2018-06-04 - Village Board Committee of the Whole - Agenda Packet19
2.
3
Meeting of the Village of Buffalo Grove
Village Board
Committee of the Whole
June 4, 2018 at 7:30 PM
Call to Order
A. Pledge of Allegiance
Fifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
Special Business
A. Proposed Lake County Community Foundation Agreement (Trustee Weidenfeld) (Staff
Contact: Evan Michel)
B. Presentation of the 2018 Environmental Plan and Discussion on a Sustainability Plan
(Trustee Weidenfeld) (Staff Contact: Brett Robinson)
C. Suburban Liability Insurance Pool Update (Trustee Berman) (Staff Contact: Scott
Anderson)
D. Discussion Regarding the Small Wireless Facilities Deployment Act Recently Approved
by the State of Illinois (Trustee Ottenheimer) (Staff Contact: Chris Stilling)
E. General Fund Five -Year Operating Forecast (Trustee Stein, Trustee Johnson) (Staff
Contact: Scott Anderson)
F. Water Fund Twenty -Year Rate Forecast (Trustee Stein, Trustee Johnson) (Staff
Contact: Scott Anderson)
Questions From the Audience
Questions from the audience are limited to items that are not on the regular agenda. In
accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the
audience will be limited to 10 minutes and should be limited to concerns or comments regarding
issues that are relevant to Village business. All members of the public addressing the Village
Board shall maintain proper decorum and refrain from making disrespectful remarks or comments
relating to individuals. Speakers shall use every attempt to not be repetitive of points that have
been made by others. The Village Board may refer any matter of public comment to the Village
Manager, Village staff or an appropriate agency for review.
4. Executive Session
A. Executive Session- Section 2(C)(3) of the Illinois Open Meetings Act: the Selection of a
Person to Fill a Public Office, as Defined in This Act, Including a Vacancy in a Public
Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the
Discipline, Performance or Removal of the Occupant of a Public Office, When the Public
Body is Given Power to Remove the Occupant Under Law or Ordinance. (President
Sussman) (Staff Contact: Dane Bragg)
B. Executive Session- Section 2(C)(6) of the Illinois Open Meetings Act: the Setting of a
Price for Sale or Lease of Property Owned by the Public Body. (President Sussman)
(Staff Contact: Dane Bragg)
C. Executive Session - Section 2(C)(1 1) of the Illinois Open Meetings Act: Litigation, When
an Action Against, Affecting or on Behalf of the Particular Public Body Has Been Filed
and is Pending Before a Court or Administrative Tribunal, or When the Public Body Finds
that an Action is Probable or Imminent, in Which Case the Basis for the Finding Shall be
Recorded and Entered into the Minutes of the Closed Meeting. (President Sussman)
(Staff Contact: Dane Bragg)
5. 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 andlor
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.
Information Item : Proposed Lake County Community Foundation
Agreement
Recommendation of Action
.................... §
aff recommends discussion.
Staff utilized the Village Board's feedback from the October 2017 Committee of the Whole meeting and
began negotiations with the Lake County Community Foundation. These negotiations resulted in the
attached Donor Advised Fund Agreement for the creation of a Buffalo Grove Donor Advised Fund that
supports, funds, and manages many of the village's quality of life initiatives. Staff is seeking direction on
whether to move forward with the proposed Donor Advised Fund Agreement.
ATTACHMENTS:
• Proposed Donor Advised Fund Agreement with the Lake County Community Foundation.edited
(DOCX)
• CHICAGO 14715340-0 -Donor — Advised — Fund_Agreement--
-revised_by_LCCF—with—Tresslers—comment em (DOC)
Trustee Liaison
Weidenfeld
I Monday, June 4, 2018 1
Staff Contact
Evan C Michel, Office of the Village Manager
Updated: 5/29/2018 8:45 AM
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VIIA.,AGE OF
BUFFAI.,0 (.11FROVE
MEMORANDUM
TO: Buffalo Grove Village Board
FROM: Evan Michel, Assistant to the Village Manager
DATE: May 1, 2018
R E: Proposed Donor Advised Fund Agreement with the Lake County
Community Foundation
Policy Question
Does the Village Board support the creation of a Donor Advised Fund through
the Lake County Community Foundation that supports, funds, and manages
many of the village's quality of life initiatives?
Previous Actions
During the May 1, 2017 Committee of the Whole Meeting the board discussed
the policy question "to advise staff which is the preferred tool, a Donor Advised
Fund or Private 501c3, for the establishment of a Buffalo Grove Community
Fund/Foundation." Maggie Morales and Miah Armour of the Lake County
Community Foundation presented an overview of the Lake County Community
Foundation as well as the benefits of a Donor Advised Fund compared to a
private 501 c3. The Village Board concurred that a partnership with the Lake
County Community Foundation had numerous benefits, however, additional
research and vetting was necessary.
A list of questions was created and sent to the Lake County Community
Foundation. Most important was whether the Donor Advised Fund in Buffalo
Grove would have the ability to make recommendations for distributions to
qualified charitable organizations in both Lake and Cook Counties and whether
the Village qualified as an entity to receive funds. The Lake County Community
Foundation has provided a letter indicating that distributions can be made to
both Cook and Lake Counties and that the Village is a qualified entity to receive
the funds.
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Staff then requested that counsel examine the legal and practical
consequences of creating a partnership with the Lake County Community
Foundation. Tressler recognized substantial administrative and financial benefits
in creating a Donor Advised Fund with Lake County Community Foundation.
Noting, although there are risks associated with establishing a Donor Advised
Fund, they believe that these risks can be mitigated by amending the Donor
Advised Fund Agreement.
The Lake County Community Foundation requires a minimum establishment gift
of $10,000. Staff previously presented at the April 2016 and September 2016
Committee of the Whole meetings the concept of reallocating the funds
currently budgeted for the quality of life initiatives to a potential community
foundation. However, at this time, staff recommends that a portion of 2017 Fund
Balance dollars be allocated to the initial establishment. The Village Board can
likewise choose to seed the fund with an amount over the minimum
establishment gift.
Requested Actions
Village Staff and the Lake County Community Foundation have created the
attached draft Donor Advised Fund Agreement. This document outlines the
process of establishing a fund as well as the fund's structure. The process begins
with the village making an establishing gift to the fund. These funds will be
invested and managed by the Lake County Community Foundation. The village
also appoints advisors to the fund to make recommendations regarding
distributions and grants by majority vote. These recommendations are
evaluated by the foundation to ensure compliance with IRS regulations. The
Lake County Community Foundation has indicated that grants are only rejected
if they do not meet IRS regulations - which would be the same regulations the
Village would need to satisfy if operating its own 501c3. Once the foundation
grants their final approval, the grants are processed and are paid within that
month.
Staff is seeking direction on whether to move forward with the proposed Donor
Advised Fund Agreement.
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mmi T H E LA K E C 0 U NTY
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COMMUMTY FOUNDATION
Ar,i a�f����ate of nie C�-iicago Cormn�n,�ity 1'rl.)st
Donor Advised Fund Agreement
Village of Buffalo Grove Community Fund
The Village of Buffalo Grove ("Donor"), an Illinois municipal corporation, and The Lake County
Community Foundation ("Foundation"), an Illinois not -for -profit charitable corporation, agree to
establish a separate fund on the books and records of the Foundation to be known and commonly
referred to as the Village of Buffalo Grove Community Fund ("Fund"). The Donor and any other
entity or person may from time to time transfer additional property to the Foundation under this
Donor Advised Fund Agreement ("Agreement") and all contributions made under this Agreement
shall constitute an gift. The Fund created hereunder shall be held, administered, and distributed
solely for the general charitable purposes of the Foundation subject to the Articles of Incorporation
of the Foundation, dated September 15, 2005, and the provisions of this Agreement.
Now, therefore, in consideration of the premises, the parties hereto do hereby agree as follows:
1. The Board of Directors of the Foundation ("Board of Directors") shall distribute the net income
and principal of the Fund to such one or more organizations described in Section 170(b)(1)(A)
of the Internal Revenue Code of 1986, as amended (the "Code"), other than a "disqualified
supporting organization" within the meaning of Section 4966(d)(4) of the Code, which are
organized and operated for one or more purposes described in Section 170(c)(2)(B) of the Code
as may be determined in the sole discretion of the Foundation's Board of Directors to be in
furtherance of the purposes of the Foundation.
2. The Advisors to the Fund shall be the following:
a. Village of Buffalo Grove Village Manager
b. Village of Buffalo Grove Trustee, to be identified and appointed by the members of the
Village of Buffalo Grove Board of Trustees
c. Village of Buffalo Grove Community Member, to be identified and appointed by the
members of the Village of Buffalo Grove Board of Trustees
Advisors to the Fund shall make recommendations regarding distributions from the Fund by
majorityvote.
3. The Board of Directors shall from time to time consult with the Advisors regarding distributions
of the net income and principal of the Fund as provided in this Agreement. The
recommendations of the Advisors regarding distributions from the Fund shall be advisory only,
and the Board of Directors shall not be bound by such recommendations and shall retain
exclusive legal control over all property owned by the Fund and the income derived therefrom.
4. Subject to the provisions of this paragraph, the Advisors may, from time to time and by majority
vote, recommend amendments to this Agreement, including, but not limited to, amendments to
change the name of the Fund, to remove or replace an Advisor, to add successor Advisors, to
change the authority granted to a successor Advisor or to change the Fund's charitable purpose;
provided, however, that any such recommendation shall be made by the Advisors by an
instrument in writing signed by the Advisors and delivered to the Foundation; provided,
further, however, that any such recommendation of the Donor regarding amendments to this
uffalo Grove Community Fund
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Agreement shall be advisory only, and the Foundation shall not be bound by such
recommendations and such amendments shall be made in the sole discretion of the Foundation.
5. The following provisions shall apply to the Fund:
a. All grant recommendations shall be in writing in accordance with the policies of the
Foundation from time to time in effect.
b. No distribution of net income or principal from the Fund shall be used to satisfy any
charitable pledge made by, or legal obligation of, the Donor or Advisors.
C. No distribution of net income or principal from the Fund shall be made if such distribution
would result in the imposition of any tax described in Sections 4966 or 4967 of the Code.
d. The Foundation shall not retain in the Fund any "excess business holdings" as defined in
Section 4943 of the Code.
e. The Foundation, Donor, and any Advisor shall not engage in any "excess benefit
transaction" as defined in Section 49S8(c) of the Code, with respect to the Fund.
6. It is understood that the Fund will be charged regularly for direct and indirect expenses
attributable to the maintenance of funds of this type and in accordance with the policies of
the Foundation from time to time in effect.
7. It is intended that the Fund shall qualify as a "donor advised fund" within the meaning of
Section 4966(d)(2) of the Code and that nothing in this Agreement shall affect the status of
the Foundation as an organization described in Sections 509(a)(3) and 170(b)(1)(A)(vi) of
the Code. This Agreement shall be interpreted in a manner consistent with the foregoing
intention and the Foundation is authorized to amend this Agreement to conform to the
provisions of any applicable law or government regulation in order to carry out the
foregoing intention.
8. The undersigned duly authorized representatives represent and warrant that no additional
consents, approvals or authorizations are necessary or required to effectuate this Agreement.
IN WITNESS THEREOF, this Agreement has been executed and shall be effective as of the date
below last written.
DONOR:
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Dane Bragg, Village Manager
On behalf of the Village of Buffalo Grove
Miah H. Armour
Executive Director,
Lake County Community Foundation
uffalo Grove Community Fund
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Date
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DM #715340
05/17/2018
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Information Item : Presentation of the 2018 Environmental Plan and
Discussion on a Sustainability Plan
Recommendation of Action
.................... §
aff recommends presentation.
Staff will make a brief presentation of the 2018 Environmental Plan to the Village Board and discuss the
replacement of the Environmental plan with a Sustainability plan based upon the (Greenest Region
Compact) GRC2 model.
ATTACHMENTS:
• Memo Environmental Plan (DOCX)
• GRC2 Overview (DOCX)
• Environmental Plan 2018 (PDF)
Trustee Liaison
Weidenfeld
I Monday, June 4, 2018 1
Staff Contact
Brett Robinson, Finance
Updated: 5/30/2018 4:00 PM
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BUFFALO Cl?,,(.)V'E
MEMORANDUM
DATE: June 1, 2018
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
SUBJECT: Presentation of Environmental Plan
Background
In 2009 the Village created its first Environmental Plan. The plan compiled ongoing and special projects
of an environmentally preferable or friendly nature. Currently the plan is focused on maintaining
partnerships with environmental groups, continued recycling efforts and opportunities, as well as
promoting ecofriendly events and programs.
After nearly a decade the Environmental Plan remains mostly unchanged in format and in order to remain
relevant staff recommends transition to a more strategic, Sustainability Plan. The Environmental Plan in
its current form is simplistic, lacks structure, foresight, and does not cover all of the environmental goals
the Village currently pursues.
Staff has begun the process of reviewing potential goals, developing a project schedule, and creating an
outline for a Sustainability Plan based upon the Greenest Region Compact 2 (GRC2) framework. A copy
of the high level objectives of the GRC2 framework is attached for reference.
It should be noted that the GRC2 framework cited the Village of Buffalo Grove's 2014 Environmental plan
as a source for some of the goals.
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The Greenest Region Compact 2
The member municipalities of the Metropolitan Mayors Caucus seek a vibrant,
sustainable future for their communities and the greater Chicago region. The consensus
goals of the Greenest Region Compact 2 aim for enhanced quality of life for residents;
protection and stewardship of the environment and sustainable economic vitality.
To become the most sustainable and successful region in the United States, they,
therefore, support the following consensus goals of the Greenest Region Compact 2 and
agree to work to achieve them, both in their own communities and in collaboration
throughout the region:
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I" Climate
Reduce greenhouse gas emissions
Maintain clean and healthful air
Develop resiliency to climate change impacts
Engage the community in climate change mitigation and adaptation
1"E Economic Development
Promote innovation and a competitive workforce
Cultivate local and sustainable development, jobs, and businesses
1� Energy
Use energy for buildings and facilities efficiently
Advance renewable energy
Reduce energy consumption
Enact policies that support clean energy
Engage the community in clean energy practices
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Land
Encourage strategic development that upholds sustainability principles
Conserve, restore and enhance natural features and ecosystems
Support networks of accessible well -used and enjoyable parks
Sustain a robust urban forest canopy
Sustain beautiful landscapes that provide ecosystem services
Achieve greater livability through sustainable land use and housing policies
Cultivate a conservation ethic in the community
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Leadership
Enlist support for GRC2 goals through regional, state and national leadership
Advocate for policies that align with and advance the GRC2
Work collaboratively towards a sustainable region
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The Greenest Region Compact 2
Mobility
Support safe and effective active transportation
Maintain a diverse, safe, and efficient transportation network
Support efficient transportation that uses resources wisely
Integrate sustainability into transportation policies, programs, and regulations
Promote public and sustainable transportation choices
A&I
ImMunicipal Operations
Lead by demonstrating sustainable values and practices
Integrate sustainability into all municipal operations
Operate a safe, clean and efficient fleet
Collect and manage data to advance sustainability
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40*11 Sustainable Communities
Promote cultural vibrancy in the community
Foster a culture of health, safety, and wellness
Increase access to sustainably grown local food
Sustain community principles that are welcoming, inclusive and equitable
Promote a sustainable identity for the community
Ensure local policies and codes support sustainability
Cultivate community values based on principles of sustainability
"415,
Waste & Recycling
Support sustainable material management
Recycle materials across all sectors
Divert waste from landfills
Enact policies that cause sustainable material management
Engage the community in waste reduction and recycling
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6 Water
Use and distribute water efficiently
Protect and improve and water quality
Manage water system assets sustainably
Optimize the use of natural and built systems to manage stormwater
Practice stewardship of water resources
Enact policies to protect water resources
Engage the community in water stewardship
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Year 2018 Village of Buffalo Grove Environmental Plan — I
"rable of Contents
Introduction..................................................................................................................................... 2
Regional Leadership & Partners ..................................................................................................... 2
A. The Greenest Region Compact 2 ................................................................................................................. 2
B. Solid Waste Agency of Northern Cook County (SWANCC) .......................................................................... 2
C. Buffalo Grove Environmental Action Team (BG EAT) . ................................................................................. 2
WaterConservation and Quality ..................................................................................................... 3
A. WaterSense program .................................................................................................................................... 3
B. Buffalo Creek Clean Water Partnership (BCCWP) . ...................................................................................... 3
C. Stream water sampling and analysis . ...........................................................................................................
3
WasteRecycling .............................................................................................................................
4
A. Holiday lights recycling program ...................................................................................................................
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B. Residential recycling program . .....................................................................................................................
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C. Recycling at Village Hall . ..............................................................................................................................
