Meeting of the Village of Buffalo Grove Board of Trustees

Transcription

1 Meeting of the Village of Buffalo Grove Board of Trustees Regular Meeting February 6, 2012 at 7:30 PM Fifty Raupp Blvd Buffalo Grove, IL Phone: Call to Order Pledge of Allegiance Roll Call Approval of Minutes A. Minutes of the January 23, 2012 Village Board Meeting [GO TO] B. Minutes of the January 30, 2012 Committee of the Whole Meeting [GO TO] Approval of Warrant A. Presentation and Reading of Warrant #1182 [GO TO] Village President's Report A. Appointment of Shari Ginsberg, Arts Commission [GO TO] B. Proclamation: Burn Awareness Week, February 5-11, 2012 [GO TO] Village Manager's Report A. Employee Performance Appraisal Program [GO TO] B Village Goals - Work Plan [GO TO] C. Monthly Management Report - January [GO TO] Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. Special Business A. District 96 Foundation "Champion For Children" Award [GO TO] Reports from the Trustees Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other Regular Agenda items. Consent Agenda: Ordinances and Resolutions A. Ordinance No : An Ordinance Granting Variations to the Buffalo Grove Sign Code for Fifth Third Bank, 345 W. Dundee Road (Trustee Ottenheimer) SUMMARY: The Zoning Board of Appeals, by a vote of 5 to 0, recommends to the Village Board to grant the request made by Fifth Third Bank, 345 W. Dundee Road, for variations to the Buffalo Grove Sign Code. [GO TO] B. Ordinance No : Amending Title 5.20, Class E, Deerfields Bakery (President Braiman) SUMMARY: KSH, Inc. d/b/a Deerfields Bakery, 201 Buffalo Grove Road is requesting a Class E license. A Class E license permits the sale of beer and wine by means of a service area, for consumption on premises only. This reservation is subject to the applicant completing village requirements for said license on or before June 6, The applicant plans on taking orders at the counter and the wine or beer will be served to the table. The age of the customer will be checked. [GO TO]

2 C. Resolution No : Supporting NWMC 2012 Legislative Program (President Braiman) SUMMARY: This resolution proclaims the Village of Buffalo Grove's support of the 2012 Northwest Municipal Conference Legislation Program which includes a variety of solutions to challenges faced by local government. [GO TO] Consent Agenda: Unfinished Business Consent Agenda: New Business Ordinances and Resolutions A. Ordinance No : An Ordinance Transferring the Special Use from Enrichment Enterprises, Inc. to M2 Property Group, LLC concerning the KidTown USA facility, 1425 Busch Parkway, in the Industrial District (Trustee Sussman) [GO TO] B. Resolution No : A Resolution Approving An Agreement with Melrose Pyrotechynics, Inc. for the provision of fireworks in years 2012 and (Trustee Berman) [GO TO] C. Resolution No : A Resolution Approving an Intergovernmental Agreement between and among the Village of Arlington Heights, Village ofbuffalo Grove, Village of Lincolnshire, Village of Long Grove, Village of Palatine, Village of Vernon Hills and Village of Wheeling concerning Electric Aggregation. (Trustee Trilling) [GO TO] D. Resolution No : A Resolution Approving a Contract between the Village of Buffalo Grove and Intelligent Power Partners, LLC (Trustee Trilling) [GO TO] Unfinished Business A. Authorization to Extend Parkway Tree Replacement Contract (Trustee Stein) [GO TO] New Business A. Hawthorne Race Course, Inc. petition for a special use to operate inter-track wagering, Village Bar & Grill, 48 Raupp Boulevard (Trustee Berman) [GO TO] Executive Session A. Personnel: Section 2(c)(1) of the Illinois Open Meetings Act Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at to allow the Village to make reasonable accommodations for those persons.

3 Minutes of the January 23, 2012 Village Board Meeting 4-A Overview Approval is recommended. Attachments m pdf Trustee Liaison Clerk Sirabian Staff Contact Jane L Olson, Finance & GS Monday, February 6, 2012 Approval of Minutes - Item : 4-A

4 /23/2012 MINUTES OF THE RESCHEDULED REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, JANUARY 23, 2012 CALL TO ORDER President Braiman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman; Trustees Berman, Trilling, Sussman, Terson, Stein and Ottenheimer. Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Ghida Neukirch, Deputy Village Manager; Scott Anderson, Director of Finance; Art Malinowski, Director of Human Resources; Greg Boysen, Director of Public Works; Robert Pfeil, Village Planner; Brian Sheehan, Village Health Officer; Carol Berman, Deputy Building Commissioner Administration; and Fire Chief Vavra. APPROVAL OF MINUTES Moved by Ottenheimer, seconded by Berman, to approve the minutes of the January 9, 2012 Rescheduled Regular Meeting. Upon roll, Trustees voted as follows: AYES: 4 Berman, Sussman, Terson, Ottenheimer NAYS: 0 None ABSTAIN: 2 Trilling, Stein Motion declared carried. WARRANT #1181 Mr. Anderson read Warrant #1181. Moved by Trilling, seconded by Terson, to approve Warrant #1181 in the amount of $2,420,334.62, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 None Motion declared carried. VILLAGE PRESIDENT S REPORT Chief Vavra introduced Gina Lorio, representing the Muscular Dystrophy Association, stated that she is impressed with the support from the Village and the Buffalo Grove Fire Department. The Buffalo Grove Fire Department has raised over $280,000 for MDA, and she expects them to break the $300,000 mark in Buffalo Grove was the 4 th largest contributor in the State of Illinois, and the largest in Lake County. Seth Goldberg, MDA Ambassador for the Buffalo Grove Fire Department, stated that he and his family owe a great deal of thanks to the Village and Chief Vavra for their support, and to the citizens of Buffalo Grove that donate to the Fill The Boot Drive each year. Seth and his family derive many services from MDA, and it means a lot to them, and he especially thanked Joe Alexander for his dedication to MDA. Joe Alexander noted that all money raised stays local and provides wheelchairs, home improvements and many services to MDA, and he thanked everyone involved for their support. President Braiman thanked and congratulated the entire Buffalo Grove Fire Department for their dedication to this worthwhile endeavor.

5 /23/2012 President Braiman reported that the Village received notification from the IEPA that Land & Lakes has received their certification for post closure, which is confirmation that the site is safe. President Braiman urged any resident who is interested in joining a Village Committee/Commission to submit a Talent Bank application to be reviewed when a vacancy occurs on our various Committees and Commissions. President Braiman reported that former Village Trustee Charles Hendricks passed away this past weekend, and he extended the sympathy of the Village Board to the family, and noted several of the many accomplishments that Mr. Hendricks contributed to the Village of Buffalo Grove.. VILLAGE MANAGER S REPORT Mr. Bragg noted that there will be a Committee of the Whole Meeting on Monday, January 30, Mr. Braiman noted the submittal and posting to the website and the e-library of the Monthly Management Report for December 2011; there were no questions on the report. Mrs Neukirch presented the Traffic Management Committee 2011 Year End Report, details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Trustee Berman thanked Mrs. Neukirch for an objective and professional approach in the report. The Committee has done an excellent job. Trustee Berman thanked Sgt. Kristiansen for his terrific work with the committee. Mrs. Neukirch presented the 2011 Year End Report and Proposed 2012 Environmental Plan, details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Moved by Sussman, seconded by Trilling, to accept the 2011 Year End Report and Proposed 2012 Environmental Plan. Upon roll call, Trustees voted as follows: AYES: 6 Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 None Motion declared carried. QUESTIONS FROM THE AUDIENCE President Braiman asked if there were any questions from the audience on items not on tonight s agenda; there were none COMMISSION, COMMITTEE & BOARD ANNUAL REPORTS Mrs. Neukirch presented the Year 2011 Commission, Committee & Board Annual Reports, details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared, as well as the individual Annual Reports for each Commission/Committee. TRUSTEE REPORTS Trustee Trilling noted that on March 20, 2012, Buffalo Grove will be one of 154 Illinois municipalities to have a referendum question on the ballot pertaining to aggregation of electricity. If approved, this would allow the municipality the ability to seek competitive pricing for the provision of electricity to residents and small businesses. Further information and details will be forthcoming between now and the election. Trustee Sussman reported that she attended the Kildeer School District 96 Foundation Awards Dinner, and she mentioned that Buffalo Grove Police Officer Staci Kupsak received the Champion for Children award.

6 Trustee Berman reported on upcoming opportunities for public input with regard to Regional Transportation Issues, specifically Route 45 and the Metra Star Line feasibility study and alternatives /23/2012 Trustee Stein reported on the Prescription Drug Disposal program coordinated by the Buffalo Grove Health Department and the Solid Waste Agency of Northern Cook County. Trustee Stein also noted that electronics are no longer able to be accepted in landfills, and urged residents to bring these items to Electronics Recycling centers and/or events. CONSENT AGENDA President Braiman explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion. There were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Motion to authorize bid waiver and join the Municipal Partnering Joint Bid for Sewer Lining Services. Sewer Lining Services Moved by Terson, seconded by Ottenheimer, to approve the Consent Agenda. Upon roll call, Trustees voted as follows: AYES: 6 Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 None Motion declared carried. ORDINANCE # LUX CARS CHICAGO Moved by Stein, seconded by Ottenheimer, to transfer the Special Use from Prestige Auto to M & I Imports Incorporated (d/b/a Lux Cars Chicago) in the B-3 Planned Business Center District, Village of Buffalo Grove, Cook and Lake Counties, Illinois, 88 Dundee Road. Mr. Bragg reviewed the proposed ordinance, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs. Neukirch. Mr. Raysa opined that he does not believe that a Public Hearing is necessary in this case, as there is no modification to any of the uses. The new entity has agreed to obey all the restrictions and requirements granted to the previous Special Use. The Special Use has not changed. Frank Sears, Lake Boulevard, believes that this proposal is an insult and disgrace to Buffalo Grove, and he calls upon this Board to rescind the Special Use. In answer to a question from Trustee Terson, Mr. Sears stated that the lighting was not in accordance with the approved plan, cars were delivered and picked up by trucks that carried 10 cars rather than 2, and the business damaged the quiet enjoyment of the residents around the area. Mrs. Neukirch stated the only complaints received by the Village related to cars parked on the grass, but the owners were very responsive to the complaints when notified by the Building Department. Michael Orik, owner of M & I Imports, stated that he has been in business for 15 years, and a resident of Buffalo Grove for 40 years; he is not planning to change anything; he has agreed to abide by all of the terms and conditions imposed; he is taking the property from the landlord; he is not connected in any way to the previous owner. Upon roll call, Trustees voted as follows on the motion: AYES: 6 Berman, Trilling, Sussman, Terson, Stein, Ottenheimer

7 NAYS: 0 None Motion declared carried /23/2012 EXECUTIVE SESSION Moved by Berman, seconded by Ottenheimer, to move to Executive Session for the purpose of discussing Personnel, Section 2(c)(1) of the Illinois Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 6 Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 None Motion declared carried The Board moved to Executive Session from until 8:20 P.M. until 8:43 P.M. ADJOURNMENT Moved by Berman, seconded by Sussman, to adjourn the meeting. Upon roll call, Trustees voted as follows: AYES: 6 Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 None Motion declared carried. The meeting was adjourned at 8:45 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 6th DAY OF February, 2012 Village President

8 Minutes of the January 30, 2012 Committee of the Whole Meeting 4-B Overview Approval is recommended. Attachments M COTW.pdf Trustee Liaison Staff Contact Jane L Olson, Finance & GS Monday, February 6, 2012 Approval of Minutes - Item : 4-B

9 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE OF BUFFALO GROVE HELD IN THE EOC CONFERENCE ROOM, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, JANUARY 30, 2012 President Braiman called the meeting to order at 6:30 P.M. CALL TO ORDER Roll call indicated the following present: Jeffrey Braiman, Village President; Jeffrey Berman, Steve Trilling, Beverly Sussman, Mike Terson, Andy Stein, Les Ottenheimer, Village Trustees. Also present were: Dane Bragg, Village Manager; Ghida Neukirch, Deputy Village Manager; Scott Anderson, Director of Finance; Art Malinowski, Director of Human Resources; Gregory Boysen, Director of Public Works; Fire Chief Vavra; Battalion Fire Chief Wieser; Police Chief Balinski; Police Commander Newton; and William Raysa, Village Attorney. Emergency Response Simulation Chief Vavra conducted a table top exercise to improve Village emergency planning and to practice incident command from the strategic level. The objectives of this exercise were to: Demonstrate the activation and use of the Incident Command System Identify strengths and weaknesses in the current Emergency Operations Plan Assure consistent and concise public notification practices Assure a continuity of operations and deployment of Village services Reinforce the chain of comment Define roles and responsibilities in an emergency Moved by Berman, seconded by Sussman, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried, and the meeting was adjourned at 8:06 P.M. ADJOURNMENT Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 6 th DAY OF February, 2012 Village President

10 Presentation and Reading of Warrant # A Overview Approval is recommended. Attachments Excel work sheet 1182.pdf W#1182.pdf (Appendix) Trustee Liaison Staff Contact Scott D Anderson, Finance & GS Monday, February 6, 2012 Approval of Warrant - Item : 5-A

11 VILLAGE OF BUFFALO GROVE WARRANT # Feb-12 Corporate Fund: Reimbursements & Fund Transfers 18, Reserve for Capital Replacement-Autos Reserve for Capital Replacement-MIS 244, Revenue Reimbursements 58, Legislative 3, Office of Village Manager 9, Management Information Systems 23, Legal 14, Finance & General Services 6, Human Resources 2, Fire Services 8, Police Services 38, Building & Zoning 1, Engineering Services Building & Grounds 14, Street & Bridge Operations 124, Street & Bridge Administration 1, Forestry 1, Central Garage 33, Drainage System 2, ESDA Transfer/Non Operating 53, Total 661, Illinois Municipal Retirement Fund: 0.00 Parking Lot Fund: 1, Motor Fuel Tax Fund: 3, School & Park Donations 0.00 Capital Projects-Facilities: 4, Capital Projects-Streets: 0.00 Health Insurance Expense

12 Facilities Development Debt Service Fund: 0.00 Police Pension Fund: Fire Pension Fund: 0.00 Retiree Health Savings: 0.00 Water Fund: Reimbursements & Refunds: 1, Water Operations 409, Sewer Operations 362, Total 773, Buffalo Grove Golf Fund: Reimbursements & Refunds: 0.00 Golf Operations 9, Total 9, Arboretum Golf Fund: Reimbursements 0.00 Golf Operations 21, Total 21, Refuse Service Fund: 61, PAYROLL PERIOD ENDING 1/29/ , TOTAL WARRANT #1182 2,431, APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President

