HomeMy WebLinkAbout6. NEW BUSINESS 5/18/04
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05/11/04
ORDINANCE NO.
AN ORDINANCE PERTAINING TO A DETERMINATION OF
THE PREVAILING WAGE RATES
WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and
other works employed in any public works by the State, County, Village or any other public body or
any political subdivision or by an one under contract for public works," approved June 26, 1941, as
amended (820 IlCS 130/1); and
WHEREAS, the aforesaid Act requires that the Village of Mount Prospect of Cook County
investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics
and other workers in the locality of said Village of Mount Prospect employed in performing public
works projects for said Víliage of Mount Prospect.
BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILUNOIS:
SECTION ONE: To the extent as required by "An Act regulating wages of laborers, mechanics and
other workmen employed in any public works by the State, County, City or any public body or any
political subdivision 0 r anyone under contract for public works," approved June 26, 1 941, as
amended, the genera! prevailing rate of wages in this locality for laborers, mechanics and other
workers engaged in the construction of public works coming under the jurisdiction of the Viliage is
hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook
County areas as determined by the Department of Labor of the State of Hlinois as of June 1, 2003,
a copy of which wage rates are on file in the Office of the Village Clerk. The definition of any terms
appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said
Act.
SECTION TWO: Nothing herein contained shall be construed to apply said general prevailing rate
of wages as herein ascertain to any work or employment except public works construction of this
Village to the extent required by aforesaid act.
SECTION THREE: The Village Clerk shall publicly post or keep available for inspection by any
interested party in the main office of this Village this determination of such prevailing rate of wages.
SECTION FOUR: The Village Clerk shall mail a copy of this determination to any employer, and to
any association of employees and to any person or association of employees who have filed, or file
their names and addresses, requesting copies of any determination stating the particular rates and
the particular class of workers whose wages will be affect by such rates.
J)
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Prevailing Wage - 2004
SECTION FIVE: The Village Clerk shall promptly file a certified copy of this determination with both
the Secretary of State and the Department of labor of the State of illinois and shall further cause
to be published in a newspaper of general circulation within the Village, a copy of this determination
which shall constitute notice that the determination is effective and that this is the determination of
the President and Board of Trustees of the Village of Mount Prospect.
SECTION SIX: This Ordinance shall be in full force and effect from and atter its passage, approval
and pubíication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
. 2004.
ATTEST:
Gerald L Farley
Village President
Kimberly A Oewis
Deputy Village Clerk
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, Cook County Prevailing Wage for May 2004
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Cook County Prevailing Wage for May 2004
Trade Name RG TYP C Base FRMAN *M-F:>8 OSA OSH H/W Pensn Vac Trng
-------------------- -- --- = ------ ------ --- --- ----- ----- ----- -----
-------------------- ------ ------
ASBESTOS ABT-GEN ALL 29.000 29.750 1.5 1.5 2.0 4.170 3.380 0.000 0.170
ASBESTOS ABT-MEC BLD 23.300 24.800 1.5 1.5 2.0 3.640 5.520 0.000 0.000
BOILERMAKER BLD 35.600 38.800 2.0 2.0 2.0 4.550 5.690 0.000 0.210
BRICK MASON BLD 30.550 32.550 1.5 1.5 2.0 4.950 5.860 0.000 0.550
CARPENTER ALL 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
CEMENT MASON ALL 34.000 35.000 2.0 1.5 2.0 5.080 3.750 0.000 0.150
CERAMIC TILE FNSHER BLD 24.450 0.000 2.0 1.5 2.0 4.750 3.950 0.000 0.210
COMM. ELECT. BLD 29 . 940 32.340 1.5 1.5 2.0 5.100 5.240 0.000 0.700
ELECTRIC PWR EQMT OP ALL 33.000 38.450 1.5 1.5 2.0 5.570 7.770 0.000 0.170
ELECTRIC PWR GRNDMAN ALL 25.740 38.450 1.5 1.5 2.0 4.350 6.060 0.000 0.120
ELECTRIC PWR LINEMAN ALL 33.000 38.450 1.5 1.5 2.0 5.570 7.770 0.000 0.170
ELECTRICIAN ALL 33.650 36.150 1.5 1.5 2.0 7.450 5.980 0.000 0.750
ELEVATOR CONSTRUCTOR BLD 37.245 41.900 2.0 2.0 2.0 6.525 3.150 2.230 0.340
FENCE ERECTOR ALL 23.540 24.790 1.5 1.5 2.0 6.000 5.320 0.000 0.000
GLAZIER BLD 29.000 30.000 1.5 2.0 2.0 5.340 7.900 0.000 0.400
HT/FROST INSULATOR BLD 30.450 32.200 1.5 1.5 2.0 6.810 8.010 0.000 0.230
IRON WORKER ALL 32.580 34.080 2.0 2.0 2.0 6.000 9.660 0.000 0.270
LABORER ALL 29.000 29.750 1.5 1.5 2.0 4.170 3.380 0.000 0.170
LATHER BLD 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
MACHINIST BLD 33.230 34.980 2.0 2.0 2.0 3.200 3.600 2.290 0.000
MARBLE FINISHERS ALL 24.050 26.050 1.5 1.5 2.0 4.470 5.860 0.000 0.550
MARBLE MASON BLD 30.550 32.550 1.5 1.5 2.0 4.950 5.860 0.000 0.550
MILLWRIGHT ALL 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
OPERATING ENGINEER BLD 1 35.700 39.700 2.0 2.0 2.0 5.700 4.500 1.800 0.550
OPERATING ENGINEER BLD 2 34.400 39.700 2.0 2.0 2.0 5.700 4.500 1.800 0.550
OPERATING ENGINEER BLD 3 31.850 39.700 2.0 2.0 2.0 5.700 4.500 1.800 0.550
OPERATING ENGINEER BLD 4 30.100 39.700 2.0 2.0 2.0 5.700 4.500 1.BOO 0.550
OPERATING ENGINEER FLT 1 38.350 38.350 1.5 1.5 2.0 5.400 4.250 1.700 0.000
OPERATING ENGINEER FLT 2 36.850 38.350 1.5 1.5 2.0 5.400 4.250 1. 700 0.000
OPERATING ENGINEER FLT 3 32.800 38.350 1.5 1.5 2.0 5.400 4.250 1. 700 0.000
OPERATING ENGINEER FLT 4 27.300 38.350 1.5 1.5 2.0 5.400 4.250 1.700 0.000
OPERATING ENGINEER HWY 1 33.900 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
OPERATING ENGINEER HWY 2 33.350 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
OPERATING ENGINEER HWY 3 31. 300 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
OPERATING ENGINEER HWY 4 29.900 37.900 1.5 1.5 2.0 5.700 4.500 1. 800 0.550
OPERATING ENGINEER HWY 5 28.700 37.900 1.5 1.5 2.0 5.700 4.500 1.800 0.550
ORNAMNTL IRON WORKER ALL 30.850 32.600 2.0 2.0 2.0 6.000 9.490 0.000 0.750
PAINTER ALL 31. 350 35.260 1.5 1.5 1.5 4.700 4.400 0.000 0.340
PAINTER SIGNS BLD 25.530 28.660 1.5 1.5 1.5 2.600 2.040 0.000 0.000
PILEDRIVER ALL 33.320 34.820 1.5 1.5 2.0 4.930 4.140 0.000 0.440
PIPEFITTER BLD 34.000 36.000 1.5 1.5 2.0 5.720 5.350 0.000 0.000
PLASTERER BLD 29.990 30.990 1.5 1.5 2.0 4.500 5.450 0.000 0.400
PLUMBER BLD 36.000 38.000 1.5 1.5 2.0 5.100 3.040 0.000 0.390
ROOFER BLD 31.450 33.450 1.5 1.5 2.0 4.790 2.630 0.000 0.330
SHEETMETAL WORKER BLD 30.730 33.190 1.5 1.5 2.0 4.310 6.790 0.000 0.490
SIGN HANGER BLD 22.530 23.380 1.5 1.5 2.0 3.730 1.890 0.440 0.000
SPRINKLER FITTER BLD 33.700 35.500 2.0 2.0 2.0 6.600 5.000 0.000 0.450
STEEL ERECTOR ALL 32.580 34.080 2.0 2.0 2.0 6.000 9.660 0.000 0.270
STONE MASON BLD 30.550 32.550 1.5 1.5 2.0 4.950 5.860 0.000 0.550
TERRAZZO FINISHER BLD 25.140 0.000 2.0 1.5 2.0 5.450 4.630 0.000 0.200
TERRAZZO MASON BLD 29.050 30.550 2.0 1.5 2.0 5.450 5.550 0.000 0.160
TILE MASON BLD 29.850 31.850 2.0 1.5 2.0 4.750 4.750 0.000 0.430
TRAFFIC SAFETY WRKR HWY 22.050 23.550 1.5 1.5 2.0 2.478 1.800 O. 000 0.000
TRUCK DRIVER E ALL 1 26.900 27.550 1.5 1.5 2.0 4.200 3.200 0.000 0.000
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Cook County Prevailing Wage for May 2004
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TRUCK DRIVER E ALL 2 27.150 27.550 1.5 1.5 2.0 4.200 3.200 0.000 0.000
TRUCK DRIVER E ALL 3 27.350 27.550 1.5 1.5 2.0 4.200 3.200 0.000 0.000
TRUCK DRIVER E ALL 4 27.550 27.550 1.5 1.5 2.0 4.200 3.200 0.000 0.000
TRUCK DRIVER W ALL 1 27.500 28.050 1.5 1.5 2.0 4.200 3.100 0.000 0.000
TRUCK DRIVER W ALL 2 27.650 28.050 1.5 1.5 2.0 4.200 3.100 0.000 0.000
TRUCK DRIVER W ALL 3 27.850 28.050 1.5 1.5 2.0 4.200 3.100 0.000 0.000
TRUCK DRIVER W ALL 4 28.050 28.050 1.5 1.5 2.0 4.200 3.100 0.000 0.000
TUCKPOINTER BLD 32.200 33.200 1.5 1.5 2.0 3.760 5.590 0.000 0.580
Legend:
M-F>8 (Overtime is required for any hour greater than 8 worked
each day, Monday through Friday.
OSA (Overtime is required for every hour worked on Saturday)
OSH (Overtime is required for every hour worked on Sunday and Holidays)
H!W (Health & Welfare Insurance)
Pensn (Pension)
Vac (Vacation)
Trng (Training)
Explanations
COOK COUNTY
TRUCK DRIVERS (WEST) - That part of the county West of Barrington
Road.
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial/Decoration
Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day,
Christmas Day. Generally, any of these holidays which fall on a Sunday
is celebrated on the following Monday. This then makes work
performed on that Monday payable at the appropriate overtime rate for
holiday pay. Common practice in a given local may alter certain days
of celebration such as the day after Thanksgiving for Veterans Day.
If in doubt, please check with IDOL.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material from any place in a
building, including mechanical systems where those mechanical systems
are to be removed. This includes the removal of asbestos materials
from ductwork or pipes in a building when the building is to be
demolished at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical
systems, such as pipes, ducts, and boilers, where the mechanical
systems are to remain.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether
for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable
tiles, cement tiles, epoxy composite materials, pavers, glass,
mosaics, fiberglass, and all substitute materials, for tile made in
tile-like units; all mixtures in tile like form of cement, metals, and
other materials that are for and intended for use as a finished floor
surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished
interior or exterior. The mixing of all setting mortars including but
http://www.state.l1. us/agencylidollrates/ODDMO/COOK9999 .htm
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Cook County Prevailing Wage for May 2004
not limited to thin-set mortars, epoxies, wall mud, and any other sand
and cement mixtures or adhesives when used in the preparation,
installation, repair, or maintenance of tile and/or similar materials.
The handling and unloading of all sand, cement, lime, tile, fixtures,
equipment, adhesives, or any other materials to be used in the
preparation, installation, repair, or maintenance of tile and/or
similar materials. Ceramic Tile Finishers shall fill all joints and
voids regardless of method on all tile work, particularly and
especially after installation of said tile work. Application of any
and all protective coverings to all types of tile installations
including, but not be limited to, all soap compounds, paper products,
tapes, and all polyethylene coverings, plywood, masonite, cardboard,
and any new type of products that may be used to protect tile
installations, Blastrac equipment, and all floor scarifying equipment
used in preparing floors to receive tile. The clean up and removal of
all waste and materials. All demolition of existing tile floors and
walls to be re-tiled.
COMMUNICATIONS ELECTRICIAN - Installation, operation, inspection,
maintenance, repair and service of radio, television, recording, voice
sound vision production and reproduction, telephone and telephone
interconnect, facsimile, data apparatus, coaxial, fibre optic and
wireless equipment, appliances and systems used for the transmission
and reception of signals of any nature, business, domestic,
commercial, education, entertainment, and residential purposes,
including but not limited to, communication and telephone, electronic
and sound equipment, fibre optic and data communication systems, and
the performance of any task directly related to such installation or
service whether at new or existing sites, such tasks to include the
placing of wire and cable and electrical power conduit or other
raceway work within the equipment room and pulling wire and/or cable
through conduit and the installation of any incidental conduit, such
that the employees covered hereby can complete any job in full.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all
stone, sand, etc.), stocking of floors with material, performing all
rigging for heavy work, the handling of all mateiral that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters
cutting, use of tub saw or any other saw needed for preparation of
material, drilling of holes for wires that anchor material set by
setters, mixing up of molding plaster for installation of material,
mixing up thin set for the installation of material, mixing up of sand
to cement for the installatin of material and such other work as may
be required in helping a Marble Setter in the handling of all material
in the erection or installation of interior marble, slate, travertine,
art marble, serpentine, alberene stone, blue stone, granite and other
stones (meaning as to stone any foreign or domestic materials as are
specified and used in building interiors and experiors and customarily
known as stone in the trade), carrara, sanionyx, vitrolite and similar
opaque glass and the laying of all marble tile, terrazzo tile, slate
tile and precast tile, steps, risers treads, base, or any other
materials that may be used as substitutes for any of the
aforementioned materials and which are used on interior and experior
which sare installed in a similar manner.
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Cook County Prevailing Wage for May 2004
TER~~ZZO FINISHER
The handling of sand, cement, marble chips, and all other materials
that may be used by the Mosaic Terrazzo Mechanic, and the mixing,
grinding, grouting, cleaning and sealing of all Marble, Mosaic, and
Terrazzo work, floors, base, stairs, and wainscoting by hand or
machine, and in addition, assisting and aiding Marble, Masonic, and
Terrazzo Mechanics.
TRAFFIC SAFETY
Work associated with barricades, horses and drums used to reduce lane
usage on highway work, the installation and removal of temporary lane
markings, and the installation and removal of temporary road signs.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST
Class 1. Two or three Axle Trucks. A-frame Truck when used for
transportation purposes; Air Compressors and Welding Machines,
including those pulled by cars, pick-up trucks and tractors;
Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck
Washers; Carry-aIls; Fork Lifts and Hoisters; Helpers; Mechanics
Helpers and Greasers; Oil Distributors 2-man operation; Pavement
Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors;
Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation;
Slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled
dumpman; and Truck Drivers hauling warning lights, barricades, and
portable toilets on the job site.
Class 2. Four axle trucks; Dump Creta and Adgetors under 7 yards;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or
Turnatrailers when pulling other than self-loading equipment or
similar equipment under 16 cubic yards; Mixer Trucks under 7 yards;
Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or
turnapulls when pulling other than self-loading equipment or similar
equipment over 16 cubic yards; Explosives and/or Fission Material
Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit;
Oil Distributors, I-man operation; Pole Trailer, over 40 feet; Pole
and Expandable Trailers hauling material over 50 feet long; Slurry
trucks, I-man operation; Winch trucks, 3 axles or more;
Mechanic--Truck Welder and Truck Painter"
Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted
crane trucks with hoist and accessories; Foreman; Master Mechanic;
Self-loading equipment like P.B. and trucks with scoops on the front.
OPERATING ENGINEERS - BUILDING
Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde;
Backhoes with Caisson attachment; Batch Plant; Senate; Boiler and
Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back
Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete
Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver; Concrete
Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted);
Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and
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similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All;
Derricks, Traveling; Formless Curb and Gutter Machine; Grader,
Elevating; Grouting Machines; Highlift Shovels or Front Endloader
2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion
and similar machines; Hoists, one, two and three Drum; Hoists, Two
Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro
Vac (and similar equipment); Locomotives, All; Motor Patrol; Pile
Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump
Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised
and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn;
Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and
Side Boom; Trenching Machines.
Class 2. Bobcat (over 3/4 cu. yd.); Boilers; Brick Forklift; Broom,
All Power propelled; Bulldozers; Concrete Mixer (Two Bag and over);
Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift
Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic;
Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger Single Drum; Laser Screed; Rock Drill (self-propelled);
Rock Drill (truck mounted); Rollers, All; Steam Generators; Tractors,
All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination - Small Equipment Operator;
Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat
Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting,
and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Pumps, Well Points; welding Machines (2 through 5); Winches, 4
small Electric Drill Winches; Bobcat (up to and including 3/4 cu.
yd.) .
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick
Forklift .
OPERATING ENGINEERS - FLOATING
Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer
(hydraulic dredge).
Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer
(hydraulic dredge), leverman (hydraulic dredge), and diver tender.
Class 3. Deck equipment operator (machineryman), maintenance of crane
(over 50 ton capacity) or backhoe (96,000 pounds or more), tug/launch
operator, loader, dozer and like equipment on barge, breakwater wall,
slip/dock or scow, deck machinery, etc.
Class 4. Deck equipment operator (machineryman/fireman), (4 equipment
units or more) and crane maintenance 50 ton capacity and under or
backhoe weighing 96,000 pounds or less, assistant tug operator.
OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer
Combination; Asphalt Heater Scarfire; Asphalt Spreader;
AutograderjGOMACO or other similar type machines; ABG Paver; Backhoes
with Caisson attachment; Ballast Regulator; Belt Loader; Caisson
Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front
Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with
attachments); Concrete Breaker (Truck Mounted): Concrete Conveyor;
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Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube
Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco &
Machines of a like nature; Crete Crane; Crusher, Stone, etc.;
Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine
with Air Compressor; Dredges; Field Mechanic-Welder; Formless Curb and
Gutter Machine; Gradall and Machines of a like nature; Grader,
Elevating; Grader, Motor Grader, Motor Patrol, Auto patrol, Form
Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted;
Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with
shear attachments; Mucking Machine; Pile Drivers and Skid Rig;
Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid
Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver;
Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic
Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached
pusher - two engineers); Tractor with Boom; Tractaire with
Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom;
Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring
and/or Mining Machines,Wheel Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve,
Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front
Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with
attachments); Compressor and Throttle Valve; Compressor, Common
Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding
Machine; Concrete Mixer or Paver 78 Series to and including 27 cu.
ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine,
Belting Machine and Sealing Machine; Concrete Wheel Saw; conveyor
Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine -
Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist
- Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments);
Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Squeeze
Cretes-Screw Type Pumps, Gypsum Bulker and Pump, Roller, Asphalt;
Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops -
Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone,
etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size);
Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc,
Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender;
Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding,
etc.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep
Diggers; Pipe Jacking Machines; Post-Hole Digger; Power Saw,
Concrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed
and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with
"AU Frame; Work Boats; Tamper - Form-Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator;
Directional Boring Machine; Generators; Heaters, Mechanical;
Hydraulic Power Unit (Pile Driving, Extracting, or Drilling), Hydro-
Blaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not
to exceed a total of 300 ft.); Pumps, Well Points; Tractaire; Welding
Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 5.
Bobcats (all); Brick Forklifts, Oilers.
Other Classifications of Work:
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For definitions of classifications not otherwise set out, the
Department generally has on file such definitions which are
available. If a task to be performed is not subject to one of the
classifications of pay set out, the Department will upon being
contacted state which neighboring county has such a classification and
provide such rate, such rate being deemed to exist by reference in
this document. If no neighboring county rate applies to the task,
the Department shall undertake a special determination, such special
determination being then deemed to have existed under this
determination. If a project requires these, or any classification not
listed, please contact IDOL at 618/993-7271 for wage rates or
clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer,
operating engineer and truck driver. The work performed by landscape
plantsman and landscape laborer is covered by the existing
classification of laborer. The work performed by landscape operators
(regardless of equipment used or its size) is covered by the
classifications of operating engineer. The work performed by
landscape truck drivers (regardless of size of truck driven) is
covered by the classifications of truck driver.
htto:llwww .state.il. usí agency/idol/rates/OD D MOICOOK9999 .htm
Page 7 of ì
5/10/2004
-ad
5111/04
RESOLUTION NO.
A RESOLUTION REQUESTING CLOSURE OF A PORTION
OF CENTRAL ROAD IN ORDER TO CONDUCT A PARADE
WHEREAS, the Village of Mount Prospect desires to hold the annual Independence
Day Parade on a portion of Central Road and Elmhurst Road (Route 83) in the
Village of Mount Prospect on Friday, July 4,2004; and
WHEREAS, said parade will require closure ofthat portion of Central Road between
Northwest Highway and Busse Road, the curb lane of Westbound Central Road
between Busse Road and Arthur street, and Elmhurst Road (Route 83) between
Northwest Highway and Golf Road; and
WHEREAS, the State of Illinois requires that the Village assume all responsibility
and liability involved in the closure of said State roadways.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY,
ILLINOIS:
SECTION ONE: That the Village of Mount Prospect hereby requests the State of
Illinois, Highway Department, to close Central Road between Northwest Highway and
Busse Road, the westbound curb lane of Central Road between Busse Road and
Arthur Street, and Elmhurst Road (Route 83) between Northwest Highway and Golf
Road between the hours of 1 :00 P.M. and 3:00 P.M. in order to conduct the annual
July 4th Parade, a copy of which parade route and requested roadway closures is
attached hereto.
SECTION TWO: That the Village of Mount Prospect will assume full responsibility for
the direction, protection and regulation of traffic during the time the detour is in effect
and all liability for damages of any kind occasioned by the closure of the
aforementioned roadways.
SECTION THREE: That the Village of Mount Prospect will provide for efficient, all
weather detour signs, to be maintained, conspicuously marked and judiciously
patrolled by the Police Department for the benefit of traffic diverted as a result of the
street closure requested herein.
E
Street closure
Page 2/2
SECTiON FOUR: That this Resolution shaH be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
, .2004.
Gerald l. Farley
Mayor
ATTEST:
Kimberly A. Dewis
Deputy Village Clerk
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LAW OFFICES
KLEIN, THORPE AND JENKINS, LTD.
TELEPHONE (312) 984-6400
FACSIMILE (312) 984-6444
FACSIM]LE (312) 606-7077
PATRICKA. LUCANSKY
LANCE C. MALINA
MICHAEL A. MARRS
THOMAS M. MELODY
JANET N. PETSCHE
DONALD E. RENNER, III
SCOTT F. UHLER
GEORGE A. WAGNER
DENNIS G. WALSH
JAMES G. WARGO
BRUCE A. lOLNA
RrNDA Y. ALLISON
TERRENCE M. BARNICLE
JAMES P. BARTLEY
THOMAS P. BAYER
JENNIFER C. CHA VEl
GERARD E. DEMPSEY
MICHAEL J. DUGGAN
JAMES V. FEROLO
E. KENNETH FRIKER
ROBERT R. HALL, JR.
KATHLEEN 1. HENN
EVERETTE M. HILL, JR.
MICHAEL T. JURUSIK
JACOB H. KARACA
SUITE 1660
20 NORTH WACKER DRIVE
CHICAGO, ILLINOIS 60606-2903
ORLAND PARK OFFiCE
15010 S. RAYJNIA AVE., SUITE 17
ORLAND PARK, IL 60462-3162
TELEPHONE (708) 349.3888
FACSIMJLE(708) 349.1506
OF COUNSEL
JAMES A. RHODES
RICHARD T. WIMMER
MEMORANDUM
~,~~
5"\ ,~\O\
TO:
Michael Janonis, Village Manager
Village of Mount Prospect
fROM:
Everette M. Hill, Jr.
DATE:
May 14, 2004
RE:
State Officials and Employees Ethics Act
Pursuant to Public Acts 93-615 and 93-617 (now found at 51LCS 430/1-1 et
seq.), the Village is required to implement the provisions of the above-captioned
Act on or before May 19, 2004. As such, enclosed please find the following
Ordinance for adoption at the next Village Board meeting, which would bring the
Village into compliance with the Act:
AN ORDINANCE CREATING AMENDING THE MOUNT PROSPECT
CODE OF ORDINANCES, CHAPTER 8, ARTICLE I, SECTION 8.115
BY ADDING A NEW PARAGRAPH H IN ORDER TO ENACT THE
PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES
ETHICS ACT (5 ILCS 430/1-1 ET SEC.)
If you have any questions, please contact me.
¡Manage 1344691
F
ORDINANCE NO.
AN ORDINANCE IMPLEMENTING THE PROVISIONS OF THE ST ATE
OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430/1-1 ET SEQ.)
IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Illinois General Assembly has enacted the State Officials and Employees
Ethics Act, 5 ILCS 430/1-1 et seq., ("Act") which is a comprehensive revision of the State statutes
regulating ethical conduct, political activities and the solicitation and acceptance of gifts by State
officials and employees; and
WHEREAS, pursuant to Section 70-5 of the Act (5 ILCS 430170-5), aU units of local
government and school districts are required to adopt an ordinance or resolution regulating the
political activities of, and the solicitation and acceptance of gifts by, their respective officers and
employees, "in a manner no less restrictive" than the provisions of the Act, on or before May 19,
2004; and
WHEREAS, the City/Village desires to come into compliance with the provisions of the
Act;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, AS FOLLOWS:
SECTION 1: That Chapter 8 of the Mount Prospect Village Code is hereby amended by
adding a new paragraph H entitled "State Officials and Employees Ethics Act" to Section 8115
entitled "Conflicts of Interest", Article I "Officers, Employees" thereto which shall read in its
entirety as follows:
H.
STATE OFFICIALS AND EMPLOYEES ETHICS ACT
1. The regulations of Sections 5-15 (5 ILCS 430/5- 15) and Article 10 (5 ILCS
430110-10 through 1 0-40) of the State Officials and Employees Ethics Act, 5 ILCS
430/1-1 et seq., (hereinafter referred to as the "Act" in this Section) are hereby
adopted by reference and made applicable to the officers and employees of the
Village to the extent required by 5 ILCS 430170-5.
2. The solicitation or acceptance of gifts prohibited to be solicited or accepted under
the Act, by any officer or any employee ofthe Village, is hereby prohibited.
3. The offering or making of gifts prohibited to be offered or made to an officer or
employee ofehe Village under the Act, is hereby prohibited.
4. The participation in political activities prohibited under the Act, by any officer or
employee of the Village, is hereby prohibited.
5. For purposes of this Section, the tenus "officer" and "employee" shall be defined
as set forth in 5 ILCS 430/70-5(c).
6. The penalties for violations ofthis Section shall be the same as those penalties set
forth in 5 ILCS 430i50-5 for similar violations of the Act.
7. This Section does not repeal or otherwise amend or modify any existing
ordinances or policies which regulate the conduct of Village officers and employees.
To the extent that any such existing ordinances or policies are less restrictive than
this Section, however, the provisions of this Section shall prevail in accordance with
the provisions of 5 ILCS 430170-5(a).
8. Any amendment to the Act that becomes effective after the effective date of this
Section shall be incorporated into this Section by reference and shaH be applicable to
the solicitation, acceptance, offering and making of gifts and to prohibited political
activities. However, any amendment that makes its provisions optional for adoption
by municipalities shall not be incorporated into this Section by reference without
formal action by the corporate authorities of the Village.
9. If the Illinois Supreme Court declares the Act unconstitutional in its entirety, then
this Section shall be repealed as ofthe date that the Illinois Supreme Court's decision
becomes final and not subject to any further appeals or rehearings. This Section shall
be deemed repealed without further action by the Corporate Authorities ofthe Village
if the Act is found unconstitutional by the Illinois Supreme Court.
10. If the Il1inois Supreme Court declares part of the Act unconstitutional but
upholds the constitutionality of the remainder of the Act, or does not address the
remainder of the Act, then the remainder of the Act as adopted by this Section shall
remain in full force and effect; however, that part of this Section relating to the part
ofthe Act found unconstitutional shall be deemed repealed without further action by
the Corporate Authorities of the Village.
SECTION 2: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form as provided by law.
Passed this
day of
, pursuant to a roll call vote as foHows:
AYES:
NAYS:
ABSENT:
Approved by me this
day of
,2004.
Gerald L Farley, Village President
ATTEST:
Kimberly A. Dewis, Deputy Village Clerk
Published by me in pamphlet fonn this
day of
, 2004.
Kimberly A. Dewis
Deputy Village Clerk
INTEROFFICE MEMORANDUM
~
TREI> CiTY 1.&
Mount Prospect Public Works Department
SUBJECT:
MAY SAFETY COMMISSION MEETING
TO:
VILLAGE MANAGER MICHAEL E. JANONIS
FROM:
PROJECT ENGINEER
DATE:
MAY 13,2004
Over the past few months, Staff has received complaints ITom concerned residents about recent accidents
at the following intersections:
I-Oka Avenue & Evergreen Avenue
Prospect Manor Avenue & Memory Lane
Fairview Avenue & Henry Street
Staff inspected each of the intersections and gathered accident data from the Police Department. In light
of the accident history and existence of sight obstructions, Staff agreed to perform a traffic study once
spring arrived. Adhering to our current policy, Staff performed a study at aU three intersections in April
and presented the findings to the Safety Commission at their May meeting,
It is Staff's understanding that the Village Board wishes to discuss various traffic-related topics at a future
Committee-of-the-Whole Meeting. One ofthose topics we are considering is providing standardization to
traffic control devices at all intersections in the Village. Staff is in the beginning stages of putting
together a proposal in which an intersections in a neighborhood would be reviewed together using the
same guidelines rather than continuing to review a single intersection at the request of residents. A plan
would be created using current engineering guidelines that would serve the entire neighborhood and not
just focus on an individual intersection.
At this point, Staff is unsure of a timeframe to review the hundreds of intersections in the Village. Since
we had committed to perfonning these three studies and because of safety concerns raised by the
residents, Staff is presenting them to the Village Board for consideration now. Our recommendations to
the Safety Commission were based on current engineering guidelines and we believe are the appropriate
traffic control device for these intersections,
~r
Matthew P. Lawrie
cc: Village Clerk Velma Lowe
x: i,engineeringltrafficlsafecomm Irecs&min ImayO4rec. doc
Director
Glen R. Andler
Deputy Director
Sean P. Darsey
Village Engineer
Jeffrey A. Wulbecker
Solid Wzste Coordinator
M. Lisa Angell
Water/Sewer Superintendent
Roderick T. O'Donovan
Streets/Buildings Superintendent
Paul C. Bures
Forestry/Grounds Superintendent
Sandra M. Clark
Vehicle/Equipment Superintendent
James E. Guenlher
MOUNT PROSPECT PUBLIC WORKS DEPARTMENT
1 70a W. CENTRAL RCAD, MOUNT PROSPECT, ILLINOIS 6CHJ56-2229
PHONE 1347/870-5640 F'AX 847/253-9377 TOD 847/392-1235
MINUTES OF THE MOUNT PROSPECT
SAFETY COMMISSION
DRAFT
CALL TO ORDER
The Regular Meeting ofthe Mount Prospect Safety Commission was called to order at 7:05 p.m. on Monday,
May 10, 2004.
ROLL CALL
Present upon roll call:
Chuck Bencic
John Keane
Susan Arndt
Joan Bjork
Carol Tortorello
Mike Etemo
Paul Bures
Matt Lawrie
Absent:
Kevin Grouwinkel
Buz Livingston
Others in Attendance:
See attached list.
APPROVAL OF MINUTES
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Police Department
Public Works
Public Works/Engineering Division
Commissioner
Fire Department
Commissioner Keane, seconded by Commissioner Bjork, moved to approve the minutes ofthe regular meeting
of the Safety Commission held on December 8,2003. The minutes were approved bya vote of7-0.
CITIZENS TO BE HEARD
No citizens came forth to discuss any topics that were not on the current agenda.
OLD BUSINESS
None.
NEW BUSINESS
A)
TRAFFIC STUDY AT THE INTERSECTION OF I-OKA AVENUE & EVERGREEN AVENUE
1)
Background Information
The existing Yield signs on I-Oka Avenue at Evergreen Avenue were installed in 1974. Concerns
raised by residents regarding recent accidents have prompted Staff to review the issue.
2)
Staff Study
The Engineering Staff performed a traffic study. The findings are as follows:
a)
Accidents
A search oftbe accident reports indicated:
Year 1997 1998 1999 2000 2001 2002 2003 2004
Number of
Accidents 2 2 0 1 1 0 0
b) Speed Study
Representative speed surveys were performed at all four legs of the intersection between April
20lh and 23rd. The average and 85th percentile speeds are as follows:
Northbound I-Oka A venue
Southbound I-Oka Avenue
Eastbound Evergreen A venue
Westbound Evergreen A venue
average
23 mph
24 mph
24 mph
25 mph
8StR%
28 mph
29 mph
29 mph
29 mph
The speed limit on I-Oka Avenue and Evergreen Avenue is unposted and, therefore, 30mph
per the Illinois Vehicle Code. Based on the results, there doesn't appear to be an overall
speeding problem. However, the data did show some motorists did drive above the speed
limit as is evident on most residential streets.
c)
Traffic Volume
Traffic volume data was gathered between April 20th and 23m. Based on the results, there are
approximately 1450 vehicles per day that enter the intersection. 950 vehicles travel on
Evergreen A venue and 500 vehicles on I-Oka A venue. The peak hour of the day (typicaHy
5pm-6pm) experiences approximately 120 vehicles that enter the intersection.
d)
Existing Traffic Control Signs
Traffic control signs adjacent to the intersection are as follows:
I-Oka Avenue & Busse Avenue (north) - Yield signs on Busse
I-Oka Avenue & Milburn Avenue (south) - 4-way Stop signs
Elmhurst Avenue & Evergreen Avenue (east) - 2-way Stop signs on Evergreen
Hi-Lusi Avenue & Evergreen Avenue (west) - 2-way Stop signs on Hi-Lusi
e)
Sight Obstructions
Based on an inspection of the area, the southeast comer has a large evergreen tree and the
northeast comer has a couple of small evergreen trees close to the intersection. The lowest
branches are at ground level and, therefore, the trees would qualify per Village Code as a
sight obstruction for motorists (all 7 recorded accidents over the past few years involved a
northbound vehicle and westbound vehicle). Since this intersection cuITcntly has Yield signs
on I-Oka A venue, the safe approach speed on this street should be greater than 15mph. This
means as a vehicle is slowing down when it approaches the Yield sign, the motorist should
have sufficient visibility to not have to slow down to lower than 15mph in order to decide
whether he/she can proceed or needs to stop for cross traffic. If the safe approach speed is
lower than 15mph, Stop signs should be considered. The evergreen tree limits the visibility
for a northbound motorist such that the vehicle must travel less than 15mph in order to make a
safe decision.
In September 2001, a letter was sent to the homeowner requesting trimming of the tree as a
result of complaints by residents. Since the tree is on private property, the Village cannot
require any action. The homeowner chose to not have the tree trimmed and, therefore, Staff
decided to review the signage at the intersection.
3)
Recommendations
4-Way Stop Signs
4-way Stop signs are normally waITanted at intersections where there is a significant amount of
vehicles and pedestrians, many accidents, or severely restricted view. They are typically placed at the
intersection of two collector streets or two minor arterial streets. I-aka A venue and Evergreen A venue
are classified as local streets.
The peak hour of the day experiences approximately 120 vehicles entering the intersection. In order to
meet the criterion according to the Manual on Uniform Traffic Control Devices, the volume entering
the intersection from the major street approaches (total of both approaches) is to average 300 vehicles
per hour for any 8 hours of the day and 200 vehicles per hour for the same 8 hours from the minor
street approaches. Therefore, it does not meet the volume criterion.
There have been 7 recorded accidents over the past 7 years. In order to meet the criterion for a
multiway stop sign installation according to the Manual on Uniform Traffic Control Devices, there is
to be 5 accidents in a l2-month period. Therefore, it does not meet the accident criterion.
Based on an inspection ofthe intersection, the southeast and northeast comers have landscaping that
appears to limit the visibility for motorists to see vehicles on the cross street. Vv'hile the trees are
considered a sight obstruction per the Village Code regulations, Staff would not qualify the
intersection as having a "severely restricted view" where it would necessitate motorists to have to stop
in aU four directions.
Based on the data collected in the traffic study, Staff does not believe 4-way Stop signs are appropriate
at this intersection.
2-Way Stop Signs
2-way Stop signs are nonnaHy wammted at intersections where the criteria for a 4-way Stop sign
instaHation is not met but where a fun stop is necessary at an times on one street in order to clarify the
right-of-way. 2-way Stop signs are typically installed on the minor street which, in this case, would be
I-aka Avenue. As stated above, there is an evergreen tree located near the southeast comer of the
intersection. When considering 2-way Stop or Yield signs, typical engineering practice is to detennine
the safe approach speed forthe direction to be controlled. Ifa motorist must slow down to lower than
15mph when approaching an intersection because of a sight obstruction, 8top signs should be
considered rather than Yield signs. Else, an uncontrolled intersection or Yield signs should be
considered.
