AGENDA FOR THE BOARD OF TRUSTEES Tuesday, January 21, 2014, 7:30 P.M.
Call to Order Roll Call Pledge of Allegiance Presentation of C-2 Long-Standing Business Plaques ( Brief Reception to Follow) Minutes of Previous Meeting Bills and Payroll Departmental Objectives Report – Public Works and Engineering Public Comment
REPORTS None
CONSENT AGENDA None
OLD BUSINESS 13-151-2 Ordinance Approving Name Change of Huehl Road to Embassy Way – 2R
14-3-1 Ordinance Approving a Rear Yard Setback for 170 Sequoia Lane – 1R
14-4-1 Ordinance Authorizing a Text Amendment and a Special Use for a Dry Cleaner to be Established at 190 N. Waukegan Road (CD One Price Cleaners and Heritage Properties) – 1R
14-2 -1 Resolution Approving a Commercial Solid Waste Hauling Agreement Between the Village of Deerfield and Lakeshore Recycling Systems, LLC
NEW BUSINESS 14-5 Resolution Approving an Amendment to the Personnel Policies and Procedures of the Village of Deerfield
14-6 Authorization to Award the North Trail Subdivision Drainage Study Contract to Daniel Creaney Company (NTE $78,300)
Items for discussion by Mayor and Board of Trustees Reports of the Village Manager Adjournment MEMORANDUM
TO: Kent Street, Village Manager
FROM: Kathleen LéVeque, Associate Planner
DATE: January 15, 2014
RE: C-2 Long-standing Business Recognition
At the January 21, 2014 Village Board meeting, Mayor Rosenthal and the Board of Trustees are recognizing retail and service businesses that have been operating in Deerfield’s C-2 Outlying Commercial District for at least 20 years under the same business name. In 2012, the Village recognized long-standing businesses that were operating in the Village Center. Now the Village is recognizing the long-standing businesses in the C-2 Outlying Commercial District. Twenty-nine (29) businesses meet the criteria for recognition. The business owners have been invited to attend the January 21 Board meeting to receive their plaque and enjoy a small reception.
The 29 long-standing businesses being recognized are (in alphabetical order):
Atta Orthodontics DDS Deerfield Animal Hospital Bed, Bath & Beyond Deerfield Tire Company Boston Blackie’s Restaurant Dr. Howard Baim BP Gas Station Doyle Optical Brunswick Zone Deerfield Tony’s Subs Burns Family Dentistry Lapp Chiropractic Calico Corners McDonald’s California Tan and Massage My Own Meals Carson’s Deerfield Office Max Charles Ifergan Salon & Day Spa Rainbow Cleaners Cooker’s Red Hots Ristorante Abruzzo Courtyard by Marriott Chicago Robert Marc Cosmetics Deerfield Shell Gas Station Deerbrook Jewel-Osco Whitehall of Deerfield Deerbrook Subway Zengeler Cleaners
January 6, 2014
The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Rosenthal in the Council Chambers of the Village Hall on January 6, 2014, at 7:30 p.m. The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Thomas Jester Robert Nadler William Seiden Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Walter Willis, Executive Director of SWALCO, led those in attendance in reciting the Pledge of Allegiance.
MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes from the December 16, 2013, Board of Trustees meeting. Trustee Farkas seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Farkas moved to approve the bills and payroll dated January 6, 2014. Trustee Nadler seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0)
TREASURER’S REPORT Village Treasurer Eric Burk presented highlights from the Treasurer’s Report representing seven months of the fiscal year. He noted there was nothing unexpected in the report. Sales tax is up and consistent with the same period last year. Water and sewer revenues decreased, as expected. Electric, utility and state income taxes were consistent. Building permits exceeded the budget. The Village made the debt service payment on December 1, 2013, made the contribution to the Police Pension Fund and the majority of the leaf collection fund was spent in November.
PUBLIC COMMENT
At the request of Mayor Rosenthal, Director of Public Works and Engineering Barbara Little indicated the latest winter storm resulted in 21 inches of snow. The department utilized numerous resources and man hours to ensure the roads were properly salted and plowed. She noted all of the available equipment was utilized. The Village will work to better clear the Board of Trustees Meeting January 6, 2014 Page 2 of 5 sidewalks when the weather warms slightly. Mayor Rosenthal thanked the Public Works department for their great work. Trustee Farkas noted a lot of the storm happened on the holiday and the staff went above and beyond in their response.
REPORTS
REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public OF THE BOARD OF ZONING Hearing on December 3, 2013, to consider the APPEALS RE: REQUEST FOR REAR request of Steve and Gail Lewis for a rear yard YARD SETBACK FOR 170 SEQUOIA setback for the property located at 170 Sequoia LANE Lane. The Board of Zoning Appeals voted 5-0 in favor of sending a favorable recommendation to the Board.
Trustee Struthers moved to accept the report and recommendation of Board of Zoning Appeals. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0)
REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on OF THE PLAN COMMISSION RE: December 12, 2013, to consider the request for a REQUEST FOR A TEXT AMENDMENT Text Amendment to article 5.02c2 for a 3,000 AND A SPECIAL USE FOR A DRY square foot green dry clean facility CLEANER TO BE ESTABLISHED AT and a Text Amendment to article 5.02- 190 N. WAUKEGAN ROAD (CD ONE b2, which requires all new dry cleaners in the C2 PRICE CLEANERS District to be green cleaners and Special Use for a dry cleaner to be established at 190 North Waukegan Road. The Plan Commission voted 5-0 in favor of sending a favorable recommendation to the Board.
Trustee Struthers noted green solvents have lower flash points than conventional solvents. She did not see an approval from the fire department stating the handling of these solvents is reasonable. Michael Corrao, CEO of CD One Price Cleaners, stated their methods use 1/3 of the conventional solvents. He noted they would have a fire inspector look at the solvents.
Trustee Nadler requested the Ordinance require the petitioner to maintain the level of insurance as described. Mr. Corrao indicated he would maintain that level of insurance.
Trustee Seiden moved to accept the report and recommendation of the Plan Commission. Trustee Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) Board of Trustees Meeting January 6, 2014 Page 3 of 5
CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINANCE APPROVING NAME An Ordinance approving the name change of Huehl CHANGE OF HUEHL ROAD TO Road to Embassy Way. First Reading. EMBASSY WAY – 1R Mayor Rosenthal indicated this would stand as a First Reading of the Ordinance.
NEW BUSINESS
PUBLIC HEARING SEEKING A Public Hearing seeking comment on advisability COMMENT ON ADVISABILITY OF of awarding a franchise to a private entity for the AWARDING A FRANCHISE TO A collection of waste from non-residential locations. PRIVATE ENTITY FOR THE COLLECTION OF WASTE FROM NON- Trustee Benton moved to open the Public Hearing. RESIDENTIAL LOCATIONS Trustee Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0)
Assistant to the Village Manager Andrew Lichterman stated that according to State statute, the Village needs to hold a Public Hearing prior to awarding a contract to a private entity for commercial waste collection. He indicated all notices were issued at least 30 days in advance of tonight’s meeting and if a contract is awarded, staff is recommending be Lake Shore Recycling Systems.
Mr. Lichterman highlighted key points in the contract. The contract duration would be five years, starting May 1, 2015. There would be no franchise fee and there would be an exemption process allowed. If approved, staff would bring an exemption process to the Board for consideration.
Mr. Lichterman indicated the hauler would bill businesses on a monthly basis. The customer service standards and dispute resolutions were covered in the contract. He stated businesses would not pay more than their current rate for the five years of the contract, subject to the CPI increase, which would be capped at 4 percent, and over 90% of the businesses will realize a significant cost savings. The contract stipulates the hauler will meet recycling benchmarks of 50 Board of Trustees Meeting January 6, 2014 Page 4 of 5 percent by 2016 and 70 percent by 2017. Mr. Lichterman indicated service level changes would be at no charge. He thanked SWALCO, Walter Willis, the DBR Chamber of Commerce and Lake Shore CEO Josh Connell for their hard work.
Trustee Struthers inquired about how many Deerfield businesses have attended hearings. Mr. Lichterman stated the Village has done everything possible to notify business owners, including working with the DBR Chamber of Commerce, hosting business open houses, working with a business steering committee to help draft the RFP, and other methods of outreach. He noted representatives from Lake Shore would meet with all 350 business accounts during the transition period, as well.
Trustee Nadler inquired if the contract could be cancelled before the expiration. Mr. Lichterman stated the contract has dispute reconciliation, but is not cancelable without cause. Trustee Nadler stated he favors negotiating a no-cause cancellation clause in the contract. Mr. Lichterman noted section 9.3 in the contract has customer service standards and 10.1 references a breach by the contractor.
Trustee Struthers noted having the CPI built into the contract means they can increase the price every year. Mr. Lichterman noted there is no fuel cost surchage. Mr. Coblentz noted this is how it was proposed to the potential field of bidders on the contract. Someone is making a substantial commitment to service the contract. Maybe the contractor is agreeable to a short term cancellation agreement. Mr. Lichterman noted Lakeshore will be making a large investment in containers/equipment.
Mr. Coblentz believes a cancellation clause could possibly be negotiated. Mr. Street questioned if the Village did cancel the contract, would they need to go through the entire process again, with a 15 month lead time for a new franchise. Mr. Willis stated that if the franchise was awarded, the Village would not have to go through the lead time again. He suggested working with Mr. Connell. Mr. Willis noted Highland Park and Highwood have franchise agreements with no service complaints.
Trustee Nadler asked about Lake Shore’s investment. Mr. Connell noted they would have a minimum investment of $1 million. They will need containers, recycling equipment and new compressed natural gas trucks. He noted they would be willing to negotiate if there was a trigger rather than an arbitrary cancellation. Mr. Lichterman noted that none of the other commercial franchises contain a no-cause cancellation clause.
Mayor Rosenthal asked for additional public comments and there were none.
Trustee Benton moved to close the Public Hearing. Trustee Struthers seconded the motion. The motion passed unanimously.
AUTHORIZATION TO PURCHASE Trustee Jester moved to authorize the purchase of BULK ROCK SALT FROM MORTON bulk rock salt from Morton Salt through the Illinois SALT THROUGH THE ILLINOIS Department of Central Management Services in an Board of Trustees Meeting January 6, 2014 Page 5 of 5
DEPARTMENT OF CENTRAL amount not to exceed $106,380. Trustee Struthers MANAGEMENT SERVICES seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0)
DISCUSSION
CELL PHONE ORDINANCE Trustee Struthers noted there is now a statewide law prohibiting the use of hand-held devices while driving. Mayor Rosenthal noted the Village will promote the new law as well as some of the other, new laws. She inquired if the Village has stickers if businesses do not want concealed weapons in their establishments. Chief Sliozis reported he will be meeting with Senator Morrison and local businesses in the near future.
NEXT MEETING Mr. Street noted the next Board of Trustees meeting would take place Tuesday, January 21, 2014, due to the Martin Luther King holiday.
ADJOURNMENT There being no further business or discussion, Trustee Farkas moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:15 p.m.
APPROVED:
Mayor
ATTEST:
Village Clerk
BILLS FOR THE JANUARY 21, 2014 VILLAGE BOARD MEETING January 21, 2014 Board Meeting
Vendor Invoice # Description Org Obj Total Invoice
1ST AYD CORPORATION 615612 TYVEK SHOE COVERS 502050 5421 111.23 1ST AYD CORPORATION 615613 SUPPLIES 702050 5470 162.17 1ST AYD CORPORATION 615994 ROCK SALT (196 50# BAGS) 102036 5422 1,191.54 1ST AYD CORPORATION 616958 ICE MELT/DISPOSABLE LATEX GLOVES 542052 5421 728.80 2,193.74
3M SS45584 STREET SIGN INVENTORY 222082 5990 69,740.00
ABRAMS, GREGORY AND DANA 382333/50701/1STHALF DEPOSIT REFUND - 1350 WARRINGTON 910000 2423 5,000.00 ABRAMS, GREGORY AND DANA 386185/50702 DEPOSIT REFUND - 1350 WARRINGTON 910000 2423 3,500.00 8,500.00
ACME BRICK & SUPPLY CO 664923 BRICK BOLLARDS 102037 5914 1,902.88 ALAN F. FRIEDMAN, PH.D. INC 123013 PSYCHOLOGICAL SCREENING 106010 5363 700.00 ALDRIDGE ELECTRIC INC 69818 JUNCTION BOX REPAIR 542052 5322 624.00 AMERICAN BACKFLOW PREVENTION INC 38616 ANNUAL BACKFLOW TEST - 2014 106010 5320 451.80 AMERICAN CHARGE SERVICE 3633010314 SENIOR TAXI SUBSIDY 101210 5384 410.00 AMERICAN SOCIETY FOR PUBLIC ADMIN 3735012114 2014 DUES - STREET 101210 5330 100.00 ANDERSON, JOHN AND KATIE P12245 REFUND DUPLICATE PURCHASE VEH STICKER 100001 4240 15.00 ASHLAND / HERCULES INC 130606617 POLYMER FOR CENTRIFUGE 542052 5422 6,457.80
ASR - KALE UNIFORMS I8029273 APPAREL: SLIOZIS 106010 5130 200.00 ASR - KALE UNIFORMS I8034399 APPAREL: GLOWACZ 106020 5130 242.00 ASR - KALE UNIFORMS I8034714 APPAREL: SLIOZIS 106010 5130 91.67 ASR - KALE UNIFORMS I8035418 BADGE: JONES 106034 5130 73.50 ASR - KALE UNIFORMS R4005634 APPAREL: SLIOZIS 106010 5130 (200.00) 407.17
AT&T 847734574501-010714 A/C 847 734-5745 913 1 010714-020614 176020 5550 337.62 AT&T 847734576501-010714 A/C 847 734-5765 442 6 010714-020614 176020 5550 1,889.91 2,227.53
ATLAS BUSINESS SOLUTIONS IVC079272 SCHEDULE ANYWHERE.COM SUBSCRIPTION 106010 5370 1,296.00 BARNES DISTRIBUTION 6140786001 SUPPLIES - GARAGE 702050 5410 229.24 BRANIFF COMMUNICATIONS INC 0027581 ESDA SIREN ANNUAL MAINT AGRMNT - 2014 106010 5322 2,163.00 BURNS & MCDONNELL 42352-14 DEERFIELD RD ROW IMP THRU 11/30/2013 222082 5362 7,934.00 BURRIS EQUIPMENT CO. WI27433 BACK PACK BLOWER 542052 5810 374.00 CACCIATORE, LOUIS 12310122713 REFUND MEDICAL INS PREMIUM OVRPMT 100000 2437 1,330.27
CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 101111 5540 673.27 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 101330 5540 280.53 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 102010 5540 141.08 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 102110 5540 428.03 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 106010 5550 785.48 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 502010 5540 735.31 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 542010 5540 59.32 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 542052 5540 531.71 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 602019 5320 22.41 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 702050 5540 11.22 CALL ONE 101061630000011514 HARDLINE TELECOM - JAN 14 930000 2150 5,763.79 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 101111 5540 679.49 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 101330 5540 283.12 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 102010 5540 141.70 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 102110 5540 430.62 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 106010 5550 792.74 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 502010 5540 701.50 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 542010 5540 59.52 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 542052 5540 498.10 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 602019 5320 22.72 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 702050 5540 11.32 CALL ONE 101061630000121513 HARDLINE TELECOM - DEC 13 930000 2150 5,444.69 18,497.67
CHANGE OF SPACE CUSTOM HOMES, INC 418634/51920 DEPOSIT REFUND - 875 MOUNTAIN DR 910000 2423 10,000.00 CHRISTOPHER B. BURKE ENGINEERING LTD 114329 DEERFIELD RD RECON/PH II/120113-123113 222082 5362 16,866.65
CINTAS 022682993 MATS - PW/ENG/TRAIN STATION 102010 5320 60.45 CINTAS 022682993 MATS - PW/ENG/TRAIN STATION 102038 5320 60.44 CINTAS 022682993 MATS - PW/ENG/TRAIN STATION 502010 5320 60.45 CINTAS 022682993 MATS - PW/ENG/TRAIN STATION 542010 5320 60.45 CINTAS 022682994 MATS - WRF 542052 5320 59.08 CINTAS 022682998 MATS - VH 101111 5320 43.74 CINTAS 022686119 MATS - VH 101111 5320 43.74 388.35
CITY OF HIGHLAND PARK 009155-123113 WATER PURCHASE - DEC 13 502031 5423 121,070.25 CITY OF HIGHLAND PARK 009530-123113 WATER PURCHASE - DEC 13 502031 5423 6,756.75 CITY OF HIGHLAND PARK 020587-123113 WATER PURCHASE - DEC 13 502031 5423 45,125.50 172,952.50
CLCJAWA 10789 WATER SAMPLE TESTING 502031 5365 315.00 CLCJAWA 10801 WATER SAMPLE TESTING 502031 5365 360.00 675.00
Page 1 of 5 January 21, 2014 Board Meeting
Vendor Invoice # Description Org Obj Total Invoice
COMED 0039019040-122713 A/C 0039019040 112213-122713 102050 5510 553.82 COMED 0210000007-123013 A/C 0210000007 112013-122113 542052 5510 26.13 COMED 0233100028-010614 A/C 0233100028 120313-010614 102050 5510 1,166.29 COMED 0297076067-123113 A/C 0297076067 112213-122713 542052 5510 108.59 COMED 0507100076-122713 A/C 0507100076 112213-122713 542052 5510 264.55 COMED 0603118092-123113 A/C 0603118092 112213-122713 542052 5510 25.47 COMED 0744127017-123013 A/C 0744127017 112113-122613 542052 5510 33.30 COMED 1398050042-010314 A/C 1398050042 112213-122713 102010 5510 429.77 COMED 1398050042-010314 A/C 1398050042 112213-122713 106010 5388 120.40 COMED 1398050042-010314 A/C 1398050042 112213-122713 602019 5510 278.75 COMED 1398050042-010314 A/C 1398050042 112213-122713 602038 5510 690.30 COMED 1695047076-010714 A/C 1695047076 120313-010614 102050 5510 231.83 COMED 2763162001-123113 A/C 2763162001 112213-122713 502031 5510 199.15 4,128.35
CONSTELLATION NEWENERGY INC 0012840191 CNE1-EL-4074/COMED0411051084/112013-122113 542052 5510 1,590.86 CONSTELLATION NEWENERGY INC 0012850178 CNE1-EL-3386/COMED3547124017/112113-122613 542052 5510 15,112.61 CONSTELLATION NEWENERGY INC 0012860852 CNE1-EL-4008/COMED0195097137/112213-122713 502031 5510 2,801.71 CONSTELLATION NEWENERGY INC 0012860870 CNE1-EL-4076/COMED0465035072/112213-122713 502031 5510 538.16 CONSTELLATION NEWENERGY INC 0012860916 CNE1-EL-3145/COMED0822171022/112213-122713 542052 5510 1,636.51 CONSTELLATION NEWENERGY INC 0012873513 CNE1-EL-4142/COMED0606055010/112213-122713 502031 5510 1,889.44 23,569.29
CONTINENTAL WEATHER SERVICE 13479 WEATHER FORECASTING - JAN 14 102050 5421 150.00
CORPORATE BUSINESS CARDS 193620 BUSINESS CARDS - HAMILTON 102010 5450 36.20 CORPORATE BUSINESS CARDS 195193 BUSINESS CARDS - GUCCIONE 102110 5335 36.17 72.37
CRAFTWOOD LUMBER CO. 176438 LUMBER 542031 5421 651.10 CRAFTWOOD LUMBER CO. 176521 NUTS/BOLTS/SCREWS 102050 5421 5.40 CRAFTWOOD LUMBER CO. 177195 SUPPLIES 102036 5421 79.16 CRAFTWOOD LUMBER CO. 177220 SUPPLIES 102036 5421 65.96 801.62
CRITICAL REACH, INC 14-135 BULLETIN SERVICE: 2014 106010 5370 395.00
CUTLER HARDWARE/WORKWARE 147134 APPAREL 102010 5130 104.39 CUTLER HARDWARE/WORKWARE 147134 APPAREL 542010 5130 122.39 226.78
DAVE'S NORTH SHORE TOWING INC 1872 TOWED VEHICLES 106034 5326 245.00 DAY, JEFFREY AND KERRI 398006 TREE MITIGATION REFUND - 1209 GORDON TERR 100001 4462 2,193.75 DEERFIELDS BAKERY 1605793 REFRESHMENTS FOR MOCK CALEA EVAL 106010 5460 34.01 DEHNE LAWN & LEISURE INC 100070 SNOWBLOWER PARTS 542052 5470 12.00 DISCOVERY BENEFITS 0000431888-IN FLEX BENEFITS ADMIN - DEC 13 101111 5365 245.00 ENGINEERED SERVICES INC 13247-1 CONTACTOR REPLACEMENT - WILMOT RD LIFT STN 542052 5322 1,980.00 FBI NATIONAL ACADEMY ASSOCIATES 25993-2014 DUES - WILK 106010 5330 95.00
FEDERAL EXPRESS CORP 2-499-96014-ENG MAILING - ENG 102110 5337 29.56 FEDERAL EXPRESS CORP 2-507-89224 MAILING - MAILING 542052 5335 33.72 63.28
FITZGERALD, DAVID 10424701062014 TRAVEL EXP REIMB - ILCMA CONFERENCE LODGING 101210 5331 203.84 FLOLO ELECTRIC CORP 091850 PREDICTIVE MAINT - NOV 13 502031 5322 350.00 GALLS, AN ARAMARK CO, LLC 001399208 APPAREL: MAZARIEGOS 106034 5130 56.97
GASAWAY DISTRIBUTORS, INC 1033027 CALCIUM CHLORIDE 102036 5422 2,324.70 GASAWAY DISTRIBUTORS, INC 1033062 CALCIUM CHLORIDE 102036 5422 2,456.16 4,780.86
GEWALT-HAMILTON ASSOCIATES INC 4382.010-4 BRIARWOOD VISTA/PH II/112513-122213 222082 5362 30,207.32
GHA TECHNOLOGIES, INC 807720 TONER 106010 5460 416.00 GHA TECHNOLOGIES, INC 814910 UPS BATTERIES 101111 5460 43.00 GHA TECHNOLOGIES, INC 814910 UPS BATTERIES 101330 5460 86.00 GHA TECHNOLOGIES, INC 814910 UPS BATTERIES 106010 5460 43.00 GHA TECHNOLOGIES, INC 815367 TONER - WRF 542052 5460 176.00 764.00
GLOWACZ, MARY ANNE K 04062014 TRAVEL ADVANCE - 9-1-1 CONFERENCE 106020 5211 433.60 GLOWACZ, MARY ANNE K 31640123013 REIMBURSEMENT - LADIES LUNCHEON 101210 5387 138.30 571.90
GOLDING, JENNIFER AND RYAN 341047/2ND DEPOSIT REFUND - 1444 WOODLAND 910000 2410 2,500.00
GRAINGER INC 9327265808 TIME CLOCK TABLE 102050 5421 281.48 GRAINGER INC 9328343877 FLOOR MAT 106010 5810 92.87 GRAINGER INC 9328343885 REPLACEMENT THERMOSTAT 542052 5470 105.62 479.97
HACH COMPANY 8617745 LAB CONSUMABLES 542052 5460 246.07
Page 2 of 5 January 21, 2014 Board Meeting
Vendor Invoice # Description Org Obj Total Invoice
HAVEY COMMUNICATIONS, INC 3198 SQUAD #6 SETUP 211150 5860 6,387.25 HAVEY COMMUNICATIONS, INC 3199 SQUAD #6 SETUP 211150 5860 1,850.00 8,237.25
HD SUPPLY WATERWORKS B866100 CLAMPS 502050 5421 3,055.90 HD SUPPLY WATERWORKS B869496 COUPLINGS 542031 5421 612.50 HD SUPPLY WATERWORKS B877167 CLAMPS 502050 5421 771.25 4,439.65
HIGHLAND PARK FORD 37450 VEHICLE MAINT 106034 5326 446.60
HOME DEPOT CREDIT SERVICES 2103931 HAND TORCHES/GLASS CLEANER 542052 5440 89.86 HOME DEPOT CREDIT SERVICES 6025135 HOSE REPAIR MATERIALS/HARDWARE 542052 5470 279.68 HOME DEPOT CREDIT SERVICES 6106191 SUPPLIES 542031 5460 348.07 HOME DEPOT CREDIT SERVICES 6108319 BATTERIES 542052 5470 24.18 741.79
HYDROAIRE INC 011213 WILMOT RD LIFT STATION PUMP REPAIRS 542052 5322 6,979.00
IDLEWOOD ELECTRIC SUPPLY INC 089569 EXHAUST FAN - TRAIN STATION 102038 5460 118.25 IDLEWOOD ELECTRIC SUPPLY INC 089747 FUSE 102050 5421 21.12 139.37
ILLINOIS DEPT OF AGRICULTURE 1034362013 PUBLIC APPLICATOR LICENSE 102010 5210 20.00 ILLINOIS GFOA 7027163 JOBLINE LISTING: ACCTG CLRK/PAYROLL SPECIALIST 101111 5336 250.00
INTERBAY ENTERPRISES, INC 140009 POSTAGE MACHINE SUPPLIES 101111 5337 8.64 INTERBAY ENTERPRISES, INC 140009 POSTAGE MACHINE SUPPLIES 101210 5337 8.64 INTERBAY ENTERPRISES, INC 140009 POSTAGE MACHINE SUPPLIES 101330 5337 8.64 INTERBAY ENTERPRISES, INC 140009 POSTAGE MACHINE SUPPLIES 102010 5337 8.64 INTERBAY ENTERPRISES, INC 140009 POSTAGE MACHINE SUPPLIES 106010 5337 11.51 INTERBAY ENTERPRISES, INC 140009 POSTAGE MACHINE SUPPLIES 502010 5337 5.76 INTERBAY ENTERPRISES, INC 140009 POSTAGE MACHINE SUPPLIES 542010 5337 5.74 57.57
INTERNATIONAL CODE COUNCIL, INC INV0366952 ICC TRAINING MATERIALS 101330 5212 133.00 INTERNATIONAL CODE COUNCIL, INC INV0368017 CODE ENFORCEMENT MATERIALS 101330 5212 30.00 163.00
IPELRA 011614 TRAINING REG: KEANE/WILK 106010 5212 110.00
KONICA MINOLTA BUSINESS SOLUTIONS 227228693 COPIER MAINT/ENG/DEC 13 102110 5450 71.27 KONICA MINOLTA BUSINESS SOLUTIONS 227229651 COPIER MAINT/POL ADMIN/092413-122613 106010 5322 48.29 KONICA MINOLTA BUSINESS SOLUTIONS 227229652 COPIER MAINT/CD/092413-122413 101330 5460 107.69 KONICA MINOLTA BUSINESS SOLUTIONS 227229653 COPIER MAINT/POL REC/092413-122513 106010 5322 348.35 KONICA MINOLTA BUSINESS SOLUTIONS 227229654 COPIER MAINT/FIN/092413-122513 101111 5460 484.90 1,060.50
KONKE ELECTRIC INC 1503 FLOOD LIGHTS FOR SALT BINS 502010 5320 1,472.00 KONKE ELECTRIC INC 1505 INSTALL FAN & 2 SWITCHES - TRN STN MEN'S BATHROOM 102038 5320 400.00 1,872.00
LAKE COUNTY JUVENILE OFFICERS ASSN 2014 ANNUAL DUES/2014: INVESTIGATIONS 106033 5330 50.00 LAKE COUNTY PARTNERS 10099012162013 LCP 2014 INVESTMENT 101210 5330 3,651.00 LAKE COUNTY TRANSPORTATION ALLIANCE 10347712022013 2014 MEMBERSHIP 101210 5330 750.00 LEE, JAE S. 394255/51206/1STHALF DEPOSIT REFUND - 1013 BROOKSIDE 910000 2423 5,000.00
MAG CONSTRUCTION 106-13 RIDGE BEAM SHORING - DEC 13 101330 5365 100.00 MAG CONSTRUCTION 111-13 INSTALL GRATES 502010 5320 9,000.00 MAG CONSTRUCTION 85-13 RIDGE BEAM SHORING: SEP 13 - OCT 13 101330 5365 200.00 MAG CONSTRUCTION 99-13 RIDGE BEAM SHORING - NOV 13 101330 5365 100.00 9,400.00
MCESSY INVESTMENT COMPANY 100113-113013 PRISONER MEALS: OCT 13 - NOV 13 106010 5460 71.78 MCHENRY ANALYTICAL WATER LABORATORY, INC 312972 INDEPENDENT LAB TESTING 542052 5365 213.30
MENONI & MOCOGNI, INC. 1067630 SAND 102050 5421 52.00 MENONI & MOCOGNI, INC. 1067818 SAND 102050 5421 49.40 MENONI & MOCOGNI, INC. 1071645 REBAR/CONCRETE BRICKS - MAG CONSTRUCTION 542031 5421 656.70 MENONI & MOCOGNI, INC. 1071881 REBAR/STAKES - MAG CONSTRCTION 542031 5421 703.90 MENONI & MOCOGNI, INC. 1072126 SEALER - MAG CONSTRUCTION 542031 5421 250.00 1,712.00
MID-STATES ORGANIZED CRIME 013023-19961 MEMBERSHIP DUES - 2014 106033 5330 200.00 MIDWEST METER INC 0051432-IN HANDHELD READER BATTERIES 502054 5810 507.25 MIDWEST TIME RECORDER INC 135702 TIME CLOCK SERVICE - DEC 13 102110 5365 157.40
Page 3 of 5 January 21, 2014 Board Meeting
Vendor Invoice # Description Org Obj Total Invoice
MORTON SALT INC 5400323638 BULK ROCK SALT 102036 5422 1,219.12 MORTON SALT INC 5400329552 BULK ROCK SALT 102036 5422 1,238.79 MORTON SALT INC 5400330051 BULK ROCK SALT 102036 5422 4,672.74 MORTON SALT INC 5400331455 BULK ROCK SALT 102036 5422 3,699.37 MORTON SALT INC 5400333228 BULK ROCK SALT 102036 5422 2,316.96 MORTON SALT INC 5400333229 BULK ROCK SALT 102036 5422 1,259.54 MORTON SALT INC 5400333230 BULK ROCK SALT 102036 5422 2,632.91 MORTON SALT INC 5400335293 BULK ROCK SALT 102036 5422 3,970.63 MORTON SALT INC 5400336572 BULK ROCK SALT 102036 5422 2,444.61 MORTON SALT INC 5400336573 BULK ROCK SALT 102036 5422 3,778.08 MORTON SALT INC 5400336574 BULK ROCK SALT 102036 5422 1,377.08 MORTON SALT INC 5400336576 BULK ROCK SALT 102036 5422 5,500.38 34,110.21
MURRIN, MICHAEL DEC13 PLUMBING INSPECTIONS - DEC 13 101330 5365 2,210.00
NAT'L PUBLIC EMPLYR LABOR RELATIONS ASSN LICHTERMAN34409-2014 2014 MEMBERSHIP RENEWAL - A. LICHTERMAN 101210 5330 205.00 NAT'L PUBLIC EMPLYR LABOR RELATIONS ASSN STREET27825-2014 2014 DUES - STREET 101210 5330 205.00 410.00
NENA 300013354 DUES: GLOWACZ 106020 5330 137.00 NORTH AMERICAN INSURANCE 61200-12262013 VOL LIFE INS PREMIUM - FEB 13 100000 2431 14.16 NORTH CENTRAL LABORATORIES 332043 LAB CONSUMABLES 542052 5460 205.02 ORR & ORR INC 866824 PARTS STOCK - GARAGE 702050 5470 453.14 OSCARSON, ERIC 103464-12302013 TUITION REIMBURSEMENT 102010 5122 1,200.00 P F PETTIBONE & CO PRINTERS 29479 CITATION SITCKERS/FINE CHANGE 106010 5335 53.45
