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Home My WebLink About6. MANAGERS REPORT 10/4/05 LAW OFFICES KLEIN, THORPE A1'\TD JENKINS, LTD. TELEPHONE (312) 984-6400 FACSIMILE (312) 984-6444 FACSIMILE (312) 606-7077 LANCE C. MALINA MICHAEL A. MARRS THOMAS M. MELODY JANET N. PETSCHE DONALD E. RENNER, III SCOTT F. UHLER GEORGE A. WAGNER ALLEN WALL DENNIS G. WALSH JAMES G. WARGO BRUCE A. ZOLNA RINDA Y. ALLISON TERRENCE M. BARNICLE JAMES P. BARTLEY THOMAS P. BAYER GERARD E. DEMPSEY MICHAEL J. DUGGAN JAMES V. FEROLO E. KENNETH FRIKER BRIAN M. FUNK CYNTHIA S. GRANDFIELD KATHLEEN T. HENN EVERETTE M. HILL, JR. MICHAEL T. JURUSIK JACOB H. KARACA PATRICK A. LUCANSKY SUITE 1660 20 NORTH WACKER DRIVE CHICAGO, ILLINOIS 60606-2903 ORLAND P ARK OFFICE 15010 S. RA VlNIA AVE., SUITE 17 ORLAND PARK, IL 60462-3 I 62 TELEPHONE (708) 349-3888 FACSIMILE (708) 349-1506 OF COUNSEL JAMES A. RHODES RICHARD T. WIMMER WRITER'S DIRECT DIAL (312) 984-6420 WRITER'S E-MAIL emhill@ktjnet.com MEMORANDUM To: Michael E. Janonis, Village Manager Village of Mount Prospect From: Everette M. Hill, Jr. Subject: Proposed Settlement of Wireless Class Action Lawsuit PrimeCo v. ICC (IMF Litigation) Date: September 27,2005 As you know, the Village is a member of the Wireless Defendant Municipality Class (the "Defendant Class") in the above-captioned class action lawsuit. Pursuant to the Municipal Infrastructure Maintenance Fee Act (the "Municipal IMF"), Mount Prospect had imposed a telecommunications infrastructure maintenance fee on all wireless telephone service prior to February 8, 2002. Because the wireless providers did not maintain any part of their telecommunication infrastructure, other than switching stations, on or within the public way; the Illinois Supreme Court found the IMF unconstitutional as to the wireless providers (the IMF was found to be constitutional as to land line providers). The Court then appointed the Village of Skokie to represent the Defendant Class in conjunction with a Steering Committee to negotiate a repayment plan. In light of the risks, costs, and uncertainties of protracted litigation over repayment, the Committee is now recommending acceptance of a proposed settlement. The proposed settlement requires the Defendant Class members to pay into the settlement fund an amount equal to 80% (eighty percent) of the amounts collected for wireless telecommunications services from January 1, 1998, through February 7,2002 for PrimeColUS Cellular (the named plaintiff) and 70% (seventy percent) of such collection IManage 161670vl Mr. Michael Janonis September 27,2005 Page 2 for all other wireless providers. Counsel for the Defendant Class will recommend that the proceeds be applied in the following manner after deduction for certain class expenses: 60% (sixty percent) for hospitals, trauma centers and emergent care facilities and providers, primarily in rural areas. The class expenses basically include Plaintiff Class' attorneys' fees and expenses, an incentive award for the Class Representative (not to exceed $5,000), and reimbursement of expenses to the Village of Skokie (not to exceed $60,000). Counsel for the Defendant class will receive no remuneration under the settlement and the Village will not be subject to further contribution to the defense, since it previously contributed to the defense pursuant to an intergovernmental agreement. The Village may object to the proposed settlement on or before September 30, 2005 for providers other than PrimeColUS Cellular and November 1, 2005 for PrimeColUS Cellular. However, no action is necessary if the Village does not intend to object, as the failure to object will result in inclusion in the settlement. If the Village does not object and the Court approves the settlement, the Village must pay its settlement cost on or before January 27, 2006 for PrimeColUS Cellular and before December 19, 2005 for all others. It is the clear intent of the Court that these unconstitutional collections ultimately be repaid. Because of this and the possibility that some of the settlement funds may ultimately benefit the Village's emergency telecommunications system, we recommend that the Village approve the proposed settlement. If you have any questions, please contact me. iManage ] 61670 1 INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF FINANCE TO: DATE: SEPTEMBER 29, 2005 PRIMECO CLASS ACTION LAWSUIT - PROPOSED SETTLEMENT SUBJECT: Recently, the Village