For this case, the evergreen tree faUs within the area that is to be iÌ'ee of any sight obstructions for an
eastbound motorist traveling at 15mph. Either the sight obstruction must be removed or 2-way Stop
signs should be considered. The accident history shows that this tree was probably a contributing
factor aU of the recorded accidents over the past seven years.
Since the sight obstruction remains after an attempt to have the tree trimmed and the safe approach
speed for northbound motorists is less than 15mph, Staff believes 2-way Stop signs would be a more
appropriate control than Yield signs. Also, when the average daily volume exceeds approximately
1500 vehicles, Yield signs may not be the most effective traffic control strategy.
Based on the traffic study performed by Staff,
The Village Traffic Engineer recommends:
removal of Yield signs on I-Oka Avenue at Evergreen Avenue
and
install Stop signs on I-Oka A venue at Evergreen A venue.
4)
Discussion
Chainnan Bencic opened up the discussion to the audience. Ms. Lynda McGarry, 120 S. I-Oka
A venue, and Ms. Christine. Eyles, 121 8. I-Dka Avenue, both expressed concern with recent accidents
at this intersection and would like to see Stop signs installed.
Chairman Bencic asked the Commission if there were any questions from the Commission. There
were none.
Chairman Bencie asked that Traffic Engineer Lawrie provide a brief overview of Staff's report to the
Commission.. Traffic Engineer Lawrie explained the results of the study and Staff's recommendation
to instaB Stop signs on I-Oka Avenue.
Commissioner Keane, seconded by Commissioner Tortorello, moved to approve the recommendations
of the ViHage Traffic Engineer and approve Stop. signs on ¡-Oka A venue at Evergreen A venue.
The motion was approved by a vote of 7-0.
B)
TRAFFIC STUDY AT THE INTERSECTION OF PROSPECT MANOR A VENUE & MEMORY
LANE
1)
Background Information
The existing Yield signs on Memory Lane at Prospect Manor Avenue were installed in 1983.
Concerns raised by residents regarding recent accidents have prompted Staff to review the issue.
2)
Staff Study
The Engineering Staff perfonned a traffic study. The findings are as follows:
a)
Accidents
A search of the accident reports indicated:
Year 1999 2000 2001 2002 2003 2004
(April)
Number of
Accidents 0 2 0 0 2 0
b) Speed Study
Representative speed surveys were performed at aU four legs of the intersection between April
13th and 16th. The average and 85th percentile speeds are as follows:
Northbound Prospect Manor Avenue
Southbound Prospect Manor Avenue
Eastbound Memory Lane
Westbound Memory Lane
average
27 mph
28 mph
23 mph
25 mph
85th %
32 mph
33 mph
27 mph
30 mph
The speed limit on Prospect Manor Avenue and Memory Lane is 25mph. Based on the
results, there doesn't appear to be an overall speeding problem. However, the data did show
some motorists did drive above the speed limit, particularly on Prospect Manor A venue, as is
evident on most residential streets.
c)
Traffic Volume
Traffic volume data was gathered between April 131h and 16th. Based on the results, there are
approximately 1150 vehicles per day that enter the intersection. 775 vehicles travel on
Prospect Manor Avenue and 375 vehicles on Memory Lane. The peak hour of the day
(typically 3pm-4pm) experiences approximately 120 vehicles that enter the intersection.
d)
Existing Traffic Control Signs
Traffic control signs adjacent to the intersection are as follows:
Prospect Manor A venue & Highland Street (north) - 4-way Stop signs
Prospect Manor Avenue & Gregory Street (south) - 2-way Stop signs on Prospect Manor
Eastwood Avenue & Memory Lane (east) - Yield signs on Eastwood
Fairview Avenue & Memory Lane (west) - 2-way Stop signs on Memory
e)
Sight Obstructions
Based on an inspection of the area, the southwest comer has landscaping (evergreen trees)
dose to the intersection. The lowest branches are at ground level and, therefore. the trees
would qualify per ViBage Code as a sight obstruction for motorists (3 of the 4 accidents
involved a southbound vehicle and westbound vehicle). Since.this intersection currently has
Yie1dsigns on Memory Lane~ the safe approach speed on this street should be greater than
15mph. This means as a vehicle is. slowing down when it approaches the Yield sign, the
motorist should have sufficient visibility to not have to slow down to lower than 15mph in
order to decide whether he/she can proceed or needs to stop for cross traffic. If the safe
approach speed is lower than 15mph, Stop signs should be considered. The evergreen tree
limits the visibility for an eastbound motorist such that the vehicle must travel less than
l5mph in order to make a safe decision.
In January 2000 and June 2003, letters were sent to the homeowner.requesting trimming of
the tree as a result of complaints by residents. Since the tree is on private property, the
ViHage cannot require any action. Attempts to have the tree trimmed have been unsuccessful,
therefore, Staff decided to review the signage at the intersection.
3}
Recommendations
4-Way Stop Signs
4-way Stop signs are nonnally warranted at intersections where there is a significant amount of
vehicles and pedestrians, many accidents, or severely restricted view. They are typical1y placed at the
intersection of two collector streets or two minor arterial streets. Prospect Manor A venue and Memory
Lane are classified as local streets.
The peak hour of the day experiences approximately 120 vehicles entering theinìersection. In order to
meet the criterion according. to the Manual on Unifonn Traffic Control Devices, the volume entering
the intersection ITom the major street approaches (total of both approaches) is to average 300 vehicles
per hour for any. 8 hours of the. day and 200 vehicles per hour for the same 8 hours from the minor
street approaches. Therefore, it does not meet the volume criterion.
There have been 4 recorded accidents over the past 4 years. In order to meet the criterion for a
muitiway stop sign installation according to the Manual on Unifonn Traffic Control Devices, there is
to be 5 accidents in a 12-month period. Therefore, it does not meet the accident criterion.
Based on an inspection of the intersection, only the southwest comer has landscaping that appears to
limit the visibility for motorists to see vehicles on the cross street. While the landscaping is considered
a sight obstruction per the Village Code regulations, Staff would not qualify the intersection as having
a "severely restricted view" where it would necessitate motorists to have to stop in aU four directions.
Based on the data collected in the traffic study, Staff does not believe 4~way Stop signs are appropriate
at this intersection.
2-Way Stop Signs
2-way Stop signs are normallywarrantedatintersections where the criteria fora 4-way Stop sign
instal1ation is not met but where a full stop is necessary at all times on one street in order to clarify the
right-of-way. 2-way Stop signsaretypicaHy installed on the minor street which, in this case, would be
Memory Lane. As stated above, there. are evergreen trees located near the southwest corner of the
intersection. Whenconsidering2-way Stop orYieldsigns, typical engineering practice is to determine
the safe approach speed for the direction to becontroHed.lf a motorist must slow down to lower than
l5mph when approaching an intersection because of a sight obstruction, Stop signs should be
considered rather than Yield signs. Else, an uncontrolled intersection or Yield signs should be
considered.
For this case, the evergreen trees fall within the area that is to be free of any sight obstructions for an
eastbound motorist traveling at 15mph. Either the sight obstruction must be removed or 2-way Stop
signs should be considered. The accident history shows that this tree was probably a contributing
factor to three accidents over the past four years.
Since the sight obstruction remains after two attempts to have the tree trimmed and the safe approach
speed for eastbound motorists is less than 15mph, Staff believes 2-way Stop signs would be a more
appropriate control than Yield signs.
Based on the traffic study performed by Staff,
The Village Traffic Engineer recommends:
removal ofVield signs on Memory Lane at Prospect Manor Avenue
and
install Stop signs on Memory Lane at Prospect Manor Avenue,
4)
Discussion
There was no one in the audience to speak on this issue.
Chairman Bendc asked that Traffic Engineer Lawrie provide a brief overview of Staff s report to the
Commission. Traffic Engineer Lawrie explained the results ofthe study and Staffs recommendation
to install Stop signs on Memory Lane.
Commissioner Tortorello asked if the homeowner had been asked to trim the trees to remove the sight
obstruction. Traffic Engineer Lawrie said that two previous letters had been sent to the homeowner
but that he has chosen to not trim the evergreen trees.
Commissioner Tortorello, seconded by Commissioner Keane, moved to approve the recommendations
of the Village Traffic Engineer and approve Stop signs on Memory Lane at Prospect Manor Avenue.
The motion was approved by a vote of 7-0.
C)
TRAFFIC STUDY AT THE INTERSECTION OF FAIR VIEW A VENUE & HENRY STREET
1)
Background Info.rmation
The existing Yield signs on Fairview Avenue at Henry Street were installed in 1987, Previo.us to. this
the Yield signs were o.n Henry Street. Co.ncerns raised by residents regarding recent accidents have
prompted Staff to. review the issue.
2)
Staff Study
The Engineering Staff performed a traffic study. The findings are as fcllows:
a)
Accidents
A search of the accident reports indicated:
Year 1999 2000 2001 2002 2003 2004
(April)
Number of
Accidents 3 3 2 0 2
b) Speed Study
Representative speed surveys were performed at all faur legs of the intersection between April
6th and 9th. The average and 85th percentile speeds are as follows:
Narthbound Fairview A venue
Southbound Fairview Avenue
Eastbaund Henry Street
Westbaund Henry Street
average
20 mph
28 mph
21 mph
22 mph
851"%
24 mph
3J mph
25 mph
26 mph
The speed limit on Fairview A venue and Henry Street is 25mph. Based on the results, there
doesn't appear to. be an averall speeding problem. Hawever, the data .did show some
mato.rists did drive abeve the speed limit, particularly sauthbaund Fairview A venue traffic, as
is evident an most residential streets.
c)
Traffic Velume
Traffic velume data was gathered between April 6th and 9th. Based on the results, there are
appraximately 1950 vehicles per day that enter the intersection. 1250 vehicies travel on
Fairview Avenue and 700 vehicles an Henry Street. The peak heur of the day (typically 7am-
8am) experiences approximately 200 vehicles that enter the intersectian.
d)
Existing Traffic Contro.l Signs
Traffic cantrel signs adjacent to. the intersection are as fo.Haws:
Fairview Avenue & Thayer Street (north) - Yield signs en Thayer
Fairview Avenue & Northwest Highway (so.uth) - Stap sign o.n Fairview
Prospect Manor Avenue & Henry Street (east) - 4-way Stap signs
Fo.rest Avenue & Henry Street (west) - Step sign o.n Henry
e)
Sight Obstructions
Based on an inspection ofthe area, the northwest comer has landscaping (bush) close to the
intersection and a couple of evergreen trees located near the house. The bush is taller than
three feet and, therefore, would qualify per ViUage Code as a sight obstruction for motorists.
The combination of the bush and evergreen trees provides a small window for motorists on
southbound Fairview Avenue to see eastbound vehicles (4 of the 11 accidents involved a
southbound vehicle and eastbound vehicle). Since this intersection currently has Yield signs
on Fairview Avenue, the safe approach speed on this street should be greater than 15mph.
This means as a vehicle is slowing down when it approaches the Yield sign, the motorist
should have sufficient visibility to not have to slow down to lower than 15mph in order to
decide whether he/she can proceed or needs to stop for cross traffic. If the safe approach
speed is lower than 15mph, Stop signs should be considered. The attached map shows that
the bush limits the visibility for a southbound motorist such that the vehicle must travel less
than 15mph in order to make a safe decision.
3)
Recommendations
4-Way Stop Sil!Ils
4-way Stop signs are normally warranted at intersections where there is a significant amount of
vehicles and pedestrians, many accidents, or severely restricted view. They are typically placed at the
intersection of two collector streets or two minor arterial streets. Fairview Avenue and Henry Street
are classified as local streets.
The peak hour of the day experiences approximately 200 vehicles entering the intersection. In order to
meet the criterion according to the Manual on Uniform Traffic Control Devices, the volume entering
the intersection from the major street approaches (total of both approaches) is to average 300 vehicles
per hour for any 8 hours of the day and 200 vehicles per hour for the same 8 hours from the minor
street approaches. Therefore, it does not meet the volume criterion.
There have been 11 recorded accidents over the past 5 years. In order to meet the criterion for a
multi way stop sign installation according to the Manual on Uniform Traffic Control Devices, there is
to be 5 accidents in a 12-month period. Between September 1999 and September 2000 there were 5
accidents. While the criterion has been met, Staff believes a significant factor to the accidents is a
high rate of disobedience of the Yield signs since they are placed on the major street (Fairview
Avenue) rather than the minor street (Henry Street).
Based on an inspection ofthe intersection, only the northwest comer has landscaping that appears to
limit the visibility for motorists to see vehicles on the cross street. While the landscaping is considered
a sight obstruction per the Village Code regulations, Staff would not qualify the intersection as having
a "severely restricted view" where it would necessitate motorists to have to stop in all four directions.
Based on the data conected in the traffic study, Staff does not believe 4-way Stop signs are appropriate
at this intersection.
2-Way Stop Signs
2-way Stop signs are nonnally waITanted at intersections where the criteria for a 4-way Stop sign
installation is not met but where a full stop is necessary at all times on one street in order to clarify the
right-of-way. 2-way Stop signs are typically installed on the minor street which, in this case. would be
Henry Street. As stated above, there is landscaping at the northwest corner of the intersection. When
considering 2-way Stop or Yield signs, typical engineering practice is to determine the safe approach
speed for the direction to be controlled. If a motorist must slow down to lower than 15rnph when
approaching an intersection because of a sight obstruction, Stop signs should be considered rather than
Yield signs. Else, an uncontrolled intersection or Yield signs should be considered.
For this case, the bush falls within the area that is to be free of any sight obstructions for an eastbound
motorist traveling at 15mph. Either the sight obstruction must be removed or 2-way Stop signs should
be considered. The accident history shows that the landscaping may have .been a contributing factor to
some of the accidents.
The Engineering Staffc.ould work with .the homeowner to trim or remove. the bush that is considered a
sight obstruction. While this may have an affect on improving the sight distance for motorists, Staff
believes the more significant factors in this case are the number of daily vehicles entering the
intersection and the accident history. When the average daily volume exceeds approximately 1500
vehicles, Yield signs may not be the most effective traffic control strategy. With an average of over
two recorded accidents per year .over the past five years, this appears to be the. .case. Staff believes 2-
way Stop signs would be a more appropriate control than Yield signs given the daily volume and
accident history,
According to the Village Board MinutesITom October 6, 1987, it appears the Yield signs were
relocated ITom Henry Street onto Fairview Avenue to control speeding. Stop and Yield signs are no
longer considered an effective way to control a speeding problem but rather should be.used to clarify
the right-of-way when the normal right-of-way rule is not operating satisfactorily. To improve safety
for motorists entering the intersection, the traffic control devices (Stop or Yield. signs) should be
placed on the minor street. To address a speeding concern, assistance from the Police Department to
enforce the speed limitwould be a more appropriate approach.
Based on the traffic study performed by Staff,
The Village Traffic Engineer recommends:
removal .of Yield signs on Fairview Avenue at Henry Street
and
install Stop signs on Henry Street at Fairview Avenue.
4)
Discussion
Chairman Bencic opened up the discussion to the audience. Mr. Steve Gajewski, 103 N. Fairview
A venue, shared.. that last. month he was a pedestrian crossing Henry Street and was struck by a
westbound car. He is infavorofStop signs at the intersection because many cars drive at an excessive
speed through the intersection.
Chairman Bencic. asked the Commission if there were any questions from the Commission. There
were none,
Chainnan Bencic asked that Traffic Engineer Lawrie provide a brief overview ofStaff'.s report to the
Commission. Traffic Engineer Lawrie explained the results of the study and Staff's recommendation
to install Stop signs on Henry Street.
Officer Eterno asked the resident ifthere was a particular time of the day where the speeding was more
prevalent. The resident said 7-9am and 4-6pm was the most common. Officer Bemo. stated the
Police Department would be willing to use the Radar Trailer and patrol officers to address the
speeding concern.
Mr. Gajewski asked ifcrosswalks would be painted atthe intersection. Traffic Engineer Lawrie said
the Village policy is to instan crosswalks near parks, schools and the downtown area where there is a
high concentration .of pedestrians .
Commissioner Keane and Chairman Bencic commented that they would prefer to see the Stop signs
installed on Fairview Avenue. If the Stop signs were installed on Henry Street, there would be five
consecutive blocks where cars on Henry Street would be stopped. Also, there was a concern with
drivers having to adjust to signs on the opposite street.
There was further discussion on the appropriate street to install the signs. Traffic Engineer Lawrie
coffi.rnented that because the volume on Fairview A venue was two times higher than on Henry Street,
typical practice is to install signs on the minor street. Also, as observed by Staff and even Mr.
Gajewski, many drivers do not obey the cutTent signs on Fairview A venue.
Officer Eterno commented that he believed Stop signs on Fairview A venue would be more appropriate
to avoid consecutive Stop signs on Henry Street
There was some discussion about Staff developing a program to review traffic control devices at all
intersections in the Village. This may be a future Committee-or-the Whole item.
Commissioner Tortorello, seconded by Commissioner Keane, moved to go agmnst the
recommendations of the Village Traffic Engineer and approve Stop signs on Fairview Avenue at
Henry Street.
The motion was approved by a vote of 7-0.
COMMISSION ISSUES
Commissioner Tortorello asked that Staff investigate a sight obstruction at the northeast comer ofWa-Pella
A venue and Lincoln Street.
No other Safety Commission items were brought forth at this time.
ADJOURNMENT
With no further business to discuss, the Safety Commission voted 7-0 to adjourn at 7:55 p.m. upon the motion
of Commissioner Tortorello. Commission Keane seconded the motion.
Respectful1y submitted,
/ .40) ~
~~~
Matthew P. Lawrie, P.E.
Traffic Engineer
x: \en gineerin g\traffi c \safecomm Irecs& min \may04 min. doc
. ".'.~.'.'.'.'m.~w,="""~,~,,,','m~
INTEROFFICE MEMORANDUM
@).
TRl!E an' 11M
Mount Prospect Public Works Department
TO:
VILLAGE MANAGER MICHAEL E. JANONIS
~þ~ fJ\~
'5/1 'ð eit
FROM:
PROJECT ENGINEER
SUBJECT:
MAY SAFETY COMMISSION MEETING
TRAFFIC STUDY AT THE INTERSECTION OF I-OKA AVENUE &
EVERGREEN AVENUE
DATE:
MAY 13,2004
The Safety Commission transmits their recommendation to
approve Stop signs on I-Oka Avenue at Evergreen Avenue.
