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HomeMy WebLinkAbout5. New Business 01/20/2015Village of Mount Prospect Fire Department INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER DAVE STRAHL FROM: FIRE CHIEF DATE: JANUARY 12, 2015 SUBJECT: ADDENDUM TO THE MUTUAL AID BOX ALARM SYSTEM AGREEMENT Background: The Mutual Aid Box Alarm System (MABAS) is a prearranged plan whereby response and assistance is provided by aiding units in accordance with the system established and maintained by the MABAS member units. The Village's participation with surrounding fire departments to provide/receive mutual aid was established by a Mutual Aid Box Alarm System Agreement, since 1973 (Attachment 1). The intent of the attached addendum (Attachment 2) is to establish a guideline for recouping costs and making communities financially whole for providing mutual aid for prolonged periods of time (eight hours or more) to a stricken community, therefore complying with Federal Emergency Management Agency (FEMA) policy. The approval of this addendum will secure policy compliance, assuring MABAS eligibility of Federal fund reimbursements for Declaration of Disaster responses consistent with the FEMA Recovery Policy reference Mutual Aid Agreements for Public Assistance and Fire Management Assistance. Further background information can be found in the attached Article "MABAS Matters: Contract Addendum and Reimbursement Concerns" (Attachment 3). Recommendation: Staff recommends approval of the ordinance authorizing an addendum to the Mutual Aid Box Alarm System Agreement to ensure proper reimbursement during a disaster. John J. Malcolm JM/hd Attachments Attachment 1 MUTUAL AID BOX ALARM SYSTEM \ AGREEMENT This a&reement made and entered into the date set forth next to the signature of the respective 4. parties, by and between the units of local government subscribed hereto (hereafter "Unit(s)") that have approved this Agreement and adopted same in manner as provided by law and are hereafter listed at the end of this Agreement. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS, the Illinois revised statutes, 1987, Chapter 127, Section 741 et seq., entitled the "Intergovernmental Cooperation Act", provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and, WHEREAS, the Illinois Revised Statutes, 1987, Chapter 127, Section 745, provides that any one or more public agencies many contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and, 13 WHEREAS, the parties hereto have determined that is in their best interests to enter into this Agreement to secure to each the benefits of mutual aid in fire protection, firefighting and the protection of life and property from an emergency or disaster; and, V, WHEREAS, the parties hereto have determined that it is in their best interests to form an association to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW THEREFORE, in consideration of the foregoing recitals, the Unit's membership in the Mutual Aid Box Alarm System (hereinafter "MABAS") and the covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE Purpose It is recognized and acknowledged that in certain situations, such as, but not limited to, emergencies, natural disasters and man-made catastrophes, the use of a individual Member Unit's personnel and equipment to perform functions outside the territorial limits of the Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain situations, such as the aforementioned, the use of other Member Unit's personnel and equipment to perform functions within the territorial limits of a Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain 2 el situations, such as the aforementioned, the use of other Member Unit's personnel and equipment to perform functions within the territorial limits of a Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of_the public. Further, it is acknowledged that coordination of mutual aid through the Mutual Aid Box Alarm System is desirable for the effective and efficient provision of mutual aid. SECTION TWO Definitions For the purpose of this agreement, the following terms as used in this agreement shall be defined as follows: A. "Mutual Aid Box Alarm System (hereinafter referred to as "MABAS"): A definite and prearranged plan whereby response and assistance is provided to a Stricken Unit by the Aiding Unit(s) in accordance with the system established and maintained by the MABAS Member Units and amended from time to time; B. "Member Unit": A unit of local government including but not limited to a city, village or Fire Protection District having a fire department recognized by the State of Illinois, or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the MABAS Agreement and has been appropriately authorized by the governing body to enter into such agreement, and to comply with the 3 0 rules and regulations of MABAS; C. "Stricken Unit": A Member Unit which requests aid in the event of an emergency; D. "Aiding Unit": A Member Unit furnishing equipment, personnel, and/or services to a Stricken Unit; E. Emergency": An occurrence or condition in a Member Unit's territorial jurisdiction which results in a situation of such magnitude and/or consequence that it cannot be adequately handled by the Stricken Unit and such that a Member Unit determines the necessity and advisability of requesting aid. F. "Division": The geographically associated Member Units or unit which have been grouped for operational efficiency and representation of those Member Units. G. "Training": The regular scheduled practice of emergency procedures during non- emergency drills to implement the necessary joint operations of MABAS. H. "Executive Board": The governing body of MABAS comprised of Division representatives. 