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D. Electronics Recycling & Document Destruction Event ..................................................................................
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EnergyEfficiency ...........................................................................................................................
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A. Performance Contracting ..............................................................................................................................
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B. Efficient Lighting ...........................................................................................................................................
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Planning and Development .............................................................................................................
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A. Review Development Projects In the Context of Envriomental Sustainability ...............................................
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Reforestation...................................................................................................................................
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A. Parkway Tree Planting ..................................................................................................................................
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Outreachand Education ..................................................................................................................
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A. Environmental Fair ........................................................................................................................................
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B. Earth Hour Promotion . ..................................................................................................................................
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C. Promotion of Pace bus services ...................................................................................................................
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D. Promote utilizing alternate modes of transportation to work to Village employees . ......................................
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Year 2018 Village of Buffalo Grove Environmental Plan - 2
Introduction
For the past decade, the necessity to take active stewardship on environmental issues has been
paramount. Buffalo Grove has responded by:
• Establishing an Environmental Committee,
• Developing and implementing a number of environmentally- friendly policies and
programs which have benefited the community,
• Coordinating with local, regional and state partners on environmental initiatives.
The Village's 2018 Environmental Plan includes a detailed overview of on -going and proposed
initiatives for calendar year 2018.
Regional 1,eadership & Partners
A. THE GREENEST REGION COMPACT 2 (GRC2) presents consensus goals for environmental
sustainability to be addressed by local municipalities, yet it will have coordinated, positive
impacts on a much larger scale.
The ten sustainability areas addressed by GRC2 are climate, economic development, energy,
land, leadership, mobility, municipal operations, sustainable communities, waste & recycling,
and water. Within each area are goals of interest to all communities and aligned with important
regional, national and global goals
Goal - The Environmental Committee will bring to the Village Board a discussion on the process
of transitioning the Environmental plan to a Sustainability plan using the GRC2 sustainability
framework as a guide to develop the new plan.
B. SOLID WASTE AGENCY OF NORTHERN COOK COUNTY (SWANCC). The Village is a
member of the SWANCC which is an organization that provides programs, resources,
presentations and workshops to educate about solid waste technologies and the benefits of waste
reductions practices. www.swance.org.
C. BUFFALO GROVE ENVIRONMENTAL ACTION TEAM (BG EAT). BG EAT is a group of
community volunteers sponsored by the Buffalo Grove Park District. The Environmental
Action Team of Buffalo Grove strives to raise awareness, improve the community's natural
environment and encourage sustainability practices for present and future generations. The
Village coordinates with BG EAT on a myriad of initiatives as set forth within this
Environmental Plan.
D. BUFFALO CREEK CLEAN WATER PARTNERSHIP (BCCWP). the Buffalo Creek Clean
Water Partnership organization was established in 2012. Their goal is to improve flood control,
reduce erosion, improve water quality and enhance ecosystems throughout the watershed.
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Year 2018 Village of Buffalo Grove Environmental Plan — 3
Water Conservation and Quality
A. WATERSENSE, PROGRAM. In March, 2011 the Village joined the United States
Environmental Protection Agency's (EPA) WaterSense Program. WaterSense seeks to
protect the future of our nation's water supply by offering people a simple way to use less
water with water -efficient products and services. Additionally, the Village of Buffalo Grove
recently updated its code to require WaterSense products when new plumbing fixtures are
added, or existing fixtures are replaced. ht!ps://www3.epa.�,ov/watersense/. Buffalo Grove
will use the electronic newsletter and web site to promote "WaterSense" throughout the year.
Goals:
• Web site promotion
• Village newsletter
• Electronic newsletter
ongoing
March/April
March, May, July
B. BUFFALO CREEK CLEAN WATER PARTNERSHIP (BCCWP). The BCCWP completed
development of a watershed -based plan in 2015. The Village Board passed a resolution in
June of 2016 supporting the BCCWP watershed -based plan.
In 2017 the Public Works Department and BCCWP completed a detention basin retrofit to
the west of Village Hall. Staff will work with the BCCWP to review the completed project
and determine the feasibility of future detention basin retrofits.
Goals:
• Promote BCCWP website
ongoing
• Presentation to Village Board
TBD
• Habitat restoration by BCCWP
ongoing
• Detention basin retrofit
ongoing
• Outreach and Education
Quarte rly
• Continue to work with DRWW
ongoing
C. STREAM NVATER SAMPLING AND ANALYSIS. Continue to manage a program to
conduct stream water sampling. The purpose of the program is to identify if there are specific
pollutants in the water stream such as fecal coliform, phosphorous and chlorides, and
possibly the sources of pollution; to determine trends; and to screen for impairment. Finding
excessive levels of one or more chemical constituents can serve as an early warning "screen"
of potential pollution problems.
Goals:
0 Report from 2017 sampling
0 2018 sampling
0 Analysis of sampling results
a Share results with BCCWP
March
October
ongoing
April -May
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Year 2018 Village of Buffalo Grove Environmental Plan - 4
Waste Recycling
A. HOLIDAY LIGHTS RECYCLING PROGRAM. The first year that the Village offered its
residents an opportunity to recycle holiday lights at Village Hall was 2010. For the
2016/2017 season, a total of 644 pounds were collected. For the 2017/2018 season, through
December 31, 2017, the Village has collected over 400 lbs. of holiday lights so far this year.
The 2017/2018 season program totals will be available in April 2018.
Goals:
• Web site promotion
• BGTV
• Village newsletter
• Press release
ongoing
ongoing
November/December
January, November
B. RESIDENTIAL RECYCLING PROGRAM. In 2012, the Village entered into a refuse,
recycling and landscape contract with Waste Management for all residential properties in
Buffalo Grove. The contract was awarded following a Request for Proposal process approved
by the Corporate Authorities. Information about the contract will continue to be
communicated to Village residents with an emphasis on the recycling program. During
Calendar Year 2017 Waste Management collected 4,244.11 tons of material from Buffalo
Grove residents to be recycled. This is an increase of an estimated 1,300 tons over the prior
year. More information about Waste Management's sustainability efforts can be found at
htt]2://sustainabilily.wm.com/
Goals:
• Web site promotion ongoing
• BGTV ongoing
• Village newsletter March/April
• Press release March/April
• Electronic newsletter March/April
C. RECYCLING AT VILLAGE HALL. The Village offers residents the opportunity to drop
off for recycling a number of items not allowed to be disposed through the curbside program
and could pose a threat to the environment if disposed of through landfilling. The recycled
items include sharps waste, prescriptions/expired medications, batteries, and fluorescent
lights. In 2017 the Village and its residents were able to recycle and/or divert 2,919 lbs. of
batteries; 3,480 lbs. of expired and unwanted drugs; 1,864lbs. of sharps and 2,736 fluorescent
light bulbs from area landfills.
Goals:
• Web site promotion
• BGTV
• Village newsletter
• Electronic newsletter
ongoing
ongoing
July/August
Quarterly
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Year 2018 Village of Buffalo Grove Environmental Plan - 5
D. ELECTRONICS RECYCLING & DOCUMENT DESTRUCTION EVENT. The event is
tentatively planned for Fall 2018. The Village will coordinate with Hamilton Partners for use
of the parking lot at 151 Hastings in Buffalo Grove where the event is anticipated to be held.
The Village partners with a volunteer member of our business community, Block &
Company, for this event which is provided in conjunction with SWANCC, and the Buffalo
Grove Environmental Action Team. Last years event resulted in the collection of a total of
35,549 lbs. of used electronics being able to be recycled and 18,640 lbs. of personal
documents being safely shredded and recycled. The Village of Buffalo Grove also maintains
an account with Midwest Computer Recycling, Inc which recycles municipally owned
electronic material.
Goals:
• Secure site March
• Prepare marketing plan May
• Review site logistics June
• Event management September
Energy Efficiency
A. PERFORMANCE CONTRACTING As a part of the Performance Contract, the Village
partnered with Siemens to install an electric car charging station at the Arboretum
Clubhouse.
B. EFFICIENT LIGHTING The Village will continue to seek out grant funding sources to
upgrade the remaining High Pressure Sodium lights to more energy efficient LED.
Goals:
• Publicize Electric Car Charging Station April 2018
• Seek out Grant funding ongoing
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Year 2018 Village of Buffalo Grove Environmental Plan - 6
Planning and Development
A. REVIEW DEVELOPMENT PROJECTS IN THE CONTEXT OF ENVIRONMENTAL
SUSTAINABILITY. Examine all planning and development projects in the environmental
sustainability context. This includes encouraging development patterns and projects that
promote public transit, walking, and bicycling usage, as well as considering green
infrastructure projects where appropriate, and promoting energy -efficiency improvements in
existing and proposed developments.
Goals:
0 Review development projects in context of environmental sustainability. ongoing
Reforestation
A. PARKWAY TREE PLANTING. The Village remains committed to diversifying the
urban forest. This year, we anticipate the tree replacement program to return to more normal
levels. All species and locations of replacement trees will be selected by the Village to ensure
proper diversity of our urban forest moving forward. This diversity of our urban forest will
help prevent against situations like the Emerald Ash Borer infestation in the future.
Goals:
0 Resume normal tree replacement program November
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Year 2018 Village of Buffalo Grove Environmental Plan - 7
Outreach. and. Education
A. ENVIRONMENTAL FAIR. Assist the Buffalo Grove Environmental Action Team with the
coordination of the annual Buffalo Grove Green Fair. The Fair is tentatively scheduled to be
held at Rylko Park on Sunday June 24, 2018 from 8:00 am - 12:30 pni adjunct to the
Farmers Market. The BGEAT Team will be collecting a myriad of items for recycling and
reuse.
Goals:
0 Promotion of Environmental Fair
May -June
B. EARTH HOUR PROMOTION. On Saturday March 24,2018 at 8:30 PM Lights around the
globe are encouraged to be turned off for Earth Hour; individuals were also encouraged to
commit to actions that go beyond the hour. Earth Hour started in 2007 in Sydney, Australia
when 2.2 million individuals and more than 2,000 businesses turned their lights off for one
hour to take a stand against climate change. With almost 5 million supporters and a global
network in over 100 countries/territories, Earth Hour is now one of the world's largest and
most respected movements. Earth Hour is organized by the World Wildlife Fund (WWF).
WWF's mission is to stop the degradation of the Earth's natural environment and build a
future where people live in harmony with nature.
Goals:
0 Promotion & public education
February/March
C. PROMOTION OF PACE BUS SERVICES. Pace is the Suburban Bus Division of the
Regional Transportation Authority. The Village will promote this commuter program
through web links on the Village's web site.
http://www.pacebus.com/sub/bus system/buffalo grove tc mgp.asp
Goal:
0 Pace website Promotion
Ongoing
D. PROMOTE UTILIZING ALTERNATE MODES OF TRANSPORTATION TO WORK TO
VILLAGE EMPLOYEES. Encourage the public and Village employees to bicycle and utilize
public transportation for travel to work during the Bike to Work Challenge June
16-30, 2018 sponsored by the Active Transportation Alliance
Goals:
• Promotion & public education, Bike to Work Week
• Participation & promotion, for Village employees.
May
June
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Year 2018 Village of Buffalo Grove Environmental Plan - 8
Village Officials:
President Beverly Sussman
Trustee Jeff Berman
Trustee Andy Stein
Trustee Les Ottenheimer
Trustee David Weidenfeld
Trustee Joanne Johnson
Trustee Eric Smith
Village Clerk Janet Sirabian
Village Manager Dane Bragg
Village ofBuffalo Grove Environmental Committee:
David Weidenfeld . Board of Trustees Liaison
Brett Robinson, Purchasing Manager
Michael Reynolds, Director of Public Works
Mike Skibbe, Deputy Director of Public Works
Brian Sheehan, Building Comm.
Nicole Woods, Village Planner
Darren Monico, Village Engineer
A desirefor thefuture to be as
good as you want it to be.
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Information Item : Suburban Liability Insurance Pool Update
Recommendation of Action I
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taff recommends discussion.
Staff will provide an update on the Suburban Liability Insurance Pool.
Trustee Liaison
Berman
I Monday, June 4, 2018 1
Staff Contact
Scott Anderson, Finance
Updated: 5/30/2018 2:42 PM
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Information Item : Discussion Regarding the Small Wireless
Facilities Deployment Act Recently Approved by the State of Illinois
Recommendation of Action
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aff recommends discussion.
On April 12, 2018, Governor Bruce Rauner signed SB 1451 (P.A. 100-0585), the Small Wireless Facilities
Deployment Act (Act). This Act provides the regulations and process for permitting and deploying small
cell wireless facilities throughout Illinois. The new Act restricts the regulatory authority of Illinois
municipalities (including home rule municipalities with the exception of Chicago) over small wireless
facilities, The Act will go into effect on June 1, 2018. Municipalities have two months from the effective
date to adopt application fees through an ordinance or a written schedule of permit fees. Staff will provide
a brief overview of the Act and the timeline for adopting an Ordinance.
ATTACHMENTS:
• COW Memo (DOCX)
• Draft Model Ordinance(DOCX)
• Draft Model Pole Agreement (DOCX)
Trustee Liaison
Ottenheimer
I Monday, June 4, 2018 1
Staff Contact
Chris Stilling, Community Development
Updated: 5/30/2018 4:25 PM
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VILLACE",, OF
BUFFALO GROVE
DATE: June 1, 2018
TO: President Beverly Sussman and Trustees
FROM: Chris Stilling Community Development Director
SUBJECT: Small Wireless Facility Regulations
Background
On April 12, 2018, Governor Bruce Rauner signed SB 1451 (P.A. 100-0585), the Small Wireless
Facilities Deployment Act (Act). This Act provides the regulations and process for permitting and
deploying small cell wireless facilities throughout Illinois. The new Act restricts the regulatory
authority of Illinois municipalities (including home rule municipalities with the exception of Chicago)
over small wireless facilities. The Act will go into effect on June 1, 2018. Municipalities have two
months from the effective date to adopt application fees through an ordinance or a written schedule
of permit fees. Staff is bringing this matter to the Board's attention since the Village will be required
to take action before August 1, 2018.
Small Wireless Facilities Deployment Act
The following is a summary of a few key restrictions on municipal regulatory authority over small
wireless facilities:
1. The law prohibits municipalities from banning, regulating, or charging for the co -location of
small wireless facilities in a manner, which is inconsistent with the law.
2. It also provides that small wireless facilities are considered "permitted uses" for zoning
purposes.
3. It further states that small wireless facilities are not subject to zoning review or approval if
they are either (a) co -located in rights of way in any zone or (b) are located outside of rights
of way in commercial or industrial zones. However, a municipality can limit the maximum
height of a small wireless facility to 10 feet above the utility pole or support structure with a
few exceptions. Since the Village regulates all cell devices as special uses in the certain
business and industrial districts, we will have to amend our Zoning Ordinance to include this
provision.
4. Municipalities may require permits for co -location of a small wireless facility, and can apply
generally applicable standards regarding underground requirements, construction standards
for rights of way installations, design standards, and other regulations. However, the
municipality cannot require as a condition to permitting that the applicant to perform
services unrelated to the co -location (i.e., in -kind contributions, reservation of fiber, etc.).
The municipality also must process applications within the statutory time (30 days to
determine if the application is complete; if there is no decision within 120 days, the
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application will be deemed approved). The law mandates approval of an application unless it
fails to comply with the requirements of the new law.
5. Municipalities can reserve space on utility poles for public safety uses or electric utility uses,
but that reservation cannot preclude the co -location of small wireless facilities.
6. Municipalities cannot require the placement of facilities on specific utility poles, or impose
minimum horizontal separation distances unless the facility will interfere with public safety
communications.
7. Municipalities may charge an application fee, but it cannot exceed $650.00 for the first co -
located facility, and $350 for each additional co -located facility. For small wireless facilities
that will include the installation of a new utility, the fee can be $1,000.
8. The law limits the amount of "rent" or "license fees" which a municipality can collect for
providing space on its own utility poles to $200 per year.
Next Step
Both staff and Attorney Raysa have been working with Illinois Municipal League (IML) who has been
tasked with creating a "model" ordinance for communities to follow. Attached is a draft of the
model ordinance. Over the next 30 days, staff will be working with Village Counsel on preparing a
specific ordinance for the Village. The proposed amendments will likely require a public hearing
since the Village will need to amend portions of the Zoning Ordinance to accommodate the new
legislation. Staff will present the final Ordinance to the Village Board at the July 16, 2018 Village
Board meeting.
