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HomeMy WebLinkAbout5. New Business 06/18/2013& r� I Mount Prospect Public Works Departmen"I _fr! INTE ME TO: VILLAGE MANAGER MICHAEL E. JANONIS SUBJECT: APRIL TRANSPORTATION SAFETY COMMISSION MEETING COTT ONWOOD • PED E STRIAN CR IM The Transportation Safety Commission transmits their recommendation to construct two raised median islands on Cottonwood Drive at Circle Drive and prohibit parking along the south side of Cottonwood Drive 110' east and west of the centerline of Circle Drive. Cottonwood Drive is a local residential street south of Golf Road and east of Busse Road. It experiences approximately 1200 vehicles per day and has single family homes to the north and multi - family housing to the south. Parking is currently prohibited at all times along the north side of the street. Frost Elementary School, a District 59 school, is located one block north of Cottonwood Drive in the neighborhood. One of the primary street crossings for students is Cottonwood Drive at Circle Drive. It is a T- intersection with a single Stop sign on the terminating street, Circle Drive. There are painted crosswalks and school crossing signs along both Cottonwood Drive and Circle Drive. During a recent study on a school day, the Engineering Division observed 96 pedestrians during the morning peak hour and 154 pedestrians during the afternoon peak hour crossing the street. The school administration and Parent Teacher Organization (PTO) brought to our attention over the winter a safety concern with students crossing at this intersection. According to complaints from parents, some motorists do not stop for students attempting to cross the street and others are speeding. The Engineering Division monitored the intersection and compared it to other uncontrolled school crossings in the Village. It was determined this intersection experiences a higher than average amount of pedestrian activity and additional safety measures should be considered. Additional Stop signs on Cottonwood Drive were not recommended during the Neighborhood Traffic Study and were not recommended during this review. The school was asked to consider adding a crossing guard but could not commit to providing one daily. Other permanent measures were then considered that would enhance pedestrian safety while slowing vehicles through the intersection. The plan that received support from the school district and PTO includes two raised median islands on Cottonwood Drive, one on either side of Circle Drive. Work would include concrete curb and gutter, decorative unit pavers similar to the downtown streetscape, signage and pavement markings. The raised median islands have proven effective in other parts of the Village in slowing vehicles. On the islands would be Stop for Pedestrian signs which have proven effective in making motorists aware of pedestrians crossing the street. They would be left in -place year round. And the pavement markings page 1 of 2 April Transportation Safety Commission Meeting June 5, 2013 would serve as a continuation of the islands while allowing large vehicles such as buses and fire department vehicles to turn without riding on the raised median islands. The work would be done as part of the street resurfacing program and paid using the Traffic Improvement Account. It would start after the end of the school year in June and be completed prior to the start of the new school year in August. The cost estimate for this project is $9,800.00. This is approximately $5,500.00 less than expected as there would be no cost to the Village for the decorative unit pavers or labor to install them. Unilock, the company that has supplied the decorative unit pavers in the downtown over the years, has a new product (same look) that is to be more durable and keep its color longer. They have offered to put their product to the test with this project at no cost to the Village. With this plan, parking would need to be prohibited along the south side of Cottonwood Drive within the influence of the raised median islands in order to safely and efficiently move traffic. The travel lanes in both directions would be narrowed to slow vehicles and not wide enough to accommodate parking. There would still be available on- street parking on other sections of Cottonwood Drive and off - street parking in parking lots behind the apartments and driveways. As part of the study, 40 surveys were sent to nearby properties as well as the property management company of Cottonwood Apartments soliciting their input on this issue. Only two completed surveys (5 %) were returned. One was against prohibiting on- street parking on the south side of Cottonwood Drive and