4 a 0 SECTION THREE Authority and Action to Effect Mutual Aid A. The Member Units hereby authorize and direct their respective Fire chief or his designee ,to take necessary and proper action to render and/or request mutual aid from other 5. Member Units in accordance with the policies and procedures established and maintained by the MABAS Member Units. the aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the Aiding Unit. The judgement of the Fire chief, or his designee, of the Aiding Unit shall be final as to the personnel and equipment available to render aid. B. Whenever an emergency occurs and conditions are such that the Fire Chief, or his designee, of the Stricken Unit determines it advisable to request aid pursuant to this Agreement,Agreement, lie shall notify the Aiding Unit of the nature and location of the emergency and the type and amount of equipment and personnel and/or services requested from the Aiding Unit. C. The Fire Chief, or his designee, of the Aiding Unit shall take the following action immediately upon being requested for Aid: 1. Determine what equipment, personnel and/or services is requested according to the system maintained by MABAS; 2. Determine if the requested equipment, personnel, and/or services can be committed in response to the request from the Stricken Unit; 5 LIN 0 3. Dispatch immediately the requested equipment, personnel and/or services, to the extent available, to the location of the emergency reported by the Stricken Unit in accordance with the procedures of MABAS; 4. Notify the Stricken Unit if any or all of the requested equipment, personnel and/or services cannot be provided. SECTION FOUR Jurisdiction Over Personnel and Equipment Personnel dispatched to aid a party pursuant to this Agreement shall remain employees of the Aiding Unit. Personnel rendering aid shall report for direction and assignment at the scene of an emergency to the Fire Chief or Senior Officer of the Stricken Unit. The party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Fire Chief or his designee; provided, however, that the party withdrawing such aid shall notify the Fire chief or Senior Officer of the party requesting aid of the withdrawal of such aid and the extent of such withdrawal. SECTION FIVE Compensation for Aid Equipment, personnel, and/or services provided pursuant to this Agreement shall be at no charge to the party requesting aid; however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statutes. C L 0 SECTION SIX Insurn,ce Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverap, including: comprehensive liability, personal injury, property damage; workman's compensation, and, if applicable, emergency medical service professional liability, with minimum limits of $1,000,000 auto and $1,000,000 combined single limit general liability and professional liability. No party hereto shall have any obligation to provide or extend insurance coverage for any use of the items enumerated herein to any other party hereto or its personnel. The obligations of the Section may be satisfied by a party's membership in a self-insurance pool, a self-insurance plan or arrangement with an insurance provider approved by the state of jurisdiction. The MABAS may require that copies or other evidence of compliance with the provisinns of this Section be provided to the MABAS. Upon request, Member Units shall provide such evidence as herein provided to the MABAS members. SECTION SEVEN Indemnification Each party hereto agrees to waive all claims against all other parties hereto for any loss, damage, personal injury or death occurring in consequence of the performance of this Mutual Aid Agreement; provided, however, that such claim is not a result of gross negligence or willful misconduct by a party hereto or its personnel. Each party requesting or providing aid pursuant to this Agreement hereby expressly agrees to 7 93 hold harmless, indemnify and defend the party rendering aid and its personnel from any and all claims, demands, liability, losses, suits in law or in equity which are made by a third party. This indemnity shall include attorney fees and costs that. may arise from providing aid pursuant to this, Agreement. Provided, however, that all employee benefits, wage and disability payments, pensions, workman's compensation claims, damage to or destruction of equipment and clothing, and medical expenses of the party rendering aid shall be the sole and exclusive responsibility of the respective party for its employees, provided, however, that such claims made by a third party are not the result of gross negligence or willful misconduct on the part of the party rendering aid. SECTION EIGHT Non -Liability for Failure to Render Aid The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit to immediately notify the Stricken Unit of the Aiding Unit's inability to respond; however, failure to immediately notify the Stricken Unit of such inability to respond shall not constitute evidence of noncompliance with the terms of this section and no liability may be assigned. No liability of any kind or nature shall be attributed to or be assumed, whether expressly or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the terms of this Agreement. P 0 OR SECTION NINE Term This Agreement shall be in effect for a term of one year from the date of signature hereof and shall automatically renew for successive one year terms unless terminated in accordance with `. this Section. Any party hereto may terminate its participation in this Agreement at any time, provided that the party wishing to terminate its participation in this Agreement shall given written notice to the Board of their Division and to the Executive Board specifying the date of termination, such notice to be given at least 90 calendar days prior to the specified date of termination of participation. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. SECTION TEN Effectiveness This Agreement shall be in full force and effective upon approval by the parties hereto in the manner provided by law and upon proper execution hereof. SECTION ELEVEN Binding Effect. This Agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto. Provided, however, that this Agreement may not be assigned by a Member Unit without prior written consent of the parties hereto; and this 9 0 Agreement shall not be assigned by MABAS without prior written consent of the parties hereto. V SECTION TWELVE Validity The invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason, any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. SECTION THIRTEEN Notices All Notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as may be designated from time to time on the MABAS mailing lists or, to other such address as shall be agreed upon. SECTION FOURTEEN Governing Law This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Illinois. 