Yield signs on I-Oka Avenue at Evergreen Avenue have been in-place since 1974. Concerns raised by
residents and the accident history prompted Staff to review the effectiveness of the existing traffic control
devices at this intersection.
In April 2004, Staff performed a traffic study of the intersection. Results show there have been seven
recorded accidents at the intersection over the past seven years. All seven accidents involved a
northbound vehicle and westbound vehicle. There are approximately 1450 vehicles per day (950 on
Evergreen Avenue and 500 on I-Oka Avenue) that enter the intersection. Average recorded speeds along
both streets ranged iÌ"om 23-25mph. Finally, there is a private property evergreen tree at the southeast
comer of the intersection that is a sight obstruction for motorists. Staff, in the past, has requested the
homeowner to trim the tree but no action has been taken.
This issue was discussed at the May 10,2004 Safety Commission Meeting. There were four residents in
the audience to speak on this issue. Given the accident history and severity of the sight obstruction for
motorists, the Safety Commission determined Stop signs would be a more appropriate traffic control for
the intersection.
By a vote of 7-0, the Safety Commission recommends to remove the existing Yield
signs (Section 18.2004B of the Village Code) for northbound and southbound I-Oka
Avenue at Evergreen Avenue and replace them with Stop signs (Section 18.2004A of
the Village Code).
Please include this item on the May ISlh Village Board Meeting Agenda. Enclosed are the
Commission Minutes from the meeting as weB as a location map for your reference.
~~'
Safety
Matthew P. Lawrie
cc: Village Clerk Velma Lowe
x: lengineeringltrafficisafecomm \recs&min\mayO4rec l.doe
[-aKA AV£NU£ AND EVERGREEN AV£NU£ TRAFFIC STUDY
VILLAGE OF MOI'l\T PROSPECT
'MOtiNT PROSPECT, ILLINOIS
NDRTHJDUND I-DKA AVE LOOKING EAST ALONG EVERGREEN AVE
STOP SIGNS RECOMMENDED
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INTEROFFICE MEMORANDUM
@)
TRl!1E CITY IJS..\
Mount Prospect Public Works Department
DATE:
MAY 13, 2004
TO:
VILLAGE MANAGER MICHAEL E. JANONIS
FROM:
PROJECT ENGINEER
SUBJECT:
MAY SAFETY COMMISSION MEETING
TRAFFIC STUDY AT THE INTERSECTION OF PROSPECT MANOR AVENU
& MEMORY LANE
The Safety Commission transmits their recommendation to
approve Stop signs on Memory Lane at Prospect Manor Avenue.
Yield signs on Memory Lane at Prospect Manor Avenue have been in-place since 1983. Concerns raised
by residents and the accident history prompted Staff to review the effectiveness of the existing traffic
control devices at this intersection.
In April 2004, Staff performed a traffic study of the intersection. Results show there have been four
recorded accidents at the intersection over the past four years. Three of the four accidents involved a
northbound vehicle and eastbound vehicle. There are approximately 1150 vehicles per day (775 on
Prospect Manor Avenue and 375 on Memory Lane) that enter the intersection. Average recorded speeds
along both streets ranged from 23-28mph. Finally, there are two private property evergreen trees at the
southwest comer of the intersection that are sight obstructions for motorists. Staff, in the past, has
requested the homeowner to trim the trees but no action has been taken.
This issue was discussed at the May 10, 2004 Safety Commission Meeting. There weren't any residents
in the audience to speak on this issue. Given the accident history and severity of the sight obstruction for
motorists, the Safety Commission determined Stop signs would be a more appropriate traffic control for
the intersection.
By a vote of 7-0, the Safety Commission recommends to remove the existing Yield
signs (Section 18.2004B of the Village Code) for eastbound and westbound Memory
Lane at Prospect Manor Avenue and replace them with Stop signs (Section
18.2004A of the Village Code).
Please include this item on the May 18th ViBage Board Meeting Agenda. Enclosed are the Safety
Commission Minutes from the meeting as well as a location map for your reference.
~~.
Matthew P. LaWTie
cc: ViHage Clerk Velma Lowe
x: ì.engineeringltraffie \safeeomm Irees&min \mayO4 reel. doc
PROSPECT MANOR A VENUE & MEMORY LANE TRAFFIC STUDY
VilLAGE OF MOU"JT PROSPECT
MOl1NT PROSPECT, ILLINOIS
VESTBDUND MÐ(]RY LN LOOKING SOUTH ALONG PRlJSPECT MANOR AVE
C(y BUSHES
STOP SIGNS RECOMMENDED
ON MEMORY LANE AT PROSPECT MANOR AVENUE
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INTEROFFICE MEMORANDUM
@)
11UI1. CIn' 1&
Mount Prospect Public Works Department
SUBJECT:
MAY SAFETY COMMISSION MEETING
TRAFFIC STUDY AT THE INTERSECTION OF F AIRVIEW AVENUE &
HENRY STREET
TO:
VILLAGE MANAGER MICHAEL E. JANONIS
FROM:
PROJECT ENGINEER
DATE:
MAY 13,2004
The Safety Commission transmits their recommendation to
approve Stop signs on Fairview Avenue at Henry Street.
Yield signs on Fairview Avenue at Henry Street have been in-place since 1987. Previous to this the Yield
signs were on Henry Street. Concerns raised by residents and the accident history prompted Staff to
review the effectiveness ofthe existing traffic control devices at this intersection.
In April 2004, Staff performed a traffic study of the intersection. Results show there have been eleven
recorded accidents at the intersection over the past five years. Four of the eleven accidents involved a
southbound vehicle and eastbound vehicle. There are approximately 1950 vehicles per day (1250 on
Fairview Avenue and 700 on Henry Street) that enter the intersection. Average recorded speeds along
both streets ranged from 20-28mph. Finally, there is a bush and two private property evergreen trees at
the northwest comer of the intersection that are sight obstructions for motorists.
This issue was discussed at the May 10, 2004 Safety Commission Meeting. There was one resident in the
audience to speak on this issue. Given the accident history, severity of the sight obstruction for motorists
and daily traffic volume, the Safety Commission determined Stop signs would be a more appropriate
traffic control for the intersection.
By a vote of 7-0, the Safety Commission recommends to remove the existing Yield
signs (Section 18.2004B of the Village Code) for northbound and southbound
Fairview Avenue at Henry Street and replace them with Stop signs (Section
18.2004A of the Village Code).
Please include this item on the May 18th Village Board Meeting Agenda. Enclosed are
Commission Minutes from the meeting as wen as a location map for your reference.
~d<
the Safety
Matthew P. Lawrie
cc: Village Clerk Velma Lowe
x: \engineering\traffic Isafecamm Irecs&m in ImayO4rec3. doc
FAIRVIE'w' AVENUe 8, HENRY STR[ET TRAFFIC STUDY
1 cry BUSHES
I ~ EVE~RŒN TR"
VILLAGE Of ~lOLNT PROSPECT
MOUNT PROSPECT, ILLINOIS
STOP SIGNS RECOMMENDED
ON F AIRVIE\J A VENUE AT HENRY STREET
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Kad
5/11/04
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 ENTITLED
'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT. COOK COUNTY, ILLINOIS:
SECTION ONE: That Section 18.2004 of "SCHEDULE IV - STOP AND YIELD
SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby
further amended by deleting thereto in proper alphabetical sequence so that hereafter
said Section 18.2004.8 of the Village Code of Mount Prospect ghat! include the
following:
"Name of Street
I-Oka Ave
Direction of Traffic Movement
North & Southbound
At Intersection With
Evergreen Ave.
SECTION TWO: That Section 18.2004 of "SCHEDULE IV - STOP AND YIELD
SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby
further amended by adding thereto in proper alphabetical sequence so that hereafter
said Section 18.2004.A of the Village Code of Mount Prospect shall include the
following:
"Name of Street
I-aka Ave
Direction of Traffic Movement
North & Southbound
At Intersection With
Evergreen Ave.
SECTION THREE: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2004.
Gerald L Farley
Village President
ATTEST:
Kimberly A. Dewis
Deputy Village Clerk
H:\CLKO\files\WIN\ORDINANC\CH 18, replace yield with stop sìgns ¡oka may 2004.doc
c;-I
n - ------ - ----_._.~~~.~----------__~___mm_~_-__------'_,'_'m__m-'-,""'----
Kad
5111104
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 ENTITLED
'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOiS:
SECTION ONE: That Section 18.2004 of "SCHEDULE IV - STOP AND YIELD
SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby
further amended by deleting thereto in proper alphabetical sequence so that hereafter
said Section 18.2004,B of the Village Code of Mount Prospect shall include the
following:
"Name of Street
Memory Lane
Direction of Traffic Movement
East & Westbound
At Intersection With
Prospect Manor Ave."
SECTION TWO: That Section 18.2004 of "SCHEDULE IV - STOP AND YIELD
SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby
further amended by adding thereto in proper alphabetical sequence so that hereafter
said Section 18.2004.A of the Village Code of Mount Prospect shall include the
following:
"Name of Street
Memory lane
Direction of Traffic Movement
East & Westbound
At Intersection With
Prospect Manor Ave."
SECTION THREE: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2004.
Gerald l. Farley
Village President
ATTEST:
Kimberly A. Dewis
Deputy Village Clerk
H:\CLKO\files\WIN\OROINANC\CH 18, replace yield with stop signs ¡aka may 2004.dac
~ ~ ~ ~- -~" ~ m~" ~ ~ ~ ~ c~~~~mm.-~~~~~'~'~<~<~<.w.'~'~'~'m.,>....~'~~~~ ~ ~ ~~~o ~7~~~~~ ~~~~--~ ~ ~ ~ ~.. <-~-~ ~ ~
...~~~~~~~~~~~~~--m~~.~.--~~ ~m ~ -- ~~--
Kad
5i11104
ORDiNANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 ENTITLED
'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Section 18.2004 of "SCHEDULE IV - STOP AND YIELD
SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby
further amended by deleting thereto in proper alphabetical sequence so that hereafter
said Section 18.2004.B of the Village Code of Mount Prospect shall include the
following:
"Name of Street
Fairview Ave.
Direction of Traffic Movement
North & Southbound
At Intersection With
Henry St."
SECTION TWO: That Section 18.2004 of "SCHEDULE IV - STOP AND YIELD
SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby
further amended by adding thereto in proper alphabetical sequence so that hereafter
said Section 18.2004.A of the Viilage Code of Mount Prospect shall include the
following:
"Name of Street
Fairview Ave.
Direction of Traffic Movement
North & Southbound
At Intersection With
Henry St."
SECTION THREE: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2004.
Gerald L. Farley
Village President
ATTEST:
Kimberly A. Dewis
Deputy Village Clerk
H:\CLKO\files\WIN\ORDINANC\CH 18. replace yield with stop signs iaka may 2004.doc
""".~".,,'owm.".'".~.".".".W"'^".-'.'
Village of l\'Iount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
FROM:
HUMAN RESOURCES DIRECTOR PATRICK SEGER
~.~
S/I&IOf
TO:
ASSISTANT VILLAGE MANAGER DAVE STRAHL
SUBJECT:
MAY 6,2004
PROPOSED AMENDMENTS TO THE FLEXIBLE COMPENSATION PLAN
DATE:
As part of the Human Resources Division's review of the Village of Mount Prospect's
Flexible Compensation Plan, it is recommended to present the restated Flexible
Compensation Plan to the Village Board for approval at the May 18, 2004 board meeting.
The restated Plan includes changes that bring the Plan into compliance with the Family
Medica\ Leave Act (FMLA), along with three (3) administrative recommendations, which will
be highlighted below.
History and Benefit of Plan
The Village, as a Howed by t he Internal Revenue Service ( IRS), adopted the Flexible
Compensation Plan in 1986 as a benefit for employees. Unàer the Plan, a participating
employee can pay h islher share 0 f group h ealîh plan premiums 0 r supplemental ¡ ife
insurance premiums out of his/her salary on a pre-tax basis. The employee avoids income
and employment taxes on the portion of the employee's salary applied to pay premiums
under the Plan. In addition, the Village is not liable for employment taxes on the portion of
the employee's pay applied to pay premiums under the Plan. The Plan also permits a
participating employee to contribute a portion of his/her salary on a pre-tax basis to a
health reimbursement account. The employee may use the balance of his/her health
reimbursement account to obtain reimbursement for uninsured medical expenses (eog., co-
pays, deductibles, over-the-counter medications) that he/she incurs. In addition, the
employee may apply the same pre-tax benefit for approved dependent care expenses.
Proposed Amendments
The proposed changes to the Flexible Compensation Plan, if adopted, would be retroactive
to January 1,2004, include:
II Termination of employee participation in the Plan due to submitting fraudulent
claims
.. Family Medical Leave Act (FMLA) compliance
. Medical Reimbursement Account maximum of $5,000
s
~~~~ - - ~~--~~ ~ ~ _m_-~-~-m~-~-~-~.~.~.~.~-~.~.~.~.~.~.~"~.~.~.~.".'.O'.,.~.-.~.~.-m^.-.--. ~-
- -~~.W="M~_._.'.~
Proposed Amendments to the Flexible Compensation Plan
May 6, 2004
Page 2
BII Clarifying language to comply with current administrative practice of claims deadline
date.
1.
2.2
Termination of Participant
This proposed addition to Section 2.2 allows the Plan Administrator (Village) to
terminate an employee's participation in the Plan for any future period upon
determining an employee has intentionally filed a dishonest or fraudulent claim for
benefits. The filing of dishonest or fraudulent claims places the integrity of the Plan
at risk with thelntemalRevenue Service (IRS). The proposed language supports
immediate action by the P Ian Administrator f or v ¡olations of such dishonest or
fraudulent claims.
2.
2.3
ParticipationDurinQ Leave (FM..bA}
This proposed . addition t05ection 2.3.places the Flexible. Compensation Pan into
compliance with the regulations set forth by the Family Medical Le.ave Act{FMlA).
3.
3.8
limit on Health Reimbursement Account.
This proposed addition to Seotlon3..8 places a $5,000 maximum on the amount an
employee can contribute tolhe Health Reimbursement Account (HRA). Prior to this
proposed addition, employees had an unlimited doUar amount they could contribute
and. receive through the.HRABy adding the maximumorceHing to the amount
employees can contribute, the Village reduces its liability ifanemployeecollects a
large health. reimbursement, eariyin the Plan Year and terminates. employment
before the conclusion oUhe Plan Year. The.current IRS regulations do notoffer
any recourse..if this circumstance occurs, therefore, the dollar maximum reduces the
Village's liability per individual employee. To date there have not been any abuses
in this area; however, we. feel. it is. prudent to have a dollar maximum. The
established maximum amount will be reviewed annually for possible revision.
4.
4.4
Claims for Benefits.
This proposed change in Section 4.4 clarifies the original Plan's claims submittal
deadHne.of March 315taftertheendof t he Plan Year. T he Village's practice
historically has been to receive claims for reimbursement up until March 31 5t of the
year following the Plan Year. This practice will continue, and the proposed Plan
change will clarify the daims.submittaJ.deadline.date.
""""".'.'.'.'.'.'.'.'...'.'.'.".w.'.'.,.,.'.,.,....'.'.'.'.'.'.'.'.'...'...'.'.'
Proposed Amendments to the Flexible Compensation Plan
May 6, 2004
Page 3
The aforementioned proposed amendments strengthen the administration of the Plan and
reduce the Village's liability. All proposed amendments have been included in the attached
restated Flexible Compensation Plan.
Please advise if you are comfortable including this information in the Board's May 18, 2004
meeting packet for review and adoption.
Attachment
C: Finance Director Dave Erb
Deputy Finance Director Carol Widmer
H:\HUMR\Flexible Compensation Plan\flexible Compensation Plan amendment memo.doc
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5/12/04
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5/13/04
RESOLUTION NO
A RESOLUTION AUTHORIZING THE AMENDMENT OF THE VILLAGE OF MOUNT
PROSPECT FLEXIBLE COMPENSATION PLAN
WHEREAS, the Village of Mount Prospect is a Home Rule Municipality exercising its Home
Rule Powers pursuant to the Illinois Constituent of 1970; and
WHEREAS, the Corporate Authorities have previously adopted a Village of Mount Prospect
Flexible Compensation Plan for its employees; and
WHEREAS, the Corporate Authorities have determined that the Plan should be amended to
become compliant with the Family Medical Leave Act (FMLA)
WHEREAS, the Corporate Authorities have determined that the Plan should be amended to
improve the administration of the plan.
SECTION ONE: That the Mayor of the Village of Mount Prospect is hereby authorized to
execute the amended Village of Mount Prospect Flexible Compensation Plan, attached hereto
ad Exhibit A, the same being hereby approved and adopted to be effective as of January 1,
2004.
SECTION TWO: That the Plan Administrator of the Village of Mount Prospect be instructed
to take any and all such steps as may be required for the implementation of the Amended Plan.
SECTION THREE: That this Resolution shan be in full force and effect from and after its
adoption and passage in the manner provided by law.
AYES:
NAYS:
ABSENT:
Passed and approved on this
day of
,2004.