the other suggested adding Stop signs on Cottonwood Drive. This issue was presented at the April 8, 2013 Transportation Safety Commission Meeting. Two members of the PTO, both supportive of the plan, were in attendance. At the end of the discussion the Commission supported the Engineering Division's recommendations. By a vote of 6 -0, the Transportation Safety Commission recommends the following: • construct two raised median islands and install in- street Stop for Pedestrian signs and pavement markings per the Engineering Division's plan. • enact an ordinance that prohibits parking at all times along the south side of Cottonwood Drive 110' east and west of the centerline of Circle Drive. (Section 18.2006) Please include this item on the June 18 Village Board Meeting Agenda. Enclosed are the Transportation Safety Commission Minutes from the meeting as well as an engineering drawing for your reference. atthew P. L M a...,.. wrie Attachments c: Director of Public Works Sean Dorsey Deputy Director of Public Works Jason Leib Village Engineer Jeff Wulbecker Village Clerk Lisa Angell h:I engineering � traffic �safety_ commission�recommendations�TSC- aprill3rec.docx page 2 of 2 ON., U w Q- V) O ry a_ Z O LL- O w 0 Q J J CA Director Sean P. Dorsey Mount Prospect Public Works Department 1780V% Central Road, Mount Prospect, |0noiwGOOG6-2229 MINUTES OF THE MOUNT PROSPECT TRANSPORTATION SAFETY COMMISSION DRAFT CALL TO ORDER Deputy Director Jason H. Leib The regular meeting of the Mount Prospect Transportation Safety Commission was called to order at ROLL CALL Present upon roll call: John Keane Angel Campos Robert Fisher Caro|ToMoreUo Bob Smith Pou|0ures Matt Lawrie Chairman Commissioner Commissioner Commissioner Police Department Representative Public Works Representative Traffic Engineer —Staff Liaison Absent: ChmckBenoic Commissioner JusiinKuehlthau Commissioner Henry Dawson Fire Department Representative Others inAttendance: See attached attendance sheet APPROVAL OF MINUTES Commissioner Fisher, seconded 6v Mr. Bureo moved to approve the minutes of the regular meeting of the Transportation Safety Commission held on February 11, 2013. The minutes were approved by vote ofS'O with Commissioner Campos abstaining. CITIZENS TO BE HEARD There was no one in attendance that spoke on an issue not on the agenda. TSC Meeting Page I of 5 April 8, 2013 OLD BUSINESS There was no old business to discuss. NEW BUSINESS A. COTTONWOOD DRIVE & CIRCLE DRIVE PEDESTRIAN CROSSING IMPROVEMENTS 1) Background Information The Robert Frost Elementary School administration and Parent Teacher Organization (PTO) approached the Village with concerns about pedestrian safety at the intersection of Cottonwood Drive and Circle Drive. School administration and parents have explained that motorists often speed nnCottonwood Drive and dm not stop tm allow students to cross the street. They have requested the Village consider additional safety measures at the intersection. Current Traffic Regulations 1. Parking is prohibited along the north side of Cottonwood Drive for its entire length. 2. Circle Drive is one-way southbound on school days from 8:30-9:30AM and 3:00-4:00 PM. 3. Parking is prohibited between 2:OOAM and 6:OOAM on all Village streets. Current Layout 1. Cottonwood Drive is31' wide (bach'of-curbtohach'of-curb). 2. Circle Drive is 28' wide (back-of-curbtohVck'of-curb). ]. Circle Drive terminates at Cottonwood Drive creating a three-legged intersection. 4. There are single family houses on the north side of Cottonwood Drive. S. Cottonwood Apartments are nn the south side of Cottonwood Drive. 6. Frost Elementary School ia one block north at Circle Drive and Frost Drive. 7. The intersection is controlled with a Stop sign onCircle Drive. Q. The speed limit pn Cottonwood Drive and Circle Drive is25mph. 9. There are painted crosswalks and school crossing signs across all three legs of the intersection, Current Traffic Conditions 1. The average daily traffic on Cottonwood Drive isapproximately 1,200 vehicles. 3. The average daily traffic on Circle Drive isapproximately 200 vehicles. 9. The average and 851' percentile speeds on Cottonwood Drive are 25 mph and 31 mph, respectively. 4. Pedestrian counts were gathered in December 2012 at the intersection. 41 students crossed Cottonwood Drive from 8:15'9:15AK4. 92 students crossed Cottonwood Drive from 3:00'4:001 5. Sporadic parking has been observed on the south side of Cottonwood Drive, mostly used by visitors of the Cottonwood Apartments. 2) Analysis 1. The intersection of Cottonwood Drive & Circle Drive was evaluated as part of the Neighborhood Traffic Study. Before the study, there were no Stop or Yield signs atthe intersection. With the study, all-way Stop signs were not warranted. 2. The school has not been able to provide acrossing guard at the intersection and the Police Department cannot provide this service. TSC Meeting Page 2 of 5 April 8, 2013 3. The intersection experiences a higher than average amount of student crossings and vehicles during the school day compared to other intersections near schools without o crossing guard. Because of this, it is recommended that additional safety measures be considered. 4. Cottonwood Drive does qualify for traffic calming measures (as appropriate) per the Neighborhood Traffic Calming Program based on traffic volume. S. |n-street Stop for Pedestrian signs have been beneficial at the intersection of Prospect Avenue {k Maple Street in the downtown. The signs were installed inthe pavement in2O1O. Motorists use greater caution traveling through the intersection making it safer for commuters. The signs, however, are removed in the winter so as to not interfere with snow plow operations. 6. The Engineering Division considered various options to enhance safety atthe intersection for students crossing Cottonwood Drive. The favored solution includes constructing raised median islands and installing in'streetStup for Pedestrian signs on them. The signs would he left in place all year round, since they would he protected by the raised median islands, as o constant reminder for motorists to use caution. The islands would also narrow the travel lanes slowing vehicles. 7. Raised median islands would need to be designed to accommodate the turning patterns of large vehicles such em fire trucks, buses and delivery trucks. 8. The approximate cost to construct two raised median islands with decorative brick in the center, signs and pavement markings io$7,00D.00. Funds are available in the 2013Village Budget for this work. 9. On-street parking along the south side of Cottonwood Drive would have to be prohibited within the influence of the raised median islands in order to not obstruct through traffic. This would affect 22O/of on-street parking. 10. If approved, construction would begin soon after the end of the school year and be completed prior to the start of the new school year. 3) Resident Survey As part of the study, 40 surveys were sent to nearby properties as well as the property management company of Cottonwood Apartments soliciting their input on this issue. Only 2 completed surveys (5Y6) were returned. Both opposed the proposal. One was against prohibiting on-street parking on the south side of Cottonwood Drive and the other suggested adding Stop signs on Cottonwood Drive asa better solution. 4\ Recommendations It would be ideal to have o crossing guard at the intersection of Cottonwood Drive and Circle Drive on school days during the morning and afternoon bn assist students. Since, however, neither the school nor the Police Department can provide o crossing guard it is recommended that additional safety measures supplement the school crossing signs and crosswalks. In-street Stop for Pedestrian signs have proven effective in making motorists aware of pedestrians crossing the street. And raised median islands have proven effective in other parts of the Village in slowing vehicles. These measures along with the existing school crossing signs and crosswalks should provide a higher level of safety for students given the current traffic conditions. With these improvements on-street parking would need tpbe prohibited within the influence of the raised median islands moasto not obstruct through traffic. Parking ia already prohibited on the north side mf the street. A new ordinance would need tobe enacted prohibiting parking for 220' on the south side of Cottonwood Drive. While this would directly impact those residents TSC Meeting Page 3 of 5 April 8, 2013 adjacent to the raised median islands there would continue to be ample on-street parking along Cottonwood Drive. If approved by the Transportation Safety Commission and Village Board of Trustees, the Engineering Division would develop detailed construction drawings for the work. Construction vvuu|d take place during the xumornar as part of the annual street resurfacing program. There are available funds in the J013 Village Budget for the work. 5) Discussion Chairman Keane introduced the item and asked Traffic Engineer Lawrie to present the Engineering Division's report and recommendations. Traffic Engineer Lawrie provided the Commission with background, analysis and recommendations. He also shared feedback he received from the resident survey. The Commission asked Traffic Engineer Lawrie a few clarifying questions regarding the design of the raised median islands and the cost. Traffic Engineer Lawrie mentioned the cost isexpected to be relatively inexpensive as the brick will be provided and installed atno cost tn the Village. This is because the same brick manufacturer who supplied the brick in the downtown is introducing a new product and would like to test it at this location for the Village's evaluation. Chairman Keane opened the discussion to the audience. Mark Kowalczyk, 1420 Robert Drive, is part of the PTO and stated his concerns with the crossing at Cottonwood Drive and Circle Drive. He also brought upa concern for students' safety atthe intersection of Willow Lune and Robert Drive. A paved path behind the school leads tothis intersection and many parents wait atthis location to pick up their child. Mc Kowalczyk stated that vehicles park on both sides of the street congesting the area. And with speeding vehicles and students walking between cars, itisa dangerous situation. Krisd Brockk, 1109 Birch Drive is part of the PTO and also expressed her concerns at Willow Lane and Robert Drive. Commander Smith asked if the concerns are evident both in the morning and afternoon. Mr. Kowalczyk and Mn. DnouWe said they were prhnuhk/ in the afternoon from 3:15 to 3:45 PM. Commander Smith said he would have the afternoon Police Department shift monitor the area and place the speed feedback trailer on Willow Lane. Traffic Engineer Lawrie said he too would monitor the area and consider adding temporary flashing red lights on the stop signs as a reminder tmmotorists. Commissioner Keane told the audience that any potential changes at Willow Lane and Robert Drive may have to come back to the Transportation Safety Commission for discussion. Tonight they would only be making a decision for the concerns at Cottonwood Drive and Circle Drive. The Commission returned the discussion to Cottonwood Drive and Circle Drive. Commissioner Fisher asked about the possibility ofhaving parents ur teachers serve as crossing guards. Other schools in Mount Prospect were cited ay having crossing guards. Traffic Engineer Lawrie said the school district has concerns with liability having parents as crossing guards and there are no current provisions tm have teachers at the crosswalks. Mr. Kowalczyk and Ms. 0rorhieconcurred and said the issue continues to he discussed but there are no immediate plans to add crossing guards. TSC Meeting Page 4 of 5 April 8, 2013 Commissioner Tortorello suggested the proposed parking prohibition on the south side of Cottonwood Drive be extended beyond the limits of the raised median islands to allow for greater transition around the islands. Other Commission members were concerned about removing additional on- street parking beyond what was proposed. Mr. Kowalczyk brought up another concern along Frost Drive in front of the school. He said many parents park on both sides of the street in violation of the signs that prohibit parking on the south side. Commander Smith said he would request officers monitor the area and remind parents of the parking regulations. Traffic Engineer Lawrie suggested the school add an article in the newsletter as a reminder as well. Chairman Keane brought the issue back to the Commission. After some additional discussion about on- street parking along Cottonwood Drive, there was consensus that if necessary the prohibited parking area could be extended if there were any issues. Commissioner Fisher made a motion to concur with the recommendations as presented by Traffic Engineer Lawrie. The motion was seconded by Commander Smith. The motion was approved by a vote of 6 -0. COMMISSION ISSUES Commissioner Campos asked the status of the sight obstruction issue at the Dunkin Donuts at Golf Road and Busse Road. Traffic Engineer Lawrie said the bushes in question have been removed by the Village Forestry Division improving the sight line for motorists exiting Dunkin Donuts. Commissioner Tortorello heard See -Gwun Avenue was going to be resurfaced this summer and asked if the speed humps would be replaced with the project. Mr. Bures responded that the project involves storm sewer improvements and the work will require some excavation in the roadway. Upon completion, any portion of the roadway damaged including speed humps will be replaced. ADJOURNMENT With no further business to discuss, the Transportation Safety Commission voted 6 -0 to adjourn at 8:10 p.m. upon the motion of Commissioner Tortorello. Commissioner Campos seconded the motion. Respectfully submitted, _ ( Matthew P. Lawrie, P.E." Traffic Engineer h: \engineering\ traffic \safety_comm ission \recs &m ins \TSC -a prill3min.docx TSC Meeting Page 5 of 5 April 8, 2013 MEETING NAME ADDRESS "(Z (C t4d W 1�4-C 7 IC lkzo 5 T? vz- PHONE