received word of a proposed settlement in the PrimeCo Infrastructure Maintenance Fee (IMF) class action lawsuit. The proposed settlement would require the Village to pay $266,473.20 to PrimeCo and other wireless phone service providers. The settlement amount is based on a percentage of the total fees collected by the Village during January 1, 1998 to February 7,2002. When the Village was first notified ofthe pending litigation, an escrow was established to track the IMF paid to the Village for the period in question. The accumulated escrow balance currently included as a liability in the General Fund is $404,880.58. Payment of the settlement would occur from the monies set aside in the IMF escrow. After paying the settlement amount there will be $136,407.38 remaining that can then be transferred to the General Fund fund balance. As you know, this fund balance has been significantly reduced over the past several years due to operating shortfalls and budget transfers. The transfer would give the fund balance a much-needed kick. If the Village Board approves the settlement, the Village must pay $239,857.70 to the other wireless providers by December 19, 2005 and $26,615.50 to PrimeCo by January 27,2006. The adjustment to the escrow fund will be made as of December 31,2005 so the remaining money can be reflected in the year ending fund balance. Please let me know if you have any questions. I will make arrangements for payment of the settlement if approved. Thanks. - /J ~ ,., .'. '2P// --"-<" /'/~. / ,,~/.' '''' -- --~ ,.,.-' ~ "t / DAVID O. ERB ~~ DIRECTOR OF FINANCE DOE/ 1:\Memos 2005\IMF Settlement Memo.doc Mount. Prospect Fire Department Interoffice Memo FROM: MICHAEL J. FIGOLAH, FIRE CHIEF TO: MICHAEL E. JANONIS, VILLAGE MANAGER DATE: SEPTEMBER 26, 2005 SUBJECT: MEDICAL EXAMINATIONS - REQUEST FOR PROPOSALS The Fire Department, in accordance with the National Fire Protection Association (NFPA) Standard 1582, requires each of our members who engage in fire suppression activities to undergo an annual medical exam. Full-time, paid-on-call and new-hire firefighters are required to be evaluated under this Standard. Three local medical facilities were solicited for RFP's to perform the exams. These three area medical facilities were chosen because of their location and experience administering exams to other fire departments. Location is important since the members perform the exams while on-duty. The proposal requested pricing for pre-employment, maintenance, and periodic exams. The following are brief descriptions of each of the three types of exams: Pre-employment Exam - given to all candidates after a conditional offer of employment, but before being hired. This exam includes: . Complete lab profile . 10-panel drug screen . 12 lead resting EKG . Spirometry (lung capacity) . Audiometry (hearing exam) . Graded exercise test . Chest X-ray . Back X-ray Maintenance Exam - given to all members annually that engage in fire suppression activities. This exam includes: . Lab profile . 12 lead resting EKG . Spirometry . Audiometry . Visual acuity Periodic Exam - this exam adds a graded exercise test (stress test) to the maintenance exam when the physician feels the employee is a candidate. M:\1 Archives\08 Augusl\MF-Physicals-Village Manager.doc TO: VILLAGE MANAGER SUBJECT: MEDICAL EXAMINATIONS PAGE 2 OF 2 Summary of Proposals Three medical facilities responded with proposals. The results are as follows: Type of exam Pre-employment Exam Periodic Exam Maintenance Exam Health Endeavors $725 $400 $245 Holy Family $995 $655 $399 Northwest Community $999 $553 $303 Recommendation I recommend awarding the contract to Health Endeavors out of Glenview, Illinois in an amount not to exceed $22,575. Doctor Fragen of Health Endeavors has been administering exams to the fire department for the past thirteen years with exceptional performance. Doctor Fragen is familiar with the medical requirements of firefighters and provides personalized exercise prescriptions and health profiles for each individual at no additional cost. Health Endeavors now has a mobile medical unit that will provide this service at our fire stations, thus eliminating the need to send employees our of town to a medical facility for these exams. BudQet Authorization There is $16,800 allocated in this year's budget on page 184 in account number 014201-520700 Medical Examinations for the full-time firefighter's and $5775 on page 192 in account number 014208-520700 Medical Examinations for the paid-on-call firefighter's. MF/jm Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: STREETS & BUILDINGS SUPERINTENDNENT ~b.