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Draft IML Model Small Wireless Facility Deployment Ordinance
MODEL SMALL WIRELESS FACILITIES DEPLOYMENT ORDINANCE
AN ORDINANCE PROVIDING FOR THE REGULATION OF AND APPLICATION FOR SMALL
WIRELESS FACILITIES
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0585, known as
the Small Wireless Facilities Deployment Act, which becomes effective on June 1, 2018; and
WHEREAS, the Village of [INSERT NAME OF VILLAGE] (the Village) is an Illinois municipality
in accordance with the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village is authorized, under existing State and federal law, to enact appropriate
regulations and restrictions relative to small wireless facilities, distributed antenna systems and
other personal wireless telecommunication facility installations in the public right-of-way as long
as it does not conflict with State and federal law; and
WHEREAS, Public Act 100-0585 sets forth the requirements for the collocation of small wireless
facilities by local authorities.
NOW, THEREFORE, be it ordained by the corporate authorities of the Village of [INSERT
NAME OF VILLAGE] as follows:
Section 1. Purpose and Scope.
Purpose. The purpose of this Ordinance is to establish regulations, standards and procedures
for the siting and collocation of small wireless facilities on rights -of -way within the Village's
jurisdiction, or outside the rights -of -way on property zoned by the Village exclusively for
commercial or industrial use, in a manner that is consistent with the Small Wireless Facilities
Deployment Act, Public Act 100-0585.
Conflicts with Other Ordinances. This Ordinance supersedes all Ordinances or parts of
Ordinances adopted prior hereto that are in conflict herewith, to the extent of such conflict.
Conflicts with State and Federal Laws. In the event that applicable federal or State laws or
regulations conflict with the requirements of this Ordinance, the wireless provider shall comply
with the requirements of this Ordinance to the maximum extent possible without violating federal
or State laws or regulations.
Section 2. Definitions.
For the purposes of this Ordinance, the following terms shall have the following meanings:
Antenna — communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
Applicable codes — uniform building, fire, electrical, plumbing, or mechanical codes adopted by
a recognized national code organization or local amendments to those codes, including the
National Electric Safety Code.
Applicant — any person who submits an application and is a wireless provider.
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Draft IML Model Small Wireless Facility Deployment Ordinance
Application — a request submitted by an applicant to the Village for a permit to collocate small
wireless facilities, and a request that includes the installation of a new utility pole for such
collocation, as well as any applicable fee for the review of such application.
Collocate or collocation — to install, mount, maintain, modify, operate, or replace wireless
facilities on or adjacent to a wireless support structure or utility pole.
Communications service — cable service, as defined in 47 U.S.C. 522(6), as amended;
information service, as defined in 47 U.S.C. 153(24), as amended; telecommunications service,
as defined in 47 U.S.C. 153(53), as amended; mobile service, as defined in 47 U.S.C. 153(53),
as amended; or wireless service other than mobile service.
Communications service provider — a cable operator, as defined in 47 U.S.C. 522(5), as
amended; a provider of information service, as defined in 47 U.S.C. 153(24), as amended; a
telecommunications carrier, as defined in 47 U.S.C. 153(51), as amended; or a wireless
provider.
FCC — the Federal Communications Commission of the United States.
Fee — a one-time charge.
Historic district or historic landmark — a building, property, or site, or group of buildings,
properties, or sites that are either (i) listed in the National Register of Historic Places or formally
determined eligible for listing by the Keeper of the National Register, the individual who has
been delegated the authority by the federal agency to list properties and determine their
eligibility for the National Register, in accordance with Section VI.D.l.a.i through Section
VI.D.l.a.v of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C;
or (ii) designated as a locally landmarked building, property, site, or historic district by an
ordinance adopted by the Village pursuant to a preservation program that meets the
requirements of the Certified Local Government Program of the Illinois State Historic
Preservation Office or where such certification of the preservation program by the Illinois State
Historic Preservation Office is pending.
Law — a federal or State statute, common law, code, rule, regulation, order, or local ordinance
or resolution.
Micro wireless facility — a small wireless facility that is not larger in dimension than 24 inches
in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no
longer than 11 inches.
Municipal utility pole — a utility pole owned or operated by the Village in public rights -of -way.
Permit — a written authorization required by the Village to perform an action or initiate, continue,
or complete a project.
Person — an individual, corporation, limited liability company, partnership, association, trust, or
other entity or organization.
Public safety agency — the functional division of the federal government, the State, a unit of
local government, or a special purpose district located in whole or in part within this State, that
provides or has authority to provide firefighting, police, ambulance, medical, or other emergency
services to respond to and manage emergency incidents.
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Draft IML Model Small Wireless Facility Deployment Ordinance
Rate — a recurring charge.
Right-of-way — the area on, below, or above a public roadway, highway, street, public sidewalk,
alley, or utility easement dedicated for compatible use. Right-of-way does not include Village -
owned aerial lines.
Small wireless facility — a wireless facility that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the
case of an antenna that has exposed elements, the antenna and all of its exposed elements
could fit within an imaginary enclosure of no more than 6 cubic feet; and (ii) all other wireless
equipment attached directly to a utility pole associated with the facility is cumulatively no more
than 25 cubic feet in volume. The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment elements,
telecommunications demarcation box, ground -based enclosures, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for the connection of power and other
services.
Utility pole — a pole or similar structure that is used in whole or in part by a communications
service provider or for electric distribution, lighting, traffic control, or a similar function.
Wireless facility — equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including: (i) equipment associated
with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless of technological
configuration. Wireless facility includes small wireless facilities. Wireless facility does not
include: (i) the structure or improvements on, under, or within which the equipment is collocated;
or (ii) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support
structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately
adjacent to or directly associated with an antenna.
Wireless infrastructure provider — any person authorized to provide telecommunications
service in the State that builds or installs wireless communication transmission equipment,
wireless facilities, wireless support structures, or utility poles and that is not a wireless services
provider but is acting as an agent or a contractor for a wireless services provider for the
application submitted to the Village.
Wireless provider — a wireless infrastructure provider or a wireless services provider.
Wireless services — any services provided to the general public, including a particular class of
customers, and made available on a nondiscriminatory basis using licensed or unlicensed
spectrum, whether at a fixed location or mobile, provided using wireless facilities.
Wireless services provider — a person who provides wireless services.
Wireless support structure — a freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard; or other existing or proposed structure designed to support
or capable of supporting wireless facilities. Wireless support structure does not include a utility
pole.
Section 3. Regulation of small wireless facilities.
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Permitted Use. Small wireless facilities shall be classified as permitted uses and subject to
administrative review, except as provided in paragraph (7) regarding Height Exceptions or
Variances, but not subject to zoning review or approval if they are collocated (i) in rights -of -way
in any zoning district, or (ii) outside rights -of -way in property zoned exclusively for commercial or
industrial use.
Permit Required. An applicant shall obtain one or more permits from the Village to collocate a
small wireless facility. An application shall be received and processed, and permits issued shall
be subject to the following conditions and requirements:
(1) Application Requirements. A wireless provider shall provide the following information
to the Village, together with the Village's Small Cell Facilities Permit Application, as a
condition of any permit application to collocate small wireless facilities on a utility
pole or wireless support structure:
a. Site specific structural integrity and, for a municipal utility pole, make-ready
analysis prepared by a structural engineer, as that term is defined in Section
4 of the Structural Engineering Practice Act of 1989;
b. The location where each proposed small wireless facility or utility pole would
be installed and photographs of the location and its immediate surroundings
depicting the utility poles or structures on which each proposed small wireless
facility would be mounted or location where utility poles or structures would
be installed. This should include an "as -built" depiction;
c. Specifications and drawings prepared by a structural engineer, as that term is
defined in Section 4 of the Structural Engineering Practice Act of 1989, for
each proposed small wireless facility covered by the application as it is
proposed to be installed;
d. The equipment type and model numbers for the antennas and all other
wireless equipment associated with the small wireless facility;
e. A proposed schedule for the installation and completion of each small
wireless facility covered by the application, if approved; and
f. Certification that the collocation complies with the Collocation Requirements
and Conditions contained herein, to the best of the applicant's knowledge.
g. In the event that the proposed small wireless facility is to be attached to an
existing pole owned by an entity other than the Village, the wireless provider
shall provide legally competent evidence of the consent of the owner of such
pole to the proposed collocation.
(2) Application Process. The Village shall process applications as follows:
a. The first completed application shall have priority over applications received
by different applicants for collocation on the same utility pole or wireless
support structure.
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Draft IML Model Small Wireless Facility Deployment Ordinance
b. An application to collocate a small wireless facility on an existing utility pole or
wireless support structure shall be processed on a nondiscriminatory basis
and shall be deemed approved if the Village fails to approve or deny the
application within 90 days after the submission of a completed application.
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the Village in writing of its
intention to invoke the deemed approved remedy no sooner than 75 days
after the submission of a completed application.
The permit shall be deemed approved on the latter of the 90th day after
submission of the complete application or the 1 Oth day after the receipt of the
deemed approved notice by the Village. The receipt of the deemed approved
notice shall not preclude the Village's denial of the permit request within the
time limits as provided under this Ordinance.
c. An application to collocate a small wireless facility that includes the
installation of a new utility pole shall be processed on a nondiscriminatory
basis and deemed approved if the Village fails to approve or deny the
application within 120 days after the submission of a completed application
However, if an applicant intends to proceed with the permitted activity on a
deemed approved basis, the applicant shall notify the Village in writing of its
intention to invoke the deemed approved remedy no sooner than 105 days
after the submission of a completed application.
The permit shall be deemed approved on the latter of the 120th day after
submission of the complete application or the 10th day after the receipt of the
deemed approved notice by the Village. The receipt of the deemed approved
notice shall not preclude the Village's denial of the permit request within the
time limits as provided under this Ordinance.
d. The Village shall deny an application which does not meet the requirements
of this Ordinance.
If the Village determines that applicable codes, ordinances or regulations that
concern public safety, or the Collocation Requirements and Conditions
contained in this Ordinance require that the utility pole or wireless support
structure be replaced before the requested collocation, approval shall be
conditioned on the replacement of the utility pole or wireless support structure
at the cost of the provider.
The Village shall document the basis for a denial, including the specific code
provisions or application conditions on which the denial is based, and send
the documentation to the applicant on or before the day the Village denies an
application.
The applicant may cure the deficiencies identified by the Village and resubmit
the revised application once within 30 days after notice of denial is sent to the
applicant without paying an additional application fee. The Village shall
approve or deny the revised application within 30 days after the applicant
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resubmits the application or it is deemed approved. Failure to resubmit the
revised application within 30 days of denial shall require the application to
submit a new application with applicable fees, and recommencement of the
Village's review period.
The applicant must notify the Village in writing of its intention to proceed with
the permitted activity on a deemed approved basis, which may be submitted
with the revised application.
Any review of a revised application shall be limited to the deficiencies cited in
the denial. However, this revised application does not apply if the cure
requires the review of a new location, new or different structure to be
collocated upon, new antennas, or other wireless equipment associated with
the small wireless facility.
e. Pole Attachment Agreement. Within 30 days after an approved permit, the
Village and the applicant shall enter into a Master Pole Attachment
Agreement, provided by the Village.
(3) Completeness of Application. Within 30 days after receiving an application, the
Village must determine whether the application is complete and notify the applicant.
If an application is incomplete, the Village must specifically identify the missing
information. An application shall be deemed complete if the Village fails to provide
notification to the applicant within 30 days after all documents, information and fees
specifically enumerated in the Village's permit application form are submitted by the
applicant to the Village.
Processing deadlines are tolled from the time the Village sends the notice of
incompleteness to the time the applicant provides the missing information.
(4) Tolling. The time period for applications may be further tolled by:
a. An express written agreement by both the applicant and the Village; or
b. A local, State or federal disaster declaration or similar emergency that causes
the delay.
(5) Consolidated Applications. An applicant seeking to collocate small wireless facilities
within the jurisdiction of the Village shall be allowed, at the applicant's discretion, to
file a consolidated application and receive a single permit for the collocation of up to
25 small wireless facilities if the collocations each involve substantially the same type
of small wireless facility and substantially the same type of structure.
If an application includes multiple small wireless facilities, the Village may remove
small wireless facility collocations from the application and treat separately small
wireless facility collocations for which incomplete information has been provided or
that do not qualify for consolidated treatment or that are denied. The Village may
issue separate permits for each collocation that is approved in a consolidated
application.
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(6) Duration of Permits. The duration of a permit shall be for a period of not less than 5
years, and the permit shall be renewed for equivalent durations unless the Village
makes a finding that the small wireless facilities or the new or modified utility pole do
not comply with the applicable Village codes or any provision, condition or
requirement contained in this Ordinance.
If PA 100-0585 is repealed as provided in Section 90 of the Act, renewals of permits
shall be subject to the applicable Village code provisions or regulations in effect at
the time of renewal.
(7) Means of Submitting Applications. Applicants shall submit applications, supporting
information and notices to the Village by personal delivery at the Village's designated
place of business, by regular mail postmarked on the date due or by any other
commonly used means, including electronic mail.
Collocation Requirements and Conditions.
(1) Public Safety Space Reservation. The Village may reserve space on municipal utility
poles for future public safety uses, for the Village's electric utility uses, or both, but a
reservation of space may not preclude the collocation of a small wireless facility
unless the Village reasonably determines that the municipal utility pole cannot
accommodate both uses.
(2) No interference with public safety communication frequencies. The wireless
provider's operation of the small wireless facilities shall not interfere with the
frequencies used by a public safety agency for public safety communications.
A wireless provider shall install small wireless facilities of the type and frequency that
will not cause unacceptable interference with a public safety agency's
communications equipment.
Unacceptable interference will be determined by and measured in accordance with
industry standards and the FCC's regulations addressing unacceptable interference
to public safety spectrum or any other spectrum licensed by a public safety agency.
If a small wireless facility causes such interference, and the wireless provider has
been given written notice of the interference by the public safety agency, the wireless
provider, at its own expense, shall remedy the interference in a manner consistent
with the abatement and resolution procedures for interference with public safety
spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973
and 47 CFR 90.672 through 47 CFR 90.675.
The Village may terminate a permit for a small wireless facility based on such
interference if the wireless provider is not in compliance with the Code of Federal
Regulations cited in the previous paragraph. Failure to remedy the interference as
required herein shall constitute a public nuisance.
(3) The wireless provider shall not collocate small wireless facilities on Village utility
poles that are part of an electric distribution or transmission system within the
communication worker safety zone of the pole or the electric supply zone of the pole.
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However, the antenna and support equipment of the small wireless facility may be
located in the communications space on the Village utility pole and on the top of the
pole, if not otherwise unavailable, if the wireless provider complies with applicable
codes for work involving the top of the pole.
For purposes of this subparagraph, the terms "communications space",
"communication worker safety zone", and "electric supply zone" have the meanings
given to those terms in the National Electric Safety Code as published by the
Institute of Electrical and Electronics Engineers.
(4) The wireless provider shall comply with all applicable codes and local code
provisions or regulations that concern public safety.
(5) The wireless provider shall comply with written design standards that are generally
applicable for decorative utility poles, or reasonable stealth, concealment and
aesthetic requirements that are set forth in a Village ordinance, written policy
adopted by the Village, a comprehensive plan or other written design plan that
applies to other occupiers of the rights -of -way, including on a historic landmark or in
a historic district.
(6) Alternate Placements. With respect to an application for the collocation of a small
wireless facility associated with a new utility pole, the Village may propose that the
small wireless facility be collocated on an existing utility pole or existing wireless
support structure within 100 feet of the proposed collocation, which the applicant
shall accept if it has the right to use the alternate structure on reasonable terms and
conditions, and the alternate location and structure does not impose technical limits
or additional material costs as determined by the applicant.
If the applicant refuses a collocation proposed by the Village, the applicant shall
provide written certification describing the property rights, technical limits or material
cost reasons the alternate location does not satisfy the criteria in this paragraph.
(7) Height Limitations. The Village maximum height of a small wireless facility shall be
no more than 10 feet above the utility pole or wireless support structure on which the
small wireless facility is collocated.
Height Exceptions or Variances. If an applicant proposes a height in excess of 10
feet above the utility pole or wireless support structure on which the small wireless
facility is proposed for collocation, the applicant shall apply for a [SPECIAL USE
PERMIT, VARIANCE OR ADMINISTRATIVE WAIVER] in conformance with
procedures, terms and conditions set forth in [INSERT APPROPRIATE SECTION(S)
OF ZONING ORDINANCE]. A [SPECIAL USE PERMIT, VARIANCE OR
ADMINISTRATIVE WAIVER], when granted, shall limit the height of any proposed
wireless facility to the higher of:
a. 10 feet in height above the tallest existing utility pole, other than a utility pole
supporting only wireless facilities, that is in place on the date the application
is submitted to the Village, that is located within 300 feet of the new or
replacement utility pole or wireless support structure and that is in the same
right-of-way within the jurisdictional boundary of the Village, provided the
n.
