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City Council Packet 2011 05-10-11 United City of Yorkville 800 Game Farm Road EST. , � 1836 Yorkville, Illinois 60560 ti Telephone: 630-553-4350 °°t�S.. `o Fax: 630-553-7575 Kentkll County <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, May 10, 2011 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Comments by Mayor or Aldermen: Adjournment of sine die (session): Swearing-In: Swear-in newly elected officials: Mayor, Gary Golinski; City Clerk, Beth Warren; City Treasurer, William Powell; Ward 1 Alderman, Carlo Colosimo; Ward 2 Alderman, Jacquelyn Milschewski; Ward 3 Alderman, Chris Funkhouser; Ward 4 Alderwoman, Rose Ann Spears Call to Order: Roll Call by Clerk: WARD I WARD II WARD III WARD IV George Gilson, Jr. Jacquelyn Milschewski Marty Munns Rose Ann Spears Carlo Colosimo Vacant Chris Funkhouser Diane Teeling Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meetiniz: 6:30 p.m., May 17, 2011 City Hall Conference Room Economic Development Committee: 6:30 p.m., June 7, 2011 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., May 19, 2011 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., May 26, 2011 City Hall Conference Room City Council Meeting Agenda May 10, 2011 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -Page_2_ Presentations: Public Hearings: Citizen Comments: Consent Agenda: 1. ADM 2011-12 Treasurer's Report for March 2011 2. ADM 2011-14 Ordinance Amending and Restating the Governing Ordinance - authorize Mayor and City Clerk to execute 3. ADM 2011-15 Resolution Approving an Identity Protection Policy- authorize Mayor and City Clerk to execute Plan Commission /Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—March 22, 2011 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 335,516.48 (vendors FY 10/11) $ 165,242.59 (vendors FY 11/12) $ 3,391.25 (BNY Wire Transfer for Fox Industrial TIF) $ 65,571.25 (BNY Wire Transfer for Countryside TIF) $ 213,484.21 (payroll period ending 4/29/11) $ 783,205.78 (total) Reports: Mayor's Report: 1. CC 2011-29 Appointment of Ward 2 Alderman Larry Kot Recess Reports (cont'd): Mayor's Report (cont'd): 2. CC 2011-30 Ordinance Repealing the Governing Ordinance 3. CC 2011-31 Selection of Mayor Pro Tern 4. CC 2011-32 Appointments to City Council Committees 5. CC 2011-33 Appointment of Hearing Officers—Walter Werderich and Daniel Transier 6. CC 2011-34 Ordinance Amending the Code of Ordinances Adopting Hiring Standards for Part-Time Police Officers 7. CC 2011-35 NIMEC Street Light Bid 8. CC 2011-36 Police Sergeants' Union Contract City Council Meeting Agenda May 10, 2011 Page 3 Reports (cont'd): City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: 1. CC 2011-37 Annual Report of the Police Pension Board 2. CC 2011-38 Required Report to the Municipality by the Police Pension Board City Administrator's Report: Director of Parks &Recreation Report: 1. CC 2011-39 Ordinance Approving a Lease Agreement with Creative Kernels (131 E. Hydraulic Ave.) 2. CC 2011-40 Ordinance Approving an Amended Lease Agreement with Specialty Expeditions Inc. (DBA Geneva Kayak Center) (301 E. Hydraulic Ave.) 3. CC 2011-41 Park Naming Request—Marge Cline Whitewater Course 4. CC 2011-42 Future City Council Agendas—Park Board Report Finance Director's Report: City Engineer's Report: Director of Public Works Report: Chief of Police Report: Community Development Director Report: Community Relations Officer: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. No report. Economic Development Committee Report: 1. No report. Public Safety Committee Report: 1. No report. Administration Committee Report: 1. No report. City Council Meeting Agenda May 10, 2011 Page 4 Additional Business: Executive Session: 1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ;PUBLIC WORKS ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Public Works Park Board Vice-Chairman: Alderman Engineering YBSD Committee: Alderman Parks and Recreation Committee: Alderman ]ECONOMIC DEVELOPMENT« Committee Departments Liaisons Chairman: Alderman Community Development Plan Commission Vice-Chairman: Alderman Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Kendall Co. Plan Commission Committee: Alderman .PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderman Police Human Resource Comm. Vice-Chairman: Alderman School District Committee: Alderman Committee: Alderman !ADMINISTRATION - ------------------------------------------------ -------------------------------------------- Committee Departments Liaisons Chairman: Alderman Finance Library Vice-Chairman: Alderman Administration Committee: Alderman Committee: Alderman UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, May 10, 2011 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- SWEARING-IN: ---------------------------------------------------------------------------------------------------------------------------------------- Mayor: Gary Golinski City Clerk: Beth Warren City Treasurer: Bill Powell Ward 1 Alderman: Carlo Colosimo Ward 2 Alderman: Jacquelyn Milschewski Ward 3 Alderman: Chris Funkhouser Ward 4 Alderwoman: Rose Ann Spears ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2011-12 Treasurer's Report for March 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-14 Ordinance Amending and Restating the Governing Ordinance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2011-15 Resolution Approving and Identity Protection Policy ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. City Council—March 22, 2011 ❑ Approved ❑ As presented ❑ As amended ---------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-29 Appointment of Ward 2 Alderman Larry Kot ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2011-30 Ordinance Repealing the Governing Ordinance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2011-31 Selection of Mayor Pro Tem. ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2011-32 Appointments to City Council Committees ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2011-33 Appointment of Hearing Officers—Walter Werderich and Daniel Transier ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2011-34 Ordinance Amending the Code of Ordinances Adopting Hiring Standards for Part-Time Police Officers ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. CC 2011-35 NIMEC Street Light Bid ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 8. CC 2011-36 Police Sergeant's Union Contract ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY TREASURER'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-37 Annual Report of the Police Pension Board ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2011-38 Required Report to the Municipality by the Police Pension Board ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- DIRECTOR OF PARKS & RECREATION REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-39 Ordinance Approving a Lease Agreement with Creative Kernels (131 E. Hydraulic Ave.) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2011-40 Ordinance Approving an Amended Lease Agreement with Specialty Expeditions Inc. (DBA Geneva Kayak Center) (301 E. Hydraulic Ave.) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2011-41 Park Naming Request—Marge Cline Whitewater Course ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2011-42 Future City Council Agendas—Park Board Report ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ♦,��0 C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ CA#1 III ■ EST �M Finance 1836 Engineer ❑ Tracking Number W City Administrator ❑ °°°oyg �O l Consutant ❑ ADM 2011-12 <�E El Agenda Item Summary Memo Title: Treasurer's Report for March 2011 Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Admin 4/21/11 Action Taken: Move forward to City Council consent agenda. Item Number: ADM 2011-12 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE TREASURER'S REPORT-for the period ended March 31,2011 Cash Basis Projected BGn Fund March Revenues %of YTD Expenses %of YTD Ending Fund Balance Revenues YTD Revenues Budget Budget March Expenses YTD Expenses Budget Budget Balance General Fund O1-General (492,939) 718,949 10,762,426 11,433,024 94% 788,193 9,936,683 11,376,981 87% 332,804 Library Fund 82-Library 571,002 3,686 1,328,507 1,359,924 98% 84,658 1,476,080 2,158,986 68% 423,429 Special Revenue Funds 15-Motor Fuel Tax 405,618 31,651 653,106 356,000 183% 41,690 386,384 475,600 81% 672,340 79-Parks and Recreation 25,151 86,212 1,315,178 1,479,990 89% 67,194 1,031,974 1,461,912 71% 308,355 72-Land Cash (603,425) 2,051 119,699 413,000 29% - 183,003 665,449 28% (666,728) 85-Fox Industrial TIF 423,351 - 228,360 216,727 105% 1,020 81,522 80,433 101% 570,189 87-Countryside TIF 2,477,758 9,463 12,354 77% 900 308,340 308,093 100% 2,178,881 88-Downtown TIF 136,294 75,362 88,550 85% 900 1,896 1,500 126% 209,760 11-Fox Hill SSA 2,226 19,894 19,463 102% 86 3,871 3,458 112% 18,249 12-Sunflower SSA 6,188 - 13,871 13,112 106% 86 7,616 8,253 92% 12,443 Debt Service Funds 42-Debt Service 7,628 125 323,078 429,404 75% 429,404 429,404 100% (98,698) Capital Funds 16-Municipal Building (607,724) 750 20,700 55,000 38% - - - - (587,024) 22-Park and Recreation Capital 66,852 7 1,742 17,500 10% 7,227 24,658 173,135 14% 43,936 20-Police Capital 210,284 9,293 35,629 62,000 57% 1,134 50,609 104,000 49% 195,304 21-Public Works Capital 157,807 3,500 32,325 35,000 92% 6,907 82,344 139,000 59% 107,788 23-City-Wide Capital (18,378) 70,502 308,192 421,500 73% 1,200 298,304 582,500 51% (8,491) Enterprise Funds 51-Water 339,360 21,093 2,189,406 2,122,354 103% 108,128 1,953,983 2,122,677 92% 574,783 52-Sewer 2,735,211 6,836 1,354,348 881,800 154% 28,861 1,763,352 2,020,433 87% 2,326,207 80-Recreation Center (127,815) 59,514 566,455 609,000 93% 48,392 633,554 675,301 94% (194,914) Total Funds 5,714,449 1,014,170 19,357,739 20,025,702 1,186,575 18,653,577 22,787,115 6,418,611 As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. William Powell,Treasurer Prepared by the Finance Department ♦,��D C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ CA#2 III El�M Finance 1836 Engineer ❑ Tracking Number W City Administrator ■ °°°oyg �O Consultant C ❑ K °°°ty ADM 2011-14 <�E El Agenda Item Summary Memo Title: Amended Governing Ordinance Meeting and Date: City Council 5110111 Synopsis: Amendment to Governing Ordinance to allow the Administration Committee to select the City Council liaison to the Cultural Commission. Council Action Previously Taken: Date of Action: CC 7/13/10 Action Taken: Amended Governing Ordinance approved by Ordinance 2010-36. Item Number: ADM 2010-37 Type of Vote Required: Majority Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Red-line copy attached. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 24M201 AN ORDINANCE AMENDING AND RESTATING THE GOVERNING ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006- 133, on June 26, 2007 as Ordinance 2007-49, July 10, 2007 as Ordinance 2007-50, July 24, 2007 as Ordinance 2007-53, on January 22, 2008 as Ordinance 2008-02, on April 22, 2008 as Ordinance 2008-27, on June 24, 2008, as Ordinance 2008-58A, on September 23, 2008, as Ordinance 2008-84, on March 24, 2009 as Ordinance 2009-16, on May 12, 2009 as Ordinance 2009-27, won January 12, 2010 as Ordinance 2010-06, and on July 13, 2010 as Ordinance 2010-36, and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and, WHEREAS,the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and, 1 WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS, the Council has determined that, to further ensure the orderly #low of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and WHEREAS, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and, WHEREAS, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and, WHEREAS, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the following shall constitute the Governing Ordinance for the United City of Yorkville: 2 Governing Ordinance, United City of Yorkville Addressing: Ethical Standards—Elected Officials' Duties and Responsibilities, Meeting Standards and Committee Structure I. Ethical Standards—Elected Officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall, when representing the City, act and dress in a manner appropriate for the function. L. Shall refrain from using city computers, the city server, etc. for political purposes. Elected officials are subject to the same rules of behavior that apply to Council 3 meetings, including refraining from making personal attacks against their fellow Council members, or defaming them in any way. The server and computers are to be used to disseminate information, not political propaganda. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCS 5/3.1-35-10) B. Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. 4 III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2nd and 4"' Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. G. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. H. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. 5 Aldermen A. Shall have the right to place an item on any committee meeting agenda for discussion. Shall have the right to place an item on any Council meeting agenda with the consent of three (3) aldermen. Shall have the right to vote to suspend the rules of order(regarding the order of discussion) to provide for an open discussion. B. Shall,before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. C. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10th Edition)page 189, Section 16) D. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR (10th Edition) page 247, Section 24) E. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause,but may not do so for the same cause a second time. (65 ILCS 3.1-40-15) F. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. G. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. H. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. I. Shall limit their remarks to the question under debate To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (10th Edition)page 41, line 31) J. May, before voting, participate in a special meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. 6 K. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tern Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tern shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. E. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question,pro and con, as much as possible. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. F. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. G. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3.1-40-30) IV. 7 The Standing Committees of the City Council: I. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. II. The Public Works, Public Safety, Administration, and Economic Development Committees shall include four members (one from each ward) of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. III. Shall be presided over by its chairman, who will conduct the business of the meeting. In the absence of the chairman, the vice-chairman shall conduct the business of the meeting. Chairman and vice-chairman shall serve two year appointments. Chairs, vice-chairs, and committee rosters shall be filled through the following process: A. For the Public Works, Public Safety, Administration, and Economic Development committees: after each election, the four committee chairmanships shall be vacated. The four vice-chairmen shall each select a committee to chair, with the most senior alderman having the first selection and progressing to the next most senior alderman, and so on. After the chairmanships have been selected, the four non-chaired aldermen shall each select a committee to vice-chair, with the most senior alderman having the first selection, and progressing to the next most senior alderman, and so on. In the same order in which chairmanships and vice- chairmanships are selected, the committee rosters shall be filled (committee chairs pick second committee first, vice chairman pick second committee after the chairmen pick their committee). i. Should an incumbent alderman be defeated in an election, the incoming alderman shall be placed in the group of four "non- chaired" aldermen that will select a vice-chair role in a committee. Subsequently, the most senior alderman of the "non-chaired" group shall be allowed to retain a committee chair for a consecutive year, but will select last in the group of aldermen who are selecting the committee chairs for the upcoming term. In the event there is more than one incumbent alderman allowed to serve consecutive committee chairs, those aldermen shall select committee chairs in order according to seniority, but after the group of alderman who have not served-consecutive committee chairs have selected. ii. Should there be a vacancy in the office of an alderperson, the alderperson appointed to such vacancy shall take the committee position held by his or her predecessor; provided, however, if the 8 position of said predecessor was that of committee chair, the vice chair of the committee shall assume the office of "acting chair" and the new alderperson shall become the vice-chair. The acting chair shall complete the term of the chair which was vacated and retain eligibility for a committee chairmanship for the next succeeding term. IV. Shall control the movement of items from committee agendas to City Council agendas. Items may not move out of committee but for a vote of approval by a majority of the quorum present. When passing items out of committee, where the committee reasonably believes that if the items are approved by the City Council, the impacts of that approval could significantly impact many residents, the item should first be listed on the City Council agenda under the committee report section and listed as being for first reading. The City Council at its discretion may waive a first reading if they deem it desirable. Items for first reading are intended to give notice to the public that a substantial change is being contemplated and the City Council will be taking input and considering the item at their next scheduled City Council meeting. For items forwarded to the City Council which are not expected to have as significant an impact should be recommended for placement on the consent agenda. Items for first reading do not literally have to be read into the record at the city council meeting, placement on agenda is sufficient. When an item is listed for first reading the chairman should explain the item being proposed and that the City Council is seeking input from the public to aid them in the decision making process. V. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development: Kendall County Plan Commission, Plan Commission, Yorkville Econ. Dev. Corp. Public Safety: Human Resources Commission, School District Administration: Library Board, Cultural Commission V. Cancellation of a Meeting: A. Regularly scheduled City Council Meetings or Special Meetings called by the Mayor may be cancelled by the Mayor if advised that a quorum shall not be in 9 attendance or there is not a quorum of the members present at the regularly scheduled meeting. B. Special Meetings called by three (3) aldermen may be cancelled by two (2) of the three (3) aldermen that called the meeting if there is not a quorum of the members present or for any other reason. C. Committee Meetings may be cancelled by the Chairman of the committee if there is not a quorum of the members present. D. Cancellation of any of the meetings referenced in this Section requires notice by the person canceling the meeting to the City Clerk, all scheduled attendees, and all news media that has filed an annual request with the City Clerk. E. Lack of a quorum for any meeting prohibits proceeding with the meeting, but permits discussion solely of agenda items so long as no prior notice of cancellation has been issued. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2-04-02011. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOE PLOCHER WALLY WERDERICH MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2$ 92011. Mayor Attest: City Clerk 10 J � United City of Yorkville ° 800 Game Farm Road EST. Aw 1836 Yorkville, Illinois 60560 0 Telephone: 630-553-4350 Fax: 630-553-7575 Kenaad cowry AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Date Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Economic Development Committee: Administration Committee Meeting: Public Safety Committee Meeting: Presentations: City Council Meeting Agenda Date Page 2 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Public Hearings: ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Citizen Comments: Consent Agenda: Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ (vendors) $ (payroll period ending) $ (total) Reports: Mayor's Report: City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Parks & Recreation Report: City Engineer's Report: Director of Public Works Report: Chief of Police Report: Community Development Director Report: Community Relations Officer: Community& Liaison Report: City Council Meeting Agenda Date Page 3 Committee Reports: Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ---------------------------------------- ;PUBLIC WORKS! _ -- Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling --------------------------------------------------------------------- ECONOMIC DEVELOPMENT; -------- --------------------- --------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice-Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff ------------------------------- PUBLIC SAFETY! -------------------- ------ --------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice-Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher City Council Meeting Agenda Date Page 4 COMMITTEES,MEMBERS AND RESPONSIBILITIES (con't) - ------------------------------------------ 1;ADMINISTRATION; --------------- ----------------------- --------------- mmittee Departments Li aiso ns Chairman: Alderman Sutcliff Finance Library Vice-Chairman: Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski JA,�D C`T 0 United City of Yorkville 1836 Mayor Pro Tem Policy — Approved 2/22/05 E MAYOR PRO TEM. i (A) There is created the office of Mayor Pro Tem for the City. (B) In the event of a temporary absence, or a disability causing the Mayor of the City to be incapacitated from the performance of his duties,but which by law does not create a vacancy in the office of Mayor,the Council of Alderpersons shall elect one of its members to act as Mayor Pro Tem. The Mayor Pro Tem,during the absence or disability of the Mayor, shall perform the duties and possess all the rights and powers of the Mayor. (C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City Council meeting in May. The Council of Alderpersons shall vote to elect one of its members Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years. However,the Mayor Pro Tern shall not act as Mayor Pro Tem unless and until the Mayor is temporarily absent or is disabled to an extent so as to incapacitate him from the performance of his duties. (D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in his capacity as Alderperson on any ordinance,resolution,or motion. i Statutory reference: Mayor pro tern, see iLCS Ch. 65,Act 5 § 3.1-35-35 4 i i I ♦,��D C/T y Reviewed By: Agenda Item Number J� A 0 Legal ❑ CA#3 III El�M Finance 1836 Engineer ❑ Tracking Number W City Administrator ■ °°°oyg �O l Consutant ❑ ADM 2011-15 <�E El Agenda Item Summary Memo Title: Resolution Approving an Identity Protection Policy Meeting and Date: City Council 5110111 Synopsis: Adoption of a policy to protect social security numbers from unauthorized disclosure, as required by Public Act 096-0874 of the State of Illinois. Council Action Previously Taken: Date of Action: ADM 4/21/11 Action Taken: Moved forward to 5110 CC consent agenda for approval. Item Number: ADM 2011-15 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Meghan Ostreko Administration Name Department Agenda Item Notes: The attached policy was adapted from the Village of Winfield's Identity Protection Policy. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2011- RESOLUTION APPROVING AN IDENTITY PROTECTION POLICY WHEREAS, the United City of Yorkville, as a municipal utility, is subject to the State of Illinois' Identity Protection Act; and WHEREAS, the City Council of the United City of Yorkville has considered and developed an Identity Protection Policy pursuant to the State of Illinois' Identity Protection Act; and WHEREAS, it has been determined to be in the best interests of the United City of Yorkville to approve an Identity Protection Policy in the form attached hereto in Exhibit "A". NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Identity Protection Policy in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted as the Identity Protection Policy of the City. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOE PLOCHER WALLY WERDERICH MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. MAYOR Exhibit "A" United City of Yorkville Policy with Regard to the Collection, Use and Communication of Individuals' Social Security Numbers (Identity Protection Policy) This policy is to comply with Public Act 096-0874 of the State of Illinois, cited as the Identity Protection Act. 1. Definitions. "Person" means any individual in the employ of the United City of Yorkville. "Publicly post" or "publicly display" means to intentionally communicate or otherwise intentionally make available to the general public. 2. Prohibited Activities. (a) No officer or employee of the United City of Yorkville shall do any of the following: (1) Publicly post or publicly display in a any manner and individual's social security number. (2) Print an individual's social security number on any card required for the individual to access products or services provided by the person or entity. (3) Require and individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted. (4) Print an individual's social security number on any materials that are mailed to the individual, through the U.S. Postal Service, any private mail service, electronic mail, or any similar method of delivery, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend, or terminate and account, contract, or policy or to confirm the accuracy of the social security number. A social security number that may permissibly be mailed under this Section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope with the envelope having been opened. (b) Except as otherwise provided in this policy, beginning July 1, 2010, no officer or employee of the United City of Yorkville shall do any of the following: (1) Collect, use, or disclose a social security number from an individual, unless (i) required to do so under State or federal law, rules, or regulations, or the collection, use, or disclosure of the social security number is otherwise necessary for the performance of that agency's duties and responsibilities; (ii) the need and purpose for the social security number is documented before collection of the social security number; and (iii) the social security number collected is relevant to the documented need and purpose. (2) Require an individual to use his or her social security number to access an Internet website. (3) Use the social security number for any purposed other than the purpose for which is was collected. (c) The prohibitions in subsection(b) to not apply in the following circumstances: (1) The disclosure of social security numbers to agents, employees, contractors, or subcontractors of the United City of Yorkville or disclosure to another governmental entity or its agents, employees, contractors, or subcontractors if disclosure is necessary in order for the entity to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the officer or employee of the United City of Yorkville must first receive from the contractor or subcontractor a copy of the contractor's or subcontractor's policy that sets forth how the requirements imposed under this Policy on the United City of Yorkville to protect and individual's social security number will be achieved. (2) The disclosure of social security numbers pursuant to a court order, warrant, or subpoena. (3) The collection, use, or disclosure of social security numbers in order to ensure the safety of United City of Yorkville employees; persons committed to correctional facilities, local jails, and other law-enforcement facilities or retention centers; wards of the State; and all persons working in or visiting a United City of Yorkville facility. (4) The collection, use, or disclosure of social security numbers for internal verification or administrative purposes. (5) The collection or use of social security numbers to investigate or prevent fraud, to conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, or to locate a missing person, a lost relative, or a person who is due a benefit, such as a pension benefit or an unclaimed property benefit. (d) Any standards of the United City of Yorkville for the collection, use, or disclosure of social security numbers that are stricter than the standards under this policy with respect to the protection of those social security numbers, then, in the event of any conflict with the provisions of this policy, the stricter standards adopted by the United City of Yorkville shall control. 3. Public Inspection and copying of documents. Notwithstanding any other provision of this policy to the contrary, all officers and employees of the United City of Yorkville must comply with the provisions of any other State law with respect to allowing the public inspection and copying of information or documents containing all or any portion of an individual's social security number. All officers and employees of the United City of Yorkville must redact social security numbers from the information or documents before allowing the public inspection or copying of the information or documents. 4. Applicability. (a) This policy does not apply to the collection, use, or disclosure of a social security number as required by State or federal law, rule, or regulation. (b) This policy does not apply to documents that are required to be open to the public under any State or federal law, rule, or regulation applicable case law, Supreme Court Rule, or the Constitution of the State of Illinois. 5. Compliance with federal law. If federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, the United City of Yorkville shall follow that law. 6. Embedded social security numbers. Beginning December 31, 2009, no officer or employee of the United City of Yorkville may encode or embed a social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, RFID technology, or other technology, in place of removing the social security number as required by this policy. 7. Identity-protection requirements. (a) All officers, employees and agents of the United City of Yorkville identified as having access to social security numbers in the course of performing their duties trained to protect the confidentiality of social security numbers. Training shall include instructions on the proper handling of information that contains social security numbers from the time of collection through the destruction of the information. (b) Only employees who are required to use or handle information or documents that contain social security numbers have access to such information or documents. (c) Social security numbers requested from an individual shall be provided in a manner that makes the social security number easily redacted if required to be released as part of a public records request. (d) When collecting a social security number or upon request by the individual, a statement of the purposed or purposes for which the United City of Yorkville is collecting and using the social security number be provided. (e) A written copy of this privacy policy, and any amendment thereto, shall be filed with the city council within 30 days after approval of this policy or any amendment thereto. (f) The United City of Yorkville shall advise its employees of the existence of the policy and make a copy of the policy available to each employee, and shall also make this privacy policy available to any member of the public, upon request. If the United City of Yorkville amends this privacy policy, then the United City of Yorkville shall also advise its employees to the existence of the amended policy available to each employee. 8. Violation. Any person who intentionally violates the prohibitions in Section 10 of the Identity Protection Act [Paragraph 2 of this policy] is guilty of a Class B misdemeanor. 9. This policy does not supersede any more restrictive law, rule, or regulation regarding the collection, use, or disclosure of social security numbers. Illinois Municipal League - Resources - Social Security Numbers: New State Law on Usage Page 1 of 2 PAL IF �1 t Today is April 14,2011 Search IML Home Legislative Legal Training Sunshine Pension IMLRMA &Events Laws Policy Educate Review Magazine Issues>2010 Review Magazine>My> Internet General Social Security Numbers: New State Law on Usage Legal By Ashley Niebur, Legal Extern, IML Legislative The role of Social Security Numbers(SSNs)has expanded vastly since their origination in 1936.The first State Municipal News numbers were issued only to adults,and the age for issuance subsequently lowered, until finally they became applied for at birth.At their inception, SSNs were used solely for tracking Social Security benefits. Historically, Materials some states have used SSNs for identifiers on state licenses and other forms of identification.Today,the Legal number exists as a unique identifier used for a multitude of purposes including banking,school and university identification,grade tracking,credit reports and even employee identification. Recently,the use of SSNs has Publications become more limited due to increased awareness of fraud and identity theft. Review Magazine The most abused SSN in history evolved only two years after the initial issuance of these identifiers.The Handbooks& Woolworth card,as it became known,contained the most claimed SSN in history. In 1938,the E. H. Ferree Manuals Company began inserting sample social security cards in wallets,simply for display purposes at Woolworth Other Periodicals and other department stores.The card was red rather than blue, half the size of an authentic social security card,and had"specimen"inscribed across the front. Despite this, over 40,000 people claimed the number as IDOT their own. Ironically,the SSN had been legitimately issued to Mrs. Hilda Schrader Whitcher,secretary of the Caution!Magazine wallet manufacturer's vice president and treasurer.The number was voided by the Social Security Conference& Administration,who publicized that it should no longer be used. However, proof of its use continued for 4 Seminar Materials decades. Annual Conference Since this time,there has been growing concern regarding the fraudulent use of SSNs.A person can obtain Municipal Attorney's someone else's unique identifier in numerous ways—most commonly,stealing personal information in which the number is contained,as well as posing as a government agent or creditor and seeking the number.The Newly Elected Officials most recent form of obtaining another's SSN is posing as a census officer. Media outlets have tried to combat this fraud by issuing warnings as soon as occurrences arise, however,often times many identities have Annual Conference already been obtained. Road Show TOP RESOURCE IDENTITY PROTECTION ACT PAGES In response to growing concern, Illinois created the Social Security Number Protection Task Force in 2004. 