NUMBER *1 s7 6 2 o (- x / 4 Iloq S. D ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2006, "SCHEDULE VI of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding the following: "Name of Street Side of Street Description Cottonwood Drive Centerline SECTION TWO: 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 , 2013. ________________________________ Arlene A. Juracek Mayor ATTEST: ________________________________ M. Lisa Angell Village Clerk Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM 1 11 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: JUNE 12, 2013 SUBJECT: 2013 BUDGET AMENDMENT NO. 2 PURPOSE: Present a recommendation that the annual budget be amended for fiscal year begi. January 1, 2013 and ending December 31, 2013. ing BACKGROUND: Ordinance 6046, adopted December 18, 2012, established the annual budget for the year ending December 31, 2013. Ordinance 6059 adopted on March 18, 2013 provided for amendment #1 of the 2013 budget. DISCUSSION: Each year the Village prepares two or more amendments impacting revenues and /or expenses to the current year's budget. The first of these amendments is typically prepared in Spring and amends the budget for carry-over items from the prior year's budget. Accounts adjusted in the first amendment are typically for capital projects started in the previous year but not completed. The amendment being brought forward for consideration adjusts the budget for material variations in expenditures that are the result of extraordinary or unanticipated charges for expenditures that occurred during the first half of the year. These amendments are a necessary to comply with the Budget Officer Act. A proposed ordinance amending the 2013 annual budget is attached for the Board's consideration. In total, this amendment increases the budget for expenditures by $902,081 Adjustments to the budget impacting expenditures are made up of adjustments to commodity, contractual service and capital accounts. Of the $902,081 in total amendments, $416,150 occurs in the General Fund, $194,400 occurs in the Capital Improvement Fund and $140,711 occurs in the Business District Fund. The balance of amendments is spread out among four (4) other Village Funds. w 0 I 2013 Budget Amendment No. 2 June 12, 2013 Page 2 RECOMMENDATION: It is recommended the Village Board adopt the proposed budget amendment #2 for the 2013 annual budget. David O. Erb Finance Director Copy: Finance Commission Department Directors DOE/ HAACCTSUDGET AMENDMENTS\Budget Amendments - Ordinances, Cover Memos, Presentation Materials \Board Memo Amendment #2 - June 2013.docx ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the day of , 2013 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the _ day of , 2013. ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. 2342 which sets the finances of the Village under the "Budget Officer System "; and WHEREAS, pursuant to the aforesaid Ordinance and the Statutes of the State of Illinois an annual budget for the fiscal year commencing January 1, 2013 and ending December 31, 2013 was adopted through the passage of Ordinance No. 6046 approved by the Corporate Authorities of the Village of Mount Prospect on December 18, 2012; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. 6059 on March 19, 2013, amending the annual budget for the fiscal year commencing January 1, 2013 and ending December 31, 2013; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have further reviewed certain additions and changes to the aforesaid budget for the fiscal year beginning January 1, 2013 and ending December 31, 2013; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the changes, as specified on the attached January 1, 2013 through December 31, 2013 Budget Amendment No. 2 to be in the best interest of the Village of Mount Prospect; and WHEREAS, the Village has now revised the revenue projections or has reserves in each of the Funds in which the budget is being increased adequate in amount to cover the budget changes reflected in Budget Amendment No. 2, attached hereto. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE That the fiscal year budget for January 1, 2013 through December 31, 2013 for w... WW_W_WW the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 2 attached hereto. SECTION TWO That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this day of , 2013. Arlene A. Juracek Mayor ATTEST M. Lisa Angell Village Clerk VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2013 through December 31, 2013 Expenditures Fund /Account Number Account Description Current Amended Budget Increase Budget Amount (Decrease) Amount 001 General Fund 001.20.21.00.0.050.531.001 001.20.21.00.0.050.531.006 001.20.22.00.0.000.551.001 001.20.25.00.0.000.525.004 001.20.25.00.0.000.530.006 001.30.01.00.0.000.530.006 001.30.01.00.0.000.604.001 001.30.01.00.0.000.608.001 001.60.01.00.0.000.551.001 001.60.61.66.0.000.551.001 001.70.71.00.0.000.665.045 001.70.72.00.0.000.503.001 001.70.72.00.0.000.545.011 001.89.69.00.8.801.503.001 001.89.69.00.8.801.511.002 001.89.79.00.8.801.608.001 001.89.89.00.8.801.503.001 001.89.89.00.8.801.511.001 001.89.89.00.8.801.511.002 001.89.89.00.8.801.547.001 001.89.89.00.8.801.574.020 001.89.89.00.8.801.608.001 All other General Fund accounts Total General Fund Legal - General Counsel Legal- Prosecutor Copier Lease Payment Training Other Prof. Serv. Other Prof. Serv. Office Equipment Other Supplies Copier Lease Payment Copier Lease Payment Turn Out Clothing Overtime Fire Prevention & Safety Grant Overtime Medicare Other Supplies Overtime Social Security Medicare Other Eqpt Rental Other Services Other Supplies 400,000 250,000 650,000 - 5,000 5,000 7,700 5,900 13,600 400 2,000 2,400 13,098 10,000 23,098 13,500 15,000 28,500 930 500 1,430 1,250 100 1,350 8,300 3,600 11,900 2,500 3,800 6,300 - 1,400 1,400 22,591 1,290 23,881 - 22,250 22,250 - 1,000 1,000 - 10 10 - 1,000 1,000 - 74,000 74,000 - 5,000 5,000 - 1,100 1,100 - 2,000 2,000 11,000 11,000 - 200 200 470,269 416,150 886,419 43,862,579 - 43,862,579 44,332,848 416,150 44,748,998 020 Capital Improvement Fund 020.30.90.00.0.707.561.001 Financial Software All other Capital Improvement Fund accounts Total Capital Improvement Fund 042 Cmmty Development Block Grant 042.40.41.00.0.154.636.012 Single Family Rehab 042.40.41.00.0.154.636.026 Alden Senior Housing Project All other Cmmty Development Block Grant accounts Total Cmmty Development Block Grant 045 DUI Fine Fund 045.60.61.65.0.000.560.002 All other DUI Fine Fund accounts Total DUI Fine Fund - 194,400 194,400 - 194,400 194,400 2,310,702 - 2,310,702 2,310,702 194,400 2,505,102 254,000 (1,000) 253,000 - 51 „000 51,000 254,000 50,000 304,000 206,409 - 206,409 460,409 50,000 510,409 Comp Programming - 2,200 2,200 - 2,200 2,200 11,000 - 11,000 11,000 2,200 13,200 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2013 through December 31, 2013 Expenditures Fund /Account Number Account Description Current Amended Budget Increase Budget Amount (Decrease) Amount 048 Business District Fund 048.00.00.00.0.775.691.002 Randhurst RDA Interest All other Business District Fund accounts Total Business District Fund 050 Water and Sewer Fund 050.80.84.00.0.000.530.006 Other Prof. Serv. All other Water and Sewer Fund accounts Total Water and Sewer Fund 063 Risk Management Fund 063.00.00.00.4.000.530.006 063.00.00.00.4.000.595.004 063.00.00.00.4.000.596.002 063.00.00.00.4.000.596.004 063.00.00.00.4.000.596.005 063.00.00.00.4.000.596.008 Other Prof. Serv. Workers' Comp Property Insurance Workers' Comp. Ins. Faithful Performance Other Insurance All other Risk Management Fund accounts Total Risk Management Fund Total Village Budget Funds being changed All other Village Budget Accounts Total Village Budget after Changes 496,521 140,711 637,232 496,521 140,711 637,232 14, 799, 326 19 „790 14, 819,116 106,850 496,521 140,711 637,232 26 „713 19 „790 46,503 26,713 19,790 46,503 14,772,613 - 14,772,613 14, 799, 326 19 „790 14, 819,116 7,500 4,000 11,500 .. 61,000 61,000 104,500 2,350 106,850 59,500 11,250 70,750 2,500 180 2,680 2,200 50 2,250 176,200 78,830 255,030 7,490,162 - 7,490,162 7,666,362 78,830 7,745,192 70,077,168 902,081 70,979,249 28,935,182 - 28,935,182 99,012,350 902,081 99,914,431 2 îð Òò É¿½µ»® Ü®·ª»ô ͬ» ïêêð ïëðïð Íò οª·²·¿ ߪ»²«»ô ͬ» ïð ݸ·½¿¹±ô ×´´·²±·­ êðêðêóîçðí Ñ®´¿²¼ п®µô ×´´·²±·­ êðìêîóëíëí íïî çèì êìðð íïî çèì êììì éðè íìç íèèè éðè íìç ïëðê é÷é÷ ÜÜ íïî çèì êìîð »³¸·´´àµ¬¶´¿©ò½±³ ©©©òµ¬¶´¿©ò½±³ M E M O R A N D U M TO: Michael E. Janonis FROM: Everette M. Hill, Jr. DATE: June 11, 2013 RE: Hazardous Materials/Spiller Pay Ordinance Article XX, Hazardous Materials Regulations, of Chapter 23 25 years. Although it holds up pretty well, it does need some updating in light of reported cases involving similar ordinances. This proposed ordinance will more clearly define the parameters of each item for which the Village is entitled to reimbursement and appropriately separates the definition of the incident from the designation of the materials which we deem to be hazardous. It also eliminates the awkwardness of the language which declares the illegality of the spill. Likewise, the new ordinance will make it clear that there is a mandatory penal sum to be paid that is in addition to any of the reimbursement to which the village might be entitled. 