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Village may designate which intersecting right-of-way within 300 feet of the
proposed utility pole or wireless support structures shall control the height
limitation for such facility; or
b. 45 feet above ground level.
(8) Collocation Completion Deadline. Collocation for which a permit is granted shall be
completed within 180 days after issuance of the permit, unless the Village and the
wireless provider agree to extend this period or a delay is caused by make-ready
work for a municipal utility pole or by the lack of commercial power or backhaul
availability at the site, provided the wireless provider has made a timely request
within 60 days after the issuance of the permit for commercial power or backhaul
services, and the additional time to complete installation does not exceed 360 days
after issuance of the permit. Otherwise, the permit shall be void unless the Village
grants an extension in writing to the applicant.
Application Fees. Application fees are imposed as follows:
(1) Applicant shall pay an application fee of $650 for an application to collocate a single
small wireless facility on an existing utility pole or wireless support structure, and $350
for each small wireless facility addressed in a consolidated application to collocate more
than one small wireless facility on existing utility poles or wireless support structures.
(2) Applicant shall pay an application fee of $1,000 for each small wireless facility
addressed in an application that includes the installation of a new utility pole for such
collocation.
(3) Notwithstanding any contrary provision of State law or local ordinance, applications
pursuant to this Section shall be accompanied by the required application fee.
Application fees shall be non-refundable,
(4) The Village shall not require an application, approval or permit, or require any fees or
other charges, from a communications service provider authorized to occupy the rights -
of -way, for:
a. routine maintenance;
b. the replacement of wireless facilities with wireless facilities that are substantially
similar, the same size, or smaller if the wireless provider notifies the Village at
least 10 days prior to the planned replacement and includes equipment
specifications for the replacement of equipment consistent with subsection d.
under the Section titled Application Requirements; or
c. the installation, placement, maintenance, operation or replacement of micro
wireless facilities suspended on cables that are strung between existing utility
poles in compliance with applicable safety codes.
(5) Wireless providers shall secure a permit from the Village to work within rights -of -way for
activities that affect traffic patterns or require lane closures.
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Exceptions to Applicability. Nothing in this Ordinance authorizes a person to collocate small
wireless facilities on:
(1) property owned by a private party or property owned or controlled by the Village or
another unit of local government that is not located within rights -of -way, or a privately
owned utility pole or wireless support structure without the consent of the property
owner;
(2) property owned, leased, or controlled by a park district, forest preserve district, or
conservation district for public park, recreation or conservation purposes without the
consent of the affected district, excluding the placement of facilities on rights -of -way
located in an affected district that are under the jurisdiction and control of a different unit
of local government as provided by the Illinois Highway Code; or
(3) property owned by a rail carrier registered under Section 18c-7201 of the Illinois Vehicle
Code, Metra Commuter Rail or any other public commuter rail service, or an electric
utility as defined in Section 16-102 of the Public Utilities Act, without the consent of the
rail carrier, public commuter rail service, or electric utility. The provisions of this
Ordinance do not apply to an electric or gas public utility or such utility's wireless
facilities if the facilities are being used, developed and maintained consistent with the
provisions of subsection (i) of Section 16-108.5 of the Public Utilities Act.
For the purposes of this subsection, "public utility" has the meaning given to that term in
Section 3-105 of the Public Utilities Act. Nothing in this Ordinance shall be construed to
relieve any person from any requirement (a) to obtain a franchise or a State -issued
authorization to offer cable service or video service or (b) to obtain any required
permission to install, place, maintain, or operate communications facilities, other than
small wireless facilities subject to this Ordinance.
Pre -Existing Agreements. Existing agreements between the Village and wireless providers
that relate to the collocation of small wireless facilities in the right-of-way, including the
collocation of small wireless facilities on Village utility poles, that are in effect on June 1, 2018,
remain in effect for all small wireless facilities collocated on the Village's utility poles pursuant to
applications submitted to the Village before June 1, 2018, subject to applicable termination
provisions contained therein. Agreements entered into after June 1, 2018, shall comply with this
Ordinance.
Annual Recurring Rate. A wireless provider shall pay to the Village an annual recurring rate to
collocate a small wireless facility on a Village utility pole located in a right-of-way that equals (i)
$200 per year or (ii) the actual, direct and reasonable costs related to the wireless provider's
use of space on the Village utility pole.
If the Village has not billed the wireless provider actual and direct costs, the fee shall be $200
payable on the first day after the first annual anniversary of the issuance of the permit or notice
of intent to collocate, and on each annual anniversary date thereafter.
Abandonment. A small wireless facility that is not operated for a continuous period of 12
months shall be considered abandoned. The owner of the facility shall remove the small
wireless facility within 90 days after receipt of written notice from the Village notifying the
wireless provider of the abandonment.
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The notice shall be sent by certified or registered mail, return receipt requested, by the Village to
the owner at the last known address of the wireless provider. If the small wireless facility is not
removed within 90 days of such notice, the Village may remove or cause the removal of such
facility pursuant to the terms of its pole attachment agreement for municipal utility poles or
through whatever actions are provided for abatement of nuisances or by other law for removal
and cost recovery.
A wireless provider shall provide written notice to the Village if it sells or transfers small wireless
facilities within the jurisdiction of the Village. Such notice shall include the name and contact
information of the new wireless provider.
Section 4. Dispute Resolution.
The Circuit Court of [INSERT NAME OF COUNTY] shall have exclusive jurisdiction to resolve
all disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution of a
dispute concerning rates for collocation of small wireless facilities on municipal utility poles
within the right-of-way, the Village shall allow the collocating person to collocate on its poles at
annual rates of no more than $200 per year per municipal utility pole, with rates to be
determined upon final resolution of the dispute.
Section 5. Indemnification.
A wireless provider shall indemnify and hold the Village harmless against any and all liability or
loss from personal injury or property damage resulting from or arising out of, in whole or in part,
the use or occupancy of the Village improvements or right-of-way associated with such
improvements by the wireless provider or its employees, agents, or contractors arising out of the
rights and privileges granted under this Ordinance and the Small Wireless Facilities Deployment
Act. A wireless provider has no obligation to indemnify or hold harmless against any liabilities
and losses as may be due to or caused by the sole negligence of the Village or its employees or
agents. A wireless provider shall further waive any claims that they may have against the Village
with respect to consequential, incidental, or special damages, however caused, based on the
theory of liability.
Section 6. Insurance.
The wireless provider shall carry, at the wireless provider's own cost and expense, the following
insurance:
(i) property insurance for its property's replacement cost against all risks;
(ii) workers' compensation insurance, as required by law;
OR
(iii) commercial general liability insurance with respect to its activities on the Village
improvements or rights -of -way to afford minimum protection limits consistent with its
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requirements of other users of Village improvements or rights -of -way, including coverage for
bodily injury and property damage.
The wireless provider shall include the Village as an additional insured on the commercial
general liability policy and provide certification and documentation of inclusion of the Village in a
commercial general liability policy prior to the collocation of any wireless facility.
A wireless provider may self -insure all or a portion of the insurance coverage and limit
requirement required by the Village. A wireless provider that self -insures is not required, to the
extent of the self-insurance, to comply with the requirement for the name of additional insureds
under this Section. A wireless provider that elects to self -insure shall provide to the Village
evidence sufficient to demonstrate its financial ability to self -insure the insurance coverage limits
required by the Village.
Section 7. Severabillity.
If any provision of this Ordinance or application thereof to any person or circumstances is ruled
unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given effect without the invalid application or
provision, and each invalid provision or invalid application of this Ordinance is severable.
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Section 8. Effective Date.
This Ordinance shall be in full force and effect on [insert date].
PASSED THIS day of
AYES:
NAYS:
ABSTENTIONS:
ABSENT:
,201—.
APPROVED THIS day of , 201_
ATTEST:
Village Clerk
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Village President
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Draft IML Model Master Pole Attachment Agreement
MODEL MASTER POLE ATTACHMENT AGREEMENT
This Master Pole Attachment Agreement (Agreement) made this _day of
, 2018, between the Village of with its principal
offices located at hereinafter
designated LICENSOR and , with
its principal offices at hereinafter
designated LICENSEE. LICENSOR and LICENSEE are at times collectively referred to
hereinafter as the "Parties" or individually as the "Party."
WITNESSETH
WHEREAS, LICENSOR is the owner, of certain utility poles, wireless support structures,
and/or real property, which are located within the geographic area of a license to provide
wireless services licensed by the Federal Communications Commission (FCC) to LICENSEE;
and
WHEREAS, LICENSEE desires to install, maintain and operate small wireless facilities
in and/or upon certain of LICENSOR's utility poles, wireless support structures and/or real
property; and
WHEREAS, LINCENSOR and LICENSOR acknowledge that any term used in this
Agreement that is defined in Section 2 of the Small Wireless Facilities Deployment Ordinance
(Ordinance No. ) shall have the meaning provided therein; and
WHEREAS, LICENSOR and LICENSEE acknowledge that the terms of this Agreement
are nondiscriminatory, competitively neutral and commercially reasonable.
WHEREAS, LICENSOR and LICENSEE desire to enter into this Agreement to define
the general terms and conditions which would govern their relationship with respect to particular
sites at which LICENSOR may wish to permit LICENSEE to install, maintain and operate small
wireless facilities as hereinafter set forth; and
WHEREAS, the LICENSOR and LICENSEE intend to promote the expansion of
communications services in a manner consistent with the Small Wireless Facilities Deployment
Act, the Illinois Cable and Video Competition Act, the Illinois Telephone Company Act, the
Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, the
Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/5-1, et. seq. and Federal
Communication Commission Regulations; and
WHEREAS, LICENSOR and LICENSEE acknowledge that they will enter into a License
Supplement (Supplement), a copy of which is attached hereto as Exhibit A, with respect to any
particular location or site which the Parties agree to license; and
WHEREAS, the Parties acknowledge that different related entities may operate or
conduct the business of LICENSEE in different geographic areas and as a result, each
Supplement may be signed by LICENSEE affiliated entities as further described herein, as
appropriate based upon the entity holding the FCC license in the subject geographic location.
NOW THEREFORE, in consideration of the mutual covenants contained herein and
intending to be legally bound hereby, the Parties hereto agree as follows:
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1 ) PREMISES. Pursuant to all of the terms and conditions of this Agreement and the
applicable Supplement, LICENSOR agrees to license to LICENSEE that certain space on or
upon LICENSOR's utility poles, and/or wireless support structures as more fully described in
each Supplement to be executed by the Parties hereinafter referred to as the "Premises",
for the installation, operation, maintenance, repair and modification of small wireless
facilities; together with the non-exclusive right of ingress and egress from a public right-of-
way, seven (7) days a week, twenty four (24) hours a day, over the Property (as defined
below) and to and from the Premises for the purpose of installation, operation, maintenance,
repair and modification of LICENSEE's small wireless facilities. The LICENSOR's utility
poles, wireless support structures and other poles and towers are hereinafter referred to as
"Pole" and the entirety of the LICENSOR's property is hereinafter referred to as "Property".
In the event there are not sufficient electric and telephone, cable or fiber utility sources
located at the Premises or on the Property, LICENSOR agrees to grant LICENSEE the right
to install such utilities on, over and/or under the Property and to the Premises as necessary
for LICENSEE to operate its communications facility, but only from duly authorized provider
of such utilities, provided the location of such utilities shall be designated by LICENSOR.
2) PERMIT APPLICATION. For each small wireless facility, LICENSEE shall submit an
application to LICENSOR for permit that includes:
a) Site specific structural integrity and, for LICENSOR'S utility pole or wireless support
structure, make-ready analysis prepared by a structural engineer, as that term is defined
in Section 4 of the Structural Engineering Practice Act of 1989;
b) The location where each proposed small wireless facility or utility pole would be installed
and photographs of the location and its immediate surroundings depicting the utility
poles or structures on which each proposed small wireless facility would be mounted or
location where utility poles or structures would be installed. This should include an "as -
built" depiction;
c) Specifications and drawings prepared by a structural engineer, as that term is defined in
Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small
wireless facility covered by the application as it is proposed to be installed;
d) The equipment type and model numbers for the antennas and all other wireless
equipment associated with the small wireless facility;
e) A proposed schedule for the installation and completion of each small wireless facility
covered by the application, if approved; and
f) Certification that the collocation complies with LICENSOR's Small Wireless Facilities
Ordinance requirements, to the best of the applicant's knowledge.
g) The application fee due.
3) APPLICATION FEES. Application fees are subject to the following requirements:
a) LICENSEE shall pay an application fee of $650 for an application to collocate a single
small wireless facility on an existing utility pole or wireless support structure and $350 for
each small wireless facility addressed in a consolidated application to collocate more
than one small wireless facility on existing utility poles or wireless support structures.
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b) LICENSEE shall pay an application fee of $1,000 for each small wireless facility
addressed in an application that includes the installation of a new utility pole for such
collocation.
c) Notwithstanding any contrary provision of State law or local ordinance, applications
pursuant to this Section must be accompanied by the required application fee.
d) LICENSOR shall not require an application, approval, or permit, or require any fees or
other charges, from LICENSEE, for:
i) routine maintenance; or
ii) the replacement of wireless facilities with wireless facilities that are substantially
similar, the same size, or smaller if LICENSEE notifies LICENSOR at least 10 days
prior to the planned replacement and includes equipment specifications for the
replacement of equipment consistent with the requirements of this Agreement; or
iii) the installation, placement, maintenance, operation, or replacement of small wireless
facilities that are suspended on cables that are strung between existing utility poles
in compliance with applicable safety codes, provided this provision does not
authorize such facilities to be suspended from municipal electric lines, if any.
LICENSEE shall secure a permit from LICENSOR to work within rights -of -way for
activities that affect traffic patterns or require lane closures.
4) REQUIREMENTS.
a) LICENSEE's operation of the small wireless facilities shall not interfere with the
frequencies used by a public safety agency for public safety communications.
LICENSEE shall install small wireless facilities of the type and frequency that will not
cause unacceptable interference with a public safety agency's communications
equipment. Unacceptable interference will be determined by and measured in
accordance with industry standards and the FCC's regulations addressing unacceptable
interference to public safety spectrum or any other spectrum licensed by a public safety
agency. If a small wireless facility causes such interference, and LICENSEE has been
given written notice of the interference by the public safety agency, LICENSEE, at its
own expense, shall take all reasonable steps necessary to correct and eliminate the
interference, including, but not limited to, powering down the small wireless facility and
later powering up the small wireless facility for intermittent testing, if necessary. The
LICENSOR may terminate a permit for a small wireless facility based on such
interference if LICENSEE is not making a good faith effort to remedy the problem in a
manner consistent with the abatement and resolution procedures for interference with
public safety spectrum established by the FCC including 47 CFR 22.970 through 47
CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
b) LICENSEE shall not install devices on the existing utility pole or wireless support
structure that extend beyond 10 feet of the poles existing height.
c) LICENSEE shall install pole mounted equipment at a minimum of 8 feet from the ground
d) LICENSEE shall be limited to one (1) cabinet or other ground mounted device for ground
mounted installations.
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e) LICENSEE shall paint antennas, mounting hardware, and other devices to match or
complement the structure upon which they are being mounted.
f) LICENSEE shall install landscaping at the base of poles with respect to any ground
equipment installed by LICENSEE on which devices are being installed as required by
[INSERT SPECIFIC CODE PROVISION] of the LICENSOR.
g) LICENSEE shall comply with all the terms and conditions of LICENSOR's Right of Way
ordinance in regards to construction of utility facilities.
h) LICENSEE shall comply with requirements that are imposed by a contract between the
LICENSOR and a private property owner that concern design or construction standards
applicable to utility poles and ground -mounted equipment located in the right-of-way.
i) LICENSEE shall comply with applicable spacing requirements in [INSERT APPLICABLE
CODES/ORDINANCES] concerning the location of ground -mounted equipment located
in the right-of-way. (NOTE: the requirements must include a waiver, zoning or other
process that addresses wireless provider requests for exception or variance and do not
prohibit granting of such exceptions or variances.)
j) LICENSEE shall comply with [INSERT CODE PROVISION] concerning undergrounding
requirements or determinations from the municipal officer or employee in charge of
municipal utilities, in any.
k) LICENSEE shall comply with [INSERT CODE PROVISION] for construction and public
safety in the rights -of -way, including, but not limited to, wiring and cabling requirements,
grounding requirements, utility pole extension requirements, and signage limitations; and
shall comply with reasonable and nondiscriminatory requirements that are consistent
with PA 100-0585 and adopted by LICENSOR regulating the location, size, surface area
and height of small wireless facilities, or the abandonment and removal of small wireless
facilities.