~ IO/~ ~ TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: SEPTEMBER 26, 2005 SUBJECT: 2005/2006 ROAD SALT CONTRACT BACKGROUND We routinely purchase road salt for our winter snow and ice control efforts through the State of Illinois Joint Purchasing Program. It has been our experience that vendors supplying salt for this program have consistently maintained adequate stockpiles and offered acceptable delivery terms at competitive prices. This year, the state contract for road salt was awarded to the North American Salt Company, in Overland Park, KS. As in the past, deliveries are guaranteed not to exceed seven calendar days from time of order to actual delivery. The rate is $33.57 per ton, delivered - last years rate was $30.64 per ton. We anticipate that we will use approximately 4,000 tons of salt this winter. Below is a chart of salt costs, usage and total dollars expended for the past three years. Snow Season lOOT Supplier Cost/Ton Tons Purchased Total Expended 2002/2003 North American $31.96 4,137 $132,218.52 Salt 2003/2004 Morton Salt $29.89 3,980 $118,974.45 2004/2005 North American $30.64 3,778 $115,748.22 Salt 2005/2006 North American $33.57 Est. 4,000 tons Est. $134, 820.00 Salt X: \Div\Administration\STREETS\STSAL T2005 .6.doc 2004/2005 ROAD SALT CONTRACT September 26, 2005 Page 2 RECOMMENDATION It is my recommendation that the Village participate in the State of Illinois Joint Purchasing Program for road salt during the 2005/2006-winter season. Funding for this contract is available in the current budget and proposed 2006 budget. The total funds requested for the 2005/2006-winter season are $167,042. With your concurrence, please forward this to the Village Board for their approval. GJ~ EiS~ Paul Bures I concur with this recommendation ~ Glen R. Andler pb c: file X: \Div\Administration\STREETS\STSAL T2005. 6.doc MoumProSpcct Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: STREETS & BUILDINGS SUPERINTENDENT TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: SEPTEMBER 26, 2005 SUBJECT: FIRE STATION #13 - FLOOR SEALING PROPOSAL RESULTS ($23,210.20) BACKGROUND The concrete floor of the apparatus room and hose tower at Fire Station #13 at 112 E. North- west Highway is due for sealing to protect the concrete surface, thus extending the life expec- tancy of the floor. The Fire Department has requested that this floor be sealed using the same method that was used to seal the floor at Fire Station #12 at 1601 W. Golf Road. The floor at Fire Station #12 was sealed during the remodeling in 2003. The contractor used a red color sealant with grit to provide a nonskid surface. REQUEST FOR PROPOSALS Proposals were received on September 19, 2005 for the sealing of the apparatus floor including the hose tower floor at Fire Station #13. Proposals were solicited from two contractors that have successfully sealed concrete flooring at Public Works and at Fire Station #12. The results are as follows: Artlow Systems Concare, Inc. $23,210.20 $26,018.81 DISCUSSION Staff has reviewed the proposals and determined that they are both responsive and contain no math errors. Artlow Systems of Carol Stream, Illinois submitted the lowest-cost proposal. They installed the floor sealant for the Village of Mount Prospect at Fire Station #12 in 2003. Their performance was satisfactory, and they demonstrated sufficient ability and resources to complete the project in a timely manner. Staff also received a number of favorable comments about the quality of the flooring surface installed at Fire Station #12. I:\PBures\Usrdat\ WORD\SPECS\FIREST A 13FLOORSEALING .RES UL TSTOMGR.2005 .doc PAGE 2 FIRE STATION #13 - FLOOR SEALING PROPOSALS SEPTEMBER 26, 2005 RECOMMENDATION I recommend accepting the lowest proposal as submitted by Artlow Systems, Carol Stream, Illi- nois, for the sealing of the apparatus floor and hose tower floor at Fire Station #13 in the amount not to exceed $23,210.20. There is adequate funding available for this proposal in the current budget. ~ ~{A/te,O Paul Bures I concur with this recommendation: ~ Director of Public Works PB c: Director of Public Works Glen R. Andler Streets/Buildings Superintendent Paul C. Bures File 1:\PBures\Usrdat\ WORD\SPECS\FIREST A I 3FLOORSEALING. RESUL TSTOM GR.2005 .doc 2