13 See appendix: Appendix001 - W#1182.pdf

14 Appointment of Shari Ginsberg, Arts Commission 6-A Overview Ms. Linda Rosen, Chair of the Village's Arts Commission recommends the appointment of Shari Ginsberg to the Arts Commission. The recommendation has been reviewed and is supported by President Braiman. Ms. Ginsberg is a resident of Buffalo Grove. She has already volunteered with the Village by providing support at the 2011 Buffalo Grove Invitational Fine Art Festival and at the last Buffalo Grove Symphonic Band concert. Ms. Rosen indicated, "[Ms. Ginsberg] is very good at talking to people and networking. She has energy and loves to volunteer" ( 1/12/2012). According to the Municipal Code, "The Arts Commission shall consist of a minimum of five individuals. A majority of the Arts Commission membership shall be Village residents" (Chapter ). There are currently 15 appointed commissioners serving on the Arts Commission. The volunteers' terms expire on 4/30/2012. Ms. Rosen recommends the appointment at this time so Ms. Ginsberg can become immediately involved with Arts Commission activities and programs. Attachments Trustee Liaison Staff Contact Ghida Neukirch, Office of Village Manager Monday, February 6, 2012 Village President's Report - Item : 6-A

15 Proclamation: Burn Awareness Week, February 5-11, B Overview The attached proclamation is to recognize the week of February 5 through 11 as Burn Awareness Week in Buffalo Grove in conjunction with the national effort. Attachments National Burn Awareness Week.pdf Trustee Liaison Staff Contact Terry Vavra, Fire Monday, February 6, 2012 Village President's Report - Item : 6-B

16 National Burn Awareness Week WHEREAS the Village of Buffalo Grove is committed to ensuring the safety and security of all those living in and visiting our Village; and WHEREAS burn injuries are a serious problem both locally and nationally. Each year, over 3,000 people die and 16,000 are injured by fires that start in the home. Tragically, children, the elderly, and persons with disabilities are those most likely to become victims of serious burns; and WHEREAS Buffalo Grove residents should learn what to do in the event of fire, including the "stop, drop, and roll" maneuver that can help prevent serious burn injuries. Those families that have not yet done so should make plans for escaping a house fire --and should review and practice the plan regularly; and WHEREAS Buffalo Grove Fire Department is dedicated to reducing the occurrence of burns and fire injuries through prevention, protection and education; and WHEREAS Buffalo Grove residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS the 2012 National Burn Awareness Week campaign effectively serves to remind us all of the simple actions we can take to stay safe from fire year-round. NOW, THEREFORE, I, Jeffrey Braiman, Village President of Buffalo Grove, do hereby proclaim February 5 through February 11, 2012 as Burn Awareness Week throughout Buffalo Grove. I call upon the residents of Buffalo Grove to observe this week by participating in activities at home, school and work and by learning how to prevent burn injuries, especially to children. Dated this 6th day of February 2012

17 Employee Performance Appraisal Program 7-A Overview Assistant to the Village Manager Leisa Niemotka will provide a brief presentation on the Village's newly developed performance appraisal system, including goals, key competencies, professional development and rating characteristics. Attachments Performance Evaluation Program 2012.pdf Trustee Liaison Staff Contact Leisa M Niemotka, Office of Village Manager Monday, February 6, 2012 Village Manager's Report - Item : 7-A

18 2/2/2012 Employee Performance Management Leisa Niemotka, Office of the Village Manager New Model for Annual Salary Planning Previous year s Performance Appraisal Scores Annual Pay Recommendation to Village Board Comparables Ability to Pay Annual Salary Budget Economic Climate Annual Employee Increase Performance Rating Annual Pay Increase Position in Range General Wage Adjustment 1

19 2/2/2012 Employee Performance Management in Buffalo Grove Introduction to the New Village of Buffalo Grove Performance Management Process Overview of the new performance evaluation form and the system for using it. How performance is defined and assessed. How goals will be established. Employee development. Cycle of Performance Management Evaluation and Reward Planning and Goal Setting Ongoing feedback and coaching Best Practices Deployed in BG Employees are measured against metrics tied to business objectives that support the business strategy. There are measures of both What (the Goals) and How (the Competencies) an employee meets expectations. There is minimum bureaucracy. 2

20 2/2/ Performance Factors What Performance against annual goals What Performance against day to day responsibilities How Performance against 3 levels of key competencies Weighted Performance Evaluation Weighting of Factors Clerk Weight greater on day to day responsibilities Deputy Village Manager Weighting greater on goals More routine work Tasks pre defined Work more project based Expectation for strategic planning of all work 3

21 2/2/2012 What Day to Day Responsibilities. What Goals. Where do goals come from? How Key Competencies. 4

22 2/2/2012 How Key Competencies 1 Organization Competencies ALL employees 1. Service Delivery 2. Fiscal Responsibility 3. Achieving Excellence 4. Communications How Key Competencies 2 Departmental Competencies ALL employees in FINANCE 1. Takes ownership 2. Accuracy and Detail orientation 3. Flexibility and Cooperation How Key Competencies 3 Position Specific Competencies Desk Officer 5

23 2/2/2012 Managing Others Competency Clearly communicates expectations. Holds subordinates accountable for results. Coaches/counsels for improved performance. Motivates and builds a strong team. Evaluates performance and supports employee development. Effectively confronts others and provides constructive feedback Provides recognition. Gains the respect of subordinates, peers and superiors. Assures that all performance appraisals are well written, accurately rated, goals clearly defined. 5 Ratings Common standards will develop across the Village for each level of performance. FAR EXCEEDS Expectations EXCEEDS Expectations MEETS Expectations NEEDS IMPROVEMENT FAR BELOW Expectations March 2012: Goals for all employees entered and approved. August 2013: Village Manager reports to Village Board April 1, 2012 to March 31, 2013: Appraisal Period July 2013: Performance Meetings April 2013: Evaluation Month June 2013: Department/Village Manager Meetings May 2013: All evaluations submitted to Village Manager for review. 6

24 2/2/2012 Questions? Thank you! 7

25 2012 Village Goals - Work Plan 7-B Overview Staff recommends acceptance of the 2012 Goals-Work Plan. The attached work plan summarizes the major initiatives for the Village for 2012, based on the four pillars of the adopted budget - Strategy, Efficiency, Culture and Technology. The work plan items consist primarily of continued efforts to manage the Village's expense ledger, develop the local economy and reinvest in core infrastructure. The evaluation factors within each work plan item include service delivery, benchmarking, automated reporting, cost reduction, integrated systems, best management practices, standardized communications, core competencies, paper-less processes, process efficiency, information flow, cross-departmental cooperation, engaging the work force, leadership development and revenue diversification. The work plan is correlated to the Board's meeting schedule, with corresponding review and approval dates scheduled by quarter and by meeting. Village staff has developed the attached work plan to achieve desired outcomes and to manage the Board's needs for timely reporting, necessary approvals and time management. Acceptance by the Board of the 2012 Goals-Work Plan does not constitute endorsement of each activity contained in the plan, rather it serves as a guideline for policy development throughout the year. As with any operating and strategic development plan, the schedule for items to be presented to the Board is somewhat fluid and subject to change based on external factors, the Board's desire to advance (or not advance) certain projects and the availability of resources to complete specified tasks. Attachments 2012 Village Board Work Plan.pdf Trustee Liaison Staff Contact Dane C Bragg, Office of Village Manager Monday, February 6, 2012 Village Manager's Report - Item : 7-B

26 2012 Village Board Work Plan 2/2/2012 9:58 AM Meeting Date Meeting Type Department Presentation Agenda Items *Related goal and page number in 2012 Budget Notes First Quarter January 23 January 30 Rescheduled Regular Committee of the Whole OVM Present 2011 Annual Environmental Plan Report to the Village Board and 2012 Plan for acceptance Table Top Disaster Exercise PW Authorization to Waive bids for joint purchase for sewer lining OVM Strategy - 65 February 6 Regular OVM Performance evaluation process OVM Contract acceptance for pyrotechnics OVM 2012 Village Board Work Plan OVM Consulting Services for Electrical Consortium OVM Intergovernmental Agreement for Electrical Consortium OVM Refuse contract award FINANCE Buffalo Grove Days Appointments IT Approval of new phone line provider PW Authorization to Extend Contract for Parkway Trees OVM Strategy 64 HR Culture 92 March 5 Regular IT Board Room Technology Updates IT Cell phone plan recommendation POLICE Officer of the Year, DUI Awards, Special Commendation OVM Annual Revision of the Zoning Map PW Sidewalk Removal and Replacement Authorization PW Bike Path and Parking Lot Authorization PW Salt Purchase (?) PW Resolution approving construction engineering services for street maintenance & contract award POLICE Resolution authorizing participation in Radio system financing program through NWCD Change order for Engineering Services Weiland Road and Lake Cook Road Phase 1 studies IT Technology 78 IT Efficiency 77 POLICE Technology 107 1

27 2012 Village Board Work Plan 2/2/2012 9:58 AM Meeting Date Meeting Type Department Presentation Agenda Items *Related goal and page number in 2012 Budget Notes March 19 Regular OVM Strategic Plan Update B&Z Efficiency Efforts OVM Ordinance Amending Village Sign Code GOLF Authorization to bid for maintenance equipment POLICE/FIRE Award of Bid Mobile Data Computers/Lease Purchase PW Award of bid for sewer lining OVM Strategy 64 B&Z Efficiency POLICE Technology -107 Second Quarter April 2 April 16 April 30 Regular Regular Committee of the Whole OVM Channel 6 Software Upgrade and Village News Redesign POLICE Crime Report/Crash Statistics OVM Electrical Aggregation Governance Plan FINANCE New World Implementation Update OVM Strategic Plan Update POLICE Distracted Driving Proclamation PW Sewer Televising PW Authorization to Bid for Street Lights GOLF Award of contract for maintenance equipment PW Public Works Week/Arbor Day Proclamation PW Crack Sealing PW Award of Bid Sidewalks PW Award of Bid Bike Path & Parking Lot FINANCE Water Sewer Rates FINANCE Financing Options for Capital B&Z Rental Property Registration Homes for a Changing Region Presentation OVM Technology 66 POLICE Strategy OVM Strategy 64 FINANCE Technology - 86 OVM Strategy 64 FINANCE Strategy 84 Trustee Trilling absent May 7 Regular B&Z Public Awareness Efforts PW Weiland Road Update (Hearing schedule) POLICE Click or Ticket, Coloring Contest, Saved by the Belt; Bike Safety B&Z Building Safety Week Proclamation OVM Authorization to bid Printing Services OVM Committee, Commission & Board Appointments HR IAFF Agreement FINANCE Lake County sewer rate program B&Z Strategy 113 HR Strategy 91 FINANCE Strategy - 84 Trustee Trilling absent 2

28 2012 Village Board Work Plan 2/2/2012 9:58 AM Meeting Date Meeting Type Department Presentation Agenda Items *Related goal and page number in 2012 Budget Notes May 21 Regular FIRE Status of EMS response times, costs, public education PW EAB Program presentation PW Street Improvement Program Update OVM Electrical Aggregation FIRE EMS Week Proclamation FINANCE Water rate ordinance PW Award of Bid Sewer Televising PW Award of Bid for Street Lights OVM Strategy 64 FIRE Efficiency - 98 Third Quarter June 4 June 18 Regular Regular OVM Strategic Plan Update GOLF Update on Marketing Plan POLICE Status MDT, CAD and Radio program updates OVM Award of contract for Printing Services POLICE July 4, IACP, Chief Challenge (State) HR Prevailing Wage ordinance HR Revised Personnel Manual OVM Strategy 64 GOLF Strategy POLICE Technology -107 HR Culture -92 July 9 July 16 July 23 Rescheduled Regular Committee of the Whole Rescheduled Regular OVM Zoning considerations and Design Guidelines for the Buffalo Grove and Prairie View Metra Station areas. FIRE/POLICE Overtime budget management presentation OVM Appearance Plan Update FINANCE Purchasing Policy Amended 6 Month Financials Fee & Fine Recommendations Merit Wage Pool Five-Year Projections CIP Purchasing Agent Hiring Recommendation OVM Strategy 65 FINANCE Efficiency 85 FIRE Efficiency 98 FINANCE Efficiency 85 3

29 2012 Village Board Work Plan 2/2/2012 9:58 AM Meeting Date Meeting Type Department Presentation Agenda Items *Related goal and page number in 2012 Budget Notes August 6 Regular OVM Art Fest Vendor Letter of Understanding FIRE A comprehensive communications and customer service model capable of August 20 Regular delivering appropriate POLICE Labor Day/Back to School Proclamation customer service to all areas of village FINANCE Electronic licensing program FIRE Strategy 97 FINANCE Efficiency 85 Fourth Quarter September 10 September 24 Committee of the Whole IT Technology Plan FIRE National Preparedness Month Proclamation FIRE 9/11 Proclamation PW Authorization to Bid Flooring for village facilities Board review: Weiland Road/Lake Cook Road, Phase 1 Plan Tax Levy Health Insurance 2013 Wages 2013 CIP Golf Update Financials IT Strategy - 76 October 1 October 15 Regular Regular FINANCE CIP Program POLICE Domestic Violence Proclamation OVM Standardization of Communications Policy FIRE Fire Prevention Week OVM Breast Cancer Awareness Month OVM Bill Reid Community Service Award PW 2013 Winter Driving Snow & Ice Control Program FIRE Firefighter of the Year PW Contract for Flooring for village facilities October 22 Civics Forum 4

30 2012 Village Board Work Plan 2/2/2012 9:58 AM Meeting Date Meeting Type Department Presentation Agenda Items *Related goal and page number in 2012 Budget Notes November 5 Regular November 19 Regular Budget Presentation ONLY POLICE IACP Award Chief s Challenge (National) FINANCE 2012 Tax Year Levy Determination Notice FINANCE BG Days Financial Report FINANCE Police Pension Fund Compliance Report FINANCE Fire Pension Fund Compliance Report FINANCE Approval of 2013 CIP Program December 3 December 10 December 17 Regular Committee of the Whole Regular PW Weiland Road Presentation POLICE National Drunk and Drugged Driving Month FINANCE 2013 Budget Adoption FINANCE Tax Levy 2012 FINANCE Cook/Lake Tax Loss Collections FINANCE Property Tax Replacement Tax Distribution 2013 PW Custodial Contract Performance Evaluation for Village Manager - Closed, Executive Session POLICE Special Olympics Award HR 2013 Compensation Recommendation HR Village Manager Annual salary FINANCE Appropriation Ordinance PENDING 1. FIRE - Transition from Firehouse to Imagetrend ( Fire Tech goal pg. 100) 2. BRIAN Day care home renewals on an annual basis 3. BRIAN Mosquito Abatement contract 4. PW Accreditation Report (Consent April?) 5. PW Accreditation Award Presentation 5

31 Monthly Management Report - January C Overview The Monthly Management Report is available at Attachments Mgt Report Feb 6, 2012.pdf (Appendix) Trustee Liaison Staff Contact Dane C Bragg, Office of Village Manager Monday, February 6, 2012 Village Manager's Report - Item : 7-C

32 See appendix: Appendix002 - Mgt Report Feb 6, 2012.pdf

33 District 96 Foundation "Champion For Children" Award 9-A Overview The Kildeer Countryside Consolidated School District 96 Foundation has recognized School Resource Coordinator Staci Kupsak with their 'Champion for Children' award for her hard work and dedication to the students, staff and parents in their school district. She will be honored by School District #96 at this evening's Village of Buffalo Grove Board meeting. Congratulations Staci! Attachments Trustee Liaison Staff Contact Steve S Balinski, Police Monday, February 6, 2012 Special Business - Item : 9-A