1) LICENSEE shall not collocate small wireless facilities within the communication worker
safety zone of the pole or the electric supply zone of the pole on LICENSOR utility poles
that are part of an electric distribution or transmission system. However, the antenna and
support equipment of the small wireless facility may be located in the communications
space on the LICENSOR utility pole and on the top of the pole, if not otherwise
unavailable, if LICENSEE complies with [INSERT APPLICABLE CODE] for work
involving the top of the pole. For purposes of this subparagraph, the terms
11communications space", "communication worker safety zone", and "electric supply
zone" have the meanings given to those terms in the National Electric Safety Code as
published by the Institute of Electrical and Electronics Engineers.
m) LICENSEE shall comply with the [INSERT APPLICABLE CODE] that concern public
safety.
n) LICENSEE shall comply with [INSERT SPECIFIC DESIGN STANDARDS] for decorative
utility poles, or stealth, concealment, and aesthetic requirements that are identified by
LICENSOR in [INSERT SPECIFIC PROVISIONS] adopted by LICENSOR, LICENSOR's
comprehensive plan dated , or other written design plan that applies to other
occupiers of the rights -of -way, including on a historic landmark or in a historic district.
o) LICENSOR requires the following design or concealment measures in a historic district
or historic landmark:
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[INSERT DESIGN AND CONCEALMENT STANDARDS]
5) APPLICATION PROCESS. LICENSOR shall process applications as follows:
a) An application to collocate a small wireless facility on an existing utility pole, replacement
of an existing utility pole or wireless support structure owned or controlled by LICENSOR
shall be processed by LICENSOR and deemed approved if LICENSOR fails to approve
or deny the application within 90 days. However, if LICENSEE intends to proceed with
the permitted activity on a deemed approved basis, LICENSEE must notify LICENSOR
in writing of its intention to invoke the deemed approved remedy no sooner than 75 days
after the submission of a completed application. The permit shall be deemed approved
on the latter of the 90th day after submission of the complete application or the 1 Oth day
after the receipt of the deemed approved notice by LICENSOR. The receipt of the
deemed approved notice shall not preclude LICENSOR's denial of the permit request
within the time limits as provided under Ordinance
b) An application to collocate a small wireless facility that includes the installation of a new
utility pole shall be processed and deemed approved if LICENSOR fails to approve or
deny the application within 120 days. However, if LICENSEE applicant intends to
proceed with the permitted activity on a deemed approved basis, the applicant must
notify LICENSOR in writing of its intention to invoke the deemed approved remedy no
sooner than 105 days after the submission of a completed application. The permit shall
be deemed approved on the latter of the 120th day after submission of the complete
application or the 1 Oth day after the receipt of the deemed approved notice by
LICENSOR. The receipt of the deemed approved notice shall not preclude LICENSOR's
denial of the permit request within the time limits as provided under Ordinance
c) LICENSOR shall approve an application unless the application does not meet the
requirements of Ordinance
d) If LICENSOR determines that applicable codes, local code provisions or regulations that
concern public safety, or the Requirements of Ordinance require that the
utility pole or wireless support structure be replaced before the requested collocation,
approval may be conditioned on the replacement of the utility pole or wireless support
structure at the cost of LICENSEE. LICENSOR must document the basis for a denial,
including the specific code provisions or application conditions on which the denial was
based, and send the documentation to LICENSEE on or before the day LICENSOR
denies an application. LICENSEE may cure the deficiencies identified by LICENSOR
and resubmit the revised application once within 30 days after notice of denial is sent to
the applicant without paying an additional application fee. LICENSOR shall approve or
deny the revised application within 30 days after LICENSEE resubmits the application or
it is deemed approved. However, LICENSEE must notify LICENSOR in writing of its
intention to proceed with the permitted activity on a deemed approved basis, which may
be submitted with the resubmitted application. Any subsequent review shall be limited to
the deficiencies cited in the denial. However, this revised application cure does not apply
if the cure requires the review of a new location, new or different structure to be
collocated upon, new antennas, or other wireless equipment associated with the small
wireless facility.
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e) TOLLING. The time period for applications maybe further tolled by the express
agreement in writing by both LICENSOR and LICENSEE; or a local, State or federal
disaster declaration or similar emergency that causes the delay.
f) CONSOLIDATED APPLICATIONS. A LICENSEE seeking to collocate small wireless
facilities within the jurisdiction of LICENSOR shall be allowed, at LICENSEE's discretion,
to file a consolidated application and receive a single permit for the collocation of up to
25 small wireless facilities if the collocations each involve substantially the same type of
small wireless facility and substantially the same type of structure. If an application
includes multiple small wireless facilities, LICENSOR may remove small wireless facility
collocations from the application and treat separately small wireless facility collocations
for which incomplete information has been provided or that do not qualify for
consolidated treatment or that are denied. LICENSOR may issue separate permits for
each collocation that is approved in a consolidated application.
6) COLLOCATION COMPLETION DEADLINE. Collocation for which a permit is granted shall
be completed within 180 days after issuance of the permit, unless LICENSOR and
LICENSEE agree to extend this period or a delay is caused by make-ready work for a
LICENSOR utility pole or by the lack of commercial power or backhaul availability at the site,
provided LICENSEE has made a timely request within 60 days after the issuance of the
permit for commercial power or backhaul services, and the additional time to complete
installation does not exceed 360 days after issuance of the permit. Otherwise, the permit
shall be void unless LICENSOR grants an extension in writing to the LICENSEE.
7) DURATION OF PERMITS AND SUPPLEMENTS. The duration of a permit and the initial
Supplement shall be for a period of (not less than 5 years), and the permit and Supplement
shall be renewed for equivalent durations unless LICENSOR makes a finding that the small
wireless facilities or the new or modified utility pole do not comply with the applicable codes
or local code provisions or regulations in Ordinance No. . If P.A. 100-0585 is
repealed as provided in Section 90 of the Act, renewals of permits shall be subject to the
LICENSOR's code provisions or regulations in effect at the time of renewal.
8) EXTENSIONS. Each Supplement may be extended for additional five (5) year terms unless
LICENSEE terminates it at the end of the then current term by giving LICENSOR written
notice of the intent to terminate at least three (3) months prior to the end of the then current
term. The initial term and all extensions under a Supplement shall be collectively referred to
herein as the "Term". Notwithstanding anything herein, after the expiration of this
Agreement, its terms and conditions shall survive and govern with respect to any remaining
Supplements in effect until their expiration or termination.
9) RENTAL. Each Supplement shall be effective as of the date of execution by both Parties
(the "Effective Date"), provided, however, the initial term of each Supplement shall be for
five (5) years and shall commence on the first day of the month following the day that
LICENSEE commences installation of the equipment on the Premises (the "Commencement
Date") at which time rental payments shall commence and be due at a total annual rental as
set forth in the Supplement, to be paid in advance annually on the Commencement Date
and on each anniversary of it in advance, to the LICENSOR in the Supplement (unless
LESSOR otherwise designates another payee and provides notice to LICENSEE).
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LICENSOR and LICENSEE acknowledge and agree that the initial rental payment for each
Supplement shall not actually be sent by LICENSEE until thirty (30) days after the
Commencement Date. LICENSOR and LICENSEE agree that they shall acknowledge in
writing the Commencement Date of each Supplement. Rental for the use of any poles
pursuant to this Agreement, shall be an annual fee of $200.00 per each wireless facility
which LICENSEE attaches to LICENSOR's pole. Thereafter, Rent will be due at each
annual anniversary of the "Commencement Date" of the applicable Supplement. Upon
agreement of the Parties, LICENSEE may pay rent by electronic funds transfer and in such
event, LICENSOR agrees to provide to LICENSEE bank routing information for such
purpose upon request of LICENSEE.
10) ABANDONMENT. A small wireless facility that is not operated for a continuous period of 12
months shall be considered abandoned and the LICENSEE must remove the small wireless
facility within 90 days after receipt of written notice from LICENSOR notifying LICENSEE of
the abandonment.
The notice shall be sent by certified or registered mail, return receipt requested, by
LICENSOR to the LICENSEE at the last known address of LICENSEE. If the small wireless
facility is not removed within 90 days of such notice, LICENSOR may remove or cause the
removal of such facility and charge said costs to the LICENSEE.
LICENSEE shall provide written notice to LICENSOR of any sale or transfer of small
wireless facilities not less than 30 days prior to such transfer and said notice shall include
the name and contact information of the new wireless provider.
11) CONDITION OF PREMISES. Where the Premises incudes one or more Poles, LICENSOR
covenants that it will keep the Poles in good repair as required by all federal, state, county
and local laws. If the LICENSOR fails to make such repairs including maintenance within 60
days, of any notification to LICENSOR, the LICENSEE shall have the right to cease annual
rental for the effected poles, but only if the poles are no longer capable of being used for the
purpose originally contemplated in this Agreement or otherwise do not comply with existing
law. If LICENSEE terminates, LICENSEE shall remove its small wireless facility. Termination
of this Agreement shall be the LICENSEE's sole remedy.
12) MAKE READY TERMS. LICENSOR shall not require more make-ready work than required
to meet applicable codes or industry standards. Make-ready work may include work needed
to accommodate additional public safety communications needs that are identified in a
documented and approved plan for the deployment of public safety equipment as specified
and included in an existing or preliminary LICENSOR or public service agency plan. Fees for
make-ready work, including any LICENSOR utility pole attachment, shall not exceed actual
costs or the amount charged to communications service providers for similar work and shall
not include any consultants' fees or expenses for LICENSOR utility poles that do not support
aerial facilities used to provide communications services or electric service. Make-ready
work, including any pole replacement, shall be completed within 60 days of written
acceptance of the good -faith estimate by the LICENSOR at the LICENEE's sole cost and
expense.
13) AERIAL FACILITIES. For LICENSOR utility poles that support aerial facilities used to
provide communications services or electric services, LICENSEE shall comply with the
process for make-ready work under 47 U.S.C. 224 and its implementing regulations.
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LICENSOR shall follow a substantially similar process for such make-ready work except to
the extent that the timing requirements are otherwise addressed in Ordinance No.
The good -faith estimate of the person owning or controlling LICENSOR's utility pole for any
make-ready work necessary to enable the pole to support the requested collocation shall
include LICENSOR utility pole replacement, if necessary.
14) NO AERIAL FACILITIES. For LICENSOR utility poles that do not support aerial facilities
used to provide communications services or electric services, LICENSOR shall provide a
good -faith estimate for any make-ready work necessary to enable the LICENSOR utility pole
to support the requested collocation, include pole replacement, if necessary, within 90 days
after receipt of a complete application. Make-ready work, including any LICENSOR utility
pole replacement, shall be completed within 60 days of written acceptance of the good -faith
estimate by LICENSEE at LICENSEE's sole cost and expense. Alternatively, if LICENSOR
determines that applicable codes or public safety regulations require the LICENSOR's utility
pole to be replaced to support the requested collocation, LICENSOR may require
LICENSEE to replace LICENSOR's utility pole at LICENSEE's sole cost and expense.
15) GENERAL RESTRICTIONS. In the event LICENSOR, in its reasonable discretion deems it
necessary to remove, relocate or replace a Pole, LICENSOR shall notify LICENSEE at least
one hundred eighty (180) days prior of the need to remove or relocate its small wireless
facility. In such event, LICENSOR shall provide options for alternative locations for
LICENSEE relocation of equipment which shall be in a mutually agreeable location
("Alternative Premises"). LICENSEE shall be solely responsible for all costs related to the
relocation of its small wireless facility to the Alternative Premises. In the event that a suitable
Alternative Premises cannot be identified, LICENSEE may terminate the applicable
Supplement. In the event of an emergency, which for purposes of this Agreement shall be
considered any imminent threat to health, safety and welfare of the public, LICENSOR must
provide as much notice as reasonably practical under the circumstances. LICENSEE may
terminate this Agreement by giving written notice to the other party specifying the date of
termination, such notice to be given not less than one hundred eighty (180) days prior to
the date specified therein.
16) ELECTRICAL. LICENSEE shall be permitted to connect its equipment to necessary
electrical and telephone service, at LICENSEE's expense. LICENSEE shall attempt to
coordinate with utility companies to provide separate service to LICENSEE's equipment for
LICENSEE use. In the event that LICENSEE can obtain separate electrical service with a
separate meter measuring usage, the LICENSEE shall pay the utility directly for its power
consumption, if billed directly by the utility. In the event that separate electrical service is
not possible or practical under the circumstances, LICENSEE may use existing service, at
LICENSEE's expense, upon the reasonable approval of LICENSOR. In the event that
LICENSEE uses existing utility service at an individual Premises, the Parties agree to either:
(i) attempt to have a sub -meter installed, at LICENSEE's expense, which shall monitor
LICENSEE's utility usage (with a reading and subsequent bill for usage delivered to
LICENSEE by either the applicable utility company or LICENSOR); or (ii) provide for an
additional fee in the applicable Supplement which shall cover LICENSEE's utility usage.
The Parties agree to reflect power usage and measurement issues in each applicable
Supplement.
17) TEMPORARY POWER. LICENSEE shall be permitted at any time during the Term of each
Supplement, to install, maintain and/or provide access to and use of, as necessary (during
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any power interruption at the Premises), a temporary power source, and all related
equipment and appurtenances within the Premises, or elsewhere on the Property in such
locations as reasonably approved by LICENSOR. LICENSEE shall be permitted to connect
the temporary power source to its equipment on the Premises in areas and manner
approved by LICENSOR.
18) USE; GOVERNMENTAL APPROVALS. LICENSEE shall use the Premises for the purpose
of constructing, maintaining, repairing and operating small wireless facilities and uses
incidental thereto. LICENSEE shall have the right to replace, repair and modify equipment,
antennas and/or conduits or any portion thereof and the frequencies over which the
equipment operates, in conformance with the original Supplement. It is understood and
agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining after the
execution date of each Supplement all of the certificates, permits and other approvals
(collectively the "Governmental Approvals") that may be required by any Federal, State or
Local authorities as well as a satisfactory building structural analysis which will permit
LICENSEE use of the Premises as set forth above. In the event that (i) any of such
applications for such Governmental Approvals should be finally rejected; (ii) any
Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; and (iii) LICENSEE determines that
such Governmental Approvals may not be obtained in a timely manner, LICENSEE shall
have the right to terminate the applicable Supplement. Notice of LICENSEE's exercise of its
right to terminate shall be given to LICENSOR in accordance with the notice provisions set
forth in Paragraph 24 and shall be effective upon the mailing of such notice by LICENSEE,
or upon such later date as designated by LICENSEE. All rentals paid to said termination
date shall be retained by LICENSOR. Upon such termination, the applicable Supplement
shall be of no further force or effect except to the extent of the representations, warranties
and indemnities made by each Party to the other thereunder. Otherwise, the LICENSEE
shall have no further obligations for the payment of rent to LICENSOR for the terminated
Supplement. Notwithstanding anything to the contrary in this Paragraph, LICENSEE shall
continue to be liable for all rental payments to the LICENSOR until all equipment is removed
from the Property.
19) INSURANCE. LICENSEE shall carry, at LICENSEE's own cost and expense, the following
insurance: (i) property insurance for its property's replacement cost against all risks; (ii)
workers' compensation insurance, as required by law; or (iii) commercial general liability
insurance with respect to its activities on LICENSOR improvements or rights -of -way to afford
[insert minimum protection limits consistent with requirements of other users of LICENSOR
improvements or rights -of -way, including coverage for bodily injury and property damage.
Example: LICENSEE agrees that at its own cost and expense, LICENSEE will maintain
general liability insurance with limits not less than $ for injury to or death of
one or more persons in any one occurrence and $ for damage or
destruction to property in any one occurrence.) LICENSEE shall include LICENSOR as an
additional insured on the commercial general liability policy and provide certification and
documentation of inclusion of LICENSOR in a commercial general liability policy.]
LICENSEE may self -insure all or a portion of the insurance coverage and limit
requirements required by LICENSOR. If LICENSEE self -insures it is not required, to
the extent of the self-insurance, to comply with the requirement for the naming of
additional insureds under this Section. If LICENSEE elects to self -insure it shall
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Draft IML Model Master Pole Attachment Agreement
provide to LICENSOR evidence sufficient to demonstrate LICENSEE'S financial
ability to self -insure the insurance coverage and limits required by LICENSOR.
20) INDEMNIFICATION. LICENSEE shall indemnify and hold LICENSOR harmless against any
and all liability or loss from personal injury or property damage resulting from or arising out
of, in whole or in part, the use or occupancy of LICENSOR's improvements or right-of-way
associated with such improvements by LICENSEE or its employees, agents, or contractors
arising out of the rights and privileges granted under this Agreement and PA 100-0585.
LICENSEE has no obligation to indemnify or hold harmless against any liabilities and losses
as may be due to or caused by the sole negligence of LICENSOR or its employees or
agents. LICENSEE hereby further waives any claims that LICENSEE may have against the
LICENSOR with respect to consequential, incidental, or special damages, however caused,
based on the theory of liability.