PETTY CASH - ADMIN 70265-01082014-FY13A RECONCILE & REPLENISH PETTY CASH 101111 5213 2.00 PETTY CASH - ADMIN 70265-01082014-FY13A RECONCILE & REPLENISH PETTY CASH 102036 5460 35.10 PETTY CASH - ADMIN 70265-01082014-FY13A RECONCILE & REPLENISH PETTY CASH 102110 5410 35.00 PETTY CASH - ADMIN 70265-01082014-FY13A RECONCILE & REPLENISH PETTY CASH 502010 5210 5.00 PETTY CASH - ADMIN 70265-01082014-FY13A RECONCILE & REPLENISH PETTY CASH 502050 5410 70.07 PETTY CASH - ADMIN 70265-01082014-FY13A RECONCILE & REPLENISH PETTY CASH 542051 5410 54.00 PETTY CASH - ADMIN 70265-01082014-FY13A RECONCILE & REPLENISH PETTY CASH 702050 5210 5.00 PETTY CASH - ADMIN 70265-01082014-FY14 RECONCILE & REPLENISH PETTY CASH 101111 5213 1.00 PETTY CASH - ADMIN 70265-01082014-FY14 RECONCILE & REPLENISH PETTY CASH 101111 5410 26.40 PETTY CASH - ADMIN 70265-01082014-FY14 RECONCILE & REPLENISH PETTY CASH 101210 5410 10.00 PETTY CASH - ADMIN 70265-01082014-FY14 RECONCILE & REPLENISH PETTY CASH 102036 5460 321.30 564.87
POMP'S TIRE SERVICE INC 290029855 TIRES - U-6/U-5 702050 5470 1,045.80 POMP'S TIRE SERVICE INC 290029932 SNOW TIRES - NEW SQUADS CARS 106034 5326 1,453.20 2,499.00
PORTER LEE CORP 13742 ANNUAL SUPPORT FEE - 2014 106010 5370 766.00
PRECISION SERVICE & PARTS INC 30GB9048 TRUCK BATTERY 702050 5470 461.64 PRECISION SERVICE & PARTS INC 30GC2519 GENERATOR STOCK - SMALL TRUCKS 702050 5470 303.41 765.05
REDROCK CONSTRUCTION INC 407043/51379 DEPOSIT REFUND - 1403 WOODLAND 910000 2423 10,000.00 RONDOUT SERVICE CENTER 8281 SAFETY LANE TEST - #801 702050 5470 23.50
SAF-T-GARD INTERNATIONAL INC 1588380-00 CREDIT MEMO - OVERCHARGE ON RAIN JACKETS 102010 5130 (37.18) SAF-T-GARD INTERNATIONAL INC 1588381-00 RAIN JACKET 102010 5130 96.18 59.00
SCIARRETTA ENTERPRISES, INC 13-179575 SALT STEPS - TRAIN STATION 102036 5390 277.50 SCIARRETTA ENTERPRISES, INC 13-179605 SNOW AND ICE REMOVAL 102036 5390 214.50 SCIARRETTA ENTERPRISES, INC 13-179605 SNOW AND ICE REMOVAL 602019 5390 858.00 SCIARRETTA ENTERPRISES, INC 13-179640 SNOW AND ICE REMOVAL 102036 5390 119.00 SCIARRETTA ENTERPRISES, INC 13-179640 SNOW AND ICE REMOVAL 602019 5390 476.00 SCIARRETTA ENTERPRISES, INC 13-179678 SNOW AND ICE REMOVAL 102036 5390 244.00 SCIARRETTA ENTERPRISES, INC 13-179678 SNOW AND ICE REMOVAL 602019 5390 976.00 SCIARRETTA ENTERPRISES, INC 13-179706 SNOW AND ICE REMOVAL 102036 5390 96.00 SCIARRETTA ENTERPRISES, INC 13-179706 SNOW AND ICE REMOVAL 602019 5390 384.00 SCIARRETTA ENTERPRISES, INC 13-179726 SNOW AND ICE REMOVAL 102036 5390 200.00 SCIARRETTA ENTERPRISES, INC 13-179726 SNOW AND ICE REMOVAL 602019 5390 800.00 SCIARRETTA ENTERPRISES, INC 13-179779 SNOW AND ICE REMOVAL 102036 5390 76.50 SCIARRETTA ENTERPRISES, INC 13-179779 SNOW AND ICE REMOVAL 602019 5390 306.00 SCIARRETTA ENTERPRISES, INC 13-179781 SNOW AND ICE REMOVAL 102036 5390 313.00 SCIARRETTA ENTERPRISES, INC 13-179781 SNOW AND ICE REMOVAL 602019 5390 1,252.00 SCIARRETTA ENTERPRISES, INC 13-179786 SNOW AND ICE REMOVAL 102036 5390 200.00 SCIARRETTA ENTERPRISES, INC 13-179786 SNOW AND ICE REMOVAL 602019 5390 800.00 SCIARRETTA ENTERPRISES, INC 13-179787 SNOW AND ICE REMOVAL 102036 5390 200.00 SCIARRETTA ENTERPRISES, INC 13-179787 SNOW AND ICE REMOVAL 602019 5390 800.00 SCIARRETTA ENTERPRISES, INC 13-179819 SNOW AND ICE REMOVAL 102036 5390 53.25 SCIARRETTA ENTERPRISES, INC 13-179819 SNOW AND ICE REMOVAL 602019 5390 213.00 SCIARRETTA ENTERPRISES, INC 13-179844 SNOW AND ICE REMOVAL 102036 5390 94.75 SCIARRETTA ENTERPRISES, INC 13-179844 SNOW AND ICE REMOVAL 602019 5390 379.00 SCIARRETTA ENTERPRISES, INC 13-181891 PAINTING - MITCHELL PARK PIPES 502031 5320 1,520.00 10,852.50
Page 4 of 5 January 21, 2014 Board Meeting
Vendor Invoice # Description Org Obj Total Invoice
SHAFFER, MARTIN 360483 DEPOSIT REFUND - 99 EVERGREEN 910000 2423 15,730.00 SHEAR, TORIN 408656/51378/1ST DEPOSIT REFUND - 1403 WOODLAND 910000 2423 15,250.00 SHUTAN, GARY AND AMY 426836 TREE MITIGATION REFUND - 1248 SOMERSET 100001 4462 250.00 STERLING CODIFIERS INC 14484 2014 HOSTING FEE - MUNICIPAL CODE 101210 5335 500.00 SWAGIT PRODUCTIONS LLC 4183 VIDEO STREAMING SERVICES - DEC 13 101210 5364 645.00 THELEN MATERIALS LLC 304842 CLEAN FILL DUMP/CHIPS 502050 5421 2,682.40
THOMPSON ELEVATOR INSPECTION SRVC, INC 13-4052 ELEVATOR INSPECTIONS 101330 5365 774.00 THOMPSON ELEVATOR INSPECTION SRVC, INC 13-4174 ELEVATOR INSPECTIONS 101330 5365 43.00 THOMPSON ELEVATOR INSPECTION SRVC, INC 14-0045 ELEVATOR INSPECTIONS 101330 5365 301.00 1,118.00
TRAFFIC AND PARKING CONTROL I441854 TOOL STATION 102050 5430 19.11 TRAFFIC AND PARKING CONTROL I442302 SIGN MATERIAL 102050 5430 1,456.16 1,475.27
TYCO INTEGRATED SECURITY LLC 20411890 PW BUILDING ALARM REPAIR 502010 5320 290.00
TYLER TECHNOLOGIES, INC. / MUNIS 045-101265 MUNIS INVENTORY MODULE 102010 5370 146.86 TYLER TECHNOLOGIES, INC. / MUNIS 045-101265 MUNIS INVENTORY MODULE 102110 5370 146.88 TYLER TECHNOLOGIES, INC. / MUNIS 045-101265 MUNIS INVENTORY MODULE 502010 5370 146.88 TYLER TECHNOLOGIES, INC. / MUNIS 045-101265 MUNIS INVENTORY MODULE 542010 5370 146.88 TYLER TECHNOLOGIES, INC. / MUNIS 045-101637 MUNIS INVENTORY MODULE 102010 5370 600.00 TYLER TECHNOLOGIES, INC. / MUNIS 045-101637 MUNIS INVENTORY MODULE 102110 5370 600.00 TYLER TECHNOLOGIES, INC. / MUNIS 045-101637 MUNIS INVENTORY MODULE 502010 5370 600.00 TYLER TECHNOLOGIES, INC. / MUNIS 045-101637 MUNIS INVENTORY MODULE 542010 5370 600.00 2,987.50
U.S. IDENTIFICATION MANUAL 181761 SUBSCRIPTION - UPDATE SRVC THRU MAR 15 106010 5213 82.50 VERIZON WIRELESS 9716462865 SCADA CELLULAR SERVICE - DEC 13 542052 5540 240.08 WALGREEN NATIONAL CORP OCT13 SALES TAX REBATE - OCT 13 SALES 101111 5395 323,084.20
WAREHOUSE DIRECT OFFICE PRODUCTS 2170159-0 OFFICE SUPPLIES 106010 5450 155.94 WAREHOUSE DIRECT OFFICE PRODUCTS 2183590-0 OFFICE SUPPLIES 106010 5450 90.53 WAREHOUSE DIRECT OFFICE PRODUCTS 2186282-0 OFFICE SUPPLIES 106010 5450 51.91 298.38
WASTE MANAGEMENT 5064944-2008-2 COMMERCIAL SERVICE - DEC 13 582030 5391 261.00 WASTE MANAGEMENT 5064945-2008-9 COMMERCIAL SERVICE - DEC 13 582030 5391 580.00 WASTE MANAGEMENT 5064946-2008-7 COMMERCIAL SERVICE - DEC 13 582030 5391 2,291.00 WASTE MANAGEMENT 5064947-2008-5 COMMERCIAL SERVICE - DEC 13 582030 5391 456.75 WASTE MANAGEMENT 5074110-2008-8 RESIDENTIAL SERVICES - DEC 13 582030 5391 94,112.26 WASTE MANAGEMENT 5074111-2008-6 COMMERCIAL SERVICE - DEC 13 582030 5391 255.20 WASTE MANAGEMENT 5074112-2008-4 COMMERCIAL SERVICE - DEC 13 582030 5391 1,084.60 99,040.81
WATCHGUARD VIDEO 4BOINV0000003 VEHICLE EQUIPMENT 211150 5860 515.00 WESSEL, HANS OR BARBARA 434490 TREE APPLICATION REFUND 100001 4232 75.00 WEST SIDE EXCHANGE W23578 BACK HOE BUCKET TEETH 702050 5470 49.20 WINER & WINER DEC13 PROSECUTION SERVICES - DEC 13 106010 5361 4,275.00
Total Invoices $ 979,949.68
Grand Total $ 979,949.68
Page 5 of 5 To the Finance Director:
The payment of the above listed accounts has been approved by the Board of Trustees at their meeting held on January 21, 2014 and you are hereby authorized to pay them from the appropriate funds.
(Treasurer) Report on Departmental Objectives January 21, 2014 Page 1
Public Works and Engineering
To: Mayor and Board of Trustees
From: Barbara K. Little, Director of Public Works & Engineering
Date: January 21, 2014
Subject: Report on Departmental Objectives – Director of Public Works and Engineering
Objectives of the Engineering and Public Works Departments were published in the Village of Deerfield Year 2014 Budget and are listed below along with their status. Additional items are also detailed.
ENGINEERING DEPARTMENT
Define and supervise Village construction projects – The Engineering Department provides technical design services and oversight for Village construction projects, reviews development plans to assure compliance with Village ordinances, and advises the Mayor and Board, as well as other departments on engineering matters. The department is supervised by the Director of Public Works and Engineering and staffed by one Assistant Director of Public Works and Engineering, and a Project Manager. The Department continues to maintain a conservative fiscal approach to departmental expenditures without compromising necessary departmental operations.
Continue to upgrade and structure engineering and public works data keeping, data organization, and data relationships – As part of the single-family development permit application procedure, the Engineering Department continues to improve its interdepartmental coordination and record keeping for each project. The Department continues to refine the tracking system for tree removal permit applications as well as street and parkway opening permits and deposits. The Engineering Department continues to scan historical engineering plans and specifications, in order to store information in a digital format. The digital data is now stored on the Village server for all staff to access. The majority of capital project records as well as approximately 40% of all residential permit information has been converted to digital format.
Continue to manage and oversee the Geographic Information System (GIS) – Engineering Department personnel work with GIS staff on this ongoing program. In 2009 the Department began to refine the mapping system with respect to public utilities that cross private property. The Department will continue to refine the mapping system with the help of Public Works personnel to ensure the accuracy of the GIS maps. A new staff member, from Municipal GIS Partners, Inc. (MGP), has been assigned to the Village to continue our efforts. The new staff member will continue to work with departmental staff with respect to water, sewer, and tree inventories to ensure completeness. Report on Departmental Objectives January 21, 2014 Page 2
Continue to review commercial and residential development plans with respect to drainage and grading impacts – The Assistant Director of Public Works and Engineering and the Project Manager continue to review all proposed single-family and commercial property projects with respect to grading, drainage, and utilities as appropriate, though inspections during the Capital Improvement construction season are primarily conducted by the building department as part of their inspection program. The approximate turnaround time for residential reviews is no more than three weeks for single-family home. Review, evaluate, and approve applications relative to the Village Tree Ordinance – The Department reviews all proposed development plans that require tree removal as well as all applications for ad hoc tree removal. Urban Forest Management reviews most of the tree removal applications and performs site investigations on a weekly basis. Since 2012 department staff has managed the tracking and removal of Emerald Ash Borer (EAB) infested trees.
Continue to pursue IEPA and other outside funding sources for projects – The Department continues to research and pursue funding sources such as low interest loans and grants from the IEPA, CMAP, ITEP, and Lake County Division of Transportation, as well as other grant opportunities. The Department has received partial funding for several projects that are in varying stages of progress, including: Deerfield Road Sidewalk, 2014 Street Rehabilitation, and the Deerfield Road Reconstruction Project.
MUNIS Inventory System- The Department of Public Works and Engineering is in the process of implementing the MUNIS Inventory Module. All equipment and material with respect to Department operations will be tracked and accounted for using this software.
Time Keeping System- The Department of Public Works and Engineering has implemented a new time recording system. This new system utilizes a hand reading device in the place of a “punch” type time card. The new system tracks all hourly employees time and codes it to the correct account. The system also allows Union employees to request time off, view their current and past time cards, and track their accruals for time off. This system will significantly reduce the amount of time spent on the payroll process.
Fire and Safety Audit- The Department of Public Works and Engineering working with the Deerfield/Bannockburn Fire Department completed a Fire and Safety Audit for all Village-owned facilities including all satellite facilities. Any deficiencies within the buildings have been addressed and all buildings are compliant with fire and safety standards.
Capacity Report for Storm/Sanitary Facilities- The Department of Public Works and Engineering completed a study of the storm and sanitary water lift stations through the Village. This report explains the locations, storage capacity, and pumping capacity of the stations.
Backflow Tracking Program- Initiated a backflow tracking program. The new program will track all backflow assemblies within the Village of Deerfield water system. Backflow prevention is important to insure that contaminants do not make their way into the water system. Report on Departmental Objectives January 21, 2014 Page 3
STATUS OF MAJOR PROJECTS:
Street Rehabilitation Project – The scope of the Street Rehabilitation Project is to reconstruct or rehabilitate portions of the existing Village owned roadway network and utilities. The 2013 project was awarded in June, was complete in November, and focused on the rehabilitation of seven streets and minor roadway patching of critical areas. The streets that were completed this year include Bayberry Lane, Timberhill Road, Carriage Way, Springfield Avenue, Bent Creek Ridge, Cherry Street, and Hackberry Road.
Lake Cook Road Reconstruction– The Lake Cook Road Reconstruction and Widening Project was spearheaded by the Cook County Division of Transportation and Highways (CCDOTH). In 2013, the County constructed the second part of two individual projects, the first part was completed during the 2010 construction season. The scope of work for the 2013 project was to widen and reconstruct Lake Cook Road between Deerlake Road and Ellendale Road, rehabilitate Lake Cook Road between Ellendale Road and the east limit of the Village, rehabilitate Waukegan Road between Chestnut Street (Glenbrook Countryside entrance-unincorporated Cook County) and the Cadwell’s Corner’s intersection. As part of this project the Village, through the CCDOTH contract, was required to install new (replacement) water main, sidewalk along the north and south sides of Lake Cook Road, sidewalk along the east side of Waukegan Road, landscaped medians throughout (sidewalk and landscaping is a 50/50 cost share with the CCHD), and perform point repairs on sanitary sewer mains. The project began in April and was complete in September. To help facilitate the project the Engineering Department assigned an in-house project liaison to assist with notifying the public. The Engineering Department, with help from the CCDOTH, A- Lamp, and the Administration Department, coordinated two well attended public meetings to better inform the public. A project specific website was also created in-house which served as an information dash- board and an additional means of notifying the public. The website, www.Lakecookroad.com, will be dismantled by the end of the calendar year.
Deerfield Road Reconstruction Project- In September of 2012, the Village of Deerfield awarded a Phase II Engineering Services contract to Christopher B. Burke Engineering, Ltd. The scope of work for the project is expected to be the major rehabilitation of the roadway, traffic signals, sewers, water main, and sidewalks. The Department has requested the Lake County Division of Transportation participation in funding the construction and construction engineering portions of the work. Staff is coordinating with the City of Highland Park, since part of the project will occur within their jurisdiction. The Phase II portion of the work is expected to be complete by June of 2014. Staff has followed the Qualifications Based Selection (QBS) process, as required by the Federal Highway Administration, for selection of the professional engineering firm that will perform Phase III, Construction Engineering Services, portion of the work. That Consultant has been selected and will likely begin their work in late 2014, following IDOT and Village Board approval. The project is scheduled for an IDOT letting in November of 2014, allowing for construction to begin in early 2015. Utility work, by North Shore Gas, Commonwealth Edison, and AT&T, will precede the construction project during the 2014 season.
Heather Road/Lake Eleanor Drive Infrastructure Rehabilitation Project- After a March 15, 2013, bid opening, the Village awarded the construction contract for the Heather Road/Lake Eleanor Drive Infrastructure Rehabilitation Project. Out of thirteen bidders, A-Lamp Concrete Contractors, Inc. was the Report on Departmental Objectives January 21, 2014 Page 4
low bidder with a bid price of $1,376,622, the highest being $1,722,990. The work began in April of 2013 and was complete by the end of June. Work items included the complete replacement of the water main and existing roadway.
Briarwood Vista Infrastructure Rehabilitation Project – In August of 2013, the Department awarded the Phase II, design engineering, contract to Gewalt Hamilton Associates (GHA). GHA has completed their surveying work and have begun to prepare contract documents. The Briarwood Vista subdivision regularly experiences water main breaks, and as a result has suffered significant degradation of roads. The scope of work for the project will be replacement of underground utilities and complete roadway removal and replacement. The project includes all streets and cul-de-sacs within the Briarwood Vista subdivision: Greenbriar Drive east/west, Larkdale Road east/west, Mulberry Road east/west, Ellendale Road , Evergreen Court, Hyacinth Lane (within Village ROW), Eastwood Drive, Carlisle Avenue, Ferndale Road, River Road, Crestview Drive, and Gladys Court. The project is targeted to begin construction in early 2015, and will span two construction seasons, ending in the fall of 2016.
Sidewalk Improvements / South Side of Deerfield Road (Rosemary Terrace to Carlisle Avenue) – The scope of this project will include reconstruction of the existing sidewalk in an effort to provide safer passage for pedestrians. The design will provide a four-foot buffer zone between vehicular and pedestrian traffic. Additional Federal funding has been secured to cover 80% of the cost of right-of-way acquisition documentation and negotiation. The consulting engineer is currently in the process of land acquisition. Construction is expected to take place as part of the Deerfield Road reconstruction project in 2015
Richfield Water Pumping Station Pump Replacement – In early 2013 the Village awarded a contract for the installation of a replacement pump, and a new variable frequency drive unit, at the Richfield Water Pumping Station. The new pump has the capacity to pump 5 million gallons per day (MGD). The work will be complete by the end of the calendar year. In addition to the replacement of the above mentioned pump, which was a planned improvement, a second pump has been replaced at this facility. The second pump failed in June of 2013, and has been replaced on an emergency basis.
STREET DEPARTMENT
The primary and continuing goals of the Street Department are as follows: To keep the streets clean – The Village takes care of 67 centerline miles of streets. Every street is swept at least once each month during the sweeping season (spring, summer, and fall). The Central Business District is swept two to three times a week. 1000 miles of streets have been swept and 300 cubic yards of debris have been removed.
To keep the streets cleared of snow and ice – The Street Department has calibrated the 4 main salt trucks to utilize the equipment as efficiently as possible, and to reduce the amount of chemicals being put into the environment. All snow equipment has been inspected and is ready for Snow and Ice season.
Report on Departmental Objectives January 21, 2014 Page 5
Salt Purchasing Update –We currently have 1500 tons of salt in storage and are obligated to purchase an additional 3000 tons of salt through the State Bid. The purchase price this year was $53.19 per ton compared to last year’s price of $54.28 per ton.
To keep the streets in good condition by repairing cracks and potholes – This year we were able to improve multiple street locations due to the decent weather. We placed 65 tons of asphalt in multiple locations around town including some repairs to the Public Works yard. We replaced 139 cubic yards of concrete in various locations around the Village. We also used 260 tons of Universal Pavement Material (UPM) to fill potholes around town.
To keep all pavement marking lines visible throughout the Village – Approximately 12,949 lineal feet of thermoplastic pavement markings were renewed at various locations throughout the Village as part of the Street Rehabilitation Program. This year the replacement striping focused around schools, the downtown, and Waukegan Road.
To install and maintain street signs so they are legible under all weather conditions – The Department continues to replace older road signs with the new high visibility signs per Federal Highway Administration Retro reflectivity guidelines. While employing the new 3M Road Management Services software the department has replaced 151 street signs.
To replace all broken grates, covers and manhole frames – Broken grates are replaced on an as-needed basis.
To plant parkway trees with homeowners sharing half the cost – Homeowners have the opportunity to participate in a 50/50 cost share program to plant parkway trees planted in the fall by Village personnel. The trees are purchased through the Suburban Tree Consortium which enables the Village to obtain high quality trees at competitive pricing. A total of 138 trees were planted this year. 12 trees were through the 50/50 program, and 126 were planted through the ash tree replacement program.
To maintain and repair the interior of the railroad station – Maintenance is performed daily, primarily by the Village Hall custodian. Repairs are made as needed by the Street Department.
To cut weeds and grass on Village-owned property – Grass is cut as needed. High visibility areas are maintained by Moore Landscapes. Street department mows 15 various locations around town. Four Street Division employees have renewed their Commercial Applicators License through the Illinois Department of Agriculture. They have been trained for the proper handling and application of herbicides.
To maintain trees in Village right-of-way – The Street Department trims and removes public trees throughout the year. The Village has been removing ash trees based on classification (1 best - 6 worse). Starting with the worst condition ash tree, the Street Division has been steadily removing ash trees and has currently removed 282 this year. This brings the total to 639 of 1321 trees. All trees categorized as a 4, 5 or 6 have been removed. Over 90% of all trees removed have confirmed cases of EAB. We will reassess the ash trees with a rating of 3 in the spring of 2014. Trees that have declined in condition will be removed.
Report on Departmental Objectives January 21, 2014 Page 6
To maintain adequate supplies of gasoline and diesel fuel and to keep the equipment in good working order - Gasoline and diesel fuel is purchased as needed by using the lowest of three quotes including the State’s low bid supplier. Fuel is charged to expenditures of specific departments according to usage. Fuel is also supplied at cost to the Deerfield Library, Deerfield Park District, School District #109 and West Deerfield Township.
WATER DEPARTMENT
The primary and continuing goals of the Water Department are as follows:
To provide fresh and safe potable water to Village residents by continuously monitoring and testing the water and implementing EPA regulations – Since January 1, 2013, they have taken over 240 bacteriological samples, completed four rounds of trihalomethane and HAAS samples, and continue to monitor for chlorine residuals, phosphorus, pH and turbidities.
To maintain, repair and replace water main, water services and fire hydrants as needed and to upgrade and improve the distribution system – The Water Department has responded to and repaired 108 water main breaks since January 1, 2013 as compared to 78 in 2012 for this same period. 5 fire hydrants were identified for replacement this year of which 3 have been completed. The 2013 leak survey was performed on the entire 80 mile water main system this summer to identify leaks. 51 leaks were detected, with 36 of these being fire hydrants, the majority of which have been stopped by tightening down the operating valve. The rest are small leaks, most of which have been repaired.
To maintain an elevated tank, thirteen water pumps, three underground reservoirs and a booster station with a system capacity of over six million gallons. This includes all controls for monitoring the system – We have replaced the existing 5 MGD pump at Richfield reservoir with a new unit as the current one was worn beyond what would be cost effective to repair it. In addition, we have completed installation of the new, 5 MGD system replicating the existing one so we have two 5 MGD VFD systems for much greater reliability from this water source.
To install, repair, replace and test all water meters and take meter readings of all residential and commercial establishments within the Village –27,132 meters have been read since January 1, 2013. The Orion meter replacement program is continuing with 511 new meters installed so far this year. Shawn Spalding and Jason Ostman, our two meter readers, have been transferred to the Sewer Department and replaced with two new employees, Adam Calistri and Michael Pasiewicz.
Assist the Engineering Department as needed –The Water Department has assisted with the Heather Road, Lake Eleanor Drive and Lake Cook Road water main replacement projects. The Water Department Supervisor has also been involved in various meetings and decisions regarding present and future system changes, upgrades, and improvements. Assistance was also provided during the 2013 Street Rehabilitation Program.
Flush all fire hydrants in the distribution system – 862 hydrants in the system were inspected and flushed in April 2013. Repairs have been made to 17 hydrants.
Report on Departmental Objectives January 21, 2014 Page 7
Additional Responsibilities and Duties – In addition to the above, the Water Department has responded to 3 animal calls, repaired 38 B-Boxes, performed 188 “checks for leaks”, completed 477 final readings, delivered 419 shut off notices, completed 65 water shut offs, executed 275 JULIE locate requests, placed 170 cubic yards of dirt, assisted in the placement of 153 tons of blacktop, and poured 50 yards of concrete for restoration.
Assistance with Special Events – The Water Department also provides assistance for the SWALCO Electronics Collections, Festival of Fine Arts, Farmer’s Market, and Family Days/Fourth of July events.