10 0 SECTION FIFTEEN Execution in Counterparts This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall cgnstitute and be deemed as one and the same document. 1, SECTION SIXTEEN Executive Board of MABAS An Executive Board is hereby established to consider, adopt and amend from time to time as needed rules, procedures, by-laws and any other matters deemed necessary by the Member Units. The Executive Board shall consist of a member elected from each Division within MABAS who shall serve as the voting representative of said Division on MABAS matters, and may appoint a designee to service temporarily in his stead. Such designee shall be from within the respective division and shall have all rights and privileges attendant to a representative of that Member Unit. A President and Vice President shall be elected from the representatives of the Member Units and shall serve without compensation. The President and such other officers as are provided for in the by laws shall coordinate the activities of the MABAS. SECTION_ SEVENTEEN Duties of the Executive Board The Executive Board shall meet regularly to conduct business and to consider and publish the rules, procedures and by laws of the MABAS, which shall govern the Executive Board meetings and such other relevant matters as the Executive Board shall deem necessary. SECTION EIGHTEEN Rules and Procedures Rules, procedures and by laws of the MABAS shall be established by the Member Units via the Executive Board as deemed necessary from time to time for the purpose of administrative functions, the exchange of information and the common welfare of the MABAS. SECTION NINETEEN Amendments This Agreement may only be amended by written consent of all the parties hereto. This shall not preclude the amendment of rules, procedures and by laws of the MABAS as established by the Executive Board to this Agreement. The undersigned unit of local government or public agency hereby has adopted, and subscribes to, and approves this MUTUAL AID BOX ALARM SYSTEM Agreement to which this signature page will be attached, and agrees to be a party thereto and be bound by the terms thereof. 12 Attachment 2 MUTUAL AID BOX ALARM SYSTEM FIRST ADDENDUM TO MABAS MASTER AGREEMENT This First Addendum to the Mutual Aid Box Alarm System ("MABAS") Master Agreement in the State of Illinois, last amended prior to 2000, is meant to incorporate in its entirely the terms included within the Master Agreement except as specifically changed herein. In the event there is a conflict between the terms and conditions of the Master Agreement and this Addendum, this Addendum shall be controlling. As the cost of lending mutual aid support has increased in recent times, communities have determined it necessary to agree in advance on cost reimbursement issues prior to the occurrence of an actual emergency. Mutual aid agreements such as the MABAS Master agreement have served as the foundation for navigating cost issues and engaging in these agreements prior to the emergency avoid post -emergency concerns on cost reimbursement. SECTION FIVE — Compensation for Aid is amended to read as follows: Equipment, personnel, and/or services provided to this Agreement shall be at no charge to the party requesting aid for the first eight (8) consecutive hours of aid provided to the Stricken Unit: however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Day to day mutual aid should remain free of charge and the administrative requirements of reimbursement make it unfeasible to charge for day-to-day mutual aid. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statute. Any Aiding Unit is empowered to and may charge a Stricken Unit for reimbursement for costs of equipment, personnel, and/or services provided under this Agreement for terms of more than eight (8) consecutive hours under the following terms and conditions: 1. The amount of charges assessed by an Aiding Unit to a Stricken Unit may not exceed the amount necessary to make the Aiding Unit whole and should only include costs that are non -routine in nature. 2. The Aiding Unit must assess no more the "usual and customary" charges for personnel costs pursuant to a collective bargaining agreement_ benefit ordinance or compensation policy. 3. The fee structure for apparatus and equipment shall be based on FEMA or OSFM rate schedules. If a particular piece of apparatus or equipment is not listed within the FEMA / OSFM rate schedules, a market rate for reimbursement shall be established. 4. In no event shall the amount assessed by an Aiding Unit to a Stricken Unit exceed the amount of fees permitted to be assessed under Illinois law. 5. Aidinq Units must invoice the Stricken Unit within thirtv (30) days after the completion of the emergency; once thirty (30) days pass, the aid shall be considered to be a donation of service. 6. Mutual Aid and assessing costs for mutual aid cannot in any way be conditioned upon any declaration of a federal disaster. Member Units are encouraged to consider the adoption of internal policies establishing procedures for cost reimbursement on MABAS mobilizations pursuant to established MABAS procedures for collection and submission of funds. The Signatory below certifies that this First Addendum to the MABAS Master Agreement has been adopted and approved by ordinance, resolution, or other manner approved by law, a copy of which document is attached hereto. Political Entity/Agency Date MABAS DIVISION. President/Mayor Signature ATTEST: Clerk/Secretary Signature 0 n July 1, 2014, the Executive Board of the Mutual Aid Box Alarm System (MABAS) issued a nineteen -page document to all 1,175 of its member agencies to explain why MABAS is requesting all member agencies to execute and return an ordinance approving an addendum