21) REMOVAL AT END OF TERM. LICENSEE shall, upon expiration of the Term, or within
ninety (90) days after any earlier termination of a Supplement, remove its equipment,
conduits, fixtures and all personal property and restore the Premises to its original condition,
reasonable wear and tear and casualty damage not caused by LICENSEE excepted.
LICENSOR agrees and acknowledges that all of the equipment, conduits, fixtures and
personal property of LICENSEE shall remain the personal property of LICENSEE and
LICENSEE shall have the right to remove the same at any time during the Term, whether or
not said items are considered fixtures and attachments to real property under applicable
laws. If such time for removal causes LICENSEE to remain on the Premises after
termination of the Supplement, LICENSEE shall pay rent at the then existing monthly rate or
on the existing monthly pro-rata basis if based upon a longer payment term, until such time
as the removal of the antenna structure, fixtures and all personal property are completed.
22) RIGHTS UPON SALE. Should LICENSOR, at any time during the Term of any Supplement
decide to sell or transfer all or any part of the Property such sale or grant of an easement or
interest therein shall be under and subject to the Supplement and any such purchaser or
transferee shall recognize LICENSEE's rights hereunder and under the terms of the
Supplement.
23) NOTICES. Subject to paragraph 11 herein, all notices hereunder must be in writing and
shall be deemed validly given if sent by certified mail, return receipt requested or by
commercial courier, provided the courier's regular business is delivery service and provided
further that it guarantees delivery to the addressee by the end of the next business day
following the courier's receipt from the sender, addressed as follows (or any other address
that the Party to be notified may have designated to the sender by like notice):
LICENSOR:
Title Village
Address
Village, State Zip
Copy to:
Retained Attorney/Corporation Counsel
Address
Village, State Zip
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Draft IML Model Master Pole Attachment Agreement
LICENSEE:
Name
Company
Address
Village, State Zip
Copy to:
Name
Company
Address
Village, State Zip
Either Party may change the addressee and/or location for the giving of notice to it by
providing a thirty (30) days' prior written notice to the other Party.
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
24) CASUALTY. In the event of damage by fire or other casualty to the Pole or Premises that
cannot reasonably be expected to be repaired within forty-five (45) days following same or, if
the Pole or Property is damaged by fire or other casualty so that such damage may
reasonably be expected to disrupt LICENSEE's operations at the Premises for more than
forty-five (45) days, then LICENSEE may, at any time following such fire or other casualty,
provided LICENSOR has not completed the restoration required to permit LICENSEE to
resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior
written notice to LICENSOR. Any such notice of termination shall cause the Supplement to
expire with the same force and effect as though the date set forth in such notice were the
date originally set as the expiration date of the Supplement and the Parties shall make an
appropriate adjustment, as of such termination date, with respect to payments due to the
other under the Supplement. Notwithstanding the foregoing, the rent shall abate during the
period of repair following such fire or other casualty in proportion to the degree to which
LICENSEE's use of the Premises is impaired.
25) DEFAULT. In the event there is a breach by a Party with respect to any of the provisions of
this Agreement or its obligations under it, the non -breaching Party shall give the breaching
Party written notice of such breach. After receipt of such written notice, the breaching Party
shall have 30 days in which to cure any breach, provided the breaching Party shall have
such extended period, not to exceed 90 days, as may be required beyond the 30 days if the
breaching Party commences the cure within the 30 day period and thereafter continuously
and diligently pursues to cure to completion. The non -breaching Party may maintain any
action or affect any remedies for default against the breaching Party subsequent to the 30
day cure period, as potentially extended to 90 days based on circumstances.
26) REMEDIES. In the event of a default by either Party with respect to a material provision of
this Agreement, without limiting, other than by the specific terms of this Agreement, the non -
defaulting Party in the exercise of any right or remedy which the non -defaulting Party may
have by reason of such default, the non -defaulting Party may terminate the applicable
Supplement and/or pursue any remedy now or hereafter available to the non -defaulting
Party under the Laws or judicial decisions of the state of Illinois. Further, upon a default, the
non -defaulting Party may at its option (but without obligation to do so), perform the
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Draft IML Model Master Pole Attachment Agreement
defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited
to the obtaining of reasonably required insurance policies. The costs and expenses of such
performance by the non -defaulting Party shall be due and payable by the defaulting Party
upon invoice therefor.
27) APPLICABLE LAWS. During the Term, LICENSOR shall maintain the Property and the
Pole in compliance with all applicable laws, rules, regulations, ordinances, directives,
covenants, easements, zoning and land use regulations, and restrictions of record, permits,
building codes, (collectively "Laws"). LICENSEE shall, in respect to the condition of the
Premises and at LICENSEE's sole cost and expense, comply with (a) all Laws relating
solely to LICENSEE's specific and unique nature of use of the Premises; and (b) all building
codes requiring modifications to the Premises due to the improvements being made by
LICENSEE in the Premises. It shall be LICENSOR's obligation to comply with all Laws
relating to the Pole in general, without regard to specific use (including, without limitation,
modifications required to enable LICENSEE to obtain all necessary building permits).
28) BOND. LICENSEE shall deposit with LICENSOR on one occasion prior to the
commencement of the first Supplement a bond in a form reasonably acceptable to
LICENSOR in the amount of $10,000 per small wireless facility to guarantee the safe and
efficient removal of any equipment from any Premises subject to this Agreement, which
equipment remains more than 30 days after rental payment has ceased and Licensee has
failed to remove the equipment. The funds may also be used to restore the premises to
original condition, if LICENSEE fails to do so.
29) MISCELLANEOUS. This Agreement and the Supplements that may be executed from time
to time hereunder contain all agreements, promises and understandings between the
LICENSOR and the LICENSEE regarding this transaction, and no oral agreement, promises
or understandings shall be binding upon either the LICENSOR or the LICENSEE in any
dispute, controversy or proceeding. This Agreement may not be amended or varied except
in a writing signed by all Parties. This Agreement shall extend to and bind the heirs,
personal representatives, successors and assigns hereto. The failure of either party to insist
upon strict performance of any of the terms or conditions of this Agreement or to exercise
any of its rights hereunder shall not waive such rights and such party shall have the right to
enforce such rights at any time. The performance of this Agreement via each Supplement
shall be governed interpreted, construed and regulated by the laws of the state of Illinois.
30) EXECUTION IN COUNTERPARTS. This Agreement and any Supplements may be
executed in multiple counterparts, including by counterpart facsimiles or scanned email
counterpart signature, each of which shall be deemed an original, and all such counterparts
once assembled together shall constitute one integrated instrument.
31) AUTHORIZATION. LICENSEE certifies and warrants that it has the authority to enter into
this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LICENSOR:
By:
Name:
Title:
Date:
LICENSEE:
By:
By:
Name:
Title:
Date:
,, an Illinois Municipal Corporation
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Draft IML Model Master Pole Attachment Agreement
EXHIBIT "A"
LICENSE SUPPLEMENT
This License Supplement (Supplement), is made this _ day of _, I
between the Village of , whose principal place of business is
(LICENSOR), and
whose principal place of business is
(LICENSEE).
1. Master License Agreement. This Supplement is a Supplement as referenced in that
certain Master License Agreement between the Village and
, dated 20_, (the Agreement). All
of the terms and conditions of the Agreement are incorporated herein by reference and made a
part hereof without the necessity of repeating or attaching the Agreement. In the event of a
contradiction, modification or inconsistency between the terms of the Agreement and this
Supplement, the terms of this Supplement (note — Supplement should govern because there
may be some site specific items that might have to be addressed at an individual location which
might create a conflict with Agreement terms) shall govern. Capitalized terms used in this
Supplement shall have the same meaning described for them in the Agreement unless
otherwise indicated herein.
2. Premises. The Property owned by Licensor is located at
. The Premises licensed by the LICENSOR to the
LICENSEE hereunder is described on Exhibit 1" attached hereto and made a part hereof.
3. Term. The Commencement Date and the Term of this Supplement shall be as set forth
in Paragraph 6 of the Agreement.
4. Consideration. Rent under this Supplement shall be $200.00 per year, payable to
LICENSOR at . Thereafter, Rent will be due at each annual anniversary
of the "Commencement Date" of this Supplement. LESSEE shall obtain electrical service
and provide for a separate meter and billing from the applicable utility provider.
5. Site Specific Terms. (include any site -specific terms)
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Draft IML Model Master Pole Attachment Agreement
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seal the day and year first above written.
LICENSOR
Village of , an Illinois Municipal Corporation
By: _
Name:
Title:
Date:
LICENSEE
By:
Name:
Title:
Date:
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Draft IML Model Master Pole Attachment Agreement
EXHIBIT 1
Premises
(see attached site plans)
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Information Item : General Fund Five -Year Operating Forecast
Recommendation of Action I
............ § ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
taff recommends discussion.
The purpose of the Five -Year Operating Forecast is to help the Village of Buffalo Grove make informed
and operational decisions by better anticipating future revenues and expenditures. Using the forecasted
data, the Village can plan strategies for providing a consistent, appropriate level of service to the
customers while ensuring the revenues and expenditures remain in a sustainable balance. The primary
objective of the forecast is to provide the Village Board and related stakeholders with an early financial
assessment and identify significant issues that should be addressed in the budget development process.
ATTACHMENTS:
0 Five Year General Fund Forecast 2019-2023 (DOCX)
Trustee Liaison
Stein, Johnson
I Monday, June 4, 2018 1
Staff Contact
Scott Anderson, Finance
Updated: 5/30/2018 2:20 PM
Page 1
t Pg. 55
I
201 9 2023
Village of Buffalo Grove
A Financial Assessment of General Fund
Revenues and Expenditures
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The purpose of the Five -Year Operating Forecast is to help the Village of Buffalo Grove make
informed and operational decisions by better anticipating future revenues and expenditures.
Using the forecasted data, the Village can plan strategies for providing a consistent, appropriate
level of service to the customers while ensuring the revenues and expenditures remain in a
sustainable balance. The primary objective of the forecast is to provide the Village Board and
related stakeholders with an early financial assessment and identify significant issues that
should be addressed in the budget development process. For the purposes of constructing the
forecast, operating revenues are measured against operation expenditures without including
any prior period fund balance to subsidize revenue.
The goals of the forecast are to assess the Village's ability,
over the next five years, to maintain current service levels
based on projected revenue growth, evaluate future
sustainability by aligning operating revenues and
expenditures, and ensure proper funding of infrastructure
reserves. The assessment analyzes the capacity to fund
capital projects and also restore unassigned fund balance
reserves to ultimately reach a balance that will cover four
and a half months of expenditures (35%).
� �h, e � inte ii, i t o f t �h e �F �ve
Year Opeirafing Forecast
�s to evaWato reSOUirce
aHlocadoins to einsuire fl �e
�)iropeir fun&ng levds foir
seirvices, capfta�,
hdrastiructuire, and
maintain�ing ireserves.
It is important to stress that this forecast is not a budget. It
does not dictate expenditure decisions; rather it identifies the need to prioritize allocations of
Village resources. The forecast sets the stage for the budget process and aids both staff and
the President and Board of Trustees in establishing priorities and allocating resources
appropriately.
As a governmental entity, changes in strategy that involve service delivery should be slow and
methodical. The forecast provides a snapshot of the Village's fiscal health based on numerous
assumptions over the next five years. The forecast is a planning tool and should be considered
fluid in its construction. As new significant data or trends emerge, the document will be
revised, at minimum, on an annual basis.
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The General Fund is the main operating fund and accounts for the core public services provided
by the Village including public safety (police & fire), public works, community development, as
well as operations that support core services. All major discretionary revenues such as property
tax, sales tax, income tax, telecommunication, and utility use tax are accounted for within the
General Fund. The Finance Department works with departments responsible for administering
the service and/or collecting the associated revenue to develop program revenues.
Expenditures assumed in the forecast are based on the current service level or funding required
to maintain today's level of recurring service. No additional staffing has been included in the
estimates. Final audited 2017 expenditures set the baseline for analysis blended with estimates
through the first half of FY 2018. The General Fund is the primary focus of the forecast as it
represents over half of the total Village Budget. The second largest Village Fund is the Water
and Sewer Fund accounting for 26 percent of the total budget. A twenty-year funding analysis
is completed annually for that enterprise activity
In the absence of any known service level modifications, the forecast assumes the continuation
of current service levels and the costs projected over five years. Revenues are estimated based
on anticipated growth and does not consider increases in revenues generated by new fees or
increases in fees, new development, and/or charges beyond what is prescribed by current
ordinance.
I Packet Pg. 58 1
In the development of a long-term financial forecast, the Village reviews external and internal
factors that could impact the either the collection of revenue or the price of acquiring goods or
providing services. Evaluating how the regional impact of the national economy (macro)
influences the local economy (micro) is an important step in the process.
The national economy affects both state and local economies, although this impact varies by
jurisdiction and may actually have an inverse effect on a community. Some of the economic
indicators the Village uses in financial analysis include; inflation, stock market returns,
employment, housing starts, vehicle sales, interest rates, and manufacturing activity.
Inflation —The Consumer Price Index (CPI) commonly referred to as the inflation rate, measures
the average price change for a market basket of consumer goods and services. The Bureau of
Labor Statistics classifies each expenditure item in the basket into more than 200 categories
catalogued into eight major groups. The Consumer Price Index is used as the inflationary factor
for specific non -personnel services.
As inflation goes up, the cost of goods sold go up, increasing retail sales tax revenue. As prices
rise, so will business income tax receipts. Conversely, the Village will have to pay more for
goods and services. The most recent (April 2018) Consumer Price Index is at 2.1 percent.
Stock Market Returns — Stock market returns are a leading indicator and will change before the
economy changes. Approximately 60 percent of all Village pension funds are invested in mutual
funds and/or individual stocks. The performance of the stock market is a significant factor in
determining the growth of the property tax levy for pensions. It is assumed the pension funds
will earn seven percent annually through investment returns.
Employment — Retail and vehicle sales tend to have inverse relationships with the
unemployment rate. Sales tend to move in the opposite direction of the unemployment rate.
Chronic unemployment often spills over into the residential real estate market resulting in lost
real estate transfer tax revenue.
Housing starts - This indicator provides a sense of the overall demand for housing, which can be
indicative of local housing activity. Data maintained by local realtor groups is useful in
projecting the future of market recoveries.
I Packet Pg. 59 1
Vehicle sales — sales and use tax revenues tend to fall with vehicle sales, which are heavily
dependent upon both employment and interest rates. However, if increases in new vehicles are
expected to reduce the value of used vehicles, the sales and use tax base can actually decline if
the depreciation of used vehicles is not equally offset by the value of new vehicles.
Interest rates — the interest rate impacts the Village's revenues in several ways. First,
investment income will be affected by interest rates. Second, the availability and cost of capital
directly affects business expansion and retail purchases. As credit is extended and/or rates are
lowered, revolving purchases may increase, thereby increasing development plans and retail
sales and, by extension, sales tax and business licenses revenues.
Manufacturing activitV — If a Village has a large manufacturing sector, the ISM (Institute of
Supply Management Index) becomes a significant factor in revenue analysis and forecasting.
Manufacturers respond to the demand for their products by increasing production and building
up inventories to meet the demand. The increased production often requires new workers,
which lowers unemployment figures and can stimulate the local economy.
Although national economic indicators do have some trickle -down impact on the Village
Budget, there are regional and local economic factors that have a direct influence over
revenues and expenditures. Some of those factors that have been considered moving into the
next five-year update include;
Impact of the Real Estate Market and Assessed Valuations. Assessed values for taxable
property continue with positive growth. Lake County properties values grew by 3.77
percent, in FY 2017, while Cook County property values increased by 20.93 percent after
a triennial reassessment. See the chart below to see the ten-year history of equalized
assessed values
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• State of Illinois Budget Crisis. As the State of Illinois continues to struggle with its own
finances, staff continues to monitor legislative discussions that could have a direct
financial impact on Village revenues.
• Impact of Employer Pension Costs. The tax levies for the three pension systems account
for about 40 percent of the property tax levy. Additional pressure on the tax levy to
support growing pension costs will impact the ability to increase taxes for core services.
Bond rating agencies continue to site pension obligations as a downward pressure on
the Village's ability to maintain a Aaa rating.
Health Care Inflation. After wages, health care costs are the single largest expenditure
category in the fund and the Village continually reviews the structure of the plan to try
limit the amount of growth on an annual basis. The Village is a member of the
Intergovernmental Personnel Benefits Cooperative (IPBC). This insurance pool helps to
dilute risk and helps to leverage purchasing power. In FY 2018, the Village eliminated a
high cost PPO plan in an effort to control the growth in medical costs. Those efforts
reduced the cost of the total plan by nearly five percent or $200,000 annually.