WATER RECLAMATION FACILITY (WRF)
Maintain and Operate the WRF and the Seven Satellite Pumping Facilities – The Wastewater Division maintains and operates the WRF and the seven satellite pumping facilities. Staff within this division quantify and order material and parts necessary to maintain operations, and often make in-house repairs on facilities and equipment. The Wastewater Superintendent forecasts and budgets for capital expenditures with respect to all eight facilities. The department is overseen by the Assistant Director of Public Works and Engineering, and staffed by the WRF Superintendent and six additional WRF personnel. Two WRF employees retired in 2013, and one was hired as a replacement for the Superintendent, resulting in a net reduction in staff.
STATUS OF MAJOR PROJECTS:
WRF Construction - The WRF construction has been completed and the final pay request has been submitted. The staff is running the facility as designed and continuing to fine tune the new process. The centrifuge has been consistently producing 20% dry cake solids. The dry fog deodorant has been used as needed when transporting or loading the biosolids, while the cherry deodorizer has been run throughout the summer months.
The Village has been awarded the Lake County Contractor’s “APEX” award for project excellence. This is presented to the Village of Deerfield in recognition of your spirit of cooperation that resulted in the successful completion of this project. Thank you from the Lake County Contractor’s Association and its members who participated on the project and benefited from your leadership.
Automatic Power Transfer Switch Installation (W.R.F. to Deerfield Rd. Station)-This project allows for the generator power transfer switch from the W.R.F. to be reused at the Deerfield Road Lift/Storm Station. The $40,000 cost savings is significant by reusing this equipment instead of purchasing new. This project was completed in May.
Pfingsten Road Sewage Lift Station Upgrade-The goal of this project is to upgrade the station’s electrical service, install upgraded submersible pumps (chopper pumps), controls and replace old valves. This is in response to plugging at the station with the existing pumps. Engineering was completed by LinTech Engineering in April of 2012. The project was started in May 2013 by Mark Kresmery Construction and was completed in August of 2013.
Report on Departmental Objectives January 21, 2014 Page 8
Warwick Road Pump Replacement and Piping Modifications-This project is to replace the existing dewatering pumps (original to the station), pump railings, valves, and check valves. Early this year staff requested proposals from four qualified mechanical/plumbing contractors to complete the work. The project was awarded Illinois Pump, Inc. and was completed in April of 2013.
East Sanitary Pumping Station Pump Investigations- The purpose of this investigation is to determine the cause to the cavitation found on all of the impellers of the lift station pumps. The pump manufacturer (WILO USA) and the manufacturer’s representative (HydroAire) have been working with the Village to determine the cause of this issue. It was concluded that the issue stemmed from the operation of all 3 pumps under wet weather conditions. This was rectified by adjusting the level controller, back up floats and number of pumps available. Once that issue was resolved it was discovered that pump capacity was lower than expected. The Village then contracted the services of Burns & McDonnell to investigate. The subsequent report determined that the pump design was correct and recommended that the forcemain should be inspected and possibly cleaned.
29A Reservoir Landscape/Roadway Maintenance- Staff facilitates the maintenance of this facility. Weeding, mowing, and roadway repairs are performed as needed.
Bio-Solids Land Application Program, 2013 - The goal of this project is to remove the treatment plant’s stockpiled sludge and land apply it on farmer’s fields as a beneficial reuse. The spring hauling was completed by Stewart Spreading in May. A new 3 year contract was awarded to Synago this year. They completed the fall sludge haul the week of Thanksgiving, repurposing 960 cubic yards of biosolids as fertilizer on agricultural fields.
Wilmot Road Cable Replacement Project- The two larger submersible pumps at this lift station require replacement of the power cables due the coating material failing. These pumps were originally installed in 1989 and this cabling has performed beyond its expected life. This work was completed in 2013.
Lift Station Pump Preventative Maintenance & Repair Program – The goal of this program is inspect and repair pumps at our remote facilities to prevent service outages and premature failures. This does not include regular maintenance done by our staff. The two larger submersible pumps at the Wilmot lift station were inspected and repaired in November and December after the Cable Replacement Project. Both pumps have had no major maintenance done over their 25 year life span.
SEWER DEPARTMENT
The primary and continuing goals of the Sewer Department are as follows:
To maintain, clean, and repair the sanitary and storm sewer systems and be able to respond effectively and efficiently to emergency situations. Sewer Department has replaced 110 sanitary covers, 5 sanitary manholes, dye tested 25 cross connections, cleaned 45,000 linear feet of storm and sanitary. All totaled, the Village maintains 70 miles of sanitary sewer and 60 miles of storm sewer. Working in conjunction with the water and street departments, public works has placed 250 tons of asphalt in various location as well as 350 yards of black dirt for restoration. Report on Departmental Objectives January 21, 2014 Page 9
Red Zone Robotics – Village of Deerfield worked with Red Zone Robotics to complete a sanitary sewer televising project. The final product, including data on more than 80 miles of sanitary sewers will be complete in 2014. As a result of, and to assist with , the project staff has cleaned and repaired several miles of sanitary sewers throughout the Village.
The Sewer Department continues to work with RJN Group and to implement the recommendations to reduce the inflow and infiltration into the sanitary sewer system by lining sewers and repairing leaking manholes that have been identified. Public Works has replaced 110 frames and covers as part of the recommendations received from RJN, to help reduce inflow and infiltration in the northeast quadrant. The sewer department will continue to work in the northeast quadrant to help reduce the inflow and infiltration. RJN has completed smoke testing in the southeast quadrant, for which a draft report will be received shortly.
Work with the Engineering Department on the design of various projects – The Department assisted with the 2013 Street Rehabilitation Program. The sewer department will be working with the engineering department for the upcoming construction season.
Ongoing Activities – Routine daily activities include JULIE (Joint Utility Locating Information for Excavators) locates, sewer cleaning, sewer televising, responding to sewer backups, flooding, and drainage.
GARAGE DEPARTMENT
Garage personnel, consisting of one foreman and one mechanic are responsible for the overall maintenance of all public works, police and engineering vehicles and equipment. This includes repair and maintenance of the following:
12- Administration cars 16- Police-related cars 27- Public works vehicles 25-Snow plows 8- Salt spreaders 2- Front end loaders 3- Back-hoe loaders 3- Mower tractors 3- Bobcat loaders 1- Sidewalk plow 6- Snow blowers (2 machine mounted and 4 walk behind) 2- Trailer mounted traffic arrow 1- Trailer mounted message board 1- Street sweeper 3- 20-cubic yard self-loading leaf vacuum trailers 1- 14-cubic yard self-loading leaf vacuum trailer 1- Lighting trailer 4- Air compressors Report on Departmental Objectives January 21, 2014 Page 10
8- Pumps 2- Chippers 6- Generators 2- Hydraulic concrete breakers 6- Lawn mowers 10- Chain saws 6- Concrete saws 2- Water jets 1- Stump grinder 8- Trailers 1- 2 1/2 ton roller
Garage personnel also maintain the Public Works building and HVAC.
A charge is made to the various village departments by budgetary functions for parts and labor on vehicles and equipment serviced by the Garage. The department is responsible for contracting for service from outside repair companies for major building work and major equipment body and transmission work. The department also prepares written specifications for the purchase of new vehicles and equipment as well as maintains a parts inventory. Garage personnel continue to maintain the Village of Deerfield Public Works Building, equipment and vehicles in excellent operating condition.
The Garage Department has written specifications for replacement vehicles and equipment and received as follows:
Street Department Pick-up Truck and Plow #809 WRF Department Pick-up Truck #605. Street Department Self Propelled Walk Behind Concrete Saw WRF Department Zero-Turn Riding Mower Street Department Four Ton Diesel Fuel Fired Tandem Axle Asphalt Recycler/Heater and Storage Unit Trailer. Street Department Skid Steer Loader #250 WRF Department Backhoe/Loader #BH-1 Street Department 18,000 lb Tandem Axle Trailer Street Department 36,,220 G.V.W.R Truck with Dump Body and Plow, Spreader with Wetting System #801&#SS3 Garage Department Pick-up Truck #701on order. Assistance with Special Events – The Garage Department also provides assistance for the SWALCO Electronics Collections, Festival of Fine Arts, Farmer’s Market, and Family Days/Fourth of July events.
Report on Departmental Objectives January 21, 2014 Page 11
GREEN INITIATIVES
The Public Works and Engineering Department collectively looks for opportunities to operate, design, and construct with sustainable practices. Examples include the following:
All traffic signals have been upgraded to use LED fixtures to save electricity and improve safety.
Promoting the use of rain gardens, rain barrels, and native vegetation.
The Village was awarded $26,645.70 of the $32,724.62 total project cost to install energy efficient lighting at the Public Works facility. The improvements will save 73,493 kilowatt hours annually.
The Village of Deerfield was awarded $10,778 of the $21,556 total project cost to install a rain garden within a parking lot island at the Metra parking lot located on the corner of Sunset Court and Elm Street. The rain garden is designed to filter and infiltrate stormwater runoff from the parking lot. The site is tributary to the West Fork of the North Branch of the Chicago River.
Utilizing best management practices in the design of capital improvement projects including the use of recycled materials, using local materials to minimize the energy embedded in their transportation. These design principals were implemented most recently for the Wastewater Reclamation Facility
The WRF Administration Building received a favorable review by the USGBC to qualify for LEED silver certification. Improvements would include motion-activated lighting, water conservation fixtures, gray water (effluent) reuse, environmentally friendly building materials and surfaces, beneficial building orientation, porous and reflective paving materials where possible, energy efficient equipment, bioswales, and rain gardens.
The installation of Orion water meters improves meter reading efficiency resulting in reduced manpower needs.
We utilize infrared heat in our vehicle storage areas and radiant heat in our mechanic’s garages.
The re-use of asphalt grindings as roadway pavement at reservoir 29A.
Replaced heating and cooling controls for energy savings.
Use of deicing alternatives to road salt has been implemented reducing salt purchases by 20%.
The Department purchases unleaded and diesel fuel and maintains the fueling station at the public works facility. All Deerfield public agencies fuel their vehicles and equipment here including the Park District, Deerfield Bannockburn Fire Protection District, Library, Schools and Township. Report on Departmental Objectives January 21, 2014 Page 12
Office paper, metal and waste oil recycling.
Hosting locally, and participating regionally, in Solid Waste Agency of Lake County (SWALCO) events such as Household Hazardous Waste Collections and Electronics Collections.
Collect and recycle leaves annually with assistance from our waste hauler Waste Management who takes the collected leaves to a composting facility
Land application of WRF sludge for agricultural purposes
Concrete and asphalt recycling
We also review improvement plans of developers and homeowners with an eye toward conservation and best management practices.
EMPLOYEE TRAINING
Public Works and Engineering Department employees attended various training classes, meetings, and seminars which included:
Appraisals & Negotiations Utility Inventory & Asset Management Seminar Underground Infrastructure Seminar International Society of Arboriculture Certified Arborist Deerfield Bannockburn Emergency Management Tabletop Exercise NIPSTA Confined Space Entry Lake County Enforcement Officer Exam ISAWWA Locating Seminar Confined Space Entry & Non-Entry Rescue Lake County Enforcement Officer Exam ASCE 3rd Annual Sustainability Workshop IWEA Laboratory Skills Workshop Fox Valley Operations Association 7th Annual Mini Conference Developing A Private Sector Flow Reduction Program Illinois Public Pesticide Application
REQUEST FOR BOARD ACTION
13-151-2 Agenda Item: ______
Subject: Ordinance re: Huehl Road Name Change ______
Second Reading Action Requested: ______Administration Originated By: ______Village President and Board of Trustees Referred To: ______
Summary of Background and Reason for Request
Embassy Suites has been in conversation with Village staff for some time regarding the difficult their guests have locating the hotel due to the fact that their monument sign is setback from the road. Most often, hotel guests are from out of town and are not familiar with the area further adding to the difficult of locating the hotel.
It is being recommended by staff to change the name of Huehl Road to Embassy Way to help give the hotel greater visibility. All of the businesses along Huehl Road, including Embassy Suites have Lake Cook Road addresses, which makes the name change less complicated. Other streets in the Village that have business names include Tennaqua Lane, Corporate Drive, Parkway North Boulevard, and Takeda Parkway. Huehl Road is a Village Right-of-Way but maintained by the property owners adjacent to the street.
Embassy Suites is in favor of staff’s recommendation to change the name of Huehl Road to Embassy Way, as they believe it will greatly help their guests locate the hotel. If the ordinance is approved, staff will notify the Fire District, Police Department, Cook County Department of Highways and Transportation and GPS databases of the name change.
A first reading was held on January 6, 2014.
Reports and Documents Attached: Ordinance
January 21, 2014 Date Referred to Board: ______
Action Taken: ______VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS
______
ORDINANCE NO. ______
AN ORDINANCE CHANGING THE NAME OF HUEHL ROAD TO EMBASSY WAY
______
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this
______day of ______, 2014.
Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this _____ day of ______, 2014.
VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ______
ORDINANCE NO. ______
AN ORDINANCE CHANGING THE NAME OF HUEHL ROAD TO EMBASSY WAY
______
WHEREAS, Huehl Road is part of the municipal street system of the Village of Deerfield
and is located in Cook County within the corporate limits of the Village of Deerfield; and
WHEREAS, Huehl Road extends southerly from Lake Cook Road to a point of terminus
south of Lake Cook Road; and
WHEREAS, Huehl Road was dedicated and named by a Plat of Dedication recorded in the
Office of the Cook County Recorder of Deeds on April 30, 1984 as Document No. 270647802, and
by a Plat of Dedication recorded in the Office of the Cook County Recorder of Deeds on February
11, 1985 as Document No. 27439948; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that
Huehl Road, running from Lake Cook Road on the north to a point of terminus south of Lake Cook
Road, as depicted in said Plats of Dedication, should be renamed as “Embassy Way”;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: The name of the street now named “Huehl Road”, as designated on Plats of
Dedication recorded in the Office of the Cook County Recorder of Deeds as Document No. 7064780
and as Document No. 274389948, and running from Lake Cook Road on the north to a point of terminus south of Lake Cook Road, shall be and hereby is changed to “Embassy Way”.
- 1 - SECTION 2: That the Village Clerk is hereby authorized and directed to cause a certified copy of this Ordinance to be recorded in the Office of the Cook County Recorder of Deeds.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non-preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non-preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction.
SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
PASSED this ______day of ______, 2014. AYES: NAYS: ABSENT: ABSTAIN: APPROVED this ______day of ______, 2014.
______Village President ATTEST:
______Village Clerk
- 2 - REQUEST FOR BOARD ACTION
14-3-1 Agenda Item: ______
Subject: Ordinance Approving a Rear Yard Setback for 170 Sequoia Lane – 1R ______
______First Reading Action Requested: ______BZA Originated By: ______Village President and Board of Trustees Referred To: ______
Summary of Background and Reason for Request
The Report and Recommendation from the Board of Zoning Appeals was approved on January 6, 2014
Reports and Documents Attached: Ordinance
January 21, 2014 Date Referred to Board: ______
Action Taken: ______VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS
______
ORDINANCE NO. ______
AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 170 SEQUOIA LANE
______
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this
______day of ______, 2014.
Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this _____ day of ______, 2014.
VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ______
ORDINANCE NO. ______
AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 170 SEQUOIA LANE ______
WHEREAS, the owners of the property commonly known as 170 Sequoia Lane and legally described herein (the “Subject Property”) petitioned the Board of Zoning Appeals of the
Village of Deerfield for a variation from the minimum rear yard requirements of Article 4.02-F,
Paragraph 3, Subparagraph e, of the Zoning Ordinance of the Village of Deerfield to permit the construction of a one-story sunroom addition at the northwest corner of the existing single-family structure on the Subject Property encroaching 5.5 feet into the 40-foot required rear yard; and,
WHEREAS, the Board of Zoning Appeals held a public hearing on December 3, 2013 to consider said petition, said hearing being held pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance of the Village of Deerfield; and,
WHEREAS, the Board of Zoning Appeals has filed its report with the President and Board of Trustees of the Village of Deerfield containing its written findings that the requested variation conforms to the standards for variations set forth in Article 13.07-E of the Zoning Ordinance of the
Village of Deerfield and recommending that the President and Board of Trustees grant the requested variation;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows:
-1- SECTION 1: That the findings of fact and recommendations of the Board of Zoning
Appeals are concurred in and adopted as the findings of fact of the President and Board of Trustees of the Village of Deerfield.
SECTION 2: That the Petitioners have proven to the satisfaction of the Board of Zoning
Appeals and the Board of Trustees that strict enforcement of the requirements of Article 4.02-F,
Paragraph 3, Subparagraph e of the Zoning Ordinance of the Village of Deerfield for a minimum
40-foot rear yard will pose practical difficulty or unnecessary hardship as applied to the following described Subject Property unless varied as provided herein:
LOT 43 IN COLONY POINT UNIT 4 BEING A SUBDIVISION IN SECTION 33 AND 34, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17, 1965 AS DOCUMENT NUMBER 1254495, IN LAKE COUNTY, ILLINOIS. PIN 16-33-401-001
SECTION 3: That a variation from the strict provisions of Paragraph 3, Subparagraph e of Article 4.02-F of the Zoning Ordinance of the Village of Deerfield, as amended, is hereby granted with respect to the Subject Property to permit the construction of a one-story sunroom addition at the northwest corner of the existing single-family structure on the Subject Property encroaching 5.50 feet into the minimum 40-foot rear yard required under the Zoning Ordinance, provided that such addition shall be constructed and maintained in accordance with and to the extent provided by the following plans and supporting materials submitted by Petitioner and describing the proposed addition, which are hereby incorporated and made a part of this Ordinance by this reference: (i) Plat of Survey by Joseph R. Sadoski, dated October 9, 2013; (ii) Proposed Site
Plan for Addition to Residence for Steve and Gail Lewis by Stuart D. Shayman Associates, dated
10.14.13; (iii) Tree/Topo Plan for Addition to Residence for Steve and Gail Lewis by Stuart D.
Shayman Associates, dated 10.14.13; (iv) Proposed North-East View rendering of Addition to
Residence for Steve and Gail Lewis by Stuart D. Shayman Associates, dated 10.14.13.
-2- SECTION 4: That this variation is granted subject to Petitioner’s compliance with the
requirements of this Ordinance, with all applicable provisions of the Village of Deerfield Zoning
Ordinance, and with all other applicable codes and ordinances of the Village of Deerfield.
SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non-preemptive state law; or, (b) legislate
in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of
the corporate authorities of the Village of Deerfield that to the extent that the terms of this
Ordinance should be inconsistent with any non-preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 6: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this ______day of ______, 2014. AYES: NAYS: ABSENT: ABSTAIN: APPROVED this ______day of ______, 2014.
______Village President ATTEST:
______Village Clerk
-3- REQUEST FOR BOARD ACTION
Agenda Item: 14-4-1
Subject: Ordinance Authorizing a Text Amendment and a Special Use for a Dry Cleaner to be Established at 190 N. Waukegan Road (CD One Price Cleaners and Heritage Properties) – 1R
Action Requested: First Reading
Originated by: Plan Commission
Referred to: Mayor and Board of Trustees
Summary of Background and Reason for Request:
The Board of Trustees accepted the Plan Commission’s recommendation on the proposed Text Amendment and Special Use for CD One Price Cleaners to be established at 190 N. Waukegan Road on January 6, 2014
Reports and Documents Attached:
Ordinance Plan Commission Documents Petitioner’s Materials
Date Referred to Board: January 21, 2014
Action Taken: ______VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ______
ORDINANCE NO. ______
AN ORDINANCE AUTHORIZING ZONING TEXT AMENDMENTS AND A SPECIAL USE FOR A GREEN DRY CLEANER AT 190 NORTH WAUKEGAN ROAD (CD ONE PRICE CLEANERS)
______
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
December 12, 2013 on the application of Deerfield, L.L.C. (d/b/a the “Shoppes at Deerfield”) and CD One Price Cleaners (collectively, the “Applicants”) for: (A) approval of an amendment to Article 5.02-C, Paragraph 2, of the Zoning Ordinance of the Village of Deerfield to make green dry cleaners of 2,751 square feet and over a Special Use in the C-2 Outlying District, (B) approval of an amendment to Article 5.02-B, Paragraph 2, of the Zoning Ordinance of the
Village of Deerfield to only permit new dry cleaning establishments not exceeding 2,750 square feet in size to be established after the effective date of this Ordinance if they qualify as green dry cleaners, and, (C) approval of the establishment of the proposed CD One Price Cleaners green dry cleaner at the property commonly known as 190 North Waukegan Road in the Shoppes at
Deerfield Shopping Center, which is legally described on Exhibit A attached hereto (the “Subject
Property”), as a Special Use of the Subject Property in the C-2 Outlying Commercial District; and,
WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the Zoning Ordinance of the Village of Deerfield; and,
-1- WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence, testimony, and supporting materials offered at said hearing, filed its report with the
President and Board of Trustees containing its written findings of fact and recommendation that:
(A) an amendment to Article 5.02-C, Paragraph 2, of the Zoning Ordinance of the Village of
Deerfield should be approved to permit green dry cleaners of 2,751 square feet or over as a
Special Use in the C-2 Outlying Commercial District, (B) an amendment to Article 5.02-C,
Paragraph 2, of the Zoning Ordinance of the Village of Deerfield should be approved to permit new dry cleaning establishments not exceeding 2,750 square feet in size to be established after the effective date of this Ordinance as a permitted use in the C-2 Outlying Commercial District only if they are established and operated as a green dry cleaner, and (C) that a Special Use be granted allowing the establishment of the proposed CD One Price Cleaners green dry cleaning store as a Special Use of the Subject Property in the C-2 Outlying Commercial District; and
WHEREAS, the President and Board of Trustees have considered and reviewed the proposed CD One Price Cleaners green dry cleaning store, the supporting materials submitted by the Applicants, the evidence and testimony adduced at said public hearing, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and determine that it is in the best interest of the
Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein to allow green dry cleaners of 2,751 square feet or over to be established as a Special Use in the C-2
Outlying Commercial District; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield further concur in the recommendation of the Plan Commission and determine that it is in the best
-2- interest of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein to only permit new dry cleaners not exceeding of 2,750 square feet to be established as a permitted use in the C-2 Outlying Commercial District after the effective date of this Ordinance if they are established and operated as a green dry cleaning establishment; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed CD One Price Cleaners green dry cleaning store fully complies with the requirements and standards for Special Uses set forth in Article 13.11 of the Zoning
Ordinance of the Village of Deerfield; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that the best interest of the Village will be served by the authorizing and granting of a
Special Use to permit the construction, establishment, maintenance and use of the proposed CD
One Price Cleaners green dry cleaning store on the Subject Property, as more fully described herein, as a Special Use of the Subject Property in the C-2 Outlying Commercial District, all as provided herein and in accordance with the plans and supporting materials submitted by the
Applicants which are incorporated herein and made a part hereof by this reference;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing Recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That Paragraph 2 (“Service Uses”) of Article 5.02-B (“Permitted Uses”) of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to read as
-3- follows (additions are indicated by underscoring and deletions are indicated by strikethrough markings):
2. Service Uses, with the limitation that: (i) service uses in excess of 10,000 square feet and less than 20,000 square feet in size are only permitted in ground floor locations by a special use pursuant to Article 5.02-C, and (ii) non-retail service uses in excess of 20,000 square feet are not permitted in ground floor locations; provided, however, that the limitations stated in 2(i) and 2(ii) are not applicable within the areas identified on Appendix D entitled C-2 Non-Retail Overlay.
a. Artists’ Studios. b. Banks, Savings and Loan Associations and other Financial Institutions, not including drive-in facilities. c. Barber Shops. d. Beauty Shops. e. Blueprinting and Photocopying Establishments. f. Dry Cleaning and Laundry Establishments, including self-service, coin-operated equipment, provided that the floor area devoted to any one such establishment (including floor area devoted to accessory uses as well as the principal use) shall not exceed 2,750 square feet. Effective February 11, 2014, no new dry cleaning establishments may be established except for those established and operated as green dry cleaners. g. Food Catering Establishments. h. Interior Decorating Shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as part of retail operations and secondary to the principal use. i. Photographic Studios. j. Radio and Television Service and Repair Shops. k. Shoe, Clothing and Hat Repair Shops. l. Tailor and Dressmaking Shops, employing not more than five persons. m. Travel Agencies and Transportation Ticket Offices.
SECTION 3: That Paragraph 2 (“Service Uses”) of Article 5.02-C (“Special Uses”) of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following to the list of authorized special uses in the C-2 Outlying Commercial District
(additions are indicated by underscoring and deletions are indicated by strikethrough markings):
-4- n. Dry Cleaning Establishments of 2,751 square feet and over, provided that the dry cleaning establishment is established and operated as a green dry cleaner.
SECTION 4: That Article 14.02-B (“Definitions”) of Article 14 (“Rules and
Definitions”) of the Zoning Ordinance of the Village of Deerfield, be and the same are hereby amended to add the following as a defined term:
GREEN DRY CLEANER: A dry cleaning establishment that meets all of the following criteria: (i) does not use perchloroethylene in the cleaning process; (ii) uses only drycleaning machines with solvent reclaimers; and (iii) drycleaning solvents are only delivered and picked-up by state licensed professionals.
SECTION 5: That the President and Board of Trustees of the Village of Deerfield do hereby affirmatively find that the CD One Price green dry cleaner proposed as a Special Use of the Subject Property in the C-2 Outlying Commercial District fully complies with the requirements and standards set forth in Article 5.02-C, Paragraph 2, and Article 13.11 of the
Zoning Ordinance of the Village of Deerfield.
SECTION 6: That the President and Board of Trustees do hereby authorize and approve a Special Use to permit the establishment, operation, maintenance and use of a CD One Price green dry cleaner as a Special Use of the Subject Property in the C-2 Outlying Commercial
District to the extent provided herein and subject to the conditions, regulations and restrictions set forth in Section 7 of this Ordinance.
SECTION 7: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions:
(a) That the construction, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the documents, materials and exhibits attached hereto and made a part hereof as Exhibit B.
(b) Compliance with all applicable federal, state and local environmental laws, rules and regulations and with all applicable building and life safety codes.
-5- (c) Compliance with all representations submitted and made by the Applicants to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield.
(d) Compliance with the recommendations and requirements of the Appearance Review Commission.
(e) Continued compliance with the requirements of Ordinance O-97-16 and Ordinance O-97-30, which remain in full force and effect and applicable to the Subject Property.
(f) Compliance by the Applicants with all applicable provisions of the Zoning Ordinance and Municipal Code of the Village of Deerfield.
SECTION 8: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicants and Applicants’ successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by the Applicants or their successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized.
SECTION 9: That the Village Clerk is hereby authorized and directed to record this ordinance in the office of the Recorder of Deeds of Lake County, Illinois, at Petitioner’s expense.
SECTION 10: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non-preemptive state law; or,
(b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non-preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction.
-6- SECTION 11: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
PASSED this ______day of ______, 2014.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this ______day of ______, 2014.
______Village President ATTEST:
______Village Clerk
- 7 - Exhibit B
Exhibits to an Ordinance Authorizing Zoning Text Amendments and a Special Use for a Green Dry Cleaner (CD One Price – 190 Waukegan Road)
1. Site Plan for CD One Price Cleaners by Shive Hattery Architecture and Engineering.
2. Floor Plan by JTS Architects, dated 11/27/2013.
3. Equipment List by JTS Architects, dated 10/31/2013.
4. Sign Plan and Rendering by Doyle Sign Contractors, dated 10.20.2013, Drawing No. 13652 consisting of two sheets.
5. Drawing of Tenant Identification Sign Panel for 190 Waukegan Road monument sign by Doyle General Sign Contractors bearing a last revision date of 11.26.13. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS
______
ORDINANCE NO. ______
AN ORDINANCE AUTHORIZING ZONING TEXT AMENDMENTS AND A SPECIAL USE FOR A GREEN DRY CLEANER AT 190 NORTH WAUKEGAN ROAD (CD ONE PRICE CLEANERS)
______
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this
______day of ______, 2014.
Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this _____ day of ______, 2014. RECOMMENDATION
TO: Mayor and Board of Trustees
FROM: Plan Commission
DATE: December 12, 2013
RE: Request for a Text Amendment and a Special Use for a Dry Cleaner to be Established at 190 N. Waukegan Road (CD One Price Cleaners and Heritage Properties).
We transmit for your consideration a recommendation adopted by the Plan Commission of the Village of Deerfield on the request of the petitioners for approval of a Text Amendment and a Special Use to permit the establishment of a dry cleaners of 2,751 square feet and over at 190 N. Waukegan Road known as CD One Price Cleaners. The Plan Commission held a public hearing on December 12, 2013. At that public hearing, the petitioners presented testimony and documentary evidence in support of the request. A copy of the public hearing and workshop minutes are attached. In support of its request, the Plan Commission makes the following findings of fact and conclusions FINDINGS OF FACT Subject Property
The subject property consists of a 13,141 square foot, one-story shopping center which was approved as a commercial PUD. The building was constructed on the property in 1998. The property is located to the south of Carson’s Restaurant and north of the Deerfield Animal Hospital. The property is zoned C-2 Outlying Commercial District and is approximately 1.28 acres in size. The property was approved with a vehicular cross- access to Carson’s Restaurant so cars exiting the shopping center could access the traffic signal on Waukegan Road.