Gerald L. Farley
Village President
Kimberly A. Dewis
Deputy Village Clerk
H:\CLKO\files\WIN\RES\flexible compensation amendment 2004.doc
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VILLAGE OF MOUNT PROSPECT
FLEXIBLE COMPENSATION PLAN
Restated Effective January 1,2004
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TABLE OF CONTENTS
ARTICLE I DEFINITIONS ...........................................................................................................1
1.1 Code .................................................................................................................................1
1.2 Dependent ........................................................................................................................1
1.3 Dependent Care Reimbursement Account.......................................................................1
1.4 Dependent Care Expenses................................................................................................1
1.5 Dependent Care Service Provider....................................................................................1
1.6 Employee .........................................................................................................................1
1.7 Employer. ......................................................................... ................................................1
1.8 Eligible Medical or Dental Expenses...............................................................................2
1.9 FMLA Leave....................................................................................................................2
1.10 Health Reimbursement Account. ...................................................................................2
1.11 Highly Compensated Employee ....................................................................................2
1.12 Key Employee................................................................................................................2
1.13 Participant ......................................................................................................................2
1.14 Plan ................................................................................................................................2
1.15 Plan Administrator .........................................................................................................2
1.16 Plan Year........................................................................................................................2
1.17 Premium Program .............................................."..........................................................2
1.18 Spouse ............................................................................................................................2
1.19 Unifonned Services .......................................................................................................2
AATICLE II PARTICIPATION. ........, ,,""""""" ..... ...............,.... ... ............., ... """ ..... ......... ... ...,. ..3
2.1 Conditions of Participation.... .................. ......".. ..".... ........... .... ...... ......".. ... ........,.... ..... ,,3
2.2 Tennination of Participation............................................ ................................................3
2.3 Participation During Leave. .............................................................................................3
2.4 Reinstatement of Fonner Participant ...............................................................................5
ARTICLE III BENEFITS ...............................................................................................................6
3.1 Coverage Options - General Rule ...................................................................................6
3.2 Election Procedure - General Rule..................................................................................6
3.3 New Participants - General Rule.....................................................................................7
3.4 Failure to Return Election Form ......................................................................................7
3.5 Periods to Which Election FmlTI Applies .................................................................."....7
3.6 Changes by Plan Administrator .......................................................................................8
3.7 Irrevocable Elections .......................................................................................................8
3.8 Limit on Reimbursement Account Elections.................................................................11
3.9 Limit on Group-Tenn Life Insurance ............................................................................11
3.10 When Expenses Incurred ............................"...............................................................12
ARTICLE IV HEALTH REIMBURSEMENT ............................................................................13
4.1 Benefits Provided by the Health Reimbursement Account ...........................................13
4.2 Detennination of Status as a Spouse or a Dependent ....................................................13
4.3 Total Health Reimbursement Account Available ............................................... ... ........13
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4.4
4.5
Clain1s for Benefits "'0<""""" ........."......................... ........................... "................. .......I3
Excess Reimbursement or Failure to Use Amounts Available..................,.............."...14
ARTICLE V DEPENDENT CARE REIMBURSEMENT ACCOUNT ...".,.................."...........IS
5.1 Benefits Provided by the Dependent Care Reimbursement AccounL""............,.........15
5.2 Crediting of Accounts...................................""............"'........................."...................15
5.3 Payment of Dependent Care Expense Reimbursements. ................"........."..................15
5.4 Excess Reimbursements or Failure to Use Amount Available."...................................16
ARTICLE VI CONTINUATION COVERAGE UNDER HEALTH
REIMBURSEMENT ACCOUNT ................................................................"...................17
6.1 Continuation Coverage After Termination ofNonnal Participation """"""""""".<00...17
6.2 Qualified Beneficiary........,.......................................................................,.....................17
6.3 Qualifying Event............................."..........."................................................................17
6.4 Benefit Available Under Continuation Coverage ....................................................."...18
6.5 Notice Requirements. """"" """" ..." """""'" .............. """ ....... """"""""'" """"" .........18
6.6 Election Period.. """" """ ................... ...... """"'" """""""" """""'" .... ,........... """00"" ..18
6.7 Duration of Continuation Coverage........................................................."""""""......0019
6.8 Birth or Adoption ofa Child..........................................................................................19
6.9 Automatic Tennination of Continuation Coverage .......................................................19
6.10 Required Monthly Premium ....... ""'" .... """"""'" """'" """"'" ........ .... """'" ... "'" ..... .19
6.11 Continuation Coverage for Employees in the Uniformed Services.............................19
ARTICLE VII PLAN ADMINISTRATION ................................................................................21
7.1 Allocation of Authority..................................................................................................21
7.2 Provision for Third-Party Plan Service Providers """"""""""""""'...00.......................21
7.3 Limitation of Liability... ............. .............. ................... """"""" "".....,........ """"." ,. .......21
7.4 Compensation of the Plan Administrator.......................................................................22
7.5 Bonding................................................................................................................,.........22
7.6 Payment of Administrative Expenses """ """"00"""""""""", .............. """ .......... ....... ..22
7.7 Disbursement Reports........ ......... """"""" """"" ........... ..................... ................... ........22
ARTICLE VIII CLAIMS PROCEDURE.....................................................................................23
8.1 Procedure if Benefits are Denied Under the Plan ..........................................................23
8.2 Requirement for Written Notice of Claim Denial..""""""""..........00............................23
8.3 Right to Request Hearing on Benefit Denial """""..................."..................................23
8.4 Disposition of Disputed Claims.....................................................................................23
ARTICLE IX AMENDMENT OR TERMINATION OF PLAN............................................"...24
9.1 Permanency. "'" "'" ... ..... ................ "'" ... .............. ....... .............. ................... '..........,. ......24
9.2 Employer's Right to Amend """""""""""""""""""""""'....00...00.....",........................24
9.3 Eu:tployer's Right to Tel111inate ..........................................,....................""'......00...........24
ARTICLE X GENERAL PROVISIONS"....................................................................................25
10.1 No Employment Rights Confeaed ...............................................................................25
j 0.2 Payments Upon Death ofParÜcipanL......................................,..................................25
10.3 NonaIienation of Benefits .............................................................................................25
11
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10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13
Mental or Physical Incompetence................................................................................25
Benefits ........................................................................................................................25
Benefits Solely From General Assets 000.....................................00......."""""""""""...25
Tax Effects...................................................................................................................25
Multiple Function.........................................................................................................26
Gender and Number......... ............. ................ ..". .'000000"'" ... ......, ................... ......,. ..,.. ...26
Headings ...................00.....................00......""""............................................................26
Applicable Laws ...................................................................................00.....................26
Severability ..................................................................................................................26
Premium Program Control Clause ...............................................................................26
APPENDIX A .............................................................00......"""""""""""""""""""""""""'".....26
1l1
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INTRODUCTION
The Village of Mount Prospect established this plan, known as the Village of Mount Prospect
Flexible Compensation Plan (the "Plan"), effective July 1, 1985. The Plan is a cafeteria, medical
spending account, and dependent care assistance plan within the meanings of Sections 105, 125
and 129 ofthe Internal Revenue Code of 1986, as amended (the "Code"). The Plan was restated
effective January 1, 2001, and again effective January 1, 2002, in response to the issuance of
final Treasury Regulations governing cafeteria plans and to incorporate certain other changes to
the Plan. This restatement of the Plan is effective January 1, 2004.
The purpose of the Plan is to provide eligible employees the opportunity to choose benefits from
among those benefits made available to them under the Plan. This Plan is intended to qualify as
a cafeteria plan within the meaning of Code section 125 and to qualify as a dependent care
assistance program within the meaning of Code section 1290 Furthennore, to the maximum
extent possible, benefits paid under the Plan are intended to be eligible for exclusion from gross
income under Code sections 105, 106, and 129. This Preamble and the following Articles, as
amended from time to time, comprise the restated Plan.
IV
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ARTICLE I
DEFINITIONS
The following words and phrases, as used in this Plan, shall have the following meanings, unless
a different meaning is plainly required by the context.
1.1 Code. The term "Code" means the Internal Revenue Code of 1986, as amended.
1.2 Dependent. With regard to "Eligible Medical or Dental Expenses," the tenn
"Dependent" means any individual who is a dependent of the Participant, as defined in
Code section 152, as amended.
With regard to "Dependent Care Expenses," the tenn "Dependent" means any individual
who is:
(b)
A dependent of the Participant who is under the age of 13 and with respect to
whom the Participant is entitled to an exemption under Code section 151 (c); or
A dependent (as defined in Code section 152) or spouse of the Participant who is
physically or mentally incapable of caring for himself/herself.
Dependent Care Reimbursement Account. The term "Dependent Care Reimbursement
Account" means the bookkeeping account maintained by the Employer to detennine the
amount available to reimburse the Participant, in accordance with the terms of the Plan,
for eligible dependent care expenses the Participant incurs.
Dependent Care Expenses. The tenn "Dependent Care Expenses" means expenses
incurred by a Participant that:
(a) Are incurred for the care of a Dependent of the Participant or for related
household services;
(a)
1.3
1.4
(b)
(c)
Are paid or payable to a Dependent Care Service Provider; and
Are incurred to enable the Participant to be gainfully employed for any period for
which there are one or more Dependents with respect to the Participant.
Dependent Care Expenses shall not i nelude expenses incurred for services outside the
Participant's household for the care of a Dependent unless such Dependent is described
in Section 1 .2(a) 0 r regularly spends at 1 east eight hours each day in the Participant's
household.
Dependent Care Service Provider. The term "Dependent Care Service Provider" means a
person who provides care or other services described in Section 1.4 above, but shall not
inc1ude (a) a dependent care center (as defined in Code section 21 (b )(2)(D), unless the
requirements of Code section 21(b)(2)(C) are satisfied, or (b) a related individual
described in Code section 129{c).
Employee. The term "Employee" means any individual who is identified as an employee
on the payroll records of the Employer. The term "Employee" does not include any
person who is an independent contractor.
Employer. The term "Employer" means the Village of Mount Prospect, a municipality
organized and existing under the laws of the State of Illinois.
1.5
1.6
1.7
1
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1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.8
Eligible Medical or Dental Expenses. The phrase "EIigibie Medical or Dental Expenses"
means any expense for "medical care" as defmed in Code section 213( d), as amended.
The tenn "Eligible Medical or Dental Expenses" does not include premium payments for
health plan coverage, such as premiums paid for health coverage under a plan maintained
by an employer of the Participant's Spouse or Dependents.
FMLA Leave. The tenn "FMLA Leave" means a leave described under the Family and
Medical. Leave Act of 1993.
Health Reimbursement Account. The term "Health Reimbursement Account" means the
bookkeeping account maintained by the Employer to determine the amount available to
reimburse the Participant, in accordance \"lith the terms of the Plan, for Eligible Medical
and Dental Expenses the Participant incurs.
1.9
1.10
1.11
Highly Compensated Employee. The term "Highly Compensated Employee" means an
Employee described in Code section 414(q), Code section 125(e) or Code section
lO5(h)(5), as applicable.
Key Employee. The term "Key Employee" means an Employee described in Code
section 416(i)(1), as amended.
Participant. The . term "Participant" means an Employee who is eligible to participate in
this Plan pursuant to Article III.
Plan. The term "Plan" means the Village of Mount Prospect Flexible Compensation
Plan, as set forth herein and amended from time to time.
Plan Administrator. The term "Plan Administrator" means the person or committee
appointed by the Employer to manage and direct the operation and the administration of
the Plan. If the Employer does not appoint such a person or committee, the Employer
shall be the Plan Administrator.
Plan Year. The term "Plan Year" means the calendar year.
Premium Program. The term "Premium Program" means a program specified in
Appendix A.
Spouse. The term "Spouse" means an individual who is legally maITied to a Participant,
but shaH not include an individual separated from the Participant under a legal separation
decree.
1.12
Unifonned Services. The term "Uniformed Services" means the Anned Forces, the
Army National Guard and the Air National Guard (when engaged in active duty for
training, inactive training, or full~time National Guard duty), the commissioned corps of
the Public Health Service or any other category of persons designated by the President of
the United States in time of war or emergency.
2
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2.1
2.2
ARTICLE II
PARTICIPATION
Conditions of Particit>ation. An Employee shall be eligible to participate in this Plan as
of the date he or she satisfies the eligibility requirements of the Employer's group health
plan. An Employee need not participate in the Employer's health plan to participate in
this Plan.
The foregoing notwithstanding, any Employee who is a "part-time" Employee shall not
be eligible to participate in the Plan. A "part-time" Employee is any Employee who is
designated as a part-time Employee pursuant to the Employer's employment policy.
Tel111ination of Participation. Except as provided in Article VI, an Employee shall cease
to be eligible to participate in the Plan as of the date the Employee tenninates
employment with the Employer or becomes ineligible to participate in the Plan pursuant
to Section 2.1 above (i.e., becomes a part-time Employee). For purposes of this Section,
a Participant on FMLA Leave shall be deemed an Employee eligible for participation in
this Plan until the earlier of:
The end of the FMLA Leave; or
The date the Participant gives notice to the Employer of an intent not to return to
active employment.
A Participant absent from employment due to a period 0 f service with the Uniformed
Services shall be deemed an Employee eligible for participation in this Plan until the
Participant is absent from employment of at least thirty hours per week for more than
thirty-one days due to such period of duty.
If the Plan Administrator, in its sole discretion, detel111ines that an Employee has filed, or
assisted in the filing of, a dishonest or fraudulent claim for benefits under a Health
Reimbursement Account or a Dependent Care Reimbursement Account, the Employee's
participation in the Health Reimbursement Account and the Dependent Care
Reimbursement Account features of the Plan shall terminate immediately. In addition,
that Employee wiU not be eligible to participate in either the Health Reimbursement
Account feature of the Plan or the Dependent Care Reimbursement Account feature of
the Plan for any future period.
(a)
(b)
2.3
Participation During Leave.
(a)
FMLA Leave.
(1)
Health Benefits. Notwithstanding any provision to the contrary in this
Plan, if a Participant goes on FMLA Leave, then to the extent required by
the FMLA, the Employer will continue to maintain the Participant's health
insurance benefits and Health Reimbursement Account benefits on the
same terms and conditions as if the Participant were still an active
Employee. That is, if the Participant elects to continue his or her coverage
while on leave, the Employer will continue to pay its share of the
contribution.
3
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An Employer may elect to continue all coverage for Participants while
they are on paid FMLA Leave (provided Participants on non-FMLA
Leave are required to continue coverage). If so, the Participant's share of
the contribution shall be paid by the method nonnally used during any
paid leave (e.g. on Ii pre-tax, compensation reduction basis if that was the
method used before FMLA Leave.)
In the event of unpaid FMLA Leave (or paid FMLALeave where
coverage is not required to be continued), a Participant may elect to
continue his or her coverage under the Premium Program and/or Health
Reimbursement Account components during the FMLA Leave. If the
Participant elects to continue coverage while on leave, then the Participant
shall pay his or her share of the contribution in one of the following ways
(as agreed upon by the Plan Administrator):
(A) With after-tax payments, by sending monthly payments to the
Employer by the due date established by the Employer;
With pre~tax, compensation reduction contributions, by having
such amounts withheld from his or her ongoing compensation (if
any) or pre-paying all or a portion of the contribution for the
expected duration of the leave with pre~tax compensation reduction
contributions [To pre-pay the contribution with pre-tax
compensation reduction amounts, the Participant must make a
special election to that effect prior to the date that such
compensation would normally be made available (pre-tax
compensation reduction contributions may not be used to fund
coverage during the next Plan Year). J; or
Under another aITangement agreed upon between the Participant
and the Plan Administrator (e.g.~ the Plan Administrator may
choose. to fund coverage during the FMLA Leave and withhold
"catch~up" amounts upon the Participant's return with pre-tax,
compensation reduction contributions or after-tax contributions).
If the Employer requires all Participants to continue coverage during the
leave, the Participant may elect to discontinue the Participant's required
contributions until the Participant returns from FMLA Leave. Upon return
from leave, the Participant will be required to repay the contribution not
paid by the Participant during the FMLA Leave. Payment shall he
withheld from the Participant's compensation either on a pre-tax or after-
tax basis, as may be agreed upon by the Plan Administrator and the
Participant.
If a Participant's coverage ceases while on FMLA Leave (e.g., for non-
payment .of required contributions), the Participant will be pennitted to re-
enter the. Plan upon return from such FMLA Leave on the same basis as
the Participant was participating in the Plan prior to the leave, or otherwise
required by the FMLA.. Employees whose coverage te.rrninated during the
leave may be automatically reinstated provided that coverage for
(8)
(C)
4
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(b)
Employees on non-FMLA L eave is automatically reinstated upon return
from leave. Notwithstanding the preceding sentence, with regard to Health
Reimbursement Account benefits, a Participant whose coverage ceased
will be entitled to elect whether to be reinstated in the Health
Reimbursement Account at the same coverage level as in effect before the
FMLA Leave (with increased contributions for the remaining period of
coverage) 0 rat a Health Reimbursement Account coverage 1 evel that i s
reduced pro-rata for the period of FMLA Leave during which the
Participant did not make contributions.
Non-Heaith Benefits. If a Participant goes on FMLA Leave, entitlement to
non-health benefits, such as the Dependent Care Reimbursement Account,
is to be detennined by the Employer's policy for providing such benefits
when the Participant is on non-FMLA Leave, as described in subsection
(b) below. If the Employer continues a Participant's non-health benefits
during a qualifying FMLA Leave, the Participant wiIi, upon returning
from leave, be required to repay the contributions due from, but not paid
by, the Participant during the FMLA Leave.
Non-FMLA Leave. If a Participant goes on an unpaid leave of absence that does
not affect eligibility, then the Participant will continue to participate and the
contributions due for the Participant will be paid by pre-payment before going on
leave, by after-tax contributions while on leave, or with catch-up contributions
after the leave ends, as may be detennined by the Plan Administrator. If a
Participant goes on an unpaid leave that affects eligibility, the election change
rules in Section 3.7 wiB apply. If the Employer continues the Participant's
benefits while on leave, the Participant will upon returning from leave be required
to repay the contributions due from, but not paid by, the Participant during the
leave.
Reinstatement of Former Partici?ant. An Employee who is a fonner Participant becomes
a Participant again if and when such Employee satisfies the requirements of Section 2.1.
If, during the same Plan Year, the former Participant satisfies the requirements of
Section 2.1 within 30 days of the date his coverage under the Plan was terminated
pursuant to section 2.2, the Participant's prior elections under the Plan shall be
automatically reinstated. If, during the same Plan Year, the fonner Participant satisfies
the requirements of Section 2.1 more than 30 days after the date his coverage under the
Plan was terminated pursuant to Section 2.2, the Participant shall be entitled to make new
elections under the Plan as provided in Section 3.3.
(2)
2.4
5
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3.1
ARTICLE III
BENEFITS
Coverage Options- General Rule. Each Employee who i saP articipant may choose,
under this Plan, to.receivesuch Participant's compensation from lh.e Employer for any
Plan Year in cash or to:
(a)
Receive coverage under one or more Premium Program(s} (Le., subject to the
terms of any such Premium Program);
Have an amount credited to the Participant's Health Reimbursement Account;
and/or
Have an amount credited to the Participant's Dependent Care Reimbursement
Account.
(b)
(c)
If a Participant elects to receive coverage under a Premium . Program, then the
Participant's compensation from the Employer will be automatically reduced by the
Participant's share of the applicable premium for the Premium Program for the Plan
Year, as determined by the Employer. If a Participant elects to have an amount credited
to the Participant's Health Reimbursement Account and/or Dependent Care
Reimbursement Account for a Plan Year, then the Participant's compensation from the
Employer for the Plan Year will be reduced by an equal amount.
Election Procedure- General Rule. Prior to the first day of each Plan Year, the Plan
Administrator, or the Plan Administrator's delegate, shall provide a written election form
(including a compensation reduction agreement) to each Participant. and to each
Employee who is expected to become a Participant as of the beginningofthat Plan Year.