1.Special Edition: The task force consisted of various members representing interested state entities.The purpose behind its Local Election Results 2011 creation was to address the risk that an individual's identity ma y g be stolen through unauthorized disclosure of 2.Statehouse Briefing their SSN.The state acknowledged that it used SSNs for various purposes among state agencies,thus -April 8,2011 creating a potential for identity theft.The task force sought to explore changes which would replace the use of 3.News Items of social security numbers by state and local government agencies. Municipal Interest- April 5,2011 The Identity Protection Act-1113 547—becomes effective July 1,2010.At that time, state and local government agencies can expect to experience major changes in how they conduct business.The Act, Public Act 096-0874,essentially restricts the use of SSNs by: prohibiting a person,state or local government agency from publicly posting or displaying the SSN; printing the SSN on cards required for access to products or p Y p 9 p � 9 q p services; requiring an individual to transmit his or her SSN over the internet without a secure connection,or encryption of the SSN;or printing a SSN on mailed materials. RESTRICTION ON THE USE OF SSNS The Act allows state or local government agencies to collect, use or disclose a SSN only when required by state or federal law.The hurdles continue—the need and purpose for the SSN must be documented before the request,and the SSN collected must be relevant to this specified need and purpose. http://www.iml.org/page.cfm?key=4611 4/14/2011 Illinois Municipal League - Resources - Social Security Numbers: New State Law on Usage Page 2 of 2 Of course,there are exceptions to this rule. For example,the Act does not apply to the use of SSNs or other identifying information for internal verification or administrative purposes. State and local government agencies must comply with other state laws which allow public inspection and copying of information and documents that contain SSNs—however,the SSN must be redacted by the agency. Further,the Act does not apply to documents that are recorded by the county recorder or required to be open to the public under any law, rule or the Constitution of the state of Illinois. IDENTITY PROTECTION POLICY REQUIRED Even more burdensome,state and local government agencies must draft and approve an Identity Protection Policy by June 1,2011.The Attorney General's office will draft a template to be used by agencies. Included in this policy is the requirement that all employees having access to SSNs be trained to protect their confidentiality. Only employees who are required to use or handle documents or information containing SSNs will be allowed access.The SSN must be easily redacted from documents requested by individuals.The Act also imposes that a statement of the purpose for which an agency is collecting and using the SSN be provided in applicable situations.After the agency's policy is approved, it must be implemented within 12 months. In addition to the Act, state and local agencies must bear in mind the Fair and Accurate Credit Transactions Act of 2003 and Red Flag Rules issued by the Federal Trade Commission.These guidelines require that all financial institutions and creditors develop a written Identity Theft Prevention Program. Under this language,a state or local agency may be a creditor if they regularly defer payment for goods or services,or provide goods or services and bill individuals later.The Red Flag Rules extend to municipalities providing utilities,whereby payment is deferred until after services are rendered.The most obvious example of this would be a municipality providing water services for a period of time,and then billing for payment after the use is calculated.An entity that regularly grants loans,arranges for the extension of credit,or makes credit decisions may also fall within the definition of a"creditor." While the Red Flag guidelines require the same general notion that the Identity Protection Act calls for,the programs are not identical.A Red Flag is identified as any pattern,practice or specific activity that indicates the possible existence of identity theft.The Red Flag guidelines require identification,detection and incorporation of"Red Flag"warning signs,an appropriate response mechanism for detected Red Flags, updating of the Program to address the risks to customers,and safety and soundness of the creditor regarding identity theft. Therefore,agencies are likely to be responsible for the creation of two policies—one under the Illinois Identity Protection Act,and another under the federal Red Flag guidelines. In protecting individuals'SSNs,state and local agencies relying on the use of unique identifiers will now be charged with the task of finding new ways to identify individuals. For example,the Department of Human Services has begun assigning Recipient Identification Numbers for those who are provided services through various sections of that agency—most commonly for recipients of cash, medical and food stamp benefits. Additionally,seven agencies which deliver healthcare and human services have begun working together in what they call the Framework,to focus on establishing a single client identifier to be used throughout the seven agencies. CRIMINAL PENALTIES An intentional violation of the Identity Protection Act will result in an issuance of a Class B misdemeanor.Class B misdemeanors are punishable by up to six months in jail and a fine of up to$1500. Further, penalties and sanctions may be set forth and addressed by the policies of various public bodies. For example,the Illinois State University Procedure calls for penalties and sanctions up to discharge and dismissal of students who "substantially breach"the confidentiality of SSNs. CONCLUSION In effect,the Identity Protection Act will likely become burdensome for appropriate adaptation by state and local agencies.The creation of a new system of unique identifiers for certain agencies and benefits could, down the road, become subject to the same issues faced with SSNs today.With federal Red Flag guidelines calling for the creation of programs by creditors,which in most cases will include municipalities,the workload will double when it comes to the implementation of both state and federal requirements on the issue. ©1996-2011 Illinois Municipal League.All Rights Reserved. http://www.iml.org/page.cfm?key=4611 4/14/2011 c/Ty Reviewed By: Agenda Item Number 2 i o J a T Legal ❑ Minutes Finance ❑ EST. 1 1836 Engineer ❑ Tracking Number y City Administrator ❑ °^,Y �O Public Works ❑ Ke^aao c"^ry ` City Clerk <LE ■ Agenda Item Summary Memo Title: Minutes of City Council—March 22, 2011 Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Jacquelyn Milschewski City Clerk Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVH LE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, MARCH 22,2011 Mayor Burd called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present (via telephone) Werderich Present Ward I I Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart,Deputy Chiefs of Police Hilt and Delaney, Lieutenant Schwartzkopf, Finance Director Fredrickson, City Engineer Wywrot, Community Development Director Barksdale-Noble and Officer Jeleniewski. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m., April 19, 2011 City Hall Conference Room Economic Development Committee: 6:30 p.m., April 4, 2011 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., April 21, 2011 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., March 24,2011 City Hall Conference Room PRESENTATIONS Swearing-in of Part-time Patrol Officer—Dave Kiest Chief Hart stated that Part-time Patrol Officer Kiest has come to Yorkville with a lot of experience. He has worked for the Oswego Police Department and has been a school resource officer, detective and bike patrol officer. Mayor Burd and Chief Hart swore Officer Kiest in and welcomed him to the Police Department. PUBLIC HEARINGS None. CITIZEN COMMENTS David Richmond, attorney for the Pat Beardsley estate, asked the City Council to support no further remediation on the property located at 802 S. Bridge Street. He explained that the site used to be a Mobil gas station and that the underground storage tanks were removed several years ago. Contamination was found at that time and cleaned up. Five hundred feet under Orange Street there is contamination still present. The state is responsible under the Leakage Underground Storage Tank(LUST)Trust Fund to remove the contamination at a great expense to the state. If nothing is done, microbes will eat the The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 2 contamination and solve the problem over a period of years. The estate would like the city to take on the responsibility of the contamination. If anyone else needs to dig in the easement they then take the responsibility to remediate. There are no immediate plans to dig down that deep. Also, no wells will be allowed in this area. He added that City Engineer Wywrot recommended the agreement. Mr. Richmond commented that every community is talking about being pro business and this will help the business on the property purchase it because remediation or this agreement are needed for the purchase. Todd Milliron, Cotswold Court, asked if there was a chance the contamination would migrate. Mr. Richmond explained that according to the engineers since the source has been removed there is limited migration. Alderman Gilson asked when the contamination occurred. Mr. Richmond explained that while the tanks were inspected yearly they were leaking. When the tanks were removed, the source of the contamination was removed. CONSENT AGENDA Administrator Olson noted that#9 of the consent agenda needs to be amended. It should read that it is for the purchase of a 40-foot wide half right-of-way for Kennedy Road across the frontage of the property at 8660 Kennedy Road and authorize the Mayor to sign the plat of dedication subject to receipt of funds from Pulte Home Corporation for the full amount of the purchase price. Alderman Spears questioned if this should be removed from the consent agenda. Attorney Orr explained that it did not need to be removed since the correction has been noted. 1. Ordinance 2011-08-Amending the Code of Ordinances Amending the Fee Schedule for Building Permits (Telecommunications Facilities) - authorize Mayor and City Clerk to execute (EDC 2010-23) 2. Ordinance 2011-09-Amending the Code of Ordinances by Codifying Fees and Deposits into the Yorkville City Code- authorize Mayor and City Clerk to execute(EDC 2011-10) 3. Water Department Report for January 2011 (PW 2011-13) 4. Water Department Report for February 2011(PW 2011-14) 5. Traffic Signal Master Agreement-authorize Mayor to execute(PW 2011-15) 6. Fox Hill and Sunflower SSA Mowing and Maintenance MFT- award contract for mowing and maintenance to Classic Landscape LTD, as presented(PW 2011-16) 7. Resolution 2011-05-MFT General Maintenance Appropriation Resolution for FY 11-12 - authorize City Clerk to execute(PW 2011-17) 8. Hampton Inn—Final Approval/Acceptance and Bond Reduction- approve land improvements and accept public improvements for watermain and sanitary sewer as described in the Bill of Sale for ownership and maintenance; and authorize reduction to Western Surety Company Bond #70706014 in an amount not to exceed$122,015.68, subject to verification that the developer has no outstanding debt owed to the city(PW 2011-18) 9. 8660 Kennedy Road—Purchase of Right-of-Way-for the purchase of a 40 foot wide half right- of-way for Kennedy Road across the frontage of the property at 8660 Kennedy Road and authorize the Mayor to sign the plat of dedication subject to receipt of funds from Pulte Home Corporation for the full amount of the purchase price and authorize City Engineer to commence acquisition ofproperty as described in the memo dated March 3, 2011 (PW 2011-19) 10. Resolution 2011-06-Route 126 Relocation at Route 71 —MFT Appropriation Resolution- authorize City Clerk to execute(PW 2011-20) 11. Ordinance 2011-10-Approving a Water Tower Lease Agreement with Chicago SMSA Limited Partnership Doing Business as Verizon Wireless (Water Tower at 3099 Lehman Crossing) - authorize Mayor and City Clerk to execute, subject to city attorney review and building permit approval of the exhibits(PW 2011-05) 12. Treasurer's Report for February 2011 (ADM 2011-08) 13. Ordinance 2011-11 -Amending the Code of Ordinances Regarding Procurement of Materials and Services -authorize Mayor and City Clerk to execute(ADM 2011-08) Mayor Burd entertained a motion to approve the consent agenda as presented. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Werderich-aye, Plocher-aye, Spears-aye, Munns-aye, Sutcliff-aye, Gilson-aye, Teeling-aye, Golinski-aye The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 3 PLAN COMMISSION/ZONING BOARD OF APPEAL Kendall County Fair Association—Mile and%2 Review (PC 2011-01) Director Barksdale-Noble explained that Kendall County wants to re-classify the Fair Grounds zoning from A-1 Agricultural(Special Use)to B-4 Commercial Recreation. There will be no change to operations on the property. The Plan Commission unanimously supported the request. Mayor Burd entertained a motion to support the Kendall County Fair Association's request for rezoning to B-4 Commercial Recreation District within the County. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of February 8, 2011; seconded by Alderman Werderich. Motion unanimously approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated March 16, 2011,totaling the following amounts: checks in the amount of$690,875.65 (vendors); $215,345.81 (payroll period ending 3/12/11); for a total of$906,221.46(total); seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Spears-aye, Munns-aye, Sutcliff-aye, Gilson-aye, Teeling-aye, Golinski-aye, Werderich-aye REPORTS MAYOR'S REPORT Resolution 2011-07 Supporting the Installation of Blue Hospitality Logo Signs along the Entire Illinois State Toll Highway Authority System (CC 2011-23) Mayor Burd entertained a motion to approve a resolution supporting the installation of Blue Hospitality Logo Signs along the entire Illinois State Toll Highway Authority System and authorize the Mayor and City Clerk to execute. So moved by Alderman Sutcliff; seconded by Alderman Teeling. Mayor Burd explained that this comes from the Aurora Area Convention and Visitor Bureau. They voted to join the tourism industry to encourage signs along the tollways. Alderman Spears asked if the state had the money for the signs. Alderman Sutcliff stated that the Aurora Area Convention and Visitor Bureau has been working on this for several years. The signs will indicate where hotels, gas stations, restaurants, etc. are located. Aurora has been trying hard to get the signs because they feel it will help their businesses. Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye Ordinance Approving the 2011-2012 Fiscal Budget for the United City of Yorkville (CC 2011-22) Mayor Burd noted that this item was for discussion and suggested that the Committee Reports be moved up on the agenda before this item. It was the consensus of the City Council to amend the agenda to move these items up. The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 4 A motion was made by Alderman Werderich to amend the agenda; seconded by Alderman Golinski. Motion approved unanimously by a viva voce vote. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT 802 S.Bridge Street—Highway Authority Agreement (PW 2011-12) A motion was made by Alderman Plocher to approve a Highway Authority Agreement by and between the estate of Patrick Beardsley and the United City of Yorkville and authorize the Mayor to execute; seconded by Alderman Munns. Alderman Spears stated that she rather the city passed the responsibility on to the state due to the city's amount of litigation. She stated that if the property is sold, the contamination remains and could put the city in a bad position. She did not support the agreement. Alderman Sutcliff asked if the agreement left the city open to possible litigation. Attorney Orr stated that if the city digs in the area it will have to remediate the contamination. If someone else does the work, the city is responsible to make sure they handle the remediation. Attorney Orr asked when this would be a dead issue. City Engineer Wywrot explained that each Brownfield is unique. It should take care of itself over a course of several years. Alderman Teeling asked if the current property owner would take responsibility to remediate if the agreement is not approved and the property is not sold. Mr. Richmond stated that the state and the LUST Fund would remediate at some time however there is no current plan to do this. This hurts the sale of the property. Alderman Teeling asked if the LUST Fund would still cover the property if the agreement is approved and Mr. Richmond stated it would not. Attorney Orr questioned if the city could apply for the LUST Fund if they assume responsibility. Both Mr. Richmond and Mr. Wywrot stated that the city cannot access the LUST Fund. Alderman Werderich asked Mr. Wywrot what the benefits would be to the agreement. Mr. Wywrot explained that the benefit is in making the property more marketable. Alderman Werderich asked what the LUST Fund was. Mr. Richmond explained that the state created the fund which businesses paid into so that the state could inspect and address underground tanks. Unfortunately the money paid into the fund was not enough to cover all the leaking tanks so there is no money left. Alderman Golinski noted that when Route 47 is widened the city will abandon utilities in the area. If this does not happen,will the city have to dig in the area? City Engineer Wywrot stated that they would. Alderman Golinski asked what the cost of remediation would be. Mr. Wywrot stated he did not know what the cost would be. Alderman Spears noted that sometimes the city signs off on utility work. Mr. Wywrot explained that the agreement will require the issuance of a permit to work in the area and would require removal of soil. Alderman Gilson stated that the owner has a letter saying that the property is clean and that he asked the staff to get a letter from the state regarding this matter. Mr. Wywrot explained that he hadn't received a response from the state yet. Alderman Gilson was concerned with the city taking responsibility. He asked what supports microbes eating the contamination. Mr. Wywrot stated that there was no specific research on this. A motion was made by Alderman Gilson to table the agreement until the results are received from the state and the cost of remediation is determined; seconded by Alderman Spears. Motion to table approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye, Munns-aye, Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 5 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Employee Benefits Renewal (ADM 2011-10) A motion was made by Alderman Sutcliff to approve a contract with Met Life for life insurance, to approve a contract with EyeMed for vision insurance, and to approve a contract with Blue Cross Blue Shield for dental and medical insurance with the following changes: a $20 Primary Care Physicians/$40 Specialist office visit co-pay and a $10/$40/$60 drug card for the HMO plan, a high deductible PPO plan ($3,500 deductible for single/$7,000 deductible for family)with a health reimbursement arrangement of $3,000 for single/$6,000 for family and employee contribution rates for both non-union and union employees at the union rates with the exception of those non-union employees on family coverage who are already paying slightly higher rates than the union employees; seconded by Alderman Munns. Alderman Spears asked if EyeMed is honored by the local eye doctors. Human Resources Manager Meghan Ostreko confirmed that all three of the local providers honor EyeMed insurance. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Gilson-aye, Sutcliff-aye REPORTS, continue MAYOR'S REPORT,continued Ordinance Approving the 2011-2012 Fiscal Budget for the United City of Yorkville (CC 2011-22) Mayor Burd opened the floor for discussion. Alderman Golinski stated that there appeared to be a discrepancy on page 51; a transfer to the Park& Recreation Department is listed at $1.29 million however on page 61 the corresponding transaction is $20,000.00 different. He felt the transactions should be equal. Director Fredrickson stated that this came up in the audit however he could not remember why. He stated he would check into the difference. Administrator Olson added that the number is different from what was actually spent. Mayor Burd noted the budget ideas in the March 18, 2011 memo from Administrator Olson(see attached): • Western Riverfront Park building use—the pre-school is moving to the old post office building so the Park Board has recommended leasing the building and asked for City Council input. Administrator Olson added that the City Council approved a RFP for the building and four proposals were received. The Park Board will be discussing them this week. • Riverfront Park Kiosk-there is $1,000.00 to $1,500.00 in the TIF budget. Staff is researching the cost. This is away to market Yorkville businesses. The City Council supported the kiosk. • Zip line across the Fox River—Mayor Burd's son suggested the idea. It could go from the grain elevator to the park on the other side of the river. Administrator Olson noted that the Park Board discussed and liked the idea however they recommended it be run by an outside company. He mentioned the concept to a few people at Canoecopia but he did not talk to anyone who ran a zip line. He has reached out to a few operations in Wisconsin. • Commercial alarm fines—this was discussed by the Administration Committee. Other communities fine repeat offenders of false alarms. Currently this is not a problem in Yorkville. Government bodies such as schools are exempt from fines. Attorney Orr added that it is a cost to respond to an alarm and it jeopardizes service to other areas. Some communities also fine residential repeat offenders. Members of the City Council asked to see what other communities charge for fines. • Traditional economic development incentives—this will come up as developers come along. Staff needs to know if the City Council supports incentives. Aldermen Gilson and Spears supported removing TIF incentives. Alderman Golinski was opened to incentives in active TIF areas. It was the consensus of the Council that no new TIF's be offered and they supported what is already in place. • Digital billboards within city limits and possibly on city property—Staff was approached by someone willing to pay$30,000.00 for one sign. This could bring in$150,000.00/year in revenue. The Minutes of the Regular Meeting of the City Council—March 22, 2011 —Page 6 Alderman Spears noted that the City Council has already turned down similar signs; even one requested by a local church. Aldermen Plocher, Sutcliff, Munns, Werderich and Golinski were open to more information about the signs. Alderman Teeling thought they were tacky. Mayor Burd suggested looking at on a case to case basis. Administrator Olson stated the sign ordinance would need to be amended. He stated that it will take awhile to research and draft a new policy. Alderman Spears asked if the church comes back with a request would the City Council reconsider their request. • More cell towers on municipal property—the City Council has approved a second cell tower lease. This line of revenue could expand in the future. The City Council supported this line of revenue. • 6%telecommunication tax—this increase was voted down last year but is still available. If approved, it will not take effect until June. The majority of the City Council did not support the increase in the tax. • Senior garbage subsidy—the subsidy costs the city approximately$120.000.00/year. It was suggested to eliminate it. The Senior Ad hoc Committee recommended that the seniors who qualify for the Circuit Breaker Program would still receive the subsidy. Alderman Golinski noted a discrepancy in revenues; $20,000.00 vs. $120,000.00. He asked which was correct. Administrator Olson explained that the actual revenue is $120,000.00. It was determined that the discrepancy was in what Veolia was charging. It was determined that the City Council would like more information before considering eliminating this. • Referendum for a sales tax increase—the budget impact depends on the referendum passing. • Interns—could be best option for getting work done at little cost. Mayor Burd questioned how the City Council would feel if the city could get an IT intern for a low salary. Administrator Olson stated that there is a vast difference between free and paid interns. He felt paid interns would probably be more likely to have the skills needed by the city. The City Council supported free interns but was open to look at them on a case to case basis. • Outsourcing with other municipalities and consultants—other communities have expressed an interest in outsourcing their staff to Yorkville, especially in the areas of IT and GIS. Alderman Spears questioned why the city didn't keep its own people rather than now having to outsource. Mayor Burd stated that Yorkville tried to offer its services to other communities but no one committed. • Vehicle stickers—this could be a way of generating revenue to be used for road maintenance. Alderman Plocher explained that this idea was presented to him by his parents as well as other residents. It was the consensus of the City Council not to pursue this line of revenue. • iPads v. paper—this has been discussed by the City Council before. If laptops would have been purchased when originally suggested, they would have paid for themselves over a year or two. iPads are now being used instead of laptops. They cost $500.00/iPad and will save$100.00 to $200.00/year in paper. He also noted he factored in copier maintenance, toner, etc. into the paper cost. He did not factor in staff time. Alderman Werderich noted that he has been using his own Wad since December and likes using it instead of paper. Administrator Olson stated that the cost benefit of going paperless is stretched out over four to five years. Alderman Teeling stated she liked the idea but suggested City Council members use their own equipment. Aldermen Munns and Spears were against purchasing iPads for the City Council. Alderman Golinski stated he liked using paper packets and recycled them when he was done however if the city stops printing the packets,he would buy his own Wad. Mayor Burd encouraged the City Council to get their own laptop or Wad. She stated that if the city does purchase equipment it should stay with the desk. 0 Selling or leasing assets—the city has a land and buildings being underutilized. Administrator Olson asked the City Council to approach this with caution. The consensus of the Council was to look into leasing property before considering its sale. • Business registration—requiring businesses licenses could generate revenue and result in the city having an accurate database of every business in the city. Administrator Olson explained that a business registration does exist however it has not been updated in three years. The City Council was divided on this issue. It was suggested to register businesses without a fee. • Selling other sponsorship opportunities—this is a highly variable potential for $100,000.00 and upward in revenue. Some municipalities sell ad space on their buildings or water towers. It was suggested to look at this on a case to case basis. • More furloughs—non-union staff are taking five days of furloughs this fiscal year which creates an expense reduction of$25,000.00. The majority of the City Council was against furloughs. • Pay cuts—with almost half of the city's employees having a bargaining contract,this is not equitable. Also, the budget impact is variable. It was suggested to lower the pay scales on job descriptions and to address the department heads salaries. The majority of the City Council was against pay cuts. The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 7 • Structural changes in budgeting—there are still one-time revenues (building permits, development fees, etc)being used to fund ongoing operational costs. The mayor is against this and has mandated that it end in FY 12. This has already been implemented. • Enterprise opportunities—there are going to be opportunities such as a solar power facility for the city to venture into. The budget impact of these opportunities is highly variable. It was discussed to look at these on a case to case basis. • Off peak water pumping hours—the Administration Committee discussed pumping water during off-peak hours only in order to save energy costs. Administrator Olson explained that the city bids out for electricity rates and that they are locked in for a year. Through this process, the city agrees to not pump during peak hours. Administrator Olson addressed budget amendments suggested by staff as outlined in his March 4, 2011 memo(from the March 8, 2011 City Council packet). He asked the City Council for input so staff could finalize the budget. • Police Commission- staff recommended authorizing a change in the Police Commission line item from$7,000.00 to $15,000.00. They asked that the City Council approve the change so staff could change the line item in the final budget. • Development Fees—staff recommended that this line item be reduced from$17,500.00 to $10,500.00. The original calculation was based on an impact fee of$500.00/home. The actual amount is $300.00/home. The change has no impact on the general fund but impacts the fund balance within the Police Equipment Capital Fund. • Road Contribution Fees -the original amount proposed was $24,000.00. The revised amount is $20,000.00 and the change impacts the fund balance. The original amount was based on a calculation of twelve homes at $2,000.00 when it should have been based on ten homes at the same amount. Administrator Olson stated that if the recommended changes are authorized by the City Council the general fund will go from$260,636.00 to $252,636.00. It was the consensus of the City Council to support the changes recommended in the memo. Alderman Gilson recommended looking at increasing the municipal impact and road contribution fees. Administrator Olson explained that the road fees could possibly be increased but the impact fees could not. Alderman Gilson asked if staff could compile some information on increasing the fee. Administrator Olson stated they could but it would take a few months to compile it. Alderman Gilson asked if Yorkville could raise the development and inspection fees and still be comparable to area communities. Administrator Olson stated that it could. Alderman Gilson asked if this discussion could be placed on an Administration Committee meeting agenda for further. Alderman Spears suggested removing the training recommended in#4 of the March 4,2011 memo and address it next year. Alderman Gilson agreed. Administrator Olson explained that $34,800.00 is for mandatory training, $16,400.00 is for recommended training and that $9,000.00 is for the IML conference. There was some discussion on how attending the IML Conference was abused in the past. Administrator Olson felt that the new alderman could benefit from attending the conference. Administrator Olson suggested that if the funds for the IML Conference were removed that about $500.00 remain for the newly elected training seminar and some training for staff. After a brief discussion, it was recommended to keep funds in the budget for the newly elected officials training and not the IML conference. Administrator Olson noted that with the City Council approval of the new health care costs, the budget will need to be revised to reflect the increase of about $275,000.00. The fund balance will be used and will be significantly less. Alderman Gilson had the following questions on the February 18, 2011 memo: • What is the dollar equivalent if the city receives 200 new residential construction permits needed to remove the water infrastructure fee? Administrator Olson stated that it was $600,000.00. • Where is the city at in regards to the rebate with Raging Waves? Administrator Olson stated that he has met with Raging Waves and the rebate will be before the council in a few months. He explained that the increased rebate has been budgeted for. • Were building permit revenues down in this budget. Administrator Olson stated they were. • Was the same amount for professional services for engineering being kept in the budget? Administrator Olson stated it was. • What is the breakdown of the bad debt? Director Fredrickson explained that it was for the landfill and accounts receivable. The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 8 • Did all recent Annexation Agreements have engineering impact fees? Administrator Olson stated that they did; this was included in agreements from 2004 forward. • When was the last water connection comparison? Administrator Olson stated that it was done in 2007-2008. Was it going to be looked at again? Administrator Olson stated that this was not tied to any other community but was based on the cost of expansion. He stated he would look into other community's fees. • What was the status of the Rec Center purchase? Administrator Olson stated that there was nothing to report. • What is the status on the Rec Center property tax? Administrator Olson stated that the city was still fighting for being released from the taxes but it may not happen. Alderman Spears questioned the cable franchise fee. Did the city get any more information from AT&T? Administrator Olson stated that their service began in 2008/2009 and there is up to $5,000.00 in revenue. Alderman Golinski asked if AT&T U-verse was available to the entire city. Administrator Olson explained that it was offered in some areas inside city limits but there is an issue with U-verse boxes in the right-of-way verses private property. Alderman Spears noted that a purchase of one police vehicle is allowed in the budget and she thought they were allowed more. Administrator Olson explained that this was discussed in great detail and only one was placed in the budget. If any vehicles breakdown and need replacement they can be addressed as a budget amendment. There were no further questions or comments. Mayor Burd indicated that the budget would be on the next City Council agenda for approval. CITY COUNCIL REPORT None. CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. DIRECTOR OF PARKS &RECREATION'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Hart thanked everyone who attended the law enforcement dinner. He stated that the department received two awards at the event. Lieutenant Schwartzkopf received an award for nineteen years of meritorious service and the department received a valor award for its role in an officer related shooting in August 2010. Mayor Burd congratulated the department on the awards. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale-Noble reported that the final Building Code updates were discussed at a meeting March 21, 2011. Recommendations will be sent to the Economic Development Committee and then there will be a public hearing at a City Council meeting before they are adopted. . The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 9 COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY&LIAISON REPORT Medicare Part B Alderman Spears gave a report on the new benefits that have been added to Medicare Plan B; wellness exams, cholesterol screenings, flu shots, etc. Health Screening Alderman Spears reported that there would be a free health screening sponsored by Rush-Copley event at the Beecher Center on April 15, 2011 from 8:00 to 9:30 a.m. There will also be a diabetes screening the same day and times. Health Plex Family Event Alderman Spears reported that there was a"Play It Safe"family event at the Health Plex on April 30, 2011 from 10:00 a.m. to 1:00 p.m. Defensive Driving Class Alderman Spears reported that a defensive driving class for drivers over the age of fifty would be held on April 14 and 15, 2011. The cost is $15.00/person. Southwest Fox Valley Cable Consortium Alderman Spears reported that she attended the Southwest Fox Valley Cable Consortium meeting where they discussed a refund of 1/4 of the fees to all the participating communities. She went over the statistic covering the last year's service. Yorkville Bristol Sanitary District Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District meeting where they discussed health insurance, legal counsel,pump monitoring, etc. Canoecopia Alderman Werderich reported that he attended the Canoecopia event along with Administrator Olson and Lynn Dubajic. They were there to promote Yorkville and the whitewater park. He noted that they received a great response and that the Illinois Paddling Council did a presentation on the park. Yorkville Economic Development Corporation Alderman Munns reported that he attended the Yorkville Economic Development Corporation meeting where they discussed the bike path issue and the city's sewer bonds. ADDITIONAL BUSINESS Beecher Center HVAC Alderman Sutcliff asked if the HVAC was going to be replaced at the Beecher Center. Administrator Olson explained that this was being put off as for in the future as possible. The estimated cost for the replacement is $330,000.00. Cultural Arts Liaison Alderman Sutcliff stated that she would like to be the Cultural Arts Commission liaison. Administrator Olson explained that this fell under the Governing Ordinance which needs to be amended to add the commission. Mayor Burd asked that her request be discussed by the Administration Committee. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of discussing litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Teeling-aye, Sutcliff-aye, Munns-aye The City Council entered Executive Session at 9:53 p.m. The City Council returned to regular session at 10:00 p.m. The Minutes of the Regular Meeting of the City Council—March 22, 2011 —page 10 ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Sutcliff. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 10:00 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Bill List Finance ■ EST. 1 1836 Engineer ❑ Tracking Number y City Administrator ❑ °^Y `O Public Works ❑ Ken Call County El`E Agenda Item Summary Memo Title: Bill List Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW FISCAL YEAR 10/11 INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ AA000002 JULIE VISHER 042711 04/27/11 01 POLICE-APRIL 13 & APRIL 27 01-210-62-00-5443 05/10/11 300.00 ADMIN ADJUDICATION CONTRAC 02 ADMIN HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 AACVB AURORA AREA CONVENTION 033111-ALL 04/25/11 01 FINANCE-MARCH ALL SEASON HOTEL 01-120-65-00-5844 05/10/11 15.89 MARKETING - HOTEL TAX 02 TAX ** COMMENT ** INVOICE TOTAL: 15.89 033111-HAMPTON 04/26/11 01 FINANCE-MARCH HAMPTON INN 01-120-65-00-5844 05/10/11 1,929.25 MARKETING - HOTEL TAX 02 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 1,929.25 033111-SUPER 04/25/11 01 FINANCE-MARCH SUPER 8 HOTEL 01-120-65-00-5844 05/10/11 855.68 MARKETING - HOTEL TAX 02 TAX ** COMMENT ** INVOICE TOTAL: 855.68 VENDOR TOTAL: 2,800.82 ARAMARK ARAMARK UNIFORM SERVICES 610-7042613 04/19/11 01 STREETS-UNIFORMS 01-410-62-00-5421 05/10/11 31.85 WEARING APPAREL 02 WATER OP-UNIFORMS 51-000-62-00-5421 31.85 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00-5421 31.85 WEARING APPAREL INVOICE TOTAL: 95.55 610-7047288 04/26/11 01 STREETS-UNIFORMS 01-410-62-00-5421 05/10/11 31.48 WEARING APPAREL -I- DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ARAMARK ARAMARK UNIFORM SERVICES 610-7047288 04/26/11 02 WATER OP-UNIFORMS 51-000-62-00-5421 05/10/11 31.48 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00-5421 31.48 WEARING APPAREL INVOICE TOTAL: 94.44 VENDOR TOTAL: 189.99 ATTINTER AT&T INTERNET SERVICES 842804266-8-0411 04/09/11 01 ADMIN-T.1 SERVICE 01-110-62-00-5436 05/10/11 462.82 TELEPHONE INVOICE TOTAL: 462.82 VENDOR TOTAL: 462.82 BATTERYS BATTERY SERVICE CORPORATION 208661 04/08/11 01 STREETS-BATTERY 01-410-62-00-5408 05/10/11 29.65 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 29.65 VENDOR TOTAL: 29.65 BPAMOCO BP AMOCO OIL COMPANY 29559028 04/24/11 01 POLICE-GASOLINE 01-210-65-00-5812 05/10/11 182.13 GASOLINE INVOICE TOTAL: 182.13 29559029 04/24/11 01 STREETS-GASOLINE 01-410-65-00-5812 05/10/11 226.69 GASOLINE 02 WATER OP-GASOLINE 51-000-65-00-5812 226.69 GASOLINE 03 SEWER OP-GASOLINE 52-000-65-00-5812 226.70 GASOLINE INVOICE TOTAL: 680.08 VENDOR TOTAL: 862.21 n DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BRENNTAG BRENNTAG MID-SOUTH, INC. BMS862304 04/14/11 01 DRUM RETURN CREDIT 51-000-62-00-5407 05/10/11 -425.00 TREATMENT FACILITIES O&M INVOICE TOTAL: -425.00 BMS999459 04/13/11 01 WATER OP-CHEMICALS 51-000-62-00-5407 05/10/11 1,071.25 TREATMENT FACILITIES O&M INVOICE TOTAL: 1,071.25 VENDOR TOTAL: 646.25 BROIHLAW LAW OFFICE OF J.C. BROIHIER 1141 04/01/11 01 POLICE-REVIEWED COMMISSIONS 01-210-64-00-5607 05/10/11 825.00 POLICE COMMISSION 02 RULES AND REGULATIONS ** COMMENT ** INVOICE TOTAL: 825.00 VENDOR TOTAL: 825.00 BURDV VALERIE BURD 043011 04/20/11 01 ADMIN-APRIL PHONE BILL 01-110-62-00-5438 05/10/11 45.00 CELLULAR TELEPHONE 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-000-0411C 04/15/11 01 ADMIN-MONTHLY LINE CHARGES 01-110-62-00-5436 05/10/11 191.78 TELEPHONE 02 ADMIN-CITY HALL NORTELL 01-110-62-00-5436 278.75 TELEPHONE 03 POLICE-CITY HALL NORTEL 01-210-62-00-5436 278.75 TELEPHONE 04 WATER OP-CITY HALL NORTEL 51-000-62-00-5436 278.75 TELEPHONE -Q- DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-000-0411C 04/15/11 05 POLICE-MONTHLY LINE CHARGES 01-210-62-00-5436 05/10/11 538.70 TELEPHONE 06 WATER OP-MONTHLY LINE CHARGES 51-000-62-00-5436 886.42 TELEPHONE 07 POLICE-CITY HALL FIRE 01-210-62-00-5436 36.89 TELEPHONE 08 ADMIN-CITY HALL FIRE 01-110-62-00-5436 36.89 TELEPHONE INVOICE TOTAL: 2,526.93 VENDOR TOTAL: 2,526.93 CAMBRIA CAMBRIA SALES COMPANY INC. 31052 04/08/11 01 SEWER OP-PAPER TOWEL 52-000-65-00-5805 05/10/11 83.25 SHOP SUPPLIES INVOICE TOTAL: 83.25 31097 04/19/11 01 ADMIN-PAPER TOWELS 01-110-65-00-5804 05/10/11 20.50 OPERATING SUPPLIES INVOICE TOTAL: 20.50 VENDOR TOTAL: 103.75 CARGILL CARGILL, INC 3157292 04/11/11 01 WATER OP-BULK ROCK SALT 51-000-62-00-5407 05/10/11 2,853.97 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,853.97 VENDOR TOTAL: 2,853.97 CDWG CDW GOVERNMENT INC. XDD2601 04/19/11 01 SEWER OP-SERVER 52-000-75-00-7002 05/10/11 728.90 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 728.90 VENDOR TOTAL: 728.90 DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ COLDUP COLLEGE OF DUPAGE 041411 04/14/11 01 POLICE-NON CREDIT REGISTRATION 01-210-64-00-5604 05/10/11 50.00 TRAINING & CONFERENCE 02 SPONSORSHIP FEE ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 COMED COMMONWEALTH EDISON 4329092028-0411 04/21/11 01 STREETS-LIGHTS 01-410-62-00-5435 05/10/11 1,607.26 ELECTRICITY INVOICE TOTAL: 1,607.26 6963019021-0411 04/15/11 01 STREETS-LIGHTS 01-410-62-00-5435 05/10/11 33.68 ELECTRICITY INVOICE TOTAL: 33.68 8344010026-0411 04/22/11 01 STREETS-LIGHTS 01-410-62-00-5435 05/10/11 430.73 ELECTRICITY INVOICE TOTAL: 430.73 VENDOR TOTAL: 2,071.67 EJEQUIP EJ EQUIPMENT 0044396 04/13/11 01 SEWER OP-X-TEND-A-CLAW 52-000-62-00-5419 05/10/11 415.81 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 415.81 VENDOR TOTAL: 415.81 EVANSONS EVANS & SONS BLACKTOP, INC. M41782 04/30/11 01 LAND CASH-TENNIS COURT AT 72-000-75-00-7333 05/10/11 25,604.84 RAINTREE VILLAGE 02 RAINTREE PARK ** COMMENT ** INVOICE TOTAL: 25,604.84 VENDOR TOTAL: 25,604.84 DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000_WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ EXELON EXELON ENERGY 200306900080 04/21/11 01 STREETS-LIGHTS 01-410-62-00-5435 05/10/11 187.25 ELECTRICITY INVOICE TOTAL: 187.25 VENDOR TOTAL: 187.25 FLAILMAS NATIONAL PARTS CORPORATION 108852 04/08/11 01 STREETS-HEX BORE ROLLER 01-410-62-00-5408 05/10/11 161.78 MAINTENANCE-EQUIPMENT 02 BEARING AND HOUSING, PACKAGE ** COMMENT ** 03 SHOE WEAR PLATE ** COMMENT ** INVOICE TOTAL: 161.78 VENDOR TOTAL: 161.78 FREDRICR ROB FREDRICKSON 043011 05/01/11 01 FINANCE-APRIL PHONE BILL 01-120-62-00-5438 05/10/11 45.00 CELLULAR TELEPHONE 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 GARDKOCH GARDINER KOCH & WEISBERG H-1845C-77002 04/10/11 01 ADMIN-LAY COM MATTERS 01-110-61-00-5303 05/10/11 830.24 LITIGATION COUNSEL INVOICE TOTAL: 830.24 H-1847C-76999 04/10/11 01 ADMIN-GENERAL LEGAL MATTERS 01-110-61-00-5303 05/10/11 185.00 LITIGATION COUNSEL INVOICE TOTAL: 185.00 H-1961C-76998 04/10/11 01 ADMIN-KENDALL MARKETPLACE 01-110-61-00-5303 05/10/11 499.50 LITIGATION COUNSEL DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GARDKOCH GARDINER KOCH & WEISBERG H-1961C-76998 04/10/11 02 MATTERS ** COMMENT ** 05/10/11 INVOICE TOTAL: 499.50 H-1974C-76995 04/10/11 01 ADMIN-IEPA LEGAL MATTERS 01-110-61-00-5300 05/10/11 5,258.00 SPECIAL COUNSEL INVOICE TOTAL: 5,258.00 H-2013C-77000 04/10/11 01 ADMIN-HAMMAN FEES MATTERS 01-110-61-00-5303 05/10/11 203.50 LITIGATION COUNSEL INVOICE TOTAL: 203.50 H-2303C-77001 04/10/11 01 ADMIN-HAMMAN ORDINANCE APPEAL 01-110-61-00-5303 05/10/11 296.00 LITIGATION COUNSEL INVOICE TOTAL: 296.00 H-2644C-76996 04/10/11 01 ADMIN-KENCOMM MATTERS 01-110-61-00-5303 05/10/11 6,246.25 LITIGATION COUNSEL INVOICE TOTAL: 6,246.25 VENDOR TOTAL: 13,518.49 GOODWINL LISA R. GOODWIN 042011 04/25/11 01 ADMIN-APRIL 20 MEETING MINUTES 01-110-62-00-5401 05/10/11 91.00 CONTRACTUAL SERVICES INVOICE TOTAL: 91.00 VENDOR TOTAL: 91.00 GRAINCO GRAINCO FS. , INC. 119298 03/22/11 01 STREETS-TIRE REPAIR 01-410-62-00-5409 05/10/11 37.50 MAINTENANCE-VEHICLES INVOICE TOTAL: 37.50 VENDOR TOTAL: 37.50 HARTRICH HART, RICHARD DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HARTRICH HART, RICHARD 042711 04/27/11 01 POLICE-FBI NATIONAL ACADEMY 01-210-64-00-5604 05/10/11 50.00 TRAINING & CONFERENCE 02 TRAINING REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 2844487 04/20/11 01 WATER OP-6 100 CF METERS, 6 51-000-75-00-7508 05/10/11 358.39 METERS & PARTS 02 BOTTOM PLATE GASKETS, 6 ** COMMENT ** 03 STRAINERS ** COMMENT ** INVOICE TOTAL: 358.39 VENDOR TOTAL: 358.39 HOMEDEPO HOME DEPOT 1013488 03/25/11 01 STREETS-FILTER 01-410-62-00-5414 05/10/11 11.67 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 11.67 8012971 03/18/11 01 STREETS-FILTERS 01-410-62-00-5414 05/10/11 104.72 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 104.72 9012901 03/17/11 01 STREETS-ANT BAIT 01-410-62-00-5414 05/10/11 3.47 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 3.47 VENDOR TOTAL: 119.86 HRGREEN HR GREEN 74064 04/25/11 01 CW CAPITAL-ILLINOIS RT 47 AT 23-000-62-00-5401 05/10/11 4,469.00 CONTRACTUAL SERVICES DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HRGREEN HR GREEN 74064 04/25/11 02 CANNONBALL TRAIL ** COMMENT ** 05/10/11 INVOICE TOTAL: 4,469.00 VENDOR TOTAL: 4,469.00 ITRON ITRON 189031 04/11/11 01 WATER OP-COMMUNICATION & HOST 51-000-65-00-5804 05/10/11 438.69 OPERATING SUPPLIES 02 HEAD END FEES ** COMMENT ** INVOICE TOTAL: 438.69 VENDOR TOTAL: 438.69 JCM JCM UNIFORMS, INC. 647997 04/20/11 01 POLICE-TROUSERS, STEALTH, 01-210-62-00-5421 05/10/11 259.04 WEARING APPAREL 02 BADGE ** COMMENT ** INVOICE TOTAL: 259.04 VENDOR TOTAL: 259.04 JSHOES J'S SHOE REPAIR 7518-1 04/27/11 01 WATER OP-BOOTS 51-000-62-00-5421 05/10/11 131.00 WEARING APPAREL INVOICE TOTAL: 131.00 VENDOR TOTAL: 131.00 JUSTSAFE JUST SAFETY, LTD 13931 04/18/11 01 ADMIN-FIRST AID SUPPLIES 01-110-65-00-5804 05/10/11 41.25 OPERATING SUPPLIES INVOICE TOTAL: 41.25 13932 04/18/11 01 SEWER OP-FIRST AID SUPPLIES 52-000-65-00-5805 05/10/11 64.10 SHOP SUPPLIES INVOICE TOTAL: 64.10 VENDOR TOTAL: 105.35 -Q- DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KCACP KENDALL COUNTY ASSOCIATION 396676 04/20/11 01 POLICE-CHIEF'S LUNCHEON 01-210-64-00-5605 05/10/11 90.00 TRAVEL EXPENSES 02 MEETING ** COMMENT ** INVOICE TOTAL: 90.00 VENDOR TOTAL: 90.00 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 377099 04/01/11 01 ADMIN-GENERAL EMPLOYMENT 01-110-61-00-5300 05/10/11 225.00 SPECIAL COUNSEL 02 MATTERS ** COMMENT ** INVOICE TOTAL: 225.00 VENDOR TOTAL: 225.00 LEYENDEK KRISTIA R.M. LEYENDECKER 04/2011 04/21/11 01 ADMIN-MEETING MINUTES FOR 01-110-62-00-5401 05/10/11 133.00 CONTRACTUAL SERVICES 02 04/21/11, 04/19/11 & 04/20/11 ** COMMENT ** INVOICE TOTAL: 133.00 VENDOR TOTAL: 133.00 MENLAND MENARDS - YORKVILLE 73569 04/04/11 01 WATER OP-GLOVES 51-000-65-00-5804 05/10/11 6.98 OPERATING SUPPLIES INVOICE TOTAL: 6.98 74276 04/07/11 01 WATER OP-GLOVES 51-000-65-00-5804 05/10/11 6.98 OPERATING SUPPLIES INVOICE TOTAL: 6.98 75559 04/12/11 01 SEWER OP-MASONRY CEMENT 52-000-62-00-5419 05/10/11 7.48 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 7.48 DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.0_ # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 77576 04/20/11 01 WATER OP-RAIN GAUGES 51-000-65-00-5804 05/10/11 4.47 OPERATING SUPPLIES INVOICE TOTAL: 4.47 77843-11 04/21/11 01 WATER OP-STOVE BOLT 51-000-65-00-5804 05/10/11 0.82 OPERATING SUPPLIES INVOICE TOTAL: 0.82 VENDOR TOTAL: 26.73 MJELECT MJ ELECTRICAL SUPPLY, INC. 1120101-02 04/07/11 01 STREETS-PLASTIC TAP 01-410-62-00-5415 05/10/11 17.90 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 17.90 1121015-01 04/15/11 01 STREETS-BULBS 01-410-62-00-5415 05/10/11 143.20 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 143.20 1121548-00 04/13/11 01 STREETS-BULBS 01-410-62-00-5416 05/10/11 31.00 MAINTENANCE PROPERTY INVOICE TOTAL: 31.00 1121588-00 04/14/11 01 STREETS-BULBS 01-410-62-00-5415 05/10/11 8.95 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 8.95 1121588-01 04/18/11 01 STREETS-BULBS 01-410-62-00-5415 05/10/11 44.75 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 44.75 VENDOR TOTAL: 245.80 NCI NORTHWEST COLLECTORS INC 068816 03/29/11 01 POLICE-COMMISSION ON 01-210-62-00-5443 05/10/11 118.00 ADMIN ADJUDICATION CONTRAC _11_ DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NCI NORTHWEST COLLECTORS INC 068816 03/29/11 02 COLLECTIONS ** COMMENT ** 05/10/11 INVOICE TOTAL: 118.00 VENDOR TOTAL: 118.00 NEXTEL NEXTEL COMMUNICATIONS 837900513-110-CITY 04/15/11 01 COMM/DEV-MONTHLY CHARGES 01-220-62-00-5438 05/10/11 110.03 CELLULAR TELEPHONE 02 ENG-MONTHLY CHARGES 01-150-62-00-5438 105.06 CELLULAR TELEPHONE 03 POLICE-MONTHLY CHARGES 01-210-62-00-5438 855.39 CELLULAR TELEPHONE 04 SEWER OP-MONTHLY CHARGES 5200062005438 130.06 05 STREETS-MONTHLY CHARGES 01-410-62-00-5438 200.11 CELLULAR TELEPHONE 06 WATER OP-MONTHLY CHARGES 51-000-62-00-5438 200.11 CELLULAR TELEPHONE INVOICE TOTAL: 1,600.76 VENDOR TOTAL: 1,600.76 OHERROND RAY O'HERRON COMPANY, INC. 0036449-IN 04/18/11 01 PD CAPITAL-AIR CARTRIDGES, 20-000-75-00-7001 05/10/11 1,461.65 EQUIPMENT 02 HOLSTERS ** COMMENT ** INVOICE TOTAL: 1,461.65 VENDOR TOTAL: 1,461.65 OLSONB BART OLSON 043011 04/20/11 01 ADMIN-APRIL PHONE BILL 01-110-62-00-5438 05/10/11 45.00 CELLULAR TELEPHONE 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PATELN PATEL, NITIN 042511 04/25/11 01 DEVELOPER ESCROW-REFUND OF 90-015-15-00-0011 05/10/11 479.75 ESCROW - LEGAL 02 LEGAL DEPOSIT FOR COMPLETED ** COMMENT ** 03 HAMPTON INN VARIANCE SIGN ** COMMENT ** INVOICE TOTAL: 479.75 VENDOR TOTAL: 479.75 PITBOW PITNEY BOWES 1970458-AP11 04/13/11 01 ADMIN-JANUARY - APRIL RENTAL 01-110-65-00-5808 05/10/11 700.00 POSTAGE & SHIPPING 02 CHARGES ** COMMENT ** INVOICE TOTAL: 700.00 VENDOR TOTAL: 700.00 PROBUILD PRO-BUILD 230564 04/14/11 01 STREETS-DOOR LOCK 01-410-62-00-5416 05/10/11 37.04 MAINTENANCE PROPERTY INVOICE TOTAL: 37.04 VENDOR TOTAL: 37.04 PUBSAFDI PUBLIC SAFETY DIRECT, INC 21864 03/20/11 01 PD CAPITAL-INSTALL EMERGENCY 20-000-75-00-7006 05/10/11 1,004.30 CAR BUILD OUT 02 EQUIPMENT INTO VEHICLE ** COMMENT ** INVOICE TOTAL: 1,004.30 21936 04/17/11 01 POLICE-RADIO REMOVED AND SPARE 01-210-62-00-5409 05/10/11 488.98 MAINTENANCE - VEHICLES 02 INSTALLED, REPAIRED DAMAGED ** COMMENT ** 03 STROBE WIRE, MOUNT STROBE ** COMMENT ** 04 COMPONENTS ** COMMENT ** INVOICE TOTAL: 488.98 �o DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PUBSAFDI PUBLIC SAFETY DIRECT, INC 21950 04/24/11 01 POLICE-REPLACE INOP ALLEY 01-210-62-00-5409 05/10/11 140.99 MAINTENANCE - VEHICLES 02 LIGHT & MAG CHARGER ** COMMENT ** INVOICE TOTAL: 140.99 VENDOR TOTAL: 1,634.27 R0000B80 BARB LENSKE 030711 03/07/11 01 ADMIN-TEMPORARY SIGN DEPOSIT 01-000-41-00-4110 05/10/11 50.00 02 REFUND BUILDING PERMITS INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 80000881 PAMELA A. KLEINWACHTER 042511 04/25/11 01 DEVELOPER ESCROW-REFUND 90-004-04-00-0011 05/10/11 491.50 ESCROW - LEGAL 02 REMAINING LEGAL DEPOSIT FOR ** COMMENT ** 03 SPECIAL USE PERMIT ** COMMENT ** INVOICE TOTAL: 491.50 VENDOR TOTAL: 491.50 80000882 CHICAGO LOAN FUNDING, LLC 042711 04/27/11 01 ADMIN-REFUND SECURITY DEPOSIT 01-000-24-00-2415 05/10/11 900.00 SURETY DEPOSITS PAYABLE 02 GUARANTEE FOR 1141 KATE DRIVE ** COMMENT ** INVOICE TOTAL: 900.00 VENDOR TOTAL: 900.00 R0000883 MIKE BOUZEK 040211 04/02/11 01 STREETS-MAILBOX REPAIR 01-410-65-00-5804 05/10/11 64.81 OPERATING SUPPLIES DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ R0000883 MIKE BOUZEK 040211 04/02/11 02 REIMBURSEMENT ** COMMENT ** 05/10/11 INVOICE TOTAL: 64.81 VENDOR TOTAL: 64.81 SERVMASC SERVICEMASTER COMM. CLEANING 151574 04/15/11 01 MONTHLY OFFICE CLEANING 01-110-62-00-5406 05/10/11 1,196.00 OFFICE CLEANING INVOICE TOTAL: 1,196.00 VENDOR TOTAL: 1,196.00 SHELL SHELL OIL CO. 065356230104-PD 04/12/11 01 POLICE-GASOLINE 01-210-65-00-5812 05/10/11 7,409.51 GASOLINE INVOICE TOTAL: 7,409.51 VENDOR TOTAL: 7,409.51 TAPCO TAPCO I365021 03/30/11 01 MFT-SIGN 15-000-75-00-7007 05/10/11 67.10 SIGNS INVOICE TOTAL: 67.10 I365206 04/04/11 01 MFT-SIGNS 15-000-75-00-7007 05/10/11 251.70 SIGNS INVOICE TOTAL: 251.70 VENDOR TOTAL: 318.80 TPI TPI BUILDING CODE CONSULTANTS 4896 03/31/11 01 COMM/DEV-MARCH PLUMBING 01-220-61-00-5314 05/10/11 495.00 INSPECTIONS 02 INSPECTIONS ** COMMENT ** INVOICE TOTAL: 495.00 VENDOR TOTAL: 495.00 1F DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TRAFFIC TRAFFIC CONTROL CORPORATION 0000047374 02/28/11 01 STREETS-PUSH BUTTON ROUND 01-410-62-00-5414 05/10/11 107.00 MAINTENANCE-TRAFFIC SIGNAL 02 4 HOLE ADAPTER, ADAPTER RING ** COMMENT ** INVOICE TOTAL: 107.00 VENDOR TOTAL: 107.00 TUFFY KRIBBS AUTOMOTIVE, INC 21863 03/08/11 01 POLICE-OIL CHANGE 01-210-62-00-5409 05/10/11 23.96 MAINTENANCE - VEHICLES INVOICE TOTAL: 23.96 22503 04/14/11 01 POLICE-OIL CHANGE 01-210-62-00-5409 05/10/11 23.96 MAINTENANCE - VEHICLES INVOICE TOTAL: 23.96 22511 04/14/11 01 POLICE-TIRE BALANCE & MOUNTING 01-210-62-00-5409 05/10/11 50.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 50.00 22518 04/15/11 01 POLICE TIRES 01-210-62-00-5409 05/10/11 264.09 MAINTENANCE - VEHICLES INVOICE TOTAL: 264.09 VENDOR TOTAL: 362.01 UPS UNITED PARCEL SERVICE 00004296X2161 04/16/11 01 ADMIN-1 PKG. TO KFO 01.110-65-00-5808 05/10/11 63.17 POSTAGE & SHIPPING INVOICE TOTAL: 63.17 VENDOR TOTAL: 63.17 VISA VISA 042611-CITY 04/26/11 01 COMM/DEV-CODE BOOKS 01-220-65-00-5814 05/10/11 120.45 BOOKS & MAPS DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000_WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------ VISA VISA 042611-CITY 04/26/11 02 ENG-2 FILE STORAGE CABINETS 01-150-65-00-5802 05/10/11 599.98 OFFICE SUPPLIES 03 ENG-SURVEY ROD 01-150-65-00-5801 182.74 ENGINEERING SUPPLIES 04 FINANCE-WEBSITE UPKEEP FEE 01-120-75-00-7002 15.77 COMPUTER EQUIP & SOFTWARE 05 ENG-CDS 01-150-65-00-5801 37.05 ENGINEERING SUPPLIES 06 COMM/DEV-CDS 01-220-65-00-5802 37.05 OFFICE SUPPLIES 07 WATER OP-MONTHLY CABLE 51-000-62-00-5401 19.98 CONTRACTUAL SERVICES 08 SEWER OP-MONTHLY CABLE 52-000-62-00-5401 19.98 CONTRACTUAL SERVICES 09 STREETS-MONTHLY CABLE 01-410-62-00-5401 19.99 CONTRACTUAL SERVICES INVOICE TOTAL: 1,052.99 042611-PD 04/26/11 01 POLICE-RECORD STORAGE RACK, 01-210-65-00-5804 05/10/11 490.90 OPERATING SUPPLIES 02 1 CASE OF CERTIFICATE KITS ** COMMENT ** 03 POLICE-JUICE FOR DARE 01-210-64-00-5616 16.25 DARE PROGRAM 04 GRADUATION ** COMMENT ** 05 POLICE-CHILD ID KITS, PENCILS 01-210-64-00-5606 379.00 COMMUNITY RELATIONS INVOICE TOTAL: 886.15 VENDOR TOTAL: 1,939.14 WALMART WALMART COMMUNITY 042211-CITY 04/22/11 01 ADMIN-KLEENEX, SOAP, PAPER 01-110-65-00-5804 05/10/11 35.34 OPERATING SUPPLIES 02 TOWEL ** COMMENT ** INVOICE TOTAL: 35.34 VENDOR TOTAL: 35.34 17 DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WAREHOUS WAREHOUSE DIRECT 1108978-0 04/20/11 01 ADMIN-BLANK CERTIFICATE PAPER 01-110-65-00-5804 05/10/11 7.54 OPERATING SUPPLIES 02 FOR CLERK'S OFFICE ** COMMENT ** INVOICE TOTAL: 7.54 VENDOR TOTAL: 7.54 WATERSYS WATER SOLUTIONS UNLIMITED, INC 29770 04/08/11 01 WATER OP-PHOSPHATE 51-000-62-00-5407 05/10/11 2,034.00 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,034.00 VENDOR TOTAL: 2,034.00 YARDLAND YARDWORKS LANDSCAPE SUPPLIES 12962 04/25/11 01 WATER OP-SOD 51-000-65-00-5804 05/10/11 752.22 OPERATING SUPPLIES INVOICE TOTAL: 752.22 VENDOR TOTAL: 752.22 YBSD YORKVILLE BRISTOL 042811 04/28/11 01 TRUST & AGENCY-SANITARY FEES 95-000-78-00-9008 05/10/11 245,839.18 YBSD PAYMENTS 02 FOR MARCH 2011 ** COMMENT ** INVOICE TOTAL: 245,839.18 0551-008564594 03/31/11 01 WATER OP-MARCH FEES 51-000-62-00-5407 05/10/11 5,858.20 TREATMENT FACILITIES O&M INVOICE TOTAL: 5,858.20 VENDOR TOTAL: 251,697.38 YORKCLER YORKVILLE CLERK'S ACCOUNT 145314 04/25/11 01 ENG-PLAT OF DEDICATION 01-150-62-00-5401 05/10/11 136.00 CONTRACTUAL SERVICES INVOICE TOTAL: 136.00 VENDOR TOTAL: 136.00 10 DATE: 05/04/11 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 13:43:41 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKPDPC YORKVILLE POLICE DEPT. 042711 04/27/11 01 POLICE-POSTAGE 01-210-65-00-5808 05/10/11 0.10 POSTAGE & SHIPPING 02 PD CAPITAL-TITLE REQUEST 20-000-65-00-5840 95.00 SEIZED VEHICLES INVOICE TOTAL: 95.10 VENDOR TOTAL: 95.10 YORKSELF YORKVILLE SELF STORAGE, INC 042511-45 04/25/11 01 POLICE-APRIL STORAGE RENT 01-210-65-00-5804 05/10/11 75.00 OPERATING SUPPLIES INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 TOTAL ALL INVOICES: 335,516.48 _1Q_ DATE: 05/02/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:55:13 DETAIL BOARD REPORT FISCAL YEAR 11112 ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT --------------------------------------------------------------------------------- BANCAMER BANC OF AMERICA LEASING 011857249-CITY 04/22/11 01 FINANCE-MAY COPIER LEASE 01-120-54-00-5485 05/10/11 143.00 RENTAL & LEASE PURCHASE 02 ADMIN-MAY COPIER LEASE 01-110-54-00-5485 143.00 RENTAL & LEASE PURCHASE 03 COMM/DEV-MAY COPIER LEASE 01-220-54-00-5485 136.50 RENTAL & LEASE PURCHASE 04 ENG-MAY COPIER LEASE 01-150-54-00-5485 136.50 RENTAL & LEASE PURCHASE 05 POLICE-MAY COPIER LEASE FOR 2 01-210-54-00-5485 277.00 RENTAL & LEASE PURCHASE 06 COPIERS ** COMMENT ** 07 WATER OP-MAY COPIER LEASE 51-510-54-00-5485 33.00 RENTAL & LEASE PURCHASE 08 STREETS-MAY COPIER LEASE 01-410-54-00-5485 33.00 RENTAL & LEASE PURCHASE 09 SEWER OP-MAY COPIER LEASE 52-520-54-00-5485 33.00 RENTAL & LEASE PURCHASE INVOICE TOTAL: 935.00 VENDOR TOTAL: 935.00 DAC DAC 3290 05/02/11 O1 ADMIN SERVICES-HRA ANNUAL 01-640-54-00-5462 05/10/11 150.00 PROFESSIONAL SERVICES 02 ADMIN FEE ** COMMENT ** INVOICE TOTAL: 150.00 3291 05/02/11 01 ADMIN SERVICES-COBRA ANNUAL 01-640-54-00-5462 05/10/11 150.00 PROFESSIONAL SERVICES 02 ADMIN FEE ** COMMENT ** INVOICE TOTAL: 150.00 3292 05/02/11 01 ADMIN SERVICES-FSA SECTION 125 01-640-54-00-5462 05/10/11 150. 00 PROFESSIONAL SERVICES nn DATE: 05/02/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:55:13 DETAIL BOARD REPORT ID: AP441000_WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------ DAC DAC 3292 05/02/11 02 ANNUAL ADMIN FEE ** COMMENT ** 05/10/11 INVOICE TOTAL: 150.00 VENDOR TOTAL: 450.00 ESTILUNV EASTERN ILLINOIS UNIVERSITY 11-12 MEMBER 05/02/11 01 FINANCE-IMTA ANNUAL DUES 01-120-54-00-5460 05/10/11 80.00 DUES & SUBSCRIPTIONS INVOICE TOTAL: 80.00 VENDOR TOTAL: 80.00 ILEPAADM IL ENV. PROTECTION AGENCY 050211 05/02/11 01 WATER OP-WATER SUPPLY PROGRAM 51-510-54-00-5429 05/10/11 4,235.89 WATER SAMPLES INVOICE TOTAL: 4,235.89 VENDOR TOTAL: 4,235.89 ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 034097 04/20/11 01 POLICE-JULY 2011 - DECEMBER 01-210-54-00-5484 05/10/11 3,330.00 MTD - ALERTS FEE 02 2011 CHARGES ** COMMENT ** INVOICE TOTAL: 3,330.00 VENDOR TOTAL: 3,330.00 ILTACTIC ILLINOIS TACTICAL OFFICERS 1551 04/18/11 01 POLICE-MEMBERSHIP DUES 01-210-54-00-5460 05/10/11 40.00 DUES & SUBSCRIPTIONS 02 POLICE-ARMORERS COURSE 01-210-54-00-5412 50.00 TRAINING & CONFERENCES 03 TRAINING FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 90.00 VENDOR TOTAL: 90.00 DATE: 05/02/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:55:13 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT --------------------------------------------------------------------------------------------------------------------------------- METLIFE METLIFE SMALL BUSINESS CENTER 041811 04/18/11 01 ADMIN SERVICES-MAY LIFE 01-640-52-00-5222 05/10/11 1,275.01 GROUP LIFE INSURANCE 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 1,275.01 VENDOR TOTAL: 1,275.01 R0000594 BRIAN BETZWISER 060111 04/15/11 01 PW CAPITAL-PRINCIPLE PAYMENT 21-211-92-00-8000 05/10/11 2,299.64 PRINCIPLE PAYMENT 02 PW CAPITAL-INTEREST PAYMENT 21-211-92-00-8050 4,558.28 INTEREST PAYMENT INVOICE TOTAL: 6,857.92 VENDOR TOTAL: 6,857.92 WATERPRO RI WATERMAN PROPERTIES 051811-18 05/01/11 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 05/10/11 22,988.77 GRANDE RESERVE COURT ORDER 02 ORDERED PAYMENT #18 ** COMMENT ** INVOICE TOTAL: 22,988.77 VENDOR TOTAL: 22,988.77 TOTAL ALL INVOICES: 40,242.59 DATE: 05/05/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 16:02:58 DETAIL BOARD REPORT ID: AP441000.WOW FISCAL YEAR 11/12 INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BANCAMER BANC OF AMERICA LEASING 011857249-CITY 04/22/11 01 FINANCE-MAY COPIER LEASE 01-120-54-00-5485 05/10/11 143.00 RENTAL & LEASE PURCHASE 02 ADMIN-MAY COPIER LEASE 01-110-54-00-5485 143.00 RENTAL & LEASE PURCHASE 03 COMM/DEV-MAY COPIER LEASE 01-220-54-00-5485 136.50 RENTAL & LEASE PURCHASE 04 ENG-MAY COPIER LEASE 01-150-54-00-5485 136.50 RENTAL & LEASE PURCHASE 05 POLICE-MAY COPIER LEASE FOR 2 01-210-54-00-5485 277.00 RENTAL & LEASE PURCHASE 06 COPIERS ** COMMENT ** 07 WATER OP-MAY COPIER LEASE 51-510-54-00-5485 33.00 RENTAL & LEASE PURCHASE 08 STREETS-MAY COPIER LEASE 01-410-54-00-5485 33.00 RENTAL & LEASE PURCHASE 09 SEWER OP-MAY COPIER LEASE 52-520-54-00-5485 33.00 RENTAL & LEASE PURCHASE INVOICE TOTAL: 935.00 VENDOR TOTAL: 935.00 CLARKR RICHARD HOPKINS CLARK 060111 05/05/11 01 CW CAPITAL-REAL ESTATE 23-230-97-00-8000 05/10/11 62,500.00 PRINCIPLE PAYMENT INVOICE TOTAL: 62,500.00 VENDOR TOTAL: 62,500.00 DAC DAC 3290 05/02/11 01 ADMIN SERVICES-HRA ANNUAL 01-640-54-00-5462 05/10/11 150.00 PROFESSIONAL SERVICES 02 ADMIN FEE ** COMMENT ** INVOICE TOTAL: 150.00 3291 05/02/11 01 ADMIN SERVICES-COBRA ANNUAL 01-640-54-00-5462 05/10/11 150.00 PROFESSIONAL SERVICES no DATE: 05/05/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 16:02:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P_0. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DAC DAC 3291 05/02/11 02 ADMIN FEE ** COMMENT ** 05/10/11 INVOICE TOTAL: 150.00 3292 05/02/11 01 ADMIN SERVICES-FSA SECTION 125 01-640-54-00-5462 05/10/11 150.00 PROFESSIONAL SERVICES 02 ANNUAL ADMIN FEE ** COMMENT ** INVOICE TOTAL: 150.00 VENDOR TOTAL: 450.00 ESTILUNV EASTERN ILLINOIS UNIVERSITY 11-12 MEMBER 05/02/11 01 FINANCE-IMTA ANNUAL DUES 01-120-54-00-5460 05/10/11 80.00 DUES & SUBSCRIPTIONS INVOICE TOTAL: 80.00 VENDOR TOTAL: 80.00 GASKILLS SHARON CLARK GASKILL 060111 05/05/11 01 CW CAPITAL-REALESTATE 23-230-97-00-8000 05/10/11 62,500.00 PRINCIPLE PAYMENT INVOICE TOTAL: 62,500.00 VENDOR TOTAL: 62,500.00 ILEPAADM IL ENV. PROTECTION AGENCY 050211 05/02/11 01 WATER OP-WATER SUPPLY PROGRAM 51-510-54-00-5429 05/10/11 4,235.89 WATER SAMPLES INVOICE TOTAL: 4,235.89 VENDOR TOTAL: 4,235.89 ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 034097 04/20/11 01 POLICE-JULY 2011 - DECEMBER 01-210-54-00-5484 05/10/11 3,330.00 MTD - ALERTS FEE el n DATE: 05/05/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 16:02:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 034097 04/20/11 02 2011 CHARGES ** COMMENT ** 05/10/11 INVOICE TOTAL: 3,330.00 VENDOR TOTAL: 3,330.00 ILTACTIC ILLINOIS TACTICAL OFFICERS 1551 04/18/11 01 POLICE-MEMBERSHIP DUES 01-210-54-00-5460 05/10/11 40.00 DUES & SUBSCRIPTIONS 02 POLICE-ARMORERS COURSE 01-210-54-00-5412 50.00 TRAINING & CONFERENCES 03 TRAINING FOR 1 PERSON ** COMMENT ** INVOICE TOTAL: 90.00 VENDOR TOTAL: 90.00 METLIFE METLIFE SMALL BUSINESS CENTER 041811 04/18/11 01 ADMIN SERVICES-MAY LIFE 01-640-52-00-5222 05/10/11 1,275.01 GROUP LIFE INSURANCE 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 1,275.01 VENDOR TOTAL: 1,275.01 R0000594 BRIAN BETZWISER 060111 04/15/11 01 PW CAPITAL-PRINCIPLE PAYMENT 21-211-92-00-8000 05/10/11 2,299.64 PRINCIPLE PAYMENT 02 PW CAPITAL-INTEREST PAYMENT 21-211-92-00-8050 4,558.28 INTEREST PAYMENT INVOICE TOTAL: 6,857.92 VENDOR TOTAL: 6,857.92 WATERPRO RI WATERMAN PROPERTIES 051811-18 05/01/11 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 05/10/11 22,988.77 GRANDE RESERVE COURT ORDER -99- DATE: 05/05/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 16:02:59 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 05/10/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WATERPRO RI WATERMAN PROPERTIES 051811-18 05/01/11 02 ORDERED PAYMENT #18 ** COMMENT ** 05/10/11 INVOICE TOTAL: 22,988.77 VENDOR TOTAL: 22,988.77 TOTAL ALL INVOICES: 165,242.59 nc UNITED CITY OF YORKVILLE PAYROLL SUMMARY 4/23/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION 7,086.42 0.00 7,086.42 673.93 508.01 8,268.36 FINANCE 6,406.14 0.00 6,406.14 609.23 487.12 7,502.49 COMMUNITY REL. 0.00 0.00 0.00 0.00 0.00 0.00 ENGINEERING 5,719.91 0.00 5,719.91 543.97 432.21 6,696.09 POLICE 77,845.65 1,038.82 78,884.47 424.99 5,898.11 85,207.57 COMMUNITY DEV. 7,505.97 0.00 7,505.97 713.81 553.54 8,773.32 STREETS 8,010.12 185.71 8,195.83 779.43 620.79 9,596.05 WATER 13,320.99 331.66 13,652.65 1,298.39 1,017.40 15,968.44 SEWER 9,438.35 0.00 9,438.35 897.57 703.57 11,039.49 PARKS 13,721.42 0.00 13,721.42 1,291.16 1,038.03 16,050.61 RECREATION 9,950.20 0.00 9,950.20 892.96 761.07 11,604.23 REC. CENTER 9,929.95 0.00 9,929.95 576.93 759.74 11,266.62 LIBRARY 19,164.15 0.00 19,164.15 880.75 1,466.04 21,510.94 TOTALS 188,099.27 1,556.19 189,655.46 9,583.12 14,245.63 213,484.21 TOTAL PAYROLL 4/23/2011 213,484.21 TOTAL DISBURSEMENTS 213,484.21 UNITED CITY OF YORKVILLE SUMMARY SHEET 5/10/2011 TOTAL PAYROLL 4/29/2011 $213,484.21 TOTAL INVOICES FY 10/11 5/10/2011 $335,516.48 TOTAL INVOICES FY 11/12 5/1012011 $165,242.59 BNY WIRE TRANSFER-FOX INDUSTRIAL TIF 5/20/2011 $3,391 .25 BNY WIRE TRANSFER-COUNTRYSIDE TIF 5/20/2011 $65,571 .25 TOTAL DISBURSEMENTS $783,205.78 c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor #1 Finance ❑ EST. 1 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K all ty CC 2011-29 El LE Agenda Item Summary Memo Title: Appointment of Ward 2 Alderman Larry Kot Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Gary Golinski Name Department Agenda Item Notes: LARRY D . KOT OBJECTIVE To be considered for the position of Ward 2 Alderman for the United City of Yorkville. EDUCATION Bachelor of Art's Degree,University of Illinois—Chicago Graduated in 1977,Political Science Major,Dean's List Completed internship at Illinois State Capitol Associate Art's Degree,Thornton Community College Graduated in 1975,Academic Honors WORK EXPERIENCE Illinois State Police, 1985 to present. Title: Public Service Administrator PROFESSIONAL EXPERIENCE United City of Yorkville,Alderman for Ward 2 Elected to two 4 year terms (1997—2005) Held titles of Mayor Pro Tem, Public Safety Committee Chairman (5 years), Public Works Committee Chairman (2 years). Member of Administration Committee, Liaison to Park Board and member of the KENCOM Executive Board. Village of Tinley Park,Illinois,Village Trustee Elected to one 4 year term (1983—1987) Held titles of Mayor Pro Tem, Public Safety Committee Chairman and Building Committee Chairman. Member of Budget & Audit and Public Works Committees. c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor #2 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K �� ty . CC 2011-30 a El LE Agenda Item Summary Memo Title: Ordinance Repealing the Governing Ordinance Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Gary Golinski Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 201 AN ORDINANCE REPEALING THE GOVERNING ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS WHEREAS, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006- 133, on June 26, 2007 as Ordinance 2007-49, July 10, 2007 as Ordinance 2007-50, July 24, 2007 as Ordinance 2007-53, on January 22, 2008 as Ordinance 2008-02, on April 22, 2008 as Ordinance 2008-27, on June 24, 2008, as Ordinance 2008-58A, on September 23, 2008, as Ordinance 2008-84, on March 24, 2009 as Ordinance 2009-16, on May 12, 2009 as Ordinance 2009-27, on January 12, 2010 as Ordinance 2010-06, and on July 13, 2010 as Ordinance 2010-36, and now desires to repeal said Ordinance in its entirety; and, WHEREAS, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and, 1 WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Governing Ordinance for the United City of Yorkville is hereby repealed. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2011. City Clerk ROSE SPEARS DIANE TEELING GEORGE GILSON, JR. JACQUELYN MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. Mayor 2 c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor #3 Finance ❑ EST. 1 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K a�� ty . CC 2011-31 El LE Agenda Item Summary Memo Title: Selection of Mayor Pro Tern Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO: 2005-�_ RESOLUTION APPROVING MAYOR PRO TEM POLICY WHEREAS, the Mayor and City Council deem it in the best interest of the United City of Yorkville to develop a Mayor Pro Tem Policy; and WHEREAS, the purpose of such a policy is for the Council of Alderpersons to elect one of its members to act as Mayor Pro Tem in the event of a temporary absence or a disability causing the Mayor to be incapacitated from the performance of his duties; WHEREAS, after extensive study and review, the City Stafl Mayor and City Council developed a Mayor Pro Tem Policy which is attached hereto as Exhibit "A"; NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved by a majority of those Aldermen voting, that the City hereby adopts the United City of Yorkville Mayor Pro Tem Policy attached hereto as Exhibit "A". PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE y VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this as day offs QL , 2005. Mayor Page I of 2 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this —ate— day o _ 2005. i Clerk Prepared by: City Clerk's Office United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 6301553-4350 Fax: 630-553-7575 Page 2 of 2 cj; r United City of Yorkville J2 4 0 836 Mayor Pro Tem Policy — Approved 2/22/05 .2 SCE ew MAYOR PRO TEM. (A) There is created the office of Mayor Pro Tem for the City. (B) In the event of a temporary absence, or a disability causing the Mayor of the City to be incapacitated from the performance of his duties, but which by law does not create a vacancy in the office of Mayor, the Council of Alderpersons shall elect one of its members to act as Mayor Pro Tem. The Mayor Pro Tem, during the absence or disability of the Mayor, shall perform the duties and possess all the rights and powers of the Mayor. (C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City Council meeting in May. The Council of Alderpersons shall vote to elect one of its members Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years. However, the Mayor Pro Tem shall not act as Mayor Pro Tem unless and until the Mayor is temporarily absent or is disabled to an extent so as to incapacitate him from the performance of his duties. (D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in his capacity as Alderperson on any ordinance, resolution, or motion. Statutory reference: Mayor pro tem, see ILCS Ch. 65, Act 5 § 3 . 1 -35-35 c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor#4 Finance ❑ EST. 1 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K a�� ty . CC 2011-32 El LE Agenda Item Summary Memo Title: Appointments to City Council Committees Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Gary Golinski Name Department Agenda Item Notes: Committee Assignments Administration Committee: Rose Spears—Chairman George Gilson Carlo Colosimo Marty Munns Economic Development: Marty Munns—Chairman Chris Funkhouser Jackie Milschewski Diane Teeling Public Safety: Carlo Colosimo—Chairman Rose Spears Larry Kot Chris Funkhouser Public Works: George Gilson—Chairman Diane Teeling Larry Kot Jackie Milschewski ♦,��D C/T y Reviewed By: Agenda Item Number 2 A o J Legal ❑ Mayor#5 11 "AM T Finance ❑ EST. �Z 1836 Engineer El-�� Tracking Number W City Administrator ❑ °°�°ov$edt O Consultant El Ke da�o ty CC 2011-33 <�E El Agenda Item Summary Memo Title: Appointment of Hearing Officers—Walter Werderich and Daniel Transier Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Gary Golinski Name Department Agenda Item Notes: Resumes for Mr. Werderich and Mr. Transier are attached. 486 Sunflower Court Yorkville, Illinois 60560 April 19,2011 Mayor Elect Gary Goliniski c/o United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Gary: Please consider the enclosed resume as an application for the Administrative Hearing Officer position in the United City of Yorkville. As a current member of Yorkville's City Council and as a practicing attorney who's main area of practice is criminal law, I feel that my knowledge of Yorkville, my familiarity with the city's ordinances, and my legal experience make me a good candidate for the Administrative Hearing Officer position. While serving on the Council the past four years, I have had the opportunity to be appointed to the Public Safety Committee, the Economic Development Committee and the Administration Committee. Further, the past two years I served as the Chairman of the Public Safety,Committee. In my appointment to these committees, specifically the Public Safety Committee, I have been involved with the administrative adjudication process since its beginnings in Yorkville. Additionally, my employment experience has afforded me the opportunity to work both as a prosecutor in Kendall County and as a defense attorney in Kendall, Kane, DeKalb, and Winnebago Counties. Thus, I am able to bring unique perspective and experience through my professional background as an attorney and as an elected official. If you would like to meet further regarding my qualifications concerning the Adrnillistrative Hearing Officer position, I would be glad to illierview at your convenience. Thank you for taking the time to consider my application. I look forward to your reply. Sincerely, 2 44 ji" Walter G. Werderich Enclosure Walter G. Werderich 486 Sunflower Court Y r ville,Illinois 60560 Day (630)553-7551 Evening BAR ADMISSION Admitted to the Illinois Bar,May,2000 EXPERIENCE Alderman May 8,2007-Present United City of Yorkville, Illinois Elected to represent the First Ward on United City of Yorkville's City Council. Assistant Public Defender July 2007—Present Kane County Public Defender's Office, Saint Charles,Illinois Felony trial attorney carrying a caseload averaging over 80 cases. Staff Supervising Attorney/Adjunct Professor September 2005—July 2007 Northern Illinois University, College of Law—Zeke Giorgi Clinic, Rockford,Illinois Supervised senior law students practicing under Illinois Supreme Court rule 711 in the areas of criminal law,mediation, elder law,and domestic violence, while personally maintaining an individual caseload and teaching credit classes. Assistant State's Attorney June 2005—September 2005 Kendall County State's Attorney's Office, Yorkville,Illinois Directed the county's misdemeanor caseload from case filing to trial. Assistant Public Defender August 2003—June 2005 Kane County Public Defender's Office, Saint Charles,Illinois Served as the juvenile delinquency public defender,first chair public defender in the county's DUI courtroom, and oversaw the office's student intern staff. Associate Attorney August 1999—August 2003 Krentz and Krentz,P.C., Plano,Illinois Managed extensive general practice caseload emphasizing in criminal defense; family law, and collections in all aspects of the legal process including litigation. Law Clerk June 1997-August 1998 Juergensmeyer and Associates, Elgin, Illinois Drafted memorandums,motions, complaints,and answers while helping attorneys with case management in both civil and criminal practice. Assistant Baseball Coach November 1995 -July 1996 Judson College, Elgin, Illinois Coordinated fundraising,purchasing, recruiting,and oraznized team practices. EDUCATION Valparaiso University School of Law,Indiana J.D., 1999; Concentration:Employment and Labor Law Member,Moot Court Society Radio Talk Show Host, WVUR 95.1 F.M.Radio,Valparaiso Judson College,Elgin, Illinois B.A.,History, 1995-G.P.A.3.43/4.0 Dean's List All Semesters Captain, Varsity Baseball Team Elgin Community College,Illinois A.S.,History, 1994-G.P.A.3.46/4.0 Dean's List All Semesters Vice President, Student Senate Captain,Varsity Baseball Team INTERESTS Eagle Scout, Vigil Honor, and Leadership in America awards; Assistant Scoutmaster and Leadership Trainer in the regional Boy Scout Council; Private Pilot with over 300 hours of flight time. SAW o(F(FlCE o(F QAJ'VyEL V TXWSIER 664 W. Veterans rar6vay, Suite(D Torky&, Illinois 60560 630-553-6006 630-553-7144 (fax) April 18, 2011 United City of Yorkville Attn: Deputy Clerk 800 Game Farm Road Yorkville, IL 60560 Re: Hearing Officer Opening To Whom It May Concern: Please accept this resume as my formal application for the position of administrative adjudication hearing officer for the City of Yorkville. As a former Kendall County Assistant State's Attorney, a practicing attorney with an office in the City of Yorkville, as well as a resident of Yorkville, I would like to take this opportunity to offer my services to my community. As my resume indicates, I am familiar with many areas of the law and feel that I would add valuable experience to the position of administrative adjudication hearing officer. I look forward to hearing from you and the possibility of discussing this position in greater detail. If you have any questions or concerns, please contact me at your convenience. Sincerely, Daniel V. Transier enc. 664 W. Veterans Parkway, 630.55a-6006(Office) Suite D (Cell) Yorkville,IL 60560 Daniel V. Transier objective To further my understanding of and experience in the legal system through the administrative adjudication process. Experience 2007-Present Law Office of Daniel V. Transier Yorkville, IL Solo Practitioner • Civil practice involves landlord/tenant litigation and family law. • Majority of practice devoted to the defense of criminal charges ranging from simple traffic offenses to felony charges. • Certified Guardian Ad Litem for minors&disabled adults, conflict public defender, attorney for CASA Kendall County. 2006-2007 Garelli&Grogan, P.C. Elmhurst, IL Associate Attorney • Gained experience in civil practice and procedure, specifically in the area of construction law, mechanic's liens and landlord/tenant. • Acquired valuable courtroom experience by arguing civil motions, as well as, research and writing skills by drafting said motions and memorandum in support. • Sharpened case management skills with a wide variety of pending files. 2002-2006 Kendall County State's Attorney Yorkville, IL Assistant State's Attorney • Prosecuted criminal cases in traffic, DUI, misdemeanor, juvenile (delinquency and abuse/neglect)and felony courtrooms with numerous bench and jury trials. • Responsible for County ordinance violation prosecution and child support enforcement. • Drafted complaints,search warrants, and affidavits for search warrants as Assistant State's Attorney for the Cooperative Police Assistance Team. Education 1999-2001 Drake University School of Law Des Moines, IA ■ Member of the Drake Law School Legal Clinic providing assistance to indigent clients. 1994-1998 St. Mary's University Winona, MN • B.A., History with a minor in Political Science. Professional Kane County Bar Association Memberships Kendall County Bar Association CASA Kendall County PAderences Available upon request C/T y Reviewed By: Agenda Item Number 2 A o J Legal Mayor#6 11 "AM T Finance ❑ EST. �Z 1836 Engineer El-�� Tracking Number City Administrator ■ °°�°ov$edt O Consultant ❑ Ke da C—ty Chief of Police CC 2011-34 C E ■ Agenda Item Summary Memo Title: Ordinance Adopting Hiring Standards for Part-Time Police Officers Meeting and Date: City Council- May 10th, 2011 Synopsis: Ordinance is required by state law. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Deputy Chief Dave Delaney Police Name Department Agenda Item Notes: Ordinance No. 2011- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, ADOPTING HIRING STANDARDS FOR PART-TIME POLICE OFFICERS WHEREAS, the United City of Yorkville (the "City") is a duly organized, and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois; and, WHEREAS,the City hires part-time police officers to serve as members of the City's police department; and WHEREAS, Section 3.1-30-21 of the Illinois Municipal Code, (65 ILCS 5/3.1-30-21), mandates that any municipality employing part-time police officers shall, by ordinance, establish hiring standards for part-time police officers and shall submit those standards to the Illinois Law Enforcement Training Standards Board; and WHEREAS,the City to comply with the training requirements of the Illinois Municipal Code hereby adopts this ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 5, Chapter 1, of the Yorkville City Code, as amended, be and is hereby amended by adding section 5-1-7 to read as follows: "7. HIRING STANDARDS FOR PART-TIME POLICE OFFICERS: All police officers, other than those officers who shall be employed on a full-time basis, shall be qualified to enter and successfully complete any training mandated for part-time police officers by the Illinois Law Enforcement Training Standards Board including the Illinois Police Training Act (50 ILCS 705/8.2) and the Illinois Peace Officer Firearm Training Act (50 ILCS 710/0.01 et seq.)." Section 2. That a certified copy of this Ordinance establishing hiring standards for part- time police officers employed by the United City of Yorkville, Kendall County, Illinois, shall be filed with the Illinois Law Enforcement Training Standards Board, as required by statute. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACQUELYN MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR 2 c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor #7 Finance ■ EST. 1 1836 Engineer ❑ Tracking Number y City Administrator ■ Consultant El K a�� ty . CC 2011-35 El LE Agenda Item Summary Memo Title: NIMEC Street Light Bid Meeting and Date: City Council 5110111 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Memorandum , ': To: City Council Es' _` ys3s From: Rob Fredrickson, Finance Director O CC: Bart Olson, City Administrator p Date: May 5, 2011 <LdAC— � Subject: NIMEC Street Light Bid Since 2006 the City has solicited bids from the Northern Illinois Municipal Electric Cooperative (NIMEC) for the purposes of securing an electrical supplier at the lowest possible cost. Recently NIMEC has contacted staff stating that they will declare a bid date once ComEd releases its new June 2011 thru July 2012 rates, which is expected to happen sometime in late May. Once the bids are received, NIMEC will compare the Com Ed rate to the other rates received from Exelon and NextEra Energy, and make a recommendation based on whichever firm has the lowest bid. Once the winning bid has been identified and presented to the City, we will have approximately 24 hours to decide whether or not to except. Because of this short time frame, staff is requesting that the City Council authorize the City Administrator and Finance Director to approve the lowest bid, at their discretion, and to sign contracts to secure the provision of electricity from the lowest bidder as presented by NIMEC. This authority would be effective only for the current NIMEC bid cycle, which ends on June 30, 2011. c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor# 8 Finance ❑ EST. 1 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K a�� ty . CC 2011-36 El LE Agenda Item Summary Memo Title: Police Sergeants' Union Contract Meeting and Date: City Council 5110111 Synopsis: Approval of collective bargaining agreement Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: c/Ty Reviewed By: Agenda Item Number 2 i o J a T Legal ❑ Treasurer#1 Finance ❑ EST. 1 1836 Engineer ❑ Tracking Number 4 y City Administrator ❑ Consultant ❑ Ke^aa�°�^ty CC 2011-37 LE City Treasurer ■ Agenda Item Summary Memo Title: Annual Report of the Police Pension Board Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: none Council Action Requested: Submitted by: Bill Powell, City Treasurer Name Department Agenda Item Notes: To: Police Pension Board City Council Subject:Police Pension Activity for Fiscal Year May 1, 2010 to April 30, 2011 (As required by Illinois State Statue 40 ILCS 5/3— 141) Fiscal 2009-10 Fiscal 2010-11 Fiscal 2011-12 Estimated Actual (4/30) Estimated Actual (4/30) Estimated Balance as of May 1: N/A $ 2,740,233.35 N/A $ 3,645,473.42 N/A Contributions: Employees: $ 210,000.00 $ 201,873.51 $ 200,000.00 $ 177,483.48 $ 170,000.00 IMRF Transfers $ - $ - $ - $ - $ - Tax Levy: $ 325,000.00 $ 323,291.26 $ 325,000.00 $ 336,074.89 $ 375,000.00 Investment Income: N/A Total Contributions: $ 535,000.00 $ 525,164.77 $ 525,000.00 $ 513,558.37 $ 545,000.00 ExpensesPaid: Contribution Refunds $ - $ - $ 33,674.27 $ 33,674.27 $ - Supplies: $ 100.00 $ - $ 100.00 $ - $ - Legal Fees: $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 2,050.00 $ 3,000.00 Accounting/Minutes $ 1,600.00 $ 1,412.50 $ 1,000.00 $ 1,125.00 $ 1,200.00 Audit Fees: $ 2,150.00 $ 4,030.00 $ 3,500.00 $ - $ 2,250.00 IDOI Filing Fees: $ 1,350.00 $ 1,300.00 $ 1,600.00 $ 3,225.00 $ 3,000.00 Actuarial Fees: $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 Investment Fees: $ 15,000.00 $ 17,104.00 $ 19,000.00 $ 17,284.00 $ 19,000.00 Board Training $ 1,000.00 $ 100.00 $ 2,000.00 $ 1,081.42 $ 1,000.00 IDOI Compliance Fees $ 500.00 $ 526.31 $ 600.00 $ 551.82 $ 600.00 IPPAC Membership $ - $ - $ 250.00 $ 250.00 Retirement Payments $ 113,880.60 $ 112,579.92 $ 275,000.00 $ 300,527.96 $ 336,000.00 Total Expenses $ 139,680.60 $ 141,152.73 $ 340,574.27 $ 361,269.47 $ 367,800.00 Fiscal Year End Balance: $ 3,645,473.42 $ 4,217,622.00 Submitted by: William Powell: Treasurer President Secretary file: Annual T Rpt 43011.x1s c/Ty Reviewed By: Agenda Item Number 2 i o J a T Legal ❑ Treasurer#2 Finance ❑ EST. 1 1836 Engineer ❑ Tracking Number 4 y City Administrator ❑ Consultant ❑ Ke °�^ty CC 2011-38 LE City Treasurer ■ Agenda Item Summary Memo Title: Required Report to the Municipality by the Police Pension Board Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: none Council Action Requested: Submitted by: Bill Powell, City Treasurer Name Department Agenda Item Notes: REQUIRED REPORTING TO MUNICIPALITY BY PENSION BOARD As of 4/30/2011 fiscal year end (40 ILCS 5/3143) (from Ch. 108 112, par. 3143) Sec. 3143. Report by pension board. The pension board shall report annually to the city council or board of trustees of the municipality on the condition of the pension fund at the end of its most recently completed fiscal year. The report shall be made prior to the council or board meeting held for the levying of taxes for the year for which the report is made. 1. Total Assets (cost): $3,643,355 Total Assets (market value): $3,643,355 2. Estimated receipts during the next succeeding fiscal year from: Participant Contributions deducted from payroll $201,924 All other sources $323,291 3. Estimated amount required during the next succeeding fiscal year to: (a)pay all pensions and other obligations provided in this Article $321,178 (b) meet the annual requirements of the fund as provided in Sections 3-125 and 3-127, Funding Requirement $496,952 4. Total Net Income received from investment of net assets: $520,152 Assumed Investment Return: 7.50% Actual Investment Return: 17.69% Total Net Income received from investment of net assets (fye 4/30/2010): $225,010 Assumed Investment Return(fye 4/30/2010): 7.50% Actual Investment Return(fye 4/30/2010) -8.01% 5. Total number of Active Employees that are financially contributing to the fund: 27 6. Disbursements to: (i) Annuitants in receipt of a regular retirement pension 3 Total number of annuitants: 3 Total amount that was disbursed in benefits: 220066 (ii) Recipients being paid a disability pension Total number of annuitants 0 Total amount that was disbursed in benefits 0 (iii) Survivors and children in receipt of benefits Total number of annuitants: 0 Total amount that was disbursed in benefits: 0 7. Funded ratio of the fund 38.3% 8. Unfunded Liability $5,866,440 9. Investment Policy of the pension board under the statutory investment restrictions imposed on the fund. See attachment. Certification 1, Todd Overmyer, President of the Police Pension Board, United City of Yorkville, Kendall County, Illinois, do hereby certify that this document is a true and correct copy of. "Required Reporting to Municipality By Pension Board" as outlined in 40 ILCS 5/3143. Witness my hand this 10th day of May 2011. Todd Overmyer President of United City of Yorkville Police Pension Board MEMO Date: November 12, 2008 To: Mayor Burd and the Yorkville City Council From: William Powell, Treasurer cc: Police Pension Board Susan Mika, Finance Director Subject: Required Reporting to Municipality By Pension Board I have completed the attached "Required Report"which includes Larry Debord's certification. Below are two remaining clauses of this statute that are directed to the municipality. My comments are included for your consideration. 40 ILCS 5/3143 (a) Report by pension board Before the pension board makes its report, the municipality shall have the assets of the fund and their current market value verified by an independent certified public accountant of its choice. Wolf& Company provides the auditing services to both the City and Pension Board; therefore, it is not necessary to seek additional verification by another independent certified public accountant. 40 ILCS 5/3143 (b) Publication: The municipality is authorized to publish the report submitted under 40 ILCS 5/3- 143. This publication may be made, without limitation, by publication in a local newspaper of general circulation in the municipality or by publication on the municipality's internet website. If the municipality publishes the report, then that publication must include all of the information submitted by the pension board under 40 ILCS 5/3143 (a)1-9. The City reserves the right to publish; however, this is an unnecessary cost and I recommend no report publication at this time. C/T y Reviewed By: Agenda Item Number J= Q Legal Director of Parks &Rec #1 111,11 "AM Finance ❑ EST. �Z 1836 Engineer ❑ u City Administrator Tracking Number °°°°oysea, �p Police ❑ Kentlall County E y Human Resources El CC 2011-39 t Public Works ❑ City Council Agenda Item Summary Memo Title: Ordinance approving a lease agreement with Creative Kernels (131 E Hydraulic Ave) City Council/Committee Agenda Date: City Council—May 10, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 04/26/11 CC Action Taken: Tabled to Park Board Item Number: Type of Vote Required: Super-majority(6 out of 8 aldermen) Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Table of contents: 1) Tracking document 2) Analysis memo 3) Clean copy of ordinance—to be approved 4) Clean copy of specifications document -to be approved 5) Track changes copy of the specifications document a. for your use in tracking changes from Park Board to the City Council Co.y o Memorandum To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u " p Date: May 10, 2011 Count�Y Seat Subject: Creative Kernels Lease Agreement �4L. This item was last discussed by the City Council on April 26, 2011. At that meeting, the City Council tabled to Park Board the selection of Creative Kernels as the vendor with which a lease agreement would be negotiated. At the subsequent Park Board meeting, the Park Board recommended Creative Kernels as the vendor, and directed staff to negotiate a lease agreement with them. The original proposal put forth by Creative Kernels asked for a 20 year term(instead of 6) and asked for the City to participate in funding certain improvements to the building (the proposal was that the City would fund nothing. Both requests were denied by the Park Board, but the Park Board did agree to give Creative Kernels a "right of first refusal" on the building during the option terms and after the end of this contract. Language for a right of first refusal has been added. During the lease negotiations, Creative Kernels asked for a rent cap on the base rent between contract terms. Staff determined a 5% rent cap would be reasonable, as most of the money to be generated from the concession-lease agreement would come from the 5% concession tax on gross revenues. In summary, the lease agreement will allow Creative Kernels to operate in the south portion of the building at 131 E Hydraulic Street for a period of two years, with two 2-year option terms after the initial term. The rent for the building is $200 per month, but the City also would receive 5% of all gross revenues generated by Creative Kernels. Creative Kernels intends to sublease to "Whitewater Custard". The sublease document would have to be approved by the Interim Director of Parks and Recreation, and the document must comply with all terms of the lease agreement with Creative Kernels. In order to approve the lease of municipal property, the City Council must approve this item by a two-thirds majority. Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A LEASE AGREEMENT WITH CREATIVE KERNELS, INC. (131 E. HYDRAULIC AVENUE) WHEREAS, the United City of Yorkville (" the City") is a duly organized, and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois; and, WHEREAS, the City is authorized pursuant to section 11-76-1 of the Illinois Municipal Code (65 ILCS 5/11-76-1) to lease real estate owned by the City when it is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the City; and, WHEREAS, the City and Creative Kernels, Inc. have agreed to terms of a lease of the building at 131 E. Hydraulic Avenue for the purpose of operating a food concession business; and, WHEREAS, the Corporate Authorities of the United City of Yorkville hereby find that it is in the best interest of the City to enter into said lease. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the building lease between the United City of Yorkville and Upper Crust Catering, Concession Lease Agreement ("the Agreement") a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved. Section 2. That the Mayor and City Clerk, are hereby authorized to execute and deliver said Agreement on behalf of the City. Section 3. That the officials, officers, and employees of the United City of Yorkville are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and building lease. Section 4. This Ordinance shall be in full force and effect upon passage by a three fourths vote of the Corporate Authorities, approval, and publication as provided by law. 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2011. CITY CLERK ROSE SPEARS DIANE TEELING GEORGE GILSON, JR. JACQUELYN MILSCHEWSKI CHRIS FUNKHOUSER MARTY MUNNS CARLO COLOSIMO Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. MAYOR 2 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,ILLINOIS 60560 THIS CONTRACT made this day of , 2011, by and between the United City of Yorkville, an Illinois municipal corporation hereinafter called the "City" and Creative Kernels, Inc., located at 3868 Sandy Bluff Road, Plano, Illinois, 60560,hereinafter called the"Lessee". WITNESSETH: WHEREAS, the City has heretofore negotiated terms for the operation of a business for the sale of food and beverages for consumption on and off the premises to be located at 1311 East Hydraulic Street in the City of Yorkville as contained in the attached Contract Documents; and WHEREAS, the City has found that the Lessee is the best operator for said business and desires to award the Lessee this contract for said services. NOW, THEREFORE, for and in consideration of their mutual promises and agreements, the parties hereto do hereby agree as follows: 1. The Lessee agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to commence and complete the services in accordance with the conditions and prices stated in the Request for Proposals, Terms and Conditions, Detailed Specifications, and Proposal Form, all of which are made a part hereof and herein called the "Contract Documents". 2. The Lessee shall pay the City in the amounts, manner and at times as set forth in the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Contract as of the day and year first above written: UNITED CITY OF YORKVILLE By: Mayor Attest: City Clerk CREATIVE KERNELS,INC. By: Signature Print Name and Title Attest United City of Yorkville Concession-Lease Agreement Name of Proposing Company: Creative Kernels. Project Name: 131 E Hydraulic Building Proposal No.: Proposal Due: Friday, March 11, 2011 at 3:00 pm Proposal Opening Friday, March 11, 2011 at 3:01 pm Required of All Proposers: Deposit: Not Required Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Lessee: Performance Bond/Letter of Credit: Not Required Certificate of Insurance: Required Legal Advertisement Published: N/A Date Issued: Thursday, February 24, 2011 This document consists of 22 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a *.doc (Microsoft Word) or *.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON INTERIM DIRECTOR OF PARKS AND RECREATION UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.yorkville.il.us 1 United City of Yorkville The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals,to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT. Proposers MUST submit an original,2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal,the successful Proposer will receive a copy of the executed contract. 2 United City of Yorkville I. REQUEST FOR PROPOSALS 1. GENERAL 1.1. Notice is hereby given that the United City of Yorkville will receive sealed proposals up to Friday, March 11, 2011 at 3:00 pm. 1.2. Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road on Friday, March 11, 2011 at 3:01 pm. 1.3. Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.4. Proposal forms shall be sent to the United City of Yorkville, ATTN: Bart Olson, in a sealed envelope marked"SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.5. By submitting this proposal,the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential proposer. 2. PREPARATION OF PROPOSAL 2.1. It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations, provisions, and conditions surrounding the proposed services. 2.2. No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposers of record. 2.3. In case of error in the extension of prices in the proposal,the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4. All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5. The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence,overhead expense,all profits and all other work,services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3 United City of Yorkville 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1. A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal, provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2. A Proposal that is in the possession of the City may be withdrawn by the proposer,up to the time set for the proposal opening, by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety(90) days from the date set for the proposal opening,unless otherwise specified. 4. DELIVERY 4.1. All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 5. TAX EXEMPTION 5.1. The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 6. RESERVED RIGHTS 6.1. The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subLessees as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. II. TERMS AND CONDITIONS 7. CITY ORDINANCES 7.1. The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 8. USE OF CITY'S NAME 8.1. The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9.1. To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses,damages,claims,suits,liabilities,judgments,costs and expenses,which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subLessees, and the Proposer, its employees, or its subLessees,and the Proposer shall at its own expense,appear,defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action,the 4 United City of Yorkville Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify, keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its SubLessees. 10. NONDISCRIMINATION 10.1. Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal,the Proposer certifies that he is an"equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders#11246 and#11375,which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois,is a material part of any contract awarded on the basis of this proposal. 10.2. It is unlawful to discriminate on the basis of race,color,sex,national origin,ancestry,age, marital status,physical or mental handicap, sexual orientation, or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964,42 U.S.C. Secs.2000 et seq.,The Human Rights Act of the State of Illinois,775 ILCS 511-101et. seq.,and The Americans With Disabilities Act,42 U.S.C. Secs. 12101 et. seq. 11. SEXUAL HARASSMENT POLICY 11.1. The proposer,as a party to a public contract,shall have a written sexual harassment policy that: 11.1.1.Notes the illegality of sexual harassment; 11.1.2. Sets forth the State law definition of sexual harassment; 11.1.3. Describes sexual harassment utilizing examples; 11.1.4. Describes the Proposer's internal complaint process including penalties; 11.1.5. Describes the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 11.1.6. Describes the protection against retaliation afforded under the Illinois Human Rights Act. 12. EQUAL EMPLOYMENT OPPORTUNITY 12.1. In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be 5 United City of Yorkville canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows: 12.1.1.That it will not discriminate against any employee or applicant for employment because of race, color,religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability,sexual orientation,sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 12.1.2.That,if it hires additional employees in order to perform this contract or any portion thereof,it will determine the availability(in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 12.1.3.That,in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race,color,religion, sex,marital status,national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 12.1.4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations,the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 12.1.5.That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 12.1.6.That it will permit access to all relevant books,records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 12.1.7.That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed,so that such provisions will be binding upon such subLessee. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subLessees; and further it will promptly notify the contracting agency and the Department in the event any subLessee fails or refuses to comply therewith. In addition,the Proposer will not utilize any subLessee declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its 6 United City of Yorkville political subdivision or municipal corporations. 13. DRUG FREE WORK PLACE 13.1. Proposer,as a party to a public contract,certifies and agrees that it will provide a drug free workplace by: 13.2. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution,dispensation,possession or use of a controlled substance,including cannabis, is prohibited in the City's or proposer's workplace. (2)Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contact or grant,the employee will: (A)abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. 13.3. Establishing a drug free awareness program to inform employee's about: (1)the dangers of drug abuse in the workplace; (2)the City's or proposer's policy of maintaining a drug free workplace; (3)any available drug counseling,rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 13.4. Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 13.5. Notifying the contracting or granting agency within ten(10)days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 13.6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 13.7. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. 13.8. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 14. PREVAILING WAGE ACT 14.1. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 14.2. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, 7 United City of Yorkville occupations and actual wages paid to each laborer,workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four(4) years following completion of the contract. 15. INSURANCE REQUIREMENTS 15.1. Prior to the beginning of the contract period, Lessee and any SubLessees shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death,or for damage to property,including loss of use,which may arise out of operations by the Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by any of them,or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City: Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $1,000,000 Each Accident Umbrella Liability $3,000,000 15.2. Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion(if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents. 15.3. Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 15.4. Workers Compensation coverage shall include a waiver of subrogation against the City. 15.5. Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 15.6. Lessee and all SubLessees shall have their respective Comprehensive General Liability (including products/completed operations coverage), Employers Liability, Commercial Automobile Liability,and Umbrella/Excess Liability policies endorsed to add the"City of Yorkville,its officers,officials,employees and volunteers"as"additional insureds"with 8 United City of Yorkville respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Lessee of SubLessee employees, or the employees of SubLessee's subLessees of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 15.7. Lessee and all SubLessees shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A- VIII. In the event that the Lessee or any SubLessee fails to procure or maintain any insured required by the Contract Documents, the City may, at its option, purchase such coverage and deduct the cost thereof from any monies due to the Lessee or SubLessee,or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 15.8. All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. Renewal certificates shall be provided to the City not less than five(5)prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance,or to advise Lessee or SubLessee of any deficiencies in such documents,and receipt thereof shall not relieve the Lessee or SubLessee from,nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 16. COMPLIANCE WITH OSHA STANDARDS 16.1. Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 17. SUBLETTING OF CONTRACT 17.1. No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the Director of Parks and Recreation. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 18. TERM OF CONTRACT 18.1. This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However, if this contract is not one that is subject to extension, such information will be available in the detailed specifications or special conditions section, supra. 9 United City of Yorkville 19. TERMINATION OF CONTRACT 19.1. The City reserves the right to terminate the whole or any part of this contract,upon thirty (30)days written notice to the Awarded Proposer,in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Proposer. 20. BILLING & PAYMENT PROCEDURES 20.1. Payment will be made upon receipt of an invoice. Once an invoice has been verified,the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 20.2. The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request,the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 50511 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 20.3. Please send all invoices to the attention of City of Yorkville,Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 21. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 21.1. The relationship between the City and the Proposer is that of a Lessor and Lessee. 22. STANDARD OF CARE 22.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied,and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 22.2. If the Proposer fails to meet the foregoing standard,Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one (1)year from the completion of Proposer's services for the Project. 23. GOVERNING LAW 23.1. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in 10 United City of Yorkville the County of Kendall and the Northern District of Illinois. 24. SUCCESSORS AND ASSIGNS 24.1. The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 25. WAIVER OF CONTRACT BREACH 25.1. The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time,or for any period of time,any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 26. AMENDMENT 26.1. This Agreement will not be subject to amendment unless made in writing and signed by all parties. 27. SEVERABILITY OF INVALID PROVISIONS 27.1. If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction,contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 28. NOTICE 28.1. Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: Director of Parks and Recreation City of Yorkville 800 Game Farm Road. Yorkville,IL 60560 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 29. DEFINITIONS 29.1. For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases,when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, 11 United City of Yorkville and pending successful completion of contract negotiations, shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property, subject to restrictions. Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals,Terms and Conditions,Detail Specifications and the Concession Lease Agreement Lessee shall mean the firm with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. Specifications shall mean specifications identified in the Contract. 30. OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30.1. In general terms, the City is seeking to grant a lessee the exclusive privilege of operating a business on a portion of the premises generally located at 131 E Hydraulic Street in Yorkville, and as more specifically described in this document. 30.2. For purposes of evaluating the proposer's experience and certifications, copies of resumes for all proposed operators, managers and major employees for the business are required in the proposal. Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30.3. The City shall have the right to inspect the premises, provided a 24 hour notice is given to the lessee. Inspections due to an emergency do not require any notice to the lessee. 30.4. The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises. Any capital improvements done on the premises over $10,000 in value, other than the initial improvements, shall be approved by the Park Board prior to commencement. For the purposes of this agreement, maintenance work shall include regular upkeep of all components of the building, including maintenance and repairs. If any component of the building is in need of repair or replacement, and the repair or replacement is greater than $500, then the City shall be responsible for the replacement of the building component, provided the cost of repair of the component is greater than 50% of the cost of replacing the component. The preceding sentence does not apply to any capital improvements initiated and installed by the lessee as a result of the renovation of the 12 United City of Yorkville building. Any capital improvements done on the premises of$10,000 or less, other than the initial improvements, shall be approved by the Director of Parks and Recreation prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. 30.5. At the end of the agreement term, the City shall conduct an inspection of the premises, and the lessee shall be informed of the outcome of said inspection. The lessee shall be responsible for returning the premises to its original state, subject to the discretion of the Park Board. 30.6. The lessee does not have exclusive rights to all concession operations within the park, but rather, only to the specific operation at the specific location as described in the Concession Lease Agreement. 30.7. The lessee shall be permitted to operate a business offering the following goods and services in the premises defined herein, without further action by the City, and all other uses and operations must be approved by the City: 30.7.1.1. Food and beverages for consumption on- and off-premises. 30.8. The City agrees to furnish to the Lessee access to City water and sewer utilities. The Lessee is responsible for applicable usage payments for all utilities (sewer, water, electricity, phone, internet, etc.). The lessee is responsible for costs associated with utility connections and upgrades, including metering of the portion of the building to be used. 30.9. If the lessee chooses not to occupy the building through the winter months,the lessee shall take all necessary precautions and measures to properly winterize the building. These precautionary measures shall include, but not be limited to, maintaining a minimum level of heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing conditions. If alternative methods of winterizing are to be utilized, those methods shall be subject to approval from the property owner. 30.10. The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features, and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features. 31. PAYMENTS AND OTHER REPORTS TO THE CITY 31.1. The lessee is required to submit certain payments, forms, financial statements, and other items on a timely basis. Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31.2. The lessee, at minimum, shall make payments equivalent to 5% of the annual sum of the total adjusted gross receipts. Said payment shall make said payment prior to February 1 of each year. 31.3. The lessee, at minimum, shall make premises rental payments of$200 per month for 13 United City of Yorkville each month through the life of the agreement, due prior to the first of each calendar month. The lessor understands that the lessee intends to sublease the building. Lessee understands that and agrees that the lessee shall be responsible for obtaining the payments from the sublessee and forwarding the payments to the City. 31.4. The lessee shall provide the City with a security deposit in the amount of$1,000, to be due to the City prior to start of the agreement term. Said deposit shall be held until after the end of the term of the agreement, and will be used to offset any damage to the premises. 31.5. The lessee shall provide to the City, prior to the start of the lease, confirmation of insurance coverage for the premises and the operations of the business for the entire term , with the City named as additional insured on all policies. 31.6. Failure to meet any deadline for payment will result in an interest charge of 10% on said late payment. 31.7. The lessee is required to submit an annual concession financial statement by January 30 of each year. 32. FIRM QUALIFICATIONS AND EXPERIENCE 32.1. The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full-time and/or part-time basis. 32.2. The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant experience of its firm on similar engagements. 32.3. The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary, background checks may be required of the successful bidders personnel that will be employed under this contract. 33. TERM OF CONTRACT 33.1. The term of the Contract shall be negotiated in the contract, but will generally be for a two year-period with the City having an option to exercise two, two-year option terms. The Lessee may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty (120) days before the termination of the existing contract. 33.1.1. Right of First Refusal. Should at the end of any term of this contract the City and Lessee fail to come to an agreement for an extension of the contract,the contract shall end and the City shall be able to enter in to discussions with other parties to attempt to come to a new agreement. If terms of a new agreement are reached with another party, the Lessee shall be advised of those terms and shall within 10 days of its notice notify the City of its rejection or tentative acceptance of those terms. The City and Lessee shall then enter into further discussions regarding the tentative acceptance of those terms to attempt to come to a mutual agreement. Failure of the City and Lessee to come to a mutual agreement within 14 days after the Lessee's tentative notice of acceptance to the City shall result in the Lessee having 14 United City of Yorkville no further interest in a renewal contract and the City may enter into a contract with any other parry for those services. 33.1.2. During the contract terms and the contract option terms, the City agrees the base rent will not increase more than 5% from term to term 34. PRINCIPAL CONTACT FOR CITY 34.1. The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson, Interim Director of Parks and Recreation, 630-553-4350 or bolsonkyorkville.il.us. 35. ALTERNATIVES AND DEVIATIONS 35.1. The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Lessee. 35.2. Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Lessee shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 35.3. If the Lessee is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached for each deviation. The Lessee shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 35.3.1. If the Lessee does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. 35.3.2. The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 36. EMPLOYEES 36.1.The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, orderly and courteous personnel. The Lessee shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her job while on duty or in the course of performing their duties under this contract. The Lessee shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Lessee's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative 37. ACCIDENT PREVENTION 15 United City of Yorkville 37.1.Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with safety provisions. 38. TAXES, LICENSES & PERMITS 38.1.The Lessee shall pay all sales,use,property, income, and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee's facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Lessee shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 39. DEFAULT 39.1.If the Lessee fails to observe any portion of the Concession Lease Agreement and there has not been sufficient cause to justify such lack of observance, the City shall serve notice, either personally or by affixing such notice to the local premises of the Lessee, that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within twenty-four(24) hours of said notice. If at the end of the twenty-four(24)hour period, the Lessee has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Lessee. The Lessee will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's Designated Representative, the City shall have the right to take over all equipment and facilities of the Lessee for a period of up to one-hundred-twenty (120) days from the date of notice of default. 16 United City of Yorkville IV. PROPOSAL FORM ***THIS PROPOSAL,WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Proposal Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services at the standards described herein within the time specified above. PROPOSER'S CERTIFICATION (page 1 of 3) 17 United City of Yorkville With regard to ,proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS §12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall County County or the Illinois Department of Labor shall be paid to all laborers,workers and mechanics performing work for the City of Yorkville. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four(4) years following completion of the contract. Proposer certifies that proposer and any subLessees working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, Lessee and subLessee. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Lessee agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the Department of Revenue, Proposer has entered into an agreement with the Department of PROPOSER'S CERTIFICATION (page 2 of 3) 18 United City of Yorkville Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of , 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: PROPOSER'S CERTIFICATION (page 3 of 3) 19 United City of Yorkville The partnership does business under the legal name of: which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 20 United City of Yorkville APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum payment percentages and amounts, and other standards as outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section ' Alternative/Deviation 21 United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company (if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: 22 United City of Yorkville Concession-Lease Agreement Name of Proposing Compan7,: Creative Kernels. Project Name: 131 E Hydraulic Building Lease Proposal No.: Proposal Due: Friday,March 11,2011 at 3:00 pm Proposal Opening_ Friday,March 11,2011 at 3:01 pm Required of All Proposers: Deposit: Not Required Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Lessee: Performance Bond/Letter of Credit: Not Required Certificate of Insurance: Required Legal Advertisement Published: N/A Date Issued: Thursday,February 24,2011 This document consists of 22 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a*.doc(Microsoft Word)or*.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON INTERIM DIRECTOR OF PARKS AND RECREATION UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 PHONE:630-553-4350 FAX: 630-553-7575 www.vorkville.il.us 1 United City of Yorkville The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M.to 4:30 P.M. at City Hall,800 Game Farm Road,Yorkville,IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals,to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS&CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT. Proposers MUST submit an original,2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal,the successful Proposer will receive a copy of the executed contract. 2 United City of Yorkville I. REQUEST FOR PROPOSALS 1. GENERAL 1.1. Notice is hereby given that the United City of Yorkville will receive sealed proposals up to Friday,March 11,2011 at 3:00 pm. 1.2. Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall,800 Game Farm Road on Friday,March 11,2011 at 3:01 pm. 1.3. Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.4. Proposal forms shall be sent to the United City of Yorkville,ATTN: Bart Olson, in a sealed envelope marked"SEALED PROPOSAL". The envelope shall be marked with the name of the project,date,and time set for receipt of proposals. 1.5. By submitting this proposal,the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential proposer. 2. PREPARATION OF PROPOSAL 2.1. It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements,stipulations,provisions, and conditions surrounding the proposed services. 2.2. No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposers of record. 2.3. In case of error in the extension of prices in the proposal,the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4. All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5. The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance,royalties,transportation charges,use of all tools and equipment, superintendence,overhead expense,all profits and all other work,services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3 United City of Yorkville 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1. A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal, provided that it is received prior to the time and date set for the bid opening. Telephone,email or verbal alterations of a proposal will not be accepted. 3.2. A Proposal that is in the possession of the City may be withdrawn by the proposer,up to the time set for the proposal opening,by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety(90)days from the date set for the proposal opening,unless otherwise specified. 4. DELIVERY 4.1. All proposal prices are to be quoted,delivered F.O.B.City of Yorkville,800 Game Farm Road,Yorkville,IL 60560. 5. TAX EXEMPTION 5.1. The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 6. RESERVED RIGHTS 6.1. The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subLessees as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. II. TERMS AND CONDITIONS 7. CITY ORDINANCES 7.1. The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 8. USE OF CITY'S NAME 8.1. The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9.1. To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses,damages,claims,suits,liabilities,judgments,costs and expenses,which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subLessees, and the Proposer, its employees, or its subLessees,and the Proposer shall at its own expense,appear,defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith,and,if any judgment shall be rendered against the City in any such action,the 4 United City of Yorkville Proposer shall,at its own expense,satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify, keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees,or its SubLessees. 10.NONDISCRIMINATION 10.1. Proposer shall,as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal,the Proposer certifies that he is an"equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders#11246 and#11375,which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois,is a material part of any contract awarded on the basis of this proposal. 10.2. It is unlawful to discriminate on the basis of race,color,sex,national origin,ancestry,age, marital status,physical or mental handicap,sexual orientation,or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964,42 U.S.C.Secs.2000 et seq.,The Human Rights Act of the State of Illinois,775 ILCS 511-101 et.seq.,and The Americans With Disabilities Act,42 U.S.C. Secs. 12101 et.seq. 11.SEXUAL HARASSMENT POLICY 11.1. The proposer,as a party to a public contract,shall have a written sexual harassment policy that: 11.1.1.Notes the illegality of sexual harassment; 11.1.2. Sets forth the State law definition of sexual harassment; 11.1.3.Describes sexual harassment utilizing examples; 11.1.4.Describes the Proposer's internal complaint process including penalties; 11.1.5.Describes the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities;and 11.1.6.Describes the protection against retaliation afforded under the Illinois Human Rights Act. 12.EQUAL EMPLOYMENT OPPORTUNITY 12.1. In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"),the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be 5 United City of Yorkville canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract,the Proposer agrees as follows: 12.1.1.That it will not discriminate against any employee or applicant for employment because of race,color,religion,sex,marital status,national origin or ancestry,age, physical or mental handicap unrelated to ability,sexual orientation,sexual identity or an unfavorable discharge from military service;and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 12.1.2.That,if it hires additional employees in order to perform this contract or any portion thereof,it will determine the availability(in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 12.1.3.That,in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race,color,religion,sex,marital status,national origin or ancestry, age,physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 12.1.4.That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding,a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations,the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 12.1.5.That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 12.1.6.That it will permit access to all relevant books,records,accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 12.1.7.That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed,so that such provisions will be binding upon such subLessee. In the same manner as with other provisions of this contract,the Proposer will be liable for compliance with applicable provisions of this clause by such subLessees; and further it will promptly notify the contracting agency and the Department in the event any subLessee fails or refuses to comply therewith. In addition,the Proposer will not utilize any subLessee declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its 6 United City of Yorkville political subdivision or municipal corporations. 13.DRUG FREE WORK PLACE 13.1. Proposer,as a parry to a public contract,certifies and agrees that it will provide a drug free workplace by: 13.2. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution,dispensation,possession or use of a controlled substance,including cannabis, is prohibited in the City's or proposer's workplace.(2)Specifying the actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that,as a condition of employment on such contact or grant,the employee will:(A)abide by the terms of the statement; and(B)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. 13.3. Establishing a drug free awareness program to inform employee's about:(1)the dangers of drug abuse in the workplace;(2)the City's or proposer's policy of maintaining a drug free workplace;(3)any available drug counseling,rehabilitation and employee assistance programs;(4)the penalties that may be imposed upon employees for drug violations. 13.4. Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 13.5. Notifying the contracting or granting agency within ten(10)days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction from an employee or otherwise receiving actual notice of such conviction. 13.6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 13.7. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. 13.8. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 14.PREVAILING WAGE ACT 14.1. Proposer agrees to comply with the Illinois Prevailing Wage Act,820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 14.2. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, 7 United City of Yorkville occupations and actual wages paid to each laborer,workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four(4)years following completion of the contract. 15.INSURANCE REQUIREMENTS 15.1. Prior to the beginning of the contract period,Lessee and any SubLessees shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death,or for damage to property,including loss of use,which may arise out of operations by the Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by any of them,or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City: Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $1,000,000 Each Accident Umbrella Liability $3,000,000 15.2. Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion(if any)deleted,Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents. 15.3. Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned,hired and non-owned automobiles. 15.4. Workers Compensation coverage shall include a waiver of subrogation against the City. 15.5. Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 15.6. Lessee and all SubLessees shall have their respective Comprehensive General Liability (including products/completed operations coverage),Employers Liability,Commercial Automobile Liability,and Umbrella/Excess Liability policies endorsed to add the"City of Yorkville,its officers,officials,employees and volunteers"as"additional insureds"with 8 United City of Yorkville respect to liability arising out of operations performed;claims for bodily injury or death brought against City by any Lessee of SubLessee employees, or the employees of SubLessee's subLessees of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 15.7. Lessee and all SubLessees shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A.M.Best rating of no less than A- VIII. In the event that the Lessee or any SubLessee fails to procure or maintain any insured required by the Contract Documents,the City may,at its option,purchase such coverage and deduct the cost thereof from any monies due to the Lessee or SubLessee,or withhold funds in an amount sufficient to protect the City,or terminate this Agreement pursuant to its terms. 15.8. All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added,without thirty(30)days prior written notice to the City. Renewal certificates shall be provided to the City not less than five(5)prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance,or to advise Lessee or SubLessee of any deficiencies in such documents,and receipt thereof shall not relieve the Lessee or SubLessee from,nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 16.COMPLIANCE WITH OSHA STANDARDS 16.1. Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 17.SUBLETTING OF CONTRACT 17.1. No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the Director of Parks and Recreation. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 18.TERM OF CONTRACT 18.1. This contract may be extended no more than twice for subsequent annual periods(two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However,if this contract is not one that is subject to extension,such information will be available in the detailed specifications or special conditions section,supra. 9 United City of Yorkville 19.TERMINATION OF CONTRACT 19.1. The City reserves the right to terminate the whole or any part of this contract,upon thirty (30)days written notice to the Awarded Proposer,in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination,the City may procure,upon such terms and in such manner as the City may deem appropriate,supplies or services similar to those so terminated. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Proposer. 20.BILLING&PAYMENT PROCEDURES 20.1. Payment will be made upon receipt of an invoice.Once an invoice has been verified,the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 20.2. The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request,the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 50511 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 20.3. Please send all invoices to the attention of City of Yorkville,Accounts Payable,800 Game Farm Road,Yorkville,IL 60560. 21.RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 21.1. The relationship between the City and the Proposer is that of a Lessor and Lessee. 22.STANDARD OF CARE 22.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied,and no warranty or guarantee is included or intended in this Agreement,or in any report,opinions,and documents or otherwise. 22.2. If the Proposer fails to meet the foregoing standard,Proposer will perform at its own cost, and without reimbursement from the City,the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one(1)year from the completion of Proposer's services for the Project. 23.GOVERNING LAW 23.1. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in 10 United City of Yorkville the County of Kendall and the Northern District of Illinois. 24.SUCCESSORS AND ASSIGNS 24.1. The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns;provided, however,that neither party will assign this Agreement in whole or in part without the prior written approval of the other. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 25.WAIVER OF CONTRACT BREACH 25.1. The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time,or for any period of time,any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 26.AMENDMENT 26.1. This Agreement will not be subject to amendment unless made in writing and signed by all parties. 27.SEVERABILITY OF INVALID PROVISIONS 27.1. If any provisions of this Agreement are held to contravene or be invalid under the laws of any state,country or jurisdiction,contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 28.NOTICE 28.1. Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: Director of Parks and Recreation City of Yorkville 800 Game Farm Road. Yorkville,IL 60560 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 29.DEFINITIONS 29.1. For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases,when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, 11 United City of Yorkville and pending successful completion of contract negotiations,shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property,subject to restrictions. Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals,Terms and Conditions,Detail Specifications and the Concession Lease Agreement Lessee shall mean the firm with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. Specifications shall mean specifications identified in the Contract. 30.OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30.1. In general terms,the City is seeking to grant a lessee the exclusive privilege of operating a business on a portion of the premises generally located at 131 E Hydraulic Street in Yorkville,and as more specifically described in this document. 30.2. For purposes of evaluating the proposer's experience and certifications,copies of resumes for all proposed operators,managers and major employees for the business are required in the proposal. Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30.3. The City shall have the right to inspect the premises,provided a 24 hour notice is given to the lessee. Inspections due to an emergency do not require any notice to the lessee, Deleted:at all times to inspect the premises occupied by the Lessee in conducting its services and sales. 30.4. The lessee shall be responsible for all taxes and personal property,and maintenance work on the building and immediate premises. Any capital improvements done on the premises over$10,000 in value,other than the initial improvements,shall be approved by the Park Board prior to commencement. For the purposes of this agreement,maintenance work shall include regular upkeep of all components of the building,including maintenance and repairs. If any component of the building is in need of repair or replacement,and the repair or replacement is greater than$500,then the City shall be responsible for the replacement of the building component,provided the cost of repair of the component is greater than 50%of the cost of replacing the component. The preceding sentence does not apply to any capital improvements initiated and installed by the lessee as a result of the renovation of the 12 United City of Yorkville building. Any capital improvements done on the premises of$10,000 or less,other than the initial improvements,shall be approved by the Director of Parks and Recreation prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed,bonded,and insured. 