34 Ordinance No : An Ordinance Granting Variations to the Buffalo Grove Sign Code for Fifth Third Bank, 345 W. Dundee Road 11-A Recommendation of Action Staff recommends approval. Overview Request is being made by Kieffer & Co., 585 Bond Street, Lincolnshire, Illinois on behalf of Fifth Third Bank, 345 W. Dundee Road, for variance of Sign Code, Section , pertaining to Business Districts; Section , pertaining to Ground Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the developed parcel; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public rightof-way. A public hearing was held on Tuesday, January 17, The Petitioner, Mr. Christopher Wrobel, Kieffer & Company, 585 Bond Street, Lincolnshire, Illinois 60069, testified and presented documentary evidence. The Zoning Board of Appeals, by a vote of 5 to 0, recommends to the Village Board to grant the request made by Kieffer & Co., 585 Bond Street, Lincolnshire, Illinois on behalf of Fifth Third Bank, 345 W. Dundee Road, for variance of Sign Code, Section , pertaining to Business Districts; Section , pertaining to Ground Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the developed parcel; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public right-of-way. The signs are to be installed pursuant to Exhibits E1, E2, E3, E4 and E5 submitted with the application. Subject to the Village Engineer s memorandum dated January 3, Subject to the Appearance Review Team (ART) minutes dated January 5, Pursuant to Sign Code, Section , Subsection A for the wall signs and Section , Subsection B for the ground sign. Attachments

35 345 W Dundee Rd Ord.pdf Mins & Findings W Dundee Rd pdf 345 W Dundee Rd Exhibits.pdf Trustee Liaison Trustee Ottenheimer Monday, February 6, 2012 Staff Contact Brian P Sheehan, Building & Zoning Consent Agenda: Ordinances and Resolutions - Item : 11-A

36 1/23/2012 ORDINANCE NO GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BUFFALO GROVE SIGN CODE Fifth Third Bank at 345 W. Dundee Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property ( Property ) hereinafter legally described is zoned in the B-3 Planned Business Center District and is commonly known as 345 W. Dundee Road, Buffalo Grove, Illinois; and, WHEREAS, request was made by Kieffer & Co., 585 Bond Street, Lincolnshire, Illinois on behalf of Fifth Third Bank, the owner of the Property, for variances of the Village s Sign Code, Section , pertaining to Business Districts; Section , pertaining to Grounds Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the Property; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public right-of-way; and, WHEREAS, the Zoning Board of Appeals held a public hearing at which it received testimony on the requested variations; and WHEREAS, the Zoning Board of Appeals made certain findings of fact, made a positive recommendation for the variations, and prepared minutes of the public hearing; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that the requested sign variations are in harmony with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code), and that (1) the proposed signage is of particularly good design and in particularly good taste and (2) the entire site has been or will be particularly well landscaped. 1

37 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. Variations are hereby granted to Sections , , and of the Village Sign Code (Title 14 of the Buffalo Grove Municipal Code) for the purpose of allowing a second ground sign on the Property; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public right-of-way. The Property is legally defined as follows: Lot 3 in Covington II, being a Resubdivision of Lots 1, 2 and 3 in Covington Office Plaza, a Resubdivision of part of the east half of the northeast quarter of Section 8, Township 42 north, Range 11, east of the Third Principal Meridian, according to the Plat of said Covington II recorded November 18, 2002 as Document , in Cook County, Illinois. Commonly known as: 345 W. Dundee Road, Buffalo Grove, Illinois Section 3. The variations are subject to the following conditions: A. The signs are to be installed pursuant to Zoning Board of Appeals Exhibits E1, E2, E3, E4, and E5. B. Subject to the Village Engineer s memorandum dated January 3, C. Subject to the Appearance Review Team (ART) minutes dated January 5, Section 4. This Ordinance shall be in full force and effect from and after its passage, and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: 2

38 PASSED:, APPROVED:, APPROVED: ATTEST: Village President Village Clerk F:\docs\clients\103\1001\ORD\ DOC 3

39 345 W. DUNDEE ROAD, FIFTH THIRD BANK SIGN CODE, SECTIONS ; AND , TO ALLOW A SECOND GROUND SIGN ON THE DEVELOPED PARCEL; REPLACING THE EXISTING GROUND SIGN WITH A NEW GROUND SIGN THAT IS LOCATED WITHIN TWO HUNDRED FIFTY (250) FEET OF THE EXISTING KINGSWOOD CHURCH GROUND SIGN LOCATED ON THE SAME SIDE OF THE STREET; AND TO REPLACE THE EXISTING EAST AND WEST ELEVATION WALL SIGNS WITH NEW EAST AND WEST ELEVATION WALL SIGNS. THE WEST ELEVATION WALL SIGN WOULD BE A SECOND WALL SIGN AND DOES NOT FACE THE PUBLIC RIGHT OF WAY Mr. Christopher Wrobel, Kieffer & Company, 585 Bond Street, Lincolnshire, Illinois 60069, was present and sworn in. The public hearing notice published in the Daily Herald on December 30, 2011 was read. Mr. Wrobel clarified the two different dimensions shown on Exhibits E1 and E2. Exhibit E1 references a sign face height of sixty four (64) inches and Exhibit E2 shows a sign face height of sixty one (61) inches. The dimension shown on Exhibit E1 includes the sign face height of sixty one (61) inches as well as the height of the silver reveal of three (3) inches for a total of sixty four (64) inches. The silver reveal is located at the base of the sign face, between the sign and the cap of the brick base. Mr. Wrobel explained that Fifth Third Bank is looking to replace the existing ground sign at this location with a new ground sign of their new branding image and they would also like to replace the existing wall signs with new wall signs of their new branding image. Ch. Entman read the Village Engineer s memorandum addressed to Brian Sheehan dated January 3, 2012 which states: I have no comments on the proposal. Ch. Entman also read the Appearance Review Team (ART) minutes dated January 5, Ch. Entman confirmed with Mr. Wrobel that the existing ground sign would be removed, the brick base would be raised and a new ground sign would be installed. He asked if the new ground sign would be the same height or smaller than the existing ground sign. Mr. Wrobel stated that the new ground sign would be smaller than the existing ground sign. Ch. Entman confirmed with the Mr. Wrobel that the wall signs are being replaced in the same location as the existing wall signs. He also asked if the new wall signs would be smaller than the existing wall signs. Mr. Wrobel confirmed that the new wall signs would be smaller than the existing wall signs. Mr. Raysa stated that Page 3 of 21 in the Exhibits is a Site Plan and references that sign locations by letter. He asked Mr. Wrobel to identify by letter the signs that are being replaced under this variation request. Mr. Wrobel stated that Signs A, B and C are the signs in question. Mr. Raysa also stated that in the letter from Kieffer & Company dated December 16, 2011, a company name Viox is referenced. He asked Mr. Wrobel to explain the relationship of Viox. Mr. Wrobel stated that Viox is the facility maintenance company employed by Fifth Third Bank. Viox employed Kieffer & Company to handle the Sign Code variation request. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Cesario made the following motion: DRAFT MINUTES ZONING BOARD OF APPEALS JANUARY 17, 2012

40 I move we recommend to the Village Board to grant the request made by Kieffer & Co., 585 Bond Street, Lincolnshire, Illinois on behalf of Fifth Third Bank, 345 W. Dundee Road, for variance of Sign Code, Section , pertaining to Business Districts; Section , pertaining to Ground Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the developed parcel; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public rightof way. The signs are to be installed pursuant to Exhibits E1, E2, E3, E4 and E5 submitted with the application. Subject to the Village Engineer s memorandum dated January 3, Subject to the Appearance Review Team (ART) minutes dated January 5, Pursuant to Sign Code, Section , Subsection A for the wall signs and Section , Subsection B for the ground sign. Com. Windecker seconded the motion. Roll Call Vote: AYE Cesario, Steingold, Windecker, Au, Entman NAY None ABSTAIN None Motion Passed 5 to 0. Item to appear on the February 6, 2012 Village Board Consent Agenda. DRAFT MINUTES ZONING BOARD OF APPEALS JANUARY 17, 2012

41 ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILLINOIS FINDINGS OF FACT ON VARIATION OF SIGN CODE THE BUFFALO GROVE ZONING BOARD OF APPEALS HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: I. THE SUBJECT PROPERTY: A. Applicant: Fifth Third Bank B. Location: 345 W. Dundee Road C. Zoning District: B3 Planned Business District D. Type of Sign: Wall Signs and Ground Sign E. Characteristics of Sign (including size): Ground Sign: 64 high by 118 wide illuminated ground sign to be installed on a 32 high brick base for an overall height of 96. Ground sign to be installed is to replace the existing ground sign in the same location. Wall Signs (east and west elevations): 54 high by 189 wide illuminated wall signs. Wall signs are to replace the existing wall signs in the same location. F. Lot Characteristics: Irregular shaped corner lot located at the south west corner of Dundee Road and Golfview Terrace. II. CHARACTERISTICS OF THE SURROUNDING AREA: North R5A Residential District South B3 Planned Business District East - B1 Business District West - R1 SU Residential District III. VARIATION SOUGHT: Sign Code, Section , pertaining to Business Districts; Section , pertaining to Ground Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the developed parcel; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public right-of-way. Draft Findings of Fact Fifth Third Bank, 345 W. Dundee Road January 17, 2012 Page 1 of 4

42 IV. EXHIBITS DEPICTING VARIATION: A. Exhibit A1 Site Plan B. Exhibit A2 Plat of Survey C. Exhibit D Letter dated December 16, 2011 D. Exhibit E1 - E5 Proposed sign renderings E. Exhibit I Letter of Authorization V. VILLAGE ENGINEER S REPORT Village Engineer s memorandum addressed to Brian Sheehan dated January 3, 2012 which states: I have no comments on the proposal. VI. VARIATION POWER & CRITERIA: Sign Code, Section , Sub-section A and Sign Code, Section , Sub-section B VII. PUBLIC HEARING: After due notice as required by law, a copy of said publication notice being attached hereto as Exhibit C, the Zoning Board of Appeals held a public hearing regarding the proposed variance on Tuesday, January 17, 2012 at the Village Hall, 50 Raupp Blvd., Buffalo Grove, IL at 7:30P.M. The applicant s agent, Mr. Christopher Wrobel, Kieffer & Company, testified at the hearing and presented documentary evidence. The following objectors appeared at the hearing: None The following sent written objection prior to the hearing: None Attached hereto and made a part hereof as Exhibit J are the minutes of the Zoning Board of Appeals meeting held on Tuesday, January 17, VIII. FINDINGS: The Zoning Board of Appeals finds that the criteria as set forth in Section , Subsection A of the Sign Code for the proposed wall signs have been met in that the Petitioner has shown: 1. That not allowing the variance will cause undue and unnecessary Draft Findings of Fact Fifth Third Bank, 345 W. Dundee Road January 17, 2012 Page 2 of 4

43 hardship due to the following unique or unusual circumstances: A. To identify the new branding image for the bank. 2. That granting the requested variance would not be detrimental to the property owners in the vicinity; 3. That the unusual conditions applying to the specific property do not apply generally to other properties in the Village; and, 4. That granting of the variance will not be contrary to the general objectives of this the Village s Sign Code of moderating the size, number and obtrusive placement of signs and the reduction of clutter. The Zoning Board of Appeals finds that the criteria as set forth in Section , Subsection B of the Sign Code for the proposed ground sign has been met in that the Petitioner has shown: 1. The proposed signage is of particularly good design and in particularly good taste; and 2. The entire site has been or will be particularly well landscaped. IX. CONDITIONS: The variance shall be subject to the following conditions: 1. The signs are to be installed pursuant to Exhibits E1, E2, E3, E4 and E5 submitted with the application. 2. Subject to the Village Engineer s memorandum dated January 3, Subject to the Appearance Review Team (ART) minutes dated January 5, X. CONCLUSION: The Zoning Board of Appeals, by a vote of 5 to 0, recommends to the Village Board to grant the request made by Kieffer & Co., 585 Bond Street, Lincolnshire, Illinois on behalf of Fifth Third Bank, 345 W. Dundee Road, for variance of Sign Code, Section , pertaining to Business Districts; Section , pertaining to Ground Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the developed parcel; replacing the existing ground sign with Draft Findings of Fact Fifth Third Bank, 345 W. Dundee Road January 17, 2012 Page 3 of 4

44 a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public right-of-way. Dated January 17, 2012 VILLAGE OF BUFFALO GROVE, IL Bruce Entman, Chairman Zoning Board of Appeals Draft Findings of Fact Fifth Third Bank, 345 W. Dundee Road January 17, 2012 Page 4 of 4

45 PUBLIC HEARING NOTICE PUBLIC NOTICE is hereby given that the Buffalo Grove Zoning Board of Appeals will hold a Public Hearing at 7:30 P.M. on Tuesday, January 17, 2012 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. Request is being made by Kieffer & Co., 585 Bond Street, Lincolnshire, Illinois on behalf of Fifth Third Bank, 345 W. Dundee Road, for variance of Sign Code, Section , pertaining to Business Districts; Section , pertaining to Ground Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the developed parcel; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public right of way. Legal Description: Lot 3 in Covington II, being a Resubdivision of Lots 1, 2 and 3 in Covington Office Plaza, a Resubdivision of part of the east half of the northeast quarter of Section 8, Township 42 north, Range 11, east of the Third Principal Meridian, according to the Plat of said Covington II recorded November 18, 2002 as Document , in Cook County, Illinois. Commonly known as: 345 W. Dundee Road, Buffalo Grove, Illinois VILLAGE OF BUFFALO GROVE, IL Bruce Entman, Chairman Zoning Board of Appeals

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47 ART (Appearance Review Team) Meeting JANUARY 5, W. DUNDEE ROAD, FIFTH THIRD BANK SIGN CODE VARIATIONS FOR A GROUND SIGN AND WALL SIGNS PRESENT Ghida Neukirch, Deputy Village Manager Brian Sheehan, Deputy Building Commissioner/Operations Carol Berman, Deputy Building Commissioner/Administration Nidhi Vaid, Associate Planner Joseph Wallace, Plan Examiner PROPOSAL Request is being made by Kieffer & Co., 585 Bond Street, Lincolnshire, Illinois on behalf of Fifth Third Bank, 345 W. Dundee Road, for variance of Sign Code, Section , pertaining to Business Districts; Section , pertaining to Ground Signs; and Section , pertaining to Wall Signs, for the purpose of allowing a second ground sign on the developed parcel; replacing the existing ground sign with a new ground sign that is located within two hundred fifty (250) feet of the existing Kingswood Church ground sign located on the same side of the street; and to replace the existing east and west elevation wall signs with new east and west elevation wall signs. The west elevation wall sign would be a second wall sign and does not face the public right-of-way. Mr. Sheehan explained that signs are proposed based on the new branding image of the bank. The signs will be smaller than the existing signs. There were no additional questions or comments from the ART members. RECOMMENDATION The ART has determined that the appearance of the ground sign and wall signs as proposed meets the criteria set forth in the Village of Buffalo Grove Appearance Plan and is in harmony with the building and is compatible with the surrounding area. This request is scheduled to appear before the ZBA on Tuesday, January 17, Prepared by: Julie Kamka Building & Zoning Department

