MEETING NOTICE. Village Board Tuesday, August 5, :30 p.m. Cary Village Hall 655 Village Hall Drive Cary, IL Mark Kownick, Mayor AGENDA

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1 MEETING NOTICE Village Board Tuesday, August 5, :30 Cary Village Hall 655 Village Hall Drive Cary, IL Mark Kownick, Mayor AGENDA I. Call to Order II. III. IV. Roll Call Pledge Of Allegiance Open Forum The public is invited to make an issue-oriented comment on any matter of public concern not otherwise on the agenda. V. Approval of Minutes - July 15, 2014 Village Board Meeting VI. Mayor s Report 1. Employee Recognition Bill Freeman, Public Works, 10 Year Employment Anniversary 2. Employee Recognition Donna Schumer-McCarty, Finance, 20 Year Employment Anniversary 3. Discussion Regarding the Annual Status Report from Meyer Material Company

2 4. Consider for Approval (Resolution #R ) Granting a Reduction of Meyer Material Company s Impact Fee Letter of Credit and Land Conservancy Maintenance Letter of Credit 5. Discussion Regarding Potential Tree Replacement Program Modifications 6. Consider for Approval (Ordinance #O ) Rules and Procedures for Village Board Member Attendance Via Audio or Video Conferencing VII. VIII. IX. Consent Agenda 1. Consider for Approval the Warrant Dated 08/05/2014 Items for Separate Action 1. Consider for Approval (Resolution #R ) Waiving the Standard Bid Procedure Requirements and Granting the Village Administrator the Authority to Purchase Provisional Bulk Road Salt in an Amount Not to Exceed $115, Consider for Approval (Resolution #R ) a Joint Purchase Bid Award for the Purchase of a 2015 F-250 ¾-ton Pickup Truck 3. Consider for Approval (Resolution #R ) the 2014 Fire Hydrant Painting Program 4. Consider for Approval (Resolution #R ) a Sole Source Purchase Authorization for an International 7400 SFA 4x2 Dump Truck Chassis and Cab 5. Consider for Approval the Closure of Certain Roads for the Cary 26 Education Foundation 5K Run/Walk on September 20, Consider for Approval (Resolution #R ) Designating Deputy Police Chief James Fillmore as an Additional Village of Cary FOIA (Freedom of Information Act) Officer Administrator s Report X. Department Head Reports XI. Future Agenda Items and Discussion by Village Board XII. Executive Session: Personnel Collective Bargaining XIII. Adjourn Next Ordinance #O Next Resolution #R The Village of Cary is subject to the requirements of the Americans with Disabilities Act of Individuals with disabilities who plan to attend this meeting and who require certain accommodations so that they can observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the Village s facilities, should contact Chris Clark, the Village s ADA Coordinator at (847) [TDD (630) ] promptly to allow the Village to make reasonable accommodations for those persons.

3 August 5, 2014 Village Board Meeting Agenda Item: Report From: Motion: Approval of Minutes July 15, 2014 Village Board Meeting Village Administrator I will entertain a motion to approve minutes of July 15, 2014 Village Board Meeting. Exhibits A. Draft July 15, 2014 Village Board Meeting Minutes Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

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5 Minutes Village Board Tuesday, July 15, :30 Cary Village Hall 655 Village Hall Drive Cary, IL I. Call to Order This meeting was called to order at 7:30 p.m. by Mayor Kownick. II. Roll Call Present: Trustees Kraus, Chapman, Lukasik, Bragg, Kaplan and Dudek Absent: None Others present included Village Clerk Bragg, Village Attorney Coppedge, Village Administrator Clark, Assistant Village Administrator Rife, Police Chief Finlon, Director of Community Development Stilling, Public Works Director Morimoto and members of the audience per the sign-in sheet. III. IV. Pledge Of Allegiance Mayor Kownick led in the recitation of the Pledge of Allegiance. Open Forum The public is invited to make an issue-oriented comment on any matter of public concern not otherwise on the agenda. Resident Peter Spizzirri, 308 Sterling Circle, spoke to thank the Village Police Department for offering the Citizens Police Academy class set to begin in September. Mr. Spizzirri also stated there is a Cary-Grove Area CrimeStoppers Golf Tournament on August 1 st at Chalet Hills. Resident Patrick Jasper, 105 E. Margaret Terrace, addressed the Village Board regarding the parking situation along Second Street. He asked that the Village Board address the issue in the near future. Mr. Jasper commented on the agenda item to increase the maximum allowable height for school buildings.

6 Page 2 of 11 Minutes - Village Board Meeting July 15, 2014 Mr. Jasper also stated that he is strongly against the tone of the message in the new billboards that are appearing around the Village. Resident Carissa Beeman, 61 Burton Ave., spoke regarding the Second Street parking issue. There being no further comments from the public, Mayor Kownick closed Open Forum at 7:37 p.m. V. Approval of Minutes - July 1, 2014 Village Board Meeting Motion: Trustee Chapman moved, seconded by Trustee Kaplan to approve Minutes of July 1, 2014 Village Board Meeting. Discussion None. Ayes: Bragg, Chapman, Dudek, Kaplan and Lukasik Nays: None Abstain: Kraus Motion Carried. VI. Mayor s Report 1. Retirement Recognition Patrol Officer Tim Sanford Mayor Kownick and Police Chief Finlon recognized Patrol Officer Tim Sanford on his retirement from the Village of Cary Police Department. 2. Employee Recognition Sergeant Chris Winkelmann Mayor Kownick and Police Chief Finlon recognized Sergeant Chris Winkelmann on his recent promotion from Police Officer to Sergeant in the Village of Cary Police Department. Mayor Kownick issued the oath of office to Sergeant Winkelmann. VII. Consent Agenda 1. Consider for Approval the Warrant Dated 07/15/ Consider for Approval the July 1, 2014 Committee of the Whole Meeting Minutes 3. Consider for Approval (Resolution #R ) a Mobile Device Policy Motion: Trustee Chapman moved, seconded by Trustee Bragg to approve the Consent Agenda Items #1 and #3. Discussion None. Ayes: Bragg, Chapman, Kraus, Kaplan, Lukasik and Dudek Nays: None Motion Carried.

7 Page 3 of 11 Minutes - Village Board Meeting July 15, 2014 Motion: Trustee Bragg moved, seconded by Trustee Kaplan to approve Consent Agenda Item #2. Discussion None. Ayes: Bragg, Chapman, Kaplan, Lukasik and Dudek Nays: None Abstain: Kraus Motion Carried. VIII. Items for Separate Action 1. Consider for Approval (Ordinance #O ) Granting a Variance to Allow a Shed to be Setback Three Feet (3 ) From the Side Lot Line Instead of the Minimum Required Eight Feet (8 ) for the Property Located at 125 Briargate Road Motion: Trustee Bragg moved, seconded by Trustee Kraus to approve (Ordinance #O ) Granting a Variance to Allow a Shed to be Setback Three Feet (3 ) From the Side Lot Line Instead of the Minimum Required Eight Feet (8 ) for the Property Located at 125 Briargate Road. Discussion Director Stilling presented an overview of the variance request. Ayes: Bragg, Chapman, Dudek, Kaplan, Kraus and Lukasik Nays: None Motion Carried.

8 Page 4 of 11 Minutes - Village Board Meeting July 15, Consider for Approval (Ordinance #O ) Amending the Text Provisions of the Village of Cary Zoning Ordinance to Increase the Maximum Allowable Height For Elementary Schools, Junior High/Middle Schools and High Schools in the E1, R1 and R2 Residential Zoning Districts Motion: Trustee Bragg moved, seconded by Trustee Kaplan to approve (Ordinance #O ) amending the text provisions of the Village of Cary Zoning Ordinance to increase the maximum allowable height for elementary schools, junior high/middle schools and high schools in the E1, R1 and R2 residential zoning districts. Discussion Director Stilling gave an overview of the Cary-Grove High School auditorium renovation project. Director Stilling stated this project will require an amendment to the zoning ordinance to allow schools to increase the maximum building height from 30 feet to 50 feet. Director Stilling further stated the amendment as proposed would increase the height above 30 feet only for portions of the structure not intended for occupancy. Director Stilling further stated one of the requirements the Village had established to create this is that the Village will require that any structure that is greater than 30 feet tall be setback an additional two feet (2 ) from the required setback for every foot above 30 feet. Ayes: Bragg, Kaplan, Dudek, Kraus, Chapman, Lukasik Nays: None Motion Carried. 3. Consider for Approval a Video Gaming License for Tracks Bar and Grill located at 108 W. Main Street Motion: Trustee Kaplan moved, seconded by Trustee Bragg to approve a Video Gaming License for Tracks Bar and Grill located at 108 W. Main Street. Discussion Director Stilling gave an overview of the Tracks Bar and Grill s request for a video gaming license for five machines. Ayes: Kaplan, Bragg, Lukasik, Chapman, Kraus Nays: Dudek Motion Carried.

9 Page 5 of 11 Minutes - Village Board Meeting July 15, Consider Rescinding Ordinance #O , Adopted on June 17, 2014, Granting a Comprehensive Plan Amendment, Map Amendment, Conditional Use, Variations & Final Plat of Subdivision for the Property Located at 225 N. First Street, Cary, Illinois Motion: Trustee Bragg moved, seconded by Trustee Chapman to rescind Ordinance No. O , adopted on June 17, 2014, granting a Comprehensive Plan Amendment, Map Amendment, Conditional Use, Variations & Final Plat of Subdivision for the property located at 225 N. First Street, Cary, Illinois. Discussion Mayor Kownick stated Trustee Kaplan has recused himself from this part of the meeting due to his financial interest in representing the property owner. 1. Lynn Royales, 200 N. 2 nd St., Apt. 2A5, addressed the Village Board regarding her concern of bias against residents that rent apartments. 2. Rich Ring, 535 Surrey Ridge, addressed the Village Board regarding his concern about the marketing of the Pedcor Project. 3. George Hinkes, 277 Little Stonegate, addressed the Village Board regarding his concern about Trustee Kaplan s involvement in the Pedcor Project. Mr. Hinkes also voiced his concern of bias against residents that rent apartments. 4. Al Ross, 461 White Oaks Drive, addressed the Village Board regarding his concern that the anti-pedcor billboards appeared to be unwelcoming to those entering the community. 5. Kyle McAlpine, 545 Red Cypress Drive, addressed the Village Board stating his concerns about the behavior of both the audience members and the Village Board regarding the Pedcor Project. Mr. McAlpine stated his support of the Pedcor Project. 6. Ellen McAlpine, 545 Red Cypress Drive, addressed the Village Board regarding her concerns over respectful discourse involving the Pedcor Project. Ms. McAlpine stated her support for the Pedcor Project. 7. Suzanne Scott, 484 Newcastle Drive, addressed the Village Board regarding her opposition to the Pedcor Project. 8. Rebecca Dula, 140 Franke, addressed the Village Board regarding her concern about increased traffic and the location of the Pedcor Project. 9. Carissa Beaman, 61 Burton Ave., addressed the Village Board regarding her support of the Pedcor Project but not the location.

10 Page 6 of 11 Minutes - Village Board Meeting July 15, Mark Green, 1200 Cougar Trail, addressed the Village Board regarding not hearing anyone say to put low income housing in Cary. 11. Gina Cotes, 320 Sherwood Drive, addressed the Village Board regarding public comments for Wendy s. Ms. Cotes stated her support of other vacant lots in Cary for the Pedcor Project. 12. Deanna Peliaz, 438 W. Margaret, addressed the Village Board regarding her support of the Pedcor Project, but opposed the location. 13. Dave Hansen, 254 Crystal St., addressed the Village Board regarding his opposition to the Pedcor Project. 14. Steve Degnan-Schmidt, 1320 Mulberry Lane, addressed the Village Board regarding his support of the Pedcor Project. 15. Venitia Oswalt, 241 Leith Way, addressed the Village Board regarding her opposition to the Pedcor Project and support of bringing more retail to the Village. Administrator Clark indicated the phone in the Village Board Room is wired to a speaker in the Conference Room upstairs for residents to hear the Village Board Meeting. Mr. Tom Burney, of the law firm Zanck, Coen, Wright & Saladin, PC, introduced Mr. Tom Crowe, Executive Vice President of Development & Finance for Pedcor and Mr. Michael Byrids, Attorney for Pedcor. Mr. Burney stated strong objection to the Village Board s consideration of this motion to rescind. Trustee Kraus read excerpts of an he had sent to Trustees regarding his opposition to the Pedcor Project. Trustee Lukasik stated her concern that the Pedcor Project is dividing the community. Trustee Lukasik stated her opposition to the Pedcor Project. Trustee Chapman stated his support of the Pedcor Project. Trustee Dudek thanked Kyle McAlpine for his comments at tonight s meeting. Trustee Dudek stated how he was opposed to the project s design in the beginning but now is fully supportive of the redesigned Pedcor Project.

11 Page 7 of 11 Minutes - Village Board Meeting July 15, 2014 Trustee Bragg asked if Village Attorney Coppedge had any response to the statements made by Pedcor s representatives. Village Attorney Coppedge stated that the Village Board can consider rescinding Ordinance #O and that the Village Board has been advised of the legal issues involved in doing so. Trustee Bragg stated that he would vote in support of the motion. Mayor Kownick stated his support of the Pedcor Project. Ayes: Kraus, Bragg, Lukasik Nays: Chapman, Dudek, Kownick Motion Failed. 5. Consider for Approval (Ordinance #O ) the Northern Illinois Police Alarm System (NIPAS) Agreement Motion: Trustee Bragg moved, seconded by Trustee Chapman to approve (Ordinance #O ) approving the Northern Illinois Police Alarm System (NIPAS) Agreement. Discussion Chief Finlon stated this ordinance allows the Village of Cary and the Cary Police Department to enter into an agreement with the Northern Illinois Police Alarm System (NIPAS), which is a mutual aid agreement that will provide access for the Village for two specific items that NIPAS offers. One is a basic car plan and the second is an emergency services team. Ayes: Bragg, Chapman, Dudek, Kaplan, Kraus and Lukasik Nays: None Motion Carried. IX. Administrator s Report Administrator Clark stated Director Morimoto provide an update to the Village Board on two projects. Director Morimoto updated the Village Board on the Village of Cary construction program for this summer. Director Morimoto stated the Jandus Road Cutoff project is progressing on schedule. Director Morimoto stated the 2014 Road and Water Distribution Program Improvements have begun.

12 Page 8 of 11 Minutes - Village Board Meeting July 15, 2014 Trustee Lukasik asked about the status of the water connection going under the highway at Jandus Cutoff. Director Morimoto stated this connection is no longer necessary beneath Route 14, and is being installed as part of the road and water program with an extension along East Main behind CVS to Montana and then extending eastward towards Decker. Trustee Chapman asked where the Village is with the EPA mandate for phosphorus reduction. Director Morimoto stated it is still in the comment period and the Village is waiting for the final report from the EPA, hopefully later this summer or fall. Administrator Clark stated he has had discussions with the Illinois Emergency Management Agency regarding the grant for the Sunset/Crest neighborhood. Administrator Clark stated he would have another update in the fall regarding this grant. Trustee Chapman suggested sending letters again to Senators regarding this grant. Trustee Lukasik asked if there any short term plans that can help these residents. Administrator Clark stated, on a storm by storm basis, the Village follows up with the neighborhood to ensure that storm drains are clear and to help residents in any reasonable way possible. X. Department Head Reports XI. Future Agenda Items and Discussion by Village Board Trustee Lukasik asked Village Attorney Coppedge for clarification on tonight s vote regarding Pedcor. Village Attorney Coppedge stated the vote was 3-3 with the Mayor voting since there was a Trustee who was recused from the vote. Village Attorney Coppedge further stated when the vote is 3-2, when the 3 is the prevailing or affirmative side of the vote, the Illinois Municipal Code states that the Mayor must vote. In this instance because it was a 3-2 vote, Mayor Kownick did vote and voted against the motion to rescind. The vote tally was a 3-3 vote and the motion to rescind thus failed. The June 17, 2014, ordinance as adopted by the Village Board by a 4-2 vote remains in full force and effect and is the controlling legislation of the Village.