To elect .coverage under a Premium Program, the Health Reimbursement Account and/or
the Dependent Care Reimbursement Account for that Plan Year, a Participant shaH:
Complete the election form, specifying which, if any, Premium Programs the
Participant desires coverage under (subject to the limits of Section 3.9) and/or the
amount( subject to the 1 imits of Section 3 .8) to be credited to the Participant's
Health Reimbursement Account and to the Participant's Dependent Care
Reimbursement Account for that Plan Year;
Execute an agreement directing the Employer to reduce the Participant's
compensation from the Employer for that Plan Year by an amount equal to the
total amount of the Participant's share of the premiums for the Premium Programs
selected a nd the total amount that the Participant elects to have credited to the
Health Reimbursement Account and the Dependent Care Reimbursement Account
pursuant to (a) above; and,
Return the election [ann and the compensation reduction agreement to the Plan
Administrator, or the Plan Administrator's delegate, prior to the beginning of that
Plan Year.
A Participant's election to enroll in the Employer's group health plan shall be deemed an
ejection to enroll in this Plan with respect to that Premium Program that satisfies the
requirements of subsections (a), (b) and (e) above.
3.2
(a)
(b)
(c)
6
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The election form and compensation reduction agreement shall be effective as of the first
day of that Plan Year.
New Participants - General Rule. If an Employee first becomes eligible to participate
under Section 2.1 or Section 2.4 on a date other than the first day of a Plan Year, the Plan
Administrator shall provide the Employee with the written election described in Section
32 before, 0 r as soon asp ossible after, the Employee becomes eligible top articipate.
The Employee may then elect coverage under a Premium Program (subject to the terms
of the Premium Program), Health Reimbursement Account and/or the Dependent Care
Reimbursement Account for the remainder of the Plan Year.
To elect coverage under a Premium Program, Health Reimbursement Account or
Dependent Care Reimbursement Account, the Employee shall:
3.3
3.4
3.5
Complete the election form, specifying which, if any, Premium Programs the
Participant desires coverage under (subject to the limits of Section 3.9) and/or the
amount (subject tot he limits 0 f Section 3 .8) to be credited tot he Participant's
Health Reimbursement Account and to the Participant's Dependent Care
Reimbursement Account for the remainder of that Plan Year;
Execute an agreement directing the Employer to reduce the Participant's
compensation from the Employer for the remainder of that Plan Year by an
amount equal to the total amount of the Participant's share of the premiums for
the Premium Programs selected and the total amount that the Participant elects to
have credited to the Health Reimbursement Account and/or the Dependent Care
Reimbursement Account pursuant to (a) above; and,
Return the election fonn to the Plan Administrator, or the Plan Administrator's
delegate, on or before such date as the Plan Administrator, or the Plan
Administrator's delegate, shall specify. (The date specified by the Plan
Administrator shall be no later than the beginning of the first pay period for which
the Employee's election fonn and compensation reduction agreement take effect.)
A Participant's election to enroll in the Employer's group health plan shall be deemed an
election to enroll in this Plan with respect to that Premium Program that satisfies the
requirements of subsections (a), (b) and (c) above.
The Employee's election form and compensation reduction agreement shall not take
effect before the date the Employee becomes a Participant.
Failure to Return Election Form. Except as provided in Section 3.5, if a Participant fails
to timely submit a completed election to the Plan Administrator (or the Plan
Administrator's delegate) pursuant to Sections 3.2 or 3.3, the Participant shall be deemed
to have elected to receive cash compensation in lieu of coverage under a Premium
Program, the Health Reimbursement Account or the Dependent Care Reimbursement
Account.
periods to Which Election Form Applies. If a Participant submits a completed election to
the Plan Administrator pursuant to Sections 3.2 or 3.3, the Participant's elections shall
remain in effect until the time described below.
(a)
(b)
(c)
7
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The effective date of a new election that the Participant submits for a
subsequent Plan Year, pursuant toSectionJ.2;
The date the Participant revokes such Participant's election to the extent
pennítted pursuant to Section 3.7;
The date the Participant ceases .to bea Participant as described in Section
2.2;
The date the Plan or the Premium Program istenninated; or
The date the pran Administrator modifies the Participant's election
pursuant to Section 3.6.
Health Reimbursement Account and Dependent Care . Reimbursement Account
Elections. . A Participant's election with respect to the He.alth Reimbursement
Account or Dependent. Care Reimbursement Account.wil1 remain in effect until:
(1) The last <lay of the Plan Year for which the election was made;
(2) The date the Participant revokes such Participant's election, to the extent
permitted pursuant to Section. 3.7;
The. datethe Participant ceases to be a Participant as described in Section
2.2;
The date the Plan is terminated or amended to eliminate the benefit to
which the election applies; or
The date the Plan Administrator modifies the Participanfs ejection
pursuant to Section 3.6.
The foregoing notwithstanding, the amount of the reduction of a Participant's
compensation shaH he adjusted by the Plan Administrator to correspond to any change in
the Participant's share of the cost, as determined by the Employer, of elected Premium
Program coverage.
Changes by Plan Administrator. If the Plan Administrator (or the Plan Administrator's
delegate)detenninesthat the Plan may fail to satisfy any nondiscrimination requirement
or any limit upon Key Employee benefits imposed by the Code, the Plan Administrator
shall take such action as the Plan Administrator.deems appropriate, under rules uniformly
applicable to similarly situated Participants to complywìth such requirement or limit.
Such action may include, without Jimitation, modifying the elections of Highly
Compensated Employees and/or Key Employees without the consent of such Employees.
IrrevocabkElections. E xcepta s provided ¡ n Sections 2.J,J.5andthis Section 3..7, a
Participant's Plan coverage election pursuant to Section 3.2 or 3.3 or deemed election of
cash compensation pursuant to Section 3.4 shan he. irrevocable during any Plan Year that
begins while such election remains in effect. All election changes shall conform with
applicable regulations issued by the Department of the Treasury, under Code section 125.
(a)
(4)
(5)
(b)
(3)
(4)
(5)
3.6
3.7
Premium. Program. Elections.
remain in effect until:
A Participant's Premium Program election will
(1)
(2)
(3)
8
.'.'.'.'.'.'.'.'.""""""""""Z'.'.""'""","""":"':':"":"';""':""'.'.".'.".'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.........n..........
(a)
(b)
Election Chamze Events that Apply to All Plan Elections. To the extent permitted
by applicable Treasury Regulations, a Participant may enroll for coverage under
this Plan or may change an election under this Plan on account of, and consistellt
with, one of the following events:
(1) A change in the Participant's marital status. A change in marital status
includes a change that results from marriage, death of Spouse, divorce,
legal separation or annulment.
A change in the number of the Participant's Dependents. A change in the
number of the Participant's Dependents includes a change resulting from
birth, death, adoption, or placement for adoption.
A change in the Participant's employment status, 0 r in the employment
status of the Participant's Spouse or Dependent. A change in employment
status includes, for example, a termination or commencement of
employment, a strike or lockout, a commencement of or return from an
unpaid leave of absence, a change in work site, or a change in employment
status affecting eligibility for coverage under a coverage option set forth in
Section 3.1 (e.g., from full-time to part-time status).
The Participant's Dependent satisfying or ceasing to satisfy the eligibility
requirements for coverage under a coverage option on account of
attainment of age, student status, or any similar circumstance.
A change in the Participant's residence or the residence of the
Participant's Spouse or Dependent.
Election Changes That Onlv ApplY to Dependent Care Reimbursement Account
and Premium Pro~ram Elections. The events described in this subsection (b)
permit a Participant to change his or her Plan elections only with respect to the
Dependent Care Reimbursement Account and the Premium Programs.
(l) Significant Cost Changes. To the extent permitted by applicable Treasury
Regulations, ifthe Participant's cost of coverage significantly increases or
decreases during a Plan Year, the Plan Administrator may permit an
affected Participant to make a coITesponding prospective change to the
Participant's elections under the Plan. A Participant may only change his
or her Dependent Care Reimbursement Account elections due to a cost
change if the cost change is imposed by a Dependent Care Service
Provider who is not a relative of the Participant
Change in Coverage. To the extent permitted by applicable Treasury
Regulations, the Plan Sponsor may allow a Participant to change his or her
eJections under the Plan i f there is a change in coverage. A change in
coverage occurs if there is a significant curtailment of a benefit option
without a loss 0 f coverage ( e.g., a significant increase in the deductible
under the Employer's group health plan), a significant curtailment of a
benefit option with a loss of coverage (e.g., the elimination of a benefit
option) or the addition or improvement of a benefit option. Also, a
Participant may make a prospective change to his or her Dependent Care
(2)
(3)
(4)
(5)
(2)
9
~~~~...,,~...m.~.~.~.~.'.'
(e)
(c)
Reimbursement Plan elections as a result of a change in coverage if the
Participant changes his or her Dependent. Care Provider. Finally, a
Participant may make a prospective. change in his or her Plan elections if
there is a change in coverage of a Spouse or Dependent under another
employer's cafeteria plan.
Election Changes thatOnlv Apply lothe Group Health Plan . Premium Program.
The events described in this subsection! pennit a change toa Participant's Plan
elections only with respect to the group health plan Premium Program (i.e.,
change theamount of compensation withheld for group health plan premium
payments).
(1)
(d)
Judgment. Decree or Order. To the. extent pel1Tlitted by applicable
Treasury Regulations, if a Participant's enrollment under the Employer's
group health plan is modified to comply with a judgment, decree or order
resulting from a divorce, legal separation, annulment, or change in legal
custody that. requires coverage under that plan for the Participant's
Dependent child or Dependent foster child, the Plan wi!] make a
cotTespondîng change to the Participant's group health plan Premium
Program elections.
Entitlement to Medicare or Medicaid. To the extent permitted by
applicable Treasury Regulations, if a Participant's enrollment under the
Employer's group health plan is modified due to coverage or loss of
coverage under Medicare or Medicaid, the Plan will make a corresponding
change to the Participant's group health plan Premium Program elections.
Loss of Coverage Under Other Group Health Coverage. To the extent
permitted by . applicable Treasury Regulations, if a Participant, a
Participant's Spouse or Participant's Dependent is. enrolled in the
Employer's. group health. plan due to a loss of coverage under a group
health plan sponsored by a governmental .or educational institution, the
Plan will make a corresponding change to the Participant's group health
plan Premium Program elections.
Election Changes that Onlv Apply to the Health Reimbursement Account and the
GrouDHea!thPlanPremium Program" To the extent permitted by applicable
Treasury. Regulations, if a Participant, Participant's Spouse, or Participant's
Dependent i se ntitled to special enro Umentr ights under a group health plan i IT
accordance with 42 U.S.C.A. section 3 OOgg(i) , the Participant may enroll for
coverage under this Plan with respect to the Health Reimbursement Account or
the Group HeahhPlan Premium Program .orotherwise modify such Participant's
elections under this Plan.
Special Rule for Changes in Health Reimbursement Account Elections. Except as
described in this subsection, this Section 3.7 does not permit a Participant to
reduce the amount to~ be credited to the Participant's Health Reimbursement
Account. for tbePlan Year or the amount by which his compensation will be
reduced for Health Reimbursement Account coverage for tbePIan VeaL If
otherwise permitted under this Section 3.7,a Participant may reduce the amount
(2)
(3)
10
"""'"",',',',"'.'.'.'.'.'.'.w.'.:.:.,.,.,.,.,.,.,..""""""""-'-'-'-"""'"'"'"""""'""'"'.".'.'.'.'.'.w.'.'.'.".'.".".'.'.'.
3.8
to be credited to the Participant's Health Reimbursement Account for the
remainder of the Plan Year only if, as of the date of the change, the amount by
which the Participant's compensation for the Plan Year has actually been reduced
for Health Reimbursement Account coverage exceeds the Eligible Medical or
Dental Expenses reimbursed from the Participant's Health Reimbursement
Account for that Plan Year. If a Participant described in the preceding sentence
changes the amount to be credited to the Participant's Health Reimbursement
Account during the Plan Year, the amount credited to the Participant's Health
Reimbursement Account immediately after such change shall equal the excess, if
any, determined pursuant to the preceding sentence plus the amount the
Participant directs the Employer to credit to the Health Reimbursement Account
for the remainder of the Plan Year.
Limit on Reimbursement Account Elections. The amount that a Participant may elect to
have credited for any Plan Year to the Dependent Care Reimbursement Account or to the
Health Reimbursement Account shan be limited as described in this Section 3,8.
(a)
Limit on Dependent Care Reimbursement Account. The amount that a Participant
may elect to have credited tot he Dependent Care Reimbursement Account for
any Plan Year may not exceed the least of:
(1) The Participant's earned income (as defined in Code section 129(e)(2)) for
the Plan Year (after all compensation withholdings, including reductions
related to this Plan);
(2)
The actual or deemed earned income of the Participant's spouse for the
Plan Year; or
$5,000 ($2,500 in the case of a separate return by a married individual).
(3)
(b)
In the case of a spouse who is a full-time student at an educational institution or is
physically or mentally incapable of caring for himself/herself, such spouse shall
be deemed to have earned income of not less than $200 per month if the
Participant has one Dependent and $400 per month if the Participant has two or
more Dependents.
Limit on Health Reimbursement Account. The total amount that a Participant
may elect to have credited to the Participant's Health Reimbursement Account for
a Plan Year may not exceed $5,000.00. If an Employee first becomes a
Participant during a Plan Year, as described in Section 3.3, the applicable limit
described in the preceding sentence shall be reduced by multiplying it by a
fraction. The numerator of that fraction shaH be the number of calendar months
during the Plan Year that the Employee will be a Participant and the denominator
of which is the total number of months in the Plan Year. F or purposes of the
foregoing calculation, the Employee shall be considered a Participant for a
calendar month only if the Employee is a Participant on the fifteenth day of that
calendar month.
Limit on Group-Term Life Insurance. For Participants who elect coverage under the
Employer's Group-Term Life Insurance Plan Premium Program, the amount of such
3.9
11
...~.."m.,,~~,..-.__..m-'
3.10
coverage must be in increments of $J 0,000 up to an aggregate coverage amount, in
conjunction with coverage provided din:ctIy by the Employer, equal to $50,000.
When Expenses Incurred. For purposes of this Plan, Eligible Medicalor Dental
Expenses and DependentCare Expenses shaH be deemed to have been incurred on the
day the service or treatment' is rendered or furnished, not the day the Participant is
fonnaHy billed, charged or pays for such service or treatment.
12
',',',',','""""""""""".'.'."'.'.'.'.'.'.-.'.'.'.'.'..'.""",""""
Benefits Provided by the Health Reimbursement Account. Amounts credited to a
Participant's Health Reimbursement Account for a Plan Year shall be available to
reimburse the Participant for Eligible Medical or Dental Expenses incurred by the
Participant during the Plan Year for the care of the Participant, the Participant's Spouse,
or the Participant's Dependents, provided such expenses are submitted properly in
accordance with the provisions of this Article IV. The balance of the Participant's Health
Reimbursement Account shall be reduced by reimbursements the Participant receives for
such Eligible Medical or Dental Expenses. Expenses incurred before an Employee
becomes a Participant or after an Employee ceases to be a Participant shaH not be eligible
for reimbursement under this Plan. The foregoing notwithstanding, if a Participant
becomes ineligible to participate in the Plan during a Plan Year due to a change from fu11-
time to part-time employment status, reimbursable expenses include Eligible Medical or
Dental Expenses incurred during the Plan Year but after the Employee ceases to be a
Participant.
Detennination of Status as a Spouse or a Dependent. The Plan Administrator shall
determine whether an individual is a Spouse (within the meaning of Section 1.18) or a
Dependent (with respect to Eligible Medical or Dental Expenses within the meaning of
Section 1.2) of the Participant whose Eligible Medical or Dental Expenses are eligible for
reimbursement under the Health Reimbursement Account. The Plan Administrator shall
make that determination at the time those expenses are incurred by the Participant.
Eligible Medical or Dental Expenses incurred with respect to an individual who ceases to
be a Participant's Spouse (within the meaning of Section 1.18) or Dependent (within the
meaning of Section 1.2), which are otherwise eligible for reimbursement pursuant to the
terms of this Plan, shall be reimbursed only if such expenses are incurred prior to the date
such individual ceases to be the Participant's Spouse or Dependent.
Total Health Reimbursement Account Available. The total amount to be credited to a
Participant's Health Reimbursement Account for the Plan Year (reduced by prior
reimbursements made for that Plan Year and modified to the extent required by
Section 3.7) shall be available at a 11 times that t he Participant is eligible to participate
during that Plan Year.
Claims for Benefits. A Participant applying for reimbursement of Eligible Medical or
Dental Expenses must submit the following to the Plan Administrator no later than the
March 31 st after the end of the Plan Year in which such expenses are incurred:
(a) A written claim for benefits on a form approved by the Plan Administrator that
contains the following information:
(1) The name of the person, or the names of the persons, on whose behalf the
Participant incurred the Eligible Medical or Dental Expenses and their
relationship to the Participant;
A description of the nature of the expenses incurred;
The amount of the requested reimbursements; and
4.1
4.2
4.3
4.4
(2)
(3)
ARTICLE IV
HEAL TH REIMBURSEMENT
13
~~",~.....~.~.'.='.'.="'"
(4)
4.5
A statement that such expenses have not otherwise been paid through
insurance or reimbursed fronIany other source.
All receipts (or photocopies of all receipts) for such Eligible Medical or Dental
Expenses.
Proof of the dates such Eligible Medical or Dental Expenses were incurred.
Proof of the Participant's payment of such Eligible Medical or Dental Expenses
(identifying the person, organization or company to which suchEligihle Medical
or Denta~ Expenses were paid).
Anyc1aim for reimbursement submitted to the Plan Administrator by the ParticipanUater
than the March 31st after the close of the Plan Year in which .the expense to which such
claim relates was incurred will not be eligible for reimbursementunder.this Plan.
Excess Reimbursement or Failure to. Use Amounts Available. If the reimbursement
provided by the Employer p ursUanl to the Plan fort be Plan Year exceeds the amount
credited to. the Participant's Health Reimbursement Account for ibePIan Year, the
Participant shaH repay such excess amount to the Empioyer. If a Participant's incurred
and properly submitted Eligible Medical or Dental Expenses for a Plan Yearare less than
the. amount credited to the Participant's Health Reimbursement Account for that Plan
Year, the excessoLthe amount credited to the Participant's Health Reimbursement
Account over the. Eligible Medical or. Dentai Expenses incurred and properly submitted
with respect to suchPlanYearshaU be forfeited and may not be utilized. for Eligible
Medical or Dental Expenses incurred in any subsequent Plan Year.
(b)
(c)
Cd}
14
""""""""""""""""""""""".'.'.'.'.'.'.'.'.'.'.'.'.w.'.'.'"",.",.....,.,.,.,.,.,.,.,.,.,.,.'.".'.'.'.'.'.'."."..............