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58 Ordinance No : Amending Title 5.20, Class E, Deerfields Bakery 11-B Recommendation of Action Staff recommends approval. Overview Approval is recommended. Attachments Class E license Deerfield Bakery.pdf Trustee Liaison President Braiman Monday, February 6, 2012 Staff Contact Jane L Olson, Finance & GS Consent Agenda: Ordinances and Resolutions - Item : 11-B

59 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Subsection E. of Section of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: E. Class E. Licensee and d/b/a Address 1. Hanabi, Inc. d/b/a Hanabi Japanese Restaurant 734 S. Buffalo Grove Road 2. Continental Restaurant, Inc. 782 S. Buffalo Grove Road 3. Best In Town, Inc. d/b/a Giordano s of Buffalo Grove 270 North Mc Henry Road 4. Grande Jakes Fresh Mexican Grill in BG, Inc. 205 Dundee Road 5. KSH, Inc. d/b/a Deerfields Bakery 201 North Buffalo Grove Road Section 2 A. A Class E license is hereby reserved for KSH, Inc. d/b/a Deerfields Bakery, 201 North Buffalo Grove Road. This reservation is subject to the applicant completing village requirements for said license on or before June 6, The Village Manager shall have the authority to extend the June 6, 2012 date for good cause, and if not so extended, this reservation shall cease. B. The following special condition shall apply to KSH, Inc. d/b/a Deerfields Bakery liquor license. All beer and wine shall only be served and delivered to tables on the premises and only after verification of identification indicating the age of twenty-one years of age or older has been presented to the server. C. This Section 2 shall not be codified. Section 3 This Ordinance shall be in full force and effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED:, 2012 APPROVED:, 2012 ATTEST: Village President Village Clerk

60 Resolution No : Supporting NWMC 2012 Legislative Program 11-C Recommendation of Action Staff recommends approval. Overview The 2012 Northwest Municipal Conference Legislative Program contains numerous recommendations to both ensure the fiscal stability of struggling communities and address continuously escalating labor costs. The Legislative Program provides solutions to the challenges faced by local governments. One primary focus of the program highlights the need to ensure the fiscal stability of communities by preventing the loss of local government revenues. The program also highlights a number of ways the state could help reduce the escalating local government labor costs, including public safety pension reform, preventing abuse in the award of lifetime healthcare benefits to injured workers and changing the interest arbitration process. The Northwest Municipal Conference will utilize the Legislative Program to guide their legislative efforts in Washington and Springfield this year. Copies of the 2012 NWMC Legislative Program can be downloaded at: Attachments RESOLUTION in support of 2012 NWMC Legislative Program.pdf Trustee Liaison President Braiman Staff Contact Dane C Bragg, Office of Village Manager Monday, February 6, 2012 Consent Agenda: Ordinances and Resolutions - Item : 11-C

61 RESOLUTION SUPPORTING THE NORTHWEST MUNICIPAL CONFERENCE 2012 LEGISLATIVE PROGRAM WHEREAS, the Village of Buffalo Grove is a member of the Northwest Municipal Conference; and WHEREAS, the Northwest Municipal Conference works with its members to develop its annual Legislative Program that serves as a comprehensive platform on legislative issues in order to protect and benefit the interests of its member municipalities, residents, and businesses in our communities and the region; and WHEREAS, the Northwest Municipal Conference s 2012 Legislative Program focuses on issues vital to the Village of Buffalo Grove including protecting local government revenues, online sales tax collection and sales tax sourcing rules as well as addressing labor related cost drivers such as pension reform, preventing abuse of the Public Safety Employees Benefit Act and balancing the interest arbitration process; and WHEREAS, the Northwest Municipal Conference will actively pursue these legislative priorities to the benefit of the Village of Buffalo Grove and all members of the Northwest Municipal Conference. NOW, THEREFORE, BE IT RESOLVED, that the Village of Buffalo Grove hereby expresses support for the Northwest Municipal Conference s 2012 Legislative Program; and BE IT FURTHER RESOLVED, that the Village of Buffalo Grove will actively support the 2012 Legislative Program both locally and in our federal and state capitols; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Northwest Municipal Conference, to all state and federal legislators representing the Village of Buffalo Grove, to the Office of the Governor, and to department heads in the Village of Buffalo Grove. AYES: NAYES: ABSENT: Approved, 2012 Passed, 2012 Attest: Village President Village Clerk

62 Ordinance No : An Ordinance Transferring the Special Use from Enrichment Enterprises, Inc. to M2 Property Group, LLC concerning the KidTown USA facility, 1425 Busch Parkway, in the Industrial District 12-A Recommendation of Action Staff recommends approval. Overview Joe Sharp of M2 Property Group is proposing to acquire the KidTown USA facility at 1425 Busch Parkway. Enrichment Enterprises currently operates the facility pursuant to special use approvals for an indoor playground and a child day care center in the Industrial District. Mr. Sharp requests transfer of the special use approvals granted to Enrichment Enterprises. Mr. Sharp s letter dated January 16, 2012 (attached as Exhibit C to the draft ordinance) states that M2 Property Group would continue the programs as currently operated at the facility. The letter also notes that there may be future requests to expand programs at the facility. The draft ordinance is attached. Next Steps Approval of ordinance transferring special use. Prior Actions Approval of Ordinances Nos , and Anticipated Future Board Actions Possible amendments to special use Attachments Ord-Draft_1425 Busch Pkwy_Special Use_ pdf Trustee Liaison Trustee Sussman Staff Contact Robert E Pfeil, Planning Monday, February 6, 2012 Ordinances and Resolutions - Item : 12-A

63 2/2/2012 ORDINANCE NO AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS KidTown USA (also known as Kids and Company) 1425 Busch Parkway The Corporate Grove Business Park WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( Property ) attached hereto is zoned in the Industrial District; and, WHEREAS, the Village of Buffalo Grove (the Village ) approved Ordinance No and amended by Ordinance No , granting a special use to allow Enrichment Enterprises, Inc. to operate an indoor play facility for children pursuant to the conditions set forth in said ordinances; and, WHEREAS, Enrichment Enterprises, Inc. petitioned to provide child day care services at the facility, and said use was approved as a special use by Village Ordinance No ; and, WHEREAS, Enrichment Enterprises, Inc. has conducted the special use at 1425 Busch Parkway under the names of Kids and Company and KidTown USA; and, WHEREAS, M2 Property Group, LLC, an Illinois limited liability company ( Petitioner ) proposes to purchase the KidTown USA business from Enrichment Enterprises, Inc. and assume the current lease with the property owner concerning the operation of the indoor playground and child day care facility on the Property; and, WHEREAS, Petitioner is requesting transfer of the special use granted to Enrichment Enterprises, Inc. by Ordinance No , and has petitioned to the Village for approval of said transfer; and,

64 2 WHEREAS, Petitioner has represented that the current operation would be continued in its present form and in compliance with the terms and conditions of Ordinance No ; and, WHEREAS, the Petitioner has presented the following exhibits in support of the petition for a special use: EXHIBIT A EXHIBIT B EXHIBIT C Legal Description Acceptance and Agreement concerning special use Letter dated January 16, 2012 from Joe Sharp, M2 Property Group, LLC WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the transfer of the special use to M2 Property Group, LLC on the terms and conditions set forth herein would enable the Village to control impacts created by the business and minimize adverse effects on adjacent properties and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to, and in accordance with, the Village s Zoning Ordinance, Development Ordinance and the Village s Home Rule powers. The preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving transfer of the special use approved by Village Ordinance No to M2 Property Group, LLC for operation of the KidTown USA facility pursuant to the exhibits incorporated herein for the Property legally described in Exhibt A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until M2 Property Group, LLC assumes the lease for the KidTown USA facility at 1425 Busch Parkway, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by February 27, 2012, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to M2 Property Group, LLC and does not run with the land and is not assignable or transferrable unless approved by the Village. The Village may, in its sole discretion, require a public hearing prior to allowing transfer of the special use.

65 3 D. The Petitioner shall submit the executed Acceptance and Agreement attached hereto and incorporated herein as Exhibit B to the Village by February 27, E. M2 Property Group, LLC shall secure a license from the Illinois Department of Children and Family Services (IL DCFS) prior to providing child day care services on the Property. In the event that said license is not approved, or if said license is revoked by IL DCFS, the special use granted by the Village for operation of a child care center is automatically revoked. The special use to operate an indoor playground would remain in force pursuant to the terms and conditions of approval by the Village. F. Modifications to the terms and conditions set forth in Village Ordinance No and Ordinance No are subject to approval by the Village. The Village may, in its sole discretion, require a public hearing prior to approving modifications to said terms and conditions of said ordinances. G. Signs for the business are not approved by this Ordinance and are subject to the regulations set forth in the Village Sign Code. Section 3. The terms and conditions set forth in Village Ordinance No and Ordinance No remain in full force and effect unless specifically modified by this Ordinance. The restriction in Section 2.A. of Village Ordinance No concerning the transfer or sale of Enrichment Enterprises, Inc. stock or ownership is hereby repealed. Section 4. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease and the executed Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED:

66 4 ATTEST: APPROVED: Village Clerk JEFFREY S. BRAIMAN, Village President

67 5 EXHIBIT A Legal Description 1425 Busch Parkway Buffalo Grove, Illinois The Corporate Grove Business Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 8, 9, 10, 11, 12, 13 and 14 in the Corporate Grove, being a subdivision of part of the southwest quarter of Section 26 and part of the south half of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded August 22, 1984 as Document in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1425 Busch Parkway, Buffalo Grove, IL PIN: (Lot 8) (Lot 9) (Lot 10) (Lot 11) (Lot 12) (Lot 13) (Lot 14)

68 6 EXHIBIT B KidTown USA (also known as Kids and Company) 1425 Busch Parkway Buffalo Grove, Illinois Petitioner and Property Owner Acceptance and Agreement concerning special use ordinance M2 Property Group, LLC does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. company M2 Property Group, LLC, an Illinois limited liability By: (Printed name and title) Signature: The undersigned Owner of the Property acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No _. CGA Investment Co. LLC By: (Printed name and title) Signature:

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70 Resolution No : A Resolution Approving An Agreement with Melrose Pyrotechynics, Inc. for the provision of fireworks in years 2012 and B Recommendation of Action Staff recommends approval of the attached two contracts with Melrose Pyrotechnics for Independence Day and Labor Day fireworks in 2012 and Budget Impact $40,000 Overview Fund / Account Corporate Fund, Account Budget Notes $20,000 per display shall be paid from the Legislative budget (Independence Day) and Finance budget (Buffalo Grove Days). In October, 2008, the Corporate Authorities approved an agreement with Melrose Pyrotechnics for the July 4th and Labor Day displays in years 2009, 2010 and The agreement was established following a 2007 Request for Proposal and two one-display contracts in one with Johnny Rockets and one with Melrose Pyrotechnics, respectively coordinated on Independence Day and Labor Day. The Village selected Melrose Pyrotechnics as the preferred contractor due to the show presentation, organization, responsiveness and overall logistics. It is recommended that the Village extend its contract with Melrose Pyrotechnics for two additional years 2012 and The Village has had an excellent working relationship with Melrose Pyrotechnics ( Melrose ) for more than ten years. Melrose is based in Kingsbury, Indiana. They are the recipient of a number of global awards including 1st Place in the Hanabi World Cup in Nagasaki, Japan in 2010, and 3rd Place in the L International des Feux Loto-Quebec in They also have voluminous local and noteworthy contracts including the City of Chicago, Navy Pier and Chicago Bears. Most importantly, the Village s Fire Prevention staff is in full support of Melrose s contract due to their safety record, electronic system reliability, quality fireworks, and overall responsiveness. Following are highlights of the contracts: 1. Agreement between the Village of Buffalo Grove and Melrose Pyrotechnics for years 2012 and 2013, Independence Day (July 4) and Labor Day weekends (September 2, 2012 and September 1, 2013). 2. Each display shall cost the Village $20,000. The offered pricing is equivalent to fees in the current contract. The Village will establish a sponsor program to help offset costs. 3. The Village has the right, without penalty or cost to cancel any display, reduce or increase the cost of the display with 90 days written notice. 4. A five percent product bonus is included in each contract from year one to year two. 5. Show length shall continue to be minutes with constant display. 6. All aerial display no ground fireworks.

71 7. The show must clear the tree line to be visible to area viewing areas such as the Rotary Village Green, Willow Stream Park, and the Buffalo Grove Business Park. 8. The fireworks shall be electronically fired. 9. Display shall be coordinated with music. Melrose shall supply two quality CD s for presentation and coordinate music presentation. 10. In the event of inclement weather preventing the display as determined by the Village or Melrose, Melrose shall agree to a mutually convenient alternate date. The Village of Buffalo Grove reserves the right to stop the event due to weather with no penalty. Next Steps The Village has a Standard Operating Procedure which is utilized for each public pyrotechnic display. The SOP involves Village staff representing management, fire, police, public works and golf. The SOP sets forth the set-up and clean-up procedure, as well as communication among all parties and communication with the public in the event of a delay or cancellation of a display. The SOP will be reviewed by staff in advance of each pyrotechnic display. Attachments Fireworks Reso 2012.pdf Contract July PDF Contract Sept PDF buffalo grove letter.pdf Trustee Liaison Trustee Berman Staff Contact Ghida Neukirch, Office of Village Manager Monday, February 6, 2012 Ordinances and Resolutions - Item : 12-B

72 RESOLUTION NO A RESOLUTION APPROVING AN AGREEMENT WITH MELROSE PYROTECHNICS, INC. FOR THE PROVISION OF FIREWORKS IN YEARS 2012 AND WHEREAS, the Village of Buffalo Grove (hereinafter, Village ) is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village desires to contract with Melrose Pyrotechnics, Inc. for two fireworks displays in Buffalo Grove for the Independence Day and Labor Day celebration in years 2012 and 2013; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The Village Manager is hereby authorized to execute the Agreements, copies of which are attached hereto as Exhibit A and Exhibit B. Section 2. This Resolution shall be in full force and effect from and after its passage and approval. AYES:, NAYS:, ABSENT:, ABSTAIN:, PASSED, 2012 APPROVED:, 2012 Approved: Attest: Village President Village Clerk