30.5. At the end of the agreement term,the City shall conduct an inspection of the premises, and the lessee shall be informed of the outcome of said inspection. The lessee shall be responsible for returning the premises to its original state,subject to the discretion of the Park Board. 30.6. The lessee does not have exclusive rights to all concession operations within the park,but rather,only to the specific operation at the specific location as described in the Concession Lease Agreement. t Formatted:List Paragraph, No bullets or 30.7. The lessee shall be permitted to operate a business offering the following goods and numbering services in the premises defined herein,without further action by the City,and all other uses and operations must be approved by the City: 30.7.1.1. Food and beverages for consumption on-and off-premises. 30.8. The City agrees to furnish to the Lessee access to City water and sewer utilities. The Lessee is responsible for applicable usage payments for all utilities(sewer,water,electricity, phone,internet,etc.). The lessee is responsible for costs associated with utility connections and upgrades,including metering of the portion of the building to be used. 30.9. If the lessee chooses not to occupy the building through the winter months,the lessee shall take all necessary precautions and measures to properly winterize the building. These precautionary measures shall include,but not be limited to,maintaining a minimum level of heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing conditions. If alternative methods of winterizing are to be utilized,those methods shall be subject to approval from the property owner. 30.10. The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features,and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features. 31.PAYMENTS AND OTHER REPORTS TO THE CITY 31.1. The lessee is required to submit certain payments,forms,financial statements,and other items on a timely basis. Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31.2. The lessee,at minimum,shall make payments equivalent to 5%of the annual sum of the total adjusted gross receipts. Said payment shall make said payment prior to February 1 of each year. 31.3. The lessee,at minimum,shall make premises rental payments of$200 per month for 13 United City of Yorkville each month through the life of the agreement,due prior to the first of each calendar month. The lessor understands that the lessee intends to sublease the building. Lessee understands that and agrees that the lessee shall be responsible for obtaining the payments from the sublessee and forwarding the payments to the City. 31.4. The lessee shall provide the City with a security deposit in the amount of$1,000,to be due to the City prior to start of the agreement term. Said deposit shall be held until after the end of the term of the agreement,and will be used to offset any damage to the premises. 31.5. The lessee shall provide to the City,prior to the start of the lease,confirmation of insurance coverage for the premises and the operations of the business for the entire term, with the City named as additional insured on all policies. 31.6. Failure to meet any deadline for payment will result in an interest chafe of 10%on said Deleted:<#>The lessee shall provide to the city, late payment. prior to the start of the lease,confirmation of business interruption insurance coverage for the operations for the entire lease. In the event that the 31.7. The lessee is required to submit an annual concession financial statement by January 30 City is the cause of the business interruption and agrees to credit the lessee an amount to offset the of each year. business interruption,said amount will be credited against the security deposit or future rent payments, at the City's discretion.¶ 32. FIRM QUALIFICATIONS AND EXPERIENCE ¶ 32.1. The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full-time and/or part-time basis. 32.2. The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant experience of its firm on similar engagements. 32.3. The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary,background checks may be required of the successful bidders personnel that will be employed under this contract. 33.TERM OF CONTRACT 33.1. The term of the Contract shall be negotiated in the contract,but will generally be for a two year-period with the City having an option to exercise two,two-year option terms.The Lessee may negotiate in good faith,on request of the City,for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty(120)days before the termination of the existing contract. 33.1.1.Right of First Refusal. Should at the end of any term of this contract the City and Lessee fail to come to an agreement for an extension of the contract,the contract shall end and the City shall be able to enter in to discussions with other parties to attempt to come to a new agreement. If terms of a new agreement are reached with another party,the Lessee shall be advised of those terms and shall within 10 days of its notice notify the City of its rejection or tentative acceptance of those terms. The City and Lessee shall then enter into further discussions regarding the tentative acceptance of those terms to attempt to come to a mutual agreement. Failure of the City and Lessee to come to a mutual agreement within 14 days after the Lessee's tentative notice of acceptance to the City shall result in the Lessee having 14 United City of Yorkville no further interest in a renewal contract and the City may enter into a contract with any other party for those services. 33.1.2.During the contract terms and the contract option terms,the City agrees the base rent will not increase more than 5%from term to term 34.PRINCIPAL CONTACT FOR CITY 34.1. The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson,Interim Director of Parks and Recreation,630-553-4350 or bolson(&yorkville.it.us. 35.ALTERNATIVES AND DEVIATIONS 35.1. The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Lessee. 35.2. Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications.All alternatives shall be separately listed,and a justification for each shall be stated.The Lessee shall use Appendix 3,Schedule of Alternatives and Deviations,for listing other alternatives. 35.3. If the Lessee is unable to meet any of the specifications as outlined herein,it shall also separately list all requested deviations from the specifications,with justifications attached for each deviation.The Lessee shall use Appendix 3,Schedule of Alternatives and Deviations,for listing proposed deviations. 35.3.1.If the Lessee does not indicate alternatives to or deviations from the specifications,the City shall assume it is able to fully comply with these specifications.The City shall be the sole and final judge of compliance with all specifications. 35.3.2.The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 36. EMPLOYEES 36.1.The Lessee shall undertake to perform all services rendered in a neat,orderly and efficient manner;to use care and diligence in the performance of this contract;and to provide neat, orderly and courteous personnel. The Lessee shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her job while on duty or in the course of performing their duties under this contract. The Lessee shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Lessee's employees will be attired,at all times,in a professional-type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative 37. ACCIDENT PREVENTION 15 United City of Yorkville 37.1.Precaution shall be exercised at all times for the citizens,employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery,equipment and all hazards shall be guarded or eliminated in accordance with safety provisions. 38. TAXES,LICENSES&PERMITS 38.1.The Lessee shall pay all sales,use,property,income,and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee's facilities and the work included in this Contract,and shall obtain and pay for all licenses,permits,certificates of authority,and inspections required for the work. The Lessee shall furnish to the City satisfactory evidence that it has all permits,licenses,and certificates of authority required to operate for the term of this contract. 39. DEFAULT 39.1.If the Lessee fails to observe any portion of the Concession Lease Agreement and there has not been sufficient cause to justify such lack of observance,the City shall serve notice,either personally or by affixing such notice to the local premises of the Lessee,that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within twenty-four(24)hours of said notice. If at the end of the twenty-four(24)hour period,the Lessee has not made the necessary corrections,the City shall take such steps as are necessary,to provide services according to the collection schedule submitted by the Lessee. The Lessee will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's Designated Representative,the City shall have the right to take over all equipment and facilities of the Lessee for a period of up to one-hundred-twenty (120)days from the date of notice of default. 16 United City of Yorkville IV. PROPOSAL FORM ***THIS PROPOSAL,WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE,SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Proposal Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name(Print) City,State,Zip 24-Hour Telephone Business Phone Signature of Officer,Partner or Fax Sole Proprietor Print Name&Title ATTEST:If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications,the above-signed offers and agrees,if this Proposal is accepted within 90 calendar days from the date of opening,to furnish any or all of the services at the standards described herein within the time specified above. PROPOSER'S CERTIFICATION(page I of 3) 17 United City of Yorkville With regard to ,proposer hereby certifies (Name of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging)or 720 ILCS 5/33E-4(Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS§12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville,Kendall County County or the Illinois Department of Labor shall be paid to all laborers,workers and mechanics performing work for the City of Yorkville.All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act,820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers,workers or mechanics who perform work pursuant to this contract or related subcontract.Proposer and each subLessee shall keep or cause to be kept an accurate record of names,occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four(4)years following completion of the contract.Proposer certifies that proposer and any subLessees working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer,Lessee and subLessee. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project,as defined in 820 ILCS 130/2,Lessee agrees to post at the job site in an easily accessible place,the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing,49 C.F.R.Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue,or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s)to the Department of Revenue,Proposer has entered into an agreement with the Department of PROPOSER'S CERTIFICATION(page 2 of 3) 18 United City of Yorkville Revenue for the payment of all such taxes that are due,and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of ,20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President,attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b)Partnership Signatures and Addresses of All Members of Partnership: PROPOSER'S CERTIFICATION(page 3 of 3) 19 United City of Yorkville The partnership does business under the legal name of: which name is registered with the office of in the state of (c)Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name,said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City,State,Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that Uwe have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 20 United City of Yorkville APPENDIX SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum payment percentages and amounts,and other standards as outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section Paragraph Explanation of Alternative/Deviation 21 United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS Name of Business: Business Address:Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company(if applicable): List all Partners,Managers,and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: 22 C/T y Reviewed By: Agenda Item Number J= Q Legal Director of Parks &Rec #2 111,11 "AM Finance ❑ EST. �Z 1836 Engineer ❑ u City Administrator Tracking Number °°°°oysea, �p Police ❑ Kentlall County E y Human Resources El CC 2011-40 t Public Works ❑ City Council Agenda Item Summary Memo Title: Ordinance Approving an Amended Lease Agreement with Special Expeditions, Inc. (Geneva Kayak) City Council/Committee Agenda Date: City Council—May 10, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Spring 2011 Action Taken: Approval of lease agreement Item Number: Type of Vote Required: Super-majority(6 out of 8 aldermen) Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Table of Contents: 1) Tracking document 2) Summary memo from Bart Olson 3) Ordinance amending the agreement—to be approved 4) New, proposed premises map—to be approved 5) Old, current premises map 6) Memo to Park Board from Bart Olson, dated April 19, 2011 7) Design for decks proposed to be added to the north and south side of the building .��0 Co.y o Memorandum " To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u p Date: May 6, 2011 Count�Y Seat �� Ke tld cu" Subject: Amended lease agreement with Geneva Kayak The original lease agreement with Geneva Kayak was approved in Spring 2011. As part of that agreement, a premises map was approved as an exhibit within the agreement. The premises map was drawn up to accommodate Geneva Kayak's use of a storage trailer behind the building (east of the building). Since the approval of the original lease agreement, they have decided they would prefer to have open rack storage of canoes and kayaks behind the building, and would like to put in a viewing deck on the north side of the building and some changing rooms on the south side of the building. Staff found the request to be acceptable, as it would result in improvements to the premises and open canoes and kayaks may be more aesthetically pleasing than a storage trailer. Further details can be found within the memo to Park Board that is attached. In order to accommodate this request, an amended lease agreement must be approved by City Council by a super-majority. The amended lease agreement would simply swap out the premises map that was attached to the original agreement. Ordinance No. 2011- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDED LEASE AGREEMENT WITH SPECIALTY EXPEDITIONS INC. (DBA GENEVA KAYAK CENTER) (301 E. Hydraulic Avenue, Riverfront Building) WHEREAS, the United City of Yorkville (" the City") is a duly organized, and validly existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois; and, WHEREAS, the City is authorized pursuant to section 11-76-1 of the Illinois Municipal Code (65 ILCS 5/11-76-1) to lease real estate owned by the City when it is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the City; and, WHEREAS, the City and Specialty Expeditions Inc., DBA Geneva Kayak Center, have previously entered into a lease agreement for the lease of the building at 301 E. Hydraulic Avenue for the purpose of operating a canoe and kayak rental center; and, WHEREAS, the Corporate Authorities of the United City of Yorkville hereby fmd that it is in the best interest of the City to amend the premises map exhibit of said lease. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Corporate Authorities of the United City of Yorkville hereby fmd as facts all of the recitals in the preamble of this Ordinance and incorporate them as though fully set forth herein. Section 2. That the building lease between the United City of Yorkville and Specialty Expeditions Inc., DBA Geneva Kayak Center, Concession Lease Agreement ("the Agreement") previously approved by the Corporate Authorities on February 22, 2011 is hereby amended by approving a new premises map which will be attached to the lease agreement as an exhibit, a copy of which is attached hereto and incorporated herein is hereby approved. Section 3. That the officials, officers, and employees of the United City of Yorkville are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and building lease. Section 4. This Ordinance shall be in full force and effect upon passage by a three fourths vote of the Corporate Authorities, approval, and publication as provided by law. 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2011. CITY CLERK ROSE SPEARS DIANE TEELING GEORGE GILSON, JR. JACQUELYN MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. MAYOR 2 I « i! * 4P Ah 1 _ fob t ` d 1 �I I r� -ur, `� ' �► r I i � � PREMISES MAP Its, Jk, United City of Yorkglle GlS 't e.�a�rs pravrcredw ihcLi +wrainrya•ar.yrW,•Dram.c aaairaay.nesetrrress.rr aomplemaresaerrs rreres{xarsA.ryof to Parcel Data acrd Aerial Photography :RegrresnV"rOdarererreeaacanCy.rmOIrrress,COtpereres.s,arrd Pro vded By Kendal Corirrty GlS 2?pWOJXrarares5 ai(IS use.W?SUFNIBdOry r,F MOOS makesrrro waffafl res.ex,R mse 0 of mrpvre d,re to us 0 of no C21P. Memorandum It tLUJ To: Park Board From: Bart Olson, Interim Director of Parks and Recreation PRRK�g s RECRMTIC" CC: ]DT Date: April 19, 2011 L Subject: Geneva Kayak Center Scott Fairty, General Manager of Geneva Kayak Center, is proposing improvements to the Riverfront Building at 301 E Hydraulic. Specifically, they are proposing to add an 8' x 10' deck to the south side of the building that would support the creation of two changing rooms. They are also proposing to add a 31.5' x 12' deck to the north side of the building that would accommodate a seating area. Both improvements are expected to cost less than $10,000, which is under the threshold that requires approval by Park Board. However, the decks would be on property that was not contemplated within the lease agreement as being controlled by Geneva Kayak Center. So, in order to accommodate this request, the Park Board and City Council would have to amend the lease agreement to amend the site map. Further, Geneva Kayak originally thought that they would be able to best address the lack of space in the building by parking a trailer-storage unit behind the building. Instead, they have decided to place open racks of canoes and kayaks behind the building and east of the proposed deck. In order to accommodate the request, the site map attached to the lease agreement must be amended. Staff has reviewed both requests, and we have determined that the expansion of the controlled area and the deck improvements would not adversely impact our future park designs. Additionally,we feel the open storage of canoes and kayaks might be more aesthetically pleasing and interesting than the originally planned semi-trailer storage unit. Staff is seeking the Park Board's direction on amending the lease agreement to accommodate the requests by Geneva Kayak Center. �ii'4n and Plan Your De4k � J't r r E t g Lowes Deck Design For Bob Print this document and take it to your local Lowe's. One of our associates will help you find the materials you need. All rights reserved copyright©2011 DIY Technologies go and Pion Your De4k Deck layout diagram r , Top view without planks Bottom view with planks Top view with planks All rights reserved copyright©2011 DIY Technologies Page 2 1111d Plan Your e(k Permit Page: Level 1 LOAD AND SUPPORT: Your deck will support a 99 PSF live load. Posts have 30" below ground support. DECK AND POST HEIGHT: You selected a height of 18"from the top of the decking to a the ground level. The top of the deck support posts will IEEE -E] therefore be 11.25" above ground level. Joists: Set joists on top of beams, 12"; center to center. Stress Analysis: Level 1 Component PSF Joist Deflection 1758 Joist Bending 218 Joist Shear 201 Joist Compression 435 Beam Deflection 116 Beam Bending 116 Beam Shear 108 Bolt Shear 312 Post Stability 487 All rights reserved copyright©2011 DIY Technologies Page 11 o and Pion Your Detit r Deck layout diagram Top view without planks Bottom view with planks 0 3 � Top view with planks All rights reserved copyright©2011 DIY Technologies Page 2 r and Pion Your De(k E Permit Page: Level 1 LOAD AND SUPPORT: a H Your deck will support a 49 PSF live load. Posts have 30" below ground support. C DECK AND POST HEIGHT: e You selected a height of 18"from the top of the decking to the ground level. The top of the deck support posts will therefore be 9.25"above ground level. Joists: Set joists on top of beams, 12"; center to center. Stress Analysis: Level 1 Component PSF Joist Deflection 212 Joist Bending 69 Joist Shear 116 Joist Compression 203 Beam Deflection 58 Beam Bending 58 Beam Shear 60 Bolt Shear 1131 Post Stability 198 All rights reserved copyright©2011 DIY Technologies Page 12 i a { 4 elk 8"K � ,Apali . C/T y Reviewed By: Agenda Item Number J= Q Legal El Director of Parks &Rec #3 111,11 "AM Finance ❑ EST. �Z 1836 Engineer ❑ u City Administrator Tracking Number °°°°oysea, �p Police ❑ Kentlall County E y Human Resources El CC 2011-41 t Public Works ❑ City Council Agenda Item Summary Memo Title: Park Naming Request—Marge Cline Whitewater Course City Council/Committee Agenda Date: City Council—May 10, 2011 Synopsis: A request to name the whitewater course to "Marge Cline Whitewater Course". Council Action Previously Taken: Date of Action: CC 03/08/11 Action Taken: Defeated by a 4-4 vote Item Number: CC 2010-104 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Table of Contents: 1) Tracking document 2) Summary memo from Bart Olson 3) Original park naming application from Sigrid Pilgrim—"Marge Cline Whitewater Course" is the name sought for approval 4) Original parking application supporting materials 5) Correspondence from Marc Miller, IDNR director in support of the park naming request .��0 Co.y o Memorandum To: City Council EST. �Z 1836 From: Bart Olson, City Administrator .4 ` CC: O C u " p Date: May 6, 2011 Count�Y Seat Subject: Park naming request— Marge Cline This item was last discussed by the City Council on March 8, 2011. At that meeting, the motion to approve the name "Marge Cline Whitewater Course"was defeated by a 4-4 vote. Robert's Rules of Order and city code dictate that the agenda item could not be reconsidered by the then-City Council. A new session of City Council starts with the May 10th meeting, where items defeated in previous sessions may be debated again. Since the defeat of the agenda item at City Council, the Director of the Illinois Department of Natural Resources, Marc Miller, has traded two pieces of correspondence with Ken Koch, President of the Park Board. Both pieces of correspondence reiterated the IDNR's support of Yorkville's authority to name the whitewater course and further suggested that naming the course after Marge Cline would be supported by Mr. Miller. With this new information in hand, the Park Board decided to debate the naming request a second time, and reversed their previous negative recommendation. On April 12th, the Park Board chose to support the Marge Cline naming request by a vote of 4-0. Until the new session of City Council was sworn-in, this item could not be presented to the City Council. Staff is seeking approval of the City Council to name the dam bypass and whitewater course as the "Marge Cline Whitewater Course", pursuant to the application from Sigrid Pilgrim and as recommended by the Park Board. Memorandum It tLUJ To: Park Board From: Bart Olson, Interim Director of Parks and Recreation PRRK�g s RECRMTIC" CC: ]DT Date: October 8, 2010 L Subject: Park Naming Request—Marge Cline Attached is an application for a naming request for the Riverfront Park Whitewater Recreational Facility, or the Glen Palmer Dam bypass channel as the State refers to it. The facility is going to be owned by the State, but operated and maintained by the City. They have deferred to the City on naming the facility. Also attached is a variety of emails, websites, news articles and other information on Marge Cline. While she had not specifically contributed anything to Yorkville, she has contributed much to the paddling community for 30 years before her passing. Additionally, the naming request is supported by Tom Lindblade, President of the Illinois Paddling Council and Sigrid Pilgrim, Director of the Illinois Paddling Council. They have both been instrumental in working with the City on publicity for the facility to the paddling community, testing of the facility, and allowing the City to participate at the Aurora Paddlesports Festival. The argument to be made for naming the facility of Marge Cline is that her service to the paddling community was great, and is well-known. Naming the facility would give additional recognition and credibility to the facility among the paddling community. All of the attached information is supplied at this meeting and is on the agenda for general, introductory discussion. Neither Tom nor Sigrid will be able to attend the October 14th Park Board meeting,but they both plan to attend the October 28th meeting to give a brief presentation on their request and answer questions about Marge Cline. SIGRO>P'IL RIM October 8,2010 Fax 630-553-4360—6 pages Mir. Bart Olson City Administrator Interim Director of Parks and Recreation United City of Yorkville 800 Game Farm Road Yorkville, 0,60560 Bart, Attached please find the Naming Applications for the United City of Yorkville Whitewater Venue in memory of Mme Cline, who has immensely contributed to paddlesport not ordy here in our area but throughout the Midwest and the country. As mentioned in my email of October 6--copy attached—naming this venue would be a fitting tribute to Marge who has dedicated so much of her life to ensure safety in paddlesport through education and instructor certification. I am also attaching a copy of an article which appeared in American Whitewater in her memory which details much more of her accomplishments_ Marge was also posthumously awarded the Illinois Environmental Hero Award by then Lt. Quinn. I have contacted Marge Cline's daughter, Katby Ulkich, who feels very honored at the opporturxity of leaving this legacy to her mother. Please do not hesitate to get back to me if you have ate uestions- As meter-on eol, i will be out of town all next week,but accessible by cell at Sin ey, Srgrt�prlgnm YORhVUtE PARKS 6 ft9CR%AT70N Paft Naming wppCiration YorlwIlle Parks and Reawdion Department 201 West Hydraulic Sbed YorWlie,IL 60560 Phone 630-553-1357-Fax 630-553-4360 Person cornpiMrg application On behalf of(person or organization) �G �' �f 3� A ,�G�rt?�;j L.'44 4L Suggested nafm JAe Park, locatiM facility to be considawl for mmirg Please explain why this name should be oonskWred(Please use back of application to attach additional sheets if necessary). . ��P_ S.1 ''yim77f1rtCAT s4/ 6 i ;qed I r�` /�d•�' �,�J ACA^00AI r�_/!(4/`3'—�iy! C�/)�ty1,/�� Ala,? ! `Mill •��i(Y'a'/ /�lRY CT&O A/0 /T/D P le, l i�,S ril hwr lysy"g r r' 'id OVI X naming after a person,pieatse verify that the person or his HnriietliaC Pe1rso"n Contacbetl � Gt /� __ Phone Ncf Wk Date Contacted 10-2-201d By Vftm :5'leie. OFFICE USE Date Received Staff Irdwis Request Verified by Staff Schedule for Park hoard Review Date Action City Council Date .,.�_. Action Dedication r Narm on 5ignage Location of Parr Faclllty, Building,'Thm ghfam Bart Olson From: Sigrid Pilgrim Sent: Wednesday, Ju y To: Bart Olson Cc: Thomas lindblade Subject: information about Marge Cline Attachments: Lt Gov Quinn giving plaque to Kathy.jpg; Environmental Hero Award Dec 2007.jpg Follow Up Flag: Follow up Due By: Friday, July 31, 2009 9:30 AM Flag Status: Flagged Categories: Red Category Hello Bart, Tom asked me to send you information about Marge Cline's contribution to paddlesport here in the Midwest(and beyond)in consideration of naming the Yorkville course in her memory-which would be more than well deserved. Perhaps the best I can offer is the article which was coauthored by Randy Hetfield,current President of the Chicago Whitewater Association(for which Marge edited the newsletter for 28.5 years)and myself.You can find the article which was published in the January/February 2008 American Whitewater Journal(Marge was President of the organization for six years)at this site.I can also send you a hard copy if you would like me to. http://www.americanwhitewater.org/content/Joumal/show-pane/issue/l/pane/6/vear/2008/ Marge was responsible for bringing the instructional program by the American Canoe Association back to the Midwest(it actually was originally developed here)and taught/certified countless individuals in Illinois as well as surrounding states,including the staff at the Evanston Environmental Association,the Friends of the Chicago River,even our own Thomas Lindblade! Marge's efforts were posthumously recognized in December 2007 by then Lt Governor Quinn with the Environmental Hero award (see pictures attached-the certificate and(then)Lt Gov Quinn handing it to Kathy,Marge's daughter. In 2000,Marge also was named as one of Paddler Magazine's top 100 paddlers of the century;Marge had served on the board of the American Canoe Association for more than a decade,and also was instrumental in shaping the association's Safety,Education and Instruction committee. She also volunteered during the Olympics Atlanta for the kayaking competition. In summary-I cannot think of any paddler in the Midwest who would be more deserving than Marge Cline to have a name associated with a paddling venue-especially one that could be used for instructional and educational purposes. Marge Cline also established a fund in the name of her deceased son Michael which is administered by her daughter and intended to support educational programs especially for youth. So having a venue associated with Marge's name,and an instructional facility that could support youth programs,would not only be recognized and a draw by and for local paddlers but on the national level as well. I will be happy to answer any other questions you may have concerning the contributions that Marge Cline has made. Sincerely-Sigrid Sigrid H.Pilgrim Director,Illinois Paddling Council www.i moispa mg org 1 Bart Olson From: Sent: a nes ay, c o er 06, 2010 3:32 PM To: Bart Olson Cc: Loren Wobig; Thomas lindblade Subject: Re: information about Marge Cline Bart and Loren, Thank you very much indeed for considering naming the water feature in honor of Marge Cline. I cannot think of a more deserving individual who has contributed more to paddler safety than Marge. She not only brought the American Canoe Association's instructor program to the Midwest, but personally taught thousands of students canoeing and kayaking - as well as certified probably a hundred or more instructors in these disciplines. Marge taught for the IDNR, for boy- and girl scouts, summer camps, church groups and more in addition to being CWA's club newsletter editor for more than 28 years! I would like to direct you to the memorial that the Chicago Whitewater Association has on their web page and to which many people have contributed information about Marge. Please visit here - it may take you some time to read it all! http://www.chicagowhitewater.org/cwa/margecline.asp Marge received many honors - including being one of the 100 Legends of Paddling, she was posthumously given recognition for her many services by the IDNR (I will forward details on this later)..... Unfortunately, I will be out of town all next week on a business trip, and thus, will not be able to attend on Thursday; however, I would be pleased to come to the meeting on October 28. 1 will also check with other people who have knowledge about Marge Cline and let you know if I can locate someone able to come. Where and at what time would this meeting be? I know that there are many paddlers that are willing to send letters or otherwise provide support for naming this venue in honor of Marge Cline. I would be personally willing and offer my services, if appropriate, to put out a call to the paddling community to contribute financially - perhaps by "buying" a rock in the venue, or an eddy, or wave! This has been done before at other whitewater courses and could fulfill your requirement that naming a feature within the city is accompanied by a financial contribution. Please do not hesitate to get back to me with any question. I will be leaving on Saturday and will be gone for a full week, but you can reach me on my cell at Thank you very much for your consideration and I offer whatever support you require to turn this into reality. I can also tell you that should this naming become reality - we will be able to give your city and IDNR appropriate exposure in the many paddling magazines that have written and known about Marge Cline and would be willing to honor her again. Sincerely, i i 8007 ENVIRONMENTAL HERO AWARD �i.. . ..0 rn Lr. CON r.nNOi< I'.% r.w inx y� .MARGE CLINK: �9 r q y Oil �� 1a�.,, �rt._ ;1 ii .