13 Page 9 of 11 Minutes - Village Board Meeting July 15, 2014 XII. Executive Session: Executive Session Meeting Minutes Pending Litigation Setting Sale Price of Village Property Mayor Kownick entertained a motion to enter into Executive Session for the purpose of discussing Executive Session Meeting Minutes, Pending Litigation and Setting Sale Price of Village Property. Motion: Trustee Bragg moved, seconded by Trustee Kaplan to enter into Executive Session for the purpose of discussing Executive Session Meeting Minutes, Pending Litigation and Setting Sale Price of Village Property. Ayes: All ayes by voice vote Nays: None Motion Carried. Mayor Kownick and Trustees Kraus, Chapman, Lukasik, Bragg, Kaplan and Dudek entered into Executive Session at 10:15 p.m. Others present included Village Clerk Bragg, Administrator Clark, Assistant Village Administrator Rife and Village Attorney Coppedge. After discussion, Mayor Kownick entertained a motion to exit Executive Session. Motion: Trustee Kaplan moved, seconded by Trustee Chapman to exit Executive Session at 10:17 p.m. Ayes: All ayes by voice vote Nays: None Motion Carried.

14 Page 10 of 11 Minutes - Village Board Meeting July 15, 2014 XIII. Action on Executive Session 1. Consider for Approval Executive Session Meeting Minutes of March 8, 2014; March 18, 2014; April 15, 2014; May 6, 2014; and May 13, 2014, Not for Release Motion: Trustee Kaplan moved, seconded by Trustee Kraus to approve Executive Session Meeting Minutes of March 8, 2014, not for release. Ayes: Dudek, Chapman, Lukasik, Kraus, Kaplan Nays: None Abstain: Bragg Motion Carried. Motion: Trustee Kaplan moved, seconded by Trustee Kraus to approve Executive Session Meeting Minutes of March 18, 2014, not for release. Ayes: Lukasik, Kraus, Kaplan, Bragg Nays: None Abstain: Dudek, Chapman Motion Carried. Motion: Trustee Kaplan moved, seconded by Trustee Kraus to approve Executive Session Meeting Minutes of April 15, 2014, not for release. Ayes: Dudek, Lukasik, Kraus, Kaplan, Bragg Nays: None Abstain: Chapman Motion Carried. Motion: Trustee Kaplan moved, seconded by Trustee Kraus to approve Executive Session Meeting Minutes of May 6, 2014, not for release. Ayes: Dudek, Chapman, Lukasik, Kraus, Kaplan, Bragg Nays: None Motion Carried. Motion: Trustee Kaplan moved, seconded by Trustee Kraus to approve Executive Session Meeting Minutes of May 13, 2014, not for release. Ayes: Dudek, Chapman, Kraus, Kaplan, Bragg Nays: None Abstain: Lukasik Motion Carried.

15 Page 11 of 11 Minutes - Village Board Meeting July 15, 2014 Trustee Chapman asked the Village Board if he could change his vote for the contribution of $20,000 to the Chamber of Commerce for the fall festival from Nay to Abstain. The Village Board consented to the change. Village staff will update the Minutes to reflect the change. XIV. Adjourn Motion: Trustee Bragg moved, seconded by Trustee Chapman to adjourn. Ayes: All ayes by voice vote Nays: None Motion Carried. The meeting adjourned at 10:19 p.m. Respectfully Submitted, Julie Novak, Deputy Village Clerk Nancy Bragg, Village Clerk

16 August 5, 2014 Village Board Meeting Agenda Item: Report From: Employee Recognition Bill Freeman, Public Works, 10 Year Employment Anniversary Administrator Clark Introduction Mayor Kownick will recognize Bill Freeman, Public Works Department, on his 10 year employment anniversary with the Village of Cary.

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18 August 5, 2014 Village Board Meeting Agenda Item: Report From: Employee Recognition Donna Schumer-McCarty, Finance, 20 Year Employment Anniversary Administrator Clark Introduction Mayor Kownick will recognize Donna Schumer-McCarty, Finance Department, on her 20 year employment anniversary with the Village of Cary.

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20 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Discussion Regarding the Annual Status Report from Meyer Material Company Discussion Community Development Background On February 19, 2008, the Village Board approved Ordinance granting a conditional use for mining and mineral extraction (Ordinance attached) to Meyer Material, subject to conditions. Pursuant to the approved Ordinance, Meyer Material is required to submit and present an Annual Status Report to the Village Board. For the Board s reference, the following are some key terms of the agreement as outlined in Ordinance : Action Mining & Mineral Extraction Restoration/Reclamation Work Penalty Deed Property to Village of Cary Term Extraction operations are allowed to occur from June 1, 2008 June 1, 2016 To be completed within 2 years after extraction activities and no later than June 1, 2018 For each month that the petitioner mines past the deadline of June 1, 2016 or does not have the restoration completed after June 1, 2018 the petitioner will pay a fine to the Village of $100,000 per month The land is to be conveyed to the Village of Cary by June 1, 2018 In addition, the Village of Cary is in possession and beneficiary to the following letters of credit: Site Restoration LOC $2,000,000 Potential Fine Payment LOC $1,000,000 Water Quality LOC $2,000,000 Impact Fee LOC $1,000,000 (current amount, subject to annual reduction request) Land Conservancy LOC $800,000 (current amount, subject to annual reduction request) In 2011, Meyer Material petitioned the Village for an amendment to the original conditional use to allow for a four (4) year extension to the mining operations citing poor economic conditions. At that time, a public hearing was held and the Board of Zoning, Planning & Appeals ultimately recommended denial of the extension. Prior to the item being considered by the Village Board, Meyer Material withdrew their request for the extension. Current Status According to the current information provided, representatives of Meyer Material have indicated that they are approximately 18 months behind the projected schedule outlined in the original conditional use application. Meyer Material noted that while demand has increased for product supply, it is unlikely that the projected

21 mining/extraction will be completed by June 1, This could result in a smaller lake than originally represented in Meyer Material has indicated that the overall project could still be completed in accordance to the original 2008 plans if Meyer Material were granted a 2-year extension to mining operations, which would run concurrent with 2-year reclamation/restoration period (June 1, 2016 June 1, 2018). Meyer Material believes that both mining and reclamation can be completed by June 1, 2018, which is when the property is to be conveyed to the Village of Cary. Based on this information, Meyer Material has the following options: 1. Meyer Material could submit an application requesting an amendment to Conditional Use Ordinance requesting an extension to mining operations, allowing for mining/extraction to occur during the reclamation period. This would require a public hearing before the Board of Zoning, Planning & Appeals and approval by the Village Board. 2. Meyer Material can proceed to mine the site in accordance to the 2008 plan until June 1, Should Meyer Material continue to mine past the June 1, 2016 deadline, Meyer Material would be required to pay a fine of $100,000/month until mining operations cease. 3. Meyer Material can proceed to mine the site at their current pace and cease mining operations by June 1, Because Meyer Material is behind schedule, the entire project area will not have been mined which will likely result in a smaller lake than originally represented in Village staff is working with the Village Attorney to determine if the smaller lake would require an amendment to the original conditional use Ordinance. Representatives from Meyer Material will present the Status Report and answer any questions for the Village Board. Action Requested Based on the information provided, it is requested that the Village Board direct staff to work with Meyer Material to define a more specific approach and identify a timeline for completion. Staff will then report back to the Village Board within approximately 90 days on Meyer Material s request. During this time, staff will also be able to identify what amendments to the original agreement may be required. Exhibits A Status Report from Meyer Materials, including Exhibits B. Supplemental Information for Annual Status Report C. Ordinance