73 MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 19 th Day of January AD 2012 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, Indiana and Village of Buffalo Grove (Customer) of City Buffalo Grove State Illinois. WITNESSETH: MELROSE PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER one (1) Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of 07/04/2012; 07/04/2013 Customer Initial, weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay to MELROSE PYROTECHNICS, INC. on demand, all MELROSE PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. 5% PRODUCT BONUS FROM THE FIRST YEAR ADDED TO THE SECOND YEAR AT NO ADDITIONAL CHARGE. MELROSE PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. MELROSE PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of product for the display. It is further agreed and understood that the CUSTOMER is to pay MELROSE PYROTECHNICS, INC. the sum of Twenty Thousand Dollars 00/100 ($20,000.00) per display date. A service fee of 1 ½ % per month shall be added, if account is not paid within 30 days of the show date. MELROSE PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 420 feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorney s fees and court costs incurred by MELROSE PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE PYROTECHNICS, INC. CUSTOMER By: By: Its duly authorized agent, who represents he/she has full authority to bind the customer. Date Signed: January 19, 2012 Date Signed: (PLEASE TYPE OR PRINT) Wynn Cramer, Event Producer Name: 1 Kingsbury Industrial Park, P.O. Box 302 Address: Kingsbury, Indiana (800) Phone: wynn@melrosepyro.com

74 MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 19 th Day of January AD 2012 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, Indiana and Village of Buffalo Grove (Customer) of City Buffalo Grove State Illinois. WITNESSETH: MELROSE PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER one (1) Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of 09/02/2012; 09/01/2013 Customer Initial, weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay to MELROSE PYROTECHNICS, INC. on demand, all MELROSE PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. 5% PRODUCT BONUS FROM THE FIRST YEAR ADDED TO THE SECOND YEAR AT NO ADDITIONAL CHARGE. MELROSE PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. MELROSE PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of product for the display. It is further agreed and understood that the CUSTOMER is to pay MELROSE PYROTECHNICS, INC. the sum of Twenty Thousand Dollars 00/100 ($20,000.00) per display date. A service fee of 1 ½ % per month shall be added, if account is not paid within 30 days of the show date. MELROSE PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 420 feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorney s fees and court costs incurred by MELROSE PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE PYROTECHNICS, INC. CUSTOMER By: By: Its duly authorized agent, who represents he/she has full authority to bind the customer. Date Signed: January 19, 2012 Date Signed: (PLEASE TYPE OR PRINT) Wynn Cramer, Event Producer Name: 1 Kingsbury Industrial Park, P.O. Box 302 Address: Kingsbury, Indiana (800) Phone: wynn@melrosepyro.com

75 January 25, 2012 Ms. Ghida Neukirch 50 Raupp Blvd. Buffalo Grove, IL Dear Ghida, Enclosed are the contracts for your July 4th and Labor Day fireworks displays. Since these are two year contract, we'll add a five percent bonus to each of the displays in Like our previous agreement, you can cancel, reduce or increase the cost of the display up to thirty days prior to the show date. Please draw a line through the sentence in our contract that pertains to the rescheduling fee. Please call me if you have any questions. Sincerely, Wynn Cramer Melrose Pyrotechnics, Inc.

76 Resolution No : A Resolution Approving an Intergovernmental Agreement between and among the Village of Arlington Heights, Village ofbuffalo Grove, Village of Lincolnshire, Village of Long Grove, Village of Palatine, Village of Vernon Hills and Village of Wheeling concerning Electric Aggregation. 12-C Recommendation of Action Staff recommends approval of the attached Resolution which would approve an Intergovernmental Agreement between Buffalo Grove and six neighboring communities for the aggregation of electricity initiative. It is also recommended that the Village Board authorize the Village Manager to enter into a contract with an electric supplier in order to obtain the most cost effective and responsible service contract for residential and small businesses in the Village of Buffalo Grove Overview On March 20, 2012, Arlington Heights, Buffalo Grove, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling voters will have the opportunity to vote on an opt-out Electric Aggregation Program by referendum. There are a total of 154 Illinois municipalities which will have this referendum question on the ballot. If approved, each municipality within the "Consortium" will operate a separate Electric Aggregation Program for its residents, although the communities recommend working together to collectively bid and contract for electric supply. Following are highlights of the proposed Intergovernmental Agreement. The Agreement was drafted by the Village of Buffalo Grove and reviewed by the partnering municipal representatives. Each respective Board is expected to approve the Intergovernmental Agreement by Mid-February. 1. The purpose of the Agreement is to establish regulations relating to the common bidding and contracting for the Joint Power Supply Bid. 2. The term of the agreement is 1 year. The Agreement would automatically renew for 1 year annually thereafter unless terminated in writing no later than 7 days before issuance of the bid. 3. The Village of Buffalo Grove is serving as the lead coordinator of this initiative. 4. The procedure for developing Request for Proposals is set forth within Section 5.B, page 3. The municipalities shall meet and confer and agree upon a set of technical specifications and requirements, as well as the bidding and contract documents. It is possible that the consortium will issue a Request for Qualifications to seek a wholesale supplier of electricity in advance of the referendum and thereafter subject to passing of the referendum. The purpose of seeking a supplier in advance is due to the number of municipalities seeking to aggregate electricity and the limited number of certified electricity suppliers. The RFQ would be presented for Board consideration the first meeting in March in order to guarantee to the greatest extent possible that there will be a supplier that will be able to meet the qualifications set forth by the Village and the participating municipalities within the consortium. 5. The agreement sets forth that the Village Manager is hereby authorized to accept the lowest and most responsible bid after opening of the sealed bids.

77 6. The participating municipalities shall pay equally in paying for the Electric Aggregation Program which include costs associated with the consulting, preparation of solicitation for bids for the Joint Power Supply Bid; legal services provided by Raysa & Zimmermann, LLC which shall not exceed $7, total. Next Steps Buffalo Grove residents and businesses can attend an upcoming information meeting to learn more about the March 20th referendum: Tuesday, February 21, 7:30 pm - Arlington Heights Village Hall, 33 South Arlington Heights Road Wednesday, February 29, 2:00 pm - Buffalo Grove Village Hall, 50 Raupp Boulevard Thursday, March 8, 7:00 pm - Vernon Hills Village Hall, 290 Evergreen Drive Information about the aggregation of electricity initiative can be found on the Village's web site at and information will be included in the next Village newsletter. Individuals can also contact the Office at the Village Manager at electricityagg@vbg.org or call Prior Actions On Monday, November 7, 2011, the Village Board unanimously approved Resolution , authorizing the Village to place a referendum on the March 20, 2012 election ballot. The referendum is a requirement by state law which, if approved, would allow municipalities the ability to seek competitive pricing for the provision of electricity to residents and small businesses. Attachments Intergov Aggreg Electricity Reso pdf IGA Community Partners pdf Trustee Liaison Trustee Trilling Staff Contact Ghida Neukirch, Office of Village Manager Monday, February 6, 2012 Ordinances and Resolutions - Item : 12-C

78 RESOLUTION NO A RESOLUTION APPROVING AN INTERGOVERNMENT AGREEMENT BETWEEN AND AMONG THE VILLAGE OF ARLINGTON HEIGHTS, VILLAGE OF BUFFALO GROVE, VILLAGE OF LINCOLNSHIRE, VILLAGE OF LONG GROVE, VILLAGE OF PALATINE, VILLAGE OF VERNON HILLS AND VILLAGE OF WHEELING CONCERNING ELECTRIC AGGREGATION WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised jointly with any other unit of local government; and WHEREAS, the Village of Buffalo Grove and Villages of Arlington Heights, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling share a common interest in pursuing an electric aggregation program and pursuing joint action and intergovernmental cooperation for a Joint Power Supply Bid. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The President and Board of Trustees of the Village of Buffalo Grove support an Intergovernmental Agreement with the Village of Arlington Heights, Village of Lincolnshire, Village of Long Grove, Village of Palatine, Village of Vernon Hills and Village of Wheeling in order to share resources and collaborate together in activities in order to facilitate the sale and purchase of electricity for residential and small business customers. Section 2. The Village President and Village Clerk of the Village of Buffalo Grove are hereby authorized to execute the Intergovernmental Agreement, a copy of which is attached hereto as Exhibit A. Section 3. The Village Manager is hereby authorized to accept or reject bids and enter into a contract with an electric supplier to obtain the most cost effective and responsible service contract for residential and small businesses in the Village of Buffalo Grove. Section 4. This Resolution shall be in full force and effect from and after its passage and approval. AYES: NAYES: ABSENT: Approved, 2012 Passed, 2012 Attest: Village President Village Clerk

79 Exhibit A INTERGOVERNMENTAL AGREEMENT BY, BETWEEN AND AMONG THE VILLAGE OF ARLINGTON HEIGHTS, VILLAGE OF BUFFALO GROVE, VILLAGE OF LINCOLNSHIRE, VILLAGE OF LONG GROVE, VILLAGE OF PALATINE, VILLAGE OF VERNON HILLS AND VILLAGE OF WHEELING CONCERNING ELECTRIC AGGREGATION THIS INTERGOVERNMENTAL AGREEMENT ( Agreement ) is made and entered into as of the day of, 2012, by, between, and among the VILLAGE OF ARLINGTON HEIGHTS, an Illinois municipal corporation ( Arlington Heights ), THE VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation ( Buffalo Grove ), THE VILLAGE OF LINCOLNSHIRE, an Illinois municipal corporation ( Lincolnshire ), THE VILLAGE OF LONG GROVE, an Illinois municipal corporation ( Long Grove ), the VILLAGE OF PALATINE, an Illinois municipal corporation ( Palatine ), the VILLAGE OF VERNON HILLS, an Illinois municipal corporation ( Vernon Hills ), and the VILLAGE OF WHEELING an Illinois municipal corporation, ( Wheeling ), (collectively, the Parties ). WITNESSETH: WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 ( Act ), authorizes the corporate authorities of a municipality to establish a program to aggregate electrical loads of residential and small commercial retail customers and to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services and equipment for those electrical loads ( Electric Aggregation Program ); and WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum, operate an Electric Aggregation Program as an opt-out program that applies to all residential and small commercial retail electrical customers who do not affirmatively choose not to participate; and WHEREAS, the Act authorizes municipalities to jointly operate an Electric Aggregation Program and does not prohibit municipalities from entering into an intergovernmental agreement to aggregate electric loads for those programs; and WHEREAS, on March 20, 2012, Arlington Heights, Buffalo Grove, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling seek to establish by referendum opt-out Electric Aggregation Programs pursuant to the Act; and WHEREAS, although each Party will operate a separate Electric Aggregation Program for its residents, the Parties have individually and collectively determined that combining the bidding and contracting process to obtain the supply of electric power for their Electric Aggregation Programs could provide potential savings through a joint project bid ( Joint Power Supply Bid ); and WHEREAS, the Parties desire to establish an Intergovernmental Agreement by, between, and among Arlington Heights, Buffalo Grove, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling to facilitate joint action and intergovernmental cooperation for the Joint Power Supply Bid; and WHEREAS, to achieve these and other related objectives, the Parties desire to continue to utilize the powers and authority granted to them, individually and collectively, pursuant to Article VII, Section

80 10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section 1-92 of the Act, 20 ILCS 3855/1-92; and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues affecting this matter, each of the Parties has determined that it is in the best interests of its citizens and of the general public welfare that this Agreement be executed and implemented by the Parties; and WHEREAS, the Parties have agreed to participate equally in paying for the hiring of a consultant and the Joint Power Supply Bid; and WHEREAS, the Parties have each approved this Agreement by an ordinance or resolution duly adopted by the Party s corporate authorities; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, and pursuant to all applicable statutes and local ordinances, specifically including, but without limitation, Article VII, Section 10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section 1-92 of the Act, 20 ILCS 3855/1-92, the Parties do hereby agree as follows: SECTION 1. RECITALS. The foregoing recitals are, by this reference, incorporated into and made a part of this Agreement. SECTION 2. PURPOSE. This Agreement is made for the purpose of establishing all of the authority, powers, and resources necessary and convenient to allow the Parties to jointly and efficiently address common bidding and contracting for the Joint Power Supply Bid. This Agreement is further intended to allow the Parties to jointly seek available local, state, and federal funds and other resources, if available, to assist in addressing the Joint Power Supply Bid identified by the Parties as necessary, and being appropriate for, the joint action of the Parties. SECTION 3. TERM; OTHER PARTIES. A. Effective Date. This Agreement shall take effect as of the date stated in the first paragraph of this Agreement.. B. Term. The term of this Agreement shall be one (1) year from the effective date of this Agreement (the Initial Term ). Unless this Agreement is terminated as set forth in Section 6 herein, the Agreement shall automatically renew for another one (1) year period (the Subsequent Term ). At the end of any Subsequent Term, the Agreement shall continue to automatically renew for an additional one year period, unless terminated as set forth in Section 6 herein. C. Governance. The Agreement shall be managed, and the duties under this Agreement performed, by the respective chief administrative officers of each Party, or their 2

81 respective duly authorized representatives or designees ( Party Representative ). Each Party Representative shall operate and act with respect to Agreement affairs and actions only pursuant to action duly authorized by the Party Representative s corporate authorities. Buffalo Grove as Official Coordinator of this Agreement is authorized to take such actions as are necessary to effectuate the purpose of this Agreement. SECTION 4. GENERAL COOPERATION. A. Cooperation. The Parties acknowledge and agree to cooperate with each other in furtherance of the purposes, goals, and objectives of the Agreement. Cooperation required by this Agreement specifically includes, but is not limited to, the sharing and joint utilization by and among the Parties of information and other materials possessed or developed by the Parties, either individually or collectively, and necessary to investigate, identify, and otherwise document the Joint Power Supply Bid. B. Independent Operation. Notwithstanding the provisions of Section 4.A of this Agreement, the Parties acknowledge and agree that the Parties are operating separate Electric Aggregation Programs for each community pursuant to their own plans of governance, and that the Joint Power Supply Bid does not create any responsibility or obligation for any Party to administer or operate any aspect of the Electric Aggregation Program of any other Party. SECTION 5. CONTRACTING PROCESS; PAYMENTS AND EXPENSES. A. Official Coordinator. For the Initial Term of this Agreement Arlington Heights, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling shall prepare and submit contract documents and bid specifications for their portions of the Joint Power Supply Bid to Buffalo Grove, who will serve as the Official Coordinator to bid the Joint Power Supply Bid. B. Procedure for Developing Request for Proposals. At such time as the Parties desire to solicit competitive sealed bids ( Sealed Bids ) from contractors for the Joint Power Supply Bid, the Parties shall agree to follow the following process: i. The Parties shall meet and confer and agree upon a set of technical specifications and requirements ( Technical Requirements ) and bidding and contract documents ( Contract Package ) for the Joint Power Supply Bid. The contract documents shall include a contract to be executed by and between the contractor and each Party for the provision of electrical power to that Party pursuant to the Joint Power Supply Bid ( Power Supply Agreement ). The Contract Package shall, without limitation, require bidders to submit pricing to supply electric power to all Parties jointly, provided that the bidder s pricing structure must allow a Party or Parties to proceed with the Joint Power Supply Bid at the joint price, or a substantially similar price. ii. All Parties shall have an adequate opportunity to review and comment on the Technical Requirements and Contract Package, and shall provide such 3

82 comments to the Official Coordinator. Revised drafts of the Technical Requirements and Contract Package shall be prepared and reviewed by the Parties until such time as the Parties have approved these documents. iii. iv. When all Parties are satisfied with the Technical Requirements and Contract Package, the Official Coordinator may issue these documents to prospective contractors or suppliers to solicit Sealed Bids, and shall establish a deadline for the submission of Sealed Bids. During the time following the issuance of the Technical Requirements and Contract Package, and prior to the deadline for submission of Sealed Bids, the Official Coordinator shall issue such addenda to the prospective contractors as may be necessary to respond to the inquiries of such prospective contractors or to clarify the Technical Requirements and Contract Package. The Official Coordinator shall consult with the other Parties prior to issuing any such addenda. The Parties shall refer any inquiries or issues received or identified regarding the Technical Requirements and Contract Package to the Official Coordinator for possible inclusion in such an addendum. v. Following receipt of the Sealed Bids, the Official Coordinator shall provide copies of the Sealed Bids to each of the Parties. The Party Representatives shall examine and review the Sealed Bids and shall confer to discuss the Sealed Bids and to recommend to the Parties which contractor shall be selected. vi. vii. The village managers or designee of each Party is hereby authorized to accept the lowest and most responsible bid after opening of the Sealed Bids. For each Party that is going to move forward with the Power Supply Agreement, the corporate authorities or authorized designee of that Party must approve the award of the Power Supply Agreement. C. Administration by the Parties. After the completion of the Joint Power Supply Bid and the award by each Party of its own Power Supply Agreement with the contractor, each Party shall be responsible to manage its own Power Supply Agreement and Electric Aggregation Program. D. Expenses. Except as set forth in Section 5.E. herein, the Parties acknowledge and agree to use their respective staffs and resources, at no cost to the other Parties. E. Costs of this Agreement. The Parties agree to participate equally in paying for the Electric Aggregation Program which include costs associated with (i) Consultant s costs; (ii) the preparation of solicitation for bids for the Joint Power Supply Bid; (iii) legal services to be provided by Raysa & Zimmermann, LLC which shall not exceed $7,000.00; and (iv) other actions deemed necessary to effectuate the purpose of this Agreement. Each Party shall receive a detailed invoice identifying the service provided and date of service. Each Party shall remit payment within thirty (30) days of the receipt of an invoice. Each Party shall budget and appropriate sufficient funds to pay its respective share of said costs. A terminating Party shall remain liable and responsible for paying 4

83 their share of costs incurred prior to termination. If a Party s referendum fails to pass said Party shall remain liable and responsible for paying their share of costs incurred prior to the referendum. SECTION 6. WITHDRAWAL; TERMINATION. A. Right to Withdraw. Any Party may withdraw from this Agreement prior to going out to bid on the Joint Power Supply Bid in the Initial Term or any Subsequent Term, provided that the withdrawing Party must provide notice in writing to the other Parties of its withdrawal no later than 7 days before issuance of the bid. B. Dissolution and Termination. This Agreement shall be dissolved and terminated (i) upon the written agreement of all the Parties hereto; or (ii) upon the event of only one Party remaining as a party to this Agreement. SECTION 7. GENERAL PROVISIONS. A. Notices. All notices and other materials shall be delivered to the Official Coordinator. All notices required to be delivered to any Parties pursuant to this Agreement shall be in writing and shall be deemed delivered to the Party when delivered in person or by express mail or messenger, via facsimile, or three (3) days after deposit thereof in any main or branch United States Post Office, properly addressed to the Party s principal office and to the attention of the Party s chief administrative official. All notices related to the Technical Requirements of the Joint Power Supply Bid may be coordinated by the Official Coordinator and the Party Representatives by electronic mail or other means of communication, as appropriate. Notices and communications to each Party shall be addressed to, and delivered at, the following addresses: Arlington Heights: Village of Arlington Hts. 33 S. Arlington Heights Rd. Arlington Heights, IL Attn: Village Manager With a copy to: Robin Ward Assistant Village Attorney Village of Arlington Heights 33 S. Arlington Heights Road Arlington Heights, IL Buffalo Grove: Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL Attn: Village Administrator With a copy to: William Raysa Raysa & Zimmermann, LLC 22 South Washington Av. Park Ridge, IL Lincolnshire: Village of Lincolnshire One Olde Half Day Road Lincolnshire, IL Attn: Village Manager With a copy to: Adam Simon Ancel Glink 175 East Hawthorn Parkway Suite 145 Vernon Hills, IL

84 Long Grove: Village of Long Grove 3119 RFD Long Grove, IL Attn: Village Manager With a copy to: Victor P. Filippini, Jr. Holland & Knight 131 S. Dearborn Street, 30th Floor Chicago IL Palatine: Village of Palatine 200 East Wood Street Palatine, IL Attn: Village Manager With a copy to: Robert Kenny Schain, Burney, Banks & Kenny, Ltd. Three First National Plaza 70 W. Madison Street, Suite 4500 Chicago, IL Vernon Hills: Village of Vernon Hills 290 Evergreen Drive Vernon Hills, IL Attn: Village Manager With a copy to: Robert Kenny Schain, Burney, Banks & Kenny, Ltd. Three First National Plaza 70 W. Madison Street, Suite 4500 Chicago, IL Wheeling: Village of Wheeling 2 Community Blvd. Wheeling, IL Attn: Village Manager With a copy to: James Ferolo Klein, Thorpe & Jenkins, Ltd. 20 N. Wacker Drive Suite 1660 Chicago, IL B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or upon which any of the Parties is relying in entering into this Agreement. This Agreement, and all covenants and provisions herein contained shall bind and inure to the benefit of each respective local governmental entity which is a party hereto and their respective successors and assigns. C. Severability. If any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. D. Interpretation. It is the express intent of the Parties that this Agreement shall be construed and interpreted so as to preserve its validity and enforceability as a whole. In case of any conflict among the provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties shall control. The Parties hereto have been represented by counsel and have had full opportunity to discuss this Agreement prior to execution. This Agreement shall be construed without regard to the identity of the Party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all Parties to this Agreement participated equally in the drafting thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. E. Amendments and Modifications. This Agreement shall not be modified, changed, altered, or amended without the duly authorized and written consent of each of the 6

85 Parties by their respective corporate authorities and pursuant to ordinances or resolutions duly adopted and approved by the Party s corporate authorities. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved by the corporate authorities of each Party and properly executed in accordance with all applicable law. F. Authority to Execute. Each Party hereby warrants and represents to each other Party that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Beneficiaries. Nothing in this Agreement shall create, or shall be construed or interpreted to create, any third party beneficiary rights. H. Indemnification. Each Party hereby agrees to indemnify, hold harmless and defend the other Party from and against any and all losses, claims, expenses and damages (including reasonable attorneys fees) made against or incurred by the other Party for any actions taken or failures to act by the Party in connection with the Joint Power Supply Bid that arise out of the Joint Power Supply Bid, each Party s Power Supply Agreement, each Party s Electric Aggregation Program, Power Supply Agreement, or this Agreement, to the extent that such claims were not caused by actions, or failures to act, of another Party. I. Execution. This Agreement shall be executed by all of the Parties in identical original duplicates and each of the duplicates shall, individually and taken together, constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have by their duty authorized officers and representatives set their hands and affixed their seals to be effective as of the date specified in Subsection 3A of this Agreement. [SIGNATURES FOLLOW ON SUBSEQUENT PAGE] 7

86 ATTEST: VILLAGE OF ARLINGTON HTS. By: Village Clerk By: Mayor ATTEST: VILLAGE OF BUFFALO GROVE By: Village Clerk By: Village President ATTEST: VILLAGE OF LINCOLNSHIRE By: Village Clerk By: Village President ATTEST: VILLAGE OF LONG GROVE By: Village Clerk By: Mayor ATTEST: VILLAGE OF PALATINE By: Village Clerk By: Mayor ATTEST: VILLAGE OF VERNON HILLS By: Village Clerk By: Mayor ATTEST: VILLAGE OF WHEELING By: Village Clerk By: Mayor 8

87 Resolution No : A Resolution Approving a Contract between the Village of Buffalo Grove and Intelligent Power Partners, LLC 12-D Recommendation of Action Staff recommends approval of the attached contract with Intelligent Power Partners, LLC which would allow IPP to conduct a number of initiatives as set forth in their proposal and the attached contract. The Village of Buffalo Grove serves as the coordinator of a consortium which consists of six other area municipalities. Each municipality would share in the cost of consulting service for a not-to-exceed amount of $20,750, divided equally among the parties. Budget Impact $3,000 Overview Fund / Account Budget Notes Contract cost is $20,750 to be divided by 7 members of the consortium On December 5, 2011, the Corporate Authorities unanimously approved a request to waive bids and issue a Request for Proposal for Professional and Consulting Services for the Community Choice Aggregation of Electricity initiative. The Village of Buffalo Grove, working with partner communities, Arlington Heights, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling ("Consortium") reviewed the five proposals and interviewed Intelligent Power Partners, Constellation Energy and Nordic Energy. On January 6, 2011, it was reported that BlueStar Energy Holdings Inc. sold to an Ohio-based utility holding company, American Electric Power. As a result of the buy-out, Blue Star withdrew from the selection process due to their interest in bidding on the Consortium's electric supply contract. The representative, Mr. Rasty, indicated it would be a conflict of interest to serve as a consultant and supplier for the Consortium. Mr. Rasty recommended the team at Intelligent Power Partners for consulting services due to their experience. After thorough review of the proposals and subsequent interviews, it is recommended that the Village enter into a contract with Intelligent Power Partners, LLC. Following is an overview of the contract: Intelligent Power Partners LLC, ("Consultant") serves as the administrator for the Illinois Community Choice Aggregation Network, which includes The Power Bureau, Galvin Center at IIT, Lean Energy US and The Perfect Power Institute. The Village of Buffalo Grove serves as the coordinator of a consortium of seven communities which includes the Village of Arlington Heights, Village of Lincolnshire, Village of Long Grove, Village of Palatine, Village of Vernon Hills and Village of Wheeling ( Consortium ) for an opt-out electricity aggregation program. The contract period of performance begins February 15, 2012 and ends one year after a procurement contract is signed. Cost of services is $20,750 which will be divided equally among the Consortium (7 communities). Specialized Services, which are additional services, could be pursued by the Consortium or individually by each member community as set forth within Exhibit B. The contract may be terminated with 30 days notice, by either party, by written notice by one party to the other. If the March 20th referendum is not approved, the Village would be obligated to pay charges incurred by the consultant to-date.

88 Tasks of the scope of work include the following: 1. Planning. Identify key issues, questions, and policy positions required to establish a cohesive plan of action to establish the aggregation. a. Aggregation Plan: Review Plan of Operation and Governance that anticipates an early selection approach to vendor solicitation. Sort the ComEd data to ensure that appropriate customer classes are not included. b. Public Education: Provide newsletter articles, water bill inserts, web content and other written communication for Consortium use. Conduct interviews to explain aggregation for Consortium government access television channel(s). Lead a minimum of two public hearings. 2. Vendor Selection. Develop solicitation documents and assist in the scoring and selection of a supplier for the municipal aggregation. a. Primary documents: Review Request For Qualifications (RFQ)/Proposal (RFP) to be distributed to electric suppliers. b. Calendar: Review schedule for distribution, receipt, and review of RFQ/RFPs c. Vendor outreach: Contact available suppliers. Present RFQ/RFP. d. Scoring and negotiation: Summarize RFQ/RFP results, present to Consortium, help choose supplier. Evaluate daily price offers from Alternate Retail Electric Suppliers (ARES) Monitor market prices Recommend price lock when specified parameters are met Coordinate final account lists with ARES e. Coordinate implementation Work with Consortium to review Opt Out letter. Provide insight to help increase readership of Opt Out letter. Manage data flow from supplier to ComEd and the Consortium. Ensure data in transferred and maintained in standard required formats. Inform Consortium of periods when they can expect calls from residents. Train Consortium staff how to handle calls and how to transfer calls to Consortium call center, as established by the Consultant. Work with supplier/comed to manage missing residents who did not receive Opt-Out letters. Be available to handle any unusual circumstances through our customer support area. 3. Management. Assist in monitoring contract compliance and expansion of the aggregation s value. a. Contract compliance. Monitor pricing applied to Consortium resident and business bills. Review any proposed changes to pricing to ensure that resident s questions can be anticipated and answered. b. Savings reporting: Provide a quarterly report to the Consortium reporting the benefits realized through the aggregation offering c. Program expansion: Propose and review proposals for energy efficiency, demand response, and other potential enhancements to the aggregation program. Mr. John Kelly, representative of IPP, is present at the Board meeting and is available to answer questions of the Board.

89 Next Steps March 20 referendum The Village will draft a Plan of Governance for consultant review, subject to approval of the attached contract. A Request for Qualifications will also be drafted to be issued for Board approval on March 5, It is recommended that the Village work to secure a wholesale electric supplier in advance of the referendum given that 154 municipalities are going to referendum on this subject matter on March 20th and the limited number of suppliers in the market. Attachments Aggreg Electricity Consultant IPP Reso pdf Contract IPP pdf Proposal Results CCA Consultant.pdf Trustee Liaison Trustee Trilling Staff Contact Ghida Neukirch, Office of Village Manager Monday, February 6, 2012 Ordinances and Resolutions - Item : 12-D

90 RESOLUTION NO A RESOLUTION APPROVING A CONTRACT BETWEEN THE VILLAGE OF BUFFALO GROVE AND INTELLIGENT POWER PARTNERS LLC WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove and Villages of Arlington Heights, Lincolnshire, Long Grove, Palatine, Vernon Hills and Wheeling ( Consortium ) share a common interest in pursuing an electric aggregation program and pursuing joint action and intergovernmental cooperation for a Joint Power Supply Bid. WHEREAS, on December 5, 2011, the Corporate Authorities unanimously approved a request to waive bids and issue a Request for Proposal for Professional and Consulting Services for the Community Choice Aggregation of Electricity initiative; and WHEREAS, the selected consultant is charged, in part, to assist the Consortium with a Request for Qualifications and specifications for solicitation of bids for an electric supply contractor for an opt-out electricity aggregation program pursuant to the requirements of Section 1-92 of the Illinois Power Agency Act (20 ILCS 3855/1-92). NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The President and Board of Trustees of the Village of Buffalo Grove support entering into a Contract with Intelligent Power Partners LLC to provide consulting services to the Village of Buffalo Grove for the sale and purchase of electricity for residential and small business customers. Section 2. The Village Manager of the Village of Buffalo Grove is hereby authorized to execute the Contract, a copy of which is attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval. AYES:, NAYS:, ABSENT:, ABSTAIN:, PASSED, 2012 APPROVED:, 2012 Approved: Attest: Village President Village Clerk

91 Exhibit A Contract Between VILLAGE OF BUFFALO GROVE and INTELLIGENT POWER PARTNERS LLC (IPP) 1. Purpose This constitutes the Independent CONSULTANT Professional Services Contract (herein, the Contract ) between the VILLAGE of BUFFALO GROVE, an Illinois municipal corporation (herein VILLAGE ) and INTELLIGENT POWER PARTNERS LLC, an Illinois limited liability company (IPP) (herein CONSULTANT ). IPP is acting as the administrator for the Illinois Community Choice Aggregation Network (ICCAN), which includes The Power Bureau, Galvin Center at IIT, Lean Energy US and The Perfect Power Institute. IPP will coordinate the delivery of services between the VILLAGE and the ICCAN members in the areas of Municipal Aggregation and Specialized Services. The VILLAGE is acting as the coordinator of a consortium of seven communities which includes the Village of Arlington Heights, Village of Lincolnshire, Village of Long Grove, Village of Palatine, Village of Vernon Hills and Village of Wheeling (herein Consortium ) for an opt-out electricity aggregation program pursuant to 20 ILCS 3855/ Duties of the CONSULTANT During the period of this Contract, the CONSULTANT shall have the full and complete obligation and responsibility for the performance of the duties and/or work performed to complete the Municipal Aggregation Project Goals as set forth within Section 2.A. herein and as detailed on Attachment A. CONSULTANT shall be obligated to the VILLAGE for the performance of all such duties and/or work. Within the limitations herein provided, the CONSULTANT will render such services of an advisory nature as may be requested from time to time by the VILLAGE. The CONSULTANT shall provide additional services at the written request of the VILLAGE which include but are not limited to the Specialized Services as set forth within Section 2.B. herein and as detailed on Attachment B. If any member of the Consortium elects individually to pursue a Specialized Service or other service of the CONSULTANT, the request shall be provided in writing and the cost of CONSULTANT services shall be billed at $250/hour. Under no circumstance shall the cost of Specialized Services exceed the cost set forth as detailed within Exhibit B. A. Municipal Aggregation: Project Goals, Milestones and Deliverables 1. Assist VILLAGE with the development and implementation of a Community Choice Aggregation (CCA) plan for the Consortium ( Project ) 2. Assist VILLAGE with CCA procurement request for proposal and contract 3. Assist VILLAGE with CCA education and outreach activities B. Specialized Services: Project Goals, Milestones and Deliverables 1. Technical evaluation of power generation projects proposed to the VILLAGE by developers 2. Technical evaluation of Commonwealth Edison distribution systems and component upgrades proposed to the VILLAGE C. Attachments 1. Attachment A shall include a detailed discussion of scope of work, Municipal Aggregation 2. Attachment B shall include the Specialized Services of the CONSULTANT 3. Attachment C shall include activities not included in the scope of work Page 1 of 9

92 3. Period of Performance, Level of Support, and Reporting This Contract period of performance begins February 15, 2012 and ends one year after a procurement contract is signed. Hourly billable support is not to exceed the following levels: A. Municipal Aggregation: 1. Hourly rates Not to Exceed $250 per hour of billable time allocated to the Project. 2. Total Contract Engagement - Not to Exceed $20, B. Specialized Services: 1. Hourly rates Not to Exceed $250 per hour of billable time allocated to the Project. 2. Total Contract Engagement - Not to Exceed costs identified on Exhibit B as authorized by the VILLAGE through written acceptance, and other costs as requested by the VILLAGE of the CONSULTANT. C. Other Services: 1. Hourly rates Not to Exceed $250 per hour of billable time allocated to the Project. 4. Compensation and Payment The CONSULTANT will be compensated in full for work completed under this contract that does not exceed the maximum billable volumes identified in Sections 3.A. and 3.B. above. 1. Municipal Aggregation: The CONSULTANT shall be paid in full upon complete award of the procurement contract by the supplier. The award is considered complete when an electricity vendor is selected, and a fixed price has been agreed to through a written contract. This is compensation for the performance of all activities necessary for, or incidental to, this Contract. The CCA electricity vendor shall pay the CONSULTANT pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq.), unless otherwise specified in writing by the VILLAGE. 2. Specialized Services: The CONSULTANT shall be paid in full upon completion of technical evaluations conducted at the direction and request of the VILLAGE. The VILLAGE shall pay the CONSULTANT pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq.). 5. Project Closure Project closure shall occur one year after the Consortium signs CCA electricity supplier contracts. VILLAGE s release of payment shall constitute an implicit approval of CONSULTANT s work product. 6. Consultant Services CONSULTANT agrees to use all reasonable efforts to perform (or cause to be performed by outside CONSULTANTS) the Project described above and to provide VILLAGE with the deliverables. In addition, VILLAGE understands that success of CONSULTANT deliverables will require its timely support in response to CONSULTANT request for information or assistance. 7. Relationship of the Parties The parties agree that the relationship between them created by this Contract is that of ownerindependent CONSULTANT, and does not constitute a hiring by either party. CONSULTANT is not an employee or agent of VILLAGE for any purpose. 8. Insurance Page 2 of 9

93 CONSULTANT shall provide their own liability and worker s compensation insurance in the amounts and coverage as required by the Village, and provide a certificate of insurance to VILLAGE. 9. Contract Management Communications The following shall be the contract managers for each of the parties regarding all compensation and billings related to the performance of this Contract. VILLAGE of BUFFALO GROVE INTELLIGENT POWER PARTNERS LLC (IPP) Name: Ghida Neukirch Name: John Kelly Address: 50 Raupp Blvd. Buffalo Grove, IL Address: 2021 Midwest Road, Suite 200 Oak Brook, IL gneukirch@vbg.org jkelly@ippconnect.com 10. Professional Responsibility Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of services by the CONSULTANT in accordance with his independent and professional judgment. The CONSULTANT shall perform his services substantially in accordance with generally accepted practices and principles of his trade. This Contract shall be subject to the laws and regulations governing the practice of the CONSULTANT's trade in this State. 11. Termination This Contract may be terminated with 30 days notice, by either party, by written notice by one party to the other. In either case, CONSULTANT shall be paid for all approved costs through termination date provided those costs do not exceed the not to exceed the contract amounts set forth in Sections 3.A. and 3.B. above. All approved compensation and/or expense reimbursement will be paid through the effective Termination Date. 12. Compliance with Applicable Law Both parties shall comply with all federal, state, and local laws and regulations applicable to all work performed under this Contract. This Contract shall be governed and construed in accordance with the laws of the State of Illinois 13. Indemnification CONSULTANT shall indemnify, defend and hold VILLAGE harmless from any charge, fine, penalty, judgment arising out of CONSULTANT s performance under this Contract. VILLAGE also agrees to indemnify, defend and hold CONSULTANT and CONSULTANT s subconsultants harmless from and against all damages, costs and fees arising from VILLAGE use of the deliverables. 14. Entire Agreement This Contract and CONSULTANT S Response to the Village of Buffalo Grove Professional and Consulting Services Community Choice Aggregation Request For Proposals, dated January 3, 2012 represents all the terms and conditions agreed upon by the parties and may only be amended in a duly executed writing. No other representations or understandings, oral or otherwise, regarding this Contract shall be deemed to exist or to bind any of the parties hereto. 15. Notice Any notice required to be given hereunder shall be (a) deemed given on the third (3rd) business day following mailing of any such notice, postage paid, to the address set out herein above, (b) by sending an transmission which shall be effective as of the date and time of transmission, provided that the Notice transmitted shall be sent during normal business hours and provided further that the recipient Page 3 of 9

94 provides written acknowledgment to the sender of receipt of the transmission (by , facsimile, regular mail or commercial overnight delivery) or (c) by commercial overnight delivery (e.g. FedEx) which notice shall be effective on the next business day following deposit with the overnight delivery company Income Tax Designation In the event that the Internal Revenue Service should determine that the CONSULTANT is, according to I.R.S. guidelines, an employee subject to withholding and social security contributions, the CONSULTANT shall acknowledge, as the CONSULTANT acknowledges herein, that all payments to the CONSULTANT are gross payments, and the CONSULTANT is responsible for all income taxes and social security payments thereon. 17. Binding Arbitration Any controversy or claim arising out of or relating to this Agreement, or any alleged breach thereof, will be settled by binding arbitration utilizing an arbitration services agreed to by the parties. In no event will the arbitration of any controversy or the settlement thereof delay the performance of this Agreement. Arbitration hearings will be held in the County of Cook, Illinois. Each party is responsible for their own arbitration costs. 18. Obligation of Confidentiality In performing consulting services under this Agreement, CONSULTANT may be exposed to and will be required to use certain Confidential Information belonging to the VILLAGE or VILLAGE residents. CONSULTANT agrees that CONSULTANT employees, agents or representatives will not use, directly or indirectly, such Confidential Information for the benefit of any person, entity or organization other than the VILLAGE; or disclose such Confidential Information without the written authorization of the VILLAGE, either during or after the term of this Agreement, for as long as such information retains the characteristics of Confidential Information. In no event shall CONSULTANT engage in any activity that would result in any entity or organization acquiring any rights to the results of work performed by or for the VILLAGE. 19. Approval This Contract shall be subject to the written approval of the VILLAGE authorized representative and shall not be binding until so approved. The Contract may only be altered, amended or waived by a written amendment executed by both parties. 20. Assignment This Contract shall not be assigned or transferred without written approval of the Village. Page 4 of 9

95 This Contract is executed by the persons signing below. CONSULTANT INTELLIGENT POWER PARTNERS LLC (IPP) John Kelly VILLAGE VILLAGE OF BUFFALO GROVE Dane Bragg, Village Manager Signature: Date: Page 5 of 9

96 ATTACHMENT A: Municipal Aggregation - detailed tasks of the scope of work. 1. Planning. Identify key issues, questions, and policy positions required to establish a cohesive plan of action to establish the aggregation. a. Aggregation Plan: Review Plan of Operation and Governance that anticipates an early selection approach to vendor solicitation. Sort the ComEd data to ensure that appropriate customer classes are not included. b. Public Education: Provide newsletter articles, water bill inserts, web content and other written communication for CONSORTIUM use. Conduct interviews to explain aggregation for CONSORTIUM government access television channel(s). Lead a minimum of two public hearings. 2. Vendor Selection. Develop solicitation documents and assist in the scoring and selection of a supplier for the municipal aggregation. a. Primary documents: Review Request For Qualifications (RFQ)/Proposal (RFP) to be distributed to electric suppliers. b. Calendar: Review schedule for distribution, receipt, and review of RFQ/RFPs c. Vendor outreach: Contact available suppliers. Present RFQ/RFP. d. Scoring and negotiation: Summarize RFQ/RFP results, present to CONSORTIUM, help choose supplier. e. Coordinate implementation Work with CONSORTIUM to review Opt Out letter. Provide insight to help increase readership of Opt Out letter. Manage data flow from supplier to ComEd and the CONSORTIUM. Ensure data in transferred and maintained in standard required formats. Inform CONSORTIUM of periods when they can expect calls from residents. Train CONSORTIUM staff how to handle calls and how to transfer calls to CONSORTIUM call center, as established by the CONSULTANT. Work with supplier/comed to manage missing residents who did not receive Opt-Out letters. Be available to handle any unusual circumstances through our customer support area. 3. Management. Assist in monitoring contract compliance and expansion of the aggregation s value. a. Contract compliance. Monitor pricing applied to CONSORTIUM resident and business bills. Review any proposed changes to pricing to ensure that resident s questions can be anticipated and answered. b. Savings reporting: Provide a quarterly report to the CONSORTIUM reporting the benefits realized through the aggregation offering c. Program expansion: Propose and review proposals for energy efficiency, demand response, and other potential enhancements to the aggregation program. Page 6 of 9

97 4. Compensation. Below is a summary of the tasks set forth herein and the associated cost if the work by the CONSULTANT were billed on an hourly basis. Task Task Description Cost Working Groups No working group established 0.00 Website Development Provide standardized content for placement on municipal websites 0.00 Social Media & Media Outreach Community Education Meetings Local Partner Outreach Provide social media content provided for use by communities 0.00 Draft standard press releases 0.00 Draft CCA articles suitable for inclusion in community newsletters 0.00 Draft materials to support community education meetings (brochures, presentations, press releases) 0.00 Draft materials to support public meetings (brochures, presentations, press releases) 0.00 Utility Data Requests Draft data request to be submitted by communities to ComEd Review and validate data 2, Board Briefings Submit a minimum of two written status reports to municipalities Plans of Governance Draft standardized Plans of Governance for use by communities 2, Draft standardized RFQ/RFP documents for posting on municipality 2, procurement sites Request for Proposals / Attend vendor interviews 1, Qualification Distribute RFQ/RFP to all ARES registered with the ICC for residential service Score responses to RFQ/RFP 5, Vendor Selection Submit recommendation memo to individual communities Negotiate final contract language 5, Evaluate daily price offers from ARES 3, Price Lock Monitor market prices 0.00 Enrollment conveyance to Recommend price lock when specified parameters are met 0.00 ComEd Coordinate final account lists with ARES Page 7 of 9

98 ATTACHMENT B: Specialized Services The following specialized services, individually or as a group, shall only be provided upon written request of the Village. The items denoted at no cost are included as part of the Task identified. Task Task Description Cost Utility data evaluation Review account lists and recommend exceptions from aggregation 5, Assign separate review by ARES utilizing identical filters 0.00 Utility data Review ARES and internal account lists and recommendations 1, evaluation Identify and unify any account outliers 2, Opt-Out notices Draft Notice language for letters 0.00 Opt-Out notices Price Lock Enrollment conveyance to ComEd Consumer Database Consumer Database Status reporting to Boards Ongoing Management Services Ongoing Management Services Supervise printing and distribution by ARES 0.00 Monitor return letters and specify appropriate second step contact attempt 2, Monitor and unify opt-out notifications submitted by letter, phone, or text 0.00 Maintain current list of opt-out notifications 1, Submit final account lists to municipalities 0.00 Draft enrollment communications to accompany final account lists to ComEd Facilitate conveyance of lists and enrollment communication submittal to ComEd 0.00 Review and validate existing ARES database offerings 2, Develop protocols for assigning access to database for billing and research purposes 1, Submit written report to Boards at completion of enrollment processes Submit quarterly program result reports to municipalities 2, Submit quarterly review of ARES service metrics including opt-out and additions 2, Submit annual recommendation on ARES contract extension or expansion 2, Page 8 of 9

99 ATTACHMENT C: Activities not included in the scope of work The following scope of services will not be included in the CONSULTANT S scope of work. The VILLAGE may request in writing any of the following services from the CONSULTANT and the CONSULTANT will provide written acceptance based on their availability. Work performed shall be billed at an hourly rate of $250 per hour. 1. Media Purchasing. The CONSULTANT will not be responsible for purchasing or procuring media resources (i.e. radio, television, billboards, placards, newspaper, periodicals, etc.). The CONSULTANT will draft and edit media content on behalf of the municipality that is then distributed through media outlets at the cost of the electricity supplier. 2. Direct Mail. The CONSULTANT will not be responsible for purchasing or procuring mass mailing resources. The CONSULTANT will draft and edit direct mail content on behalf of the municipality that is then distributed through mass mailing at the cost of the electricity supplier. 3. Utility Bill Processing. The CONSULTANT will not be responsible for issuing or processing utility bills. 4. Website Development. The CONSULTANT will not be responsible for developing or maintaining websites or portals on behalf of the VILLAGE. The CONSULTANT will draft and edit content on behalf of the municipality that is posted on the VILLAGE websites and/or those websites and portals developed and supported by the electricity supplier. Page 9 of 9

100 Professional and Consulting Services Community Choice Aggregation of Electricity (CCA) January, 2012 Blue Star Energy Solutions Constellation Energy Entel Nordic Energy Indep. Energy Consultants Intelligent Power Partners Primary contact Aaron D. Rasty Frank Orcel Scott Pellock Wayne Bollinger Mark Burns John Kelly Project principal(s) same Mark Berry Paul Bougadis James Deering same Shawn Marshall, Mark Pruitt, Dr. Shahidepour, Scott Rieder Location Chicago, IL Chicago, IL Naperville, IL Oakbrook Terrace, IL Aurora, OH Oak Brook local Established Understanding of scope Yes Yes Yes Yes Yes Yes Fee $ $0.25/MWh of future usage + supplier to reimb Blue Star for all pre-ref aggreg educ, mktg, et al. $4, $8,260.05/month; $59, $99,120.60/year $0 - seeks right of first refusal and last look to beat or match the winning suppliers bid in the event the majority of items proposed are similar and decision is based on price. $25,000 $20, /kWh monthly. $16,520.10/month; $198,241.20/year. $.05/MWh or $.00005/kWh contracted, not to exceed $75K. $1,652.01/month; $19,824.12/year. OR - - $20,750 for review of RFP/RFQ and analysis of results. Fee paid by winning supplier. Waived if power supply agreement is executed. Fix rate or flat cost option by the supplier or consortium if supplier was not chosen. Fee paid by winning supplier. Fee paid by winning supplier upon successful exec of supply contract. Hourly n/a n/a $350 $2,000 - RFP review; $3,000 - mtg with consortium ($300/hr); $10K - review elec. proposals; $5K develop implement strategies. Add'l - $175/hr. References City of Belleville City of New Philadelphia, OH Illinois Gas Cooperative (56 school/parks) Village of Orland Hills City of Barberton, OH CBRE, Round Lake Legum & Norman Midwest (condo assoc.) City of Aurora (Go Green General Services Admn, Wash. Lake Park High School, Roselle Flagg Creek Water Reclam. Aurora project) District Public Contract Hourly basis optional; not recommended. No $ cited. Add'l services based on $250/hr principal; $150/hr associate; $75/hr assistant; $45/hr grad stud; materials at cost. Membership fee to ICCAN $2,000/year. Kane Property Mgmt. Chicago Village of Oak Park Downers Grove, Oak Brook, Village of Lincolnwood Westmont McHenry, North Aurora, River Village of Oak Brook Grove Yes Yes Yes Yes Yes Yes Certification Ref: 1 Megawatt Hour = Kilowatt Hour (Kwh) Ref: Calculations above based on total kilowatt consumed by VBG in ,482,507. Neukirch/Proposal Results CCA Consultant.xlsx

101 Licenses Notes Professional and Consulting Services Community Choice Aggregation of Electricity (CCA) January, 2012 Blue Star Energy Solutions Constellation Energy Entel Nordic Energy Indep. Energy Consultants Intelligent Power Partners (1) ICC - Licensed Electric Not a registered consultant. Not required by State to have (1) Public Utility - Alternative (1) ICC - Licensed Electric IL registered LLC Agent/Broker/Consultant; (2) Licensed Alternative Retail license; consult only, pg 9 ref. Gas Supplier; (2) Public Utility - Agent/Broker/Consultant; (2) Retail suppier in IL since '04; Electric Supplier (ARES). Also Alternative Retail Electric Public Utilities of Ohio; (3) (3) Member of PJM and MISO possesses Federal Power Supplier; (3) Public Utility - Assoc. of Energy Engineers + since 05/06. Marketing license from Fed Agent, Brokers and page 50. Energy Reg Commission Consultants. 1. Has not bid on aggregation 1. Largest supplier of power to 1. Error on cover page; 1. No prior municipal 1. Does not provide supply 1. Partnership of 4: The Power supply in 2011 and does not commerical and industrial referenced "Will County RFP"; consulting experience. services; only consulting Bureau, LEAN Energy US, plan to bid on consortium's customers nearing 1 mil otherwise organized proposal. services. Vanguard Comm., Galvin agg. supply. customers. Center for Electricity, IIT. 2. Good recs regarding RFP 2. Assisted Ohio munis with 2. Minimal elab. within 2. Maintains 105+ community 2. No annual revenue from process, page 7. aggregation program (as a proposal. relationships with govnmt. agg ARES. supplier). programs 3. Organized proposal. 3. IEC has brokered more than 3. Referenced "Will County $8 mill in grants. RFP", pg GPS mapping of customer 4. Offers web based resource - list. library, webinars, blogs et al page proposal with little organization; no TOC. 5. Good scoring plan for RFB, page 19. Ref: 1 Megawatt Hour = Kilowatt Hour (Kwh) Ref: Calculations above based on total kilowatt consumed by VBG in ,482,507. Neukirch/Proposal Results CCA Consultant.xlsx

102 Professional and Consulting Services Community Choice Aggregation of Electricity (CCA) January, 2012 Ref: 1 Megawatt Hour = Kilowatt Hour (Kwh) Ref: Calculations above based on total kilowatt consumed by VBG in ,482,507. Neukirch/Proposal Results CCA Consultant.xlsx

103 Professional and Consulting Services Community Choice Aggregation of Electricity (CCA) January, 2012 Ref: 1 Megawatt Hour = Kilowatt Hour (Kwh) Ref: Calculations above based on total kilowatt consumed by VBG in ,482,507. Neukirch/Proposal Results CCA Consultant.xlsx

104 Authorization to Extend Parkway Tree Replacement Contract 13-A Recommendation of Action Staff recommends that the Village Board award St. Aubin Nursery in Kirkland, Illinois an extension of the 2011 contract, with a 5% increase over 2011 prices, not to exceed $30, for 2012 parkway tree replacement. Budget Impact $30,000 Overview Fund / Account Budget Notes FY 2012 budget approval for Parkway Tree Replacement is $30, In calendar year 2011, staff received approval and distributed bid specifications for the purchase of parkway trees as part of the annual Parkway Tree Replacement Program. The bid was awarded to St. Aubin Nursery of Kirkland, Illinois. The specifications permitted a nursery to quote not only for the calendar year of 2011 but also a contract extension for the following two years. St. Aubin s extension quote was for a five percent increase on the 2011 prices. St. Aubin has bid an average price of $ for 2012 delivery, planting and a one year warranty for FY It is recommended that a second year quotation be accepted and that authorization be given to staff to execute the appropriate contract extension and/or purchase order to effect the purchases contemplated by staff for the 2012 Parkway Tree Replacement Program, not to exceed the approved budget amount of $30, Attachments Bidtab2011.pdf Trustee Liaison Trustee Stein Staff Contact Richard A Kuhl, Public Works Monday, February 6, 2012 Unfinished Business - Item : 13-A

105 Village of Buffalo Grove Public Works Department Operations Division Bid Tabulation Arthur Weiler, Inc Alaniz Lawncare, Inc. St. Aubin Nursery W. Russell Rd E. Chicago St Irene Rd. Bid Opening: June 23, 2011 Zion, IL Elgin, IL Kirkland, IL PARKWAY TREE REPLACEMENTS Bid Bond: Yes Yes Yes Signed Bid Form: Yes Yes Yes Signed Public Contract Statements: Yes Yes Yes Qty. Unit Cost Total Qty. Unit Cost Total Qty. Unit Cost Total Qty. Unit Cost Total Qty. Unit Cost Total Qty. Unit Cost Total Qty. Unit Cost Total ACER freemanii $ $ $ miyabei $ $ $ platanoides $ $ $ rubrum $ $ $ Aesculus glabra $ $ $ Carpinus betulus 10 $ $2, $ $1, $ $1, Catalpa speciosa 10 $ $2, $ $ Celtis occidentalis 10 $ $1, $ $1, Cercidiphyllum japonicum 10 $ $2, $ $1, GLEDITSIA triacanthos inermis 10 $ $1, $ $1, $ $1, Gymnocladus dioicus 10 $ $2, $ $2, $ Liquidamabar styraciflua 10 $ $2, $ $2, $ $1, Liriodendron tulipfera 10 $ $2, $ $2, $ $1, MALUS $ $ $ Quercus bicolor 10 $ $2, $ $2, $ $2, coccinea $ $ muehlenbergii $ $ $ robra $ $ rubra 10 $ $2, $ $2, $ $1, Platanus acerifolia 10 $ $1, $ $ TILIA cordata 10 $ $1, $ $1, $ $1, redmond $ $ $ ULMUS pumila x fulva 10 $ $1, $ $1, americana Zelkova serrata $ $ TOTAL 1st YEAR CONTRACT $21, $23, $17, $0.00 $0.00 $0.00 $0.00 TOTAL 2nd YEAR CONTRACT 4.00% $20, N/A 5.00% $17, TOTAL 3rd YEAR CONTRACT 4.00% $21, N/A 15.00% $19, TOTAL 3 YEAR CONTRACT COST $62, $23, $54, $0.00 $0.00 $0.00 $0.00

106 Hawthorne Race Course, Inc. petition for a special use to operate inter-track wagering, Village Bar & Grill, 48 Raupp Boulevard 14-A Recommendation of Action Staff recommends referral to the Plan Commission of a text amendment to permit inter-track wagering as an overlay district and to establish a special use permit to operate inter-track wagering at the Village Bar & Grill, 48 Raupp Boulevard. In addition, staff requests direction to renegotiate the existing lease with Tap Room Hospitality, LLC to extend the term of the lease and to permit inter-track wagering at the subject site, and to negotiate a new lease with Hawthorne Race Course, Inc. to operate an off-track betting parlor within the existing golf course clubhouse facility. Overview Jeff Kras, Chief Financial Officer with Hawthorne Race Course, Inc. has petitioned for a special use to relocate the inter-track wagering operation from 301 N. Milwaukee Avenue in Buffalo Grove to the Village Bar & Grill, 48 Raupp Boulevard in Buffalo Grove. BACKGROUND On June 2, 2010, the Village Board approved Ordinance No , allowing Inter Track Partners, LLC. to manage an inter-track wagering operation at Adam s Roadhouse. The members of Inter-Track Partners, LLC. were Hawthorne Race Course, Inc., Balmoral Racing Club, Inc. and Maywood Park Trotting Association, Inc. As part of the zoning process in consideration of the special use, the Plan Commission conducted a public hearing. It was determined that the off track betting facility will serve the public convenience and will not be detrimental to the public health, safety, morals comfort, or general welfare; that adjacent properties will not be adversely affected by the off track betting operation; and that the off track betting facility will not be injurious to the use and enjoyment of properties in the immediate vicinity. In September 2010, Hawthorne Race Course, Inc. acquired the assets of Inter-Track Partners, LLC. The license to conduct simulcast wagering at the subject property was in the name of Balmoral Racing Club, Inc. On May 27, 2010, the Village Board approved Ordinance , amending Section 3.Y. of Village Ordinance No to require the owner to remove the billboard at 301 N. Milwaukee Avenue no later than December 1, On January 3, 2011, the Village Board approved Ordinance , approving a second amendment to the special use to allow Hawthorne Race Course to conduct inter-track wagering at 301 N. Milwaukee Avenue. On January 1, 2011, Hawthorne Race Course, Inc. was granted an Inter-Track Wagering Location License by the Illinois Racing Board to conduct simulcast wagering at the subject site. Attached is Ordinance for reference. RELOCATION CONSIDERATION

107 As indicated by Mr. Kras, the current lease for inter-track wagering at Adam's Roadhouse & OTB expired on August 3, Hawthorne is on a month to month lease with the court appointed Receiver of the property. The current operation has limited food service and is no longer offering liquor sales. The Village currently has a lease with Tap Room Hospitality, LLC which is set to expire in December, The operators of Tap Room Hospitality are Brett Gaylord and Jim Leo. The lease was executed on June 21, 2004 and provides that the Village receives 5% of food and beverage and the utility is shared between both parties. If the relocation plan is supported by the Board, the lease would be renegotiated in 2012 and effective immediately. Following is the proposed relocation and renovation plan for the subject property: The OTB would be located in the current banquet room at the south end of the building. The private inter-track wagering area would create a separation between the OTB and the dining area. The east door to the banquet room would serve as a private entrance to the OTB. Hawthorne would pay for the renovation of the proposed OTB area within the facility. The two uses would be separated to mitigate any impact to Village Bar & Grill patrons. Hawthorne Race Course would enter into a lease with the Village, the owner of the property, to provide for inter-track wagering within the facility. Inter-track wagering would be confined to the private room on the south side of the facility. Hawthorne Race Course would pay 10% commission or $60,000, whichever is greater on an annual basis to allow inter-track wagering on the premises. The Village would continue to receive the 1% parimutuel tax issued by the State of Illinois. The benefit to Tap Room Hospitality is the additional food and beverage service that would be generated by the OTB, the new televisions which would be provided by Hawthorne throughout the facility, and possible future improvements to the property which would be reviewed and implemented by the Village. Parties planned to utilize the banquet room would be contacted and offered the opportunity to utilize the dining area or the patio area, weather permitting and depending on the timeframe of the engagements. Mr. Gaylord indicated that the restaurant conducts two to three banquets per month whereby the number of patrons exceeds forty persons. The vast majority of these engagements are during the summer months and coincide with golf outing reservations. According to Carmen Molinaro, Director of Golf Operations, the inter-track wagering facility at the golf course would not hinder golf operations; it is believed that offering golf customers another entertainment and recreational venue may be perceived as a benefit to the operation. Board Action Required for Policy Consideration The relocation would require Board review and consideration of the following: Amendment and extension of the lease with Tap Room Hospitality, the restaurant operator of the Village Bar & Grill. The lease is set to expire in December, The lease would be amended and extended in 2012 for a yet-to-be-determined rate and term. Approval of a lease with Hawthorne Race Course, Inc. to permit the operation of an off-track betting parlor within the existing golf course clubhouse. Text amendment of the Village s Zoning Ordinance to allow for inter-track wagering, as a special use possibly by an overlay district. Approval of an ordinance authorizing Hawthorne Race Course to operate inter-track wagering as a special use at the subject site. The special use conditions that are in effect for the operation at 301 N. Milwaukee Avenue would be reviewed and applicable regulations would be required for the new business location (see below).

108 Notification regarding the aforementioned action items would be communicated on the Village s web site, electronic newsletter, and by letter to all property owners within 250 of the subject site. Next Steps Plan Commission workshop, tentatively Anticipated Future Board Actions Tentative Timeline: February 15, Plan Commission Workshop March 7, Public Hearing, Plan Commission March 19, Village Board ordinances for consideration Attachments Letter_Jeff Kras_January 31, 2012.pdf Petition-OTB Village Green_filed pdf Form for recoverable costs_ pdf Ord Hawthorne OTB.PDF Trustee Liaison Trustee Berman Staff Contact Ghida Neukirch, Office of Village Manager Monday, February 6, 2012 New Business - Item : 14-A

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