Surrounding Land Use and Zoning
North: C-2 Outlying Commercial District, Carson’s Restaurant South: C-2 Outlying Commercial District, Deerfield Animal Hospital East: R-3 Single Family Residential District (across Waukegan Road), Deer Run Subdivision West: I-1 Office, Research and Restricted Industry, Green Family Partners Illinois, LLC; and I-2 Limited Industrial, Industraplex Proposed Plan
The petitioners are proposing to locate a 3,000 square foot dry cleaning establishment for CD One Price Cleaners at 190 N. Waukegan Road, known as the The Shoppes of Deerfield (Panera Bread is located in this development). The dry cleaners will be located in a portion of the space formerly occupied by North Shore University Health Systems. The site plan provided in the petitioner’s materials shows the portion of the building proposed to be occupied by the dry cleaners. The petitioners have also provided a floor plan showing the proposed layout of the tenant space.
The property owner believes the proposed dry cleaners will be a good co-tenant to the existing Panera restaurant use, and believes that the dry clears will help bring customers to the center who will also patronize Panera and other sought after retailers (see petitioner’s materials page 1). On page 2, under Compatible with Existing Development, the petitioners explain that the dry cleaning facility should not produce unusual odors or noise. The last paragraph on page 2 indicates their hours of operation, number of employees on the premises, and peak times. They have indicated that the peak times will be in the morning and the evening (before work and after work), and will not coincide with Panera’s peak time, which is lunch. The clothing processed at this facility will be for this store only. The petitioners are not proposing changes to the building, other than signage and a new door on west wall of the building. They propose to create an additional parking space in the parking lot where a concrete refuge island currently exists next to the sidewalk, but otherwise they are not proposing any changes to the parking lot, site or access points.
CD One Price Cleaners is a “green” dry cleaning establishment. They do not use perchloroethylene (a solvent commonly known as perc), and they meet and exceed local, state, federal and EPA regulations and inspections. Additionally, they offer hanger recycling program, and strive to reduce electricity and gas consumption at their facilities. Please see the sheet in the petitioner’s materials titled Eco-Friendly Initiatives and Practices, for a detailed description of their environmentally friendly practices.
Zoning Conformance
Text Amendment and Permitted Use or Special Use
At the present time, dry cleaners are a Permitted Use in the C-2 Outlying Commercial District if they are 2,750 square feet in size or less. Since the petitioners are seeking approval of a dry cleaners which will be more than 2,750 square feet, they will need to seek a Text Amendment to the Zoning Ordinance to permit a dry cleaners of 2,751 square feet and over.
This Text Amendment can be written in one of two ways. The Text Amendment can be written so that dry cleaners up to 3,000 square feet in size are a Permitted Use in the C-2 District. In 2001, the Permitted Use for a dry cleaners was increased from 2,000 square feet to 2,750 square feet at the request of Zengelers Cleaners at 1452
2 Waukegan Road. The other option is a Text Amendment to approve a dry cleaners to be a Special Use if 2,751 square feet and over. The proposed CD One Price Cleaners is 3,000 square feet.
A standard for a Text Amendment to the Zoning Ordinance is that it has to be in the public interest. One page 1 of the petitioner’s materials they explain why the Text Amendment will be in the public interest (see Public Interest Rationale).
The Plan Commission had indicated a preference toward requiring a Special Use for a dry cleaners of 2,751 square feet and over, and requiring that any new cleaners be a green cleaners.
Green Cleaners (Eco-Friendly) Text Amendment
When the C-2 district was updated in 2012, there was some discussion of making any future dry cleaners “green” cleaners. Attached are the minutes from the 2012 discussion on the matter of green cleaners. The petitioner’s materials indicate that CD One Price Cleaners does not use perchloroethylene (a solvent commonly known as perc) in their cleaning processes and is considered a green dry cleaners (eco-friendly). The petitioners have submitted information in their packet about their eco-friendly initiatives and practices.
Attached is some background information from Village Attorney Peter Coblentz regarding green cleaners (see email dated December 4, 2013). Mr. Coblentz provided the Plan Commission with some alternatives for the Text Amendment and he indicated: The strictest Deerfield regulation would be to authorize only dry cleaners that utilize "Green Solvents." A less strict definition would allow use of "Drycleaning Machines with Solvent Reclaimers.” See the definition of these two above terms in Mr. Coblentz correspondence. Mr. Coblentz suggests that the ordinance specifically exclude dry cleaning machines that use perc. Mr. Coblentz also advised that we could also require that any green dry cleaner have a license issued by the Illinois Dry Cleaner Environmental Response Fund Council. Since the Village is considering a Text Amendment for dry cleaners 2,751 square feet and over (Special Use) to be for green cleaners only, the Plan Commission believes this is an appropriate time for the Village to consider a Text Amendment to make future dry cleaners that are 2,750 square feet and under (Permitted Use) in the C-2 District green cleaners as well. The proposed Text Amendment for green cleaners would not apply to existing dry cleaners already established in Deerfield, but would require any new dry cleaners to be green.
3 Parking
Required Parking for Dry Cleaners
There is no specific parking requirement for a dry cleaners in the Zoning Ordinance. When the Village approved the expansion of Zengelers Cleaners at 1452 Waukegan Road in 2001, the retail parking requirement of one (1) parking space for each 200 square feet on floor area was utilized according to the Plan Commission recommendation.
Staff checked a couple of surrounding communities for their parking requirements for dry cleaners. Highland Park requires 2 spaces per 1,000 square feet plus any space used for office and sales. Lake Forest requires 5 parking spaces per 1,000 square feet (1 spaces for each 200 square feet of floor area), except 4 per 1,000 (1 space for each 250 square feet of floor area) for the B-2 District.
Required Parking for this Shopping Center
The last Special Use for the subject property at 190 N. Waukegan Road was in 1997 for Panera Bread (known as St. Louis Bread at that time) which is approximately 3,428 square feet in area. The Village granted a parking reduction of 25% for the restaurant when it was approved at that time and also approved off-site parking (14 spaces) on the Deerfield Animal Hospital property. For background purposes, the parking section of the 1997 Plan Commission recommendation is attached. This recommendation indicated that 34.26 parking spaces were required for Panera Bread, and that 80 parking spaces were required for this property.
The Panera Bread restaurant required parking is calculated based on the Special Use approved in 1997. Therefore, 34.26 parking spaces would be required for the Panera Bread restaurant, and the remainder of the tenant spaces in the shopping center (including the cleaners and vacant space) would require 48.5 parking spaces (9,713/200 = 48.5) when figured at the retail parking requirement of one (1) parking space for each 200 square feet of gross floor area, for a total of 83 parking spaces for the entire shopping center (34.26 spaces for Panera Bread + 48.5 spaces for the remainder of the shopping center including the proposed dry cleaners and vacant space = 82.76 spaces = 83 spaces).
Parking Provided for this Shopping Center
According to the site plan in the petitioner’s packet, there are currently a total of 85 parking spaces on the property including 4 handicapped spaces, as required.
The petitioners have also submitted actual average customer counts per half hour from the Niles store during an average day. The chart in the petitioner’s materials provides these counts for the half hour for ingoing and outgoing customers from 6:30 a.m. to 7:30 p.m.
4 Signage
Wall sign, east (front) elevation
Allowed: Proposed:
Area: 80 sq.ft. or 8% of wall, 64 sq.ft. whichever is greater (16’ long x 4’ high)
Location: outermost wall facing a public street, facing Waukegan Road public access or parking area
Height: nothigherthantheroofdeckor belowthetopofroofdeck 30 feet above curb level
Illumination: mustbefixedand internally illuminated concealed letters with plex face
Wall sign, north (side) elevation
Allowed: Proposed:
Area: 40 sq.ft. or 4% of wall, 40 sq.ft. whichever is greater (12’ 8” long x 3’ 2” high)
Location: outermost wall facing a public street, facing parking area public access or parking area
Height: nothigherthantheroofdeckor belowthetopofroofdeck 30 feet above curb level
Illumination: mustbefixedand internally illuminated concealed letters with plex face
Shopping Center Sign Criteria
This shopping center has specific sign criteria in addition to the Village’s sign regulations. The shopping center sign criteria require that all letter heights not exceed 24” nor be smaller than 12”. The petitioner’s sign plan shows the letter height on the east (front) for CD One Price is 1’5¾” and the letter height for Cleaners is 1’3½”. On the side (north) wall, the letter height for CD One Price is 1’2” and the letter height for Cleaners is 1’1¼”.
5 Ground Sign
The petitioners are proposing to reorganize the existing ground sign for this PUD with new panels. The size of the ground sign will not be increased. Currently, two larger panels exist on the ground sign, and they are now proposing smaller panels for additional tenants. The petitioners have provided a drawing of the proposed new ground sign panels. Panera will have the top panel, and CD One Price Cleaners will have the second panel. Two other panel spaces are available below CD One Price Cleaners. The top panel for Panera will be 30” high and the smaller panels below Panera will each be 14.5” high.
Appearance Review Commission
The Appearance Review Commission (ARC) will need to approve the signage for the proposed dry cleaners.
CONCLUSIONS Request for Approval of a Text Amendment to the C-2 District to Allow a Dry Cleaners of 2,751 s.f. and Over as a Special Use and be Green: The Plan Commission is in favor of amending the C-2 Outlying Commercial District to allow a dry cleaners of 2,751 s.f. and over as a Special Use in this district (currently dry cleaners are a Permitted Use, but there is a cap of 2,750 s.f.). The Plan Commission believes the use is appropriate for the C-2 Outlying Commercial District as a Special Use, and believes it is in the public interest to allow this use in this zoning district. The Plan Commission also believes it is in the public interest for any new dry cleaners to be eco-friendly “green” cleaners and that this will be a benefit to residents. The proposed Text Amendment has been written so that any new dry cleaner of this size must be a green cleaner which includes the requirements that the facility must not use perc, must use machines with solvent reclaimers, and that all solvents must be delivered and picked up by State licensed professionals. (The December 16 minutes contain more details on the Plan Commission’s discussion about the requirements for a dry cleaner to qualify as being a green cleaner.) Request for Approval of a Text Amendment to the C-2 District to Require that all Dry Cleaners of 2,750 s.f. and Under be Green: Dry cleaners of 2,750 s.f. and under are currently a Permitted Use in the C-2 Outlying Commercial District. The Plan Commission believes it is in the public interest to amend the text of Zoning Ordinance to require that all new dry cleaners 2,750 s.f. and under be required to be eco-friendly cleaners. This Text Amendment would apply to new businesses only and would not require existing dry cleaners to change their practices. The Text Amendment would include the requirement that all new dry cleaners 2,750 s.f. and under must not use perc, must use machines with solvent reclaimers, and that all solvents must be delivered and picked up by State licensed professionals.
6 Request for Approval of the Proposed Special Use for CD One Price Cleaners at 190 N. Waukegan Road: Compatible with Existing Development The Plan Commission believes that the proposed Special Use for the dry cleaner will be compatible with existing development and should not impede the orderly development and improvement of surrounding properties. The Plan Commission believes the proposed use is a good and appropriate use and will be compatible with the existing development in the area. They believe the proposed use will not have an adverse impact on surrounding properties. They believe the proposed dry cleaner will be a good fit for this shopping center. Customers will be in and out of the business quickly, allowing for quick turn-over in the parking lot, and the peak times for the dry cleaner will not coincide with Panera’s peak times. The Plan Commission is pleased that this dry cleaner will be an eco-friendly cleaner and that it does not use perc and that uses solvent reclaimers. Lot of Sufficient Size The Plan Commission believes the subject property is of sufficient size for the proposed use. The Plan Commission believes that The Shoppes of Deerfield PUD is suitable for the proposed use and it will not create a negative impact on surrounding properties. Traffic The Plan Commission believes the dry cleaner should not create traffic problems on the subject property and should not have an adverse impact on surrounding properties. The proposed use should not significantly increase traffic volumes in the area. The dry cleaner will have differing peak times from the Panera Bread restaurant, so customers to this PUD will be spread throughout the day. Parking and Access The Plan Commission believes that the number of parking spaces on the subject property is adequate and the dry cleaner will not have an adverse impact on parking in the area. The petitioners have indicated that the proposed use will have about 12 customers at the peak times, and each transaction typically lasts about 2 to 3 minutes, allowing for quick turn over in the parking lot. The Plan Commission believes that the intensity of the proposed use on the subject property will not adversely impact parking of the subject property and will not create a parking problem on the property. This PUD has approval to use 14 parking spaces on the Deerfield Animal Hospital property to the south. The Plan Commission believes there is adequate parking to accommodate the proposed use. The existing access points to this development will not be changed as a result of the proposed use. Effect on Neighborhood The Plan Commission believes the proposed use should not be significantly or materially detrimental to the health, safety, or welfare of the public or injurious to the
7 other property or improvements in the neighborhood nor should it diminish or impair property values in the surrounding area. The Plan Commission believes the proposed use will provide a benefit to the community without an adverse impact on the neighborhood. The proposed dry cleaner will provide a green, eco-friendly option for people to get their dry cleaning services. The Plan Commission believes the community has a need for this type of use and that the use will be beneficial to the community. Adequate Facilities Adequate facilities (utilities, access roads) are provided on the subject property. Adequate Buffering The Plan Commission believes that the existing buffering on the subject property is adequate. RECOMMENDATION Accordingly, it is the recommendation of the Plan Commission that the request for a Text Amendment to Zoning Ordinance Article 5.02-C,2 to allow a green dry cleaner of 2,751 s.f. and over as a Special Use in the C-2 Outlying Commercial Zoning District be approved; a green dry cleaner facility must not use perc, must use machines with solvent reclaimers, and all solvents must be delivered and picked up by State licensed professionals.
Ayes: (5) Berg, Bromberg, Oppenheim, Shayman, Shapiro Nays: (0) None
Accordingly, it is the recommendation of the Plan Commission that a Text Amendment be made to Zoning Ordinance Article 5.02-B,2 Permitted Uses, to require that all new dry cleaners of 2,750 s.f. and under in the C-2 Outlying Commercial Zoning District be required to be green cleaners; a green dry cleaner facility must not use perc, must use machines with solvent reclaimers, and all solvents must be delivered and picked up by State licensed professionals.
Ayes: (5) Berg, Bromberg, Oppenheim, Shayman, Shapiro Nays: (0) None
Accordingly, it is also the recommendation of the Plan Commission that the request for a Special Use for the proposed CD One Price Cleaners to be located at 190 N. Waukegan Road be approved.
Ayes: (5) Berg, Bromberg, Oppenheim, Shayman, Shapiro Nays: (0) None
Respectfully submitted, Dan Shapiro, Chairman Deerfield Plan Commission
8 PLAN COMMISSION VILLAGE OF DEERFIELD
The Plan Commission of the Village of Deerfield held a Public Hearing at 7:30 P.M. on December 12, 2013 at the Village Hall, 850 Waukegan Road, Deerfield, Illinois.
Chairman Shapiro called the meeting to order.
Present were: Dan Shapiro, Chairman Larry Berg Alan Bromberg Mary Oppenheim Stuart Shayman
Absent: Elaine Jacoby Jim Moyer
Also present: Jeff Ryckaert, Principal Planner Kathleen LéVeque, Associate Planner
Public Comment on a Non-Agenda Item
There was no public comment.
Public Hearing on the Request for Approval of Possible Text Amendments to the Zoning Ordinance Regarding Zoning Regulations for Medical Cannabis Dispensaries and Medical Cannabis Cultivation Centers – Continued to January 9, 2014
This public hearing is continued to January 9, 2014.
Public Hearing on the Request for a Text Amendment and a Special Use for a Dry- cleaner at 190 N. Waukegan Road (CD One Price Cleaners and Heritage Properties)
The petitioner provided proof of public notification. The petition was published in the Deerfield Review on November 21, 2013.
Tony Stephens, managing partner and owner, Heritage Property Group, represented the petitioner, Deerfield LLC/The Shoppes at Deerfield and CD One Price Cleaners at 190 N. Waukegan Road. Mr. Stephens introduced Cindy Brooks and Satish Vayuvegula, CD One Price franchisees for the proposed Deerfield store; and Michael Corraro, CD One Price Chief Operating Officer. The petitioner is requesting a Text Amendment and a Special Use for a 3,000 square foot dry cleaner in the C-2 Outlying Business District. A dry cleaner is a Permitted Use in the C-2 Outlying Business District if it does not exceed 2,750 square feet. CD One Price Cleaners is a “green” or eco- friendly dry cleaner. Public Hearing December 12, 2013 Page 2
Mr. Stephens displayed the site plan noting that the proposed CD One Price Cleaner would be at the north end of the building.
Mr. Stephens pointed out that the petitioner’s request for a Text Amendment is in the public’s interest by stating that CD One Price Cleaners will attract viable basic necessity retail and service business to the C-2 Outlying Commercial District. CD One Price Cleaners provides a high level of customer service and value pricing. Since 2001, CD One Price Cleaners has undergone a rapid expansion operating 30 stores in the greater Chicago area. Mr. Stephens noted CD One Price Cleaner’s background and history in the submitted material and pointed out the eco-friendly nature of CD One Price Cleaners operation. CD One Price Cleaners is dedicated to conducting business in an environmentally responsible and sustainable manner and does not use perchloroethylene (perc) solvent which is still used by 80 to 90% of the dry cleaning industry. Perchloroethylene is listed as a hazardous air pollutant by the Clean Air Act. CD One Price Cleaners equipment selection and practices are state of the art in solvent recovery in the dry cleaning industry. More information on CD One Price Cleaner’s eco- friendly practices and initiative was provided in the submitted material to the Commission. Mr. Stephens added that an environmentally friendly focus to the Text Amendment is in the public interest.
Commissioner Bromberg asked if there was anything specific about being an eco- friendly practice that requires dry cleaners to have a larger space. Mr. Stephens noted that in their case, the larger space is driven by the service and storage that is required for their business to succeed.
Mr. Stephens reviewed the criteria for a Special Use:
1. Compatible with Existing Development There are no alterations to the structure or the exterior of the existing development and no unusual odors, noises or other compatibility issues identified with this proposed use. The use will bring additional customers to the center which are compatible and synergistic with the other retail uses. CD One Price Cleaners operating hours will be 7:00 a.m. to 7:00 p.m., Monday to Saturday. The petitioner would like the option in the future to have Sunday hours from 10:30 a.m. to 5:00 p.m. During production hours of 7:00 a.m. to 3:00 p.m. there can be up to 10 to 12 employees on site. After 3:00 p.m. there will be up to 4 employees on site until closing. Mr. Stephens noted that the peak period for CD One Price Cleaner’s customers is in the morning and the evening when customers find it convenient to drop-off and pick-up. Customer transactions typically last 2 to 3 minutes on average. CD One Price Cleaners peak period does not impact the Panera restaurant lunch hour peak period.
2. Lot of Sufficient Size. No changes to the lot or exterior store dimensions are being requested. Public Hearing December 12, 2013 Page 3
3. Traffic There are no adverse effects on surrounding properties or traffic. No modifications of any kind are being contemplated or requested that will impact traffic.
4. Parking and Access No changes to the lot or exterior store dimensions. Parking and loading areas are adequate and the entrances and exits will remain as currently configured which allow for proper traffic flow and safety. Parking requirements are met according to Village code. Mr. Stephens noted that there are no specific parking requirements for a dry cleaner use.
5. Effect on the Neighborhood There is no adverse impact on the surrounding properties.
6. Adequate Facilities The subject property has adequate facilities.
7. Adequate Buffering The subject property currently has adequate buffering to ensure the enjoyment of surrounding properties and to ensure the public safety.
8. Establishment of the Special Use will not be injurious to the character of the C-1 Village Center District as a retail center for the Village. Not Applicable.
Mr. Stephens pointed out on the submitted material that the only change to the interior layout is moving an exit door from the north elevation to the west elevation.
Mr. Stephens noted that the building signage on the east elevation and north elevation is in compliance with Village requirements. He also referenced an updated version of a ground sign. Previously, the ground sign had 2 panels with the Panera restaurant on the bottom. The revised ground sign will have new sign panels with the Panera panel on the top. The overall dimensions of the ground sign will not change.
Chairman Shapiro noted that one of the issues that was resolved from the prefiling conference was to have a Text Amendment for a Special Use, and a Special Use for this petition. Commissioner Oppenheim wanted to know how the environmental issues would be addressed in the Text Amendment and the Special Use. Mr. Ryckaert commented that these issues would be addressed in the Text Amendment. A discussion ensued on applying environmental requirements to new prospective dry cleaners that were of any size into the Text Amendment. Adding the word “green cleaners” to the Text Amendment was discussed. Mr. Stephens commented that the wording “green cleaners” does not have a recognized meaning. Public Hearing December 12, 2013 Page 4
The Commission discussed the definition of being a “green” dry cleaner. The Commission contemplated requiring a license from the Illinois Drycleaner Environmental Response Fund Council. Mr. Corraro, CD One Price Chief Operating Officer, noted that a license from the Council was not difficult to obtain and only required fee ranging from $3,000 to $5,000 per year depending on the size of the business. Mr. Corraro commented that a license from the Illinois Drycleaner Environmental Response Fund Council has no environmental requirements.
Commissioner Oppenheim motioned to close the public hearing. Commissioner Berg seconded the motion.
Respectfully submitted, Daniel Nakahara Workshop Meeting December 12, 2013 Page 4
Discussion of Recommendation for CD One Price Cleaners.
Commissioner Berg commented that the Village Attorney provided some options for regulating eco-friendly cleaners. Mr. Stephens does not agree with the “green solvents” suggestion because 80% of the dry cleaning industry uses perchloroethylene (perc) solvent and the remainder uses hydrocarbon (CD One Price Cleaners use hydrocarbon), and a very small portion of the industry uses CO2. Mr. Stephens commented that requiring the use of “green solvents” would greatly reduce and limit the number the drycleaners that could do business in the Village. He went on to say that the “green solvents” as defined by the Council are not recognized by the dry cleaning industry. The hydrocarbon solvent that CD One Price Cleaners uses is not a “green solvent” as defined by the Council. However, their hydrocarbon equipment uses less solvent and gets more usage out of the solvent. CD One Price Cleaners also reclaims and filters the hydrocarbon solvent. Chairman Shapiro asked the petitioner if the “green solvents” recognized by the Council are realistic. Mr. Stephens stated that if they were to adhere only to the Council requirements they would not be able to be in business due to cost.
Commissioner Bromberg asked how the Commission could limit new dry cleaners to be environmentally friendly. Mr. Stephens suggested not allowing the use of perc; reclaiming the solvent; and all solvents be delivered professionally and waste matters are picked up professionally. Mr. Stephens noted that it is illegal to transport perc in a personal vehicle and that professionals delivering and picking up of perc are licensed by the State. The Commissioners thought it would be a good idead to have waste haulers that are licensed to transport and dispose of dry cleaning chemicals.
The Commission discussed the Special Use and the Text Amendment so that all new dry cleaners would be environmentally friendly. The requirements that the Commission recommends are:
1. No perchloroethylene (perc) solvent; 2. Dry cleaning machines with solvent reclaimers (as defined by the State); 3. Delivery and pickup of dry cleaning chemicals by State licensed professionals.
Commissioner Oppenheim made a motion for a Text Amendment that any new drycleaner of 2,751 square feet and over would be a Special Use, and that they do not use perchloroethylene (perc) solvent, use dry-cleaning machines with solvent reclaimers, and that the solvent is delivered and picked up by State licensed professionals. Commissioner Berg seconded the motion. The vote was as follows:
Ayes (5): Berg, Bromberg, Oppenheim, Shayman, Shapiro Nays (0): None
Commissioner Bromberg made a motion for a Text Amendment for any new drycleaners of 2,750 square feet or less would be a Permitted Use as long as they did Workshop Meeting December 12, 2013 Page 5 not use perchloroethylene (perc) solvent, use dry cleaning machines with solvent reclaimers, and that the solvent is delivered and picked up by State licensed professionals. Commissioner Berg seconded the motion. The vote was as follows:
Ayes (5): Berg, Bromberg, Oppenheim, Shayman, Shapiro Nays (0): None
Commissioner Bromberg motioned to approve the petitioners request for a Special Use for CD One Price Cleaners. Commissioner Oppenheim seconded the motion. The vote was as follows:
Ayes (5): Berg, Bromberg, Oppenheim, Shayman, Shapiro Nays (0): None
This recommendation will go to the January 6, 2014 Board of Trustees meeting. APPROVED
PLAN COMMISSION VILLAGE OF DEERFIELD
The Plan Commission of the Village of Deerfield held a Workshop Meeting at 7:30 P.M. on November 14, 2013 at the Village Hall, 850 Waukegan Road, Deerfield, Illinois.
Chairman Shapiro called the meeting to order.
Present were: Dan Shapiro, Chairman Larry Berg Alan Bromberg Elaine Jacoby Jim Moyer Mary Oppenheim Stuart Shayman
Also present: Jeff Ryckaert, Principal Planner Kathleen LéVeque, Associate Planner
Prefiling Conference: Text Amendment and Possible Special Use for CD One Price Cleaners at 190 N. Waukegan Road (portion of the former North Shore University Health Systems space)
Tony Stephens, Heritage Property Group, represented the petitioner, Deerfield LLC/ The Shoppes at Deerfield and CD One Price Cleaners at 190 N. Waukegan Road. Mr. Stephens introduced Cindy Brooks and Satish Vayuvegula - CD One Price franchisees for the proposed Deerfield store, Chris Gianotas - CD One Price District Manager and John Arbogast - CD One Price general contractor. The petitioner is requesting a 3,000 square foot dry cleaner in the C-2 Outlying Business District. CD One Price Cleaners is a “green” or eco-friendly dry cleaner and is in compliance with environmental laws. The petitioner is requesting the increase of 250 square feet of space for a dry cleaners which is an existing Permitted Use in the C-2, Outlying Commercial District.
Mr. Stephens pointed out that the petitioner’s request for a Text Amendment is in the public’s interest. Mr. Stephens noted that CD One Price Cleaners will attract viable basic necessity retail and service business to the C-2 Outlying Commercial District by providing a high level of customer service and value pricing. Since 2001, CD One Price Cleaners has undergone a rapid expansion operating 30 stores in the greater Chicago area. Mr. Stephens noted CD One Price Cleaner’s background and history in the submitted material and pointed out the eco-friendly nature of CD One Price Cleaners operation. CD One Price Cleaners is dedicated to conducting business in an environmentally responsible and sustainable manner and does not use perchloroethylene (perc) solvent which is still used by 80-90% of the dry cleaning industry. Perchloroethylene is listed as a hazardous air pollutant by the Clean Air Act. CD One Price Cleaners equipment selection and practices are state of the art in the dry Workshop Meeting November 14, 2013 Page 2 cleaning industry. More information on CD One Price Cleaner’s eco-friendly practices was provided in the submitted material to the Commission.
Mr. Stephens commented that this petition could also be approved as a Special Use and provided responses to the Special Use Criteria. Commissioner Oppenheim wanted clarification the Text Amendment and/or Special Use that the petitioner is requesting. Mr. Ryckaert explained the Text Amendment can be handled as either a Permitted Use or a Special Use. Mr. Ryckaert commented that granting a Text Amendment to this use could allow a dry cleaner to be a Permitted Use up to 3,000 square feet. Mr. Stephens noted that in 2001 the size of a dry cleaner space was increased from 2,000 to 2,750 square feet as Permitted Use in a Text Amendment. Regarding the 2001 recommendation on the increased square footage, Mr. Ryckaert commented that the Plan Commission concluded that increasing the size of a dry cleaner in the C-2 Outlying Commercial District would not have an adverse impact. Commissioner Oppenheim asked if dry cleaners are requiring larger spaces to conduct their business and if the 2,750 square foot size restriction is impractical. Mr. Ryckaert commented that the petitioner tried to work within the 2,750 square feet space, but was not able to do so because of the ceiling height. Mr. Stephens noted that if the ceiling height were higher the operator would be able to store more clothes into the existing footprint and not exceed the 2,750 square foot requirement. Chairman Shapiro asked for the sizes of the existing dry cleaners in the area. Mr. Ryckaert stated that dry cleaners in the Village are under the 2,750 square foot requirement. Commissioner Berg commented that in this case it was plausible for the increased size due to the low ceiling height. The Commissioners discussed if the increased size of 3,000 square feet for dry cleaners will become an industry standard. Mr. Satish Vayuvegula commented that most CD One Price Cleaners range between 2,800-3,200 square feet. They would like to be smaller due to leasing space costs, but due to the equipment associated with the volume of business that they expect this has been their store size range. Mr. Vayuvegula noted that smaller stores with higher ceiling heights are able to store their clothes by stacking them higher. He commented that they tried different configurations in the proposed space but they need the increase square footage due to the volume that they expect and the goals they need meet to be successful.