��`. r ,` i � �I Ncws In Memoriam: Marge Cline , .By HandyHc*1d,Pm ideut,Chump Wkitetivafer Assoeiatim:and Sigrid Pilgrim,Direefer,11himis Paddling Couucd In his 1908 classic, The 'Wind in the would teach the sport to paddlers and the 4:1- VI dIoTvs,Kenneth Grahame writes: "There general public. Marge was also on ACAS is nothing—absolutely nothing—half Safety,Education and Instruction Council so much worth doing as simply messing board, which established national policy " about inbaats," on paddler education. So she not only taught paddling, but also influenced the Marge Cline, President of American way p a ddlin g wa s tau ght. Whitewater from 1982 to 1988, and a 2006 candidate for the International Marge maynothave been anaccomplished WhLitewater Hall of Fame,made sure that Class IV and beyond kayak paddler, but paddlers in her charge could"iness about her skills stretched to many crafts and in boats,"and not mess up in boats? styles: solo whitewater kayak, tandem kayak,solo or tandem canoe;hey passions Marge started paddling in the 1970s also included "freestyle canoeing," a sort with the fancily. A few years later, a near of aquatic ballet in a boat, with named drowning on a whitewater river resulted moves, choreographed to music, one of in Marge needing to be resuscitated. She which is to maneuver the canoe an edge resolved to make sure that nobody would up to the gmmels without making so what surely is the largest paddling club ever experience that And when Marge much as a ripple or gurgle in the water, newsletter library in the country. decided on something, it was going to happen?Marge wouldnottke"no"foran Marge was especially famous far her CtWA introduced many hundreds, if not answer,as one of the many tributes on the headstands through which she liked to thousands of people to p addling kayaks in Chicago Whitewater Association's (CWA) demonstrate how safe and stable a canoe the many pool sessions the club organizes website reads, "I just remember Marge could be. She would do so usually while in the winter. One year the need far spray was like the drill sergeant I had in Special surfing in the middle of some Class skirts came up. Marge drew up a pattern, Forces: dernanding,yet kind;arrogant,yet II rapid, bought material, and sewed up over 80 of considerate; and often getting me to do the red nylon style skirts now familiar to more than what I wanted to commit to. Marge also was an accomplished film CWA members. Most of these are still in Marge said way back that her students are and video producer, and was the winner use today, having outlasted much newer her children and she cares about each and of the Sinn fiLrn entry at the 1983 stare-b ought skirts. every one of us.Since that time,I've called National Paddling Film Festival (NPFF) her Mom,"' in the recreational scenic category with: For many years, Marge was also Chair of "Gallantin and Yellowstone River:" In the Midwest Division of the American Marge brought the American Canoe addition to creating her awn entries, she Canoe Association, regularly attending Association (ACA) instruction program also was a great supporter oftheNPFF and the association's national board meetings to the Midwest, certifying many paddlers for many years acted as a judge, in Springfield,Virginia,where she greatly in the skill of canoeing and kayaking,and influenced the activities of ACA to the through them, providing education and Marge was active in many paddling benefit of paddlesport. instruction to thousands of others,greatly oiganLslations, She was one of the earliest contributing to safety on the waterways. C VA members and for 28.5 years she Marge also liked to cook Lasagna in served as the club's newsletter editor— the woods for 75 hungry paddlers was Over time,she became one of fewer than surely a record among not-for-profit, one of her trademarks. There were also two doien Instructor-Iluiner-Educators volunteer based paddling organisations, weird food contests during trips; once in the US. Her function in this role was She sent the CIAIA Gradient to many she even cooked and served a raccoon, to train the Lnstructor-Trainers who other clubs in exchange far copies of would in turn train the Instructors who their newsletter, over time assembling Marge's was widely known as Rivermorn, 6 I American Whitewater www.americanwhitL-water.org January/February 2008 which was also the title of her license plate. The nickname was the result of Marge T. taking a young paddler whose parents didn't enjoy paddling as much as Marge did down the rives. As she recounted in an article in the AW founial in 1982, young David would soon call Marge his "river mom."He even surphs;ed her with a ' b Christunas gift,a shirt with"RIVERMOM" �y embla tined in blight red letters. Marge took the role of river mom very seriously, and began to think of all paddlers she taught or associated with as her children. Foy many years she taught at the Chicago Whitewater Association's the instructional program at the two-day with her. She continued to attend CIArA winter pool sessions and beginner t dps. event. Each year, Marge and more than meetings right up to the end. 30 instructors and aides would teach Many paddlers found theirfirst encounter hundreds of prospective paddlers the Marge had arranged to paddle down the with Marge to be a surprise.After all,who basics of canoe or kayak in two-hour Fox River in support a proposed Aurora, expects that a whitewater course will be quick start sessions. This event ofFered Illinois, 'uVhitewater° Park and had taught by a small, gray haired, elderly participants their first experience in conformed her intentions in the middle of lady. But her many years of experience as canoes and kayaks and also was a great the week. Later.-Jae cancelled due to illness a competent paddler in many disciplines outreach opportunityfor°clubs,businesses (she felt that it would look bad to paddle allowedherto give flawless demonstrations. and other paddling related orgarnieations. on a cold,wet day after canceling out orn a From even across the noisiest pool family Halloween party). She passed away she could give advice and instructions In addition to Mange's love of and only two days after we paddled without to struggling students. Few were as excellence in paddlesport, she also had a her.Her husband Bab,also in poor health efficient at teaching the roll as Marge was. great many other talents. Marge enjoyed followed her only nine days later. Marge painting, often working on riverscapes had often said that she couldnotleave Bob And Marge demanded precision.In her on canoeing trips and giving away special alone ...she had lost her son Michael,also certification courses she often noted presents such as small painted paddles to an avid paddler some eight years earlier,as that she was not going to pass anyone friends who had babies or grandchildren, well as an infant daughter. She is survived who did not meet her expectations in Marge also playedthe bassoon with a local by a daughter,two soils and a sister. demonstrating the theoretical knowledge community orchestra. She accompanied and on-water skills. It was her reputation a chorus of CWXers singing Christmas In the year 2000,Marge Cline was named that was on the line, she would say, As carols on the piano at the annual club as one of Paddler Magazine's top 100 an example, she would ask her student, gathering, and hen polka dancing around Paddlers of the Century;in 1990,she was to practice the forward stroke. The a campfire with friends into the wee given the ACA Legend of Paddling award. requirement was to paddle flawlessly hours of the morning was legendary? The Chicago Whitewater Association has for several hundred yards on a lake: one established a memorial tribute page on stroke per side, evenly for the entire run; Poor health caused Marge to slow down their website (http://www.chicagowhitew no fishtailing allowed. Students were to in her last years,but she never quit. She aterorglcwafmargecline.asp) and anyone paddle every bit as straight and smooth bounced backfronn multiple heart attacks who has known Marge is encouraged to in their whitewater boats as the Sea Kayak to continue paddling, often within a few add their own pictures,stories,memories instructor; setting pace ahead in an 18- weeks of being released from the hospital, or tributes, or to send them by e-mail to foot expedition boat. When she couldn't get in abcat,she would sigpilgr @comcast.net come to the edge of the water,sometimes For twelve years,Midwest ACA sponsored with a walker and sometimes with oxygen a major introductory event called to shout instructions. At least once, she Paddling in the Park Marge headed up paddled with the oxygen tank in the boat www.ameri€anwhitewater.org Annerlcan Whitewater 7 January/February?.008 CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/niargecline.asp home membership I rivers message board learning trip reports I calendar about CWA I links contact Marge "Rivermom" Cline - December 27, 1940 - October 29, 20073 Bob Cline Apri 19, 1940 - November 7, 2007 i� The Chicago Tribune had a really nice obituary in Thursday's paper. The online version does not have a picture, but the print version had a very large version of her doing the headstand. Many attended the memorial service. Many thanks to all of you who attended. John Carol, Marge's cousin, catered the lunch after the service. He made this water melon sculpture. PssF� 1 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/ewa/margecline.asp Memorial Fund CWA has decided to offer a Marge Cline Memorial Fund (MCMF). The funds will be used to provide financial support for kids wanting to learn to paddle. If you would like to give a donation to the fund please write checks to CWA and note them as a donation. You can obtain the address by contacting membership (at) chicagowhitewater.org. You can also send funds via paypal to paycwa (at ) chicagowhitewater.org and again note it in the memo field so we know it is for the MCMF. Members will get additional updates within our monthly newsletter. About Marge Known as Rivermom, Marge Cline started paddling in 1949 in a dugout canoe, and didn't stop paddling or being part of the community. Marge has been an important and active member of the both the Chicago Whitewater Association and American Whitewater. She has started and trained thousands of paddlers in the Chicago area for over 3 decades. In 2000, Marge Cline was honored by Paddler Magazine for being one of 100 "Paddlers of the 20th Century"who've made a difference. Marge's love of paddling was illustrated in the spring of the same year when, suffering chest pains, she drove herself to the hospital. After angioplastic surgery, she rested a day and was paddling the next afternoon. Marge had a few additional strokes/attacks and continued to come to pool sessions to help instruct through 2007. She continued as editor for the club newsletter to her very last day. She was an extremely dedicated woman and paddler. CWA owes so much to her. We all mourn the loss of a paddling icon. Our hearts go out to her family and friends. Accomplishments and tidbits • AW President 1982-1988 • Candidate for International Whitewater Hall of Fame 2006 • Paddler Magazine- 100 Paddlers of the Century • 1990 ACA'Legend of Paddling' award • 2002 ACA'President's Award' • President of the Midwest Division of ACA • National board of directors of ACA • Instructor Trainer Educator with ACA (only 1 of about 20 in the country) • Editor of the CWA newsletter for 28.5 years - that must be a record for any newsletter editor! • Marge spend a fair amount of time behind her Super 8 movie camera in the early years, and more recently behind a video camera, recording various aspects of CWA history. She entered a number of videos in the National Paddling Film Festival, and was a regular at the first 10 or 12 Festivals, typically serving as a judge. • 1983 National Paddling Film Festival - Winner 8mm Film: Recreational Scenic—Gallatin and Yellowstone River • One of her signature moves was a headstand in the bow of a C-2 while surfing a wave with a trusted stern partner(see picture below) Photo Gallery Marge cooking her famous lasagne at the CWA beginners trip. Marge and Bob taken at Nancy and Todd's wedding in 1993. Photos courtesy of Sigrid Pilgrim. 2 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp r r Marge Cline doing her signature headstand while surfing on the river. Photos courtesy of Sigrid Pilgrim. Marge and Sigrid at Paddle in the Park 2002. Marge on the river. Photos courtesy of Susan Sherrod & Parents of Suicide website. 3 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp a I Marge running 5 foot falls on Peshtigo, Sept, 1980—gauge at 11", Marge in Tigerton Dells on the Embarrass River, Aug, 1980—WI. Photos courtesy of John Karch. Y r Marge in Cheat River Canyon, WV, Labor Day Weekend 1980, Marge and Claude Lutz dancing around the campfire (probably on the Wolf). Photos courtesy of John Karch. 4 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp Marge at takeout , Bureau Creek, IL—beginner's trip, 1983, River Mom in her"kitchen"with attentive audience (I think KY) around 1983. Photos courtesy of John Karch. Marge and Rich running a Wolf Slalom Course. Year unknown. Photos courtesy of Rich Haick. 5 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp -- Marge and Rich running the Wausau Course. Year unknown. Photo courtesy of Rich Haick. y:. Marge was an avid painter. Here are a few of her acrylics painted in the last couple of years that she posted on a forum. 6 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp `{q - Marge at Paddle in the Park 2004. Two paddles Marge painted and gave to Sigrid's daughter in 2000 when her twins, Ethan and Michaela were born. Photos courtesy of Jack Kruzich and Sigrid Pilgrim. Y - l � r CWA Marge lecturing at the Safety in Paddlesport conference. Presidential election party for Keith Pratt at sigrid's house. Photos courtesy of Sigrid Pilgrim. 7 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp x �' x µq n, , 1991 group photo of an ACA Midwest Division/Wisconsin Hoofers Outing Club event - a first descent with a special water release of the Pine River Gorge in Northeast WI. Marge Cline is in the upper row of paddlers, 8th from left (top middle). Marge helped organize the water release. Second photo is the photo of Mandy, Jenn and Marge at a party last September, 2006 when Mandy closed WTA. Photos Bob Obst & Colleen Hayes, Mandy Buckner An A ?,r t Marge Cline standing 1 st row far right at the 1994 "Wolf River Paddling Camp for Kids". Marge Cline kneeling 1 st row far right being hugged by Bob Obst at the 1995 "Wolf River Paddling Camp for Kids". Marge Cline sitting in chair, left side of picture at the American Canoe Association Midwest Division Meeting within the "Wolf River Refuge." Marge Cline 3rd from left near center of the picture at the American Canoe Association Midwest Division Meeting within the "Wolf River Refuge." Photos courtesy of Robert A. Obst. 8 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp x r N. Stories and Comments >>> Share your own story.... Heidi Haas - Marge was a great teacher, we'll miss her at conant.... Tom Lindblade - I had been feeling bad about not calling Marge to see ow she was doing, when I got a call from her a weeks ago Tuesday. I asked her how she was doing and she said she was OK but frustrated because she was still using oxygen. She wanted to know if I would do the Conant Solo Canoe course 9 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp again, and I told her I was planning on it. She then said that she was thinking about coming to the IPC Season Ender Paddle last Saturday. I told her that we would all love to see her, but knew she probably wouldn't be there. I think the important point is that she never stopped thinking about paddling and that until the very end the paddling community was Marge's second family, and she was truly our River Mom Sigrid Pilgrim - My earliest memory of Marge is her and Bob's attending pool sessions in Oak Park. How ironic that I was a first year "instructor" then. What I remember next was being at the Weber Special and noting the fact that the salad was served in a garbage bag. Needless to say, one ever 'complained' about anything next to Marge as prior to the Weber Special the following year she called me, not inquiring whether I was willing to make the salad, but rather matter- of-factly stating that I was to bring it since I didn't like the way it was done the year before. Marge and I shared many experiences and she nudged, gently pushed, and when needed, gave a shove to make me see things her way. She asked me to sort and put into three-ring binders about 10 years'worth of paddling club newsletters she received as part of the GRADIENT exchange. She even managed to somehow get me to volunteer for three years to be on the board of ACA. We jointly developed a slide presentation on"Paddling Safely" and I remember well the hours we spent together trying to put the slides onto a video. (This was obviously in the dark ages before electronic cameras!) Personally the most rewarding collaboration with Marge was my chairing PADDLING IN THE PARK for 12 years. Little did I know what I was getting into when Marge asked me to help out one summer planning to offer canoe and kayak lessons to people participating in the park district's festival! Some 10 years later, from not quite 30 people on the water in two days, this event saw more than 1800 on the same lake! One of my favorite stories of Marge was a hot summer month's trip she arranged to NOC. We all made fun of her on the way to the river bringing her wetsuit. In the cattle car back to NOC, it started to hail. The only one warm and cozy of course, was Marge! My commitment to paddlesport never reached Marge's level, but we enjoyed a great deal of mutual respect for each other. I still feel much honored that Marge entrusted me with a part of Mike's remains to take to a vacation in the Rocky Mountains and the Oregon Coast. Also the mother of a son, I can only imagine the pain of her loss. Perhaps they are now both enjoying a paddle trip in a place we will all be at some day. We send our heartfelt condolences to Bob and the whole family. Sigrid and Alan Joann Benedetto - My first encounter with Marge Cline was at a PSC Fall dinner circa 1983. 1 had just started to paddle with PSC on a regular basis and needless to say, had a lot to learn about paddling. I sat down next to this woman who wore these pop bottle 50's eyeglasses and a long grey ponytail. She was soft spoken but had an enthusiasm for paddling that seemed to rub off on everyone at the table. Marge Cline came to be an important person in my paddling life and someone I called a friend. I join the chorus of people who knew this lady in saying, "The paddling community will never be the same without you. YOU WILL BE MISSED." Darren Bush - Rivermom. I have no idea where this term came from, but it sure works for me. Her love of paddling was infectious and she certainly infected me every time we paddled together. Marge was my first "official" canoe instructor at an IDW/ICE in 1996, and it was a wonderful weekend with a wonderful teacher and a wonderful human. I'll miss her, and I can't see a pair of funky horn-rimmed glasses without thinking about her. John Morris - I only had the pleasure of knowing Marge for several days during an instructor IDW/ICE, but even in that short time she left a lasting impression on all those attending. I honestly believe she knew more about paddling than most of us can ever aspire to know. She was a wonderful inspiration to all those who came into contact with her and she has certainly left behind a legacy of students and instructors that will carry on her passion for paddlesports. We'll miss you Rivermom! Ozark Mountain Paddlers Todd Leigh - It's hard to talk about Marge without choking up... she was such an important part of what became such an important part of may life... paddling. She (along with a couple other people)was one of the people who really influenced both my attitude and my style when it came to paddling. I first met Marge when I was a student at the Conant pool session in spring 1990. I'd already had a little experience and instruction in sea kayaking, loved it, and wanted to try whitewater. I hands-rolled the first night in the pool because she wouldn't give us paddles, and Marge said, "Oh, don't do that again, your hip-snap is perfect, and I don't want you to ruin it!" I did pretty much nothing but paddling in my spare time for the next several years, and Marge was a part of it for much of the time, whether as an instructor teaching me in the pool or on the river, or as an instructor trainer teaching me to teach. She certified me for Flatwater, Moving Water, and Whitewater Instructor (along with Frank and Erik), and she encouraged me to teach in the pool and on the river, as well as paddle. She taught me and everyone else to give back to the paddling community. And she was instrumental (and was one of my recommending ITs) when I became an IT myself. I worked with her a lot before I left the Chicago area, helping with the cross-discipline instructor training sessions she set up, and of course on the CWA beginner trips, 10 of 18 10/8/2010 10:34 AM CWA: Marge"Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp kids camps, Paddle in the Parks, and other stuff that she always seemed to be cooking up. She was the best person I ever knew at getting other people to take responsibility for helping the paddling community. When I left Chicago I invited her to Michigan to certify our first set of instructors here in Lansing. I model our pool sessions and paddling community here after what she did for CWA in Chicago. One of the things I remember her saying was about changing clothes on the river... she used to say that paddlers needed to learn to be able to change discreetly in public, and to not peek when others were changing. Then she'd look out through her granny glasses, eyes twinkling, and say "Well, you can peek a little." That was Marge. Anyway I'd lost touch with Marge recently, but got updates on her occasionally from my dad, who helped at Conant. I guess I'd long expected her to pass on because I know her health wasn't good, but it's still sad to hear she's actually gone. Jim Cronin - I'll always remember Marge as someone who acted like a drill sargent at times, but whenever someone had a problem she would immediately show the sweet caring side of her. I came to realize that the tough exterior was there to get things done, but the warm and generous side was always lying underneath. During my Cert class Marge was evaluating my hole surfing abilities. I entered the hole where my boat immediately lodged firmly on a rock. I calmly pretended to hand surf and twirl my paddle, while Marge whooped and hollered from the eddie. After 15+ years of instructing I never told Marge of my deception. No doubt she would see the humor in it. Like everyone else, I will miss her tremendously. Jim Tibensky- Posted on Paddlewise.net If you didn't know her, she was "River Mom"to many, many paddlers, especially here in the Midwest. Marge taught for years as an ACA ITE (Instructor Trainer Educator), which means she certified people to be instructors and to be instructors who could certify other instructors. She was named one the Paddlers of the Century by Paddler magazine and had many other honors bestowed on her over the years. But the greatest honor went to those of us fortunate enough to have been loved by her. If you met Marge, then you knew what it was like, at least for that moment, to be the most important person in the world. That's how she made you feel. Marge was a true problem solver. She didn't get angry- she got involved. Not enough good instructors? Marge gets trained to produce more of them. Need to borrow a boat? Marge finds one for you. When her son committed suicide (a hideous story of how the legal system can truly hurt people - he hung himself in a jail in Tennessee after jail authorities were notified of his Bipolar Disorder. They were in contact with Marge for days, but buried him in a pauper's grave as a person with no known family. The story goes on and on) Marge used his story to fight for better treatment of the mentally ill. Marge was not a serious racer but volunteered at every race. She was a talented artist and played bassoon in a community orchestra. Her signature paddling move was doing a headstand in a canoe while the other paddler held the boat on a surfing wave. Coaches motivate through many different techniques. Marge had the very best technique - love and kindness. Jim Tibensky Barry Grimes - I met Marge when she entered, attended and won with her 8mm film entry "Gallatin&Yellowstone River" at the first National Paddling Film Festival hosted by the Bluegrass Wildwater Association in Lecington, KY in 1983. 1 was immediately drawn to her great enthusiasm for the NPFF and soon was totally won over by her caring, kind and sparkling good nature. She and I had danced till we dropped at that first NPFF- something that subsequently became a wonderful tradition for us both in the following years. Marge always added a great amount of uber-enthusiastic fun to the general NPFF mayhem and as an accomplished amateur filmmaker, her entries always provided an interlude and antidote to the "who is mas macho" hair boating films that sometimes dominated the fest. Marge entered numerous film festivals over the years. In 1984 Marge entered "CWA An Expos'e " a film that highlighted boating around the country with the Chicago Whitewater Association. In 1986 Marge submitted "White On The Black" a 15 min 8mm film about the Black River in Watertown, New York. In 1987 Marge didn't enter a film but was still entertaining the NPFF audience as a member of the CWA's"LIPS"or Ladies in Polypro" a hilarious live dance review takeoff of the BWA's Women in Rubber. In 1988 she entered "The Nahanni" an 8mm film about the Nahanni River in Canada. In 1992 Marge switched to video with the entry"Learning To Read Whitewater" a video she had created to give new paddlers an idea of what they could expect once they got out of the swimming pools and onto the rivers. In 1993 Marge submitted the video entry"CWA", "A collage of activities perpetrated by members of Chicago Whitewater Association. Produced to provide incentive for the uninitiated to join our organization." In 1995 Marge entered "CWA Does Russia" a video about the Chicago Whitewater Association's 11 day trip to Russia. In addition to her great support of the NPFF through the films and videos that she entered, Marge was also a dependable, hard working and top notch volunteer NPFF judge who could always be counted on to contribute solid, insightful feedback for the other competitors. As a judge, Marge eventually morphed into the fest's own"NPFFMom"and could always be counted upon to help shepherd and monitor the other volunteer judges and help make sure each judge watched and properly scored their assigned films- no easy job I might add! I also was privileged to know Marge in her more famous role as Rivermom. She was a frequent instructor at Bob Obst's ACA kids kayaking camps on the Wolf River in WI, that both of my kids attended in the 90s. She was a great instructor who taught not only my children about how to paddle whitewater but also my wife and I on how to better instruct it. I would say that it's not too much of a stretch to credit Marge for helping to make both of my children become the solid whitewater paddlers they are today. Thanks 11 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp Marge for all the fun and memories and your wonderful, tireless support of river conservation and the NPFF. I'm so very glad and honored that I was able to call you a friend. Your life has positively enhanced so many others and so I know the peace of the river will now be with you forever. barry grimes John Steib - I met River Mom, Marge Cline in either 1994 or 1995 when I took my first Freestyle Canoe lessons in Louisiana at La Louisiane Freestyle Symposium. She had certified the year before in the very first group of FS instructors ever to be certified. She was in love with FS canoeing and very active in that particular style. Marge was variously a FS judge, competitor, instructor, and served on the ACA National Freestyle Committee. We got to know each other well through working together several times a year at the 3 FS Symposia, SW Canoe Rendezvous, ACA National BoD meetings, ACA SEiC meetings, and every- now-and-then the odd clinic, event, or competition. She thought nothing of getting off work on Fri., driving all afternoon and night, getting a few hours sleep in her van, teaching paddling all weekend, the reversing the drive to be back at work on Monday. She did that very thing, traveling to Louisiana each year for the La Lou Symposium, from 1994 to 2005. Marge had unending energy when it came to paddling. Marge Cline was a real character in the best sense of that word and bigger than life. I will definitely miss her. At times like this I find better expression in Acadian French so say : enfin, prenez un repos Marge ( at long last, be at rest Marge). John Steib National Freestyle Committee Jim Storms - I will not forget the guitar and accordian jams and sing alongs at the Weber special and beginners trips on the Wolf. I also won't forget paddling the "loop" on the Yough with Marge in my John Sweet custom made Paramax C2 with Marge. In my earlier years I moved around alot from Chicago and then Pittsburgh, then back to Chicago, then Stevens Point/central Wisconsin and ultimately Minnesota. It seemed like wherever I travelled and paddled in my single days, whether on the Yough, the Nantahala, the Red, Wolf, or Menomonee, I always had came in contact or had a touchstone with people like Marge, John, and Anna Wohead. It was like having a second "mom" on the river apart from my own family in Chicago. I'll never forget when I stopped some of my rovings and was getting "serious" on job hunting in computers/technology in Central Wisconsin. I had my kayaks on the car and literally camped in campgrounds, walked out of my tent in the morning in a business suit, and did informational interviews during the week. But on the weekends I paddled with whoever I could find on rivers. Well on one particular week I was not getting any great job leads and was pretty bummed out. So who do I bump into during that week but Marge and Anna. We laughed around the campfire about my job hunting techniques, and boy did I get some great Marge and Anna cooked dinners! They rejuvenated my juices, and together in the next 3 days we paddled the Wolf, Red, and then travelled up to do the Ontonagon river. It was not so much that it was a big "whitewater" river. It was just the mystery of the 3 of us never doing it previous that made it fun. As I remember it was just the 3 of us and mostly swift current to class 1.5. It was rainy, but that mysterious kind of day with a different palor of the brown hills we travelled through that was different than all the big technical rivers we had done together in other parts of Wisconsin. If there's one image I won't forget it will be of Marge and Anna's car heading north to the Ontonogon the night before with the shadows of the kayaks on their compact car in front of me against the twilight of the UP/North Shore, and the black silouette of their car with 2 kayaks, on top and the tall pine trees zooming on by on both sides of the road. That's the way I'll always remember Marge and believe as to where she's at. At twilight, with her K1 on top, heading north. Jack Landrey - took a little bit of instruction from such a wonderful laddie. she taught me the righting pry when I was a c-1er.... Justin Beales - Many people remember Marge as the phenomenal instructor she was. Others remember her as a dedicated, persistent and, dare I say, controlling member of the CWA. Meeting her at age 11 or 12 (the same age as her son Mike)I only saw her as a friends mom. While I later saw all the rest of it, I really have no vivid memories of her as anything else. I don't really know why this memory sticks out but I thought of it when Mike passed on as well. Mike and I must have been 14 or 15 at the Wolf River Slalom that year. After a day of practicing for the race and helping setup we decided to paddle or squirt boats around the deep pools below the race site. Marge was busy organizing as she always was at these events. I don't know if it was Marge's or Mikes idea but it was somehow decided that Mike and I should paddle down to Gilmore's Mistake and play around for a while longer. Marge offered to pick us up and drive us back to camp. Looking back she may have seen this as an ideal opportunity for a well deserved break after a long day. We had a great time in that mile or so of river and Marge was waiting as promised at the end. That's it, no big deal. Just Marge stepping away from being River Mom long enough to play shuttle bunny for a couple of kids who were not quite done boating that day. Years later I was married and Marge was at a shower my parents threw for us. She handed us a gift and asked us to open it right away. I could tell she was excited. We opened it and found a beautiful painting she had done. She asked me if I recognized it. I said it looked familiar but couldn't place it. "It's a painting of Gilmore's Mistake," she told me. The next time I was there I tried to see it the way she painted it. I think I figured out where she was sitting when she made it but I'll never really be sure. She always seemed to be in the right place at the right time for us kids. Now, when I am moving to a new house she is there again to remind me to take a little extra care when we decide where to hang that painting. 