22 Exhibit A

23 MWER33il,=#$ 1819 DOT STREET MCHENRY, IL PHONE (815) FAX (815) July 28, 2014 lvlr. Christopher Clark Village Administrator Village of Cary 655 Village Hall Drive Cary, ll RE: Site Redevelopment Project - Status Report Dear Chris: Pursuant to the terms and conditions of our Conditional Use Permit with the Viliage of Cary, we have prepared this letter as part of our status report for the Village Board and the neighboring residents. This letter will serve as an outline of our presentation before the Board on Tuesday, August 5th. FINANCIAL MATTERS On May 30th, Meyer Material submitted two checks to the Village totaling $450,000. This was the seventh installment of impact fees ($250,000) and land conservancy fundins ($200,000) for the pro.iect. As a result of these payments, we have submitted written requests to reduce two of the LOCs by the amounts as noted above. Upon Village approval, these reductions for $450,000 would leave $6.35M outstanding for the project. OPERATIONAL MATTERS During the period since we last reported, we completed topsoil stripping in Cell 4 and a large portion of Cell 5 along Route 31 before shutting off crews at the end of November due to an early winter. Our stripping activities resumed in mid-march of this year and will continue for as long as the weather permits. Currently, we are stripping the last portion of Cell 5 and a portion of Cell 7 in order to position the main feed conveyor for the iinal leg of the project. We anticipate stripping approximately 12 to 14 acres this year as the gravel deposit is much thinner and erratic as we move north. The result is more overburden to move in order to reach the deposit. The increased level of overburden results in slower overall production as it takes longer to open up an area for mineral exlraction. We have supplemented our stripping crew and our below water extraction crew in an effort to keep pace with production goals. AGGREGATES T READY MIX CONCRETE o BUILDING MATERIALS

24 Mr. Christopher Clark July 28, 2014 Page Two The photo below illustrates howthe deposit has changed. There are two small seams of saleable material (from 2 to 7 feet in depth) embedded in the overburden layers. This is not a uniform deposit and presents an economic hardship if this continues throughout the remainder of the project. Overburden materials are being hauled west and south along the property setback lines and are deposited for final reclamation along Route 31 and along the south line of the Chally remnant parcel. A good portion of the table land along Route 31 has been planted in crops this spring to stabilize the restored surface. We are currently mining along the east side of the Chally remnant property in Cell 5 and a portion of the south end of Cell 7. The main conveyor needs to be positioned east of the cell 5-6 boundaries in order to mine along both sides upon exit. The south end of Cell 7 (and possibly a portion of Cell 8) needs to be removed in order to make the jog Mineral removal started this year in Cell 5 and will end this season in Cell 6 and the south portion of Cell 7. Last year, we removed approximately 1.5 million tons of raw material and expect to do the same amount this year

25 Mr. Christooher Clark July 28,2014 Page Three We have completed above water mineral extraction in Cells 3 and 4. These areas are being filled, sloped and/or fine graded this season (see photo below). Below water extraction in Cell 2 has been completed. Below water mining in Cells 3 and 4 will be about 900/0 complete after the conveyor is moved with the remaining 10olo left during the final stage. The south end ofthe project is nearing completion. Overburden from stripping continues to be deposited in the areas between the setback zone and the final shoreline of the lake until design grades are met. Below is a view looking north along Route 31 all the way to the Chally remnant property.

26 Mr. Christooher Clark July 28,2014 Page Four We continue to maintain fully reclalmed areas with periodic mowing and weed removal as needed. The lake's overall size and shape will be determined by a combination of mineral reserve quality/access versus project completion deadlines. We remain behind schedule based on calculated reserve estimates but see improvements in shipments fot 2014 and beyond. Unfortunately, the prolonged downturn in the construction economy and other unforeseen challenges make it impossible to reach the proposed design for the project by the original deadline. A separate packet of information will be submifted to provide detail. TECHNICAL MATTERS To the best of our knowledge, no complaints have been registered between neighbors in Fox Trails or along Route 3'l. There was a long inconvenience for the general public during the construction of the Route 31 by-pass project but that is starting to wind down. Analytical results for quarterly groundwater monitoring continue to be forwarded to the village and their consultants for review. Laboratory reports for all four quarters of 2013 and the first quarter of 2014 have been submitted. The second quarter report should be out shortly. FUTURE PLANS Mineral extraction activities will continue to move north around the Chally farm remnant and turn to the east. By the end of this year, we will be in position to mine north, east and south (along the main conveyor as we exit). We will continue building slopes along the west portions of the project and refill areas effected by erosion. Cell 4 and the west half of Cell 5 will be completely restored from stripping activities occurring throughout the year. The SE corner of the Chally remnant property requires a large volume of overburden in order to properly shape. lf you have any questions concerning the contents of this report, please feel free to contact me at 8'15/ , x or via at rtwille@meyermaterial.com. Sincerely, MEYER MATERIAL COMPANY 4^^-t:T. d;tt - Randi T. Wille Manager, Environmental & Land Services

27 Exhibit B

28 1819 DOT STREET MCHENRY, IL PHONE (815) FAX (815) To: Chris Clark, Village of Cary From: Randi Wille, Meyer Material Company RE: Supplemental Info for Annual Review Chris For your benefit, we are including a short narrative with exhibits to further illustrate the issues, both past and present, which have made this project a challenge for us. History We purchased 102 acres of the Chally farm property in 2001 after advancing a number of soil borings in Sand and gravel was found to be present in enough quantity and quality that made good business sense to extend the life of the existing plant in Algonquin. Between 2002 and 2006 we shared a lot of plans and information with the Village. We wanted to create a win-win project that would benefit the entire community as well. After many meetings and delays, our application was submitted in the spring of A number of public hearings were held and the rezoning process was completed in the spring of We broke ground after receiving our State permits and started to fulfill the remainder of our promises. Economic Issues We have included three graphs which illustrate what has occurred since our application was filed. Housing starts, whether single or multi-family have declined significantly. This is evident from the data we collected from several sources. We are not forecasting a large upswing but activity has started to increase. The numbers we found across all groups are still well below average. The graph illustrating State highway program accomplishments was generated by the Illinois Association of Aggregate Producers from Illinois DOT publications. The brief award increase in was the result of the American Recovery and Reinvestment Act. This stimulus plan benefited a small number of shovel ready projects and generated road resurfacing for the asphalt industry. The budget for Illinois road construction remains weak along with other State finances. The third graph shows Meyer s aggregate production history in McHenry County. The severity and length of the downturn kept us from reaching our promised production goals. In 2011, our total production was just above the estimated levels needed for the project. We closed two plants and significantly reduced other production where possible. This is what lead to our request for an extension of time in late Our ready-mix concrete business faced a 70% decline in business demand and our aggregate business had little else to supply. Operating Problems We have included a series of aerials that depict where we are with the project, where we need to be, and what will happen when the extraction period ends in June of These exhibits are better discussed in person as they are somewhat technical. We have also run into heavier overburden which is slowing our current operations. The annual report provides a little more detail about that problem and we will be happy to share our concerns. AGGREGATES READY MIX CONCRETE BUILDING MATERIALS

29 Housing starts based on building permits issued Regional Single Housing Permits Regional Housing Permits IL Single Housing Permits McHenry County Housing Permits Cary Housing Permits Algonquin Housing Permits May 14 0 Information Gathered from the Federal Reserve of St. Louis, US Dept of Commerce, McHenry County, Cary and Algonquin

30 Accomplishments State Annual Highway Program Accomplishments - State Highways Miles Bridges $ (Billions) 2.5 Miles/Bridges $ Billions Awarded Page 1

31 McHenry County Production History Algonquin Crystal Lake Marengo McHenry Total Production Cary Production Est. Throughput in Tons Production Year

32 EXB-1 TEL. (630) FAX (630) Varsity Drive Lisle, Illinois

33 EXB PROPOSED WATERLINE/SHORELINE AND PATH DESIGN TEL. (630) FAX (630) Varsity Drive Lisle, Illinois

34 EXB PROPOSED WATERLINE/SHORELINE AND PATH DESIGN TEL. (630) FAX (630) Varsity Drive Lisle, Illinois

35 EXB AND 2014 PROPOSED TEL. (630) FAX (630) Varsity Drive Lisle, Illinois

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53 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Motion: Consider for Approval (Resolution #R ) Granting a Reduction of Meyer Material Company s Impact Fee Letter of Credit and Land Conservancy Maintenance Letter of Credit Resolution Community Development I will entertain a motion to approve (Resolution #R ) granting a $250,000 reduction to the Meyer Material Company impact fee letter of credit resulting in a new letter of credit in the amount of $750,000 and granting a $200,000 reduction to the Meyer Material Company land conservancy maintenance letter of credit resulting in a new letter of credit in the amount of $600,000. Background Pursuant to the terms of the conditional use permit, Meyer Material recently submitted two checks to the Village totaling $450,000. The two contributions are required payments for the land conservancy maintenance ($200,000) and the impact fee ($250,000). Meyer Material has been timely with submitting their contributions. The below schedule illustrates the letters of credit (LOC) the Village has on file relating to the Meyer Material project. Each letter of credit is pursuant to the terms of the conditional use permit granted to Meyer Material. Letter of Credit Schedule Site Restoration LOC $2,000,000 Potential Fine Payment LOC $1,000,000 Water Quality LOC $2,000,000 Impact Fee LOC $750,000* (Subject to Village Board approval) Land Conservancy LOC $600,000* (Subject to Village Board approval) Recommendation Staff recommends that the Village Board approve the request to reduce the existing Meyer Material Impact Fee LOC and Land Conservancy LOC. Exhibits A. Resolution B. Two (2) letters from Meyer Materials requesting reductions to their existing LOC s Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

54 Exhibit A

55 RESOLUTION #R A RESOLUTION GRANTING A REDUCTION OF MEYER MATERIAL COMPANY S IMPACT FEE LETTER OF CREDIT AND LAND CONSERVANCY MAINTENANCE LETTER OF CREDIT ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF AUGUST, 2014 Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this day of August, RESOLUTION #R A RESOLUTION GRANTING A REDUCTION OF MEYER MATERIAL COMPANY S IMPACT FEE LETTER OF CREDIT AND LAND CONSERVANCY MAINTENANCE LETTER OF CREDIT WHEREAS, on February 19, 2008, the Village of Cary approved Ordinance # granting a conditional use for mining and mineral extraction for Meyer Material; and WHEREAS, Ordinance # set forth certain conditions including the requirement to submit letters of credit for both the land conservancy maintenance and impact fee; and WHEREAS, pursuant to the terms of the conditional use permit, Meyer Material submitted two checks to the Village of Cary totaling $450,000 payments for the land conservancy maintenance ($200,000) and the impact fee ($250,000); and WHEREAS, in consideration of receipt of the payments required per Ordinance # , the Village Board approves granting a $250,000 reduction to the Meyer Material Company impact fee letter of credit resulting in a new letter of credit in the amount of $750,000 and granting a $200,000 reduction to the Meyer Material Company land conservancy maintenance letter of credit resulting in a new letter of credit in the amount of $600,000. NOW, THEREFORE, BE IT RESOLVED that the Village of Cary adopts this resolution thereby reducing the letters of credit. SECTION 1: That the above recitals are incorporated as if fully set forth herein.

56 SECTION 2: If any part or parts of this Resolution shall be held invalid for any reason such decision shall not affect the validity of the remaining part or parts of this Resolution. SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED THIS DAY OF AUGUST AYES: NAYS: ABSTAIN: ABSENT: APPROVED THIS DAY OF AUGUST ATTEST: MAYOR VILLAGE CLERK

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60 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Discussion Regarding Potential Tree Replacement Program Modifications. Discussion Public Works Introduction As a result of the regional infestation of the Emerald Ash Borer (EAB), the Village is in the process of removing all 1,800 ash trees from the public right-of-way. This represents approximately 28 percent of the Village s 6,500 total trees in the urban forest. The second phase of this removal process was approved in the current FY budget, and following staff s final assessment of the remaining ash trees will complete the removal process. The significant amount of tree removals that have occurred this past two years has had varying levels of impact to the appearance of the Village s neighborhoods, with some streets losing a high percentage of the parkway trees due to concentrations of ash trees that were planted in certain developments. Current Cost Sharing Program: The Village s current tree replacement process consists of a voluntary cost sharing program that is open to residents that desire a new tree. This applies to any tree removed by the Village, and not limited to the ash trees affected by the EAB. The resident requests are collected by staff, with a choice of tree species offered from an approved listing and bid in a single bulk contract. The residents then contribute half of the cost for the lowest priced tree in the bid, which has historically been approximately $90-$110 including installation. Note that if residents do not participate in the cost sharing program, a replacement tree is not provided per the current policy. Village participation in the cost sharing program is limited to the available funding approved in each fiscal year budget. For FY , $50,000 is currently budgeted.

61 Potential Program Modifications: Given the relatively low participation rates in the current cost sharing program to date, and the significant number of parkway trees lost to the EAB infestation, staff has reviewed options for potential modifications to the replacement process. OPTION 1 MAINTAIN CURRENT COST SHARING: Potential concerns with the restoration of the urban forest, with only a 35 percent replacement rate experienced so far (72 trees replanted in 2013 out of a total of 208 trees removed in 2012). At this rate, the Village could experience a net loss of nearly 1,200 trees of the 1,800 ash trees that need to be removed. Note that the higher rate of removals this past year may result in tree replacement costs exceeding the $50,000 budgeted in FY , even at the lower participation rate. OPTION 2 MODIFIED COST SHARING: The existing program could be modified to streamline the application process and minimize the unit costs with a reduced species list. Elimination of the resident choice for tree species, along with staff recommendations on a more limited number of approved tree species tailored to seasonal availability, minimizes the unit costs in each bid. Staff selection of tree species ensures proper diversity in the urban forest (overall and locally) and avoids an over-concentration of a single more popular species such as maples that could occur with the current program. This would also address problems with the success rate of certain species on the current approved list (species were often changed when replaced under warranty) and resident complaints on early appearance of the slower-growing species on the list, such as the oaks. Potential concerns remain with the restoration of the urban forest, with only a 35 percent replacement rate experienced so far. Note that the higher rate of removals this past year may result in tree replacement costs exceeding the $50,000 budgeted in FY , even at the lower participation rate. OPTION 3 ANNUAL REPLACEMENT BY ZONE: A Village-funded replacement program could replace the missing trees over a multi-year period, based on an annual funding allocation. Zones would be prioritized according to the number of missing trees/block, focusing on the areas with the highest percentage of empty parkways first. Based on an assumed budget allocation of $50,000 per year, the remaining ~1,700 locations could be planted at a manageable rate but spreading costs over a longer term (within 12 years). Should residents wish to have their trees to be replaced right away (and not wait for their turn within the estimated 12-year program term), they would have the option to pay the entire cost of the tree, but take advantage of the Village s bulk contract pricing and have it installed with the next available bid. Tree species for all locations would be determined by the Village in order to ensure proper diversity in the urban forest and minimize the unit costs in the bid based on seasonal availability.

62 Staff Recommendation Staff suggests consideration of Option 3 and the implementation of an annual replacement program by the Village, as opposed to the current resident cost sharing process. This option would provide a more substantial long-term recovery of the lost trees due to the EAB and result in a program that is easier to implement from an administrative perspective with fewer written notifications and calls to process. The overall length of the program may also help encourage resident participation. Action Requested Direction from the Village Board regarding the proposed modification to the tree replacement program. Financial Impact Does Action Require an Expenditure of Funds? Yes If Yes, Total Cost: Not to exceed $50,000 Budget Line Item: Budget Amount: $50,000 Within Budget: Yes

63 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Consider for Approval (Ordinance #O ) Rules and Procedures for Village Board Member Attendance Via Audio or Video Conferencing Ordinance Administration Introduction Trustee Chapman requested that Village staff research information regarding electronic attendance at Village Board meetings. Village staff conducted research on area municipalities and determined that most have an ordinance allowing for electronic attendance (via audio or video conference). Per section 7 of the Illinois Open Meetings Act (5 ILCS 120/7), electronic meeting attendance may be offered for the following reasons: Personal illness or disability Employment purposes or Village business A family emergency If a Village Board member wishes to be considered present at the meeting by electronic participation, the Village Board member would notify the Village Administrator in advance of the meeting to ensure that technology and phone access is set up. At the meeting, provided a quorum is physically present, an affirmative vote by the majority of the Village Board physically present would allow the Village Board member to participate in the meeting electronically. Exhibits A. Ordinance B. Example Electronic Attendance Ordinances Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