Chairman Shapiro commented that it seems the Commission is okay with the dry cleaner use in this space, but the Commission is concerned whether the increased size be addressed as a Text Amendment for a Permitted Use or a Special Use. Chairman Shapiro feels that if dry cleaners are over 2,750 square feet they deserve to be reviewed. He suggested a Text Amendment to make dry cleaners over 2,750 square feet a Special Use. Chairman Shapiro sympathizes with petitioners in the cost of the Special Use process, but believes a Special Use review is warranted over 2,750 square feet. The Commission discussed the keeping the Text Amendment at 2,750 square feet or increasing the size to 3,000 square feet. Commissioner Oppenheim commented that the Commission doesn’t have a problem with the proposed dry cleaner; the issue at hand is how it will be technically approved whether it is through a Text Amendment for a Permitted Use or a Special Use. Workshop Meeting November 14, 2013 Page 3
Commissioner Oppenheim had a question about the waiver of traffic and parking study. She asked if the Commission is comfortable with the traffic that will be generated from this new use. Chairman Shapiro did not feel the dry cleaner would generate more traffic than the prior doctor’s office and was comfortable waiving the traffic and parking study. Commissioner Oppenheim agreed with Chairman Shapiro in that the dry cleaner will not generate more traffic and parking but believes it would be wise to note the reason why the traffic study was waived if this petition is approved and goes to the Board of Trustees. Commissioner Shayman was comfortable with waiving the traffic and parking study. Chairman Shapiro asked to see the parking study done on the doctor’s office. Mr. Ryckaert commented that a traffic and parking study was not required for the doctor’s office because it was a Permitted Use in this district at that time. Mr. Stephens noted that he can address parking and traffic issues by responding to the Special Use criteria for this petition. The Commission wanted the parking and traffic responses addressed by the petitioner in the Special Use criteria.
Mr. Stephens noted that the peak period for CD One Price Cleaner’s customers is in the morning and the evening when customers find it convenient to drop-off and pick-up before and after work hours. Customer transactions typically last 2-3 minutes on average. The peak period for the Panera restaurant is during the lunch hour and does not conflict with CD One Price Cleaners peak period. The prior medical office parking and traffic was not in-and-out traffic and patient visits lasted longer on average compared to dry cleaner transactions. CD One Price Cleaners employees will park in the rear of the building and may also park in the adjacent animal hospital parking lot. This is also where the Panera restaurant employees park. Commissioner Oppenheim noted that there will be more ingress and egress activity. Mr. Stephens noted that Village Zoning Code does not have parking requirements for dry cleaners. Mr. Stephens commented that CD One Price Cleaners parking is considered similar to retail, and in 2001 when the Text Amendment increased the size of a Permitted Use up to 2,750 square feet, the retail parking requirement was used. Commissioner Berg asked if there were any restrictions for employee parking. Mr. Stephens stated that Panera employees have to use the adjacent animal hospital parking spaces. He also noted that they do not occupy all of the parking that they lease at the animal hospital parking lot. Commissioner Berg asked if this was a land restriction. Mr. Ryckaert stated that 14 parking spaces was a requirement for the Panera restaurant’s Special Use Permit. Commissioner Oppenheim asked if there was any anticipation to change the existing parking lot. Mr. Stephens commented that he would like to remove a concrete refuge island in the front of the stores which would add another parking space on the east side of the building.
The Commission is in favor of a Text Amendment for a Special Use to allow specifically a “green” dry cleaner over 2,751 square feet in the C-2 Outlying Commercial District. Mr. Stephens asked for clarification on the term “green” dry cleaner. The Commission indicated that “green” will be non perchloroethylene dry cleaners and could match the state mandated regulations in Public Act 97-1057 effective January 2013. P.A. 97-1057 regulates the way perchloroethylene (perc) is used, requiring dry cleaners to use best Workshop Meeting November 14, 2013 Page 4 management practices while using the solvent and requiring improved control and containment systems, better training, and more comprehensive reporting. Existing equipment that uses perc is grandfathered in with this law.
Document Approval
The documents were approved via email.
Designation of Representative for the next Board of Trustees Meeting
Commissioner Shayman will represent the Plan Commission at the November 18, 2013 Board Meeting.
There being no further business to discuss, a motion to adjourn was made and seconded.
Respectfully submitted, Daniel Nakahara Recent Correspondence with Village Attorney Peter Coblentz Regarding Green Dry Cleaners Green Dry Cleaners Kathleen G. LeVeque to: pcoblentz 11/25/2013 02:08 PM Cc: Jeffery S. Ryckaert
Hello Peter,
On December 12 the Plan Commission will hold a public hearing on a request for a Text Amendment and Special Use for a dry cleaners of 2,751 s.f. and over in the C-2 District (currently dry cleaners of 2,750 s.f. or less are a Permitted Use, and dry cleaners of 2,751 s.f. and over are not allowed). The applicant is CD One Price Cleaners and they also happen to be a "green" dry cleaner. They have indicated they do not use perchloroethylene (perc) and they participate in other eco-friendly practices (see attached CD One Price Eco-Friendly Practices).
Recall in 2012, as part of the discussion about updates to the C-2 District, the Plan Commission discussed green dry cleaners. Attached are portions of the 2012 Plan Commission recommendation and minutes where green dry cleaners were discussed.
Jeff and I are wondering the best way to write the Text Amendment so that it is for a green dry cleaner only. Do we need to be consistent with State law on how we define a green dry cleaners. Would we define a green dry cleaners as one that does not use perc, or are there other factors that we need to include when defining a green dry cleaner? Attached is an August 2012 press release from the Governor's office about new Illinois regulations for dry cleaners, although it seems as though Illinois regulations still allow the use of perc. Also, I have searched online to see if I can find another community that allows only green dry cleaners and what language they use, but so far I have not found any communities that only allow green dry cleaners.
We appreciate your thoughts on this matter.
Thank you,
Kathy LéVeque, AICP Associate Planner Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 (847) 719-7480 www.deerfield.il.us
CD One Price Eco-Friendly Practices.pdf 2012 Green Cleaners Discussion.pdf
2012 Illinois press release.pdf Re: Green Dry Cleaners Peter Coblentz to: Kathleen G. LeVeque 12/04/2013 02:12 PM Cc: "Jeffery S. Ryckaert" History: This message has been replied to. 1 attachment
Definitions relating to Dry Cleaning regulations.docx
Hello Kathy,
I think you're better off defining a green drycleaning facility is a way that is consistent with State law. Attached is a list of some important definitions contained in IEPA's regulations under the Drycleaner Environmental Response Trust Fund Act.
The strictest Deerfield regulation would be to authorize only drycleaners that utilize "green solvents" as defined in 35 Ill. Admin. Code § 1500.20.
A less strict definition would allow use of "Drycleaning machines with Solvent Reclaimers." If you go this way, I would suggest that the ordinance specifically exclude drycleaning machines that use perchloroethylene.
Here is a link to the Illinois Drycleaner Environmental Response Fund Council http://www.cleanupfund.org/index.shtml This is the "Council" referred to in the regulations. Here is a list of the solvents the Council currently classifies as "green solvents." http://www.cleanupfund.org/green_solvents.html
Your ordinance could also require that any green drycleaner have a license issued by the Illinois Drycleaner Environmental Response Fund Council
Peter Coblentz Rosenthal, Murphey, Coblentz & Donahue 30 N. LaSalle St., Suite 1624 Chicago, IL 60602
312.541.1070 (Office) 312.541.1073 (Direct) “Council” means the Drycleaner Environmental Response Trust Fund Council.
Ill. Admin. Code tit. 35, § 1500.20
“Green solvent” means a drycleaning solvent evaluated and classified by the Council with assistance from the Agency to be biodegradable that, if released into the environment, would not require remedial action per the Agency or per the United States Environmental Protection Agency.
Ill. Admin. Code tit. 35, § 1500.20
“Drycleaning solvent” means any and all nonaqueous solvents, including but not limited to a chlorine-based or petroleum-based formulation or product, including green solvents, that are used as a primary cleaning agent in drycleaning operations.
Ill. Admin. Code tit. 35, § 1500.20
“Drycleaning machine with a solvent reclaimer” means a petroleum-based or hydrocarbon- based drycleaning machine that utilizes a drying system in which the drycleaning solvent vapors from the drying process are captured and not emitted into the atmosphere.
Ill. Admin. Code tit. 35, § 1500.20
“Act” means the Drycleaner Environmental Response Trust Fund Act.
Ill. Admin. Code tit. 35, § 1500.20
Virgin facility” means a drycleaning facility that has never had chlorine-based or petroleum- based drycleaning solvents stored or used at the property prior to it becoming a green solvent drycleaning facility.
Ill. Admin. Code tit. 35, § 1500.20 Drycleaner Environmental Response Trust Fund of Illinois Page 1 of 1
The Illinois Drycleaner Environmental Response Trust Fund was developed to assist drycleaner operators in the cleanup of soil and groundwater contamination caused by drycleaning solvents.
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http://www.cleanupfund.org/index.shtml 12/6/2013 Compliance Programs - Drycleaner Environmental Response Trust Fund of... Page 1 of 1
Solvents Classified as "green"
The followingsolvents have been classified as "green" by the Council.
• CO2 • Propylene Glycol Ether DPnB • Green Earth
Backto Services
http://www.cleanupfund.org/green_solvents.html 12/6/2013 2012 Green Cleaners Discussion (Part of C-2 Text Amendments Discussion) 2012 Plan Commission Recommendation on C-2 Text Amendments
Current Food Store Definition in Article 14.02 to be Changed
The definition for "food store" currently exists in the Zoning Ordinance, but is in conflict with the list of Permitted Uses in Article 5.02-B,l. In 2002, the Plan Commission recommended that food stores, grocery stores, and supermarkets be moved from the list of Permitted Uses to the list of .Special Uses, and the Village Board approved this change. However, at this time, the Village did not change the definition of a food store which includes delicatessens, butcher shops, and fish markets - all of these food uses are listed as Permitted Uses in 5.02-B,l. Staff looked at the 2002 Plan Commission recommendation to see what the intent of the recommendation was. The type of stores mentioned in the 2002 recommendation are large grocery stores like Jewel and Whole Foods, not small specialty operations such as delicatessens, butcher/meat stores or fish stores. This conflict can be corrected by updating the definition of food stores. Below is the current definition of food stores, and the proposed new definition.
Current definition: FOOD STORES: Stores which sell foods and other items commonly sold in connection therewith. The term "food store" shall include, but is not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, butcher shops, health food stores, nut shops, fish markets and supermarkets. This term shall not include services for the consumption of food on the premises.
Proposed new definition: FOOP STORES: Stores which sell a variety of foods and other items commonly sold in connection therewith. The term "food store 11 shall include, but is not limited to, stores commonly referred to as fruit and vegetable markets, health food stores, grocery stores, and supermarkets. This term shall not include services for the consumption of food on the premises.
Additional Issues that Arose at the Plan Commission Meetings:
Drv Cleaners
The Plan Commission inquired if dry cleaners can be restricted to the "green" non-perc cleaners only. Village Attorney Peter Coblentz has researched the issue and indicated that the State of Illinois recently passed a new law, Public Act 97-1057 which will become effective in January 2013. P.A. 97-1057 regulates the way perchloroethylene (perc) is used, requiring dry cleaners to use best management practices while using the solvent and requiring improved control and containment systems, better training, and more comprehensive reporting . Existing equipment that uses perc is grandfathered in with the new law. This new law was supported by the dry cleaning industry. Village Attorney Peter Coblentz has indicated that with respect to environmental regulations, home rule communities can regulate concurrently with the State, but home rule regulation cannot be inconsistent with State regulations. Home rule communities face challenges with regulating environmental pollution because the rationale is that
12 environmental pollution does not respect local boundaries and is therefore not solely a matter pertaining to the government and affairs of the municipality. Therefore, statewide environmental policy is generally given primacy, and home rule regulations that conflict with state policy will be held invalid.
Peter Coblentz believes the Village of Deerfield could restrict new dry cleaners to "green" or non-perc cleaners, but it would be difficult to require existing dry cleaners to change to non-perc. He believes the Village may be able to require reporting and training for existing dry cleaners using perc, so long as such regulations remain consistent with the new State regulations. He also believes that with respect to zoning regulations, the Village can restrict dry cleaners to the customer service portion only and not allow a dry cleaning plant on the premises. Should the Village consider prohibiting on-site dry cleaning operations in some or all zoning districts, the Village should also consider the need for locating dry cleaning plants because the customer service portion of dry cleaning stores still depend on the dry cleaning process being completed at an off-site location.
Rental Tax
Commissioner Nadler informed the Plan Commission that in the State of Florida, communities can impose a rental tax on all leased commercial spaces. If a business generates sales tax, that sales tax gets credited to cover the rental tax for that business. For a business that does not generate sales tax, the rental tax serves to make up for lost sales tax revenue to the community. Village Attorney Peter Coblentz has been looking into the rental tax issue. He is not aware of any community in Illinois that has enacted this type of tax. In Florida, it is considered a sales tax. Mr. Coblentz believes in Illinois it would be looked at as a service occupation tax, and occupations are not permitted to be an object of home rule taxation in Illinois under the Illinois Constitution.
CONCLUSIONS
After studying the C-2 Outlying Commercial District over the last few months, the Plan Commission is concerned that large non-retail uses are allowed in the C-2 Outlying Commercial District as Permitted Uses. They are concerned about the strength and vitality of the commercial district if too much of the space in this zoning district is taken over by non-retail uses. The Plan Commission believes that it is important to strengthen retail so the C-2 district remains a vibrant and viable shopping area. The Plan Commission understands there is a great value to service uses, but they also believe that the enhancement of retail is a very valuable to the strength and success of this commercial area and the Village as a whole. Retail sales help the Village greatly, because retail generates sales tax for the Village helping to pay for Village services.
The Plan Commission is recommending several Text Amendments to help support the C-2 District as a viable and vibrant retail district. The Plan Commission believes the proposed Text Amendments help to promote and strengthen retail in the C-2 Outlying Commercial District. Text Amendments #1 and #2 make it more difficult for larger non-retail uses to
13 Workshop Meeting September 13, 2012 Page9 coming and going throughout the business day. Currently medical office use in this district is a Special Use and there are not too many medical office uses in this district. Staff noted that some of the larger buildings are approximately 250,000 square feet and this would allow a (10%) or a 25,000 square foot medical office in this size building. Commissioner Shayman suggested restricting the size of the medical office uses to alleviate parking concerns. Commissioner Nadler wondered if relaxing the zoning for medical uses is necessary in the 1·1 District.
Commissioner Nadler asked if the larger office buildings have cafeterias and if so, how the sales tax is handled. Mr. Ryckaert stated that if the cafeteria is selling food, the Village is collecting sales tax revenue. Mr. Ryckaert also noted that the daytime population in Deerfield is about 25,000 due to the office corridor, which helps our restaurants and retailers. There was no strong consensus from the Commission to add 1-1 District text amendment.
Commissioner Nadler suggested staff research putting restrictions on dry cleaners to only use non-polluting equipment. Commissioner Nadler noted that this would be an environmental initiative for the Village and gives the Village the opportunity go further than state law further by authorizing only environmentally friendly equipment.
Commissioner Nadler again suggested that the Commission examine the permitted uses in the C-2 District and be prepared to make any additions or deletions to the current list.
Commissioner Nadler suggested a moratorium on new non-retail uses in the C-2 District taking over a space that was formerly retail while the Commission is studying proposed text amendments. The Commission is concerned on how this could impact desirable businesses that want to locate in the C-2 District and want staff to discuss this with the Village Attorney.
A discussion ensued about how non-retail business over 20,000 square feet would be grandfathered in if the text amendments are eventually approved. The example used was the 25,000 square foot medical offices going into the Borders building. Would the owner of the medical offices be able to sell the business to another medical office user or would the use not be permitted. Mr. Ryckaert stated that the medical offices greater than 20,000 square feet would become legal non-conforming. The medical office use could be replaced by another similar medical office user within a certain time period before that use expires on that property.
Commissioner Nadler mentioned that in Florida communities can impose a rental tax on all leased commercial spaces. If a business generates sales tax, that sales tax gets credited to cover the rental tax for that business. For a business that does not generate sales tax, the rental tax serves to make up for lost sales tax revenue to the community. Rob asked staff to run this idea past the Village Attorney to see if a rental tax could work in Deerfield. Workshop Meeting November 08, 2012 Page 5
A discussion arose about the little response from the property owners in the C-2 Outlying Commercial Zoning District. Mr. Ryckaert noted all property owners in the C-2 District were notified. He said most of the Text Amendments deal with larger service uses over 10,000 square feet in size so the Text Amendments don't impact the smaller uses in the C-2 District.
Mr. Ryckaert also noted that Village Attorney, Peter Coblentz thought that the Village could limit dry cleaners to using non-perc cleaners. This was an issue Commissioner Nadler brought up, but he is not present tonight. Mr. Coblentz also feels that the Village can also prohibit dry cleaning plants on the premises.
Mrs. LeVeque noted that Mr. Coblentz is still looking into the rental tax questions that were raised in an earlier workshop meeting. Mr. Coblentz believes that a rental tax will be perceived as an occupation tax. Occupation taxes are not allowed in Illinois and no Illinois community has instituted a rental tax. Staff noted that the rental tax is more of a policy issue rather than a zoning issue and will be a Board decision.
Chairman Shapiro called for a vote on the Text Amendments as proposed in the November 1, 2012 staff memo and modified by the discussion in the public hearing that pertains to:
• Excludes the 13,100 square foot space and the 16,000 square foot Barking Lot building, both in Deerfield Park Plaza in Text Amendment #1. • Inserting the word "only" before "ground floor'' in Text Amendments #2 and #4. • Excluding The Barking Lot building in Deerfield Park Plaza from the 50% calculation in Text Amendment #4.
Commissioner Bromberg made a motion to approve the proposed Text Amendments to the C-2 Outlying Commercial District as modified. The motion was seconded by Commissioner Berg and the vote was as follows:
Ayes (5): Berg, Bromberg, Moyer, Shayman, Shapiro Nays (0): None
The recommendation will be sent to the Village Board for December 17, 2012 meeting.
5 190 N. Waukegan Road
Carson's KMONT D Restaurant OA R
Proposed CD One Price WAUKEGAN RD
Panera
Animal Hospital
020 40 80 120 160 Feet 1 inch = 80 feet ± Carson's 190 N. Waukegan Road Restaurant
Proposed CD One Price
Panera
Animal Hospital
015 30 60 90 120 Feet 1 inch = 60 feet ±
Village of Deerfield Plan Commission Public Hearing December 12, 2013
Applicant: Heritage Deerfield, LLC Property: 190 N. Waukegan Road, Deerfield, IL
1. Summary of Approval Request CD One Price Cleaners Attachments 2. Site Plan – Shoppes of Deerfield 3. Floor Plan – CD One Price Cleaners 4. Sign Plans – CD One Price Cleaners
VILLAGE OF DEERFIELD PLAN COMMISSION PUBLIC HEARING DECEMBER 12, 2013
Request: Approval of a 3,000 Square foot “Green” Dry Cleaners (CD One Price Cleaners)
Property: 190 N. Waukegan Road, the Shoppes of Deerfield, Deerfield, IL
Applicant: Heritage Deerfield, LLC
Zoning District: C-2 Outlying Commercial District
Relevant Code: Section 5.02-B Permitted Uses. The following use is permitted in the C-2 Outlying Commercial District: Dry Cleaning and Laundry Establishments, including self-service, coin- operated equipment, provided that the floor area devoted to any one such establishment (including floor area devoted to accessory uses as well as the principal use) shall not exceed 2,750 square feet. (O-01-27)
TEXT AMENDMENT CRITERIA
Request: Applicant requests a proposed Text Amendment to the Zoning Ordinance, to allow a 3,000 square foot Green Dry Cleaners (CD One Price Cleaners) to the existing C-2 Outlying Commercial District (an increase from 2,750 square feet to 3,000 square feet, which includes a 120 square foot boiler and mechanical room.
Public Interest Rational:
1. Economic Development The U.S. “Great Recession” of December 2007 to mid-2009 and subsequent slow economic recovery has resulted in higher commercial retail vacancies in many U.S. communities, and the suburban Chicago area is no exception. Certain segments of the retail market have experienced painful vacancies due to store closings, service business consolidations (e.g. the health care field), and slow small business expansion and general economic uncertainty.
However, certain retail and service segments have seen a resurgence. Attracting viable basic necessity retail and service business to the C-2 Outlying Commercial District is in the Public Interest. The addition of CD One Price Cleaners adds a needed consumer use to the Outlying Commercial District and to the Shoppes of Deerfield shopping center that will attract customers for the existing bakery/café Panera Bread and other sought after retail uses.
1
CD One Price Cleaners provides high levels of customer service and value pricing. Since 2001 it has been rapidly expanding its one-price concept and in 11 years, the company has opened 30 stores in the greater Chicago market. Please see the attached company background information entitled: “CD One Price Cleaners….One Day.One Price.Clean”
2. Green Dry Cleaners (Eco-Friendly) From an environmental “best practices” viewpoint, adding a focus on Green Dry Cleaners to the Text Amendment is in the Public Interest. CD One Price Cleaners is dedicated to conducting business in an environmentally responsible and sustainable manner. CD One Price does not use perchloroethylene solvent that is still used by 80% to 90% of the industry, even though it is listed as a hazardous air pollutant by the Clean Air Act. Equipment selections and operating practices are “state of the art” in the dry cleaning industry. Please see the attached CD One Price information sheet entitled “Eco- Friendly Initiatives and Practices.
SPECIAL USE CRITERIA (OPTIONAL)
1. Compatible with Existing Development The nature and intensity of the activities involved and the size, placement and design of any structures proposed will be planned so that the Use will be compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding property.
CD One Price Cleaners is seeking to open a store in a 3,000 square foot space, most recently occupied by NorthShore University Healthcare (vacated 3/31/13). Please refer to the attached Site Plan for the location. No alterations to the structure (exterior) will be sought. No unusual noises, odors or other “compatibility” issues are identified with the proposed use. The use will bring additional customers to the shopping center, which are compatible and synergistic with other retail uses and provide value priced Green dry cleaning services to the community. The proposed use will, in no way, impede the normal and orderly development and improvement of the surrounding property.
CD One Price Cleaners is open from 7am to 7pm Monday through Saturday and 10:30am to 5pm on Sunday. During the production hours of 7am to around 3pm in the afternoon, there are 10 to 12 employees on-site. From the time production stops to closing of business each day, 5 employees will continue to facilitate drop-off and pick-ups. To oversee the facility, each location has 3 managers: an assistant manager; a store manager; and a production manager. On average, 90% of the employees are employed full-time and all managers are full-time employees. The peak hours for customer visits are during the morning and the evening when customers find it convenient to drop-off and pick-up before and after work. Throughout the day there is a steady flow of customers as well. Each customer transaction, pick-up or drop-off, typically lasts only 2-3 minutes on average. During peak hours a CD One Price location may have as many as 12 customers either being serviced or waiting in line at a time.
2
Peak periods for the CD One Price Cleaners do not conflict with Panera Bread’s peak period during the lunch hour. When informed that the Center may have a 3,000 square foot CD One Dry Cleaners, the Panera Bread real estate director for Deerfield remarked that this is a “good co-tenancy use” for their business, with respect to low traffic and parking use during their peak lunch period. Not only will the use be good for attracting customers and retail sales to the Panera Bakery Café, but it will also be beneficial and support other sought after retail “name brand” uses.
2. Lot of Sufficient Size The size of the lot will be sufficient for the use proposed.
No changes to the lot, or exterior store dimensions are being requested.
3. Traffic The location of the Special Use within the Village will be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the Use.
The CD One Price Cleaners will not have an adverse effect on surrounding properties or traffic. No modifications are being requested.
4. Parking and Access Parking areas will be of adequate size for the particular use and properly located, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.
No changes to the lot or exterior store dimensions are being requested. Parking areas and loading areas in the rear of the use are adequate, and the entrances and exits shall remain as currently configured, which allow for proper traffic flow and safety.
5. Effect on Neighborhood In all respects the Special Use will not be significantly or materially detrimental to the health, safety and welfare of the public or injurious to the other property or improvements in the neighborhood, nor will it diminish or impair property values in the surrounding area.
Allowing the size of the dry cleaning use to be increased from 2,750 square feet to 3,000 square feet shall in no way will have a significant or materially adverse on surrounding properties or traffic.
6. Adequate Facilities That adequate utilities, access road, drainage and/or other necessary facilities have been or are being provided.
Adequate utilities, access roads, drainage and/or other necessary facilities are already being provided, no such changes are requested.
3
7. Adequate Buffering Adequate fencing and or screening shall be provided to ensure the enjoyment of surrounding properties, to provide for the public safety or to screen parking areas and other visually incompatible uses.
Adequate fencing and/or screening is currently provided to ensure the enjoyment of surrounding properties, and to provide for the public safety and screen parking areas.
8. If in C-1 Village Center District: That the establishment of the Special Use will not be injurious to the character of the C-1 Village Center District as a retail center for the Village.
Not Applicable.
` Waiver of Traffic Study The Plan Commission waived the Special Use criteria of a traffic study based upon Applicants presentation of the following supporting information. 1) The traffic and parking needs are similar to retail; 2) The increase in the area of permitted dry cleaners in a C-2 District from 2,750 square feet to 3,000 square feet by 250 square feet does not materially add to traffic and parking. 3) Peak customer drop-off and delivery is in the morning and evening, not during the peak lunch period. See the enclosed average customer counts per half hour during an average day for the Niles, Illinois store (actual data). The column “Incoming” denotes customers dropping off their laundry and the term “Outgoing” denotes a customer pick up. The counts are double counted since 10% to 15% of the customers drop off and pick up clothing at the same visit. The customer counts provided for the Niles CD One Price store has significantly greater population density in the 2 mile and 3 mile radius: Deerfield CD One Price Niles, IL store Population Population 1 mile 7,006 8,523 2 mile 33,508 71,948 3 mile 67,539 181,966
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History: CD One Price Cleaners, with headquarters in suburban Chicago has its roots in Houston, TX. The founders of the company first became involved in the dry cleaning industry in 1984 and since that time, the growing organization has been involved in every facet of the business. From real estate selection and store design to store operations and equipment refurbishment and distribution--the company has a broad range of experience.
The company relocated to Chicago from Houston in 2001 and has been rapidly expanding its one-price "superstore" concept. In just 11 years, the company has opened 30 stores in the Chicagoland area, establishing a strong footprint in the critical Chicagoland market.
Service & Production: Our well-trained, uniformed staff members greet each customer with a smile and an ear for any special requests or specific garment problems. And while they are waiting for service, our customers can help themselves to a free cup of gourmet coffee. At CD One Price Cleaners, we value high levels of customer service because while our customers may be initially drawn by our low prices, they become long-term customers because of the quality of our service. In fact, all our laundered shirts are hand-finished, ensuring an outstanding finished product. Well-honed operational procedures and state- of-the-art equipment clean clothing quickly and efficiently and because all the cleaning is done on-site, customers can drop off in the morning before 10:00am and pick-up the same day at 5:00 at no extra charge. Our low prices drive customers to our stores, but it is the quality of our services that keep them coming back. With a foundation of over 15 years of experience in all facets of the dry cleaning industry, the staff at CD One Price Cleaners remains committed to continuous operational improvement. By honing the efficiency of our operation, we are able to deliver an outstanding finished product at a great price. Our stores are typically around 3000 square feet and are welcoming, well-lighted stores where the production process is in open view for our customers, not hidden in the back like a traditional dry cleaner. And the combination of efficient operational processes and the latest high tech, environmentally friendly cleaning equipment allows us to clean a large number of garments every day.
Environmental Responsibility: CD One Price Cleaners has been dedicated to conducting our business in an environmentally responsible and sustainable manner since we were founded in 2001. We are proud to say we meet and exceed all state, federal and EPA regulations. CD One Price Cleaners’ commitment to environmental responsibility is driven by our sophisticated core business practices. We use modern, state-of-the-art equipment to conduct our business. We continue to be at the forefront of leading products that promote environmental responsibility. We work with state, federal and EPA officials to ensure we meet and exceed all environmental regulations. We are proud of our successful track record. We use a robust operations program to ensure our equipment is functioning at a high level. We have our own internal service team that conducts regularly scheduled preventative maintenance and service calls to keep our equipment in excellent working order. We have dedicated employees committed to on-going staff training and development and environmental regulation policies. We conduct regular training certification programs to educate staff on equipment maintenance and state and EPA environmental policies. We offer a hanger recycling program which has enabled us to recycle and re-use millions of hangers. We are committed to this program as well as to developing new recycling programs in the future. We are committed to continually reducing our consumption of electricity and natural gas. We strive to accomplish this goal through store design and equipment configuration improvements. CD One Price Cleaners is proud to communicate our environmental initiatives to the community. Through continued awareness and structured programs we will continue to conduct our business in an environmentally responsible and sustainable manner.
Customer Loyalty & Feedback: The CD One Price network of stores is signed up with Listen 360, an outside firm that specializes in customer feedback. New Customers are asked for their email address during the onboarding process. Once logged into the system, the e-mail address is sent to Listen 360. Listen 360 will then arbitrarily send periodic requests for customer feedback. . The simplicity and easy usability of the Listen 360 survey result in over 500 customer reviews per week! The results of the survey are sent to CD One Price Cleaners management team and franchise owners. The store operations team can use the feedback, which they receive on a daily basis to quickly and efficiently correct any store complaints, as well as, praise employees for jobs well done. Due to the quick response time to issues and continued priority of peak performance at each CD One Price location, building and retaining customer loyalty has become a part of everyday operation and service. It was as a result of customer feedback that the company initiated a credit card program and an email alert system to text customers when their cleaning is ready for pickup. CD One Price Cleaners is dedicated to the Total Customer Experience and receive a daily report card measuring their progress.