• CommerciallRetail Development. The economy's impact on existing sales tax generators
as well as development or redevelopment of Dundee, Milwaukee Road corridors and
Lake Cook Corridors continues to be an important cog in economic development. The
Village completed and shared with the community the Lake Cook Corridor that
highlights the opportunities that redevelopment may have on the Village economy.
• Infrastructure. The ability to keep pace with the maintenance needs of Village owned
assets continues to be a significant financial challenge. The Village owns and maintains
$.9 billion in total assets.
Listed below is the five-year update to the General Fund Forecast. The remainder of the report
will describe the methodologies used to develop both revenues and expenditures.
I Packet Pg. 61 1
Revenue 2019 2020 2021 2022 2023 Growth
Property Taxes
15,306,584
15,689,249
16,081,480
16,483,517
16,895,605
1.025
Income & Use Taxes
4,934,874
5,058,246
5,184,702
5,314,320
5,447,178
1.025
State Sales Tax
6,477,200
6,606,744
6,738,879
6,873,656
7,011,130
1.02
Home Rule Sales Tax
3,876,000
3,953,520
4,032,590
4,113,242
4,195,507
1.02
Real Estate Transfer Tax
1,040,000
1,071,200
1,103,336
1,136,436
1,170,529
1.03
Telecommunications Tax
.... ................
1,510,000
...............
1,510,000
1,510,000
1,510,000
1,510,000
1.00
Food and Beverage Tax
794,614
818,452
843,006
868,296
894,345
1.03
Utility Tax-Electric/Natural Gas
2,685,000
2,685,000
2,685,000
2,685,000
2,685,000
1.00
Licenses
329,285
329,285
329,285
329,285
329,285
1.00
Building Revenue & Fees
1,197,557
1,197,557
1,197,557
1,197,557
1,197,557
1.00
Intergovernmental - Local
275,601
281,113
286,73S
292,470
298,319
1.02
Fines & Fees -Police & Fire
1,736,790
1,736,790
1,736,790
1,736,790
1,736,790
1.00
Storm Water Management Fees
1,135,000
1,135,000
1,135,000
1,135,000
1,135,000
1.00
Operating Transfers
877,000
877,000
877,000
877,000
877,000
1.00
Cable Franchise Fees
846,600
863,532
880,803
898,419
916,387
1.02
Miscellaneous Revenue
689,618
696,514
703,479
710,514
717,619
1.01
Total Revenues
43,711,723
44,509,202
45,325,642
46,161,502
47,017,250
Annual Increase
3.7%
1.8%
1.8%
1.8%
1.9%
Expenditure
1 2019
2020
2021
2022
2023
Growth
Personal Services
21,831,346
22,486,287
23,160,875
23,855,702
24,571,373
1.03
Personal Benefits
10,958,641
11,287,400
11,626,022
11,974,803
12,334,047
1.03
Operating Expenses
2,944,055
3,002,936
3,062,994
3,124,254
3,186,739
1.02
Insurance & Legal Services
1,333,630
1,386,976
1,442,455
1,500,153
1,560,159
1.04
Commodities
373,110
-------------------
382,438
-------------------
391,999
401,799
---------------------
411,844
1.025
Maintenance & Repairs
3,045,269
3,121,401
7
3,361,407
1.025
All Other Expenses
S00,000
512,500
S2S,313
538,445
1.025
Total Expenditures
40,986,052
42,179,937
43,409,094
44,661,445
45,964,014
Operating Surplus/(Deficit)
2,725,671
2,329,265
1,916,548
1,500,057
1,053,236
Annual Increase
3.8%
2.9%
2.9%
2.9%
2.9%
The forecast provides three levels of analysis. The first level (above) is to show the General
Fund's ability to meet day-to-day expenditures. The highlighted row designated as Operating
Surplus/ (Shortfall) is an indicator of whether anticipated revenues support operating
expenditures. In all five years of the forecast, revenues will support current services. This is a
measure of short-term sustainability. The second level of the analysis includes transfers for
capital projects, golf enterprise subsidies, and infrastructure reserves.
Long term sustainability is measured through the Village's ability to invest in infrastructure
including funding reserves for vehicles, buildings, equipment, technology, streets (through
Motor Fuel Tax), and projects in the Capital Improvement Plan. All projects submitted for
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inclusion in the FY 2018-2022 CIP have been added to this report. After including these
transfers, the total fund shortfall at the end of FY 2023 is estimated to be nearly $9.7 million.
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Revenue
2019
2020
2021
2022
2023
Growth
Property Taxes
1S,306,S84
1S,689,249
16,081,480
16,483,S17
16,895,605
1.025
Income & Use Taxes
4,934,874
S,058,246
S,184,702
............ ..............................................................
S,314,320
S,447,178
1.025
State Sales Tax
6,477,200
6,606,744
6,738,879
6,873,656
7,011,130
1.02
-----------------------
Home Rule Sales Tax
3,876,000
3,953,520
-
4,032,590
---------------------
4,113,242 "I'l""I'll""I'll'll""I'll""I'll'I
4,195,507
1.02
Real Estate Transfer Tax
1,040,000
1,071,200
1,103,336
1,136,436
1,170,529
1.03
Telecommunications Tax
1510,000
1,510,000
1,S10,000
... ..............................................................
1,S10,000
1,510,000
1.00
Prepared Food and Beverage Tax
794,614
818,452
843,006
868,296
894,34S
1.03
Utility Tax-Electric/Natural Gas
2,685,000
2,685,000
2,685,000
............ ..............................................................
2,685,000
2,685,000
1.00
Licenses
329,285
329,285
329,285
329,285
329,285
1.00
Building Revenue & Fees
1,197,557
1,197,557
1,197,557
............ ..............................................................
1,197,557
1,197,557
1.00
Intergovernmental Revenue-
Local
275,601
281,113
286,735
292,470
298,319
1.02
Fines & Fees -Police & Fire
1,736,790
1,736,790
1,736,790
............ ..............................................................
1,736,790
1,736,790
1.00
Storm Water Management Fees
1,135,000
1,135,000
1,135,000
1,135,000
1,135,000
1.00
Operating Transfers
877,000
877,000
877,000
............ ..............................................................
877,000
877,000
1.00
Cable Franchise Fees
846,600
863,532
880,803
............ ..............................................................
898,419
916,387
1.02
Miscellaneous Revenue
689,618
696,514
703,479
710,514
717,619
1.01
Total Revenues
43,711,723
44,509,202
45,325,642
46,161,502 1
47,017,250
Annual Increase
3.7%
1.8%
1.8%
1.8%
1.9%
Expenditure
2019
2020
2021
2022
2023
Growth
Personal Services
21,831,346
22,486,287
23,160,87S
23,855,702
24,571,373
1.03
Personal Benefits
10,958,641
11,287,400
11,626,022
........... ..............................................................
11,974,803
12,334,047
1.03
Operating Expenses
2,944,055
3,002,936
3,062,994
3,124,254
3,186,739
1.02
Insurance & Legal Services
1,333,630
1,386,976
1,442,455
........... ..............................................................
1,500,153
1,560,159
1.04
Commodities
373,110
382,438
391,999
........... ..............................................................
401,7
411,844
1.025
Maintenance & Repairs
3,045,26911,
3,121,401
3,199,
421
.. ................
1"'4`0`7
1.025
All Other Expenses
S06,000
S12,500
S2S,313
S , 5
1.025
Total Expenditures
40,986,052
42,179,937
43,409,094
44,661,445
45,964,014
Operating Surplus/(Shortfall)
2,725,671
2,329,265
1,916,548
1,500,057
1,053,236
Annual Increase
3.8%
2.9%
2.9%
2.9%
2.9%
Capital Transfers & Subsidies
2019
2020
2021
2022
2023
Capital Reserve - Vehicles
700,000
700,000
700,000
700,000
700,000
-----------------------
Capital Reserve - Facilities
500,000
500,000
-
500,000
---------------------
"I'l""I'll""I'll'll""I'll""I'llI
500,000
500,000
Capital Reserve - Technology
100,000
100,000
100,000
100,000
100,000
........... ......................
Capital Reserve - Storm Water
2SO,000
250,000
2SO,000
2SO,000
250,000
Street Program
1,265,000
2,810,000
2,780,000
405, 01
839,101
Golf Enterprise
250,000
250,000
250,000
250,000
F
250,000
C a p i tal I m pr o ve m e n t P I a n
598,154
486,000
324,100
270,000
500,000
Total Transfers
3,663,1S4
5,096,000
4,904,100
2,47S,000
3,139,101
Total Fund Surplus/(Shortfall)
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I Packet Pg. 63 1
One of the financial indices the bond rating agencies (Standard & Poors and Moody's Investor
Services) cite as the reason for the current AAA bond rating is the low level of debt. The current
budgeting strategy is to contribute to capital reserve programs in order to remain on a pay-as-
you-go basis of capital asset financing. If reserve amounts are depleted, or inadequately
funded, staff will need to consider debt financing for future expenditures.
Over the next five years, it is anticipated that $11.5 million will be required through the
issuance of debt to address a backlog of street and building repairs.
Unfunded/Debt
2019 2020 2021 2022 2023
Street Program
6,000,000
Capital Improvement Plan
1,833,333
1,833,333
1,833,333
Total Unfunded/Debt
6,000,000
1,833,333
1,833,333
1,833,333
The General Fund Fund Balance Reserve Policy sets forth a minimum unassigned reserve level
of 25 percent of the subsequent year's budget (capital funding and reserve transfers). Within
the adopted Strategic Priorities is a goal of reestablishing a 35 percent threshold by the end of
FY 2017.
It is important to maintain a strong reserve level for several reasons, (1) it provides more time
to react and respond to revenue threats created by economic conditions, (2) it helps to better
withstand any unfunded legislative mandates that will create additional expenditure obligations
without corresponding revenue, and (3) to fund unforeseen infrastructure/capital asset costs.
Spending down of prior period reserve balances allows the Village time to reallocate resources
within the budget and restructure service levels to react to the fiscal environment. After
drawing down on the balance to respond to emergency conditions, it is important to rebuild
those reserves in order to remain flexible to respond to the next threat. Fund balance should
never be used to support day-to-day operations. Absent an unforeseen economic crisis, the use
of reserves to support operating expenditures represents a budget that is structurally
unbalanced.
The audited General Fund balance level at the end of FY 2017 is $18.9 million or 45.1 percent of
the FY 2018 budget.
I Packet Pg. 64 1
Approximately 86 percent of all General Fund revenue is generated from seven revenue
sources including property tax, combined sales tax including prepared food and beverage,
income and use tax, telecommunications tax, utility (natural gas & electricity) use tax and real
estate transfer tax.
Almost half of the Village's major revenue sources are elastic. Elastic revenues are those
sources that tend to fluctuate with the economy. A balance between elastic and inelastic
revenue is desired as a hedge against market volatility. General Fund revenues considered to
be elastic include sales and use taxes, income taxes, telecommunications tax, real estate
transfer tax, building revenue and fees, and investment income. The property tax is an example
of a non -elastic source of revenue as collections are stable and predictable.
With the tenuous financial condition of the State of Illinois, the Village continues to seek to be
less reliant upon state -shared revenues (income, base sales, and telecommunication taxes) and
align core services with taxes/fees under local home rule control.
There are three components to the Village's property tax levy. The first component is the
Corporate Levy. This levy helps to fund public safety (police and fire) operations. The growth in
the corporate levy is tied to inflation. The second component is the Debt Service Levy. This levy
covers the principal and interest payment on outstanding debt issuances. The last component is
the special purpose/pension levies.
The tax levies for the three pension funds (police, Firefighters and IMRF) are calculated by
independent actuaries. The levies are structured to cover the normal cost of the pension, an
amortized annual amount of the unfunded actuarial liability, and the interest cost on that
liability. Unfunded liability grows when actuarial assumptions are not met (interest rate) or
when legislative changes (Springfield) are enacted that enhances benefits. Those legislative
changes produce unfunded liabilities.
Each year the Village determines its levy amount. Since debt service payments are mandatory,
as are pension contributions, the amount of control the Village has over the tax levy is limited
to the Corporate Levy.
Future ability to raise property tax revenue to support General Fund operations is challenging,
as the corporate levy must compete for tax dollars with pension and debt service levies.
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See the chart below to see where property tax dollars are allocated.
DeUL Service
4%
The levy request is then applied to the equalized assessed value of all property within the
Village to determine a tax rate. Assuming the same tax levy amount, if the values go up the rate
goes down and conversely the rate goes up if the values decline.
The total equalized assessed value of property in Buffalo Grove is $1,662,450,463 representing
a 2.9 percent increase from the previous year but down 12.3 percent from valuation peak in FY
2009. The more new properties that are added to the tax base, the lower the tax burden on all
property owners.
2,000,000
C
M
1,500,000
0
M
F-
1,000,000
500,000
0
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
MCool<County UTotalEAV WLakeCouty
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I Packet Pg. 66 1
Inflation sets the growth baseline for both the base (2%) and home rule sales taxes (2%).
Combined, this is the second largest revenue source for the Village. The base sales tax revenue
is directly related to the dollar value of sales made within the Village. Home rule sales tax
applies to the same transactions as the base sales tax except in the following transactions, food
for human consumption off the premises where sold (groceries), prescription and non-
prescription medicines and tangible personal property that is titled with an agency of the State
of Illinois.
The assumption for the five-year analysis is that the retail mix will remain substantially similar
to what exists today with the exception of where new business, or expansions of existing
businesses, is known. Those businesses include Woodman's, BITS, and Thermflo. A conservative
estimate of new revenue, less tax reimbursements, was added to the FY 2019 projection. As
actual sales tax amounts are remitted in IFY 2019 the forecast will be revised to better reflect
actual sales figures. The forecast applied to both base and home rule sales tax produces the
following:
$8,000
$7,000
$6,000
$5,000
$4,000
$3,000
$2,000
$1,000
$0
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
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I Packet Pg. 67 1
$4,500
$4,000
0 $3,500
$3,000
$2,500
$2,000
$1,500
$1,000
$500
$0
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
The Village strives to diversify its retail tax base so that no one sector is overly exposed to
economic and/or demand fluctuations. The following chart reflects the Illinois Department of
Revenue Standard Industry Codes (SIC) for sales tax remitted to the Village.
Manufacturers,
2.56%
Agriculture & All
Others, 1S.63%
Drugs & Misc. Retail,
28.47%
General
Merchandise, 0.08%
Food, 14.94%
Drinking and Eating
Places, 9.36%
--� Apparel, 0.93%
Furniture & H.H. &
Radio, 3.19%
Lumber, Bldge,
—Hardware, 14.93%
Automotive & Filling
Stations, 9.90%
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The Illinois Income Tax is imposed on every individual, corporation, trust, and estate earning or
receiving income. The tax is calculated by multiplying net income by a flat rate. The current rate
is 4.95 percent of net income. The effective per capita distribution to municipalities is six
percent of net proceeds.
The Village's unemployment rate as of April, 2018 is 2.6 percent. The largest occupation sector
is within management, business and finance at 14.83 percent of the workforce. The forecast
accounts for 2.5 percent growth each year through the duration of the forecast. The chart
below shows the performance of the revenue since FY 2014.
$6,000
$5,000
$4,000
$3,000
$2,000
$1,000
$0
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
This tax (1%) was adopted in 2008 and is levied on the purchase of prepared food for
immediate consumption and the sale of liquor. Similar to sales tax, inflationary growth is the
central driver of revenue increases with five-year increases projected at two percent annually.
There are 109 establishments that charge and remit this tax to the Village.
This tax levied at 6 percent on all types of telecommunications except for digital subscriber lines
(DSL) purchased, used, or sold by a provider of internet service (effective July 1, 2008). The
exemption of IDSL service has made a significant impact on collections. Recent legislation has
also mandated that data packages no longer be bundled with all other telecommunications
billing for the sake of taxation. Those services have been exempted. This revenue is down 41
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percent from the peak in FY 2007. The forecast calls for no change over the remainder of the
plan.
Natural gas and electricity charges are based on consumption and will fluctuate with seasonal
demands. The Village is charging the highest statutory rate. There is no consumption growth
projected over the next five years. Any new growth will be predicated on adding square footage
to houses or buildings and offset by more energy efficient construction and mechanical
systems.
Real estate transfer tax is collected at the rate of $3 per $1,000 of sales consideration. This
revenue reached a peak in 2005 at $1.3 million. There has been a recovery in sales since the
market reached a bottom in FY 2012. Traditional sales are increasing as well as the number of
high value commercial transactions.
$1,400
$1,200
$1,000
$800
$600
$400
$200
$0
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
The average annual increase in operating expenditures over the next five years is 3.1 percent.