to the MABAS Master Agreement. The Master Agreement is the intergovernmental agreement between the member agencies that provides MABAS with the necessary authority and powers it utilizes to oversee and support mutual aid functions throughout most of Illinois and into parts of several neighboring states. While the MABAS document issued is organized and highly -detailed, our office has nevertheless received numerous questions about the intent and impact of this addendum. The primary impetusfortheaddendum to the Master Agreement is the issuance of FEMA Policy RP9523.6 entitled "Mutual Aid Agreements for Public Assistance and Fire Management Assistance:'This policy was deemed applicable to all emergencies and major disasters declared by FEMA on or after October 27, 2012, until rescinded or superseded prior to November 10, 2015. The stated objective of Policy RP9523.6 is to"reimburse eligible applicants for work performed by other entities through mutual aid agreements" as long as the expenses are "directly related to a Presidentially -declared major disaster, emergency or fire; incurred in the performance of eligible work; and reasonable" The addendum process took more than a year to plan, design, draft, and edit. Our firm, as MABAS legal counsel, sought input and direction from FEMA to craft the addendum in such a way to meet the intent of Policy RP9523.6 and the rigorous federal disaster reimbursement requirements it imposes. FEMA openly encourages parties to have written mutual aid agreements in place prior to a declaration of disaster, and it further encourages parties to address the subject of reimbursement in these agreements. It is clear that FEMA now expressly conditions its reimbursement on the terms set forth in the underlying mutual aid agreement. Until now, the MABAS Master Agreement has lacked specific language allowing for reimbursement of any eligible costs. MABAS has always provided for day-to- day mutual aid without charge, but where third parties were charged for services, About the Authors: Karl R. Ottosen is a shareholder and managing partner with the law firm of Ottosen Britz Kelly Cooper Gilbert & DiNolfo, Ltd. at the firm's Naperville office. Mr. Ottosen has over twenty-five years of experience representing government entities. He is a frequent speaker at seminars and workshops on topics such as labor, employment, and local governmentlawissues. You maycontactMr. Ottosen atkottosen(@Ottosenbritz. C0111% Shawn P. Flaherty is a partner with Ottosen Britz Kelly Cooper Gilbert & DiNolfo, Ltd. in the firm's Naperville office. He has represented fire protection districts and fire departments, fire commissions, fire and police pension boards, and other units of local government for nearly fifteen years. He has co-authored the IAFPD Handbook for Illinois Fire Protection District Trustees, among other publications. He is a frequent speaker at fire service seminars and has taught Fire Officer classes for the IFCA and NIPSTA and Fire Protection District Certified Trustees classes for the IAFPD. Mr. Flaherty welcomes your e-mails at sflaherlyCottosenbritz.care. a proportional payment was made to all participating members. In federally - declared disasters, reimbursement is sought for all responding agencies for in-state events. If responding to out-of- state disasters, members are serving as state assets and receive reimbursement at 100% of eligible costs from the state. Because of FEMA Policy RP9523.6, without a provision for reimbursement following an initial period of unpaid assistance (eight consecutive hours), municipalities and fire protection districts face a probable denial of FEMA disaster reimbursement. Any member agency who fails to execute the ordinance adopting the MABAS Master Agreement addendum will likely be denied FEMA reimbursement for any response to an incident involving a Presidential declaration of disaster. The MABAS addendum makes clear that it is the intent that day-to-day mutual aid should remain free and that neighboring jurisdictions should not bill each other for routine mutual aid. The addendum provides a mechanism whereby an aiding unit may seek reimbursement from a stricken unit under tightly -prescribed circumstances. The amounts assessed only start after eight consecutive hours of mutual aid and cannot exceed the"usual and customary" charges for personnel costs pursuant to a collective bargaining agreement, benefits ordinance or compensation policy, and they cannot exceed the amount of fees permitted to be assessed under Illinois law. The amounts payable are to include only the non -routine costs meant to make an aiding unit whole. Specifically, this provision is only designed to cover those costs that an aiding fire department Continued on page 32 30 THE F[RE CALL Fall 2014 wwwiafpd.org Continued from page 30 would not have already paid if it was not summoned to aid the stricken unit. Aiding units must invoice the stricken unit within thirty days after the completion of the emergency and failure to invoice the stricken unit within the thirty days shall render the aid as a donation of services. Finally, the addendum makes it abundantly clearthat mutual aid and the assessment of costs for mutual aid are in no way conditional upon the declaration of a federal disaster. Questions have been raised about FEMA Policy RP9523.6 and its limited federal reimbursement share rate for declarations of disaster to be generally reimbursed at 75% of eligible cost. There are large-scale incidents such as September 11th and Hurricane Katrina that were so impactful that FEMA sought separate congressional action to authorize FEMA reimbursements at 100% of eligible cost. Moreover, in the state of Illinois, the Illinois Emergency Management Agency (IEMA), the entity which directs all MABAS missions, authorizes the state of Illinois to reimburse responding agencies at the rate of 100% of all authorized reimbursable costs. For declarations of disaster within the state, FEMA will normally reimburse Illinois 75% of reimbursable costs, while the other 25% is generally covered by the state through the IEMA memorandum