64 Exhibit A

65 VILLAGE OF CARY ORDINANCE NO. #O AN ORDINANCE APPROVING THE RULES AND PROCEDURES FOR VILLAGE BOARD MEMBER ATTENDANCE VIA AUDIO OR VIDEO CONFERENCING ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF AUGUST, 2014 Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this day of August, ORDINANCE NO. #O AN ORDINANCE APPROVING THE RULES AND PROCEDURES FOR VILLAGE BOARD MEMBER ATTENDANCE VIA AUDIO OR VIDEO CONFERENCING WHEREAS, section 7 of the Illinois Open Meetings Act (5 ILCS 120/7) permits officials of units of local government to attend meetings through electronic means in limited circumstances; and WHEREAS, the corporate authorities of the Village of Cary desire to permit attendance of members of the village board at meetings by means other than physical presence in compliance with the Open Meetings Act; and WHEREAS, to permit attendance by a means other than physical presence, the Village of Cary must adopt rules that conform to the requirements and restrictions of the Open Meetings Act; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Cary as follows: In addition to holding meetings pursuant to the Open Meetings Act, meetings held by or any board or commission of the Village shall be subject to the following rules: 1. A quorum of the board /commission shall be physically present at the location of an open or closed meeting. 2. Provided a quorum is physically present, a member may be allowed to attend the meeting by audio or video conferencing, if available. 3. Any member who wishes to be considered present at a meeting via audio or video conference may make such request to the board/commission by notifying the Village

66 Administrator prior to the meeting, unless advance notice is impractical, that the member cannot physically attend the meeting for one of the following reasons: a. Personal illness or disability b. Employment purposes or Village business; or c. A family or other emergency 4. An affirmative vote by a majority of the board/commission physically present may allow the member to attend a meeting as provided above. 5. The minutes of every meeting shall reflect the members physically present, absent, and present by audio or video conference. SECTION 1: That the above recitals are incorporated as if fully set forth herein. SECTION 2: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED THIS DAY OF AUGUST, AYES: NAYS: ABSTAIN: ABSENT: APPROVED THIS DAY OF AUGUST, ATTEST: MAYOR VILLAGE CLERK

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76 August 5, 2014 Village Board Meeting Agenda Item: Report From: Consider for Approval Consent Agenda Village Administrator Motion: I will entertain a motion to approve the Consent Agenda Item #1. Introduction The following item is on the Consent Agenda: 1. Consider for Approval the Warrant Dated 08/05/2014 Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

77 August 5, 2014 Village Board Meeting Agenda Item: Consider for Approval the Warrant Dated 08/05/2014 Type: Report From: Payment Finance Motion: I will entertain a motion to approve the Warrant dated 08/05/2014. Introduction The Finance Department has prepared the Warrant to be considered for the Village Board approval on 08/05/2014. Please contact Finance Manager Ventrella for further information prior to the Village Board meeting. Exhibit A. Warrant Dated 08/05/2014 Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

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88 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Motion: Consider for Approval (Resolution #R ) Waiving the Standard Bid Procedure Requirements and Granting the Village Administrator the Authority to Purchase Provisional Bulk Road Salt in an Amount Not to Exceed $115, Resolution Public Works I will entertain a motion to approve (Resolution #R ) waiving of the standard bid procedure requirements and granting the Village Administrator the authority to purchase provisional bulk road salt in an amount not to exceed $115, Introduction In an effort to attain economics of scale for the procurement of rock salt that is necessary for winter road maintenance, the Village of Cary has historically participated in the Illinois Department of Central Management Services (CMS) joint purchasing program. However, CMS issued letters to several communities this month informing them that salt supply companies did not make any offers to supply salt to certain locations in their joint purchase program due to the severity of last winter that severely depleted vendor and manufacturer supply to a degree that is very likely impacting the availability of road salt through normal channels. The Village of Cary was not one of these agencies that received this notice. CMS indicated that those communities that did have contracts with bids, such as the Village of Cary, will have unit costs significantly higher than past years, ranging from $70 to over $140 per ton. Note that CMS is unable to release the unofficial bid result until it is formally awarded, despite requests by staff to help establish a contingency plan. Unit costs will not likely be released for the next three weeks according to CMS staff. The Village is still contractually obligated to remain in the State CMS joint bid and would eventually receive the minimum 1,360 tons at the awarded unit cost (to be determined). Based on the Village s experience through the CMS program during last winter s severe weather, it is anticipated that the uncertainties with regards to salt supplies may also have an effect on the timeliness of delivery for those communities such as the Village of Cary that still have a standing bid through the State. Staff Analysis Staff recommends that 500 tons of provisional road salt be purchased as soon as possible to maintain a reserve sufficient for early season snow removal efforts. Waiver of the standard bid procedures and utilization of the available quotes received by staff would shorten the procurement process for this critical commodity by several weeks. This would enable the Village to process an immediate purchase of road salt while vendors still have the desired amount available.

89 In order to secure the desired amount of early-season salt despite the significant demand and limited supply, quotes have already been requested directly from seven (7) major and minor distributors in the region. Only two suppliers currently have indicated they have a supply of salt on-hand and are able to offer quotes at this time, with inventories anticipated to drop as area municipalities without a standing CMS bid make arrangements for their salt purchases. Financial Impact Does Action Require an Expenditure of Funds? Yes If Yes, Total Cost: $115,000 This purchase Future CMS contract purchase: $95,200 to $190,400 (1,360 $70-$140/ton for min. CMS contract amount) Budget Line Item: Budget Amount: $120, Within Budget: Only for initial purchase CMS joint purchase, once awarded, will exceed budget amount Exhibits A. Resolution Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

90 Exhibit A

91 VILLAGE OF CARY RESOLTUION NO. #R A RESOLUTION WAIVING THE STANDARD BID PROCEDURE AND GRANTING THE VILLAGE ADMINISTRATOR THE AUTHORITY TO PURCHASE PROVISIONAL ROAD SALT IN AN AMOUNT NOT TO EXCEED $115, Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this day of August, ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF AUGUST, 2014 RESOLUTION NO #R A RESOLUTION WAIVING THE STANDARD BID PROCEDURE AND GRANTING THE VILLAGE ADMINISTRATOR THE AUTHORITY TO PURCHASE PROVISIONAL ROAD SALT IN AN AMOUNT NOT TO EXCEED $115, WHEREAS, the Village of Cary utilizes bulk road salt as part of its winter deicing operations; and WHEREAS, the Village of Cary participates in the State of Illinois Central Management Services (CMS) joint purchasing program for bulk road salt; and WHEREAS, the release of the bid results for the CMS joint purchasing program have been delayed until at least late August; and WHEREAS, the severity of the winter season has been impacting the availability of road salt through normal channels, including the CMS joint purchasing program; and WHEREAS, the time to implement the standard bid procedures may preclude the Village from securing available supplies of road salt at the lowest market rate; and WHEREAS, staff has requested quotes from regional road salt suppliers; and WHEREAS, the Village of Cary desires to ensure an adequate supply of provisional salt for potential early-season use and to meet overall demand during the entire winter.

92 NOW, THEREFORE, BE IT RESOLVED that the Village of Cary has waived the standard bid procedure requirements and authorizes the purchase of provisional bulk road salt based on available written quotes in an amount not to exceed $115, SECTION 1: SECTION 2: That the above recitals are incorporated as if fully set forth herein. The Village Administrator is authorized to purchase road salt. SECTION 3: If any part of this Resolution shall be invalid for any reason such decision shall not affect the validity of the remaining part or parts of this Resolution. 4: This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED THIS DAY OF AUGUST, AYES: NAYS: ABSTAIN: ABSENT: APPROVED THIS DAY OF AUGUST, ATTEST: MAYOR VILLAGE CLERK

93 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Motion: Consider for Approval (Resolution #R ) a Joint Purchase Bid Award for the Purchase of a 2015 F-250 ¾-ton Pickup Truck Bid Award Public Works I will entertain a motion to approve (Resolution #R ) authorizing the purchase of a 2015 Ford F-250 ¾-ton pickup truck from Currie Motors, Frankfort, Illinois, through the Northwest Municipal Conference Suburban Purchasing Cooperative in an amount not to exceed $21, Introduction Replacement vehicles were included in the approved Fiscal Year budget, including a ¾-ton pickup truck. This is a budgeted replacement of a 2000 Chevrolet ½-ton pickup truck in the Public Works Department Operations and Maintenance fleet vehicle that has reached its life expectancy due to recurring mechanical issues and significant rust in the cab floor (currently patched). The replacement of this light-duty ½-ton truck with a heavy-duty ¾-ton truck would allow flexibility to be utilized for additional maintenance duties requiring a heavier payload, as well as the capability to attach a snow plow if necessary. A ¾-ton pickup truck is available for purchase by participating municipalities through the Northwest Municipal Conference Suburban Purchasing Cooperative (NWMC-SPC). The pricing for the vehicles in these contracts is based on competitively bids as part of a joint contract through NWMC-SPC and meets the requirements of the current purchasing policy. Financial Impact Does Action Require an Expenditure of Funds? Yes If Yes, Total Cost: $21, Budget Line Item: Budget Amount: $27, Within Budget: Yes Exhibits A. Resolution Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

94 Exhibit A

95 VILLAGE OF CARY RESOLUTION NO. #R A RESOLUTION AUTHORIZING THE PURCHASE OF A 2015 FORD F-250 ¾-TON PICKUP TRUCK FROM CURRIE MOTORS, FRANKFORT, ILLINOIS, THROUGH THE NORTHWEST MUNICIPAL CONFERENCE SUBURBAN PURCHASING COOPERATIVE IN AN AMOUNT NOT TO EXCEED $21, Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this day of August, ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF AUGUST, RESOLUTION NO. #R A RESOLUTION AUTHORIZING THE PURCHASE OF A 2015 FORD F-250 ¾-TON PICKUP TRUCK FROM CURRIE MOTORS, FRANKFORT, ILLINOIS, THROUGH THE NORTHWEST MUNICIPAL CONFERENCE SUBURBAN PURCHASING COOPERATIVE IN AN AMOUNT NOT TO EXCEED $21, WHEREAS, the Village of Cary operates a fleet of vehicles and equipment necessary to provide certain core services, including snow plowing and roadway maintenance; and WHEREAS, an existing light-duty ½-ton pickup truck in the Public Works Department Operations and Maintenance fleet vehicle has reached its life expectancy; and WHEREAS, a heavy-duty ¾-ton truck would allow flexibility to be utilized for additional maintenance duties requiring a heavier payload, as well as the capability to attach a snow plow if necessary; and WHEREAS, the Village is eligible to participate in the Northwest Municipal Conference Suburban Purchasing Cooperative (NWMC-SPC); and WHEREAS, Currie Motors, Frankfort, Illinois, was the lowest responsible and responsive bidder and was approved by the NWMC-SPC. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Cary as follows:

96 SECTION 1: The Village of Cary authorizes the purchase of a 2015 Ford F-250 ¾-ton pickup truck from Currie Motors, Frankfort, Illinois, through the Northwest Municipal Conference Suburban Purchasing Cooperative in an amount not to exceed $21, SECTION 2: That the above recitals are incorporated as if fully set forth herein. SECTION 3: If any part of this Resolution shall be invalid for any reason such finding shall not affect the validity of the remaining portion of this Resolution. 4: This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED THIS DAY OF AUGUST, AYES: NAYS: ABSTAIN: ABSENT: APPROVED THIS DAY OF AUGUST, ATTEST: MAYOR VILLAGE CLERK

97 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Motion: Consider for Approval (Resolution #R ) the 2014 Fire Hydrant Painting Program Contract Public Works I will entertain a motion to approve (Resolution #R ) a one-year contract with Alpha Paintworks, Chicago, Illinois, in an amount not to exceed $38,500.00, with an optional one-year extension. Introduction Painting for approximately 500 of the Village s 1,100 fire hydrants was included in the approved Fiscal Year budget. Painting is a part of the routine maintenance necessary for the maximizing the longevity of this part of our water infrastructure. This particular service is available for purchase by participating municipalities through the Municipal Partnering Initiative (MPI). The pricing for the fire hydrant painting in this contract is based on a competitively bid as part of a joint contract for multiple municipalities and meets the requirements of the current purchasing policy. The summary of the bid awarded by MPI to Alpha Paintworks is included below and a copy of the bid is attached: Item As-Bid Unit Cost As-Bid Quantity As-Bid Total Proposed Contract Quantity Proposed Contract Total Year 1 Sandblasting & painting $70 per hydrant 500 $35, $38, Year 2 (Optional) Sandblasting & painting $75 per hydrant 500 $37, TBD TBD Staff Analysis Staff recommends approval and suggests that $38,500 of the $40,000 budgeted in the current fiscal year be utilized to paint 550 hydrants in the first year, as opposed to 500, in order to take advantage of the lower unit cost.

98 Financial Impact Does Action Require an Expenditure of Funds? Yes If Yes, Total Cost: $38, Budget Line Item: Budget Amount: $40, Within Budget: Yes Exhibits A. Resolution B. Invitation for Bids Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

99 Exhibit A

100 VILLAGE OF CARY RESOLUTION NO. #R A RESOLUTION AWARDING THE CONTRACT FOR THE 2014 FIRE HYDRANT PAINTING PROGRAM WITH ALPHA PAINTWORKS, INC., CHICAGO, ILLINOIS. Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this day of August, ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF AUGUST, RESOLUTION NO. #R A RESOLUTION AWARDING THE CONTRACT FOR THE 2014 FIRE HYDRANT PAINTING PROGRAM WITH ALPHA PAINTWORKS, INC., CHICAGO, ILLINOIS. WHEREAS, the Village of Cary is responsible for the maintenance of fire hydrants on public water mains; and WHEREAS, painting is a recommended practice to extend the life of existing fire hydrants; and and WHEREAS, a qualified contractor is utilized to perform fire hydrant painting services; WHEREAS, the Village is eligible to participate in the Illinois Municipal Purchasing Initiative (MPI) joint bid for fire hydrant painting; and WHEREAS, Alpha Paintworks, Inc. was the lowest responsible and responsive bidder and was approved by the MPI for the first of two (2) possible one-year contracts. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Cary as follows: SECTION 1: The Village of Cary awards the contract for the 2014 Fire Hydrant Painting Program to Alpha Paintworks, Inc., Chicago, Illinois, in an amount not to exceed $38, SECTION 2: That the above recitals are incorporated as if fully set forth herein.

101 SECTION 3: If any part of this Resolution shall be invalid for any reason such finding shall not affect the validity of the remaining portion of this Resolution. 4: This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED THIS DAY OF AUGUST, AYES: NAYS: ABSTAIN: ABSENT: APPROVED THIS DAY OF AUGUST, ATTEST: MAYOR VILLAGE CLERK

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124 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Motion: Consider for Approval (Resolution #R ) a Sole Source Purchase Authorization for an International 7400 SFA 4x2 Dump Truck Chassis and Cab Resolution Public Works I will entertain a motion to approve (Resolution #R ) authorizing the sole source bid for an International 7400 SFA 4x2 dump truck chassis and cab. Introduction A large 10-ton dump truck is included in the approved Fiscal Year budget. Staff is requesting authorization to request bids for a specific make and model for the dump truck chassis and cab, in lieu of the standard purchasing policy requirement to avoid specifying a brand. While the desired brand of truck was available through a joint purchasing contract, the cutoff date for this item occurred in early May and a timeframe for contract renewal is not yet available. A sole source bid, in lieu of a more general specification, is requested in order to maintain continuity in the fleet from a parts and maintenance perspective. Currently, all the large dump trucks in the fleet are by International Trucks. While other manufacturers also offer chassis/cab models of similar performance, the Public Works Department would realize benefits from only maintaining a single line of parts and the associated training given the small scale of our fleet maintenance staff. As International Trucks does not maintain a single licensed distributor with territories, multiple bids from various local and regional dealerships are still possible through the Village s competitive bid process. The rest of the truck (dump body, etc.) will be procured separately through the standard purchasing policy process. Staff Analysis Staff recommends approval in order to maintain continuity and efficiencies in our fleet. Financial Impact Does Action Require an Expenditure of Funds? No Exhibits A. Resolution Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

125 Exhibit A

126 VILLAGE OF CARY RESOLUTION NO. #R A RESOLUTION AUTHORIZING A SOLE SOURCE PURCHASE FOR A 2015 INTERNATIONAL 7400 SFA 4x2 DUMP TRUCK CHASSIS AND CAB. Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this day of August, ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF AUGUST, RESOLUTION NO. #R A RESOLUTION AUTHORIZING A SOLE SOURCE PURCHASE FOR A 2015 INTERNATIONAL 7400 SFA 4x2 DUMP TRUCK CHASSIS AND CAB. WHEREAS, the Village of Cary operates a fleet of vehicles and equipment necessary to provide certain core services, including snow plowing and roadway maintenance; and WHEREAS, all of the Village s large 10-ton dump trucks are manufactured by International Trucks; and WHEREAS, the Public Works Department s fleet maintenance staff would realize benefits from maintaining a single line of parts and associated training; and WHEREAS, International Trucks does not maintain a single licensed distributor with territories, multiple bids from various local and regional dealerships are still possible through the Village s competitive bid process. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Cary as follows: SECTION 1: The Village of Cary authorizes a bid to be conducted for a sole source purchase of an International 7400 SFA 4x2 dump truck chassis and cab. SECTION 2: That the above recitals are incorporated as if fully set forth herein. SECTION 3: If any part of this Resolution shall be invalid for any reason such finding shall not affect the validity of the remaining portion of this Resolution.

127 4: This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED THIS DAY OF AUGUST, AYES: NAYS: ABSTAIN: ABSENT: APPROVED THIS DAY OF AUGUST, ATTEST: MAYOR VILLAGE CLERK

128 August 5, 2014 Village Board Meeting Agenda Item: Report From: Motion: Consider for Approval the Closure of Certain Roads for the Cary 26 Education Foundation 5K Run/Walk on September 20, 2014 Assistant Village Administrator I will entertain a motion to approve the temporary closure of Crystal Lake Avenue, Foxford Drive, Oakmont Drive and Parkstone Drive for the Cary 26 Education Foundation 5K Run/Walk on Saturday, September 20, 2014 from 7:30 a.m. until the race end as determined by the Police Department. Introduction The Cary 26 Education Foundation has contacted the Village requesting to host their annual 5K run/walk on Saturday, September 20, 2014 from approximately 7:30 a.m. to 9:00 a.m. The event provides grant funds to educators in District 26 schools. The race route will be the same route as the Cary 26 Foundation has utilized in previous years. The proposed route will require the temporary closure of Crystal Lake Avenue and certain streets within the Foxford Hills subdivision. The Village will provide traffic barricades and cones to facilitate the closure of streets for the race. The Cary 26 Education Foundation is aware that Police Officer services will be billed to the Education Foundation. Exhibits A. Letter from Cary 26 Education Foundation B. Map of Proposed Road Closures Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

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130 Cary 26 Education Foundation Foster excellence through enriched education July 10, 2014 Mr. Jacob Rife Assistant to the Village Administrator Village of Cary 655 Village Hall Drive Cary, IL Dear Jacob: On September 20, 2014, the Cary 26 Education Foundation (CEF) is planning on hosting The Cary Shuffle 5K. The Shuffle is a run/walk that was started in The proceeds from the event benefit the Cary 26 Education Foundation s endowment, which in turn funds grants to educators in District 26 schools. This has been a great event for the foundation. Each year, between 300 and 400 people have participated in this community event. It promotes health and wellness, and benefits the educators and children of our community. The Cary 26 Education Foundation is once again seeking the support of the Village of Cary in order present another successful Cary Shuffle in From a logistical standpoint, we are seeking: Temporary closure of the roads shown on the attached map between 7:30 a.m. and 9:00 a.m. on Saturday, September 20, 2014 Support of the Cary Police & Explorers to control traffic on the course 100 orange traffic cones Use of florescent vests (to be used to identify our volunteers) As in years past, the Cary 26 Education Foundation s team will work with the Foxford Hills Homeowner s Association to ensure that residents are aware of the event. This will include the delivery of an informational letter to residents that live on the route of the Cary Shuffle. Thank you for your consideration of this request. Please advise me of our next steps. Sincerely, Kurt Kaiser Cary Shuffle 5K Race Director P.O. Box 426 Cary, IL

131 Exhibit B

132 Cary Shuffle 5K Run/Walk Proposed Road Closures on September 20, 2014, 7:30 a.m. to 9:00 a.m. Oakmont Drive Crystal Lake Avenue Parkstone Drive Foxford Drive Cary Jr. High

133 August 5, 2014 Village Board Meeting Agenda Item: Type: Report From: Motion: Consider for Approval (Resolution #R ) Designating Deputy Police Chief James Fillmore as an Additional the Village of Cary FOIA (Freedom of Information Act) Officer Resolution Assistant Village Administrator I will entertain a motion to approve (Resolution #R ) designating Deputy Police Chief James Fillmore as an additional Village of Cary FOIA (Freedom of Information Act) Officer. Introduction Currently, the Village processes Freedom of Information Act (FOIA) requests from each department (Police, Public Works, Administration, Community Development and Finance) through the Village s FOIA officers. When a request is received, Village staff will coordinate with the specific department to gather the applicable data. A response is generated by Village staff and provided to the requestor. The response is then filed and stored at Village Hall. Discussion The majority of the FOIA requests the Village receives relate to Police records. When a Police record is requested, the Police Department locates the record and provides the record to Village Hall staff. Village Hall staff provides the record and a response to the requestor. Both the Police Department staff and Village Hall staff are keeping copies of the response to the requestor. The current process creates a duplication of work. Going forward, all FOIA requests relating to Police records will be solely handled by the Police Department. In order to accommodate this process change, Deputy Chief Fillmore will be added as an additional Village FOIA officer. Currently, both Chris Clark and Jacob Rife currently serve as FOIA officers. Deputy Chief Fillmore has completed the required FOIA training. Exhibit A. Resolution Motion Second Aye Nay (Village Board Action Taken) Bragg Chapman Dudek Kaplan Kraus Lukasik Kownick

134 Exhibit A

135 RESOLUTION #R A RESOLUTION APPROVING THE DESIGNATION OF DEPUTY POLICE CHIEF JAMES FILLMORE AS AN ADDITIONAL VILLAGE FOIA (FREEDOM OF INFORMATION ACT) OFFICER ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF AUGUST, 2014 Published in pamphlet form by authority of the Mayor and Board of Trustees of the Village of Cary, McHenry County, Illinois this day of August, RESOLUTION #R A RESOLUTION APPROVING THE DESIGNATION OF DEPUTY POLICE CHIEF JAMES FILLMORE AS AN ADDITIONAL VILLAGE FOIA (FREEDOM OF INFORMATION ACT) OFFICER WHEREAS, the Village of Cary is required to designate certain individual(s) as the FOIA officer(s); and WHEREAS, from time-to-time the designation of certain FOIA officers may change in the interest of the Village; and WHEREAS, FOIA officers will receive the appropriate training and abide by the requirements of the FOIA law. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of the Village of Cary do hereby designate the following individual as an additional FOIA officer: James Fillmore

136 SECTION 1: That the above recitals are incorporated as if fully set forth herein. SECTION 2: If any part or parts of this Resolution shall be held invalid for any reason such decision shall not affect the validity of the remaining part or parts of this Resolution. SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED THIS DAY OF AUGUST, 2014 AYES: NAYS: ABSTAIN: ABSENT: APPROVED THIS DAY OF AUGUST, 2014 ATTEST: MAYOR VILLAGE CLERK

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