Location & Employees: CD One Price Locations are conveniently open from 7am to 7pm Monday through Saturday and 10:30am through 5pm on Sunday. During the production hours of 7am to around 3pm in the afternoon, there are 10-12 employees on-site. From the time production stops to closing of business each day, 5 employees will continue to facilitate drop-off and pick-ups. To oversee the entire facility, each location has 3 managers; an Assistant Manager, a Store Manager, and a Production Manager. On average, 90% of the employees are employed full-time and all managers are full-time employees. Typically, the peak hours for customer visits are during the morning and the evening when customers find it convenient to drop-off and pick-up before and after work. Throughout the day there is a steady flow of traffic as well. Each customer transaction, pick-up or drop-off, typically lasts only 2-3 minutes on average. During peak hours a CD One Price location may have up to 12 customers either being serviced or waiting in line at a time.
Eco‐Friendly Initiatives
And Practices
CD One Price Cleaners has been dedicated to conducting business in an environmentally responsible and sustainable manner since the founding in 2001. Though there are not set standards for “eco-friendly” or “green” cleaners, CD One Price Cleaners’ corporate culture, business owners and employees are dedicated to daily awareness of the environment and best-practices to be as environmentally friendly and sustainable as possible. From the products and equipment each location uses to in-store standards and training, each CD One Price location consistently seeks out opportunities to decrease environmental impact. Solvents & Equipment: CD One Price Cleaners continues to be at the forefront of leading products that promote environmental responsibility and a robust operations program to ensure our equipment is functioning at a high level. ZeroWASTE HX™ wastewater machine is the only machine with the preferred process for treatment of hazardous wastewater. Columbia Dry Cleaning IPURA machines use environmentally safe Class III A Hydrocarbons through a no-bath, power wash vapor phase process which requires less liquid and reduces the need for large storage of solvents. Internal service team that conducts daily, weekly and monthly scheduled preventative maintenance and service calls to keep our equipment in excellent working order. Meet and exceed all municipal, state, federal and EPA regulations and inspections. Though 80-90% of the industry still does, CD One Price does not use perchloroethylene solvent that has been listed as a hazardous air pollutant by the Clean Air Act International Agency for Research on Cancer. Use hydrocarbon machines use a petroleum based solvent that is much more environmentally friendly than the outdated “perc”, with state –of- the art equipment which also utilize significantly less solvent than the previous generations of the same machine. Hydocarbon solvent is a clean and environmentally kind solvent that admits no hazardous vapors. Training for Environmental Standards: Use modern, state-of-the-art equipment to conduct our business. Initial 5-week Manager training for each facility to ensure proper machine and chemical maintenance. Dedicated employees committed to on-going staff training and development and environmental regulation policies. Conduct regular training certification programs to educate staff on equipment maintenance and state and EPA environmental policies. In-store orientations with all new hires to review equipment safety and OSHA compliance relative to chemicals that are used in store and the proper use and handling of each. Other Programs: Offer a hanger recycling program which has enabled us to recycle and re-use millions of hangers. Continually reducing electricity and natural gas consumption through store design and equipment configuration improvements. During construction of any CD One Price build-out, floors are sealed and safety lips are installed around all machines to contain potential leaks or spills. Reusable bags are given to each new customer to bring in their items for cleaning. SH IVE I-1A-- ARCHITEC TURE+ENGINEERING~II ERY
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14-02-1 Agenda Item: ______
Subject: Resolution Authorizing the Award of a Commercial Waste Franchise to ______Lakeshore Recycling Systems, Inc. ______Approval Action Requested: ______Village Manger’s Office Originated By: ______Village President and Board of Trustees Referred To: ______
Summary of Background and Reason for Request
As the Board is aware, the second of the statutorily required public hearings was held on January 6, 2014. Should the Village Board decide to authorize a commercial waste franchise, an exemption ordinance will need to be drafted prior to the commencement date of May 1, 2015. Staff has drafted a memorandum outlining the proposed criteria for an exemption ordinance.
The Village Attorney has reviewed the commercial solid waste contract and all terms of the contract have been agreed to by Lakeshore Recycling Systems, as presented.
Assistant Lichterman will be present at the January 21, 2014, meeting to review the franchise contract and answer questions from the Board.
Reports and Documents Attached: Memorandum from Assistant Lichterman to Manager Street – Dated January 14, 2014 Resolution Commercial Solid Waste Agreement between Village of Deerfield and Lakeshore Recycling Systems Letter from CRM Properties – Dated December 31, 2013
January 21, 2014 Date Referred to Board: ______
Action Taken: ______
Memorandum DATE: January 14, 2014 TO: Kent Street, Village Manager FROM: Andrew Lichterman, Assistant to the Village Manager
SUBJECT: Commercial Waste Franchise Exemption Criteria
Introduction An exclusive commercial waste franchise will authorize a private entity to collect solid waste from all commercial properties within the Village. Should the Board approve a Commercial Waste Franchise with Lakeshore Recycling Systems, as recommended by staff at the January 21, 2014, Board meeting, an ordinance will need to be drafted outlining the criteria for businesses to be eligible for an exemption from the franchise. The exemption ordinance will need to be in place prior to the commencement of the commercial franchise, which is anticipated for May 1, 2015.
Proposed Criteria The advantages of the franchise are realized through economies of scale and therefore the need for exemptions should be clearly demonstrated.
Staff is proposing that the Village Manager have authority to grant exemptions to businesses in accordance with the following:
a. Any person or legal entity occupying any commercial building may file a written request with the Village Manager for an exemption from service from the Commercial Franchise Licensee. The request should be accompanied by appropriate documentation specifying and demonstrating the circumstances that necessitate the exemption, which may include, without limitation:
i. The requester’s business is subject to a corporate contract for scavenger services, the provisions of which are outside the requestor’s control;
ii. The requestor is subject to a written and binding contract with a scavenger previously licensed by the Village, which contract was effective prior to January 1, 2014. If the exemption is granted in connection with this section, the exemption shall terminate upon the expiration of the requestor’s contract.
iii. The requestor’s business requires a specialized solid waste or recycling service that the Commercial Franchise Licensee is unable to provide; or
iv. An exceptional hardship is demonstrated, which may also include comprehensive recycling service being provided through their current scavenger contract.
b. Within thirty (30) days after receipt of a request for an exemption, the Village Manager shall either grant or deny the exemption, in the Village Manager’s sole and absolute discretion.
c. Any person or entity to whom an exemption has been granted shall obtain scavenger services only from a scavenger that is licensed by the Village pursuant to Section 7-67(a) of Chapter 7 of the Deerfield Municipal Code.
d. Any person or entity denied an exemption under these provisions may appeal the denial in writing to the Village Board within ten (10) days after the date of the Village Manager’s written denial.
Conclusion The proposed criteria will protect the integrity of the commercial waste franchise but still allow for an exemption process for those commercial properties that demonstrate circumstances that necessitate an exemption.
I will be present at the January 21, 2014, Board meeting to present this item and answer questions. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ______
RESOLUTION NO. ______
A RESOLUTION AUTHORIZING THE AWARD OF A COMMERCIAL WASTE FRANCHISE TO TO LAKESHORE RECYCLING SYSTEMS, INC.
______
WHEREAS, the Village of Deerfield is authorized pursuant to Section 11-19-1 of the
Illinois Municipal Code, 65 ILCS 5/11-19-1 (the “Act”), to award a franchise in the manner
provided by Section 11-19-1 to a private entity for the collection of waste from non-residential
locations in the Village; and,
WHEREAS, the Village of Deerfield held a public hearing on June 17, 2013 to consider the
advisability of issuing a request for proposals (“RFP”) and awarding a franchise to a private entity to
provide commercial solid waste collection services from all non-residential locations within the
Village of Deerfield; and,
WHEREAS, written notice of said public hearing held on June 17, 2013 was duly provided
by certified mail on or about May 10, 2013 to all private entities that provide non-residential waste
collection services within the Village, and that the Village could identify through it public records;
and,
WHEREAS, public notice of said public hearing held on June 17, 2013 was published in the
Pioneer Press – Deerfield Review on May 16, 2013
WHEREAS, the Village of Deerfield issued an RFP on July 8, 2013 seeking proposals
submitted on or before September 9, 2013 for the provision of solid waste collection service to non-
non-residential customers within the Village; and,
-1-
WHEREAS, the Village received responses to its RFP from private entities interested in providing commercial solid waste collection services to non-residential customers within the Village
Village on or before September 9, 2013; and,
WHEREAS, public notice was published in the Pioneer Press – Deerfield Review and in the
Lake County News – Sun more than thirty (30) days in advance of the January 6, 2014 public hearing that the Village would conduct a public hearing on January 6, 2014 seeking comments at on the advisability of awarding a franchise to a private entity for the collection of waste from non- residential locations within the Village, and on the award of such a franchise to Lakeshore Recycling
Systems, Inc; and,
WHEREAS, the Village held a public hearing on January 6, 2014 seeking comments on the advisability of awarding a franchise to a private entity for the collection of waste from non- residential locations within the Village, and on the award of such a franchise to Lakeshore Recycling
Systems, Inc, and, among other things, disclosed and discussed that the Village would not receive a franchise fee under the proposed commercial waste collection franchise; and,
WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is in the best interests of the Village of Deerfield to award a franchise to Lakeshore Recycling Systems,
Inc. for the provision of commercial solid waste collection services from non-residential locations within the Village of Deerfield pursuant to the Commercial Solid Waste Services Agreement between Village of Deerfield and Lakeshore Recycling Systems, Inc., attached hereto as Exhibit A
(the “Agreement”); and,
WHEREAS, said Agreement further provides that the provision of commercial solid waste collection services from non-residential locations within the Village of Deerfield pursuant to said
Agreement will commence not sooner than May 1, 2015;
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals, being material to this Resolution, are
hereby incorporated and made a part of this Resolution as if fully set forth herein.
SECTION 2: Pursuant to Section 11-19-1 of the Illinois Municipal Code, the President and
Board of Trustees of the Village of Deerfield do hereby authorize and approve the award of a
franchise to Lakeshore Recycling Systems, Inc. for the provision of commercial materials collection,
transportation, recycling and disposal services for non-residential customers within the Village of
Deerfield as provided in said Agreement.
SECTION 3: That the Village President and Village Clerk be and they are hereby
authorized and directed to execute and attest said Agreement for and on behalf of the Village of
Deerfield.
SECTION 4: That this Resolution, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Resolution should: (a) contain terms
contrary to the provisions of current or subsequent non-preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Resolution
should be inconsistent with any non-preemptive state law, this Resolution shall supersede state law
in that regard within its jurisdiction.
SECTION 5: That this Resolution shall be in full force and effect upon its passage and
approval as provided by law.
PASSED this ______day of ______, 2014.
-3-
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this ______day of ______, 2014.
______Village President ATTEST:
______Village Clerk
-4-
COMMERCIAL SOLID WASTE SERVICES AGREEMENT
BETWEEN
VILLAGE OF DEERFIELD
AND
LAKESHORE RECYCLING SYSTEMS, INC.
DATED: ______
TABLE OF CONTENTS
Page
PREAMBLE 1
ARTICLE I DEFINITIONS Section 1.1 Definitions 1 Section 1.2 Rules of Construction 3
ARTICLE II SCOPE OF SERVICES Section 2.1 Commercial Services 3 Section 2.2 Private Services 3 Section 2.3 Revenue Collection 3 Section 2.4 Excluded Services 3 Section 2.5 Exempted Services 4 Section 2.6 Modification of Required Services 4 Section 2.7 Integration of RFP 4
ARTICLE III TERM OF SOLID WASTE & RECYCLING SERVICES AGREEMENT Section 3.1 Term of Agreement 4
ARTICLE IV SOLID WASTE COLLECTION AND DISPOSAL Section 4.1 Commercial Service 5 Section 4.2 Private Service 5 Section 4.3 Schedule and Location of Collection 5 Section 4.4 Disposal 6 Section 4.5 Solid Waste Collection Data 7
ARTICLE V COMPENSATION Section 5.1 Commercial Service 8
ARTICLE VI REVENUE COLLECTION Section 6.1 Billing of Accounts 9 Section 6.2 Commercial Service 9 Section 6.3 Private Service 9
ARTICLE VII TITLE TO COMMERCIAL MATERIALS Section 7.1 Title to Commercial Materials 10
ARTICLE VIII RECYCLABLE MATERIALS Section 8.1 Recyclable Materials Collection Service 10 Section 8.2 Recycling Marketing and Education 11
i
ARTICLE IX CUSTOMER SERVICE STANDARDS Section 9.1 Service Options; Changes in Service 11 Section 9.2 Office and Telephone 11 Section 9.3 Minimum Customer Service Standards 11 Section 9.4 Customer Service Survey 13 Section 9.5 Liaison 13
ARTICLE X BREACH; EVENTS OF DEFAULT AND REMEDIES Section 10.1 Breach by Contractor 13 Section 10.2 Events of Default and Remedies of Village 14 Section 10.3 Force Majeure 16
ARTICLE XI INSURANCE AND INDEMNIFICATION Section 11.1 Insurance 16 Section 11.2 Indemnification 16
ARTICLE XII MISCELLANEOUS Section 12.1 Non-Assignability 17 Section 12.2 Equal Employment Opportunity 17 Section 12.3 Prevailing Wages 19 Section 12.4 Performance Bond 19 Section 12.5 Equipment to be Used by Contractor 20 Section 12.6 Compliance with Laws 20 Section 12.7 Care and Performance 20 Section 12.8 No Alcohol or Drugs 21 Section 12.9 Non-Waiver 21 Section 12.10 Governing Law 21 Section 12.11 Severability 21 Section 12.12 Entire Agreement 21 Section 12.13 Notices 22 Section 12.14 Publicity 22 Section 12.15 No Interpretation against Drafter 23 Section 12.16 Independent Contractor 23
EXHIBITS
EXHIBIT A Pricing Sheets
EXHIBIT B Insurance Provisions
EXHIBIT C Form of Performance Bond
ii
This Solid Waste & Recycling Services Agreement ("Agreement") is made and entered into as of the _____ day of ______, 20__ by and between Lakeshore Recycling Systems, Inc., (the "Contractor") and the Village of Deerfield, Illinois (the "Village ").
PREAMBLE
WHEREAS, the Village, in order to protect the public health and welfare of its residents and commercial, industrial, and institutional entities, has deemed it necessary to collect, transport and dispose of Commercial Materials; and
WHEREAS, the Village is authorized pursuant to the provisions of Section 11-19-1 of the Illinois Municipal Code (65 ILCS 5/11-19-1) to provide for the method or methods of collection, transportation and disposal of municipal waste located within its boundaries and to provide that the method chosen may be the exclusive method to be used within its boundaries; and
WHEREAS, the Village desires to provide municipal waste collection, transportation and disposal services to its, commercial, industrial, and institutional entities, and to impose on its commercial, industrial and institutional entities rates and charges relating to such services; and
WHEREAS, the Village has determined that it is in the best interests of its commercial, industrial, and institutional entities to contract with a single waste hauler to collect, transport and dispose of (or sell) Commercial Materials at a facility or facilities mutually agreed upon by the Village and the Contractor; and
WHEREAS, the Contractor, pursuant to the terms of this Agreement and on behalf of the Village, is willing to collect, transport and dispose of (or sell) Commercial Materials at a facility or facilities mutually agreed upon by the Village and the Contractor;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained:
ARTICLE I DEFINITIONS
Section 1.1 Definitions
Whenever used in this Agreement, the following terms shall have the following meanings unless a different meaning is required by the context:
a) "Breach" means a breach of this Agreement by either the Village or the Contractor, in a manner described in Sections 10.1 or 10.2 of this Agreement.
b) "Village" means the Village of Deerfield, Illinois.
c) "Village Code" means "The Deerfield Code, Chapter 12," as amended.
d) "Commercial Service" has the meaning set forth in Section 2.1 of this Agreement.
e) "Commercial Materials" means Municipal Waste, Recyclable Materials, Landscape Waste, Organic Material and any other similar materials.
1 f) "Contractor" means Lakeshore Recycling Systems, Inc., an Illinois corporation, and its successors and assignees. g) "Customer" means an individual commercial, industrial, or institutional entity that is not otherwise receiving garbage, recycling, and/or organic material hauling services through a Village franchise agreement and that is authorized by law to receive such franchise services from the Village. h) "Event of Default" means a declaration of default by either the Village or the Contractor, as described in greater detail in Article X of this Agreement. i) “Franchise Territory” means all territory within the corporate limits of the Village of Deerfield. j) "Landscape Waste" means all accumulations of grass or shrubbery cuttings, leaves, tree limbs aquatic weeds, and other material accumulated as the result of the care of lawns, shrubbery, vines and trees, and as otherwise described at 415 ILCS 5/3.270.
k) "Municipal Waste" means garbage, refuse, industrial, lunchroom or other waste, and other material described at 415 ILCS 5/3.290 resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; provided, however, that "Municipal Waste" shall not include Recyclable Materials or Organic Material.
l) “Organic Material” means food scraps as described at 415 ILCS 5/3.197, and Landscape Waste as defined herein.
m) “Prior Rate” shall mean the rate paid by a Customer in the calendar month prior to the date on which the Contractor commenced the provision of Commercial Services to that Customer, for services similar to the Commercial Services.
n) "Private Service" means the collection of refuse and waste by the Contractor from Customers, that is not provided as Commercial Service, but which is provided pursuant to separate agreements or arrangements between a Customer and the Contractor.
o) "Recyclable Materials" means aluminum cans, tin, steel and bi-metal cans; clear, green and brown glass bottles and jars; newspapers, magazines, and mixed papers (junk mail, chipboard, white and colored paper, brown Kraft paper bags); corrugated cardboard, #1 PETE plastic containers and #2 HPDE plastic containers, #3-#5 plastic containers and bags, aseptic beverage containers, six-pack rings and twelve-pack bands, organic material, and any other material or materials which the Village and Contractor mutually identify as a "Recyclable Material" subsequent to the execution of this Agreement, pursuant to Section 8.1(d) of this Agreement.
p) "State" means the State of Illinois.
q) “SWALCO” means the Solid Waste Agency of Lake County.
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Section 1.2 Rules of Construction
a) Grammatical Usage and Construction. In construing this Agreement, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural, in any place in which the context so requires.
b) Defined Terms. All capitalized words and phrases throughout this Agreement shall have the meanings set forth in Section 1.1 and the other provisions of this Agreement.
c) Headings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement.
d) Calendar Days. Unless otherwise provided in this Agreement, any reference in this Agreement to “day” or “days” shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or federal holiday.
ARTICLE II SCOPE OF SERVICES
Section 2.1 Commercial Services
The Contractor shall provide, pursuant to this Agreement, complete service for designated collection from commercial, industrial, or institutional entities within the Franchise Territory, and, transportation and disposal (or sale) of, Commercial Materials at the facility or facilities determined by the Village (for the landfilling of Municipal Waste) or as mutually agreed upon by the Village and Contractor (for Recyclable Materials and Organic Material) from Customers (collectively, the "Commercial Services"). The Contractor shall be the sole and exclusive provider of Commercial Services under this Agreement.
Section 2.2 Private Services
The Contractor shall, on its own behalf (and not on behalf of the Village ), provide for the collection, transportation and disposal of all Private Service waste in accordance with the provisions of Section 4.2 of this Agreement.
Section 2.3 Revenue Collection
The Contractor shall, pursuant to this Agreement, provide revenue collection services in accordance with Article VI for all Commercial Services provided under this Agreement.
Section 2.4 Excluded Services
Notwithstanding any provision of this Agreement to the contrary, the following services are not included within this Agreement:
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a) Solid waste collection, transportation and disposal from all single-family and multi- family and townhome dwellings within the Village;
b) Temporary roll-off services;
c) Temporary construction/demolition debris collection and disposal services; and
d) Commercial Services otherwise exempt from this Agreement by the Village Code, as it may be amended from time to time.
Section 2.5 Exempted Services
Solid waste collection, transportation and disposal from any commercial, industrial and institutional Customers within the Village are not included within this Agreement if the Village approves the exemption of any such services under the terms of the applicable provisions of the Village Code.
Section 2.6 Modification of Required Services
The Village reserves the right to adjust or expand the scope of the Commercial Services required under this Agreement, upon thirty (30) days prior written notice to the Contractor, to accommodate changes in the definition of Commercial Materials or changes in the scope of services provided by SWALCO. The Village and the Contractor agree to negotiate an equitable adjustment to the Contractor's compensation under this Agreement required as a result of any adjustment or expansion of the scope of the Commercial Services.
Section 2.7 Integration of RFP
The terms of the Request for Proposals issued on July 8, 2013 ("RFP") are hereby incorporated as if fully set forth herein. Should any terms of the RFP directly conflict with the terms of this Agreement, the terms of this Agreement shall control.
ARTICLE III TERM OF SOLID WASTE & RECYCLING SERVICES AGREEMENT
Section 3.1 Term of Agreement
The initial term of this Agreement shall commence on May 1, 2015 ("Commencement Date"), and end on April 30, 2020. Upon the mutual written consent of both parties, this Agreement can be extended for one-year periods for up to five (5) additional calendar years. In accordance with the Illinois Municipal Code (65 ILCS 5/22-19-1) the Commencement Date for services under this Agreement shall not begin until 15 months after the date the Village approves this Agreement, which is accounted for in the Commencement Date established in this section.
At the end of any contract term the Village reserves the right to extend this Agreement for a period of up to ninety (90) days for the purpose of arranging to place a new contract in effect.
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ARTICLE IV SOLID WASTE COLLECTION AND DISPOSAL
Section 4.1 Commercial Service
a) Commercial Materials shall be collected by the Contractor in accordance with the schedule provided in Section 4.3 of this Agreement, and transported in accordance with Section 4.4 of this Agreement.
b) Beginning on the Commencement Date, the Contractor shall provide Commercial Services to all Customers within the Village which have not been approved for an exemption in accordance with Section 2.5 of this Agreement.
Section 4.2 Private Service
a) In addition to the Commercial Services provided by the Contractor under Section 4.1 of this Agreement, the Contractor may also make available, to all Customers, Private Service for all types of solid waste not otherwise covered by this Agreement, including, but not limited to, Hazardous Waste as defined by the Resource Conservation and Recovery Act, 42 U.S.C. §§6901-6992k.
b) For services provided pursuant to this Section 4.2, the Contractor agrees to keep available tractor loaders, trailers, and other necessary equipment. Upon the request of a Customer, the Contractor shall furnish an estimate for the cost of removal of any materials in connection with Private Services to be provided by the Contractor.
c) Nothing in this Agreement provides for exclusive rights of the Contractor to provide Private Service in the Village.
Section 4.3 Schedule and Location of Collection
a) Commercial Materials shall be collected in compliance with all applicable provisions of the Village Code. The Contractor acknowledges that the Village may amend certain provisions of the Village Code in conjunction with the Village’s consideration of the award of this Agreement, and agrees to comply with all applicable provisions of the Village Code, as may be amended.
b) Private Service waste shall be collected in accordance with the provisions of Section 4.2 of this Agreement on days to be mutually agreed upon by the respective Customer and the Contractor, and in compliance with all applicable provisions of the Village Code.
c) The Village agrees to cooperate in providing information, if any, relating to property vacancies or any other information that will assist the Contractor in the performance of its obligations under this Agreement.
d) The Contractor shall use its best efforts to provide Customer the level, quality and timing of Private Service as provided in Contractor’s agreement with Customer.
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Section 4.4 Disposal
a) Municipal Waste.
1) Municipal Waste shall be removed from the Village at the close of each day of collection, and shall be disposed of at one or more SWALCO-designated lawfully operated pollution control facilities at the Contractor’s sole cost and expense.
2) The Contractor acknowledges that the SWALCO-designated facilities in operation as of the effective date of this Agreement are the Countryside Landfill in Grayslake, the Veolia/Zion Landfill in Zion, the Pheasant Run Landfill in Kenosha County, Wisconsin, the Livingston Landfill in Livingston County, Illinois, the Lee County Landfill in Lee County, Illinois, and the Newton County Landfill in Newton County, Indiana. Notwithstanding the foregoing, the Village reserves the right to direct the Contractor to dispose of all Municipal Waste at an alternate pollution control facility.
3) The Contractor may request authorization to deliver Municipal Waste collected pursuant to this Agreement to another pollution control facility. The Contractor shall be required to present to the Village sufficient information relating to such other pollution control facility to demonstrate that its operations and experience are comparable in terms of environmentally effective practices and cost to the pollution control facilities designated from time-to-time pursuant to Section 4.4(a)(2). The Village shall exercise its reasonable judgment in determining whether such other pollution control facility satisfied the environmental and economic objectives of the Village as they may be established from time-to-time.
b) Recyclable Materials.
1) All Recyclable Materials shall be collected, separated and otherwise treated so as to facilitate the sale of Recyclable Materials to end-use markets or to Recyclable Material brokers. All collected Recyclable Materials shall be recycled regardless of the income received or the cost to the Contractor resulting from the sale of the Recyclable Materials.
2) The Contractor shall deliver all collected Recyclable Materials to a recycling facility of its choice and shall notify the Village in writing of the designation of such facility and shall further notify the Village in writing if a new recycling facility is selected to receive the Village’s Recyclable Materials. Notwithstanding the foregoing, the Village reserves the right to designate an alternate recycling facility that, in the sole opinion of the Village, provides greater financial benefits to the Village.
3) No Recyclable Materials may be deposited in a landfill or waste incinerator.
4) All Recyclable Materials shall be collected commingled (i.e., single stream) from the Customers.
c) Organic Material.
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1) All Organic Material shall be disposed of in a lawful manner.
2) Not less than 60 days prior to the date on which the Contractor commences disposal of Organic Material at a particular location, the Contractor shall notify the Village in writing of the designation of such location. Notwithstanding the foregoing, the Village reserves the right to reject any proposed location, or to direct the location of disposal to an alternate Organic Material facility that, in the sole opinion of the Village, is more cost effective than the facility previously being used by the Contractor under this Agreement.
3) No Organic Material may be disposed of at a landfill or solid waste incinerator, unless otherwise authorized by the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.) and approved in advance and in writing by the Village.
d) In the event that the Village directs the disposal of any Commercial Materials to any alternate facility pursuant to this Section 4.4, the Village and the Contractor agree to establish an equitable adjustment to the Contractor’s compensation under this Agreement as a result of an increase or decrease in realized costs.
Section 4.5 Solid Waste Collection Data
a) The Contractor shall provide to the Village, on a quarterly basis, a report on: (i) the quantity (in tons) of all commercial solid waste collected within the Village; (ii) recycling diversion data, including the quantity (in tons) of commercial recyclables and organic materials recycled and composted, and the number of business accounts that have recycling containers; and (iii) a breakdown of the number of Customers.
b) The Contractor shall prepare and deliver to the Village, at least once every 12 calendar months, a service matrix, which shall include, without limitation: the name, service address, billing address (if different), contact person, telephone number and fax number of each Customer; the type and quantities of containers located on each Customer's site; the frequency of collections from each site; and an itemization of the days of collections and the current service rate applicable to each Customer.
c) The Contractor acknowledges and agrees that program data and other public information will be provided by the Village to each Customer upon request.
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ARTICLE V COMPENSATION
Section 5.1 Commercial Service
a) For providing for, pursuant to this Agreement, the collection, transportation and disposal (or sale) of Commercial Materials at a facility or facilities determined by the Village, and for providing revenue collection services, the Contractor shall receive as compensation from each Customer the rates set forth in Exhibit A attached to this Agreement, except as provided in Section 5.1(b) of this Agreement, and as adjusted pursuant to Section 5.1(c) of this Agreement.
b) Notwithstanding the rates set forth in Exhibit A to this Agreement, if a Customer's Prior Rate is lower than the applicable rate set forth in Exhibit A, that Customer shall not be charged more than its Prior Rate for the Commercial Services during the period from the Commencement Date through and including April 30, 2016. Beginning on May 1, 2016, all such Customers shall have their Prior Rates adjusted pursuant to Section 5.1(c) of this Agreement. In order to be eligible for this Section a Customer must have entered into a contract that established the Prior Rate on or before January 1, 2014.
c) The rates identified in Exhibit A will adjust annually based on the change in the 12 previous months (January through December) Consumer Price Index (CPI-U) for Chicago-Kenosha-Gary - All Items, each May , beginning in 2016; provided, however, that the adjustment made pursuant to this Section 5.1(c) shall not be less than 2%, nor more than 3.5%. The Contractor shall notify the Village and any Customer within the Village in writing at least sixty (60) days prior to the effective date of any proposed increase in charges and such increase in charges shall not be effective until approved by the Village in writing as complying with the terms of this Agreement.