In each of the next five years, wages and benefits account for about 74 percent of all
expenditures. The next largest expenditure account group is for maintenance and repairs (7
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I Packet Pg. 70 1
percent). For FY 2018 the distribution of General Fund expenditures is shown in the table
below.
All Other Capital Reserve Motor Fuel Tax,
Expenses, 1.1%_Lranslers, 3.5%___=2.�8�%""""'
Maintenance &
Repairs, 6.9%
Commodities, 0.8%
Insurance & Legal,
3.0%
Operating J
Expenses, 6.6%
Personal Bene
24.7%
Capital
—Improvement Plan,
Personal Services,
49.2%
Wages are anticipated to increase by a factor of three percent each year. The wage forecast
anticipates the general wage increases plus merit based pay range adjustments. The forecast
does assume retirements with a replacement hired at a lower starting salary.
Over half of the workforce is covered by collective bargaining agreements and the Village has
less flexibility when addressing wages within the police and fire departments.
Full time staffing is at 214 employees. For all positions, the ratio of municipal employees per
1,000 residents is 6.5, compared to a ratio of 7.8/1,000 in 2010. It is anticipated that no new
positions will be added during the forecast.
A major initiative in FY 2015 was to establish a pay for performance system that will allow
employees to move through their pay ranges. A merit wage pool will be included in the FY 2019
Budget and managed by the Human Resources Department. The ability to advance employees
through their pay range based upon performance is critical in maintaining an effective and
motivated work force.
I Packet Pg. 71 1
The largest single expenditure within Personal Benefits is for health insurance. The Village is a
member of the Intergovernmental Professional Benefits Cooperative (IPBC). As a member of
IPBC, the Village is better able to stabilize medical costs through risk pooling and provide for a
mechanism to help establish positive cash flow and rebuild reserves. The forecast calls for three
percent growth each year in premium expenses.
The employees' contribution is set at 15 percent of the premium in FY 2019. Continued efforts
will be made to maintain costs. A renewed emphasis on wellness programs and evaluating data
will be critical in the next few years to help stabilize experience. There was a significant amount
of plan design change to control costs in FY 2018. Those changes included incentive
components for switching to HMO plans and eliminating of a high cost hybrid PPO plan.
Beginning in FY 2014, employer pension obligations for police and firefighters are classified
under Personal Benefits instead of all other expenses and the Illinois Municipal Retirement
Fund has been closed. Employer pension costs have been assigned to each operating
department budget. The intent of the change was to better represent the true cost of providing
a specific service. Employer pension obligations are anticipated to be $6.8 million in 2019 or
14.7 percent of the General Fund Budget.
Within the Insurance category is the premium paid for general liability and workers'
compensation coverage. In FY 2016, the moved from Intergovernmental Risk Management Pool
(IRMA) for general liability and workers' compensation coverage to a fully uninsured stand-
alone program. The change was to establish a risk premium structure that is more
commensurate with the Village's service profile and asset values. The intent is to move to a
fully self -insured model by the end of the five-year forecast.
The deductible was raised in FY 2016 from $25,000 to $50,000 due to the recent proliferation of
worker's compensation claims. The forecast assumes growth of four percent as recent claims
experience will factor into the rolling five-year claims experience modifier. With a change to the
fully insured plan, the Village should be able to be a more active partner in the management of
workers comp claims and future litigation.
The Village is currently working towards the creation of a liability pool to share risk with
similarly sized, full -service communities. This should mitigate increases in premium costs and
develop economies of scale for administrative services.
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The single largest expenditure within the Commodity account group is for purchase of salt for
the snow and ice control program. The forecast calls for increases of 2.5 percent per annum.
Staff continues to seek innovative ways to reduce commodity costs, such as bulk electric
procurement, and utilizing centralized purchasing to leverage the Village's buying power.
Expenditure growth in this account group is estimated to be 2.5 percent per year. Included in
these expenditures are costs related to the maintenance and repair of sidewalks and bike
paths, street patching, streetlights, building facilities, vehicles, and parkway trees. Included in
these costs are Internal Service Chargebacks for Central Garage and Building Maintenance
expenditures.
Included in the transfers are $7.8 million for vehicles, technology, storm water, and building
reserves over the next five years. If the Village intends to continue with a pay-as-you-go
approach to acquiring vehicles, supporting technology infrastructure and repairing facilities,
then these transfers must be programmed.
It should be noted that the reserve amount for facilities is the bare minimum to address various
maintenance needs and does not provide enough funding for major repairs including roof
replacements, purchase of mechanical systems and/or functional remodeling. As noted earlier,
there is $5.5 million projected in debt supported facility repairs and improvements.
There is $10.2 million in capital projects scheduled for completion during the five-year forecast.
The projects are taken from the current Capital Improvement Plan (CIP) and the details of those
projects are included in the FY 2018 annual budget. The amount of the transfer does not
include all of the costs necessary to address the entire street maintenance program. $6 million
is assumed to be borrowed to increase the scope of street repairs over the next five years.
In each of the five years, revenues offset operating expenses and the budgets are anticipated to
be in balance. This statement should be viewed with caution as revenues are expected to grow
I Packet Pg. 73 1
on average 2.2 percent per year while operating expenditures outpace average annual revenue
growth by .9 percent per year or 3.1 percent.
After including amounts necessary for reserves and capital, there is a shortfall every year of the
forecast. The shortfall is created by a desire to cash finance most capital projects. This is
anticipated and adjustments can be made to address funding levels. It is important to note that
reducing amounts spent on capital should not be viewed as budget cuts (or savings); rather as a
conscious decision to defer spending to future years (oftentimes at a higher cost). Reserve
spending should be viewed in the same light.
While efforts will continue to focus on how to deliver the same high level of services at lower
unit costs, staff recognizes that revenues will also need to be reviewed. Every opportunity to
grow the sales tax base should continue to be considered. Staff must ensure that revenues are
reviewed for adequacy (fees), efficiency (collections), and efficacy (diversified). New revenue
sources should be researched, discussed, and if warranted, presented to the Village Board for
consideration.
This report will be used as a guide for the development of the FY 2019 Budget and will help
shape the discussion about how the Village adapts to the current and future financial
landscape. Staff seeks further input from the Village Board on the operating forecast.
I Packet Pg. 74 1
Information Item : Water Fund Twenty -Year Rate Forecast
Recommendation of Action I
............ § ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
taff recommends discussion.
This report provides a water utility rate justification and forecasts the adequacy of the rate over the next
twenty years to address operating expenses, capital programs, and infrastructure reserve funding.
ATTACHMENTS:
0 20 year water proforma - 2018 (DOCX)
0 20 year - 2018(PDF)
Trustee Liaison
Stein, Johnson
I Monday, June 4, 2018 1
Staff Contact
Scott Anderson, Finance
Updated: 5/30/2018 4:13 PM
Page 1
t Pg. 75
W[IAGE, OF
B(JFFAL0 GROVE
TO: Dane C. Bragg, Village Manager
FROM: Scott D. Anderson, Finance Director
DATE: May 30, 2018
RE: FY 2018 — Water Fund 20 Year Pro Forma Annual Update
11
Systeii'in Status Qpdate
In FY 2018 the combined Village water and sewer rate was increased by four percent. The intent of
the rate is to match the true cost of the system (operating, capital, and depreciation and reserve
costs) with the consumption fees assessed to water customers. In determining the adequacy of the
rate, the Twenty -Year Water Fund Proforma is updated to provide either a justification for the
current rate or a recommendation to modify the water rate ordinance.
A review of the audited 2017 Water Fund performance results in the following;
The cash and investment balance is $3.1 million — an increase of $.I million
The fund generated a surplus of $1.4 million. The previous year was a surplus of $.8 million.
Total gallons billed were 1.21 billion (proforma estimate — 1.30 billion) a decrease of 2.6
percent of the previous year.
The rate increase in the current year was $.23 moving the water rate from $5.91/1,000 gallons to
$6.14/1,000 gallons. The composition of the rate is noted below.
Compenents of the Water Rate
Infrastructure Reserves
Capital Expenses
Operating Expenses
Page I of 4
Packet Pg. 76
Rate arid Coii�'tsiui in�pfioin �����Hstoii''y
The Village maintained a water and sewer rate of $1.80/1,000 gallons for a period of twenty three
years (1983-2005). One significant reason leading to this period of rate stability was due to the age of
the water and sewer infrastructure. During the peak growth decades of the 1980's and 1990's,
developers donated approximately 53 percent of the water and sewer system assets. Through a
combination of minimal capital expenses, receipt of building and development fees, coupled with a
period of growing water consumption, the Water Fund was able to generate strong cash reserves to
allow for a strategy of pay-as-you-go financing for future infrastructure repair. Funding for future
infrastructure replacement (funding depreciation) was never a component of the rate structure.
Beginning in 2003, a pattern of declining water usage started. In 2002, 1.63 billion gallons of water
were billed. In 2016, 1.24 billion gallons were billed, a decrease of 23 percent. There is no
expectation that the amount of water billed will reach those levels again absent a significant drought
or the addition of heavy industrial uses.
The average ten year annual Village -wide consumption is 1.28 billion. That average drops to 1.2
billion over the last five years (5%). All water meters were replaced in FY 2017 and it is expected that
total billed consumption will increase by approximately three percent due to inefficiencies in
metering resulting from corrosion in aging meters.
Factors that continue to impact water usage include weather, conservation, mature landscaping and
more efficient appliances. The Villge's philosophy on establishing an infrastructure reserve is to cash
finance system replacement over the long term.
It is estimated, in the study, that the current fiscal year will close at 1.25 billion gallons billed. The
analysis uses an estimate of 1.3 billion gallons and will carry forward through the next 20 years.
Although there will be an increase in total consumers over the next two decades, continued
conservation efforts could partially counterbalance that growth.
Wateii�� F�t iii in d i iii hainc4�s
During the high growth years of the water system, the Water and Sewer Fund was able to amass a
cash balance that allowed for a reserve to address infrastructure maintenance and improvement.
Page 2 of 4
Packet Pg. 77
Due to the relative age of the system, over a fifteen year span (1993-2007) the only capital expense
was $229,527 for the St. Mary's Road water main replacement. Since 2008, $6.3 million in
infrastructure repairs and improvements has been spent. That does not include the $6 million in
water meter replacement costs. The meter replacement costs were funded through and installment
note the will be retired in 2030. In FY 2018, it is anticipated $1.9 million will be spent on system
repairs.
On the attached financial analysis, staff has presented a twenty year estimate of revenues, operating
expenses, Capital expenses and Operating Transfers. Revenues include all building fees and billed
amounts for water consumption. Operating expenses are those expenses related to the day to day
activities such as wholesale water purchase, labor and materials, and energy costs. Capital expenses
are those amounts spent to repair or improve capital assets and infrastructure. Operating transfers
are amounts paid to reimburse the General Fund for expenditures related to Water Fund activities.
Waiei, aind Seweii- Systeini Assets
The utility system consists of 181 linear miles of water and sewer main. The service life of the
infrastructure ranges from 50 years for cast iron main to 75 years for ductile iron. The previous
assumption used for replacing any future water mains is that on any given year where sections of the
system have reached the end of their useful life 25% of the system will be replaced. For instance,
water main constructed in 1966 has a replacement cost of about $372,000; we then forecast that
$94,000 in repairs would occur in FY 2018. This cost estimate compensates for the improbability that
the entire section will be replaced. The estimates reflect rolling replacements where in certain
instances only sections are repaired. Another factor for consideration is that the replacement cost
includes a curb -to -curb street reconstruction. About 50 percent of that expense will be charged to
the Capital Projects Street Fund or the Motor Fuel Tax Fund.
Within the straight line depreciation calculation beginning with the oldest main constructed in 1929,
the first replacement should have occurred in 1979. Approximately $18 million in water mains have
'expired' but have not needed to be repaired. Estimating the actual asset life at times is more
abstract than qualitative. Pipe that is ensconced in stable soil and subjected to consistent water
pressure may have a service life that may double an engineering estimate, and conversely, weak soils
or pressure fluctuations may reduce the life by many years.
The followina chart shows the Dattern of construction of water main since 1929.
80,000
60,000
40,000
20,000
0
Water Main Construction
in linear feet
0 r1J 1:t �.o W 0 r14 -;t 0 r1J 1:t �.o W 0
WMWWMMMM 00000 -A
M M M M M M M M M M 0 0 0 0 0 0
-1 r-i -i -i -i -i -i -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 N N N N r14 N
During the thirteen years spanning 1983-1996, almost 50% of the water system was constructed.
Fortunately during those years, the more resilient ductile iron was used. The cost of that original
installation was paid by developers as specified within development agreements.
Page 3 of 4
Packet Pg. 78
The age distribution of the water main leads to the cost estimates to replace the system noted in the
graph presented below:
Projected Infrastructure Replacement
Replacement costs begin to ramp up in the 2060s and 2070s as main installed during the peak
construction years reaches seventy years of age.
Water main is only one component of the delivery system. Other assets include the sanitary sewer
main, lift stations, and booster stations. The sanitary sewer mains have roughly the same total
mileage as the water main. The service life of the sewer mains should be significantly higher than
water mains as they are not subjected to pressure. Since the Village does not treat waste there are
no treatment facilities to fund. For the purpose of the pro forma, the FY 2017-2021 Capital
Improvement Plan was added to the calculation. Beyond 2018, a flat amount is budgeted each year
to address sanitary sewer system and lift station repairs.
Watei- Hate
Each year staff reviews the financial condition of the fund to determine the adequacy of current
rates. The rate is set by ordinance to increase in FY 2018 by 4 percent annually. There are no
changes recommended with this update.
The impact of infrastructure maintenance costs and the related strain on the water and sewer fund is
not unique to the Village of Buffalo Grove. All communities to varying degrees are challenged on how
to maintain and protect their system assets. A proper rate structure is the first step to ensuring that
the fund will have the resources available to maintain the integrity of the system.
Staff is recommending to review the tap on fees for adequacy. There is the potential for a significant
amount of development and the fees need to cover the cost of material and labor to make the
connection. This will require an independent analysis from an consulting firm.
The Village has hired an engineering firm to review the rate structure as it relates to operating
expenses, infrastructure funding and capital spending. At the conclusion and presentation of the
study there may be new assumptions that will be incorporated into this annual update.
Page 4 of 4
Packet Pg. 79
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Information Item : Executive Session- Section 2(C)(3) of the Illinois
Open Meetings Act: the Selection of a Person to Fill a Public Office,
as Defined in This Act, Including a Vacancy in a Public Office, When
the Public Body is Given Power to Appoint Under Law or
Ordinance, or the Discipline, Performance or Removal of the
Occupant of a Public Office, When the Public Body is Given Power
to Remove the Occupant Under Law or Ordinance.
Recommendation of Action I
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
N/A
Executive Session- Section 2(C)(3) of the Illinois Open Meetings Act: the Selection of a Person to Fill a
Public Office, as Defined in This Act, Including a Vacancy in a Public Office, When the Public Body is
Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the
Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law
or Ordinance.
Trustee Liaison
Sussman
I Monday, June 4, 2018 1
Staff Contact
Dane Bragg, Office of the Village Manager
Updated: 5/31/2018 3:06 PM
Page 1
t Pg. 82
Information Item : Executive Session- Section 2(C)(6) of the Illinois
Open Meetings Act: the Setting of a Price for Sale or Lease of
Property Owned by the Public Body.
Recommendation of Action I
............. 7 ..... .....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Executive Session- Section 2(C)(6) of the Illinois Open Meetings Act: The setting of a price for sale or
lease of property owned by the public body.
Trustee Liaison
Sussman
I Monday, June 4, 2018 1
Staff Contact
Dane Bragg, Office of the Village Manager
Updated: 5/31/2018 4:15 PM
Page 1
t Pg. 83
Information Item : Executive Session - Section 2(C)(1 1) of the
Illinois Open Meetings Act: Litigation, When an Action Against,
Affecting or on Behalf of the Particular Public Body Has Been Filed
and is Pending Before a Court or Administrative Tribunal, or When
the Public Body Finds that an Action is Probable or Imminent, in
Which Case the Basis for the Finding Shall be Recorded and
Entered into the Minutes of the Closed Meeting.
Recommendation of Action I
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
N/A
Executive Session - Section 2(C)(1 1) of the Illinois Open Meetings Act: Litigation, when an action
against, affecting or on behalf of the particular public body has been filed and is pending before a court or
administrative tribunal, or when the public body finds that an action is probable or imminent, in which case
the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
Trustee Liaison
Sussman
I Monday, June 4, 2018 1
Staff Contact
Dane Bragg, Office of the Village Manager
Updated: 5/30/2018 4:47 PM
Page 1
t Pg. 84