent statement. Any item purchased with the card that is returned must be returned for credit. Do not accept a refund in cash or check format. - The cardholder is responsible for following up with the merchant or issuing bank on any erroneous charges, disputed items or returns as soon as possible. Disputed billings can result from failure to receive the goods charged, defective merchandise, incorrect amounts, duplicate charges or credit not processed. - If you have a problem with a purchased item or a billing resulting from use of the procurement card, you should first try to reach a resolution with the supplier that provided the item. - If a disputed charge can not be resolved with the supplier, complete the Cardholder Statement of Questioned Item Form attached. The written dispute notice must be received by the issuing bank within 30 days of the date of the bank statement. - Credits: request from the merchant that a credit be placed on your card account. Obtain a receipt for the credit like any other purchase documentation. Responsibilities of Finance Department - Receive and review the Village's combined billing statement. When the statement is received the majority of the receipts should already be in to the Finance Department. - Review information submitted by cardholder. Match receipts with statement of account. All receipts will be compared to the purchase record submitted by the cardholder. - Verify purchases are for use in Village business. Sign the cardholder's payment requisition to certify that purchases were for Village business purposes. - Verify travel -related charges have been authorized by the Village Manager. - Provide monthly statements of accounts to individual cardholders for their records. - Make payments on a timely basis to ensure the Village does not accrued finance charges. - If the Finance Department cannot verify that the purchase made was necessary and for official use, the purchase will be reviewed by the Village Manager. If it is determined the purchase was not appropriate, then the cardholder must provide a credit voucher proving the items have been returned for credit or a personal check for the full amount of that purchase. - Annual inventory of purchase cards: On an annual basis, the Finance Department will verify that each cardholder is in physical possession of their assigned card. 44 1 Il ) a g c Packet Pg. 226 8.A.d Cardholder Agreement for Authorized Use of Purchase Card 1.) I, , have read and do understand the Village's Procurement Card Policy. 2) 1 further agree to abide by the terms and conditions in that policy and understand that this card is subject to revocation if I fail to act in accordance with the policy. 3) 1 agree that if I engage in fraudulent activity or violate the terms and conditions of the Village's Procurement Card Policy, as amended from time to time, I will fully reimburse the Village for all such transactions 4) 1 understand that that if I engage in fraudulent activity or violate the terms and conditions of the Village's Procurement Card Policy , as amended from time to time, I will be subject to disciplinary action that may include termination. 5) Upon my termination or resignation as an employee with the Village, I agree to return the purchase card to the Finance Department and will not attempt to use the card after my employment is completed. Printed name: Signature: Date: 45age Packet Pg. 227 8.A.d TO FROM: Cardholder Addition or Change Request Form Finance Department SUBJECT: Request for Procurement Card or Change of Status ❑ Request the following employee by authorized a Village Purchase Card. ❑ Request the following employee have their Village Purchase Card limit(s) changed. Full Name: Signature: Title: Single Purchase Limit (Not to exceed $X,XXX.XX) Monthly Cycle Limit (Not to exceed $X,XXX.XX): ❑ Cancel / Reason: Date: Department Director Date: Finance Director Date: Village Manager * Merchant Category Code t 2 0 a m E d L 3 ci 0 L a m t 0 N _ 0 y Q1 T 00 0 N 0 0 N I 0 a 0 E a> L 3 0 L a a� E s U ca Q Packet Pg. 228 8.A.d Cardholder Statement of Questioned Item Cardholder name: (print) Vendor name: Date of purchase: The following item(s) listed on the billing statement is disputed: Reason: Provide information as to why item(s) do not meet your requirements. Indicate actions requested of merchant, reasons merchant refused to correct dispute, and any other information that is available to assist the Finance Department to negotiate the dispute: Action Requested: • Return item and obtain credit • Exchange for same item • Exchange for different model, brand, etc. — with applicable deduction/increase in cost (this action will require prior approval from cardholder if cost increase is a result) Other comments: 47 1 Il) a g c Packet Pg. 229 8.A.d Record of Purchase Card Use Form Cardholder name: Description of Purchase Date Account Amount Ensure all original receipts are attached to this form Cardholder signature: Supervisor signature: Date received by Finance Department: Finance Department signature: Packet Pg. 230 8.A.d Record of Purchase In Lieu of Original Receipt Cardholder name: Date Description of Purchase Purpose attest that purchase listed above is accurate and complies with eligible purchases with the Village of Buffalo Grove purchasing policy as of , 20_. This record serves in place of the original receipt. Cardholder signature: Supervisor signature: Packet Pg. 231 8.A.d Petty Cash ReimbursementRequest Note: Reimbursements from petty cash cannot exceed $150.00. Date Description of Purchase Purpose Reimbursement Amount I attest that purchase listed above is accurate and complies with eligible purchases with the Village of Buffalo Grove purchasing policy as of , 20_. The Receipt for this purchase(s) is attached. Requestor signature: Supervisor signature: *A receipt for goods purchased, must be attached to this form. 50 1 14) Packet Pg. 232 8.A.d Advancec Vendor: Requested By: Purpose: Check Amount: Distribution of Charges: Date Description of Purchase Account Amount For use when payment is required in advance of normal accounts payable cycle. Note: Check Number Approved By: 511 14 ) a g c Packet Pg. 233 8.A.d Prevailing i r Terms A. Contractor shall not pay less than the prevailing rates of wages to all laborers, workmen, and mechanics performing work pursuant to this invitation to bid and shall comply with the requirements of the Illinois Wages of Employees on Public Works Act (820 ILCS 130/1-12). B. Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal, state, local, or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules referred to in this paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant thereto (including but not limited to those safety requirements involving work on elevated platforms), all forms of traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers' Compensation Laws, Public Construction Bond Act, Prevailing Wage Laws, Public Works Preference Act, Employment of Illinois Workers on Public Works Act, USA Security Act, federal Social Security Act (and any of its titles), and any other law, rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection Act, Illinois Department of Natural Resources, Illinois Department of Human Rights, Human Rights Commission, EEOC, and the Village of Buffalo Grove. C. To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the Village, its officials, agents and employees against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. D. In addition to the requirements set forth above, the Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of 52 1 II Packet Pg. 234 8.A.d personal injury claims by Contractor's employees, except to the extent those claims arise as a result of the Village's own negligence. E. Within five (5) business days after the Village's notice to the Contractor of the Village's receipt of a request made pursuant to the Illinois Freedom of Information Act [ILCS 140/1 et seq. — herein "FOIA"], the Contractor shall furnish all requested records in the Contractor's possession which are in any manner related to this Contract, including but not limited to any documentation related to the Village and associated therewith. The Contractor shall not apply any costs or charge any fees to the Village or any other person, firm or corporation for its procurement and retrieval of such records in the Contractor's possession which are sought to be copied or reviewed in accordance with such FOIA request or requests. The Contractor shall defend, indemnify and hold harmless the Village including its several departments and including its officers and employees and shall pay all of the Costs associated with such FOIA request or requests including Costs arising from the Contractor's failure or alleged failure to timely furnish such documentation and/or arising from the Contractor's failure or alleged failure otherwise to comply with the FOIA, whether or not associated with the Contractor's and/or the Village's defense of any litigation associated therewith. In addition, if the Contractor requests the Village to deny the FOIA request or any portion thereof by utilizing one or more of the lawful exemptions provided for in the FOIA, the Contractor shall pay all Costs in connection therewith. As used herein, "in the Contractor's possession" includes documents in the possession of any of the Contractor's officers, agents, employees and/or independent contractors; and "Costs" includes but is not limited to attorneys fees, witness fees, filing fees and any and all other expenses — whether incurred by the Village or the Contractor. F. Sexual Harassment Policy: The Contractor certifies that the firm has a written sexual harassment policy defining sexual harassment as required in Section 2-105 of the III. Human Rights Act. 775 ILCA 5/1-105 et. seq. G. Tax Payments: The Contractor certifies that the Contractor is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as set forth in 65 ILCS 5/11-42.1-1. H. The parties hereto agree that for purposes of any lawsuit(s) between them concerning this rider or contract, its enforcement, or the subject matter thereof, venue shall be in Circuit Court of Cook County, Cook County, State of Illinois, and the laws of the State of Illinois shall govern the cause of action. Accepted by , on , 20_ Signature Printed Name & Title Packet Pg. 235 8.A.d CONTRACTOR'S DRUG -FREE WORKPLACE CERTIFICATION The undersigned is an authorized representative of Name of Company: and certifies that they will comply with all requirements Pursuant to Chapter 30, Section 580/1 of the Illinois Compiled Statutes (30 ILCS 580/1) et. Seq. entitled "Drug Free Workplace Act"; the undersigned CONTRACTOR hereby certifies to the contracting agency that it will provide a drug -free workplace by: 1. Publishing a statement: a. Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's of CONTRACTOR'S workplace. b. Specifying the actions that will be taken against employees for violations of such prohibition. c. Notifying the employee that, as a condition of employment on such contract or grant, the employee will: d. Abide by the terms of the statement; and e. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. 2. Establishing a drug free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the grantee's or CONTRACTOR'S policy of maintaining drug free workplace; c. any available drug counseling, rehabilitation, and employee assistance program; and d. The penalties that may be imposed upon employees for drug violations. 3. Making it a requirement to give a copy of the statement required by subsection (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 4. Notifying the contracting agency within 10 days after receiving notice under part (B) of paragraph (3) of subsection (a) from an employee or otherwise receiving actual notice of such conviction. 5. Imposing a sanction on, or requiring the satisfactory participation in a drug assistance or rehabilitation program by any employee who is so convicted, as required by Section 5 (30 ILCS 580/5) of the Act. 6. Assisting employees in selecting a course of action in the event drug counseling treatment, and rehabilitation is required and indicating that a trained referral team in place. 7. Making a good faith effort to continue to maintain a drug free workplace through implementation of this Section. 8. Failure to abide by this certification shall subject the CONTRACTOR to the penalties provided in Section 6 (30 ILCS 580/6) of the Act. Signed: Printed Name: Title/Position: Subscribed and sworn to before me this day of , 20 Notary Public: 54 1 II) a g e Packet Pg. 236 8.A.d NATIONAL SECURITY/USA PATRIOT ACT Pursuant to the requirements of the USA Patriot Act and applicable Presidential Executive Orders, CONTRACTOR represents and warrants to the Village of Buffalo Grove that neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated National and Blocked Person. CONTRACTOR further represents and warrants to the Village of Buffalo Grove that CONTRACTOR and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specially Designated National and Blocked Person. CONTRACTOR hereby agrees to defend, indemnify and hold harmless the Village of Buffalo Grove, its Corporate Authorities, and all Village of Buffalo Grove elected or appointed officials, officers, employees, agents, representative, engineers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the foregoing representations and warranties. CONTRACTOR further represents and warrants it is not acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and that CONTRACTOR is not engaged in this transaction directly or indirectly on behalf of or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity, or nation. CONTRACTOR hereby agrees to defend, indemnify, and hold harmless the Village of Buffalo Grove, its Corporate Authorities, and all Village of Buffalo Grove elected or appointed officials, officers, employees, agents, representative, engineers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the foregoing representation and warranty. CONTRACTOR Printed Name Date 55 1 Il) a g e Packet Pg. 237 8.A.d A pejj,,,i d i x 1� ASSET SHARING GUIDELINES A. Objectives 1. Through collaborative efforts between all Village Departments and other external stakeholder groups (Park District, School District, County Government, etc...), Asset Sharing initiatives will be used to reduce asset redundancy and save money. 2. To increase collaboration between both internal and external agencies and improve productivity and organizational understanding. 3. Asset Sharing efforts are limited to local, regional, state and federal taxing bodies only, except as provided for specific outside groups with the approval of the Village Manager or designee. B. Asset Sharing Considerations Once an asset has been determined to be in need of replacement, the requesting department should follow the process outlined below as part of its regular evaluation. (This process would apply to new additions to the asset inventory as well). 1. Identify potential sharing partners. a. Can the asset be shared with another department within the Village or outside agency? b. Is the sharing of the asset appropriate and practical with type of asset and the department/agency for which it will be shared? C. Will the proposed partner be willing to share equally, or in part, the cost of the asset being purchased as well as the long-term operational cost once acquired? 2. Once a determination has been made that asset sharing is appropriate and practical, and the parties have agreed to participate in such an engagement, an Intergovernmental Agreement (IGA), Letter of Understanding (LOA) or some other written agreement should be drafted or reviewed by the Village Attorney 5 6 1 II) a g c Packet Pg. 238 8.A.d 3. The agreement should clearly identify the responsibilities of the parties with respect a. Acquisition cost b. Who will perform the maintenance C. Maintenance costs allocation d. Storage e. Use and scheduling f. Accounting and budgeting g. Decommissioning and sale of the asset h. Other operational considerations. 4. Village department directors will be responsible for ensuring that this policy is communicated to all employees, particularly those with purchasing authority. to: 57 1 II) 0 a m E d L 3 O L a m O N _ O y Q1 T N W Co T- O N I t� 0 a I d E a> L 3 V O L a as E s U ca a Packet Pg. 239 8.A.d Change orders are allowed and can be expected when working on projects, however all personnel should be keenly aware of the following laws and ordinances. Subsection 9 of Article 33E, Public Contract, of the Illinois Criminal Code (720 ILCS 5/33E-9) makes it a Class 4 felony to approve a change order for an increase or decrease in either the cost of a public contract by a total of $10,000 or more or the time of completion by a total of 30 days or more without first obtaining from the Village Board, or from a designee authorized by the Village Board, a determination in writing that (1) the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed, or (2) the change is germane to the original contract as signed, or (3) the change order is in the best interest of the unit of local government. Subsection J. of Section 2.08.040 of the Buffalo Grove Municipal Code gives the Village Manager the authority to approve a change order to a public contract for an increase in an amount of not to exceed 10 percent of the contract amount or $10,000, whichever is less. Therefore the Village Board, pursuant to subsection 9, must make the determination in writing that one of the three requirements is applicable or designate the Village Manager as having the authority to make said determination. Attached at the end of Appendix K. is a sample change order. 58 1 II) a g c Packet Pg. 240 8.A.d Village of Buffalo Grove Change Order Project Name Project Number The Contract is altered as follows: The original Contract Amount was Amount altered by previous Change Order The Contract Amount prior to this Change Order The Contract Amount will be (increased, decreased) by this Change Order in the amount of The new Contract Amount including this Change Order Original Contract Completion Date Days altered by previous Change Order The Contract Time/Completion Date will be (increased,decreased)by The new Contract Completion Date Accepted by: Contractor Printed Name Signature Change Order Number Date Calendar Days Calendar Days The Village of Buffalo Grove Printed Name Signature Title Title 59 1 II) a g c 0 a m E d L 3 ci 0 L a m 0 N _ 0 y a� T O N W co 0 N 0 a d E a> L 3 V 0 a a� E t U ca Q Packet Pg. 241 8.A.d EvaluationVendor o M " Village of Buffalo Grove Vendor Performance Evaluation Page of INSTRUCTIONS 1. Use this form to report vendor performance (positive or negative) for deliveries of supplies and/or rendering of services. 2. The person designated for accepting supplies/services or the Contract Manager is responsible for filling out this form (tyr or print). Only page 1 is required, if page 2 is not used. However, if any area on page 1 is marked "unsatisfactory", page must also be filled out and submitted with page 1 (see page 2, Explanations/Comments, when marking "unsatisfactory' Page 2 is NOT restricted to "unsatisfactory" comments. If you have something good you want on record, use page Attach supporting documents, if applicable. 3. Village Contracts: Regardless of the purchasing method (bid, sole source, etc.) used, as a minimum this form MUST t completed and submitted not later than 2 weeks after completion/expiration of a Village contract. Past performance considered on future contracts. This form should accompany future bid request forms. 4. Send SIGNED form to: the Purchasing Manager or email to BGFinance@vbg.org VENDOR INFORMATION COMPLETE ALL APPLICABLE INFORMATION Company Name Contract # VoBG - Mailing Address Description/Title City, St, Zip Code Original Contract Term: From Representative Current Term: From Telephone Solicitation # VoBG - Email # of Change Orders to Contract Type of Contract Purchase Order # DEFINITIONS OUTSTANDING (1) — Vendor considerably exceeded minimum contractual requirements or performance expectations of i products/services; The vendor demonstrated the highest level of quality workmanship/professionalism in execution of contract. EXCELLENT (2) - Vendor exceeded minimum contractual requirements or performance expectations of the products/services. SATISFACTORY (3) - Vendor met minimum contractual requirements or performance expectations of the products/services. UNSATISFACTORY (4) - Vendor did NOT meet the minimum contractual requirements or performance expectations of 1 products and/or services; Performed below minimum requirements (see page 2, Explanations/Comments) EVALUATIONS Place "X" in appropriate box for each major area. Criteria includes change orders/amendments 1 2 3 4 N 1. Supplies delivered/Work performed on schedule. 2. Condition of delivered supplies includes handling/packaging). 3. Adherence to specifications/statement of work. 4. Resolved problems/customer complaints timely. 5. Working relationship/interfacing with Village staff/public sector (citizens). 6. Service Call On -Call response time. 7. Other (specify): 8. Overall evaluation of compliance with contract requirements. T 00 0 N W 00 0 N 2 0 a i c 0 E a> L 3 V O a aD E s U ca a Packet Pg. 242 8.A.d m Village of Buffalo Grove Page Vendor Performance Evaluation of Company Contract #: VoBG - Name: EXPLANATIONS/COMMENTS 1. Do not submit page 2 without page 1. Contract 2. Be specific (include paragraph and page numbers referenced in the applicable contract, Ref No. purchase order, etc). Continue on separate sheet (enter company name and contract number or other reference) Ref No. I ACTION TAKEN BY VENDOR (reply below or submit separate correspondence) NAME/TITLE OF EMPLOYEE SIGNATURE DATE 0 a c m E d L 3 ci 0 L a m 0 N C O A G1 O N W Packet Pg. 243 8.A.d l`,rr, 11'""11 rr I11 'X 1',111. ProceduresQBS i e, t x) or TBP(township bridgec s The procedure for State required Quality Based Selection (QBS) procurement consists of the following five basic steps: 1. Define the Project. Clearly define the scope of the services desired. Depending on the amount of data, this may be on one or more pages. This information should include the following: a) describe in general terms the need, purpose, and objective of the project; b) identify the various project components; c) establish the desired timetable for the effort; d) identify any expected problems; and e) determine the total project budget. A comprehensive evaluation of the problem or need that resulted in the project is essential to the procurement process. The solution, approach, and eventual design for the project will evolve out of the expertise offered by the consultant responding to the request for technical proposals. To ensure that the respondents address the project properly and effectively, clearly articulate all known parameters of the project. The Village of Buffalo Grove ("Village")may skip to Step 5 when both of the following criteria are met. a) The Village elects to select a consultant that has a satisfactory working relationship with the Village; and b) The engineering services contract is not being paid for using federal funds. 2. Public Notice. Whenever a project requiring engineering services is proposed, the Village shall post a public notice requesting a statement of interest along with the qualifications and performance data from consultants. This may be accomplished through an advertisement in a local newspaper, posting on the Village's website, or through various trade magazines or websites. The Village will consider the following sources when preparing a list of potential firms: a) identification of consultants from the Village's or IDOT's prequalification list; b) a directory or source list identifying small, minority, and women owned businesses with capabilities relevant to the project; c) discussions with other persons or agencies who have accomplished similar work; d) lists of consultants secured from professional societies; and/or e) lists of consultants secured from the agency's own experience of consultants. 62 1 II) a g c Packet Pg. 244 8.A.d 3. Evaluation. The Village shall evaluate the consultant submitting letters of interest, taking into account qualifications, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the consultant, and such other qualifications -based factors. The first objective of evaluation is the elimination of all respondents who are not qualified or who do not have the experience for the required work. The Village may conduct discussions with and require presentations by consultants deemed to be the most qualified based on their qualifications, approach to the project, and ability to furnish the required services. When conducted, interviews shall occur separately with a minimum of three consultants, or all qualified consultants if less than three qualified consultants respond. If the Village decides to conduct discussions with and/or require presentations by consultants deemed to be the most qualified, this should be included in the public notice. In no case shall the Village, prior to selecting a consultant for negotiation, seek formal or informal submission of verbal, written, or sealed estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation. 4. Selection. On the basis of evaluations, discussions and presentations, the Village shall select no less than three consultants which it determines to be the most qualified to provide services for the project and rank them in order of qualifications to provide services regarding the specific project. The Village shall then contact the consultant ranked most preferred and attempt to negotiate a contract at a fair and reasonable compensation, taking into account the estimated value, scope, complexity, and professional nature of the services to be rendered. Typical criteria for evaluating and ranking consultants are included in the following consultant ranking criteria. If fewer than three qualified consultants submit letters of interest and the Village determines that one or both are so qualified, the Village may proceed to negotiate a contract. Consultant Ranking Criteria The weight given to each evaluation criterion in the ranking process may vary from project to project, with more weight towards the criteria that are critical to the success of the project. Typical technical criteria for both evaluating and ranking entities should include but not be limited to the following: a) The education, experience, and expertise of the entity's principals and key employees. b) The entity's general experience, stability, and history of performance on projects similar to the one under consideration. c) Availability of adequate personnel, equipment, and facilities to do the required work expeditiously. d) The name, or names, of individuals in the entity who will be assigned key project responsibilities, with particular attention to their qualification, competence, and past performance. e) The entity's approach to the planning, organizing, and management of a project effort, including communication procedures, approach to problem solving, data gathering methods, evaluation techniques, and similar factors. 63 III a g c Packet Pg. 245 8.A.d f) Facilities and equipment owned by the entity, including computer capability, reproduction and communication equipment, laboratory and testing equipment, or other specialized equipment applicable to the project under consideration. g) Present workload with attention to current and future commitments of available personnel, particularly those key persons expected to be assigned to your project. h) Financial stability, with particular attention to avoiding a situation in which the entity is solely dependent on income from the project at hand for its existence. i) Recommendations and opinions of each entity's previous clients as to its ability to meet deadlines and remain within budget. Prior clients may also be able to advise you as to each entity's sense of responsibility; attitudes of key personnel; concern for economy, efficiency, and environment; and quality of service. j) If practical, observation of each entity's facility and the sites of current and/or completed projects. k) The reputation and integrity of the engineering entity within the professional field and the community. 1) Awards received by the entity and technical papers authored by employees. m) Special considerations for some projects might include staff conversant in foreign languages. Non -technical criteria may not exceed 10% of the total evaluation and rank weighting. Typical non- technical criteria for both evaluating and ranking entities may include but not be limited to the following: a) Proximity of the engineering entity to the proposed project site and/or the agency's office. b) Qualified minority representation. c) How DBE goals are addressed. S. Contract Negotiation, The Village shall prepare a written description of the scope of the proposed services to be used as a basis for negotiations and shall negotiate a contract with the highest qualified consultant at compensation that the Village determines in writing to be fair and reasonable. In making this decision, the Village shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered. An important objective of the negotiation process is to reach a complete and mutual understanding of the scope of professional services to be provided and the degree of performance desired. The general scope of professional services developed in the procurement process should be broad in order to serve as the basis for negotiation. The negotiation process offers the opportunity for refinement, amendment, and complete definition of the services to be rendered, as well as the areas of responsibility and liability for those services. Mutual understanding on these points at the negotiation stage can minimize the possibility of misunderstanding as the project progresses. Special elements of the engineering portion of the project to be established during negotiation include: a) project schedule, b) manpower requirement and timing, c) level of engineering effort, d) avenues of research, and e) areas of responsibility/liability. 64 1 II) a g c Packet Pg. 246 8.A.d Any percentage fee contract should be fully supported by an acceptable estimate of man-hours, anticipated hourly payroll rates by classification of employee for the project, and applicable overhead and burden rates. These rates should be evaluated and, if determined to be acceptable, the percentage fee may be approved by the Village. The consultant's method of dividing the project into work units and calculating related time units are to be such that the estimate can be readily reviewed. The consultant will use its own estimates of man- hours, rates of pay, overhead, profit, and itemized non- salary costs based on the consultant's work force and past job experience. When the prime consultant requires the services of another consultant to provide expertise, advice, or information to the prime consultant, the prime consultant will complete an analysis of fee for engineering services (including a breakdown of direct salary and direct non -salary costs) or supply specific rate for services (e.g. testing). The prime consultant is responsible for ensuring that Disadvantage Business Enterprises (DBEs) will have an equitable opportunity to compete for subcontracts. Contracts between the Village and consultants must be set forth in fully executed agreements. If there is an agreement with the consultant, and if the fee is within range of the budget, then proceed to finalize an agreement. If problems arise with the scope of the project or the fee, further discussion and clarification may be required. Selection of a consultant by qualification provides no guarantee that the Village and the consultant will come to an agreeable fee. For that reason, the ranking process provides, in addition to the first preference, at least two alternative qualified consultants. If an agreement cannot be reached on the scope and fee, the Village may drop negotiations with the top -ranked consultant and continue the process with the second ranked consultant. 6. Summary. Ranking and negotiations involve a considerable amount of subjective judgment. Engineering projects involve a large expenditure of public funds, accountability for decisions, and value judgments is most important. To ensure adequate accountability the Village shall endeavor to: a) involve more than one knowledgeable person in the evaluation process, b) be consistent in reviewing each applicant, c) keep accurate and complete records of all correspondence, memoranda, evaluations, and decisions. 65 1 II) a g c Packet Pg. 247 8.A.d When the Village of Buffalo Grove receives federal funds, which may be used to fund the engineering and design related consultant services, the Village will follow the below described procedure. The Village's written policies and procedures as described below for Quality Based Selection (QBS) will meet the requirements of 23 CFR 172 and the Brooks Act. 1. Initial Administration —The Village of Buffalo Grove QBS policy and procedures assigns responsibilities to the following staff members: the Purchasing Manager, Public Works Director, Village Engineer, Deputy Director of Public Works, and Civil Engineers/Project Managers within the Village of Buffalo Grove organization for the procurement, management, and administration for consultant services. 2. Written Policies and Procedures —The Village of Buffalo Grove believes their adopted QBS written policies and procedures (this Appendix M) substantially follows Section 5-5 of the BLRS Manual and specifically Section 5-5.06(e), therefore; approval from IDOT is not required. 3. Project Description —The Village of Buffalo Grove will use the following five items when developing the project description and may include additional items when unique circumstances exist: a) Describe in general terms the need, purpose, and objective of the project; b) Identify the various project components; c) Establish the desired timetable for the effort; d) Identify any expected problems e) Determine the total project budget. 4. Public Notice — The Village of Buffalo Grove will post an announcement for professional services on the Village website www.vbg.org and/or publish an ad in a newspaper with appropriate circulation. The item will be advertised for at least 14 days prior to the acceptance of proposals, and at least twice in the newspaper and/or on continuous display on the Village's website. 5. Conflict of Interest — The Village will require consultants to submit a disclosure statement with their proposals. The Village of Buffalo Grove will require the use of the IDOT BDE DISC 2 Template as their conflict of interest form. 6. Suspension and Debarment —The Village of Buffalo Grove will make use of SAM (System for Award Management, sam.gov)Exclusions, IDOT's (Illinois Department of Transportation), CPO's (Chief Procurement Officer)website and the three other state CPO's websites to verify suspensions and debarments actions to ensure the eligibility of firms short listed and selected for projects. Packet Pg. 248 8.A.d 7. Evaluation Factors — The Village of Buffalo Grove allows the Purchasing Manager and Village Engineer to set the evaluation factors for each project, but must include a minimum of 4 criterion and stay within the established weighting range shown below. The maximum of DBE and local presence combined will not be more that 10% on oroiects where federal funds are used. The follow project specific evaluation factors ("Critera") will be included in the Request for Proposals: a) Technical Approach (10 - 30%) b) Firm Qualifications & Experience (10 - 30%) c) Specialized Expertise (10 - 30%) d) Staff References and Resumes (Prime/Sub) (10 - 30%) e) Work Load Capacity (10 - 30%) f) Past Performance (10 - 30%) In -State or Local Presence* g) Participation of Qualified and Certified DBE Sub -consultants* (* The combined total of these two items cannot exceed 10%) The following shall not be used as a factor in the evaluation, ranking and selection: a) All price and cost related items including: cost proposals, direct salaries/wage rates; indirect costs (overhead), and other direct costs. b) In -State or Local Presence (other than as explained above). 8. Selection —The Village of Buffalo Grove will require a selection committee made up of no less than 3 persons. The selection committee members may include the Director of Public Works, the Village Engineer, the Deputy Director of Public Works, Civil Engineers/Project Managers, Village Board Members, and Consultants. The selection committee members must certify that they do not have a conflict of interest. Selection committee members are chosen by the Purchasing Manager for each project. The Village of Buffalo Grove requires each member of the selection committee to provide an independent score for each proposal using a form substantially similar to that shown below prior to the selection committee meeting. Criteria Weighting Points Firm 1 Firm 2 Firm 3 Firm 4 Total 100% i 100 The selection committee members' scores are averaged for a committee score which is used to establish a short list of three firms. The committee score is adjusted by the committee based on group discussion and information gained from presentations and interviews to develop a final ranking. If there are other firms within 10% of the minimum score, the Purchasing Manager may choose to expand the short list to include more than three firms. 67 1 II) a E c Packet Pg. 249 8.A.d 9. Independent Estimate —Village of Buffalo Grove Engineering staff will prepare an independent in- house estimate for the project prior to contract negotiation. The estimate is to be used in the negotiation process. 10. Contract Negotiation — The Village of Buffalo Grove requires a 2 person team to negotiate with consultants. The team consists of The Purchasing Manager, and The Village Engineer or The Director of Public Works. Members of the negotiation team may delegate this responsibility to staff members. If agreement cannot be reached on the scope and fee, the Village may drop negotiations with the top - ranked consultant and continue the process with the second ranked consultant. The Village shall shred the concealed cost proposals of unsuccessful firms. 11. Acceptable Costs — The Village of Buffalo Grove requires the Purchasing Manager or the Village Engineer review the contract costs and the indirect cost rates to assure they are compliant with Federal cost principles prior to submission to IDOT. 12. Invoice Processing —The Village requires the Village Attorney and the Project Manager/Civil Engineer assigned to any project using federal funds to review and approve all invoices prior to payment and submission to IDOT for reimbursement. 13. Project Administration — The Village requires the assigned Project Manager/Civil Engineer to monitor work on the project in accordance with the contract and to file reports with the Village Engineer/Purchasing Manager. The Village procedures require an evaluation of the consultant's work at the end of each project. These reports are maintained in the Village consultant information database. The Village of Buffalo Grove follows IDOT's requirements and will submit BLRS Form 05613 to the IDOT district at contract close-out along with the final invoice. 14. Professional Service Agreements - While use of standard engineering agreement forms is not required by IDOT, the Village of Buffalo Grove may consider the use of standard engineering agreements developed by IDOT in order to ensure compliance with all federal and state requirements. If a standard engineering agreement form is modified, the department logo, form number, and any other department identifier shall be removed. Separate engineering agreements are required for preliminary and construction engineering services. The following standard agreement forms are provided by CBLRS: Form BLR 05510 — Engineering Services Agreement Form BLR 05520 — Maintenance Engineering to Be Performed by a Consulting Engineer Form BLR 05530 — Request for Engineering Services Performed by Local Forces Packet Pg. 250 8.B Ordinance No. 0-2018-1 : Ordinance Approving an Amendment of Village Ordinance 2015-47 to Allow for a Name Change for 55 Dundee Road ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll The Planning & Zoning Commission unanimously recommended approval, subject to conditions. Staff concurs with this recommendation. SUMMARY: The existing property owner at the Buffalo Grove Auto Center and Car Wash is seeking an amendment to Ordinance 2015-47 for a name change of the underlining ownership entity. The existing operations would remain unchanged. ATTACHMENTS: • BOT Memo (DOCX) • Draft Ordinance (DOCX) • 2015-47 (PDF) • PZC Draft Minutes 1-3-18 (PDF) Trustee Liaison Stein Monday, January 22, 2018 Staff Contact Chris Stilling, Community Development Updated: 1/17/2018 9:58 AM Page 1 Packet Pg. 251 8.B.a VILL,AGE OF BUFFALO G110"VE DATE: TO: FROM: SUBJECT: Rarl(r;Rnl INn January 17, 2018 President Beverly Sussman and Trustees Christopher Stilling, Director of Community Development Amendment to Village Ordinance 2015-47, Allowing for a Name Change. In 2014, the Village Board approved Ordinance 2014-S6 granting a rezoning and special use for the Buffalo Grove Auto Center and Car Wash to Regina Melman. In 2015, the Village Board approved Ordinance 2015-47 granting an additional special use for the ability to sell up to seven (7) used automobiles on the property. Ordinance 2015-47 was specifically granted to certain business entities and individuals. The current property owner, Regina Melman, has notified the Village that her tenant Randhir Patel of APR Car Wash Inc. is no longer operating the business (car wash, auto repair and auto sales) and that she will be taking over all operations. Although Ordinance 2015-47 specifically granted rights to Regina Melman of EDR Unique LLC, she is changing the business entity name to BG Auto Inc./D.B.A EDR Auto Sales. As a result of the change, an amendment to Ordinance 2015-47 is required. An amendment to Ordinance 2014-56 is not required as there were no specific conditions granting the rights to a single entity. PLANNING & ZONING COMMISSION (PZQ RECOMMENDATION The Planning & Zoning Commission unanimously recommended approval of the amendment to the special use, subject to the following conditions: 1. The special use granted to BG Auto, Inc. D/B/A EDR Auto Sales is assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. ii. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. 2. The maximum number of vehicles for sale on the property shall not exceed seven (7) vehicles. Said vehicles shall be stored in accordance with the approved site plan as identified as Exhibit C in Ordinance 2015-47. Page 1 of 2 Packet Pg. 252 8.B.a 3. The Petitioner shall use printed signs and not hand written signs advertising automobiles for sale. 4. The Petitioner and the Property Owner shall comply with all State of Illinois statutes and regulations pertaining to the sale of used automobiles. Staff concurs with this recommendation. PUBLIC HEARING COMMENTS There were no residents who testified at the meeting. PLANNING & ZONING ANALYSIS Proposed Use Ordinance 2015-47 allowed for the property to sell up to seven (7) used cars on the property. The petitioner is proposing no changes to the car wash or automotive service center operations and is just requesting the name change all other operations will remain the same. Existing Use and Surrounding Uses The building is located on Dundee Road. This property is zoned Commercial — B2 and the petitioners requested use is compatible with the adjacent surrounding uses. Parking The approved site plan identifies that three (3) vehicles are to be displayed along the Dundee Road frontage and the remaining four (4) vehicles being stored at the rear of the building in existing parking spaces would remain the same. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance amending the special use. Page 2 of 2 Packet Pg. 253 8.B.b ORDINANCE NO. 2018 - AN ORDINANCE AMENDING SPECIAL USE ORDINANCE 2015-47 VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS 55 Dundee Road W ITN ESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, the subject site commonly known as 55 Dundee Road and hereinafter referred to as the "Property", is legally described in Exhibit A attached hereto; and, WHEREAS, the Village Board approved Ordinance 2015-47 granting a special use for the ability to sell up to seven (7) used automobiles on the property to Regina Melman and Randhir Patel of APR Car Wash Inc, subject to conditions; and, WHEREAS, the Property is zoned in the B-2 General Retail Business District; and, WHEREAS, Regina Melman proposes to change the business name to BG Auto, Inc. D/B/A EDR Auto Sales (hereinafter sometimes referred to as "Petitioner") and has petitioned the Village of Buffalo Grove to change the ownership entity; and, WHEREAS, pursuant to due notice and advertisement, the Village Planning & Zoning Commission held a public hearing and made its findings and recommendation for an amendment to Ordinance 2015-47 for the Property; and, WHEREAS, the Planning & Zoning Commission determined that the petition meets the criteria for a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Planning & Zoning Commission recommended approval of the amendment to Ordinance 2015-47, and; WHEREAS, the following Exhibits are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBITA Legal Description EXHIBIT B Petitioner and Owner Acceptance and Agreement WHEREAS, the President and Board of Trustees of the Village find that the amendment to Ordinance 2015-47 is consistent with the Village's planning for the area and is compatible with the use and zoning of adjacent properties; and, Packet Pg. 254 8.B.b 2 WHEREAS, the President and Board of Trustees of the Village after due and careful consideration have determined that use of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant an amendment to Ordinance 2015-47 subject to the following conditions: 1. The special use granted to BG Auto, Inc. D/B/A EDR Auto Sales is assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. ii. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. 2. The maximum number of vehicles for sale on the property shall not exceed seven (7) vehicles. Said vehicles shall be stored in accordance with the approved site plan as identified as Exhibit C in Ordinance 2015-47. 3. The Petitioner shall use printed signs and not hand written signs advertising automobiles for sale. 4. The Petitioner and the Property Owner shall comply with all State of Illinois statutes and regulations pertaining to the sale of used automobiles. Section 3. This Ordinance shall be in full force and effect upon the submittal of the signed Packet Pg. 255 8.B.b 3 Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: 12018 APPROVED: ,2018 ATTEST: Village Clerk This document was prepared by: William Raysa, Village Attorney 22 S. Washington Park Ridge, IL. 60068 After Recording Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: Beverly Sussman, Village President Packet Pg. 256 8.B.b 4 EXHIBIT A Legal Description 55 Dundee Road, Buffalo Grove, Illinois The east 120 feet of the west 353 fee (except the south 350 feet) of the north half of the northeast quarter of the northwest quarter of Section 9, Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois SUBJECT PROPERTY COMMON DESCRIPTION: 55 Dundee Road, Buffalo Grove, IL. PIN: 03-09-101-027 T N ru Packet Pg. 257 8.B.b 5 EXHIBIT B Acceptance and Agreement concerning approval of an amendment to Ordinance 2015-47 55 Dundee Road BG Auto Inc. D/B/A EDR Auto Sales acknowledges that he/she has read and understands all the terms and provisions of Buffalo Grove Ordinance No. 2018 - — pertaining to approval of the Special Use amendment and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in said Ordinance. BG Auto Inc. D/B/A EDR Auto Sales an Illinois corporation By: Name (print): Regina Melman Title: Owner T N ru Packet Pg. 258 8.B,c 7/24/2015 #103371 ORDINANCE NO.2015 - 47 r AN ORDINANCE APPROVING SPECIAL USE IN THE B-2 GENERAL RETAIL BUSINESS DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS 55 Dundee Road WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, the subject site commonly known as 55 Dundee Road and hereinafter referred to as the "Property', is legally described in Exhibit A attached hereto; and, WHEREAS, EDR Unique, LLC, an Illinois limited liability company, and Regina Melman is the owner of the Property (hereinafter sometimes referred to as the "Owner"); and, WHEREAS, Owner proposes to continue using the property for the current automotive repair and vehicle washing activities; and, WHEREAS, the Property is zoned in the B-2 General Retail Business District; and, WHEREAS, Randhir Patel as President of APR Car Wash Inc., (hereinafter sometimes referred to as "Petitioner") has petitioned to the Village of Buffalo Grove for a special use to sell up to seven (7) used automobiles on the Property; and, WHEREAS, pursuant to due notice and advertisement, the Village Planning & Zoning Commission held a public hearing and made its findings and recommendation for a special use for the Property for sales of used automobiles; and, WHEREAS, the Planning & Zoning Commission determined that the petition meets the criteria for a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Planning & Zoning Commission voted 6 to 1 to recommend approval of a special use the sales of used automobiles on the Property, and; WHEREAS, the following Exhibits, some of which were presented in testimony given by the Petitioner during the hearing held before the Planning & Zoning Commission prior Packet Pg. 259 8.B,c 2 to the execution of this Ordinance, are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBIT A Legal Description EXHIBIT B Petitioner and Owner Acceptance and Agreement EXHIBIT C Site Plan of the Property WHEREAS, the President and Board of Trustees of the Village find that the approval of a special use for sales of used automobiles on the Property is consistent with the Village's planning for the area and is compatible with the use and zoning of adjacent properties; and, WHEREAS, the President and Board of Trustees of the Village after due and careful consideration have determined that use of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant a special use to APR Car Wash, Inc., to sell up to seven (7) used automobiles on the Property subject to the following conditions: A. "The special use granted to APR Carwash, Inc and EDR Unique LLC and Regina Melman are assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. ii. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason." Packet Pg. 260 8.B,c 3 B. The maximum number of automobiles for sale on the Property shall not exceed seven (7) automobiles. Said automobiles shall be stored in accordance with the Petitioner's site plan attached hereto as Exhibit C. C. The Petitioner and/or the Property Owner shall restripe the existing parking lot in accordance with the site plan attached hereto as Exhibit C. D. The Petitioner shall use printed signs and not hand written signs advertising automobiles for sale. E. The Petitioner and the Property Owner shall comply with all State of Illinois statutes and regulations pertaining to the sale of used automobiles. Section 3. This Ordinance shall be in full force and effect upon the submittal of the signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified AYES: NAYS: ABSENT: PASSED: APPROVED ATTEST: 5 —Trilling, Stein Ottenheimer, Weidenfeld Johnson 0 - None 1- Berman August 3, 2015. August 3, 2015. iilge Clerk #103371 This document was prepared by: William Raysa, Village Attorney 22 S. Washington Park Ridge, IL. 60068 After Recording Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: �h. tAL Beverly Sussm , Village President Packet Pg. 261 El EXHIBIT A The east 120 feet of the west 353 fee (except the south 350 feet) of the north half of the northeast quarter of the northwest quarter of Section 9, Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois SUBJECT PROPERTY COMMON DESCRIPTION: 55 Dundee Road, Buffalo Grove, IL. PIN: 03-09-101-027 I Packet Pg. 262 1 8.B,c 5 EXHIBIT B Acceptance and Agreement concerning approval of a special use for the sale of used automobiles 55 Dundee Road APR Car Wash, Inc., an Illinois corporation, by its President Randhir Patel acknowledges that he has read and understands all the terms and provisions of Buffalo Grove Ordinance No. 2015 - 47 pertaining to approval of a special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in said Ordinance. APR Car Wash, Inc. an Illinois corporatio By: Name (print):. Randhir P Title: President Owner EDR Unique, LLC, an Illinois limited liability company, acknowledges that it has read and understands the terms, conditions and limitations set forth in said Ordinance 2015-47. EDR Unique, LLC an Illinois limited company By: Name (print): K aei r kitaL ll"I Title: Owner Packet Pg. 263 EXHIBIT C Site Plan of the Property cu cu C LO LO cu Im C cu co m z co 0 et LO V- CD C*4 CO Zf cu 0 CU CO CU CO I Packet Pg. 264 1 (pa eapuna 99JOJOBue40 OmeN eJOJmOlIVOILt,-9WZ ODueu!PJO 06elllA6u'PuOwV ODueu!PJO: 6-MZ-O) Lt-SM :IuOwqDeIIV ai .0-02 = J 1 31y3s 310d 1VOIdI3313 8.B.d DRAFT MINUTES 01/3/2018 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 Public Hearings/Items For Consideration Consider an Amendment of Village Ordinance 2015-47 to Allow for a Name Change for 55 Dundee Road (Trustee Stein) (Staff Contact: Chris Stilling) Mr. Sheehan explained in 2014, the Village Board approved Ordinance 2014-56 granting a rezoning and special use for the Buffalo Grove Auto Center and Car Wash to Regina Melman. In 2015, the Village Board approved Ordinance 2015-47 granting an additional special use for the ability to sell up to seven (7) used automobiles on the property. Ordinance 2015-47 was specifically granted to certain business entities and individuals. The current property owner, Regina Melman, has notified the Village that her tenant Randhir Patel of APR Car Wash Inc. is no longer operating the business (car wash, auto repair and auto sales) and that she will be taking over all operations. Although Ordinance 2015-47 specifically granted rights to Regina Melman of EDR Unique LLC, she is changing the business entity name to BG Auto Inc./D.B.A EDR Auto Sales. As a result of the change, an amendment to Ordinance 2015-47 is required. The business will continue to operate the same businesses under the same conditions. This is a name change only. Therefore, staff did not feel the need to have the Petitioner present. However, she was more than willing to show up. Mr. Stilling added that conditions D and E of Ordinance 2015-47 will also be included among the conditions staff outline in its recommendation. Com. Cohn asked staff why the Petitioner was not present and if the car wash operations will continue at the site. Mr. Sheehan advised that the business's use and operations will continue as they exist. The reason the Petitioner is not present is that staff did not feel if was necessary for the Petitioner to attend. Com. Moodhe asked if the business name will be changed to EDR Auto Sales. Mr. ao Sheehan stated that only the d/b/a name is changing to keep the auto sales separate o from the other business operations at the site. Com. Moodhe is concerned that the O 0 business will change from BG Auto Care to Auto Sales. Mr. Stilling referred to the original special use that was granted under 2014-56 and when Mr. Patel came in requested to °0 T allow some auto sales. Ms. Melman made a major investment in the auto repair facility and the car wash and just wants to continue to have the ability to sell a few used cars. Com. Moodhe understood that request at the time; however he is concerned about the sign that could be put up. Mr. Stilling understands Com. Moodhe's concern but explained that the Village cannot regulate signage content. Com. Moodhe understands the auto g care part of the business but the auto sales is a different business model. Mr. Stilling responded that the auto sales are an ancillary use to the auto care business. Com. Khan asked Mr. Stilling if there will only be the two (2) conditions as listed in the Staff Report. Mr. Stilling explained that the two (2) conditions are relative to the name change only and that conditions D and E of Ordinance 2015-47 should be added to the draft Ordinance. Packet Pg. 266 8.B.d DRAFT MINUTES 01/3i2018 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 Com. Cohn asked staff about Ordinance 2015-47 and the owner of the property, Regina Melman and EDR Unique LLC. The tenant was APR Car Wash, Inc. He asked if staff knows how the sign reads currently. Mr. Sheehan responded that the sign currently says BG Auto Care. Com. Cohn asked about the new sign. Mr. Sheehan has not seen a new sign. It may be the electronic sign that Com. Cohn is referring to. Com. Cohn asked if the sign will say BG Auto Sales. Mr. Sheehan stated that they do have a changeable copy sign that they could any number of things on. Com. Cohn does not want to see the business change from its current operations. If the sign changes from BG Auto Care to Auto Sales, it will effectively change the business. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the Staff Report dated January 3, 2018 as Exhibit 1. The public hearing was closed at 7:44 PM. Moved by Com. Khan, seconded by Com. Cohn, to recommend to the Village Board to approve the amendment to Ordinance 2015-47, subject to the following conditions: 1. The special use granted to BG Auto, Inc. D/B/A EDR Auto Sales is assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petitioner seeking assignment of this special use, the Corporate O Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 0 N ii. Such assignment shall be valid only upon the adoption of a proper, valid and binding co ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. 2. The maximum number of vehicles for sale on the property shall not exceed seven (7) vehicles. Said vehicles shall be stored in accordance with the approved site plan as identified as Exhibit C in Ordinance 2015-47. 3. The Petitioner shall use printed signs and not hand written signs advertising automobiles for sale. Packet Pg. 267 DRAFT MINUTES 01/3/2018 8.B.d MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 4. The Petitioner and the Property Owner shall comply with all State of Illinois statutes and regulations pertaining to the sale of used automobiles. Com. Cohn wants to make sure that the Village Board is comfortable and ensure that this property is not slowly morphing into a used car lot and that the use stays with the original intent of the Ordinance. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 1/22/2018 7:30 PM MOVER: Zill Khan, Commissioner SECONDER: Matthew Cohn, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser ABSENT: Mitchell Weinstein, Amy Au 0 Packet Pg. 268 8.0 Ordinance No. 0-2018-2 : Ordinance Approving a Special Use and Variation for Buffalo Grove High School at 1100 W Dundee ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll The Planning & Zoning Commission unanimously recommended approval, subject to conditions. Staff concurs with this recommendation. SUMMARY: Township High School District 214 is proposing an addition, along with other improvements, to the existing Buffalo Grove High School located at 1100 W Dundee Road. The school property is currently zoned R1 and schools are a special use. As a result of the changes, a special use is required. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Plan Set (PDF) • PZC Draft Minutes 1-3-18 (PDF) Trustee Liaison Stein Monday, January 22, 2018 Staff Contact Chris Stilling, Community Development Updated: 1/18/2018 11:54 AM Page 1 Packet Pg. 269 8.C.a "II'Le GE OF BUFFL � _ VI MEMORANDUM DATE: January 17, 2018 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development Is SUBJECT: 1100 W Dundee Road, Buffalo Grove, IL— Special Use and Variation for Buffalo Grove High School BACKGROUND Township High School District 214 (District 214) is proposing an addition, along with other improvements, to the existing Buffalo Grove High School located at 1100 W Dundee Road. The school property is currently zoned R1 and schools are a special use. As a result of the changes, a special use is required. Furthermore, to accommodate the existing school, a variation to allow for a setback reduction for an existing building is required. PLANNING & ZONING COMMISSION (PZQ RECOMMENDATION The Planning & Zoning Commission recommended approval (9-0) of the special use and variation subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. Final engineering shall be revised in a manner acceptable to the Village Engineer. 3. Approval from MWRD, IEPA and the Regional Office of Education shall be obtained for the proposed holding tank. 4. A final plat of subdivision consolidating all the lots shall be submitted in a manner acceptable to the Village. Staff concurs with this recommendation. Public Hearing Comments There were no attendees in the public hearing that expressed comments or concerns about the request. STAFF ANALYSIS Zoning • Currently, the Buffalo Grove High School is zoned R1, which regulates elementary schools as a special use. • To date, the Village has no record of a special use being approved for the existing school. As a result of the proposed improvements, a new special use is required. • Furthermore, the existing school building currently does not meet the zoning requirements for the front or corner side yard setback. The code requires a setback of 40 feet for the front yard and 40 feet but not less than 50 feet combined side yard setback. The school's existing stairwells located on the south and west sides of the building encroach within this forty foot setback requirement. 0 E a� O m c m E U �a a Page 1 of 2 Packet Pg. 270 8.C.a • In addition, the existing bleachers and press box are considered non -conforming accessory structures as they exceed the maximum height. The current plan shows minor modifications to the bleachers to make them ADA compliant. These changes are permitted, however any substantial changes in the future may require a public hearing and variation. • In terms of parking, the proposed improvements would not generate an increase in parking as that is based on student population and employees. Based on Village Code, the High School has sufficient parking. Proposed Improvements As proposed, all improvements will meet Village Code. The following is a summary of the new improvements: Building Addition • District 214 is proposing an 8,500 square foot addition to the 296,000 square foot existing high school building. • The addition will be used for fine arts classes and activities. • It will be located on the grassy area the southwest corner of the building and not be displacing any parking spaces. • The addition will be 34 feet tall at its highest point. The addition's height as well as its materials (steel frame, concrete block, face brick and metal panel fascia) will match the existing high school building. The proposed addition meets all bulk standards. Accessory Structures Improvements District 214 is also proposing several improvements to the existing accessory structures. The following is a brief summary of those improvements Ticket Booth/Bathroom • District 214 is proposing a new ticket booth and bathroom building that is 41'-3" by 24'-9" and 12' tall. It will be located north of the stadium entrance. This type of structure is considered an accessory structure in the Village's Zoning Code and meets all bulk standards. • The bathrooms associated with this improvement will not be serviced by a public sewer. The bathrooms will have a holding tank which will be serviced regularly. Staff has reviewed this item and finds that it may be permitted provided that District 214 receives a MWRD and IEPA permit. Furthermore, approval from the Regional office of Education will also be required. This will remain a condition. Storage Buildings • Two new storage facilities on the baseball diamonds are also being proposed. One storage facility will be 16' by 30' and 12'6" tall. The other will be 16' by 24' and 12'6" tall. This type of structure is considered an accessory structure in the Village's Zoning Code and meets all bulk standards. ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance granting a Special Use and variation for the Buffalo Grove High School expansion. Page 2 of 2 Packet Pg. 271 8.C.b ORDINANCE NO. 2018 - XX AN ORDINANCE APPROVING A SPECIAL USE AND VARIAITION IN THE R1 RESIDENTIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Buffalo Grove High School 1100 W Dundee Road Special Use and Variation for a High School WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property at 1100 W Dundee Road ("Property") legally described in EXHIBIT A attached hereto is zoned in the R1 Residential District; and, WHEREAS, Township High School District 214 ("Petitioner"), has petitioned the Village for approval of a special use and variation to expand an existing elementary school at the Property; and, WHEREAS, the Village Plan Commission conducted a public hearing on January 3, 2018 concerning the petition for the special use and variation; and, WHEREAS, the Plan Commission determined that the petition meets the criteria of a special use and variation as set forth in the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Plan Commission voted 5 to 0 to recommend approval of the special use and variation; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed expansion of the high school is a reasonable use of the Property and will serve the best interests of the Village. WHEREAS, the proposed expansion of the Buffalo Grove High School shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special uses EXHIBIT C Engineering Plans and Building Elevations NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Packet Pg. 272 8.C.b 2 Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant a special use and variations to Township High School District 214 for an existing elementary school at the Property subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. Final engineering shall be revised in a manner acceptable to the Village Engineer. 3. Approval from MWRD, IEPA and the Regional Office of Education shall be obtained for the proposed holding tank. 4. A final plat of subdivision consolidating all the lots shall be submitted in a manner acceptable to the Village. Section 3. This Ordinance shall be in full force and effect upon the submittal of a signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President Packet Pg. 273 8.C.b 3 EXHIBIT A LEGAL DESCRIPTION Township High School District 214 — Buffalo Grove High School 1100 W Dundee Road Special Use and Variation for a High School SUBJECT PROPERTY LEGAL DESCRIPTION: The Southwest Quarter of the Southwest Quarter of Section 5, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. ALSO That part of the South Half of the East Half of the Southwest Quarter of Section 5, Township 42 North, Range 11, East of the Third Principal Meridian, bounded by a line described as follows: beginning at the Southwest corner of the South Half of the East Half of said Southwest Quarter; Thence North along the West line thereof, 475.0 feet; Thence East parallel to the South line of said Southwest Quarter, 887.0 feet; Thence South parallel with the West line of the South Half of the East Half of said Southwest Quarter 475.0 feet to a point on the South line of said Southwest Quarter; Thence West along the Southwest Quarter of said Section 5, 887.0 feet to the point of beginning, excepting therefrom the South 50.0 feet thereof, in Cook County, Illinois. EXCEPT That part of the Southwest Quarter of Section 5, Township 42 North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at the intersection of the present North line of Dundee Road, being a line 50.00 feet North of and parallel with the South line of said Southwest Quarter of Section 5, with a line that is 887.00 feet East of, as measured along the South line of said S Southwest Quarter of Section 5, and parallel with the West line of the East half of said Southwest M O Quarter; Thence North 0° 00' 00" East, parallel with the West line of the East half of said Southwest Quarter of section 5, a distance of 64.50 feet; Thence South 90' 00' 00" West, a distance of 1.00 0 foot; Thence South 20' 13' 29" West, a distance of 40.50 feet; Thence South 31' 41' 11" West, a N distance of 30.85 feet to the aforesaid North line of Dundee Road; Thence South 89' 46' 48" East p along said North line, a distance of 31.00 feet to the place of beginning, in Cook County, Illinois. a) U c �a c SUBJECT PROPERTY COMMON DESCRIPTION: 1100 W Dundee Road, Buffalo Grove, IL (PINS 03-05-302-003-0000, 03-05-302-002-0000, O 03-05-303-029-0000, 03-05-303-003-0000) E s v �a Q Packet Pg. 274 8.C.b E EXHIBIT B Acceptance and Agreement Concerning Special Use Township High School District 214 — Buffalo Grove High School 1100 W Dundee Road Special Use and Variation for a High School Township High School District 214 acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2018—XX pertaining to the special use and variation, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. Township High School District 214 By: Name (print): Title: a) U c M c �a L O C d E s v �a Q Packet Pg. 275 8.C.b 5 EXHIBIT C Engineering Plans and Building Elevations Township High School District 214 — Buffalo Grove High School 1100 W Dundee Road Special Use and Variation for a High School Packet Pg. 276 t Ps '-M Rw 7t -2 E�` Q .5 2 z 0 cc cn 0 ow- U. 0 C\l 0<— Lu ;r a. cm OXO OEOW 0-1= 0 z m T U. LU 0 x ---------- ................ -T 11"IME-11 I Ili FITITI f I, =UX4 ON ................ . .......................... . ......... - . .......................... ................... ...... ..................................................... K� . . . . . . . . . . . . . . . . . 0, OZ 'w < , > /, z 0 < LL w W, 4F� j W 0 < =Z, =>2 z wn oz L z 0 wo lz-- ........... . .... . 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IL z CO) cc z �/ �\ &yN dry iA i /�\\ / . ............. . . .. . ....... o ro 0 3 9 -kw 8.C.d DRAFT MINUTES 01/3/2018 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 Public Hearings/Items For Consideration Consider a Special Use and Variation for Buffalo Grove High School at 1100 W Dundee (Trustee Stein) (Staff Contact: Chris Stilling) Com. Goldspiel recused himself from this agenda item due to his son being on staff at Buffalo Grove High School. Mr. Ted Birren, Director of Operations, High School District 214, 2121 S. Goebbert Road, Arlington Heights, IL 60005, was present and sworn in. Mr. Birren explained that Township High School District 214 (District 214) is proposing an addition, along with other improvements, to the existing Buffalo Grove High School located at 1100 W Dundee Road. They want to begin the project in 2018 and they estimate completion in 2018. The following is a summary of the new improvements: Building Addition • District 214 is proposing an 8,500 square foot addition to the 296, 000 square foot existing high school building that has a height of 40 feet tall. • The addition will be used for fine arts classes and activities. • It will be located on the grassy area the southwest corner of the building and not be displacing any parking spaces. • The addition will be 34 feet tall at its highest point. The addition's height as well as its materials (steel frame, concrete block, face brick and metal panel fascia) will match the existing high school building. The proposed addition meets all bulk standards. District 214 is also proposing several improvements to the existing accessory structures. The following is a brief summary of those improvements Ticket Booth/Bathroom • District 214 is proposing anew ticket booth and bathroom building that is 41 3" by 24'-9" and 12' tall. It will be located north of the stadium entrance. This type of structure is considered an accessory structure in the Village's Zoning Code and meets all bulk standards. • The bathrooms associated with this improvement will not be serviced by a public sewer. The bathrooms will have a holding tank which will be serviced regularly. Staff has reviewed this item and finds that it may be permitted provided that District 214 receives a Packet Pg. 281 8.C.d DRAFT MINUTES 01/3i2018 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 MWRD and /EPA permit. Furthermore, approval from the Regional Office of Education will also be required. Approvals and permits from these entities will be a condition. Storage Buildings Two new storage facilities on the baseball diamonds are also being proposed. One storage facility will be 16' by 30' and 12'6" tall. The other will be 16' by 24' and 12'6" tall. This type of structure is considered an accessory structure in the Village's Zoning Code and meets all bulk standards. Com. Lesser asked about the proposed toilet facilities that are being added to the stadium that will not be connected to the sewer system. He asked if they understand that they need the necessary approvals from the IEPA or other regulatory agencies that oversee that. Mr. Kevin Camino, Eriksson Engineering, explained that the plan for the concession/restroom building is to install a holding tank. The Code is not clear if this is allowed. He has contacted the State of Illinois and has not yet heard back. So they are waiting for confirmation. If the holding tank is not allowed, they will have no choice but to connect to the sanitary sewer, which is over 400 feet away from the building. Com. Lesser was curious as to why this method was chosen in lieu of connecting to the Village sewer. Mr. Camino explained that it is due to the cost since the sewer line is over 400 feet away. Mr. Stilling advised that the Village's preference is to connect to the Village sewer and technically our Health Code requires it. Com. Lesser confirmed with the Petitioner that the existing parking on the site will not be affected. He also asked if there are any safety concerns regarding the work to be done. Mr. Birren responded no. The work being done is similar to work that has been done in the past at the school and all other District 214 buildings. They rely on their contractors to comply with all safety requirements. Com. Lesser clarified that he was referring to encroachments into required setbacks. Mr. Birren advised that the addition will be located within the required setbacks. The variations are for existing encroachments. Com. Khan advised that in 1994 when he and wife were looking to buy a home, they told the realtor that they are looking for a home where the schools are top notch. They did their research and found their home in Buffalo Grove. Both their daughters went to Buffalo Grove High School. He is very pleased they made the decision to buy their home in Buffalo Grove. Buffalo Grove High School is very good. He has very high regard for this school. With regards to the holding tank, where is the nearest point to make a connection of the sewer to the building. The building cannot be 400 feet away from where the proposed bathrooms will be located. Mr. Birren stated that the closest location is to the sewer line located at Dundee Road. Mr. Camino added that the sewer line in the building is too shallow. Com. Khan asked if the Petitioner wants to have the one-time charge to install the sewer line or have many costs over many years with pumping the tank. The cumulative costs could be offset by the initial install cost. Mr. Birren advised that their option would be to go all the way to Dundee Road. The cost comparison of the pump out costs compared to the installation costs shows that the lines would not converge until about 25 years from now. Com. Khan believes that if the sewer line is available, it is mandatory to connect to it. However he will leave that decision to Village staff. Com. Khan asked Ms. Woods about the parking information provided in the Staff Report compared to the letter provided by District 214. Mr. Stilling advised that he Packet Pg. 282 8.C.d DRAFT MINUTES 0113/2018 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 provided the number in the Staff Report and it was just a ballpark. Com. Khan asked how the Petitioner will be compensating for the stormwater management with the proposed addition. Mr. Birren advised that the area is not that large and they will be putting in volume control under the parking lot located next to the proposed addition. There is also additional retention in the lower parking lot. Com. Khan advised that since they will be disturbing the area they will need to advise the Metropolitan Water Reclamation District. Mr. Birren advised that they will be submitting to the Water Reclamation District and the Village Engineer will need to sign off as well. Com. Moodhe asked if the area behind the proposed addition, which presently houses the holding area for the auto shop, will still be there. Mr. Birren advised that the holding area will remain and they took that into consideration when designing the addition. Com. Moodhe asked staff about the existing bleachers being out of compliance and if there is something that the Planning & Zoning Commission needs to do. Mr. Stilling responded no, District 214 will ultimately be responsible to follow the zoning regulations. Even though they do not need to get building permits from the Village, they are still responsible to follow the zoning regulations. So if there are any amendments or changes to those bleachers they would have to submit it to the Village for review. The ADA improvements that they are making are nominal and are intended to bring the bleachers closer into compliance. Staff did not feel the changes necessitated the need for a variation. Com. Moodhe asked if the Village needs to worry about the other setbacks. The school has been there for a long time. Mr. Stilling advised that this is similar to what was done with Aptakisic School. The building may have conformed at one time under prior zoning ordinances. Ch. Cesario stated that the proposal is very modest. It is an 8,500 square foot addition on a nearly 300,000 square foot building. The height of the proposed addition is 34 feet and the height of the existing school building is 40 feet. The addition would not project any closer to Dundee Road than the existing building. He is comfortable with the proposed addition. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Ch. Cesario entered the Staff Report dated January 3, 2018 as Exhibit 1. Mr. Birren appreciates the partnership with the Village and looks forward to moving forward with the project. The public hearing was closed at 8:11 PM. Moved by Com. Khan, seconded by Com. to recommend to the Village Board to approve the special use and variations subject to the following conditions: Packet Pg. 283 DRAFT MINUTES 01/3/2018 8.C.d MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. Final engineering shall be revised in a manner acceptable to the Village Engineer. 3. Approval from MWRD, IEPA and the Regional Office of Education shall be obtained for the proposed holding tank. 4. A final plat of subdivision consolidating all the lots shall be submitted in a manner acceptable to the Village. RESULT: RECOMMENDATION TO APPROVE [5 TO 0] Next: 1/22/2018 7:30 PM MOVER: Zill Khan, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Cohn, Khan, Lesser ABSTAIN: Stephen Goldspiel ABSENT: Mitchell Weinstein, Amy Au Packet Pg. 284 8.D Ordinance No. 0-2018-3 : An Ordinance Amending Chapter 10 of the Village of Buffalo Grove Municipal Code ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. SUMMARY: Vernon Township has requested an adjustment of the turning restrictions from Prairie Road onto Brockman Avenue. ATTACHMENTS: • VT Ord update memo 18-0112 (DOCX) • VT signs traffic Ordinance 18-0112 (DOCX) Trustee Liaison Berman Monday, January 22, 2018 Staff Contact Darren Monico, Public Works Updated: 1/17/2018 10:14 AM Page 1 Packet Pg. 285 8.D.a BUFFALO GRON't', TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: VERNON TOWNSHIP TRAFFIC SIGN ORDINANCE AMENDMENT DATE: 1/17/2018 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS 11 In September of 2016, the Village codified several former Vernon Township turning restriction signs that were in areas recently annexed to Buffalo Grove. These included two 6 am to 9 am turning restrictions from Prairie Road to Brockman Avenue. In August 2017, the Township requested the Village add turning restrictions from 4 pm to 7 pm in addition to the morning restrictions. After reviewing the signs in action, the Township is requesting a minor change in the afternoon time because the Stevenson High School dismissal time is before 4 pm. Therefore, they are asking the restrictions be changed to 3 pm to 6 pm instead of 4 pm to 7 pm. In addition, the Township has spoken to several of their residents and together they feel that the recently approved afternoon southbound Prairie Lane to eastbound Brockman Avenue restrictions are not effective and can be removed. Staff recommends adjusting the afternoon time and removing the one turning restriction as described above. As with the previous traffic ordinance amendment the Village has already communicated to the Township that the Village is not be able to provide an officer to monitor these restrictions on a regular basis and that if the Township still desires additional enforcement that they will need to contact the State Police for assistance. Packet Pg. 286 8.D.b ORDINANCE NO. 2018 - AN ORDINANCE AMENDING CHAPTER 10 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the quality of life is enhanced by a high quality arterial street transportation system which operates efficiently and which does not experience extreme congestion so as to induce motorists to "cut through" neighborhood streets in order to reduce travel times; and, WHEREAS, Vernon Township has asked the Village of Buffalo Grove to adjust the turning restrictions on Prairie Road for entry into the Krisview Acres subdivision in unincorporated Vernon Township. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, AS FOLLOWS: Section l: Chapter 10, Section BG-I I of the Village of Buffalo Grove Municipal Code is hereby amended by adding the bolded text and by deleting the text with the strikethrough in the following sections to now read: BG-11-208(Y) Turning restriction — Prairie Road and Brockman Avenue. No vehicle or combination of vehicles shall turn right from northbound Prairie Road onto eastbound Brockman Avenue between the hours of 6:00 am to 9:00 am and between the hours of 3:00 pm to 6:00 pm, Weekdays, except buses, or shall turn left, from southbound Prairie Road onto eastbound Brockman Avenue between the hours of 6:00 am to 9:00 am 790 pm, Weekdays, except buses. Section 2: Any person violating any portion of this Chapter shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. 1 Packet Pg. 287 8.D.b Section 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. This Ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: APPROVED: PUBLISHED: ATTEST: Village Clerk , 2018 , 2018 , 2018 APPROVED: Village President 2 Packet Pg. 288 8.E Action Item : Prairie Road Dedication Hoffman Parcel ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff Recommends Acceptance of the dedication by motion. SUMMARY: As a condition of Annexation to the Village, the Hoffman Family is dedicating Right -of -Way for the future Prairie Road Widening Project. ATTACHMENTS: • Hoffman ROW dedication memo 18-0112 (DOCX) • Hoffman ROW Dedication 18-0112 (PDF) Trustee Liaison Berman Monday, January 22, 2018 Staff Contact Darren Monico, Public Works Updated: 1/18/2018 12:02 PM Page 1 Packet Pg. 289 8.E.a BUFFALO GRON't', TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: HOFFMAN PRAIRIE ROAD RIGHT OF WAY DEDICATION DATE: 1/17/2018 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS 11 As a condition of the Annexation Agreement for their annexation into the Village of Buffalo Grove, the Hoffman Family is proposing to dedicate the eastern 60' of their property located at 1800 N Prairie Road. The 60' extends to the existing centerline of Prairie Road and is sufficient Right -of -Way for the Prairie Road Widening Project to be undertaken by Lake County Department of Transportation in the future. The dedication is required to be accepted by the Corporate Authorities by motion. Packet Pg. 290 S 8.F Information Item : Proclamation for National Engineers Week ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. SUMMARY: A Proclamation recognizing National Engineers Week, February 18-24, 2018. ATTACHMENTS: • engineering week proclamation 2018 (DOCX) Trustee Liaison Stein Monday, January 22, 2018 Staff Contact Darren Monico, Public Works Updated: 1/18/2018 12:05 PM Page 1 Packet Pg. 292 8.F.a V1UA T 4" U1, I[ E"%L0 l. i al PROCLAMATION 2018 Engineers Week WHEREAS, Engineers use their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and, WHEREAS, Engineers face the major technological challenges of our time — from rebuilding towns devastated by natural disaster, cleaning up the environment, and assuring safe, clean, and efficient sources of energy, to designing information systems that will speed our country into the future; and, WHEREAS, Engineers are encouraging our young math and science students to realize the practical power of their knowledge; and, WHEREAS, We will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century: THEREFORE,1, Beverly Sussman, President of the Village of Buffalo Grove, do hereby proclaim February 18 through February 24, 2018, as ENGINEERS WEEK in the Village of Buffalo Grove. Proclaimed this 22nd day of January 2018. Beverly Sussman Village President Packet Pg. 293 9.A Ordinance No. 0-2018-4 : Ordinance Approving an Annexation Agreement for the Property at 16802 W Aptakisic Rd (Proposed Link Crossing Development) Recommendation of Action pp ,,,,,,,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Siaff recommends that the Village Board approve the attached annexation agreement for the Link Crossing Development, subject to the final review and approval by the Village Attorney K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple - Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. The complete list of the variations is included in Section 37 of the attached draft annexation agreement. Further information and details about the project can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Draft Annex Agreement 1.17.18 Trustee Liaison Ottenheimer Monday, January 22, 2018 (DOCX) Staff Contact Chris Stilling, Community Development Updated: 1/18/2018 10:15 AM Page 1 Packet Pg. 294 9.A.a VILL,AGE OF BUFFALO G110"VE DATE: January 18, 2018 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Consider Approval of the Annexation Agreement for Link Crossing nark'r.Rnl Min K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple -Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. The complete list of the variations is included in Section 37 of the attached draft annexation agreement. Further information and details about the project can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. ACTION REQUESTED Staff recommends that the Village Board approve the attached annexation agreement, subject to final review and approval by the Village Attorney. The attached annexation agreement includes the conditions recommended by staff and accommodates the revised site plan. Page 1 of 1 Packet Pg. 295 9.A.b 01/12/2018 - WGR DMH708098 ORDINANCE NO. 2018 - AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT 16802 W. Aptakisic Road Link Crossing WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on January 22, 2018 concerning said Annexation Agreement and zoning have been given and the public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1.The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. c c =a 0 c d E U a Packet Pg. 296 9.A.b AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk This document was prepared by: Christopher Stilling Director of Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 2 APPROVED: Beverly Sussman, Village President Packet Pg. 297 9.A.b 3 EXHIBIT A Annexation Agreement 16802 W. Aptakisic Road Link Crossing Packet Pg. 298 9.A.c CGS/WGR Draft 01/13/2018 ANNEXATION AGREEMENT For Link Crossing 16802 W. Aptakisic Road This agreement (hereinafter referred to as the "Agreement") made and entered into this a> day of 2018, by and between the VILLAGE OF BUFFALO GROVE (hereinafter i referred to as "Village") by and through the President and Board of Trustees of the Village a c (hereinafter collectively referred to as the "Corporate Authorities") and Herbert R. Didier, Jr., x Bernadette M. Didier, Herbert R. Didier, III, Raymond J. Didier, La Rae D. Bane, Mary Lee Handel, CD c Robert J. Handel, Melissa A. Bollinger, Julie M. Kelley, Megan E. Paddock, Robert M. Handel, M. Mellode Steffenhagen, David A. Steffenhagen, Sr., David A. Steffenhagen, II, Emily A. Morrison, 0 Kaitlin M. Steffenhagen, Amanda C. Steffenhagen, Kathleen M. Nielsen, Eric J. Nielsen, Amy R. a a Bellock, Scott A. Nielsen, Thomas V. Nielsen, Susan M. Brosio, D, David W. Brosio, Joseph D. U c Brosio, Valerie L. Brosio, Joan M. Krueger, Lindsay C. Krueger, Daniel P. Krueger, Jr., Alexander P. Krueger, Joan M. Krueger as custodian for Austin R. Krueger under the Illinois Uniform p Transfers to Minors Act, Joan M. Krueger as custodian for Rachel L. Krueger under the Illinois 00 Uniform Transfers to Minors Act, and Joan M. Krueger as custodian for Andrew R. Krueger N o_ under the Illinois Uniform Transfers to Minors Act as tenants in common (hereinafter T collectively referred to as "Owner") and K. HOVNANIAN T&C HOMES AT ILLINOIS, L.L.C., an Illinois limited liability company and K. HOVNANIAN AT LINK FARM, LLC, an Illinois limited E liability company (hereinafter referred to as "Developer") a x as WITNESSETH: c a WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of L 0 the Constitution of the State of Illinois of 1970; and, d WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as E s ns 1 a Packet Pg. 299 9.A.c the "Property") comprising approximately 50 acres legally described and identified in the Legal a Description, attached hereto as EXHIBIT A and made a part hereof, and which real estate is c 00 to contiguous to the corporate limits of the Village; and, M WHEREAS, Developer is the contract purchaser of the Property; and, m a WHEREAS, a Plat of Annexation of the Property, is attached hereto as Exhibit B, which ° a depicts a total area of approximately 50 acres to be annexed; and WHEREAS, the Owner has caused to be filed with the Village Clerk the Annexation L ° Petition relating to the Property; and c E a� a� WHEREAS, Owner desires and proposes pursuant to the provisions and regulations a applicable to the R-6A One -Family Residential District and R9 Multiple -Family Residential c District of the Village Zoning Ordinance, with a Special Use as a Residential Planned Unit �a X CD Development with variances , to develop the Property in accordance with and pursuant to a c a certain Preliminary Plat of Subdivision ("Preliminary Plat") prepared by Mackie Consultants LLC c a c dated October 13, 2016, last revised January 15, 2018, and also a certain Preliminary L Engineering Plan ("Preliminary Engineering") prepared by Mackie Consultants LLC dated a a October 13, 2016, last revised March 23, 2017, and also certain Preliminary Site Plan prepared as c by HKM Architects dated November 22, 2017, last revised January 12, 2018 (Preliminary Plat, O Preliminary Engineering and Preliminary Site Plan hereinafter jointly referred to as "Preliminary 17 eo Plan") a copy of which Preliminary Plat is attached hereto as EXHIBIT C, a copy of which N Preliminary Engineering is attached hereto as EXHIBIT D and a copy of which Preliminary Site Go Plan is attached hereto as EXHIBIT E and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of the Property shall a� consist of 68 clustered single family detached homes and 119 two story townhomes to be m L constructed by the Developer. a WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois x CD Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the c a L Village's Home Rule powers, a proposed Annexation Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by c s 2 a Packet Pg. 300 9.A.c Statute; and,CA a WHEREAS, pursuant to due notice and advertisement, the Planning & Zoning c 00 to Commission of the Village has held a public hearing and made its recommendations with respect to the requested zoning classification in the R-6A and R9 Districts with a special use as a m a Residential Planned Unit Development and variations of the Village Development Ordinance, a Sign Code and Zoning Ordinance; and, WHEREAS, the President and Board of Trustees after due and careful consideration have L ° concluded that the annexation of the Property to the Village and its zoning and development on c E a� a� the terms and conditions herein set forth would further enable the Village to control the a development of the area and would serve the best interests of the Village. c NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements X herein set forth, the parties hereto agree as follows: c a 1. Applicable Law. This Agreement is made pursuant to and in accordance with the c a c provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et L seq.) and as the same may have been modified by the Village's Home Rule powers. The a a preceding whereas clauses are hereby made a part of this Agreement. as c 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk 0 of the Village a proper petition pursuant to and in accordance with the provisions of Section 17 eo 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) and as the same may have been N modified by the Village's Home Rule powers, conditioned on the execution of this Agreement 0 Go and the compliance with the terms and provisions contained herein, to annex the Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aD aforesaid petition for annexation, shall be null, void and of no force and effect unless the E L Property is validly annexed to the Village and is validly zoned and classified in the R-6A and R9 a Districts, with a Special Use as a Residential Planned Unit Development with requested x variances all as contemplated in this Agreement. No portion of the Property shall be c a L disconnected from the Village without the prior written consent of its Corporate Authorities. 3. Enactment of Annexation Ordinance. The Corporate Authorities, within twenty- c d E s 3 a Packet Pg. 301 9.A.c one (21) days of the approval of this Agreement by the Village, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B). 