of understanding. Some individuals in the volunteer fire service have raised concerns about reimbursement for volunteer fire departments. MABAS-Illinois has been seeking the cooperation of volunteer fire departments to execute the required benefit ordinances to address compensation for volunteers who may be deployed during declared disasters. If a volunteer fire department has no official mechanism to pay its volunteers for their extraordinary efforts during extraordinary events, it will not be eligible forany FEMA reimbursement and maybe denied IEMA reimbursement. Understand that if the volunteer fire department or district adopts such a benefit ordinance, the fire department or district will be expected to compensate its employees pursuant to the terms of the ordinance but will remain eligible for federal or state reimbursement provided the event qualifies.The lesson here is to set benefits in your benefits ordinance at a level that the fire department or district can afford in case reimbursement is not approved. As a reminder, MABAS has requested all of its member agencies to approve the ordinances at board meetings, and return the executed ordinances and Secretary/ Clerk certificate either to your MABAS Division or the MABAS-Illinois office in Wheeling no laterthan January 1, 2015. This action will assist MABAS, IEMA, and FEMA in measuring and awarding proper reimbursement for both federal and state disasters. 32 THE FIRE CALL Fall 2014 wwwiafpd.org ORDINANCE NO. AN ORDINANCE AUTHORIZING AN ADDENDUM TO MUTUAL AID BOX ALARM SYSTEM (MABAS) AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND MABAS ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule unit of government 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 and enjoyed jointly with any other unit of local government; and WHEREAS, Section 5 of the “Intergovernmental Cooperation Act,” (5 ILCS 220/5), provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the Village of Mount Prospect and MABAS Illinois municipal members are units of government within the meaning of the Constitution of the State of Illinois, 1970 Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village will be served by entering into an Addendum to the Mutual Aid Box Alarm System Agreement to secure to each the benefits of mutual aid in fire protection, firefighting, rescue, emergency medical services and other activities for the protection of life and property from an emergency or disaster and to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to execute the Addendum to the Mutual Aid Box Alarm System Agreement, attached and made a part of this Ordinance as Exhibit “A.” SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED and APPROVED this day of January, 2015. _________________________________ Arlene A. Juracek Mayor ATTEST: _________________________ M. Lisa Angell Village Clerk Mount ProspiLet Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER DAVID STRAHL FROM: TRAFFIC ENGINEER DATE: DECEMBER 19, 2014 SUBJECT: DECEMBER 2014 TRANSPORTATION SAFETY COMMISSION MEETING MILLERS LANE & CENTRAL ROAD TRAFFIC STUDY The Millers Station Subdivision (Millers Lane and Cathy Lane north of the Central Community Center) was built in 1993. Millers Lane was originally designed by the developer to permit right turns into the subdivision and right turns out of the subdivision. IDOT and the Village Engineering Division supported the design. Left turns in and left turns out of the neighborhood would be prohibited due to the limited visibility caused by the rise in Central Road west of Millers Lane. Motorists would have full access to and from the neighborhood at Cathy Lane. The Planning & Zoning Commission approved the design at their 1993 hearing. However, residents to the west of the proposed development voiced their concerns to the Village Board and the trustees voted to only allow right turns into the subdivision at Millers Lane. Residents to the west were concerned that it would be difficult to access Central Road due to vehicles turning right from Millers Lane onto Central Road. In the late 1990's the Mount Prospect Park District renovated the industrial building at the northwest. corner of Cathy Lane and Central Road to what is now the Central Community Center (CCC). The Park District petitioned IDOT to install a traffic signal system at the intersection but was denied because traffic volume warrants were not met based on the Manual on Uniform Traffic Control Devices (MUTCD). Even so, during peak usage times at the CCC, the intersection can become congested with visitors as well as Millers Station Subdivision residents. In 2015, Millers Lane is scheduled to be resurfaced as part of the Village's annual resurfacing program. The Engineering Division has received requests over the years to increase access at the Millers Lane and Central Road intersection but there has never been a formal petition submitted to the Village. Knowing that improvements to the intersection could be included in the resurfacing program, it was the Engineering Division's decision to raise the issue and seek the input of affected residents. IDOT was notified and the Village was told they would not object to constructing the intersection to its original design as long as all permitting requirements were met. As part of the study, surveys were sent to the residents on Millers Lane, Cathy Lane, and the two properties on Central Road immediately west of Millers Lane. A survey was also sent to the CCC. 23 of the 68 mailed surveys were returned (34%). 