In the event there is a change in a federal, state or local law that increases the taxes or surcharges (not including private host agreements), the parties agree to negotiate a price adjustment if warranted. The Contractor shall notify the Village of such a change in law and shall submit documentation of the cost increases and the resulting impact on rates in Exhibit A. The parties will have sixty (60) days to mutually agree on a price adjustment for future services pursuant to this Agreement. If no agreement to a price adjustment is reached, then either party may terminate this Agreement upon 180 days notice.
d) The Contractor acknowledges and agrees that pursuant to Exhibit A of this Agreement, there shall be no charge for the weekly collection of Recyclable Materials from any individual Customer using up to and including a four (4) four cubic yard container. All other collections of Recyclable Materials shall be charged at the rates set forth in Exhibit A of this Agreement, including, without limitation, collections from Customers using multiple collection containers.
e) The Contractor is responsible for determining if each Customer is receiving sufficient service in terms of frequency of collection and on-site containers, as required by the Village Code. If the Contractor deems that the capacity of on-site storage at the site of a Customer is exceeded regularly, it shall recommend to the Customer an increase in collection frequency or an upgrade of the container size.
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f) In the event that a Customer is unable to utilize any of the containers identified in Exhibit A of this Agreement, the Contractor shall charge that Customer pro-rated rates for the provisions of the Commercial Services, based upon the size and type of containers utilized by that Customer. Such pro-rated rates are subject to approval by the Village, which approval shall not be unreasonably withheld.
g) The Contractor shall allow Customers to change their level of service, including changing the size of the collection containers and/or frequency of service, at no charge. Any Customer requesting a change in container due to its aesthetics or odor may be charged an exchange fee of $25 per container.
ARTICLE VI
REVENUE COLLECTION
Section 6.1 Billing of Accounts
Commercial Services provided under Section 4.1 of this Agreement are provided by the Contractor, pursuant to this Agreement. The Contractor shall perform, on a monthly basis in advance of services provided and pursuant to this Agreement, the billing and collection of Customers of all rates and charges relating to such Commercial Services. The Contractor may impose a late fee on accounts that are past due at least 45 days from the due date of the invoice. The maximum late fee penalty shall be 1.5% per month. The Contractor shall have the right to suspend service on all accounts that reach a past due balance of 60 days from the due date of the invoice, but must first notify the Village of all delinquent accounts where service may be affected or suspended at least 15 days prior to any suspension of service.
Section 6.2 Commercial Service
The Contractor shall, on a monthly basis, bill each Customer an amount payable for the collection, transportation and disposal (or sale) of Commercial Service waste and recycling for the following month. Each bill shall be payable by the Customer within thirty (30) days.
Section 6.3 Private Service
The Contractor may, but is not required to, include as an item on each Customer's bill an amount payable to the Contractor for the collection, transportation, and disposal of Private Service waste. The Contractor shall retain all amounts collected from each commercial entity pursuant to this Section 6.3. Alternatively, the Contractor may bill Customer separately for Private Service.
ARTICLE VII TITLE TO COMMERCIAL MATERIALS
Section 7.1 Title to Commercial Materials
The Contractor shall retain title to all Commercial Materials collected pursuant to this Agreement.
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ARTICLE VIII RECYCLABLE MATERIALS
Section 8.1 Recyclable Materials Collection Service
a) Commercial Recycling Service. The Contractor shall collect and manage Recyclable Materials in accordance with Article IV of this Agreement.
b) Recyclable Materials Collection Data. The Contractor shall provide to the Village and SWALCO a quarterly report on the weight (in tons) of all Recyclable Materials collected from Customers under this Agreement. The report shall also contain an approximate count of the number of Customers from which Recyclable Materials have been collected, in order to determine participation and diversion rates.
c) The Village shall have the right to add materials to the list of Recyclable Materials listed in Section 1.1(o) of this Agreement, pending the availability of disposal or resale markets for the added materials and the prior approval of the Contractor.
d) The Contractor, pursuant to this Agreement, shall ensure that all Recyclable Materials collected are properly processed and marketed. No collected Recyclable Materials shall be landfilled or incinerated, unless advance authorization to do so is given by the corporate authorities of the Village.
e) The Contractor shall sell all Recyclable Materials, other than Organic Material , that are collected under this Agreement. If changes in the market for the sale of any particular Recyclable Material makes continued collection of such Recyclable Material not economically feasible, the Contractor shall consult with the Village regarding the market changes of the affected Recyclable Material. The Village may, in its discretion, agree to remove from the list of Recyclable Materials any economically infeasible item upon such market change.
f) The Contractor agrees to meet periodically with representatives from the Village and the Deerfield business community to: (1) review the provision of commercial recycling pursuant to this Agreement; and (2) discuss the implementation of alternative approaches, programs and partnerships to improve the quality, quantity, and efficiency of commercial recycling and other sustainability initiatives within the Village.
g) The Contractor shall, at no additional cost to the Village, Customers or Village residents, host and provide one (1) paper shredding event annually at a mutually agreeable date, time and location for the Village of Deerfield to shred papers and files for disposal as Recyclable Materials.
h) The Contractor at no additional cost to the Village, Customers or Village residents collect and dispose of Recyclable Materials deposited in public recycling containers in the downtown area purchased and provided by the Village, as needed.
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Section 8.2 Recycling Marketing and Education
The Contractor shall make reasonable efforts to encourage all Customers to participate in the weekly collection of Recyclable Materials. Such reasonable efforts shall include without limitation meeting personally with representatives of each eligible Customer to provide each such Customer with information regarding recycling services under this Agreement. It is expected that: (a) by April 30, 2016 and at the end of each service year thereafter, at least 50% of all Customers will be receiving services from Contractor for the weekly collection of Recyclable Materials, and (b) by April 30, 2017, at least 75% of all Customers will be receiving services from Contractor for the weekly collection of Recyclable Materials. In the event that the Customer participation rate in the service providing weekly collection of Recyclable Materials does not average at least 75% [as reflected in the quarterly reports to be provided pursuant to Section 8.1(b)] by April 30, 2017, then Contractor shall meet with the Village on a semi- annual basis to review recycling participation among Customers and identify additional steps and programs that Contractor could reasonably undertake to enhance participation among Customers in the collection of Recyclable Materials.
ARTICLE IX CUSTOMER SERVICE STANDARDS
Section 9.1 Service Options; Changes in Service
The Contractor at its expense, shall be required to develop, print and distribute to all existing Customers, prior to the Commencement Date, and to all new Customers establishing regular service during the term of this Agreement, a brochure approved by the Village explaining the solid waste and recycling programs provided under this Agreement and the procedures for the Customers to modify or cancel the services provided by the Contractor. The brochure shall be updated and distributed whenever there is a change in the service or programs provided, or as directed by the Village.
Section 9.2 Office and Telephone
The Contractor shall maintain an office and telephone, toll free, for receipt of service calls or complaints, and shall be available for such calls on all business days from 7:00 a.m. to 5:00 p.m. The Contractor shall retain the services of at least one temporary full-time customer service representative to handle the addition of Customers to the Contractor’s service base during the first ninety days of the term of this Agreement. Additional customer service representatives shall be added as necessary to meet the minimum customer service standards set forth in Section 9.3 of this Agreement.
Section 9.3 Minimum Customer Service Standards
a) Complaints Generally. The Contractor shall cooperate with the Village in minimizing complaints from the Customers. A consistent pattern of failure to address complaints, or violations of Sections 9.3(a) through 9.3(h) of this Agreement (defined as having two (2) or more meritorious Customer complaints in a month that are referred to the Village per Section 9.3(d)), shall entitle the Village to exercise the remedies provided to it pursuant to Articles IX or X of this Agreement. A meritorious Customer complaint is defined as a complaint determined by the Village Manager to constitute: (i) a failure by Contractor to
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provide a Customer with Commercial Service or Private Service in compliance with this Agreement, and (ii) a failure by the Contractor to respond to the Customer complaint as required under Section 9.3(c). b) Contractor shall enter, log and maintain records of all complaints and their resolution in computerized format. At Village’s request, Contractor shall immediately e-mail Village records of such complaints and their resolution. c) Initial Response. The Contractor shall give prompt and courteous attention to all Customer complaints that it may receive. The Contractor shall respond personally to every Customer from whom a complaint is received within twenty-four (24) hours; except that if the Contractor receives a complaint about a missed scheduled collection, then the Contractor shall immediately investigate such complaint and, if such scheduled collection was not made in accordance with the terms of this Agreement, then the Contractor shall cause such collection to be made within twenty-four (24) hours after receipt of such complaint. If the Contractor does not respond within the twenty-four (24) hour timeframe the Village may, in addition to any other remedies provided under this Agreement, hire a private hauler or authorize the Customer to hire a private hauler to perform the service, and the Contractor shall be liable for compensating the Village or Customer for the reasonable costs associated with the private hauler’s services.
Where any dispute arises between a Customer and the Contractor as to the manner of placing waste or the nature of the contents or the like, the Contractor shall, and does hereby agrees in the specific instance to, remove the waste even though, in its opinion, it is improperly placed or contained. Thereafter, the Contractor may seek resolution of any dispute through court, mediation, or arbitration proceedings, at its election.
d) Referral to Village. If the Contractor is unable to resolve a Customer complaint in a manner satisfactory to both the Contractor and the Customer within forty-eight hours after receipt of such complaint (“Impasse”), then the Contractor, within forty-eight (48) hours after Impasse , shall deliver notice of such complaint to the Village Manager, which notice shall include the name and address of the Customer, the date and hour the complaint was received, the nature of the complaint, and the Contractor’s response to the complaint. The Village Manager or his or her designee shall arbitrate and decide each such complaint, and the Village Manager’s or his or her designee’s decision concerning each such complaint shall be final and binding on the Contractor and the Customer.
e) Answering Calls. During normal business hours and under normal operating conditions, a customer service representative employed by the Contractor shall answer the telephone access line. Ninety percent (90%) of the calls made to the customer service center shall be answered within thirty (30) seconds. The thirty (30) second maximum includes wait time or time spent ‘holding’ for a customer service representative.
f) Busy Signals. Customers placing calls to the customer service center shall receive a busy signal no more than five percent (5%) of the time.
g) Transferring Calls. During normal business hours, if after initially addressing a Customer’s concern, the customer service representative determines that the call should be transferred to another representative of the Contractor, the Customer shall be connected with a customer service representative within thirty (30) seconds thereof.
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h) Hang-ups. Incoming telephone calls from Customers shall not exceed an abandonment rate of five percent (5%).
i) Compliance Rate. During normal business hours, the minimum standards set forth in this Section 9.3 shall be met no less than ninety percent (90%) of the time, measured on a monthly basis. Reports shall be provided to the Village on a monthly basis providing a log of inquiries received and action taken to address each complaint and call. The Contractor shall also distribute to the Village a log providing data which tracks the customer service representatives’ adherence to the standards set forth in Section 9.3(a) through 9.3(h) of this Agreement, as the Village may request in its discretion, on a monthly basis. The Village reserves the right to audit the Contractor’s complaint procedures as required by this Section 9.3.If the records and/or audit indicate a clear failure of the Contractor to comply with the minimum standards set forth in Sections 9.3(a) through 9.3(h) of this Agreement, then the Village reserves the right to require the Contractor to implement modifications to its customer service center to bring it into compliance with the requirements of this Section 9.3.
Section 9.4 Customer Service Survey
The Contractor will, every other calendar year, conduct a Customer service survey to assess the Contractor’s service performance under the Agreement, in a form, of a content, and administered in a manner to be approved in advance by the Village.
Section 9.5 Liaison
The Contractor shall designate in writing a person to serve as agent for the Contractor and liaison between the Contractor and the Village.
ARTICLE X BREACH; EVENTS OF DEFAULT AND REMEDIES
Section 10.1 Breach by Contractor
Each of the following shall constitute a Breach on the part of the Contractor:
a) A material or repeated failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a).
b) Failure of the Contractor to pay, within thirty (30) days after notice from the Village of nonpayment, amounts which are undisputed or which are due to the Village under this Agreement;
c) Repeated failure of the Contractor to comply with Section 9.3 of this Agreement;
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d) Unless due to Force Majeure, a failure of the Contractor to provide Commercial Service for one or more Customers for a period of three (3) or more consecutive days following any scheduled collection date, or for a total of seven (7) or more days in the aggregate during the term of this Agreement.
e) A failure of the Contractor to provide Commercial Service for one or more Customers for a period of seven (7) or more consecutive days, whether due to Force Majeure or not.
f) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement not referenced within Sections 10.1(a) or 10.1(b) of this Agreement, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) days after notice to the Contractor from the Village of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or
g) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (2) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Agreement.
Section 10.2 Events of Default and Remedies of Village
a) If a Breach occurs under Section 10.1 of this Agreement, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies:
1) The Village may terminate this Agreement immediately, upon notice to the Contractor. Subject to the provisions of subparagraph (5) below, upon such termination, the Contractor shall cease providing all services under this Agreement.
2) The Village may seek and recover from the Contractor any unpaid amounts due the Village along with all of its substantiated costs for the failure of the Contractor to perform any obligation under this Agreement, and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Agreement, and whether incidental, consequential, indirect or punitive, resulting from the Breach.
3) The Village may (A) call upon the sureties to perform their obligations under the performance bond, or (B) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required
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services by its own devices, or may enter into a new agreement for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services.
4) The Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the State as it may deem best, including any suit, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law.
5) Upon any such termination of this Agreement, the Contractor shall, for a period to be determined by the Village in its sole and absolute discretion, but not longer than six (6) months, continue to perform the contractual services during which period the businesses shall pay the Contractor its scheduled compensation. b) No remedy by the terms of this Agreement conferred upon or reserved to the Village is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Village. No delay or omission to exercise any right or power accruing upon any Event of Default or Breach shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or Breach or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default or Breach shall extend to or shall affect any subsequent Event of Default or Breach or shall impair any rights or remedies consequent thereto. c) If the Contractor misses a collection under the Commercial Service, the collection must be corrected within 24 hours of the reported missed collection, or a charge of $50 per missed collection will be charged to the Contractor; provided, however, that the Contractor shall not be charged under this Section 10.2(c) for collections missed due to a labor dispute involving the Contractor’s labor force if the missed collection is rectified within seven (7) days after the missed collection. All charges levied against the Contractor under this Section 10.2(c) shall be credited to the affected Customer's account within 30 days after receipt of an invoice therefore. d) In the event of a strike or other labor stoppage, Contractor shall notify the Village within 24 hours after commencement of the strike or labor stoppage. If such strike or labor stoppage does not end within seven (7) business days of such notification, the Contractor will provide the Village with refuse collection dumpsters located in at least four (4) geographic locations for commercial customer drop-offs, which locations shall be mutually acceptable to the parties. In the event of a strike, that does not end within 14 days of notification, the Contractor will agree to meet with the Village and negotiate the potential provision of a credit for commercial customers under the agreement due to non- collection; provided however that any credit given, if any, shall be mutually agreed to by both parties. e) This Section 10.2 shall survive the termination of this Agreement.
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Section 10.3 Force Majeure
Neither the Contractor nor Village shall be liable for failure to perform their duties or for any resulting damage or loss if such failure is caused by a catastrophe, terrorism, riot, war, fire, accident, act of God, or other similar contingency that is beyond the reasonable control of the Contractor or the Village including without limitation: extraordinary inclement weather; explosion; widespread lack of adequate fuel, power, raw materials, labor or transportation facilities; material changes in governmental laws, regulations, requirements, orders, or actions, the impact of which is unrelated to Contractor, the Village, or Contractor's or the Village's performance, or failure to perform; national defense requirements; injunctions or restraining orders; and labor trouble and strike. In the event the Contractor asserts a right to suspend performance under this Section, the Contractor shall (i) within twenty-four (24) hours after it has knowledge of the effective cause, notify the Village of the cause for suspension, the performance suspended and the anticipated duration of suspension and (ii) advise the Village when the suspending event has ended and when performance will be resumed. Once the suspending event ends, the Contractor shall promptly resume performance.
ARTICLE XI INSURANCE AND INDEMNIFICATION
Section 11.1 Insurance
a) The Contractor shall maintain for the duration of this Agreement and any extensions thereof, insurance issued by a company or companies qualified to do business in the State of Illinois and that meet the requirements set forth in Exhibit B. The Contractor shall provide the Village with a certificate of insurance indicating that such insurance coverage meets the requirements contained in Exhibit B. The Contractor shall also provide Customers with a certificate of insurance upon request by the Customer.
b) Insurance premiums shall be paid by the Contractor and shall be without cost to the Village.
c) Under no circumstances shall the Village be deemed to have waived any of the insurance requirements of this Agreement by (1) allowing any services under the Agreement to commence before receipt of certificates of insurance, (2) by failing to review any certificates of insurance, or (3) by failing to advise the Contractor that any certificate of insurance fails to contain all of the required insurance provisions or is otherwise deficient in any manner. Contractor agrees that the obligation to provide the insurance required by this Agreement is solely its responsibility and that its obligations cannot be waived by any act or omission of the Village.
Section 11.2 Indemnification
a) The Contractor agrees to indemnify, defend and hold harmless the Village, its officials, employees, agents, representatives and attorneys (the “Indemnitees”), in both their official and individual capacities, from and against any and all injuries, deaths, claims, losses, damages, suits, demands, actions and causes of actions, expenses and fees,
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including reasonable attorneys' fees and costs, which may accrue against the Indemnitees in consequence of entering into or performance or breach of this Agreement or which may result from or arise out of any action or omission of the Contractor, its officers, employees, agents or subcontractors, including, without limitation, any action or omission related to the disposal of any Commercial Materials in a landfill.
b) Contractor further agrees to indemnify, defend and hold harmless the Indemnitees from and against any and all injuries, deaths, claims, losses, damages, suits, demands, actions and causes of actions, expenses and fees, including reasonable attorneys' fees and costs which may accrue against the Indemnitees on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, in any way related, directly or indirectly, to Contractor’s performance under this Agreement, compliance with which is left by the Agreement to the Contractor. In the specific instance of a claim or suit brought by a private waste management company or a trade association of private waste management companies against the Village as a result of entering into this contract the Contractor shall be responsible for only the first $25,000 in reasonable attorney’s fees and costs.
c) In the event that the Contractor does not undertake to defend or indemnify the Indemnitees unconditionally from and against any and all injuries, deaths, claims, losses, damages, suits, demands, actions and causes of actions, expenses, fees, including attorneys' fees, and costs which may accrue against the Indemnitees in consequence of entering into this Agreement (or in the event that the Contractor does not deliver written confirmation to the Village of such unconditional undertaking within 15 days after written request from the Village), the Village shall have the right to terminate this Agreement; provided, however, that the Contractor's obligations under Section 11.2 shall survive any such termination.
ARTICLE XII MISCELLANEOUS
Section 12.1 Non-Assignability
The Contractor shall not assign this Agreement or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the corporate authorities of the Village. The Contractor shall not assign or subcontract this Agreement or the work hereunder, or any part thereof, to any other person, firm, or corporation without prior written consent of the Village, but the Contractor may perform its obligations hereunder through its subsidiaries or divisions. Such assignment shall not relieve the Contractor from its obligations or change the terms of Agreement.
Section 12.2 Equal Employment Opportunity
a) In the event of the Contractor's noncompliance with the provisions of this Section 12.2, the Illinois Human Rights Act or the Illinois Department of Human Rights Rules and
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Regulations, the Contractor may be declared ineligible for future contracts or subcontracts with the State or any of its political subdivisions or municipal corporations, and this Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. b) During the performance of this Agreement, the Contractor agrees as follows:
1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service; and further, that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such under-utilization.
2) That, if it hires additional employees in order to perform this Agreement or any portion hereof, it will determine the availability (in accordance with the Illinois Department of Human Rights Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not under-utilized.
3) That, in all solicitations or advertisements for employees placed by the Contractor or on the Contractor's behalf, the Contractor will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service.
4) That the Contractor will send to each labor organization or representative thereof with which it is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Contractor's obligations under the Illinois Human Rights Act and the Illinois Department of Human Rights Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Contractor in its efforts to comply with such Act and Rules and Regulations, the Contractor will promptly notify the Illinois Department of Human Rights and the Village, and will recruit employees from other sources when necessary to fulfill the Contractor's obligations thereunder.
5) That the Contractor shall submit reports as required by the Illinois Department of Human Rights Rules and Regulations, furnish all relevant information as may from time to time be requested by the Illinois Department of Human Rights or the Village, and in all respects comply with the Illinois Human Rights Act and the Illinois Department of Human Rights Rules and Regulations.
6) That the Contractor shall permit access to all relevant books, records, accounts and work sites by personnel of the Village and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Illinois
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Human Rights Act and the Illinois Department of Human Rights Rules and Regulations.
7) That the Contractor shall include, verbatim or by reference, the provisions of this Section 12.2 in every subcontract it awards under which any portion of the Agreement obligations are undertaken or assumed, so that such provisions will be binding upon each subcontractor. The Contractor will promptly notify the Village and the Illinois Department of Human Rights in the event any subcontractor fails or refuses to comply therewith. In addition, the Contractor will not utilize any subcontractor ineligible for contracts or subcontracts with the State or any of its political subdivisions or municipal corporations.
c) During the term of this Agreement, the Contractor shall comply in all respects with the Equal Employment Opportunity Act. The Contractor shall have a written equal employment opportunity policy statement declaring that it does not discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Findings of non-compliance with applicable State or federal equal employment opportunity laws and regulations may be sufficient reason for revocation or cancellation of this Agreement.
Section 12.3 Prevailing Wages
a) To the extent the Prevailing Wage Act or similar laws apply, not less than the prevailing rate of wages, as determined by the Village or the Illinois Department of Labor, or determined by a court on review, shall be paid to all laborers, workers and mechanics performing work under this Agreement. The Contractor and each subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed by them on this Agreement and showing the actual hourly wages paid to each such person.
b) To the extent applicable, the Contractor shall comply with all applicable provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. In addition, the Contractor and each subcontractor shall preserve their weekly payroll records for a period of three (3) years after the date of termination of this Agreement.
Section 12.4 Performance Bond
The Contractor shall furnish a performance bond for the faithful performance of this Agreement, in substantially in the form attached to this Agreement as Exhibit C, to be executed by a responsible surety company and to be in the penal sum of $200,000. Such performance bond shall be furnished annually by the Contractor for the following contract year, and shall indemnify the Village against any loss resulting from any failure of performance by the Contractor. The initial bond shall be posted on or before the Commencement Date, and each successive bond shall be posted not later than January 1 of each successive calendar year.
Section 12.5 Equipment to be Used by Contractor
a) The Contractor agrees to collect all materials described in Section 4.1 of this Agreement in fully enclosed, leak proof, modern trucks. All vehicles and collection equipment will
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be kept in safe, operable condition. Any equipment that is used by the Contractor, that is determined to be unsafe, or in an overall poor condition by the Village, shall be replaced at the request of the Village. Equipment used for Private Service described in Section 4.3 of this Agreement may be open body trucks, dump trucks and similar type equipment. When open body trucks are used, the Contractor shall take such action as is necessary to prevent littering and blowing debris.
b) Beginning on May 1, 2015 and throughout the remainder of the term of this Agreement: (1) all primary collection trucks used by the Contractor for the provision of Commercial Services shall operate on Compressed Natural Gas ("CNG").
c) Contractor shall provide collection containers to all Customers. Containers used in connection with the provision of Commercial Services by the Contractor pursuant to this Agreement shall be operable, safe and free of graffiti. Any container in disrepair of this sort shall be replaced within three (3) days of notification by the Village. Containers with plastic lids that are ill-fitted or warping shall be replaced within three (3) days of notification by the Village, in order to maintain a tight fitting seal to prevent access by pests. All containers will be adequately demarcated with the Contractor’s logo. Each container will have an inventory control number demarcated on each container that is cross-referenced to the service matrix.
d) All equipment used by Contractor for the provision of Commercial Services and Private Services pursuant to this Agreement shall be properly licensed by the State and shall conform to all federal and State equipment safety standards.
e) Contractor shall keep and maintain all collection containers used in connection with the provision of Commercial Services in good and serviceable working condition, including but not limited to Recyclable Material containers that the Village may, in its sole discretion, purchase and provide for use in the provision of public recycling in the downtown area.
Section 12.6 Compliance with Laws
a) Notwithstanding any other provisions in this Agreement, the Contractor shall comply at all times with all applicable federal, State and municipal laws, ordinances and regulations at any time applicable to the Contractor's operations under this Agreement, with no increase to the Contractor's compensation as set forth in this Agreement.
b) Contractor certifies that it, at all times, will be in compliance with the Illinois Human Rights Act including, but not limited to, the requirements imposed upon entities having a contract with a public entity by 775 ILCS 5/2-105(A) and the requirement that the Contractor have a written sexual harassment policy that meets the requirements of 775 ILCS 5/2-105(A(4).
c) The Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect.
Section 12.7 Care and Performance
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a) The Contractor shall undertake to perform all services rendered hereunder in a timely, neat, thorough and competent manner, without supervision by the Village, and to use care and diligence in the performance of all specified services and to provide neat, orderly, uniformed and courteous employees and personnel on its crews.
b) The Contractor shall be liable to the Village for damage to Village rights-of-way caused in connection with the provision of the Commercial Services or Private Services, ordinary wear and tear excepted.
c) To the extent that the Contractor or its employees or agents violate any provisions on the Village Code, the Contractor shall be liable for fines due under the Village Code arising in the course of its provision of services under this Agreement.
d) The Contractor acknowledges, and the Parties agree that, with respect to the Commercial Services to be provided to Customers under this Agreement, the Customers are third- party beneficiaries of this Agreement.
Section 12.8 No Alcohol or Drugs
The Contractor shall prohibit and use its best efforts to enforce the prohibition of any drinking of alcoholic beverages or use of illegal drugs by its drivers and employees while on duty or in the course of performing their duties under this Agreement.
Section 12.9 Non-Waiver
The failure of either Village or Contractor to insist on the other party’s strict compliance with the terms and conditions contained in this Agreement shall not constitute a waiver of Village’s or Contractor’s right to insist that the other party in the future strictly comply with any and all terms and conditions contained in this Agreement and to enforce such compliance by any appropriate remedy.
Section 12.10 Governing Law
This Agreement and the rights of the Village and the Contractor under this Agreement shall be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois.
Section 12.11 Severability
The provisions of this Agreement shall be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Agreement, shall be in any way affected thereby. The unenforceability of any provision of this Agreement in a specific situation shall not affect the enforceability of that provision in any other situation.
Section 12.12 Entire Agreement
This Agreement sets forth the entire agreement of the Village and the Contractor with respect to the provision of the Commercial Services and compensation therefore, and there are no other understandings or agreements, oral or written, between the Village and the Contractor with respect to the Commercial Services and the compensation therefore, nor was the making and execution of this
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Agreement induced by any representation, statement, warranty, agreement, or action other than those expressed or explicitly referenced herein.
Section 12.13 Notices
All notices required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier or (iii) by certified mail, return receipt requested, and deposited in the U.S. mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section, each party shall have the right to change the address or addressee, or both, for all future notices and communications to the other party but no notice of a change of address or addressee shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the following address:
Village of Deerfield 850 Waukegan Road Deerfield IL 60015 Attention: Village Manager
With a copy to: Peter D. Coblentz Rosenthal, Murphey, Coblentz & Donahue 30 N. LaSalle Street, Suite 1624 Chicago, IL 60602
Notices and communications to the Contractor shall be addressed to, and delivered at, the following address:
Lakeshore Recycling Systems 6132 W. Oakton Avenue Morton Grove, IL 60053 Attention: Joshua Connell
With a copy to:
Holland & Knight 131 S. Dearborn Street 60603 Attention: Michael Jones
Section 12.14 Publicity
The Village’s name or insignia, photographs of the Village, or any other publicity pertaining to the provision of the Commercial Services shall not be used in any magazine, trade paper, newspaper, or other medium without the express written consent of the Village.
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Section 12.15 No Interpretation against Drafter
This Agreement has been negotiated by all Parties and shall not be construed against any Party as the drafter of this Agreement.
Section 12.16 Independent Contractor
Contractor acknowledges and agrees that the relationship of the parties hereunder shall be that of independent contractor and that neither Contractor nor its employees shall be deemed to be an employee of the Village for any reason whatsoever. Neither Contractor nor Contractor's employees shall be entitled to any Village employment rights or benefits whatsoever. Contractor is only authorized to operate pursuant to this Agreement, and shall not be deemed an Agent of the Village when engaging in the activities authorized hereunder.
[Signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, all on the day and year first above written.