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall enact an ordinance zoning the Property in the R-6A and R9 Districts, with a special use for a Residential Planned Unit Development, with the variances described herein, subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary c Plan (EXHIBITS C, D and E), Landscaping Plan (EXHIBIT F) and Architectural Renderings (EXHIBIT L a G) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree a as to approve a Development Plan (including a plat of subdivision) based on final versions of the c plans and drawings of the development of the Property as submitted by the Developer and 0 Owner provided that the Development Plan shall conform to: 17 eo a) the approved Preliminary Plans and Exhibits attached hereto, and N b) the terms of this Agreement and all applicable Village Ordinances as amended 0 Go from time to time; and c) the approved Development Improvement Agreement as amended from time to a� time. E m m L 6. Compliance with Applicable Ordinances. The Owner and Developer agree to a x comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the c development of the Property, provided that all new ordinances, amendments, rules and a L regulations relating to zoning, building and subdivision of land adopted after the date of this c Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be s 4 a Packet Pg. 302 9.A.c equally applicable to all property similarly zoned and situated to the extent possible. Owner/Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent development of the Preliminary Plan approved herein. 7. Amendment of Plan. If the Owner/Developer desires to make changes to to the Preliminary Plan, or Exhibits F and G, as herein approved, the parties agree that such changes to the Preliminary Plan or Exhibits F and G will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Planning & Zoning Commission and/or the Corporate Authorities to consider such changes to the Preliminary Plan. The Corporate Authorities may, in their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change to the Preliminary Plan and Exhibits F and G. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate. 8. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible and that the Owner/Developer shall be granted a six (6) month grace period from the effective date of approval of any building fee increase. In the event a conflict arises between the Owner/Developer and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner/Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to owners and developers of properties within the Village. 9. Water Provision. The Owner/Developer shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT D are hereby approved by the Village. It is understood, however, that 5 Packet Pg. 303 9.A.c changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. a The Owner/Developer further agrees to pay to the Village such fees in accordance with the c 00 to applicable Village Ordinances at the time of the issuance of the water and sewer permits. The M Owner/Developer agrees to accept any increase in water rates and tap on fees provided such m a rates and fees apply consistently to all other similar users in the Village to the extent possible. 0- 0. Following such tap on, the Village agrees to provide to the best of its ability and in a non- discriminatory manner water service to all users on the Property in accordance with the ° Preliminary Plan. Watermains serving the Property and those approved as part of the c E development shall be installed by the Owner/Developer and, except for service connections to a� a� a the buildings shall, upon installation and acceptance by the Village through formal acceptance c action by the Corporate Authorities, be dedicated to the Village and become a part of the X Village water system maintained by the Village. c a 10. Storm and Sanitary Sewer Provisions. c M, c a. The Corporate Authorities agree to cooperate with the Developer and to use L their best efforts to aid Developer in obtaining such permits from governmental agencies a a having jurisdiction as may be necessary to authorize connection from the proposed as r_ c development to the Lake County Department of Public Works for the collection of sewage. The 2 0 Developer shall construct on -site and off -site sanitary sewers as may be necessary to service 17 eo the Property, in accordance with EXHIBIT D. It is understood, however, that changes to the N Preliminary Engineering Plan may be required at the time of Final Engineering. Upon 0 Go installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for a� sanitary sewer service connections. The Developer agrees to accept any increase in sewer m m L rates and tap on fees, provided that such fees and rates are applied consistently to all similar a users in the Village to the extent possible. x b. The Developer shall also construct any storm sewers which may be necessary to c a L service the Property, in accordance with EXHIBIT D. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. c s L) 6 a Packet Pg. 304 9.A.c 11. Drainage Provisions. The Developer shall fully comply with any request of the a Village Engineer related to the placement of buildings on lots, to preserve drainage standards. c 00 co The Developer shall install any storm sewers and/or inlets which are required to eliminate M standing water or conditions of excess sogginess which may, in the opinion of the Village as a Engineer, be detrimental to the growth and maintenance of lawn grasses. 0- 0. 12. Developer Recapture of Utility Costs. It is further understood and agreed that a L portion of the sanitary sewer, storm sewer, and/or watermain to be constructed and installed W- c by the Developer to serve the proposed development on the Property (hereinafter referred to E a� a� as "Developer's Improvements") may benefit neighboring properties not owned by the a Developer, thus making such utility service available thereto. The Corporate Authorities may c agree to adopt an ordinance to permit the Developer to recapture from such neighboring X c property owners as may be benefited by the Developer's Improvements, that portion of the a c actual costs and installation of Developer's Improvements, in such proportionate amounts from a, c such neighboring property owners as may be so benefited as determined by the Village. Said L a recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village a as and Developer agree to use their best efforts to cooperate to achieve the most practical and r_ c feasible route to the off -site utilities connection points. The Village agrees to cooperate with 0 the Developer in effectuating recapture from future developers and property owners as 17 eo appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby N recaptured as and for its collection efforts. 0 Go 13. Payment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property, to the best of the knowledge of the parties to this Agreement, is identified on aD EXHIBIT I attached hereto which recapture shall be due and payable to the Village upon m L commencement of construction on the Property. a x CD 14. Security for Public and Private Site Improvements. Security for public and c private site improvements shall be provided in accordance with the Development Ordinance, a L and the Development Improvement Agreement (EXHIBIT H) as amended from time to time. c Any letter of credit issued for such improvements shall be drawn on a financial institution of net s 7 a Packet Pg. 305 9.A.c worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 15. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the Planning & Zoning Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBITA Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Preliminary Plat (_page) EXHIBIT D Preliminary Engineering Plan (_pages) EXHIBIT E Preliminary Site Plan (_pages) EXHIBIT F Landscaping Plan ( pages) EXHIBIT G Architectural Rendering ( pages) EXHIBIT H Sample Development Improvement Agreement (_pages) EXHIBIT I Recapture Fees Letter EXHIBITJ School District 102 Fees 16. Annexation Fee. Owner/Developer agrees to pay an annexation fee of $1,500.00 Go per residential unit for each of the 68 clustered, single family homes and $1,500.00 per unit for each of the 119 two-story townhomes , which fee shall be payable pro rata at issuance of aD building permits. This fee, however, shall be paid in full prior to the expiration of this m L Agreement. a x 17. Building, Landscaping and Aesthetics Plans. Owner/Developer will submit final c c building and landscaping plans (which landscaping plans shall conform to the requirements of a L Village Ordinances) for final approval by the Village before commencing construction of c buildings. Lighting and signage shall be compatible with surrounding areas as approved by the s 8 a Packet Pg. 306 9.A.c Village. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. The exterior elevations of the two-story townhomes and clustered, single family homes to be constructed by the Owner/Developer shall comply with the plans approved by the Village and Village Planning & Zoning Commission and any conditions identified in Section 33 of this Agreement. It is understood and agreed that modifications pertaining to the exterior elevations may be desired by the Owner/Developer to accommodate homebuyers, and to the extent practicable, the Village may review said modifications administratively. Major changes may be subject to review by the Appearance Review Team (ART) and/or the Planning & Zoning Commission. 18. Declaration of Covenants, Conditions and Restrictions. a. Prior to approval by the Village of the first phase ofthe Final Plat of Subdivision for CD X all or any portion of the Property, the Developer shall provide to the Village for c a review and approval (i) a Master Association Declaration, (ii) a Townhome c c Declaration, and (iii) a Single Family Declaration to which all lot owners in the L Development shall be required to contribute assessment payments in order to a a accumulate such funds as might be necessary for the operation, maintenance, as c repair and reconstruction of the common areas and private improvements 0 serving the development, including but not limited to the street lighting, 17 eo sidewalks, parkways, storm sewers, and storm water management facilities, N including but not limited to the detention pond and related aeration systems, 0 Go common area landscaping, fences and landscape, which shall all be the responsibility of the applicable association to own, operate, and maintain and a� which shall be located in easements for that purpose, as well as timely snow m L removal and ice control of said private street and sidewalks. a b. It shall be a specific condition of approval of the Special Use that said x Homeowners' Associations shall thereafter be required to be maintained in good c a L standing with the State of Illinois Secretary of State. c. In addition, it shall be a condition precedent of the approval of the Special Use c s 9 a Packet Pg. 307 9.A.c that the Homeowners' Associations shall retain ownership of, and operation and a maintenance responsibilities for, all applicable required improvements within o CO to the Development, except as otherwise specified in this Agreement. The Developer shall (i) record the Declarations and (ii) incorporate the aforesaid as a Homeowners' Associations prior to the issuance of a certificate of occupancy for a the first unit within the Property. d. The Property shall be subject to the (i) Master Association Declaration of L ° Covenants, Conditions and Restrictions (ii) a Townhome Declaration of c E a� a� Covenants, Conditions and Restrictions and (iii) a Single Family Declaration of a Covenants, Conditions and Restrictions ("Declarations") which shall include but c not by way of limitation a provision whereby the Village shall have the right, but X not the obligation, to enforce covenants or obligations of the applicable c a association and/or owners of the units of the Property as defined and provided c a, c within the applicable Declaration, and further shall have the right, upon thirty L (30) calendar days prior written notice specifying the nature of a default, to a a enter upon the Property and cure such default, or cause the same to be cured at as c the cost and expense of the applicable association of the Property. The Village 0 shall also have the right to charge or place a lien upon the Property for 17 eo repayment of such costs and expenses, including reasonable attorneys' fees in N enforcing such obligations. 0 e. The Declarations shall also include the obligation that the applicable association shall provide snow removal for private driveways, streets and sidewalks and shall a� store excess snow in appropriate off-street locations, and shall not in any way m L impede the Village's snow removal operations on public streets. a f. The Declarations shall also provide that the Property shall be used and x developed in accordance with Village ordinances, codes and regulations c a L applicable thereto, including ordinance(s) enacted pursuant to this Agreement. g. The Declarations shall be submitted to the Village for review and approval, and c £ s 10 a Packet Pg. 308 9.A.c shall further provide that the provisions relative to the foregoing requirements a may not be amended without the prior approval of the Village. c 00 to h. The Declarations shall also provide that the Village may enforce its ordinances, including but not by way of limitation traffic ordinances, on the Property, as a including private alleys and common areas. 0- 0. i. The Declarations shall be submitted in a manner acceptable to Village. All landscaping embellishments (arbors, trellises, fences, etc) shall be standardized L ° and incorporated into the Declarations. c E j. The Declarations shall indicate that certain private alleys will remain private with a� a� a the maintenance responsibility of the association in a manner acceptable to the c Village. The Village may require that all initial and subsequent homeowners sign a X disclosure acknowledging that these streets will remain private. c a 19. Project Models. The Village agrees to permit the Developer to construct and c a, c maintain up to three model areas on the Property collectively consisting of a maximum of four L two story townhome units in no more than two townhome buildings and three cluster single a a family detached homes, together with suitable off-street parking areas, all subject to Village as c approval. Such construction shall be in compliance with the provisions of the Village's Building 0 Code in effect at the time of building permit issuance. The Developer may use models only for 17 eo marketing the Property. Such use shall be discontinued when Developer has sold the last of the N units constructed upon the Property as approved herein. 0 20. Park District Donations. Owner/Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park aD donations. Outlots M, R, S, T, U, and E shall be conveyed to the Village upon request by the m L Village in accordance with the Preliminary Plat attached hereto as Exhibit C as approved by the a Buffalo Grove Park District. The Village shall convey said outlots to the Buffalo Grove Park x District. Any remaining land donation contributions as required by Title 19 of the Buffalo Grove c a L Municipal Code shall be paid at time for building permits. For any improvements to be completed by Developer on current or future Park District property, the agreed amount of c s 11 a Packet Pg. 309 9.A.c credit to the fee shall be based on the initial engineer's opinion of probable cost with a final true up based on actual paid invoices. 21. School District Donations. Owner/Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations for School District 125. The Developer shall pay a cash contribution to School District 102 on a per unit basis at time of building permit in accordance with Exhibit J, consistent with the Developer letter and exhibits to District 102 dated April 3, 2017. 22. Library District Donations. — Owner/Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 23. Conditions Concerning Parks, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library donations, if, in the judgment of the Village, said rooms have closets and can be used as bedrooms. It is understood and agreed that the per acre land value used to compute said cash contributions may be increased from time to time, and cash contributions made at the time of building permit issuance shall be based on the land value in effect at the time of permit issuance. 24. Annexation to the Buffalo Grove Park District. The Owner/Developer agrees, at N the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to 0 Go said Park District. Said annexation shall be completed within sixty (60) calendar days of the request of the Park District. c a� 25. Facilitation of Development. Time is of the essence of this Agreement, and all m L parties will make every reasonable effort to expedite the subject matters hereof. It is further a x understood and agreed that the successful consummation of this Agreement and the c development of the Property is in the best interests of all the parties and requires their a L continued cooperation. The Owner/Developer does hereby evidence its intention to fully c comply with all Village requirements, its willingness to discuss any matters of mutual interest s 12 a Packet Pg. 310 9.A.c that may arise, and its willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 26. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein. 27. Term of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns for a term of twenty (20) years from the date of this Agreement. This Agreement shall not be assigned to any other party or entity without prior written consent of the Village Manager. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto, without the consent of the owners of other portions of the Property. If the Developer fails to purchase the Property within eighteen (18) months from the date of approval of this Agreement, the Village shall have the right to review and consider any developer that may purchase the Property from the Owner. The Property shall be developed by Developer and/or its affiliates unless otherwise approved by the Village. 28. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 29. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Herbert R. Didier, Jr. 13 Packet Pg. 311 9.A.c c/o Jack Mardoian 900 N. Shore Drive Suite 140 Lake Bluff, IL 60044 If to Developer K. Hovnanian at Link Farm, LLC 1840 Naper Boulevard Suite 200 Naperville, IL 60563 Attention: Jon Isherwood Copy to: Deborah T. Haddad O'Donnell Haddad LLC 14044 Petronella Drive Suite 1 Libertyville, IL 60048 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Tressler LLP 233 S. Wacker Drive 22nd Floor Chicago, IL. 60606 30. Default. a. In the event Owner/Developer defaults in performance of its obligations set 7 forth in this Agreement, then the Village may, upon notice to c Owner/Developer, allow Owner sixty (60) calendar days to cure default or m provide evidence to the Village that such default will be cured in a timely m a manner if it cannot be cured during said period. If Owner/Developer fails to X c cure such default or provide such evidence as provided above, then, with a notice to Owner/Developer, the Village may begin proceedings to disconnect o from the Village any portion of the Property upon which obligations or E s 14 a Packet Pg. 312 9.A.c 31 development have not been completed or at the option of the Village, to a rezone such Property to the Residential Estate District. In such event, this o 00 �o Agreement shall be considered to be the petition of the Owner/Developer to M disconnect such portion of the Property, or at the option of the Village, to as a rezone such Property to the Residential Estate District. ° a b. In addition to sub -paragraph a. hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be L .° performed and provided by the Developer not by the Owner. The Village E c E agrees that the Owner as such is exculpated from any personal liability or a� a� a obligation to perform the commitments and obligations of the Developer set c forth herein and that the Village will look solely to the Developer for such X performance, except that to the extent that the Owner or successor thereto c a shall become a developer or shall designate or contract with a developer c a c other than Developer. In that case, the Owner or the new designee shall be L subject to the liabilities, commitments and obligations of this Agreement. It is a a understood and agreed that Developer shall not have obligations under this as r_ c Annexation Agreement until Developer acquires the Property. In the event 2 O that Developer does not acquire the Property, Developer is not obligated by 17 eo this Annexation Agreement. N Litigation. O a. The Owner/Developer, at its cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owner/Developer shall cooperate with the Village in said litigation (1) m L but Owner/Developer's counsel will have principal responsibility for such a litigation. x c b. The Owner/developer shall reimburse the Village for reasonable attorneys' c a L fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning and development of the Property or in the c s L) 15 a Packet Pg. 313 9.A.c enforcement of any of the terms of this Annexation Agreement upon a a default by the Owner/Developer. c 00 to c. Owner/Developer hereby indemnifies and holds the Village harmless from M any actions or causes of action which may arise as a result of development as a activities for which the Owner/Developer is responsible. a 32. Indemnification Concerning Recapture, The Owner/Developer shall indemnify, defend and save harmless the Village, its officers, agents and employees, from any and all L ° actions, claims or demands arising out of the existence, terms, administration, enforcement or c E a� a� attempted enforcement of any provision concerning recapture in this Agreement. The a Owner/Developer shall prosecute or defend any action, proceeding or cause, legal or c otherwise, that may arise out of the existence, terms, administration, enforcement or X attempted enforcement of any provisions concerning recapture in this Agreement. The c a Owner/Developer will hold the Village, its officers, agents, and employees, free and harmless c a c from any costs, fees (including attorney's fees and expenses) or judgments which the Village, its L officers, agents or employees may incur or become liable for pursuant to any such action, claim a a or cause. The Village shall endeavor in good faith to enforce the provision of the recapture as c provisions hereof and to collect the recapture as established herein. However, the parties 0 recognize the possibility of omissions or errors, and it is agreed that the Village shall not be 17 eo liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce N the payment of said recapture as established herein. The Village's obligation is limited to the 0 Go amount or amounts actually collected pursuant to the provisions of this Agreement. 33. Special Conditions. aD a. It is understood and agreed that upon annexation the Village will issue new m L street address(es) for building(s) on the Property to ensure proper a identification for provision of services, and Owner shall use said VillageCD x address(es) in place of current address(es) assigned by Lake County. Owner is c a L also required to contact the Buffalo Grove Post Office and submit a change of address(es) requesting use of the address(es) as assigned by the Village. c s 16 a Packet Pg. 314 9.A.c b. Owner/Developer represents and warrants that there is no mortgagee, lien a holder or holder of any security interest affecting title to the Property or any o 00 to part thereof. M c. Owner/Developer shall deposit with the Village the amount necessary to d a reimburse the Village for any real estate tax payments made by the Village to ° a the Long Grove Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire Protection Act (70 ILCS 705/20). Said L ° deposit, as determined by the Village, shall be made by the Developer within c E sixty (60) calendar days of the date of this Agreement. a� a� a d. The Village shall convey and the Developer shall accept the existing Village c owned detention pond located at the southeast corner of Brandywyn and X Buffalo Grove Road. All future maintenance responsibilities of this pond shall c a be borne by the applicable association. c a, c e. Final architectural plans and elevations (including colors and materials) shall i substantially conform to the colored building elevations for both the single a a family detached and the two story townhomes (7 pages) submitted as part of as c the public hearing submittal dated November 27, 2017 attached as Exhibit G. 0 The final architectural plans and elevations shall be in substantial 17 eo conformance with Exhibit G and shall not use aluminum or vinyl siding. Prior N to the issuance of the first building permit for a residential unit/building, the 00 developer shall prepare and submit a final architectural package that shall be reviewed and approved by the Village. a� f. All building elevations (detached and attached) that abut existing and future E L rights -of -ways shall include foundation landscaping and optional windows as °1 a depicted in the Architectural Rendering attached as Exhibit G in a manner x c acceptable to the Village. c a L g. The final plat of subdivision shall be in substantial conformity with the Preliminary Plat attached as Exhibit C as revised in a manner acceptable to c d E s ca 17 a Packet Pg. 315 9.A.c the Village. The future right-of-way (ROW) at the southernmost terminus of Street G and Street I shall be identified as outlots with the maintenance responsibility of the HOA. At the request of the Village, these outlots shall be conveyed to the Village for future ROW. All future and subsequent homeowners shall sign a disclosure acknowledging that these outlots will become a future public road. A sign shall also be posted on the property, in a form and manner acceptable to the Village, indicating that this area will be future ROW. h. Turning radii throughout the development may be revised in a manner a acceptable to the Village. This may require the need to limit on -street c parking in a manner acceptable to the Village. CD X c i. Final engineering shall be revised in a manner acceptable to the Village. a c j. The final landscape plan shall be revised in a manner acceptable to the a, c Village. i a k. All medians and islands located in public ROW in the final plats of subdivision a as shall be identified as outlots and shall be the ownership and maintenance c responsibility of the applicable association. 0 I. On -street parking in the single-family detached cul-de-sacs shall be 17 eo prohibited. N m. Setbacks for all residential units shall be in accordance to Exhibit E. 0 00 n. An emergency access to Buffalo Grove Road shall be provided in a manner acceptable to the Village. This shall include an emergency access to Buffalo a� Grove Road from Street K and from Street I. E m d L o. Prior to the recording of the first plat of subdivision for any portion of the °1 a x Property, a phasing plan shall be submitted in a manner acceptable to the c c Village and Developer shall be permitted to record final plats of subdivision a L for the Property in phases as approved by the Village. The Village may c consider earthwork and mass grading prior to the recording of the applicable £ s ca 18 a Packet Pg. 316 9.A.c phase of the final plat provided that the necessary letters of credit are a provided for the phase contained within said final plat and the plan has been c 00 to approved by the Village. p. The proposed development shall be allowed to follow the current building as a codes and local amendments in place at the time of the approval of this a Agreement. This provision shall lapse 5-years after the issuance of the first building permit. L ° q. Prior to the issuance of the first building permit, Developer shall submit a c E mutually agreeable plan identifying a location for the model home area(s). a� a� a r. The Plat of Annexation shall be revised in a manner acceptable to the Village c Attorney. X 34. Traffic Enforcement Agreement — The Owner/Developer shall, at the request of c a the Village, enter into an agreement for the enforcement of Village traffic ordinances and other c a c ordinances on the Subject Property. L 35. Well and septic facilities and underground tanks — All water wells and septic a a sewer facilities on the Property shall be properly sealed or pumped and filled as required by the as c Illinois Department of Public Health and as approved by the Village Health Officer. Any 0 underground tanks shall be removed as permitted and approved by the Illinois State Fire 17 eo Marshal. Said sealing and removing of wells, septic facilities and underground tanks shall be N completed on a schedule as directed by the Village. 0 Go 36. Removal of buildings and structures — All buildings, structures, vehicles and other materials on the Property shall be removed prior to any site preparation work for the a� development. If the Village determines, in the period prior to development, that structures or E L other objects need to be removed from the Property to prevent health or nuisance problems, a Owner shall comply pursuant to the Village's direction. x 37. Variation provisions — The following Variations to the Zoning Ordinance, c a L Development Ordinance and Sign Code are hereby granted: c d E s 19 a Packet Pg. 317 9.A.c a. Variation to Section 17.28.050 reducing the required perimeter setback as a depicted on the Preliminary Plan. c 00 to b. Variation to Section 17.40.020 decreasing the minimum front yard, interior M side yard, corner side yard and rear yard setbacks as depicted on the as a Preliminary Plan. a c. Variation to Section 17.40.050 decreasing the minimum front yard, interior side yard, corner side yard and rear yard setbacks as depicted on the L ° Preliminary Plan. c E a� a� d. Variation to Section 17.40.020 decreasing the minimum lot width for the R6A a Zoning District as depicted on the Preliminary Plan. c e. Variation to Section 17.40.020 decreasing the minimum lot size for the R6A X Zoning District as depicted on the Preliminary Plan. c a f. Variation to Section 17.20.050 allowing for private streets as depicted on the c M, c Preliminary Plan. L g. Variation to Section 16.50.070 reducing the minimum right-of-way and a a parkway requirements. as r_ c h. Variation to Chapter 14.16 to allow for multiple subdivision identification 2 0 signs as depicted on the Landscape Plan as identified on Exhibit F. 17 eo i. Variation to Section 17.28.050 reducing the minimum building separations as N depicted on the plans submitted as part of the petition. 0 j. Any additional Variations to Chapters 17.28 and 17.36 and Sections 17.40.020 and 17.40.050 that may be necessary to accommodate the a� proposed development as depicted on the plans submitted as part of the E L 2 petition. a x a� IN WITNESS WHEREOF, the Corporate Authorities, Developer, and Owner have caused c a this instrument to be executed by their respective proper officials duly authorized to execute o the same on the day and the year first above written. E s 20 a Packet Pg. 318 9.A.c 0 VILLAGE CLERK CI1LI/►1 DI.7 Herbert R. Didier, Jr. VILLAGE OF BUFFALO GROVE Beverly Sussman, Village President 21 Packet Pg. 319 9.A.c OWNER Bernadette M. Didier 22 R, rA 17 co T CD 0 a0 T T T C E CD L Q x d a a Q m L d E s L) ns a Packet Pg. 320 9.A.c OWNER Herbert R. Didier, III 23 R, rA 17 co T CD 0 a0 T T T C E CD L a x d a a a m L d E s L) ns a Packet Pg. 321 9.A.c OWNER Raymond J. Didier 24 R, rA 17 00 T CD 0 T T T E CD L Q x d a a Q M L d E s L) a Packet Pg. 322 9.A.c OWNER LaRae D. Bane 25 R, rA 17 co T CD 0 C* T T T E CD L Q x d a a Q m L d E s L) a Packet Pg. 323 9.A.c OWNER Mary Lee Handel w R, rA 17 00 r CD 0 a0 T r r C E L Q x d a a Q m L d E s U ns a Packet Pg. 324 9.A.c OWNER Robert J. Handel 27 R, rA 17 00 T CD 0 a0 T T T C E CD L Q x d a a Q m L d E s L) ns a Packet Pg. 325 9.A.c OWNER Melissa A. Bollinger R, c rA 17 00 r CD 0 00 T r r C E L Q x d a a Q m L d E s L) ns a Packet Pg. 326 9.A.c OWNER Julie M. Kelley 29 R, rA 17 co T CD 0 C* T T T E CD L a x d a a a m L d E s L) a Packet Pg. 327 9.A.c OWNER Megan E. Paddock 30 R, rA 17 00 T CD 0 T T T E CD L Q x d r_ r_ Q m L d E s L) a Packet Pg. 328 9.A.c OWNER Robert M. Handel 31 R, rA 17 00 T CD 0 a0 T T T C E CD L Q x d a a Q m L d E s L) ns a Packet Pg. 329 9.A.c OWNER M. Mellode Steffenhagen 32 R, rA 17 co T CD 0 C* T T T E CD L Q x d a a Q m L d E s L) a Packet Pg. 330 9.A.c OWNER David A. Steffenhagen, Sr. 33 R, rA 17 co T CD 0 a0 T T T C E CD L Q x d C C Q m L d E s L) ns a Packet Pg. 331 9.A.c OWNER David A. Steffenhagen, II 34 R, rA 17 co T CD 0 C* T T T E CD L Q x d a a Q m L d E s L) a Packet Pg. 332 9.A.c OWNER Emily A. Morrison 35 R, c rA 17 00 T CD 0 a0 T T T C E CD L a x d C C a M L d E s L) ns a Packet Pg. 333 9.A.c OWNER Kaitlin M. Steffenhagen mi R, rA 17 00 r CD 0 co T r r E L Q x d a a Q m L d E s L) a Packet Pg. 334 9.A.c OWNER Amanda C. Steffenhagen 37 R, rA 17 co T CD 0 C* T T T E CD L Q x d r_ r_ Q M L d E s L) a Packet Pg. 335 9.A.c OWNER Kathleen M. Nielsen M. R, rA 17 00 r CD 0 co T r r E L Q x d a a Q m L d E s L) a Packet Pg. 336 9.A.c OWNER Eric J. Nielsen 39 R, rA 17 Co T O N 0 a0 T T T C E CD L a x d C C a m L d E s L) ns a Packet Pg. 337 9.A.c OWNER Amy R. Bellock 40 R, rA 17 co T CD 0 C* T T T E CD L a x d a a a M L d E s L) a Packet Pg. 338 9.A.c OWNER Scott A. Nielsen 41 R, rA 17 00 T O N 0 O T T T E CD L a x d a a a m L d E s L) a Packet Pg. 339 9.A.c OWNER Thomas V. Nielsen 42 R, rA 17 00 r CD 0 T r r E CD L Q x d a a Q M L d E s L) a Packet Pg. 340 9.A.c OWNER Susan M. Brosio 43 R, rA 17 co T CD 0 C* T T T E CD L Q x d a a Q m L d E s L) a Packet Pg. 341 9.A.c OWNER David W. Brosio 44 R, rA 17 co T CD 0 C* T T T E CD L Q x d a a Q m L d E s L) a Packet Pg. 342 9.A.c OWNER Joseph D. Brosio 45 R, rA 17 00 T CD 0 T T T E CD L a x d a a a m L d E s L) a Packet Pg. 343 9.A.c OWNER Valerie L. Brosio mi R, c rA 17 00 r CD 0 a0 T r r C E L Q x d a a Q m L d E s L) ns a Packet Pg. 344 9.A.c OWNER Joan M. Krueger 47 R, rA 17 00 T CD 0 a0 T T T C E CD L Q x d a a Q m L d E s L) ns a Packet Pg. 345 9.A.c OWNER Lindsey C. Krueger R, rA 17 00 r CD 0 a0 T r r C E L a x d a a a m L d E s U ns a Packet Pg. 346 9.A.c OWNER Daniel P. Krueger, Jr. 49 10 c rA 17 co T CD 0 a0 T T T C E CD L Q x d a a Q m L d E s L) ns a Packet Pg. 347 9.A.c OWNER Alexander P. Krueger 50 R, L 17 00 r CD 0 00 T r r C E L Q X d a a Q m L d E s L) ns a Packet Pg. 348 9.A.c OWNER Joan M. Krueger as custodian for Austin R. Krueger under the Illinois Uniform Transfers to Minors Act 51 Packet Pg. 349 9.A.c OWNER Joan M. Krueger as custodian for Rachel L. Krueger under the Illinois Uniform Transfers to Minors Act 52 Packet Pg. 350 9.A.c OWNER Joan M. Krueger as custodian for Andrew R. Krueger under the Illinois Uniform Transfers to Minors Act 53 Packet Pg. 351 9.A.c DEVELOPER: K. Hovnanian T&C Homes AT Illinois, L.L.C., an Illinois limited liability company M Printed Name and Position K. Hovnanian at Link Farm, LLC, an Illinois limited liability company M This document prepared by: William Raysa Tressler LLP 233 S. Wacker Drive 22nd Floor Chicago, IL. 60606 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 54 Printed Name and Position Packet Pg. 352 9.A.c 55 R, r� u Packet Pg. 353 9.A.c EXHIBIT A LINK CROSSING LEGAL DESCRIPTION Leizal Description: The North 50 acres of the West half of the Southwest quarter of Section 21, Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois. PARCEL INDEX NUMBER: 15-21-300-026-0000 SUBJECT PROPERTY COMMON ADDRESS: 16802 W. Aptakisic Road Prairie View, Illinois 60089 W11 Packet Pg. 354 9.A.c EXHIBIT B LINK CROSSING PLAT OF ANNEXATION 57 Packet Pg. 355 9.A.c EXHIBIT C LINK CROSSING PRELIMINARY PLAT OF SUBDIVISION Packet Pg. 356 9.A.c EXHIBIT D LINK CROSSING PRELIMINARY ENGINEERING PLAN 59 Packet Pg. 357 9.A.c EXHIBIT E LINK CROSSING PRELIMINARY SITE PLAN 60 Packet Pg. 358 9.A.c .N Y Q Q EXHIBIT F N LINK CROSSING co LANDSCAPE PLAN ca m a O L a a� s L O yr C d E i G� G ' lJ I co r 40 N 0 co T r r d E L Q x 4) C Q m L 0 rt+ C C� G s ca 61 a Packet Pg. 359 9.A.c .N Y Q Q EXHIBIT G N LINK CROSSING co ARCHITECTURAL RENDERINGS ea m a O L a d s L O yr C d E L G� C I co r N 0 00 T r r E L Q x 4) r- r- Q m L rt+ C C� G s ca 62 a Packet Pg. 360 9.A.c EXHIBIT H LINK CROSSING SAMPLE DEVLOPMENT IMPROVEMENT AGREEMENT 63 Packet Pg. 361 9.A.c EXHIBIT I LINK CROSSING RECAPTURE FEES LETTER 64 Packet Pg. 362 9.A.c EXHIBIT J LINK CROSSING SCHOOL DISTRICT 102 FEES 65 Packet Pg. 363 9.B Ordinance No. 0-2018-5 : Ordinance Annexing the Property at 16802 W Aptakisic Rd (Link Crossing Development) Recommendation of Action pp ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Staff recommends that the Village Board approve an Ordinance annexing the property at 16802 Aptakisic Road. K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple - Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. The complete list of the variations is included in Section 37 of the attached draft annexation agreement. Further information and details about the project can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. ATTACHMENTS: • BOT Memo Regarding Annexation • Ordinance (DOCX) • Exhibit B Plat of Annexation (PDF) Trustee Liaison Ottenheimer Monday, January 22, 2018 (DOCX) Staff Contact Chris Stilling, Community Development Updated: 1/18/2018 10:29 AM Page 1 Packet Pg. 364 9.B.a VILL,AGE OF BUFFALO G110"VE DATE: January 18, 2018 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Ordinance Annexing 16802 Aptakisic Road (Link Crossing) nark'r.Rnl Min K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple -Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. The complete list of the variations is included in Section 37 of the attached draft annexation agreement. Further information and details about the project can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance annexing the property at 16802 Aptakisic Road. Page 1 of 1 Packet Pg. 365 9.B.b 01/12/2018 - WGR DM# 708100 ORDINANCE NO. 2018 - AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS 16802 W. Aptakisic Road Link Crossing WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, a written petition signed by all of the owners of record of the land and all the electors in the territory hereinafter described, requesting the annexation of such territory to the Village of Buffalo Grove, has been filed with the Village Clerk of the Village of Buffalo Grove; and, WHEREAS, said territory is not within the corporate limits of any municipality, but is contiguous to the Village of Buffalo Grove; and, WHEREAS, notice of the proposed annexation of such territory has been given to the appropriate authorities; and, WHEREAS, it is in the best interests of the Village of Buffalo Grove that such territory be annexed to the Village of Buffalo Grove. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. That the real property legally described in Exhibit A attached hereto be and hereby is annexed to the Village of Buffalo Grove. A true and correct map of said real property is attached hereto and made a part hereof as Exhibit B. Packet Pg. 366 9.B.b 2 Section 2. The Village Clerk of the Village of Buffalo Grove is hereby directed to cause to be filed in the Office of the Recorder of Deeds of Lake County a copy of this Ordinance with an accurate map of the territory annexed. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk This document was prepared by: Christopher Stilling Director of Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: Beverly Sussman, Village President Packet Pg. 367 3 9.B.b EXHIBIT A Legal Description 16802 W. Aptakisic Road Link Crossing Leal Description: The North 50 acres of the West half of the Southwest quarter of Section 21, Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois. PARCEL INDEX NUMBER: 15-21-300-026-0000 SUBJECT PROPERTY COMMON ADDRESS: 16802 W. Aptakisic Road Prairie View, Illinois 60089 Packet Pg. 368 9.B.b 4 EXHIBIT B Plat of Annexation 16802 W. Aptakisic Road Link Crossing Packet Pg. 369 I ®o Ya �� os � w�� Ro t4 LO) gg L4 x ca LLI 0 > Z 0 LL. 0 Z 0 11— IN. -z ens L lo, z.. ot lo, Lf ol LL LL. —IzAffl000ff .nNL o o- o. o o o A, go x M z- - - - - - - 15 -55 1 4' ro 119, 2 2 7-77iM.O L .00.00N 9Q O la— Z Tg Ok VUO pro of oL3aQo . Eh: OP Q o o�o _ W o '§¢z� zw=� - - PY 9.0 Ordinance No. 0-2018-6 : Ordinance Approving a Rezoning for the Property at 16802 W Aptakisic Rd (Link Crossing Development) ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends that the Village Board approve an ordinance granting approval of the development known as Link Crossing for a total of 187 units. K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple - Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with variations. Further information and details about the project can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. ATTACHMENTS: • BOT Memo Regarding Rezoning • Ordinance Rezoning (DOCX) Trustee Liaison Ottenheimer Monday, January 22, 2018 (DOCX) Staff Contact Chris Stilling, Community Development Updated: 1/18/2018 10:49 AM Page 1 Packet Pg. 371 9.C.a VILLAGE F BUFFALO GRUNT DATE: January 18, 2018 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Ordinance Approving a Rezoning and Development for Link Crossing IN BACKGROUND K. Hovnanian Homes (KHov) is the contract purchaser and developer of the unincorporated 50 acres located at 16802 W Aptakisic Road, which is the former Link Farm. They are requesting to annex the property into Buffalo Grove and proposing a residential development on the property. As proposed, the project requires annexation with a rezoning to R6A One -Family Residential District and R9 Multiple -Family District along with a special use for a Residential Planned Unit Development and approval of a Plat of Subdivision and Preliminary Plan with the following variations: Zoning Ordinance 1. Variation to Section 17.20.050 allowing for private streets as depicted on the plans submitted as part of the petition. 2. Variation to Section 17.28.050 reducing the required perimeter setback as depicted on the plans submitted as part of the petition. 3. Variation to Section 17.40.020 decreasing the minimum front yard, interior side yard, corner side yard and rear yard setbacks as depicted on the plans submitted as part of the petition. 4. Variation to Section 17.40.050 decreasing the minimum front yard, interior side yard, corner side yard and rear yard setbacks as depicted on the plans submitted as part of the petition. 5. Variation to Section 17.40.020 decreasing the minimum lot width for the R6A Zoning District as depicted on the plans submitted as part of the petition. 6. Variation to Section 17.40.020 decreasing the minimum lot size for the R6A Zoning District as depicted on the plans submitted as part of the petition. 7. Variation to Section 17.28.050 reducing the minimum building separations as depicted on the plans submitted as part of the petition. 8. Any additional Variations to Chapters 17.28 and 17.36 and Sections 17.40.020 and 17.40.050 that may be necessary to accommodate the proposed development as depicted on the plans submitted as part of the petition. Sign Code 1. Variation to Chapter 14.16 to allow for multiple subdivision identification signs as depicted on the plans submitted as part of the petition. Development Ordinance 1. A Variation to Section 16.50.070 reducing the minimum right-of-way and parkway requirements. Further information and details about the project can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. ACTION REQUESTED Staff recommends that the Village Board approve an ordinance granting approval of the development known as Link Crossing for a total of 187 units. Page 1 of 1 Packet Pg. 372 9.C.b 01/15/2018-CGS ORDINANCE NO. 2018 - AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS 16802 W. Aptakisic Road Link Crossing WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and WHEREAS, the property legally described in Exhibit A hereto was annexed to the Village of Buffalo Grove by Ordinance No. 2018 - _ pursuant to a written Annexation Agreement dated , 2018 and approved by the Village by Ordinance No. 2018 - ("Annexation Agreement"); and WHEREAS, K. Hovnanian T&C Homes At Illinois, L.L.C. an Illinois limited liability company ("Applicant") applied for a zoning map amendment and a special use for a residential planned unit development; and WHEREAS, notice of public hearing for a map amendment and a special use with variations for a planned unit development has been given and a public hearing was held on April 5, 2017, April 19, 2017 and December 6, 2017 before the Village of Buffalo Grove Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1: Map Amendment, Special Use and Variations. A zoning map amendment from R-E One -Family Residential District to the R6A One -Family Residential District and the R9 Multiple -Family Residential District is granted for the property described in Exhibit A ("Property"). The Comprehensive Zoning Ordinance of the Village of Buffalo Grove, Cook and 1 0) a 0 N G1 G1 U _ _ L O _ as E s U Q Packet Pg. 373 9.C.b Lake Counties, Illinois as amended and the Village's Official Zoning Map is hereby further amended to reflect the zoning districts for the Property. A special use for a Residential Planned Unit Development is granted for the Property. The special use shall run with the use and not with the land. Variations for the Property are also hereby granted as outlined in Section 37 of the Annexation Agreement. Section 2: General Conditions. Development and use of the Property shall be in compliance with the Annexation Agreement. Unless otherwise expressly provided for in the Annexation Agreement, or otherwise expressly approved by the Village Board, the Property shall be subject to and maintained in accordance with Buffalo Grove Municipal Code. Section 3: Specific Conditions. The Special Use for a Residential Planned Unit development shall have the same conditions and obligations agreed to in the Annexation Agreement which shall survive the expiration of the Annexation Agreement and remain in effect unless modified by agreement or by law. Section 4.This Ordinance shall be in full force and effect on and after its passage and approval according to law. This Ordinance shall not be codified. REMAINDER OF DOCUMENT INTENTIONALLY LEFT BLANK 2 Packet Pg. 374 9.C.b AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk This document was prepared by: Christopher Stilling Director of Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: Beverly Sussman, Village President 3 Packet Pg. 375 9.C.b EXHIBIT A Legal Description 16802 W. Aptakisic Road Link Crossing Legal Description: Legal Description: The North 50 acres of the West half of the Southwest quarter of Section 21, Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois. :M:101941►101*114►Lei LTA 10a = &vla SUBJECT PROPERTY COMMON ADDRESS: 16802 W. Aptakisic Road Prairie View, Illinois 60089 E Packet Pg. 376 9.D Ordinance No. 0-2018-7 : Ordinance Approving an Amendment to Chapter 17.36 and Section 8.24.170 of the Municipal Code Concerning Recreational Vehicles (RVs) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll The Planning & Zoning Commission unanimously recommended approval, subject to conditions. Staff concurs with this recommendation. Attached for the Board's consideration is an Ordinance amending Chapter 17.36 and Section 8.24.170 of the Municipal Code concerning the parking of recreational vehicles (RVs) in residential zoning districts. Additional information can be found in the attached staff memorandum. ATTACHMENTS: • BOT Memo (DOCX) • Draft Ordinance (DOC) • PZC Draft Minutes 1-3-18 (PDF) Trustee Liaison Ottenheimer Monday, January 22, 2018 Staff Contact Chris Stilling, Community Development Updated: 1/17/2018 10:28 AM Page 1 Packet Pg. 377 9.D.a "II'Le GE OF BUFFL � _ VI MEMORANDUM DATE: January 18, 2018 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development Is SUBJECT: Amendment to Chapter 17.36 and Section 8.24.170 of the Buffalo Grove Municipal Code concerning Recreational Vehicles. RnrKr,RnI IIUn For the Board's consideration is an Ordinance amending Chapter 17.36 and Section 8.24.170 of the Buffalo Grove Municipal Code concerning Recreational Vehicles. This item was originally reviewed by the Village Board at the August 7, 2017 Committee of the Whole meeting and was referred to the PZC for a recommendation. The PZC reviewed and discussed the issue at its August 16, 2017, November 1, 2017 and November 15, 2017 meetings. The current Village regulations as well as the regulations of several surrounding communities were also reviewed. Several residents also appeared and provided input over the course of the meetings. Based upon this review and input, staff and the PZC developed the revised regulations for the Board's consideration. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION On January 3, 2018, the PZC unanimously recommended approval of the revised regulations. Staff concurs with this recommendation. Public Hearing Comments While there were no attendees at the public hearing, several members of the public appeared at the public workshops and spoke in support of an ordinance that would minimize the impact of recreational vehicles being parked on a residentially zoned lot including time and size limitations as well as parking location and screening. STAFF ANALYSIS Attached is a draft Ordinance for review and consideration by the Village Board. The following is a summary of the changes: New Definition: • Recreational vehicles (RVs): Vehicles or trailers for recreational or non- commercial uses that can be driven, towed, sailed, or hauled. This includes, but is not limited to, those vehicles commonly referred to as RVs, such as motor homes and travel trailers, as well as any snowmobiles, pull campers, all -terrain vehicles (ATV), tent trailers, special purpose trailers, cargo trailers, horse trailers, utility trailers used for hauling, or other similar vehicle; water -oriented vehicles and their trailers including, but not limited to, power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, personal watercrafts (PWC), as well as, row boats, sail boats, and other non -motorized watercraft. A recreational vehicle(s) such as an ATV, PWC or boat on a trailer shall constitute one recreational vehicle. Page 1 of 2 Packet Pg. 378 9.D.a Revised General and Locational Regulations • RVs of any size and any number can be parked in a fully enclosed garage unless such parking specifically prohibited elsewhere in the Code. • No more than one RV may be parked outside on any residential lot. • RVs that are parked outside shall conform to the following regulations: o RVs shall be within size regulations (staff is proposing 30 feet in length, 10 feet in height and 8 feet in width) o RVs shall not have their wheels removed or be affixed to the ground o RVs shall be parked on a hard surface driveway (i.e. asphalt, pavers, or other similar materials resulting in a dust free surface) o RVs shall not encroach into the right-of-way or over the public sidewalk o RVs shall be operable and moved at least once in any calendar year • Parked RVs should not be used for living, sleeping or other purposes or as accessory structures. • RVs that are being repaired, in an inoperative condition, or not licensed, may be parked outside on a temporary basis (no more than a total of 48 hours in any calendar year), otherwise they are to be in an enclosed garage. Location • RVs of any size may be parked in the front yard only on a temporary basis for no more than a total of 10 days per calendar year for the purpose of loading, unloading, cleaning, and maintenance. RVs shall not encroach into the right-of-way or over the public sidewalk. • An RV can be parked in the interior side yard of a residentially zoned lot provided that it is effectively screened from the public view and it meets the required side yard setback of the zoning district. Adequate screening (fencing or landscaping) shall be a minimum of 5 feet in height and properly maintained. • An RV can be parked in the rear yard of a residentially zoned lot provided that it is effectively screened from the public view and it meets the required rear yard setback of the zoning district. Adequate screening (fencing or landscaping) shall be a minimum of 5 feet in height and properly maintained. • An RV shall not be located in the corner side yard setback. • Any property not meeting these regulations shall require a variation pursuant to the terms established in Chapter 17.52 of the Buffalo Grove Zoning Ordinance. Amendment to Section 8.24.170 of Village Code As part of the proposed changes, staff is also amending the Village's nuisance provisions. This will allow for greater enforcement. Effective Date Currently, staff is proposing that the Ordinance take effect on June 1, 2018. This will allow time for staff to canvas the community and identify (where possible) those properties that may be impacted by the new regulations. Those that are identified will be provided a notice that highlights the new regulations. The June 15t date will allow them sufficient time to comply with the Code (landscaping, pavers, fencing, etc.). ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance amending Chapter 17.36 and Section 8.24.170 of the Buffalo Grove Municipal Code concerning Recreational Vehicles. Page 2 of 2 Packet Pg. 379 9.D.b Underlined = addition Stf k ett� = deletion ORDINANCE NO. 2018 - AN ORDINANCE AMENDING SECTION 17.36.030, ADDITIONAL REGULATIONS - PARKING, AND SECTION 8.24.170, DESIGNATIONS, OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village has received several complaints from residents concerned that the Village's parking regulations for recreational vehicles ("RV") are too permissive; and WHEREAS, the Village conducted a survey through the Northwest Municipal Conference (NWMC) to see how RVs are regulated in other communities; and WHEREAS, proposed RV parking regulations were discussed at several Planning & Zoning Commission meetings; and WHEREAS, a violation of Sections 17.36.030. H.3 and H.4.is found to be a nuisance. 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. Subsection H, Parking in Residential Districts of Section 17.36.030, o T Additional Regulations -Parking, of the Buffalo Grove Municipal Code is hereby amended to N read as follows: 0 17.36.030, Additional Regulations -Parking. H. Parking in Residential Districts. The following restrictions and regulations shall apply to parking and storage on private property in all residential districts. 1. Commercial vehicles. One commercial vehicle up to the following size including appurtenances and attachments per zoned residential lot shall be permitted: Length 18 feet Packet Pg. 380 9.D.b Width 8 feet Height 7 feet No parking of any commercial vehicle shall be allowed on Village streets except for deliver or service. 2. Definition of recreational vehicle (RV): Vehicles or trailers for recreational or non- commercial uses that can be driven, towed, sailed, or hauled. This includes, but is not limited to, those vehicles commonly referred to as RVs, such as motor homes and travel trailers, as well as any snowmobiles, pull campers, all -terrain vehicles (ATV), tent trailers, special purpose trailers, cargo trailers, horse trailers, utility trailers used for hauling, or other similar vehicle; water -oriented vehicles and their trailers including, but not limited to, power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, personal watercrafts (PWC), as well as, row boats, sail boats, and other non -motorized watercraft. A recreational vehicle(s) such as an ATV, PWC or boat on a trailer shall constitute one recreational vehicle. 3. Parking or storage of recreational vehicles. a. General Regulations i) Recreational vehicles of anv size and anv number can be narked in a fully enclosed garage unless such parking specifically prohibited elsewhere in the Code. (ii)No more than one recreational may be parked outside on any recide.ntial lot (iii) Recreational vehicles that are parked outside shall conform to the following regulations: E o Recreational vehicles shall be within size regulations of: 30 Q c feet in length, 10 feet in height and 8 feet in width. Q o Recreational vehicles shall not have their wheels removed or be affixed to the rg ound. T" 0 o Recreational vehicles shall be parked on an approved hard N surface (i.e. concrete, asphalt, pavers, or other similar o materials resulting in a dust free surface). o Recreational vehicles shall not encroach into the right -of- M way or over the public sidewalk. o Recreational vehicles shall be operable and moved at least O once in any calendar year. M (iv) Parked recreational vehicles should not be used for living. o sleeping or other purposes or as accessory structures. (v) Recreational vehicles that are being repaired, in an inoperative condition, or not licensed, may parked outside on a temporary basis (no more than a total of 48 hours in a Packet Pg. 381 9.D.b calendar), otherwise they are to be in an enclosed _garage. b. Location. (i) Recreational vehicles of any size may be parked in the front yard only on a temporary basis for no more than a total of 10 calendar days per calendar year for the purpose of loading unloading, cleaning, and maintenance. Recreational vehicles shall not encroach into the right-of-way or over the public sidewalk. (ii) A recreational vehicle can be parked in the interior side yard of a residentially zoned lot provided that it is effectively screened from the public view and is not parked within the required side yard setback of the zoning district. Adequate screening (fencing or landscaping) shall be a minimum of 5 feet in height as installed and properly maintained. (iii) A recreational vehicle can be parked in the rear yard of a residentially zoned lot provided that it is effectively screened from the public view and it meets the required rear yard setback of the zoning district. Adequate screening (fencing or landscaping) shall be a minimum of 5 feet in height as installed and properly maintained. (iv) A recreational vehicle shall not be located in the corner side yard setback. (v) Any property not complying with the regulations set forth in this Subsection H. shall require a variation pursuant to the terms established in Chapter 17.52 of the Buffalo Grove Zoning Ordinance. .�r�se��rr�.frsrs. I . I�Jlll Jt!ft l�w�� L%lll7l T c L c 0 c.� a� 0 c.� a as s 0 0 v N 00 c 0 u 0 Co c M ti a� Q. 0 s c.� 0 c a� E c 0 E a a 0 N 0 V C m C 0 L E s 0 ca a Packet Pg. 382 9.D.b LAWRINTM Ow"TWATFIAIN _ •. r _ A . _ 4.4. Multiple -Family Districts (R-7, R-8, and R-9). a. In multiple -family districts (R-7, R-8, and R-9) the requirements of Section 17.36.030.H.2.b. (i) shall apply where a driveway is present on the zoned lot. b. In multiple -family districts (R-7, R-8, and R-9) where no co T driveway is present and where common parking areas are provided, N then the number of recreational vehicles shall not exceed the 0 number of units on the zoning lot. In all other respects, the requirements of Section 17.36.030.H.2.b. (i) hereof shall be applicable. c. Parking of recreational vehicles shall be in a designated area separate from general parking. Section 3 Subsection I of Section 8.24.170, Designation, is hereby added to the Buffalo Grove Municipal Code to read as follows: E Packet Pg. 383 9.D.b Section 8.24.170 I. To cause or allow a violation of Sections 17.36.030.H.3. Or H.4.of the Buffalo Grove Municipal Code. Section 4. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 5. Any person violating any portion of this Ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. The implementation of this Ordinance shall be delayed until June 1, 2018. AYES: NAYES: ABSENT: PASSED: 2018 APPROVED: , 2018 PUBLISHED: ATTEST: Janet Sirabian, Village Cleric #705653 9 2018 APPROVED: Beverly Sussman, Village President Packet Pg. 384 9.D.c DRAFT MINUTES 01/3/2018 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 Public Hearings/Items For Consideration Consider an Amendment to Chapter 17.36 Zoning Ordinance and Section 8.24.170 of the Buffalo Grove Municipal Code Concerning RV Regulations (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Christopher Stilling, Director of Community Development; Nicole Woods, Village Planner; and Brian Sheehan, Building Commissioner, were present and sworn in. Mr. Stilling advised the Planning & Zoning Commission (PZC) that the final version of the draft Ordinance concerning RV regulations is being presented to the PZC for review and recommendation. The proposed regulations are pretty much unchanged since the last workshop, except for the implementation date, which is proposed in the draft Ordinance as June 1, 2018. That will give staff time to canvass the Village and give notice to the residents that are found to currently have RVs. Com. Lesser asked about the highlight and strikeout draft Ordinance. Mr. Stilling advised that the strikeout portion is the current Ordinance and since this would be codified, the highlight and strikeout version assists MuniCode in making the changes. Com. Moodhe asked if this revision addresses commercial vehicles. Mr. Sheehan advised that commercial vehicles are addressed under a different section of the current Code. There were no additional questions or comments from the Commissioners. There were = no questions or comments from the audience. Q ti eo Ch. Cesario entered the Staff Report dated December 21, 2017 as Exhibit 1. N O The public hearing was closed at 8:16 PM. Moved by Com. Khan, seconded by Com. Lesser, to recommend to the Village Board to approve the amendments to Chapter 17.36 and Section 8.24.170 of the Buffalo Grove Municipal Code concerning Recreational Vehicles. Packet Pg. 385 DRAFT MINUTES 01/3/2018 9.D.c MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 3, 2018 RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 1/22/2018 7:30 PM MOVER: Zill Khan, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser ABSENT: Mitchell Weinstein, Amy Au ti 00 0 N 0 Packet Pg. 386 9.E Resolution No. R-2018-2 : A Resolution Approving a Revised Intergovernmental Agreement for the Combined Area Fire Training Facility Recommendation of Action pp ,,,,,,,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Siaff recommends approval. With the 2017 addition of the Deerfield FD to the CAFT organization, the original 1995 CAFT intergovernmental agreement has been revised and reviewed by the Village legal counsel. Staff recommends that the Village of Buffalo Grove approve the revised agreement between the five CAFT jurisdictions. ATTACHMENTS: • 01-22-18 CAFT agreement cover memo (DOCX) • CHICAGO14697652-0-Amended_and_Restated_CAFT_Agreement (DOCX) Trustee Liaison Johnson Monday, January 22, 2018 Staff Contact Mike Baker, Fire Updated: 1/17/2018 10:21 AM Page 1 Packet Pg. 387 9.E.a NA 1, L AGE )F MEMORANDUM DATE: January 3, 2018 TO: Beverly Sussman, Village President FROM: Mike Baker, Fire Chief/EMA Director SUBJECT: Revised Combined Area Fire Training Facility Agreement BACKGROUND Starting in 1991, the fire departments from Buffalo Grove, Wheeling and Long Grove recognized the need for a combined training facility as all three fire departments worked closely with each other and combined training would be beneficial. Discussions and planning continued between the three municipalities and in 1995, an agreement was signed and the Combined Area Fire Training Facility (CAFT) became a reality located at 851 Krause Drive. Site construction started in 1996 with a basic burn tower, dive pond and various training props. The Lincolnshire Riverwoods Fire Protection District joined the CAFT organization and continuing improvements to the CAFT site were made over the years. These improvements include: a live fire section of the burn tower, flashover trainer, rail car on railroad tracks, forcible entry simulator, drafting pit and many others. In June 2017, the Deerfield -Bannockburn Fire Protection District requested to join the CAFT organization. With the addition of the fifth fire department to the CAFT organization, a revised agreement was drafted by the Buffalo Grove legal counsel. This agreement is in the process of being approved by all five CAFT jurisdictions. RECOMMENDATION As the Buffalo Grove Fire Department was a member of the original 1991 CAFT intergovernmental agreement and upon review by the Village legal counsel, staff recommends that the Village of Buffalo Grove approve the revised agreement between the five CAFT jurisdictions. 0 1= d E L 0 m E a� d F_ a_ Q U 00 N N O _ G1 s U 0 Q Packet Pg. 388 9.E.b July 19, 2017 # 697652 AMENDED AND RESTATED COMBINED AREA FIRE TRAINING FACILITY AGREEMENT This Agreement is made and entered into this 22nd day of January, 2018 by and between the Village of Buffalo Grove, Illinois (hereinafter "Buffalo Grove"), an Illinois municipal corporation; the Village of Wheeling, Illinois (hereinafter "Wheeling"), an Illinois municipal corporation, Long Grove Fire Protection District (hereinafter "Long Grove"), a fire protection district organized pursuant to the laws of the State of Illinois; Lincolnshire -Riverwoods Fire Protection District (hereinafter "Lincolnshire"), a fire protection district organized pursuant to the laws of the State of Illinois; Deerfield -Bannockburn Fire Protection District (hereinafter "Deerfield"), a fire protection district organized pursuant to the laws of the State of Illinois. WITNESSETH WHEREAS, Buffalo Grove, Wheeling and Long Grove have previously entered into a Fire Training Facility Agreement dated February, 8, 1995, and WHEREAS, the parties hereto deem it to be in their mutual best interests to, and they hereby do, (i) amend, restate and replace the 1995 Fire Training Facility Packet Pg. 389 9.E.b Agreement in its entirety and (ii) adopt this Amended and Restated Agreement as their Fire Training Facility Agreement, and WHEREAS, both Buffalo Grove and Wheeling are Home Rule municipalities pursuant to the Illinois Constitution of 1970; and WHEREAS, the parties hereto are authorized to enter into this Agreement pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. and other applicable authority; and WHEREAS, Long Grove, Lincolnshire and Deerfield pursuant to 70 ILCS 705/6, have the power to enter into multi -year contracts for the installment purchase of personal property; and WHEREAS, it is the intent of the parties hereto to operate and maintain a Fire Training Facility in Buffalo Grove, which shall be personal property subject to aground lease; and WHEREAS, it is the intention of the parties hereto that none shall be a customer of the others, but rather this facility and all future improvements shall be constructed and operated with construction costs, costs of additions, and costs of operation and maintenance being divided among them in a fair and equitable manner as set forth hereinafter with greater specificity; and 2 Packet Pg. 390 9.E.b WHEREAS, this Agreement is made for the purpose of promoting the public health, safety and welfare of the citizens of Buffalo Grove, Wheeling, Long Grove, Lincolnshire and Deerfield NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements hereinafter set forth, the parties hereto hereby agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement by this reference. 2. Definitions. A. Combined Area Fire Training facility ("CAFT") B. "Committee" means the CAFT Facility Committee established pursuant to Section 4 hereof. C. "CAFT Facility" means the five working level training structure with attached two story structure which includes two burn rooms, LPG Hazardous Materials trainer, LPG storage tank, below grade training tunnel and shaft, flammable liquids burning pit, railroad tank car, Flashover container, emergency vehicle driving course, classroom building, necessary appurtenances and all necessary site improvements to effectuate the foregoing. The CAFT Facility shall also include such future improvements and/or changes undertaken with the joint 3 Packet Pg. 391 9.E.b authorization of all the Members. The CAFT Facility is and shall be personal property owned by the Members. D. "Facility Site" means the real property set forth in Section 3 hereof upon which the CAFT Facility will be located. E. "Member or "Members" means the Village of Buffalo Grove, Village of Wheeling, Long Grove Fire Protection District, Lincolnshire - Riverwoods Fire Protection District, and Deerfield - Bannockburn Fire Protection District as well as all other Members who become parties to this Agreement. 3. Location and Lease. A. The CAFT Facility shall be located on the following legally described real property in Buffalo Grove: Lots 11 through 18 in Covington Corporate Center Unit 1, being a subdivision in the South 1/2 of Section 27 and the North 1/2 of Section 34, Township 43 North, Range 11, East of the Third Principal Meridian, in Lake County, Illinois, plat of subdivision recorded June 24, 1987 in Lake County, Illinois as Document Number 2582920. Approximately 4.5761 acres PIN: 15-34-205-001 through 15-34-205-008 (Hereinafter sometimes referred to as "Facility Site a 4 Packet Pg. 392 9.E.b The Facility Site shall be owned and controlled by Buffalo Grove except as set forth in this Agreement. B. For and in consideration of the execution of this agreement and other good and valuable consideration Buffalo Grove does hereby lease the Facility Site to the parties hereto for the term and purposes set forth in this Agreement. 4. CAFT Facility Committee A. A permanent committee to be known as the CAFT Facility Committee (the "Committee") is hereby established. The Committee shall be composed of one individual from each Member. The individual representative shall be appointed as determined by the Member. B. The purpose of the Committee shall be to provide administrative direction for all operations of the CAFT Facility and attendant matters, including the construction of improvements. C. Decisions of the Committee shall be made by a majority vote D. All appointees under Paragraph A above shall serve at the discretion of the appointing authority and any vacancy occurring on said Committee for any reason shall be filled within thirty (30) calendar days by said appointing authority with written notice of said new appointment being provided to all other parties hereto. Packet Pg. 393 9.E.b as it E. The Committee shall adopt such rules of procedure deems advisable, and shall establish all necessary rules and regulations concerning the operation and use of the CAFT Facility. F. The Committee shall meet at a minimum quarterly, elect officers, keep minutes, and comply with the Illinois Open Meetings Act. 5. CAFT Facility Accounts. A. The Committee, on or before November 1 st of each year, shall prepare and submit to each Member a budget for the operation and maintenance of the CAFT Facility for the upcoming year. The fiscal year shall be January 1 st through December 31 st. Operation and maintenance shall include, but not by way of limitation, building and grounds maintenance, facility and site enhancements, insurance premiums, auditing costs and capital equipment and facilities replacement. Upon the approval of said budget by all Members each Member shall make its $10,000 payment on or before February 1 st of said fiscal year. B. The Committee shall establish a "CAFT Facility Maintenance Account" into which each Member shall make its deposit. Expenditures from said account shall be made upon. Approval of a majority of the Committee. No expenditure in excess of $5,000 shall be made from said Maintenance Account without the joint approval of all the Members unless said expenditure is specifically delineated on the approved budget. Packet Pg. 394 9.E.b C. The Committee shall on or before February 1 st of each year render an audited accounting of the previous fiscal year to each Member. D For purposes of administration, the CAFT Facility Maintenance Account shall be established and maintained by Buffalo Grove. 6. Delinquent Members. In order to maintain its status as a party in good standing to this Agreement, each Member must keep current with payment of its share of the maintenance fees and committee approved expenditures hereunder. Should any Member fail to maintain good standing as above, the remaining Members (by majority vote) may suspend the delinquent Members use of the CAFT Facility or any other privileges hereunder, but the delinquent Member shall continue to be responsible for any unpaid portion of the maintenance fees or other approved committee approved expenditures due hereunder. The other Members in good standing are authorized hereunder to use every legal means available to collect sums due from other Members which are a party to this Agreement. 7. Use of the CAFT Facility. A. The use of the CAFT Facility shall be limited to the Members and may be made available for other recognized bona fide fire departments, law enforcement agencies, rescue and other emergency units and other governmental agencies in accordance with the rules and regulations adopted by the Members. Packet Pg. 395 9.E.b B. Should the CAFT Facility be damaged or destroyed through the negligence of any Member or renting agency, it shall be the responsibility of that party to pay for any and all damages done to those facilities. 8. New Members Buy -In. The parties reserve unto themselves the right to allow new members to participate in this Agreement upon such terms and conditions as the original Members shall jointly agree. 9. Departing Member. Any Member may cease its use of the CAFT Facility upon a minimum 180 calendar day written notice to the other Members. Upon such cessation, the departing Member shall be entitled to receive its proportionate share then remaining in the Maintenance Account less 15%. No refund or reimbursement shall be made to the departing Member of any monies paid for new membership. 10. Termination By Buffalo Grove. A. Buffalo Grove shall have the right to terminate the other Members use of the CAFT Facility, the Facility Site, and this Agreement, but only upon compliance with the following: Members, and 1. a minimum 180 calendar day written notice to the other 2. payment to the other Members of their proportionate share then remaining in the Maintenance Account, and; n Packet Pg. 396 9.E.b 3. payment to the other Members of the depreciated value of the CAFT Facility (including capital acquisition and replacement costs) using the straight line method of depreciation over 20 years, and; 4. A guarantee that the Facility Site shall not be used as a fire training facility. The foregoing shall not limit Buffalo Grove's use of the Facility Site for a use other than fire training. 11. Amendments. No modification, addition, deletion, revision, alteration or other change to this Agreement shall be effective unless and until such change is reduced to writing and executed and delivered by the parties hereto. 12. Indemnification. A. Each party hereto agrees to waive all claims against all other parties hereto for any loss, damage, personal injury or death occurring in consequence of this Agreement; provided, however, that such claim is not a result of gross negligence or willful misconduct by a party hereto or its personnel. B. Each party hereto hereby expressly agrees to hold harmless, indemnify and defend other Members and their personnel from any and all claims, demands, liability, losses, suits in law or in equity which are made by a third party. This indemnity shall include attorney fees and costs that may arise as a consequence of said claim. Provided, however, that all employee benefits, wage a Packet Pg. 397 9.E.b and disability payments, pensions, workman's compensation claims, damage to or destruction of equipment and clothing, and medical expenses of each Member shall be the sole and exclusive responsibility of that Member for its employees, provided, however, that such claims made by a third party are not the result of gross negligence or willful misconduct on the part of another Member or their personnel. 13. Governing Laws. This Agreement and the rights of the parties hereunder shall be interpreted according to the laws of the State of Illinois. 14. Communications. All written communications related to this Agreement shall be addressed and delivered as follows: Village of Buffalo Grove If to Buffalo Grove: Attention: Dane Bragg, Village Manager 50 Raupp Boulevard Buffalo Grove, IL. 60089 With a copy to: Village of Buffalo Grove Attention: Mike Baker, Fire Chief 1051 Highland Grove Drive Buffalo Grove, IL. 60089 If to Wheeling: Village of Wheeling Attention: Jon Sfondilis, Village Manager 255 W. Dundee Road Wheeling, IL.60090 10 Packet Pg. 398 9.E.b With a copy to: Village of Wheeling Attention: Keith MacIsaac, Fire Chief 255 W. Dundee Road Wheeling, IL.60090 If to Long Grove: Long Grove Fire Protection District Attention: David Klein, District President Box 11 RFD Long Grove, IL.60047 With a copy to: Long Grove Fire Protection District Attention: Robert Turpel, Fire Chief Box 1165 RFD Long Grove, IL. 60047 If to Lincolnshire: Lincolnshire - Riverwoods Fire Protection District Attention: Barbara LaPiana, District President 115 Schelter Road Lincolnshire, IL 60069 With a copy to: Lincolnshire - Riverwoods Fire Protection District Attention: Thomas Krueger, Fire Chief 115 Schelter Road E Lincolnshire, IL 60069 a N N If to: Deerfield Deerfield - Bannockburn Fire Protection District o Attention: Phil Bettiker, District a President x 500 Waukegan Road, Deerfield, IL 60015 E M U a 11 Packet Pg. 399 9.E.b With a copy to: Deerfield - Bannockburn Fire Protection District Attention: Ian Kazien, Fire Chief 500 Waukegan Road, Deerfield, IL 60015 The address of any party may be changed by written notice delivered to the other parties hereto. All new Members shall provide an appropriate address for notification. 15. A. Assignment. No party to this Agreement shall assign any rights hereunder without the consent of the other parties. B. All of the terms and provisions hereof shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 16. Termination. Except as otherwise set forth herein, this Agreement may only be terminated or amended upon the joint approval of all the parties hereto. 17. A. parties hereto. Effective Date. This Agreement shall be effective upon its execution by all the 12 Packet Pg. 400 9.E.b B. This Agreement may be signed in counterparts, which, when taken together, shall constitute the entire Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be signed and delivered on its behalf Attest: Janet Sirabian, Village Clerk Attest: Stephen Wernikoff, Secretary Village of Buffalo Grove M Beverly Sussman, Village President Long Grove Fire Protection District By: David Klein, District President 13 Packet Pg. 401 9.E.b Attest: Elaine Simpson, Village Clerk Attest: William Genell, Secretary Attest: Jeff Hansen, Secretary Village of Wheeling By: Jon Sfondilis, Village President Lincolnshire - Riverwoods Fire Protection District By: Barbara LaPiana, District President Deerfield - Bannockburn Fire Protection District By: Phil Bettiker, District President 14 Packet Pg. 402 9.F Resolution No. R-2018-3 : Resolution Adopting the 2018 Personnel Manual Revisions ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval of the attached Resolution adopting the 2018 Personnel Manual revisions. The process of revising the Personnel Manual was undertaken in recognition that a comprehensive review of the document had not been conducted since 2013, although incremental changes had been made to the Manual on an as needed basis. Staff seeks Board approval of the attached Resolution adopting the entire Manual as part of the Regular Board meeting of January 22, 2018, the amendments to the Manual will become effective immediately following approval. Following Board approval, staff will distribute the amended Manual to all staff, as well as educate employees where appropriate. ATTACHMENTS: 2018 Personnel Manual Summary of Changes (DOCX) • Village of Buffalo Grove Personnel Manual 2018 - Redline 1.18 (DOC) • Personnel Manual Resolution 2018 (DOCX) • Village of Buffalo Grove Personnel Manual 2018 - Final 1.18 (DOC) Trustee Liaison Staff Contact Ottenheimer Arthur a Malinowski, Human Resources Monday, January 22, 2018 Updated: 1/18/2018 2:56 PM Page 1 Packet Pg. 403 To: Village of Buffalo Grove Board of Trustees From: Arthur A. Malinowski, Jr., Director of Human Resources Peter M. Cahill, Management Analyst Date: January 18, 2018 Subject: Amendments to the Village's Personnel Manual The process of revising the Personnel Manual (Manual) was undertaken in recognition that a comprehensive review of the document had not been conducted since 2013, although incremental changes had been made to the Manual on an as needed basis. Department Directors along with Jill O'Brien, employment law counsel from Laner Muchin, reviewed the document on several occasions and provided meaningful input. Their recommendations on both current and proposed language have been incorporated into the attached document. The recent amendments to the Manual are intended to: A) Ensure that the Village fully complies with all applicable Federal and State labor and employment laws; B) Clarify the policies, practices and procedures currently located within the document; and C) Incorporate new human resource related policies, practices and procedures into the existing document. Staff seeks Board approval of the attached Resolution adopting the entire Manual as part of the Regular Board meeting of January 22, 2018, the amendments to the Manual will become effective immediately following approval. Following Board approval, staff will distribute the amended Manual to all staff as well as educate employees where appropriate. This document includes a summary of the changes with appropriate page numbers, a redlined version of the document, and the finalized document. The page numbers refer to the redlined version. Although changes were made to several sections of the Manual, the following represents a summary of the major or substantive changes: A. All leLral requirements amended via Labor Attornev (Purple or Blue Letterin 1. These changes do not alter the Village's policies and are only included to maintain legal compliance. 2. Added sections to comply with State and Federal Law for: Accommodation Policy, Victims' Economic Security and Safety Act (VESSA) Leave, Nursing Mother Breaks, School Visitation Leave, Family Military Leave of Absence and a No Smoking Policy Section. -1- Packet Pg. 404 9.F.a 3. Adding protections for employees with order of protection, pregnancy, childbirth or related medical conditions, gender, gender identity or expression. 4. Minor language changes made to comply with updated state laws. B. Chapter 3.00 Anti -Harassment Policy 1. As amended by state law and approved at the December 18, 2017 Village Board Meeting. Pg.11 C. Chanter 6.00 Rating of Probationary Period- ChanLye in LanguaLye 1. Prior to the expiration of the employee's probationary period of one year for non - represented employees the appointing authority shall notify the Village Manager (or designee) in writing if the employee will be NOT continue in the position. Pg.26 D. Chapter 8.00 Compensation -Addition of the existing evaluation and compensation policy into Chapter 8.00. Pg.33 E. Chapter 9.00 Performance Evaluation- Addition of the existing evaluation and compensation policy into Section 9.00. Pg. 44 F. Chapter 11.00 —Holidays 1. Starting Monday October 8, 2017. Columbus Day shall be formalized as an in- service day in the Village. Pg.49 2. Please note that except for any prescheduled/preapproved days off, staff is expected to attend one of training sessions and your employees are expected to work their "normal" schedule, as Columbus Day is not a Village Holiday. Pg.49 G. Chanter 12.00 Leave- Additional Personal Days Granted For Positions Required To Attend Regular Night Meetings. P2.51—Rather than the current policy of awarding additional vacation days to eligible employees, these days will be converted personal days so that they are not subject to vacation carry over or buy back provisions. 1. Additional Leave granted in the form of personal days for positions required to attend regular night meetings. The following positions shall be awarded five (5) additional personal days (40 hours) which cannot be carried over from year, used for vacation buy back purposes or paid out upon separation: • Deputy Village Manager • Department Directors • Village Engineer • Village Planner • Head Golf Pro -Buffalo Grove and Arboretum 2. The following positions shall be awarded three (3) additional personal days (24 hours) which cannot be carried over from year, used for vacation buy back purposes or paid out upon separation: • Deputy Department Directors • Purchasing Manager • Assistant to the Village Manager -2- Packet Pg. 405 9.F.a • Building Commissioner • Maintenance Superintendent • Utility Superintendent All incumbent employees as of the date of adoption shall have the number of personal days as indicated in the 2013 Personnel Manual. Any employee hired or promoted after adoption will be subject to the policy above. H. 13.03 Accrued Sick Leave (RHS) 1. The RHS policy has been reinserted into the document. It was removed in the 2013 Edition. As no changes have been made to the policy, it is recommended that it be added to the policy to avoid confusion. Pg.57. I. Chapter 17.03 Training and Development 1. Language changed to reflect current practice. If, after all reimbursement requests are received, the dollar amount of the requests exceeds the funds available for reimbursement, reimbursement will be made on a proportional/pro-rated basis. Pg.86 Chapter 18.00 - Travel Expenses The Village will continue to cover reasonable travel costs. However, changes to the policy are recommended to address current practices. 1. The Village of Buffalo Grove will no longer provide a travel advance. 2. Use of the Village purchase card is required for all travel expenses, unless circumstances require an out-of-pocket expense. All credit card receipts should be kept and attached to the expense report system. If an out of pocket expense is required, the employee shall be reimbursed (with valid receipts). 3. If an out of pocket expense is required, the actual costs for reasonable meals and gratuities will be reimbursed as documented by receipt(s). Reimbursement is limited to the appropriate per diem rate (S50 per day) if meal and gratuity expenses incurred by the employee are deemed reasonable, as determined by the Village Manager. 4. The Village will not reimburse the purchase of alcoholic beverages. 5. The Village will only pay for meal expenses in the event of overnight travel. 6. The Village will not pay for meals if a meal is provided by as part of the event, unless dietary restrictions cannot be met by the sponsoring organization. Pg.90 K. Chapter 23.00- Communications and Information Technology -Updating the Computer Policy to include current cell phone practices and reorganizing practices that were delegated to the IT Department, which is now outsourced. Pg.102 1. Personal numbers shall not be ported over to Village phones, unless request is submitted in writing to and approved by Deputy Village Manager or Designee. Pg. 106 Please feel free to contact Peter Cahill or Art Malinowski, if you have any questions regarding the Manual or its contents. -3- Packet Pg. 406 9.F.b VILLAGE OF BUFFALO GROVE PERSONNEL MANUAL Amended: Aril " and - II nua r 221 ,. Davy, 201 " 3, Effective: Jlaiu,a,U 2218N& th Day, 201��'XTay4-,-2,G4 4849-1453-1661.v1-8/17/2017 4:29 PM N C O A G1 7 C Style Definition: Body Text O (D L d a 00 0 N 4- 0 O Iz O M CO T Q N w Packet Pg. 407 9.F.b VILLAGE OF BUFFALO GROVE 50 Raupp Boulevard. Buffalo Grove, Illinois 60089-2196 Dane C. Bragg Village Manager 847-459-2525 To:The Employees of the Village of Buffalo Grove VILLAGE OF kk "u-1O VA Iarrp�uairy._2Q)_q...S.,aw:kg* sVpiri1,...0P The Village strives to provide a stable and professional workplace for all employees. To that end, it is necessary and prudent to provide for personnel policies, regulations and customs that support the appropriate work environment. The Village's reputation for providing high -quality, efficient and timely municipal services is dependent on the appropriate culture and support for its employees. The foregoing personnel manual has been developed with an eye toward providing for modern and competitive benefit programs, policies and standards for the Village of Buffalo Grove workplace. This Manual should be used as the primary basis for employees, Supervisors and directors to formulate policy, administer day-to-day operations and, when necessary, implement disciplinary measures. While the Manual provides a great deal of insight on many personnel matters, its content cannot exhaust the realm of possible personnel matters that will arise in the conduct of a municipal government. In those instances where the Manual does not provide adequate guidance, or where interpretation of the policy is needed, please refer said matters to the Director of Human Resources for further assistance. Finally, this Manual does not constitute an employment contract or promise of specific terms and conditions of employment. The Village may endeavor to amend this Manual and its policies from time to time and for the betterment of the organization. You are encouraged to stay abreast of developments in the Village's personnel policies and to know your rights as an employee. We hope that our employees will continue to find the human resources practices and benefits compatible with effective employee performance. It is the Village's intent to ensure that ache professional environment is maintained so that our employees will have the capability and desire to continue their excellent work. Sincerely, Dane C. Bragg Village Manager Packet Pg. 408 9.F.b BUFFALO GROVE PERSONNEL MANUAL TABLE OF CONTENTS INTRODUCTION......................................................................................................................... 1 Chapter1.00 - General Provisions.............................................................................................. 2 1.01 - Purpose of Manual.................................................................................................. 2 1.02 - Positions Covered by the Manual.......................................................................... 2 1.03 - Administration of the Rules................................................................................... 2 1.04 - Board of Fire and Police Commissioners............................................................. 2 1.05 - Departmental Regulations..................................................................................... 2 1.06 - Collective Bargaining Agreements........................................................................ 3 1.07 - Construction of the Rules....................................................................................... 3 Chapter2.00 - Definitions............................................................................................................ 4 2.01 - Anniversary Date.................................................................................................... 4 2.03 - Appointing Authority............................................................................................. 5 2.05 - Appointment............................................................................................................ 5 2.07 - Board of Fire and Police Commissioners............................................................. 5 2.09 - Class/Job Title........................................................................................................ 5 2.11 - Classification........................................................................................................... 5 2.13 - Class Series.............................................................................................................. 5 2.15 - Class Specification/Job Description...................................................................... 5 2.17 - Collective Bargaining Agreement......................................................................... 5 2.19 - Controlled Substances.......................................................................................... 6- 2.21 - Corporate Authorities............................................................................................ 6 2.22 - Day........................................................................................................................... 6 2.23 - Demotion.................................................................................................................. 6 2.25 - Department.............................................................................................................. 6 2.27 - Department Director.............................................................................................. 6 2.28 - Division.................................................................................................................... 6 2.29 - Division Director..................................................................................................... 6 2.31 - Emergency............................................................................................................... 6 2.33 - Examination............................................................................................................ 6 2.35 - Exempt/Non-Exempt Status.................................................................................. 7 2.37 - Grievance................................................................................................................. 7 2.39 - Immediate Family................................................................................................... 7 2.41 - Layoff....................................................................................................................... 7 2.43 - Original Employment Date.................................................................................... 7 2.44 - Pay Plan................................................................................................................... 7 2.47 - Position.................................................................................................................. 8-7 2.48 - Position Classification Plan.................................................................................... 8 2.49 - Probationary Period............................................................................................... 8 2.51 - Promotion................................................................................................................ 8 2.53 - Reclassification...................................................................................................... 98 2.55 - Special Leave.......................................................................................................... 9 Packet Pg. 409 9.F.b 2.57 - Transfer................................................................................................................... 9 2.59 - Vacancy.................................................................................................................... 9 2.61 - Village Manager...................................................................................................... 9 Chapter 3.00 - Equal Employment Opportunity..................................................................... 10 3.01 - Policy & Responsibility........................................................................................ 10 3.02 - Accommodation Policy......................................................................................... 10 3.03 - Anti -Harassment Policy....................................................................................... 