5.1
ARTICLE V
DEPENDENT CARE REIMBURSEMENT ACCOUNT
502
Benefits Provided by the Dependent Care Reimbursement Account. Subject to the
provisions of this Article V, amounts credited to a Participant's Dependent Care
Reimbursement Account for each Plan Year shall be available to reimburse the
Participant for Dependent Care Expenses incurred during the Plan Year. Dependent Care
Expenses incurred before an Employee becomes a Participant or after an Employee
ceases to be a Participant shall not be eligible for reimbursement under this Plan. The
foregoing notwithstanding, if a Participant becomes ineligible to participate in the Plan
during a Plan Year due to a change from full-time to part-time employment status,
reimbursable expenses include Dependent Care Expenses incurred during the Plan Year
but after the Employee ceases to be a Participant.
Crediting .of Accounts. T he a mount that the Participant elects to have credited tot he
Participant's Dependent Care Reimbursement Account for the Plan Year shall be credited
to the Participant's Dependent Care Reimbursement Account over the course of such
Plan Year. As of a given date within the Plan Year, the amount credited to a Participant's
Dependent Care Assistance Account shall equal:
(1) The amount by which the Participant's compensation from the Employer
for the Plan Year has been reduced as of that date for amounts to be
credited to the Dependent Care Assistance Account for that Plan Year;
mmus
5.3
Amounts debited to the Participant's Dependent Care Assistance Account
for that Plan Year pursuant to (b) below.
Debiting of Accounts. A Participant's Dependent Care Reimbursement Account
for each Plan Year shall be debited from time to time by the amount of any
payment under this Article V to or for the benefit of the Participant for Dependent
Care Expenses incurred during such Plan Year. Amounts debited to a
Participant's Dependent Care Reimbursement Account shall be treated as
payments of the earliest amounts credited to that Account and not yet treated as
paid under this sentence, under a "first-in/first-out" approach.
Payment of Dependent Care Expense Reimbursements.
(a) Claims for Reimbursement. A Participant applying for reimbursement of
Dependent Care Expenses must submit the following to the Plan Administrator,
on a fonn approved by the Plan Administrator no later than the March 3 151 after
the end of the Plan Year in which such expenses are incurred:
(1) The amount, date, and nature of the expense with respect to which a
benefit is requested;
(2)
(b)
(2)
The name, address, and taxpayer identification number of the person,
organization, or entity to which the expense was or is to be paid;
The name of the Dependent for whom the expense was incuITed and the
relationship of such Dependent to the Participant; and
(3)
15
5.4
(4) Such other infonnation that the Plan Administrator may require.
Such applícation shaH be accompanied by bills, invoices, receipts, cance!!ed
checks or other statements showing the amounts of such expenses, together with
any additional documentation which the Plan Administrator may request
Any.. claim for reimbursement submitted to the Plan Administrator by the
ParticipantJaterthan the March 3151 after the close of the Plan Year in which the
expense to which~suchdaim relates was incurred will not be eligible for
reimbursement under this. Plan.
Reimbursement. or Payment of Expenses. The Employer shaH reimburse the
Participant fronT the Participant's Dependent Care Reimbursement Account for
Dependent Care Expenses incurred during the Plan Year, for whích the
Participant submits a written application and documentation in accordance with
(a). above. The Employer may, at its option, pay any such Dependent Care
Expenses~dírectlyl0 the Dependent Care service provider in lieu of reimbursing
the Participant. . No reimbursement or payment to a Participant under this Article
Vof expensesincurredduringa Plan Year shaH at any time exceed the balance of
the Participant's Dependent Care Reimbursement Account at the time of the
reimbursement or payment. The amount of any Dependent Care Expenses
incurred in a Plan Year that are not reimbursed or paid .as. a result of the preceding
sentence shaH be reimbursed or paid only if and when the balance in the
Participant's Account for such Plan Year is sufficient to pennit such
reimbursement or payment.
Excess Reimbursements or Failure to Use Amount Available. If the reimbursement
provided by the E rnpioyer pursuant tot he Plan for the Plan Year exceeds t he a mount
credited to the Participant's Dependent Care Reimbursement Account for the Plan Year,
the Participant shaH repay such. excess amount to the Employer. If a Participant's
jncurredand properly submitted Dependent Care Expenses fora Plan Year are less than
the amount credited to the Participant's Dependent Care Reimbursement Account for that
Plan Year, the excess of the amount credited to the Participant's Dependent Care
Reimbursement. Account over the Dependent Care Expenses incurred. and properly
submitted with respect to such Plan Year shaH be forfeitedanclmay not be utilized for
Dependent Care Expenses incurred in any subsequent Plan Year.
(b)
16
-'-""""""""""""""':':':':':':':':':':':'.'.'.'""""':':"':':':':':':':"':'."'.'.'.'.'.'.'.'.'.""""-'-"'-'-'-'-'-""-"".'.'.'.'.'.'.'.
6.1
6.2
ARTICLE VI
CONTINUATION COVERAGE UNDER
HEALTH REIMBURSEMENT ACCOUNT
Continuation Coverage After Termination of Normal Participation. During any Plan
Y car during which the Employer has more than 20 employees and notwithstanding any
other provision of this Plan to the contrary, each person who is a Qualified Beneficiary
described under Section 6.2 shall have the right to elect continued coverage for the
remainder of the Plan Year under the Health Reimbursement Account upon the
occurrence of a Qualifying Event. Such extended coverage under the Plan is known as
"Continuation Coverage."
Continuation Coverage, however, shaH not be available if, as of the Qualifying Event, the
sum of the premiums the Qualified Beneficiary must pay to obtain Continuation
Coverage for the remainder of the Plan Year pursuant to Section 6.10, equals or exceeds
the Qualified Beneficiary's remaining benefit for the Plan Year. The Qualified
Beneficiary's remaining benefit for the Plan Year shan be detennined by subtracting the
Participant's previously reimbursed Eligible Medical and Dental Expenses for the Plan
Year from the amount the Participant elected to have credited to the Health
Reimbursement Account for that Pian Year.
6.3
Qualified Beneficiary. A "Qualified Beneficiary" for purposes of this Article VI is any
person who, as of the day before a Qualifying Event, is:
(a) A Participant in a Health Reimbursement Account under the Plan;
(b) The Spouse of such a Participant; or
(c) The Dependent child of such a Participant.
A Participant can be a Qualified Beneficiary only if the Qualifying Event is described in
subsection (b) of Section 6.3. A retiree or other former employee actively participating in
the Plan by reason of a previous period of employment will be treated as a "Qualified
Beneficiary." A person is not a "Qualified Beneficiary" if, as of the date of the
Qualifying Event, the individual is covered under a Health Reimbursement Account
under the Plan by virtue of an election of Continuation Coverage by another person and is
not already a Qualified Beneficiary by reason of a prior Qualifying Event. Furthermore,
an individual who fails to elect Continuation Coverage within the election period
provided in Section 6.6, below, shall not be considered to be a Qualified Beneficiary.
Qualifying Event. Any of the following shall be considered a "Qualifying Event" if, but
for the Continuation Coverage available under this Article VI, such event would result in
a loss of coverage under the Health Reimbursement Account under this Plan:
(a) Death of a Participant.
(b) Tennination (other than by reason of gross misconduct) of the Participant's
employment or a reduction of hours of employment below any minimum level of
hours required for participation in this Plan. In the case of a Participant who:
(1) Does not return to covered employment at the end of an FMLA Leave, the
Qualifying Event of termination occurs on the earlier of the last day of the
17
-__mn__~_,,_--_~----n--u_-nn___~"_--
6.4
FMLA Leave or the date the Participant notifies the Employer of the
intention not t.o return to .active employment; or
Is absent more than 31 days due loa period ofdnty with the UnifOlmed
Services, the Qualifying Event occurs on the first day of such absence.
Divorce .orlegaLseparation ora Participant from the. Participant's Spouse.
A Participant becoming eligible to receive Medicare Benefits under Title XVIII of
the Social Security Act
(e) A Dependentchild.of a Participant ceasing to be a Dependent.
Benefit Available Under Continuation Coverage. A Participant who is eligible to elect t.o
continue coverage .under this Article VI shall have the right to . continue the level of
coverage in effect for. the Participant on the. day . before the Qualifying Event If a
Participant has a Spouse .and/or Dependent child(ren) at the time of a Qualifying Event
and does not or cannot . elect Continuation Coverage, the Sp.ouse and Dependent
child(ren) shall have the right to elect Continuation Coverage.
Notice Requirements.
(a) When an Employee becomes covered under a Health Reimbursement Account
under this Plan, the Plan Administrator must inform the Participant (and Spouse,
if any) in writing of the rights to continued coverage, as described in this Article
VI.
(2)
(c)
Cd)
6.5
(b)
The Employer shaH give the P Ian Administrator written notice 0 f a Q uahfying
Event described in Sections 6.3(a), (b), or (d) within 30 days of the occurrence
thereof
'WÏthin 14 days of receipt of the Employer's notice, the Plan Administrator shall
furnish each Quahfied Beneficiary with written notification of the tennination of
regular coverage under the Health Reimbursement Account under this Plan and
the r ightsofany s ueh Qualified Beneficiary! 0 elect Continuation C overage as
required by 42U.S,c.A. sections 300bb- I through 8, in accordance with the tenns
ofthisPlan.
(c)
(d)
6.6
In the case .of a Qualifying Event described in Section 6.3(c) or (e), a Participant
or Qualified Beneficiary who is a Spouse or Dependent child of such Participant
must notify the Plan. Administrator within .60 days of the OCCUITence thereof. The
Plan Administrator shall give written notification of Continuation Coverage rights
to any other affected Qualîfied Beneficiary within 14 days of its receipt of the
notice described. in this Section 6.5(d). Notwithstanding any of the foregoing,
notification to a Qualified Beneficiary who is a Spouse of a Covered Employee is
treated as notification to all other Qualified Beneficiaries residing with that person
at the time notification is made.
Election Period. AnyQualified Beneficiary entitled. to Continuation Coverage shall have
60 days from the . later .of the date coverage would otherwise. end or the date of the notice
required by. Section 6.5 .in which to return a signed election to the Plan Administrator
indicating the choice to continue benefits under this Plan.
18
.............................:.:.:.:.:.:.:.:.:.:.:.:.:..............................:.:.:.:.:.:.:.:................................w.....
6.8
Duration of Continuation Coverage. Unless otherwise tenninated pursuant to
Section 6.9, Continuation Coverage shall extend u ntiI the 1 ast day 0 f t he Plan Year in
which the Qualifying Event occurred.
Birth or Adoption of a Child. If a child is born to or placed for adoption with a fanner
Participant during a period of Continuation Coverage and such child is a Dependent, then
such child shall be treated as a Qualified Beneficiary eligible to elect Continuation
Coverage for the remainder of the Continuation Coverage period to which that child
would have been entitled had the child been a Dependent child at the time of the
Qualifying Event.
6.7
6.9
Automatic Tennination of Continuation Coverage.
automatically cease if:
Continuation Coverage shall
(d)
The Employer no longer offers group health coverage to any of its Employees;
The Required Monthly Premium, as defined under Section 6.10, for Continuation
Coverage is not timely paid within the period prescribed under Section 6.10;
An electing Qualified Beneficiary becomes covered under another group health
plan after making that ejection; or
An electing Qualified Beneficiary becomes eligible to receive benefits under
Medicare after making that election.
Required Monthly Premium. To obtain Continuation Coverage, a Qualified Beneficiary
must pay the Required Monthly Premium to the Plan Administrator. The amount of the
Required Monthly Premium shall be determined by the Plan Administrator based upon
the amount the Participant elected to contribute to the Health Reimbursement Account for
the Plan Year and as provided in 42 U.S.c.A. section 300bb-4. The Required Monthly
Premium is due as of the first day of each calendar month during which coverage is
continued under this Article VI. A Required Monthly Premium payment shall be
considered timely if it is made within 30 days after the date such payment is due.
The initial Required Monthly Premium for Continuation Coverage shall be considered
timely if paid by the later of the date which is 45 days after the date the Qualified
Beneficiary timely elects Continuation Coverage pursuant to Section 6.6 or which is 30
days after the first day of the first calendar month of Continuation Coverage. If the initial
Required Monthly Premium is timely, as described in the preceding sentence, but is paid
more than 30 days after the due date of a Required Monthly Premium for a month of
Continuation Coverage, the initial Required Monthly Premium shall include the Required
Monthly Premium for that month.
Continuation Coverage for Employees in the Uniformed Services. For purposes of this
Article V I, a Participant absent from work for more than 3 1 days in 0 rder to fulfill a
period of duty in the Uniformed Services has a Qualifying Event as of the first day of the
Participant's absence for such duty. Such individual shall be treated as any other
Qualified Beneficiary for all purposes of COBRA and this Article VI. The Plan
Administrator shall furnish the Participant a notice of the right to elect Continuation
Coverage as provided in this Article VI and the Plan Administrator shall afford the
Participant the opportunity to elect such Continuation Coverage. The maximum period
(a)
(b)
(c)
6.10
6.11
19
~--~_m,=m~~~-
~~-----~~..~...~.~
of coverage available to the Participant and the Participant's Spouse and Dependent
child(ren) under this Section 6.11, however, shaH be the lesser of:
(a) The period ending on the last day of the Plan Year during which the Participant's
absence began; or
(b)
The periodbeginníng on the date of the Participant's absence and ending the day
after the date on which the Participant fails to. apply for or return to active
employment with 'the Employer.
Continuation Coverage provided pursuant to this Section 6.11 shall tenninate as
described inS eetlon 6.9 (i.e., before the end 0 [t he maximum p criod described Í n the
preceding sentence) ifan event described in Section 6.9 Occurs.
20
................"".........:.:.:.:.:.:.Z.:....'.......................w.......~.".:.:.....:......................................"."."....0..........
Allocation 0 fA uthoritv. Except as tot hose functions reserved within the Plan tot he
Employer, the Plan Administrator shall control and manage the operation and
Administration of the Plan. The Plan Administrator shall have the exclusive right to
interpret the Plan and to decide all matters arising thereunder, including the right to
remedy possible ambiguities, inconsistencies, or omissions. All determinations of the
Plan Administrator or the Employer with respect to any matter hereunder shall be
conclusive and binding on all persons. Without limiting the generality of the foregoing,
the Plan Administrator shall have the following powers and duties:
(a) To require any person to furnish such reasonable information as the Plan
Administrator may request for the purpose of the proper administration of the
Plan as a condition to receiving any benefits under the Plan;
To make and enforce such rules and regulations and prescribe the use of such
forms as the Plan Administrator shall deem necessary for the efficient
administration of the Plan;
To decide any question concerning the Plan and/or the eligibility of any Employee
to participate in the Plan;
To determine the amount of benefits which shall be payable to any person; to
inform the Employer, as appropriate, of the amount of such benefits; and to
provide a full and fair review to any Participant whose claim for benefits has been
denied in whole or in part; and
To designate other persons to can-y out any duty or power which would otherwise
be a responsibility of the Plan Administrator, under the terms of the Plan.
Provision for Third-Party Plan Service Providers. The Plan Administrator may employ
the services of such persons as it may deem necessary or desirable in connection with the
operation of the Plan. The Plan Administrator, the Employer (and any person to whom it
may delegate any duty or power in connection with the administration of the Plan), and
all persons connected therewith may rely upon all tables, valuations, certificates, reports
and opinions furnished by any duly appointed actuary, accountant, (including employees
who are actuaries or accountants), consultant, third-party administrative service provider,
legal counsel (including employees who are attorneys), or other specialist, and they shall
be fully protected in respect to any action taken or permitted in good faith in reliance
thereon. All actions so taken or permitted shall be conclusive and binding as to all
persons.
Limitation of Liability. No officer or Employee of the Employer shaH incur any personal
liability for any act done or omitted to be done in good faith in connection with duties
imposed in connection with the Plan. Each officer and Employee shall be indemnified
and saved harmless by the Employer from and against any liability to which any such
officer or Employee may be subjected by reason of any good faith act or omission
performed in their 0 fficial 0 r fiduciary capacity with respect tot he Plan, including all
expenses reasonably incurred in their defense to the extent permitted by law.
7.1
(b)
(c)
(d)
7.2
7.3
ARTICLE VII
PLAN ADMINISTRATION
(e)
21
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7.5
7.6
7.7
7.4
Compensation of the Plan Administrator. The. Plan Administrator shall serve without
compensation for services rendered in such capacity, but all reasonable expenses incuITed
in the performance of the Plan Administrator's duties shall be paid by the Plan unless
paid by the Employer.
Bonding. Unless required by appJicable federal or state law, the Plan AdministratorshaJ!
not be required to give any bond or other security in any jurisdiction in connection with
the administration of this Plan.
Payment of Administrative Expenses. All reasonable expenses incuaed .in administering
the Plan, includingbutnot lìmited to administrative .fees and expenses owing to any third
party administrative service provider, actuary, consultant, accountant,attorney, specialist,
or other person or organization that may be employed by the Plan Administrator in
connection with the administration thereof, shall be paid by the Employer.
Disbursement Reports. . TheP Ian A dministrator shall issue directions to the Employer
concerning all benefits that are to be paid from the Employer's genera! assets pursuant to
the provisions ofthePlan.
22
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"""""""""""""""""""'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.',c,c""".,.".,.'.'.'.'.
8.1
8.2
ARTICLE VIII
CLAIMS PROCEDURE
Procedure if Benefits are Denied Under the Plan. Any Participant, Spouse or Dependent,
or such individual's duly authorized representative may file a claim for a Plan benefit to
which the claimant is entitled. Such a claim must be made in writing as described in
Article IV and Article V and delivered to the Plan Administrator, in person or by mail,
postage paid. Within 90 days after receipt of such claim, the Plan Administrator shall
send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole
or in part, of such claim, unless special circumstances require an extension of time for
processing the claim. In no event may the extension exceed 90 days from the end of the
initial period. If such extension is necessary, the claimant will be given a written notice
to this effect prior to the expiration of the initial 90-day period. The Plan Administrator
shall have full discretion to deny or grant a claim in whole or in part. If notice of the
denial and of claim is not furnished in accordance with this Section 8.1, the claim shall be
deemed denied and the claimant shall be pennitted to exercise his right to review
pursuant to Sections 8.3 and 8.4.
Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide,
to every claimant who is denied a claim for benefits, written notice setting forth in a
maImer designed to be understood by the claimant:
(a)
(b)
(c)
The specific reason or reasons for the denial;
Specific reference to pertinent Plan provisions on which the denial is based;
A description of any additional material or information necessary for the claimant
to perfect the claim and an explanation of why such material is necessary; and
An explanation of the Plan's claim review procedure.
(d)
8.3
Right to ReQuest Hearing on Benefit Denial. Within 60 days after the receipt by the
claimant of written notification of the denial (in whole or in part) of the claim, the
claimant, or the claimant's duly authorized representative, upon written application to the
Plan Administrator, in person or by certified mail, postage prepaid, may request a review
of such denial, may review pertinent documents, and may submit issues and comments in
writing.