309995_1 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 23 OFFENSES AND MISCELLANEOUS REGULATIONS OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Sections of Chapter 23 Offenses and Miscellaneous Regulations Village Code shall be deleted in their entirety and inserting in lieu thereof the following new Sections 23.2001 through 23.2006 as follows: ARTICLE XX HAZARDOUS MATERIALS REGULATIONS 23.2001: SPILLS PROHIBITED It shall be unlawful, whether intentional or unintentional, for any person, firm or corporation to release, emit, spill or leak any Hazardous Material(s) in the Village. 23.2002: DEFINITIONS For the purpose of this chapter, these words and phrases shall have the following meanings: EXPENSES TO THE VILLAGE: All costs and expenses of the Village incurred in the clean up or abatement of Hazardous Material(s) or the extinguishing of a fire involving Hazardous Material(s). This shall include the following: (1) actual labor costs of Village personnel involved in the clean up or abatement of the discharge(s) or fire including w administrative overhead; (2) any medical expenses; immediate or long term, of personnel exposed to the Hazardous Material(s); (3) cost of equipment operation; (4) municipal damage or loss as determined by the Village; (5) cost of materials; (6) repair; (7) cost of any labor and material(s) expended through the retention of other parties to assist in clean up, abatement and/or repair of the property in the area of the incident; and (8) all other expenses reasonably incidental to the Hazardous Material(s) Incident. For the purpose of this Article condition that existed immediately prior to the incident. HAZARDOUS MATERIAL(S): Hazardous Material(s) shall include, but not be limited to, explosives, compressed gases, flammable and combustible liquids, flammable and water reactive solids, oxidizers and peroxides, poisons, radioactive materials, corrosives or otherwise regulated materials or any 309435_1 substance determined to be hazardous or toxic under any federal or state law, statute or regulation. HAZARDOUS MATERIAL(S) INCIDENT: The leakage, release, seepage or emission of any Hazardous Material(s) which, due to its quantity, form concentration, location or other characteristics, is determined by the fire chief or his or her authorized representative, based upon a reasonable degree of scientific certainty, to pose a risk to the life, health or safety of persons, property . or the environment VILLAGE: Any department or division of the Village of Mount Prospect. 23.2003: HAZARDOUS MATERIAL RESPONSE; COST OF REIMBURSEMENT; FAULT The person or companies in immediate control or possession of the Hazardous Material(s) at a Hazardous Material(s) Incident shall be responsible for reimbursement to the Village for all Expenses to the Village. There shall be joint and several liability for reimbursement among the person(s) or entities in immediate control of the Hazardous Material(s), the shipper, the manufacturer, the distributor, the transporter of the Hazardous Material(s) and/or third parties having caused or contributed to the cause of the release of the Hazardous Material(s). The fault of the entity in immediate control or possession shall not be an issue in the attachment of this liability. 23.2004: DISTRIBUTION OF REIMBURSED COSTS; REPLACEMENT OF MATERIAL(S) AND/OR OTHER EXPENSES The reimbursement funds may be, but not by way of limitation, used as follows: to replenish the supplies used by the Village at the scene of the Hazardous Material(s) Incident. Such supplies may include, but shall not be limited to, protective clothing, absorbents, neutralizing chemicals, detection monitoring equipment, firefighting foams and chemicals, overtime personnel expenses, laboratory analysis, medical treatment, immediate and long term, of exposed or injured personnel, or equipment or supplies damaged or destroyed by exposure to the Hazardous Material(s) at the incident. 23.2005: NOT A LIMITATION OF REMEDIES Nothing in this Article shall be deemed to relieve any party from any other obligation or responsibilities that it might otherwise have to any other agency or party. 23.2006: PENALTY Any person or entity who violates any provision of this Article shall, upon a finding of guilty, be fined as set forth in Appendix A, Division III of this Code, plus all costs and expenses involved in litigation for each offense. This fine shall be in addition to the reimbursement of Expenses to the Village. 309435_1 2 SECTION 2: Section A, Division III of the Mount Prospect Village Code shall be SECTION 3: 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 _________________, 2013 ___________________________ Arlene A. Juracek Mayor ATTEST: ___________________________ M. Lisa Angell Village Clerk 309435_1 3