11 Chapter 4.00 - Applications and Applicants.................................................................... 222-24-7 4.01 - Recruitment................................................................................................... 22 224-7 4.02 - Application Forms........................................................................................ TH27,1 4.03 - Disqualification............................................................................................. 22 -2 4.04 - Disqualification by Reason of Conviction (which is not expunged or sealed) ................................................................................................................................... 23 __° 4.05 - Examinations................................................................................................. 2424,49 Chapter5.00 - Appointments............................................................................................. 25_ w. 5.01 - Appointments................................................................................................ 25 -5 -20 5.02 - Transfer......................................................................................................... 252524 5.03 - Appointment Forms..................................................................................... 25 _ w Chapter 6.00 - Probationary Period.................................................................................. 26 2-6,24 6.01 - Purpose.......................................................................................................... 26 6.02 - Documentation.............................................................................................. 262624 6.03 - Duration......................................................................................................... 265 _. 24 6.04 - Rating of Probationary Period.................................................................... 262624 __ 6.05 - Termination During Probationary Period ................................................. 26 6.06 - Demotion During Probationary Period ...................................................... 27___ 6.07 Extension 27 Chapter 7. Position Classification ............................................................................... 28-ate 7.01 - The Classification Plan................................................................................. 28 __. 7.02 - Purposes of the Classification Plan (may include without limitation):.... 28 _23 7.03 - Administration of the Classification Plan .................................................. 2922I-24 7.04 - Classification of Positions............................................................................ 2929-24 g _ 2-5 7.05 Effect of Classification Changes on Incumbent ......................................... 'i0. 7.06 - Class Specifications/Job Descriptions/Job Descriptions ........................... 31a_26 _„ 7.07 - Use in Selection Process............................................................................... 32. 2-7 7.08 - Use of Class/Position/Position Titles........................................................... 32. Chapter 8.00 - Compensation............................................................................................ 3333.18_w 8.01 - Authority to Establish Salaries.................................................................... 33� w 8.02 - The Pay Plan................................................................................................. 33 8 8.03 - Standards for Determination of Pay Ranges ............................................. 7 a„28 m Packet Pg. 410 9.F.b 8.04 - Amendment of the Compensation Plan ...................................................... 3737-29 8.05 Total Remuneration 373 29 8.06 - Dual Employment Prohibited...................................................................... 3829 8.07 - Equivalent Compensation............................................................................ 38- 30 - Beginning Salary........................................................................................... iiM8.08 38aw_. 8.09 - Salary Increases............................................................................................ 394 _ 8.10 - Pay Rate Adjustments.................................................................................. 39___ 0 8.11 - Temporary Assignment to Higher Level Position ..................................... 39393-1 8.12 - Overtime........................................................................................................ 40 34 " 8.13 - Call Back Pay................................................................................................ 41 8.14 Pa Periods Pa Days .................................................................................414,_. - Y - Y Y 414 _ 8.15 - Longevity Pay................................................................................................ 41 44 32- Chapter 9.00 - Performance Evaluation........................................................................... 4343,34 9.01 - General Responsibilities............................................................................... 434334 9.02 - Employee Performance Evaluations........................................................... 43 a _ 34 Chapter 10.00 - Hours of Work and Attendance............................................................. 46463-6 10.01- Hours of Work............................................................................................ 46 ®aw_. 10.02 - Work Schedules.......................................................................................... 46 4636 10.03 - Attendance................................................................................................... 4646,46 Chapter 11.00 - Holidays.................................................................................................... 4848-38 11.01- Holiday Observances.................................................................................. 48 _ 11.02 - Holiday Compensation............................................................................... 494w9 3 Chapter12.00 - Vacation Leave........................................................................................ 50 0 12.01- Amount........................................................................................................ 50 12.02 - Accrual......................................................................................................... 524 12.03 - Scheduling................................................................................................... 52i_. ,42 12.04 - Payment on Separation.............................................................................. 535342 12.05 - Holidays Occurring During Vacation Period .......................................... 53 a _ _ 12.06 - Vacation Leave for Part -Time Employees ............................................... 5353 12.07 - Compensation in Lieu of Vacation Leave ................................................. 54__4 ,43 Chapter13.00 - Sick Leave................................................................................................ 56:._ . 13.01- Amount........................................................................................................ 565 13.02 - When Taken................................................................................................ 56_ 13.03 - Accrued Sick Leave.................................................................................... 57 13.04 - Medical Certificate..................................................................................... 59_ 13.05 - Temporary Light Duty............................................................................... 60a_94-7 _. 13.06 - Family and Medical Leave of Absence ("FMLA") Policy ...................... 605__ Chapter 14.00 - Special Leave............................................................................................ 696856 14.01- Approval Authority.................................................................................... 69 68,56 rm Packet Pg. 411 9.F.b 14.02 - Bereavement Leave..................................................................................... 69 14.03 - Child Bereavement Leave.......................................................................... f9.___. 6 14.04 - VESSA Leave.............................................................................................. 70.awaw_. 7 ®_. 14.05 - School Visitation Leave.............................................................................. 71 7058 14.06 - Court Leave................................................................................................. 72 14.07 - Voting Leave............................................................................................... 72 _ _, 14.08 - Military Leave............................................................................................. 727 14.09 - Nursing Mothers in the Workplace.......................................................... 73 ___ 14.10 - Military Training Leave of Absence......................................................... 73 14.11- Family Military Leave of Absence............................................................ 73 aw_ 14.12 - Leave of Absence Without Pay.................................................................. 7464 14.13 - Occupational Injury Leave........................................................................ 75_4,62 14.14 - Absence Without Leave.............................................................................. 75 Chapter 15.00 - Health and Life Insurance and Retirement Plans ................................ 76.5', 15.01- Health and Life Insurance......................................................................... 76 ®aw_. 15.02 - Retirement Plans......................................................................................... 77 760-5 15.03 - Continuation of Benefits (COBRA).......................................................... 77 _,,, 15.04 - Continuation of Benefits Upon Retirement .............................................. 77 Chapter 16.00 - Separation and Disciplinary Actions ..................................................... 78 16.01- Resignations................................................................................................ 78 ®aw_. 16.02 - Termination................................................................................................. 78 16.03 - Return of Village Property........................................................................ 70. . 16.04 - Standards of Conduct................................................................................. 78 16.05 - Disciplinary Actions................................................................................... 82 aM 16.06 - Reduction in Force - Layoff....................................................................... 83_. 16.07 - Retirement................................................................................................... 83 16.08 - Exit Interviews............................................................................................ 8382, ,74 Chapter 17.00 - Employee Safety and Development........................................................ 84 17.01- General........................................................................................................ 84 93-7-2 17.02 - On the Job Safety........................................................................................ 84 -3 17.03 - Training and Development........................................................................ 86 17.04 - Uniform - Clothing Provisions................................................................... 87 _ 17.05 - Attitude and Appearance........................................................................... 88 _. 17.06 - Service Recognition.................................................................................... 88 877-6 Chapter18.00 - Travel Expenses....................................................................................... 90897-8 18.01- Policy............................................................................................................ 90 _. 7-8 18.02 - Travel Advances......................................................................................... 90 8 18.03 - Reimbursable Expenses............................................................................. 90"-7-8 18.04 - Per Diem Allowance................................................................................... 91. 79 18.05 - Non Reimbursable Expenses..................................................................... 92 18.06 - Use of Village Vehicles............................................................................... 92a4 1V Packet Pg. 412 9.F.b 18.07 - Use of Personal Vehicles............................................................................. 92 18.08 - Vacation Combined with Official Travel ................................................. 929180 g 18.09 -Travel Reimbursement or Repayment of Advance to Village ................ 92 �180w_ Chapter 19.00 - Records and Reports............................................................................... 939w2. 1 19.01- Personnel Records...................................................................................... 93 19.02 - Service Register........................................................................................... 93 19.03 - Reports......................................................................................................... 99392 1 19.04 - Confidentiality............................................................................................ T34iu Chapter 20.00 - Prohibitions and Penalties 20.01- Participation in Political Activities........................................................... 94 20.02 - Discrimination............................................................................................. 94 20.03 - No Smoking................................................................................................. 94 awe. 20.04 - Employment of Relatives........................................................................... 95 20.05 - Release of Information............................................................................... 95_ 20.06 - Media Relations.......................................................................................... 9641 20.07 - Gifts and Gratuities.................................................................................... 964 20.08 - Anti -Workplace Violence/Bullying Policy ................................................ 96 5 20.09 - Solicitation, Distribution and Use of Bulletin Boards ............................. 989786 Chapter 21.00 - Appeals and Grievances.......................................................................... 994887 21.01 - Grievance Policy......................................................................................... 99 21.02 - Grievance Procedure.................................................................................. 99 ®aw_. 21.03 - Classification Grievances......................................................................... 100 21.04 - Compensation Grievances....................................................................... l00 21.05 - Retroactive Adjustment........................................................................... 100,___ 21.06 - Fire and Police Departments................................................................... 100 9988 21.07 - Discretion of Village................................................................................. 700 Chapter 22.00 - No Expectation of Privacy 22.01 - Computers, Pagers, Telephones and other Communications Equipment ............................................................................................................................... 101 .... 0 22.02 - Lockers, Desks and other Village Property10144089 Chapter 23.00 - Communications and Information Technology ................................ 1024 23.01- Communications and Information Technology Policy ........................ 1024, 23.02 - Social Media Policy.................................................................................113-1-36 23.03 - Identity Protection Policy......................................................................11444-39-7 23.04 - Protection of Information Technology.................................................1 159-8 Chapter 24.00 - Drug Free Workplace.........................................................................1116 4i"M) 24.01- Drug Free Workplace Policy.................................................................11644-599 v Packet Pg. 413 9.F.b Chapter 25.00 - Management Rights..........................................................................121 )404 g g 4 5. Management Rights .............................................................................. Chapterg 1-21 - Savings Clause and Amendment ...................................................... 1 Savings1-21 Clause .......................................................................................1 26.02 - Amendment........................................................................................... 1221ij vi Packet Pg. 414 9.F.b INTRODUCTION This Manual serves as a reference guide to employees detailing many personnel policies, rules, benefits and practices. It includes a summary of the basic policies and rules that -are- applicable to employees, as well as the benefits available to you as an employee of the Village of Buffalo Grove. Guidelines for the employment of full-time, part-time and temporary/seasonal staff are outlined in this Manual. The personnel policies within the Manual are compiled in accordance with the policies and guidelines adopted from time to time by the Corporate Authorities. Once adopted, the personnel policies prescribed herein supersede and cancel any prior written or oral policies, practices and agreements. The Corporate Authorities reserve the right to unilaterally revise, supplement or discontinue any of the policies, statements, guidelines or benefits described in this Manual, at any time, with or without prior notice. You will be duly notified of any such revisions, supplements or other changes. Each employee should review this Manual and become familiar with its contents. if you have any comments, suggestions or questions about any aspect of your employment, you are encouraged to discuss them with your Department/Division Director or the Director of Human Resources. He/she will listen to your concerns, take appropriate action if necessary, and/or provide you with the information you need or direct you to someone who can help to provide you with that information. The Village Manager (or designee) has authority for overseeing the enforcement of the policies contained within this document, and for the direction of the activities of all employees, except those whose appointment is otherwise prescribed. Should any question arise as to the proper interpretation of any provision of this document, or any other personnel policy, the decision of the Village Manager (or designee) will be final. Please note that, neither the existence of the Manual, nor anything contained in the Manual nor any written or oral statement interpreting, explaining or clarifying the policies contained in this Manual, is intended to create a promise, nor shall it create an employment contract or contractual commitment, either expressed or implied. Additionally, if there is a conflict between the terms of any benefit plan and a statement in this Manual, the actual terms of the benefit plan will govern in all cases. Neither this Manual nor any other Village document confers any contractual right, either express or implied, to remain in the Village's employ. Nor does it guarantee any fixed terms and conditions of your employment. Your employment is not for any pecific time and may be terminated with or without cause and without prior notice by the Village (except as provided in any applicable collective bargaining agreement), or you may resign for any reason at an. time. No Supervisor or other representative of the Village, other than the Village Manager (or designee), with the approval of the Corporate Authorities, has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the above. Packet Pg. 415 9.F.b BUFFALO GROVE PERSONNEL IVANUAL CHAPTER 1.00 GENERAL PROVISIONS Chanter 1.00 - General Provisions Sections: 1.01 Purpose of Manual 1.02Positions Covered by the Manual 1.03Administration of the Rules 1.0413oard of Fire and Police Commissioners 1.05Departmental Regulations 1 .06 Collective Bargaining Agreements 1.07Construction of the Rules 1.01- Purpose of Manual It is the purpose of this Manual to set forth many of the principles and procedures, which will normally be followed by the Village of Buffalo Grove in the administration of its personnel programs. They are intended to help ensure an efficient, equitable, and functional system of personnel administration based on merit and other appropriate principles, which govern matters including appointment, compensation, promotion, transfer, layoff, dismissal, discipline, and other conditions of employment. This Manual does not imply nor express a promise or contractual relationship between the Village and its employees. 1.02 - Positions Covered by the Manual Not all of the terms of this Manual shall apply to all employees of the Village. For example, the Manual does not apply to the Corporate Authorities, or other persons appointed, commissioned or contracted by the Corporate Authorities, unless otherwise indicated and/or as required by law. 1.03 - Administration of the Rules The Village Manager (or designee) shall be charged with the overall responsibility for the administration of the contents of this Manual. 1.04 - Board of Fire and Police Commissioners The rules and regulations of the Board of Fire and Police Commissioners shall apply to all sworn employees of the police and fire departments in positions not otherwise exempted by Village ordinance. Where the provisions of this Manual conflicts with those of the Board of Fire and Police Commissioners, the latter shall prevail, to the extent consistent with state law. 1.05 - Departmental Regulations This Manual governs the conduct and performance of employees. Departments may have other rules, practices and regulations adopted or enforced by Department Directors that also govern the conduct and performance of employees. Departmental rules and regulations shall not conflict with provisions of these rules, or the rules and regulations of the Board of Fire and Police Commissioners. Such rules, practices and regulations, when approved, published, and distributed as herein provided, shall have the force and effect of rules of that Department and Packet Pg. 416 9.F.b disciplinary action may be taken as deemed appropriate based upon breach of any such rules, practices and/or regulations. Departmental rules and regulations or similar guidelines do not imply nor express a contractual relationship between the Village and its employees. Should any such departmental rules and/or regulations conflict with the provisions of this Manual, this Manual shall prevail, unless otherwise approved by the Village Manager (or designee) and/or if required by law. 1.06 - Collective Bargaining Agreements This Manual shall apply to all employees covered by a collective bargaining agreement. Where the provisions of the Manual conflict with those of a collective bargaining agreement, the latter shall prevail in all cases except as provided by law. 1.07 - Construction of the Rules In the construction of the Manual, the following conventions will be observed and applied, except when the context clearly indicates otherwise. Words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural, the singular. The word "shall' is mandatory and not discretionary. The word "may" is permissive. The words "he/she," "his/her" and "him/hers" shall connote both masculine and feminine genders. Packet Pg. 417 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 2.00 Chapter 2.00 - Definitions Sections: 2.01 - Anniversary Date 2.03 - Appointing Authority 2.05 - Appointment 2.07 - Board of Fire and Police Commissioners 2.09 -- Class/Job Title 111 - Classification 2.13 - Class Series 2.15 - Class Specification/Job Description 2.17 - Collective Bargaining Agreement 2.19 - Controlled Substances 2.21 - Corporate Authorities 2.22 - Day 2.23 - Demotion 2.25 - Department 2.27 - Department Director 2.28 - Division 2.29 - Division Director 2.31 - Emergency 2.33 - Examination 2.35 - Exempt/Non-Exempt Status 2.37 - Grievance 2.39 - Immediate Family 2.41 - Layoff 2.43 - Original Employment Date 2.44 - Pay Plan 2.47 - Position 2.48 - Position Classification Plan 2.49 - Probationary Period 151 - Promotion 2.53 - Reclassification 2.55 - Special Leave 2.57 - Transfer 2.59 - Vacancy 2.61 - Village Manager (or designee) DEFINITIONS ,2.01- Anniversary Date Formatted Font: 12 pt The initial anniversary of an employee's date of hire shall constitute an employee's "anniversary date" for longevity pay. Thereafter, the effective date of demotion, promotion, or return from a leave without pay longer than ninety (90) days shall constitute the new anniversary date for merit pay and other benefit -purposes. When a part-time employee is promoted to a full-time position, longevity shall be calculated based on the date of their promotion to the full-time position. Packet Pg. 418 9.F.b Formatted Font: 12 pt 2.03 -Appointing Authority The officer, employee, or board having the power of appointment and removal of subordinate positions in any office, department, or division, or any person or group of persons having the power by virtue of ordinance or other lawfully delegated authority to make appointments to positions in the municipal service. 2.05 - Appointment (Formatted Font: 12 pt The designation to a position in the municipal service of a person who has met the qualifications for employment through an appropriate selection process. ,2.07 - Board of Fire and Police Commissioners Formatted:- ormatted Font: 12 pt ---------------------------------------------------------------------------------------------------------- The Board of Fire and Police Commissioners of the Village of Buffalo Grove, Illinois. ----------------------------------------- ,2.09 — Class/Job Title Formatted: -Font: 12 pt ---------------------------------------------------- One (1) or more positions substantially similar in respect to assigned essential work duties and responsibilities that the same class title may be reasonably used to designate each position allocated to the class, that the same minimum education and work experience qualifications may be required, and the same salary range may apply. 2.11-Classification Formatted: Font: 12 pt The original assignment of a position to an appropriate class on the basis of the skill level, experience, job content, and responsibility of work to be performed. --------------------------------------- Class Series Formatted Font: 12 pt -------------------------------------------------- The arrangement in sequence of classes that are alike in kind of work and responsibility, but are not at the same level of assigned work and responsibility. 2.15 - Class Specification/Job Description C Formatted Font: 12 pt A written statement that may include many of the characteristic duties, responsibilities, and qualification requirements that distinguish a specific class from other classes. Duties, responsibilities, job content and qualifications listed on a class specification/job description are not intended to be construed as all inclusive. ,2.17 - Collective Bargaining Agreement Formatted Font: 12 pt A duly authorized contract between the Corporate Authorities and a labor union authorized to represent any covered employees concerning such issues as wages, hours and conditions of employment. Packet Pg. 419 9.F.b Formatted Font: 12 pt 2.19 - Controlled Substances The phrase "controlled substances" includes, without limitation, any substance as defined and included in the schedules of Article II of the "Illinois Controlled Substances Act," cannabis as defined in the "Illinois Cannabis Control Act," and U.S. Department of Transportation Commercial Driver's License'- "drug list." This phrase also includes any lawful substance used contrary to its intended purposes. n2.21 - Corporate Authorities = ( Formatted Font: 12 pt ------------------------------------------------------------------------------------------------ The President and Board of Trustees of the Village of Buffalo Grove, Illinois. Formatted: Font: 12 pt The twenty-four (24)-hour period of time established for work which begins at 12:00 a.m. of each day. ,2.23 - Demotion (,.Formatted: Font: 12 pt The movement of an employee from a position in one class to a position in another class having a lower job grade and/or classification. ,2.25 - Department Formatted Font: 12 pt Any of the departments of the Village of Buffalo Grove, now or as hereafter established. 2.27 - Department Director Formatted Font: 12 pt The officially appointed director of any department and/or his/her authorized designee. Division CFormatted: Font: 12 pt Any of the divisions of the Village of Buffalo Grove, now or as hereafter established. 2.29 - Division Director Formatted Font: 12 pt The officially appointed director of any departmental division and/or his/her authorized designee. n2.31 - Emeruency ----------------------------------------- Formatted: -Font: 12 pt ---------------------------------------------------- A sudden and/or unforeseen happening, act of God, weather condition or circumstance that requires the unscheduled services of an employee for reasons including, the protection of the health, welfare, and safety of the community. ,2.33 - Examination Formatted Font: 12 pt The appraisal of persons by the use of measurements which includes the possession of competencies, knowledge, skills, abilities (with or without reasonable accommodation if individual is disabled), and/or general suitability for the position for which they are being Packet Pg. 420 9.F.b evaluated. Such examinations also may measure factors such as work performance, attendance (as appropriate) and overall attitude and wor4i poYf fmanee 3.35 - Exempt/Non-Exempt Status � Formatted Font: 12 pt An exempt employee is one who is exempt from overtime pay and paid on a salaried basis as defined by the Fair Labor Standards Act of 1938, as amended, and the Illinois Minimum Wage and Overtime Law. A non-exempt employee is one who is eligible for overtime pay as defined by the Fair Labor Standards Act of 1938, as amended, and the Illinois Minimum Wage and Overtime Law. 1.37 - Grievance CFormatted Font: 12 pt A "grievance," as used in this Manual, includes a. disagreement or question relating to working conditions, personnel rules and regulations, and working conditions or relationships between an employee and his Supervisor or other employees. It is understood that the phrase "grievance," as used in this Manual, excludes any disagreement or issue arising under or concerning the provisions of any labor agreement as the ternis of the labor agreement will govern such dispute(s). ,2.39 - Immediate Familv Formatted Font: 12 pt For purposes of this Manual, the phrase "immediate family", includes only:Ihusband, wife, Gcivil 4.3union partner, son, son in law, daughter, daughter in law, step child, foster child, mother, mother in law, step mother, father, father in law, step father, brother, brother in law, sister, or sister in law of the employee, grandparents of the employee or his/her legal spouse (or C-civil Uffie nion partner), aunt and uncle of the employee or his/her legal spouse (or Gi-,41-civil Union union partner), niece and nephew of the employee or his/her legal spouse (or Civil civil Uffietrunion partner). Formatted: Font: 12 pt The separation of an employee based upon lack of work or funds or other business reasons which are generally not related to fault, delinquency or misconduct on the part of the employee. ,2.43 - Original Emplovment Date Formatted Font: 12 pt The date an employee first reports to work following appointment to a position in the municipal service. ,2.44 - Pay Plan [Formatted: -Font _12-pt A list of job titles and corresponding minimum and maximum rates of pay that may be adopted from time to time by the Corporate Authorities. Packet Pg. 421 9.F.b Formatted: Font: 12 pt A group of current duties and responsibilities assigned or delegated, requiring the full-time, part- time, and/or temporary employment of one person. These types of employment are described as follows: A. Full -Time Employ A position included in the adopted annual budget that is neither specified as part time or temporary employment, nor limited for a period of less than the budget year; also any such position established during a given budget year unless the appointing authority certifies that such position will not be continued in the succeeding year's budget; and who work, on average, at least thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. B. Regular Employee: An employee who has been appointed to a full-time position in accordance with this Manual and who has successfully completed the probationary period of said position. C. Regular Part -Time Employ Year-round Employment in a position for work on a basis of less than a standard work day, work week, or duty tour which may be of a regular or intermittent nature, and who work, on average, less than thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. D. Temporary/Seasonal Employee: A position comprising duties which occur, terminate and which may recur seasonally, intermittently and according to the needs of a department; non-permanent/regular employment lasting generally less than twelve (12) consecutive calendar months and who work, on average, less than thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. ,2.48 - Position Classification Plan Formatted Font: 12 pt An outline of positions that may be arranged in similar occupational groups. ,2.49 - Probationary Period Forma ttea Font: 12 pt A trial period served as part of the selection process of regular employees (including designated extensions thereto). See Section 6.02 for details of a normal probationary period. 2.51- Promotion Formatted Font: 12 pt The movement of an employee from one job classification and/or title to another job classification and/or title having a higher maximum salary rate having been so qualified by an appropriate selection process. Packet Pg. 422 9.F.b 2.53 - Reclassification (Formatted Font: 12 pt The determination by the Village Manager (or designee) that a position be assigned to a class different from the one to which it was previously classified. - special Leave I Formatted: Font: 12 pt Special Leaves are the forms of leave which an employee may apply in accordance with the guidelines set forth in Chapter 14.00 of this Manual. In addition to the guidelines and policies within Chapter 14.00 of this Manual, the Village offers a flexible leave policy for disabled employees where it constitutes a reasonable accommodation to assist the employee in the performance of his/her essential job functions. 2.57 - Transfer Formatted Font: 12 pt The movement of an employee from one department, division, or unit of the municipal government to another, from one position to another position of the same class, and/or to another class having the same maximum salary rate, involving the performance of similar duties and requiring essentially the same basic job qualifications. Formatted: Font: 12 pt A duly created position which is not occupied -and which the Village Manager (or designee) has the discretion to decide whether or not to fill. 1.61- Village Manager Formatted Font: 12 pt The Chief Administrative Officer of the Village of Buffalo Grove, Illinois, or his designee, as established in Chapter 2.08 of the Village of Buffalo Grove Municipal Code. Packet Pg. 423 9.F.b BUFFALO GROVE PERSONNELAUNUAL CHAPTER3A0 Chapter 3.00 - Equal Employment Opportunity Sections: 3 Al Policy & Responsibility 3.023Accommodation Policy 3.4203 Anti -Harassment Policy EQUAL EMPLOYMENT OPPORTUNITY 'l pea° Viplun9g,a° a i-,Bunp pinpo_<auaaa�o, iva 6iu u�-y. a:a uu% D � °e� as 1tlu°aa wauu ; a�,a�aua V i�uptlllau :.u�na;iad as as%dauuuHtia,a; tua a%pp -dual ie-persons-.- ll'hiis a.;atluutl%%tlauiaarea ao-u, mptlpNe -far W sptla°ms 04` a°un�kj%%tla:wua;, mWng conipaaanaation, pronsbon, dhApHner WAMe wMlhu 4umpuAeatlio-naiuQium arop`aa%�"ptlpyamM� A'6,ptl�?-ua%tl1i-;_°.k.3F,,%s%%�Cgab�--p=blS;p4•*]hGli%d,°a;-&i1%-�r4:9%S-RIM«bp a�%-lhd:.11=%d"mbkgk%tl=%;-]f�a%�tl4�6=�atlp_4�➢ud�%%�,-�-",#i-u�°�;lh%�a�=VGp-%-5a�-aa1G4-%�a; a6lltld..G.,�r@ff�;,,, aag q unaaaritauQaatu,uw t Wwil 4Jrhysia'ml eau' nnengaul ali,,AAht-y ear luraunoli.c,,..yp uanra. kaled tea tie-p eiuson.aa atlbipatpy goa p er—fi-mit aGw-essenbla% Oiunc.,fions- (with o-- awitluout as wmaairaaip:aps-a a aa,a°ommanapahon(q t"'o:,naiia lh%A�aaa tutltl �au°unutlpuon, atlu--&F- Gap' p)r-otveljon-; I -A us. l'a asp%aaana y eMWNMv %ar re aaWd n--%(thee aa-%naiifiatlns,- genden lender iaienjjh:w aair -ex )iression, Or uundaanoral=Ale, ali�ua;laaatl~la,__lla-ruatl__uatl-il�taaa�;l- �e,u=�-ar a.-Fn-saaa��,&-n�p%a,��a..-�patl-caw-aa-lanR--V�ay�_1=u,ape,rr%al,__a-4uwta,--era-_paaa=aa.B__itlu(:___-1'laa, Village -a ko parohipniit, iuinnWluAhatluaamutlnen pktecfl uabove The- 4O ug e arlla Ru.ull-ido Grove- is- 6irnffly a.°atlu%%ani8fl,a u.p tan ltlavwia3ingry a;apuid daeeess doe n°%amt4oy aru aat ucpapnoNunnitua.°^a .and ill nuaallo, R r disrp kxl --and haumEcaapap ek inapuvidu% apw pai.-unaHuQuals IlAbeyd by-"iegnanuw, a;paaia bifth-oum irelaated unaa,dieaap condigions- -in aaea=awvu-Ilcane,a,- ltm�- �a� rnuoni uana%ns--av-ip-�-�➢ � taa�u% u-pi-tla~~ �-o�,t-_(` :+�-p �-t_':�; _tlaa�--1-(� iMu-�a--palua-n u'%ru--R�-u� Ila�a-� And;. raa"uoi--utl-1Nl__a-wg-8aa�n-atltnlop-ia=uapapaa pa�ola~*raa( ��4-auaa~g__anaaoN--laao,ual---lutl-av^�fl__unu=aawdaicla;a-l--g-qaa,--aiuwaa-iap%waa-i-_iaa__aad-8naa%-aw-pwaa. q uoaliliaaal two Nnuu;gkm uad`dw as , pg°aauu G°iaaaf'apoa,c.aa-,bed iev, ,,s-he as% n a, luab, paoo;n auupaia,a;8a;ai an aiiaa°uuiraainaupion, cuu awitncsses dungy liotlb_ %�a;paapa°,a8 aliaga;riuruinangiaara, Q;luo° a°unpngaays,au w„�pa.an%iilaN puu=mnody repaaaup pVne itic ident- tau hisdao°u-'Stsirmvu=,em%.o.r Direamp i^7 l)oivatlirtar%air%g,p1%%°�norlorr. tp ll=aura aauaup�a�laawel�pua,vaanu%uluiiao,ha,r,�uaeu.vuvoaron�ita�pautlurtarauaantlp:.�;%our _. laavaaparap-iartl-tlawa-r %wa;n=%uaaiaa�tltaatl a_aa-tliwua-#na,t;-oou--i-u=-ter;-a,ntlpvpo��'a~-aicaa:,a-Haul, lainl-aao,aaarp'lnrtaulmpv,-%a,paau-ain�at. Me inc%oien Vaa pnia,lpacau ;l%apao,ro�uaorr ear il�aa aaurum a,ng lluuectwuu Vlue ennpapanyaae;, %natlw� a�aapaaara ud eflara apy to> Qlua� Ilgtlracc;Qzau� arp�ii(uuir%aaumo- ]a.,�a»%n%a:°,aa�m atlu O,puaa-�iiV-0<%ato.?�`psuaua%aaa�r bpiyaua:,q% ua°ttlow-ty v✓upllha:, trouaaitragaa:pa punye%rpu,,aag.e°afl <%uua�p-%�a,una;cBi,;aB ua�a a�rtl%ariu%i<aga. t"�iaa uwpuapi�ag.uor% »�rullq qan, Quagaa,u%-aa%� tlaalla°u=ntlw°ofl arl,aivaaap aauay l<e S-Ca-a?a%a-rn"a%t%"a3fl: o-,u,a-l�,a=-tin-ia u-pa�olpi a= A a=mauaaarF,urauwiaat an-llnoafiy V`h iliautae-makes- rva%sona Ne- hen ncvessary l�'unr aupl--.oa%autupQwo,c�a� atl na�p oar Milp Amww h apimbipitiet and Sid iwucflua Is affee e d by- p3N'ff um%na;ww eliilldbir1h;-or- -telated- medici l a:aana-8i-t"ia,a-uw --l-lino,-°�-%-0-icupao~u-->rtlro,lailai-t � oln��auninatl-inuatloaErawra-gla�-ltlanuuiuk-aal"-ali�,u-iRai-Nag-v parannaaaua%;v-;-v°l-%i-palD�iru�la Or, repateal qua d� c,11a,aun0utiaans,--'Ibe a by t6veu-.Viilpaa=-,%QI nauwpn4ue loth,-y gyga%te our t��pae u�an;w�--wet&uaau=--a,ula�uauon�--uaw°�ion__-a�a-itiNu__.tl-a ��uac,�t__-to- raa°:aaunit-ramwau��%gym- lautl ana.�;--auuneago-on,__-ro,mae-uwp__.aa�° a,,u-aclu-pangaarua,nut, na,.la,a=g-laaua-~pas�r-t%-aa-iaairuyg_.a,%--uu:.p�ua,n-ut-ic=u��pai-pa-_a�awa;p-tluara , al-uu,a"ipuliraaa;-ac,u-tl%uu-� ear-_tlaa;-to;reana� 10 Formatted: Heading Z M CO 0 N W .r CO m c d CO 0 N c ca d c c O a� a 0 i 0 O Packet Pg. 424 plivfleges-or c'omfit-uons-of cin]floyn wnc- ora- Ifie -biviis- ol'd kabifity; -pregnaricy., -ch i k.]Nrlh-or- rchalol .i)iedu(1,1nil-(,F(mi(-Iili(n�s- The- Vdlagen�allG-rio(.- -require- -an- -uml[floyue- affu,,cted- of -absence, (IF -E', 4-441-0 NPHA-e F-ft) -Wifll--not. -fiail--or or p regn 'fi ricy- ben his/henr -ofiJ4� V n al- benefit'i -I uIpolll- hk✓heT ap augmyii a n I n is/fier- rntelnto-reorm -to -wor-k- i-w- -%Adien- theeed- -fim-' -reasormb I e. wqlose', art-midui—I ardsW-R-on4 ie-VflllaFiiii(+ns, n eed- -roy- -fli e - req ues ced- reasoda [fl e, -accorrin> odat ion he - m edi (,'d - uested --- t4i+4--is---fT�-e4ief+44 adv -kaWflie- -dale- - flie - -reascmalMe- heeamo- -kw - -4A'il becom -iTwd43,dy afl- tile., gitiiin4ewe4 --- imid/-of --- --- 4fa --- ---- iieed --- f4r ---sj --- r-easoiii,)Ne MICOMMO(Lition- - witll- -a- - De.partrnentDhn ectory - Director- - of - H n mutn- - R-esou rces- -(-w - dw- -V-g q Ing, MiinagerAf-you- -are- -,a- -(fisabkxt -empkiyee- -hi - iieM- -oF-n- -reasonaWe- -a-conlimodatron;- -you- -aie ug+is-pifrfaoso' --- -k'-H ip accwmnodat-�on- is- or r'nay- -b(,- app;,opfiaw- to - assrlhe- ornployce- -in- the I-K,Fformaro-le- o I' -hn�,/hcfn essenti"'d- job -11 nIndions� desrgnee)�- Department 1 N,V'Ay X It , zi-I-I --- Lt 4we-H -qppiitei4 - +i in(4 - fe rm-d-iei-i - -a s- iip ipr-a ipr-mak ------ e my- ri e N(n 44 pe,-& -el enmtfliii-V i-IT -requ es4s- -mi - ii -rmi rtie, V-p a ie+ -4- afi - i t+v es a6efk muler -flik" -P(d acy� 3.02 "I'll "; 111) 1 Anti -Harassment Policy ®� -- IN m - - lu YA RMELk�ucgrupllluc Cirove k )KiLhim, es tiaL em --)I( nic o wtunifies, ------------------------ -12EL -------- wi ---- kY ---- nl—vf�L ----------- to eirliployS!es, coinm4nicnt appfies to A a� )ccts of empkI , j, -------- ----- ---- ... ---------------------- ----------------- q --------------- -- 'ymcn Jndudi!U. imitation - ------------- -(L ------------- racc.,c.101or., redlig sc'N SC.Nill"d ork"nutfion., - _,pc r identit (n -- - -------- - - ---- - - ---- ---------------- -- gcmdc%jl- adc ---------- Y_ oMp-)M'asj6GIn r fi 'q� hi cifl ell sl I -sij y nj; ijLt tp& I d Union Malu"" EMIL�L--- -E-e --- Z-E-Jlu�-'A' -LI -g - -.-- �_!ILq -�Ij --------------------- histol'. avoraNk, djsdi� r 0 rn I Hun service --- -------- --------- - ----------- y�r un I --------------------- i-L -M-m --- 2 ---- ---- : --------- (e_ 11 0 A M as 0 CL 00 T- CD 04 4- 0 C 0 'Z CL 0 00 T- CD C14 M 3 C M a Z C C 0 cn 0 0 0 M 00 (1) tm I Packet Pg. 425 1 9.F.b ravu.;na° prraavpapvad pny pi°c9,r. a t, Scale, or Goc d kliv)., ll��°4"�,rr��una �.� a_ll�iullap��Irth, or <� _nkuu�,�flIcaf__cmrl iflon n_ehalcmcp _n parcmg rrn rumy aer_pal� ppnp prpn��pa, aar canny aaapnc,ir_c rnac;praarwY rarcarrx a, pad Ila'aar_a. 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a-a,in�gkn paa;ii na�flrr anek nanavldgew Aw ara,a°dpq iaund- -lik on Sp nngmi-;menut Aw W iui a nmaon"aRaurrnei-;- ivhK 4R e y�paps ~lateufuenab-.-nRnanallW— be Amenimponly; Rrrn- -unayw>ew a'14gnanrwiv re; -it -e ouiW nn•ngto- rn anan4aaai°4: aaR aiRnRug au4uaiuu/iiaua, u�aa rnab augayRgR Hier --pa as vgaopin4Raoun 19 M CO 0 N w .r _w d d Packet Pg. 433 9.F.b RigVG1,°a id (19-2)..8[4-6 00 20 M co TMI N w .r co d C G1 co T_ O N 7 C O d C C O to L a m O L 0 O m O m O d tm c d t Q Packet Pg. 434 9.F.b VILLAGE OF BUFFALO GROVE ANTI -HARASSMENT POLICY ACKNOWLEDGMENT FORM I hereby acknowledge receipt of the Village of Buffalo Grove Anti -Harassment Policy. I agree and represent that I have read this Policy in its entirety. I understand and will comply with the Village of Buffalo Grove Anti -Harassment Policy, including the anti -retaliation provisions set forth in the Policy. Signature Date Print Name Department 21 Packet Pg. 435 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 4.00 APPLICATIONS & APPLICANTS Chapter 4.00 - Applications and Applicants Sections: 4.01 Recruitment 4.02Application Forms 4.03 Disqualification 4.04Disqualification by Reason Of Conviction (which is not expunged or sealed) 4.05 Examinations 4.01- Recruitment The selection process shall be conducted in accordance with both Village -wide and departmental policies and practices. Notice of employment opportunities in the municipal service are normally published by posting announcements on official bulletin boards, and/or in such other places as the Village Manager (or designee) deems advisable. Notice of all examinations for promotion shall be published by posting and other appropriate methods, but need not be published in any newspaper. The announcements normally will specify the class title and salary range of the class for which the examination is announced; the nature of the work to be performed; the minimum qualifications required for the performance of the work of the class; the time, place, and manner of leaking application, the closing date for receiving applications; and other pertinent information. Exceptions to this policy on recruitment will be made for legitimate business reasons where appropriate with the approval of the Department Director and the Village Manager (or designee). 4.02 - Application Forms All applications shall be made on forms prescribed by the Village Manager (or designee) and shall be submitted on, or prior, to the closing date specified in the announcement. Applications shall require information concerning education, experience, and other pertinent job related information. All applications shall be signed and the truth of the statements contained therein certified by such signature. The appointing authority may require proof of education, experience, and other information as may be appropriate. Falsification of any information contained in an Application Form (no matter when discovered) will be grounds for disciplinary action which may include immediate termination for even the first offense. 4.03 - Disqualification Except as provided by law, the Village Manager (or designee) may refuse to examine an applicant, or, after examination, may disqualify such applicant, or may remove such person already hired and/or appointed if the individual (list is not all inclusive): A. Does not meet the preliminary requirements established for the pertinent class in the position applied for and/or does not otherwise demonstrate the qualifications for the job (either with or without a reasonable accommodation if applicable). B. Is currently engaged in the illegal use of a controlled substance, the illegal use of a legally prescribed drug, or the excessive and untreated abuse use of alcohol. (Note: We 22 Packet Pg. 436 9.F.b provide reasonable accommodations to employees with disabilities but an after the fact request for assistance will not excuse a policy violation). C. Has made a false statement or omission of fact in his/her application form or resume. D. Has used or attempted to use political pressure or bribery to secure an advantage in the selection process. E. Has directly or indirectly obtained information regarding the examination to which, as an applicant, he was not entitled. F. Has failed to submit his fully completed Application Form correctly and/or within the prescribed time limits. G. Fails to cooperate in any part of the application or selection process. H. Has established an unsatisfactory employment or personnel record as evidenced by a reference check of such a nature as to demonstrate actual or potential unsuitability for employment. 1. Has taken for another or allowed another to take for him all or part of any examination, or has been found cheating or engaged in other inappropriate acts or omissions in any other way on an examination. J. Has otherwise violated the provisions of this Manual and/or engaged in any other act or omission deemed harmful to the Village's-,- , residents and/or, property. and/or reputation. Whenever an applicant is rejected or disqualified, notice of such rejection or disqualification may be provided to the applicant if deemed appropriate. Applications, whether accepted or rejected, shall not be returned. 4.04 - Disqualification by Reason of Conviction (which is not expunged or sealed) After an applicant has been selected for an interview, a background check will be completed. All applicants who have been convicted of a crime involving matters such as, but not limited to, violent, offensive and/or disgraceful conduct, or moral turpitude will have their applications subject to further review considering all related factors such as the nature of the duties involved, the length of time since the conviction was served, etc. We reserve the right to reject a candidate following this analysis which will be conducted on a case -by -case basis.- Applicants ap21ying for positions within the Village park district, child care facilities, school district, mental health facilities, or secure residential youth care facilities will be screened as part of the initial evaluation process, as permitted by law. This policy does not apply to any conviction that has been expunged or sealed (which will not be the basis of a rejection of a candidate, except as required by law). 23 Formatted: Font: Times New Roman, Formatted: Font: Times New Roman, Not Highlight --------------------------------------------------------- Formatted Font: Times New Roman, Packet Pg. 437 9.F.b Fu alrrdcrrya ua tirrnalY_ baa� as nlll„ urra aaa y uavau�s�ua;a or coinle 1, dp' rrin a ppddcaaw, � s hasp�.__arr Ijuu�c,n de aa°a;plr xppuPnupyc,al __llgnda naa laulrr n__ uboi.ip rruu_4_xalaauapug_afl_ a �aad,__ 6a9_au a4 ¢ _I� a _ppasu na4u un _ unnpgcr 4_a-, 4; a n jp �'n >!rra�rralarcnal_a°sally., f'mprro� arras apn�rradaVarryu_pcsiraa apf�dc°aa9daaa�fl �laasl clsrrp^ro asu�l c;p�lpa9�nan � :.� cnndlcn ]arri��audrr,t,?thatstates yq >lnpl_u0 (,_tplpjAl_ Aid s_nol_labd_u.tlli,e d to (fiscloa4_a,ylauiiasl*4��JLI[vgra l,a_u�_�amalH ��u_ad Liiaflc_ufa��al o aau�- shaadll d�re, treaalccd ap � alma<ac.°�uiiauaao.aanpn_cnd ;ara cxxdrauanlr,od rcc'orr:a�_by dn4 cilipdcn�i'a:'1::. 4.05 - Examinations Examinations shall relate to those matters which fairly test the aptitude, and qualifications of applicants and employees for a position. Examinations may include written, oral, or work simulation tests; ratings of experience and training; fingerprinting and background investigation; polygraph test (only if permitted by law); post offer physical examinations; post -offer alcohol/drug screen; post -offer psychological evaluation; any combination of these; or any other tests deemed necessary and permitted by law. All medical examinations will be job related and based on business need. Disabled employees and applicants will be afforded reasonable accommodations during this examination process if required by law. 24 Packet Pg. 438 9.F.b BUFFALO GROVE PERSONNEL n1ANUAL CHAPTER 5.00 APPOINTMENTS Chapter 5.00 - Appointments Sections: 5.01 Appointments 5.02 Transfer 5.03 Appointment Forms 5.01- Appointments A. Full-time, Part-time, and Temporary/Seasonal Positions: Appointments to fill vacancies in full-time, part-time, and temporary/seasonal positions shall be made in accordance with Chapter 4.00 of this Manual. Upon being notified of a promotion, the relinquishing department may delay the promotion until the beginning of a pay period but generally not to exceed three (3) weeks. B. Exceptions to the guidelines in this Chapter will be subject to approval of the Village Manager (or designee) and may be required to be submitted in writing upon request. C. Emergency Appointments: In the case of an emergency including, but not limited to a flood, tornado, or blizzard, which requires the immediate employment of one or more persons to prevent actual or potential impairment of the public business and for which it is not practicable or otherwise appropriate to secure the needed person or persons in accordance with Chapter 4.00 of this Manual in time to meet the emergency, an appointing authority may appoint any qualified person during such emergency for a period generally not to exceed thirty (30) working days. The Village Manager (or designee) shall determine whether an emergency actually exists, and his decision shall be final. 5.02 - Transfer A position may be filled by transferring an employee from a position of the same class or similar class with essentially the same basic qualifications and having the same maximum salary rate. Inter departmental transfers, where practical, may be approved by the requisitioning department, and employee concerned. At the direction of the Village Manager (or designee), the relinquishing department may delay the transfer until the beginning of a pay period, but generally not for a period in excess of three (3) weeks. 5.03 - Appointment Forms No duly appointed employee shall be placed on the payroll until Advice of Status and other required forms have been properly completed and approved by the Village Manager (or designee). 25 Packet Pg. 439 9.F.b BUFFALO GROVE PERSONNEL MANUAL Chapter 6.00 - Probationary Period Sections: 6.01 Purpose 6.02Documentation 6.023 Duration 6.043Rating of Probationary Period 6.054Termination During Probationary Period 6.063Demotion During Probationary Period 6.076Extension 6.01- Purpose CHAPTER 6.00 PROBATIONARY PERIOD The probationary period shall be an integral part of the examination process and shall be utilized as an opportunity to observe an employee's work performance, attitude and habits, to train and aid the employee in adjustment to his position, and/or to reject any employee whose work performance fails to meet the expectations of the Village. 6.02 - Documentation At the beginning of employees'probationaU period, they will be asked to fill out all forms Formatted: Body Text reguired of new employees, if and to the extent they have not yet completed them already (W-4, 1-9, etc.). These forms are required under government rules and relate to such matters as tax reporting, immiglation law compliance, etc. �tt Q �''iJl)J'....... Duration All original and promotional appointments shall be tentative and subject to an initial probationary period of at least prrc (1) year from the date of appointment. Original sworn — (Formatted Font color Red appointees to the Fire and Police Departments shall be on probation for a minimum period of eighteen (18) months or as established by a collective bargaining agreement or Illinois law. Extensions may be appropriate as determined by the Village Manager (or designee) or pursuant to the terms of a collective bargaining agreement. of Probationary Period Supervisors shall periodically observe and document the employee's work performance and shall counsel (if and as appropriate) a probationary employee whose work performance is marginal, inadequate or below standards expected of similarly situated employees performing comparable work. Prior to the expiration of the employee's ,1:ayn�Ly_1��21-probationary period, the appointing authority shall notify the Village Manager (or designee) w1 4-efJi-the employee will N-0-12-N O']Ir` continue in the position. t1 04 00,15 Termination Durinff Probationary Period During the probationary period, the employee may be dismissed if the appointing authority determines that the employee has failed to demonstrate the ability, qualifications and inadequate 26 Packet Pg. 440 9.F.b overall contributions necessary to furnish satisfactory service or is otherwise unsuitable for continued employment. Dismissal during the probationary period may be with or without cause and shall not be a subject of the grievance procedure described in this Manual. Nothing in this Section 6.04 creates a term of employment either during or after the Probation Period expires. *. "i'i-- t'iJ)b Demotion During Probationary Period Promotional appointees who exhibit inadequate performance and overall contributions during the probationary period may be demoted to a position in the class held prior to the promotional appointment. The Department Director shall notify the Village Manager (or designee) of his/her intention to demote an employee as provided in this section. If approved by the Village Manager (or designee), the employee shall be notified in writing generally not less than five (5) working days prior to the effective date of demotion. 6.06 6,07 ... Extension Where legally permissible and with the approval of the Village Manager (or designee), an appointing authority may extend the probationary period for a period generally not to exceed a maximum of eighteen (18) months. During any extension of a probationary period, the remaining provisions of this Chapter of the Manual will apply. Upon expiration and/or satisfactory completion of a probationary period (regardless of length), an employee may be subject to counseling, disciplinary action or other appropriate action as deemed appropriate by the appointing authority. In some case, counseling, disciplinary action and/or other action is not appropriate due to the circumstances involved and immediate termination may occur if warranted. 27 Packet Pg. 441 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 7.00 POSITION CLASSIFICATION Chapter 7.00 - Position Classification Sections: 7.01 The Classification Plan 7.02Purpose of the Classification Plan (may include without limitation) 7.03Administration of the Classification Plan 7.04Classification of Positions 7.05Effect of Classification Changes on Incumbent 7.06Class Specifications/Job Descriptions 7.07Use in Selection Process 7.0813se of Class/Position/Position Titles 7.01- The Classification Plan A position classification plan, based upon factors including, but not limited to, competencies of position, grade nature of work, principal duties and responsibilities, knowledge, abilities, and skills required by the work, may be developed and maintained by the Director of Human Resources. With the approval of the Corporate Authorities, classes may be established, combined, or abolished. The position classification plan may include (not all inclusive): A. An outline of classes of positions in the municipal service arranged in appropriate occupational groups; B. Class specifications/Job Descriptions in such form as prescribed by the Village Manager (or designee); and G:_ Other factors deemed appropriate by the Village Manager (or designee). 7.02 - Purposes of the Classification Plan (mav include without limitation): A. To provide like pay for substantially similar/like work. B. To establish educational and work experience qualifications for recruiting, testing, and other selection purposes. C. To provide appointing authorities with a means of analyzing work distribution, areas of responsibility, lines of authority, and other relevant relationships between individual and groups of positions. D. To assist appointing authorities in determining personnel service costs and projections for annual budget requirements. E. To provide a basis for developing standards of work performance, including competencies. F. To establish lines of promotional opportunity. 28 Formatted: Heading 4 N C 0 A G1 7 C �a d c c O d a 00 0 N 4- 0 c 0 CL 0 Q oM ao 0 N .r 00 m c d O N M 0 c M d c c 0 U) L a 0 i 0 0 M m 0 m a� �a c d t Q Packet Pg. 442 9.F.b G. To indicate employee training needs and development potentials. H. To provide uniform and meaningful titles for all positions. I. To provide the fundamental basis of the compensation program and other aspects of the personnel program. 7.03 - Administration of the Classification Plan The Village Manager (or designee) may periodically require position classification studies at such times as he/she deems necessary to ensure the proper classification of existing or proposed positions in the municipal service. If the Village Manager (or designee) determines that classes should be established, combined or abolished, he/she may so amend the classification plan subject to approval of the Corporate Authorities. Revisions of class specifications required to accurately reflect the nature of work or principal duties and responsibilities of classes may be made without approval of the Corporate Authorities, provided, however, that such revisions generally will not change the number of classes or the maximum rate of pay of a class. 7.04 - Classification of Positions A. Each position in the municipal service, except those personnel exempted from this Manual by Section 1.02, shall be classified at the direction of the Village Manager (or designee). Positions may be assigned to a specific class when (not all inclusive): 1. The same descriptive title may be used to designate each position in the class; and 2. The same kinds and levels of education, experience, knowledge, ability, shill and other qualifications may be required of incumbents; and 3. Similar tests of fitness may be used to examine applicants; and 4. The same range of compensation will apply equally under substantially the same or similar employment conditions. B. All classes of positions involving the same character of work but differing as to level of difficulty and responsibility may be assembled into a class series of two (2) or more levels. C. Compensation or present pay range generally will not be a factor in determining the classification of any position or the standing of any incumbent. D. In allocating any position to a class, the specification for the class shall be considered as a whole. Consideration shall be given to appropriate factors including, but not by way of limitation, the general duties, specific tasks, responsibilities, required educational and experience qualifications for such positions, and the relationship thereof to other classes. The examples of duties set forth in such class specification shall not be construed as all inclusive or restrictive, and an example of a typical task or a combination of two (2) or more examples of work performed shall not be taken, without relation to all parts of the specification, as detennining that a position should be included within a class. 29 Packet Pg. 443 9.F.b E. Normally, no employee whose position has been allocated to its appropriate class shall be assigned or required to perform duties generally performed by persons holding positions in other classes, except in case of emergency or training, or for other limited periods of time. Generally, the time period shall not exceed four (4) consecutive weeks without specific authorization by the Village Manager (or designee). The clause in each class specification "performs related work as required" shall be liberally construed. Department Directors and Division Directors shall report any organization or program changes that will significantly alter or effect changes in existing classes or classes proposed to be established to the Village Manager (or designee). When any Department Director or Division Director requests the establishment of new or additional classes, or a change in the classification of an existing position, the request shall be submitted in writing along with a statement of essential work duties, essential responsibilities, and qualifications of the position and such other documentation as may be necessary to evaluate the request. 7.05 - Effect of Classification Chances on Incumbent A. Whenever the title of a class is changed without a change in duties and responsibilities, the incumbent normally will have the same status in the new class as he/she had in the former class. B. When a position is reclassified to a class with a higher maximum salary rate, the Village Manager (or designee) may provide the incumbent of the position the same status in the new class as he/she had in the former class, only if he/she finds: That the reason for the reclassification of the position is the accretion of new duties and responsibilities over a period of six (6) months or more immediately preceding the effective date of said reclassification; and 2. That such accretion of duties has taken place during the incumbency of the present incumbent in said position; and 3. That the added duties and responsibilities upon which the reclassification is based could not reasonably have been assigned to any other position; and 4. That the employee occupying a. position which has been reclassified shall continue in the position only if he possesses the qualifications of training and experience required for such classification. C. Whenever a position is reclassified from one class to a higher class and the conditions in subparagraph B above are not met, the incumbent shall not continue in the position and may be placed in a lower classified position or removed from his/her employment with the Village (if warranted in the determination of the Village Manager or designee). D. When a position is assigned to a class different from the one to which it was previously classified, the pay status of the incumbent may be changed in accordance with the provisions of these rules governing transfers, promotions, and demotions. 30 Packet Pg. 444 9.F.b 7.06 - Class Specifications/Job Descriutions/Job DeserlDtionS A. Official Position Classification Plan: The -Village Manager (or designee) shall maintain a master set of approved class specifications which is updated from time to time. Such class specifications shall constitute the official position classification plan. The Village Manager (or designee) shall provide each Department Director and Division Director and appointing authority with a current position classification plan. The position classification plan shall be open for inspection by employees, interested individuals, and the public under reasonable conditions during regular business hours. B. Nature of Specifications: Class specifications are descriptive and not restrictive. They are intended to indicate the kinds of positions that are to be assigned to the respective classes as determined by their duties and responsibilities and shall not be held to exclude those duties and responsibilities which are not specifically mentioned, but are similar as to kind and level. C. Implied Qualifications: Qualifications commonly required of all incumbents of positions of different classes, such as (not all inclusive list): honesty, cooperation, loyalty, sobriety, and industry, shall be deemed to be implied as qualification requirements for each class, even though they are not specifically mentioned in the class specification. D. Interpretation of Class Specifications: In determining the class to which any position shall be assigned, the class specification for each class shall be considered as a whole. The class specifications are intended to indicate the kinds of positions that are assigned to the classes, as determined by their relative assigned duties, responsibilities, and specific tasks, and are not to be construed as declaring what the duties or responsibilities of any position may be or as limiting or modifying the power of any Department Director to assign, direct, and control the work of employees under his supervision. All class specifications/job descriptions shall be construed in compliance with the Americans with Disabilities Act ("ADA"). As to the particular parts of the class specifications the following principles shall apply: 1. Class/Job/Job Title: The class title is a brief and descriptive designation of the type of work performed. When there is more than one (1) class in an occupational series, numerals are used in the title to designate the level of the class. The Roman Numeral I is always indicative of the entry position in a class series. Nature of Work: This section is a general description of the essential job functions with emphasis on those basic factors which distinguish the class from other classes. Included are such factors as supervision received and exercised, responsibility and difficulty, hazards, and the way in which the work is assigned and results are reviewed. Because this section evaluates the class in terms of relative difficulty and responsibility and thereby establishes the level of the class, it is the section which is most important in determining the class in which a particular position belongs. 31 Packet Pg. 445 9.F.b Illustrative Examples of Work: This section is intended to enable the reader to obtain a more complete concept of the actual essential job functions performed in positions assigned to this class. The list is descriptive, but not limiting. It is not intended to describe all work performed in all positions in the class, nor do all examples apply to all positions assigned to the class. It is conceivable in the more populated classes, that only one (1) portion of one (1) work example would apply to a given position. The performance of one (1) or several duties listed as examples of work for a particular class should not be considered as conclusive evidence that the position belongs in the class. A position is assigned to a class only when it meets the criteria defined and set out by the specification as a whole. Requirements of Work: This section includes a statement of knowledge, abilities, and skills considered as requisite to successful performance of the essential job functions of the class, and the education and experience which ordinarily would be expected to provide an employee with the required knowledge, abilities, and skills. It should be noted that the statement of education and experience is generally intended to include any equivalent combination of training and experience as determined by the appointing authority in order to allow admission of all qualified applicants to the selection process. Necessary Special Requirements: This section is used in a few classes where requirements limit practice of a profession or occupation to persons who possess a specific license or certificate issued by an agency of licensure. It also is used to enumerate other practical requirements or specific prerequisites which must be met by applicants before otherwise qualifying for positions in the class. Reasonable Accommodations, as defined by the Americans With Disabilities Act (ADA), are available for disabled employees who are otherwise qualified to perform the essential functions of the available work for positions in the class. 7.07 - Use in Selection Process The specification for any class as interpreted herein, shall constitute the primary basis and source of authority for the recruitment and for the tests to be included in examination for the class and for the evaluation of the qualifications of candidates. Exceptions to this section may be made only if approved by the Village Manager (or designee). 7.08 - Use of Class/Position/Position Titles The class/position title shall be the official title of every position assigned to the class for the purpose of personnel actions and shall be used on all payrolls, budget estimates, and official records. Administrative titles or other working titles authorized by a Department or Division Director may be used to designate any position for proposes of internal communication and/or in oral or written contacts with the public. 32 Packet Pg. 446 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 8.00 COMPENSATION Chanter 8.00 - Compensation Sections: 8.01 Authority to Establish Salaries 8.02The Pay Plan 8.03 Standards for Determination of Pay Ranges 8.04Amendment of the Compensation Plan 8.05 Total Remuneration 8.06Dua1 Employment Prohibited 8.07Equivalent Compensation 8.08Beginning Salary 8.09 Salary Increases 8.101'ay Rate Adjustments 8.11 Temporary Assignment to Higher Level Position 8.12 Overtime 8.13 Call Back Pay 8.141'ay Periods - Pay Days 8.15 Longevity Pay 8.01- Authoritv to Establish Salaries The Corporate Authorities shall establish pay ranges for employees under the jurisdiction of the Village Manager (or designee). 8 02 - �.a,tuiwii Plan lnu� foray pu6nmun ba r oba; unaru�ua°ulm'd Se ✓ua;e --or C0 ��a;ina 6uaVa.° taf`u��aat�°°, aaupu.ny> tuu_-aata,�nn, armaa°qn aal�vvlm6a,a na°pnma,xa°nVrnafp�a�s�i�u�nduu,4;llwy.au �su�4; I�srVti' ulPlraal a0ma"ax'wnanapnp 1(`'6ntf;"� kgl �'aaay �+�an'aaaam fabn 4�an4;fm a"iaaaaa. i pnQa-pls"ny' arcau9tp."i", iQbn ea4a�pn d:,da1P£w"re �fntll-�� numnu &snlpi l Iby tlna, nntnnnN.,aa ol'iW nnninannau annal arena aiununum mate' aal`ptaay ��ru aura -responding -to �tifta,--saniaedtnla�--in--��tnllt-at:nrto-parrrepl�-_�-_.tulpwt�'��,--an7�d-_�almraiil__�ttn�r-u�tt��_-9 tbaa�~�t__;tru-nt�a�n�m--tuu��:i--tr�i-1 'i1101eFVe@a N'ntea 0 F F),fy. G'—Aiay-ofiw fiactoF deemaaal aprpaaanpam6aalelmy the ,_'orfaaanja�te Audi or -ides, 3----S m ptarafy u1 ftu p aplupi rtn 1 au py a laaa-y--raaa-a fit--jai-mxi&1 8-maa_.a1is,t.-0 �y�_.asamptrflaau-p--fsr_-tln�. -faun-3lttaffti--a laassaf-is°msd=3art-a--p"ap-eau-u- aa-earl-_�slatt-lp--Nsa._.tflefa�a-na-uiasea:i withalgaee(-.)n�,ldeuaaion-ta figetoraiine]ad ng- thanpbyanmPd- responslNity-.of°wor-a-nn 1l�a; asauaap pauu::sa,F; 13ue reeutmitiatipry a n uuna.nbt.aa aap 9pna 3limappa;-fu vumai-03aap a-a+kaaasf=peaty-f mu_siunaa-iGaau= anapuloyana:nat, taanruloyerm ttnm^aauawam°, _of 1iw3anpb liba;4��a:�mn �, the-_fuannaan6ai rK,)Ncsies and t°cnaarornak" a;aunalutinnn ai"tpue Vuil�u?a;ana -and-offer- liaa~toira aien,n teal nafalaraulbuunatua by tpne 1=nupouatta�t nntlmorllies, 1 he 33 Packet Pg. 447 9.F.b wnaunpnnuunan sound n�nnaxuaanuunan rates- of -pay- cas4nalhllilaaGa04 Skfll-laa" nlucnSa lfela most- neannlly roffiw pdacnse and aatbor appropriate- duaa°km aaam -detvrmdnud by. --- fpaa C, (4up(-)aaaIc Awnnaauw ua,s--mind upon naa°naa�uiu�na:naapauauna sap u as-: iiq-0supna y auuaaug a'an {eau 4aasap,n ec,)� gnu_Buiid6_nnan,Grove nalfnnu_dne_unrrnnann_n_a;naun_apn_annaub0_pnnnan n_c_n_i!an__yy_L_pu_nnfluropVu_nnnnlyu__nnn, nrnthat.cxcaesa(9un¶nndaunnsnpnnly___ yunnn Y p s p'llna~ pncaducuy' -:is nirunnurrnde' ace--_unuc;uasuure ca Hann a,,gnap� Gaya",a;, nnc Q,-1ya° a°unu�n €a cc,"p�- c>cuuuu uc,,,muYQuna4auu,- annt adaudupy and a:,nnpalnausize y/uddngpa"-�'pcdc�`:dnn�ucaau0un-,, mQn°aa0�gs,-C padani�minnyn an nn ----- -anus,- , ----------a, sac ---- n.nn>inuaaa8-.p.dada upc•c•.p d`�aaa�u��p-. 'pllnn_gNns!�;n;nn_nnV_bllnc_na�ir��ppraunMna4nnnn-nprllnnnro__u�apuuun_n� �Vaa__Han"Iu-naauay�ka<ununnaai_nbV_9Vnn VnrllQantianna�.,__Mnu�u pannllueun;� as- dyeddos: Go nG,r, It dull b the a�a_Nj aunsu�ru0iny� aad'_ypuc, Vflhijw M aunnj,j �nnm apa:,upbunec" ncs "Hil nuuaally�__� <nabfishn_ naay:Maunnra9aannn_nq__pnn_nQn�_ vGaun__sluafl__uanaunn_a0nn__Fa_auuuns�_u�nnnan_nnV__n�a__nna_n4nanu�_anai�n_ nvalunpaanun__and a:anm pag_jj, a9ugnnu amna_�c_"___ ¢na_nnnu anus _ nan<�anaMar_shaH_be I-_wpnannn_nld nnna_ytabl s0�a_aI��u�uuuunnnupa�u0_p^arI na,dnnn�n_ngdlcc_p_¶inn nnr aanuzaa4ucwfl a aind_npnnt_p,gpaalla,_Vaar_tune__a�pngtgjb nun_ofcaa.cllu_d pn<aununacunt__ll_gadn snnpdcnycnau shandy-d"c` pn�cnn,7dadasp dnu,s/dac°n can_p�naanuraapggarnaad, de, anArnenntaal, unit and/car i ncBiiv�<N,uI0 rnaauu�G�u �. kit p -the Ina.-n, Y��- Y "..-"• p y�, , s u-----nm gad the - --van uun4---- c� c c d rc;-_n---- a ca a,a a pnc°n�,dearaun------ ac -- -- � c-----,---- - rc,,, lla�nacu aau;anauuuaddYa-_anncd inner-; llrca4uuc,n4dy-da` apcacrupnc,nd npappacaprruaad -lay tlllac,_c.unnpadiy c,c, aupranmor" �DeP, aunu ldaa m,c^ I anaa .Cn d - y" g C aairu� l pacp°ar�aau and/or nT,-, :� a seas a �tic;nn awnbl the - rasa- c,4„a;r--caauil ana;^p --- AnnualF ydu a iaana_an_c0,acaau_aai_Ihk prj!V 'yo Y abaaay ant c,dansl ,nndnrped;aca"0,ln.n-n.nn., fInMaa ycuacneuumc SSIIac° yp,an. ap, Director cb " as ,a<`caan _ .- r-_n un.hAsive of the uy nunnaran., rnaax4nnuaun and nnucdpn,ount saakgy dlrn nnaac h ljca,p dcwdaa, kaaflfi_ucnppnVaauauun_V, ngl',cnran-es or bands mnyb.acvcarpcarrnpaaaa,-assHcnaaananv,cn,s_yl_y uacpa pncLnpnrannuanna dgnoun nnan __nsg_____c__nn_Tsc_y__axro Ecnpuuunn,d,_Vnn_.fpn_u,Q;carrii�ro__npne uenpuuuucunnenntln�_nn8_pllnn__p cw,,uHon,_ Where, rrn _npnp_H(,,aH utLa y y_aa p,vMnp_v_u�V_p, lac_anndpus�apc_ad__4nn_nc Icx.-A_a_cant_oI1. uOD2, h-t(lusn_n_fdnc_n__upnpndrn_u�ndc� _amm�ad--_haadn__Inn__ca pndan,d,_rn__us.ppn�a�i. nanupaa o-_c,aacudu -salary n•ranngc d ncs,- Village- shd I pnp°cavrcde fler aann sell,-ayecfivc- cavaakwificrnu of p;ncaawu9uanunpn< pre _ nn, n6, pru�lln--------- ""n..-._d-----"(d .UIIpb Dn� �4n a-----w �a V----r`p --- r-------- a-➢--- �. 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"V_unc° aJuppa_np,sa v9aaauanr;a°u° (mmr allc G,uu ess^Ji nnroaao, pnanan�u_bamn;ac __baa upnng_ _aaaM<bnnvaatu_aafl dc, d(ma _1 n(�myp M_lbgnaaua _au _ppeciap zualpum_ypuvnc_uMnd__6car ain_cn prltnoay__amm.. group .--- g?p'(^;rrnnlC k. ycvs--_yaa°ed--auponn nau)i(atoaanu_(mng pnc)1Q6nn_mnna_c, within fllycy c°nunp�np,anyaa°'�a asap'. 36 Formatted: Font: 12 pt Formatted: Font: 12 Formatted: Font: 12 pt M CO T 0 N w .r _w m d Packet Pg. 450 9.F.b e 3 y:" . - a; a➢�°.vounr➢lu�a_. vj-� ,:nr ➢ �� s�,,4 � <��,,aur➢j�➢��d caatua, b,__ ➢➢`➢� ➢�`4ausa �➢��,�°➢-�➢¢�n9 �, b��➢➢n mmuc�mlb�,��➢' a➢➢.__. lus,➢`i��u➢ r;➢n�°�,. hrr➢ yl`➢��ap�➢0 ad I'Istmr➢a,m➢t__iaw"'Iraned shr➢IIG__be c°«�➢➢_� lcr4,d a➢ oric-1u➢➢➢e Ibairuufi and h all__no lMre in�a naaa6kg�__in flw a ➢gwllr vrnv' " b �_a,Li p� ,,iLn alJon l➢as°a�snu,g;sl 3,Iruurnp<➢yas"u.__"�mlaruy_3.nlljau,a0unn,g;nb fbr rs.lr➢➢eserited c,nn➢grolaropr;es ar sr➢ s o au aa➢rr ynu, 1.. _ a•Q _._ 0..G➢-s:aa➢II'v;r➢l➢",➢Dl3f➢;li➢AG.°,,,_.._._�Da➢II„b;.aa➢"➢arll "., cal➢;➢➢.&,arV➢,%II➢ts -- -..._ ➢n m �, a a `as➢ u_._ gas ravnna ~ s°➢`s's: :lrs u� uanlipgr a➢➢ u,lv� mlruallrlsn:��s `�ollsa,w➢ l ➢rwalQbs ail➢ann.. &a➢`"3 ��zau�➢i��Qus�tu__a�y�mdg_us�__qu➢rmV-11I ui to➢tta�r➢a_ d➢ld__�'ZJDI4,fnr➢na_�_ HIC 1JUJIUM IC soiu ccs =.ld°pad➢7r`a➢ a,r° ➢n , llll be __ lur`➢l?'ll Ij_I,a ➢➢Qumui �,�ru➢a➢n� n�m rugs. _Wid r➢i`ja uI g,, �)➢a° basae t°arur➢ ru, aaa➢arr r,�a➢ru., g➢u .. g° f" f r p`➢arr4bu�➢iluQlrs�s_.�mulll lur lluuaia eva➢Ihua➢iurnl fs ➢ Iru➢fluru , ay labs;_ sm➢laaornla➢roars .. nrw/ao�!'is d 4 ha�ssi i4 aa�Qion agan� 4nln'a� ua➢�➢VA a�N4 ba a V'b, "r au _V�rY4 <n'1n M n ��p ➢ do➢➢�VapV n� __, __ l_____ _,______ ____ __ __,, _,.n- � __.p,„ __ s:,4.%ICiCllj➢4°r➢;aflon �iia3➢a➢es,.% ° _,_ ` as...._..°v ;n➢r➢a➢➢4'rIl4, n�a &,lia.4a➢-,,,,', 3. per rdsnrm a➢a➢g, Q us Ma➢ ti-u y a ar➢➢N,a° ally m v _._mns rr^,a,- il➢a s°an➢➢ag�ra,uti�,a➢gugma b➢➢gls:v'�- P". p rm➢nn?, and Irrcorr➢➢nen(finfib to tuna; g r➢" �➢ n 4" Maq,➢➢n ,6Sa' �➢'Dif 6 4 `aa ar➢C",C° V& a„_ _ 14 ➢ n &.➢ll'V M➢ 7 4,' _ 4➢r 1"4"�➢a Yull mnvsn__�,3un ud ➢nanny change, 1, the, al;rn_y,u rn&�4"�v:.� amnal t-ngn ssa➢➢rpngnr➢�a➢➢�➢aaun_grsnlusLY;- ti.m3;g.h.....�1[lmdl;3:3 Amendment of the Compensation Plan On an annual basis, as well as at other times, the Village Manager (or designee) shall make such comparative salary studies as he/she deems necessary and appropriate, and/or as instructed by the Corporate Authorities to make, concerning factors affecting the levels of salaries in the municipal service. On the basis of the information derived from such salary studies, the Village Manager (or designee) shall recommend to the Corporate Authorities such changes in the pay plan pertinent to the fairness and adequacy of the overall compensation program, if any are appropriate. Recommendations made by the Village Manager (or designee) for the amendment of the pay plan shall be submitted to the Corporate Authorities for appropriate consideration. When approved by the Corporate Authorities, these amendments shall become part of the pay plan and shall become the official salary schedule applicable to the respective classes of positions as enmumnerated therein, and shall be used by all departments in connection with all payrolls, budget estimates, and official records and reports relating to positions in the municipal service. Remuneration A. Any salary or other rate of pay established for an employee shall be the total remuneration for the employee, exclusive of overtime, special duty pay, or other 37 Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman ----------------------------------- Formatted: No bullets or numbering -------------------------------- Formatted: Font: 12 pt Formatted: Font: 12 pt Packet Pg. 451 9.F.b authorized allowances. Except as otherwise provided, no employee shall receive pay from the Village in addition to the salary authorized by the pay plan for services rendered by him, either in the discharge of his ordinary duties or any additional duties which he may undertake or volunteer to perform. B. In any case in which part of the compensation for services in a Village position, exclusive of overtime services, is paid by another department, division, or an outside agency such as the county, state, or the federal government, any such payments shall be deducted from the compensation of the employee concerned (unless otherwise approved by the Village Manager (or designee), to the end that the total compensation paid to any employee from all sources combined for any period, shall not exceed the amount payable at the rate prescribed for the class of position to which the employee is assigned. 14.06 - 8Jl'Ii�5 Dual Employment Prohibited No full-time employee holding a position in the municipal service shall be eligible for employment in any additional position in the municipal service, unless previously approved by the Village Manager (or designee) in writing and where applicable a valid FLSA "7g" agreement has been completed. A full-time or part-time employee may be employed in an additional part time position if approved in advance by the appointing authorities involved and the Village Manager (or designee), in writing. An "Advice of Status" form (or comparable form) must be completed and approved by the Village Manager (or designee) for all positions that an employee works in for the Village. Violation of this Policy (no matter when discovered) is grounds for disciplinary action, including immediate dismissal for first offense. 8w117 - 'hm.i'�) Equivalent Compensation Part-time or temporary employees may be compensated on the basis of the equivalent hourly rate paid for full time employment or such alternate amounts deemed appropriate by the Village Manager (or designee). Such employees also shall aad shall be paid for only those hours actually worked. li.„,08, 8�d1a) a Beginning Salary A. The beginning salary or rate of pay for a class shall be the rate paid upon original appointment. Original appointment above the minimum rate may be approved by the Village Manager (or designee), but only if necessary to fill a vacancy or in recognition of outstanding qualifications. B. When any employee previously employed by the Village is reemployed, the Village Manager (or designee) may authorize appointment at a salary step in the range for the class corresponding to that salary step which the employee had been receiving upon termination of his previous service and/or other factors deemed appropriate by the Village Manager (or designee). 38 Packet Pg. 452 9.F.b 804) - 'IlJ),Iii Salary Increases General pay increases may be granted by the Corporate Authorities to all employees when the Corporate Authorities determine it is necessary/desirable to compensate for changes in economic conditions. All other salary increases shall be in accordance with the provisions of this Manual or as determined by the Village Manager (or designee). fm l ii..�ICimdli��IN Pay Rate Adjustments The following personnel actions may affect the pay status of an employee in the manner provided: A. Transfer: When an employee is transferred between departments and/or divisions of the municipal government or between classes with the same maximum salary rate, the salary rate of the employee will remain unchanged unless the employee's current rate is below the minimum pay rate established for the class to which the employee is transferring. The employee's anniversary date for merit pay increases shall remain unchanged. B. Promotion: When an employee is promoted from a position in one class to a position in another class having a higher maximum salary rate, the salary rate of the promoted employee shall be increased to the new minimum or to that step within the new pay range which provides a five percent (5.0%) or ten (10) step increase above the employee's current step, whichever is greater. The employee's anniversary date for merit pay increases shall be changed to the effective date of promotion, unless otherwise approved by Village Manager (or designee). C. Demotion - Involuntary: When an employee is involuntarily demoted for disciplinary reasons or other business reasons from a position in one class to a position in a class having a lower maximum salary rate, the salary rate of the employee shall be reduced to the maximum of the new class or by five percent (5.0%) or ten (10) steps whichever is greater. The employee's anniversary date for merit pay increases shall be changed to the effective date of demotion. D. Demotion - Voluntary: When an employee is voluntarily demoted from a position in one class to a position in a class having a lower maximum salary rate, the employee's salary rate generally will be reduced, if necessary, to place it in the pay range assigned to the lower class. The employee's anniversary date for merit pay increases shall remain unchanged. 8.1 III - 'I^ii.]11i0 Temporary Assignment to Higher Level Position A temporary salary rate increase may be authorized by the Village Manager (or designee) for employees assigned to perform the majority of the distinguishing functions of a position in a class with a higher maximum salary rate where such assignment exceeds four (4) consecutive weeks. Temporary assignments to higher level positions for sworn fire department personnel will be governed by applicable Illinois state statute. 39 Packet Pg. 453 9.F.b If authorized by the Village Manager (or designee) or his designee, the salary rate of the employee shall be increased to the minimum of the range of the higher class or by five percent (5.0%) or ten (10) steps, whichever is greater, generally effective on the fifth (5th) consecutive week of the temporary assignment. The increase shall not be retroactive and shall expire upon termination of the temporary assignment. If an employee becomes eligible for a merit increase during the temporary assignment, any merit pay increase shall be based on the employee's previous salary rate, exclusive of any temporary salary rate increase authorized under this section. li. 12 - 8,II1 Overtime A. Eligibility: All regular, non-exempt, employees shall be eligible for overtime compensation. Compensation for overtime may be in the form of premium pay or compensatory time off. The Village Manager (or designee) shall designate the form of overtime compensation available to each class of work in the municipal service, consistent with the Fair Labor Standards Act of 1938 ("FLSA"), as amended and any applicable state laws. B. Overtime Hours: Overtime hours shall be computed and paid in increments of one quarter (1/4) of an hour. Overtime amounts of seven (7) minutes or less in a fifteen (15) minute period shall not be compensable. Overtime amounts of eight (8) minutes or more in a fifteen (15) minute period shall be counted and paid as fifteen (15) minutes of overtime. All overtime hours must be approved by the Department Director or their designee in advance; failure to obtain approval before working may result in disciplinary action. C. Scheduling: Overtime scheduling in all departments must be approved in writing or verbally by the Department Director or his designee prior to overtime being worked, except in case of emergency in which case Department Director approval may be designated on the following business day. D. Premium Pay: Employees in classes eligible for premium pay shall be compensated at the rate of one and one half (1.5) times the equivalent hourly rate of the employee for all overtime hours actually worked. Hours worked on the date of an actual holiday that is designated by the Village shall be compensated at the rate of two (2) times the equivalent hourly rate of the employee for hours worked, except as otherwise provided by Section 11.02 of these rules. E. Compensatory Time: Employees not exempt from the FLSA may at their election be awarded compensatory time off at the rate of one and one half (1.5) times the equivalent hourly rate of the employee for all overtime hours actually worked. The maximum number of compensatory time hours that an employee may accrue shall be set forth in the general orders or standard operating procedures of each department, but in no circumstance may an employee's maximum compensatory time accrual exceed the maximum accrual established by the FLSA. Employees exempt from the FLSA shall not earn compensatory time. 40 Packet Pg. 454 9.F.b 813 - 8.I ]N, Call Back Pay Compensation for employees called back to work on a regularly scheduled work day, or called in prior to the normal reporting time on a regularly scheduled work day, or called to work on a non- scheduled work day, shall be in accordance with departmental rules and regulations. Where such rules and regulations do not exist, the overtime provisions of these rules shall apply. f 1 1 .�Iim1�1 Pav Periods - Pav Days The normal paydays shall be on a bi-weekly schedule with payday on the Thursday after completion of the pay period. Pay periods shall run from Monday through the second Sunday following. If an employee discovers a discrepancy or error of any kind in your paycheck, you must notify the Finance Director promptly so that the matter can be investigated and remedied if appropriate. Be assured that no retaliation will be taken or tolerated against any employee who reports a potential payroll discrepancy. 1^1 1'-8.]114 Longevity Pay Eligible full-time employees, hired prior to May 1, 2013, may receive longevity pay beginning with the fifth (5th) anniversary of their original employment date. Longevity awards will be presented on the employee's anniversary date according to the following schedule. Time spent on an approved Leave of Absence (regardless of the reason) shall be deducted from an employee's longevity calculation. Longevity pay amounts are subject to normal payroll and other legally authorized deductions. Full-time employees hired on or after May 1, 2013 shall not be eligible for longevity pay. Regular part-time employees who are subsequently appointed to full-time positions within the Village will receive credit, for longevity pay purposes, starting from when the employee was appointed as a regular part-time employee with the Village. Full-time employees who subsequently become regular part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy. Completed Years of ServiceLongevity Award 5 through 9 $400 10 through 14 $600 15 through 19 $800 20 or more $1000 Important Notes: This benefit program (like all other benefit programs of the Village) is subject to revisions from time to time as determined by the Village Manager (ap,1;_�Ila anl��u1�.1 41 Packet Pg. 455 9.F.b due to business or financial reasons. if changes are deemed to be necessary, the affected employees will be notified. Employees hired on or after Matw __ , 7. 0, 35f443 are not eligible to earn longevity benefits based on current Village policy. If this policy changes, the affected employees will be notified. 42 Packet Pg. 456 9.F.b BUFFALO GROVE PERSONNEL INIANUAL CHAPTER 9.00 PERFORDLANCE EVALUATION Chapter 9.00 - Performance Evaluation Sections: 9.01 Responsibilities 9.02Employee Performance Evaluations 9.01- General Responsibilities A. The Village Manager (or designee) shall develop and maintain a performance evaluation program for the purposes of evaluating factors such as an individual's overall work performance, identifying training needs and employee development opportunities, and for improving the efficiency and productivity of the municipal service. Performance evaluation systems and procedures shall be published separately and subject to revision from time to time in accordance with the remaining provisions of this Manual. B. When appropriate, a Department Director or Supervisor may conduct or review an evaluation to help ensure the quality, consistency, and equity of the statements provided therein. C. No public disclosure of an employee's performance evaluation record shall be made without the permission of the employee and the Village Manager (or designee), except as required or permitted by law. Such record shall be made available upon request to the employee; to an appointing authority when needed in connection with a potential action for promotion, transfer, demotion, discipline or dismissal of the employee; or to other persons when required or permitted by a legal procedure or if requested by a government agency as part of a criminal investigation, grievance, or complaint procedure. Per-f6fmanee evaluations may also be pr-ovided to a pfespeefive new employef of the D. Exceptions to the guidelines in this Chapter must be approved lithe affected Department Head and Village Manager (or designee). 9.02 - Employee Performance Evaluations A. Probationary Employees. Original . appointees: Original appointees shall be evaluated generally upon the completion of si�v okOnseeu4ive monflV s- ou seuviee,-twelve (12) months of consecutive service, and upon the completion of their probationary period. Original appointees must obtain an evaluation of "Meets Job Standards" or better to be considered for "regular" employee status. Failure to obtain such an evaluation shall result in dismissal or extension of the probationary period as provided in Chapter 6.00. An original appointee shall not be eligible for a merit pay increase until the completion of twelve (12) months of service, unless otherwise authorized by the Village Manager (or designee). Promotional appointees: Promotional appointees generally shall be evaluated: 43 Packet Pg. 457 9.F.b A. As of the effective date of promotion; B. Upon the completion of six (6) months of service in the new position; C. Upon completing twelve (12) months of service in their new position; and D. Other times as deemed appropriate by the Department Director. The first evaluation shall be based on the employee's overall performance and contributions in the position held prior to promotion. Any merit pay increase for which the employee may qualify shall be prorated on the basis of one -twelfth (1/12) of the annual merit increase earned times each full month of service in the period of evaluation. Merit pay increases, if authorized, computed under this section shall be rounded upward to the nearest step, and shall be awarded prior to making those pay rate adjustments provided in Section S.10(B). Failure of a promotional appointee to obtain an evaluation of "Meets Job Standards" or better upon the completion of either six (6) or twelve (12) months of service shall result in the demotion of the employee to a position in the class held prior to the promotional appointment (or termination if appropriate). The salary rate of any employee demoted under this section shall be reduced to the salary rate held prior to pay rate adjustments provided in Section 8.10(B). Demotion under this section shall not change the anniversary date resulting from promotion. Depending on all of the circumstances involved, dismissal in lieu of demotion may apply in some cases. B. Full -Time Employees: The performance of all full-time employees shall be periodically evaluated generally on an annual basis, using the systems and procedures authorized by the Village that are then in effect. C. Part -Time Employees: The performance of all part-time employees required to maintain regularly scheduled work hours shall be periodically evaluated generally on an annual basis using the systems and procedures authorized by the Village that are then in effect. D. Temporary/Seasonal Employees: Temporary/seasonal employees are not covered by the Village's formal performance evaluation program. However, the appointing authority will be permitted to conduct periodic counseling or performance reviews of a temporary/seasonal employee. 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Regular working hours for fire protection personnel covered by the Fair Labor Standards Act of 1938, as amended, shall be two hundred and twelve (212) hours in a twenty eight (28) day work period, unless otherwise established in a collective bargaining agreement. B. Regular working hours for law enforcement personnel covered by the Fair Labor Standards Act of 1938, as amended, shall be one hundred seventy one (171) hours in a twenty eight (28) day work period. C yEWith prior notice from a Supervisor, employees are permitted to take reasonable - breaks or rest periods of five (5) minutes or less for use of the restroom or similar necessary -personal reasons. Employees are not entitled to use or request paid time off for smoking purposes or to otherwise engage in non -work related activities. Violations of this policy are grounds for disciplinary action, including dismissal if warranted. Formatted: No underline Formatted: Heading 4, Outline numbe Level: 4 + Numbering Style: A, B, C, ... at: 1 + Alignment: Left + Aligned at: 0 Tab after: 0.53" + Indent at: 0.53" D. Employees shall receive a lunch break and two rest periods. The unpaid lunch break - Formatted: No underline shall be no less than thirty 30) minutes and no longer than sixty (60) minutes. Lunch breaks must be taken beginning no later than five (5) hours after the start of the work period. ElP. Exceptions to the regular working hours will be made based on business need and other related circumstances. Nothing in this section is intended to create a guarantee or promise of work for any specific number of hours or workweeks in a year. 10.02 - Work Schedules Work schedules, including those of an emergency or on call nature, shall be determined by Department Directors for employees under their jurisdiction, subject to the approval of the Village Manager (or designee). Department Directors shall arrange work schedules to meet the needs of the municipal service, provided that all work schedules for full-time employees shall comply with the remaining provisions of this Chapter 10.00. 10.03 - Attendance Regular and punctual attendance at work shall be required of all employees. Employees who fail to observe attendance requirements and procedures for recording and reporting of attendance, 46 Packet Pg. 460 9.F.b including, failure to report to duty, tardiness and "early leaves," shall be subject to disciplinary action, up to and including dismissal. Exceptions to this section will be considered only as required for approved time off under the Family and Medical Leave Act and/or the state, federal and local laws applicable to employees with disabilities or handicaps. If employees are unable to come to work or will be more than seven (7) minutes late, they are required to directly contact their Supervisors, and if they are unable to reach their Supervisor, they should leave a message for him/her advising of their inability to come to work or that they will be late. If, because of illness, employees are unable to call personally, they may have a member of their family or a friend call on their behalf. If employees have any questions, their Supervisor will advise them concerning absence reporting. Please note that, although calling in an absence or tardy inquired, doing so will not necessarily render the absence or tardy totally excused. Unauthorized, unreported or excessive absenteeism will result in disciplinary action, up to and including termination of emnlovment. If employees must leave work early because of an illness or personal emergency, employees must make every reasonable effort to promptly advise their immediate Supervisor or if their immediate Supervisor is not available, the Supervisor at the succeeding level of authority in their department. Employees' notice must include a reasonable explanation for their absence or tardiness, and a statement as to when they expect to arrive at or return to work. Employees may be required to present a doctor's note or other documentation substantiating the length of and reasons for their absence or tardiness. The foregoing notice requirements apply to each day of absence or tardiness, including without limitation consecutive days. Failure to satisfy these requirements may result in loss of pay for the time in question and/or subject employees to disciplinary action, up to and including termination of emnlovment. An unreported absence of three or more consecutive days is considered to be a voluntary resignation from the Village. This also applies to employees failing to return to work after an approved leave of absence. 47 Packet Pg. 461 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 11 HOLIDAYS Chapter 11.00 - Holidays Sections: 11.01 Holiday Observance 11.02Holiday Compensation 11.01- Holidav Observances A. The Village shall observe the following holidays annually: New Year's Day IN rtiirr� l.;�u611 r Oda,nni; �r '� Illnruli4_ay President's Day Memorial Day Independence Day Labor Day Thanksgiving Day after Thanksgiving Christmas Eve Day Christmas Day Floating Holiday B. When a holiday falls on a Saturday, the preceding Friday generally shall be observed. When a holiday falls on a Sunday, the following Monday generally shall be observed. If Christmas Eve is on a Saturday, employees generally will be given off Friday as well as Monday; if Christmas Eve falls on Sunday, employees generally will be given off Monday and Tuesday. C. One (1) floating holiday will be awarded each eligible full-time and regular part-time employee to utilize during each calendar year for religious holidays or observances that may not be celebrated by the Village. The floating holiday may be taken as one (1) full day off or two (2) half days off. The floating holiday is non -cumulative and must be observed during the calendar year in which it is awarded. Employees must complete six (6) months of service before being entitled to a floating holiday. Scheduling of the floating holiday shall be at the employee's discretion, subject to approval of the Department Director. Fire department employees governed by a collective bargaining agreement will follow terms and conditions set forth within the collective bargaining agreement. D. Other holidays may be designated at the discretion of the Village Manager (or designee). ---------------------------------------- F1 Department Directors may approve additional unpaid time off if such additional time- - Formatted: Heading 5 Indent Left c off does not present an undue hardship to the Village. For example, we reasonably nine o. accommodate our employees who need time off for religious purposes which are not observed by the Village where an employee makes arrangements in advance. 48 Packet Pg. 462 9.F.b r"et a_� hrhtd�ny-tb�1��4r4a_:�iP' t,_°��Iluuu�u�uV ti,, ll�a�� ukhdll lira° 1_oruui<ull� cd as ;a_u� iiuu-s�°u_vr C(° (Naq_ _�D n � asput ll"anu _<uu� praa..waa.>I�u�,�luull� aB/l�u•awant�pu�aro�ra.�>i.�la�y�b arod`�, �na<�uu° uGa^rf4�a;i�� 1G�a; �/dd➢ad �,ama ll�d�<_��a; iruabta,�_Dlpuaat a,x to �'Atund one, and' 'Pl'udirnl� �barM�,Ilnu��b -nold �aroaou p."nip loye we, �xpaa,aled to wo d,,, their "normal°," nva dna_a%un�a_ pq_�_�n�aMibu s Day is not <>i ��d app ll_atHdau.YM 11.02 - Holiday Compensation A. Full-time and Regular Part-time Employees: All full-time employees and regular part- time employees who are required to maintain regularly scheduled hours shall receive their normal compensation for time off work on Village observed holidays if the employee normally would be scheduled to work on the holiday. If a regular employee is required to work on a holiday, he/she shall be compensated according to the overtime provisions of this manual, in addition to receiving holiday time off for Village observed holidays. B. Temporary/Seasonal Employ: Temporary/seasonal employees shall receive time off without pay for Village observed holidays. If a temporary/seasonal employee is required to work on a Village observed holiday, he/she shall be compensated for hours actually worked at his/her normal rate of pay for such hours as the employee who normally have been scheduled to work on that day. C. Fire and Police: Holiday compensation for fire and police personnel assigned to shift duty shall be in accordance with rules and regulations of the respective departments and such rules and regulations will supersede the statements contained in this Chapter in the event of a conflict. 49 Packet Pg. 463 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 12.00 VACATION LEAVE Chapter 12.00 - Vacation Leave Sections: 12.01 Amount 12.02Accrual 12.03 Scheduling 12.04Payment on Separation 12.05Holidays Occurring During Vacation Period 12.06Vacation Leave for Part-time Employees 12.07Compensation in Lieu of Vacation Leave 12.01- Amount A. Each full-time employee shall receive vacation leave credit (accrued on a pro rata basis) according to the following schedule: First (1 st) partial year and first (1 st) full calendar year of service: After l month 1.0 day After 2 months 2.0 days After 3 months 2.5 days After 4 months 3.5 days After 5 months 4.5 days After 6 months 5.0 days After 7 months 6.0 days After 8 months 7.0 days After 9 months 7.5 days After 10 months 8.5 days After 11 months 9.5 days After 12 months 10.0 days 2nd full calendar year of service: 11.0 days 3rd full calendar year of service: 12.0 days 4th full calendar year of service: 13.0 days 5th full calendar year of service: 14.0 days 6th 10th full calendar years of service: 15.0 days 1 lth-14th full calendar years of service: -17.0 days 15th-19th full calendar years of service: 20.0 days 20th-- 22nd full calendar years of service: 22.0 days 23rd full calendar years of service: 23.0 days 24th full calendar years of service: 24.0 days 25th (and after) full calendar years of service: 25.0 days B. Sworn fire personnel assigned to shift duty and not otherwise established by a collective bargaining agreement shall receive vacation leave credit according to the following schedule: 50 Packet Pg. 464 9.F.b First (1st) partial year and First (1st) full calendar year of completed service: After 2 months 1 shift After 4 months 2 shifts After 6 months 3 shifts After 9 months 4 shifts After 12 months 5 shifts 2nd full calendar year of service: 6 shifts 3rd full calendar year of service: 6 shifts 4th full calendar year of service: 7 shifts 5th full calendar year of service: 7 shifts 6`"-loth full calendar years of service: 8 shifts 1 lth-14th full calendar years of service: 9 shifts 15th-19th full calendar years of service: 10 shifts 20th-24th full calendar years of service: 11 shifts 25th (and after) full calendar years of service: 12 shifts --____-Adtfidaannrzal__� eav _ r qr aal_aru_th 6varmn_aad_paal_,aanlzafl_a�ay_ _�aa�_prrr aiagraav_ra�Wgua-ed to attend n ,aaFl�,ua aa"-.a1nl,. nt >r>rpa n°buu�l-�'1.:- �n" n�.�� u�� awardex] live 6; -_sai� a ntonnlbsn. n n aarvnn� paea k� 1ma , aar. li lwaaaaar days AM laauaraa) vagniC11 a°aaB-BOQ'-ire c, nra_ d o-vet=l`rorn year, uas-ed d'aar v4,a°aaioru uy bra rllr_l2nirnln 2, �_, )L P auvfl_caart gLlg11_ac p,> IarIJorr- --------------------------------------- d l l kI114� a�'n l4etitiaa l�aAl �n�—I�aLaa I �G—: �I�l�rolalq��dy —� �e�AnikaV — Formatted Indent Left 0.53 No b na�;,9ati^a-Dna^ l4iaan-k`ra'klatrlaaa=8u7Fc, Q^�aa"a>l=a a;oala~analoa6 "4''Ymnlri:? numbering Deputy Village Manager Department l tiraaa tarn sllgna a tnnarv. 1=��l�n-ntya_:1�-ur�a� d�,1~-�-al-iGnual=al��=-=-o�l�� t-Dfna�n=eat-o-a�lmm ��'l��n4rrfal�tcnada;iau4��d` '<ad,a�untl� o-�an¢:iaaraa�u Village Engineer Valgant;a.°n1a1a;a0au_Planner 1-ranT� a;4a"�n�.a-rl=-1(�a-da-ru=a�nrad-l��a~a '-6-a;�-ha-au-rla-tra,r. lin°sa�i ilaaiV gtaaat�ssiiranal ._ Illnal`d�aln�a airraava; aaluafl E�rChanal¢~d,1uu'as D. =tlnk, _II_prd° d4rdn _ravaiiudr__lrrslMndre aur__Shall __bt __ warQ�r.afl 11 rec.__(�� urfl4fliidncrrai ud_:pn rr�Qrl ud r6yyl__(_i._. V eanriu, r l ua pu_a_aagliraavl_be aaairla,_al,_ovr.r_�vnrrur_, r_vy, ari a_a� faau__v acatia�ur_Qr�u�, _lr1kl,_,l_a ualrr_� _erir paald o1A u-po-n Sepaa.nraatloy:ll-) lk-)wing Twos fiolss -Sill 'a he-,aw,,mJaa(l- days �R-a�a�ast y.�luaaln--(1"�d �-ireranaa-�.o-�-ail°-�-uaa,�at-iffaaal-lra;aa� c-a,a=waalrit aln a1-ias2a-aaamaaais-aarrla�raralaaa=-raaaaaa l-ta,p�ndy-laaraa; �=la-ln,-i-. p�cq"nun4v l�aaRiac t "Drina&. A, sl utsrnt B lnaasake-l)ir-a eli)-r t:�ual&=i=aaa;na aa; aluara ;n llndvna-lsa,flt 11a p^ ,dity Fin- Maa>r"slnaap l'�4�paau4 l u ilallnf io-nnnsi asisaana,�aa_l tQ paula g:_l a pease°Ing ent Nr a tnaa_nv ��aann 11 a�d�uarp i0�laannpaaaanur Assn st aunb_to rlinr-_V-rlllaapa_c, l��avaayd n;9. 51 Packet Pg. 465 9.F.b Build um"I oniq-J--s-si nner V aaunpaniauanc-C S upcn unnta,n_-den -4, U!ifiuy Su,upna 0 1tendent uavcnutnti aca�a� �„pn an��; � air ai)- a a; a anTl,ag sap ona..tapap nana�a �:.. as ;aya; �, c 4iuuaibarn o,9 pna,pnaupluut. days ,,Is nfafpcated 41 �paa�a-2W3 IPersontiivall Maarrnia��d, �nuY.�nrrnlnnna,ndnnu� nnnrrronniann� inlll_n �;danpnOpanii�-avnllll li4-.`�anDrpa a;p_�ai ppaa� piu,�»pna V aaV�,„anus';-.. 12.02 - Accrual Eligible employees shall accrue paid vacation credits on a monthly basis. Vacation leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second calendar year of service and shall be prorated based upon the number of full months worked by the employee. Employees must complete six (6) months of service before being entitled to take vacation leave, unless otherwise approved by the Village Manager (or designee) and provided a loan agreement/vacation advance agreement is entered into with the employee concerning the repayment of the time once earned. Unless appr-o-,,ed in ;,N,F-iting b— the Village Manager- (or- designee), vaeatien leave ffiffy net be feffeited. Employees may only be eompensa4ed for- vaeation lea-,,,e eafned but not taken as PFON-ided in SeetiOlIS 42.04 and 12.07. This poliey shall apply to all employees of the Village p_,pp"ca,ppve annitaniry 1, p4 ul-Jnk-,s approved- pin vvnppprig- maximum equal to of forty hours (40) will be considered or approval by _____a y anV_nlw��N uin�pl p'�M M y the au- aa-p� __I nnvaab � o (a u r mip,aaa p Q_ts_urrpmyag iu Head d aa_�_ .:�-papn°anw=�-v-taa-ramt=tanire--a;air-�"yaa��„a-__(�:��i�sane a,s--n-otay�_rravp c,svaiaia�i--t�-vi=1;�-f-'Nt�)--hava�i �__na�- cull=-.pvap�_.p-_ao-6a_lha,, ff'on llowing, ye an%--.1 `aiiny_ovk i baiaaauce in-c ce N-.yip" for y-(40) 1naaur on Jtipy p aa6'-6he (bnp �owa nng yenalr siisapl by panwpi�a All carry-over hours must be used prior to the end of the calendar year. Carry-over balances beyond these designated "caps" not used prior to the end of the calendar year shall be forfeited. Employees may only be compensated for vacation leave earned but not taken as provided in Sections 12.04 and 12.07. This policy shall apply to all employees of the Village regardless of their date of hire. Vacation leave shall not be accrued or earned while on leave of absence without pay. 12.03 - Scheduling Vacation leave schedules shall be approved by Department or Division Directors or their designee consistent with Village business needs. Seniority of employees shall be e0fis��;-defedi one relevant factor in considering vacation requests. Accrued vacation time may be used for the 52 Packet Pg. 466 9.F.b purpose of sick leave only in the event that an employee has exhausted all accrued sick time. All time off that qualifies under this Chapter and the FMLA will run concurrently. 12.04 - Pavment on Separation If an employee resigns or is terminated from employment with the Village and the employee has accrued vacation time, the employee shall be compensated for vacation leave earned and unused through the date of termination or resignation. If an employee was hired by the Village prior to January 1, 2012, and retires from Village employment, the employee shall be compensated for vacation leave earned and unused through the date of retirement. If an employee was hired by the Village on or after January 1, 2012, and retires from Village employment, the employee is not eligible for a "cash -out" of accrued vacation time upon retirement from Village employment. An employee hired by the Village on or after January 1, 2012 shall be required to and shall have the right to exhaust all vacation leave prior to retirement. Annual vacation leave entitlements at time of separation or resignation shall be prorated based on the number of full months worked by the employee in the current calendar year. Vacation leave taken in excess of that earned will be deducted from the employee's final paycheck, subject to the provisions of the Illinois Wage Payment and Collection Act. In the event of separation due to death of the employee, compensation normally will be made to the employee's beneficiary or estate as provided by law. 12.05 - Holidays Occurrin! DurinE Vacation Period Any official holiday (which is observed by the Village) as set forth in these rules which may occur during an employee's scheduled vacation period, shall not be counted as a day of vacation. 12.06 - Vacation Leave for Part -Time EMD1ovees Regular part-time employees who are required to maintain regularly scheduled hours of work shall earn annual vacation leave based on the following schedule. Temporary and seasonal employees are not eligible for vacation leave under the terms of this program. 1 st - 5th full calendar year of service = 1 week of vacation. (i.e., 5 work days) 6th - 1 Oth full calendar year of service = 1 week and 2 days of vacation. 1 Ith - 14th full calendar year of service = 1 week and 3 days of vacation. 15+ full calendar year of service = 1 week and 4 days of vacation. For the purpose of administering this policy, a week is based on an amount equal to the average number of bud eg ted hours worked by the employee in a week. A day is based on an amount equal to the average number of budgeted hours worked by the employee in a day. Example: A regular part-time employee with sixteen (16) full calendar years of service who is scheduled to work three (3) eight (8) hour days per week (twenty-four (24) hours), will receive one (1) week (twenty-four (24) hours) and four (4) days (nineteen (19) hours) of vacation, for a total of forty-three (43) hours of vacation a year which can be taken during the calendar year. 53 Packet Pg. 467 9.F.b Regular part-time employees who are subsequently appointed to full-time positions within the Village will receive vacation leave credit according to the schedule outlined in Section 12.01(A). Calendar years of service are calculated starting from when the employee was appointed as a regular part-time employee with the Village. Employees who retire from full-time employment with the Village and subsequently become regular part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy, as previously illustrated in this section. 12.07 - Comnensation in Lieu of Vacation Leave Based on the availability of funds and at the sole discretion of the Village Manager (or designee), Full-time employees, hired prior to January 1, 2012, may be eligible to receive, as an option, compensation in lieu of earned vacation leave based upon the following parameters: • Full-time employees eligible will be those with fifteen (15) or more full calendar years of service and would therefore earn twenty (20) or more days of vacation leave. • The maximum amount of vacation leave that could be converted into compensation would be equal to fifty percent (50%) of the earned vacation leave based upon years of service as noted in Section 12.01, Amount. • Compensation paid would be at the regular employee's' hourly rate of pay at time of conversion. • In order to qualify, vacation leave must have been taken during the calendar year. The amount of vacation leave that can be converted will be equal to the amount of vacation leave taken. Example: If a full-time employee is eligible for twenty (20) days of vacation leave but only takes six (6) days leave in the calendar year, the employee will only be able to convert six (6) days of unused vacation. • Conversion of vacation leave will be in lieu of the ability to canyover vacation except for any balance unused after conversion. Example: In above example, employee was eligible for twenty (20) days of vacation leave, took six (6) days and converted six (6) days. With the permission of his department/division direction, employee may only carryover eight (8) days into next year. •If an employee elects to carryover any unused vacation into the next calendar year that election cannot be reversed so as to convert the time back to compensation in future years. Example: In that the program is optional, an employee may elect to, with Village Manager 2:1: d)u,ugnee, approval, carryover forty (40) hours of ffl-�unused vacation into the next calendar year as permitted in Section 12.02, Accrual. If an employee with twenty (20) days' vacation leave takes ten (10) days and opts to carryover ten (10) days, that decision is irrevocable; the employee 54 Packet Pg. 468 9.F.b cannot then decide to convert the unused time back into paid compensation. if the time is not used, it will be lost. •Conversion of vacation leave will only be for current year credit. Conversion will not be allowed for any unused prior year carryover vacation leave. • Employees covered by a collective bargaining agreement should consult that document for vacation benefits as this Policy is inapplicable to those employees. • Note: Like all benefit programs, this policy is subject to revision from time to time to meet our business demands and the needs of our residents. 55 Packet Pg. 469 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 13.00 SICK LEAVE Chanter 13.00 - Sick Leave Sections: 13.01 Amount 13.02When Taken 13.03 Accrued Sick Leave !( 14 ENT -IRE PROGRAM A M rc GURRENT v tWDER RRVIE 4 13.04Medical Certificate 13.05Temporary Light Duty 13.06Family and Medical Leave of Absence ("FMLA") Employees governed by a collective bargaining agreement shall follow the terms and conditions set forth within the collective bargaining agreement in lieu of this Policy. 13.01- Amount Each eligible full-time employee in the municipal service shall earn up to ten (10) days of sick leave with pay credit during each calendar year. Sworn fire personnel assigned to shift duty shall earn up to five (5) shifts of sick leave with pay credit during each calendar year. In the first calendar year of employment, Efull-time employees shall accrue sick leave at the rate of five sixths (5/6) of a day for each full month of employment. Sworn fire personnel assigned to shift duty shall accrue sick leave according to the following schedule: after two (2) months of service, one (1) shift; after four (4) months, two (2) shifts; after six (6) months, three (3) shifts; after nine (9) months, four (4) shifts; after twelve (12) months, five (5) shifts up to a maximum of five (5) shifts per ye. Sick leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second (2nd) calendar year of employment. Sick leave shall not be accrued or earned while on leave of absence without pay (regardless of the reason). 13.02 - When Taken Sick leave with pay will be granted for absence from duty because of actual non -work related personal illness, birth of the employee's child, disability, bodily injury or disease, exposure to contagious disease, to care for an ill or injured member of the employee's ifliffiediffte family when the employee's presence is required, or to keep a doctor's or dentist's appointment, which cannot be scheduled outside of the employee's working hours. Additional conditions and further discussion about the use of sick leave can be found in Section 13.06 of this Manual under the Village's Family and Medical Leave plsvisieffspolicy. Sick leave shall not be granted in cases where regular or disability retirement has been approved, or for absence due to injuries resulting from employment in a position other than that held in the municipal service. Employees injured or sustaining a serious health condition in the course of other employment may be eligible for leave of absence without pay. Any time off under this policy that also is governed by Section 13.06 shall run concurrently. 56 Packet Pg. 470 9.F.b When an employee finds it necessary to be absent for any of the reasons specified herein, he/she shall report the facts to his/her Supervisor. An employee whose work requires a substitute for a particular shift assignment is required to give such notification at least one (1) full hour in advance of his/her scheduled starting time. All other employees shall notify their Supervisor within at least thirty (30) minutes prior to their scheduled work day or duty tour. Exceptions only if approved by the FMLA or as an approved accommodation under the ADA for disabled employees. An employee is responsible for making a daily report thereafter for the duration of the illness, injury, or disability, except as provided otherwise under the Village's Family and Medical Leave Act ("FMLA") policy. A medical certificate may be required by the Department Director for any absence and upon return to work. Additionally, the Village reserves the right to seek a second opinion at the Village's expense to determine whether there is a medical need for the employee to be away from work. Unless prohibited by law, an employee's failure to comply with the provisions of this chapter and/or any misrepresentation or omission relative to the use of sick leave shall result in a denial of sick leave and may result in disciplinary action up to and including dismissal (no matter when discovered). Three (3) consecutive days absence without notice or approval may result in dismissal, exeept as permitted al-lewe&by law. 13.03 - Accrued Sick Leave tJN➢. EH "� D:�✓t-D.��'g -"�-=��'1�'w �u�t"•�"��..�.'._�-�'t-}�a�;�ar--�"�-t.-'��'�'i �"�c-� r��*rl�'s--�`�.-r^�'�,-_"� =t �-�^i-�"t-�'r-� `__�"Qmt'`,i t:.�`t_�'_""� ��-rt-z�r:�")�ua�r'--a�`w,"t'�-� Regular employees may accrue sick leave up to a maximum "cap" of two thousand eighty (2,080) hours. Sworn fire personnel assigned to shift duty may accumulate sick leave to a maximum "cap" of one hundred thirty (130) shifts. 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Da "Convorta��_Iaaa�_dcrl(r al[ anlothe __p�llan account wa_pa,__pn;htractod ft() rra_ti;�an_n_uaatrll(ny<t_"m ana,autaattfl_,;i_aall to ave b4eunallnIan nacn nc on!y4uut��bllUTILI cafl ua�aaJn,llILc into Vaualionllugv�up2<u�di t.yn__t-u__-_&-2n-------------------------------- _u ll _uan �Dnam ,_ va hlia, _ o t.1aa__(.,,onvcrss on _a6uan➢�_, ima__n amivaaaG _ 4n__A ln� n_Aroampri� )y _0�_<1<ut4 _ va damnba and flMnot Ilimited to 1Vaw, "". a„t t� 4.aia 4 a.11paat4dal aai$SmvG ya a ay4na aaa°ait.a:atha u,aAn-oa^a�w°antVmnraahup w ahic- (ham vaapu:aa, aa9`" p as ha MIS bencAil. -- as u---- au4 ui a-a,-ll- pa a------------- t, au pawn-.<u a� t _an,V----; ---- wy " .. t t. -i ngu o'i__seen Is a" l ,Fr aan paaa t a.:_at"pm aa��,w a a c°tapn � -are- a�,aa mw a,a°t tea a�aavaaayt aaaa r,amdasau4uaa-.. oa� a�mal- aaranmfl Nask, �pa4 4 w/4n]il: oV` t" o��tluuail-aaiauuaal�. aa a°aaua�-Vua,t wvitfa t.Vav aaow�u�;uoirul- The lZ1-1 l P aaaw-aaaaal dw-aappVk-1aab c delay 4s aawa-sub)ec -t;aw nvview nand isuatenkaal- 9-chaata.;<° awnti.-.nm�ua aawaala�raawV__gaa�bu�b-__-llm--a-0�I_.wawwvw, ulnae-ta.,iw-uva�__aml-t;Vartia--tV-awwa--aa�an"rpaQ=amV�laa-_lwiGawea--alw-auvawawwwutrwa--vw-il'IG--�^;uwvw;u-w!�--u-1�x� �laa iraanll-0.a-lwaa-r,a=anaraaa-yaw-p-Vwka-a,;vw eat-�-a�paa'-amawawl-`lee�-a-(ln-talww; aaara-a��iraaa°�aww�kw'V=1�ti-ua+-l�aaawuw:an:l-: 0. Note lyall�a;-aH bane t lrrarp;a.taam b, vhii--� limoiiiany us seal „licit. to revusaazili frraaila� 1Kinve p.ra (nxlar, to iineet: oauir buusin.iess (Jeairaaauaais and the nu cai> ol'oauir iresialcnts.. ............................................................................................................................................................................................................................................................................................................................. 13.04 - Medical Certificate A medical certificate when required by a Department Director or Division Director shall consist of a written statement by a qualified physician indicating (if requested and consistent with job requirements): A. The employee has been examined by the physician during the period of absence; B. The symptoms observed or measured by the physician; 59 Formatted: Font: (Default) Times Neon 12 pt ----------------------------------------------------- Formatted: Font: 12 pt ------------------- Formatted Font: (Default) Times NeN 12 pt Formatted Font: 12 pt _-- -- _-- --. Formatted: Font: (Default) Times NeN 12 pt ----------------------------------------------------------- Formatted Font: 12 pt Formatted. Font: (Default) Times NeN - Formatted. Font: 12 pt Formatted: Font: 12 pt -- --- --- ---. Formatted: Font: (Default) Times Nev ------------------------------------------------------------ Formatted Font: 12 of Packet Pg. 473 9.F.b C. The stated diagnosis and medication and/or treatment prescribed; D. The dates on which the employee is expected to be physically incapacitated from work; and E. Any requests for a reasonable accommodation that may be available to assist the employee in returning to work (if applicable). 13.05 - Temporary Light Duty A full-time employee who is eligible for sick leave or occupational injury leave may be required to and/or may volunteer to return to work for an available temporary light duty assignment if it exists and provided the Village has a business need for the work to be performed at the time. The need and appropriateness of a light duty work assignment shall be determined by the Department Director in consultation with the employee and the employee's physician. An employee on light duty may be assigned to work in any Village department. A light duty assignment generally shall not exceed sixty (60) calendar days and may be terminated by the Village prior to that time limit; unless mutually agreed upon advice of the employee's physician and a Village assigned and paid physician, in consultation with the Department Director. Temporary light duty may be extended by the Department Director. Nothing herein shall be construed to require the Village to create or maintain a light duty assignment for an employee. Employees will only be assigned light duty assignments when the Village determines that the need exists and only as long as such need exists. 13.06 - Family and Medical Leave of Absence ("FMLA") Policy (E:ff_etive 31P Employees that have been employed by the Village of Buffalo Grove ("Village") for at least twelve (12) months (with no break in service of seven (7) or more years except if related to USERRA covered military obligations) and have worked at least 1,250 hours during the 12-month period preceding the start of the leave (which includes all periods of absence from work due to or necessitated by USERRA-covered service), are eligible for up to a total of twelve (12) workweeks of unpaid leave during any rolling twelve (12) month period for one or more of the following reasons: a.Because of the birth of the employees child and in order to care for such child (within twelve (12) months after the birth of the child); Because of the placement of a child with the employee for adoption or foster care (within twelve (12) months of the placement of the child); C. In order to care for the employees spouse, child, or parents if they have a "serious health condition;" d. Because of a "serious health condition" that makes the employee unable to perform the functions of their job; or 60 Packet Pg. 474 9.F.b e. Because of any "qualifying exigency" (as defined by the Secretary of Labor) arising out of the fact that the employees spouse, child, or parent is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces, National Guard or Reserves in support of a contingency operation. 2. Serious Health Condition. For purposes of this policy, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: a. Hospital Care. Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity relating to the same condition; b. Absence Plus Treatment. A period of incapacity of more than three full consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves either: (1) treatment two (2) or more times (within that same period of incapacity and provided the first visit takes place within seven (7) days of the first day of incapacity) by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or (2) treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of the health care provider (first visit to health care provider must take place within seven (7) days of the first day of incapacity); C. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care; d. Chronic Conditions Requiring Treatment. A chronic condition which: requires at least two (2) periodic visits for treatment per year by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; which condition continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity; e. Permanent/Lops-term Conditions Requiring Supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; £ Multiple Treatments (non -chronic conditions). Any period of incapacity to receive multiple treatment (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would 61 Packet Pg. 475 9.F.b likely result in a period of incapacity of more than three (3) full consecutive calendar days in the absence of medical intervention or treatment. Qualifying Exigency Leave. An eligible employee (as defined above), is entitled to take up to twelve (12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a military member is on covered active duty or called to covered active duty status. The leave described in this paragraph is available during a single twelve (12)- month rolling period, and may be taken on an intermittent or reduced leave schedule basis. Employees will be required to provide a copy of the military member's active duty orders or other documentation issued by the military that indicates that the military member is on covered active duty or call to covered active duty status in support of a contingency operation and the dates of the military member's covered active duty service. Employees may take all twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of twelve (12) weeks of leave for both qualifying exigency leave and leave for a serious health condition (as defined above). With respect to a Qualifying Exigency Leave: a. A "military member" means the employees spouse, son, daughter, son, or parent who is on covered active duty or called to covered active duty status. b. A "qualifying exigency" includes the following broad categories: (a) short notice deployment; (b) military events and related activities; (c) childcare and school activities; (d) parental care; (e) financial and legal arrangements; (t) counseling; (g) rest and recuperation; (h) post deployment activities, including reintegration activities, for a period of ninety (90) days following the termination of active duty status; and, (i) additional categories that are agreed to by the employer and employee within this phrase. The phrase "son or daughter" is defined as the employees biological, adopted, or foster child, stepchild, legal ward, or child for whom the employee stood in loco parentis, who is on active duty or called to active duty status who is of any age. (Note: This definition is different from other sections of this FMLA policy). If the exigency leave is to arrange for childcare or school activities of a military member's child, the military member must be the spouse, son, daughter or parent of the employee requesting the leave. d. A "parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when he/she was a son or daughter but it does not included "parents in law". Parental care — eligible employees may take leave to care for a military member's parent who is incapable of self -care when the care is 62 Packet Pg. 476 9.F.b necessitated by the military member's covered active duty. Such care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility. Rest and Recuperation — eligible employees may take up to fifteen days to spend time with a military member on Rest and Recuperation leave, limited to the actual leave time granted to the military member and supported by the Rest and Recuperation leave orders or other appropriate documentation issued by the military setting forth the dates of the leave. Militarygiver Leave. Employees that have been employed by the Village for at least twelve (12) months and have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12)-month period preceding the start of the leave, and are a spouse, child (of any age for military caregiver leave), parent or next of kin of a Covered Service member, as defined below, are entitled to a total of twenty-six (26) workweeks of unpaid leave during a rolling twelve (12)-month period to care for the Covered Service member. The leave described in this paragraph shall only be available during a single twelve (12)-month period beginning as of the date the leave commences and ending twelve (12) months after that date (and any unused amounts are forfeited). Military Caregiver Leave may be permitted more than once if necessary to care for a different Covered Service member (or the same Service member with multiple injuries or illnesses) up to a combined total of twenty six (26) workweeks in a rolling twelve (12) month period. Nothing in this paragraph shall be construed to limit the availability of leave under paragraphs 1 a. through 1 e. during any other 12-month period and this twenty six (26) week period of Military Caregiver Leave is in addition to other types of approved FMLA leave. However, an employee's total available leave time in any rolling twelve (12)-month period may not exceed a combined total of twenty-six (26) workweeks (including FMLA time off taken for any other reason). Employees will be required to timely submit the completed paperwork provided to them and available from the Village's Human Resources Director as a condition of receiving approved Military Caregiver Leave. With respect to Military Caregiver FMLA Leave: a. A "Covered Service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy from an injury or illness occurring in the line of covered active duty and/or during covered active duty, who is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, and who was discharged or released under conditions other than dishonorable.' The time period between October 28, 2009 and March 8, 2013, is not counted in determining the five year period preceding a covered veteran's treatment, etc. 63 Packet Pg. 477 9.F.b b. "Outpatient status" means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. C. "Next of kin" means the nearest blood relative of that individual (regardless of age). An employee is required to provide confirmation of the relationship upon request. The Service member may designate the blood relative who is considered his/her next of kin; otherwise, the following order generally will apply: blood relatives granted custody by law, brother/sister, grandparents, aunts/uncles, and then first cousins. d. "Serious injury or illness" for a Current Servicemember means an injury or illness incurred by the Service member in the line of duty on active duty in the Armed Forces that may render the Service member medically unfit to perform the duties of the member's office, grade, rank or rating. e. "Serious injury or illness" for a Covered Veteran means an injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is: (1) A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember's office, grade, rank, or rating; OR (2) A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of fifty percent (50%) or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; OR (3) A physical or mental condition that substantially impairs the veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; OR (4) An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. Spouses Employed by the Village. If an employee's spouse also works for the Village and both become eligible for a leave under paragraphs la. or lb. above, or for the care of a sick parent under paragraph lc. above, the two employees together will be limited to a combined total of twelve (12) workweeks of leave in any rolling twelve (12)-month period. In addition, if an employee and their spouse both become eligible for a leave under the Service member Family Leave provision above or under a combination of the Service member Family Leave provision and paragraphs la. through le. above, the two employees together will be limited to a combined total of twenty-six (26) workweeks of leave in any rolling twelve (12)-month period, but if the leave taken by the employee and their spouse includes leave described in paragraphs 1 a. through 1 e. above, that leave shall be limited to a combined total of twelve (12) workweeks of leave in any rolling twelve (12)-month period. 64 Packet Pg. 478 9.F.b 6. Medical Certification. Any request for a leave under paragraphs lc., Id. or under the Service member Family Leave provision above must be supported by certification issued by the applicable health care provider. Employees are required to submit this information on the forms provided to them and available from the Director of Human Resources. Employees will be required to submit a new medical certification form for each leave year for a medical condition(s) that last longer than one year. Additionally, employees are required to submit a recertification of an ongoing condition every six (6) months in connection with an absence where the duration of the condition is described as "lifetime" or "unknown". At its discretion, the Village may require a second medical opinion and periodic recertification to support the continuation of a leave. If the 1 st and 2nd opinions differ, a 3rd opinion can be obtained from a health care provider jointly approved by both the employee and the Village (unless the employee accepts the second opinion as determinative). A second medical opinion generally will not be requested for Military Caregiver Leave, but may be requested if the Certification is completed by a health care provider who is not affiliated with the DOD, VA OR TRICARE. Intermittent Leave. If certified as medically necessary for the serious health condition of either the employee or their spouse, child or parent (Paragraphs lc and Id, above), or to care for a Covered Service member if they are a spouse, child, parent or next of loin to the Covered Service member (Paragraph 3, above), leave may be taken on an intermittent or reduced leave schedule. Intermittent leave also may be taken if employees qualify for leave because of a qualifying exigency as described in Paragraph 1 e, above, subject to the submission of a certification prescribed by the Secretary of Labor. If leave is requested on an intermittent basis, however, the Village may require that the employee transfer temporarily to an alternative position which better accommodates recurring periods of absence or to a part-time schedule, provided that the position offers equivalent pay and benefits. 8. Light Duty Work Assignments. While voluntarily performing in a light duty capacity while on FMLA leave, that time does not count against an employee's twelve (12) week FMLA allotment. In effect, an employee's right to restoration is held in abeyance during the period of time that they are performing in a light duty capacity (or until the end of the applicable twelve (12) month FMLA leave year if longer). Notification and Reporting Requirements. All requests for leaves of absence must be submitted to an employee's Supervisor or the Director of Human Resources at least thirty (30) days in advance of the start of the leave, except when the leave is due to an emergency or is otherwise not foreseeable. If the leave is not foreseeable, the employee must provide notice as soon as "practicable," which generally means either the same day or the next business day that an employee learns of the need for leave, in the absence of any unusual circumstances. A delay in submitting an FMLA leave request may result in a loss of FMLA protections and/or a delay of the start of the leave. The employee's Supervisor will forward the request to the Director of Human Resources for approval. 65 Packet Pg. 479 9.F.b An employee must respond to the Village's questions relative to their leave request so that the Village can determine if the leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA protections. If an employee is seeking leave due to an FMLA-qualifying reason for which the Village has previously granted them FMLA- protected leave, the employee must specifically reference the qualifying reason or need for FMLA leave at the time of their request to be away fi^om work. It is not sufficient for an employee to simply "call in sick" without providing additional information which would reasonable cause the Village to believe that their absence/time away from work may qualify as an FMLA qualifying event. In all cases in which an employee is seeking leave under this policy, they shall provide such notice to the Village consistent with the Village's established call -in procedures so long as no unusual circumstances prevent them from doing so. Failure to comply with the call -in procedures may result in a delay or denial of FMLA protected leave. An employee must make an effort to schedule a leave so as not to disrupt business operations. During the leave, an employee may be required to report periodically on their status and their intention to return to work. Any extension of time for an employee's leave of absence must be requested in writing prior to their scheduled date of return to work, together with written documentation to support the extension. An employee's failure to either return to work on the scheduled date of return or to apply in writing for an extension prior to that date will be considered to be a resignation of employment effective as of the last date of the approved leave. Employees on leaves for their own serious health condition must provide fitness -for -duty releases from their health care provider before they will be permitted to return to work. An employee's maximum time on a leave of absence, all types combined, and including all extensions, cannot exceed a total of twelve (12) weeks in a rolling twelve month period, unless the employee is a spouse, child, parent, or next of loin on leave to care for a Covered Service member, in which case the leave may last for up to twenty-six (26) workweeks in a rolling twelve (12) month period. An Employee shall not be granted a leave of absence for the purpose of seeking or taking employment elsewhere or operating a private business. Unauthorized work while on a leave of absence will result in disciplinary action, up to and including discharge. A leave of absence will not affect the continuity of an employee's employment. An employee's original date of employment remains the same for seniority purposes. However, the employee may not accrue any benefits during the period that they are on a leave. 10. Employee Benefits During Family and Medical Leave of Absence. Employees will be permitted to maintain health and dental insurance coverage for the duration of the leave under the same conditions coverage would have been provided if they had remained actively at work. However, the employee must make arrangements for the continuation of and payment of insurance premiums before they go on leave status. If an employee does not return to work after the leave, or if they fail to pay their portion of the premiums, they will be required, under certain circumstances, to reimburse the Village for the costs and expenses associated with insuring them during the leave. 66 Packet Pg. 480 9.F.b 11. Return From a Family and Medical Leave. if an employee returns from leave on or before being absent for twelve (12) workweeks in a rolling twelve (12) month period or twenty-six (26) workweeks if they took a leave under the Service member Family Leave provision, they will be restored to the same or to an equivalent position to the one they held when the leave started. Of course, employees have no greater right to reinstatement or to other benefits and conditions of employment than if they had been continuously employed during the FMLA leave period. In determining whether a position is "equivalent" the Village will look at whether the position had substantially similar terms and conditions of employment and whether the position entails similar duties, skills, efforts, responsibilities, authority, privileges and status. The alternative position should be at the same worksite or a nearby worksite with a similar work schedule. However, the employee does not need to be reinstated in a position with the same job title or in the same physical office or cubicle as the prior position. If the leave was due to an employee's own serious health condition, they will be required to submit a fitness -for -duty certification from their health care provider in accordance with the Village's normal policies and practices applicable to other leaves of absence, certifying that the employee is able to resume work and perform the essential functions of the job (either with or without a reasonable accommodation). A list of the essential job functions will be made available to the employee for compliance with this requirement. If a reasonable job safety concern exists, the employee may also be required to provide a fitness for duty certification up to once every thirty (30) days before returning from an intermittent or reduced schedule FMLA leave related to the employees own serious health condition. Generally, a returning employee will be permitted to return to work within two (2) business days of the Village's receipt of a valid fitness for duty release. If an employee fails to return to work at the expiration of their approved Family and Medical Leave, it will be considered to be a resignation of their employment with the Village. Likewise, an employee on FMLA leave who provides notice of their intent not to return to work upon expiration of a leave will lose their entitlement to FMLA leave and related benefits. 12. Key Employ. Certain highly compensated key employees may be denied reinstatement when necessary to prevent "substantial and grievous economic injury" to the Village's operations. A "key" employee is a salaried Employee who is among the highest paid ten percent (10%) of Employees of the Village. Employees will be notified of their status as a key employee, when applicable, after they request a Family and Medical Leave. 13. Coordination with Other Policies. An employee must substitute any accrued paid vacation days, personal time, and sick days (if they otherwise qualify) for unpaid leave under this policy, and any such paid time off must be taken concurrently with the employees Family and Medical Leave. If an employee otherwise qualifies for disability pay, they will collect it at the same time that they are on unpaid Family and Medical Leave. The Village and employee MAY agree, where state law permits, to supplement the disability plan benefits with paid leave. For example: where a disability pay plan only provides for a portion of the income replacement, the remaining unpaid portion of the leave may be charged against any earned time off benefits of the employee. 67 Packet Pg. 481 9.F.b Further, if an employee otherwise qualifies for any other type of leave of absence, they must take that leave at the same time as they are taking their Family and Medical Leave. All time missed from work that qualifies for both Family and Medical Leave, and for workers' compensation, will be counted toward the employees Family and Medical Leave. To receive any type of paid time off benefit while on FMLA leave, an employee is required to meet the Village's conditions for taking the paid leave (although the Village may in its discretion waive any procedural requirement for the paid leave in appropriate circumstances). 14. As used in this Policy, the word "spouse" includes those employees who are in a Civil Union recognized by Illinois law. 145. Anti -Retaliation Provisions. No retaliation will be taken or tolerated against any employee who exercises his/her rights under the Village's FMLA policy. If an employee feels that they have been the victim of any discrimination or retaliation under this Policy, they are encouraged to contact the Village's Director of Human Resources at (847) 459- 2549 so that the matter can be promptly investigated and remedied as appropriate. 68 Packet Pg. 482 9.F.b BUFFALO GROVE PERSONNEL nI1NUAL CHAPTER 14.00 SPECIAL LEAVE Chanter 14.00 - Snecial Leave Sections: 14.0 1 Approval Authority 14.02Bereavement Leave 14.03Child Bereavement Leave 14.04VESSA Leave 14.05School Visitation Leave 14.063Court Leave 14.074Voting Leave 14.08-SMilitary Leave 14.09Nursing Mothers in the Workplace 14.1086Military Training Leave of Absence 14.11 Family Military Leave of Absence 14.12447Leave of Absence Without Pay 14.13"Occupational Injury Leave 14.14fl9Absence Without Leave 14.01- Annroval Authori A Department Director may approve requests for special leave as defined hereinafter in accordance with procedures established by the Village Manager (or designee). Unless otherwise provided in this Chapter, employees with six (6) months or less of service generally may apply for special leave without pay. Employees with more than six (6) months of service may apply for special leave with pay. Exceptions will be considered only on a case -by -case basis for employees with disabilities. 14.02 - Bereavement Leave Bereavement leave may be granted for a maximum of three (3) working days to all full-time and part-time employees and for a maximum of one (1) twenty four (24) hour shift to sworn fire personnel assigned to shift duty, in the event of a death in the employee's "immediate family." In extenuating circumstances, the Village Manager (or designee) may approve leave in case of death of others not covered by the definition of "immediate family" on a paid basis. For purposes of this policy, the phrase "immediate family" is defined at Section 2.39 above. When a death occurs in the immediate family of an employee, the individual department may send flowers, or make a contribution in lieu of flowers, in the name of the Village of Buffalo Grove. Any additional flowers or contributions from the Department or from individuals will be done on the basis of individual contributions and not from budgeted funds. 14.03 - Child Bereavement Leave If an employee is eligible for leave under the Family and Medical Leave Act ("FMLA and suffers the death of a child, in addition to the three (3) paid days of bereavement leave, the employee will be eligible to take an additional seven (7) days of unpaid bereavement time 69 Packet Pg. 483 9.F.b N C O A G1 following the death of the employee's child to: (1) attend the funeral or alternative to a funeral of a child; (2) make arrangements necessitated by the death of the child, or (3) grieve the death of a c child. Employees may be entitled to up to 6 weeks of bereavement time in the event of the death M of more than one child during a twelve-month period. Child Bereavement Leave may not be d taken in addition to unpaid leave permitted under the FMLA, and may not exceed unpaid leave time allowed under the FMLA. Employees taking unpaid leave due to the death of a child are O permitted to take any accrued paid leave concurrently, but will not be required to do so. a 14.04 - VESSA Leave 00 0 Under the Illinois Victims' Economic Security and Safety Act (VESSA), employees may take up w to a total of 12 workweeks of unpaid leave from work during any rolling 12 month period in O c order to address matters involving domestic or sexual violence as provided for under Illinois law. o CL Eligibility 0� Q Generally, to be eligible for VESSA leave, employees must either be a victim of domestic or sexual violence (as defined in the law) or a family or household member of such a victim. Leave ao may be taken for the following reasons: c N *To seek medical attention or treatment; Formatted: Justified, Tab stops: Not a w 00 *To seek psychological or other counseling m c *To obtain victim services; — d *To participate in safety planning or relocation for safety reasons; 00 *To seek legal assistance, and/or c N *To participate in a related court proceeding. M cc Leave Time d If employees need to take a leave of absence under VESSA or require a reasonable c accommodation, they should speak with their Supervisor so that the Village can discuss the o employee's request and how the Village can best schedule the employee's work. If employ a� are applying for VESSA leave for a condition that also qualifies for FMLA leave, the leave time a will also count as FMLA leave and will run concurrently with FMLA leave. If employees are j entitled to take paid or unpaid leave other than FMLA leave, they may choose to use any period 0- of that paid or unpaid leave while taking VESSA leave, but will not be required to do so. 0 VESSA leave may be taken intermittently or on a reduced work schedule. C Notice Required m Employees must provide their Supervisor with advance notice (at least 48 hours) of their m intention to take VESSA leave if they have advance notice of the need for the time off if such �a notice is not possible, employees must notify management as soon as is practicable. 70 d E t Q Packet Pg. 484 9.F.b Certification Required If employees are eligible for VESSA leave and seek to use it, they must provide their Supervisor with certification (a sworn statement) that: (a) states that the employee or their family member is a victim of domestic or sexual violence; and, (b) includes the employee's reason(s) for taking the leave. In addition to the sworn statement, employees also must provide corroborating information to support the need for their leave, such as documentation prepared by a victim services organization, attorney, c, lerg_ member, medical or other professionals who provided assistance to the victim; police or court records; or other corroborating evidence. The supporting documentation may be submitted as it becomes available. Certification must be provided within a reasonable time (generally no later than 18 days) following the request by a supervisor, manager or Human Resources representative_ In addition, while on leave, employees may be required to report periodically on their status and intention to return to work. Employment and Benefits Time off that is approved under this policy is unpaid, and the time spent on VESSA leave will not be considered or counted as "time worked" for the purposes of accruing or earning employment benefits. However, employees will be permitted to maintain health insurance coverage for the duration of the leave under the same conditions coverage would have been provided had they remained actively at work. If employees fail to return from VESSA leave, for reasons other than the continuation or recurrence of domestic or sexual violence (or other circumstances beyond your control), they are required to repay the premiums that the Village paid on their behalf while the employees were on leave. Upon employees' return from VESSA leave, they are generally entitled to restoration to their position of employment or to a substantially equivalent position with substantially equivalent employment benefits, pay, and other terms and conditions of employment. However, please understand that employees will not have any greater rights to their position than if they had been continuously working and not on VESSA Leave. If employees claim they are unable to return to work because of the continuation, recurrence or onset of domestic or sexual violence or other circumstances beyond their control, they may be required to provide certification (a sworn statement and proper documentation) that they unable to return to work because of that reason. ^Confidentiality Formatted Font: Bold Underline - All information that employees provide to the Village under the notice and certification requirements in this policy, as well as the fact that they have requested or obtained leave, will be retained by the Village in the strictest confidence, except to the extent that disclosure is requested or consented to by, you i�g, or otherwise required by law. 14.05 - School Visitation Leave An employee who works in Illinois, who has been employed by the Village for at least six' Formatted: Body Text consecutive months and works at least 20 hours per week, may take a total of eight hours of unpaid leave during any school year to attend school conferences and classroom activities of his or her children, if the conference or activity cannot be scheduled during non -working hours. No 71 N C 0 A G1 c �a d c c O d a 00 0 N 4- 0 c CL 0 Q Packet Pg. 485 9.F.b more than four hours of leave may be taken in any one day. Employees must exhaust all available paid time off and other available leave (except sick and disability leave) for school visitation before being eligible for unpaid school visitation leave. Before arranging attendance at the conference or activity, an employee must provide the Village with a written request for leave at least seven days in advance of the time it will be taken; however, in emergencies, no more than 24 hours' notice is required. Employees must consult with their supervisors to schedule the leave so as not to unduly disrupt the Village's operations. The employee will not be required to make the time up, but it can be agreed upon to do so. As a condition of being granted school visitation leave, employees must provide a verification statement (in accordance with and as defined by applicable Illinois law) from the school within two working days of the school visitation. if reauested by the Village. I 4,0,1 ..14.06 Court Leave A full-time employee subpoenaed as a witness in a civil or criminal case (where the employee is not a party), or selected to serve on a jury may be granted paid leave during his/her absence; provided, however, that he/she provides the Department Director with a certificate evidencing that he/she appeared and served as a juror or submit a copy of his subpoena if a witness and shall remit to the Village any juror or witness fees in order to receive pay for such jury service and related travel expenses. All payments provided by a court or party for jury or witness service shall be turned over to the employee's Department Director within two (2) weeks of returning from the leave. The payment shall be transmitted to the Director of Finance for deposit. An employee may not be paid for any such hours if the employee's request for time off -relates to any case in which the employee is a party. Once, the employee's testimony is complete, he/she shall return to work for the remainder of his/her work shift unless otherwise instructed by the Department Director or his/her designee. 1,4...0 ... ]11 4 07 ... Voting Leave Full-time employees who live at such distances from the Village or who work such hours as to interfere with the open polling periods for voting in federal, state, or municipal elections may receive up to two (2) hours off work with pay for the purpose of voting. Requests must be submitted to Department Director at least three (3) business days prior to the election. Where practical, leave must occur during the first two (2) hours of the employee's scheduled shift. This policy will be construed pursuant to State law. II 4,05 1.4.08 Military Leave A. Eligibility: Employees leaving the service of the Village for the express purpose of entering the active uniformed service or training of the United States armed forces or the Illinois State Militia during a national or state emergency, drafted into such service or employees subject to compulsory service who voluntarily enlist and/or as otherwise permitted by law, shall be granted a military leave of absence without pay in accordance with applicable law. The term "uniformed service" as used herein shall include the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, Illinois State Militia and all auxiliary branches of said services in which either men or women shall be called to service, but 72 Packet Pg. 486 9.F.b generally shall not include services as civilian employees of any of the services, except as provided by law. The term "national emergency" as used herein shall exist during such period as determined by the State and/or Federal government. B. Re-emplo ram: An employee returning from military leave shall be entitled to re- employment benefits in accordance with applicable law. C. Salary: An employee returning from military leave may be reemployed at the same rate of pay he/she had attained, plus any adjustments that would have occurred if employee were not on leave, if applicable, when granted a military leave. Any employee reemployed shall be eligible for a merit increase upon completion of one (1) year of service which shall include his time between his last merit increase and the date military leave was granted to him/her. D. Disposition of Vacation and Sick Leave: An employee who leaves the municipal service directly for such military leave, may elect to be paid for any accrued vacation as he/she may be entitled to if he were actually separating from the Village service. His/her decision shall be noted on the personnel action form affecting the leave. If the employee elects not to be paid for vacation leave, then accrued vacation credits shall be reinstated upon return of the employee. Accrued sick leave shall be reinstated upon return of the employee in either case. Employees may be entitled to time off, benefits, payments and re-employment rights in accordance with the then -applicable state, federal and local laws. 14.09 - Nursing Mothers in the Workplace The Village provides reasonable unpaid break time each day to an employee who needs to- Formatted: Body Text express breast milk for her infant child. This break time will, if possible, run concurrently with any break time already provided to the employee. The Village shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, for the employee to express breast milk. 1 1.4k]II 4 :10 Military Training Leave of Absence The Village complies with all applicable state, federal and local laws regarding military leave,- Formatted: Indent: Left: o" benefits and reinstatement. 14.11 - Family Military Leave of Absence The Illinois Family Military Leave Act provides for unpaid leave for the families of military personnel. To be eligible, an employee must work for the Village in Illinois, be the spouse or the parent of an individual called to military service of at least 30 days in length by the State of Illinois or the United States, have been emplo e by the Village for at least 12 months, and have been scheduled to work at least 1,250 hours during the 12-month period immediately_ preceding the commencement of leave. 73 Packet Pg. 487 9.F.b Eligible employees will be provided with up to 30 days of protected, unpaid leave. Family Military Leave may also be taken intermittently. The Village may require certification from a proper military authority to verify employees' eligibility for family military leave. Before takingfamily amil„ m�r� leave, employees must exhaust their earned paid time off such as vacation time and personal days. The Village requires as much foreseeable notice of the leave as possible and reserve the right to schedule the leave so as not to unduly disrupt the Village's operations. If employees' leaves will extend over five (5) or more consecutive work days, Village requires at least fourteen (14) days' notice of the intended leave. During a Family Military Leave, employees' health, dental and life insurance benefits will continue under the same conditions that existed prior to the leave provided that the employees continue to pay their premiums on a timely basis during their leave. Employees will be restored to the position they held when the leave commenced or to a position with equivalent terms and conditions of employment. m.117 ..1 �1 :l �W, Leave of Absence Without Pay A. Full-time employees may be granted leave of absence without pay for personal reasons when recommended by a Department Director and approved by the Village Manager (or designee) for compelling personal circumstances which are deemed reasonable by the Department Director and Village Manager (or designee). The Village Manager (or designee) shall establish the terms and conditions of such leave. B. Requests for leave of absence without pay must be submitted in writing and shall specify the reasons for the requested leave. Leave may be extended beyond that originally approved, but in no event shall the original leave and any extensions exceed twelve (12) consecutive calendar months. The only exception is as required by law to reasonably accommodate an individual with a disability or handicap. C. Requests for time off, including any extensions, must consider the possibility of part- time employment with the Village during the leave period. D. An eEmployees granted a leave of absence without pay may be able to maintainleep theirhis —medical and dental insurance :ri Al ecoverage, via COBRA, during theirhis leave by arranging to pay the premiums during the period of hiss -their leave. If a benefit is canceled, the rules and regulations of the carrier and any applicable laws shall apply when the employee returns and seeks such coverage. E. An employee's anniversary date shall change to the date of when the employee returns from leave. F. Employees requesting a leave of absence without pay must be aware that any position may be eliminated or substantially changed. Therefore, absolute assurance of reinstatement cannot be given. However, the Village will consider placing the former employee in a suitable position to be determined by the Village if a position exists for which the employee is qualified upon expiration of a scheduled and approved leave of absence. 74 Packet Pg. 488 9.F.b G. Employees returning from a leave of absence without pay generally will return at the same rate of pay held at the time the leave commenced, including any cost of living adjustments if applicable, unless substantial change in the position or placement in another position has occurred. H. Failure of an employee to report for duty within three (3) working days of the scheduled expiration of leave shall result in termination due to voluntary job abandonment. 14.041 ......'1 i 13 Occupational Iniury Leave Any employee who sustains an on the job injury or illness shall report such injury or illness, regardless of severity, to his immediate Supervisor prior to the end of their assigned work day or as soon as is practicable. The immediate Supervisor will prepare required reports of such injuries as soon as practical following notification by the injured employee (and in no event later than the end of the work shift following notification). If the immediate Supervisor is not available, employees should report their injury to the Human Resources Department. The Village will not discipline employees for reporting a workplace injury or illness. No Supervisor, Human Resources Department representative, or member of management may discourage any employee from reporting an injury or illness. Employees injured on the job are covered by the Illinois State Workers' Compensation laws. This law provides specific benefits. Presently, it is the policy of the Village to provide compensation to an employee injured on the job which, together with workers' compensation payments, equal the full salary of the employee, until the employee becomes eligible for other disability benefits, pursuant to the Illinois Public Employees' Disability Act. If this policy/benefit changes, we will notify the employees promptly. Supervisors shall be responsible for the investigation of accidents or injuries involving employees assigned to their work unit. Every effort shall be made to determine the causes of accidents or injuries and take preventive measures as appropriate. Employees who are off of work due to a work related injury are prohibited from working in any other position for any other employer. NOTE: Employees on leave under this Policy may not accept employment with any other employer unless the employee obtains prior written approval from management authorizing work during the specific leave period. �i 11�� '1�'i.'.1�1 Absence Without Leave Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action, up to and including dismissal by the Department Director. In the absence of such disciplinary action, any employee who is absent$ himsel for three (3) or more days without authorized leave shall be deemed to have voluntarily resigned. When extenuating circumstances are found to have existed (as determined by management), leave may be granted retroactively upon recommendation by the Department Director and approval by the Village Manager (or designee) in accordance with the Village's FMLA policy only. 75 Packet Pg. 489 9.F.b BUFFALO GROVE PERSONNEL n1ANUAL CHAPTER 15.00 INSURANCE AND RETIREMENT PLANS Chapter 15.00 -Health and Life Insurance and Retirement Plans Formatted Font: Times New Roman Sections: 15.01 Health and Life Insurance 15.02Retirement Plans 15.03Continuation of Benefits (COBRA) 15.04Continuation of Benefits Upon Retirement 15.01- Health and Life Insurance A Standard Measurement Period (SMP) of January 1 through December 31 of each year is established by the Village as the look back period used to determine whether an employee has worked an average of at least 30 hours per week. If an employee averaged at least thirty (30) hours of work per week during the preceding SMP, that employee is considered full-time (for purposes of health insurance eligibility only) for the duration of the Village's Stability Period defined as January 1 through December 31. If an employee averaged less than thirty (30) hours of work per week during the preceding SMP, the employee is considered part-time for the duration of that same Stability Period. If an employee's hours change such that his or her status changes from full -rime to part-time or from part-time to full-time during the Village Stability Period, no changes will occur in insurance designation in either case. For example, an employee is determined to be full-time during the SMP and elects to enroll in the Village's insurance. If his or her hours drop substantially and he or she essentially becomes part-time again, he or she will remain classified as a full-time employee for the purpose of healthcare reform and may remain enrolled in insurance until the stability period has ended. After such time, he or she may be eligible for COBRA. The Village has established an Administrative Period from November 1 through December 31 of each year during which time an employee who is deemed to have worked an average of at least thirty (30) hours per week during the preceding SMP may decide whether or not to enroll in the Village's insurance. This will provide time for the Village to administer the enrollment of such employees. Eligible Full-time employees will be enrolled in the Village's group life, dental, and medical insurance program in accordance with the terms and details of the then -applicable plan documents. Eligible dependents (including individuals in a Ecivil 44union recognized by Illinois law) will be enrolled in the Village's medical and dental insurance program. Like all Village benefit programs, the terms and details and eligibility requirements of our insurance programs are under periodic review and may be changed for business or financial needs. Employees are encouraged to contact the Human Resources Department and/or to review the plan documents if there are questions about the benefits or eligibility requirements. In the event of a conflict between a summary in this Handbook and the plan documents, the plan documents that are then applicable will govern. 76 N C O An 0 7 �a d c c O rn L d a 0 0 N 4- 0 c O CL O Q oM ao 0 N W .r Packet Pg. 490 9.F.b 15.02 - Retirement Plans Full-time employees, part-time employees and seasonal/temporary employees who meet established eligibility criteria, will be enrolled as a participating member of an appropriate Village retirement plan when eligible in accordance with the remaining terms of the then applicable retirement plan. Consult the plan documents for further details. 15.03 - Continuation of Benefits (COBRA) A. Under the provisions of The Consolidated Omnibus Reconciliation Act of 1986, as amended ("COBRA"), employees and/or their eligible dependents may elect to continue their group health insurance coverage if they meet applicable eligibility requirements. B. The employee or dependent is responsible for notifying the Village that one of the qualifying events has occurred and the employee or dependent may be responsible for paying up to one hundred two percent (102%) of the premium as provided by law. C. Generally, coverage may be continued for up to eighteen (18) months. The employee and dependent(s) have up to sixty (60) days from the date that coverage would end, due to the occurrence of one of the qualifying events mentioned above, to inform the Village that they wish to continue any of the group health benefits. D. Continuation coverage may extend from eighteen (18) months to twenty nine (29) months for an individual who is disabled (as defined by the Social Security Administration) at the time of termination or based upon a reduction of hours, provided that individual has given notice of the disability within sixty (60) days of the Social Security determination and requested the extended continuation period before the end of the first eighteen (18) months. E. COBRA also provides that continuation coverage will end for any of the following: 1. The cost of continued coverage is not paid on or before the date it is due; or 2. The covered person becomes eligible for Medicare; or 3. The covered person becomes covered under another health care plan; or 4. The plan terminates for all employees. Note: This section will be construed in accordance with the applicable law. 15.04 - Continuation of Benefits Upon Retirement Under the terms and conditions of the Illinois Pension Code, eligible retired employees and their qualified dependents may continue to participate beyond the time limit as provided under COBRA, at their own expense, in the Village's health insurance program. Eligible dependents may maintain coverage if they continue to be eligible at the time the retiree becomes eligible for Medicare coverage. 77 Packet Pg. 491 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 16.00 SEPARATION AND DISCIPLINARY ACTIONS Chanter 16.00 - SeDaration and Discinlinary Actions Sections: 16.01 - Resignations 16.02 - Termination 16.03 - Return of Village Property 16.04 - Standards of Conduct 16.05 - Disciplinary Actions 16.06 - Reduction in Force - Layoff 16.07 - Retirement 16.08 - Exit Interviews 16.01- Resignations AftyeEmployees may resign from the municipal service, for any reason, by presenting theirhis resignation in writing as contained herein. Department and Division Directors should present notice of resignation no less than four (4) weeks prior to its effective date. All other employees should -present such notice of resignation no less than two (2) weeks prior to its effective date. Resignations shall be promptly forwarded to the Village Manager (or designee). A resignation once submitted is considered it -revocable and as such may only be withdrawn by the employee with the approval of the Village Manager (or designee) and Department Director due to extraordinary circumstances. if triggered by any other provision of this Manual, a resignation is effective upon the event which caused the resignation even in the absence of written notice from the employee. The Village reserves the right to escalate the effective date of a resignation in appropriate cases. 16.02 - Termination Employees may be discharged at any time and for any reason, including for "cause" such as: due to unsatisfactory performance, violation of Village rules and regulations, inability to perform the essential functions of their position with or without a reasonable acconunodation, lack of funds, curtailment of work, or any other reason deemed sufficient by the Village. Unless provided otherwise in a written collective bargaining agreement between the Village and the covered employee, all employees are employed without a specific term or duration and both the Village and the employee may end their relationship at any time and.for any reason. 16.03 - Return of Village Pronert Employees separating from the municipal service for any reason shall, prior to separation, return all Village owned or leased property and equipment in his/her possession and repay any outstanding debts owed to the Village (e.g. computer, tuition reimbursement, loan, etc.). 16.04 - Standards of Conduct it shall be the duty of all employees to maintain high standards of conduct, cooperation, efficiency, and economy in their work for the Village. Department Directors and Supervisors 78 Packet Pg. 492 9.F.b shall attempt to organize and direct the work of their units in a manner calculated to achieve these objectives. Whenever conduct of an employee falls below a desirable standard, Supervisors may point out, via oral and/or written reporting, the deficiencies at the time they are observed. Corrections and suggestions should be made in a constructive and helpful manner in an effort to elicit the cooperation of the employee. In certain circumstances and for particular employees, such as in the presence of co-workers or the public, it -may not be appropriate to point out the deficiencies when they are observed.— Any action or omission which could or does reflect discredit upon the municipal service or is a direct or indirect hindrance to the operations of the Village government shall be cause for disciplinary action, up to and including dismissal for even the first offense (if deemed appropriate). Circumstances constituting reasons for disciplinary action include but are not limited to the following. This list is not all inclusive and discipline may not be appropriate in all cases: A. Failure to follow any federal, state, or Village law, rule or regulation while on duty or while in or on Village property, or engaging in unlawful activity while on duty or while in or on Village property. B. Theft, participating in a theft or attempted theft of Village property or property of any employee, resident, or visitor to the Village. 6,The on duty use or illegal handling/possessing of alcoholic beverages or controlled substances, as previously defined in this Manual or any other violation of any applicable drug or alcohol policy. l � 1), Conviction of a crime involving on or off duty misconduct impaet the Village Of its fePtitatioii Of pfopefty, of infamous of disgmeeful for which records have not been expunged or sealed (the Village will consider the nature of the offense, date of the offense, and employees'job duties). Offensive, inappropriate or negative attitude, conduct or language directed toward the public (and/or in their presence). F. Dishonesty, lying, embezzlement, falsifin, •ng any Village records (including employment application materials, no matter when it is discovered), falsely reporting any act or transaction or attempting to defraud the Village or a resident by any means, mehiding making false or fraudulent statements regarding sick pay, leave, overtime, workers' compensation or insurance claims, falsifying financial records, falsifying or padding time records, or falsifying or padding expense reports. G. Willful or reckless damage of Village property or property of others. H. Fighting with, threatening or assaulting Supeivisory personnel or any other employee, resident, or visitor to the Village. 1. Engaging in horseplay. 79 Packet Pg. 493 9.F.b J. Failing or refusing to cooperate with the Village, such as in an investigation of a violation of the Village's policies, an incidence of violence, or other conduct harmful to the Village, its employees, business or its property, or the concealment of or failure to report the occurrence of any violation of any Village rules. K. Signingor r swiping in or out for another employee or letting someone else sign or swipe in or out for you. . N . Incompetence, negligence, inefficiency, failure or inability (with or without a reasonable accommodation if disabled) to perform the essential job duties required of the employee's position or class. Damage or negligence in the care and handling of Village property. N. Violation of any lawful official regulation, departmental rule or a superior's directive amounting to an act of failure to follow directive, failure to perform, insubordination, including where such an act or inaction could or does result in loss or injury to the Village, the Village's property or to the public. FJ a. Failure to do work assigned. P. Repeated absenteeism or tardiness. 4. Extending breaks or meal periods without authorization and/or not taking breaks or meal periods at scheduled times. R. Leaving jjob during working hours without permission. ;.;4e44. ,'a Violation of any of the provisions of the personnel rules, Village ordinances or any applicable administrative regulation of the Village (including revisions thereto). II' Inducing, encouraging or attempting to induce any officer or employee in the municipal service to commit an illegal act, to act in violation of any lawful departmental or official regulation or order, or to participate therein. J L) Solicitation, request, receipt or participation in any fee, gift, or other valuable thing that is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons. h ". Use or attempted use of political influence or bribery to secure advantage in an examination, transfer, evaluation and/or promotion. ON, Failure to pay just debts due or owing, including taxes, licenses, or fines due the Village, or failure to make reasonable provision for the future payment of such debts, thefebto the ffitinieipal sef�viee.. 80 Packet Pg. 494 9.F.b dal Absence from duty, including emergency or after hours work when the employee is "on call", without approval and in accordance with the leave provisions of this Manual, including "leave earlies" and tardiness (except as provided by an approved FMLA leave). i I. Excessive or unreasonable use of Village telephones, network resources, electronic devices or other equipment for the conduct of personal business during working hours, or for unauthorized long distance calls. Claiming sick leave under false pretenses or otherwise misrepresenting reason for time off or use of other benefits. q' 1, Failure to maintain a satisfactory attendance record, except in accordance with the FMLA (or agreed upon accommodation provision for disabled individuals). III«II'i., Unwelcome sexual advances, requests for sexual favors, any verbal or physical conduct of a sexual nature or where such behavior interferes with the work performance or environment of employees, Village officials or the public, and/or any other violation of the Village's published anti -harassment policy. CC. Violation of the Village's EEO Policy. DD. Violation of the Village's Anti -Violence Polio Formatted Highlight EE. Violation of the Village's Social Networking Policy. . II "(; Falsification, including misrepresentation (or omission) of Village Records, no matter when discovered. GG. Unauthorized sleeping on the job, including excessive or extended period(s) of closed eyes on working time. Formatted: Body Text HH. Violation of departmental rules and regulations, standard operating procedures, general orders, and/or departmental directives. Il. Unauthorized possession, use or copying of any records that are the property of the Village. JJ. Repeated or chronic violation of the Village's policies or guidelines. FF,'r-_attd:eHeading 5, Indent: Left: 0" KK. Any other conduct deemed directly or indirectly harmful to t-ke-Village, its ,® Formatted: Heading 5, Indent: Left: iees; residents. line: o 81 Packet Pg. 495 9.F.b 16.05 - Discinlinary Actions It shall be the responsibility of the employee's Supervisor and/or the Department Director, as applicable, to document and record any and all violations of the Standards of Conduct by any employee. Documentation of infractions shall be retained in the employee's personnel file and under the jurisdiction of the Human Resources Director. Disciplinary action may involve any of the following. This list is not all-inclusive and steps may be skipped within the discretion of management and/or language within a collective bargaining agreement, if applicable, based on the circumstances involved: A. Oral Reprimand: A verbal warning to the employee that if his/her actions continue, a written reprimand will be transmitted to the employee and Department Director. The oral reprimand will be documented for reference. B. Written Reprimand: A written reprimand shall be transmitted through the appropriate Department Director or his/her designee to the employee and/or the Village Manager (or designee) and shall summarize the specific actions leading to the reprimand. C. Suspension: Suspension is the temporary removal from duty status either with or without pay of an employee for cause. Suspension may be imposed by the Department Director or his/her designee. The Department Director and/or Division Director shall notify the Village Manager (or designee) and Director of Human Resources prior to the imposition of any suspension when practical. 1. An employee may be suspended for an indefinite period when the Department Director determines such action is appropriate and/or in the best interests of the Village in cases where an employee is charged and awaiting trial for a criminal offense involving matters prima facie prejudicial to the reputation of the Village. Such action will not be based on arrest record alone. 2. When an employee has acted or is alleged to have acted in a manner which would appear to be reason for dismissal, the employee may be suspended for a period generally not in excess of one (1) month while such charges are investigated. 3. Whenever an employee is suspended pending internal or external investigative outcomes and is subsequently exonerated, the employee may be reinstated without loss of pay or benefits as determined by the Village. 4. Subject to the provisions of the Fair Labor Standards Act, an employee may be suspended for a period not to exceed one hundred eighty (180) calendar days for specific reason with Village Manager (or designee) approval. D. Demotion: An employee may be moved to a position in a class with a lower maximum salary rate for unsatisfactory performance or misconduct. Demotion shall be recommended by the Department Director and approved by the Village Manager (or designee) and Director of Human Resources. 82 Packet Pg. 496 9.F.b E. Dismissal: Dismissal may be recommended by the Department Director and normally subject to approval by the Village Manager (or designee) and the Director of Human Resources. Dismissals shall be carried out by the Department Director and Director of Human Resources and/or his/her/their authorized designee(s). F. Sworn fire department personnel are governed by the State of Illinois Fireman's Disciplinary Act. 16.06 - Reduction in Force - Lavoff A Department Director may separate any employee without prejudice and without prior notice because of legitimate business reasons including (without limitation) lack of funds or curtailment of work. However, no regular employee shall be laid off from any department while there are probationary, part-time, or temporary employees serving in the same or related classes of positions in that department unless there is a business need to do so. An appointing authority may, with the approval of the Village Manager (or designee), appoint an employee who is to be laid off to any existing vacancy in a lower class for which he is qualified, assuming there is such a need. All other factors being equal, the Village shall generally lay-off employees in reverse order of their total service with the Village. The Village reserves the right to deviate from this custom when practical, economic or organizational factors prohibit such action. 16.07 - Retirement All eligible regular employees may apply for retirement benefits at age and length of service requirements specified by the retirement plan in which they are enrolled. Applicants for retirement shall follow the procedure as set forth in Section 16.01 and must also contact the payroll department to complete appropriate retirement plan procedures. The terms and eligibility requirements set forth in the plan documents and any applicable law(s) will govern. 16.08 - Exit Interviews Exit interviews may be conducted by the Village Manager (or designee), Department Director and/or Director of Human Resources. A report of the exit interview shall be placed in the employee's personnel file and normally will be reviewed with the Department Director. The employee's final paycheck, including the payment of accrued vacation time and other applicable leave time, will generally be processed for payment with the next available payroll cycle. 83 Packet Pg. 497 9.F.b BUFFALO GROVE PERSONNEL n1ANUAL CHAPTER 17.00 EMPLOYEE SAFETY AND DEVELOPMENT Chapter 17.00 - Employee Safety and Development Sections: 17.01 General 17.020n the job Safety 17.03Training and Development 17.04Uniform Clothing Provisions 17.05Attitude and Appearance 17.06Service Recognition 17.01- General The Village Manager (or designee) in cooperation with Department and Division Directors along with the Village's Executive Safety Committee shall be responsible for the development and administration of programs relating to employee safety and development. This shall include providing for the general health and safety of Village employees as well as other matters concerning employee relations. 17.02 - On the Job Safety A. The Village Manager (or designee) shall make reasonable efforts to promote among employees and in the departments maximum standards for on the job safety. All employees shall be responsible for performing work assignments in the safest manner possible. Prime consideration shall always be given to safety in all work situations. The Village may require an employee to undergo a medical examination by a doctor of the Village's choosing and at the Village's expense when the employee's Department Director reasonably believes, based on objective evidence, that the employee is unable to perform his/her essential job functions or the employee will pose a direct risk to him/herself or others. B. Supervisors, Division Directors, and Department Directors (or their designees) shall: 1. Be responsible for the establishment and implementation of appropriate safety standards within their respective activity areas, for periodically reviewing accident frequencies to determine and correct causes, and for identifying and correcting safety hazards. 2. Ensure that all new employees, including temporary/seasonal, and/or part-time employees are thoroughly advised, instructed, and supervised in necessary safety policies, practices, and procedures. 3. Implement and actively support the Village's safety program. 4. Arrange and conduct safety meetings, inspections, and training sessions. 84 Packet Pg. 498 9.F.b 5. Provide and/or require equipment necessary to adequately protect the health and safety of employees. 6. Promptly investigate accidents, and prepare all necessary forms for documentation and future suggestions for prevention of on the job injuries and hazardous conditions. C. All employees shall: Be thoroughly familiar with safety requirements and practices applicable to their respective work assignments. 2. Actively observe safety practices, and report unsafe or potentially dangerous conditions, work practices and accidents or injuries to their Supervisor immediately. 3. Refrain from engaging in horseplay, wrestling, hazing of co-workers, and any other unsafe practice under penalty of disciplinary action up to and including dismissal. 4. Require all employees under their supervision to comply with all applicable safety rules and practices. 5. Use reasonable precautions in the performance of their duties and act in such a manner as to assure maximum safety to themselves, their fellow employees and the public. 6. Never remove or make ineffective any safeguard, safety device or safety appliance except for the purpose of replacement, repair or adjustment. 7. Keep their work areas clean, orderly and, to the extent possible, free from all recognized safety hazards. S. Work in appropriate clothing, including footwear, suitable for the type of work being performed and shall wear or use appropriate safety devices or personal protective equipment as provided, or directed. 9. Wear properly fastened seat belts when driving or riding as a passenger in a Village owned vehicle, or in a personal vehicle while on Village business. 10. Comply with all applicable Local, State and Federal traffic laws when operating a Village vehicle or personal vehicle while on Village business. D. Alcohol and Drug Policy for Commercial Driver's License Employees The Village-, shall maintain policies and procedures for testing Commercial Driver's License (CDL) holders for the misuse of alcohol and controlled substances, as required by the then - applicable laws. The purpose of these policies and procedures is to prevent accidents and 85 Packet Pg. 499 9.F.b injuries. Copies of the Village of Buffalo Grove Alcohol and Drug Testing Policy for Commercial Driver's License Employees will be made available to CDL holders. E. Child Protection Management It is the policy of the Village of Buffalo Grove to actively promote child abuse awareness and sexual misconduct awareness and to implement procedures to provide the highest level of protection to all minors. The Village is committed to preventing child abuse and sexual misconduct to minors while in Village sponsored programs or activities. This policy applies to all employees, public officials, volunteers, and agents of the Village who have any type of regular contact with minors on behalf of the Village. The Village will not tolerate child abuse and sexual misconduct to minors of any kind in Village sponsored programs or activities. All complaints of child abuse and sexual misconduct to minors while in Village sponsored programs or activities are serious and roust immediately be reported to the Village Manager (or designee) and the Buffalo Grove Police Department. Additionally, mandated reporters must immediately make a report of a suspected child abuse or sexual misconduct to DCFS by telephoning the statewide DCFS Child Abuse Hotline at 1-800-25-ABUSEabttse. 17.03 - Training and Development A. The Village shall promote the training of its employees so that services rendered to the Village may be more effectively delivered. Training may be at time of recruitment, in- service, specialized, professional or academic. Training shall be determined by the Department Director or their designee. No reimbursement for training shall be made without such approval. B. Expenses for recruit, in-service, specialized and professional training including tuition, registration, fees, supplies, and materials may be reimbursed by the Village. Travel and related expenses may be reimbursed or advanced as noted within these Personnel Rules. Employees pursuing academic instruction will be eligible for reimbursement of tuition and fees only upon completion of course work and according to grade, as provided in these Personnel Rules and detailed below. Training shall be supported by an approved Travel and Training Expense Report, including academic training. As with travel related expenses, all receipts as well as final grades must be submitted in order to qualify for reimbursement. C. The following types of training are offered employees: Recruit Training: Formal training programs which must be completed during the probationary period following original appointment as a prerequisite to continued employment. In Service Training: Training conducted during working hours on an individual or group basis to improve skill performance, introduce new techniques, and/or keep abreast of developments in the employee's field. 86 Packet Pg. 500 9.F.b 3. Specialized Training: Attendance of vocational, technical, or professional training programs directly related to municipal service functions. 4. Academic Instruction: Completion, by correspondence or classroom attendance, of course work provided by accredited educational institutions where such instruction will benefit the municipal service. [CONSULT HUMAN RESOURCES TO SEE IF BUDGET ALLOWS DISBURSEMENT FOR THIS PURPOSE] D. With departmental approval, all expenses for recruit, in service, and specialized training including tuition, fees, supplies, and books will be reimbursed by the Village. Travel, lodging, and other related costs will be reimbursed as provided in Chapter 18.00. All reimbursements shall be subject to the availability of budgeted funds designated for such purposes. E. ll➢q sn➢b�° . gn➢➢ ucua uGrau rc^tuasru ucec➢auc,�, ane ieceived, flit -do- Ilaum_ aarnhx-uu_ui Sri➢' the ucq uests �°xaa_c�fl,__allaa__6tnu�al____nv_uMu➢�nll�lla�__Attu_ta_tutnQtana�a_tut�u�a�_ui�ululmui➢l��oiu>Ir"^��grlauit�__tl,➢I➢I �Im�__urmtic��t__au�iiru'_mw lrit(tlttmm_!itutoNil/)iro-tratcd IIhasi not too _txa_tea➢__$5,��i�__aAtiituNjLly_ �<➢<fludum afl , costs ___wifli 9G�t__:l_rauua_➢u_uta__tau__q_an n;a � tuagait➢ies- Q�aaur➢ta_ __n asl__uuu �qa_ ugaj _ A,ffl uncna__be, to �rra�bunt_ataj__4 .u'aaaala kno-avnnr➢nai➢quo anal vtlm84u1uaaao-eaataHarawnui, employees pursuing approved academic instruction are eligible for reimbursement of tuition and fees only upon completion of course work and according to the following schedule. ,Grade ,reimbursement A or B .100% C .50% D or less0% Under no circumstances shall an employee's tuition reimbursement amount exceed the tuition rate as established by Northern Illinois University, for like course work. When requests for training and reimbursement exceed funds specifically budgeted for that purpose, partial reimbursement of expenses may be made to employees in order to extend training opportunities to as many employees as possible. 17.04 - Uniform - Clothing Provisions The Village will provide for the required uniform and special clothing needs of its employees, as determined by the Village. These needs may be met by the purchase or lease of the appropriate uniforms and clothing, at the discretion of the Village and subject to applicable departmental policies. The employee will be responsible for proper care and use of clothing and uniforms and the laundering of same, if appropriate. Each department will develop a replacement schedule based upon normal wear and usage. Employee Identification Card Policy All Village of Buffalo Grove employees will be issued an official Village identification card. This card will include a photograph of the individual with their name and title. The 87 Formatted: Underline Formatted: Underline Packet Pg. 501 9.F.b identification card is to be carried or worn at all times while the employee is on duty (subject to department specific exclusions) and will be displayed upon request. An employee is not required to display an identification card when such an action would jeopardize the employee's safety, however, the employee will comply with the request as soon as practical if and when it is safe to do so. In lieu of wearing their Village issued identification card, uniformed employees must wear their department issued identification, such as badge and nameplate, on their outer most garment at all times. Non -uniformed employees must wear their identification card in a visible manner while on the Village campus, while visiting any Village building and while conducting Village business no matter the location including, commercial or residential locations within the Village. Any employee who has been issued an identification card must immediately report its loss as soon as the loss is recognized. Access to secure areas of the Village will only be granted to authorized persons, unauthorized persons should be prevented from entry into the secure areas within the Village. Visitors, members of the press, consultants, and technicians will follow the protocols established by each department. Employees observing individuals without a visitor pass or proper identification are responsible for ascertaining the nature of the individual's business and ensuring visitor passes are obtained, if necessary. Any employee who has been issued an identification card must return it upon separation from the Village of Buffalo Grove. 17.05 - Attitude and Appearance A friendly and courteous attitude by Village employees toward the public A-4qa OR w ke is required at all times. Similarly, employees are expected to deliver prompt, thorough, and efficient service to the public to the best of their ability. All employees are required to maintain a neat and clean personal appearance including clothing, personal hygiene; and grooming appropriate for the position held and in conformance with the established dress code of their individual department. If an employee reports to work in an unkempt or disheveled appearance or uniform, he/she may be sent home without pay and/or otherwise subject to appropriate disciplinary action. 17.06 - Service Recognition Employees who uniquely distinguish themselves through performance or innovation will be honored and recognized by the Village. Upon recommendation of a Department Director and approval of the Village Manager (or designee), such recognition may consist of a plaque, Certificate of Appreciation, or Resolution presented to the employee by the Corporate Authorities. Length of service shall be recognized in the following manner: 5 years of service = Pin 10 years of service = Glassware Set or comparable gift. 88 Packet Pg. 502 9.F.b 15 years of service = Pen Set or comparable gift. 20 years of service = "Choose -Your -Gift" or department selected gift valued at $150.00. 25 years of service — "Choose -Your -Gift" or department selected gift valued at $200.00. 30 years of service = "Choose -Your -Gift" or department selected gift valued at $250.00. 35 years of service = "Choose -Your -Gift" or department selected gift valued at $500.00. 40 years of service = "Choose -Your -Gift" or department selected gift valued at $1,000.00. Full-time and part-time employees shall be included in the service award program. Temporary/seasonal employees are not eligible for a service award under the terms of this program. Presentation of gifts shall be made on the employee's anniversary date. Employees who retire from full-time employment with the Village and subsequently become part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy. 89 Packet Pg. 503 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 17.00 EMPLOYEE SAFETY AND DEVELOPMENT Chapter 18.00 - Travel Expenses Sections: 18.01 Policy 18.02Travel Advances 18.03Reimbursable Expenses 18.04Per Diem Allowance 18.05Non Reimbursable Expenses 18.06Use of Village Vehicles 18.07Use of Personal Vehicles 18.08Vacation Combined with Official Travel 18.09Travel Reimbursement or Repayment of Advance to Village 18.01- Policy The Village of Buffalo Grove shall provide to employees reimbursement for reasonable and necessary travel and related expenses while carrying out official duties, or attending approved professional conferences and training courses. Employees will be expected to exercise good judgment and proper regard for economy when incurring travel and training expenses. The policy is intended to apply -to all travel and training situations. .Employees and Supervisors are responsible to identify training and professional development opportunities within the nearest proximity to the Village. Out-of-state travel requests must be recommended to and approved by the Village Manager (or designee) in accordance with promulgated rules. ;1 S 112_.w-'1'rav� i.,a�al�a�a<r�w�:gs --------------------------------------- A trave-&idv aalee tua- °a a�IDlk3' 4°a; l aolapreav4°G�l �a flue° 1t4"� sku�u u�'V�d � VV6'�;�tbV" &&9liS� —� Formatted Strikethrough ._ ._._._. ._._._ ._._._. Vallaalda°;,ll�ara«�aldea�a�u ada°�,ma�tirr��t)�- ll��,alau�>��G� n�u�iG�1:,1�a° aAanik�mi��;4fl uw�-�h�° 6�a�m�uru �m6��o s��pbiriF°abm��b da��ma�,e t; a d;1 C �la� pviral ll°rrdm yell e nd ll°u oiimo-uiri� 1, pe � a l etaa�� a um�l.- ii iam dod vben approv-ed to the >a°a;6aauarca�-l'aar aa��e. aaG �laaa-.a;aaaaa;laoad�aara rri"d!iiu�, dr�avoV�2aaalaalarf �aa°kaana�ar 11"aaa~-a�xaaVraraadda�l wady.-_raa.�ll�aVr,-��,� oai-ap=adrara-dr,u-Mlr�,r-d,IGaa, o°Ba.u-u=ar-a�-u=-an�1-w�-asa-o-�.,�°-4-aaaarl�-rrr-dkr uc,elaaa�aad 4aro--P,n-aa-°a=�,xlra=aru�a� ra=-uru=an=riaaa-r+>n-na;aaa4o: f,lW.l .. n'2.11 W, ...:11a�lr�ai&'ruraaaNlE" "lll m�a.voll Expenses a ahe'raflua,w2us; o the.r!d2fl ��_taa__tthflt"t_',�__ _ �n_t �1.1bt i��1_ _.The following expenses for approved travel may be reimbursed according to established allowances or actual cost and subject to proof that the expenses were actually incurred: A. 1 IK- Vifl agw ol'➢ a. ff alar-�_laove wull else l ol,a.am laam42yualQ ga 9 aaa aaQ zad-v aaaa°d .. B- -_ .l kaa aal'1_ua° Vu�ll�n,c lraaaa°2 u�c s.°axn�2l lea aaaa',l:u2iaaaal ladn �al� da'alv,a,l aaxpaa,° bw,a°�N, aamd a�uw� s.�u a,°_d �a a aara d ao�... ma a2uaama_all aaaa9 a2�_fa2r1 Orl Q a .122_du 2a _r�_H n a (Nlb_a_a_raN_1a a_2_uQ2d y__yllu�r_a;dd _IbC l`, 12_t Md �audaa2_lroa_d 1 90 Packet Pg. 504 Cl will be relynbuirsed as -nusement, ls llnjted to -------------------------------------------------- -------------------------------- che,apprOpriale r(ficvrii ratc, $'50 1 �, Wmcal and -a mly x )enses uicturrcd l) i c -- - --- ------- pe - ------------ - (� --- p c-, -d i y) ----- - ------ -- gn-c— -c--I -- --- --- y e o � e - ie--r-m---i -n-ed- _l-- -I -w--,_Vi-l-l-a-ge aggr-(ord�, Jgneuj.nlpr--e-eabede- - ------ ---- - - - -------------- --- ---- 1), -The Vllw,e wi-1 nol re murse t-he - 17,� -------- 11le-vi I la,c wi I l only pa -l'ormcal-exInnses fii 11he event of ovurnipjhl I,ravcl. - - - - --- q --------------- --_y ---- ---- - --- ----------------------------------- ------------ F', Vfllags, -wiH-not-payfor mcals lf a, nwal by h event, unless (fictary ----------------------- - ----- ---- --------------------------- -- - ------ -- --L-c — ---- - - - rest irkfigns gannot be m I lb �-I -g,nangni_,mugumgpuuuurautw7Cnm A ---------- M+Ffl: 1.40------- lderwl,tfied-a,,.�-pad, offlie d (wumea ita i-lon - subm ill HI- par flie -VI hage- M anagei-or- deslf,.rjnee)-w, R w -rot ainiilg- s u c h - on, - - h w- a(R V i li o u w, - li-an spwu ti (-)n- costs- i F "I ---------- P, ---------- (4, ------- Per -Diem -allowance.. 18AW—Ter Dieni-AIlowunc-e A —Per —Diem- all owenue-lea ui.rVeF +rfeal s� -con f6i-tffl CV/Sk, HI i 111' HF -SlXinsor-ed- i neal -banquel:,,- or-sok-,,,rump events; -mid- tips- wj ll- be-pawided-arm -iwhval- cc),A- less� Pei-, —1--Aeffl—tw kmt-- Peliff r4tvm-4-4)u--ev4Oj, e. employou, --- Fhe-per A---------- 91 0 A 0 a. 00 T- CD 04 4- 0 a 0 CL 0 I Packet Pg. 505 1 9.F.b B----------- I'Favo[ 4iis iiug--0ifa T 1OW or- ]-00- won-1 lZ? L)ay-.Pe Duem t,u �1`rsav4,q iru�iw�uug�II��un �u vaawi�im°gap, -0::QiOS�w�a�u�.wl../ q�w� a ll;�;r8bu�o-r g:�.`q"rwrve1 gnrw�wrruing� aa� In�rana� ��w�ru-0� :ud4�u� g2:di0 1"~��n_ll;:angq IC�A�y-l"�°r 8�uem� :1=q�s��-i-i-�i-1��g,;_tr�n�-el-�;�1�a�iNs�a��,,_��➢-a��rgil-��t-lad,-u-u�u-a=nq��w-^w��¢i-��u=-w�ai�Mx�g,�ai-Q-�n4; �d a n-�rN-1_-i�-��M q�a��i�-�-gi�tl= A ______ W, ,- w a flip kiyee-, 11.-Personrwa�ll w x—pendidau�� a �.-. �ua��,� o-n�� sugot; er i ;e., no--�a�� wn ��t��w ��/��q�l� ��, q a� � �a�r�n q Wg (ruistoruaare-q'allaa7rae-a:'n,114-, u�n1!, nr-0envrh(dicq=re a r,ap �r, n�na.,q�aaar 4 ub�ruuurnre, at a�an. uncle in nq-)Sr 118 706 18.1103 3 Use of Village Vehicles Village provided vehicles may be used to travel to destinations up to two hundred (200) miles (one-way) from Buffalo Grove, if approved by the Department Director or Village Manager (or designee). Pre -planned trips beyond two hundred (200) miles are to be approved by the Village Manager (or designee) prior to use. Gasoline purchases are reimbursable when accompanied by a valid receipt. Employee's receiving an automobile allowance from the Village may not use a Village owned vehicle. Exceptions to this policy may be made only by the Village Manager (or designee). 10ngg g �if13 Use of Personal Vehicles An employee who uses his/her personal vehicle for any approved business purpose must at all times possess both a valid driver's license and valid automobile insurance. Employees using their personal vehicles for approved Village business may submit for mileage reimbursement pursuant to then applicable Internal Revenue Service guidelines. 0 gW1�P ..'1g g':W Vacation Combined with Official Travel Employees wishing to combine a vacation by private vehicle with a business or convention trip, must have their Department Director's written approval. The employee shall be reimbursed for travel to and from the destination as provided by Section 18.03(C). gh gWat ..:glg.lgta Travel Reimbursement or Repayment of Advance to Village A Travel and Training Expense Estimate Report must be completed not less than— ten (10) working days before a scheduled trip. All Travel and Training Expenses Reports must document the estimated and actual expenses incurred and must be approved by the Department Director and Village Manager (or designee) before processing for payment will be authorized. All Travel and Training Expense Reports submitted, whether to return any unused advance or to request reimbursement must include all receipts. Failure to include receipts may disqualify a reimbursement requested. Any inaccurate reporting of expenses is grounds for disciplinary action, up to and including dismissal. 92 Packet Pg. 506 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 19.00 RECORDS AND REPORTS Chanter 19.00 - Records and Reports Sections: 19.0 1 Personnel Records 19.02Service Register 19.03Reports 19.04Confidentiality 19.01- Personnel Records The Director of Human Resources in conjunction with the Department of Finance and General Services is hereby designated as the central repository for all non -confidential personnel files and records of the Village. Access will be in accordance with applicable laws. 19.02 - Service Register The Village Manager (or designee) shall cause to be maintained a service register of all employees in the municipal service identifying for each the class title, departmental assignment, salary rate, dates of employment, employment history and such other data as the Village Manager or designee)he deems appropriate. 19.03 - Reports Every appointment, transfer, promotion, demotion, termination, sick leave, vacation leave, and other temporary or permanent changes in the status of employees in the municipal service shall be reported in writing. The Village Manager (or designee) is authorized to prescribe the time, manner, form, and method of making any written report as may be stipulated in any of these rules. 19.04 - Confidentialit Personnel records shall be confidential to the extent provided by law. An employee shall be allowed to review his/her personnel file up to two (2) times during each calendar year during business hours or more frequently if approved by his Department Director. Personnel records shall not be released to a third party unless authorized by the employee or as otherwise required or permitted by law. Medical records shall be confidential and stored in a file separate from an employee's personnel record file (with disclosure on a need to know basis only). Copies of such documents will be made available to the employee upon advance written request at the employee's expense. 93 Packet Pg. 507 9.F.b BUFFALO GROVE PERSONNEL nL1NUAL CHAPTER 20.00 PROHIBITIONS & PENALTIES Chapter 20.00 - Prohibitions and Penalties Sections: 20.0 1 Participation in Political Activities 20.02Discrimination 20.03No Smoking 20.043Employrnent of Relatives 20.054Release of Information 20.063Media Relations 20.076Gifts and Gratuities 20.08-7Anti-Workplace Violence/Bullying = Policy 20,09 - Solicitation, Distribution and Use of Bulletin Boards 20.01- Participation in Political Activities Except as expressly permitted by the Illinois Local Governmental Employees Political Rights Act, employees are prohibited from bringing their political affiliations to bear on their official duties. Specifically, the following political activities of employees are prohibited with respect to participation in federal, state, or municipal elections. A. Campaigning, fund raising, or other partisan political activities on Village premises while in the performance of duties and responsibilities as an employee of the Village. B. Use of official working time or unauthorized use of Village resources for political activity. C. Promising any employment, position, work, compensation, or other benefits as consideration, favor or reward for political activity. D. Performing political activities at the direction of a Supervisor, Department Director, or other Village official. E. Using status or position as a Village employee in an endorsement or solicitation of votes in an election. 20.02 - Discrimination No persons in the municipal service, or seeking admission thereto, shall be appointed, employed, promoted, demoted, removed, or advanced on any basis or for any reason other than qualification and merit or lack thereof. 20.03 - No Smoking Smoking is not permitted at any time on Village premises unless the Village Managcr_,(aj[ ala < r�a has designated an area as a smoking area and the area is at least fifteen (15) feet away from any Village building entrance. Smoking is defined as inhaling or carrying a li hg ted cigarette. cigar. Dine or using anv electronicallv-operated device which may or may not contain 94 Packet Pg. 508 9.F.b nicotine in a combination with other chemicals that are intended to be inhaled as a vapor by the user. This is intended to include, but not be limited to, e-cigarettes, e-cigars, hookah pens and any other inhaled nicotine delivery system. There will be no exceptions to this prohibition. Smoking that takes place in violation of this policy may result discipline, up to and including termination of employment. �lll it 1 .. rtwq 11 Employment of Relatives A. It is the policy of the Village to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty, actual or implied, based on family relations. Relatives shall be as defined in Section 2.39 of this Manual. B. No relative will be assigned or hired into a position where the employee would be required to supervise or be supervised by another relative, whether directly or indirectly. This policy is not intended to preclude employment of relatives in other departments within the Village. In addition, it does not apply to temporary/seasonal or student intern employees. C. If employees in a supervisory relationship become related after employment, every effort will be made to transfer one of the employees to a position or shift where no supervisory relationship exists. D. Exceptions to this policy may be approved by the Village Manager (or designee). E. This policy is intended to comply with the requirements of all applicable, federal, state and local laws and situations involving individuals related by marriage or Ecivil Bunion will be addressed on a case -by -case basis to ensure no conflict of interest exists. In the event of a conflict between this Policy and the applicable law, the law will govern in all cases. 20.04 0 W'U Release of Information All employees are expected to exercise good customer service practices and b��,.+ the Village and, to the extent possible, answer general questions about the policies and practices of the Village. Requests for specific printed information, unpublished reports, written or verbal reports about meetings not subject to the Open Meetings Act (OMA), plans in progress, matters of internal business affairs or matters related to the personal affairs of Village employees or officers shall be referred to the Village Manager (or designee), Director of Human Resources or Department Director and shall not be released by an employee unless specifically directed to do so by the Village Manager (or designee), Director of Human Resources or Department Director. Requests for information, pursuant to the Illinois Freedom of Information Act (FOIA) shall be coordinated by the FOIA officer(s) in the applicable department(s), in concert with the Village Clerk's office. 95 Packet Pg. 509 9.F.b „ili 115 Media Relations The Village Manager(apu �1� ,�Q_al�uuw �:,.h shall be the primary staff spokesman for the Village, consistent with the policy direction of the Corporate Authorities. Village Department Directors or their designees may confer with representatives of the news media on matters related to their departments. It shall be the responsibility of each Department Director to develop and administer a policy for responding to media requests, including appropriate staff qualified and authorized to disseminate media responses. Upon contact with news media pertaining to sensitive matters, the Department Director (or designee) shall report to the Office of the Village Manager (aa[_ afle; J 4-I_ the content and substance of the inquiry, information conveyed and potential additional inquiries or issues of sensitivity that may arise as a result of the media contact or underlying subject matter. All employees, when representing the Village and conveying its official positions, shall refrain from overtly political or opinionated speech, unless specifically authorized to do so by the Village Manager (or designee), in accordance with Village Board direction. This policy will be construed in accordance with all applicable laws to respect the free speech rights of the individuals involved while also ensuring that our residents are properly served. �lil it � 20.07 Gifts and Gratuities Employees shall not solicit, accept or agree to accept any gift of any kind from any person or business entity doing business or wishing to do business with the Village, except where said gift is expressly permitted by the Illinois State Officials and Employees Ethics Act. A "gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee. Employees shall comply with the Illinois State Officials and Employees Ethics Act at all times. Additionally, employees should not solicit or seek donations or contributions on behalf of other employees for gifts, sales of products or services, flowers or other reasons except with the prior approval of the Village Manager (or designee). �lil iW + �!'il ilf Anti -Workplace Violence/Bullying Policy It is the Village of Buffalo Grove's policy to promote a safe and comfortable working environment for its employees. The Village is committed to working with its employees to maintain a work environment free from violence, threats of violence, harassment, bullying, intimidation, and other disruptive behavior. Violence, threats, harassment, intimidation, and similar behavior in our workplace will not be tolerated. All reports of incidents will be taken seriously and will be dealt with appropriately. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm. Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal prosecution, or both. If you observe or experience such behavior by anyone on Village property, whether he or she is an employee or not, report it immediately to the Buffalo Grove Police Department by calling 9- 96 Packet Pg. 510 9.F.b 1-1 and your Department Director. All reports will be investigated and the appropriate action will be taken to remedy the situation. No retaliation will be taken or tolerated against any individual who reports a complaint under this policy and/or participates in an investigation of of complaint reported under this Policy. In keeping with the spirit and intent of this policy, and to promote the Village's objectives in this- — Formatted: Space After: 12 pt regard, the Village will endeavor to do the following; • To provide a safe and healthful work environment. • To take prompt remedial action, up to and including immediate termination of employment, against any employee who engages in any threatening behavior or acts of violence or who uses any obscene, abusive, or threatening language or gestures. • To take aDDronriate action when dealing with the customers. vendors. former employees, residents or visitors to the Village's facilities who engage in such behavior. Such action may include notif�dng the police or other law enforcement personnel and prosecuting violators of this policy to the maximum extent of the law. • To prohibit employees, former employees, vendors, residents, visitors and other Formatted Highlight -.-.-. -- --- --- individuals from bringing unauthorized firearms or other weapons onto the Village's premises. All persons, including individuals licensed to carry concealed firearms by the Illinois State Police, are prohibited from bringing firearms into or --------------------------------------- are banned from such areas. • To establish viable security measures to promote the safetv and security of the Village's facilities and to properly handle access to the Village's facilities by the public, off -duty employees, and former employees. The Village's employee assistance program (EAP) supports this policy. Any employee who displays a tendency, t�gage in violent, abusive or threatening behavior, or who otherwise engages in behavior that the Village, in its sole discretion, deems offensive or inappropriate may be referred to the EAP for counseling or other appropriate treatment. Such employees will also be subject to disciplinary action, up to and including termination of employment. In furtherance of this Dolicv. emplovees should warn their Supervisors. Human Resources Da r arty l>gli Dn;ii � tarirF„,,,,, � ptuP Vffla !e C griagr;ir,,,,,or the Village Manager (or d 5nk;n c of an suspicious workplace activity, situations, or incidents that they observe or that they are aware of that involve other employees, former employees, vendors, residents or visitors and that appear problematic. This includes, for example, threats of acts of violence, aggressive behavior, offensive acts threatening or offensive comments or remarks, and the like. Employeeports made pursuant to this policy will be held in confidence to the extent possible. The Village will not tolerate any form of retaliation against any employee for making a report under this policy_ 97 Formatted: Formatted: Formatted: Space After: 12 pt Packet Pg. 511 9.F.b 20.01- Solicitation, Distribution and Use of Bulletin Boards I Formatted: Left, Indent: Left: 0" Employees of the Village may not solicit during working time, nor may employees distribute literature during working time or in working areas. Employees may not accept the solicitation or the distribution of literature by annon-employee while you are on working time. Working time is the time you are performing or are expected to perform the duties of your job. "Working time" does not include meal periods, rest breaks or before/after your shift. Bulletin Boards - Bulletin boards maintained by the Village are to be used only for posting or- Formatted: Space After: 12 pt distributing material of the following nature: • Notices containing material directly concerning Village business. • Announcements of a work -related nature or legally -required postings which are equally applicable and of interest to employees. • All posted material must have authorization from administrative staff. All employees are expected to check these bulletin boards periodically for new and updated information and to follow the rules set forth in all posted notices. Employees are not to remove material from the bulletin boards. Non-Solicitation/Distribution of Employee Communication - The Village prohibits any form Formatted: Space After: 12 pt of solicitation and the distribution of written materials or literature on Village property where: The solicitation or distribution occurs in a work • The employee engaged in the solicitation or distribution is on work time (excluding lunch periods, rest periods, and other periods when the employee is not expected to be working); or • The employee is on work time and the solicitation or distribution interferes with the work of other employees. The Village also prohibits: • Solicitation or distribution on Village property by non -employ • Solicitation on customer premises; and • The use of Village equipment such as fax machines, or photocopiers to prepare information for solicitation or distribution. Any employee who violates this policy is subject to disciplinary action, up to and including termination of employment. 98 Formatted: Space After: 12 pt Packet Pg. 512 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 21.00 APPEALS & GRIEVANCES Chanter 21.00 - Anneals and Grievances Sections: 21.01 Grievance Policy 21.02Grievance Procedure 21.03Classification Grievances 21.04Compensation Grievances 21.05Retroactive Adjustment 21.06Fire and Police Departments 21.07 Discretion of Village 21.01- Grievance Policy It shall be the policy of the Village of Buffalo Grove to give individual employees an opportunity to discuss their grievances with their Supervisors in order to attempt to find mutually satisfactory solutions as rapidly as possible. Employees are assured of freedom from restriction—, interference, discrimination, or reprisal. Appeals of disciplinary actions shall begin with a written grievance report as set forth in Section 21.02(B) below. Although this Chapter outlines our general procedure for addressing workplace grievances, there is nothing in this Chapter which creates a due process or other procedural right. Rather, each situation is addressed on a case -by -case basis to ensure that the matter is promptly addressed and remedied (as appropriate). 21.02 - Grievance Procedure The grievance procedure shall follow the sequence below. An employee may be accompanied by any person of his own choosing as his representative in the presentation of his grievance. A. Oral Report: All grievances must be presented no later than ten (10) working days from the date of the first offense giving rise to the grievance. B. Written Report: If the oral grievance presentation fails to settle the grievance, the employee may submit a written grievance report within ten (10) working days after the oral report was made. In the case of a grievance resulting from a disciplinary action, the employee shall submit a written grievance report within ten (10) working days from the effective date of disciplinary action. Within ten (10) working days after receiving a written grievance report, the Supervisor shall furnish the employee with a written reply. C. Appeal to Department Director: If the written reply to the grievance is not satisfactory to the employee, the employeehe may, within ten (10) working days after receiving the reply, submit an appeal in writing to thehis Department Director. The Department Director shall confer with the aggrieved employee and/or his/her authorized representative before rendering a decision. Such decision shall be produced in writing and shall be delivered to the employee within ten (10) working days of the date on which the appeal was received by the Department Director. 99 Packet Pg. 513 9.F.b D. Appeal to Village Manager (or designee): if the appeal to the Department Director fails to resolve the grievance the employee may submit an appeal in writing to the Village Manager (or designee) no later than ten (10) working days from the date a reply was received from the Department Director. Within ten (10) working days of the receipt of an appeal, the Village Manager (or designee) shall hear matters pertinent to the grievance. The decision of the Village Manager (or designee) shall be final. The Village Manager (or designee) shall forward one copy of the course of action he/she intends to follow to the employee concerned and to the Department Director. 21.03 - Classification Grievances All grievances pertaining to the classification of an employee shall be made in writing to the Village Manager (or designee), within five (5) working days of the classification or else the Village will assume the employee agrees that the classification decision is fair and appropriate. The decision of the Village Manager (or designee) shall be final in all matters of classification. 21.04 - Comuensation Grievances The pay range established for a given class of work shall not be a subject of the grievance procedure. 21.05 - Retroactive Adiustment All adjustments of grievances processed under this Chapter shall be retroactive to the time the grievance is first presented to his Supervisor, unless the grievance reply specifically states otherwise. 21.06 - Fire and Police Departments The grievance procedure for sworn personnel of the fire and police departments shall follow the process set forth by their respective departmental rules, regulations and directives. Appeals of disciplinary actions shall follow the process prescribed by the rules and regulations of the Board of Fire and Police Commissioners and/or collective bargaining agreement, if applicable. 21.07 - Discretion of Village While the Village normally will adhere to the procedures set forth above, there may be circumstances that indicate that an alternate way to address the grievance is more appropriate (i.e., due to confidentiality, privacy or similar business reasons as determined by management). The Village reserves the right to skip any step in this procedure if the Village feels it is appropriate under the circumstances presented. The Village reserves the right to alter the procedures at any time at the discretion of the Village Manager (or designee). Nothing in this Grievance Procedure constitutes a guarantee or promise of employment or a specific term of employment. 100 Packet Pg. 514 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 22.00 EXPECTATION OF PRIVACY --------------------------------------- Chapter 22.00 -,No Expectation of Privacy [ Formatted: Font: Times New Roman Sections: 22.01 Computers, Pagers, Telephones and other Communications Equipment 22.02Lockers, Desks and other Village Property 22.01- Commuters. Patyers. Telephones and other Communications Equipment A. As an employee of the Village of Buffalo Grove, you shall do not have any reasonable expectation of privacy when you use a Village owned or leased computer or communications system (i.e.: -Smart phones, I -Pads, Tablets, flash drives, etc.). The Village has the right to monitor your telephone conversations, to read your messages, to inspect mail or documents sent to or by you, including the deciphering of encrypted text and the removal or inspection of software installed by you on Village provided computers. B. The Village may also access, without notice, data or text caches, pager memory banks, e- mail and voice -mail boxes or accounts, and other employer provided electronic storage systems. The Village does not need to obtain prior judicial or other approval before inspecting this employer provided equipment and your continued employment waives any claim you [Formatted Font color Purple might have and constitutes your knowledge of and acceptance of your waiver of any right of privacy you might otherwise have or expect in your use of this equipment. 22.02 - Lockers, Desks and other Village Property Lockers, desks, vehicles, equipment and other Village containers and property that you are permitted to use during your employment are and remain the property of the Village. You are not permitted to keep or store any illegal or prohibited items or substances in or on such property. You do not shall not have any reasonable expectation of privacy with regard to any items kept or stored in any locker, desk, or other Village property. Village owned property is subject to search by the appropriate Supervisor or Department Director for any reason and without prior notice. Personal locks are not permitted on Village property and may be removed by management. Violation of this policy and/or refusal to cooperate with a search, is grounds for immediate dismissal. 101 Packet Pg. 515 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 23.00 INFORMATION TECHNOLOGY Chapter 23.00 - Communications and Information Technology Section: 23.01 Communications and Information Technology Policy 23.02Social Media Policy 23.03Identity Protection Policy 23.04Protection of Information Technology 23.011 Communications and Information Technology Policy ------ 7C Vuagrarllna 1a_4 __rirb _➢Vais doc u�rr ew are r it uaplap�__iraa__u �3��u ��➢a OVne a➢,a_ _ rid dev l�binm dnt of el a Vucrnrn dartars so urra_r_aa➢nrl_Qurlla➢rnrllrnpy urzr rplry lmar__� n1V a 1c° i - 1Vh lrnr➢a➢ dio4 _ V_a lllub_aroVa 3 ab u�ua q aa➢� __coffl➢daa_ds tj ,Q()__t�aa __�� yen n ioni__IuMufa�gu��ation u �. l ra "� q"➢�,, Lin 1 . qr o _.>I p ➢ .1arra^ hall na Haar a'n uroaparcaa➢n➢uuirry uav .._p., . ra na;au➢l ➢ c„„a; as➢=�.. nc,s,paaan iIbka 1par_�CrVaa s and ➢urrflAc nrad.° to don of, V iHaag , �n2.➢➢a'I S ➢ukla u,br°aV _by ar a,u h ➢➢�s°a.°d 4ny: ➢prtlaau au_adIuM—s terru°,_nnv, ] le nuns➢�rf,y l; fla�lanrou➢fl,n l�aa_ _nl,anrn iia _ai➢�riur_<alannn and records _ ha fl 1Va_r_consideredrn_prr arnalaiia c_ira➢_ra runl_a_rarrnpluu rms Lle1 vrrnk�_ a_n_v_a �y __nru ➢nl _pclr_�n➢uone,_n_r�_➢ce ➢7�➢aa➢q,,__Q. �Q:, 4 �.D�q_G4. ka II 11 i➢ �.`Doa9➢&�I. 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In ge p-nn-an x-aa,a�-a °a, pglanpnar=-aaa-pttgpannnab oar, --tar rtip-tit-pnarn-pt=ap�a6 aat��-p� rn_aaptptt=t-a�;nr€a.4�a-a�atta,t-p=np-o-ant,--tat=a=tit=afl-gtxpa 4aa tpaa; "w'upparg;a'x paa�pna;y: .:p-a,. ____-8-?-naapc a-_Epp--t,u-r=t-°xair�a�r4tan=aa�ax;-�aiwatrparpa-rya;aa�a--own=a,--rat-pang-r�ra-p--4a-a--any--&p�a__ppptnx.>.;a„__pin-ana�g-ta8aaa a;a;p-0-aapaa;>�-a;apo-a-ga�n�u--p-tar-nip-n+rnna.;G�-��-g�-g-nn�oa�-�o-aap-��uag-na�o-tu�;__p-;.rxr4-agn�yp.,aM��-o�nagp 112 N C O A G1 M c �a G1 C C O d a 0 0 N 4- 0 c CL O Q 0 T.- CD N 0 c ca d c c O rn a� a m 0 O m 00 O 0 tm �a c d t Q Packet Pg. 526 9.F.b ara°liuuian t;a°ia°lnhaarna�s srhilla° alu w�nu�l� nuu°a� aa�atanira�afl: ta� ua�a° aa-iu�au�aia,--iiraa; spa°��i�a°a; aau panlli over (haw+(.Naal lraul'a rc pllarc nll arr-ra;a,cifsiury a a,nul➢.e M. Empu oyees auswinp ceMulaur a;aluaipurna°,uut-- (krr tCX- - M C,SSaaa;uarl, --- IN-I1 (0 t1,FiViur a Fk—.', Nmauited-to- IpuuN-over (-0reir sa°iuie o to a Surfinn or- seiiduniu Qa> d u-ruu��-aa�*a:,a��:__t-an-l�aa �*vu-au-�a"6=ama"-r�-o-¢alaalrrvap=�ao-a�y-t-u=ao-p=4-ua°--0aareaa-w-lei-ia:,_a-o-�-ia-aft--fli�ua ��ii-iaart;a;-' equn punent. the--emprloyee; may pose--.pri- uleges aund- -((re eunpr(auyea::- us <,aul(eiy wspa lnO')(a. (aau° oi`a°��ulion�� inu eG aas:p: i ° loss -or- aflaaurino-: gel --- glu a s ;itn,uuaaal a°a (alaif(<aaE� a°alaulpirra;uvt r, lsut sur aiaaunmult,a,a1 tlra, Puurna° a aluuipuaaint r:ar° pant um�aauy luc-uaralera,a-h~-(tarr=-tlkaa-a antr�llssya�a-rnB;--�,Ilua, �aa-p,uuse--a-zlF-uilaar-aia�lhuu-rtu-u�>,n�-_aupa�n--malrpr-os�2:u:R_.aa-f (:Nrua l a yuaa=tnuaaimt l lira ;tor; p ta�ws,r a,a, 6'$' lha; l a,,traaiwtiruurn(': (tira:, to aia 4-eriiirn rs l hual'; t�:(uax ealau'iprrua uiai -; our (au�rt our apaa'nsuung a.al aiaue tau _aaa a,llpt;anee sum- misppaaaeruaent, she employee -is- o repa 6 our ra,prlaua°er e,ot. 1.ost'�-.eq uipnwnt IyVS—IF be repaer=teal iirrurned iatety tab tlae t to iauuutruuuaauat D ireetaau uund 8 l - ep aai rient, dnaplura tar afar ^re a�ouu(al sarruaruus7y swannul-au'aruudse-_V-flhuy'e- couulrl ri-sau(t. -i'n u-pa �;s;i-p-ill-nar; tar-tlma:; a au=up=rolaaruJ;o 23.02 - Social Media Policy All information that is transmitted, received or stored ion Village computers or within any part of its communications system is considered the exclusive property of the Village. This includes any information that is downloaded onto the Village computers from any format. — Use of personal or other computers on social media sites (i.e., blogs, wikis, Facebook, Twitter, etc.) can present a problem to -the Village, when such communications impact operations and/or the working environment. Seeial media may iWaet the Village and its employees. The Village respects its employees' right(s) to free speech in accordance with the parameters of the law, and does not intend to interfere with any -off-duty or non -work related activities. However, to avoid blurring the distinction between -professional and personal communications, the Village has developed the following guidelines for its employees who use social media sites (either on or off duty): • Blogs, wikis and other forms of online discourse are individual interactions, not communications from the Village. Employees are personally and legally responsible for your communications. • When discussing the Village or Village -related matters, employees are encouraged to identify themselves and make it clear that they are speaking for themselves and not on behalf of the Village. Where appropriate, employees are encouraged to -use a disclaimer such as: "The postings on this site are my own and do not necessarily represent the Village's positions, conclusions or opinions." • Employees must not -discuss or divulge confidential Village information, including, but not limited to, business plans, strategies, Village financial information, or Village confidential or proprietary information that has not been made public. 113 Packet Pg. 527 9.F.b While employees may disagree with Village actions, policies, etc., employees may not write knowingly malicious or false comments about the Village, fellow employees (regardless of title or position), customers, vendors or others affiliated with the Village. Posting of comments or materials (including photographs, videos or audio) regarding the Village, its employees, or its services, Of osidents that are ser-ved, is prohibited if obscene, knowing false, , for harassing, may. Posting of comments or materials (including photographs, videos or audio) regarding the residents that are served, is prohibited if obscene, defamatory, profane, libelous, threatening, harassing, abusive, or unprofessionally derogatory to a resident. These issues will be reviewed on a case -by -case basis tonsure that sueh If a member of the media contacts an employee -about his/her -blog or posts and Of requests an official comment from the Village on said blo /ghost leis, in order to deliver an appropriate message and to avoid giving misinformation in any media injures employees should state, "I am not authorized to comment for the Villaae. (or I don't have the information you want). Let me have our Villasze Manager contact you." Then -afe to contact the Village Manager (or designee) or Department Director to convey the Village's response.befefe While what aii employee does aii theif o".. genefally theif own business, Village. Violations of this policy generally will result in discipline, up to and including discharge. If an employee is aware of any violation of this Policy, they -are urged to notify management through our internal complaint procedure. Be assured that the Village -will not tolerate or condone any retaliation against any person who reports a Policy violation and/or participates in an investigation of a potential violation. IMPORTANT NOTE: Any violation(s) of the guidelines in this Policy are applicable, whether done during work hours or outside of work, except as may be allowed by law. These issues will be addressed on a case -by -case basis to protect the rights of our employees and also the rights of the Village, including our employees and others we do business with in serving the residents of the Village of Buffalo Grove. In all cases, there is nothing in this policy which is intended to limit or restrict an employee's right to engage in lawful speech and/or protected or concerted activities which are guaranteed by law. If there is conflict with this Policy and the law, the law will govern. 23.03 - Identity Protection Policy Improper disclosure of protected personal identifiers such as social security numbers may contribute to identity theft and any number of resulting credit problems. The Village has adopted this Policy to protect social security numbers from unauthorized disclosure. In accordance with the Illinois Identity Protection Act, only employees who are required to use or handle 114 Packet Pg. 528 9.F.b information or documents that contain social security numbers shall have access to such information or documents. All employees with access to social security numbers in the course of their job duties must undergo training to protect the confidentiality of the social security numbers. When collecting a social security number or upon request by an individual, employees must provide a statement of the purpose(s) for which the Village is collecting and using the social security number. Under this Policy, social security numbers requested from an individual must be provided in a manner that makes the number easily redacted, if required to be released as part of a public record request. If you have questions about this policy or would like to report a violation (free of retaliation), you are encouraged to contact your Department Director (or designee). Any individual found to be in violation of this Policy will be subject to disciplinary action (no matter when discovered). 23.04 - Protection of Information Technology The Director of Information Technology and the Information Technology Department are responsible for establishing procedures, practices and systems to protect Village information systems from viruses, hardware failures and data loss from network resources. However, it is the responsibility of all Village personnel to follow the procedures established by the Information Technology Department with regards to protecting all data. Village network servers are backed up to tape drives or other high-speed, high -capacity storage devices every weeknight. Periodic checks of backup reliability are perforined to assure that files can be easily restored from backups. Backup media are stored in secure locations away from the servers to reduce the risk that a catastrophe may destroy both the server and the backup. No backup routines are established for individual workstations. In the event of a workstation failure, a workstation's operating system and standard software can be easily rebuilt or replaced. However, individual data files kept on the computer's hard drives cannot be restored. For this reason, Village employees are encouraged to keep all data on network drives alone. It should be noted that due to the Freedom of Information Act, all information available to an employee is potentially discoverable and will be made public upon request. 115 Packet Pg. 529 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 24.00 DRUG FREE WORKPLACE Chapter 24.00 - Drug Free Workplace Section: 24.01Drug Free Workplace Policy 24.01- Drug Free Workplace Policy A. This Policy expresses the Village's desire to satisfy the requirements of the federal and state Drug Free Workplace Acts (41 U.S.C.A. § 701 et seq. and 30 ILCS 580/1 et seq.). — Formatted: Font: Italic In accordance with applicable statutes and concerns, the Village has resolved to maintain a drug free workplace. B. Acts Prohibited The unlawful manufacture, distribution, dispensation, possession, being under the influence, or use of a controlled substance, including cannabis and alcohol is prohibited on Village Property. C. Definitions 1. "Alcohol" means any substance containing any form of alcohol, including but not limited to: ethanol, methanol, propanol and isopropanol. 2. "Cannabis" is defined as provided in the Cannabis Control Act (720 ILCS 55011 et seq.) which provisions are specifically incorporated in this Policy. 3. "Controlled Substance" as defined in the Illinois Controlled Substance Act (720 ILCS 570) which provisions are specifically incorporated in this Policy. 4. "Criminal Drug Statute" means a criminal statute involving the manufacture, distribution, dispensation, possession, or use of any controlled substance. 5. "Manager" is the Village Manager (or designee). 6. "Village Property" means any building, common area, open space, vehicle, parking lot, or other area owned, leased, managed, used or controlled by the Village. Village Property shall include property used by Village patrons while on Village sponsored events. 7. "Drugs" mean Legal Drugs and controlled substances, including cannabis, medical marijuana and the abuse of prescribed medications. 8. "Legal Drugs" mean prescription drugs, including medical marijuana and over- the-counter drugs which have been obtained legally and are being used in the manner and for the purpose for which they were prescribed or manufactured. 116 w 0 c O CL O Q M ao 0 N w Packet Pg. 530 9.F.b "Medical Facility" means any physician, laboratory, clinic, hospital, or other similar entity. 10. "Policy" means this Drug Free Workplace Policy of the Village of Buffalo Grove. 11. "Possess" means to have either in or on an employee's person, personal effects, desk, files, or other similar area. 12. "Public Safety Responsibility" means jobs in which an employee is entrusted with direct responsibility over the health, safety and welfare of Village patrons, either through supervision of programs or operation or maintenance of equipment. 13, "Under the Influence" means that the employee is affected by alcohol or drugs in any determinable manner. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, a lay person's opinion, or the statement of a witness. D. Voluntary Treatment It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to disciplinary action. Employees who suffer from alcohol or drug problems are encouraged to voluntarily consult with their Department Director and undergo appropriate medical treatment. Participation in such treatment will be at the employee's expense, unless otherwise accommodated. Employees are encouraged to utilize the Employee Assistance Program ("EAP") benefit offered by the Village and/or apply for time off under the -FMLA policy if applicable. After the fact request for assistance under this Section of the Policy will not excuse a Policy violation or_€ limit the appropriate penalty for such violation. E. Screening and Testing The Village will require employees who are required to hold commercial driver's licenses ("CDL") as part of conditions of employment to be screened or tested per the guidelines established by the United States Department of Transportation. The Village may require employees who work on or near vehicles or machinery, handle hazardous materials or substances of any kind, or have public safety responsibility to be screened or tested on a random basis. The Village also may require any employee to be screened or tested following a workplace accident where it is reasonable to expect the employee was impaired by alcohol or drugs, during and after an employee's participation in an alcohol or drug counseling or rehabilitation program, or upon reasonable suspicion that the employee is under the influence of alcohol or drugs. , The screening or testing will be conducted by a medical facility selected by the Village and the initial testing will be at the -Village's expense. Any subsequent testing will be at the employees' expense at a medical facility selected by the Village. The screening or testing may require an analysis of the employee's breath, urine 117 Packet Pg. 531 9.F.b and/or blood or such similar substance. Employees who undergo alcohol or drug screening or testing will be given the opportunity, prior to the collection of a specimen or other testing, to disclose the use of legal drugs, including medical marijuana, and to explain the circumstance of their use. 1f an initial test is positive, a second test will be conducted from the same sample. A confirmed positive drug and/or alcohol test maX result in disciplinary action, up to and including termination of employment. Each Village employee is required to sign a form consenting to such a test. Prospective employeespplying for positions that require a commercial driver's license will be required to sign a consent form prior to taking the pre -employment drug screening. Prospective employees for positions that require a pre-empl�ment physical will be reauired to sign a consent form prior to taking the nre-emnlovment nhvsical. Each employee and prospective employee may also be required to sign a separate consent form requested by the Medical Facility conducting the screening or testing. Refusal to sign any requested consent form will result in non -hire or disciplinary action up to and including termination of employment, as deemed appropriate by the Village, in its sole discretion, under the circumstances. Additionally, refusal to submit to a drug or alcohol test or refusal to cooperate, will result in non -hire or disciplinary action up to and including termination of emnlovment.aftef 9itive 'es' - to diselese the Treatment The Village may give the employee one opportunity to undergo treatment offered by a clinic or trained professional mutually acceptable to the Village and employee. Participation in such treatment will be at the employee's expense, unless otherwise accommodated. The employee must enter the treatment program within ten (10) days from the time of recommendation of treatment. The Village may choose to reinstate the employee provided that the employee submits a statement issued by the Medical Facility certifying that the employee has successfully completed the treatment program, -ate# that the employee is released to return to work, and that the employee agrees to all conditions of reinstatement as determined by the Village, which may include, but is not limited to, future alcohol and/or drugtesting. esting. An employee who participates in a treatment program will be expected to meet job performance standards and comply with all rules established by the Village. Participation in a treatment program will not, in itself, protect the employee from disciplinary actions if job performance is unsatisfactory, and avoid disciplinary action.. G. Use of Legal Drugs Any employee who works on or near vehicles or machinery, handles hazardous materials or substances of any kind, or has public safety responsibility and who has taken a legal drug (including medical marijuana) must report the use of such legal drug to the Department Director if the legal drug can affect the employee's performance by causing drowsiness or if it alters perception -judgment, or reaction time or prevents the employee from performing his or her job safely. The burden is on the employee to ascertain from 118 Packet Pg. 532 9.F.b his doctor or pharmacist whether or not the legal drug has such a potential side effect and to notify the Department Director to determine if some reasonable accommodation is appropriate. The information will be retained by the Village in a confidential manner and will be disclosed only to persons who need to know. The employee's Supervisor, after conferring with the Department Director, will decide whether or not an employee may safely continue to perform his job while using the legal drug. Failure to declare the use of such legal drugs will be cause for discipline, up to and including dismissal. H. Notice of Convictions Any employee who is convicted of violating any federal or state criminal drug statute must notify their Department Director immediately (within twenty four (24) hours of conviction). Discipline/Penalties for Violation An employee who reports to work under the influence of alcohol, controlled substances, or cannabis or who manufactures, possesses, uses, sells or dispenses alcohol, controlled substances, or cannabis while on Village property, is convicted of a drug related crime, causes financial or physical damage to the Village, Village property or its employees, or fails to report the use of legal drugs in accordance with this policy, or who otherwise fails to cooperate with this policy will be disciplined and/or must successfully complete a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency and by the Village. On the first occurrence, discipline may consist of suspension with or without pay, termination, and/or successful completion of a drug assistance or rehabilitation program as deemed appropriate by the Village, under the circumstances. The employee shall be terminated on the second occurrence. The Village shall terminate an employee (a) if the employee refuses to submit to diagnosis, testing or screening upon request of the Village; (b) if the employee tampers in any way with the specimen given to the Medical Facility for purposes of drug screening or testing; (c) if the Medical Facility recommends treatment and the employee refuses to undergo such treatment; (d) if, while undergoing treatment, the employee fails or refuses to follow the course of treatment; (e) if the employee, who in the course of or followinz id�treatment, is again under the influence of alcohol or drugs in violation of this Policy; or, (f) if the employee fails to notify their Department Director of an arrest and/or conviction for violating any federal or state Criminal Drug Statute in accordance with this policy. An employee who participates in a treatment program will be expected to meet job performance standards and comply with all rules established by the Village (with or without a reasonable accommodation if the individual is disabled). Participation in a treatment program will not, in itself, protect the employee from disciplinary actions. The Village, however, will not take adverse action against 119 Packet Pg. 533 9.F.b an employee solely because he voluntarily and successfully completes medical treatment. Pre -Employment Screening After a conditional offer of employment is made, for applicable positions, in the Village's employment selection procedure, persons otherwise offered a position with the Village will be required to undertake a job related physical examination which may include a drug screening test. K. Inspections In order to assure that employees comply with the prohibition on manufacturing, distributing, dispensing, possessing, or using alcohol, controlled substances, or cannabis (including medical marijuana) and to otherwise protect Village employees, visitors and property, employees may be subject to inspection as follows (not all inclusive): Lockers, desks, files, vehicles, equipment and other Village containers and property that an employee is permitted to use during employment with the Village are and remain the property of the Village. Employees are not permitted to keep controlled substances, cannabis (including medical marijuana) or alcohol in or on such property. Any such property reasonably suspected of having or holding such substances is subject to search by the Village, including vehicles parked on Village property. Any refusal (or delay) to submit to such an inspection will be treated as an act of insubordination and will result in disciplinary action which may include termination. Employees should not bring any property or items on Village premises, including parking lots, unless he/she understand that such property and item is subject to disclosure under this Policy. As such, an employee should not expect privacy related to such items. L. Records The Village will maintain medical records relating to alcohol or drug abuse, diagnosis, and treatment in a confidential manner and in a file separate from the regular personnel file. Access will be limited to those who need to know. The Village will not disclose these records to persons outside the Village without the employee's consent unless disclosure of the records is necessary for legal or insurance purposes and/or as allowed by law. 120 Packet Pg. 534 9.F.b BUFFALO GROVE PERSONNEL MANUAL CHAPTER 25.00 MANAGEMENT RIGHTS Chanter 25.00 - Management Rights Sections: 25.01 Management Rights 25.01- Management Rights The Village shall retain the sole right and authority to establish and administer all matters of inherent managerial policy, including but not limited to the functions of the Village government and its departments, standards of service, budgeting, organizational structure, the selection of new employees, and the direction of employees. The Village shall retain the sole right to amend its policies, procedures, rules and regulations as it deems necessary, at any time with or without prior notice. Nothing in this Manual shall be construed to limit or alter the Village's rights in this regard. 121 Packet Pg. 535 9.F.b BUFFALO GROVE PERSONNEL n1ANUAL CHAPTER 26.00 SAVINGS CLAUSE AND AMENDMENT Chapter 26.00 - Savings Clause and Amendment Sections: 26.01 Savings Clause 26.02Amendment 26.01- Savings Clause Invalidation of any chapter, section, or part of this Manual shall not affect the validity of the other chapters and sections. The Village reserves the right to amend any policy or practice to the minimum extent necessary to conform to any applicable law or ordinance. 26.02 - Amendment Amendment of this Manual shall be considered approved and effective upon a majority vote of the Corporate Authorities, unless otherwise specifically indicated. 122 Packet Pg. 536 9.F.b N C O A G1 ,ACKNOWLEDGMENT FORM Formatted: -Font: -Times -New Roman, 7 C I hereby acknowledge receipt of the Village of Buffalo Grove Personnel Manual ("Manual"). I agree and represent that I have read or will read the Manual in its entirety. I understand that the Manual has been developed as a reference guide for Village employees and that neither the p Manual nor its individual terms constitute or represent binding contractual commitments or promises, either expressed or implied, on the part of the Village. I also understand that the a policies, benefits and guidelines contained in the Manual can be changed or discontinued by the 00 Village at any time, with or without prior notice. e N w I understand that no representative of the Village, other than the Village Manager (or designee), O c with the approval of the Corporate Authorities, has authority to enter into any employment o agreement for any specific period of time or to make any binding representation or agreement, CL whether oral or written, contrary to the foregoing. Q I understand and will comply with all policies within the Manual in addition to any other ch Departmental rules or policies that apply to my employment, as amended f;9,unaan;, ao 20 a Won4H 22�: 20 P4 and effective Mao -lea-)u4pi , t uj�LLy _.2 Dav, 201 �1 N W ao Signature Date d Print Name 00 0 Department N 123 Packet Pg. 537 9.F.c RESOLUTION NO. 2018- RESOLUTION FOR THE ADOPTION OF AMENDMENTS TO THE PERSONNEL MANUAL WHEREAS, on June 18, 1984 the Buffalo Grove Board of Trustees adopted personnel policies and procedures by Resolution No. 84-43 and amended same in 1988, 1990, 1993, 1994, 1996, 1998, 2000, 2001; 2003, 2005, 2006, 2007, 2009, 2011, 2012 and 2013; and, WHEREAS, in order to reflect current trends in human resources administration, occasional amendments to the Personnel Manual are necessary; and, NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the changes to the Personnel Rules that are contained in Exhibit A attached hereto are adopted by the Village of Buffalo Grove amending the personnel policies and procedures adopted by Resolution No. 84-43; and, BE IT FURTHER RESOLVED that the amendments hereto referenced shall be in full force effective January 22, 2018. AYES: NAYES: ABSENT: Approved , 2018 Passed _, 2018 Village President Attest: Village Clerk Packet Pg. 538 9.F.d VILLAGE OF BUFFALO GROVE PERSONNEL MANUAL Amended: January 22, Day, 2018 Effective: January 22 Day, 2018 4849-1453-1661.v1-8/17/2017 4:29 PM Packet Pg. 539 9.F.d VILLAGE OF BUFFALO GROVE 50 Raupp Boulevard. Buffalo Grove, Illinois 60089-2196 Dane C. Bragg Village Manager 847-459-2525 January 22, 2018 To:The Employees of the Village of Buffalo Grove VILLAGE OF kouffalo Grout The Village strives to provide a stable and professional workplace for all employees. To that end, it is necessary and prudent to provide for personnel policies, regulations and customs that support the appropriate work environment. The Village's reputation for providing high -quality, efficient and timely municipal services is dependent on the appropriate culture and support for its employees. The foregoing personnel manual has been developed with an eye toward providing for modern and competitive benefit programs, policies and standards for the Village of Buffalo Grove workplace. This Manual should be used as the primary basis for employees, Supervisors and directors to formulate policy, administer day-to-day operations and, when necessary, implement disciplinary measures. While the Manual provides a great deal of insight on many personnel matters, its content cannot exhaust the realm of possible personnel matters that will arise in the conduct of a municipal government. In those instances where the Manual does not provide adequate guidance, or where interpretation of the policy is needed, please refer said matters to the Director of Human Resources for further assistance. Finally, this Manual does not constitute an employment contract or promise of specific terms and conditions of employment. The Village may endeavor to amend this Manual and its policies from time to time and for the betterment of the organization. You are encouraged to stay abreast of developments in the Village's personnel policies and to know your rights as an employee. We hope that our employees will continue to find the human resources practices and benefits compatible with effective employee performance. It is the Village's intent to ensure that a professional environment is maintained so that our employees will have the capability and desire to continue their excellent work. Sincerely, 1- Dane C. Bragg Village Manager Packet Pg. 540 9.F.d BUFFALO GROVE PERSONNEL MANUAL TABLE OF CONTENTS INTRODUCTION......................................................................................................................... I Chapter1.00 - General Provisions.............................................................................................. 2 1.01- Purpose of Manual.................................................................................................. 2 1.02 - Positions Covered by the Manual.......................................................................... 2 1.03 - Administration of the Rules................................................................................... 2 1.04 - Board of Fire and Police Commissioners............................................................. 2 1.05 - Departmental Regulations..................................................................................... 2 1.06 - Collective Bargaining Agreements........................................................................ 3 1.07 - Construction of the Rules....................................................................................... 3 Chapter2.00 - Definitions............................................................................................................ 4 2.01- Anniversary Date.................................................................................................... 4 2.03 - Appointing Authority............................................................................................. 5 2.05 - Appointment............................................................................................................ 5 2.07 - Board of Fire and Police Commissioners............................................................. 5 2.09 - Class/Job Title........................................................................................................ 5 2.11- Classification........................................................................................................... 5 2.13 - Class Series.............................................................................................................. 5 2.15 - Class Specification/Job Description...................................................................... 5 2.17 - Collective Bargaining Agreement......................................................................... 5 2.19 - Controlled Substances............................................................................................ 6 2.21- Corporate Authorities............................................................................................ 6 2.22 - Day........................................................................................................................... 6 2.23 - Demotion.................................................................................................................. 6 2.25 - Department.............................................................................................................. 6 2.27 - Department Director.............................................................................................. 6 2.28 - Division.................................................................................................................... 6 2.29 - Division Director..................................................................................................... 6 2.31 - Emergency............................................................................................................... 6 2.33 - Examination............................................................................................................ 6 2.35 - Exempt/Non-Exempt Status.................................................................................. 7 2.37 - Grievance................................................................................................................. 7 2.39 - Immediate Family................................................................................................... 7 2.41- Layoff....................................................................................................................... 7 2.43 - Original Employment Date.................................................................................... 7 2.44 - Pay Plan................................................................................................................... 7 2.47 - Position.................................................................................................................... 7 2.48 - Position Classification Plan.................................................................................... 8 2.49 - Probationary Period............................................................................................... 8 2.51- Promotion................................................................................................................ 8 2.53 - Reclassification........................................................................................................ 8 2.55 - Special Leave........................................................................................................... 9 2.57 - Transfer................................................................................................................... 9 Packet Pg. 541 9.F.d 2.59 - Vacancy.................................................................................................................... 9 2.61- Village Manager...................................................................................................... 9 Chapter 3.00 - Equal Employment Opportunity.....................................................................10 3.01- Policy & Responsibility........................................................................................10 3.02 - Disability & Pregnancy Accommodation...........................................................10 3.03 - Religious Accommodation...................................................................................11 3.04 - Anti -Harassment Policy.......................................................................................11 Chapter 4.00 - Applications and Applicants............................................................................ 17 4.01- Recruitment...........................................................................................................17 4.02 - Application Forms................................................................................................ 17 4.03 - Disqualification..................................................................................................... 17 4.04 - Disqualification by Reason of Conviction (which is not expunged or sealed).18 4.05 - Examinations.........................................................................................................19 Chapter5.00 - Appointments..................................................................................................... 20 5.01- Appointments........................................................................................................ 20 5.02 - Transfer................................................................................................................. 20 5.03 - Appointment Forms............................................................................................. 20 Chapter 6.00 - Probationary Period.......................................................................................... 21 6.01- Purpose.................................................................................................................. 21 6.02 - Documentation...................................................................................................... 21 6.03 - Duration................................................................................................................. 21 6.04 - Rating of Probationary Period............................................................................ 21 6.05 - Termination During Probationary Period......................................................... 21 6.06 - Demotion During Probationary Period.............................................................. 22 6.07 - Extension............................................................................................................... 22 Chapter 7.00 - Position Classification....................................................................................... 23 7.01- The Classification Plan......................................................................................... 23 7.02 - Purposes of the Classification Plan (may include without limitation): ............ 23 7.03 - Administration of the Classification Plan.......................................................... 24 7.04 - Classification of Positions.................................................................................... 24 7.05 - Effect of Classification Changes on Incumbent ................................................. 25 7.06 - Class Specifications/Job Descriptions/Job Descriptions ................................... 26 7.07 - Use in Selection Process....................................................................................... 27 7.08 - Use of Class/Position/Position Titles................................................................... 27 Chapter8.00 - Compensation.................................................................................................... 28 8.01 - Authority to Establish Salaries............................................................................ 28 8.02 - Compensation Plan............................................................................................... 28 8.03 - Amendment of the Compensation Plan.............................................................. 32 8.04 - Total Remuneration............................................................................................. 32 IF Packet Pg. 542 9.F.d 8.05 - Dual Employment Prohibited.............................................................................. 32 8.06 - Equivalent Compensation.................................................................................... 33 8.07 - Beginning Salary................................................................................................... 33 8.08 - Salary Increases.................................................................................................... 33 8.09 - Pay Rate Adjustments.......................................................................................... 33 8.10 - Temporary Assignment to Higher Level Position ............................................. 34 8.11- Overtime................................................................................................................ 34 8.12 - Call Back Pay........................................................................................................ 35 8.13 - Pay Periods - Pay Days......................................................................................... 35 8.14 - Longevity Pay........................................................................................................ 35 Chapter 9.00 - Performance Evaluation................................................................................... 37 9.01 - General Responsibilities....................................................................................... 37 9.02 - Employee Performance Evaluations................................................................... 37 Chapter 10.00 - Hours of Work and Attendance..................................................................... 39 10.01- Hours of Work.................................................................................................... 39 10.02 - Work Schedules.................................................................................................. 40 10.03 - Attendance........................................................................................................... 40 Chapter11.00 - Holidays............................................................................................................ 42 11.01- Holiday Observances.......................................................................................... 42 11.02 - Holiday Compensation....................................................................................... 43 Chapter 12.00 - Vacation Leave................................................................................................ 44 12.01 - Amount................................................................................................................ 44 12.02 - Accrual................................................................................................................. 45 12.03 - Scheduling........................................................................................................... 46 12.04 - Payment on Separation...................................................................................... 46 12.05 - Holidays Occurring During Vacation Period .................................................. 46 12.06 - Vacation Leave for Part -Time Employees....................................................... 47 12.07 - Compensation in Lieu of Vacation Leave......................................................... 47 Chapter13.00 - Sick Leave........................................................................................................ 49 13.01 - Amount................................................................................................................ 49 13.02 - When Taken........................................................................................................ 49 13.03 - Accrued Sick Leave............................................................................................ 50 13.04 - Medical Certificate............................................................................................. 52 13.05 - Temporary Light Duty....................................................................................... 52 13.06 - Family and Medical Leave of Absence ("FMLA") Policy .............................. 53 Chapter14.00 - Special Leave.................................................................................................... 61 14.01- Approval Authority............................................................................................ 61 14.02 - Bereavement Leave............................................................................................. 61 14.03 - Child Bereavement Leave.................................................................................. 61 ff Packet Pg. 543 9.F.d 14.04 - VESSA Leave...................................................................................................... 62 14.05 - School Visitation Leave...................................................................................... 63 14.06 - Court Leave......................................................................................................... 64 14.07 - Voting Leave....................................................................................................... 64 14.08 - Military Leave..................................................................................................... 64 14.09 - Nursing Mothers in the Workplace.................................................................. 65 14.10 - Military Training Leave of Absence................................................................. 65 14.11- Family Military Leave of Absence.................................................................... 65 14.12 - Leave of Absence Without Pay.......................................................................... 66 14.13 - Occupational Injury Leave................................................................................ 67 14.14 - Absence Without Leave...................................................................................... 67 Chapter 15.00 - Health and Life Insurance and Retirement Plans ........................................ 68 15.01 - Health and Life Insurance................................................................................. 68 15.02 - Retirement Plans................................................................................................. 69 15.03 - Continuation of Benefits (COBRA).................................................................. 69 15.04 - Continuation of Benefits Upon Retirement...................................................... 69 Chapter 16.00 - Separation and Disciplinary Actions............................................................. 70 16.01- Resignations........................................................................................................ 70 16.02 - Termination......................................................................................................... 70 16.03 - Return of Village Property................................................................................ 70 16.04 - Standards of Conduct......................................................................................... 70 16.05 - Disciplinary Actions........................................................................................... 73 16.06 - Reduction in Force - Layoff............................................................................... 74 16.07 - Retirement........................................................................................................... 75 16.08 - Exit Interviews.................................................................................................... 75 Chapter 17.00 - Employee Safety and Development................................................................ 76 17.01- General................................................................................................................ 76 17.02 - On the Job Safety................................................................................................ 76 17.03 - Training and Development................................................................................ 78 17.04 - Uniform - Clothing Provisions........................................................................... 79 17.05 - Attitude and Appearance................................................................................... 80 17.06 - Service Recognition............................................................................................ 80 Chapter 18.00 - Travel Expenses............................................................................................... 82 18.01 - Policy.................................................................................................................... 82 18.02 - Travel Expenses.................................................................................................. 82 18.03 - Use of Village Vehicles....................................................................................... 83 18.04 - Use of Personal Vehicles..................................................................................... 83 18.05 - Vacation Combined with Official Travel......................................................... 83 18.06 - Travel Reimbursement or Repayment of Advance to Village ........................ 83 WA Packet Pg. 544 9.F.d Chapter 19.00 - Records and Reports....................................................................................... 84 19.01- Personnel Records.............................................................................................. 84 19.02 - Service Register................................................................................................... 84 19.03 - Reports................................................................................................................. 84 19.04 - Confidentiality.................................................................................................... 84 Chapter 20.00 - Prohibitions and Penalties.............................................................................. 85 20.01- Participation in Political Activities................................................................... 85 20.02 - Discrimination..................................................................................................... 85 20.03 - No Smoking......................................................................................................... 85 20.04 - Employment of Relatives................................................................................... 86 20.05 - Release of Information....................................................................................... 86 20.06 - Media Relations.................................................................................................. 86 20.07 - Gifts and Gratuities............................................................................................ 87 20.08 - Anti -Workplace Violence/Bullying Policy........................................................ 87 20.09 - Solicitation, Distribution and Use of Bulletin Boards ..................................... 88 Chapter 21.00 - Appeals and Grievances.................................................................................. 90 21.01- Grievance Policy................................................................................................. 90 21.02 - Grievance Procedure.......................................................................................... 90 21.03 - Classification Grievances................................................................................... 91 21.04 - Compensation Grievances................................................................................. 91 21.05 - Retroactive Adjustment..................................................................................... 91 21.06 - Fire and Police Departments............................................................................. 91 21.07 - Discretion of Village........................................................................................... 91 Chapter 22.00 - No Expectation of Privacy.............................................................................. 92 22.01- Computers, Pagers, Telephones and other Communications Equipment .... 92 22.02 - Lockers, Desks and other Village Property...................................................... 92 Chapter 23.00 - Communications and Information Technology ............................................ 93 23.01- Communications and Information Technology Policy .................................... 93 23.02 - Social Media Policy............................................................................................. 98 23.03 - Identity Protection Policy.................................................................................. 99 23.04 - Protection of Information Technology...........................................................100 Chapter 24.00 - Drug Free Workplace................................................................................... 101 24.01- Drug Free Workplace Policy...........................................................................101 Chapter 25.00 - Management Rights......................................................................................106 25.01- Management Rights..........................................................................................106 Chapter 26.00 - Savings Clause and Amendment..................................................................107 26.01- Savings Clause...................................................................................................107 v Packet Pg. 545 9.F.d 26.02 - Amendment.......................................................................................................107 vi Packet Pg. 546 9.F.d INTRODUCTION This Manual serves as a reference guide to employees detailing many personnel policies, rules, benefits and practices. It includes a summary of the basic policies and rules that are applicable to employees, as well as the benefits available to you as an employee of the Village of Buffalo Grove. Guidelines for the employment of full-time, part-time and temporary/seasonal staff are outlined in this Manual. The personnel policies within the Manual are compiled in accordance with the policies and guidelines adopted from time to time by the Corporate Authorities. Once adopted, the personnel policies prescribed herein supersede and cancel any prior written or oral policies, practices and agreements. The Corporate Authorities reserve the right to unilaterally revise, supplement or discontinue any of the policies, statements, guidelines or benefits described in this Manual, at any time, with or without prior notice. You will be duly notified of any such revisions, supplements or other changes. Each employee should review this Manual and become familiar with its contents. If you have any comments, suggestions or questions about any aspect of your employment, you are encouraged to discuss them with your Department/Division Director or the Director of Human Resources. He/she will listen to your concerns, take appropriate action if necessary, and/or provide you with the information you need or direct you to someone who can help to provide you with that information. The Village Manager (or designee) has authority for overseeing the enforcement of the policies contained within this document, and for the direction of the activities of all employees, except those whose appointment is otherwise prescribed. Should any question arise as to the proper interpretation of any provision of this document, or any other personnel policy, the decision of the Village Manager (or designee) will be final. Please note that, neither the existence of the Manual, nor anything contained in the Manual nor any written or oral statement interpreting, explaining or clarifying the policies contained in this Manual, is intended to create a promise, nor shall it create an employment contract or contractual commitment, either expressed or implied. Additionally, if there is a conflict between the terms of any benefit plan and a statement in this Manual, the actual terms of the benefit plan will govern in all cases. Neither this Manual nor any other Village document confers any contractual right, either express or implied, to remain in the Village's employ. Nor does it guarantee any fixed terms and conditions of your employment. Your employment is not for any specific time and may be terminated with or without cause and without prior notice by the Village (except as provided in any applicable collective bargaining agreement), or you may resign for any reason at any time. No Supervisor or other representative of the Village, other than the Village Manager (or designee), with the approval of the Corporate Authorities, has the authority to enter into any agreement for employment for any specified period of time or to snake any agreement contrary to the above. Packet Pg. 547 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 1.00 GENERAL PROVISIONS Chanter 1.00 - General Provisions Sections: 1.01 Purpose of Manual 1.02 Positions Covered by the Manual 1.03 Administration of the Rules 1.04 Board of Fire and Police Commissioners 1.05 Departmental Regulations 1.06 Collective Bargaining Agreements 1.07 Construction of the Rules 1.01 - Purnose of Manual It is the purpose of this Manual to set forth many of the principles and procedures, which will normally be followed by the Village of Buffalo Grove in the administration of its personnel programs. They are intended to help ensure an efficient, equitable, and functional system of personnel administration based on merit and other appropriate principles, which govern matters including appointment, compensation, promotion, transfer, layoff, dismissal, discipline, and other conditions of employment. This Manual does not imply nor express a promise or contractual relationship between the Village and its employees. 1.02 - Positions Covered by the Manual Not all of the terms of this Manual shall apply to all employees of the Village. For example, the Manual does not apply to the Corporate Authorities, or other persons appointed, commissioned or contracted by the Corporate Authorities, unless otherwise indicated and/or as required by law. 1.03 - Administration of the Rules The Village Manager (or designee) shall be charged with the overall responsibility for the administration of the contents of this Manual. 1.04 - Board of Fire and Police Commissioners The rules and regulations of the Board of Fire and Police Commissioners shall apply to all sworn employees of the police and fire departments in positions not otherwise exempted by Village ordinance. Where the provisions of this Manual conflict with those of the Board of Fire and Police Commissioners, the latter shall prevail, to the extent consistent with state law. 1.05 - Departmental Regulations This Manual governs the conduct and performance of employees. Departments may have other rules, practices and regulations adopted or enforced by Department Directors that also govern the conduct and performance of employees. Departmental rules and regulations shall not conflict with provisions of these rules, or the rules and regulations of the Board of Fire and Police Commissioners. Such rules, practices and regulations, when approved, published, and distributed as herein provided, shall have the force and effect of rules of that Department and 2 Packet Pg. 548 9.F.d disciplinary action may be taken as deemed appropriate based upon breach of any such rules, practices and/or regulations. Departmental rules and regulations or similar guidelines do not imply nor express a contractual relationship between the Village and its employees. Should any such departmental rules and/or regulations conflict with the provisions of this Manual, this Manual shall prevail, unless otherwise approved by the Village Manager (or designee) and/or if required by law. 1.06 - Collective Bargaining Agreements This Manual shall apply to all employees covered by a collective bargaining agreement. Where the provisions of the Manual conflict with those of a collective bargaining agreement, the latter shall prevail in all cases except as provided by law. 1.07 - Construction of the Rules In the construction of the Manual, the following conventions will be observed and applied, except when the context clearly indicates otherwise. Words used in the present tense shall include the future; words used in the singular number shall include the plural number; and the plural, the singular. The word "shall" is mandatory and not discretionary. The word "may" is permissive. The words "he/she," "his/her" and "him/hers" shall connote both masculine and feminine genders. 3 Packet Pg. 549 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 2.00 DEFINITIONS Chapter 2.00 - Definitions Sections: 2.01 Anniversary Date 2.03 Appointing Authority 2.05 Appointment 2.07 Board of Fire and Police Commissioners 2.09 Class/Job Title 2.11 Classification 2.13 Class Series 2.15 Class Specification/Job Description 2.17 Collective Bargaining Agreement 2.19 Controlled Substances 2.21 Corporate Authorities 2.22 Day 2.23 Demotion 2.25 Department 2.27 Department Director 2.28 Division 2.29 Division Director 2.31 Emergency 2.33 Examination 2.35 Exempt/Non-Exempt Status 2.37 Grievance 2.39 Immediate Family 2.41 Layoff 2.43 Original Employment Date 2.44 Pay Plan 2.47 Position 2.48 Position Classification Plan 2.49 Probationary Period 2.51 Promotion 2.53 Reclassification 2.55 Special Leave 2.57 Transfer 2.59 Vacancy 2.61 Village Manager (or designee) 2.01 - Anniversary Date The initial anniversary of an employee's date of hire shall constitute an employee's "anniversary date" for longevity pay. Thereafter, the effective date of demotion, promotion, or return from a leave without pay longer than ninety (90) days shall constitute the new anniversary date for merit pay and other benefit purposes. When a part-time employee is promoted to a full-time position, longevity shall be calculated based on the date of their promotion to the full-time position. E Packet Pg. 550 9.F.d 2.03 - Appointing Authority The officer, employee, or board having the power of appointment and removal of subordinate positions in any office, department, or division, or any person or group of persons having the power by virtue of ordinance or other lawfully delegated authority to make appointments to positions in the municipal service. 2.05 - Appointment The designation to a position in the municipal service of a person who has met the qualifications for employment through an appropriate selection process. 2.07 - Board of Fire and Police Commissioners The Board of Fire and Police Commissioners of the Village of Buffalo Grove, Illinois. 2.09 — Class/Job Title One (1) or more positions substantially similar in respect to assigned essential work duties and responsibilities that the same class title may be reasonably used to designate each position allocated to the class, that the same minimum education and work experience qualifications may be required, and the same salary range may apply. 2.11- Classification The original assignment of a position to an appropriate class on the basis of the skill level, experience, job content, and responsibility of work to be performed. 2.13 - Class Series The arrangement in sequence of classes that are alike in kind of work and responsibility, but are not at the same level of assigned work and responsibility. 2.15 - Class Specification/Job Description A written statement that may include many of the characteristic duties, responsibilities, and qualification requirements that distinguish a specific class from other classes. Duties, responsibilities, job content and qualifications listed on a class specification/job description are not intended to be construed as all inclusive. 2.17 - Collective Bargaining Agreement A duly authorized contract between the Corporate Authorities and a labor union authorized to represent any covered employees concerning such issues as wages, hours and conditions of employment. 5 Packet Pg. 551 9.F.d 2.19 - Controlled Substances The phrase "controlled substances" includes, without limitation, any substance as defined and included in the schedules of Article II of the "Illinois Controlled Substances Act," cannabis as defined in the "Illinois Cannabis Control Act," and U.S. Department of Transportation Commercial Driver's License "drug list." This phrase also includes any lawful substance used contrary to its intended purposes. 2.21- Corporate Authorities The President and Board of Trustees of the Village of Buffalo Grove, Illinois. 2.22 - Day The twenty-four (24)-hour period of time established for work which begins at 12:00 a.m. of each day. 2.23 - Demotion The movement of an employee from a position in one class to a position in another class having a lower job grade and/or classification. 2.25 - Department Any of the departments of the Village of Buffalo Grove, now or as hereafter established. 2.27 - Department Director The officially appointed director of any department and/or his/her authorized designee. 2.28 - Division Any of the divisions of the Village of Buffalo Grove, now or as hereafter established. 2.29 - Division Director The officially appointed director of any departmental division and/or his/her authorized designee. 2.31- Emergency A sudden and/or unforeseen happening, act of God, weather condition or circumstance that requires the unscheduled services of an employee for reasons including, the protection of the health, welfare, and safety of the community. 2.33 - Examination The appraisal of persons by the use of measurements which includes the possession of competencies, knowledge, skills, abilities (with or without reasonable accommodation if individual is disabled), and/or general suitability for the position for which they are being 6 Packet Pg. 552 9.F.d evaluated. Such examinations also may measure factors such as work performance, attendance (as appropriate) and overall attitude. 2.35 - Exempt/Non-Exempt Status An exempt employee is one who is exempt from overtime pay and paid on a salaried basis as defined by the Fair Labor Standards Act of 1938, as amended, and the Illinois Minimum Wage and Overtime Law. A non-exempt employee is one who is eligible for overtime pay as defined by the Fair Labor Standards Act of 1938, as amended, and the Illinois Minimum Wage and Overtime Law. 2.37 - Grievance A "grievance," as used in this Manual, includes a disagreement or question relating to working conditions, personnel rules and regulations, and working conditions or relationships between an employee and his Supervisor or other employees. It is understood that the phrase "grievance," as used in this Manual, excludes any disagreement or issue arising under or concerning the provisions of any labor agreement as the terms of the labor agreement will govern such dispute(s). 2.39 - Immediate Family For purposes of this Manual, the phrase "immediate family", includes only: husband, wife, civil union partner, son, son in law, daughter, daughter in law, step child, foster child, mother, mother in law, step mother, father, father in law, step father, brother, brother in law, sister, or sister in law of the employee, grandparents of the employee or his/her legal spouse (or civil union partner), aunt and uncle of the employee or his/her legal spouse (or civil union partner), niece and nephew of the employee or his/her legal spouse (or civil union partner). 2.41- Layoff The separation of an employee based upon lack of work, or funds or other business reasons which are generally not related to fault, delinquency or misconduct on the part of the employee. 2.43 - Original Employment Date The date an employee first reports to work following appointment to a position in the municipal service. 2.44 - Pam A list of job titles and corresponding minimum and maximum rates of pay that may be adopted from time to time by the Corporate Authorities. 2.47 - Position A group of current duties and responsibilities assigned or delegated, requiring the full-time, part- time, and/or temporary employment of one person. These types of employment are described as follows: 7 Packet Pg. 553 9.F.d A. Full -Time Employ A position included in the adopted annual budget that is neither specified as part time or temporary employment, nor limited for a period of less than the budget year; also any such position established during a given budget year unless the appointing authority certifies that such position will not be continued in the succeeding year's budget; and who work, on average, at least thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. B. Regular Employ An employee who has been appointed to a full-time position in accordance with this Manual and who has successfully completed the probationary period of said position. C. Regular Part -Time Employee: Year-round Employment in a position for work on a basis of less than a standard work day, work week, or duty tour which may be of a regular or intermittent nature, and who work, on average, less than thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. D. Temporary/Seasonal Employ A position comprising duties which occur, terminate and which may recur seasonally, intermittently and according to the needs of a department; non-permanent/regular employment lasting generally less than twelve (12) consecutive calendar months and who work, on average, less than thirty (30) hours per week, as measured during the preceding twelve (12)-month measurement period or twelve (12)-month stability period. 2.48 - Position Classification Plan An outline of positions that may be arranged in similar occupational groups. 2.49 - Probationary Period A trial period served as part of the selection process of regular employees (including designated extensions thereto). See Section 6.02 for details of a normal probationary period. 2.51- Promotion The movement of an employee from one job classification and/or title to another job classification and/or title having a higher maximum salary rate having been so qualified by an appropriate selection process. 2.53 - Reclassification The determination by the Village Manager (or designee) that a position be assigned to a class different from the one to which it was previously classified. Packet Pg. 554 9.F.d 2.55 - Special Leave Special Leaves are the forms of leave which an employee may apply in accordance with the guidelines set forth in Chapter 14.00 of this Manual. In addition to the guidelines and policies within Chapter 14.00 of this Manual, the Village offers a flexible leave policy for disabled employees where it constitutes a reasonable accommodation to assist the employee in the performance of his/her essential job functions. 2.57 - Transfer The movement of an employee from one department, division, or unit of the municipal government to another, from one position to another position of the same class, and/or to another class having the same maximum salary rate, involving the performance of similar duties and requiring essentially the same basic job qualifications. 2.59 - Vacancy A duly created position which is not occupied and which the Village Manager (or designee) has the discretion to decide whether or not to fill. 2.61- Village Manager The Chief Administrative Officer of the Village of Buffalo Grove, Illinois, or his designee, as established in Chapter 2.08 of the Village of Buffalo Grove Municipal Code. G Packet Pg. 555 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 3.00 EQUAL EMPLOYMENT OPPORTUNITY Chapter 3.00 - Equal Employment Opportunity Sections: 3.01 Policy & Responsibility 3.02 Accommodation Policy 3.03 Anti -Harassment Policy 3.01- Policy & Responsibility The Village of Buffalo Grove is firmly committed to providing equal employment opportunities to all applicants and employees. This commitment applies to all aspects of employment, training, compensation, promotion, discipline, discharge and other terms and conditions of employment without regard to any legally protected category including (without limitation): race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, Civil Union status, military status, disability, genetic history, or unfavorable discharge from military service (except where provided by federal, state or local law), pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law. Alleged violations of this policy should be promptly reported to the Village Manager (or designee), Department Director, Division Director, Director of Human Resources or Deputy Village Manager or Designee. All such reports will be promptly investigated and remedied as appropriate. No retaliation will be taken or tolerated against any person who files a complaint, requests an accommodation, and/or participates in an investigation under this policy. 3.02 - Disability & Pregnancy Accommodation The Village of Buffalo Grove makes reasonable accommodations when necessary for all employees and/or applicants with disabilities and/or are affected by pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, provided the individual is otherwise qualified to perform the essential functions of the job. The Village of Buffalo Grove prohibits discrimination on the basis of disability, pregnancy, or medical conditions related to pregnancy or child birth. Therefore, the Village of Buffalo Grove will not refuse to hire, segregate, or take any other employment action with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or the terms, privileges or conditions of employment on the basis of pregnancy or disability. The Village of Buffalo Grove will not require an employee affected by a disability or pregnancy to take a leave of absence (against the employee's wishes) if another reasonable accommodation can be provided to the known medical conditions related to the disability, pregnancy or childbirth of that employee. Further, the Village of Buffalo Grove will not fail or refuse to reinstate an employee affected by pregnancy or other disability to his/her original job or to an equivalent position with equivalent pay, seniority, and benefits upon her signifying his/her intent to return to work or when the need for reasonable accommodation ceases, unless the Village of 10 Packet Pg. 556 9.F.d Buffalo Grove can demonstrate that the accommodation would impose an undue hardship on the Village of Buffalo Grove's operations. The Village of Buffalo Grove may request documentation from an employee's health care provider concerning: the need for the requested reasonable accommodation(s); the medical justification for the requested accommodation(s); a description of the reasonable accommodation(s) that is medically advisable; the date the reasonable accommodation(s) became (or will become) medically advisable; and/or the probable duration of the reasonable accommodation(s). The Village of Buffalo Grove may deny an accommodation if it imposes an undue hardship. Employees and/or applicants are encouraged to discuss their need for a reasonable accommodation with Human Resources pursuant to an interactive discussion. 3.03 - Reliiious Accommodation We will attempt to make reasonable accommodations for an employee's observance of religious holidays and sincerely held religious beliefs. If you desire a religious accommodation, such as an exemption from the grooming or proper attire requirements, you are required to make the request in writing to your Supervisor as far in advance as possible. Employees should feel free to go directly to another member of Management at any time, whether or not the request has been communicated to their Supervisor. These issues will be addressed on a case -by -case basis. 3.04 - Anti -Harassment Policy The Village of Buffalo Grove is committed to providing its employees, vendors and visitors with a productive environment which is free of intimidation and harassment, whether based on race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, civil union status, military status, disability, genetic history, pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law. Harassment is a violation of federal, state and local laws. The Village will not tolerate harassment or retaliation of any kind in the workplace based on any legally protected status. Even if a situation does not rise to the level of unlawful harassment or retaliation, the offender may be subject to disciplinary action under this policy if the conduct is deemed to be unprofessional or inappropriate. Harassment consists of (not all inclusive) unwelcome, physical, visual or spoken conduct regarding any person's race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, Civil Union status, military status, disability, genetic history, pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law.. The Village will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. Such harassment may include, for example, epithets, slurs, derogatory remarks, negative stereotyping, jokes, kidding, and teasing directed at a person based on his or her protected status, or posting, displaying or circulating written or graphic material that denigrates or shows hostility or aversion to an individual because of such status. 11 Packet Pg. 557 9.F.d All employees must continue to act responsibly to help maintain a comfortable working environment free from harassment and intimidation. Any Village employee who violates this policy will be subject to disciplinary action, including termination. Sexual Harassment deserves special attention. Sexual Harassment means any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or receipt of Village services; or B. Submission to or rejection of such conduct by an individual is used as the basis of any employment or service decision affecting the individual; or C. Such conduct has the purpose or effect of substantially interfering with the work performance of an employee or creating an intimidating, hostile or offensive environment for employees, vendors or visitors. No manager, director, Supervisor, or other employee has the authority to engage in such conduct or to alter another employee's terms or conditions of employment based on the employee's refusal to submit to such conduct. The Village strictly prohibits its manager, directors, Supervisors and other employees from implying or suggesting that an applicant or employee's submission to or refusal to submit to sexual advances or participation in such sexual conduct is a condition of continued employment or receipt of any job benefit (including job assignment, compensation advancement, career development, or any other term or condition of employment). Examples of Sexual Harassment include (but not by way of limitation): A. Pressure for sexual activity (subtle or overt); B. Unwelcome touching or intimacy, including pinching, patting or hugging; C. Insulting, degrading or obscene sexual remarks, innuendoes, jokes or conduct; D. Posting or display of sexually offensive or degrading materials in the workplace such as pictures or cartoons; E. Epithets, slurs, derogatory remarks or negative stereotyping based on gender; F. Comments about sex life or body parts; and G. Repeatedly asking out for a date someone who has refused. All employees are encouraged to raise questions that they may have regarding these issues with his or her Department Director, the Director of Human Resources or the Deputy Village Manager or Designee. Any Village employee who feels he or she has been the victim of any type of harassment from anyone, including Supervisors, staff, co-workers, or in some cases non - employees such as vendors or visitors, should report the matter immediately to his or her Department Director, the Director of Human Resources, or the Deputy Village Manager or 12 Packet Pg. 558 9.F.d Designee. Likewise, any employee who believes he or she is being discriminated against because other employees are receiving favored treatment in exchange for sexual favors, should bring this to the attention of his or her Department Director, the Director of Human Resources or the Deputy Village Manager or Designee. Employees are permitted to submit a confidential report of harassment; however employees are encouraged to provide as much information as possible about the allegations so that the Village can effectively investigate and remedy (if appropriate) any Policy violation(s). The very nature of harassment and discrimination make it virtually impossible to detect unless the employee being harassed registers a complaint with an appropriate Village representative. All complaints of harassment are serious. Thorough and appropriate investigations of complaints will be conducted promptly. Appropriate measures will be taken to keep the complaint as confidential as possible and appropriate based on the circumstances involved. There will be no retaliation or reprisals of any kind against any person for having made an inquiry, complaint or report of sexual harassment or discrimination, or for participating in an investigation of sexual harassment or discrimination (regardless of the outcome). Further, under the Illinois Human Rights Act (775 ILCS 5/6), the Illinois Whistleblower Act (740 ILCS 174/5), and the State Employee Ethics Act (5 ILCS 430) it is a crime to retaliate, or to conspire to retaliate, against an employee because the employee has opposed an action that the employee reasonably believes to be unlawful discrimination or harassment or because the employee has participated in an investigation of harassment or discrimination. However, an employee who knowingly makes a false report of harassment will be subject to discipline including immediate termination for a first offense if deemed warranted to remedy the situation. Village Procedure for Reporting Harassment: H. An employee who believes he or she has been the subject of any form of harassment or discrimination should immediately make a complaint to his or her Department Director, Director of Human Resources or Deputy Village Manager. I. The Department Director or Deputy Village Manager will document any reported incident and promptly forward the complaint to the Director of Human Resources. The Director of Human Resources will notify the Village Manager that a complaint has been made. J. A prompt and thorough investigation of all allegations will be conducted and all persons will be treated respectfully. The investigation will be coordinated by the Director of Human Resources (or designee) and will generally follow the following procedures when appropriate: The complaining employee, the alleged wrongdoer and any witnesses, as appropriate, will be interviewed as part of the investigation; 2. A record of the complaint and findings will be prepared and become part of the complaint investigation file; 3. The complaint investigation file generally will be maintained separately from any employee's personnel file; 13 Packet Pg. 559 9.F.d 4. Registering a complaint (or participating in a complaint investigation) will in no way be used against an employee, nor will it have any adverse impact on the complaining individuals' employment. K. The Village Manager, the Deputy Village Manager, the Department Director and/or the Director of Human Resources (or its/their authorized designees) will review the results of the investigation, unless one of them happens to be the alleged harasser. Any Village employee who is found after appropriate investigation to have violated this policy will be subject to corrective action, including disciplinary action, up to and including termination. Disciplinary actions can range from issuance of a documented warning up to and including termination of employment, depending on the evidence uncovered in the investigation and the nature and severity of the offense. A written record of each action taken pursuant to this policy will be maintained separately from any employee's personnel file. The record will reflect a summary of the conduct or alleged conduct and the disciplinary measure(s), if any, imposed. The complaining employee and alleged wrongdoer generally will receive written notification regarding the outcome of the investigation upon its completion. An employee who files an internal complaint of harassment or discrimination may also be able to file such complaint with the Illinois Department of Human Rights by contacting the Illinois Department of Human Rights (IDHR) at the James R. Thompson Center, 100 Randolph Street, Suite 10-100, Chicago, Illinois 60601. The IDHR will investigate an employee's complaint, and if it determines that there is sufficient evidence of harassment to proceed further, it will file a complaint with the Illinois Human Rights Commission (HRC), located at the same address on the fifth floor. If the IDHR does not complete its investigation within 365 days, an employee may file a complaint directly with the HRC between the 365th and the 395th day. The prohibition against sexual harassment, discrimination and/or retaliation toward any employee also extends to acts, conduct or statements made by a Village official (elected or appointed), agent, lobbyist, attorney, vendor, and/or others who do business with the Village — even if such persons are not employed by the Village and/or compensated for their services by the Village (collectively referred to as the "Vendors"). Therefore, this anti -harassment policy requires the support and example of Village personnel in positions of authority as well as those Vendors (defined above) who do business with the Village. Employees, officials or agents of the Village who engage in harassment or retaliation or who fail to cooperate with a Village sponsored investigation of harassment or retaliation will be subject to remedial action, including disciplinary measures such as termination for even a first offense if deemed justified by the facts involved. Likewise, employees, officials or agents of the Village who refuse to implement remedial measures, obstruct remedial efforts of other Village employees and/or retaliate against complainants or witnesses will be subject to disciplinary measures. All employees and other personnel, including elected and appointed officials or other vendors (as defined earlier), are required to review and sign a copy of this Village Anti -Harassment Policy to acknowledge their commitment to refraining from engaging in harassment against any Village employee. By signing a copy of this policy, each person acknowledges its receipt, and his or her agreement to act in accordance with the guidelines set forth above and as they may from time to time be modified by the Village for business reasons or as required by law. An employee who 14 Packet Pg. 560 9.F.d believes that he or she has been the subject of harassment or retaliation for complaining about harassment may also contact the Illinois Department of Human Rights at (312) 814-6200. 15 Packet Pg. 561 9.F.d VILLAGE OF BUFFALO GROVE ANTI -HARASSMENT POLICY ACKNOWLEDGMENT FORM I hereby acknowledge receipt of the Village of Buffalo Grove Anti -Harassment Policy. I agree and represent that I have read this Policy in its entirety. I understand and will comply with the Village of Buffalo Grove Anti -Harassment Policy, including the anti -retaliation provisions set forth in the Policy. Signature Date Print Name Department Packet Pg. 562 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 4.00 APPLICATIONS & APPLICANTS Chapter 4.00 - Applications and Applicants Sections: 4.01 Recruitment 4.02 Application Forms 4.03 Disqualification 4.04 Disqualification by Reason Of Conviction (which is not expunged or sealed) 4.05 Examinations 4.01- Recruitment The selection process shall be conducted in accordance with both Village -wide and departmental policies and practices. Notice of employment opportunities in the municipal service are normally published by posting announcements on official bulletin boards, and/or in such other places as the Village Manager (or designee) deems advisable. Notice of all examinations for promotion shall be published by posting and other appropriate methods, but need not be published in any newspaper. The announcements normally will specify the class title and salary range of the class for which the examination is announced; the nature of the work to be performed; the minimum qualifications required for the performance of the work of the class; the time, place, and manner of making application, the closing date for receiving applications; and other pertinent information. Exceptions to this policy on recruitment will be made for legitimate business reasons where appropriate with the approval of the Department Director and the Village Manager (or designee). 4.02 - Application Forms All applications shall be made on forms prescribed by the Village Manager (or designee) and shall be submitted on, or prior, to the closing date specified in the announcement. Applications shall require information concerning education, experience, and other pertinent job related information. All applications shall be signed and the truth of the statements contained therein certified by such signature. The appointing authority may require proof of education, experience, and other information as may be appropriate. Falsification of any information contained in an Application Form (no matter when discovered) will be grounds for disciplinary action which may include immediate termination for even the first offense. 4.03 - Disqualification Except as provided by law, the Village Manager (or designee) may refuse to examine an applicant, or, after examination, may disqualify such applicant, or may remove such person already hired and/or appointed if the individual (list is not all inclusive): A. Does not meet the preliminary requirements established for the pertinent class in the position applied for and/or does not otherwise demonstrate the qualifications for the job (either with or without a reasonable accommodation if applicable). B. Is currently engaged in the illegal use of a controlled substance, the illegal use of a legally prescribed drug, or the excessive and untreated abuse use of alcohol. (Note: We 17 Packet Pg. 563 9.F.d provide reasonable accommodations to employees with disabilities but an after the fact request for assistance will not excuse a policy violation). C. Has made a false statement or omission of fact in his/her application form or resume. D. Has used or attempted to use political pressure or bribery to secure an advantage in the selection process. E. Has directly or indirectly obtained information regarding the examination to which, as an applicant, he was not entitled. F. Has failed to submit his fully completed Application Form correctly and/or within the prescribed time limits. G. Fails to cooperate in any part of the application or selection process. H. Has established an unsatisfactory employment or personnel record as evidenced by a reference check of such a nature as to demonstrate actual or potential unsuitability for employment. I. Has taken for another or allowed another to take for him all or part of any examination, or has been found cheating or engaged in other inappropriate acts or omissions in any other way on an examination. J. Has otherwise violated the provisions of this Manual and/or engaged in any other act or omission deemed harmful to the Village's residents and/or property. Whenever an applicant is rejected or disqualified, notice of such rejection or disqualification may be provided to the applicant if deemed appropriate. Applications, whether accepted or rejected, shall not be returned. 4.04 - Disqualification by Reason of Conviction (which is not expunged or sealed) After an applicant has been selected for an interview, a background check will be completed. All applicants who have been convicted of a crime involving matters such as, but not limited to, violent, offensive and/or disgraceful conduct, or moral turpitude will have their applications subject to further review considering all related factors such as the nature of the duties involved, the length of time since the conviction was served, etc. We reserve the right to reject a candidate following this analysis which will be conducted on a case -by -case basis. Applicants applying for positions within the Village park district, child care facilities, school district, mental health facilities, or secure residential youth care facilities will be screened as part of the initial evaluation process, as permitted by law. This policy does not apply to any conviction that has been expunged or sealed (which will not be the basis of a rejection of a candidate, except as required by law). Applications for employment within the State must contain specific language that states that the applicant is not obligated to disclose expunged iuvenile records of adjudication or arrest. Employers may not ask, in any format or context, if an applicant has had a juvenile record Packet Pg. 564 9.F.d expunged. Information about an expunged record obtained by a potential employer, even inadvertently, from an employment application that does not contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest, shall be treated as dissemination of an expunged record by the employer. 4.05 - Examinations Examinations shall relate to those matters which fairly test the aptitude, and qualifications of applicants and employees for a position. Examinations may include written, oral, or work simulation tests; ratings of experience and training; fingerprinting and background investigation; polygraph test (only if permitted by law); post offer physical examinations; post -offer alcohol/drug screen; post -offer psychological evaluation; any combination of these; or any other tests deemed necessary and permitted by law. All medical examinations will be job related and based on business need. Disabled employees and applicants will be afforded reasonable accommodations during this examination process if required by law. 19 Packet Pg. 565 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 5.00 Chapter 5.00 - Appointments Sections: 5.01 Appointments 5.02 Transfer 5.03 Appointment Forms 5.01 - Appointments A. Full-time, Part-time, and Temporary/Seasonal Positions: Appointments to fill vacancies in full-time, part-time, and temporary/seasonal positions shall be made in accordance with Chapter 4.00 of this Manual. Upon being notified of a promotion, the relinquishing department may delay the promotion until the beginning of a pay period but generally not to exceed three (3) weeks. B. Exceptions to the guidelines in this Chapter will be subject to approval of the Village Manager (or designee) and may be required to be submitted in writing upon request. C. Emergency Appointments: In the case of an emergency including, but not limited to a flood, tornado, or blizzard, which requires the immediate employment of one or more persons to prevent actual or potential impairment of the public business and for which it is not practicable or otherwise appropriate to secure the needed person or persons in accordance with Chapter 4.00 of this Manual in time to meet the emergency, an appointing authority may appoint any qualified person during such emergency for a period generally not to exceed thirty (30) working days. The Village Manager (or designee) shall determine whether an emergency actually exists, and his decision shall be final. 5.02 - Transfer A position may be filled by transferring an employee from a position of the same class or similar class with essentially the same basic qualifications and having the same maximum salary rate. Inter departmental transfers, where practical, may be approved by the requisitioning department, and employee concerned. At the direction of the Village Manager (or designee), the relinquishing department may delay the transfer until the beginning of a pay period, but generally not for a period in excess of three (3) weeks. 5.03 - Appointment Forms No duly appointed employee shall be placed on the payroll until Advice of Status and other required forms have been properly completed and approved by the Village Manager (or designee). 20 Packet Pg. 566 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 6.00 PROBATIONARY PERIOD Chanter 6.00 - Probationary Period Sections: 6.01 Purpose 6.02 Documentation 6.03 Duration 6.04 Rating of Probationary Period 6.05 Termination During Probationary Period 6.06 Demotion During Probationary Period 6.07 Extension 6.01- Purpose The probationary period shall be an integral part of the examination process and shall be utilized as an opportunity to observe an employee's work performance, attitude and habits, to train and aid the employee in adjustment to his position, and/or to reject any employee whose work performance fails to meet the expectations of the Village. 6.02 - Documentation At the beginning of employees' probationary period, they will be asked to fill out all forms required of new employees, if and to the extent they have not yet completed them already (W-4, I-9, etc.). These forms are required under government rules and relate to such matters as tax reporting, immigration law compliance, etc. 6.03 - Duration All original and promotional appointments shall be tentative and subject to an initial probationary period of at least one (1) year from the date of appointment. Original sworn appointees to the Fire and Police Departments shall be on probation for a minimum period of eighteen (18) months or as established by a collective bargaining agreement or Illinois law. Extensions may be appropriate as determined by the Village Manager (or designee) or pursuant to the terms of a collective bargaining agreement. 6.04 - Rating of Probationary Period Supervisors shall periodically observe and document the employee's work performance and shall counsel (if and as appropriate) a probationary employee whose work performance is marginal, inadequate or below standards expected of similarly situated employees performing comparable work. Prior to the expiration of the employee's one year probationary period, the appointing authority shall notify the Village Manager (or designee) if the employee will NOT continue in the position. 6.05 - Termination During Probationary Period During the probationary period, the employee may be dismissed if the appointing authority determines that the employee has failed to demonstrate the ability, qualifications and inadequate 21 Packet Pg. 567 9.F.d overall contributions necessary to furnish satisfactory service or is otherwise unsuitable for continued employment. Dismissal during the probationary period may be with or without cause and shall not be a subject of the grievance procedure described in this Manual. Nothing in this Section 6.04 creates a term of employment either during or after the Probation Period expires. 6.06 - Demotion During Probationary Period Promotional appointees who exhibit inadequate performance and overall contributions during the probationary period may be demoted to a position in the class held prior to the promotional appointment. The Department Director shall notify the Village Manager (or designee) of his/her intention to demote an employee as provided in this section. If approved by the Village Manager (or designee), the employee shall be notified in writing generally not less than five (5) working days prior to the effective date of demotion. 6.07 - Extension Where legally permissible and with the approval of the Village Manager (or designee), an appointing authority may extend the probationary period for a period generally not to exceed a maximum of eighteen (18) months. During any extension of a probationary period, the remaining provisions of this Chapter of the Manual will apply. Upon expiration and/or satisfactory completion of a probationary period (regardless of length), an employee may be subject to counseling, disciplinary action or other appropriate action as deemed appropriate by the appointing authority. In some case, counseling, disciplinary action and/or other action is not appropriate due to the circumstances involved and immediate termination may occur if warranted. 22 Packet Pg. 568 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 7.00 POSITION CLASSIFICATION Chapter 7.00 - Position Classification Sections: 7.01 The Classification Plan 7.02 Purpose of the Classification Plan (may include without limitation) 7.03 Administration of the Classification Plan 7.04 Classification of Positions 7.05 Effect of Classification Changes on Incumbent 7.06 Class Specifications/Job Descriptions 7.07 Use in Selection Process 7.08 Use of Class/Position/Position Titles 7.01 - The Classification Plan A position classification plan, based upon factors including, but not limited to, competencies of position, grade nature of work, principal duties and responsibilities, knowledge, abilities, and skills required by the work, may be developed and maintained by the Director of Human Resources. With the approval of the Corporate Authorities, classes may be established, combined, or abolished. The position classification plan may include (not all inclusive): A. An outline of classes of positions in the municipal service arranged in appropriate occupational groups; B. Class specifications/Job Descriptions in such form as prescribed by the Village Manager (or designee); and B. Other factors deemed appropriate by the Village Manager ((or designee). 7.02 - Purposes of the Classification Plan (may include without limitation): A. To provide like pay for substantially similar/like work. B. To establish educational and work experience qualifications for recruiting, testing, and other selection purposes. C. To provide appointing authorities with a means of analyzing work distribution, areas of responsibility, lines of authority, and other relevant relationships between individual and groups of positions. D. To assist appointing authorities in determining personnel service costs and projections for annual budget requirements. E. To provide a basis for developing standards of work performance, including competencies. F. To establish lines of promotional opportunity. 23 Packet Pg. 569 9.F.d G. To indicate employee training needs and development potentials. H. To provide uniform and meaningful titles for all positions. I. To provide the fundamental basis of the compensation program and other aspects of the personnel program. 7.03 - Administration of the Classification Plan The Village Manager (or designee) may periodically require position classification studies at such times as he/she deems necessary to ensure the proper classification of existing or proposed positions in the municipal service. If the Village Manager (or designee) determines that classes should be established, combined or abolished, he/she may so amend the classification plan subject to approval of the Corporate Authorities. Revisions of class specifications required to accurately reflect the nature of work or principal duties and responsibilities of classes may be made without approval of the Corporate Authorities, provided, however, that such revisions generally will not change the number of classes or the maximum rate of pay of a class. 7.04 - Classification of Positions A. Each position in the municipal service, except those personnel exempted from this Manual by Section 1.02, shall be classified at the direction of the Village Manager (or designee). Positions may be assigned to a specific class when (not all inclusive): 1. The same descriptive title may be used to designate each position in the class; and 2. The same kinds and levels of education, experience, knowledge, ability, skill and other qualifications may be required of incumbents; and 3. Similar tests of fitness may be used to examine applicants; and 4. The same range of compensation will apply equally under substantially the same or similar employment conditions. B. All classes of positions involving the same character of work but differing as to level of difficulty and responsibility may be assembled into a class series of two (2) or more levels. C. Compensation or present pay range generally will not be a factor in determining the classification of any position or the standing of any incumbent. D. In allocating any position to a class, the specification for the class shall be considered as a whole. Consideration shall be given to appropriate factors including, but not by way of limitation, the general duties, specific tasks, responsibilities, required educational and experience qualifications for such positions, and the relationship thereof to other classes. The examples of duties set forth in such class specification shall not be construed as all inclusive or restrictive, and an example of a typical task or a combination of two (2) or more examples of work performed shall not be taken, without relation to all parts of the specification, as determining that a position should be included within a class. 24 Packet Pg. 570 9.F.d E. Normally, no employee whose position has been allocated to its appropriate class shall be assigned or required to perform duties generally performed by persons holding positions in other classes, except in case of emergency or training, or for other limited periods of time. Generally, the time period shall not exceed four (4) consecutive weeks without specific authorization by the Village Manager (or designee). The clause in each class specification "performs related work as required" shall be liberally construed. F. Department Directors and Division Directors shall report any organization or program changes that will significantly alter or effect changes in existing classes or classes proposed to be established to the Village Manager (or designee). When any Department Director or Division Director requests the establishment of new or additional classes, or a change in the classification of an existing position, the request shall be submitted in writing along with a statement of essential work duties, essential responsibilities, and qualifications of the position and such other documentation as may be necessary to evaluate the request. 7.05 - Effect of Classification Changes on Incumbent A. Whenever the title of a class is changed without a change in duties and responsibilities, the incumbent normally will have the same status in the new class as he/she had in the former class. B. When a position is reclassified to a class with a higher maximum salary rate, the Village Manager (or designee) may provide the incumbent of the position the same status in the new class as he/she had in the former class, only if he/she finds: 1. That the reason for the reclassification of the position is the accretion of new duties and responsibilities over a period of six (6) months or more immediately preceding the effective date of said reclassification; and 2. That such accretion of duties has taken place during the incumbency of the present incumbent in said position; and 3. That the added duties and responsibilities upon which the reclassification is based could not reasonably have been assigned to any other position; and 4. That the employee occupying a position which has been reclassified shall continue in the position only if he possesses the qualifications of training and experience required for such classification. C. Whenever a position is reclassified from one class to a higher class and the conditions in subparagraph B above are not met, the incumbent shall not continue in the position and may be placed in a lower classified position or removed from his/her employment with the Village (if warranted in the determination of the Village Manager or designee). D. When a position is assigned to a class different from the one to which it was previously classified, the pay status of the incumbent may be changed in accordance with the provisions of these rules governing transfers, promotions, and demotions. 25 Packet Pg. 571 9.F.d 7.06 - Class Specifications/Job Descriptions/Job Descriptions A. Official Position Classification Plan: The Village Manager (or designee) shall maintain a master set of approved class specifications which is updated from time to time. Such class specifications shall constitute the official position classification plan. The Village Manager (or designee) shall provide each Department Director and Division Director and appointing authority with a current position classification plan. The position classification plan shall be open for inspection by employees, interested individuals, and the public under reasonable conditions during regular business hours. B. Nature of Specifications: Class specifications are descriptive and not restrictive. They are intended to indicate the kinds of positions that are to be assigned to the respective classes as determined by their duties and responsibilities and shall not be held to exclude those duties and responsibilities which are not specifically mentioned, but are similar as to kind and level. C. Implied Qualifications: Qualifications commonly required of all incumbents of positions of different classes, such as (not all inclusive list): honesty, cooperation, sobriety, and industry, shall be deemed to be implied as qualification requirements for each class, even though they are not specifically mentioned in the class specification. D. InteiTretation of Class Specifications: In determining the class to which any position shall be assigned, the class specification for each class shall be considered as a whole. The class specifications are intended to indicate the binds of positions that are assigned to the classes, as determined by their relative assigned duties, responsibilities, and specific tasks, and are not to be construed as declaring what the duties or responsibilities of any position may be or as limiting or modifying the power of any Department Director to assign, direct, and control the work of employees under his supervision. All class specifications/job descriptions shall be construed in compliance with the Americans with Disabilities Act ("ADA"). As to the particular parts of the class specifications the following principles shall apply: 1. Class/Job/Job Title: The class title is a brief and descriptive designation of the type of work performed. When there is more than one (1) class in an occupational series, numerals are used in the title to designate the level of the class. The Roman Numeral I is always indicative of the entry position in a class series. 2. Nature of Work: This section is a general description of the essential job functions with emphasis on those basic factors which distinguish the class from other classes. Included are such factors as supervision received and exercised, responsibility and difficulty, hazards, and the way in which the work is assigned and results are reviewed. Because this section evaluates the class in terms of relative difficulty and responsibility and thereby establishes the level of the class, it is the section which is most important in determining the class in which a particular position belongs. 911 Packet Pg. 572 9.F.d 3. Illustrative Examples of Work: This section is intended to enable the reader to obtain a more complete concept of the actual essential job functions performed in positions assigned to this class. The list is descriptive, but not limiting. It is not intended to describe all work performed in all positions in the class, nor do all examples apply to all positions assigned to the class. It is conceivable in the more populated classes, that only one (1) portion of one (1) work example would apply to a given position. The performance of one (1) or several duties listed as examples of work for a particular class should not be considered as conclusive evidence that the position belongs in the class. A position is assigned to a class only when it meets the criteria defined and set out by the specification as a whole. 4. Requirements of Work: This section includes a statement of knowledge, abilities, and skills considered as requisite to successful performance of the essential job functions of the class, and the education and experience which ordinarily would be expected to provide an employee with the required knowledge, abilities, and skills. It should be noted that the statement of education and experience is generally intended to include any equivalent combination of training and experience as determined by the appointing authority in order to allow admission of all qualified applicants to the selection process. 5. NecessarySpecial Requirements: This section is used in a few classes where requirements limit practice of a profession or occupation to persons who possess a specific license or certificate issued by an agency of licensure. It also is used to enumerate other practical requirements or specific prerequisites which must be met by applicants before otherwise qualifying for positions in the class. 6. Reasonable Accommodations, as defined by the Americans With Disabilities Act (ADA), are available for disabled employees who are otherwise qualified to perform the essential functions of the available work for positions in the class. 7.07 - Use in Selection Process The specification for any class as interpreted herein, shall constitute the primary basis and source of authority for the recruitment and for the tests to be included in examination for the class and for the evaluation of the qualifications of candidates. Exceptions to this section may be made only if approved by the Village Manager (or designee). 7.08 - Use of Class/Position/Position Titles The class/position title shall be the official title of every position assigned to the class for the purpose of personnel actions and shall be used on all payrolls, budget estimates, and official records. Administrative titles or other working titles authorized by a Department or Division Director may be used to designate any position for purposes of internal communication and/or in oral or written contacts with the public. 27 Packet Pg. 573 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 8.00 COMPENSATION Chapter 8.00 - Compensation Sections: 8.01 Authority to Establish Salaries 8.02 The Pay Plan 8.03 Standards for Determination of Pay Ranges 8.04 Amendment of the Compensation Plan 8.05 Total Remuneration 8.06 Dual Employment Prohibited 8.07 Equivalent Compensation 8.08 Beginning Salary 8.09 Salary Increases 8.10 Pay Rate Adjustments 8.11 Temporary Assignment to Higher Level Position 8.12 Overtime 8.13 Call Back Pay 8.14 Pay Periods - Pay Days 8.15 Longevity Pay 8.01 - Authoritv to Establish Salaries The Corporate Authorities shall establish pay ranges for employees under the jurisdiction of the Village Manager (or designee). 8.02 - Compensation Plan The Village of Buffalo Grove has created this compensation policy to develop and implement a performance management program that creates a direct relationship between the performance of an employee and the employee's compensation. The policy is intended to measure outcomes, enhance accountability and emphasize Village -wide priorities, strategic planning and critical job success factors. Compensation Plan Design The design of the compensation plan requires the administration of the following sub -policies, as follows: Goals. It shall be the responsibility of the Village Manager (or designee) to annually establish organizational goals, which shall form the foundation of the performance evaluation and compensation cycles. Department Directors shall be responsible to establish departmental goals which reflect the organizational and unit goals for the operation of each department. Each employee shall be provided his/her organizational, departmental, unit and/or individual goals at the beginning of the evaluation cycle. The employee's performance shall be evaluated at 28 Packet Pg. 574 9.F.d least annually, and more frequently as deemed appropriate by the employee's supervisor, Department Director and/or Village Manager, consistent with the process outlined in the Annual Evaluation section of this policy. Salary Ranges. Each year, the Director of Human Resources shall prepare a schedule of pay classifications, inclusive of the minimum, maximum and midpoint salary for each job classification. Pay ranges or bands may be developed to encompass multiple job classifications based upon like performance requirements, skills, competencies, education and experience required to perform the requirements of the position. Where applicable, salary ranges shall be adjusted to reflect cost of living indices then applicable, and shall be applied in equal units to each salary range. The Village shall provide for an objective evaluation of positional responsibilities based upon job analysis questionnaires and assigned rankings within the Village's organization chart. The Village of Buffalo Grove strives to maintain market competitive salary ranges based on review of comparable salary ranges of like communities, economic factors and sufficient incentives to provide greater compensation to employees assuming greater responsibility. The Village shall triennially conduct a comprehensive survey of comparable municipalities' salary ranges. The comparable communities will generally be the same communities used for represented Police and Fire personnel, except that additional comparable salaries may be incorporated into the analysis where insufficient data exists for like positions of a particular classification, or where the responsibilities associated with a particular classification are unique or extraordinary. To maintain equity between represented and non -represented personnel, the Village shall develop the maximum of each salary range based on the third highest salary range of the comparable communities. Consistent with standard practice and to prevent range compression, range spreads (the difference between the salary range minimum and maximum) will be set at approximately 40 percent, but may be expanded or contracted based upon circumstances unique to a position or class of positions. Department Directors may request a modification of one or more salary ranges. All requests for modification shall be provided to the Human Resources Director and shall be approved by the Village Manager (or Designee) before becoming effective. Requests for review should provide an objective evaluation of the position considered for a salary range adjustment by compensation and responsibility factors, an analysis of like factors for similar positions in comparable communities, an analysis of the impact of the requested salary range adjustment on other positions within the same salary range or band and any other data pertinent to the consideration of the request. Annual Evaluation 29 Packet Pg. 575 9.F.d The Village will conduct annual employee evaluations for all Village employees in May and June, or at such other time as may be warranted to meet the business needs of the Village. All employees will be evaluated. The management staff will use the evaluations to determine an employee's annual potential salary adjustment based on a merit schedule established by the Village Manager (or designee) annually during budget preparations and consistent with this policy. Based on the results of the annual evaluation, the employee will receive a rating of 1("Unacceptable"), 2 ("Needs Improvement"), 3 ("Fully Meets Expectations"), 4 ("Exceeds Expectations"), or 5 ("Outstanding"). To ensure tested and consistent evaluation standards, staff will employ an evaluation system that will: 1. Track employees' performance throughout the year, culminating in the annual evaluation. 2. Track an employee's core competencies for their position. 3. Track progress against his/her annual goals and tasks. 4. Compare employees across the department, classifications, functional units and like positions to ensure a normal distribution of scores and fairness of evaluations administered by different supervisors. 5. Allow for multiple self -evaluations and check -ins throughout the year. Any employee receiving an overall evaluation score of Unacceptable (1) or Needs Improvement (2) will be placed on a formal Performance Improvement Plan. The Performance Improvement Plan will include a written statement prepared by the evaluator with the performance matters to be addressed by the employee and a specific period in which a Special Evaluation shall occur. Any employee receiving an Annual Evaluation or Special Evaluation deemed by the employee to be unacceptable, unfair or incomplete may appeal his/her evaluation score to the Director of Human Resources. The Director of Human Resources shall review the appeal, investigate the circumstances of the appeal and provide a recommendation to the Department Director and the Village Manager (or designee) that the evaluation score be 1) sustained, or 2) rejected, or 3) modified. Upon review of the findings of the Director of Human Resources, the Village Manager (or designee) shall make a final determination upon the appeal and the Department Director shall provide the employee with a copy of the final determination. Salary Adjustment — Non -Represented Employees. Based on the employee's performance, a salary adjustment may be recommended by the employee's supervisor, department director or the Village Manager (or designee). Employees receiving an overall evaluation score within the Fully Meets Expectations (3), Exceeds Expectations (4) or Outstanding (5) rankings shall be eligible for salary adjustment, consistent with the prescribed salary matrix for the applicable evaluation period. Any employee receiving an overall evaluation score of Unacceptable (1) or 30 Packet Pg. 576 9.F.d Needs Improvement (2) shall not be eligible for a salary adjustment at the time of evaluation, but may be recommended for a salary adjustment within the evaluation cycle for sufficient improvement consistent with the Performance Improvement Plan. Salary adjustments shall be awarded up to the top of the adopted salary range, no adjustment shall be made for an employee whose salary is above the maximum salary of the range. Employees evaluated prior to their 6 month anniversary date of hire will not be eligible for a merit increase. Employees evaluated after 6 to 12 months of service may be eligible for a pro- rated merit increase. Recently promoted employees will follow the same guidelines as the newly hire employees. Based on the performance matrix, an employee who achieves the fully meets expectations score consistently can expect to achieve the maximum of his/her salary range in 10 years, an employee who consistently performs above average will achieve range maximum in seven years and an exceptional employee will achieve range maximum in five years. Special Adjustment — Non -Represented Employees. The Village Manager (or designee) may, from time to time, recommend to the Village Board a special adjustment for an employee or group of employees based upon outstanding performance within the employee's or employees' assigned duties, individual achievements, team accomplishments or unit performance. Any special adjustment awarded shall be considered a one-time benefit and shall not be included in the employee's base compensation. Salary Adjustment —Represented Employees. Salary adjustments for represented employees shall be administered consistent with then -current collective bargaining agreements pertaining to the employee's job classification. Compensation Plan Maintenance Base Compensation System Implementation and Maintenance. The Human Resources Department will be responsible for implementing, maintaining, and updating the base compensation plan, including pay for performance. Responsibilities will include: evaluating new/revised classification and jobs; updating the salary range(s); developing performance compensation matrices; performing the salary range survey; and recommending changes to the compensation policy. The Village Manager (or designee) will be responsible for reviewing and recommending to the Village Board any changes to the salary range(s) and the compensation policy. 31 N c 0 A G1 c a� c c 0 fA L d a o 0 N 0 c 0 a 0 M a 0o 0 N Packet Pg. 577 9.F.d 8.03 - Amendment of the Combensation Plan On an annual basis, as well as at other times, the Village Manager (or designee) shall make such comparative salary studies as he/she deems necessary and appropriate, and/or as instructed by the Corporate Authorities to make, concerning factors affecting the levels of salaries in the municipal service. On the basis of the information derived from such salary studies, the Village Manager (or designee) shall recommend to the Corporate Authorities such changes in the pay plan pertinent to the fairness and adequacy of the overall compensation program, if any are appropriate. Recommendations made by the Village Manager (or designee) for the amendment of the pay plan shall be submitted to the Corporate Authorities for appropriate consideration. When approved by the Corporate Authorities, these amendments shall become part of the pay plan and shall become the official salary schedule applicable to the respective classes of positions as enumerated therein, and shall be used by all departments in connection with all payrolls, budget estimates, and official records and reports relating to positions in the municipal service. 8.04 - Total Remuneration A. Any salary or other rate of pay established for an employee shall be the total remuneration for the employee, exclusive of overtime, special duty pay, or other authorized allowances. Except as otherwise provided, no employee shall receive pay from the Village in addition to the salary authorized by the pay plan for services rendered by him, either in the discharge of his ordinary duties or any additional duties which he may undertake or volunteer to perform. B. In any case in which part of the compensation for services in a Village position, exclusive of overtime services, is paid by another department, division, or an outside agency such as the county, state, or the federal government, any such payments shall be deducted from the compensation of the employee concerned (unless otherwise approved by the Village Manager (or designee), to the end that the total compensation paid to any employee from all sources combined for any period, shall not exceed the amount payable at the rate prescribed for the class of position to which the employee is assigned. 8.05 - Dual Employment Prohibited No full-time employee holding a position in the municipal service shall be eligible for employment in any additional position in the municipal service, unless previously approved by the Village Manager (or designee) in writing and where applicable a valid FLSA "7g" agreement has been completed. A full-time or part-time employee may be employed in an additional part time position if approved in advance by the appointing authorities involved and the Village Manager (or designee), in writing. An "Advice of Status" form (or comparable form) must be completed and approved by the Village Manager (or designee) for all positions that an employee works in for the Village. Violation of this Policy (no matter when discovered) is grounds for disciplinary action, including immediate dismissal for first offense. 32 Packet Pg. 578 9.F.d 8.06 - Equivalent Compensation Part-time or temporary employees may be compensated on the basis of the equivalent hourly rate paid for full time employment or such alternate amounts deemed appropriate by the Village Manager (or designee). Such employees shall be paid for only those hours actually worked. 8.07 - Be2inning Salary A. The beginning salary or rate of pay for a class shall be the rate paid upon original appointment. Original appointment above the minimum rate may be approved by the Village Manager (or designee), but only if necessary to fill a vacancy or in recognition of outstanding qualifications. B. When any employee previously employed by the Village is reemployed, the Village Manager (or designee) may authorize appointment at a salary step in the range for the class corresponding to that salary step which the employee had been receiving upon termination of his previous service and/or other factors deemed appropriate by the Village Manager (or designee). 8.08 - Salary Increases General pay increases may be granted by the Corporate Authorities to all employees when the Corporate Authorities determine it is necessary/desirable to compensate for changes in economic conditions. All other salary increases shall be in accordance with the provisions of this Manual or as determined by the Village Manager (or designee). 8.09 - Pay Rate Adjustments The following personnel actions may affect the pay status of an employee in the manner provided: A. Transfer: When an employee is transferred between departments and/or divisions of the municipal government or between classes with the same maximum salary rate, the salary rate of the employee will remain unchanged unless the employee's current rate is below the minimum pay rate established for the class to which the employee is transferring. The employee's anniversary date for merit pay increases shall remain unchanged. B. Promotion: When an employee is promoted from a position in one class to a position in another class having a higher maximum salary rate, the salary rate of the promoted employee shall be increased to the new minimum or to that step within the new pay range which provides a five percent (5.0%) or ten (10) step increase above the employee's current step, whichever is greater. The employee's anniversary date for merit pay increases shall be changed to the effective date of promotion, unless otherwise approved by Village Manager (or designee). C. Demotion - Involuntary: When an employee is involuntarily demoted for disciplinary reasons or other business reasons from a position in one class to a position in a class having a lower maximum salary rate, the salary rate of the employee shall be reduced to the maximum of the new class or by five percent (5.0%) or ten (10) steps whichever is 33 Packet Pg. 579 9.F.d greater. The employee's anniversary date for merit pay increases shall be changed to the effective date of demotion. D. Demotion - Voluntary: When an employee is voluntarily demoted from a position in one class to a position in a class having a lower maximum salary rate, the employee's salary rate generally will be reduced, if necessary, to place it in the pay range assigned to the lower class. The employee's anniversary date for merit pay increases shall remain unchanged. 8.10 - Temporary Assignment to Hi!her Level Position A temporary salary rate increase may be authorized by the Village Manager (or designee) for employees assigned to perform the majority of the distinguishing functions of a position in a class with a higher maximum salary rate where such assignment exceeds four (4) consecutive weeks. Temporary assignments to higher level positions for sworn fire department personnel will be governed by applicable Illinois state statute. If authorized by the Village Manager (or designee) or his designee, the salary rate of the employee shall be increased to the minimum of the range of the higher class or by five percent (5.0%) or ten (10) steps, whichever is greater, generally effective on the fifth (5th) consecutive week of the temporary assignment. The increase shall not be retroactive and shall expire upon termination of the temporary assignment. If an employee becomes eligible for a merit increase during the temporary assignment, any merit pay increase shall be based on the employee's previous salary rate, exclusive of any temporary salary rate increase authorized under this section. 8.11- Overtime A. Eligibility: All regular, non-exempt, employees shall be eligible for overtime compensation. Compensation for overtime may be in the form of premium pay or compensatory time off. The Village Manager (or designee) shall designate the form of overtime compensation available to each class of work in the municipal service, consistent with the Fair Labor Standards Act of 1938 ("FLSA"), as amended and any applicable state laws. B. Overtime Hours: Overtime hours shall be computed and paid in increments of one quarter (1/4) of an hour. Overtime amounts of seven (7) minutes or less in a fifteen (15) minute period shall not be compensable. Overtime amounts of eight (8) minutes or more in a fifteen (15) minute period shall be counted and paid as fifteen (15) minutes of overtime. All overtime hours must be approved by the Department Director or their designee in advance; failure to obtain approval before working may result in disciplinary action. C. Scheduling: Overtime scheduling in all departments must be approved in writing or verbally by the Department Director or his designee prior to overtime being worked, except in case of emergency in which case Department Director approval may be designated on the following business day. 34 Packet Pg. 580 9.F.d D. Premium Pay: Employees in classes eligible for premium pay shall be compensated at the rate of one and one half (1.5) times the equivalent hourly rate of the employee for all overtime hours actually worked. Hours worked on the date of an actual holiday that is designated by the Village shall be compensated at the rate of two (2) times the equivalent hourly rate of the employee for hours worked, except as otherwise provided by Section 11.02 of these rules. E. Comnensatory Time: Employees not exempt from the FLSA may at their election be awarded compensatory time off at the rate of one and one half (1.5) times the equivalent hourly rate of the employee for all overtime hours actually worked. The maximum number of compensatory time hours that an employee may accrue shall be set forth in the general orders or standard operating procedures of each department, but in no circumstance may an employee's maximum compensatory time accrual exceed the maximum accrual established by the FLSA. Employees exempt from the FLSA shall not earn compensatory time. 8.12 - Call Back Pa Compensation for employees called back to work on a regularly scheduled work day, or called in prior to the normal reporting time on a regularly scheduled work day, or called to work on a non- scheduled work day, shall be in accordance with departmental rules and regulations. Where such rules and regulations do not exist, the overtime provisions of these rules shall apply. 8.13 - Pay Periods - Pay Days The normal paydays shall be on a bi-weekly schedule with payday on the Thursday after completion of the pay period. Pay periods shall run from Monday through the second Sunday following. If an employee discovers a discrepancy or error of any kind in your paycheck, you must notify the Finance Director promptly so that the matter can be investigated and remedied if appropriate. Be assured that no retaliation will be taken or tolerated against any employee who reports a potential payroll discrepancy. 8.14 - Longevity Pay Eligible full-time employees, hired prior to May 1, 2013, may receive longevity pay beginning with the fifth (5th) anniversary of their original employment date. Longevity awards will be presented on the employee's anniversary date according to the following schedule. Time spent on an approved Leave of Absence (regardless of the reason) shall be deducted from an employee's longevity calculation. Longevity pay amounts are subject to normal payroll and other legally authorized deductions. Full-time employees hired on or after May 1, 2013 shall not be eligible for longevity pay. 35 Packet Pg. 581 9.F.d Regular part-time employees who are subsequently appointed to full-time positions within the Village will receive credit, for longevity pay purposes, starting from when the employee was appointed as a regular part-time employee with the Village. Full-time employees who subsequently become regular part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy. Completed Years of Service Longevity Award 5 through 9 $400 10 through 14 $600 15 through 19 $800 20 or more $1000 Important Notes: 1. This benefit program (like all other benefit programs of the Village) is subject to revisions from time to time as determined by the Village Manager (or designee) due to business or financial reasons. If changes are deemed to be necessary, the affected employees will be notified. 2. Employees hired on or after May 1, 2013 are not eligible to earn longevity benefits based on current Village policy. If this policy changes, the affected employees will be notified. Packet Pg. 582 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 9.00 PERFORMANCE EVALUATION Chapter 9.00 - Performance Evaluation Sections: 9.01 Responsibilities 9.02 Employee Performance Evaluations 9.01- General Responsibilities A. The Village Manager (or designee) shall develop and maintain a performance evaluation program for the purposes of evaluating factors such as an individual's overall work performance, identifying training needs and employee development opportunities, and for improving the efficiency and productivity of the municipal service. Performance evaluation systems and procedures shall be published separately and subject to revision from time to time in accordance with the remaining provisions of this Manual. B. When appropriate, a Department Director or Supervisor may conduct or review an evaluation to help ensure the quality, consistency, and equity of the statements provided therein. C. No public disclosure of an employee's performance evaluation record shall be made without the permission of the employee and the Village Manager (or designee), except as required or permitted by law. Such record shall be made available upon request to the employee; to an appointing authority when needed in connection with a potential action for promotion, transfer, demotion, discipline or dismissal of the employee; or to other persons when required or permitted by a legal procedure or if requested by a government agency as part of a criminal investigation, grievance, or complaint procedure. D. Exceptions to the guidelines in this Chapter must be approved by the affected Department Head and Village Manager (or designee). 9.02 - Employee Performance Evaluations A. Probationary Employees. 1. Original appointees: Original appointees shall be evaluated generally upon the completion of twelve (12) months of consecutive service, and upon the completion of their probationary period. Original appointees must obtain an evaluation of "Meets Job Standards" or better to be considered for "regular" employee status. Failure to obtain such an evaluation shall result in dismissal or extension of the probationary period as provided in Chapter 6.00. An original appointee shall not be eligible for a merit pay increase until the completion of twelve (12) months of service, unless otherwise authorized by the Village Manager (or designee). 2. Promotional appointees: Promotional appointees generally shall be evaluated: A. As of the effective date of promotion; 37 Packet Pg. 583 9.F.d B. Upon the completion of six (6) months of service in the new position; C. Upon completing twelve (12) months of service in their new position; and D. Other times as deemed appropriate by the Department Director. The first evaluation shall be based on the employee's overall performance and contributions in the position held prior to promotion. Any merit pay increase for which the employee may qualify shall be prorated on the basis of one -twelfth (1/12) of the annual merit increase earned times each full month of service in the period of evaluation. Merit pay increases, if authorized, computed under this section shall be rounded upward to the nearest step, and shall be awarded prior to making those pay rate adjustments provided in Section 8.10(B). Failure of a promotional appointee to obtain an evaluation of "Meets Job Standards" or better upon the completion of either six (6) or twelve (12) months of service shall result in the demotion of the employee to a position in the class held prior to the promotional appointment (or termination if appropriate). The salary rate of any employee demoted under this section shall be reduced to the salary rate held prior to pay rate adjustments provided in Section 8.10(B). Demotion under this section shall not change the anniversary date resulting from promotion. Depending on all of the circumstances involved, dismissal in lieu of demotion may apply in some cases. B. Full -Time Employees: The performance of all full-time employees shall be periodically evaluated generally on an annual basis, using the systems and procedures authorized by the Village that are then in effect. C. Part -Time Employ: The performance of all part-time employees required to maintain regularly scheduled work hours shall be periodically evaluated generally on an annual basis using the systems and procedures authorized by the Village that are then in effect. D. Temporary/Seasonal Employees: Temporary/seasonal employees are not covered by the Village's formal performance evaluation program. However, the appointing authority will be permitted to conduct periodic counseling or performance reviews of a temporary/seasonal employee. E. Annual Evaluation Process The Village will conduct annual employee evaluations for all Village employees in May and June, or at such other time as may be warranted to meet the business needs of the Village. All employees will be evaluated. The management staff will use the evaluations to determine an employee's annual potential salary adjustment based on a merit schedule established by the Village Manager annually during budget preparations and consistent with this policy. Based on the results of the annual evaluation, the employee will receive a rating of 1("Unacceptable"), 2 ("Needs Improvement"), 3 ("Fully Meets Expectations"), 4 ("Exceeds Expectations"), or 5 ("Outstanding"). To ensure tested and consistent evaluation standards, staff will employ an evaluation system that will: Packet Pg. 584 9.F.d 1. Track employees' performance throughout the year, culminating in the annual evaluation. 2. Track an employee's core competencies for their position. 3. Track progress against his/her annual goals and tasks. 4. Compare employees across the department, classifications, functional units and like positions to ensure a normal distribution of scores and fairness of evaluations administered by different supervisors. 5. Allow for multiple self -evaluations and check -ins throughout the year. Any employee receiving an overall evaluation score of under a three (3) will be placed on a formal Performance Improvement Plan. The Performance Improvement Plan will include a written statement prepared by the evaluator with the performance matters to be addressed by the employee and a specific period in which a Special Evaluation shall occur. Any employee receiving an Annual Evaluation or Special Evaluation deemed by the employee to be unacceptable, unfair or incomplete may appeal his/her evaluation score to the Director of Human Resources. The Director of Human Resources shall review the appeal, investigate the circumstances of the appeal and provide a recommendation to the Department Director and the Village Manager (or designee) that the evaluation score be 1) sustained, or 2) rejected, or 3) modified. Upon review of the findings of the Director of Human Resources, the Village Manager (designee) shall make a final determination upon the appeal and the Department Director shall provide the employee with a copy of the final determination. BUFFALO GROVE PERSONNEL MANUAL CHAPTER 10.00 HOURS OF WORK AND ATTENDANCE Chapter 10.00 - Hours of Work and Attendance CPrtinnc- 10.01 Hours of Work 10.02 Work Schedules 10.03 Attendance 10.01 - Hours of Work Regular working hours for full-time employees shall be forty (40) hours of work in seven (7) consecutive days, from Monday through the Sunday following, except as noted below: A. Regular working hours for fire protection personnel covered by the Fair Labor Standards Act of 1938, as amended, shall be two hundred and twelve (212) hours in a twenty eight (28) day work period, unless otherwise established in a collective bargaining agreement. B. Regular working hours for law enforcement personnel covered by the Fair Labor Standards Act of 1938, as amended, shall be one hundred seventy one (171) hours in a twenty eight (28) day work period. C. With prior notice from a Supervisor, employees are permitted to take reasonable breaks or rest periods of five (5) minutes or less for use of the restroom or similar necessary personal reasons. Employees are not entitled to use or request paid time off for smoking 39 Packet Pg. 585 9.F.d purposes or to otherwise engage in non -work related activities. Violations of this policy are grounds for disciplinary action, including dismissal if warranted. D. Employees shall receive a lunch break and two rest periods. The unpaid lunch break shall be no less than thirty (30) minutes and no longer than sixty (60) minutes. Lunch breaks must be taken beginning no later than five (5) hours after the start of the work period. E. Exceptions to the regular working hours will be made based on business need and other related circumstances. Nothing in this section is intended to create a guarantee or promise of work for any specific number of hours or workweeks in a year. 10.02 - Work Schedules Work schedules, including those of an emergency or on call nature, shall be determined by Department Directors for employees under their jurisdiction, subject to the approval of the Village Manager (or designee). Department Directors shall arrange work schedules to meet the needs of the municipal service, provided that all work schedules for full-time employees shall comply with the remaining provisions of this Chapter 10.00. 10.03 - Attendance Regular and punctual attendance at work shall be required of all employees. Employees who fail to observe attendance requirements and procedures for recording and reporting of attendance, including, failure to report to duty, tardiness and "early leaves," shall be subject to disciplinary action, up to and including dismissal. Exceptions to this section will be considered only as required for approved time off under the Family and Medical Leave Act and/or the state, federal and local laws applicable to employees with disabilities or handicaps. If employees are unable to come to work or will be more than seven (7) minutes late, they are required to directly contact their Supervisors, and if they are unable to reach their Supervisor, they should leave a message for him/her advising of their inability to come to work or that they will be late. If, because of illness, employees are unable to call personally, they may have a member of their family or a friend call on their behalf. If employees have any questions, their Supervisor will advise them concerning absence reporting. Please note that, although calling in an absence or tardy is required, doing so will not necessarily render the absence or tardy totally excused. Unauthorized, unreported or excessive absenteeism will result in disciplinary action, up to and including termination of employment. If employees must leave work early because of an illness or personal emergency, employees must make every reasonable effort to promptly advise their immediate Supervisor or if their immediate Supervisor is not available, the Supervisor at the succeeding level of authority in their department. Employees' notice must include a reasonable explanation for their absence or tardiness, and a statement as to when they expect to arrive at or return to work. Employees may be required to present a doctor's note or other documentation substantiating the length of and reasons for their absence or tardiness. 40 Packet Pg. 586 9.F.d The foregoing notice requirements apply to each day of absence or tardiness, including without limitation consecutive days. Failure to satisfy these requirements may result in loss of pay for the time in question and/or subject employees to disciplinary action, up to and including termination of employment. An unreported absence of three or more consecutive days is considered to be a voluntary resignation from the Village. This also applies to employees failing to return to work after an approved leave of absence. 41 Packet Pg. 587 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 11 HOLIDAYS Chapter 11.00 - Holidays Sections: 11.01 Holiday Observance 11.02 Holiday Compensation 11.01- Holiday Observances A. The Village shall observe the following holidays annually: New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day after Thanksgiving Christmas Eve Day Christmas Day Floating Holiday B. When a holiday falls on a Saturday, the preceding Friday generally shall be observed. When a holiday falls on a Sunday, the following Monday generally shall be observed. If Christmas Eve is on a Saturday, employees generally will be given off Friday as well as Monday; if Christmas Eve falls on Sunday, employees generally will be given off Monday and Tuesday. C. One (1) floating holiday will be awarded each eligible full-time and regular part-time employee to utilize during each calendar year for religious holidays or observances that may not be celebrated by the Village. The floating holiday may be taken as one (1) full day off or two (2) half days off. The floating holiday is non -cumulative and must be observed during the calendar year in which it is awarded. Employees must complete six (6) months of service before being entitled to a floating holiday. Scheduling of the floating holiday shall be at the employee's discretion, subject to approval of the Department Director. Fire department employees governed by a collective bargaining agreement will follow terms and conditions set forth within the collective bargaining agreement. D. Other holidays may be designated at the discretion of the Village Manager (or designee) E. Department Directors may approve additional unpaid time off if such additional time off does not present an undue hardship to the Village. For example, we reasonably accommodate our employees who need time off for religious purposes which are not observed by the Village where an employee makes arrangements in advance. 