Disposition of Disputed Claims. Upon its receipt of notice of a request for review, the
Plan Administrator shall make a prompt decision on the review. The decision on review
shall be written in a manner calculated to be understood by the claimant and shall include
specific reasons for the decision and specific references to the pertinent Plan previsions
on which the decision is based. The decision on review shall be made not later than 60
days after the Plan Administrator's receipt of a request for a review, unless special
circumstances require an extension of time for processing, in which case a decision shall
be rendered not later than 120 days after receipt of a request for review. If an extension
is necessary, the claimant shall be given written notice fort the extension prior to the
expiration of the initial 60-day period. After exhaustion of the claims procedures
provided under this Plan, nothing shall prevent any person from pursuing any other legal
or equitable remedy otherwise available.
8.4 .
23
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9.2
9.3
ARTICLE IX
AMENDMENT ORTERl\UNATION OF PLAN
9.1
Permanency. While the Employer fully expects that this Plan will continue indefinitely,
permanency ofthePlanwiH be subject to the Employer's right to amend or terminate the
Plan,asprovided in Sections 9.2 and 9.3 below.
Emplover's Right to Amend. The Employer reserves the right at any time or times to
amend the provisions of the Plan to any extent and in any manner that it may deem
advisable.
Emvlover'sRight to Tenninate. The Employer reserves the right to discontinue or
temlinate. the Plan at any time. without liability. Notwithstanding any other provision of
the Plan, the Employer, upon tem1Ínation of the. Plan, shall only be obligated to reimburse
a Participant for EEgibleMedica] or Dental Expenses incurred andproperIy submitted
pursuant to Article IV or for Dependent Care Expenses incurred and properly submitted
pursuant to Article V prior to . the date. of tennination (which would otherwise be
reimbursed pursuant to the tenns of this Plan).
24
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10.1
10.2
10.3
10.4
ARTICLE X
GENERAL PROVISIONS
10.5
No Employment Rights Conferred. Neither this Plan nor any action taken with respect to
it shall confer upon any person the right to be continued in the employment of the
Employer.
Pavments Upon Death of Participant. Notwithstanding Article VI, in the event of the
death of a Participant, the Participant's Spouse and/or estate may, pursuant to
Sections 4.4 and 5.3, request the reimbursement of any Eligible Medical or Dental
Expenses or Dependent Care Expenses incuITed prior to the date of the Participant's
death. Any benefits payable to a Participant following the date of death of such
Participant shall be paid to the Participant's Spouse, or, ifthere is no surviving Spouse, to
the Participant's estate, To the extent any amounts remain in a deceased Participant's
account, those amounts will be forfeited in accordance with Section 3.10.
Nonalienation. of Benefits. No benefit under the Plan shall be subject in any manner to
anticipation, alienation, s ale, transfer, assignment, pledge, encumbrance 0 r charge, and
any attempt to do so shaH be void. No benefit under the Plan shall in any manner be
liable for or subject to the debts, contracts, liabilities, engagements or torts of any person.
If any person entitled to benefits under the Plan becomes bankrupt or attempts to
anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under
the Plan, or if any attempt is made to subject any such benefit to the debt, contracts,
liabilities, engagements or torts of the person entitled to any such benefit, except as
specifically provided in the Plan, then such benefit shall be forfeited. Alternatively, the
Plan Administrator, in its sole direction, may hold or apply the same or any part thereof
for the benefit of any Spouse, Dependent or beneficiary of such person, in such manner
and proportion, as the Plan Administrator may deem proper.
Mental or Physical Incompetence. If the Plan Administrator determines that any person
entitled to payments under the Plan is incompetent by reason of physical or mental
disability, the Plan Administrator may cause all payments thereafter becoming due to
such person to be made to any other person for his or her benefit, without responsibility
to foHow the application of amounts so paid. Payments made pursuant to this Section
10.4 shall completely discharge the Plan Administrator and the Employer.
Benefits. All contributions made pursuant to the Plan and all benefits of the Plan shall
inure to the exclusive benefit of the Participants and their beneficiaries.
Benefits Solely From General Assets. The benefits provided hereunder will be paid
solely from the general assets of the Employer. Nothing herein win be construed to
require the Employer to maintain any fund or segregate any amount for the benefit of any
Participant, Participant's Spouse or Participant's Dependent and no Participant or other
person shall have any claim against, right to or security or other interest in any specific
fund, account or asset of the Employer from which any payment under the Plan may be
made. Any claim of a Participant or any other person to benefits under this Plan shall be
the claim of an unsecured creditor of the Employer.
Tax Effects. Neither the Employer nor the Plan Administrator makes any warranty or
other representation as to whether or not any payments received by a Participant
10.6
10.7
25
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hereunder will be treated as includible in gross income for federal or state income tax
purposes.
Multiple Function. Any person or group of persons may serve in more than one fiduciary
capacÌtywith respect to the Plan.
Gender and Number. Masculine pronouns include the feminine, feminine pronouns
include the masculine, and the singular shall include the plural unless the context
indicates otherwise.
10.10 Headings. The Article. and Section headings contained herein are for convenience of
referenceonty and shall n oth e construed as d efmingo r 1 imiting t he m aUer contained
thereunder.
10.8
10.9
10.11 Applicable Laws. The provisions of the Plan shall be construed, administered and
enforced according to. applicable federal law and the applicable laws of the State of
I!1inois.
10.12 Severability. Should. any part of this Pian subsequently be invalidated by a court of
competent jurisdiction,the remainder thereof shaH be given effectto the maximum extent
possible.
10.13 Premium Program Control Clause. A Premium Program. may be either self-funded by the
Employer or insured. ... In. the. event of a conflict. between the Premium Program's plan
document or insurance contract and this Plan, the tenus of the Premium Program's plan
document or insurance contract shaH control as to those participants .receiving coverage
under such Premium Program. For this purpose, thePremiurnProgram's plan document
or insurance contract shall.controI in defining the persons eligible for coverage under the
Premium Program, the dates of their eligibility, the conditions that. must he satisfied to
become covered under the Premium Program, if any, the benefits Participants are entitled
to and the circumstances under which coverage terminates.
The VILLAGE OF MOUNT PROSPECT has caused this instrument to be executed by its duly
authorized officer this_dayof ,2004.
VILLAGE OF MOUNT PROSPECT
By
26
..................'........... ..............................................
APPENDIX A
Premium Programs
1.
Village of Mount Prospect Group Health Plan
2.
Village of Mount Prospect Group - Term Life Insurance Plan
VilLAGEOf' lIlT. PROSPECT FLEXCOMP. PLAN--RESTATED 1_1_04
27
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF FINANCE
MAY 14, 2004
2003 TAX LEVY ABATEMENT
During the 2003 audit, a discrepancy was discovered in the Abatement Ordinance for the 2
Corporate and Municipal Purpose Tax Levy. Abatement amounts for four (4) debt service levies
listed in the original abatement ordinance do not correspond to the 2003 levy. Because of this, the
Village will need to repeal the original abatement ordinance passed in December and approve a
revised one. This can be accomplished with a single ordinance. The deadline for submitting revised
levy ordinances to Cook County is June 1 st.
The revised ordinance will not affect the net levy or extension in any way. The abatements that
listed the incorrect amount were for levies abated in their entirety. Listed below are the abatements
as they were originally recorded in December and the correct amounts included in the revised
ordinance.
D/S Levy
Original
Abatement
Revised
Abatement
1996 A&B (Ord. 4780)
1998 A&B (Ord. 4917)
1998 Taxable (Ord. 4977)
1999 (Ord. 4999)
212,740
966,933
150,385
523,200
215,180
960,427
149,175
707,900
Attached is the revised Abatement Ordinance for the 2003 Levy. I would like to have this placed on
the May 18th Board agenda, as this is the last meeting prior to the submittal deadline. I apologize for
the lateness of the request.
Please review the infonnation and let me know if you have any questions. Thanks.
l fi.<,~~,- ,/~'1. t(~5é~-
....-
DAVID O. ERB
DIRECTOR OF FINANCE
DOEI
Attachment
I:\Property Taxes\2003 Levy\Abatement Repeal.doc
~
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCE #5393
WHICH ABATED PARTS OF THE 2003 TAX LEVY AND RE-ESTABLISH
ABATEMENTS TO PARTS OF THE TAXES LEVIED FOR CORPORATE AND
MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT,
ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY I, 2003 AND
ENDING DECEMBER 31, 2003
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the - day of , 2004
Published in pamphlet fO1111 by
authority of the corporate authorities
of the Village of Mount Prospect, Illinois,
the - day of , 2004.
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCE #5393
WHICH ABATED PARTS OF THE 2003 TAX LEVY AND RE-ESTABLISH
ABATEMENTS TO PARTS OF THE TAXES LEVIED FOR CORPORATE AND
MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT,
ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1,2003 AND
ENDING DECEMBER 31, 2003
NOW, THEREFORE, BE IT ORDAINED BY THE President and Board of Trustees of the Village
of Mount Prospect, Cook County, Illinois as follows:
Section One: Ordinance 5393 approved by the President and Board of Trustees on December 16,
2003 is hereby repealed. The repeal provided for in this section does not impair the validity of any
tax levy or abatement passed prior to the enactment of this Ordinance.
Section Two: The President and Board of Trustees of the Village of Mount Prospect find as
foHows:
A.
That pursuant to Village Ordinance No.4 780 adopted March 6, 1996 and authorizing
issuance of general obligation bonds for financing flood control projects, capital
projects, and certain public improvements within the VHlage's District No.1 Tax
Increment Redevelopment Project Area there was levied for the year 2003 the sum of
$215,180.00 for bond principal and interest payments.
B.
That pursuant to Village Ordinance No. 4917 adopted March 18, 1998 and
authorizing issuance of general obligation bonds for financing flood control
improvement projects, street improvements and the acquisition of land within the
Village's District No.1 Tax Increment Redevelopment Project Area there was levied
for the year 2003 the sum of$960,426.25 for bond principal and interest payments.
c.
That pursuant to Village Ordinance No. 4977 adopted December 1, 1998 and
authorizing issuance of general obligation bonds for financing land acquisition costs
and other redevelopment costs within the Village's District No.1 Tax Increment
Redevelopment Project Area there was levied for 2003 the sum of$149,175.00 for
bond principal and interest payments.
D.
That pursuant to Village Ordinance No. 4999 adopted March 2, 1999 and authorizing
issuance of general obligation bonds for financing the acquisition orland within the
Village's District No.1 Tax Increment Redevelopment Project Area there was levied
for the year 2003 the sum of $707,900.00 for bond principal and interest payments.
Eo
That pursuant to ViUage Ordinance No. 5114 adopted June 6, 2000 and authorizing
issuance of general obligation bonds for financing various flood control capital
improvements there was levied for the year 2003 the sum of $111 ,497.50 for bond
principal and interest payments.
1
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F.
That pursuant to Village Ordinance No. 5212. adopted October 2, 2001 and
authorizing issuance of general obligation bonds for financing a portion of the
construction costs of a new village hall and parking structure there was levied for the
year 2003 the sum of $387, 178.00 for bond principal and interest payments.
G.
Thatpursuantto Village Ordinance No. 5236 adopted March 5,2002 and authorizing
the issuance of general obligation refunding bonds, .series 2002A, and general
obligation refunding bonds, Series 2002B, to refund the Village's Series. 1993A
bonds, Series 1993B bonds, and Series 1994A bonds, there. was levied for the year
2003 the sum of$1,898,975.00 for bond principal and interest payments.
H.
That pursuant to Village Ordinance No. 5301 adopted January 21, 2003 and
authorizing issuance .of general obligation bonds for financing a portion of the costs
of constructing a new village hall and community center. as wen as a multi-level
parking deck there was levied for the year 2003 the sum of $915,631.25 for bond
principal and interest payments.
1.
That as of December 1, .2003 there. has been collected, deposited to and on hand in
the Series 1996A and 1996B General Obligation Bond and Interest Funds the sum of
$215, 180.00 for application to bond principal and interest payments for the bonds
issued pursuant to Village Ordinance No. 4780 adopted March 6, 1996.
J.
That as. of December 1, 2003 tbere.has.been collected, deposited to and on hand in
the Series 1998A and 1998B General Obligation Bond and Interest Funds the sum of
$960,426.25Jorapplication to bond principal and interest payments for the bonds
issued pursuant to Village Ordinanc.e No. 4917 adopted March 18, 1998.
K.
That as. of December 1, 2003 there .is available in. the Village's Downtown
Redevelopment Fundthe amount of$149,175.00 for application to bond principal
and interest payments for the bonds issued pursuant to Village Ordinance No. 4977
adopted December 1, 1998.
L.
That as of December 1, 2003 there is available in the ViHage's Downtown
Redevelopment Fund the amount of $707,900.00 for application to bond principal
and interest payments Jor thehonds issued pursuant to Village Ordinance No. 4999
adopted March 2, 1999.
M.
That as of December 1,2003 there is available in. the Village's Series 2000 General
Obligation Bond and Interest Fund the sum of $111 ,497.50 for application to bond
principal andjnterestpayments. for the. bends i ssued. pursuant to. Village Ordinance
No.. 5114 adopted June 6, 2000.
N.
That as of December 1,2003 there is available in theViUage's Series 2001 General
Obligatio.n Bo.nd and Interest Fund and the Village's General Fund the sum of
$21.072.00 for applicatio.n to bond principal and interest payments for the bonds
issued pursuant to. Village Ordinance No..5212 adopted October 2,2001.
2
O.
That as of December 1,2003 there is available in the Village's Series 2002A and
Series 2002B Debt Service Funds the sum of $1,326,747 for application to bond
principal and interest payments for the bonds issued pursuant to Víllage Ordinance
No. 5236 adopted March 5, 2002.
p,
That as of December 1,2003 there has been collected, deposited to and on hand in
the General Fund the sum of $270,000 and Street Improvement Fund the sum of
$645,631,25 for application to bond principal and interest payments for the bonds
issued pursuant to Village Ordinance No, 5301 adopted January 21, 2003,
Section Two: It is hereby declared and determined by the President and Board of Trustees ofthe
Village of Mount Prospect that the amount of $215,180.00 levied for GoO. Bond and Interest
payments for the purpose of financing flood control projects, capital projects, and certain public
improvements within the Vil1age's District No.1 Tax Increment Redevelopment Project Area
pursuant to Village Ordinance No. 4780 be and the same is hereby abated in the amount of
$215,180.00 being the entire amount levied for such bond and interest payment purposes for the
fiscal year commencing January I, 2003 and ending December 31, 2003.
Se.ction Three: It is hereby declared and determined by the President and Board of Trustees ofthe
Village of Mount Prospect that the amount of $960,426.25 levied for GoO. Bond and Interest
payments for the purpose of financing flood control projects, street improvements and the
acquisition ofland within the Village's District No.1 Tax Increment Redevelopment Project Area
pursuant to Ordinance No. 4917 be and the same is hereby abated in the amount of $960,426.25
being the entire amount levied for such bond and interest payment purposes for the fiscal year
commencing January I, 2003 and ending December 31, 2003.
Section Four: It is hereby declared by the President and Board of Trustees ofthe Village of Mount
Prospect that the amount of$149, 175.00 levied for G.O. Bond and Interest payments for the purpose
of funding property acquisition within the Village's District No.1 Tax Increment Redevelopment
Project Area pursuant to Ordinance No. 4977 be and the same is hereby abated in the amount of
$149,175.00 being the entire amount levied for such bond and interest payment purposes for the
fiscal year commencing January 1, 2003 and ending December 31, 2003.
Section Five: It is hereby declared by the President and Board of Trustees of the Village of Mount
Prospect that the amount of$707 ,900.00 levied for G .0. Bond and Interest payments for the purpose
of funding property acquisition within the Village's District No.1 Tax Increment Redevelopment
Project Area pursuant to Ordinance No. 4999 be and the same is hereby abated in the amount of
$707,900.00 being the entire amount levied for such bond and interest payment purposes for the
fiscal year commencing January 1, 2003 and ending December 31, 2003.
Section Six: It is hereby declared by the President and Board of Trustees of the Village of Mount
Prospect that the amount of$111 ,497 .50 levied for G .0. Bond and Interest payments for the purpose
of funding various flood control capital improvements pursuant to Ordinance No. 5114 be and the
same is hereby abated in the amount of $111,497.50 being the entire amount levied for such bond
and interest payment purposes for the fiscal year commencing January 1,2003 and ending December
31,2003,
3
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Section Seven: It is hereby declared by the President and Board of Trustees of the Village of
Mount Prospect that the amountof$387, 178.00 levied foro.O. Bond andInterest payments for the
purpose of funding a portion of the. construction costs of a new. village ball .and parking structure
pursuant to Ordinance No. 5212 be and the same is hereby abated in the amount of $21,072.00,
leaving a balance of$366, 106.00 as that amount levied for such bond and interest payments for the
fiscal year commencing January 1, 2003 and ending December 31,2003.
Section Eight: It is herebydedared by the President and Board of Trustees of the Village of
Mount Prospect that the. amount of$ I ,898,975.00 levied for GO.. Bond and Interest payments for
the purpose of refunding a portion of the Series 1993A, Series 1993B and Series 1994A bonds
pursuant to Ordinance. No. 5236 be and the same. is hereby abated in tbe.amount of$I,326,747.00,
leaving a balance of$572,228.00 as that amount levied for such bond and interest payments for the
fiscal. year commencing January 1, 2003 and ending December 31, 2003.
Section Nine: It is hereby declared and determined by the President and Board of Truste.es of the
Village of Mount Prospect that .theamount of $915,631.25 levied for G.O. Bond and Interest
payments for the purpose of financing a portion of the costs of constructing anew viHage hall and
community center and parking deck pursuant to Ordinance No. 5301 be and the same is hereby
abated in the amount of$915,631.25 being the entire amount levied for such bond and interest
payment purposes for the fiscal year commencing January I, 2003 .and ending December 31, 2003.
Section Ten: ViUageOrdinance Nos. 4780,4917,4977,4999,5114,5212,5236 and 5301 are and
each is hereby amended withrespecUo the tax abatements declared herein and setforth in Sections
Two through Nine ofthis.Ordinance.
Section Eleven: The Village Clerk of the ViHage of Mount Prospect is hereby authorized and
direc.ted to file a certified copy of this Ordinance with the County Clerk of Cook County, Hlinois
within the time specified by law:
4
Section Twelve: This Ordinance shall be in fun force and effect upon its passage, approval and
publication in pamphlet form and filing as provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this - day of
,2004.
Gerald L. Farley, Village President
ATTEST:
Kimberly Dewis, Deputy Village Clerk
5
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