15 surveys support the proposal to allow right turns from Millers Lane onto Central Road. 7 surveys oppose the proposal and 1 survey was indifferent. page 1 of 2 December 2014 Transportation Safety Commission Meeting December 19, 2014 The issue was presented at the December 8, 2014 Transportation Safety Commission Meeting. Seven residents were in attendance. Two residents from Lancaster Street expressed concern that allowing right turns from Millers Lane onto Central Road would make it more difficult for them to turn onto Central Road. Two residents from Central Road expressed concern the proposal would make it more difficult for them to back out of their driveways. And three residents from Millers Lane shared how the proposal would benefit the neighborhood such as stopping motorists from turning around in private driveways, improving services such as snow plowing operations, and alleviating the congestion at the Cathy Lane and Central Road intersection. The Commission and residents agreed that the proposal, if approved, should include measures to discourage CCC visitors from driving around to Millers Lane to exit onto Central Road. By a vote of 7-0, the Transportation Safety Commission recommends to modify access at the intersection of Millers Lane and Central Road to permit right turns from southbound Millers Lane onto westbound Central Road, and continue to permit right turns from westbound Central Road onto northbound Millers Lane, The Commission further recommends the Village request the Park District to install signs prohibiting left turns from the Central Community Center parking lot onto Cathy Lane, and the Village install a No Thru Traffic sign north of the CCC. The recommendations affect the Village Code as follows: • enact an ordinance that prohibit left turns from southbound Millers Lane to eastbound Central Road (Section 18.2002). • enact an ordinance that requires motorists to stop on southbound Millers Lane at its intersection with Central Road (Section 18.2004A). • repeal the ordinance that designates Millers Lane between Central Road and the driveway at 2 N. Millers Lane as one-way northbound (Section 18.2003). Please include this item on the January 20, 2015 Village Board Meeting Agenda. Enclosed are the Transportation Safety Commission Minutes from the meeting as well as an engineering drawing for your reference. Matthew P. Lawrie Attachment c: Director of Public Works Sean Dorsey Deputy Director of Public Works Jason Leib Village Engineer Jeff Wulbecker Village Clerk Lisa Angell h:1 engineering 1 trofficlsofety_commissionVecornmendotions �2014 � TSC-decem6er2024rec. docx page 2 of 2 MILLERS LANE & CENTRAL ROAD TRAFFIC STUDY VILLAGE OF MOUNT PROSPECT IN CENTRAL RD RAISED CONCRETE MEDIAN RIGHT -IN I RIGHT-OUTfi z CENTRAL COMMUNITY CENTER 46 CENTRAL RD TSC RECOMMENDATION ,J CENTRAL RD RAISED CONCRETE MEDIAN RIGHT -IN I RIGHT-OUTfi z CENTRAL COMMUNITY CENTER 46 CENTRAL RD ,J Ik Mexrnt Prospe Director Sean P. Dorsey I Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 MINUTES OF THE MOUNT PROSPECT TRANSPORTATION SAFETY COMMISSION DRAFT CALL TO ORDER Deputy Director Jason H. Leib The regular meeting of the Mount Prospect Transportation Safety Commission was called to order at 7:00 p.m. on Monday, December 8, 2014. II T\7WATAM Present upon roll call: John Keane Chairman Chuck Bencic Commissioner Robert Fisher Commissioner Justin Kuehlthau Commissioner Carol Tortarello Commissioner Bob Smith Police Department Representative Paul Bures Public Works Department Representative Matt Lawrie Traffic Engineer — Staff Liaison Absent: Aaron Grandgeorge Fire Department Representative Others in Attendance: see attached attendance sheet APPROVAL OF MINUTES Commissioner Bencic, seconded by Commissioner Tortorello, moved to approve the minutes of the regular meeting of the Transportation Safety Commission held on October 13, 2014. The minutes were approved by a vote of 5-0. Commissioner Fisher and Mr. Bures abstained. CITIZENS TO BE HEARD There was no one in attendance that spoke on an issue not on the agenda. TSC Meeting Page 1 of 5 December 8, 2014 OLD BUSINESS None NEW BUSINESS A. MILLERS LANE & CENTRAL ROAD TRAFFIC STUDY 1) Background Information The Millers Station Subdivision (Millers Lane and north end of Cathy Lane) was built in 1993. At the time, the now Central Community Center was an industrial building. Millers Lane was originally designed by the developer to permit right turns into the subdivision and right turns out of the subdivision. IDOT and the Village Engineering Division supported the design. Left turns in and left turns out of the neighborhood would be prohibited due to the limited visibility caused by the rise in Central Road west of Millers Lane. Motorists would have fu [I access to and from the neighborhood at Cathy Lane. The Planning & Zoning Commission approved the design at their 1993 hearing. However, residents to the west of the proposed development voiced their concerns to the Village Board and the trustees voted to only allow right turns into the subdivision at Millers Lane. Residents to the west were concerned that it would be difficult to access Central Road due to vehicles turning right from Millers Lane onto Central Road. In the late 1990's the Mount Prospect Park District renovated the industrial building at the northwest corner of Cathy Lane and Central Road to what is now the Central Community Center (CCC). The Park District petitioned IDOT to install a traffic signal system at the intersection but was denied because warrants were not met based on the Manual on Uniform Traffic Control Devices (MUTCD). During peak usage times at the CCC, the intersection can become congested with visitors as well as Millers Station Subdivision residents. In 2015, Millers Lane is scheduled to be resurfaced as part of the Village's annual resurfacing program. The Engineering Division has received requests over the years to increase access at the Millers Lane and Central Road intersection but there has never been a formal petition submitted to the Village. Knowing that improvements to the intersection could be included in the resurfacing program, it was the Engineering Division's decision to raise the issue and Seek the input of affected residents. IDOT was notified and the Village was told they would not object to constructing the intersection to its original design as long as all permitting requirements were met. Today, all residents of the Millers Station Subdivision must exit onto Central Road at Cathy Lane. Allowing right turns from Millers Lane onto Central Road should alleviate some of the congestion near the CCC. There would be an adequate sight line for motorists turning right from Millers Lane onto Central Road. Southbound traffic volume on Millers Lane will most likely increase but is expected to continue to be within a typical range for a residential street. As part of the study, surveys were sent to the residents on Millers Lane, Cathy Lane, and the two properties on Central Road immediately west of Millers Lane. A survey was also sent to the CCC. 23 of the 68 mailed surveys were returned (34%). 15 surveys support the proposal to allow right turns from Millers Lane onto Central Road. 7 surveys oppose the proposal and 1 survey was indifferent. TSC Meeting Page 2 of 5 December 8, 2014 The Engineering Division continues to support the original 1993 design that would permit right turns in and out of the Millers Station Subdivision at Millers Lane. While traffic volume on Millers Lane would slightly increase, it would alleviate some of the congestion seen at Cathy Lane and Central Road during peak usage at the CCC. In addition, the Engineering Division does not believe allowing right turns from Millers Lane onto Central Road will diminish safety for those properties to the west that directly front Central Road or for the neighborhood to the west. The Village has numerous similar situations of a mix of residential driveways and full access local streets along Central Road and other arterial streets that, while challenging, has not shown to be unsafe. Finally, from the resident survey, a majority of those that responded support the proposal to allow right turns from Millers Lane onto Central Road. Recommendation: Modify access at the intersection of Millers Lane and Central Road to permit right turns from southbound Millers Lane onto westbound Central Road, and continue to permit right turns from westbound Central Road onto northbound Millers Lane. 2) Discussion Chairman Keane introduced the item and asked Traffic Engineer Lawrie to present the Engineering Division's report. Traffic Engineer Lawrie provided the Commission with background information and summarized the recommendation. Commissioner Bencic asked how many vehicles travel on Cathy Lane in front of the Central Community Center (CCC) each day. Traffic Engineer Lawrie said traffic counts were gathered a few years ago and there were approximately 400 vehicles per day. Commissioner Bencic asked how many of those motorists were residents of the subdivision and how many were associated with the CCC. Traffic Engineer Lawrie did not have that information. Commissioner Bencic raised the potential concern of motorists leaving the CCC and traveling around to Millers Lane to exit anto Central Road. Commissioner Fisher asked if a 34% response rate was typical for traffic surveys. Traffic Engineer Lawrie responded the Village typically receives 25% to 40% of mailed traffic surveys. Commissioner Fisher asked if the Police Department was aware of the accident history in the area. Commander Smith responded there have been five recorded accidents in the past two years at the intersections of Central Road with nearby local streets. One was a single vehicle accident involving a drunk driver at 2:OOAM. The other four accidents involved turning vehicles from the local street. Overall, this stretch of Central Road is not considered a high accident area in the Village. With no further questions from the Commission, Chairman Keane opened the discussion to the public. Judy Kirman, 1042 W. Central Road, read a prepared statement of her concerns with the proposal to allow right turns from Millers Lane onto Central Road. Her driveway is directly on Central Road, approximately 200' west of Millers Lane. Ms. Kirman believes the request has been generated by the Park District with the intention of expanding their facility in the future. She is disappointed the residents of Centralwood Subdivision (west of Millers Lane) were not notified of the meeting. She believes they will be directly impacted as their only access out of the subdivision is via Central Road. Further, Ms. Kirman contends there have been numerous accidents during the past year at Lancaster Street and Central Road. She also expressed concern with speeders along Central Road and the many motorists who violate the signs on Millers Lane and exit onto Central Road. Finally, Ms. Kirman expressed her disappointment with the limited space to provide comments on the traffic survey and the Village's exclusion of comments if TSC Meeting Page 3 of 5 December 8, 2014 received after the deadline. Commissioner Fisher responded the traffic survey does not state that comments are to be limited to the lines provided and often residents provide lengthier comments. He said comments are compiled in the report and given to the Commission a week to 10 days before the meeting. Traffic Engineer Lawrie responded the proposal was not generated by the Park District but by the Engineering Division. Staff has received requests over the years to increase access at the intersection. And with the street slated to be resurfaced in 2015, it was the Engineering Division that has sought input from the neighborhood to see if there is support for the proposal. John and Pat McGlynn, 7 N. Lancaster Street, expressed concern with the number of motorists that routinely disobey the signs on Millers Lane and exit onto Central Road. They believe allowing right turns will make it more difficult for them to turn onto Central Road from Lancaster Street. Ms. Bonovich, 6 Millers Lane, asked the accident history at Central Road and Cathy Lane. Commander Smith's review did not cover that intersection. She asked if the directional median or "pork chop" would be a raised concrete median. Traffic Engineer Lawrie said IDOT would most likely require it and the Village would design it as so. Ms. Bonovich would like to see less congestion at Central Road and Cathy Lane but understands the concerns from those that live on Central Road. Finally, she asked if the directional median would be designed to accommodate fire trucks. Traffic Engineer Lawrie said it would. Ron Fack, 4 Millers Lane, shared how the narrowing of Millers Lane near Central Road has negatively affected snow plowing operations. He also shared how many motorists routinely disobey the signs on Millers Lane and exit onto Central Road. Others will turn around in his driveway and he is concerned for his parked vehicles. He also has witnessed large service trucks back down the street and sees it as a safety issue. Finally, Mr. Fack also acknowledged the congestion at Cathy Lane and Central Road, particularly on Saturdays. Lee Gleba, 1040 W. Central Road, has difficulty backing out of her driveway onto Central Road at all times of the day. She believes allowing right turns from Millers Lane onto Central Road will make it more difficult. Ms. Kirman reiterated her concern with motorists disobeying the signs on Millers Lane and exiting onto Central Road. There is not a STOP sign on Millers Lane at Central Road since it is one-way northbound. She would like to see motorists stop before turning onto Central Road. Commissioner Bencic asked if there would be a STOP sign installed on Millers Lane at Central Road with this proposal. Traffic Engineer Lawrie said yes. Commissioner Bencic pointed out that, theoretically, motorists would then be turning onto Central Road at a slow speed. He also said the same number of vehicles would still be turning right onto Central Road from the subdivision. More vehicles would turn from Millers Lane and less from Cathy Lane. Commissioner Bencic expressed again his original concern that visitors of the CCC may leave the parking lot and travel around to Millers Lane before turning right onto Central Road. He asked if the proposal can include signs in the Park District parking lot requiring motorists to turn right onto Cathy Lane. Traffic Engineer Lawrie said the Park District lot is not Village property and cannot require such signs. The Village can request the signs be installed by the Park District but cannot require it. The Village, however, can install a No Thru Traffic sign north of the parking lot TSC Meeting Page 4 of 5 December 8, 2014 to discourage traffic leaving the CCC from using Millers Lane. There was a brief discussion on the possibility of installing a traffic signal at Central Road and Cathy Lane. Traffic Engineer Lawrie explained the Park District explored this idea when they built the CCC but was denied by IDOT because it did not meet the warrants. In addition, Cathy Lane on the north and south sides of Central Road are offset which presents many challenges. Mr. McGlynn asked if a speed hump could be installed on Millers Lane at the proposed STOP sign at Central Road to slow traffic. Traffic Engineer Lawrie said no. Ms. Kirman expressed concern that her driveway is only 200' from Millers Lane and right turning vehicles from Millers Lane onto Central Road would make it more difficult for her to back out of her driveway. Commander Smith pointed out there are many driveways on Central Road close to Lancaster Street, Waverly Place, and Kenilworth Avenue today and there is not an accident history. He also stated that all three of these streets have full access to and from Central Road while the Millers Station Subdivision currently only has one street (Cathy Lane) to exit onto Central Road. Commissioner Tortorello mentioned that the Commission has reviewed many traffic issues in the Village concerning access. She reminded the Commission and the audience that Millers Lane is a public street and access should be provided to the safest extent as possible. Mr. Bures summarized and agreed with the thoughts of the Commission. He supports the proposal but sees the benefit in limiting traffic on Millers Lane as much possible. Commissioner Bencic made a recommendation to support the Engineering Division's proposal to modify access at the intersection of Millers Lane and Central Road to permit right turns from southbound Millers Lane onto westbound Central Road, and continue to permit right turns from westbound Central Road onto northbound Millers Lane. He further recommended the Village request the Park District to install signs prohibiting left turns from the CCC parking lot onto Cathy Lane and the Village install a No Thru Traffic sign north of the CCC. The motion was seconded by Commissioner Tortorello. The motion was approved by a vote of 7-0. COMMISSION ISSUES Traffic Engineer Lawrie thanked the Commission members for their commitment to the Village's efforts over the past year and on behalf of the Village Board of Trustees he presented a small gift to each of the members. ADJOURNMENT With no further business to discuss, the Transportation Safety Commission voted 7-0 to adjourn at 8:34 p.m. upon the motion of Commissioner Bencic. Mr. Bures seconded the motion. Respectfully submitted, Matthew P. Lawrie, P.E. Traffic Engineer h:\engineering\trafficjsafety commission`rets&minS\TSC-decl4min.docx TSC Meeting Page 5 of 5 December 8, 2014 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18, ‘TRAFFIC’ OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE : That Section 18.2002, “SCHEDULE II – “PROHIBITED TURNS,” of Chapter 18, “Traffic,” of the Village Code, as amended, is further amended by inserting the following: Direction of Prohibited “Name of Street Traffic Movement Turn Into (Name of the Street) Millers Lane Southbound Left Central Road” SECTION TWO : That Section 18.2004A, SCHEDULE IV, “STOP AND YIELD SIGNS,” of Chapter 18, “Traffic,” of the Village Code as amended is further amended by inserting the following: Direction of “Name of Street Traffic Movement At Intersection With Millers Lane Southbound Central Road.” SECTION THREE : That Section 18.2003, SCHEDULE III “One-Way Streets,” of Chapter 18, “Traffic,” of the Village Code, as amended, is further amended, by deleting the following: Direction of “Name of Street Traffic Movement Description Millers Lane Northbound between Central Road and driveway for 2 North Millers Lane.” SECTION FOUR : This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED and APPROVED this day of January, 2015 ________________________________ Arlene A. Juracek Mayor ATTEST: ___________________________________ M. Lisa Angell Village Clerk 1