42 Packet Pg. 588 9.F.d G.. Columbus Day shall be formalized as an in-service day in the Village. Please note that except for any prescheduled/preapproved days off, staff is expected to attend one of training sessions and your employees are expected to work their "normal" schedule, as Columbus Day is not a Village Holiday. 11.02 - Holiday Compensation A. Full-time and Regular Part-time Employ: All full-time employees and regular part- time employees who are required to maintain regularly scheduled hours shall receive their normal compensation for time off work on Village observed holidays if the employee normally would be scheduled to work on the holiday. If a regular employee is required to work on a holiday, he/she shall be compensated according to the overtime provisions of this manual, in addition to receiving holiday time off for Village observed holidays. B. Temporary/Seasonal Employ: Temporary/seasonal employees shall receive time off without pay for Village observed holidays. If a temporary/seasonal employee is required to work on a Village observed holiday, he/she shall be compensated for hours actually worked at his/her normal rate of pay for such hours as the employee who normally have been scheduled to work on that day. C. Fire and Police: Holiday compensation for fire and police personnel assigned to shift duty shall be in accordance with rules and regulations of the respective departments and such rules and regulations will supersede the statements contained in this Chapter in the event of a conflict. 43 Packet Pg. 589 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 12.00 Chapter 12.00 - Vacation Leave Sections: 12.01 Amount 12.02 Accrual 12.03 Scheduling 12.04 Payment on Separation 12.05 Holidays Occurring During Vacation Period 12.06 Vacation Leave for Part-time Employees 12.07 Compensation in Lieu of Vacation Leave 12.01- Amount VACATION LEAVE A. Each full-time employee shall receive vacation leave credit (accrued on a pro rata basis) according to the following schedule: First (1st) partial year and first (1st) full calendar year of service: After 1 month 1.0 day After 2 months 2.0 days After 3 months 2.5 days After 4 months 3.5 days After 5 months 4.5 days After 6 months 5.0 days After 7 months 6.0 days After 8 months 7.0 days After 9 months 7.5 days After 10 months 8.5 days After 11 months 9.5 days After 12 months 10.0 days 2nd full calendar year of service: 11.0 days 3rd full calendar year of service: 12.0 days 4th full calendar year of service: 13.0 days 5th full calendar year of service: 14.0 days 6th loth full calendar years of service: 15.0 days llth-14th full calendar years of service: 17.0 days 15th-19th full calendar years of service: 20.0 days 20th-- 22"d full calendar years of service: 22.0 days 23rd full calendar years of service: 23.0 days 24th full calendar years of service: 24.0 days 25th (and after) full calendar years of service: 25.0 days B. Sworn fire personnel assigned to shift duty and not otherwise established by a collective bargaining agreement shall receive vacation leave credit according to the following schedule: 44 Packet Pg. 590 9.F.d First (1st) partial year and First (1st) full calendar year of completed service: After 2 months 1 shift After 4 months 2 shifts After 6 months 3 shifts After 9 months 4 shifts After 12 months 5 shifts 2nd full calendar year of service: 6 shifts 3rd full calendar year of service: 6 shifts 4th full calendar year of service: 7 shifts 5th full calendar year of service: 7 shifts 6th-10th full calendar years of service: 8 shifts llth-14th full calendar years of service: 9 shifts 15th-19th full calendar years of service: 10 shifts 201h-24th full calendar years of service: 11 shifts 25th (and after) full calendar years of service: 12 shifts C. Additional Leave granted in the form of personal days for positions required to attend regular night meetings. The following positions shall be awarded five (5) additional personal days (40 hours) which cannot be carried over from year, used for vacation buy back purposes or paid out upon separation: Deputy Village Manager Department Directors Village Engineer Principal Planner Head Golf Professional - Buffalo Grove and Arboretum D. The following positions shall be awarded three (3) additional personal days (24 hours) which cannot be carried over from year, used for vacation buy back purposes or paid out upon separation: Deputy Department Directors Purchasing Manager Assistant to the Village Manager Building Commissioner Maintenance Superintendent Utility Superintendent All incumbent employees as of the date of adoption shall have the number of personal days as indicated in the 2013 Personnel Manual. Any employee hired or promoted after adoption will be subject to the policy above. 12.02 - Accrual Eligible employees shall accrue paid vacation credits on a monthly basis. Vacation leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second calendar year of service and shall be prorated based upon the number of full months worked by the employee. Employees must complete six (6) months of service before being 45 Packet Pg. 591 9.F.d entitled to take vacation leave, unless otherwise approved by the Village Manager (or designee) and provided a loan agreement/vacation advance agreement is entered into with the employee concerning the repayment of the time once earned. A maximum equal to of forty hours (40) will be considered for approval by the Department Head or Village Manager. All carry-over hours must be used prior to the end of the calendar year. Carry-over balances beyond these designated "caps" not used prior to the end of the calendar year shall be forfeited. Employees may only be compensated for vacation leave earned but not taken as provided in Sections 12.04 and 12.07. This policy shall apply to all employees of the Village regardless of their date of hire. Vacation leave shall not be accrued or earned while on leave of absence without pay. 12.03 - Schedulinz Vacation leave schedules shall be approved by Department or Division Directors or their designee consistent with Village business needs. Seniority of employees shall be one relevant factor in considering vacation requests. Accrued vacation time may be used for the purpose of sick leave only in the event that an employee has exhausted all accrued sick time. All time off that qualifies under this Chapter and the FMLA will run concurrently. 12.04 - Payment on Separation If an employee resigns or is terminated from employment with the Village and the employee has accrued vacation time, the employee shall be compensated for vacation leave earned and unused through the date of termination or resignation. If an employee was hired by the Village prior to January 1, 2012, and retires from Village employment, the employee shall be compensated for vacation leave earned and unused through the date of retirement. If an employee was hired by the Village on or after January 1, 2012, and retires from Village employment, the employee is not eligible for a "cash -out" of accrued vacation time upon retirement from Village employment. An employee hired by the Village on or after January 1, 2012 shall be required to and shall have the right to exhaust all vacation leave prior to retirement. Annual vacation leave entitlements at time of separation or resignation shall be prorated based on the number of full months worked by the employee in the current calendar year. Vacation leave taken in excess of that earned will be deducted from the employee's final paycheck, subject to the provisions of the Illinois Wage Payment and Collection Act. In the event of separation due to death of the employee, compensation normally will be made to the employee's beneficiary or estate as provided by law. 12.05 - Holidays Occurring During Vacation Period Any official holiday (which is observed by the Village) as set forth in these rules which may occur during an employee's scheduled vacation period, shall not be counted as a day of vacation. HOR Packet Pg. 592 9.F.d 12.06 - Vacation Leave for Part -Time Employees Regular part-time employees who are required to maintain regularly scheduled hours of work shall earn annual vacation leave based on the following schedule. Temporary and seasonal employees are not eligible for vacation leave under the terms of this program. 1 st - 5th full calendar year of service = 1 week of vacation. (i.e., 5 work days) 6th - IOth full calendar year of service = 1 week and 2 days of vacation. 1 lth - 14th full calendar year of service = 1 week and 3 days of vacation. 15+ full calendar year of service = 1 week and 4 days of vacation. For the purpose of administering this policy, a week is based on an amount equal to the average number of bud eg ted hours worked by the employee in a week. A day is based on an amount equal to the average number of budgeted hours worked by the employee in a day. Example: A regular part-time employee with sixteen (16) full calendar years of service who is scheduled to work three (3) eight (8) hour days per week (twenty-four (24) hours), will receive one (1) week (twenty-four (24) hours) and four (4) days (nineteen (19) hours) of vacation, for a total of forty-three (43) hours of vacation a year which can be taken during the calendar year. Regular part-time employees who are subsequently appointed to full-time positions within the Village will receive vacation leave credit according to the schedule outlined in Section 12.01(A). Calendar years of service are calculated starting from when the employee was appointed as a regular part-time employee with the Village. Employees who retire from full-time employment with the Village and subsequently become regular part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy, as previously illustrated in this section. 12.07 - Compensation in Lieu of Vacation Leave Based on the availability of funds and at the sole discretion of the Village Manager (or designee), Full-time employees, hired prior to January 1, 2012, may be eligible to receive, as an option, compensation in lieu of earned vacation leave based upon the following parameters: • Full-time employees eligible will be those with fifteen (15) or more full calendar years of service and would therefore earn twenty (20) or more days of vacation leave. • The maximum amount of vacation leave that could be converted into compensation would be equal to fifty percent (50%) of the earned vacation leave based upon years of service as noted in Section 12.01, Amount. 0 Compensation paid would be at the regular employee's hourly rate of pay at time of conversion. • In order to qualify, vacation leave must have been taken during the calendar year. The amount of vacation leave that can be converted will be equal to the amount of vacation leave taken. 47 Packet Pg. 593 9.F.d Example: If a full-time employee is eligible for twenty (20) days of vacation leave but only takes six (6) days leave in the calendar year, the employee will only be able to convert six (6) days of unused vacation. Conversion of vacation leave will be in lieu of the ability to carryover vacation except for any balance unused after conversion. Example: In above example, employee was eligible for twenty (20) days of vacation leave, took six (6) days and converted six (6) days. With the permission of his department/division direction, employee may only carryover eight (8) days into next year. *If an employee elects to carryover any unused vacation into the next calendar year that election cannot be reversed so as to convert the time back to compensation in future years. Example: In that the program is optional, an employee may elect to, with Village Manager or designee approval, carryover forty (40) hours of unused vacation into the next calendar year as permitted in Section 12.02, Accrual. If an employee with twenty (20) days' vacation leave takes ten (10) days and opts to carryover ten (10) days, that decision is irrevocable; the employee cannot then decide to convert the unused time back into paid compensation. If the time is not used, it will be lost. *Conversion of vacation leave will only be for current year credit. Conversion will not be allowed for any unused prior year carryover vacation leave. Employees covered by a collective bargaining agreement should consult that document for vacation benefits as this Policy is inapplicable to those employees. Note: Like all benefit programs, this policy is subject to revision from time to time to meet our business demands and the needs of our residents. IR Packet Pg. 594 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 13.00 SICK LEAVE Chapter 13.00 - Sick Leave Sections: 13.01 Amount 13.02 When Taken 13.03 Accrued Sick Leave 13.04 Medical Certificate 13.05 Temporary Light Duty 13.06 Family and Medical Leave of Absence ("FMLA") Employees governed by a collective bargaining agreement shall follow the terms and conditions set forth within the collective bargaining agreement in lieu of this Policy. 13.01- Amount Each eligible full-time employee in the municipal service shall earn up to ten (10) days of sick leave with pay credit during each calendar year. Sworn fire personnel assigned to shift duty shall earn up to five (5) shifts of sick leave with pay credit during each calendar year. In the first calendar year of employment, full-time employees shall accrue sick leave at the rate of five sixths (5/6) of a day for each full month of employment. Sworn fire personnel assigned to shift duty shall accrue sick leave according to the following schedule: after two (2) months of service, one (1) shift; after four (4) months, two (2) shifts; after six (6) months, three (3) shifts; after nine (9) months, four (4) shifts; after twelve (12) months, five (5) shifts up to a maximum of five (5) shifts per year. Sick leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second (2nd) calendar year of employment. Sick leave shall not be accrued or earned while on leave of absence without pay (regardless of the reason). 13.02 - When Taken Sick leave with pay will be granted for absence from duty because of actual non -work related personal illness, birth of the employee's child, disability, bodily injury or disease, exposure to contagious disease, to care for an ill or injured member of the employee's family when the employee's presence is required, or to keep a doctor's or dentist's appointment, which cannot be scheduled outside of the employee's working hours. Additional conditions and further discussion about the use of sick leave can be found in Section 13.06 of this Manual under the Village's Family and Medical Leave policy. Sick leave shall not be granted in cases where regular or disability retirement has been approved, or for absence due to injuries resulting from employment in a position other than that held in the municipal service. Employees injured or sustaining a serious health condition in the course of other employment may be eligible for leave of absence without pay. Any time off under this policy that also is governed by Section 13.06 shall run concurrently. 49 Packet Pg. 595 9.F.d When an employee finds it necessary to be absent for any of the reasons specified herein, he/she shall report the facts to his/her Supervisor. An employee whose work requires a substitute for a particular shift assignment is required to give such notification at least one (1) full hour in advance of his/her scheduled starting time. All other employees shall notify their Supervisor within at least thirty (30) minutes prior to their scheduled work day or duty tour. Exceptions only if approved by the FMLA or as an approved accommodation under the ADA for disabled employees. An employee is responsible for making a daily report thereafter for the duration of the illness, injury, or disability, except as provided otherwise under the Village's Family and Medical Leave Act ("FMLA") policy. A medical certificate may be required by the Department Director for any absence and upon return to work. Additionally, the Village reserves the right to seek a second opinion at the Village's expense to determine whether there is a medical need for the employee to be away from work. Unless prohibited by law, an employee's failure to comply with the provisions of this chapter and/or any misrepresentation or omission relative to the use of sick leave shall result in a denial of sick leave and may result in disciplinary action up to and including dismissal (no matter when discovered). Three (3) consecutive days absence without notice or approval may result in dismissal, as permitted by law. 13.03 - Accrued Sick Leave Regular employees may accrue sick leave up to a maximum "cap" of two thousand eighty (2,080) hours. Sworn fire personnel assigned to shift duty may accumulate sick leave to a maximum "cap" of one hundred thirty (130) shifts. Retiring employees are eligible to participate in an employer sponsored Retiree Health Savings ("RHS") Plan in accordance with the terms and eligibility requirements of the RHS Plan. Eligible employees may apply their accrued sick leave based on the following table: Years of Service and Age at Retirement Percent of 2, 080 Hours 20 years of service and 41years of age at retirement 27.5% 20 years of service and 42 years of age at retirement 30.0% 20 years of service and 43 years of age at retirement 32.5% 20 years of service and 44 years of age at retirement 35.0% 20 years of service and 45 years of age at retirement 37.5% 20 years of service and 46 years of age at retirement 40.0% 20 years of service and 47 years of age at retirement 42.5% 20 years of service and 48 years of age at retirement 45.0% 20 years of service and 49 years of age at retirement 47.5% 20 years of service and 50-54 years of age at retirement 50.0% 21 years of service and 50-54 years of age at 55.0% 50 Packet Pg. 596 9.F.d retirement 22 years of service and 50-54 years of age at 60.0% retirement 23 years of service and 50-54 years of age at 65.0% retirement 24 years of service and 50-54 years of age at 70.0% retirement 25 years of service and 50-54 years of age at 75.0% retirement 26 years of service and 50-54 years of age at 80.0% retirement 27 years of service and 50-54 years of age at 85.0% retirement 28 years of service and 50-54 years of age at 90.0% retirement 29 years of service and 50-54 years of age at 95.0% retirement 30 years of service or 55+ years of age at retirement 100.0% The RHS Plan will be administered by the ICMA Retirement Corporation and will allow employees to accumulate assets in order to pay medical and other eligible expenses in retirement. The legal basis for an RHS Plan is currently based on Private Letter Rulings issued by the Internal Revenue Service which allow employers such as the Village to establish such plans. The provisions of this Plan will be governed by documents executed by both the Village and ICMA Retirement Corporation. The documents collectively comprise the VantageCare Retiree Health Savings Plan. By Internal Revenue Service Code, the Village has established separate Plans for the members of the Fire Union and for all other full-time Village employees. At a minimum, the Village will apply the value of accrued sick leave (Deposit Value) into an employee's RHS Plan account at retirement. Employees must apply the entire value of accrued sick leave to their Plan account based on the following formula: Deposit Value= Number of sick leave hours (shifts) x hourly dollar value. The dollar value shall be equal to the lowest hourly rate (which includes Performance Bonus) paid to all Village employees eligible to participate in the Plan as of January 1 st for the calendar year in which the employee retires. The hourly rate will be applicable only for the year so calculated. The hourly rate value shall be disclosed to all Village employees after it is calculated for the current year. On an annual basis (January 1 through December 31), employees will be able to convert up to two (2) eight (8) hour days of unused sick time for deposit into their Plan account; providing that they have completed the last calendar year of work without using any sick leave. On an annual basis, employees will be able to convert up to one (1) eight (8) hour day of unused sick time for deposit into their Plan account; providing that they have completed the last calendar year of work without using more than one (1) eight (8) hour day of sick leave. 51 Packet Pg. 597 9.F.d Days converted for deposit into the Plan account are subtracted from the employee's accrued sick leave balance. Conversion of the unused sick day shall not be into vacation leave or paid directly to the employee. The value of the conversion shall be equal to the employee's daily wage and not limited to the wage assigned to the retirement funding value calculated above. Employees who leave the employment with the Village due to disability or death will receive the value of their accrued sick leave under this plan as part of the RHS benefit. The RHS Plan and the applicable details are subject to review and potential for change on an annual basis. In all cases, the terms of the then -applicable Plan documents will govern this benefit program in the event of a conflict with the provisions of this Manual. • Note: Like all benefit programs, this policy is subject to revision from time to time to meet our business demands and the needs of our residents. 13.04 - Medical Certificate A medical certificate when required by a Department Director or Division Director shall consist of a written statement by a qualified physician indicating (if requested and consistent with job requirements): A. The employee has been examined by the physician during the period of absence; B. The symptoms observed or measured by the physician; C. The stated diagnosis and medication and/or treatment prescribed; D. The dates on which the employee is expected to be physically incapacitated from work; and E. Any requests for a reasonable accommodation that may be available to assist the employee in returning to work (if applicable). 13.05 - Temporary Light Duty A full-time employee who is eligible for sick leave or occupational injury leave may be required to and/or may volunteer to return to work for an available temporary light duty assignment if it exists and provided the Village has a business need for the work to be performed at the time. The need and appropriateness of a light duty work assignment shall be determined by the Department Director in consultation with the employee and the employee's physician. An employee on light duty may be assigned to work in any Village department. A light duty assignment generally shall not exceed sixty (60) calendar days and may be terminated by the Village prior to that time limit; unless mutually agreed upon advice of the employee's physician and a Village assigned and paid physician, in consultation with the Department Director. Temporary light duty may be extended by the Department Director. Nothing herein shall be construed to require the Village to create or maintain a light duty assignment for an employee. Employees will only be assigned light duty assignments when the Village determines that the need exists and only as long as such need exists. 52 Packet Pg. 598 9.F.d 13.06 - Family and Medical Leave of Absence OTMLA") Policy Employees that have been employed by the Village of Buffalo Grove ("Village") for at least twelve (12) months (with no break in service of seven (7) or more years except if related to USERRA covered military obligations) and have worked at least 1,250 hours during the 12-month period preceding the start of the leave (which includes all periods of absence from work due to or necessitated by USERRA-covered service), are eligible for up to a total of twelve (12) workweeks of unpaid leave during any rolling twelve (12) month period for one or more of the following reasons: a.Because of the birth of the employees child and in order to care for such child (within twelve (12) months after the birth of the child); b. Because of the placement of a child with the employee for adoption or foster care (within twelve (12) months of the placement of the child); In order to care for the employees spouse, child, or parents if they have a "serious health condition;" d. Because of a "serious health condition" that makes the employee unable to perform the functions of their job; or Because of any "qualifying exigency" (as defined by the Secretary of Labor) arising out of the fact that the employees spouse, child, or parent is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces, National Guard or Reserves in support of a contingency operation. 2. Serious Health Condition. For purposes of this policy, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: a. Hospital Care. Inpatient care in a hospital, hospice or residential medical care facility, including any period of incapacity relating to the same condition; b. Absence Plus Treatment. A period of incapacity of more than three full consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves either: (1) treatment two (2) or more times (within that same period of incapacity and provided the first visit takes place within seven (7) days of the first day of incapacity) by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or (2) treatment by a health care provider on at least one (1) occasion which results in a regimen of continuing treatment under the supervision of the health care provider (first visit to health care provider must take place within seven (7) days of the first day of incapacity); 53 Packet Pg. 599 9.F.d C. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care; d. Chronic Conditions Requiring Treatment. A chronic condition which: requires at least two (2) periodic visits for treatment per year by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; which condition continues over an extended period of time; and may cause episodic rather than a continuing period of incapacity; e. Permanent/Long-term Conditions Requiring Supervision. A period of incapacity which is permanent or long-term due to a condition for which treatment may be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; f. Multiple Treatments (non -chronic conditions). Any period of incapacity to receive multiple treatment (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) full consecutive calendar days in the absence of medical intervention or treatment. 3. Qualifying Exigency Leave. An eligible employee (as defined above), is entitled to take up to twelve (12) weeks of unpaid FMLA leave for any qualifying exigency arising out of the fact that a military member is on covered active duty or called to covered active duty status. The leave described in this paragraph is available during a single twelve (12)- month rolling period, and may be taken on an intermittent or reduced leave schedule basis. Employees will be required to provide a copy of the military member's active duty orders or other documentation issued by the military that indicates that the military member is on covered active duty or call to covered active duty status in support of a contingency operation and the dates of the military member's covered active duty service. Employees may take all twelve (12) weeks of his/her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of twelve (12) weeks of leave for both qualifying exigency leave and leave for a serious health condition (as defined above). With respect to a Qualifying Exigency Leave: a. A "military member" means the employees spouse, son, daughter, son, or parent who is on covered active duty or called to covered active duty status. b. A "qualifying exigency" includes the following broad categories: (a) short notice deployment; (b) military events and related activities; (c) childcare and school activities; (d) parental care; (e) financial and legal 54 Packet Pg. 600 9.F.d arrangements; (f) counseling; (g) rest and recuperation; (h) post deployment activities, including reintegration activities, for a period of ninety (90) days following the termination of active duty status; and, (i) additional categories that are agreed to by the employer and employee within this phrase. C. The phrase "son or daughter" is defined as the employees biological, adopted, or foster child, stepchild, legal ward, or child for whom the employee stood in loco parentis, who is on active duty or called to active duty status who is of any age. (Note: This definition is different from other sections of this FMLA policy). If the exigency leave is to arrange for childcare or school activities of a military member's child, the military member must be the spouse, son, daughter or parent of the employee requesting the leave. d. A "parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when he/she was a son or daughter but it does not included "parents in law". e. Parental care — eligible employees may take leave to care for a military member's parent who is incapable of self -care when the care is necessitated by the military member's covered active duty. Such care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility. f. Rest and Recuperation — eligible employees may take up to fifteen days to spend time with a military member on Rest and Recuperation leave, limited to the actual leave time granted to the military member and supported by the Rest and Recuperation leave orders or other appropriate documentation issued by the military setting forth the dates of the leave. 4. Military Caregiver Leave. Employees that have been employed by the Village for at least twelve (12) months and have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12)-month period preceding the start of the leave, and are a spouse, child (of any age for military caregiver leave), parent or next of kin of a Covered Service member, as defined below, are entitled to a total of twenty-six (26) workweeks of unpaid leave during a rolling twelve (12)-month period to care for the Covered Service member. The leave described in this paragraph shall only be available during a single twelve (12)-month period beginning as of the date the leave commences and ending twelve (12) months after that date (and any unused amounts are forfeited). Military Caregiver Leave may be permitted more than once if necessary to care for a different Covered Service member (or the same Service member with multiple injuries or illnesses) up to a combined total of twenty six (26) workweeks in a rolling twelve (12) month period. Nothing in this paragraph shall be construed to limit the availability of leave under paragraphs la. through le. during any other 12-month period and this twenty six (26) week period of Military Caregiver Leave is in addition to other types of approved 55 Packet Pg. 601 9.F.d FMLA leave. However, an employee's total available leave time in any rolling twelve (12)-month period may not exceed a combined total of twenty-six (26) workweeks (including FMLA time off taken for any other reason). Employees will be required to timely submit the completed paperwork provided to them and available from the Village's Human Resources Director as a condition of receiving approved Military Caregiver Leave. With respect to Military Caregiver FMLA Leave: a. A "Covered Service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy from an injury or illness occurring in the line of covered active duty and/or during covered active duty, who is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, and who was discharged or released under conditions other than dishonorable.I b. "Outpatient status" means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. C. "Next of kin" means the nearest blood relative of that individual (regardless of age). An employee is required to provide confirmation of the relationship upon request. The Service member may designate the blood relative who is considered his/her next of kin; otherwise, the following order generally will apply: blood relatives granted custody by law, brother/sister, grandparents, aunts/uncles, and then first cousins. d. "Serious injury or illness" for a Current Servicemember means an injury or illness incurred by the Service member in the line of duty on active duty in the Armed Forces that may render the Service member medically unfit to perform the duties of the member's office, grade, rank or rating. e. "Serious injury or illness" for a Covered Veteran means an injury or illness that was incurred or aggravated by the member in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran, and is: (1) A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember's office, grade, rank, or rating; OR (2) A physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of fifty percent (50%) or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; OR The time period between October 28, 2009 and March 8, 2013, is not counted in determining the five year period preceding a covered veteran's treatment, etc. Packet Pg. 602 9.F.d (3) A physical or mental condition that substantially impairs the veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; OR (4) An injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. 5. Spouses Employed by the Village. If an employee's spouse also works for the Village and both become eligible for a leave under paragraphs la. or lb. above, or for the care of a sick parent under paragraph lc. above, the two employees together will be limited to a combined total of twelve (12) workweeks of leave in any rolling twelve (12)-month period. In addition, if an employee and their spouse both become eligible for a leave under the Service member Family Leave provision above or under a combination of the Service member Family Leave provision and paragraphs la. through le. above, the two employees together will be limited to a combined total of twenty-six (26) workweeks of leave in any rolling twelve (12)-month period, but if the leave taken by the employee and their spouse includes leave described in paragraphs 1 a. through 1 e. above, that leave shall be limited to a combined total of twelve (12) workweeks of leave in any rolling twelve (12)-month period. 6. Medical Certification. Any request for a leave under paragraphs lc., Id. or under the Service member Family Leave provision above must be supported by certification issued by the applicable health care provider. Employees are required to submit this information on the forms provided to them and available from the Director of Human Resources. Employees will be required to submit a new medical certification form for each leave year for a medical condition(s) that last longer than one year. Additionally, employees are required to submit a recertification of an ongoing condition every six (6) months in connection with an absence where the duration of the condition is described as "lifetime" or "unknown". At its discretion, the Village may require a second medical opinion and periodic recertification to support the continuation of a leave. If the 1st and 2nd opinions differ, a 3rd opinion can be obtained from a health care provider jointly approved by both the employee and the Village (unless the employee accepts the second opinion as determinative). A second medical opinion generally will not be requested for Military Caregiver Leave, but may be requested if the Certification is completed by a health care provider who is not affiliated with the DOD, VA OR TRICARE. 7. Intermittent Leave. If certified as medically necessary for the serious health condition of either the employee or their spouse, child or parent (Paragraphs 1 c and 1 d, above), or to care for a Covered Service member if they are a spouse, child, parent or next of kin to the Covered Service member (Paragraph 3, above), leave may be taken on an intermittent or reduced leave schedule. Intermittent leave also may be taken if employees qualify for leave because of a qualifying exigency as described in Paragraph le, above, subject to the submission of a certification prescribed by the Secretary of Labor. If leave is requested on an intermittent basis, however, the Village may require that the employee transfer 57 Packet Pg. 603 9.F.d temporarily to an alternative position which better accommodates recurring periods of absence or to a part-time schedule, provided that the position offers equivalent pay and benefits. 8. Light Duty Work Assignments. While voluntarily performing in a light duty capacity while on FMLA leave, that time does not count against an employee's twelve (12) week FMLA allotment. In effect, an employee's right to restoration is held in abeyance during the period of time that they are performing in a light duty capacity (or until the end of the applicable twelve (12) month FMLA leave year if longer). 9. Notification and Reporting Requirements. All requests for leaves of absence must be submitted to an employee's Supervisor or the Director of Human Resources at least thirty (30) days in advance of the start of the leave, except when the leave is due to an emergency or is otherwise not foreseeable. If the leave is not foreseeable, the employee must provide notice as soon as "practicable," which generally means either the same day or the next business day that an employee learns of the need for leave, in the absence of any unusual circumstances. A delay in submitting an FMLA leave request may result in a loss of FMLA protections and/or a delay of the start of the leave. The employee's Supervisor will forward the request to the Director of Human Resources for approval. An employee must respond to the Village's questions relative to their leave request so that the Village can determine if the leave qualifies for FMLA protection; failure to do so may result in loss or delay of FMLA protections. If an employee is seeking leave due to an FMLA-qualifying reason for which the Village has previously granted them FMLA- protected leave, the employee must specifically reference the qualifying reason or need for FMLA leave at the time of their request to be away from work. It is not sufficient for an employee to simply "call in sick" without providing additional information which would reasonable cause the Village to believe that their absence/time away from work may qualify as an FMLA qualifying event. In all cases in which an employee is seeking leave under this policy, they shall provide such notice to the Village consistent with the Village's established call -in procedures so long as no unusual circumstances prevent them from doing so. Failure to comply with the call -in procedures may result in a delay or denial of FMLA protected leave. An employee must make an effort to schedule a leave so as not to disrupt business operations. During the leave, an employee may be required to report periodically on their status and their intention to return to work. Any extension of time for an employee's leave of absence must be requested in writing prior to their scheduled date of return to work, together with written documentation to support the extension. An employee's failure to either return to work on the scheduled date of return or to apply in writing for an extension prior to that date will be considered to be a resignation of employment effective as of the last date of the approved leave. Employees on leaves for their own serious health condition must provide fitness -for -duty releases from their health care provider before they will be permitted to return to work. An employee's maximum time on a leave of absence, all types combined, and including all extensions, cannot exceed a total of twelve (12) weeks in a rolling twelve month period, unless the employee is a spouse, child, parent, or next of kin on leave to care for a Covered Service member, in M. Packet Pg. 604 9.F.d which case the leave may last for up to twenty-six (26) workweeks in a rolling twelve (12) month period. An Employee shall not be granted a leave of absence for the purpose of seeking or taking employment elsewhere or operating a private business. Unauthorized work while on a leave of absence will result in disciplinary action, up to and including discharge. A leave of absence will not affect the continuity of an employee's employment. An employee's original date of employment remains the same for seniority purposes. However, the employee may not accrue any benefits during the period that they are on a leave. 10. Employee Benefits DuringFmily and Medical Leave of Absence. Employees will be permitted to maintain health and dental insurance coverage for the duration of the leave under the same conditions coverage would have been provided if they had remained actively at work. However, the employee must make arrangements for the continuation of and payment of insurance premiums before they go on leave status. If an employee does not return to work after the leave, or if they fail to pay their portion of the premiums, they will be required, under certain circumstances, to reimburse the Village for the costs and expenses associated with insuring them during the leave. 11. Return From a Family and Medical Leave. If an employee returns from leave on or before being absent for twelve (12) workweeks in a rolling twelve (12) month period or twenty-six (26) workweeks if they took a leave under the Service member Family Leave provision, they will be restored to the same or to an equivalent position to the one they held when the leave started. Of course, employees have no greater right to reinstatement or to other benefits and conditions of employment than if they had been continuously employed during the FMLA leave period. In determining whether a position is "equivalent" the Village will look at whether the position had substantially similar terms and conditions of employment and whether the position entails similar duties, skills, efforts, responsibilities, authority, privileges and status. The alternative position should be at the same worksite or a nearby worksite with a similar work schedule. However, the employee does not need to be reinstated in a position with the same job title or in the same physical office or cubicle as the prior position. If the leave was due to an employee's own serious health condition, they will be required to submit a fitness -for -duty certification from their health care provider in accordance with the Village's normal policies and practices applicable to other leaves of absence, certifying that the employee is able to resume work and perform the essential functions of the job (either with or without a reasonable accommodation). A list of the essential job functions will be made available to the employee for compliance with this requirement. If a reasonable job safety concern exists, the employee may also be required to provide a fitness for duty certification up to once every thirty (30) days before returning from an intermittent or reduced schedule FMLA leave related to the employees own serious health condition. Generally, a returning employee will be permitted to return to work within two (2) business days of the Village's receipt of a valid fitness for duty release. 59 Packet Pg. 605 9.F.d If an employee fails to return to work at the expiration of their approved Family and Medical Leave, it will be considered to be a resignation of their employment with the Village. Likewise, an employee on FMLA leave who provides notice of their intent not to return to work upon expiration of a leave will lose their entitlement to FMLA leave and related benefits. 12. Key Employees. Certain highly compensated key employees may be denied reinstatement when necessary to prevent "substantial and grievous economic injury" to the Village's operations. A "key" employee is a salaried Employee who is among the highest paid ten percent (10%) of Employees of the Village. Employees will be notified of their status as a key employee, when applicable, after they request a Family and Medical Leave. 13. Coordination with Other Policies. An employee must substitute any accrued paid vacation days, personal time, and sick days (if they otherwise qualify) for unpaid leave under this policy, and any such paid time off must be taken concurrently with the employees Family and Medical Leave. If an employee otherwise qualifies for disability pay, they will collect it at the same time that they are on unpaid Family and Medical Leave. The Village and employee MAY agree, where state law permits, to supplement the disability plan benefits with paid leave. For example: where a disability pay plan only provides for a portion of the income replacement, the remaining unpaid portion of the leave may be charged against any earned time off benefits of the employee. Further, if an employee otherwise qualifies for any other type of leave of absence, they must take that leave at the same time as they are taking their Family and Medical Leave. All time missed from work that qualifies for both Family and Medical Leave, and for workers' compensation, will be counted toward the employees Family and Medical Leave. To receive any type of paid time off benefit while on FMLA leave, an employee is required to meet the Village's conditions for taking the paid leave (although the Village may in its discretion waive any procedural requirement for the paid leave in appropriate circumstances). 14. As used in this Policy, the word "spouse" includes those employees who are in a Civil Union recognized by Illinois law. 14. Anti -Retaliation Provisions. No retaliation will be taken or tolerated against any employee who exercises his/her rights under the Village's FMLA policy. If an employee feels that they have been the victim of any discrimination or retaliation under this Policy, they are encouraged to contact the Village's Director of Human Resources at (847) 459- 2549 so that the matter can be promptly investigated and remedied as appropriate. 60 Packet Pg. 606 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 14.00 SPECIAL LEAVE Chapter 14.00 - Special Leave Sections: 14.01 Approval Authority 14.02 Bereavement Leave 14.03 Child Bereavement Leave 14.04 VESSA Leave 14.05 School Visitation Leave 14.06 Court Leave 14.07 Voting Leave 14.08 Military Leave 14.09 Nursing Mothers in the Workplace 14.10 Military Training Leave of Absence 14.11 Family Military Leave of Absence 14.12 Leave of Absence Without Pay 14.13 Occupational Injury Leave 14.14 Absence Without Leave 14.01- Annroval Authorit A Department Director may approve requests for special leave as defined hereinafter in accordance with procedures established by the Village Manager (or designee). Unless otherwise provided in this Chapter, employees with six (6) months or less of service generally may apply for special leave without pay. Employees with more than six (6) months of service may apply for special leave with pay. Exceptions will be considered only on a case -by -case basis for employees with disabilities. 14.02 - Bereavement Leave Bereavement leave may be granted for a maximum of three (3) working days to all full-time and part-time employees and for a maximum of one (1) twenty four (24) hour shift to sworn fire personnel assigned to shift duty, in the event of a death in the employee's "immediate family." In extenuating circumstances, the Village Manager (or designee) may approve leave in case of death of others not covered by the definition of "immediate family" on a paid basis. For purposes of this policy, the phrase "immediate family" is defined at Section 2.39 above. When a death occurs in the immediate family of an employee, the individual department may send flowers, or make a contribution in lieu of flowers, in the name of the Village of Buffalo Grove. Any additional flowers or contributions from the Department or from individuals will be done on the basis of individual contributions and not from budgeted funds. 14.03 - Child Bereavement Leave If an employee is eligible for leave under the Family and Medical Leave Act ("FMLA") and suffers the death of a child, in addition to the three (3) paid days of bereavement leave, the employee will be eligible to take an additional seven (7) days of unpaid bereavement time 61 Packet Pg. 607 9.F.d following the death of the employee's child to: (1) attend the funeral or alternative to a funeral of a child; (2) make arrangements necessitated by the death of the child; or (3) grieve the death of a child. Employees may be entitled to up to 6 weeks of bereavement time in the event of the death of more than one child during a twelve-month period. Child Bereavement Leave may not be taken in addition to unpaid leave permitted under the FMLA, and may not exceed unpaid leave time allowed under the FMLA. Employees taking unpaid leave due to the death of a child are permitted to take any accrued paid leave concurrently, but will not be required to do so. 14.04 - VESSA Leave Under the Illinois Victims' Economic Security and Safety Act (VESSA), employees may take up to a total of 12 workweeks of unpaid leave from work during any rolling 12 month period in order to address matters involving domestic or sexual violence as provided for under Illinois law. Eli0bility Generally, to be eligible for VESSA leave, employees must either be a victim of domestic or sexual violence (as defined in the law) or a family or household member of such a victim. Leave may be taken for the following reasons: *To seek medical attention or treatment; *To seek psychological or other counseling; *To obtain victim services; *To participate in safety planning or relocation for safety reasons; *To seek legal assistance; and/or *To participate in a related court proceeding. T,PavP Time If employees need to take a leave of absence under VESSA or require a reasonable accommodation, they should speak with their Supervisor so that the Village can discuss the employee's request and how the Village can best schedule the employee's work. If employees are applying for VESSA leave for a condition that also qualifies for FMLA leave, the leave time will also count as FMLA leave and will run concurrently with FMLA leave. If employees are entitled to take paid or unpaid leave other than FMLA leave, they may choose to use any period of that paid or unpaid leave while taking VESSA leave, but will not be required to do so. VESSA leave may be taken intermittently or on a reduced work schedule. Notice Required Employees must provide their Supervisor with advance notice (at least 48 hours) of their intention to take VESSA leave if they have advance notice of the need for the time off. If such notice is not possible, employees must notify management as soon as is practicable. 62 Packet Pg. 608 9.F.d Certification Required If employees are eligible for VESSA leave and seek to use it, they must provide their Supervisor with certification (a sworn statement) that: (a) states that the employee or their family member is a victim of domestic or sexual violence; and, (b) includes the employee's reason(s) for taking the leave. In addition to the sworn statement, employees also must provide corroborating information to support the need for their leave, such as documentation prepared by a victim services organization, attorney, clergy member, medical or other professionals who provided assistance to the victim; police or court records; or other corroborating evidence. The supporting documentation may be submitted as it becomes available. Certification must be provided within a reasonable time (generally no later than 18 days) following the request by a supervisor, manager or Human Resources representative. In addition, while on leave, employees may be required to report periodically on their status and intention to return to work. Emulovment and Benefits Time off that is approved under this policy is unpaid, and the time spent on VESSA leave will not be considered or counted as "time worked" for the purposes of accruing or earning employment benefits. However, employees will be permitted to maintain health insurance coverage for the duration of the leave under the same conditions coverage would have been provided had they remained actively at work. If employees fail to return from VESSA leave, for reasons other than the continuation or recurrence of domestic or sexual violence (or other circumstances beyond your control), they are required to repay the premiums that the Village paid on their behalf while the employees were on leave. Upon employees' return from VESSA leave, they are generally entitled to restoration to their position of employment or to a substantially equivalent position with substantially equivalent employment benefits, pay, and other terms and conditions of employment. However, please understand that employees will not have any greater rights to their position than if they had been continuously working and not on VESSA Leave. If employees claim they are unable to return to work because of the continuation, recurrence or onset of domestic or sexual violence or other circumstances beyond their control, they may be required to provide certification (a sworn statement and proper documentation) that they are unable to return to work because of that reason. Confidentiality All information that employees provide to the Village under the notice and certification requirements in this policy, as well as the fact that they have requested or obtained leave, will be retained by the Village in the strictest confidence, except to the extent that disclosure is requested or consented to by you in writing, or otherwise required by law. 14.05 - School Visitation Leave An employee who works in Illinois, who has been employed by the Village for at least six consecutive months and works at least 20 hours per week, may take a total of eight hours of unpaid leave during any school year to attend school conferences and classroom activities of his or her children, if the conference or activity cannot be scheduled during non -working hours. No 63 Packet Pg. 609 9.F.d more than four hours of leave may be taken in any one day. Employees must exhaust all available paid time off and other available leave (except sick and disability leave) for school visitation before being eligible for unpaid school visitation leave. Before arranging attendance at the conference or activity, an employee must provide the Village with a written request for leave at least seven days in advance of the time it will be taken; however, in emergencies, no more than 24 hours' notice is required. Employees must consult with their supervisors to schedule the leave so as not to unduly disrupt the Village's operations. The employee will not be required to make the time up, but it can be agreed upon to do so. As a condition of being granted school visitation leave, employees must provide a verification statement (in accordance with and as defined by applicable Illinois law) from the school within two working days of the school visitation, if requested by the Village. 14.06 - Court Leave A full-time employee subpoenaed as a witness in a civil or criminal case (where the employee is not a party), or selected to serve on a jury may be granted paid leave during his/her absence; provided, however, that he/she provides the Department Director with a certificate evidencing that he/she appeared and served as a juror or submit a copy of his subpoena if a witness and shall remit to the Village any juror or witness fees in order to receive pay for such jury service and related travel expenses. All payments provided by a court or party for jury or witness service shall be turned over to the employee's Department Director within two (2) weeks of returning from the leave. The payment shall be transmitted to the Director of Finance for deposit. An employee may not be paid for any such hours if the employee's request for time off relates to any case in which the employee is a party. Once, the employee's testimony is complete, he/she shall return to work for the remainder of his/her work shift unless otherwise instructed by the Department Director or his/her designee. 14.07 - Votin2 Leave Full-time employees who live at such distances from the Village or who work such hours as to interfere with the open polling periods for voting in federal, state, or municipal elections may receive up to two (2) hours off work with pay for the purpose of voting. Requests must be submitted to Department Director at least three (3) business days prior to the election. Where practical, leave must occur during the first two (2) hours of the employee's scheduled shift. This policy will be construed pursuant to State law. 14.08 - Military Leave A. Eligibility: Employees leaving the service of the Village for the express purpose of entering the active uniformed service or training of the United States armed forces or the Illinois State Militia during a national or state emergency, drafted into such service or employees subject to compulsory service who voluntarily enlist and/or as otherwise permitted by law, shall be granted a military leave of absence without pay in accordance with applicable law. The term "uniformed service" as used herein shall include the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, Illinois State Militia and all auxiliary branches of said services in which either men or women shall be called to service, but 64 Packet Pg. 610 9.F.d generally shall not include services as civilian employees of any of the services, except as provided by law. The term "national emergency" as used herein shall exist during such period as determined by the State and/or Federal government. B. Re-employment: An employee returning from military leave shall be entitled to re- employment benefits in accordance with applicable law. C. Salary: An employee returning from military leave may be reemployed at the same rate of pay he/she had attained, plus any adjustments that would have occurred if employee were not on leave, if applicable, when granted a military leave. Any employee reemployed shall be eligible for a merit increase upon completion of one (1) year of service which shall include his time between his last merit increase and the date military leave was granted to him/her. D. Disposition of Vacation and Sick Leave: An employee who leaves the municipal service directly for such military leave, may elect to be paid for any accrued vacation as he/she may be entitled to if he were actually separating from the Village service. His/her decision shall be noted on the personnel action form affecting the leave. If the employee elects not to be paid for vacation leave, then accrued vacation credits shall be reinstated upon return of the employee. Accrued sick leave shall be reinstated upon return of the employee in either case. Employees may be entitled to time off, benefits, payments and re-employment rights in accordance with the then -applicable state, federal and local laws. 14.09 - Nursing Mothers in the Workplace The Village provides reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. This break time will, if possible, run concurrently with any break time already provided to the employee. The Village shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, for the employee to express breast milk. 14.10 - Military Training Leave of Absence The Village complies with all applicable state, federal and local laws regarding military leave, benefits and reinstatement. 14.11- Family Military Leave of Absence The Illinois Family Military Leave Act provides for unpaid leave for the families of military personnel. To be eligible, an employee must work for the Village in Illinois, be the spouse or the parent of an individual called to military service of at least 30 days in length by the State of Illinois or the United States, have been employed by the Village for at least 12 months, and have been scheduled to work at least 1,250 hours during the 12-month period immediately preceding the commencement of leave. 65 Packet Pg. 611 9.F.d Eligible employees will be provided with up to 30 days of protected, unpaid leave. Family Military Leave may also be taken intermittently. The Village may require certification from a proper military authority to verify employees' eligibility for family military leave. Before taking family military leave, employees must exhaust their earned paid time off such as vacation time and personal days. The Village requires as much foreseeable notice of the leave as possible and reserve the right to schedule the leave so as not to unduly disrupt the Village's operations. If employees' leaves will extend over five (5) or more consecutive work days, the Village requires at least fourteen (14) days' notice of the intended leave. During a Family Military Leave, employees' health, dental and life insurance benefits will continue under the same conditions that existed prior to the leave provided that the employees continue to pay their premiums on a timely basis during their leave. Employees will be restored to the position they held when the leave commenced or to a position with equivalent terms and conditions of employment. 14.12 - Leave of Absence Without Pay A. Full-time employees may be granted leave of absence without pay for personal reasons when recommended by a Department Director and approved by the Village Manager (or designee) for compelling personal circumstances which are deemed reasonable by the Department Director and Village Manager (or designee). The Village Manager (or designee) shall establish the terms and conditions of such leave. B. Requests for leave of absence without pay must be submitted in writing and shall specify the reasons for the requested leave. Leave may be extended beyond that originally approved, but in no event shall the original leave and any extensions exceed twelve (12) consecutive calendar months. The only exception is as required by law to reasonably accommodate an individual with a disability or handicap. C. Requests for time off, including any extensions, must consider the possibility of part- time employment with the Village during the leave period. D. Employees granted a leave of absence without pay may be able to maintain their medical and dental insurance coverage, via COBRA, during their leave by arranging to pay the premiums during the period of their leave. If a benefit is canceled, the rules and regulations of the carrier and any applicable laws shall apply when the employee returns and seeks such coverage. E. An employee's anniversary date shall change to the date of when the employee returns from leave. F. Employees requesting a leave of absence without pay must be aware that any position may be eliminated or substantially changed. Therefore, absolute assurance of reinstatement cannot be given. However, the Village will consider placing the former employee in a suitable position to be determined by the Village if a position exists for which the employee is qualified upon expiration of a scheduled and approved leave of absence. .. Packet Pg. 612 9.F.d G. Employees returning from a leave of absence without pay generally will return at the same rate of pay held at the time the leave commenced, including any cost of living adjustments if applicable, unless substantial change in the position or placement in another position has occurred. H. Failure of an employee to report for duty within three (3) working days of the scheduled expiration of leave shall result in termination due to voluntary job abandonment. 14.13 - Occupational Injury Leave Any employee who sustains an on the job injury or illness shall report such injury or illness, regardless of severity, to his immediate Supervisor prior to the end of their assigned work day or as soon as is practicable. The immediate Supervisor will prepare required reports of such injuries as soon as practical following notification by the injured employee (and in no event later than the end of the work shift following notification). If the immediate Supervisor is not available, employees should report their injury to the Human Resources Department. The Village will not discipline employees for reporting a workplace injury or illness. No Supervisor, Human Resources Department representative, or member of management may discourage any employee from reporting an injury or illness. Employees injured on the job are covered by the Illinois State Workers' Compensation laws. This law provides specific benefits. Presently, it is the policy of the Village to provide compensation to an employee injured on the job which, together with workers' compensation payments, equal the full salary of the employee, until the employee becomes eligible for other disability benefits, pursuant to the Illinois Public Employees' Disability Act. If this policy/benefit changes, we will notify the employees promptly. Supervisors shall be responsible for the investigation of accidents or injuries involving employees assigned to their work unit. Every effort shall be made to determine the causes of accidents or injuries and take preventive measures as appropriate. Employees who are off of work due to a work related injury are prohibited from working in any other position for any other employer. NOTE: Employees on leave under this Policy may not accept employment with any other employer unless the employee obtains prior written approval from management authorizing work during the specific leave period. 14.14 - Absence Without Leave Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action, up to and including dismissal by the Department Director. In the absence of such disciplinary action, any employee who is absent for three (3) or more days without authorized leave shall be deemed to have voluntarily resigned. When extenuating circumstances are found to have existed (as determined by management), leave may be granted retroactively upon recommendation by the Department Director and approval by the Village Manager (or designee) in accordance with the Village's FMLA policy only. M Packet Pg. 613 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 15.00 INSURANCE AND RETIREMENT PLANS Chapter 15.00 - Health and Life Insurance and Retirement Plans Sections: 15.01 Health and Life Insurance 15.02 Retirement Plans 15.03 Continuation of Benefits (COBRA) 15.04 Continuation of Benefits Upon Retirement 15.01- Health and Life Insurance A Standard Measurement Period (SMP) of January 1 through December 31 of each year is established by the Village as the look back period used to determine whether an employee has worked an average of at least 30 hours per week. If an employee averaged at least thirty (30) hours of work per week during the preceding SMP, that employee is considered full-time (for purposes of health insurance eligibility only) for the duration of the Village's Stability Period defined as January 1 through December 31. If an employee averaged less than thirty (30) hours of work per week during the preceding SMP, the employee is considered part-time for the duration of that same Stability Period. If an employee's hours change such that his or her status changes from full-time to part-time or from part-time to full-time during the Village Stability Period, no changes will occur in insurance designation in either case. For example, an employee is determined to be full-time during the SMP and elects to enroll in the Village's insurance. If his or her hours drop substantially and he or she essentially becomes part-time again, he or she will remain classified as a full-time employee for the purpose of healthcare reform and may remain enrolled in insurance until the stability period has ended. After such time, he or she may be eligible for COBRA. The Village has established an Administrative Period from November 1 through December 31 of each year during which time an employee who is deemed to have worked an average of at least thirty (30) hours per week during the preceding SMP may decide whether or not to enroll in the Village's insurance. This will provide time for the Village to administer the enrollment of such employees. Eligible Full-time employees will be enrolled in the Village's group life, dental, and medical insurance program in accordance with the terms and details of the then -applicable plan documents. Eligible dependents (including individuals in a civil union recognized by Illinois law) will be enrolled in the Village's medical and dental insurance program. Like all Village benefit programs, the terms and details and eligibility requirements of our insurance programs are under periodic review and may be changed for business or financial needs. Employees are encouraged to contact the Human Resources Department and/or to review the plan documents if there are questions about the benefits or eligibility requirements. In the event of a conflict between a summary in this Handbook and the plan documents, the plan documents that are then applicable will govern. W. Packet Pg. 614 9.F.d 15.02 - Retirement Plans Full-time employees, part-time employees and seasonal/temporary employees who meet established eligibility criteria, will be enrolled as a participating member of an appropriate Village retirement plan when eligible in accordance with the remaining terms of the then applicable retirement plan. Consult the plan documents for further details. 15.03 - Continuation of Benefits (COBRA A. Under the provisions of The Consolidated Omnibus Reconciliation Act of 1986, as amended ("COBRA"), employees and/or their eligible dependents may elect to continue their group health insurance coverage if they meet applicable eligibility requirements. B. The employee or dependent is responsible for notifying the Village that one of the qualifying events has occurred and the employee or dependent may be responsible for paying up to one hundred two percent (102%) of the premium as provided by law. C. Generally, coverage may be continued for up to eighteen (18) months. The employee and dependent(s) have up to sixty (60) days from the date that coverage would end, due to the occurrence of one of the qualifying events mentioned above, to inform the Village that they wish to continue any of the group health benefits. D. Continuation coverage may extend from eighteen (18) months to twenty nine (29) months for an individual who is disabled (as defined by the Social Security Administration) at the time of termination or based upon a reduction of hours, provided that individual has given notice of the disability within sixty (60) days of the Social Security determination and requested the extended continuation period before the end of the first eighteen (18) months. E. COBRA also provides that continuation coverage will end for any of the following: 1. The cost of continued coverage is not paid on or before the date it is due; or 2. The covered person becomes eligible for Medicare; or 3. The covered person becomes covered under another health care plan; or 4. The plan terminates for all employees. Note: This section will be construed in accordance with the applicable law. 15.04 - Continuation of Benefits Upon Retirement Under the terms and conditions of the Illinois Pension Code, eligible retired employees and their qualified dependents may continue to participate beyond the time limit as provided under COBRA, at their own expense, in the Village's health insurance program. Eligible dependents may maintain coverage if they continue to be eligible at the time the retiree becomes eligible for Medicare coverage. 69 Packet Pg. 615 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 16.00 SEPARATION AND DISCIPLINARY ACTIONS Chanter 16.00 - Separation and Disciplinary Actions Certinnc- 16.01 Resignations 16.02 Termination 16.03 Return of Village Property 16.04 Standards of Conduct 16.05 Disciplinary Actions 16.06 Reduction in Force - Layoff 16.07 Retirement 16.08 Exit Interviews 16.01 - Resignations Employees may resign from the municipal service, for any reason, by presenting their resignation in writing as contained herein. Department and Division Directors should present notice of resignation no less than four (4) weeks prior to its effective date. All other employees should present such notice of resignation no less than two (2) weeks prior to its effective date. Resignations shall be promptly forwarded to the Village Manager (or designee). A resignation once submitted is considered irrevocable and as such may only be withdrawn by the employee with the approval of the Village Manager (or designee) and Department Director due to extraordinary circumstances. If triggered by any other provision of this Manual, a resignation is effective upon the event which caused the resignation even in the absence of written notice from the employee. The Village reserves the right to escalate the effective date of a resignation in appropriate cases. 16.02 - Termination Employees may be discharged at any time and for any reason, including for "cause" such as: due to unsatisfactory performance, violation of Village rules and regulations, inability to perform the essential functions of their position with or without a reasonable accommodation, lack of funds, curtailment of work, or any other reason deemed sufficient by the Village. Unless provided otherwise in a written collective bargaining agreement between the Village and the covered employee, all employees are employed without a specific term or duration and both the Village and the employee may end their relationship at any time and for any reason. 16.03 - Return of Village Property Employees separating from the municipal service for any reason shall, prior to separation, return all Village owned or leased property and equipment in his/her possession and repay any outstanding debts owed to the Village (e.g. computer, tuition reimbursement, loan, etc.). 16.04 - Standards of Conduct It shall be the duty of all employees to maintain high standards of conduct, cooperation, efficiency, and economy in their work for the Village. Department Directors and Supervisors 70 Packet Pg. 616 9.F.d shall attempt to organize and direct the work of their units in a manner calculated to achieve these objectives. Whenever conduct of an employee falls below a desirable standard, Supervisors may point out, via oral and/or written reporting, the deficiencies at the time they are observed. Corrections and suggestions should be made in a constructive and helpful manner in an effort to elicit the cooperation of the employee. In certain circumstances and for particular employees, such as in the presence of co-workers or the public, it may not be appropriate to point out the deficiencies when they are observed. Any action or omission which could or does reflect discredit upon the municipal service or is a direct or indirect hindrance to the operations of the Village government shall be cause for disciplinary action, up to and including dismissal for even the first offense (if deemed appropriate). Circumstances constituting reasons for disciplinary action include but are not limited to the following. This list is not all inclusive and discipline may not be appropriate in all cases: A. Failure to follow any federal, state, or Village law, rule or regulation while on duty or while in or on Village property, or engaging in unlawful activity while on duty or while in or on Village property. B. Theft, participating in a theft or attempted theft of Village property or property of any employee, resident, or visitor to the Village. C. The on duty use or illegal handling/possessing of alcoholic beverages or controlled substances, as previously defined in this Manual or any other violation of any applicable drug or alcohol policy. D. Conviction of a crime involving on or off duty misconduct for which records have not been expunged or sealed (the Village will consider the nature of the offense, date of the offense, and employees' job duties). E. Offensive, inappropriate or negative attitude, conduct or language directed toward the public (and/or in their presence). F. Dishonesty, lying, embezzlement, falsifying any Village records (including employment application materials, no matter when it is discovered), falsely reporting any act or transaction or attempting to defraud the Village or a resident by any means, including making false or fraudulent statements regarding sick pay, leave, overtime, workers' compensation or insurance claims, falsifying financial records, falsifying or padding time records, or falsifying or padding expense reports. G. Willful or reckless damage of Village property or property of others. H. Fighting with, threatening or assaulting Supervisory personnel or any other employee, resident, or visitor to the Village. I. Engaging in horseplay. 71 Packet Pg. 617 9.F.d J. Failing or refusing to cooperate with the Village, such as in an investigation of a violation of the Village's policies, an incidence of violence, or other conduct harmful to the Village, its employees, business or its property, or the concealment of or failure to report the occurrence of any violation of any Village rules. K. Signing or swiping in or out for another employee or letting someone else sign or swipe in or out for you. L. Incompetence, negligence, inefficiency, failure or inability (with or without a reasonable accommodation if disabled) to perform the essential job duties required of the employee's position or class. M. Damage or negligence in the care and handling of Village property. N. Violation of any lawful official regulation, departmental rule or a superior's directive amounting to an act of failure to follow directive, failure to perform, insubordination, including where such an act or inaction could or does result in loss or injury to the Village, the Village's property or to the public. O. Failure to do work assigned. P. Repeated absenteeism or tardiness. Q. Extending breaks or meal periods without authorization and/or not taking breaks or meal periods at scheduled times. R. Leaving job during working hours without permission. S. Violation of any of the provisions of the personnel rules, Village ordinances or any applicable administrative regulation of the Village (including revisions thereto). T. Inducing, encouraging or attempting to induce any officer or employee in the municipal service to commit an illegal act, to act in violation of any lawful departmental or official regulation or order, or to participate therein. U. Solicitation, request, receipt or participation in any fee, gift, or other valuable thing that is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons. V. Use or attempted use of political influence or bribery to secure advantage in an examination, transfer, evaluation and/or promotion. W. Failure to pay just debts due or owing, including taxes, licenses, or fines due the Village, or failure to make reasonable provision for the future payment of such debts.. X. Absence from duty, including emergency or after hours work when the employee is "on call", without approval and in accordance with the leave provisions of this Manual, including "leave earlies" and tardiness (except as provided by an approved FMLA leave). 72 Packet Pg. 618 9.F.d Y. Excessive or unreasonable use of Village telephones, network resources, electronic devices or other equipment for the conduct of personal business during working hours, or for unauthorized long distance calls. Z. Claiming sick leave under false pretenses or otherwise misrepresenting reason for time off or use of other benefits. AA. Failure to maintain a satisfactory attendance record, except in accordance with the FMLA (or agreed upon accommodation provision for disabled individuals). BB. Unwelcome sexual advances, requests for sexual favors, any verbal or physical conduct of a sexual nature or where such behavior interferes with the work performance or environment of employees, Village officials or the public, and/or any other violation of the Village's published anti -harassment policy. CC. Violation of the Village's EEO Policy. DD. Violation of the Village's Anti -Violence Policy. EE. Violation of the Village's Social Networking Policy. FF. Falsification, including misrepresentation (or omission) of Village Records, no matter when discovered. GG. Unauthorized sleeping on the job, including excessive or extended period(s) of closed eyes on working time. HH. Violation of departmental rules and regulations, standard operating procedures, general orders, and/or departmental directives. IL Unauthorized possession, use or copying of any records that are the property of the Village. JJ. Repeated or chronic violation of the Village's policies or guidelines. KK. Any other conduct deemed directly or indirectly harmful to Village residents. 16.05 - Disciplinary Actions It shall be the responsibility of the employee's Supervisor and/or the Department Director, as applicable, to document and record any and all violations of the Standards of Conduct by any employee. Documentation of infractions shall be retained in the employee's personnel file and under the jurisdiction of the Human Resources Director. Disciplinary action may involve any of the following. This list is not all-inclusive and steps may be skipped within the discretion of management and/or language within a collective bargaining agreement, if applicable, based on the circumstances involved: 73 Packet Pg. 619 9.F.d A. Oral Reprimand: A verbal warning to the employee that if his/her actions continue, a written reprimand will be transmitted to the employee and Department Director. The oral reprimand will be documented for reference. B. Written Reprimand: A written reprimand shall be transmitted through the appropriate Department Director or his/her designee to the employee and/or the Village Manager (or designee) and shall summarize the specific actions leading to the reprimand. C. Suspension: Suspension is the temporary removal from duty status either with or without pay of an employee for cause. Suspension may be imposed by the Department Director or his/her designee. The Department Director and/or Division Director shall notify the Village Manager (or designee) and Director of Human Resources prior to the imposition of any suspension when practical. 1. An employee may be suspended for an indefinite period when the Department Director determines such action is appropriate and/or in the best interests of the Village in cases where an employee is charged and awaiting trial for a criminal offense involving matters prima facie prejudicial to the reputation of the Village. Such action will not be based on arrest record alone. 2. When an employee has acted or is alleged to have acted in a manner which would appear to be reason for dismissal, the employee may be suspended for a period generally not in excess of one (1) month while such charges are investigated. 3. Whenever an employee is suspended pending internal or external investigative outcomes and is subsequently exonerated, the employee may be reinstated without loss of pay or benefits as determined by the Village. 4. Subject to the provisions of the Fair Labor Standards Act, an employee may be suspended for a period not to exceed one hundred eighty (ISO) calendar days for specific reason with Village Manager (or designee) approval. D. Demotion: An employee may be moved to a position in a class with a lower maximum salary rate for unsatisfactory performance or misconduct. Demotion shall be recommended by the Department Director and approved by the Village Manager (or designee) and Director of Human Resources. E. Dismissal: Dismissal may be recommended by the Department Director and normally subject to approval by the Village Manager (or designee) and the Director of Human Resources. Dismissals shall be carried out by the Department Director and Director of Human Resources and/or his/her/their authorized designee(s). F. Sworn fire department personnel are governed by the State of Illinois Fireman's Disciplinary Act. 16.06 - Reduction in Force - Layoff A Department Director may separate any employee without prejudice and without prior notice because of legitimate business reasons including (without limitation) lack of funds or curtailment 74 Packet Pg. 620 9.F.d of work. However, no regular employee shall be laid off from any department while there are probationary, part-time, or temporary employees serving in the same or related classes of positions in that department unless there is a business need to do so. An appointing authority may, with the approval of the Village Manager (or designee), appoint an employee who is to be laid off to any existing vacancy in a lower class for which he is qualified, assuming there is such a need. All other factors being equal, the Village shall generally lay-off employees in reverse order of their total service with the Village. The Village reserves the right to deviate from this custom when practical, economic or organizational factors prohibit such action. 16.07 - Retirement All eligible regular employees may apply for retirement benefits at age and length of service requirements specified by the retirement plan in which they are enrolled. Applicants for retirement shall follow the procedure as set forth in Section 16.01 and must also contact the payroll department to complete appropriate retirement plan procedures. The terms and eligibility requirements set forth in the plan documents and any applicable law(s) will govern. 16.08 - Exit Interviews Exit interviews may be conducted by the Village Manager (or designee), Department Director and/or Director of Human Resources. A report of the exit interview shall be placed in the employee's personnel file and normally will be reviewed with the Department Director. The employee's final paycheck, including the payment of accrued vacation time and other applicable leave time, will generally be processed for payment with the next available payroll cycle. 75 Packet Pg. 621 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 17.00 EMPLOYEE SAFETY AND DEVELOPMENT Chanter 17.00 - Employee Safety and Development gertinnc- 17.01 General 17.02 On the job Safety 17.03 Training and Development 17.04 Uniform Clothing Provisions 17.05 Attitude and Appearance 17.06 Service Recognition 17.01- General The Village Manager (or designee) in cooperation with Department and Division Directors along with the Village's Executive Safety Committee shall be responsible for the development and administration of programs relating to employee safety and development. This shall include providing for the general health and safety of Village employees as well as other matters concerning employee relations. 17.02 - On the Job Safety A. The Village Manager (or designee) shall make reasonable efforts to promote among employees and in the departments maximum standards for on the job safety. All employees shall be responsible for performing work assignments in the safest manner possible. Prime consideration shall always be given to safety in all work situations. The Village may require an employee to undergo a medical examination by a doctor of the Village's choosing and at the Village's expense when the employee's Department Director reasonably believes, based on objective evidence, that the employee is unable to perform his/her essential job functions or the employee will pose a direct risk to him/herself or others. B. Supervisors, Division Directors, and Department Directors (or their designees) shall 1. Be responsible for the establishment and implementation of appropriate safety standards within their respective activity areas, for periodically reviewing accident frequencies to determine and correct causes, and for identifying and correcting safety hazards. 2. Ensure that all new employees, including temporary/seasonal, and/or part-time employees are thoroughly advised, instructed, and supervised in necessary safety policies, practices, and procedures. 3. Implement and actively support the Village's safety program. 4. Arrange and conduct safety meetings, inspections, and training sessions. K11 Packet Pg. 622 9.F.d 5. Provide and/or require equipment necessary to adequately protect the health and safety of employees. 6. Promptly investigate accidents, and prepare all necessary forms for documentation and future suggestions for prevention of on the job injuries and hazardous conditions. C. All employees shall: 1. Be thoroughly familiar with safety requirements and practices applicable to their respective work assignments. 2. Actively observe safety practices, and report unsafe or potentially dangerous conditions, work practices and accidents or injuries to their Supervisor immediately. 3. Refrain from engaging in horseplay, wrestling, hazing of co-workers, and any other unsafe practice under penalty of disciplinary action up to and including dismissal. 4. Require all employees under their supervision to comply with all applicable safety rules and practices. 5. Use reasonable precautions in the performance of their duties and act in such a manner as to assure maximum safety to themselves, their fellow employees and the public. 6. Never remove or make ineffective any safeguard, safety device or safety appliance except for the purpose of replacement, repair or adjustment. 7. Keep their work areas clean, orderly and, to the extent possible, free from all recognized safety hazards. 8. Work in appropriate clothing, including footwear, suitable for the type of work being performed and shall wear or use appropriate safety devices or personal protective equipment as provided, or directed. 9. Wear properly fastened seat belts when driving or riding as a passenger in a Village owned vehicle, or in a personal vehicle while on Village business. 10. Comply with all applicable Local, State and Federal traffic laws when operating a Village vehicle or personal vehicle while on Village business. D. Alcohol and Drug Policy for Commercial Driver's License Employees The Village shall maintain policies and procedures for testing Commercial Driver's License (CDL) holders for the misuse of alcohol and controlled substances, as required by the then - applicable laws. The purpose of these policies and procedures is to prevent accidents and 77 Packet Pg. 623 9.F.d injuries. Copies of the Village of Buffalo Grove Alcohol and Drug Testing Policy for Commercial Driver's License Employees will be made available to CDL holders. E. Child Protection Management It is the policy of the Village of Buffalo Grove to actively promote child abuse awareness and sexual misconduct awareness and to implement procedures to provide the highest level of protection to all minors. The Village is committed to preventing child abuse and sexual misconduct to minors while in Village sponsored programs or activities. This policy applies to all employees, public officials, volunteers, and agents of the Village who have any type of regular contact with minors on behalf of the Village. The Village will not tolerate child abuse and sexual misconduct to minors of any kind in Village sponsored programs or activities. All complaints of child abuse and sexual misconduct to minors while in Village sponsored programs or activities are serious and must immediately be reported to the Village Manager (or designee) and the Buffalo Grove Police Department. Additionally, mandated reporters must immediately make a report of a suspected child abuse or sexual misconduct to DCFS by telephoning the statewide DCFS Child Abuse Hotline at 1-800-25-ABUSE. 17.03 - Training and Development A. The Village shall promote the training of its employees so that services rendered to the Village may be more effectively delivered. Training may be at time of recruitment, in- service, specialized, professional or academic. Training shall be determined by the Department Director or their designee. No reimbursement for training shall be made without such approval. B. Expenses for recruit, in-service, specialized and professional training including tuition, registration, fees, supplies, and materials may be reimbursed by the Village. Travel and related expenses may be reimbursed or advanced as noted within these Personnel Rules. Employees pursuing academic instruction will be eligible for reimbursement of tuition and fees only upon completion of course work and according to grade, as provided in these Personnel Rules and detailed below. Training shall be supported by an approved Travel and Training Expense Report, including academic training. As with travel related expenses, all receipts as well as final grades must be submitted in order to qualify for reimbursement. C. The following types of training are offered employees: 1. Recruit Training: Formal training programs which must be completed during the probationary period following original appointment as a prerequisite to continued employment. 2. In Service Training: Training conducted during working hours on an individual or group basis to improve skill performance, introduce new techniques, and/or keep abreast of developments in the employee's field. W. Packet Pg. 624 9.F.d 3. Specialized Training: Attendance of vocational, technical, or professional training programs directly related to municipal service functions. 4. Academic Instruction: Completion, by correspondence or classroom attendance, of course work provided by accredited educational institutions where such instruction will benefit the municipal service. [CONSULT HUMAN RESOURCES TO SEE IF BUDGET ALLOWS DISBURSEMENT FOR THIS PURPOSE] D. With departmental approval, all expenses for recruit, in service, and specialized training including tuition, fees, supplies, and books will be reimbursed by the Village. Travel, lodging, and other related costs will be reimbursed as provided in Chapter 18.00. All reimbursements shall be subject to the availability of budgeted funds designated for such purposes. E. If, after all reimbursement requests are received, the dollar amount of the requests exceeds the funds available for reimbursement, reimbursement will be made on a proportional/pro-rated basis, not too exceed $5,000 annually. Additionally, costs associated with the purchase of course supplies, books, and materials will not be reimbursed. , employees pursuing approved academic instruction are eligible for reimbursement of tuition and fees only upon completion of course work and according to the following schedule. Grade Reimbursement A or B 100% C 50% D or less0% Under no circumstances shall an employee's tuition reimbursement amount exceed the tuition rate as established by Northern Illinois University, for like course work. F. When requests for training and reimbursement exceed funds specifically budgeted for that purpose, partial reimbursement of expenses may be made to employees in order to extend training opportunities to as many employees as possible. 17.04 - Uniform - Clothing Provisions The Village will provide for the required uniform and special clothing needs of its employees, as determined by the Village. These needs may be met by the purchase or lease of the appropriate uniforms and clothing, at the discretion of the Village and subject to applicable departmental policies. The employee will be responsible for proper care and use of clothing and uniforms and the laundering of same, if appropriate. Each department will develop a replacement schedule based upon normal wear and usage. Employee Identification Card Policy All Village of Buffalo Grove employees will be issued an official Village identification card. This card will include a photograph of the individual with their name and title. The 79 Packet Pg. 625 9.F.d identification card is to be carried or worn at all times while the employee is on duty (subject to department specific exclusions) and will be displayed upon request. An employee is not required to display an identification card when such an action would jeopardize the employee's safety, however, the employee will comply with the request as soon as practical if and when it is safe to do so. In lieu of wearing their Village issued identification card, uniformed employees must wear their department issued identification, such as badge and nameplate, on their outer most garment at all times. Non -uniformed employees must wear their identification card in a visible manner while on the Village campus, while visiting any Village building and while conducting Village business no matter the location including, commercial or residential locations within the Village. Any employee who has been issued an identification card must immediately report its loss as soon as the loss is recognized. Access to secure areas of the Village will only be granted to authorized persons, unauthorized persons should be prevented from entry into the secure areas within the Village. Visitors, members of the press, consultants, and technicians will follow the protocols established by each department. Employees observing individuals without a visitor pass or proper identification are responsible for ascertaining the nature of the individual's business and ensuring visitor passes are obtained, if necessary. Any employee who has been issued an identification card must return it upon separation from the Village of Buffalo Grove. 17.05 - Attitude and Appearance A friendly and courteous attitude by Village employees toward the public is required at all times. Similarly, employees are expected to deliver prompt, thorough, and efficient service to the public to the best of their ability. All employees are required to maintain a neat and clean personal appearance including clothing, personal hygiene and grooming appropriate for the position held and in conformance with the established dress code of their individual department. If an employee reports to work in an unkempt or disheveled appearance or uniform, he/she may be sent home without pay and/or otherwise subject to appropriate disciplinary action. 17.06 - Service Recognition Employees who uniquely distinguish themselves through performance or innovation will be honored and recognized by the Village. Upon recommendation of a Department Director and approval of the Village Manager (or designee), such recognition may consist of a plaque, Certificate of Appreciation, or Resolution presented to the employee by the Corporate Authorities. Length of service shall be recognized in the following manner: 5 years of service = Pin 10 years of service = Glassware Set or comparable gift. 15 years of service = Pen Set or comparable gift. FIB Packet Pg. 626 9.F.d 20 years of service = "Choose -Your -Gift" or department selected gift valued at $150.00. 25 years of service = "Choose -Your -Gift" or department selected gift valued at $200.00. 30 years of service = "Choose -Your -Gift" or department selected gift valued at $250.00. 35 years of service = "Choose -Your -Gift" or department selected gift valued at $500.00. 40 years of service = "Choose -Your -Gift" or department selected gift valued at $1,000.00. Full-time and part-time employees shall be included in the service award program. Temporary/seasonal employees are not eligible for a service award under the terms of this program. Presentation of gifts shall be made on the employee's anniversary date. Employees who retire from full-time employment with the Village and subsequently become part-time employees will not be credited with the years spent as full-time employees for the purpose of this policy. FS Packet Pg. 627 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 17.00 EMPLOYEE SAFETY AND DEVELOPMENT Chanter 18.00 - Travel ExDenses Sections: 18.01 Policy 18.02Travel Advances 18.03Reimbursable Expenses 18.04Per Diem Allowance 18.05Non Reimbursable Expenses 18.06Use of Village Vehicles 18.07Use of Personal Vehicles 18.08Vacation Combined with Official Travel 18.09Travel Reimbursement or Repayment of Advance to Village 18.01- Policy The Village of Buffalo Grove shall provide to employees reimbursement for reasonable and necessary travel and related expenses while carrying out official duties, or attending approved professional conferences and training courses. Employees will be expected to exercise good judgment and proper regard for economy when incurring travel and training expenses. The policy is intended to apply to all travel and training situations. Employees and Supervisors are responsible to identify training and professional development opportunities within the nearest proximity to the Village. Out-of-state travel requests must be recommended to and approved by the Village Manager (or designee) in accordance with promulgated rules. 18.02 - Travel Expenses The Village will continue to cover reasonable travel costs. However, we have made some alterations to the policy to address current practices. The following expenses for approved travel may be reimbursed according to established allowances or actual cost and subject to proof that the expenses were actually incurred: A. The Village of Buffalo Grove will no longer provide a travel advance. B. Use of the Village purchase card is required for all travel expenses, unless circumstances require an out-of-pocket expense. All credit card receipts should be kept and attached to the expense report system. If an out of pocket expense is required, the employee shall be reimbursed (with valid receipts). C. If an out of pocket expense is required, the actual costs for reasonable meals and gratuities will be reimbursed as documented by receipt(s). Reimbursement is limited to the appropriate per diem rate (S50 per day) if meal and gratuity expenses incurred by the employee are deemed reasonable, as determined by the Village Manager (or designee). D. The Village will not reimburse the purchase of alcoholic beverages. E. The Village will only pay for meal expenses in the event of overnight travel. Packet Pg. 628 9.F.d F. The Village will not pay for meals if a meal is provided by the event, unless dietary restrictions cannot be met by the sponsoring organization. 18.03 - Use of Village Vehicles Village provided vehicles may be used to travel to destinations up to two hundred (200) miles (one-way) from Buffalo Grove, if approved by the Department Director or Village Manager (or designee). Pre -planned trips beyond two hundred (200) miles are to be approved by the Village Manager (or designee) prior to use. Gasoline purchases are reimbursable when accompanied by a valid receipt. Employee's receiving an automobile allowance from the Village may not use a Village owned vehicle. Exceptions to this policy may be made only by the Village Manager (or designee). 18.04 - Use of Personal Vehicles An employee who uses his/her personal vehicle for any approved business purpose must at all times possess both a valid driver's license and valid automobile insurance. Employees using their personal vehicles for approved Village business may submit for mileage reimbursement pursuant to then applicable Internal Revenue Service guidelines. 18.05 - Vacation Combined with Official Travel Employees wishing to combine a vacation by private vehicle with a business or convention trip, must have their Department Director's written approval. The employee shall be reimbursed for travel to and from the destination as provided by Section 18.03(C). 18.06 - Travel Reimbursement or Repayment of Advance to Village A Travel and Training Expense Estimate Report must be completed not less than ten (10) working days before a scheduled trip. All Travel and Training Expenses Reports must document the estimated and actual expenses incurred and must be approved by the Department Director and Village Manager (or designee) before processing for payment will be authorized. All Travel and Training Expense Reports submitted, whether to return any unused advance or to request reimbursement inust include all receipts. Failure to include receipts may disqualify a reimbursement requested. Any inaccurate reporting of expenses is grounds for disciplinary action, up to and including dismissal. Packet Pg. 629 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 19.00 RECORDS AND REPORTS Chapter 19.00 - Records and Reports Sections: 19.01 Personnel Records 19.02Service Register 19.03Reports 19.04Confidentiality 19.01- Personnel Records The Director of Human Resources in conjunction with the Department of Finance and General Services is hereby designated as the central repository for all non -confidential personnel files and records of the Village. Access will be in accordance with applicable laws. 19.02 - Service Register The Village Manager (or designee) shall cause to be maintained a service register of all employees in the municipal service identifying for each the class title, departmental assignment, salary rate, dates of employment, employment history and such other data as the Village Manager (or designee) deems appropriate. 19.03 - Reports Every appointment, transfer, promotion, demotion, termination, sick leave, vacation leave, and other temporary or permanent changes in the status of employees in the municipal service shall be reported in writing. The Village Manager (or designee) is authorized to prescribe the time, manner, form, and method of making any written report as may be stipulated in any of these rules. 19.04 - Confidentiality Personnel records shall be confidential to the extent provided by law. An employee shall be allowed to review his/her personnel file up to two (2) times during each calendar year during business hours or more frequently if approved by his Department Director. Personnel records shall not be released to a third party unless authorized by the employee or as otherwise required or permitted by law. Medical records shall be confidential and stored in a file separate from an employee's personnel record file (with disclosure on a need to know basis only). Copies of such documents will be made available to the employee upon advance written request at the employee's expense. FIZ Packet Pg. 630 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 20.00 PROHIBITIONS & PENALTIES Chapter 20.00 - Prohibitions and Penalties Sections: 20.011'articipation in Political Activities 20.02Discrimination 20.03No Smoking 20.04Employment of Relatives 20.05Release of Information 20.06Media Relations 20.07Gifts and Gratuities 20.08Anti-Workplace Violence/Bullying — Policy 20.09 - Solicitation, Distribution and Use of Bulletin Boards 20.01 - Participation in Political Activities Except as expressly permitted by the Illinois Local Governmental Employees Political Rights Act, employees are prohibited from bringing their political affiliations to bear on their official duties. Specifically, the following political activities of employees are prohibited with respect to participation in federal, state, or municipal elections. A. Campaigning, fund raising, or other partisan political activities on Village premises while in the performance of duties and responsibilities as an employee of the Village. B. Use of official working time or unauthorized use of Village resources for political activity. C. Promising any employment, position, work, compensation, or other benefits as consideration, favor or reward for political activity. D. Performing political activities at the direction of a Supervisor, Department Director, or other Village official. E. Using status or position as a Village employee in an endorsement or solicitation of votes in an election. 20.02 - Discrimination No persons in the municipal service, or seeking admission thereto, shall be appointed, employed, promoted, demoted, removed, or advanced on any basis or for any reason other than qualification and merit or lack thereof. 20.03 - No Smoking Smoking is not permitted at any time on Village premises unless the Village Manager (or designee) has designated an area as a smoking area and the area is at least fifteen (15) feet away from any Village building entrance. Smoking is defined as inhaling or carrying a lighted cigarette, cigar, pipe or using any electronically -operated device which may or may not contain RR Packet Pg. 631 9.F.d nicotine in a combination with other chemicals that are intended to be inhaled as a vapor by the user. This is intended to include, but not be limited to, e-cigarettes, e-cigars, hookah pens and any other inhaled nicotine delivery system. There will be no exceptions to this prohibition. Smoking that takes place in violation of this policy may result in discipline, up to and including termination of employment. 20.04 - Employment of Relatives A. It is the policy of the Village to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty, actual or implied, based on family relations. Relatives shall be as defined in Section 2.39 of this Manual. B. No relative will be assigned or hired into a position where the employee would be required to supervise or be supervised by another relative, whether directly or indirectly. This policy is not intended to preclude employment of relatives in other departments within the Village. In addition, it does not apply to temporary/seasonal or student intern employees. C. If employees in a supervisory relationship become related after employment, every effort will be made to transfer one of the employees to a position or shift where no supervisory relationship exists. D. Exceptions to this policy may be approved by the Village Manager (or designee). E. This policy is intended to comply with the requirements of all applicable, federal, state and local laws and situations involving individuals related by marriage or civil union will be addressed on a case -by -case basis to ensure no conflict of interest exists. F. In the event of a conflict between this Policy and the applicable law, the law will govern in all cases. 20.05 - Release of Information All employees are expected to exercise good customer service practices and, to the extent possible, answer general questions about the policies and practices of the Village. Requests for specific printed information, unpublished reports, written or verbal reports about meetings not subject to the Open Meetings Act (OMA), plans in progress, matters of internal business affairs or matters related to the personal affairs of Village employees or officers shall be referred to the Village Manager (or designee), Director of Human Resources or Department Director and shall not be released by an employee unless specifically directed to do so by the Village Manager (or designee), Director of Human Resources or Department Director. Requests for information, pursuant to the Illinois Freedom of Information Act (FOIA) shall be coordinated by the FOIA officer(s) in the applicable department(s), in concert with the Village Clerk's office. 20.06 - Media Relations The Village Manager (or designee) shall be the primary staff spokesman for the Village, consistent with the policy direction of the Corporate Authorities. Village Department Directors 86 Packet Pg. 632 9.F.d or their designees may confer with representatives of the news media on matters related to their departments. It shall be the responsibility of each Department Director to develop and administer a policy for responding to media requests, including appropriate staff qualified and authorized to disseminate media responses. Upon contact with news media pertaining to sensitive matters, the Department Director (or designee) shall report to the Office of the Village Manager (or designee) the content and substance of the inquiry, information conveyed and potential additional inquiries or issues of sensitivity that may arise as a result of the media contact or underlying subject matter. All employees, when representing the Village and conveying its official positions, shall refrain from overtly political or opinionated speech, unless specifically authorized to do so by the Village Manager (or designee), in accordance with Village Board direction. This policy will be construed in accordance with all applicable laws to respect the free speech rights of the individuals involved while also ensuring that our residents are properly served. 20.07 - Gifts and Gratuities Employees shall not solicit, accept or agree to accept any gift of any kind from any person or business entity doing business or wishing to do business with the Village, except where said gift is expressly permitted by the Illinois State Officials and Employees Ethics Act. A "gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee. Employees shall comply with the Illinois State Officials and Employees Ethics Act at all times. Additionally, employees should not solicit or seek donations or contributions on behalf of other employees for gifts, sales of products or services, flowers or other reasons except with the prior approval of the Village Manager (or designee). 20.08 - Anti -Workplace Violence/Bullying Policy It is the Village of Buffalo Grove's policy to promote a safe and comfortable working environment for its employees. The Village is committed to working with its employees to maintain a work environment free from violence, threats of violence, harassment, bullying, intimidation, and other disruptive behavior. Violence, threats, harassment, intimidation, and similar behavior in our workplace will not be tolerated. All reports of incidents will be taken seriously and will be dealt with appropriately. Such behavior can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm. Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, criminal prosecution, or both. If you observe or experience such behavior by anyone on Village property, whether he or she is an employee or not, report it immediately to the Buffalo Grove Police Department by calling 9- 1-1 and your Department Director. All reports will be investigated and the appropriate action will be taken to remedy the situation. No retaliation will be taken or tolerated against any individual who reports a complaint under this policy and/or participates in an investigation of a complaint reported under this Policy. :l Packet Pg. 633 9.F.d In keeping with the spirit and intent of this policy, and to promote the Village's objectives in this regard, the Village will endeavor to do the following: • To provide a safe and healthful work environment. • To take prompt remedial action, up to and including immediate termination of employment, against any employee who engages in any threatening behavior or acts of violence or who uses any obscene, abusive, or threatening language or gestures. • To take appropriate action when dealing with the customers, vendors, former employees, residents or visitors to the Village's facilities who engage in such behavior. Such action may include notifying the police or other law enforcement personnel and prosecuting violators of this policy to the maximum extent of the law. • To prohibit employees, former employees, vendors, residents, visitors and other individuals from bringing unauthorized firearms or other weapons onto the Village's premises. All persons, including individuals licensed to carry concealed firearms by the Illinois State Police, are prohibited from bringing firearms into or onto any park, library, or facility under the control of the Village, as such firearms are banned from such areas. • To establish viable security measures to promote the safety and security of the Village's facilities and to properly handle access to the Village's facilities by the public, off -duty employees, and former employees. The Village's employee assistance program (EAP) supports this policy. Any employee who displays a tendency to engage in violent, abusive or threatening behavior, or who otherwise engages in behavior that the Village, in its sole discretion, deems offensive or inappropriate may be referred to the EAP for counseling or other appropriate treatment. Such employees will also be subject to disciplinary action, up to and including termination of employment. In furtherance of this policy, employees should warn their Supervisors, Human Resources, Department Directors, Deputy Village Manager or the Village Manager (or designee) of any suspicious workplace activity, situations, or incidents that they observe or that they are aware of that involve other employees, former employees, vendors, residents or visitors and that appear problematic. This includes, for example, threats of acts of violence, aggressive behavior, offensive acts, threatening or offensive comments or remarks, and the like. Employee reports made pursuant to this policy will be held in confidence to the extent possible. The Village will not tolerate any form of retaliation against any employee for making a report under this policy. 20.09 - Solicitation, Distribution and Use of Bulletin Boards Employees of the Village may not solicit during working time, nor may employees distribute literature during working time or in working areas. Employees may not accept the solicitation or the distribution of literature by any non -employee while you are on working time. Packet Pg. 634 9.F.d Working time is the time you are performing or are expected to perform the duties of your job. "Working time" does not include meal periods, rest breaks or before/after your shift. Bulletin Boards - Bulletin boards maintained by the Village are to be used only for posting or distributing material of the following nature: • Notices containing material directly concerning Village business. • Announcements of a work -related nature or legally -required postings which are equally applicable and of interest to employees. • All posted material must have authorization from administrative staff. All employees are expected to check these bulletin boards periodically for new and updated information and to follow the rules set forth in all posted notices. Employees are not to remove material from the bulletin boards. Non-Solicitation/Distribution of Employee Communication - The Village prohibits any form of solicitation and the distribution of written materials or literature on Village property where: • The solicitation or distribution occurs in a work area; • The employee engaged in the solicitation or distribution is on work time (excluding lunch periods, rest periods, and other periods when the employee is not expected to be working); or • The employee is on work time and the solicitation or distribution interferes with the work of other employees. The Village also prohibits: • Solicitation or distribution on Village property by non -employees; • Solicitation on customer premises; and • The use of Village equipment such as fax machines, or photocopiers to prepare information for solicitation or distribution. Any employee who violates this policy is subject to disciplinary action, up to and including termination of employment. Packet Pg. 635 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 21.00 APPEALS & GRIEVANCES Chapter 21.00 - Appeals and Grievances Sections: 21.01 Grievance Policy 21.02 Grievance Procedure 21.03 Classification Grievances 21.04 Compensation Grievances 21.05 Retroactive Adjustment 21.06 Fire and Police Departments 21.07 Discretion of Village 21.01- Grievance Polic It shall be the policy of the Village of Buffalo Grove to give individual employees an opportunity to discuss their grievances with their Supervisors in order to attempt to find mutually satisfactory solutions as rapidly as possible. Employees are assured of freedom from restriction, interference, discrimination, or reprisal. Appeals of disciplinary actions shall begin with a written grievance report as set forth in Section 21.02(B) below. Although this Chapter outlines our general procedure for addressing workplace grievances, there is nothing in this Chapter which creates a due process or other procedural right. Rather, each situation is addressed on a case -by -case basis to ensure that the matter is promptly addressed and remedied (as appropriate). 21.02 - Grievance Procedure The grievance procedure shall follow the sequence below. An employee may be accompanied by any person of his own choosing as his representative in the presentation of his grievance. A. Oral Report: All grievances must be presented no later than ten (10) working days from the date of the first offense giving rise to the grievance. B. Written Report: If the oral grievance presentation fails to settle the grievance, the employee may submit a written grievance report within ten (10) working days after the oral report was made. In the case of a grievance resulting from a disciplinary action, the employee shall submit a written grievance report within ten (10) working days from the effective date of disciplinary action. Within ten (10) working days after receiving a written grievance report, the Supervisor shall furnish the employee with a written reply. C. Appeal to Department Director: If the written reply to the grievance is not satisfactory to the employee, the employee may, within ten (10) working days after receiving the reply, submit an appeal in writing to the Department Director. The Department Director shall confer with the aggrieved employee and/or his/her authorized representative before rendering a decision. Such decision shall be produced in writing and shall be delivered to the employee within ten (10) working days of the date on which the appeal was received by the Department Director. 90 Packet Pg. 636 9.F.d D. Appeal to Village Manager (or designee): If the appeal to the Department Director fails to resolve the grievance the employee may submit an appeal in writing to the Village Manager (or designee) no later than ten (10) working days from the date a reply was received from the Department Director. Within ten (10) working days of the receipt of an appeal, the Village Manager (or designee) shall hear matters pertinent to the grievance. The decision of the Village Manager (or designee) shall be final. The Village Manager (or designee) shall forward one copy of the course of action he/she intends to follow to the employee concerned and to the Department Director. 21.03 - Classification Grievances All grievances pertaining to the classification of an employee shall be made in writing to the Village Manager (or designee), within five (5) working days of the classification or else the Village will assume the employee agrees that the classification decision is fair and appropriate. The decision of the Village Manager (or designee) shall be final in all matters of classification. 21.04 - Compensation Grievances The pay range established for a given class of work shall not be a subject of the grievance procedure. 21.05 - Retroactive Adiustment All adjustments of grievances processed under this Chapter shall be retroactive to the time the grievance is first presented to his Supervisor, unless the grievance reply specifically states otherwise. 21.06 - Fire and Police Debartments The grievance procedure for sworn personnel of the fire and police departments shall follow the process set forth by their respective departmental rules, regulations and directives. Appeals of disciplinary actions shall follow the process prescribed by the rules and regulations of the Board of Fire and Police Commissioners and/or collective bargaining agreement, if applicable. 21.07 - Discretion of Village While the Village normally will adhere to the procedures set forth above, there may be circumstances that indicate that an alternate way to address the grievance is more appropriate (i.e., due to confidentiality, privacy or similar business reasons as determined by management). The Village reserves the right to skip any step in this procedure if the Village feels it is appropriate under the circumstances presented. The Village reserves the right to alter the procedures at any time at the discretion of the Village Manager (or designee). Nothing in this Grievance Procedure constitutes a guarantee or promise of employment or a specific term of employment. 91 Packet Pg. 637 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 22.00 EXPECTATION OF PRIVACY Chapter 22.00 - No Expectation of Privacy Sections: 22.01 Computers, Pagers, Telephones and other Communications Equipment 22.02 Lockers, Desks and other Village Property 22.01- Computers, Pagers, Telephones and other Communications Equipment A. As an employee of the Village of Buffalo Grove, you do not have any reasonable expectation of privacy when you use a Village owned or leased computer or communications system (i.e.: Smart phones, I -Pads, Tablets, flash drives, etc.). The Village has the right to monitor your telephone conversations, to read your messages, to inspect mail or documents sent to or by you, including the deciphering of encrypted text and the removal or inspection of software installed by you on Village provided computers. B. The Village may also access, without notice, data or text caches, pager memory banks, e- mail and voice -mail boxes or accounts, and other employer provided electronic storage systems. The Village does not need to obtain prior judicial or other approval before inspecting this employer provided equipment and your continued employment waives any claim you might have and constitutes your knowledge of and acceptance of your waiver of any right of privacy you might otherwise have or expect in your use of this equipment. 22.02 - Lockers, Desks and other Village Property Lockers, desks, vehicles, equipment and other Village containers and property that you are permitted to use during your employment are and remain the property of the Village. You are not permitted to keep or store any illegal or prohibited items or substances in or on such property. You do not shall not have any reasonable expectation of privacy with regard to any items kept or stored in any locker, desk, or other Village property. Village owned property is subject to search by the appropriate Supervisor or Department Director for any reason and without prior notice. Personal locks are not permitted on Village property and may be removed by management. Violation of this policy and/or refusal to cooperate with a search, is grounds for immediate dismissal. 92 Packet Pg. 638 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 23.00 INFORMATION TECHNOLOGY Chapter 23.00 - Communications and Information Technology Section: 23.01 Communications and Information Technology Policy 23.02 Social Media Policy 23.03 Identity Protection Policy 23.04 Protection of Information Technology 23.01- Communications and Information Technology Policy A. The policies in this document are intended to regulate the use and development of electronic data resources and technology used by the Village. B. All Information Technology services are contracted to the Government Information Technology Consortium (GovITC). The Deputy Village Manager or Designee shall be responsible for plans and implementation of Village policies affected by or enhanced by information systems and technology. Electronic -based communication and records shall be considered to include personal computers, network servers, E-mail, telephone voice mail, electronic bulletin board systems, paging systems and other systems and devices that transmit and/or store information on media other than paper. Employees of the Village are expected to maintain the same standards of propriety, professionalism and confidentiality for electronic -based communication and records as any written correspondence. C. Authorized Use of Information Technology: The Village encourages authorized and trained personnel to make use of information technology in any way that will improve the efficiency or effectiveness of Village services. Village employees are encouraged to be creative in their use of technology and to share their discoveries of techniques with other employees. D. Unauthorized Use of Information Technology: The Village prohibits the use of Village information technology resources in the following circumstances: l . By unauthorized persons. 2. Personal profit -making businesses. 3. Political activity. 4. Accessing or transmitting obscene language, sexually explicit materials or materials that disparage any person, group or classification of individuals except as required for official business. 5. Any actual violation of federal, state, and/or local laws and/or ordinances. 93 Packet Pg. 639 9.F.d E. Protection of Sensitive, Confidential and Proprietary Information: All employees are expected to maintain the integrity of the sensitive, confidential and proprietary information that is stored on or is passed through Village information systems unless released via a legally permissible means, such as FOIA or court order. This definition includes but is not limited to: 1. Personnel information including salaries, performance reviews, complaints, grievances, disciplinary records and medical records. 2. Criminal history information, mug shot images, police investigation records, intelligence files, and tactical information. 3. Names, addresses or other personal information about Village residents or vendors. 4. Identity Theft Policy F. To protect all sensitive, confidential and proprietary information all Village personnel shall observe the following practices (not all inclusive): 1. Access to network directories and databases shall be restricted to personnel with a demonstrated "need to know." 2. Personal access codes and passwords shall not be shared, even with other Village employees. If you have reason to believe that another person may have obtained unauthorized access to an access code or password, you should notify the IT Director (or designee) immediately. 3. All employees are prohibited from allowing unauthorized individuals access to or use of Village information systems. 4. Employees should log off or lock their computers any time they plan to be away from their workstation for more than thirty minutes. Screen savers with passwords shall be utilized, where operationally practical. 5. No employee shall make copies of information stored on Village information systems without authorization from the supervising Department Director. This includes printed reports or electronic media. G. Encrypting and Protecting Computer Files: Village personnel are prohibited from encrypting or password -protecting computer files without authorization from the Deputy Village Manager or Designee. At least two (2) employees shall have access to any protected or encrypted file. 94 Packet Pg. 640 9.F.d H. Internet Access: The granting of internet access is a privilege. Internet access may be provided through the Village's computer system. Internet access can be provided to employees of the Village on an individual basis by departmental supervisors. The intent of this resource is to provide additional sources of reference for Village business. As activity on the Internet through the Village of Buffalo Grove's system is a matter of public record, it is the responsibility of each individual to maintain the integrity of the system. Periodic reviews of Internet activity may be performed at a system, department and/or individual level. As such, no employee should expect privacy with respect to the use of equipment used to access the internet. I. Hardware Installation: Only hardware that has been approved by the Deputy Village Manager or Designee and the Department Director shall be installed for Village use. This includes all personal computers, peripherals and accessories. Only persons with the Deputy Village Manager or Designee's approval or the GovITC shall install or uninstall hardware. Hardware may not be relocated, connected, or disconnected from any personal computer without the prior approval of the Deputy Village Manager or Designee and Department Directors. J. Software Installation: Only software that has been approved by the Village Manager's Office shall be installed or executed on any Village computer. It is against Village policy to install, access or execute any software or data that has not been approved for use. Only, the Deputy Village Manager or Designee or a member of the GovITC shall install all software, unless the Deputy Village Manager or Designee approves the installation of software by another party. K. Software Licensing and Copyrights: 1. The Village purchases or licenses the use of copies of computer software from a variety of outside companies. The Village does not own the copyright to any of this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it for use on more than one computer. 2. Use of Software on Networks: With regard to use on local area networks or on multiple machines, Village employees shall use the software only in accordance with the license agreement. 3. Employee's Duty to Notify their Department Director (or designee) Village employees learning of any misuse of software or related documentation within Village departments shall notify their Department Director or the Deputy Village Manager or Designee. 95 Packet Pg. 641 9.F.d 4. Penalties for Violation of Copyright Laws and Policies: According to the US Copyright Law, illegal reproduction of software can be subject to civil damages of as much as $100,000 per work copied, and criminal penalties, including fines and imprisonment. Village employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. The Village does not condone the illegal duplication of software. 5. Village Property All work produced for the Village by an employee, including but not limited to information technology, is at all times the exclusive property of the Village and may not be removed, copied, reproduced or sold by any employee. Any information or document (or copy thereof) that is provided to an employee during his/her employment with the Village and/or which the employee had access during his/her employment must be promptly returned upon request and in no event prior to his/her last day of employment with the Village. If you have a question about whether it is appropriate to retain or have access to such information or document, you are required to seek written permission from the Village Manager (or designee) before doing so. 6. Any actual or threatened violation of this policy will be strictly enforced and may result in appropriate legal action to protect the integrity and confidentiality of the information involved. L. Wireless Communication Equipment Policy: The Village of Buffalo Grove recognizes that wireless communications equipment (including, without limitation, cellular phones and data equipment such as smart phones, tablets, laptops, etc. collectively referred to herein as "Wireless Communications") and related services are an important and necessary tool to assist Village staff to perform their job duties. Therefore the Village may provide wireless communications equipment and service to certain employees to assist in the proper performance of their job duties. This policy applies to all employees who are provided, have access to or otherwise use Village wireless communications. The purpose of this section is to establish a Village of Buffalo Grove wireless policy and procedure regarding the assignment, procurement and use of Village provided wireless communication devices and to ensure the use or access such wireless devices is in compliance with the Village's policy and consistent with Village business needs. The Village of Buffalo Grove provides wireless equipment and service to certain employees through the GovITC, as authorized by the Deputy Village Manager or Designee and necessary for the proper performance of job related activities. 2. All Village issued wireless devices and numbers are the Village's property, unless approved by the Deputy Village Manager or Designee. Packet Pg. 642 9.F.d 3. Personal numbers shall not be ported over to Village phones, unless request is submitted in writing to and approved by Deputy Village Manager or Designee. 4. The GOVITC also has authority, under the direction of the Deputy Village Manager or Designee, to coordinate and arrange for such wireless communications equipment and service in support of the Village's business needs at the request of the employee's Department Director. 5. In considering the Department Director's cellular equipment request, the Village GOVITC will evaluate and recommend the most cost effective service plan and equipment for each authorized Village employee. 6. Only the Village Manager or Village President is permitted to enter into an agreement or contract for cellular equipment or service, on behalf of the Village. Procurement and distribution of equipment, accessories and service plans shall be the responsibility of GOVITC at the request of the Department Director with Approval of Deputy Village Manager or Designee. 7. The Village cannot and does not imply, extend, or guarantee any "right to privacy" for voice calls and or electronic communications placed over Village provided cellular equipment, including but not limited to call detail records, logs, voice mail messages, data storage, text messages, emails, and address books.. As such, the users should have no expectation of privacy with respect to any such communications. All wireless communications, particularly business email or text messages, can and will be subject periodic review to ensure compliance with this policy. Additionally, all such communications may be subject to release in response to a FOIA request or a court order. 8. Employees may be required to reimburse the Village for personal usage if their usage exceeds the Village's pooled plan's monthly allocation of minutes, messages, dates and if it has been determined by the Village that there has been excessive personal use. Reimbursement of personal usage does not entitle the Village employee to any expectation of `ownership' of that data and multiple occurrences require discipline up to and including termination. 9. Employees shall return their wireless equipment to the Deputy Village Manager or Designee upon separation from the issuing department or the Village and/or in the event the authorization is restricted or revoked by the Department Director. 10. As a general rule, the Finance Department reviews all monthly cell phone bills and bills with unusual charges are sent to department heads or their designee. The department head makes the determination of excessive personal use or other issues of usage of Village provided cellular equipment and administers the appropriate discipline according to the Village's policy. 11. A reasonable amount of personal use of Village wireless communications is permitted as long as it does not interfere with the employee's job performance or productivity and the transaction of Village business, consume significant 97 Packet Pg. 643 9.F.d resources, give rise to any additional costs or interfere with the activities of other employees of the Village. 12. Under all circumstances, employees are required to use the Village provided cellular equipment in compliance with all laws and regulations. Employees using cellular telephones while driving are required to use a hands -free device or pull over to a safe location on the side of the road before placing or receiving a call. In the event of a violation of any traffic laws while using the Village's equipment, the employee may lose privileges and the employee is solely responsible for the cost of citations involved. 13. Reasonable care should be taken to prevent equipment loss or damage. If assigned cellular equipment is lost or damaged, the same equipment or part may be ordered for the employee at the expense of the department upon approval of the Department Director. However, if the Department Director determines that the equipment was lost or damaged due to negligence or misplacement, the employee is liable for the cost of repair or replacement. Lost equipment shall be reported within 24 hours to the Department Director and GOVITC; failure to do so could seriously compromise Village data security and shall result in discipline to the employee. 23.02 - Social Media Policy All information that is transmitted, received or stored on Village computers or within any part of its communications system is considered the exclusive property of the Village. This includes any information that is downloaded onto the Village computers from any format. Use of personal or other computers on social media sites (i.e., blogs, wilds, Facebook, Twitter, etc.) can present a problem to the Village, when such communications impact operations and/or the working environment. The Village respects its employees' right(s) to free speech in accordance with the parameters of the law, and does not intend to interfere with any off -duty or non -work related activities. However, to avoid blurring the distinction between professional and personal communications, the Village has developed the following guidelines for its employees who use social media sites (either on or off duty): • Blogs, wikis and other forms of online discourse are individual interactions, not communications from the Village. Employees are personally and legally responsible for your communications. • When discussing the Village or Village -related matters, employees are encouraged to identify themselves and make it clear that they are speaking for themselves and not on behalf of the Village. Where appropriate, employees are encouraged to use a disclaimer such as: "The postings on this site are my own and do not necessarily represent the Village's positions, conclusions or opinions." IR Packet Pg. 644 9.F.d • Employees must not discuss or divulge confidential Village information, including, but not limited to, business plans, strategies, Village financial information, or Village confidential or proprietary information that has not been made public. • While employees may disagree with Village actions, policies, etc., employees may not write knowingly malicious or false comments about the Village, fellow employees (regardless of title or position), customers, vendors or others affiliated with the Village. Posting of comments or materials (including photographs, videos or audio) regarding the Village, its employees, or its services is prohibited if obscene, knowingly false, or harassing. Posting of comments or materials (including photographs, videos or audio) regarding the residents that are served, is prohibited if obscene, defamatory, profane, libelous, threatening, harassing, abusive, or unprofessionally derogatory to a resident. These issues will be reviewed on a case -by - case basis. • If a member of the media contacts an employee about his/her blog or posts and requests an official comment from the Village on said blog/post, in order to deliver an appropriate message and to avoid giving misinformation in any media injury, employees should state, "I am not authorized to comment for the Village, (or I don't have the information you want). Let me have our Village Manager contact you." Then contact the Village Manager (or designee) or Department Director to convey the Village's response. Violations of this policy generally will result in discipline, up to and including discharge. If an employee is aware of any violation of this Policy, they are urged to notify management through our internal complaint procedure. Be assured that the Village will not tolerate or condone any retaliation against any person who reports a Policy violation and/or participates in an investigation of a potential violation. IMPORTANT NOTE: Any violation(s) of the guidelines in this Policy are applicable, whether done during work hours or outside of work, except as may be allowed by law. These issues will be addressed on a case -by -case basis to protect the rights of our employees and also the rights of the Village, including our employees and others we do business with in serving the residents of the Village of Buffalo Grove. In all cases, there is nothing in this policy which is intended to limit or restrict an employee's right to engage in lawful speech and/or protected or concerted activities which are guaranteed by law. If there is conflict with this Policy and the law, the law will govern. 23.03 - Identity Protection Policy Improper disclosure of protected personal identifiers such as social security numbers may contribute to identity theft and any number of resulting credit problems. The Village has adopted this Policy to protect social security numbers from unauthorized disclosure. In accordance with the Illinois Identity Protection Act, only employees who are required to use or handle information or documents that contain social security numbers shall have access to such information or documents. All employees with access to social security numbers in the course of 99 Packet Pg. 645 9.F.d their job duties must undergo training to protect the confidentiality of the social security numbers. When collecting a social security number or upon request by an individual, employees must provide a statement of the purpose(s) for which the Village is collecting and using the social security number. Under this Policy, social security numbers requested from an individual must be provided in a manner that makes the number easily redacted, if required to be released as part of a public record request. If you have questions about this policy or would like to report a violation (free of retaliation), you are encouraged to contact your Department Director (or designee). Any individual found to be in violation of this Policy will be subject to disciplinary action (no matter when discovered). 23.04 - Protection of Information Technolo The Director of Information Technology and the Information Technology Department are responsible for establishing procedures, practices and systems to protect Village information systems from viruses, hardware failures and data loss from network resources. However, it is the responsibility of all Village personnel to follow the procedures established by the Information Technology Department with regards to protecting all data. Village network servers are backed up to tape drives or other high-speed, high -capacity storage devices every weeknight. Periodic checks of backup reliability are performed to assure that files can be easily restored from backups. Backup media are stored in secure locations away from the servers to reduce the risk that a catastrophe may destroy both the server and the backup. No backup routines are established for individual workstations. In the event of a workstation failure, a workstation's operating system and standard software can be easily rebuilt or replaced. However, individual data files kept on the computer's hard drives cannot be restored. For this reason, Village employees are encouraged to keep all data on network drives alone. It should be noted that due to the Freedom of Information Act, all information available to an employee is potentially discoverable and will be made public upon request. 100 Packet Pg. 646 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 24.00 DRUG FREE WORKPLACE Chanter 24.00 - Drug Free Workplace Section: 24.01 Drug Free Workplace Policy 24.01- Drug Free Workplace Policy A. This Policy expresses the Village's desire to satisfy the requirements of the federal and state Drug Free Workplace Acts (41 U.S.C.A. § 701 et seq. and 30 ILCS 58011 et seq.). In accordance with applicable statutes and concerns, the Village has resolved to maintain a drug free workplace. B. Acts Prohibited The unlawful manufacture, distribution, dispensation, possession, being under the influence, or use of a controlled substance, including cannabis and alcohol is prohibited on Village Property. C. Definitions l . "Alcohol" means any substance containing any form of alcohol, including but not limited to: ethanol, methanol, propanol and isopropanol. 2. "Cannabis" is defined as provided in the Cannabis Control Act (720 ILCS 55011 et seq.) which provisions are specifically incorporated in this Policy. 3. "Controlled Substance" as defined in the Illinois Controlled Substance Act (720 ILCS 570) which provisions are specifically incorporated in this Policy. 4. "Criminal Drug Statute" means a criminal statute involving the manufacture, distribution, dispensation, possession, or use of any controlled substance. 5. "Manager" is the Village Manager (or designee). 6. "Village Property" means any building, common area, open space, vehicle, parking lot, or other area owned, leased, managed, used or controlled by the Village. Village Property shall include property used by Village patrons while on Village sponsored events. 7. "Drugs" mean Legal Drugs and controlled substances, including cannabis, medical marijuana and the abuse of prescribed medications. 8. "Legal Drugs" mean prescription drugs, including medical marijuana and over- the-counter drugs which have been obtained legally and are being used in the manner and for the purpose for which they were prescribed or manufactured. 101 Packet Pg. 647 9.F.d 9. "Medical Facility" means any physician, laboratory, clinic, hospital, or other similar entity. 10. "Policy" means this Drug Free Workplace Policy of the Village of Buffalo Grove. 11. "Possess" means to have either in or on an employee's person, personal effects, desk, files, or other similar area. 12. "Public Safety Responsibility" means jobs in which an employee is entrusted with direct responsibility over the health, safety and welfare of Village patrons, either through supervision of programs or operation or maintenance of equipment. 13. "Under the Influence" means that the employee is affected by alcohol or drugs in any determinable manner. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, a lay person's opinion, or the statement of a witness. D. Voluntary Treatment It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to disciplinary action. Employees who suffer from alcohol or drug problems are encouraged to voluntarily consult with their Department Director and undergo appropriate medical treatment. Participation in such treatment will be at the employee's expense, unless otherwise accommodated. Employees are encouraged to utilize the Employee Assistance Program (`BAP") benefit offered by the Village and/or apply for time off under the FMLA policy if applicable. After the fact request for assistance under this Section of the Policy will not excuse a Policy violation or limit the appropriate penalty for such violation. E. Screening and Testing The Village will require employees who are required to hold commercial driver's licenses ("CDL") as part of conditions of employment to be screened or tested per the guidelines established by the United States Department of Transportation. The Village may require employees who work on or near vehicles or machinery, handle hazardous materials or substances of any kind, or have public safety responsibility to be screened or tested on a random basis. The Village also may require any employee to be screened or tested following a workplace accident where it is reasonable to expect the employee was impaired by alcohol or drugs, during and after an employee's participation in an alcohol or drug counseling or rehabilitation program, or upon reasonable suspicion that the employee is under the influence of alcohol or drugs. The screening or testing will be conducted by a medical facility selected by the Village and the initial testing will be at the Village's expense. Any subsequent testing will be at the employees' expense at a medical facility selected by the Village. The screening or testing may require an analysis of the employee's breath, urine and/or blood or such similar substance. Employees who undergo alcohol or drug screening or testing will be given the opportunity, prior to the 102 Packet Pg. 648 9.F.d collection of a specimen or other testing, to disclose the use of legal drugs, including medical marijuana, and to explain the circumstance of their use. If an initial test is positive, a second test will be conducted from the same sample. A confirmed positive drug and/or alcohol test may result in disciplinary action, up to and including termination of employment. Each Village employee is required to sign a form consenting to such a test. Prospective employees applying for positions that require a commercial driver's license will be required to sign a consent form prior to taking the pre -employment drug screening. Prospective employees for positions that require a pre -employment physical will be required to sign a consent form prior to taking the pre -employment physical. Each employee and prospective employee may also be required to sign a separate consent form requested by the Medical Facility conducting the screening or testing. Refusal to sign any requested consent form will result in non -hire or disciplinary action up to and including termination of employment, as deemed appropriate by the Village, in its sole discretion, under the circumstances. Additionally, refusal to submit to a drug or alcohol test, or refusal to cooperate, will result in non -hire or disciplinary action up to and including termination of employment. F. Treatment The Village may give the employee one opportunity to undergo treatment offered by a clinic or trained professional mutually acceptable to the Village and employee. Participation in such treatment will be at the employee's expense, unless otherwise accommodated. The employee must enter the treatment program within ten (10) days from the time of recommendation of treatment. The Village may choose to reinstate the employee provided that the employee submits a statement issued by the Medical Facility certifying that the employee has successfully completed the treatment program, that the employee is released to return to work, and that the employee agrees to all conditions of reinstatement as determined by the Village, which may include, but is not limited to, future alcohol and/or drug testing. An employee who participates in a treatment program will be expected to meet job performance standards and comply with all rules established by the Village. Participation in a treatment program will not, in itself, protect the employee from disciplinary actions if job performance is unsatisfactory, and avoid disciplinary action. G. Use of Legal Drugs Any employee who works on or near vehicles or machinery, handles hazardous materials or substances of any kind, or has public safety responsibility and who has taken a legal drug (including medical marijuana) must report the use of such legal drug to the Department Director if the legal drug can affect the employee's performance by causing drowsiness or if it alters perception, judgment, or reaction time or prevents the employee from performing his or her job safely. The burden is on the employee to ascertain from his doctor or pharmacist whether or not the legal drug has such a potential side effect and to notify the Department Director to determine if some reasonable accommodation is 103 Packet Pg. 649 9.F.d appropriate. The information will be retained by the Village in a confidential manner and will be disclosed only to persons who need to know. The employee's Supervisor, after conferring with the Department Director, will decide whether or not an employee may safely continue to perform his job while using the legal drug. Failure to declare the use of such legal drugs will be cause for discipline, up to and including dismissal. H. Notice of Convictions Any employee who is convicted of violating any federal or state criminal drug statute must notify their Department Director immediately (within twenty four (24) hours of conviction). I. Discipline/Penalties for Violation 1. An employee who reports to work under the influence of alcohol, controlled substances, or cannabis or who manufactures, possesses, uses, sells or dispenses alcohol, controlled substances, or cannabis while on Village property, is convicted of a drug related crime, causes financial or physical damage to the Village, Village property or its employees, or fails to report the use of legal drugs in accordance with this policy, or who otherwise fails to cooperate with this policy will be disciplined and/or must successfully complete a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency and by the Village. On the first occurrence, discipline may consist of suspension with or without pay, termination, and/or successful completion of a drug assistance or rehabilitation program as deemed appropriate by the Village, under the circumstances. The employee shall be terminated on the second occurrence. 2. The Village shall terminate an employee (a) if the employee refuses to submit to diagnosis, testing or screening upon request of the Village; (b) if the employee tampers in any way with the specimen given to the Medical Facility for purposes of drug screening or testing; (c) if the Medical Facility recommends treatment and the employee refuses to undergo such treatment; (d) if, while undergoing treatment, the employee fails or refuses to follow the course of treatment; (e) if the employee, who in the course of or following treatment, is again under the influence of alcohol or drugs in violation of this Policy; or, (f) if the employee fails to notify their Department Director of an arrest and/or conviction for violating any federal or state Criminal Drug Statute in accordance with this policy. 3. An employee who participates in a treatment program will be expected to meet job performance standards and comply with all rules established by the Village (with or without a reasonable accommodation if the individual is disabled). Participation in a treatment program will not, in itself, protect the employee from disciplinary actions. The Village, however, will not take adverse action against an employee solely because he voluntarily and successfully completes medical treatment. 104 Packet Pg. 650 9.F.d J. Pre -Employment Screening After a conditional offer of employment is made, for applicable positions, in the Village's employment selection procedure, persons otherwise offered a position with the Village will be required to undertake a job related physical examination which may include a drug screening test. K. Inspections In order to assure that employees comply with the prohibition on manufacturing, distributing, dispensing, possessing, or using alcohol, controlled substances, or cannabis (including medical marijuana) and to otherwise protect Village employees, visitors and property, employees may be subject to inspection as follows (not all inclusive): 1. Lockers, desks, files, vehicles, equipment and other Village containers and property that an employee is permitted to use during employment with the Village are and remain the property of the Village. Employees are not permitted to keep controlled substances, cannabis (including medical marijuana) or alcohol in or on such property. Any such property reasonably suspected of having or holding such substances is subject to search by the Village, including vehicles parked on Village property. 2. Any refusal (or delay) to submit to such an inspection will be treated as an act of insubordination and will result in disciplinary action which may include termination. 3. Employees should not bring any property or items on Village premises, including parking lots, unless he/she understand that such property and item is subject to disclosure under this Policy. As such, an employee should not expect privacy related to such items. L. Records The Village will maintain medical records relating to alcohol or drug abuse, diagnosis, and treatment in a confidential manner and in a file separate from the regular personnel file. Access will be limited to those who need to know. The Village will not disclose these records to persons outside the Village without the employee's consent unless disclosure of the records is necessary for legal or insurance purposes and/or as allowed by law. 105 Packet Pg. 651 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 25.00 MANAGEMENT RIGHTS Chapter 25.00 - Management Rights Sections: 25.01 Management Rights 25.01 - Management Rights The Village shall retain the sole right and authority to establish and administer all matters of inherent managerial policy, including but not limited to the functions of the Village government and its departments, standards of service, budgeting, organizational structure, the selection of new employees, and the direction of employees. The Village shall retain the sole right to amend its policies, procedures, rules and regulations as it deems necessary, at any time with or without prior notice. Nothing in this Manual shall be construed to limit or alter the Village's rights in this regard. 106 Packet Pg. 652 9.F.d BUFFALO GROVE PERSONNEL MANUAL CHAPTER 26.00 SAVINGS CLAUSE AND AMENDMENT Chapter 26.00 - Savings Clause and Amendment Sections: 26.01 Savings Clause 26.02 Amendment 26.01- Savings Clause Invalidation of any chapter, section, or part of this Manual shall not affect the validity of the other chapters and sections. The Village reserves the right to amend any policy or practice to the minimum extent necessary to conform to any applicable law or ordinance. 26.02 - Amendment Amendment of this Manual shall be considered approved and effective upon a majority vote of the Corporate Authorities, unless otherwise specifically indicated. 107 Packet Pg. 653 9.F.d ACKNOWLEDGMENT FORM I hereby acknowledge receipt of the Village of Buffalo Grove Personnel Manual ("Manual"). I agree and represent that I have read or will read the Manual in its entirety. I understand that the Manual has been developed as a reference guide for Village employees and that neither the Manual nor its individual terms constitute or represent binding contractual commitments or promises, either expressed or implied, on the part of the Village. I also understand that the policies, benefits and guidelines contained in the Manual can be changed or discontinued by the Village at any time, with or without prior notice. I understand that no representative of the Village, other than the Village Manager (or designee), with the approval of the Corporate Authorities, has authority to enter into any employment agreement for any specific period of time or to make any binding representation or agreement, whether oral or written, contrary to the foregoing. I understand and will comply with all policies within the Manual in addition to any other Departmental rules or policies that apply to my employment, as amended January 22, 2018 and effective January 22 Day, 2018. Signature Date Print Name Department 108 Packet Pg. 654 Action Item : Waive Bids and Purchase Total Patcher Vortex ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. Hampton Equipment of Raymond, IL is the sole source supplier of the Total Patcher Vortex unit in the Chicago region. Staff requests authorization to waive bids and purchase a Total Vortex Patcher in an amount not to exceed $69,517.67. ATTACHMENTS: • E29 Purchase (DOCX) • 2018-0112 Total Patcher Memo (DOCX) • E29 QUOTATION FORM (DOC) Trustee Liaison Stein Monday, January 22, 2018 Staff Contact Brett Robinson, Finance Updated: 1/18/2018 12:34 PM Page 1 Packet Pg. 655 11.A.a 1,1 F �13UFFALO GROVE DATE: January 11, 2018 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Mike Reynolds Public Works Director RE: Equipment Purchase — Total Patcher Vortex T-7500 Background Information Is The proposed equipment will allow the Public Works Department to make repairs that will last longer, be more durable to winter freeze thaw cycles and reduce costs by eliminating the need to continually refill existing damage. The impact of this purchase will be offset by the sale of the existing equipment and the reduced material costs for pothole repairs. Detailed information on the unit can be found at https://www.totalpatcher.com/vortex E29. A 2015 Stepp SSPH1.0 Hot Asphalt Patch slide in unit. This unit is to be replaced as it is no longer an efficient solution to the current needs for roadway spot repairs. The unit will be sold for asset recovery. The replacement unit is a 2018 Total Patcher Vortex. This equipment, as demonstrated by the manufacturer, will provide for a much more durable repair for roadway surfaces. Recommendation Staff recommends a waiver of bid on the purchase of a Total Patcher Vortex from a sole supplier, Hampton Equipment in Raymond IL, at a price not to exceed $69,517.67 Page 1 of 1 Packet Pg. 656 Vl.l.IAGE F' BUFFALO 64ROXIE MEMORANDUM TO: Brett Robinson, Purchasing Manager FROM: Steven Fritz, PW Management Analyst CC: Mike Skibbe, Deputy Public Works Director Bryan Beitzel, Maintenance Superintendent DATE: January 12, 2018 RE: Total Patcher T-7500 FJ The purchase of the Total Patcher T-7500 road repair system would allow the BGPW Street Section the ability to perform pothole repair for a lower cost than present day operations through reductions in labor and material costs. In 2017, the Street Section performed 102 pothole tasks, filling 8912 total potholes in Village roadways. While the data does not show the exact location of each pothole, it is conservatively estimated by staff that 20% of the total work took place in a previously repaired location. It can be inferred that the application of cold patch product failed in the same season in which it was installed. Street Section personnel are returning and filling the same location multiple times per year. The Total Patcher T-7500 system eliminates the 20% of redundant work by providing a more permanent solution not offered by the previous equipment and material. The Total Patcher creates a permanent fix to potholes by creating, on location, a surface that is water -tight and seamless. Stone aggregate and asphalt emulsion are mixed within the patcher and applied following a prime coat application in the pot hole or other failed area. This prevents water from re-entering and causing more damage later. The material used is also 40% cheaper than the cold patch material purchased in 2017. With the Total Patcher T-7500 the Street Section expects an annual savings of $4,315.15 in material costs. With an expected 20% reduction in labor for this task, the Street Section will become more efficient and be able to redeploy staff to handle other essential tasks. Sale of the existing hotbox and related equipment will further reduce the cost impact of this equipment. Staff has performed several field tests of the Total Patcher T-7500 and has tracked the results over the past year. It is our belief that this system does create a more permanent fix to potholes. Beyond pothole repairs, other uses of this system will also aide in filling alligator cracking, completing broken shoulder repairs, repairing following utility operations, and in conjunction with the recent purchase of a road grinder to perform surface repairs throughout the Village. 11.A.b -1- Packet Pg. 657 11.A.c HAMPTON EQUIPMENT INC. 4 S McGOWN S RAYMOND, ILL. 62560 PHONE/ FAX: 217-2-44 t i r t(cc,_,consolidated.net CUSTOMER INFORMATION Customer Name: VILLAGE OF BUFFALO GROVE Phone No: 847-459-2545 Address: 51 RAUPP BLVD Cell No: City: BUFFALO GROVE Fax No: 847-537-1742 STATE: ILLINOIS E-Mail Address: Zip Code: 60089 Point of Contact: MR.SCOTT FONTANEZ SUBMITTED TOM HAMPTON HAMPTON EQUIPMENT EQUIP REF: TOTAL PATCHER-VORTEX REF#: 01022018-V Description $/Unit. $Total NEW 2018 TOTAL PATCHER VORTEX $ 1 66,300.00 WITH ALL STANDARD EQUIPMENT AS STATED ON BROCHURE JOHN DEERE ENGINE V-MAC AIR COMPRESSOR SYSTEM WITH 25 FT HOSE AND REEL N/C AIR PISTOL AIR LANCE N/C AGGREGATE HOPPER WATER FLUSH SYSTEM 953.81 STEPS TO WORK PLATFORM 54.26 LOCKABLE/DETACHABLE TOOL BOX 126.08 EMULSION TANK QUANTITY MEASURING SYSTEM 763.43 EMULSION TANK FILL PORT REMOVABLE SCREEN BASKET 251.06 25 FOOT CACK SEAL REEL WITH FLEXIBLE/ADJUSTABLE MOUNTED SQUEEGEE APPLICATOR 1069.03 INCLUDES ALL MANUALS INCLUDES TRAINING INCLUDES TRUCK TAIL GATE SET UP KIT FOB VILLAGE BUFFALO GROVE, ILLINOIS QUOTE TOTAL: 69,517.67 SIGNATURE ACCEPTANC x d L 0 L d s U M a 0 H m N t U L a rn N O U_ z O H a O U w N W c m t U ca Q Packet Pg. 658 Action Item : Authorization to Purchase Replacement Vehicles through the Suburban Purchasing Cooperative ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. Staff recommends that the replacement vehicles be acquired through the Suburban Purchasing Cooperative program in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq.) in a total not to exceed amount of $300,289.00. All vehicles will be funded through the vehicle reserve. ATTACHMENTS: • SPC Purchases 2018 (DOCX) • SPC_2018_DodgeRam_Contact-156_2018_Extension_Letter (PDF) • SPC_2018_Ford_Pick-Up_Trucks_Contracts-142%2c-143%2c-145%2c-146 (PDF) • SPC_Contract 157_Signed2018ExtensionLetter (PDF) • SPC_2018_Ford_Escape_Contract-165 (PDF) Trustee Liaison Stein Monday, January 22, 2018 Staff Contact Brett Robinson, Finance Updated: 1/17/2018 10:47 AM Page 1 Packet Pg. 659 11.B.a 1,1 OF �13UFFALO GROVE DATE: January 11, 2018 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Mike Reynolds, Public Works Director RE: Vehicle Purchases Background Information Is Staff requests authorization to purchase, one Dodge Ram 1500, one Ford F-350, one Dodge RAM Cargo Van, one Ford F-450 with utility body and crane, and three Ford Escapes. These units are scheduled replacements for Fiscal Year 2018. These units will be procured through a joint purchase in conjunction with the Suburban Purchasing Cooperative/Northwest Municipal Conference contract. All units are fully funded in the capital reserve. The units scheduled for replacement: Public Works 401. A 2000 Chevrolet C2500 pick up truck, 95,729 currently shows on the odometer. This unit is due to be replaced as it is no longer in a condition that makes it wise to continue its service with the Public Works Department. The unit will be sold for asset recovery. The replacement will be a 2018 Ram 1500 crew cab pick up truck Northwest Municipal Conference Suburban Purchasing Cooperative contract #157 optioned and equipped for its assigned service. The cost for this replacement shall not exceed $27,905.00. 470. A 2008 Ford F-350, 56747 currently shows on the odometer. This unit is due to be replaced as it is no longer in a condition that makes it wise to continue its service as a front line vehicle. The unit will be repurposed and used as a pool vehicle The replacement will be a 2018 Ford F-350 Crew Cab pick up truck crew cab pick up truck Northwest Municipal Conference Suburban Purchasing Cooperative contract #143 optioned and equipped for its assigned service. The cost for this replacement shall not exceed $41,897.00. 403. A 2000 Chevrolet C2500 pick up truck, 101,152 currently shows on the odometer. This unit is due to be removed from the fleet as it is no longer in a condition that makes it wise to continue its service with the Public Works Department. The unit will be sold to maintain fleet balance and for asset recovery. Page 1 of 2 Packet Pg. 660 11.B.a Public Works (cont.) 458. A 2009 Ford Ranger pick up with 78,347 currently shows on the odometer. Unit 548 is utilized by the Sanitary Sewer Section for our participation in joint underground utility locating services. This unit is heavily used on a daily basis and has reached a point where staff believes it is no longer fiscally wise to have it remain in the fleet. The replacement would be a 2018 1500 Ram Cargo Van optioned for its service, and due to its specialized requirements be up -fitted in house. The purchase will be a Northwest Municipal Conference Suburban Purchasing Cooperative contract #156, The cost for this replacement shall not to exceed $27,540.00 453. A 2008 Ford F350 Utility Body with crane with 63,524 currently shows on the odometer. This unit has been scheduled to be replaced as it is inadequately sized for its original purpose. The unit will be repurposed and used as a mobile fire service vehicle by Central Garage. The replacement would be a 2018 Ford F450 Utility Body with crane optioned for its service, and due to its specialized requirements be up -fitted in house. The purchase will be a Northwest Municipal Conference Suburban Purchasing Cooperative contract #143, The cost for this replacement shall not to exceed $135,000 457. A 2002 Chevrolet C2500 pick up truck, 96,517 currently shows on the odometer. This unit is due to be removed from the fleet as it is no longer in a condition that makes it wise to continue its service with the Public Works Department. The unit will be sold to maintain fleet balance and for asset recovery. Community Development 301, 302, and 303. 2010 Ford Ranger pick up trucks, these three units have reached the end of their useful lives at a combined 174,073 miles of service and are now showing signs of body deterioration. It is staff's recommendation to remove the units from the Village fleet. All three units will be sold for asset recovery. The three replacements will be 2018 Ford Escape SE all wheel drive vehicles, purchased jointly through the Northwest Municipal Conference Suburban Purchasing Cooperative Contract #165. The total for the order of these units shall not exceed $67,947.00. Recommendation It is recommended that the following replacement vehicles be acquired through the Suburban Purchasing Cooperative program in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq.) in a total not to exceed amount of $300,289.00 Page 2 of 2 Packet Pg. 661 11.B.b A Joint Purchasing Program I RBAN PURCHASING ForLocal Government Agencies ( 1 1 1 October 20, 2017 Napleton Fleet Group Ms. Kristen N. Hrones, Manager One Oakbrook Terrace, Suite 151 Oakbrook Terrace, IL 60181 Westmont, IL 60559 Dear Ms. Hrones, This letter is to inform you that the Suburban Purchasing Cooperative's Governing Board has approved the award second of three (3) possible one-year contract extensions on SPC Contract # 156 for the 2018 Dodge Ram ProMaster 1500 Cargo Van with Options to Napleton Fleet Group, Westmont, IL from December 10, 2017 through December 9, 2018. The 2018 vehicle base price is $1,193 less than 2017, from $21,604 to $20,411 thanks to an enhanced bid concession amount from FCA/Chrysler Government Fleet Sales. Most option prices are unchanged from 2017 to 2018. With acceptance of this contract extension, Napleton Fleet Group, Westmont, IL agrees to all terms and conditions set forth in the specifications contained within the Request for Proposals to which you responded. Napleton Fleet Group, Westmont, IL will handle all billing. Each vehicle purchased will be assessed a $120.00 administrative fee per vehicle which shall be paid directly by the vendor to the SPC on a quarterly basis. The SPC looks forward to another productive year working with Napleton Fleet Group, Westmont, 1L. Please sign and date this agreement below, retaining copies for your files and returning the original to my attention. The SPC reserves the right to extend this contract for one additional year upon mutual agreement of the both the vendor and the SPC on a negotiated basis. Sincerely, r Ellen Dayan, CPPB Program Manager for Purchasing Northwest Municipal Conference co I p 4)i 10/20/17 / I v" s Name: Ellen Dayan Date Name: Kristen N. Hrones Date Northwest Municinal Conference Nanleton Fleet Q DuPake Mayors A :tanagers Conference 1220 Oak Brook Road Oak Brook, IL 60523 Suzette Quintell Phone: (630) 5-1-0480 Pax: (630) 571-04S4 Northwest Municipal Conference 1600 East GoIJ441, Suite 0700 Ucs Plaines, IL 60016 Ellen Pa*van, CPPB Phone: (847) 296-9201) Fat: (847) 296-9207 South Suburban Mayors And Managers Association 1904 West 174'h Street East hazel Crest, IL 60429 Ed Paesel Phony (708) 206-1155 Far: (708) 206-1133 If III County Governmental League 3180 Theodore Street, Suite 101 Joliet, IL 6043.1 Cherie Belonj Phone: 1815) 729-3535 Far: (815) 729-3536 Packet Pg. 662 SPC COOPERAiIYE . ..... ..... Septe,triber 20, 2017 ("Art-rie Motors Mr. Tom Sullivan 9423 West Lincoln Highway Fran1dort, It 60423 Dear Mr. SLllIjVMl: This letter is to confirm that the Suburban Purchasing Cooperative (Sfl(,--:) Governing Roard has approve(tile price increases oil the 2018 model year rollovers frorn Ford Motor Cornpany on the hallowing Sl)(,' Ford Super Lity TrUCk Contnacts, through tile end of"our Current Contract that expires ort March 17, 2018. l Conti -act 4142 Ford F250 Super Duty flick Up 8 14 3 Ford F350 Super Duty Nck Up 4 145 Ford 1450 XL (Arassis Cah # 146 ll°ord F550 XL, Chassis 2017S 2018S 111cf-ease S 20,198A $20,596.00 $ 398,00 $21,625.00 $22,023.00 S 398.00 $28,921.00 $29,407.00 S 4W00 $ 29,87&00 S,30364.00 S486,00 The previously optional rear camera option priced at $34 1,00 ()it 2017 Super Duty contracts U 142 and # 1, 3 is now standard oil 2018 models. f With acceptance of' these 1-flodel year rollovers, C'Url'iC Motors, FronlJort, IL_ agrccs to alI tcrrns art(] conditio s set 1,61.111 it) the Spocifications Contained within the; RCClUeSt for I)t_Oj,')OSaIS to Willett YOU responded. I C.�-,Lli,,-.r-tc,..M.oto.rs.,._Fraft] orl IL will handle � tl,.I)illi aqh veh le.1 urchased will he assessed a, S1 2Q.Q0.aqtq nistrative �_L . . ......... ........ _.......... � - - I - _ ) __ ...... . ...... __ - _ - � - _1_1 _ ) ""'I" - _ shall be p.4,3tet.di -e it b the vendor to the S1.. orl a qgarl, ly s ...... ... The Sl-'(" looks forward to a productive year working with Currie Motors, Frankfort, [L. Please sign all( (late this apreernept below, retaining copies for your files and rCtUrning tire original to my attention. Sincerely, NWM(-" I'lurchasing Director 09.2C).17 ' ' ' Nalne: F-I'llen Dayan Date Northwest Murricip(al Conficronce Mil"age "I'laYors & melly'(r,gers Collfi!rence 1220 Oak Brook Road Oal, Brook 11, 60.523 Sus ':ctic (�Wmcfl Mimic (().30) 571--o'Is0 1, u( 63 0) '5 71 -0 /S I 0 1114'. Naine: Tom Sullivan CUlTiC M0101-S North west Alu niciPal Cfmfi,rence 1600 A'elvl GOI/ RJ, Suite 0700 Des Phlbu'' IL 60010 ["'I/cIl Al � all, (TP13 Phom, (S47) 296-9_?OQ F(a, (84 71) 296 .9207 Date Smah 5riburbem MaYors Will COmnly And Aa'Sociadfllf Governmen(, I Leaque 1904 West Streel 3180 Theodore SY/ cel, SuiXc 10/ Loyl Ha. -el Ov't' //, 00 L19 Joliel' If, 043.i 1"d Puc.w/ 4mul Ru Igo r P1j(pj(,., (170,Y) 206- / 1,5.5 Phone. (815�, Fu v ( "ON) Z 00 1133 Fat. (815) 71?2-052S I Packet Pg. 663 1 11.B.d 9. A Joint Purchasing Program SUBURBAN PURCHASING For Local Government Agencies I' 't October 2, 2017 Napleton Fleet Group Ms. Kristen N. Hrones, Manager One Oakbrook Terrace, Suite 151 Oakbrook Terrace, IL 60181 Westmont, IL 60559 Dear Ms. 1-bones, This letter is to inform you that the Suburban Purchasing Cooperative's Governing Board has approved the award second of three (3) possible one-year contract extensions on SPC Contract #157 for the 2018 Dodge Ram 1500 4x4 Carew Cab Pickup, 5.5' Bed, 140" WB Special Service Vehicle with Options to Napleton Fleet Group, Westmont, IL. The 2018 vehicle base price is 5622 less than 2017, 525,886 for 2018 vs. 526,508 in 2017. With acceptance of this contract extension, Napleton Fleet Group, Westmont, II, agrees to all terms and conditions set forth in the specifications contained within the Request for Proposals to which you responded. Napleton Fleet Group. Westmont, IL will handle all billing. Each vehicle purchased will be assessed a $120.00 administrative fee; per vehicle which shall be paid directly by the vendor to the SPC on a quarterly basis. The SPC looks forward to another productive year working with Napleton Fleet Group, Westmont, IL. Please sign and date this agreement below, retaining copies for your files and returning the original to my attention. The duration of the contract is December 10, 2017 through December 9, 2018. The SPC reserves the right to extend this contract for up to one additional year upon mutual agreement of the both the vendor and the SPC on a negotiated basis. Sincerely, Ellen Dayan, CPPB Program Manager for Purchasing Northwest Municipal Conference i1 'ice y�/,�' i. rv' 10/02/ 17 Name: Ellen Dayan Date Northwest Municipal Conference Du Page Alayors A :Managers Conference 1220 OuA BrooA Road 0 A Brook 11. 60,i?.Z Sn_CnC (h1inlC11 Phone 16 3l)l 5.'1-04M Fa.t: i6t1J1 5-1-04S4 ,Forthirest .11unicipal Conference 1600 F.a.w Goll'Rcl.. Sltim 0700 UCe Plaines, IL 60016 E/len Duran. CPPB Phone. tS4-) 296-9200 Fit % (84 7) 296-9 21/ 7 V 1diZNjiAJPV. Arones at Napleton Fleet .South Suburban Alarors And :Managers Association 1904 Nest 174" Streel Li1st Ilu_cd Crest. IL 60429 F.el l'uesel Phone: CON) 200- 'i5 a.r:170R3 1 206-11 Will Count), Governmental League 31 80 Theodore Sit-eet. Snile 101 Joliet. IL 60435 Cherie Lich mi Now (S/5)729-3535 F'IV 18151 7 1) 3536 Packet Pg. 664 SPC coor�nnrne Aug)rrst 10, 2017 Currie Motors Mr. 'I'llornas Sullivan 9423 W. Lincoln I kvy. f)-ankfort, R.. 60423 Dear Mr. Sullivan, -["'his letter is to request a model year rollover frorn Ford. Motor Company on the Suburban Purchasing; C, operative(SIT) Contract 9165 1«r the ford Escape with O.Irrie Motors, Frankfort 11., along, with the first o three (3) available contract extensions from November 15, 2017 through November 14, 2018. 1 With acceptance of this contract, Currie Motors, frankfort If.. agrees to all terms and conditions set d J. f'( rth in the specifications contained within the Reqnest for [Iroposa]s to which you responded, �1 C'tirrie IL . . .. will handle all billitn-1. L"ACh Vehicle DUrch-assess ased will he assee ......... . ........... . ... a d i i i i n i s t ra t'v e- fee, elucle which shall bep�qid,directjy idor to the SIIC,on a mu.-qLrty A p�j V -,by .jtj��_y��p . . ........ . . ------------- J?� The SI)C looks forward to another 1�)roductive year working with Currie Motors, 1ranki"ort, 11— F)leas( sign and (hitc this, agrecirmit below, retaining copies for your files and renuning the original to my attention. 'rhe spc reserves the right to extend this contract for up to two (2) additional one-year terms upon ITILItual agreerr ent of tile both the vendor Air(] the `CPC:'on a negotiated basis. I Sincerely, Filen Dayan, ("f)PB Purchasing Director Northwest Municipal Conference Q/2 Q'I 7. Narric: Ellen Dayan Date Northwest Municipal C.onference DuPage Altqory & lfana,qers Con &rence 1220 Ool, HFOok Road Clerk Brook, 11, 60.723 Su.:em, Quilm'// Phone: (030) 571-0480 Fay to.300710484 Northivesillunicipal Coaftrence 600 Efist Go// Rd, Suilc 0700 Des Plaines, IL 60010 ['Wen J)avan' 'N.1 (71 Phone, (847) 290-920(l Fcix: (847) 2 96- 9", 0 7 . ..... . ..... Name: Thomas Sullivan C.'Urric Motors -------------- Date South Suburban Maj,"rs W711 Co Inly An ell fait agerS Association 6'overnment, 4 Lea,4ue / 904 14e, t 1741)1 Yovot 3180 7'heodOr(!'Wv('1' Suit e /01 1"'O'St /hm'/ Crest, IL 60429 Joliet IL, 50435 b'd Pocso/ Cherie' Noni Phone. (70N) 206 1151J Phone. 0/3i 729-3535 F'tv. CON) 200 /133 Fax. (N/.5) 12Y-3530 11 Packet Pg. 665 1 Action Item : Sidewalk Cutting ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. Staff recommends a waiver of bids and authorization to execute an agreement with Safe Step LLC in an amount not to exceed $34,999, pending final review and approval of the agreement by the Village Attorney. ATTACHMENTS: • Memo SC 2018 (DOCX) Trustee Liaison Stein Monday, January 22, 2018 Staff Contact Brett Robinson, Finance Updated: 1/17/2018 10:40 AM Page 1 Packet Pg. 666 11.C.a A1, L AGE )F MEMORANDUM DATE: January 17, 2018 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Darren Monico, Village Engineer SUBJECT: Sidewalk Cutting Background In 2016 staff sought bids for sidewalk cutting, after an extensive search only two companies provided a bid. Both companies use different proprietary methodologies to provide the requested service. As the methods for performing this service are proprietary, there is unfortunately not much competition in the marketplace. After using Safe Step for several years, the Village awarded the bid in 2016 to Sidewalks Plus due to lower pricing and solid references. While Sidewalks Plus did eventually complete the cutting program in 2016, it is the opinion of the Engineering Department that Safe Step's methodology for performing the sidewalk cuts is more time efficient and creates less disruption for homeowners. For this reason staff is recommending a waiver of bids and authorization to execute an agreement with Safe Step. The pricing provided by Safe Step is in line with estimates generated by Engineering staff. Due to the proprietary nature of the work Safe Step's proposal shall be distributed to the Village Board under separate cover. Recommendation Staff recommends a waiver of bids and authorization to execute an agreement with Safe Step LLC in an amount not to exceed $34,999, pending final review and approval of the agreement by the Village attorney. Packet Pg. 667 Action Item : Authorization to Purchase Equipment through the National Joint Powers Alliance ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. Staff recommends that the equipment be acquired through the National Joint Powers Alliance program in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq.) in a total not to exceed amount of $172,154.59. All equipment will be funded through the vehicle reserve. ATTACHMENTS: • NJPA 2018 (DOCX) • Acceptance_and_Award-Bobcat-Clark-042815 (PDF) • Acceptance_and Award-Morbark_062117 (PDF) Trustee Liaison Stein Monday, January 22, 2018 Staff Contact Brett Robinson, Finance Updated: 1/17/2018 10:54 AM A Page 1 Packet Pg. 668 11.D.a 1,1 OF �13UFFALO GROVE DATE: January 11, 2018 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Mike Reynolds, Director of Public Works RE: Equipment Purchases — Public Works Background Information Is Staff requests authorization to purchase, one Morbark Wood Chipper and one Bobcat Track Loader. These units will be procured through a joint purchase program in conjunction with the National Joint Powers Alliance (NJPA). All units are fully funded in the capital reserve. New Equipment: The Department of Public Works Street and Drainage Sections performed pricing and demonstrations of comparable equipment for the two tasks described below. The proposed T770 T4 Bobcat Compact Track Loader is compatible with existing attachments owned by the Village, allowing for flexibility in work assignments and cost savings The Street Section has been tasked with an increased number of pavement repairs that require the curb line edges of the asphalt pavement to be ground away and replaced. The proposed Bobcat track loader will operate the Village's existing grinding equipment in a more stable format allowing for a better longer lasting repair. The Drainage Section has been tasked with clearing invasive plant material from drainage areas. This clearing work done with cooperation with the Forestry Section will use the Village's existing 72 inch clear cut Skid Pro cutting attachment. This work is off road in areas that require the use of a tracked machine for its ability to maneuver on unstable ground, and tractive force to move the cutting attachment through overgrown terrain. By procuring standardized equipment for the fleet the Village is able to reduce costs over other similar products that would either be job specific or require the purchase of new attachments to perform similar work. The equipment requested is a T770 T4 Bobcat Compact Track Loader, provided by Atlas Bobcat priced on National Joint Powers Alliance contract number #042815-CEC at a not to exceed price of $72,204.00. Page 1 of 2 Packet Pg. 669 11.D.a The unit scheduled for replacement: C01. It has been requested by Department of Public Works Forestry Grounds Section that existing unit C01 a 1995 Morbark 17 Wood Chipper be replaced, the unit has 3254 total hours of run time in service to the Village. This unit has reached a point in service where it is no longer wise to maintain it for operation. The proposed replacement, a 2018 Morbark Model M18R, is a larger unit equipped with state of the art operator protections systems. This ChipSafe system will provide protection for operators and equipment from being in contact with dangerous areas in the machine This procurement is a joint purchase under National Joint Powers Alliance contract #06117- MBI as provided by Alexander Equipment, a Morbark distributor, at a cost not to exceed $99,950.59. Recommendation It is recommended that the following equipment be acquired through the NJPA in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq.) in a total not to exceed amount of $172,154.59 Page 2 of 2 Packet Pg. 670 Contract Award FORM D RFP �042815,'� Formal Offerina of Prol2osal (To be completed Only by Proposer) MEDIUM, DUTY AND COMPACT CONSTRUCTION AND MAINTENANCE EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES � In compliance with the Request for Proposal (RFP) for MEDIUM DUTY AND COMPACT CONSTRUCTION AND MAINTENANCE EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES ;the undersigned warrants that Uwe have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical sp'60ifl I cations, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this R.FP, and all Proposer's Response documentation, Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance of any sub -contractors employed by the Proposer in fulfillment of this proposal I sal is the sole responsibility of the Proposer, Company Name'` . kL r-, e, Date; Company Address: 2— f_ City State: _kW. Zip: Contact Person: Title: L Authorized Signature (ink only): (Name printed or typed) 40 F Packet Pg. 671 Form E P-1 J PA Contract Acceptance and Award cro be completed only by NJPA) NJ'PALM2815 MEDIUM DUTY AND COMPACT CONSTRUCTION AND MAINTENANCE EQUIPMENT WIT,, J RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES Clark Equipment Company dba Bobcat Company & Doosan Infracore Proposer's full legal name Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Foln-1 C. The effective start date of the Contract will be A4 20__I"_.) and continue for four years from the board award date. This contract has the can idetatioi f oa 1 h year renewal option at the discretion of NJPA. of a 1 National Joint powers Alliance© NJPA Authorized signature: co� JPA Executive Director (Name printed or typed) Awarded this day of 6 - 118ir 20--- NJPA Contract Numbei �42 —5-CECI NJPA Authorized signature: 0 r't — aj>�� er--a NJPA Member (Name printed or typed) �jPA Executed this l day of 120 NJPA Contract Number OL4281 S-CEC Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C. Vendor Name , &C4-7 Vendor Authorized signature: E`- -/ . -- ��printed -o;r--typed) Title: 4;'11 Ps f A It -AA <- A,57 A,- :-tl fxl-d I I -- - 1 &1I --- Executed this 7- day 20- Y NJPA Contract Number 41 I Packet Pg. 672 1 11.D.c FORM E ['--ONTRACT ACCEPTANCE ♦ . ♦ ♦14 PA National Mint Powers Alliance' Cv �h C7 ,end fi'URCHABIM�' (Top portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as port of the RFP response.) NJPA Contract #: 062117-MBI Proposer's full legal name: Morbark, LLC Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet oil of the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by NJPA. The effective date of the Contract will be August 18, 2017 and will expire on August 18, 2021 (no later than the00 later of four years from the expiration date of the currently awarded contract or four years from the date that the c NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's N r• discretion. C0 N NJPA Authorized Signatures: NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE Awarded on August 17, 2017 Vendor Authorized Signatures: chwartz IGNITED OR TYPED) )auetfe (NAME PRINTED UR IYPEtU) NJPA Contract # 0621 17-MBI The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name Authorized Signatory's Title o "v a VENDOR AUTHORIZED SIGNATURE Executed an 7 20J` ""r, ram 1NAME PRINTED OR TYPED) NJPA Contract # 062117-MBI Packet Pg. 673