CONTRACTOR VILLAGE OF DEERFIELD
By: By:
Its: Its: ______
ATTEST: ATTEST:
By: By:
Its: Its: ______
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EXHIBIT A
PRICING SHEETS
Exhibit A COST PROPOSAL FOR THE VILLAGE OF DEERFIELD COMMERCIAL SOLID WASTE HAULING & DISPOSAL SERVICES
Container Size Frequency of Service 1x Wk 2x Wk 3x Wk 4x Wk 5x Wk 6x Wk 7x Wk 65 gallon 15.00$ $ 28.00 $ 42.00 $ 58.00 $ 74.00 $ 90.00 $ 105.00 95 gallon 16.00$ $ 32.00 $ 48.00 $ 64.00 $ 80.00 $ 98.00 $ 126.00 1 cy 28.00$ $ 56.00 $ 84.00 $ 120.00 $ 155.00 $ 190.00 $ 240.00 *1 cy compacted 45.00$ $ 85.00 $ 120.00 $ 160.00 $ 200.00 $ 290.00 $ 330.00 1.5 cy 32.00$ $ 64.00 $ 100.00 $ 140.00 $ 180.00 $ 220.00 $ 260.00 *1.5 cy compacted 65.00$ $ 135.00 $ 210.00 $ 290.00 $ 370.00 $ 450.00 $ 550.00 2 cy 36.00$ $ 74.00 $ 110.00 $ 145.00 $ 185.00 $ 230.00 $ 270.00 *2 cy compacted 75.00$ $ 145.00 $ 220.00 $ 300.00 $ 380.00 $ 460.00 $ 560.00 4 cy 62.00$ $ 124.00 $ 188.00 $ 260.00 $ 325.00 $ 395.00 $ 470.00 6 cy 87.00$ $ 172.00 $ 258.00 $ 336.00 $ 420.00 $ 505.00 $ 615.00 *6 cy compacted 225.00$ $ 450.00 $ 675.00 $ 950.00 $ 1,200.00 $ 1,475.00 $ 1,775.00 8 cy 118.00$ $ 230.00 $ 345.00 $ 480.00 $ 595.00 $ 710.00 $ 860.00 10 cy 133.00$ $ 260.00 $ 390.00 $ 530.00 $ 660.00 $ 790.00 $ 950.00
20 yard roll off 360.00$ per haul **5 ton limit 30 yard roll off 395.00$ per haul **6 ton limit 40 yard roll off 450.00$ per haul **7 ton limit
Collection Only** Leased Service 20 yard compaction equipment $ 375.00 per haul **5 ton limit $ 325.00 per month 25 yard compaction equipment $ 395.00 per haul **5 ton limit $ 325.00 per month 30 yard compaction equipment $ 430.00 per haul **6 ton limit $ 325.00 per month 40 yard receiver box $ 430.00 $ 75.00 per month 2 yard stationary compactor rental only $ 175.00 per month 6 yard rear load compactor rental only $ 175.00 per month
*Rental/Lease/Purchase of Apartment style compactor and receiver boxes will be the responsibility of the individual customer, and not the responsibility of the Village.
** Roll-off loads will be charged an additional $48.00 per ton for each ton over the stated tonnage limit.
Solid Waste Cost Proposal Prepared by Lakeshore Recycling Systems LLC COST PROPOSAL FOR THE VILLAGE OF DEERFIELD COMMERCIAL RECYCLING SERVICES
Container Size Frequency of Service 1x Wk 2x Wk 3x Wk 4x Wk 5x Wk 6x Wk 7x Wk 65 gallon -$ $ 20.00 $ 30.00 $ 40.00 $ 50.00 $ 60.00 N/A 95 gallon -$ $ 20.00 $ 30.00 $ 40.00 $ 50.00 $ 60.00 N/A 1 cy -$ $ 30.00 $ 55.00 $ 75.00 $ 95.00 $ 115.00 N/A 1.5 cy -$ $ 30.00 $ 60.00 $ 90.00 $ 120.00 $ 140.00 N/A 2 cy -$ $ 30.00 $ 60.00 $ 90.00 $ 120.00 $ 150.00 N/A 4 cy -$ $ 35.00 $ 60.00 $ 90.00 $ 130.00 $ 170.00 N/A 6 cy 20.00$ $ 40.00 $ 65.00 $ 95.00 $ 140.00 $ 185.00 N/A 8 cy 25.00$ $ 50.00 $ 80.00 $ 120.00 $ 160.00 $ 200.00 N/A 10 cy 30.00$ $ 60.00 $ 90.00 $ 130.00 $ 170.00 $ 210.00 N/A
20 yard roll off 360.00$ per haul **5 ton limit 30 yard roll off 395.00$ per haul **6 ton limit 40 yard roll off 450.00$ per haul **7 ton limit
Cost Proposal Prepared by Lakeshore Recycling Systems LLC COST PROPOSAL FOR THE VILLAGE OF DEERFIELD ORGANIC MATERIAL SERVICES
Note: If an organic material services proposal is accepted, additional terms may be added to the contract.
Description of Service: Organic material container service on an "As-Needed" or "Per Pull" basis. Organic material includes food scraps and landscape waste as defined in the Illinois Environmental Protection Act.
Container Size Cost "Per Pull" 65 gallon cart $ 15.00 95 gallon cart$ 20.00 1 cubic yard$ 30.00 1.5 cubic yard$ 35.00
If any of the above pricing on a per pull basis would be lowered based on volume (i.e. one location having a need for multiple containers) please explain:
Lakeshore Recycling Systems does provide a compost / organic recycling program. Our program
Cost Proposal Prepared by Lakeshore Recycling Systems LLC
EXHIBIT B
INSURANCE PROVISIONS
A. Insurance Requirements
The Contractor shall procure and maintain the following insurance during the entire term of the agreement described in Section 3.1:
Type of Insurance Required Minimum Coverage
1. Workers' Compensation Statutory
2. Employers' Liability $1,000,000 per accident $1,000,000 disease (policy limit) $1,000,000 disease (each employee)
3. Commercial General Liability, including $3,000,000 per person per occurrence for bodily "occurrence" coverage for: premises and injury operations, independent Contractors protective, $5,000,000 per occurrence for bodily injury contractual liability, broad form property $1,000,000 per occurrence for property damage. damage and XCU hazards, products and completed operations (including broad form property damage), personal injury liability, and owner's protective liability.
4. Business Auto liability (including owned, non- $3,000,000 per person owned and hired vehicles and coverage for $5,000,000 per accident for bodily injury environmental liability) $1,000,000 per accident for property damage
5. Umbrella/Excess liability (to apply as excess $5,000,000 per occurrence over 2, 3 and 4 above) $5,000,000 annual aggregate
B. Miscellaneous Provisions
1. The insurance policies set forth in Sections A3 and A5 of this Exhibit B shall continue to be maintained for a period of two (2) years following the termination of the Agreement.
2. Equivalent insurance must be maintained by each subcontractor of the Contractor.
3. All insurance companies must be reasonably acceptable to the Village and may include self-insurance obtained by the Contractor. Minimum insurance carrier requirements include a current rating from A.M. Best Co., Inc. (or any successor publication of comparable standing within the industry) of "A VIII" and a license to do business in the State of Illinois.
4. All liability coverages shall be written on an occurrence basis.
Exhibit B
5. Prior to commencing Services under the agreements, the Contractor shall deliver, or cause to be delivered, to the Village certificates of insurance (and other evidence of insurance requested by the Village ) which the Contractor is required to purchase and maintain pursuant to this Schedule. The Contractor shall deliver certificates of renewal or replacement policies or coverage no less than ten (10) days prior to the effective date of each renewal or replacement policy or coverage.
6. All insurance coverage required to be purchased and maintained shall contain a provision or endorsement providing that the coverage afforded will not be cancelled, materially reduced or altered or renewal refused until at least thirty (30) days' prior written notice has been given to the Village by certified mail.
7. The Contractor shall be responsible for promptly reporting all claims to the appropriate insurer on behalf of itself, the Village and the additional insured’s set forth below.
8. The insurance policies set forth in Sections A3, A4, and A5 of this Exhibit B shall be endorsed to include the Village, the directors, officers, employees, agents and members of the Village, SWALCO and the directors, officers, employees, agents and members of SWALCO as additional named insured’s for all activities of the Contractor in the performance of the Agreement. Such insurance is to be primary and non-contributory with any insurance secured and maintained by such additional named insureds.
Exhibit B
EXHIBIT C
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
[insert full name and address of proposer here:] ______as Principal (hereinafter called the “Contractor”), and [insert full name and address of surety here:] ______(hereinafter called the “Surety”), as Surety, a corporation organized and existing under the laws of the State of , hereinafter called Surety, are held and firmly bound unto the Village of Deerfield, IL as Obligee, hereinafter called the Village, in the full and just sum ofTWO HUNDRED THOUSAND DOLLARS ($200,000), for the payment of which sum of money well and truly to be made, the CONTRACTOR and Surety bind themselves, and their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include payment of actual costs and damages and for attorneys' fees, engineering fees, accounting fees, consulting fees, court costs, interest, and any other fees and expenses resulting from or incurred by reason of the CONTRACTOR’s failure to promptly and faithfully perform its contract with the Village, said contract being more fully described below, and to include attorneys' fees, court costs, and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of Surety under this bond.
WHEREAS, the CONTRACTOR has entered into a written agreement dated , 2013, with the Village entitled “COMMERCIAL SOLID WASTE COLLECTION SERVICES AGREEMENT” (the “Contract”), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the CONTRACTOR shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of the said CONTRACTOR under the Contract, including, but not limited to, the CONTRACTOR’s obligations under the Contract: (1) to provide and perform, in the manner specified in the Contract, all necessary work, labor, services, transportation, materials, equipment, apparatus, machinery, tools, fuels, information, data, and other means and items necessary for the collection of all municipal waste, landscape waste, and recyclable materials from all Customers, as provided in the Contract; (2) to procure and furnish all permits, licenses, and other governmental authorizations necessary in connection therewith and to comply with the laws of the State of Illinois and ordinances and regulations of the Village in connection therewith; (3) to procure and furnish the Performance Bond and all certificates and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to indemnify the Village against any loss resulting from any breach or failure of performance by the CONTRACTOR under the Contract; (6) to do all other things required of the CONTRACTOR by the Contract; and (7) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full accordance and compliance with, and as required by, the Contract; all of which is herein referred to as the "Work," then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Exhibit C
For purpose of this bond, a claimant is defined as one having a direct contract with CONTRACTOR or with a subcontractor of Contractor to provide, perform, or complete any part of the Work.
CONTRACTOR and Surety hereby jointly and severally agree that every claimant who has not had all just claims for the furnishing of any part of the Work paid in full, including, without limitation, all claims for amounts due for materials, lubricants, oil, gasoline, rentals of or service or repairs on machinery, equipment, and tools consumed or used in connection with the furnishing of any part of the Work, may sue on this bond for the use of such claimant, may prosecute the suit to final judgment for such sum or sums as may be justly due such claimant, and may have execution therein; provided, however, that Village shall not be liable for the payment of any costs or expenses of any such suit. To the extent applicable, the provisions of 30 ILCS 550/1 and 30 ILCS 550/2 shall be deemed inserted herein, including the time limits within which notices of claim must be filed and actions brought under this bond.
CONTRACTOR and Surety hereby jointly agree that Village may sue on this bond if Village is held liable to, or voluntarily agrees to pay, any claimant directly, but nothing in this bond shall create any duty on the part of Village to pay any claimant.
Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearance on the part of either the Village or the CONTRACTOR to the other in or to the terms of said Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; or in or to the mode or manner of payment therefore shall in any way release the CONTRACTOR and Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearance, and notice of any and all defaults by the CONTRACTOR or of the Village’s termination of the CONTRACTOR, being hereby waived by Surety.
Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of Surety under this bond in the event of the CONTRACTOR’s default be greater than the obligations of the CONTRACTOR under the Contract in the absence of such CONTRACTOR default.
In the event of a default or defaults by the CONTRACTOR, the Village shall have the right to reimburse itself from the proceeds of this bond for any and all costs, expenses, losses, damages, liquidated damages, liabilities, suits, judgments, awards, attorneys’ fees, and administrative expenses incurred, suffered, or sustained by the Village and/or chargeable to the CONTRACTOR under the Contract or this bond. In addition, the Village shall have the right to take over and complete the Contract upon 30 calendar days’ written notice to Surety, in which event Surety shall pay the Village all costs incurred by the Village in taking over and completing the Contract or, at its option, the Village may instead request that Surety take over and complete the Contract, in which event Surety shall take reasonable steps to proceed promptly with completion no later than 30 calendar days from the date on which the Village notifies Surety that the Village wants Surety to take over and complete the Contract.
The Village shall have no obligation to actually incur any expense or correct any deficient performance of the CONTRACTOR in order to be entitled to receive the proceeds of this bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Village or the heirs, executors, administrators, or successors of the Village.
Signed and sealed this day of ______, 2013. Exhibit C
Attest/Witness: ______CONTRACTOR
By: ______By: ______
Title: ______Title: ______
Attest/Witness: ______SURETY
By: ______By: ______
Title: ______Title: ______
Exhibit C 740 WAUKEGAN ROAD, SUITE 400, DEERFIELD, ILLINOIS 60015 847/948·6500 FAX 847/948-7010
December 31, 2013
Mayor Haniet Rosenthal Board ofTrustees Village of Deerfield 850 Waukegan Road Deerfield, IL 600 15
Re: Commercial Franchise
Dear Mayor and Board of Trustees:
CRM Properties Group, Ltd, as agent for The Shops at Deerfield Square, has been informed by Village staff that the Village ofDeerfield will be implementing a commercial franchise agreement for refuse collection within the Village limits.
While CRM appreciates the intended envirorunental benefits of such a program, the negative consequences to Deerfield Square far outweigh any potential environmental benefits. Specifically and notwithstanding the fact that the winmng bidder, Lake Shore, has agreed to match Deerfield Square's current pricing for the duration of the Village's contract, Deerfield Square will inevitably face significantly higher refuse collection costs in the future under the proposed program. This is evident from the initial bids received by the Village being approximately 50% higher as compared to Deerfield Square's historic and current pricing. Therefore, if Deerfield Square is not granted an exemption and is in fact forced into this program, it will be subject to renewal pricing at the end of the proposed contract term similar to that of the initial bids. Deerfield Square will have no independent ability to negotiate or "price the market" in the future.
Additionally, Deerfield Square will lose direct control of quality of service, its ability to mandate scheduling and potentially its ability to get reimbursed for damage caused by the refuse collection company. Regardless of assurances offered by the selected company with respect to these concerns, the fact remains that the company is well aware of; (i) the existence oflong-term contract with the Village, (ii) the legal complications and expenses of terminating such a contract and (iii) the lack of privity of contract for Deerfield Square. Moreover, Deerfield Square will no longer have the benefit of a no-cause 30-day cancellation clause as it does with its current vendor.
The independent ability to negotiate pricing and services, the right to exercise a no cause, 30-day cancellation clause and a right of indemnification for damages have allowed Deerfield Square to realize low refuse collection costs for its tenants while maintaining the highest quality of service. Mayor Harriet Rosenthal Board of Trustees December 31,2013
A commercial franchise program may be advisable tor small businesses and/or other property types, but will not prove viable, economically or otherwise, for a large, mixed-use property type containing multiple food uses such as Deerfield Square. In order for Deerfield Square to remain competitive with surrounding communities, it's imperative that the Center's operating costs are as low as possible without sacrificing quality of service or amenities. Low operatmg costs and high quality of service provide a direct and critical economic benefit to our tenants, the success of which is essential to the Village's tax base.
For all of the foregoing reasons, Deerfield Square respectfully asks the Board to grant it an exemption to this commercial franchise program so the Center can continue to enjoy low costs and high quality of service for its tenants.
We appreciate your time in this matter.
Sincerely,
Chris Siavelis Senior Vice President REQUEST FOR BOARD ACTION
14-5 Agenda Item: ______
Subject: Resolution Approving an Amendment to the Personnel Policies and Procedures of ______the Village of Deerfield ______Approval Action Requested: ______Administration Originated By: ______Mayor and Board of Trustees Referred To: ______
Summary of Background and Reason for Request
The Village’s change in fiscal year from May 1, to January 1, necessitates changes to the Personnel Policies and Procedures Manual. The changes are not intended to materially change policies but rather are procedural and intended to accurately reflect the change in fiscal year.
Staff is also taking the opportunity at this time to incorporate language into to the Personnel Manual that will reflect the duties, responsibilities and confidential nature of the Human Resources Coordinator position.
The major revisions include: The Human Resources Coordinator is identified as a confidential employee available for consultation related to personnel matters including allegations of discrimination or harassment. The Human Resources Coordinator is identified as the recipient of employment applications from all persons seeking employment with the Village. The Human Resources Coordinator is responsible for coordinating the hiring process in consultation with the department with the vacancy. The credit and proration of personal days have been revised to reflect the calendar year. The number of personal days earned is not being changed.
Staff is recommending approval of the Resolution authorizing an amendment to the Personnel Manual. Enclosed are the revised pages of the Personnel Manual.
Reports and Documents Attached: Resolution Excerpt of the Village of Deerfield Personnel Policies and Procedures Manual (revised pages only)
January 21, 2014 Date Referred to Board: ______
Action Taken: ______VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ______
RESOLUTION NO. ______
A RESOLUTION APPROVING AN AMENDMENT TO THE PERSONNEL POLICIES AND PROCEDURES OF THE VILLAGE OF DEERFIELD
______
WHEREAS, the last comprehensive update of the Village’s Personnel Policy Manual was approved in January 2012; and,
WHEREAS, the Village’s change in fiscal year has necessitated changes to the Personnel
Policy Manual; and,
WHEREAS, Village staff and the Village attorney have reviewed the current Personnel
Policy Manual and have recommended that the Village Board approve a revised Personnel Policy
Manual as provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the “Village of Deerfield Personnel Policies and Procedures” manual dated as of January 21, 2014, a copy of which is on file in the office of the Village Manager and which is incorporated by reference into this Resolution, is hereby authorized and approved as the
Personnel Policy Manual of the Village of Deerfield.
SECTION 2: That said Personnel Policy Manual shall be effective as of January 21, 2014, and all prior Personnel Policy Manuals are hereby superseded. SECTION 3: That this Resolution, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Resolution should: (a) contain terms contrary to the provisions of current or subsequent non-preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Resolution should be inconsistent with any non-preemptive state law, this Resolution shall supersede state law in that regard within its jurisdiction.
SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law.
PASSED
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED
______Village President ATTEST:
______Village Clerk
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V I L L A G E O F D E E R F I E L D
PERSONNEL POLICIES AND PROCEDURES
20122014 Approved by Village Board Resolution R-12-1814-01
LICHTERMAN DRAFT Village of Deerfield Personnel Policies and Procedures
ARTICLE II – EMPLOYMENT POLICY
2.1.0 AUTHORITY
Authority to appoint individuals for all positions in the service of the Village, except offices appointed by the Mayor with the advice and consent of the Board of Trustees, is vested in the Village Manager.
2.2.0 EQUAL EMPLOYMENT OPPORTUNITY
It is the policy of the Village that all personnel activities shall be conducted in a manner that ensures equal employment opportunity for all persons on the basis of merit, without regard to religion, disability, race, gender, age, sexual preference or orientation, color, national origin, citizenship, military status, marital status, political affiliation, or any other legally protected status in accordance with applicable local, state and federal laws. This policy extends to all personnel practices related to the employment process, including hiring, promotion, demotion, transfer, lay-off, termination, compensation, benefits, training and general treatment of employees. It is the belief of the Village that an equal employment opportunity is necessary for the development and maintenance of an efficient work force and for the optimum utilization of human resources in this organization.
An applicant or employee is considered on the basis of qualifications required for the available position relative to experience, training, personal abilities, skills and job knowledge.
Any employee with questions or concerns about any type of discrimination in the workplace is encouraged to bring these to the attention of their immediate supervisor, any Department Head, Human Resources Coordinator the Assistant to the Village Manager, or the Assistant to the Village Manager. Employees can raise concerns and make reports without fear of reprisal. Any employee found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.
2.3.0 EMPLOYMENT PROCEDURES
7
LICHTERMAN DRAFT Village of Deerfield Personnel Policies and Procedures
The Village shall employ and fill vacancies on the basis of merit and, whenever it is in the best interests of the Village, promote current employees to higher positions when vacancies occur.
The Village will make every effort to provide reasonable accommodation to an otherwise qualified individual with a disability who can perform the essential functions of the employment position that the individual holds or desires.
All persons seeking employment with the Village shall first make application to the Human Resources Coordinator on forms provided by the Village. Information provided shall be complete and certified by the signature of the applicant. No person will be employed and placed on the Village payroll until appropriate and satisfactory background, employment, and medical examinations have been completed and information necessary for pension plan, payroll deduction and other required data are determined.
Once hired, all employees will be given a comprehensive orientation program which addresses pay and benefit issues, Village policies and procedures, safety issues, instruction in the proper use of equipment and any other factors necessary to enable the employee to perform the job.
2.3.1 RECRUITMENT AND SELECTION
The selection of sworn Police Officers, as well as the promotion of the same to supervisory positions, shall be under the jurisdiction of the Board of Police Commissioners in accordance with applicable state law, (Illinois State Statutes 65 ILCS 5/10-2.1) and in accordance with the Rules and Regulations of the Village of Deerfield Board of Police Commissioners.
For all other positions, as vacancies occur in positions, every attempt will be made to fill them by transfer or promotion of present employees, when practical and appropriate. However, the Village reserves the right to solicit and hire non-current employee candidates as it deems necessary. Notice of such vacancies will be posted in each department. The Village will advertise position vacancies and will accept applications and conduct interviews, as necessary. The Human Resources Coordinator Department with the vacancy is responsible for preparing the job advertisement, advertising the position, and coordinating the hiring process in consultation with the department with the vacancy. An Administration and/or Human Resources representative shall participate in the hiring process.
8
LICHTERMAN DRAFT Village of Deerfield Personnel Policies and Procedures
6.1.3 PERSONAL DAYS
Beginning on On May January 1st 2015, all full time employees are given credit for three personal days which they may use at any time during the year, with the approval of the Department Head.
Regular part time employees will receive credit for three personal days on May January 1st of each year. The number of personal hours credited will be based on the average number of hours worked per day during the preceding 12 months or from the date of employment, if less than 12 months.
st st th New employees hired between May January 1 and August 31 April 30 will be Formatted: Superscript credited with one personal day on September May 1st and a second personal day on January September 1st.
New employees hired between September May 1st and DecemberAugust 31st will be credited with one personal day on JanuarySeptember 1st.
st th st New employees hired between January September 1 and April 30 December 31 will Formatted: Superscript be credited with three personal days on May January 1st.
Temporary or seasonal employees do not receive personal days.
Personal days must be used within the fiscal year in which they are earned and shall be granted in minimum of one hour blocks. Time remaining on April 30thDecember st 31 will be deleted from the employee’s accruals unless special arrangements are Formatted: Superscript made in advance with the employee’s Department Head.
26
LICHTERMAN DRAFT Village of Deerfield Personnel Policies and Procedures
ARTICLE VII - LEAVE POLICIES
7.1.0 VACATION
Vacations with pay will be granted to eligible employees as follows:
Length of Continuous Service Vacation Earned Annual Accrual 10 0 through the 48 months /12 days per month 10 days 15 49 through 108 months /12 days per month 15 days 20 109 through 228 months /12 days per month 20 days 25 229 months + /12 days per month 25 days
Upon completion of six month's employment, each employee shall be credited with five days vacation. No paid vacation will be granted prior to six months of employment.
For every hour worked by a full time or regular part time employee, vacation time is earned.
Vacation allowances are exclusive of Saturdays, Sundays and holidays. If a holiday falls immediately before, after or during a scheduled vacation period, the holiday is not counted as a vacation day. (The preceding does not apply to the Police Department. Police Officer's holidays are taken as manpower requirements permit.)
Vacation leave should be taken on consecutive days and should be used in increments of one week or multiples thereof. Depending upon Departmental or personal circumstances, a period of vacation leave may be restricted to two weeks at any one period. In case of an emergency or where there would otherwise be a hardship, the Department Head may approve vacation leave requests for periods of less than one week.
Every effort will be made to grant vacation during periods requested by employees, consistent with the operational needs of the various departments. The Village reserves the right, by action of the Department Head, to approve or disapprove vacation requests.
Eligible leave should be taken during the fiscal year earned. No more than one year’s vacation leave may be carried over by an employee to the following year, unless authorized by the Village Manager. Up to one year’s equivalent accrued vacation may th st be sold back in any one year to the employer prior to April 30 December 31 at 80 Formatted: Superscript percent of the employee’s regular rate.
27
LICHTERMAN DRAFT Village of Deerfield Personnel Policies and Procedures
Submission to the conduct is an explicit or implicit term or condition of employment; Submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual; or The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
This policy forbids harassment based on sex/gender regardless of whether it rises to the level of a legal violation.
The Village of Deerfield considers the following conduct to represent some, but not all, of the types of acts that violate this policy:
Physical assaults of a sexual nature, including, but not limited to, rape, sexual battery, molestation, or intentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, etc; Unwanted sexual advances, propositions or other sexual comments, including, but not limited to, sexually oriented gestures, noises, remarks, jokes, comments, or verbal abuse of a sexual nature; Preferential treatment and promises of preferential treatment to an employee for submitting to sexual conduct; and Sexual or discriminatory displays or publications anywhere in the Village work place by Village employees including, but not limited to, pictures, posters, calendars, graffiti, emails, objects, reading materials, or other materials that are sexually suggestive, demeaning, or pornographic.
10.2.0 REPORT AND INVESTIGATION OF COMPLAINTS OF HARASSMENT
Any employee who believes he/she has been treated in an unlawful or discriminatory manner, based on protected status, should inform his or her supervisor, Department Head, Human Resources Coordinator or the Assistant to the Village Manager. The complaint shall be kept confidential to the maximum extent possible. If an employee is uncomfortable or sensitive about discussing a complaint with an individual of the opposite sex, the employee may report the conduct to any Department Head of the same sex. This policy does not require that the employee report the conduct to any individual who is engaging in the conduct. If the employee believes that any person to whom such a report should be directed is involved in or associated in any way with the alleged conduct, then the report should be directed to another Department Head not involved in the conduct.
43
LICHTERMAN DRAFT Village of Deerfield Personnel Policies and Procedures
Any supervisor or manager who has knowledge of prohibited conduct, or to whom a complaint has been made, must promptly report the conduct both to the Department Head and to the Assistant to the Village ManagerHuman Resources Coordinator or to another member of the senior administrative staff who is not involved in the conduct.
All complaints or reports of prohibited conduct will be investigated promptly. The Village may put in place reasonable interim measures, such as a leave of absence or a transfer, while the investigation takes place. The Village will take further appropriate action once the complaint or report has been investigated. That action may be a conclusion that a violation occurred. The Village might also conclude, depending on the circumstances, either that no violation of the policy occurred or that the Village cannot conclude whether or not a violation occurred.
If it is found that a violation of this policy has occurred, the Village will take corrective action, up to and including immediate termination, as is appropriate under the circumstances as determined in the Village’s discretion, regardless of the job positions of the parties involved. The Village may discipline an employee for any inappropriate conduct, regardless of whether the conduct amounts to a violation of law or even a violation of policy. If the Village does not employ the person engaged in the conduct, then the Village will take whatever corrective action it deems reasonable and appropriate under the circumstances.
10.3.0 ETHICS
Officers and employees of the Village have the obligation to maintain a consistently high standard of conduct in serving the public and in their relationships with their other officers and employees. Due to the nature and importance of the Village's activities, courtesy, honesty, and integrity are characteristics required of all Village officers and employees. With this in mind, the following must be understood and abided by:
All services in the Village shall be performed in an impartial manner, free of personal and political considerations. Courteous and cooperative behavior between individuals and Departments is essential in order to effectively deliver Village services. Employees shall assume the responsibility to preserve and protect Village property. Subject to disclosure of the Freedom of Information Act and internal management requirements of the Village, all personal information will remain confidential.
44
REQUEST FOR BOARD ACTION
Agenda Item: 14-6
Subject: Authorization to Award the North Trail Subdivision Drainage Study Contract
Action Requested: Award Contract to Daniel Creaney Company (NTE $78,300)
Originated By: Director of Public Works and Engineering
Referred To: Mayor and Board of Trustees
Summary of Background and Reason for Request
The North Trail Subdivision area is low lying, adjacent to the FEMA designated Special Flood Hazard Area, and exhibits drainage patterns which make managing overland storm water a challenge. As such, flooding issues have historically occurred within sections of the subdivision, but have typically been limited to street flooding. Recently, in June of 2013, heavy rain passed through south east Lake County depositing nearly 5 inches ofrain over a time frame of several hours. The effect of this particular storm was profound within the North Trail Subdivision, leaving widespread street flooding as well as flooding within several single family homes. Concerns were raised by many residents within the subdivision, and they gave their testimony in a public meeting on July 15, 2013.
As part of the 5 year Capital Improvement Program the Department has plans to engineer and construct infrastructure improvements within the subdivision. At this juncture the scope of work for the improvements is not known, though preparations have begun which may allow physical work to take place in 2015. Staff is of the opinion that a formal drainage study should be performed before any further planning, preparation of plans and contract documents, can take place.
The Department has interviewed several qualified professional design firms, as part of the Qualifications Based Selection process, in an effort to select the firm that may provide solutions to drainage problems within the subdivision. Of the firms selected Daniel Creaney Company appeared to be the most qualified for this project. Daniel Creaney Company has many years of experience in the area of water resource management. Since they are the "on-call" firm for Deerfield Public School District 113, they have extensive knowledge regarding the watershed which contributes to the North Trail Subdivision and the Middle Fork of the North Branch of the Chicago River.
The Daniel Creaney Company has provided the Department with a proposal in the amount of $78,300 to provide this service. The scope of their work will include a topographical survey, examination of existing overflow routes, storm sewer system modeling, and several workshops with the residents of the North Trail Subdivision. Upon completion they will provide a report with exhibits and recommendations for areas in need of improvement.
The Director of Public Works and Engineering requests authorization to award the contract for the North Trail Subdivision Drainage Study to Daniel Creaney Company for an amount not to exceed $78,300.
Reports and Documents Attached:
Date Referred to Board: ---"-'J a""n"""u""a:!...ryL2~1,'""""2"""0'""1-'4_ _
Action Taken: ______