12 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp Mariana and Hugo Varotto - Like many others, my wife and I first met Marge at one of her pool sessions, at Conant High School. We were not sure if we wanted to do whitewater kayaking or canoing, so we took both classes at the same time (Marge was teaching both). We ended up with kayaking. However, during CWA's 30th anniversary celebration, we picked up a whitewater canoe and paddled it as a tandem in the Fox River. I still remember how happy was Marge that we picked up a canoe (she had a soft spot for canoes). Sometime after, I did my instructor training and certification with Marge. It was truly enlightening to see her as an instructor's instructor. Her knowledge level (technical, group management, instructional)was amazing (she usually didn't have to use that knowledge at the regular pools sessions). Several years ago, my wife and I took over assembling and distribution of the Gradient. Each month, every second Sunday or Monday, I'd get multiple e-mails from Marge with the different pages that formed that month's Gradient issue. The only time that she was not able to do that was when she was in the hospital due to health issues (although she still edited some articles with her laptop at the hospital bed). Her favorite phrase during the week preceding each Gradient's edition was"My cupboards are bare !"when people would not send her enough articles. As Sandy pointed out, Marge would paint a small canoe paddle and give it as a gift to babies of CWA members. When my son Lucas got his paddle, I was speechless. That's a gift that my son will treasure for years. Thanks Marge ! Frank and Ann Weider- Marge became a part of our lives when Frank was her student at Conant High School (which is actually Hoffman Estates, not Schauburg - Marge loved tradition and once it was listed as Schaumburg, it couldn't be changed). This was 1980 and she became a very good friend. Frank trained under her guidance for his certification in kayak instruction and then kayak instructor trainer. So many whitewater and training trips they had and so many memories...At loose ends one weekend in Sept. 1987, Marge wanted to paddle but didn't have plans, so asked us to surprise her. We picked her up and she fell asleep; we arrived at the put-in for the Bark River(flatwater but very interesting!) in the Oconomowoc, WI area with a group of PSCers. She had a ball that day as I paddled tandem with her, a new river and a new group for her! Frank and Marge won a C-2 award on the St. Francis slalom in Missouri one year in the early '80s. I learned all about cast-iron cooking from her Memorial Day weekend 1991 in Iron River, WI; we were participating in an ACA Midwest Div. extravaganza weekend organized by Marge in her new capacity as vice-commodore of the Midwest Div. It included all facets of canoesport, including a dragon boat. Marge helped me through the learning curve of postal rules for bulkrate mailings as I began my stint as the newsletter editor for ACA's Midwest Div. Frank was the poling chair for many years and Marge was very supportive of his position and efforts to promote the sport of canoe poling. We were very happy to have Marge and Mike as overnight guests when we moved to Louisville, KY in 1995. Marge passed through town many times and always stopped for a cup of coffee and a visit. She and Mike were our guests just a short time before his passing and that was a truly tragic event. Frank was very honored to have been asked to spread Mike's ashes on the Tellico River, TN; he chose Baby Falls. Moving to Florence, Northern KY, in 2001, we lost touch somewhat with Marge as she wasn't traveling long distance much anymore. She was always in our thoughts and the last time we spoke to her was on New Years Day this year; she was at Rich and Julie's annual paddle/party. Her passing came as a shock of course, but not totally unexpected, given her recent health. We're really gonna miss that gal; we loved you, Marge! Our prayers are with Bob and the family. Frank and Ann Weider John Pape - In the early 1980's I bought a kayak from the Chicagoland Canoe Base and they referred me to the CWA as a good place to learn to paddle. I took lessons, and Marge quickly got me involved as secretary of the CWA and organizing the Wolf River Slalom. I realized it was really Marge who was doing most of the work, but she made everyone feel good for doing whatever they could. The CWA turned out to be the best group I have ever been involved with, due in no small part to Marge. I think people liked calling her River Mom because she made the CWA feel like a family, whereas a whitewater sport with the dangers involved could have been more macho. I remember driving with Marge and her son Mike in her Chrysler minivan to paddle the Nahanni River. For at least 25 years that was her river trip vehicle of choice. The whitewater was limited, but she loved being out on the water and seeing Virginia Falls in a place so remote few people will ever see it. It was an adventure. The recent retirement planning commercial reminds me of Marge. The American dream is a suburban home with a two car garage, a white picket fence, and a puppy dog? Wrong... the thing that Marge lived for was to pursue what she loved. She didn't need retirement to pursue her dreams, she did it all her life. I succumbed to the requirements of a corporate job that moved me to Dallas and I lost touch with Marge and the CWA. About a year ago though I started making plans to move back to the Chicago area and even after 20 years Marge was one of the first people I contacted and went to see. It was around last Christmas and she had just taken delivery of her latest edition Chrysler minivan. She said she no longer did overnight trips because she wanted to be there for Bob. We watched some of her films, I learned of her medical issues, her taking up painting, and we talked about Mike. I will miss not being able to visit her when I finally get moved, but I am glad she lived long enough for me to see her those last few times. Marge is one of the finest people I have ever met. 13 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/ewa/margecline.asp Patrick Rivers - To me Marge was a good friend, a very gifted instructor and someone who could inspire others to do much more than they thought they could. I will always remember her barking out a command or stating her opinion and then you would see that twinkle in her eyes, then she would wink and then she would laugh. I have one of Marge's paintings which I will always cherish and remember her by. Marge, I am extremely glad that our paths crossed and I will miss you very much. John Carol - Thank you to everyone who told a story it has ment alot to us ( the family).1 am Marges nephew and I would of met some of you by feeding you at paddle in the park.Marge has been an important part of my life. She didn't teach me how to paddle or the love of water but not because she didn't try I didn't go to a pool session or take the time in as much whitewater as I thought. I truely want to thank Aunt Marge for takeing me and my friends and family on some of the beginner trips the Red river is my favorite.We got to learn and have a blast watching some of the best paddlers do the coolest things in a boat.Mike was one of them with his squirt boat. My kids all got to have a love for the water and learn how to be safe on the river by playing at first drop or playing hide and seek under the overturned boat at monistary falls.Our family has a flatwater boat so we didn't get out with Marge and Mike as I would of liked but I learned from Marge how to plan a trip do shuttles and be sure not to leave anyone behind and how to teach what I learned from all of you to have fun on the water for me that was the boundry waters or the Wisconsin river or just the Nippersink mostly flat water. Aunt Marge we Love ya and miss you. Tam Fletcher- Marge was my River Mom too. I showed up on a Sunday morning begging to get into the kayak class, my heart pounding, at the very thought of rejection. Marge welcomed me in and this started a decades long affair with white water. I remember pots of stew and chicken dumplings that I helped her prepare for Wisconsin beginner trips. Under her guidance, the vegtables were cut small enough to appease John Karch. I remember another story that she told on herself when she and John were traveling out east to boat. She was driving in the wee dark hours, in the middle of nowhere, when she pulled over to the side of the road. Wakeing John up, she informed him that they were lost,that she had no idea where they were, and that she was now going to crawl into the back to sleep. Marge made things happen where ever she focused her engery. I'm lucky that she was willing to paint a large whitewater mural in my home. It is a thing of beauty and showcases her considerable talent. Knowing her made my world a better and richer place. Goodbye Marge, I really miss you. John Puskar- John Puskar— It is interesting to look in the past and ask myself if I did what she asked of me? I don't remember the first time I met mom other then it was sometime in the mid 80s. I just remember she was like a drill sergeant I had in Special Forces. Demanding, yet kind, arrogant yet considerate, and often getting me to do more then what I wanted to commit to, and she would often introduce me to the class as a Marine! I think she was biased, LOL. When I think about what memories I have of mom a few come to mind. • I have always liked talking to her when I need advice or want to argue over something even though I know for sure I will gain something and win nothing. A few months ago, I brought a pizza over for Bob and her and we talked about why she pushed me so hard and what is it that I should do now that I have some free time and I am a certified canoe instructor. It was like grandma's house now instead of mom's. I got to go through some of her files as she wanted me to have copies of some of them. I think she was happy to see me coming around and stepping up. As I was going through her files, I thought of it I ke a toy box and what cool stuff can I find inside! Afterwards we sat and watched Dancing with the Stars. • Dancing; I am now a ballroom dance instructor and in part it's because of mom. We were attending a workshop in New Orleans for free style. (Free style is like figure skating but with a canoe.) Mom would always say"train your canoe to do what you want". During one of the nights, mom talked me into going to a bar. Bar I thought, last time I was in a bar folks were carried out on stretchers. I don't drink, why would I want to go to a bar? Well we know mom, she got me to drive, and we went into a nothing little hole in the ground place. I thought for sure I would be offered up as alligator bait. But of course I was wrong and had a blast. In fact at one point mom was dancing with me and at one point she stopped and said "if you are going to turn me, you do it like this"! When I got back to Chicago I started to take group classes so next time I danced with her I would get it right!!!!! And now I am teaching all ages and competing in dancing. • I went to New Orleans maybe three or four times and two things always got me about mom. She would start the class and within a few minutes she'd have us doing some new ice breaker she came up with and we would all be laughing and warming up even though we just met. The other was the fact that even though we are both very good paddlers and I can roll any type of canoe and my low braces you can walk on, she always tried flipping me in the canoe with Alligators on the shore!!!!!! Well the way I see it I have two things done and two to go. Mom once said in front of a class that I am the best damn driver she had. She said "If John is driving I know I am safe and can sleep"! It sticks to me because is means a lot to me that I did something right! The other is that I received my ACA canoe certification. I did sign up for the Kayaking certification but mom was too ill to teach. So the two things I have to complete are my Kayaking certification and becoming an IT (instructor trainer). I know that she knows how much I love to teach but I also know that four of me could not equal the energy she had for boating. Love you mom, and will miss you dearly. John Puskar PS: Marge said way back that her students are her children and she cares about each and every one of us. Since 14 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp that time, I have called her"mom." Larry Sellars - I knew Marge for a little less than ten years and she was a true friend. She pushed me to become a Kayak IT because she wanted the CWA to always have at least one, even if I was moving to Chattanooga. Marge really loved teaching the sport of paddling and the CWA. Marge was terrific at helping new paddlers see their potential and to infect them with the love of paddling she enjoyed. I will always remember her great laugh and the twinkle in her eye when she pulled the joke on you(and I was a great target for her jokes). But the best thing I will take from being around Marge, is how we can grow from the many life lessons that paddling presents us. I count myself blessed to have been one of her river kids and to have had her as one of my mentors. I will miss her solid advice and friendship. I also know that I will see her smiling face whenever I am near the river and teaching a kayak class. Marge, thank you for all your efforts to help us be better paddlers. You will be missed. Dan Dixon - Tuesday, November 6th. This morning, the day after I learned about Marge, I did something I had not done in at least two years. I pulled my oldest flute out of its case and awakened my family with music; stealing the moment from the electronic alarm clock. I did this because it is one of the ways that I show affection for my family. Whether they appreciate this, or even understand the gesture, has never been stated. For all know they may see it as a blessing... a blessing that I do not play the tuba. The spontaneity of the urge is what struck me most. We all package life and death a little differently. But most of my closest friends, like Marge, are more closely aligned. I know this because Marge and I shared at least three deaths that come immediately to mind. (That excludes the false report of my own death that she helped to dispel before my parents got wind of it.) What would Marge and I do when someone close to us passed away?We paddled. Once, after a paddling companion died, I watched most of the group, understandably saddened, pack up their things and go home. For the three of us who stayed to paddle, we were confused, and even somewhat offended by the actions of the rest. We felt that they were missing the whole point. Though admittedly, the grand portion of the planet upon such an event, would also throw in the towel. The three of us were compelled by a sense of duty that we assumed the other paddlers would also feel. It was as if"paddler"was somehow a label for a philosophy or a religious point of view. For Marge, and for some of us, I guess it is. I have also danced and played music. With the limitless ways that humans occupy themselves, I hope that everyone has at least one thing they do where the concept of time is lost in pleasure. Whatever the activity, the point is the same; death should be a slap in the face reminder. A reminder of why we live. A reminder of what we have learned. And often, it is a chance to reflect upon whom we learned it from. I think of Marge as an example. Marge made us all reassess what a paddler's profile might be. That is the funny part. That the best part about Marge came not from her strengths, but from what she would have considered her weaknesses. She told friends that she was legally blind. I am not sure exactly what that means but, I can tell you that I peered many times through her kaleidoscope-like sunglasses and could never conceive of how they could work. As if that was not enough, Marge's cigarettes limited her lungs' ability in a sport where you often find yourself upside-down in the water. Also, Marge often struggled with a lack of confidence in more advanced rapids. Though seemingly sane and normal, she would often apologize for her nervousness. Marge's dedication to paddling, despite these hurdles, in one fell swoop, squelched the worries of the hundreds of people she brought into the sport. Though we recognize these parts of her character as the very essence of her success as an instructor, I think she viewed these traits as a burden on her friends. I think part of her giving nature may have been to compensate for what she perceived as flaws; in a way, making certain that she was pulling her social weight. And in that, there is something important... At any given moment, simultaneously, we are all a burden; an example; and a gift to those around us. That is the reminder that I was slapped with today... so this morning, I played my flute for my family. These words we write are, without doubt, for us and not for Marge. Though the gift that we have, which is this community, we owe greatly to Marge. I am thankful for all your words that bring me across my physical distance and back in touch with old friends. It is for you all that I offer these words and a story. There are too many that I could leave you with, but here... We were floating the Vermillion River one day when Marge stretched out on the floor of our canoe to rest. The flat stretch was long enough that Marge fell soundly asleep and for those of you who have done this, you understand just how good sleeping in a boat can feel. It is like being in a cradle; rocking along with a sound and a rhythm as pacifying as can be hoped for. 15 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp Understanding the pleasure in this moment, I did my best not to bang the paddle against the canoe nor make sudden movements. Marge always worked hard and she seemed so tired that I was more than happy to let her rest. The time and distance slipped behind us and I too closed my eyes for moments, to just listen. I managed to keep things quiet, at least that is to the final run-out of Wildcat Rapid. There, in my effort to keep the boat level instead of letting it rock to follow the waves, some water lapped over the gunwale and onto Marge. She awoke with a "You rascal! I can't believe you did that!" and reached up, grabbing the gunwales, as if to sit herself upright. But then, Marge merely readjusted onto her side and settled back down to rest again. I would have been barely twenty then. I am forty-five now. We had already been paddling together for long enough to establish a comfort that allowed this story to happen. Marge had a lot of these types of days and my wish for all of you is just that. Have a day where you do the one thing that makes you happiest while remembering something you learned from a departed friend. A Marge Day! Bruce Weber- L ke eveyone else, I was saddened to hear of Marge's death. I had left Chicago before Marge became an active paddler but I met with her on one of her visits to the Northwest. I think we ran a section of the Clackamas. I remember having a campground dinner in the tradition of the 'Weber Special'. But I knew her best through the Gradient which she arranged to send me, appsrently forever. We will all miss her. Sandy Kubillus - Marge really always felt like River Mom to me. She guided me down Section 3 of the Wolf on my first ever beginner trip (I had not done the Vermillion or the DuPage), and I was really scared. My husband, Mitch Beales, and I always say that our first date (June 21, 1984)was going to Marge's house to pick up a boat for me to use on the Vermillion the following weekend. I went with Marge, her son Mike, and John Pape to the Nahhanni River in the Northwest Territories in the 1980s. During that long drive up there she decided that us "kids" needed some play time and stopped at an indoor water park in Edmonton, Alberta Canada. At the time, this was one the few indoor water parks there were. Mike, John, and I had a great time, while Marge sat in her van and watched a tornado. Luckily it did not touch down near us. On the way back we drove straight through to Chicago - 52 hours! This is still my record for longest car trip! While we were traveling through the Northwest Territories there was nothing out there but trees. We even had to carry extra gas, since there were no gas stations. At one point Marge noticed a turn-out with a garbage dumpster. She promptly stopped, put her stove on top of the dumpster and whipped up a dish she called "shit on a shingle". She was always cooking up these dishes from her girl scout leader days. Remember the stew for the beginner trips? In the last few years Marge has been the piano player at our annual Christmas Parties. She said that this was the only time that she played piano, but amazingly she was pretty good. She will surely be missed. Last year she did not make it at the last minute since Bob was not feeling well and she needed to be with him. It is sad to hear that Bob is now gone too, but at least he is with Marge and Mike. Karyl Chastain Beal, Mother of Arlyn, Columbia, TN - My story is a little different from the others. I met Marge through our Parents of Suicides (POS) Internet community. Marge joined POS after the death of her son Michael to suicide. We had our first retreat in south Georgia in the summer of 2000. Marge drove down to attend the retreat with her kayak on top of her car. We'd never met before, but she came in and we connected instantly. During the retreat, Marge took us all to the Ochlocknee river, which was about 15 miles away. We were amazed when she paddled her canoe out into the middle of the river and stood on her head. Then, we were all profoundly touched when Marge scattered some of Mike's ashes in the river. We were honored that she shared the experience with us, because we understood how she felt about losing Mike. Then, Marge took charge and told us we were going to have a Peace Fire Ceremony. She had brought ashes from a special Peace Fire she'd attended. She directed the program on Saturday night. It was the culmination of 2 days of intense grieving. We've continued the 'tradition' Marge established and we've held Peace Fire Ceremonies at every one of our retreats since then. We moved to Tennessee, and we dug up the ashes from that original Peace Fire and brought with us to mainain continuity. And then, we decided to create a special quilt to honor the lives of our daughters and sons. Marge sewed the squares for us to create 6 separate quilt sections holding memorial squares for about 125 daughters and sons who died by suicide. We call this the Most Beautiful International Suicide Memorial Quilt in the World - and it's also the first of its kind. The POS quilt has been shown in Washington DC several times, and one section of it was shown in Sweden at an international suicide prevention conference. Marge has been less active in POS during the past few years, but she's remained part of the group. We will continue to honor Mike's memory for Marge, Rivermom, for her, and for Bob, her beloved husband, Michael's dad. If anyone wants to see photos of the first retreat or the quilt, go to www.pos-ffos.com and click on the POS memorial website. See you on the river, Marge. Love and peace, Karyl, mother of Arlyn arlynsmom @bellsouth.net Patty J - Mother of Allen Boring Jr- I had the pleasure of meeting Marge in 2000 at the POS retreat in Pavo, GA. Marge was just who she was and 1 16 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp immediately felt very close to her. We shared the stories of our sons and Marge told me about Mike's love of the water. In 2001, Marge gave me the honor of putting some of Mike's ashes into the ocean at Myrtle Beach. I still have two of her drawings that she shared with the POS group and I will think of her when I look at them. Kimmi Mom of Christopher- I never had the pleasure of meeting Marge or Bob in person, but she touched me in many ways throughout our shared time online. As members of an online support group for parents who lost children to suicide - we shared a lot (broken hearts &trying to survive life on earth w/o our precious sons). She adored her precious son, who was gone too soon&gone before her-which is something no parent should ever have to go through. She touched me by being one of the original creators of our*Most Beautiful International Suicide Memorial Quilt in the World*...not only by actually being the one who sewed my son's square on that quilt, but more importantly by creating this SO I could have my child be one of the faces on it! She also touched my heart by coming up with the POS *Peace Fire* which is held during the retreats - again, by doing this, it enabled my child & I to be an ongoing part of something that is very special to us all. Though Marge & Bob have passed on now, SO many things she felt were special this life will continue on because she took the initiative & got them going. The solace I find in this is that she is now reunited with her child she missed so very much, free of the pain she dealt with for so long here on earth, and is at peace. I am sure she will find that great river in the sky right away:) Marge & Bob are walking streets of gold &worshipping with the King...right along side their son&those they loved so dearly who went before them. And I just can't find anything in THAT to be sad about. (((Marge & Bob))) you will be SO missed by those who loved you so much here on earth! Luv Kimmi Mom of Christopher FOREVER!!! 08/31/80 - 08/31/00 Pat Dupuis, Mother of Francois - To Marge's family: I have never met Marge but we corresponded on POS. I admired her so much because she was an active person. Her idea of the POS international quilt for those of us who have lost a child to suicide and the Peace Fire of messages to our children were such wonderful ideas. I was overwhelmed at seeing the quilt for the first time with our children's faces on the squares. When it came time for the Peace Fire, I was shaking with so much emotion as the parents gave their letters to their children and placed in the fire. There was silence during this time but several of the parents were weeping as they made this connection with their child. Marge gave so much of herself to POS. Her traditions will go on in POS for many years to come. Marge is with Mike now. She is peaceful. Pat Dupuis, Mother of Francois Dupuis, 1974-2000. Cathy Lutz - Marge was my dad's (Claude Lutz) dance partner, and whenever I think of her, the first image that comes to mind is the two of them dancing a crazy polka around the campfire while the accordion music speeds up to their tempo and other dancers look nervously over their shoulders as the pair barrels around for another circle. Of course, it was entertainment to everyone watching, but you couldn't help but feel the unbounded energy and enthusiasm emanating from those two-- especially when they would step what seemed to be dangerously close to the fire. Marge had an energy all her own and a love of the paddling life that infected others, and she was clearly always the boss of various paddling trips. I'll never forget her booming voice when she yelled for her now deceased son Mike -- Miiii-CHAEL!!!! -- who, the little rebel that he was, responded immediately to her. And when the group of us kids were playing somewhere, maybe causing a little trouble or staying up too late or stealing the adults' beer, there was only one person in the group that we were truly afraid of, and that was Rivermom-- looking back, it was because she commanded our respect more than any of the other parents. Still, her teaching skill and patience, the deep friendship she was able to have with her son Mike, and her wide smile and genuine laugh, showed that she was a gentle, caring, loving, deep person through and though. To say she was unique would be an understatement. I've been out of touch with Marge and the Chicago paddling community for many many years now, but Marge's passing brings back so many wonderful memories. Speaking for the entire Lutz family, we'll miss her. Mandy Buckner- Marge was a great friend, teacher and mentor. She will be deeply missed. She trained and certified me to be a canoe instructor in 1995. And mentored me through the IT process for years. I'll never forget teaching with her. Bob Obst & Colleen Hayes - We close our eyes and see Marge Cline sitting on that square starting rock under the over-hanging cedar tree at the top of Hansen's Rapids on the Wolf River. We can see her assisting slalom race organizers on the icy banks of the Yahara and Wolf Rivers. We can see her guiding a little fleet of kid-powered boats down ) boulder-studded Sherry Rapids. We can see her organizing and providing leadership at American Canoe Association meetings. We cannot see her gone. Marge Cline was one of a kind. We will miss her. Marge- and her husband Bob Cline- are in our prayers. -Bob Obst & Colleen Hayes (Madison& Middleton, WI USA) Kathy Ullrich - River Mom is my Mom. I do have boating stories, but these are only part of what I remember about my mom. Today is her birthday so I have been on your site reading your memories to help heal the pain of my loss. She taught me to canoe is Girl Scouts, Her near death experience on the Wolf River(a 17 of 18 10/8/2010 10:34 AM CWA: Marge "Rivermom" Cline http://www.chicagowhitewater.org/cwa/margecline.asp trip I was on) helped save my life many years later when I was canoeing on Kilbuck Creek and we hit tree strainers. I had to take off my life preserver, let go of the branches I was holding on to and swim straight down and under the branches to get free. I see there is a discussion of the Rockford White Water Park or the Aurora White Water Park. So the entire paddling community is aware I ask that you support the park in Rockford. My mothers midlife "crisis"was boating---mine has been real estate. A few years back the two seemed to merge, like a confluence, my involvement in the River District in Rockford to revitalize the downtown and restore historical buildings(to me the are beautiful antiques that need to be saved) and my mother's interest in the water. I told my mother about the idea to have a park in Rockford and she asked me to take the photographs that are on your website. The campaign CWA started to lobby our politians has been key to the city doing the due diligence and engineering study to determine the suitability of the site. My understanding is that the preliminary study is completed and the site is well suited for a park. (Evidently one of the largest cost for a park is the electrical pumps and the lay of the land and the Rock River are ideal for reducing the amount of power need to operate the park). Beyond the technical reasons for the park in Rockford. I had discussed with my mother the opening of a restaurant called River Mom's in one of the historical buildings next to the site. (My mother was a waitress for most of the years when I was growing up and I followed her foot steps for many years and have much experience in the restaurant industry) When you view the site it is an old dam with abandoned buildings, but I can visualize a fully operating White Water Park with a beautiful River Walk that has shops and restaurants. I also visualize a bench under a tree with a memorial to River Boy who was my dearest brother. I was closest to Michael because I was 11 when he was born and always had to baby sit him. My mother worked and so I watched him full time for 4 summers. I still miss Michael so much. A place where I live that would merge with my mothers interest would mean alot to me. Part of me always felt I lost part of my Mom when she became River Mom. As I grew older I understood her passion and the needs she had that the paddlers met for her. The love and support I have seen displayed through her death has helped me tremendously. I ask that you support the White Water Park in Rockford rather than the park in Aurora. home I membership I rivers I message board I learning I trip reports I calendar I about CWA I links I contact 18 of 18 10/8/2010 10:34 AM NAMING REQUEST FOR THE YORKVILLE WHITEWATER COURSE R MARGE CLINE 1940-2007 MARGE CLINE'S CONTRIBUTIONS TO PADDLESPORTS • Recognized the need for organized instruction in the sport • Brought the American Canoe Association's (ACA) instructor certification program to the Midwest 0 Held ACA instructor certification courses in both canoe and kayak Was certified as an Instructor Trainer and Instructor Trainer Educator (at the time, one of only 20 such positions nationally) • Held volunteer position at the Ocoee Olympic Slalom Venue Chaired instruction for 12 years at the two-day paddling festival Paddling in the Park held in Palatine • Was Starter at the World Championships at the Savage River • Established the Mike Cline Memorial Fund in memory of her son to provide funding for children's paddling activities MARGE CLINE'S Contributions to Paddlesport Organizations • Editor of the Chicago Whitewater Association's newsletter for 28 years • President of the national American Whitewater Affiliation for three years (1985-1987) • [! Midwest Division Chair of ACA oldest sporting organization in the U.S. founded in 1880 for 25 9 ) years • Member, National Board of Directors, ACA for eight ,,w;, years t • Helped train instructors and beginning paddlers with local club for nearly three decades {, • Instructor and trainer for numerous organizations: ry `ry boy scouts, girl scouts, summer camps, nature " centers, park districts, river conservation organizations, IDNR and more • Judge for many years at the National Paddling Film Festival in Lexington, KY MARGE CLINE'S Honors Received . 1983 — Winner of the Recreation Category at the National Paddlesports Film Festival 1990 — Legends of Paddlesport ire ►"� 2007ENVIRONAENTA-L HERO AwAxn recipient from ACA H ZE.<ENTI:IT 11% 1:F.COX-1,24NOU 1'.3'P 6l1."i':\_\ } i f�l A1ARGE CLINE r+( rn Ir '�°clr x rNx/twrllru.snT I� I i • 2002 — President's Award from YIn.l 1 .`�% E 4v1i rIIP I 4 lm(i All l L, 1 1 ES IZ t\I,t%N.�"1'.V1• Y11� J' V1r!_VI:TI'FI TFY511;It'YTL"I'Yi)IdMAI}{pFi'»"iTfl>flll 4i111'IA15tt "EtiY;yE,5Ylx1\1{. 1` American Canoe Association III'EIiHtY,v N�'R41NH11911'1'7/iA llkdi '� 51t'1'1�I:1.`�'�•1-�`5-41iEx\11i4T 1� III � Il.l.l+rxln^er�v�^Plu:\ Rl� ++f IIfMR1 � p 1^. a4 i1 f!i r1.1.TVr 1+,�Y • 2007 — Environmental Hero Award from the Illinois Department of Natural Resources (posthumously) MARGE CLINE'S Other accomplishments recognized by her friends • Marge cooked meals for as many as 50 paddlers in the northern Wisconsin woods after a training trip on the rivers r Marge was a self-taught videographer, a skill she used for creating teaching films • Marge played the piano at many winter paddling parties and the bassoon at r concerts with the Mt. Prospect Community Band • Marge was an accomplished painter and gave away many painted paddles as baby gifts to her friends THE YORKVILLE MARGE CLINE WHITEWA TER COURSE WILL KEEP MARGE'S CONTRIBUTIONS ALIVE pp Bart Olson From: Miller, Marc [Marc.Miller @IIlinois.gov] Sent: Tuesday, April 12, 2011 8:34 AM To: Ken Koch Forwarder Cc: Bart Olson; ; Juhl, Arlan; Loyd, Travis Subject: FW: Suppo or naming ypass channel - DNR Ken, it was nice to speak with you yesterday about the Yorkville recreational bypass channel. You sought clarification regarding the communication below and allowing Yorkville Park District and the City to name that portion of the dam that has been designed as a whitewater feature and safe canoe passage. Illinois DNR supports the naming of the structure,and naming the structure after a strong paddling enthusiast such as Marge Cline would be fitting. As Director of the agency, I support naming the structure after cline. You will find my first communication on this topic below. If you have any questions, please let me know. I look forward to the ribbon-cutting ceremony. Sincerely, Marc M. Marc Miller, Director Illinois De t. of Natural Resources From: Miller, Marc Sent: Tuesday, March 22, 2011 5:22 PM To: 'BOlson@ orkville.il.us' Cc ; Juhl, Arlan Subject: Support for naming bypass channel - DNR Mr. Olson, it has come to my attention that the question of naming the bypass channel "canoe chute" after Marge Cline has been a matter before the officials of Yorkville. We greatly appreciate our relationship with Yorkville and we are grateful to have this partnership in the written form of an operation and maintenance agreement for the entire facility. While DNR owns the facility, Yorkville will perform normal operation and maintenance at the dam and bypass channel. With this in mind, if Yorkville has an interest in naming the facility and the naming does not affect DNR, we would support the naming of the bypass channel by the local partner. I would also add that the support for naming the bypass after Marge Cline would be a fitting tribute to someone who worked tirelessly to bring the paddle sports to everyone. I knew Marge and she had a tremendous way to reach out to people, make them feel comfortable and was wonderful at educating new paddlers. Please convey our support to name the facility after Marge. If you have any questions, please give me a call or email. Sincerely, Marc Miller Marc Miller, Director 1 Illinois Dept. of Natural Resources One Natural Resources Way Springfield, IL 62702-1271 Email: marc.miller(cD-illinois.gov Web: www.dnr.state.il.us 2 c/Ty Reviewed By: Agenda Item Number 2 i o J a T Legal ❑ Director of Parks & Rec #4 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ■ Consultant ❑ K a ty . CC 2011-42 El LE Agenda Item Summary Memo Title: Future City Council Agendas—Park Board Report Meeting and Date: City Council 5110111 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: