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Home My WebLink AboutPacket - 03/04/2019 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, March 4, 2019 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: Any member of the public wishing to address the Council is invited to do so by signing in at the meeting entrance and, when recognized, stepping to the podium. Opportunities for Public Comment are also provided under each Individual Action Item. 5. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Supplemental Appropriation Ordinance for Fiscal Year 2017/2018; B. Ordinance amending certain sections of Chapter 13 Traffic and Motor Vehicles of the City of McHenry Municipal Code; C. Ordinance designating the McHenry Savings Bank issued note of $305,500 as a bank qualified tax exempt obligation pursuant to the Internal Revenue Code and authorize the City Attorney to complete IRS form 8038-G (Tax -Exempt Governmental Bonds); D. Ordinance authorizing the Mayor and Deputy Clerk to sign and execute a four (4) year collective bargaining agreement between the City of McHenry and Fraternal Order of Police (Unit 1) for a term starting May 1, 2019 and ending April 30, 2023; E. Authorization to execute a farm lease agreement with Mr. James Finch for approximately 24.5 acres of land at a rate of $123 per acre ($3,014 total) for the former Levy Property; and, a farm lease agreement with Mr. Kevin Bauer for approximately 64 acres of land (Petersen Farm) at a rate of $182 per acre ($11,648 total) for the period March 4, 2019 through February 29, 2020; F. Parks & Recreation Facilities Alcohol and Special Use Permit Requests; G. February 18, 2019 Council meeting minutes; H. Issuance of Checks in the amount of $215,629.34. 6. Individual Action Item Agenda. A. Ordinance approving the Final Plat for a Long -Term Skilled -Nursing Care Facility located at the northeast corner of Ridgeview Drive and Bull Valley Road. 7. Discussion Only Items. A. Discussion regarding amending Article III (Raffles), Section 12-64 Prizes. 8. Executive Session. 9. Staff Reports. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. 10. Mayor and City Council Comments. 11. Adjourn. The complete City Council packet is available for review online via the City website at www. ci. mchenry. il. us. For further information, please contact the Office of the City Administrator at 815-363-2108. The proceedings of the City Council meeting are being video -recorded and every attempt is made to ensure that they are posted on the City of McHenry, IL "YouTube " channel within twenty-four (24) hours of the meeting adjournment. NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please call the Office of the City Administrator at 815-363- 2108 at least 72 hours prior to any meeting so that accommodations can be made. Office of Finance & Accounting Carolyn Lynch, Director McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: March 4, 2019 TO: Mayor and City Council FROM: Carolyn Lynch, Finance Director RE: Supplemental Appropriation Ordinance 17-18 ATT: Supplemental Appropriation Ordinance Supplemental Appropriation List AGENDA ITEM SUMMARY: Council is being asked to consider and approve the attached supplemental ordinance for the fiscal year 2017/18. The original appropriation ordinance was approved at the July 3rd, 2017 Council meeting. This supplemental ordinance is an accounting adjustment that brings city spending into compliance with state law. BACKGROUND: On July 3rd, 2017 the City Council conducted a public hearing and considered the annual appropriation ordinance for the 2017/18 fiscal year. The appropriation ordinance provides the legal authority to allocate funds to specific spending activities and establishes the city's legal spending limit for the fiscal year. Throughout the year, the need for budget amendments becomes necessary. As a result, a supplemental appropriation ordinance must be passed to amend the appropriation ordinance and the legal spending limit for the fiscal year. ANALYSIS: The supplemental appropriation ordinance for the 2017/18 fiscal year is attached. Changes can be classified as either transfers from one fund to another, omissions from the original appropriation ordinance, or increases in the appropriations due to spending requirements or new programs implemented during the year. The total decrease in the appropriation is $703,249 and is primarily attributable to adjustments made due to spending requirements. The appropriation for all funds decreases from the original $44.6 million to $43.9 million. The appropriation for the General Fund decreases $707,342, due to a transfer to the Capital Improvements Fund budgeted but actually transferred during the FY16/17 budget process per the Fund Balance and Reserve Policy. The appropriation for all other funds increases $4,043. The appropriation in the Motor Fuel Tax Fund decreases $84,006; the Developer Donation Fund increases $162,253 and, the Capital Improvements Fund increases $435,717 due to the road improvement projects. The appropriation in the Recreation Center Fund decreases $181,590 due to the timing of payments for the capital project. The Water/Sewer Fund appropriations decrease $236,560 due to lower than expected utility expenses. The Police Pension Fund appropriation increases $37,761 for a pension benefit payments. In reality, the supplemental appropriation ordinance is an accounting adjustment that brings city spending into compliance with state law. The City's internal spending control remains the budget document. RECOMMENDATION: Staff recommends consideration and approval of the attached supplemental appropriation ordinance for fiscal year 2017/18. CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1931 An Ordinance Providing for the Supplemental Appropriation for the Fiscal Year FY2016-2017 Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 4, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th day of March 2019. ORDINANCE NO. Ord-19- AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR 2016-17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, as follows: SECTION 1. That it be deemed necessary in order to defray the necessary expenses and liabilities of said City for the fiscal year beginning May 1, 2017 and ending April 30, 2018; that there be and there is hereby appropriated to provide for the general tax levy and other revenue for the said fiscal year, the aggregate sum of Forty -Three Million, Nine Hundred Twenty -Four Thousand, Three Hundred Ninety -Three ($43,924,393) the object and purpose for which said appropriation is made and the amounts appropriated for the same are as follows, to wit: SECTION 2. All unexpended balances of any item or items of general appropriation made by this Ordinance may be expended in making up any insufficiency in any items in the same general appropriation and for the same general purposes or in a like appropriation made by this Ordinance. SECTION 3. This Ordinance shall take effect from and after its passage, approval and publication according to law. SECTION 4. This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. PASSED and APPROVED this -th day of , 2019. AYES: NAYS: NOT VOTING: ABSENT: NOT VOTING: ABSTAINED: ATTEST: Deputy Clerk Mayor 2017/18 2017/18 2017/18 Final Budget Appropriation Change Appropriation GENERAL FUND Administration (100.01) 4010 Salaries - Regular $ 583,956 9 583,956 (34,956) 549,000 4050 Overtime - Regular 1,000 1,000 3,248 4,248 4220 Board & Commission Expense 8,500 8,500 136 8,636 4310 Health/Life Insurance 101,000 101,000 (12,569) 88,431 4320 Dental Insurance 3,631 3,631 (744) 2,887 4330 Life Insurance 332 332 99 431 4340 Vision Insurance 212 212 (5) 207 4410 FICA/Medicare 43,266 43,266 (4,381) 38,885 4420 IMRF Retirement 74,757 74,757 (7,355) 67,402 4510 Uniform Allowance 450 450 (450) - 5110 Contractual Services 157,210 157,210 (15,086) 142,124 5230 Legal Fees 250,000 250,000 33,524 283,524 5310 Postage and Meter 1,000 1,000 80 1,080 5320 Telephone 20,000 20,000 (11,350) 8,650 5330 Printing and Publishing 2,500 2,500 4,294 6,794 5370 Repair and Maintenance 750 750 (750) - 5410 Dues 20,000 20,000 (414) 19,586 5420 Travel Expenses 4,000 4,000 538 4,538 5430 Training 5,900 5,900 (4,596) 1,304 5450 Publications 500 500 31 531 5510 Utilities 1,000 1,000 79 1,079 6110 Materials and Supplies 61,450 61,450 23,702 85,152 6210 Office Supplies 1,500 1,500 6,428 7,928 6270 Small Equipment 250 250 (250) - 6940 Administrative Expenses 13,800 13,800 (1,081) 12,719 8100 Land Acquistion - - 170,663 170,663 8200 Buildings - - 66,288 66,288 9920 Purchase Service - Risk Management 48,302 48,302 - 48,302 9922 Purchase Service - Information Technology 34,614 34,614 - 34,614 Total Administration Office 1,439,880 1,439,880 215,123 1,655,003 Elected Officials (100.02) 4010 Salaries - Regular - - 400 400 4210 Salaries - Elected Officials 53,900 53,900 (2,475) 51,425 4410 FICA/Medicare 4,123 4,123 (158) 3,965 5310 Postage and Meter 6,300 6,300 5,634 11,934 5320 Telephone 1,000 1,000 372 1,372 5330 Printing and Publishing 6,500 6,500 (5,667) 833 5410 Dues 1,100 1,100 (489) 611 5420 Travel Expenses 250 250 (250) - 5430 Training 1,500 1,500 (1,410) 90 5450 Publications 500 500 (500) - 6210 Office Supplies 200 200 109 309 6940 Administrative Expenses 19,300 19,300 2,766 22,066 9922 Purchase Service - Information Technology 6,313 6,313 - 6,313 Total Elected Officials 100,986 100,986 (1,668) 99,318 Community Development Department (100.03) 4010 Salaries - Regular 502,901 502,901 (6,379) 496,522 4030 Salaries - Part Time - - 15,817 15,817 4050 Overtime - Regular - - 173 173 4310 Health/Life Insurance 106,035 106,035 373 106,408 4320 Dental Insurance 4,379 4,379 (142) 4,237 4330 Life Insurance 316 316 (24) 292 4340 Vision Insurance 358 358 (4) 354 4410 FICA/Medicare 38,472 38,472 (809) 37,663 4420 IMRF Retirement 64,271 64,271 (593) 63,678 4510 Uniform Allowance 750 750 (10) 740 5110 Contractual Services 40,000 40,000 (24,282) 15,718 5310 Postage and Meter 1,000 1,000 216 1,216 2017/18 2017/18 2017/18 Final Budget Appropriation Change Appropriation 5320 Telephone 2,500 2,500 2,303 4,803 5330 Printing and Publishing 500 500 (161) 339 5370 Repair and Maintenance - Vehicles 2,000 2,000 5,287 7,287 5410 Dues 1,000 1,000 (451) 549 5420 Travel Expenses 250 250 (250) - 5430 Training 4,000 4,000 (248) 3,752 5450 Publications 500 500 (373) 127 6110 Materials and Supplies 2,250 2,250 (978) 1,272 6210 Office Supplies 2,500 2,500 (92) 2,408 6250 Fuel and Lubricants 3,000 3,000 (15) 2,985 6270 Small Tools and Equipment 500 500 (460) 40 7110 Cap. Lease Principal Payments 1,550 1,550 (1,550) - 9920 Purchase Service - Risk Management 23,540 23,540 - 23,540 9922 Purchase Service - Information Technology 48,966 48,966 - 48,966 Total Community Development Department 851,538 851,538 (12,652) 838,886 Finance Department (100.04) 4010 Salaries - Regular 241,285 241,285 15,266 256,551 4030 Salaries - PT 41,926 41,926 (10,767) 31,159 4310 Health/Life Insurance 63,239 63,239 8,353 71,592 4320 Dental Insurance 2,337 2,337 (18) 2,319 4330 Life Insurance 200 200 (1) 199 4340 Vision Insurance 251 251 (9) 242 4410 FICA/Medicare 21,666 21,666 (1,130) 20,536 4420 IMRF Retirement 36,194 36,194 (512) 35,682 5110 Contractual Services 9,500 9,500 4,746 14,246 5310 Postage and Meter 30,200 30,200 (3,366) 26,834 5320 Telephone 600 600 1,067 1,667 5330 Printing and Publishing 21,235 21,235 (5,695) 15,540 5410 Dues 525 525 - 525 5430 Training 500 500 (242) 258 6210 Office Supplies 7,000 7,000 (4,983) 2,017 6945 Development Expense 650,000 650,000 71,519 721,519 9904 Debt Service Transfer 735,361 735,361 - 735,361 9942 Capital Improvements Fund Transfer 16,226 16,226 - 16,226 9944 Transfer to Band Fund 64,763 64,763 - 64,763 9945 Civil Defense Fund Transfer 1,191,209 1,191,209 (1,191,209) - 9946 Capital Equipment Fund Transfer 12,000 12,000 - 12,000 9920 Purchase Service - Risk Management 8,000 8,000 - 8,000 9922 Purchase Service - Information Technology 238,370 238,370 (238,370) - Total Finance Department 3,392,587 3,392,587 (1,355,351) 2,037,236 Police Commission (100.21) 4220 Salaries - Boards and Commissions 1,350 1,350 135 1,485 4410 Employee Contribution - Soc. Sec. 103 103 11 114 5110 Contractual Services 4,625 4,625 (2,049) 2,576 5410 Dues 375 375 - 375 5430 Training 500 500 (500) - Total Police Commission 6,953 6,953 (2,403) 4,550 Police Department (100.22) 4010 Salaries - Regular 311,948 311,948 10,480 322,428 4020 Salaries - Sworn 4,407,544 4,407,544 10,417 4,417,961 4050 Overtime - Regular 5,000 5,000 (2,539) 2,461 4055 Overtime - Sworn 244,500 244,500 (12,985) 231,515 4080 Career Ladder 8,000 8,000 (378) 7,622 4310 Health/Life Insurance 1,040,717 1,040,717 (16,129) 1,024,588 4320 Dental Insurance 38,772 38,772 (1,747) 37,025 4330 Life Insurance 2,070 2,070 8 2,078 4340 Insurance Premiums - Vision 2,201 2,201 (148) 2,053 4410 FICA/Medicare 380,740 380,740 (18,827) 361,913 4420 IMRF Retirement 41,099 41,099 (723) 40,376 4430 Employer Contribution - Police Pension 1,874,219 1,874,219 (5,421) 1,868,798 2017/18 2017/18 2017118 Final Budget Appropriation Change Appropriation 4510 Employee Uniforms 29,800 29,800 (8,178) 21,622 5110 Contractual Services 87,020 87,020 9,637 96,657 5310 Postage and Meter 3,000 3,000 628 3,628 5320 Telephone 49,500 49,500 16,336 65,836 5370 Repair and Maintenance - Vehicles 52,500 52,500 6,054 58,554 5410 Dues 2,500 2,500 (1,570) 930 5420 Travel Expense 21,000 21,000 (8,040) 12,960 5430 Training Expense 40,855 40,855 (14,624) 26,231 5440 Tuition Reimbursement 10,000 10,000 (1,692) 8,308 5450 Publications 800 800 (337) 463 6110 Materials and Supplies 20,800 20,800 (1,091) 19,709 6210 Office Supplies 17,000 17,000 (867) 16,133 6250 Fuel and Lubricants 100,000 100,000 (10,222) 89,778 6270 Small Equipment 4,840 4,840 4,940 9,780 6310 Canine Unit 5,300 5,300 86 5,386 8300 Capital - Equipment 14,400 14,400 55,762 70,162 8400 Capital - Vehicle - - 13,500 13,500 9920 Purchase Service - Risk Management 229,083 229,083 - 229,083 9922 Purchase Service - Information Technology 244,816 244,816 - 244,816 Total Police Department 9,290,024 9,290,024 22,330 9,312,354 Dispatch Department (100.23) 4010 Salaries - Regular 1,387,146 1,387,146 (39,779) 1,347,367 4030 Salaries - Part Time 30,000 30,000 7,244 37,244 4050 Overtime - Regular 90,000 90,000 49,402 139,402 4310 Health/Life Insurance 429,110 429,110 (54,044) 375,066 4320 Dental Insurance 15,476 15,476 (2,551) 12,925 4330 Life Insurance 890 890 (73) 817 4340 Insurance Premiums - Vision 846 846 (5) 841 4410 FICA/Medicare 115,297 115,297 (4,356) 110,941 4420 IMRF Retirement 188,779 188,779 (4,576) 184,203 4510 Employee Uniforms 8,700 8,700 (1,597) 7,103 5110 Contractual Services 103,050 103,050 70,413 173,463 5310 Postage and Meter 50 50 ) 16 5320 Telephone 4,040 4,040 6,194 10,234 5420 Travel Expense 5,250 5,250 (1,880) 3,370 5440 Tuition Reimbursement 3,500 3,500 2,357 5,857 5510 Utilities 500 500 83 583 6110 Materials and Supplies 5,595 5,595 534 6,129 6210 Office Supplies 2,200 2,200 (1,319) 881 6270 Small Equipment 2,000 2,000 (431) 1,569 9920 Purchase Service - Risk Management 51,132 51,132 - 51,132 9922 Purchase Service - Information Technology 27,491 27,491 - 27,491 Total Dispatch Department 2,471,052 2,471,052 25,582 2,496,634 Public Works -Administration (100.30) 4010 Salaries - Regular 271,500 271,500 6,321 277,821 4310 Health/Life Insurance 74,234 74,234 (10,071) 64,163 4320 Dental Insurance 2,114 2,114 (48) 2,066 4330 Life Insurance 140 140 59 199 4340 Vision Insurance 139 139 (1) 138 4410 FICA/Medicare 20,770 20,770 (226) 20,544 4420 IMRF Retirement 34,698 34,698 (130) 34,568 4510 Uniform Allowance 150 150 (150) - 5110 Contractual Services 3,500 3,500 2,759 6,259 5310 Postage and Meter 400 400 124 524 5320 Telephone 1,850 1,850 205 2,055 5410 Dues 380 380 403 783 5420 Travel Expense 500 500 (183) 317 5430 Training 2,000 2,000 (1,489) 511 6210 Office Supplies 1,000 1,000 137 1,137 6270 Small Tools & Equipment 2,000 2,000 (1,305) 695 9920 Purchase Service - Risk Management 13,384 13,384 - 13,384 2017118 2017/18 2017/18 Final Budget Appropriation Change Appropriation 9922 Purchase Service - Information Technology 17,707 17,707 - 17,707 Total Public Works - Administration 446,466 446,466 (3,595) 442,871 Public Works - Streets Division (100.33) 4010 Salaries - Regular 1,289,777 1,289,777 24,702 1,314,479 4050 Overtime - Regular 10,000 10,000 5,984 15,984 4060 Overtime - Snow Removal 70,000 70,000 8,224 78,224 4110 Salaries -Seasonal 20,000 20,000 2,741 22,741 4310 Health/Life Insurance 370,061 370,061 (13,516) 356,545 4320 Dental Insurance 2,766 2,766 (93) 2,673 4330 Life Insurance 760 760 (53) 707 4340 Vision Insurance 76 76 (7) 69 4410 FICA/Medicare 106,318 106,318 1,434 107,752 4420 IMRF Retirement 175,058 175,058 (369) 174,689 4510 Uniforms 8,620 8,620 978 9,598 5110 Contractual Services 80,000 80,000 58,272 138,272 5320 Telephone 5,900 5,900 1,938 7,838 5370 Repair and Maintenance - Vehicles 125,000 125,000 65,487 190,487 5430 Training 4,000 4,000 (64) 3,936 5515 Utilities - PW Bldg - - 543 543 5520 Street Lighting 270,000 270,000 38,763 308,763 6110 Materials and Supplies 240,000 240,000 9,310 249,310 6210 Office Supplies 1,500 1,500 (132) 1,368 6250 Fuel and Lubricants - Vehicles 60,000 60,000 (3,345) 56,655 6270 Small Tools and Equipment 3,500 3,500 1,506 5,006 6290 Safety Equipment and Supplies 1,500 1,500 (610) 890 6950 Forestry 56,000 56,000 58,953 114,953 8300 Capital - Equipment - - 29,350 29,350 9920 Purchase Service - Risk Management 88,088 88,088 - 88,088 9922 Purchase Service - Information Technology 12,158 12,158 - 12,158 Total Public Works - Streets Division 3,001,082 3,001,082 289,996 3,291,078 Parks and Recreation Department (100.41) 4010 Salaries - Regular 722,736 722,736 21,683 744,419 4030 Salaries - Part Time 85,230 85,230 (85,230) - 4050 Overtime - Regular 17,500 17,500 3,939 21,439 4110 Salaries -Seasonal 282,600 282,600 16,911 299,511 4310 Health/Life Insurance 177,148 177,148 26,043 203,191 4320 Dental Insurance 4,451 4,451 (389) 4,062 4330 Life Insurance 440 440 91 531 4340 Vision Insurance 318 318 (10) 308 4410 FICA/Medicare 84,767 84,767 (5,230) 79,537 4420 IMRF Retirement 94,602 94,602 (274) 94,328 4510 Uniform Allowance 2,550 2,550 (322) 2,228 5105 Farmer's Market Expenses - - 2,921 2,921 5110 Contractual Services 231,350 231,350 (8,050) 223,300 5310 Postage and Meter 12,900 12,900 (6,137) 6,763 5320 Telephone 15,450 15,450 (1,432) 14,018 5330 Printing and Publishing 13,008 13,008 9,880 22,888 5370 Repair and Maintenance - Vehicles 15,000 15,000 5,375 20,375 5410 Dues 127,208 127,208 12,382 139,590 5420 Travel Expense 700 700 (538) 162 5430 Training 8,150 8,150 (1,841) 6,309 5450 Publications 500 500 (203) 297 5510 Utilities 21,000 21,000 6,247 27,247 6110 Materials and Supplies 146,000 146,000 28,082 174,082 6210 Office Supplies 5,000 5,000 (789) 4,211 6250 Fuel and Lubricants - Vehicles 18,000 18,000 (1,260) 16,740 6270 Small Tools & Equipments 22,700 22,700 (3,446) 19,254 6920 Special Events 26,200 26,200 4,066 30,266 8300 Capital - Equipment - - 5,469 5,469 9902 Transfer Rec Center Construction - - 87,358 87,358 4 2017/18 2017/18 2017/18 Final Budget_ _ Appropriation Change Appropriation 9920 Purchase Service - Risk Management 66,973 66,973 - 66,973 9922 Purchase Service - Information Technology 55,574 55,574 55,574 Total Parks and Recreation Department 2,258,055 2,258,055 115,296 2,373,351 Total General Fund 23,258,623 23,258,623 (707,342) 22,551,281 Total Police Protection (Police Protection Levy) Total Soc. Sec./Med Fund (FICA Levy) Total Retirement Fund (IMRF Levy) Total Risk Management Fund (Liab. Ins. Levy) Total General Fund (General Corporate Levy) Total General Fund SPECIAL REVENUE FUNDS Tourism Fund (200) 5110 Contractual 9901 Transfer General Fund Total Tourism Fund Pageant Fund (205) 5110 Contractual 6940 Administrative Expense Total Pageant Fund Band Fund (210) 5110 Contractual 6110 Materials and Supplies Total Band Fund Civil Defense Fund (220) 5375 Repairs and Maintenance - Equipment Total Civil Defense Fund Alarm Board Fund (225) 5110 Contractual Services Total Alarm Board Fund Audit Fund (230) 5110 Contractual Services Total Audit Fund Annexation Fund (260) 6970 Distribution Operating School Fees 6980 Distribution Operating Library Fees 6990 Distribution - Operating Fire Fees 9904 Transfer - Debt Service Fund Total Annexation Fund Motor Fuel Tax Fund (270) 6110 Materials and Supplies 8600 Capital - Street Improvements 9904 Transfer - Debt Service Total Motor Fuel Tax Fund Developer Donation Fund (280) 6970 Distributions - Schools 6980 Distributions - Library District 6990 Distributions - Fire Protection District Total Developer Donation Fund 15,000 75,000 90,000 1,100 1,100 14,500 500 15,000 6,993,966 700,122 709,458 469,370 14, 385, 707 23,258,623 15,000 42,025 57,025 75,000 - 75,000 90,000 42,025 132,025 - 508 508 1,100 (442) 658 1,100 66 1,166 14,500 6 14,506 500 (500) - 15,000 (494) 14,506 5,300 5,300 220 5,520 5,300 5,300 220 5,520 92,000 92,000 37,961 129,961 92,000 92,000 37,961 129,961 41,715 41,715 820 42,535 41,715 41,715 820 42,535 9,500 9,500 9,335 18,835 500 500 121 621 - - 171 171 35,000 35,000 - 35,000 45,000 45,000 9,627 54,627 150,000 150,000 (33,751) 116,249 235,800 235,800 (50,255) 185,545 401,089 401,089 - 401,089 786,889 786,889 (84,006) 702,883 65,000 65,000 32,803 97,803 20,000 20,000 9,631 29,631 20,000 20,000 (20,000) - 105,000 105,000 22,434 127,434 5 2017/18 2017/18 2017/18 Final Budget Appropriation Change Appropriation Developer Donation Fund - Parks (280.41) 6940 Administrative Expenses 14,200 14,200 (2,952) 11,248 8100 Land Acquisition 150,000 150,000 125,554 275,554 8800 Park Improvements 142,500 142,500 17,217 159,717 Total Developer Donation Fund - Parks 306,700 306,700 139,819 446,519 Tax Increment Fund (290) 5110 Contractual - - 175 175 6940 Administrative Expense 62,000 62,000 (1,875) 60,125 8900 Public Improvements 20,000 20,000 (10,810) 9,190 9901 Transfer - General Fund 2,500 2,500 - 2,500 9904 Transfer - Debt Service Fund 217,735 217,735 - 217,735 Total Tax Increment Fund 302,235 302,235 (12,510) 289,725 DEBT SERVICE FUNDS Debt Service Fund (300) 7100 Bond Principal Payments 1,435,000 1,435,000 (15,000) 1,420,000 7200 Bond Interest Payments 226,722 226,722 2,337 229,059 7300 Paying Agent Fees 5,000 5,000 (2,230) 2,770 Total Debt Service Fund 1,666,722 1,666,722 (14,893) 1,651,829 CAPITAL PROJECTS FUNDS Recreation Center Fund (400) 4010 Salaries - Regular 70,602 70,602 (1,720) 68,882 4959 Overtime - Regular - - 176 176 4130 Salaries - Front Desk Attendants 22,500 22,500 81,651 104,151 4135 Salaries - Front Desk Lead/Coordinator 22,750 22,750 13,129 35,879 4140 Salaries - Childcare Attendants 21,500 21,500 8,044 29,544 4145 Salaries - Rental Attendants 450 450 (59) 391 4310 Health/Life Insurance 12,612 12,612 2,235 14,847 4320 Dental Insurance 517 517 152 669 4330 Life Insurance 20 20 (20) - 4340 Vision Insurance 32 32 11 43 4410 FICA/Medicare 10,600 10,600 7,542 18,142 4420 IMRF Retirement 9,023 9,023 3,778 12,801 4510 Uniform Allowance 2,500 2,500 2,835 5,335 5110 Contractual Services 3,000 3,000 6,840 9,840 5200 Contract Custodial 24,960 24,960 (2,080) 22,880 5210 Marketing & Advertising 13,000 13,000 (1,234) 11,766 5215 Retention/Promotion 5,500 5,500 (3,087) 2,413 5320 Telephone - - 29 29 5321 Cable/TV 3,000 3,000 254 3,254 5375 Equipment Repairs 4,000 4,000 (2,522) 1,478 5430 Training - - 517 517 5510 Utilities 21,000 21,000 4,263 25,263 5600 Credit Card/Bank Fees 6,400 6,400 7,741 14,141 6110 Materials and Supplies 3,500 3,500 6,320 9,820 6111 Custodial Supplies 15,000 15,000 (6,200) 8,800 6120 Childcare Supplies 1,500 1,500 45 1,545 6130 Safety Supplies 1,000 1,000 (133) 867 6141 Office Furniture/Equipment 1,000 1,000 570 1,570 6210 Office Supplies 5,000 5,000 1,999 6,999 8200 Buildings 400,000 400,000 (343,888) 56,112 8300 Equipment 16,000 16,000 24,090 40,090 9904 Transfer - Debt Service Fund 135,756 135,756 - 135,756 Total Recreation Center Fund 832,722 832,722 (188,722) 644,000 2017/18 2017/18 2017/18 Final Budget Appropriation Change Appropriation Recreation Center Fund - Fitness (400.40) 4160 Salaries - Personal Trainers 14,650 14,650 8,728 23,378 4170 Salaries - Group Exercise Instructors 65,780 65,780 1,959 67,739 4175 Salaries - Fitness Program Instructors 2,000 2,000 1,232 3,232 4180 Salaries - Facility Attendants 15,450 15,450 (899) 14,551 4310 Health Insurance - - 661 661 4320 Dental Insurance - - 35 35 4340 Vision Insurance - - 5 5 4410 FICA/Medicare 7,488 7,488 816 8,304 4420 IMRF Retirement - - 1,073 1,073 5110 Contractual Services 10,900 10,900 (4,439) 6,461 5375 Equipment Repairs 1,000 1,000 (145) 855 6110 Materials and Supplies 6,000 6,000 (4,670) 1,330 6142 Fitness Equipment 3,000 3,000 2,776 5,776 Total Recreation Center Fund - Fitness 126,268 126,268 7,132 133,400 Special Service Area #1A (420) 9904 Transfer - Debt Service - Total Special Service Area #1A _ _ Special Service Area #4A (424) 9936 Transfer - Utility Improvements Fund 16,847 16,847 - 16,847 Total Special Service Area #1A 16,847 16,847 - 16,847 Capital Improvements Fund ("0) 8200 Capital - Building Improvements 297,209 297,209 5,376 302,585 8600 Capital - Street Improvements 925,000 925,000 185,025 1,110,025 8800 Capital - Park Improvements 100,000 100,000 (67,925) 32,075 8900 Capital - Public Improvements - - 84,499 84,499 9901 Transfer General Fund - - 228,742 228,742 Total Capital Improvements Fund 1,322,209 1,322,209 435,717 1,757,926 Local Street Improvements Fund (441) 9909 Transfer Motor Fuel Tax Fund _ _ _ Total Local Street Improvements Fund - _ _ Capital Equipments Fund (450) 8300 Capital - Equipment 70,000 70,000 (14,476) 55,524 8400 Capital - Vehicles 168,370 168,370 25,352 193,722 Total Capital Improvements Fund 238,370 238,370 10,876 249,246 ENTERPRISE FUNDS WATER/SEWER FUND Public Works - Water Division (610.31) 4010 Salaries - Regular 407,429 407,429 20,310 427,739 4050 Overtime - Regular 24,000 24,000 (1,249) 22,751 4110 Salaries -Seasonal 11,500 11,500 (1,805) 9,695 4310 Health/Life Insurance 120,230 120,230 (2,964) 117,266 4320 Dental Insurance 978 978 (30) 948 4330 Life Insurance 220 220 (1) 219 4340 Vision Insurance 95 95 (4) 91 4410 FICA/Medicare 33,884 33,884 407 34,291 4420 IMRF Retirement 55,137 55,137 (434) 54,703 4510 Uniform Allowance 2,025 2,025 217 2,242 5110 Contractual Services 130,000 130,000 (29,115) 100,885 5310 Postage and Meter 4,500 4,500 (2,348) 2,152 5320 Telephone 6,000 6,000 (3,456) 2,544 5370 Repair and Maintenance - Vehicles 4,000 4,000 1,758 5,758 5410 Dues 500 500 (13) 487 5430 Training Expenses 2,500 2,500 (156) 2,344 7 2017/18 2017/18 2017/18 Final Budget Appropriation Change Appropriation 5510 Utilities 140,000 140,000 (8,817) 131,183 6110 Materials and Supplies 145,000 145,000 (62,173) 82,827 6210 Office Supplies 650 650 38 688 6250 Fuel and Lubricants - Vehicles 7,000 7,000 300 7,300 6270 Small Tools and Equipment 1,250 1,250 (189) 1,061 6940 Administrative Expenses - - 2,564 2,564 7091 Debt Service - Accrued Interest - - (713) (713) 7100 Bond Principal 95,000 95,000 (95,000) - 7200 Bond Interest 44,408 44,408 - 44,408 7300 Fees - Paying Agent - - 311 311 8300 Capital - Equipment - - 715 715 9100 Amortization - Bond Discount - - (512) (512) 9510 Depreciation Expense 500,000 500,000 12,215 512,215 9904 Transfer - Debt Service Fund 98,228 98,228 - 98,228 9920 Purchase Service - Risk Management 64,895 64,895 - 64,895 9921 Purchase Service - General Fund 225,348 225,348 - 225,348 9922 Purchase Service - Information Technology 16,019 16,019 (2,064) 13,955 9923 Purchase Service - Audit Fund 4,227 4,227 - 4,227 9930 Transfer - Water/Sewer Fund 565,066 565,066 - 565,066 Total Public Works - Water Division 2,710,089 2,710,089 (172,208) 2,537,881 Public Works - Wastewater Division (610.32) 4010 Salaries - Regular 688,057 688,057 (70,841) 617,216 4050 Overtime - Regular 40,000 40,000 3,471 43,471 4110 Salaries -Seasonal 5,000 5,000 (67) 4,933 4310 Health/Life Insurance 181,161 181,161 (2,283) 178,878 4320 Dental Insurance 858 858 7 865 4330 Life Insurance 280 280 55 335 4340 Vision Insurance 70 70 60 130 4410 FICA/Medicare 56,079 56,079 (6,785) 49,294 4420 IMRF Retirement 93,046 93,046 (13,777) 79,269 4510 Uniform Allowance 3,000 3,000 2,513 5,513 5110 Contractual Services 190,000 190,000 (28,557) 161,443 5310 Postage and Meter 300 300 (11) 289 5320 Telephone 3,000 3,000 (2,401) 599 5370 Repair and Maintenance - Vehicles 14,000 14,000 10,788 24,788 5375 Repair and Maintenance - Equipment 70,000 70,000 9,633 79,633 5380 Repair and Maintenance - Utility System 91,000 91,000 (19,930) 71,070 5410 Dues 400 400 108 508 5430 Training Expenses 750 750 (283) 467 5440 Tuition Reimbursement 1,000 1,000 (460) 540 5510 Utilities 290,000 290,000 8,883 298,883 5580 Disposal 195,000 195,000 29,241 224,241 6110 Materials and Supplies 214,000 214,000 (33,772) 180,228 6210 Office Supplies 750 750 (433) 317 6250 Fuel and Lubricants - Vehicles 15,000 15,000 11,166 26,166 6940 Administrative Expenses - - 5,520 5,520 7091 Debt Service - Accrued Interest - - (2,725) (2,725) 7100 Bond Principal 255,000 255,000 (255,000) - 7200 Bond Interest 189,188 189,188 - 189,188 7300 Fees - Paying Agent 1,100 1,100 (47) 1,053 9100 Amortization - Bond Discount - - 3,941 3,941 9510 Depreciation Expense 1,200,000 1,200,000 20,909 1,220,909 9904 Transfer - Debt Service Fund 12,484 12,484 - 12,484 9920 Purchase Service - Risk Management 86,695 86,695 - 86,695 9921 Purchase Service - General Fund 240,236 240,236 - 240,236 9922 Purchase Service - Information Technology 12,168 12,168 (2,438) 9,730 9923 Purchase Service - Audit Fund 4,227 4,227 - 4,227 9930 Transfer - Water/Sewer Fund 549,266 549,266 - 549,266 Total Public Works - Wastewater Division 4,703,115 4,703,115 (333,515) 4,369,600 Public Works - Utility Division (510.35) 4010 Salaries - Regular 551,607 551,607 482 552,089 2017/18 2017/18 2017/18 Final Budget Appropriation Change Appropriation 4050 Overtime - Regular 25,000 25,000 (2,007) 22,993 4110 Salaries -Seasonal 10,000 10,000 1,860 11,860 4310 Health/Life Insurance 145,384 145,384 (5,255) 140,129 4320 Dental Insurance 1,033 1,033 (32) 1,001 4330 Life Insurance 552 552 (233) 319 4340 Vision Insurance 13 13 (1) 12 4410 FICA/Medicare 44,875 44,875 (385) 44,490 4420 IMRF Retirement 73,690 73,690 (2,541) 71,149 4510 Uniform Allowance 3,300 3,300 (492) 2,808 5110 Contractual Services 15,000 15,000 229,373 244,373 5310 Postage and Meter 100 100 (100) - 5320 Telephone 1,250 1,250 (490) 760 5370 Repair and Maintenance - Vehicles 10,000 10,000 16,856 26,856 5410 Dues 200 200 (87) 113 5430 Training Expenses 500 500 655 1,155 6110 Materials and Supplies 150,000 150,000 (41,622) 108,378 6210 Office Supplies 500 500 (363) 137 6250 Fuel and Lubricants - Vehicles 16,000 16,000 1,088 17,088 6270 Small Tools 1,250 1,250 (699) 551 8500 Capital - Utility System - - 80,406 80,406 9510 Depreciation Expense 7,250 7,250 (7,250) - Total Public Works - Wastewater Division 1,057,504 1,057,504 269,163 1,326,667 Total Water/Sewer Fund 8,470,708 8,470,708 (236,560) 8,234,148 Capital Development Fund (560) 9936 Transfer - Utility Improvements Fund - Total Capital Development Fund _ _ Utility Improvements Fund (580.31 & 32) 8500 Capital - Water Utility Improvements - _ 8500 Capital - Sewer Utility Improvements - _ Total Utility Improvements Fund - _ _ Marina Operations Fund (590) 5110 Contractual Services 20,000 20,000 (14,497) 5,503 6940 Administrative Expenses 26,000 26,000 785 26,785 Total Marina Operations Fund 46,000 46,000 (13,712) 32,288 INTERNAL SERVICE FUNDS Health Insurance Fund (600) 4310 Insurance Premiums - Health/Vision 4320 Insurance Premiums - Dental 4340 Insurance Premiums - Vision 5245 Health HRA Reimbursement 6960 Miscellaneous Expense Risk Management Fund (610) 5950 MCMRMA Premiums 5960 Insurance Premiums - Other 5980 Property Damage 6940 Administrative Expense 6960 Miscellaneous Expense 9921 Purchase of Service - General Fund Total Risk Management Fund Information Technology Fund (620) 4010 Salaries - Regular 4310 Health/Life Insurance 4320 Dental Insurance 3,114,854 3,114,854 (172,749) 2,942,105 130,934 130,934 (11,780) 119,154 15,013 15,013 (840) 14,173 112,000 112,000 103,437 215,437 5,000 5,000 (1,753) 3,247 3,377,801 3,377,801 (83,685) 3,294,116 650,000 2,500 50,000 4,250 500 20,692 727,942 131,899 35,158 1,420 650,000 2,500 50,000 4,250 500 20,692 727,942 131,899 35,158 1,420 25,982 14,955 (39, 851) (2,279) (500) (1,693) 2,494 1,623 (4) 675,982 17,455 10,149 1,971 20,692 726,249 134,393 36,781 1,416 E 2017/18 2017/18 2017118 Final Budget Appropriation Change Appropriation 4330 Life Insurance 80 80 (80) - 4340 Vision Insurance 75 75 5 80 4410 FICA/Medicare 10,090 10,090 (563) 9,527 4420 IMRF Retirement 16,857 16,857 (749) 16,108 5110 Contractual Services 171,732 171,732 (20,196) 151,536 5320 Telephone 5,220 5,220 (4,081) 1,139 5410 Dues 250 250 50 300 5420 Travel 1,300 1,300 (55) 1,245 5430 Training 5,900 5,900 (2,610) 3,290 6110 Materials & Supplies 39,549 39,549 21,573 61,122 6210 Office Supplies 14,100 14,100 6,865 20,965 6270 Small Tools and Equipment 45,600 45,600 (5,788) 39,812 9510 Depreciation Expense 50,000 50,000 (13,102) 36,898 9920 Purchase Service - Risk Management 6,857 6,857 - 6,857 Total Information Technology Fund 536,087 536,087 (14,618) 521,469 FIDUCIARY FUNDS Employee Flexible Spending Fund (700) 6940 Administrative Expenses 5,000 6965 Reimbursements 100,000 9999 Revenue/Expense Closing Account - Total Employee Flexible Spending Fund 105,000 Developmental Escro Fund (720) 9942 Transfer - Capital Improvements Fund 9999 Revenue/Expense Closing Account Total Employee Flexible Spending Fund Police Pension Fund (760) 4910 Pension Payments 4920 Disability Payments 4930 Death Benefit Payments 4940 Non -Duty Disability Benefit Payments 5110 Contractual Services 5410 Dues 9923 Purchase of Service - Audit Fund Total Police Pension Fund Retained Personnel Fund (740) 5220 Engineering Fees - Consultant 5230 Legal Fees 6960 Miscellaneous Expense 6961 Miscellaneous Refunds Total Retained Personnel Fund Revolving Loan Fund (750) 5110 Contractual Total Revolving Loan Fund Total All Funds 25,000 1,460,291 238,586 244,390 17,512 45,000 2,000 3,625 2,011,404 50,000 15,000 8,000 2,000 75,000 5,000 100,000 105,000 25,000 25,000 1,460, 291 238,586 244,390 17,512 45,000 2,000 3,625 2,011,404 50,000 15,000 8,000 2,000 75,000 491 (29,930) 25,384 (4,055) (25, 000) 18 (24,982) 11,469 (60, 334) (10,416) (155) (59,436) 1,466 32,590 (5,000) 7,656 36,712 cn av 5,491 70,070 25,384 100,945 10 1,471,760 238,586 184,056 17,512 34,584 1,845 3,625 1,951,968 51,466 47,590 3,000 9,656 111,712 50 50 $ 44,627,642 9 44,627,642 (703,249) 43,924,393 10 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.ci.mchenry.il.us CONSENT SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation FOR: March 3, 2019 Regular City Council Meeting RE: Revision to 15 Minute Parking Ordinance in Downtown Business District ATT: Proposed Ordinance Revision Agenda Item Summary: The current Traffic Code provides for 15-minute parking stalls located throughout the downtown business areas in Article VI Section 13-622. Item (d) under that section lists the location of a former dry cleaner and its associated address of 1245-1249 North Green. Staff is proposing an Ordinance to amend the address to the current location of Pet Central or 1259 N. Green Street. Background/Analysis: The 15-minute stalls are provided for those businesses with quick turnover such as the bakery or, in this particular case, the former dry cleaner that was located at the address. The dry cleaner has been gone for years but the existing ordinance was never amended. Recently, a request for the address change of the 15-minute stalls was initiated by the owner of Pet Central located at 1259 N. Green Street. The change of address for this parking will not only serve the pet store but also the Chamber of Commerce. Staff is supportive of the change of address from 1245 — 1249 Green Street to the more northern location of 1259 N. Green Street. Recommendation: Therefore, if Council concurs, it is recommended a motion be made to approve the attached Ordinance that revises Parking Ordinances 13-622 (d) to amend the location of two 15-minute parking stalls within the Downtown Business District. CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1188 An Ordinance amending certain sections of Chapter 13 Traffic and Motor Vehicles of the City of McHenry Municipal Code Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 4, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th day of March 2019. ORDINANCE NO. MC-19-1 l ' S/ AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13 TRAFFIC AND MOTOR VEHICLES OF THE CITY OF MCHENR Y MUNICIPAL CODE WHEREAS, the City of McHENRY, McHENRY COUNTY, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, in the opinion of the corporate authorities of the City of McHENRY,15 minute parking restrictions should be placed at the most convenient locations within the Downtown Business District; and WHEREAS, it has been determined by the Mayor and City Council of the City of McHENRY to revise Parking Ordinances 13-622 (d). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, to include the following language: SECTION 1: That Chapter 13, ARTICLE VI, Sec. 13-622 (d) be amended from 1245 —1249 North Green Street to 1259 North Green Street. SECTION 2: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHENRY, Illinois. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and ADOPTED this 4th day of March 2019. Voting Aye: Voting Nay: Abstaining: Not Voting: Absent: ATTEST: City Clerk Debra Meadows Mayor Wayne S. Jett ORDINANCE NO. og D- t 9 - I q1 r An Ordinance Designating the McHenry Savings Bank issued note of $305,500 as a Bank Qualified Tax Exempt Obligation pursuant to the Internal Revenue Code and authorizing the City Attorney to complete IRS form 8038-G (Tax -Exempt Governmental Bonds) WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, on or about December 17, 2018, the City of McHenry ("City") and McHenry Savings Bank ("MSB") entered into, and thereafter closed, a real estate sales contract, relating to the City's purchase of property consisting of four (4) parcels of vacant land on Green Street in McHenry, Illinois, for a principle purchase price of $611,000 ("Subject Transaction"), of which $305,500 was to be financed by MSB ("Financed Amount"). WHEREAS, MSB has requested the City to designate the signed promissory note of the Financed Amount relating to the Subject Transaction, as a qualified tax exempt obligation pursuant to 26 USC Section 265(b)(3)(B)(i)(III), small issuer exception, and the City desires to hereby designate such issue. WHEREAS, the City is a "qualified small issuer" as defined in 26 USC Section 265(b)(3)(C) and that designation of the obligations constituting the Financed Amount will not cause the limitations set forth in 26 USC Section 265(b)(3)(D) to be exceeded. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, that the signed promissory note relating to the Subject Transaction, in the principal sum of $305,500, be and is hereby designated, pursuant to 26 USC Section 265(b)(3)(B)(i)(III), as a bank qualified tax exempt obligation and the City Attorney is directed to complete IRS form 8038-G, including the Line 39 designation, following adoption of this ordinance. SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Voting Nay: Absent: Abstain: (35360: 001: 02543866.DOCX :2 ) McHenry Savings Bank, Page 1 APPROVED: Mayor Wayne Jett (SEAL) ATTEST: Deputy Clerk Debra Meadows Passed: _ Approved: Z:\M\McHenryCityof\OrdinancesWcHenrySavingsBank.docx (35360: 001: 02543866.DOCX :2 ) McHenry Savings Bank, Page 2 CERTIFICATION I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2019, the foregoing Ordinance entitled An Ordinance was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2019. Debra Meadows, Deputy Clerk City of McHenry, McHenry County, Illinois (SEAL) (35360: 001: 02543866.DOCX :2 ) McHenry Savings Bank, Page 3 Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: March 4th, 2019 TO: Mayor and City Council FROM: Derik Morefield, City Administrator John R. Birk, Police Chief RE: Authorization for the Mayor and Deputy City Clerk to Execute a Collective Bargaining Agreement Between the City of McHenry and Illinois Fraternal Order of Police, representing City of McHenry Police Officers (Unit 1) for the period May 1, 2019 through April 30, 2023 ATT: Collective Bargaining Agreement Ordinance Authorizing Execution of Agreement Agenda Item Summary: The purpose of this agenda item is to present, for consideration and approval by Council, a four (4) year contract renewal between the City of McHenry and the Illinois Fraternal Order of Police (FOP), representing City of McHenry Police Officers (Unit 1). Staff has tentatively negotiated a new agreement with the FOP and is seeking Council's approval to authorize the Mayor and Deputy City Clerk to enter into a new collective bargaining agreement between the City of McHenry and the FOP. Staff is available for any questions Council may have. Background: The previous four (4) year contract with FOP/Unit 1 covered a period beginning May 1, 2015 and is set to expire this upcoming April 30, 2019. During this previous period, annual cost of living increases for wages were identified at 2.0%, 2.25% and 2.75% and 2.75%. Additionally, during this same period, health insurance contributions from Unit I personnel were increased to allow for adjustments to health insurance costs. These increases varied based on the type of plan (PPO, HSA, HMO) and the type of coverage (Single, Single + Spouse, Single + Children, Family). The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Analysis: Beginning in January of 2019 the City Administration - represented by the City Administrator, Police Chief, and Deputy Police Chief - met with representatives of FOP/Unit I on multiple occasions to discuss wages/benefits related to contract renewal. Based on these discussions it is the opinion of the City Administration that we were able to quickly reach a tentative reasonable agreement that addresses all wages/benefits within the agreement. The term of the new contract is proposed for four (4) years beginning May 1, 2019 and ending April 30, 2023. While a majority of the new contract maintained the same language/terms as the previous contract, some changes were made to ensure that the contract reflects updates required by new statutory laws and improvements to operational needs. Non -financial amendments to the contract include: • Term of Agreement: 4 Years (5/1/19 — 4/30/23) • Section 2.1 Dues Check -Off: This section is being amended to remove the fair share fees in accordance with new Illinois law regarding Unions and employees right to object to dues. • Section 6.2 Normal Work Period, Workday and Work Schedule: Clarifying language was added to this section to address the use of buyback days when officers are taking benefit time off. • Section 12.3 Scheduling and Accrual: Clarifying language was added that clarifies the process for bidding for time off immediately after the initial vacation bid process (6 day window). • Section 13.5: Sick Leave Utilization: Language regarding the Illinois Employee Sick Leave Act 99-0841 was added to the contract to match the requirements of the updated law. • Section 14.9: (New Section) Family Responsibility Leave: This is a new section which was added that allows officers to take off up to four (4) workdays for a pregnancy or post- partum child care, provided they must utilize their existing benefit time. Financial amendments to the contract include: • Section 11.3 Holiday Pay: Memorial Day was added as a 5th Priority Holiday allowing officers who work the day to collect time and a half rate of pay. • Section 15.5: Investigator Stipend: The Investigator Stipend increased from $750.00 to $1,000.00 for the four (4) detectives. This is the first increase in this stipend in over 20 years. • Appendix A Wages: An annual 2.5% raise for each year of the contract from May 15t to April 30th on each respective fiscal year. • Section 17.6 Employee Deductible and Co -Insurance Costs: Previously the agreement included a dollar cap and a percentage cap on insurance cost for officers, of which the City was not allowed to exceed either. With such, the percentage cap was removed from the newly proposed agreement so that the City had more flexibility to adjust co-insurance costs should insurance costs go up. newly negotiated dollar caps provide for a conservative relief factor should insurance rates unexpectedly increase. This will allow the City to increase the employee's contribution without exceeding the cap. The previous three years of actual insurance costs were factored in to determining appropriate dollar caps for the four year term of the agreement. As a reminder the McHenry Police Civilian Unit (Unit II) contract provides for a 2.5% raise on May 15t, 2019 and a 2.75% raise on May 15t, 2020. The current Public Works contract provides for a 2.5% raise on May 1st, 2019 and a 2.75% raise on May 1st, 2020 as well. The FOP Unit 1 proposal keeps annual wage increases at or less that the City's other two employment contracts. A discussion regarding comparables is usually part of the justification for wage increases. With such, information was gathered from other larger agencies in McHenry County, including Crystal Lake, Algonquin, Lake in the Hills and Woodstock. Currently Algonquin, Lake in the Hills and Crystal Lake are still in negations from last year and are working without a current contract. Woodstock has one year remaining on their contract. When comparing wages all the departments except for Woodstock currently have higher wages than McHenry. Recommendation: If Council concurs, then it is recommended that a motion be made to execute the attached ordinance authorizing the Mayor to sign and execute the attached four (4) year collective bargaining agreement between the City of McHenry and Illinois Fraternal Order of Police for a term starting May VIP 2019 and ending April 30th, 2023. CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1932 An Ordinance Authorizing the Mayo's and Deputy City Clerk's Execution of a Labor Agreement between the City of McHenry and the Illinois Fraternal Order of Police (Unit 1) McHenry City Police Officers Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 4, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th day of March 2019. ORDINANCE NO 19-( 3 -)- AN ORDINANCE AUTHORIZING THE MAYOR'S AND DEPUTY CITY CLERK'S EXECUTION OF A LABOR AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE ILLINOIS FRATERNAL ORDER OF POLICE (UNIT 1) MCHENRY CITY POLICE OFFICERS. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Mayor and the McHenry City Council desire to enter into a Labor Agreement with the Illinois Fraternal Oder of Police (Unit 1) representing the McHenry City Police Officers. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the McHenry City Council as follows: SECTION 1: a. The Labor Agreement, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. b. The Mayor of the City of McHenry and the Deputy City Clerk are hereby authorized to executive said agreement. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED and APPROVED this 4"' day of March 2019. Voting Aye: Voting Nay: Abstaining: Not Voting: Absent: ATTEST: City Clerk Mayor ILLINOIS FOP LABOR COUNCIL and CITY OF IVICHENRY PATROL OFFICERS May 1, 2019 —April 30, 2023 Springfield - Phone: 217-698-9433 / Fax: 217-698-9487 Western Springs - Phone: 708-784-1010 / Fax: 708-784-0058 Web Address: www.fop.orq 24-hour Critical Incident Hot Line: 877-IFOP911 TABLE OF CONTENTS PREAMBLE....................................................................................................................1 ARTICLE1 RECOGNITION...........................................................................................1 Section1.1: Recognition..................................................................................................1 Section 1.2: Duty of Fair Representation...........................................................................1 Section 1.3: New Classifications......................................................................................1 ARTICLE 2 UNION SECURITY AND RIGHTS..............................................................2 Section2.1: Dues............................................................................................................2 Section 2.2: Bulletin Board............................................................................................. 3 Section 2.3: Union Indemnification...................................................................................3 Section2.4: Union Officials.............................................................................................3 ARTICLE 3 MANAGEMENT RIGHTS...........................................................................3 ARTICLE 4 LABOR-MANAGEMENT MEETINGS........................................................4 Section4.1: Meeting Request...........................................................................................4 ARTICLE 5 MAINTENANCE OF ECONOMIC BENEFITS............................................5 ARTICLE 6 HOURS OF WORK AND OVERTIME........................................................5 Section 6.1: General Provisions........................................................................................5 Section 6.2: Normal Work Period, Workday and Work Schedule.........................................6 Section 6.3: Changes in Normal Work Period, Workday and Work Schedule ........................6 Section6.4: Overtime Pay...............................................................................................6 Section 6.5: Court and Training Time...............................................................................7 Section6.6: Call Back Pay...............................................................................................7 Section 6.7: Compensatory Time...................................................................................... 7 Section 6.8: Required Overtime........................................................................................8 Section6.9: Shift Trades..................................................................................................9 Section 6.10: Seniority Shift Bidding................................................................................ 9 Section 6.11: Officer-In-Charge/Field Training Officer Pay..............................................11 Section6:12: On -Call Pay.............................................................................................11 ARTICLE 7 SENIORITY, LAYOFF AND RECALL......................................................11 Section 7.1: Definition of Seniority.................................................................................11 Section 7.2: Probationary Period....................................................................................12 Section7.3: Seniority List..............................................................................................12 Section7.4: Layoff.......................................................................................................12 Section7.5: Recall........................................................................................................12 Section 7.6: Termination of Seniority..............................................................................13 ARTICLE 8 MCHENRY POLICE COMMISSION........................................................13 ARTICLE 9 GRIEVANCE PROCEDURE.....................................................................14 Section9.1: Definition..................................................................................................14 Section9.2: Procedure...................................................................................................14 Section9.3 Arbitration..................................................................................................16 Section 9.4: Limitations on Authority of Arbitrator..........................................................16 Section 9.5: Time Limit for Filing..................................................................................17 Section 9.6: Union Grievances.......................................................................................17 Section9.7: Miscellaneous............................................................................................17 ARTICLE 10 NO STRIKE -NO LOCKOUT....................................................................17 Section 10.1: No Strike Commitment..............................................................................17 Section 10.2: Strikes Prohibited......................................................................................17 Section 10.3: Job Actions Prohibited...............................................................................18 Section 10.4: Violations of This Article...........................................................................18 Section 10.5: Illinois Fraternal Order of Police, Labor Council Notification of Employees ...18 Section10.6: No Lockout..............................................................................................18 Section 10.7: Judicial Relief...........................................................................................18 ARTICLE 11 HOLIDAYS AND PERSONAL BUSINESS LEAVE..................................19 Section11.1: Holidays..................................................................................................19 Section 11.2: Eligibility Requirements............................................................................19 Section 11.3: Holiday Pay..............................................................................................19 Section 11.4: Personal Business Leave............................................................................20 ARTICLE 12 VACATIONS............................................................................................20 Section 12.1: Eligibility and Allowances.........................................................................20 ii Section 12.2: Vacation Pay............................................................................................21 Section 12.3: Scheduling and Accrual.............................................................................21 ARTICLE13 SICK LEAVE...........................................................................................23 Section 13.1: Purpose and Allowance.............................................................................23 Section 13.2: Days Earned in Accumulation....................................................................23 Section13.3: Notification..............................................................................................23 Section 13.4: Medical Examination................................................................................23 Section 13.5: Sick Leave Utilization............................................................................... 24 Section 13.6: Unused Sick Leave....................................................................................24 ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE...................................................24 Section 14.1: Unpaid Discretionary Leaves.....................................................................24 Section14.2: Military Leave..........................................................................................25 Section 14.3: Bereavement Leave................................................................................... 25 Section14.4: Jury Leave................................................................................................25 Section 14.5: Family and Medical Leave Act ("FMLA") Leave ......................................... 26 Section 14.6: Application for Leave................................................................................ 26 Section 14.7: Benefits While on Unpaid Discretionary Leave ............................................ 26 Section 14.8: Non -Employment Elsewhere......................................................................26 Section 14.9: Family Responsibilty Leave.......................................................................26 ARTICLE15 WAGES....................................................................................................27 Section15.1: Base Wages..............................................................................................27 Section 15.2 Experience Credits.....................................................................................27 Section 15.3: Tuition Reimbursement.............................................................................27 Section 15.4: Deferred Compensation Plan(457K)...........................................................27 Section 15.5: Investigator Stipend..................................................................................27 Section 15.6: Travel Training Reimbursement.................................................................27 ARTICLE 16 UNIFORM ALLOWANCE....................................................................... 27 Section16.1 Initial Uniform...........................................................................................27 Section 16.2 Uniform Allowances..................................................................................28 Section 16.3: Safety Vest Replacement...........................................................................28 Section 16.4: Return of Uniforms and Equipment.............................................................28 iii Section 16.5: Reimbursement of Uniform Cleaning Expenses...........................................28 ARTICLE 17 INSURANCE............................................................................................ 28 Section 17.1: Coverage and Cost....................................................................................28 Section 17.2: Cost Containment.....................................................................................29 Section17.3: Life Insurance...........................................................................................29 Section 17.4: Terms of Insurance Policies to Govern ........................................................29 Section 17.5: Waiver of Insurance..................................................................................29 Section 17.6: Employee Deductible and Co -Insurance Costs.............................................30 ARTICLE 18 EMPLOYEE ALCOHOL AND DRUG TESTING.....................................31 Section 18.1: Statement of Policy................................................................................... 31 Section18.2: Prohibitions.............................................................................................. 31 Section 18.3: Drug and Alcohol Testing Permitted........................................................... 32 Section 18.4: Order to Submit to Testing......................................................................... 32 Section 18.5: Test to be Conducted................................................................................. 32 Section 18.6: Disciplinary Action................................................................................... 34 Section 18.7: Voluntary Request for Assistance...............................................................34 Section18.8: Treatment.................................................................................................35 ARTICLE 19 EMPLOYEE AND OTHER STATUTORY RIGHTS................................35 Section 19.1: Bill of Rights............................................................................................ 35 Section 19.2: Personnel Files.........................................................................................36 Section 19.3: Indemnification.........................................................................................36 Section19.4: Discipline.................................................................................................36 Section 19.5: Notice of Discipline..................................................................................36 Section 19.6: Access to Arbitration.................................................................................36 ARTICLE 20 GENERAL PROVISIONS........................................................................36 Section20.1: Gender.....................................................................................................36 Section 20.2: Ratification and Amendment...................................................................... 36 Section 20.3: Fitness Examinations.................................................................................36 Section 20.4: Physical Fitness Requirements....................................................................36 Section 20.5: Secondary Employment............................................................................. 37 Section20.6: No Smoking.............................................................................................37 iv Section 20.7: Special Assignment Employees..................................................................37 Section 20.8: Rules and Regulations...............................................................................37 Section20.9: Inoculations..............................................................................................37 Section 20.10: Communicable Diseases..........................................................................38 Section 20.11: Replacement of Personal Property.............................................................38 Section 20.12: Location of Meetings............................................................................... 38 Section 20.14: No Solicitation........................................................................................38 ARTICLE 21 SAVINGS CLAUSE..................................................................................39 ARTICLE 22 IMPASSE RESOLUTION........................................................................39 ARTICLE 23 ENTIRE AGREEMENT........................................................................... 39 ARTICLE 24 DURATION AND TERM OF AGREEMENT...........................................40 APPENDIXA WAGE TABLE........................................................................................41 APPENDIX B REQUIRED INITIAL UNIFORM LIST..................................................42 APPENDIX C GRIEVANCE FORM..............................................................................43 APPENDIX D DUES AUTHORIZATION FORM..........................................................46 APPENDIX E — GENERAL ORDER 22.10 ATTENDANCE RQUIREMENT .................47 APPENDIX F — FAMILY MEDICAL LEAVE POLICY ................................................. 50 APPENDIX G — GENERAL ORDER 22.4 SECONDARY EMPLOYMENT ....................56 APPENDIX H SENIORITY LIST...................................................................................59 u PREAMBLE This Labor Agreement entered into by the City of McHenry, Illinois (hereinafter also referred to as the "City" or the "Employer") and the McHenry Police Officers Association (hereinafter also referred to as the "Union" or "Illinois Fraternal Order of Police, Labor Council") is in recognition of the Union's status as the representative of the City's sworn full-time peace officers in the rank of Patrol Officer in the Police Department, and has as its intent and purpose being the establishment of an entire agreement covering all rates of pay, hours of work and conditions of employment applicable to bargaining unit employees during the term of this Labor Agreement; the promotion of good working relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work, and interference with the operations of the City; and the establishment of an orderly procedure for the resolution of grievances as provided herein. Therefore, in consideration of the mutual promises and agreements contained in this Labor Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE 1 RECOGNITION Section 1.1: Recognition The City recognizes the Union as the sole and exclusive collective bargaining representative for employees in bargaining Unit I defined as all sworn full-time peace officers in the rank of Patrol Officer employed by the Police Department of the City hereinafter referred to as "officers" or "employees"), but excluding all other employees, including, but not limited to: all employees holding the position of Police Chief or Deputy Police Chief; all sworn officers above the rank of Patrol Officer; all part-time or temporary employees; employees excluded from the definition of "peace officer" as defined by Subsection 3(k) of the Illinois Public Labor Relations Act (as it existed on January 1, 1993) (hereinafter referred to as "IPLRA"); all non -Police Department employees; and all managerial, supervisory, confidential, professional, short-term, security and craft employees, as defined by the IPLRA. Section 1.2: Duty of Fair Representation The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the bargaining unit covered by this Labor Agreement, and the Illinois Fraternal Order of Police, Labor Council agrees to fulfill its duty to fairly represent all employees in the bargaining unit, whether or not they are members of the Union. Section 1.3: New Classifications The Employer shall promptly notify the Union of its decision to implement any new classifications pertaining to work of a nature performed by employees in the bargaining unit. If the new classification is a successor title to a classification covered by the Labor Agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Labor Agreement. If the new classification contains a significant part of the work now being done by any of the classifications covered by this Labor Agreement, or whose functions are similar to employees in this bargaining unit, and the new job classification may fall within the bargaining unit, the parties will then meet within thirty (30) days to review the proposed classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, the Employer and the Illinois Fraternal Order of Police, Labor Council agree to jointly petition the ISLRB to seek the necessary unit clarification. The Employer shall be free to implement its decision pending the outcome of the unit clarification petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then negotiate as to the proper pay grade for the classification, subject to the impasse resolution procedures of Article 22 of this Labor Agreement. ARTICLE 2 UNION SECURITY AND RIGHTS Section 2.1: Dues While this Labor Agreement is in effect, the City will deduct the appropriate biweekly amount of dues from each employee in the bargaining unit who has filed with the City a lawful, voluntary, effective check -off authorization form. Check -off authorization forms shall be supplied to the City by the Union, and will be provided to newly hired employees at the same time such employees are requested to complete other required employment documents. The City will honor all executed check -off authorization forms received not later than ten (10) working days (i.e., days the City's administrative offices are open) prior to the next deduction date. If a conflict exists between the check -off authorization form and this Article, the terms of this Article and Labor Agreement control. The City shall provide the Union with an opportunity to meet with all newly hired bargaining unit members on or before their respective starting dates for the purpose of explaining the benefits of membership in the Union. This privilege is subject to being discontinued in the event that a labor organization other than the Union should file a valid representation petition with the ISLRB claiming to represent a majority of the bargaining unit members. Total deductions collected for each month shall be remitted by the City to the Illinois Fraternal Order of Police, Labor Council by the tenth (IOth) of the following month, together with a list of employees for whom deductions have been made. Dues deducted shall be sent to the official address designated in writing to the Employer by the Illinois Fraternal Order of Police, Labor Council. The Union agrees to refund to the employee any amount paid to the Illinois Fraternal Order of Police, Labor Council in error on account of this dues deduction provision. Dues shall be withheld and remitted to the Illinois Fraternal Order of Police, Labor Council unless or until such time as the City receives ten (10) working days written notice a revocation of dues from an employee, or other timely notice of an employee's death, transfer from covered employment, termination of covered employment, or when there are insufficient funds available in the employee's earnings after withholding all other legal and required deductions. Information concerning dues not deducted under this Article shall be forwarded to the Union, and this action will discharge the City's only responsibility with regard to such cases. The City shall provide the Union with a copy of any revocation of dues deduction authorization within seven (7) calendar days of the date the revocation is received by the City. Semiannually, the City shall provide the Union with a list of all employees in the bargaining unit, their dues status, and the amount paid in the previous six (6) month period. Deductions shall cease at such time as a strike or work stoppage occurs in violation of Article 10 (No Strike -No Lockout). 2 The actual dues to be deducted shall be certified in writing to the City by the Illinois Fraternal Order of Police, Labor Council. Dues shall each be uniform in dollar amount for all employees in order to ease the Employer's burden of administering this provision. The Illinois Fraternal Order of Police, Labor Council may change the fixed uniform dollar amounts of its regular monthly dues once each calendar year during the life of this Labor Agreement. The Illinois Fraternal Order of Police, Labor Council will give the City thirty (30) calendar days' notice of any such change in the amount of uniform dues to be deducted. Non-members who object to the due fees based upon bona fide religious tenets or teachings shall direct the Illinois Fraternal Order of Police, Labor Council to pay an amount equal to such dues fee to a non -religious charitable organization mutually agreed upon by the employee and the Illinois Fraternal Order of Police, Labor Council. If the affected non-member and the Illinois Fraternal Order of Police, Labor Council are unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. Section 2.2: Bulletin Board The City will make available space on a bulletin board in the Police Department for the posting of official Union business which is germane to its role as the exclusive bargaining representative and which are not defamatory or derogatory in nature. The Union will limit the posting of Union business to such bulletin board. The posting of political materials shall be limited to notice of meetings wherein political issues will be addressed, proposed agenda of political topics to be discussed, and the posting of any final action taken by Illinois Fraternal Order of Police, Labor Council with respect to said political issues via the posting of meeting minutes. Section 2.3: Union Indemnification The Union shall indemnify, defend and hold harmless the City and its officials, representatives and agents against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. Section 2.4: Union Officials For purposes of the Labor Agreement, the term "Union Officials" or "Union Officers" shall refer to the Union's duly elected Union stewards. The Union will maintain (and keep current) with the Employer a complete written list of its Union Officials and other agents (including their addresses and telephone numbers) who will deal with the City. ARTICLE 3 MANAGEMENT RIGHTS Except as specifically limited by the express provisions of this Labor Agreement, the City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, to make and implement decisions with respect to the operation and management of its operations in all respects, including, but not limited to, the following: to plan, direct, control and determine all the operations and services of the City; to determine the Police Department's mission, policies, procedures, and to set all standards of service offered in the community; to determine the budget, and to allocate budgetary priorities; to utilize and select suppliers and subcontractors; to supervise and direct the working forces; to establish the qualifications for hire and conditions for continued employment; to determine standards of conduct, both on and off duty, to the extent permitted by federal and state law; to select, hire, train, evaluate, promote, demote and transfer employees; to schedule and assign work and work duties; to assign overtime; to establish and enforce work, productivity and performance standards and, from time to time, to change those standards; to determine the methods, means, organization and number of personnel by which City operations and services shall be provided or purchased; to determine whether services are to be provided by employees covered by this Labor Agreement or by other employees or non -employees not covered by this Labor Agreement (provided such action does not result in layoffs in violation of the IPLRA); to make, alter and enforce rules, regulations, orders and policies; to change or eliminate existing methods, equipment or facilities; to layoff or otherwise relieve employees from duty because of lack of work or for other reasons; and to take any and all actions as may be necessary to carry out the mission, duties and responsibilities of the City in situations of local disaster of civil emergencies as may be formally declared by the Mayor or Mayor's designee, the provisions of this Labor Agreement notwithstanding. It is the sole discretion of the Mayor or Mayor's designee to declare that a local disaster of civil emergency condition exists. n the event of such emergency action, the provisions of this Labor Agreement may be suspended. A local disaster of civil emergency shall include, but is not limited to, riots, civil disorder, and natural or manmade disaster conditions. ARTICLE 4 LABOR-MANAGEMENT MEETINGS Section 4.1: Meeting Request The Illinois Fraternal Order of Police, Labor Council and the City agree that, in the interest of efficient management and harmonious employee relations, meetings are held up to once quarterly at the request of either party or at other times mutually agreed between Illinois Fraternal Order of Police, Labor Council representatives and the Chief and/or the City Administrator. It is expressly understood and agreed that such meeting shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at "labor- management meetings" nor shall negotiations for the purpose of adding to or altering any of the terms of this Labor Agreement be carried on at such meetings. Attendance at labor-management meetings shall be voluntary on the employee's part, and attendance by off -duty personnel during such meetings shall not be considered time worked for compensation purposes. If at the quarterly labor management meeting or meetings scheduled at the request or consent of the City during the regularly scheduled duty hours of one (1) or two (2) employee Union representatives, and if it is mutually agreed between the Chief or Chiefs designee and the Union, such employee Union representatives shall be released from duty without loss of pay, provided they shall remain available to return to duty if needed. Normally, up to three (3) persons from each side shall attend these meetings, schedules permitting. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a "labor-management meeting" and expressly providing the agenda for such meeting. Such meetings and locations, if mutually agreed upon, shall be limited to: (a) discussion on the implementation and general administration of this Labor Agreement; (b) a sharing of general information of interest to the parties; 4 (c) notifying the Illinois Fraternal Order of Police, Labor Council of changes in conditions of employment contemplated by the Employer which may affect employees; (d) issues or concerns involving safety. ARTICLE 5 MAINTENANCE OF ECONOMIC BENEFITS All economic benefits which are not set forth in this Labor Agreement and have not been eliminated during negotiations and that are currently in effect shall continue and remain in effect until such time as the City shall notify Illinois Fraternal Order of Police, Labor Council of its intention to change them. Upon such notification, and if requested by Illinois Fraternal Order of Police, Labor Council, the City shall meet and discuss such change before it is finally implemented by the City. Any change made without such notice shall be considered temporary pending the completion of such meet and confer discussions. If Illinois Fraternal Order of Police, Labor Council becomes aware of such change and has not received notification, the Illinois Fraternal Order of Police, Labor Council must notify the City as soon as possible and request discussions, if such discussions are desired. The failure of the Illinois Fraternal Order of Police, Labor Council to request discussions shall act as a waiver of the right to such discussions by Illinois Fraternal Order of Police, Labor Council; however, no waiver will be construed to have occurred absent a showing that the Illinois Fraternal Order of Police, Labor Council actually knew of the City's proposed or temporary change and failed to act upon it. No past economic practice, however, shall be construed so as to supersede or alter the plain meaning of the express provisions of this Labor Agreement, nor shall this Article be deemed to restrict management rights as outlined in this Labor Agreement. ARTICLE 6 HOURS OF WORK AND OVERTIME Section 6.1: General Provisions Purpose of Article The sole purpose of this Article is to provide a basis for the calculation of straight time, overtime, and other premium wages. The Employer's pay records, practices, policies and other procedures shall govern the payment of all wages. No Guarantee of Work Nothing in this Article shall be construed as a guarantee of hours of work. This Article is intended only as a basis for computing overtime consistent with the provisions of the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in any form for time not worked except as specifically provide for in this Labor Agreement. No Pyramiding Compensation shall not be paid more than once for the same hours under any provision of this Labor Agreement. 5 Section 6.2: Normal Work Period, Workday and Work Schedule Shift Employees' normal work schedules are as follows: 7:30 AM-4:00 PM (Days) 3:30 PM- 12:00 AM (Afternoons a/k/a evenings) 11:30 PM-8:00 AM (Nights a/k/a midnights) Employees shall work what is commonly referred to the 6-3 schedule. The normal workday for shift employees is 8.5 hours for six (6) days, followed by three (3) days off. The workday includes a paid thirty (30) minute lunch break, which will normally be scheduled by the officer's immediate supervisor. It is understood by the parties that this schedule includes two (2) buy back days. The Chief of Police or Chiefs designee will assign personnel to training during the year to total the appropriate number of buy-back hours. Buyback days will be scheduled a minimum of one (1) month in advance. Officers will not be assigned a buyback day on a day off group (three day pattern as defined above) when an officer has previously been approved for benefit time immediately preceding the three (3) days off or immediately following the three (3) days off, unless the officer voluntarily waives this restriction. Section 6.3: Changes in Normal Work Period, Workday and Work Schedule The shifts, workdays and hours to which employees are assigned shall be stated on the Departmental work schedule. Subject to the provisions of Section 6.10 herein, should it be necessary in the interest of efficient operations to temporarily alter or reassign the regular and normal workday, work period, work shift or work schedule, absent unexpected circumstances or an emergency, the City shall give at least twenty-four (24) hours' notice to the individuals affected by any such change. Illinois Fraternal Order of Police, Labor Council and the City agree that the normal twenty-four (24) hour scheduling arrangement as set forth in Section 6.2 shall commence on January 1, 1997 and shall continue thereafter for a trial period of two (2) calendar years. If, during the initial trial period, the City or Illinois Fraternal Order of Police, Labor Council encounter concerns with the scheduling arrangement as set forth in Section 6.2, such concerns shall be brought to the attention of the other party by way of a Labor Management conference as set forth in Article 4 herein. After the initial trial period, if the City, in its discretion, desires to permanently alter the normal twenty- four (24) scheduling arrangement as set forth in Section 6.2, the City shall (1) inform the Union of any such change thirty (30) days before it is implemented and (2) if requested, allow the Union the opportunity to comment on same through a labor-management meeting in accordance with Article 4, the City's discretion in permanently altering the normal twenty-four (24) hour scheduling arrangement shall not be unreasonably applied. Section 6.4: Overtime Pay When any employee works more hours in a workday than the number of hours in the employee's normal shift or works more than one hundred seventy-one (171) hours in a twenty-eight (28) day work period, the officer shall be paid at a rate of one and one-half (1-1/2) times the officer's regular straight -time hourly rate of pay for each overtime hour worked beyond the employee's normal Col shift or one hundred seventy-one (171) hours in a twenty-eight (28) day work period. A non -shift employee shall be paid at one and one-half (1-1/2) times the officer's regular straight time hourly rate of pay for each hour worked in excess of the employee's normal shift or in excess of forty (40) hours in a seven (7) day work period. Overtime pay shall be received in fifteen (15) minute segments as provided by the Fair Labor Standards Act (FLSA). For purposes of this Article, time worked shall include only that time spent on duty as provided by the Fair Labor Standards Act (FLSA), and shall not include any uncompensated periods or time which is compensated but not actually worked, including but not limited to vacation, sick leave, or any other leave of absence. All overtime shall be paid on the basis of a regular straight time hourly rate calculated by dividing an employee's annual salary by 2080. The parties herein agree that with the transition to the normal twenty-four (24) hour scheduling arrangement as set forth in Section 6.2, all overtime hours incurred during the initial pay period as a result of said transition shall be paid to bargaining unit members at the affected officer's normal straight time rate of pay. Section 6.5: Court and Training Time Police Officers who would otherwise be off -duty shall be paid a minimum of two (2) hours' pay and be paid a minimum of three (3) hours pay for Branch 1 appearances, excluding grand jury appearances, at their applicable overtime rate of pay for all hours worked when (1) appearing in court on behalf of the City in the capacity of a commissioned officer, or (2) when preparing for an off -duty court appearance when in the presence of a prosecuting attorney, or (3) when participating in mandatory off -duty training exercises or meetings. The two (2) hour minimum (three (3) hour minimum for Branch 1 appearances) shall not apply where (1) the court or training or meeting time precedes within two (2) hours of the employee's regular work shift or (2) court or training or meeting time immediately follows an employee's regular work shift. Lunch periods in connection with court time shall not be counted toward hours worked. Section 6.6: Call Back Pay A call-back is defined as a work assignment which does not immediately precede or follow an employee's regularly scheduled working hours. A Police Officer called back to work after having left work shall receive a minimum of two (2) hour's pay at the overtime rate, unless the individual is called back by the Patrol Officer's supervisor to rectify the officer's own error. Section 6.7: Compensatory Time Where requested by the affected employee, the City shall grant compensatory time for all overtime hours worked, up to a maximum of fifty-one (51) hours of compensatory time per shift employee, or fifty-one (51) hours of compensatory time per non -shift employee, in any given calendar year. Compensatory time may be replenished. Compensatory time off shall be taken at such time as agreed to by the Chief of Police. Accumulated compensatory time not taken by the end of the calendar year shall be paid to the affected employee on the first scheduled payroll in the next calendar year, with the exception of seventeen (17) hours or two regular shifts, whichever is less, which may be carried over to the next calendar year. Compensatory time off shall be counted toward hours of work for purposes of calculating overtime. Compensatory times shall be used in increments of no less than two (2) hours. 7 Section 6.8: Required Overtime The Chief of Police or Chief s designee(s) shall have the right to require overtime work and employees may not refuse overtime assignments. In non -emergency situations, the Chief or Chief s designee as a general rule shall take reasonable steps to obtain volunteers for overtime assignments before assigning required overtime work. However, volunteers will not necessarily be selected for work in progress. Also, specific employees may be selected for special assignments based upon specific skills, ability and experience they may possess. Regular Shift Shortage Required Overtime When such regular shift required overtime becomes available, it will be offered in the following steps: Shift Shortage (with Supervisor already working on the short shift) 1. It shall be offered first to the off going and on coming bargaining unit personnel in four (4) hour increments by seniority, then 2. Offered to off going and on coming supervisors in four (4) increments, then 3.Offered to bargaining unit personnel assigned to the affected shift who are currently off duty by seniority, then 4. Offered to supervisors assigned to the affected shift who are currently off duty, then 5. If the hours remain unfilled, then officers will be ordered to work the required overtime based on reverse seniority of the off going and on coming shifts, in four (4) hour increments. Shift Shortage (with no Supervisor working the short shift) 1. It shall be offered first to off going and on coming supervisors in four (4) hour increments, then 2. Offered to the off going and oncoming bargaining unit personnel in four (4) hour increments, by seniority, then 3. Offered to supervisors assigned to the affected shift who are currently off duty, then 4. Offered to bargaining unit personnel assigned to the affected shift who are currently off duty by seniority, then 5. If the hours remain unfilled, then officers will be ordered to work the required overtime based on reverse seniority of the off going and on coming shifts, in four (4) hour increments. Special Events / Special Assignment Required Overtime When such special event / special assignment required overtime becomes available, the overtime shall be posted as an overtime detail by the Chief of Police or the Chief s designee(s). The overtime shall be made available to all Unit I bargaining members and those selected will be selected on a rotating seniority basis (that resets annually) and job qualifications. If hours remain unfilled, the overtime shall be filled by ordering members of the bargaining unit to work on a reverse seniority basis. All special assignments that have been approved by the Chief of Police as "Special Assignment Required Overtime" details shall be overtime assignments and one and one half the selected officer's hourly rate of pay will apply. E:3 Overtime Assignment Exception The McHenry West Campus Bus Detail will be filled on a continuous rotating seniority basis. The McHenry West Campus Bus Detail will not follow seniority selection but Officers and Sergeants will be able to sign up for three (3) details at a time until all monthly bus details are filled. The Chief of Police or Chief s designee(s) will maintain a record of the process used to assign overtime and will make available to the Union Stewards upon request. Section 6.9: Shift Trades In accordance with the Fair Labor Standards Act, an employee may trade duty days with another employee in the same rank and position, provided that the trade: (a) has been requested at least one (1) duty day in advance, (b) does not adversely interfere with the operations of the department or an employee's training and (c) is approved by the Chief of Police or Chiefs designee; such approval not to be unreasonably withheld. It is understood in this regard that the substitute employee must be capable of performing all of the job functions of the employee originally scheduled to work the shift. The hours worked by the substitute employee shall be excluded by the City in the calculation of hours, for which the substitute employee would otherwise be entitled to compensation including overtime compensation. The hours worked by the substitute employee shall be counted as hours worked by the employee originally scheduled to work. Section 6.10: Seniority Shift Bidding Bargaining unit employees with three (3) or more years of experience as of the date of the initial shift bid shall be allowed to exercise their seniority for selection of shift assignments and day off pattern on an annual basis. Bargaining unit employees with less than three (3) years of seniority as of the date of the initial shift bid shall be allowed to exercise their seniority for selection of the first quarter third year shift assignment on an annual basis. Thereafter, bargaining unit member's eligibility for annual shift bidding and day off pattern will be determined based on the employee's seniority as of October 1 each year. Shift Bids The Employer shall conduct shift bids between September 1 and September 30 each year, for shifts effective January 1, by compiling a list of personnel seniority dates. Employees shall then bid for their choices of shift. Employees shall be given choices corresponding to the number of positions for each shift. All positions of a shift shall be available, except those reserved by the Employer as defined below. On or before October 1, the employer shall post a list identifying which shift each Officer has been assigned. Early car assignments will be selected by the selected by the Chief of Police or Chief s designee(s). Rotation Selection The Employer shall conduct day off patterns bids between October 1 and October 31 each year for day off patterns effective January 1. On or before October 1, the Employer shall post a list identifying which shift each officer has been assigned. Officers assigned to early cars on each shift will bid for a rotation amongst themselves by seniority. Officers on each individual shift with three (3) or more years of experience as of October 1, that are not designated as early cars, will bid W amongst themselves by seniority for their day off pattern. Officers with less than three (3) years of experience as of October 1, will not be eligible to bid their day off pattern, but will be assigned their pattern by the Chief of Police or his designee(s). Any shift transfers required as a result of this process shall take effect January 1 each year. Reserved Positions 1. For all positions available within the bargaining unit, the Employer retains the right to make shift assignments during the first three (3) years of service in positions reserved by the Employer for inexperienced Officers. A) Employees with less than three (3) years of seniority as of October 1 st each calendar year shall be ineligible for unit wide seniority shift bidding. However, employees will choose the shift starting time for the first quarter of each calendar year. Thereafter, said employees will remain on said shift for a period of seventeen (17) weeks. After each seventeen (17) week period, employees will rotate counter clockwise to the next shift starting time for the subsequent seventeen (17) week period, and all shall continue to rotate every third year thereafter for the remainder of the calendar year. Employees with less than three (3) years of seniority as of October 1 st each calendar year shall be placed into the same days -off groups on each shift to the extent permissible. 2) Illinois Fraternal Order of Police, Labor Council and the City agree that employee assignments to K-9 Officer, Street Crimes, School Liaison, Task Force and Investigations shall not be considered "available positions" within the meaning of this Section. 3) The Chief of Police reserves the right to temporarily reassign a bargaining unit member to a shift other than the shift the employee bid for by seniority as provided herein, for purposes of continuing law enforcement education and training or other required training of the employee, subject to the notice provisions of Article 6, Section 6.3 herein. 4) The Chief of Police reserves the right to temporarily reassign a bargaining unit member to a shift other than the shift the employee bid for by seniority as provided herein, to temporarily replace another bargaining unit member on extended medical leave of absence. 5) The Chief of Police reserves the right to temporarily reassign bargaining unit members to a shift other than the shift the employee bid for by seniority as provided herein, in the event of an emergency. 6) The Chief of Police reserves the right to reassign a bargaining unit member to a shift other than the shift the employee bid for by seniority as provided herein, where performance deficiencies give rise to the necessity of such transfer. In the event an employee's performance is deficient, and where the employee has been subjected to an oral reprimand and has subsequently been subjected to a written reprimand for the employee's performance deficiencies, the Chief of Police, in his discretion, may reassign the employee to another shift determined to be appropriate, said discretion not to be unreasonably applied. 10 A) In the event the Chief of Police reassigns a bargaining unit member to another shift due to performance deficiencies of the bargaining unit member as described herein above, the City shall first offer to an employee in the same day off group as the transferred employee the opportunity to fill the shift vacancy created by the disciplined employee's transfer. If an employee in the same day off group declines the opportunity to fill the shift vacancy, the City agrees to fill the shift vacancy created by the disciplined employee's transfer with a bargaining unit member from the five (5) years or less seniority group, rather than to compromise the schedule of employees within the five (5) years or more of seniority shift bidding group. Shift Trades By mutual agreement between employees with the consent of the Chief of Police or Chiefs designee, subject to the operating needs of the department, individual employees may bid shift changes in addition to the annual bid. Shift Vacancies If after bidding for shift a vacancy occurs (sixty (60) days or longer), then preferably an employee on a duplicate day off group may be moved to the vacant position. No further bidding of shifts shall occur until the normal annual shift bidding procedure occurs. The shift bidding provisions above shall begin on October 1, 1996 to be effective for the calendar year beginning January 1, 1997 and shall continue thereafter in subsequent calendar years. Nothing in this Article shall limit the rights of the City or Chief of Police to determine the number of officers on each shift. Section 6 11. Officer-In-Charge/Field Training Officer Pay An employee assigned as an Officer -In -Charge for a minimum of four (4) hours during a shift shall receive additional compensation in the amount of one (1) hour of pay for such assignment. Only one (1) Officer can receive OIC pay per shift. An employee assigned as a Field Training Officer for a minimum of four (4) hours during a shift shall receive additional compensation in the amount of one (1) hour of pay for such assignment. No more than two (2) Officers can receive FTO pay for training the same employee on the same day. In the event an employee is assigned to both positions during the same shift, the employee will receive the higher of the two (2) rates. Section 6:12: On -Call Pay Officers who are regularly assigned to be On -Call as a part of their duties shall be compensated for this On -Call status by payment of twenty (20) hours of straight -time pay. Ten (10) hours shall be paid in the first half of the year (May) and ten (10) hours shall be paid in the second half of the year (November). ARTICLE 7 SENIORITY, LAYOFF AND RECALL Section 7.1: Definition of Seniority For purposes of this Labor Agreement, seniority shall be defined as an employee's length of continuous service from the last date of beginning continuous full-time employment in a position covered by this Labor Agreement. Seniority shall accumulate during all authorized paid leaves of absence and during suspensions of thirty (30) days or less. Seniority shall not accumulate from the first day of an authorized unpaid leave or absence of lay off of thirty (30) calendar days or more. Conflicts of seniority shall be determined on the basis of the order of the employees' names on the eligibility list from which they were hired. 11 Section 7.2: Probationary Period All new employees and those hired after loss of seniority shall be considered probationary employees until they have completed a probationary period of fifteen (15) months of work. The probationary period may be extended up to three (3) months by the Chief of Police. Time absent from duty or not served for any reason (such as, including but not limited to, unpaid leave of absence, duty related injury or illness, jury duty, military leave, etc.) shall not apply toward satisfaction of the probationary period, except for holidays, vacation and paid sick leave. Probationary employees shall be entitled to all rights, privileges and benefits provided for in this Labor Agreement, except that during an employee's probationary period, the employee may be terminated without cause. Such probationary employee shall have no recourse to the grievance procedure or to the Board of Police Commissioners to contest a layoff or termination. Furthermore, there shall be no seniority among probationary employees for purposes of layoffs. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to the officer's last date of hire with the City in a position covered by this Labor Agreement. Officers hired from other Departments who are fully credited will be considered probationary until they have completed a probationary period of twelve (12) months of work. The Chief of Police may extend the probationary period up to three (3) months. Section 7.3: Seniority List On or about October 1 each year, the City will provide the Union with a seniority list of all employees in the bargaining unit setting forth each employee's seniority date and rank. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within thirty (30) days after the Union's receipt of the list. Upon request in writing to the Police Chief, an updated seniority list will be provided to the Union during the course of the year. Section 7.4: Layoff The City, in its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this Labor Agreement will be laid off in accordance with their length of service as provided in the Illinois Compiled Statutes (65 ILCS 5/10-2.1-18, as it existed as of January 1, 1993), provided that, however, probationary employees shall be selected for layoff based on relative skill and ability as determined by the Chief; and provided further that the remaining employees are qualified to do the remaining work without further training. In the event a non -probationary employee is laid off ahead of a probationary employee subject to the aforementioned provision, said non -probationary employee or employees shall be given an additional twelve (12) months (up to a total of twenty-four (24) months) for purposes of recall pursuant to Section 7.5. Section 7.5: Recall Employees (including probationary employees) who are laid off shall be placed on a recall list, in the reverse order of their layoff for a period of twelve (12) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they meet the City's medical, physical fitness and mental standards and are fully qualified to perform the work to which they are recalled without further training. An employee who is recalled and fails to meet such standards at the time of recall shall be passed over and returned to the top of the recall list; such an employee will be eligible for a second recall for a future vacancy so long as the officer 12 remains on the recall list. An employee's seniority will be terminated if the officer fails such standards upon a second recall. Employees who are eligible for recall shall be given at least thirty (30) calendar days' notice of recall (with the first of the thirty (30) days being the date the notice to the employee is postmarked). The notice of recall shall be sent to the employee by certified mail, return receipt requested, with a copy similarly mailed or personally delivered to a designated representative of the Union. The employee must notify the Police Chief or Chief s designee of the officer's intention to return to work within three (3) calendar days after receiving notice of recall (but in no event later than thirty (30) days from the date of postmark of the notice of recall). The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of each employee to provide the Police Chief or Chief s designee with the officer's latest mailing address. If an employee fails to timely respond to a recall notice or if an employee either declines the recall or does not report to work as scheduled, the officer's name shall be removed from the recall list. If the City has not heard from the employee within thirty (30) calendar days of mailing a properly addressed notice of recall, or if the notice is returned as undeliverable by the United States Postal Service, whichever occurs first, the employee's name shall be removed from the recall list. Section 7 6• Termination of Seniority Seniority for all purposes and the employment relationship shall be terminated if the employee: (a) quits; retires or is retired, (b) is discharged, for just cause; (c) falsifies the reason for a leave of absence or is found to be working during a leave of absence without prior written approval of the Chief; (d) fails to report to work at the conclusion of an authorized leave of absence, layoff or vacation; (e) is laid off and fails to respond to a notice of recall within three (3) calendar days after receiving notice of recall or to report for work at the time prescribed in the notice of recall or otherwise does not timely respond to a notice of recall as provided in Section 7.5 of this Labor Agreement; (f) is laid off or otherwise does not perform bargaining unit work for the City for a period in excess of twelve (12) months; or (g) is absent for three (3) consecutive working days without notification to or authorization from the City. ARTICLE 8 MCHENRY POLICE COMMISSION The parties recognize that the Board of Police Commissioners of the City of McHenry has certain statutory authority over employees covered by this Labor Agreement, except as otherwise referenced in this Labor Agreement, including but not limited to certain authority over discipline and discharge of probationary employees and the right to make, alter and enforce rules and regulations. Nothing in this Labor Agreement is intended in any way to replace or diminish the 13 authority of the Board of Police Commissioners, except as otherwise denoted in the Labor Agreement. ARTICLE 9 GRIEVANCE PROCEDURE Section 9.1: Definition A "grievance" is defined as a dispute or difference of opinion raised under and during the term of this Labor Agreement (as set forth in Article 24, Duration and Term of Agreement) by an employee against the City involving an alleged violation, misinterpretation, or misapplication of an express provision of this Labor Agreement. The parties agree that the Chief of Police (or the Chief s designee) shall have the right to implement disciplinary suspension, including termination of a covered member for just cause, and shall not file charges with the City's Board of Fire and Police Commissioners. Neither the Police Chief nor the City or their agents will file charges asking the Board of Fire and Police Commissioners to impose discipline on any non -probationary bargaining unit employee; instead all such discipline shall be imposed by the Police Chief or designee. The decision of the Police Chief or the Chief s designee with respect to any suspension or dismissal action shall be deemed final, subject only to the review of said decision through the grievance and arbitration procedure. The sole recourse for appealing any such decision by the Chief of Police or the Chief s designee shall be for the employee to file a grievance as described herein. If the employee elects to file a grievance as to their suspension or dismissal, the grievance shall be processed in accordance with Article 9 of this Labor Agreement, except that it shall be filed at step 4 of the procedure. If the grievance proceeds to arbitration and the arbitrator determines that the disciplinary action was not supported by just cause, the arbitrator shall have the authority to rescind or to modify the disciplinary action and order back pay, or a portion thereof. No relief shall be available from the Board of Fire and Police Commissioners with respect to any matter which is subject to the grievance and arbitration procedure set forth in Article 9 of this Labor Agreement. The parties have negotiated an alternative procedure based upon the grievance and arbitration provisions of this Labor Agreement, and the foregoing provisions with respect to the appeal and review of suspension and discharge decisions shall be in lieu of and shall expressly supersede and preempt and provisions that might otherwise be the Rules and Regulations of the City's Board of Fire and Police Commissioner's. Discipline of probationary officers, as well as any verbal warnings, written reprimands or written warnings shall not be subject to the grievance and arbitration procedure. Section 9.2: Procedure A grievance filed against the City will be processed in the following manner. The parties may bypass one or more steps of the following procedure by written mutual agreement: Step 1 An employee who has a grievance is encouraged to resolve the grievance informally through discussions with the officer's immediate supervisor (normally the Officer's sergeant) who is not a member of any bargaining units and who is not otherwise represented by any Union. Any employee who has a grievance that cannot be resolved informally shall submit the grievance in writing to the immediate supervisor who is not a member of any bargaining unit and who is not otherwise represented by any Union specifically indicating that the matter is a grievance under this Labor Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Labor Agreement which are alleged to have been violated, and the specific relief 14 requested. All grievances must be presented no later than seven (7) calendar days from the date of the occurrence of the event first giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. The immediate supervisor shall render a written answer to the grievant within seven (7) calendar days after the grievance is presented. Step 2 If the grievance is not settled at Step 1 and the grievant wishes to appeal to Step 2 of the grievance procedure, it shall be submitted in writing to the appropriate Division Commander within seven (7) calendar days after receipt of the City's written answer in Step 1 or within seven (7) calendar days of when the City's answer in Step 1 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The Division Commander shall meet to discuss the grievance with the grievant at a mutually agreeable time within seven (7) calendar days of the Division Commander's receipt of the grievance. The Division Commander may present other persons whom the Division Commander deems appropriate. If no settlement of the grievance is reached, the Division Commander will provide a written answer within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after the Division Commander's receipt of the grievance. Step 3 If the grievance is not settled at Step 2 and the grievant wishes to appeal to Step 3 of the grievance procedure, it shall be submitted in writing to the Police Chief within seven (7) calendar days after receipt of the City's written answer in Step 2 within seven (7) calendar days of when the City's written answer in Step 2 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The Chief shall meet to discuss the grievance with the grievant and a Union Official at a mutually agreeable time within seven (7) calendar days of the Chief s receipt of the grievance. The Chief may present other persons whom the Chief deems appropriate. If no settlement of the grievance is reached, the Chief will provide a written answer within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after the Chief s receipt of the grievance. Step 4 If the grievance is not settled at Step 3 and the grievant wishes to appeal the grievance to Step 4 of the grievance procedure, it shall be submitted in writing to the City Administrator within seven (7) calendar days after receipt of the City's written answer in Step 3 or within seven (7) calendar days of when the City's written answer in Step 3 was due. The grievance shall specifically state the basis upon which the grievant believes the grievance was improperly denied at the previous step of the grievance procedure. The City Administrator or City Administrator's designee shall investigate the grievance and, in the course of such investigation, shall meet to discuss the grievance within seven (7) calendar days with the grievant and a Union Official. The City Administrator may present other persons whom he deems appropriate. If no such settlement of the grievance is reached, the City Administrator or City Administrator's designee shall provide a written answer to the grievant and a designated Union Official within seven (7) calendar days following the meeting or, if no meeting is held, within seven (7) calendar days after receipt of the appeal. 15 Section 9.3 Arbitration If the grievance is not settled in Step 4 and the Union wishes to appeal the grievance from Step 4 of the grievance procedure, the Union may refer the grievance to arbitration, as described below, within twenty-one (21) calendar days of the receipt of the City's written answer as provided to the Union at Step 4 or within twenty-one (21) calendar days of when the City's answer in Step 4 was due: (a) The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one (1) panel in its entirety and request that a new panel be submitted. Both the City and the Union shall have the right to alternately strike being determined by the flip of a coin. The person remaining shall be the arbitrator. (b) The arbitrator shall be notified jointly by the parties of their selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. (c) The City and the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. (d) The arbitrator shall submit the arbitrator's decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. (e) More than one (1) grievance may be submitted to the same arbitrator only if both parties mutually agree to do so in writing. The fees and expenses of the arbitrator and the cost of a court reporter and a written transcript, if any, shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Section 9.4: Limitations on Authority of Arbitrator The arbitrator shall have no right to amend, modify, and nullify, ignore, add to, or subtract from the provisions of this Labor Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Labor Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws or court decisions, or rules and regulations of administrative bodies that have the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award of the arbitrator rendered within the limitations of this Section 9.4 shall be final and binding upon the City, Union and the employees covered by this Labor Agreement. 16 Section 9.5: Time Limit for Filing No grievance shall be entertained or processed unless it is submitted at Step I within seven (7) calendar days after the occurrence of the event first giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. If a grievance is not presented by the employee within the time limits set forth above, it shall be considered "waived" and cannot be pursued further. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's last written answer. If the City does not hold a meeting or answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee may elect to treat the grievance as denied at that step and immediately appeal the grievance as denied at that step and immediately appeal the grievance to the next step. The parties may by mutual agreement in writing extend any of the time limits set forth in this Article. Section 9.6: Union Grievances If a grievance alleges a violation, misinterpretation, or misapplication of the specific terms of this Labor Agreement that relate directly to Union rights (e.g., dues check -off, labor-management meetings, bulletin boards) or, if a grievance arises out of the same facts and alleges the same violation, misinterpretation, or misapplication of the specific terms of this Labor Agreement as to a class of two (2) of more employees, the Union, acting through a designated Union official, shall have the right to submit a grievance at the Second Step of the grievance procedure. If the Division Commander and the designated Union Official agree that the grievance cannot properly be resolved by the Divisional Commander, the grievance shall be immediately advanced to the Third Step of the grievance procedure. Any such grievance must be submitted within seven (7) calendar days after the first event giving rise to the grievance or within seven (7) calendar days after the Union, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. Section 9.7: Miscellaneous No member of any bargaining unit shall have any authority to respond to a grievance being processed in accordance with the grievance procedure set forth in this Article. Moreover, no action, statement, agreement, settlement, or representation made by any member of any bargaining unit or other City employee represented by any Union shall impose any obligation or duty or be considered to be authorized by or binding upon the City has agreed thereto in writing. ARTICLE 10 NO STRIKE -NO LOCKOUT Section 10.1: No Strike Commitment The Labor Organization and the members of the bargaining unit covered by this Labor Agreement recognize and agree that the rendering of police services to the City and cooperation and support to surrounding police jurisdictions, cannot, under any circumstances or conditions be withheld, interrupted, or discontinued, and that to do so will endanger the health, safety, and inhabitants thereof. Section 10.2: Strikes Prohibited Neither the Union nor any of its officers or agents, nor any employees covered by this Labor Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any strike, 17 sympathy strike, or any other intentional interruption or disruption of the operations of the City, and no employee covered by this Labor Agreement shall refuse, while on duty, to cross any picket line, wherever established. Section 10.3: Job Actions Prohibited Neither the Union nor any of its officers or agents, nor any employees covered by this Labor Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any boycott, secondary boycott, residential hand billing, work slowdown, speed-up, sit-down, concerted application of unauthorized or abnormal or unapproved enforcement procedures or policies, concerted disobedience of lawful orders of a superior, concerted stoppage of work, concerted refusal to perform overtime, deliberate absenteeism, picketing of any kind or any other intentional interruption or disruption of the operations of the City. Section 10.4: Violations of This Article Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City, and the only issue that may be used in any proceeding in which such discipline or discharge is challenged is whether or not the employee actually engaged in such prohibited conduct. Such discipline may include any, some or all of the employees involved. The failure to confer a penalty in any instance is not a waiver of such right in any instance nor is it a precedent. Any disciplinary action taken by the City for employee activities prohibited by this Section shall not be considered a violation of this Labor Agreement and shall not be subject to the grievance and arbitration procedures of this Labor Agreement. Section 10.5: Illinois Fraternal Order of Police, Labor Council Notification of Employees The Illinois Fraternal Order of Police, Labor Council agrees to notify all Union Officials mid agents of their obligations and responsibility for maintaining compliance with this Section, including their responsibility to abide by the provisions of this Section by remaining at work (that is, those who are employees of the City) during any interruption as outlined above. In addition, in the event of a violation of this Section of this Article, the Illinois Fraternal Order of Police, Labor Council agrees to inform its members of their obligations under this Labor Agreement and to encourage and direct them to return to work by all means available under its Constitution, By - Laws, or otherwise. Section 10.6: No Lockout The City will not lock out any employees during the term of this Labor Agreement as a result of an actual or anticipated labor dispute with the Union so long as there is good faith compliance by the Illinois Fraternal Order of Police, Labor Council with this Article. Section 10.7: Judicial Relief Nothing contained herein shall preclude the Employer from obtaining a temporary restraining order, damages and other judicial relief as determined appropriate by the Court in the event the Illinois Fraternal Order of Police, Labor Council or any employees covered by this Labor Agreement violate this Article. It] ARTICLE 11 HOLIDAYS AND PERSONAL BUSINESS LEAVE Section 11.1: Holidays The following are recognized as holidays for eligible employees: New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Friday after Thanksgiving Veteran's Day Christmas Eve (one-half 1/2 day) Christmas Day The City agrees to allow bargaining unit employees to use accrued holiday pay as paid time off in lieu of cash payment as provided in Section 11.2 herein. Holiday pay shall accrue to an employee's credit on the actual holiday itself. Employees may use accrued holiday pay as paid time off by requesting same in writing subject to the approval of the Chief of Police or Chiefs designee, such approval not to be unreasonably withheld. Section 11.2: Eligibility Requirements Employees shall work all holidays when scheduled as part of their normal Departmental work schedule. To be eligible to receive holiday pay or "paid time off' in recognition of a holiday, an employee must work the full scheduled day before and after the holiday, when scheduled as part of their normal department work schedule. The Chief shall permit an employee who was ill to verify the officer's illness so as to qualify for holiday pay by submitting to the Chief of Police or Chief s designee a medical certification verifying the employee's illness. A medical certification is acceptable as provided by a physician or physician's assistant or nurse practitioner. Section 11.3: Holiday Pay Employees who satisfy the eligibility requirements of Section 11.2 shall receive either "holiday time off' or "holiday pay" equivalent to the holidays for which the officer becomes eligible. Employees wishing to take holiday time off in lieu of the holiday pay may request the holiday time off as if it were personal business leave with the exception that such time must be requested in increments of no less than one half (1/2) of a regularly scheduled shift or four (4) hours, whichever is less. In no event may an employee take holiday time off without having first become eligible for the holiday. Holiday time must be used or paid prior to the end of the calendar year in which it is earned. December holidays shall not be eligible to be taken as holiday time off. Employees choosing to receive holiday pay and those employees who have failed to take accrued holiday time off by November 30th shall be paid in a lump sum on the first full pay period during the month of December, at a rate equivalent to a regular day's pay (at the employees straight time rate) for each of the nine and one half (9.5) holidays in the calendar year for which the employee satisfied the eligibility requirements and which the employee has not taken in the form of paid leave as set forth in section 11.1 herein. Payment of holiday pay shall include prospective pay for any holidays in December of said calendar year. In the event an officer becomes ineligible for a paid December holiday after the officer has been compensated for it, the City may deduct from the officer's paycheck an amount equivalent to the pay provided for the holiday. Memorial Day, Thanksgiving Day, Christmas Day, Independence Day and Labor Day shall be considered priority holidays and any employee who works on a priority holiday will receive one and one-half (1 '/2) times their regular pay for all hours worked. 19 When priority holidays fall on a Monday — Friday, Investigations Unit will be closed. Members of the Investigations Unit with the title of Detective will be given those days off with pay at their regular rate of pay. As a result, the members of the Investigations Unit are not eligible for priority holiday pay. Section 11.4: Personal Business Leave With prior approval of the Police Chief, employees may request to use up to thirty-two (32) hours, four (4) days per calendar year to attend to personal business. Newly hired regular full-time employees will receive the following number of personal business leave days in their first calendar year: Hiring Date Prior to April 1 Between April 1 and June 30 Between July 1 and October 31 November 1 or later Personal Business Leave Days 4 3 2 Personal business leave may be used in increments no smaller than one-half (1/2) of a regularly scheduled shift or four (4) hours, whichever is less. In no event shall personal leave be converted to cash compensation or carried over into subsequent years. Personal business leave requests shall be made no later than twenty-four (24) hours in advance of the desired time off. The Chief may approve or deny such requests; such approval shall not be unreasonably denied. Under no circumstances will such requests be approved if, at the time of the request, the absence, in the Chief s judgment, would cause another employee to be held over or called back to work. ARTICLE 12 VACATIONS Section 12.1: Eligibility and Allowances Every employee shall be eligible to take paid vacation time after the completion of one (1) year of continuous full time employment with the City in a position covered by this Labor Agreement. Employees shall start to earn vacation allowance as of their date of hire. Vacation allowances shall be earned monthly, based on the following schedule: Length of completed continuous service After One (1) year of service Six (6) — Twelve (12) Years Thirteen (13) — Nineteen (19) Years Twenty (20) Years Number of work days per calendar year Ten (10) working days Fifteen (15) working days Twenty (20) working days Twenty-five (25) working days Employees shall earn vacation allowances for any month in which they receive compensation for more than one hundred twenty (120) "hours of work". Up to six (6) days may be carried over to the following year, but must be used in the next twelve (12) months. 0111 For purposes of this Section only, actual work time plus paid vacations and personal days and compensatory hours shall be considered "hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work". Vacation time may be used in increments of no less than one half (1/2) of a regularly scheduled shift or four (4) hours, whichever is less. Section 12.2: Vacation Pay The rate of vacation pay shall be the employee's regular straight time rate of pay in effect for the employee's regular job assignment. Section 12.3: Scheduling and Accrual Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation time on an annual basis. Following the seniority shift bidding procedure as set forth in Section 6.10 herein, the Employer shall conduct vacation bids between November 1 st and November 30th of each year for vacation days to be used during the subsequent calendar year. Step 1 On or before November 1, the Police Chief or Chiefs designee shall post a schedule of days available for vacation use during the upcoming calendar year. The days available for use shall not include the week of "Fiesta Days", and such other days as designated by the Chief of Police in his discretion, such discretion not to be unreasonably applied. The bargaining unit employees with three (3) or more years of seniority as of October 1 st shall then select their vacation preferences in the order of their seniority within their assignment of patrol division, detective division, and special programs, on their respective shift, with the most senior employee on the shift having first choice, the next most senior employee on the shift having second choice, and so on. A bargaining unit employee who does not select vacation time within three (3) working days may choose vacation time anytime thereafter, subject to availability. Bargaining unit employees may make an initial first choice vacation selection of no more than two (2) calendar weeks (to be taken in amounts of no less than one (1) week), consecutively or separately, if eligible, during the initial sign up. For this section only, "Calendar week" means anywhere from one (1) day to six (6) days. After the initial vacation bidding has occurred, the Employer shall create a unit wide vacation schedule indicating all vacations scheduled in the initial bid for all shifts. Step 2 After bargaining unit members with three (3) or more years of seniority have chosen their initial vacations, bargaining unit members with less than three (3) years of seniority shall then select their vacation preferences in the order of their seniority from the unit wide vacation schedule, with the most senior of said employees having first choice, the next most senior employee having second choice, and so on. Bargaining unit members with less than three (3) years of seniority must choose their vacations from the eligible days remaining on the shift corresponding to their assigned shift starting time in accordance with their quarterly rotations; (i.e. bargaining unit members bidding for vacation time during their rotation on midnight's must choose from the days available on the midnight shift). Step 3 After bargaining unit members with less than three (3) years of seniority have chosen their vacations, bargaining unit members with three (3) or more years of seniority may choose to select their remaining vacations from the vacation schedule for their designated shift, again in order of descending seniority. 21 Only one (1) bargaining unit member for the patrol division, detective division, and special programs, shall be permitted to schedule vacation for any given week during the initial bid. The vacation periods selected pursuant to this procedure shall be submitted to the Police Chief or Chiefs designee for approval no later than November 30 each year. Thereafter, the Police Chief or Chief s designee shall review the requests and post a vacation schedule on or before December 25. After the vacation schedule has been posted, employees can trade, schedule or reschedule vacation days only with the approval of the Police Chief or Chiefs designee. Step 4 Upon the close of the initial bidding process (Step 1 through Step 3), notification will be made to bargaining unit members that the initial bidding process is over and that a six (6) day window will be established by the Chief of Police (or designee) in which officers can request the use of additional vacation time or other benefit time that has already been earned. During this six (6) day window all benefit time requests will be held for the duration of the six (6) day period and requests will then be processed in order of seniority. Time off requests made in Step 4 are subject to the approval of the Chief of Police (or designee) and must meet the 24 hour minimum notice requirement of this agreement and staffing levels established by the Chief of Police. All Other Vacation Requests: After the Initial Vacation Bid (Steps 1 through 3) and Step 4 have been completed, any remaining vacation requests shall be reviewed and approved/denied on a first -come, first -served basis. All other earned benefit time requests shall be made in accordance with the section of this agreement that covers the specified benefit time. Vacation allowances are earned on a calendar year basis with the following exceptions. First, new hires will not receive vacation time until the anniversary of their first year of employment upon which they will receive ten (10) shifts of vacation time (subject to the requirements of Section 12.1) which must be used prior to the end of the calendar year (or except as provided in Section 12.1). Beginning the following January 1 and every January 1 thereafter, such employees will receive the vacation time they accrued during the prior calendar year for use in the calendar year in which they are given. Second, on an employee's anniversary date of employment in a year (after the officer's first) in which the officer becomes eligible to earn additional vacation time (the employee's sixth, thirteenth and twentieth anniversaries), the employee will receive the additional time on the officer's anniversary for use during the remainder of the calendar year. On the following January 1, the employee will receive the vacation time the officer accrued during the prior calendar year based upon the new rate of vacation accrual. Vacations to be scheduled and taken during a given calendar year are vacation allowances earned during the previous calendar year or provided the employee on the officer's anniversary date of employment for use during the remainder of the calendar year. All vacation days must be taken by the end of the calendar year in which they are to be scheduled, unless the Police Chief authorizes in writing such days to be carried over to the following calendar year or to be bought back, or some combination of the two, as the Chief in the Chief s discretion determines, such discretion not to be unreasonably withheld. 22 The Chief of Police or Chief s designee reserves the right to cancel any or all approved vacation leaves in advance or their being taken and/or to recall any employees from vacations in progress. Such cancellations and revocations shall not be unreasonable. ARTICLE 13 SICK LEAVE Section 13.1: Purpose and Allowance Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time -to -time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. Any employee contracting or incurring any non -service connected sickness or disability (except where the injury or illness is incurred while the employee is performing compensated service outside of the officer's employment with the City where compensation for such injury or illness is provided by the outside employer, i.e., workers' compensation, sick leave, etc.) shall receive sick leave with pay as set forth in this Article. Section 13 2: Days Earned in Accumulation Employees shall be allowed one (1) day of sick leave for each month of service (which equals a total accumulation of twelve (12) workdays per year). Sick leave shall be earned by an employee for any month in which the employee is compensated for more than eighty (80) "hours of work." For purposes of this Section only, accrued benefit days other than sick leave shall be considered "hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work." Sick leave cannot be taken before it is actually earned. Section 13.3: Notification Notification of absence due to sickness shall be given to an individual designated by the Police Chief (normally the Shift Supervisor on duty) as soon as possible on the first day of such absence and every day thereafter (unless this requirement is waived by the Chief in writing), but no later than one (1) hour before the start of the employee's work shift. Failure to properly report an illness without good cause may be considered as absence without pay and may subject the employee to discipline. Section 13.4: Medical Examination The City may, at its discretion, require an employee to submit a physician's verification of illness, and such verification normally will be required for sick leave of three (3) consecutive duty shifts or more. The City also may require a physician's verification that the employee is well enough to return to work. A medical certification is acceptable as provided by a physician, or physician's assistant or nurse practitioner. Falsification of any verification of illness shall be grounds to subject the employee to disciplinary action, which may include reimbursement by the employee to the City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee to submit to an examination by a physician or other medical professional chosen by the City; if the City requires an employee to submit to an examination by a physician designated by the City, the City will pay the medical expenses to the extent they are not covered by insurance (i.e., the employee shall not be responsible for such costs). 23 Section 13.5: Sick Leave Utilization Sick leave shall be used in no less than one (1) hour increments. Sick leave may be utilized only for the purposes specified in Section 13.1, or as identified by the Illinois Employee Sick Leave Act (Public Act 99-0841) which includes illness, injury, or medical appointment of the employee's child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. There shall be no maximum accumulation or cap on sick days for use in accordance with Section 13.1. To the extent permitted by law, employees on sick leave are required to remain at home unless hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care. The General Order 22.10 Attendance Requirement date 03-05-09 will be applicable to this Section. Section 13.6: Unused Sick Leave (a) An employee who has used less than three (3) sick days during any calendar year may elect to receive a sick leave cash payment for difference between three (3) days and the number of sick leave days actually used (three (3) days maximum). The number of days for which such employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees who elect to receive such payment for any calendar year must notify the Chief thereof by January 31 of the following year, with such payment to be made by February 28 of such following year. (b) An employee (i) who has been placed on permanent disability pension, or (ii) who has at least twelve (12) years of service on the Department as a full time employee, or (iii) has at least twelve (12) years of service on the Department as a full time employee, is eligible to retire, and who dies (in which case it will be the officer's estate which collects), is eligible to retire and who elects to retire, shall be paid for unused sick leave days at the rate of fifty percent (50%) of the officer's regular rate of pay in effect on the 1 st day of May immediately preceding the officer's last day of active work for the City for all accrued and unused sick leave time as of the officer's last day of active work for the City, up to a maximum of one -thousand 1000 hours, provided the employee has accumulated at least four -hundred (400) hours of unused sick leave. In other words, the employee retiring with at least four -hundred (400) hours of sick leave will be paid fifty percent (50%) for all sick leave hours up to one -thousand (1000) for a maximum of five -hundred (500) hours of pay. In no event shall any employee be entitled to the benefits set forth in Section 13.6(b) if the employee is discharged. ARTICLE 14 ADDITIONAL LEAVES OF ABSENCE Section 14 1: Unpaid Discretionary Leaves The City may grant leaves of absence, without pay or salary, to employees for job -related reasons (such as further training or study), which will enable employees to perform their usual and customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged illness of the employee, the officer's spouse, or the officer's child or children or childbirth). No leave, if granted, shall be for a period exceeding three hundred sixty-five (365) consecutive calendar days. The denial of discretionary leaves shall not be subject to the dispute resolution and grievance procedure of this Labor Agreement. ►E Section 14.2: Military Leave Military leave shall be granted in accordance with applicable law. Employees must apply for such leave as soon as they are aware of the need for such leave. Long -Term Military Duty An employee who enters active military service of the United States shall have re-employment rights as may be provided for under applicable federal law in effect at that time. Military Reserve Duty An employee who is an active member of any recognized state or federal military reserve organization and who is compelled to fulfill a military obligation by law or regulation, shall be entitled to an unpaid leave of absence for the duration of such required military duty, without loss of seniority. Section 14.3: Bereavement Leave In the event of the death of an immediate family member, an employee may be permitted to be absent from the officer's job for an appropriate number of days up to three (3) workdays off, following the death, with the City's approval and receive regular straight -time pay. Although the days are not consecutive, they must be used within a reasonable time frame of the family member's death and are subject to approval by the Chief of Police For purposes of this Section, immediate family shall include only the following persons related by blood, marriage or law to the employee: parents, spouse, children, siblings, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, spouse's child, spouse's grandparent, grandparents and grandchildren, step-parent and step -children. In the event of the death of an extended family member, an employee may be permitted to be absent from the officer's job for one (1) workday with the City's approval and receive regular straight -time pay. For purposes of this Section, "extended family" shall include aunts, uncles and cousins. Any absence to attend the funeral of anyone who is not a member of an employee's immediate or extended family may be arranged with the City, without pay. However, previously accrued and unused vacation leave or personal time may be utilized in such case with the consent of the City. An employee shall provide satisfactory evidence of the death and of the employee's attendance at the funeral is so requested by the City. At the City's discretion, an employee may be permitted to use accrued sick leave up to a maximum of five (5) additional days in connection with bereavement leave days to extend bereavement leave. Section 14.4: Jury Leave An employee required to report for jury duty (including service on a grand jury) shall be excused from work without loss of pay for jury duty which occurs on the employee's scheduled duty days and during the employee's scheduled duty hours. An employee shall immediately notify the Police Chief or the Chiefs designee as soon as the officer receives a notice to appear as a juror, and must provide the Police Chief or Chiefs designee with a copy of the jury summons prior to reporting for jury duty. In order for employees to receive compensation from the City for such jury duty, the employee must sign over to the City any compensation the officer receives for serving as a juror on days for which the Officer was scheduled to be on duty. 25 Section 14.5: Family and Medical Leave Act ("FMLA") Leave A leave of absence for reasons covered by the FMLA shall be granted in accordance with the City's published Family and Medical Leave Act policy attached hereto as Appendix F. Section 14.6: Application for Leave Unless otherwise required by law, any request for a leave of absence other than bereavement leave under this Article shall be submitted in writing by the employee to the City or its designee as far in advance as practicable. The request shall state the reason for the leave of absence and the approximate length of time off the employee desires. Authorization for a leave of absence, if granted, will be furnished to the employee by the City and it shall be in writing. Section 14.7: Benefits While on Unpaid Discretionary Leave (a) Unless otherwise required by law, length of service and other benefits shall not accrue for an employee who is on an approved non -pay, discretionary leave status under this Article. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Upon return from leave, the City shall place the employee in the officer's previous assignment, if vacant. If not vacant, an employee returning from leave will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. (b) If, upon the expiration of a leave of absence, there is no work available for the employee, the officer shall go directly on layoff. (c) During an approved unpaid leave of absence or layoff under this Labor Agreement, an employee shall be entitled to coverage under applicable group medical and life insurance plans to the extent provided in such plan(s), provided the employee makes arrangements for the change and arrangements to pay the entire insurance premium involved, including the amount of the premium previously paid by the City. Section 14.8: Non -Employment Elsewhere A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without prior written approval of the Chief. Employees who engage in employment elsewhere during such leave without such prior written approval may immediately be terminated by the City. Section 14.9: Family Responsibility Leave Officers shall be granted the use of accrued benefit time to receive paid maternity or paternity leaves of absence to cover periods of pregnancy and post-partum child care not exceed four (4) scheduled work days. When utilizing this benefit sick time shall apply first then all other accrued benefit time. FM ARTICLE 15 WAGES Section 15.1: Base Wages Employees covered by the Labor Agreement shall be compensated beginning with the first payroll period after the execution of this Labor Agreement in accordance with the wage schedule attached hereto and incorporated herein as Appendix A. Section 15.2 Experience Credits In the event a probationary officer is hired that has current law enforcement experience, that employee may be started at a higher step in the agreed upon wage scale at the discretion of the Chief of Police. The employee may be placed at a higher step in the wage scale for each year of experience of prior experience, up to a maximum of three (3) years. In no event will an employee that is hired with more than three (3) years of service be placed higher than what an officer is paid after three (3) years of service. The officer hired with prior experience must have been working as a full time law enforcement officer and have completed the required basic training as recognized by the Illinois Law Enforcement Training and Standards Board. This provision will have no effect on the new hire with regard to seniority and related to shift bidding, vacation, etc. Section 15.3: Tuition Reimbursement. The City shall continue to make available to employees the same opportunity to have their tuition reimbursed as it offers all City employees at the time of the execution of this Labor Agreement, except that tuition reimbursement shall be limited to three -thousand dollars ($3,000) per fiscal year. Section 15.4: Deferred Compensation Plan (457K) The City shall continue to make available to employees the same 457K Deferred Compensation Plan provided all City employees. The City reserves the right to change, alter, amend, or eliminate the plan, as it deems appropriate. Section 15.5: Investigator Stipend In recognition of their skills and the special obligations place upon them, employees assigned as full-time investigators in the investigations unit shall be paid an annual stipend of one thousand dollars ($1,000.00), payable semi-annually on May 1 and November 1 of each year. Investigator stipends shall be prorated based upon an officer's date of assignment. Section 15.6: Travel Training Reimbursement To compensate covered members for attending training classes outside of McHenry, Lake or Boone Counties, excluding firearms training, covered members shall receive one (1) hour of travel time per day at the employee's regular rate of pay not to exceed ten (10) hours in any fiscal year. ARTICLE 16 UNIFORM ALLOWANCE Section 16.1 Initial Uniform The City shall furnish initial uniforms and equipment to all probationary patrol officers at the City's expense. Initial uniforms shall consist of items listed in Appendix B and all other uniform 27 equipment normally required or provided by the City or subsequent changes required by the Chief of Police. Section 16.2 Uniform Allowances Employees may purchase approved uniform items with the uniform allowance, not to exceed six hundred dollars ($600) per fiscal year. Employees may be reimbursed for cleaning expenses from receipts submitted to the employer; such reimbursements shall be deducted from the uniform allowance of the employee. The uniform replacement allowance shall apply to civilian clothes worn by plain -clothes officers for departmental approved clothing, shoes, and related plain -clothes equipment. Reimbursement for cleaning expenses shall be deducted from the clothing allowance of the employee. Section 16.3: Safety Vest Replacement The City shall continue to replace bulletproof safety vests worn by police employees at such durations as are recommended by the manufacturer. Officers may be required to wear their body armor while on duty. Section 16.4: Return of Uniforms and Equipment Upon separation from employment by the City, employees will be responsible for the return of uniforms and equipment purchased with City funds or issued directly by the City in good condition, less normal depreciation and destruction in the course of employment. Section 16.5: Reimbursement of Uniform Cleaning Expenses The City agrees to reimburse bargaining unit members for the reasonable cost of professional cleaning of uniforms required by the City to be worn by members of the bargaining unit in the performance of their official duties. Employees shall submit receipts to the Chief of Police or Chief s designee, at quarterly increments, documenting the employee's payment of uniform cleaning charges, when requesting reimbursement. Amounts paid for reimbursement of uniform cleaning expenses shall not be limited other than by Section 16.2. In no instance shall an employee be entitled to more than six hundred dollars ($600) per fiscal year for the purchase and/or cleaning of required uniforms. If the City requires a change in uniform or equipment which results in a cost of one hundred dollars ($100) or greater to the employee, the City will credit the uniform account of the employee in the amount of the required purchase. The cost of all items associated with the City's change of duty weapon will be the responsibility of the City. ARTICLE 17 INSURANCE Section 17.1: Coverne and Cost The City shall make available to non -retired bargaining unit employees and their eligible dependents the same group health and hospitalization insurance, dental insurance, and vision insurance coverage and benefits to that in existence for other City employees prior to the signing of this Labor Agreement. The City reserves the right to change or offer alternative insurance carriers, health maintenance organizations, or benefit levels or to self -insure, so long as the new, alternative or remaining coverage's and benefit levels are substantially similar to those which they are replacing. In order to control future health and hospitalization insurance cost increases, the 04:3 City may also alter employee deductibles and/or co -pay requirements provided such changes shall likewise be applicable to all City employees. Employees may continue to elect to participate in the City's Health Care Benefits Salary Reduction plan, in which they may pay their share of insurance premiums and other out-of-pocket costs with pre-tax dollars. Section 17.2: Cost Containment The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remains substantially the same. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre -admission and continuing admission review, prohibition on weekend admissions except in emergency situations, and mandatory outpatient elective surgery for certain designated surgical procedures. Section 17.3: Life Insurance The current City coverage of thirty thousand dollars ($30,000) for life insurance for each employee covered by this Labor Agreement in effect at the time of the signing of this Labor Agreement shall continue for the life of this Labor Agreement, at no cost to the employee. Section 17.4: Terms of Insurance Policies to Govern The extent of coverage under the insurance policies (including HMO and self -insured plans) referred to in this Labor Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning an employee's claim for benefits under said insurance policies or plans shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedure set forth in this Labor Agreement. The failure of any outside insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Labor Agreement. However, nothing in this Labor Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. Section 17.5: Waiver of Insurance Any employee shall have the option to waive the right to receive medical, dental and/or vision insurance coverage under the terms of this Section. If an employee waives any such insurance coverage but thereafter chooses to reverse the officer's decision, the reinstatement of each such insurance shall be contingent upon the employee's insurability and shall also be subject to such conditions, limitations and restrictions as the City's insurers may prescribe as a consequence of the employee's prior waiver and non -coverage. 29 Section 17.6: Employee Deductible and Co -Insurance Costs The employee's premium contributions shall not exceed the monthly premium limit as listed below for the term of this Labor Agreement: 2019 Medical Insurance Health Plan Year (05-01-2019—12-31-19) 2020 Medical Insurance Health Plan Year (01-01-2020-12-31-2020) 2021 Medical Insurance Health Plan Year (01-01-2021-12-31-2021) 2022 Medical Insurance Health Plan Year (01 -01 -2022-12-31-2022) PPO Plan $113.00 $260.00 $245.00 $435.00 HSA Plan $90.00 $240.00 $233.00 $385.00 HMO $25.00 $125.00 $120.00 $210.00 Plan 30 2023 Medical Insurance Health Plan Year (01 -01 -20-23-4-30-2023) PPO Plan r, $123.00$273.00 $260.00 $457.75 HSA Plan $95.00 $250.00 $243.00 $405.00 HMO $27.50 $130.00 $125.00 $220.00 Plan Dental Insurance 5/1/2019 — 4/30/2023 ., �, �. , •� _ F"Ts x $5.001 $29.001 $30.00 $55.00 Vision Insurance 5/1/2019 — 4/30/2023 1 Employee Deductible and Co -Pay Costs During the term of this Labor Agreement, the City agrees that any such deductible and co -pay shall be the same as those costs applicable to the general, non -contract employees, but may be less per the labor negotiations. ARTICLE 18 EMPLOYEE ALCOHOL AND DRUG TESTING Section 18.1: Statement of Policy It is the policy of the City of McHenry that the public has the absolute right to expect persons employed by the City in its Police Department will be free from the effects of drugs and alcohol. The City, as the Employer, has the right to expect its employees to report for work fit and able for duty. The purposes of this policy shall be achieved in such a manner as not to violate any established rights of the employees of the Police Department. Section 18.2: Prohibitions Except as ordered to do so in the line of duty, employees shall be prohibit from: (a) Consuming, possessing or being under the influence of alcohol at any time (during the course of the work day or anywhere on any City premises, including City buildings, properties, or City owned vehicles; (b) Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place or abusing any prescription drug; (c) Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs which the employee may be taking. 31 Employee Deductible and Co -Pay Costs During the term of this Labor Agreement, the City agrees that any such deductible and co -pay shall be the same as those costs applicable to the general, non -contract employees, but may be less per the labor negotiations. ARTICLE 18 EMPLOYEE ALCOHOL AND DRUG TESTING Section 18.1: Statement of Policy It is the policy of the City of McHenry that the public has the absolute right to expect persons employed by the City in its Police Department will be free from the effects of drugs and alcohol. The City, as the Employer, has the right to expect its employees to report for work fit and able for duty. The purposes of this policy shall be achieved in such a manner as not to violate any established rights of the employees of the Police Department. Section 18.2: Prohibitions Except as ordered to do so in the line of duty, employees shall be prohibit from: (a) Consuming, possessing or being under the influence of alcohol at any time (during the course of the work day or anywhere on any City premises, including City buildings, properties, or City owned vehicles; (b) Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place or abusing any prescription drug; (c) Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs which the employee may be taking. 31 Section 18.3: Drug and Alcohol Testing Permitted The City shall have the right to require an employee to submit immediately at alcohol or drug testing on a specified situation basis (as outlined below) or if the City has reasonable suspicion to believe that (a) an employee is being affected by the use of alcohol; or (b) has abused prescription drugs; or (c) has used illegal drugs. The foregoing shall not limit the right of the City to conduct any tests it may deem appropriate for persons seeking employment prior to their date of hire. Specified situation testing may occur in the following circumstances: (a) If an employee is involved in a motor vehicle accident or otherwise damages City or personal property while in the performance of the officer's duty; (b) If an employee is injured or injures another while in the performance of the officer's duty; (c) If an employee is to be promoted to a higher paying position or recalled from layoff, or (d) If an employee has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off -duty drug or alcohol abuse. (e) Any covered member who discharges their firearm causing injury or death to a person or persons during the performance of their official duties or in the line of duty, must submit to a drug and alcohol testing as soon as reasonably possible but not later than the end of the covered member's shift or tour of duty. Section 18.4: Order to Submit to Testing At the time an employee is directed to submit to testing authorized by this Labor Agreement, the City shall provide the employee with a written notice, setting forth the objective facts and reasonable inferences drawn from those facts which have formed the basis of the City's decision to test. The employee shall be given a reasonable opportunity to consult with a Union representative at the time the notice is given. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that the officer may possess. In accordance will Illinois Public Act 100- 0389 which takes effect on August 25, 2017 and amends the Illinois Police and Community Relations Improvement Act (50 ILCS 727/1-1), employees that are required to submit to testing in accordance with Section 18.3 of this Agreement shall have no guarantee of written notice. Section 18.5: Test to be Conducted In conducting the testing authorized by this Labor Agreement, the City shall: (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Substance Abuse Management Safety & Health Administration (SAMSHA). (b) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. Ensure that the laboratory or facility selected conforms to all SAMSHA standards and provides a designated Medical Review Officer (MRO) who is certified by the State of Illinois to review drug and/or alcohol testing results. 32 No employee covered by this Labor Agreement shall be permitted at any time to become a part of such chain of custody. (c) Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test and a sufficient amount to be set aside reserved for later testing if requested by the employee. (d) Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Any employee ordered to submit to testing shall not be witnessed by anyone while submitting a sample except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent of better scientifically accurate and accepted method that provides quantitative data about the detected drug or metabolites. (f) Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense; provided the employee notifies the City within seventy-two (72) hours of receiving the results of the test and provided further that the laboratory or clinic is accredited by SAMSHA and the testing procedure, including chain -of -custody for the transfer of such sample, meets or exceeds the standards established by SAMSHA and is confirmed by a neutral third party. (g) Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City, inconsistent with the understandings expressed herein (e.g. billings for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. (h) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .02 percent or more based upon the grams of alcohol per 100 millimeters of blood shall be considered positive. (i) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results. 0) Insure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the tendency of any testing procedure, any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result, and the employee shall be fully reinstated to unrestricted duty status. This Section shall not in any way limit the City's right to take such action as it deems appropriate 33 if an employee is determined to have engaged in conduct prohibited by Section 18.2 of this Article or in conduct that is otherwise subject to discipline. Section 18.6: Disciplinary Action Use, sale, purchase, delivery or possession of illegal drugs at any time and at any place (on or off the job) while employed by the City (except when authorized in the line of duty); abuse of prescribed drugs, failure to report to the Chief any known adverse side effects of medication or prescription drugs which the employee may be taking; and consumption, possession or being under the influence of alcohol while on duty or on City premises (except when authorized in the line of duty), shall be cause for discipline, up to and including termination, subject to the Article 9 Grievance Procedure. In cases where, in the Chief or designees discretion, discipline less than discharge is determined to be appropriate, such discipline will be conditioned upon the employee: (a) agreeing to appropriate treatment as determined by the physician(s) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (c) agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to, the City Administrator and/or the Police Chief the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non -completion of treatment; (d) completing the course of treatment prescribed, including an "after -care" group for a period of up to twelve (12) months; (e) agreeing to submit to unlimited random testing during hours of work during the period of "after- care", and for a period of eighteen (18) months following the period of "after -care". Employees who do not agree to or act in accordance with the foregoing, or who test positive a second or subsequent time for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing the officer's duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at the officer's option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Section 18.7: Voluntary Request for Assistance The City shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than that the City may require reassignment of the employee with pay if the officer is unfit for duty in the officer's current assignment. The foregoing is conditioned upon the employee: 34 (a) agreeing to appropriate treatment as determined by the physician(s) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (c) agreeing to authorize persons involved in counseling, diagnosing and treatment of the employee to disclose to City personnel the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non -completion of treatment; (d) completing the course of treatment prescribed, including an "after -care" group for a period of up to twelve (12) months; and (e) agreeing to submit to unlimited random testing during hours of work during the period of "after- care", and for a period of eighteen (18) months following the period of "after -care". Employees who do not agree to or act in accordance with the foregoing, or who test positive for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing the officer's duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at the officer's option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Upon successful completion of the treatment, the employee shall be returned to the officer's position. This Article also shall not in any way limit the City's rights to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section 18.2 of this Article, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. Section 18.8: Treatment The City's obligation to provide treatment under this Labor Agreement for alcohol and substance abuse shall be limited to services provided and paid for by the City's insurance plan in which the employee is enrolled. ARTICLE 19 EMPLOYEE AND OTHER STATUTORY RIGHTS Section 19.1: Bill of Rights The City agrees that at the request of an employee, a Union representative may be present at an investigatory interrogation, undertaken during the course of a formal investigation, which the employee reasonably believes might result in disciplinary action. However, nothing in this Section is intended to modify or expand the rights available to police officers pursuant to the Uniform Peace Officers' Disciplinary Act, 50 ILCS 725/1, et seq. 35 Section 19.2: Personnel Files The City agrees to abide by the requirements of the Personnel Record Review Act, 820 ILCS 40. Section 19.3: Indemnification The City agrees to abide by all statutory requirements for indemnification of police officers. Section 19.4: Discipline As a matter of policy, the City recognizes the principles of progressive and corrective discipline, where applicable. Nothing, however, shall foreclose the City from seeking discipline commensurate with the offense. The City also acknowledges that non -probationary employees may only be disciplined for just cause. Section 19.5: Notice of Discipline Upon receiving the consent of an employee who is formally disciplined, the City shall notify the Union in writing that said employee received discipline. Section 19.6: Access to Arbitration The parties agree that an alleged violation of Section 19.1, 19.2, or 19.3 above may not be taken to arbitration under the grievance procedure. ARTICLE 20 GENERAL PROVISIONS Section 20.1: Gender Unless the context in which they are used clearly requires otherwise, words used in this Labor Agreement denoting gender shall be deemed to refer to both the masculine and feminine. Section 20.2: Ratification and Amendment This Labor Agreement shall become effective when ratified by the Union and the City Council and signed by authorized representatives thereof and may be amended or modified during its term only with mutual written consent of both parties. Section 20.3: Fitness Examinations If there is any question concerning an employee's fitness for duty, or fitness to return to duty following a layoff of leave of absence, the City may require, at its expense (to the extent not covered by insurance), that the employee have an examination by a qualified and licensed physician or other appropriate medical professional selected by the City. The City may also require any or all employees to take a complete physical exam as often as once a year. Such physical examinations shall not include employee drug or alcohol testing. Prior to requiring an employee to release the results of an examination due to a question concerning the officer's fitness for duty, as opposed to a normal examination or one scheduled due to a return from a leave of absence of layoff, the Chief shall provide the employee with written notice of the reasons for the examination. Section 20.4: Physical Fitness Requirements In order to maintain and improve efficiency in the Police Department, to best protect the public and to reduce insurance costs and risk, the City may establish reasonable physical fitness requirements for employees, which may include individualized goals and minimum fitness standards. All employees may be required to participate in any such program. Employees who fail we to meet minimum fitness standards or who fail to make a good faith effort to achieve individualized goals shall be subject to progressive discipline up to and including discharge. The City will meet with Illinois Fraternal Order of Police, Labor Council representatives in accordance with Article 4 to discuss reasonable physical fitness requirements prior to their implementation or alteration. Section 20.5: Secondary Employment All secondary employment shall comply with General Order 22.4 as it existed on Oct. 1, 2002. Section 20.6: No Smoking All employees are strongly encouraged to quit smoking. Any employees who do not quit smoking may be required by the City of department policy to confine their smoking to a designated area(s). Section 20.7: Special Assignment Employees The City retains its right to participate in any governmental or inter -governmental agency operation or task force having an independent law enforcement authority or basis of jurisdiction. Without otherwise limiting an employee's legal rights, the parties agree that any contract disputes relating to an employee's hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the Narcotics Unit or other such inter -governmental agency shall not be subject to the grievance and arbitration procedure. Any contract disputes relating to hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the City of McHenry will remain subject to the grievance and arbitration provisions of Article 9. Section 20.8: Rules and Regulations The City's existing policies, procedures, rules and regulations, as well as those of its Police Department, shall not be considered a part of this Labor Agreement. Such policies and procedures shall control unless in conflict with specific provisions of this Labor Agreement. The Union acknowledges the rights of the City to make, alter, interpret and enforce reasonable and lawful rules, orders and policies as it deems appropriate, consistent with the Management Rights Article of this Labor Agreement. Other than in an emergency situation, where the City seeks to add to, modify, alter, change, delete, or otherwise amend or supplement the existing policies, procedures, rules, regulations, orders or directives of the City or the Police Department, the City shall notify the Union in writing of the proposed change(s), at least ten (10) days prior to the effective date of the modification of said non -economic terms and conditions of employment, and shall provide a reasonable opportunity to the Union, before the proposed modifications are finalized, to meet and discuss with the City the proposed modification. Any meeting that occurs pursuant to this Section shall be in the form of a labor-management conference pursuant to Article 4 of this Labor Agreement. Section 20.9: Inoculations The City shall offer, at City expense, a Hepatitis B Virus (HBV) Inoculation Series to all employees. The City shall administer or provide a verification test of successful inoculation to any employee that receives the inoculation series, and any additional inoculations. As non - experimental inoculations become available (as approved by FDA) for additional strains of hepatitis, Human Immune Deficiency Virus (HIV) related conditions or Acquired Immune Deficiency Syndrome (AIDS) antibody positive conditions, such inoculations at City expense shall be provided to employees. 37 Section 20.10: Communicable Diseases The City and the employee shall notify each other as soon as possible if the employee, in the course of the officer's duties, has come into contact with persons found to have a contagious disease. If it is determined that the employee has come into such contact, the City shall provide any medical examination and/or diagnostic test, if necessary, to protect the safety of the employee and/or members of the officer's immediate family with whom the officer resides. Costs for treatment shall be paid for by the City to the extent they are not otherwise covered by insurance. Section 20.11: Replacement of Personal Property In the event any item of personal property specified below is lost or damaged in the course of an employee's duties while the employee is exercising due care and caution under the circumstances, the City will reimburse the employee for the repair or replacement of such item(s), provided the incident and the amount of the loss or damage is promptly reported to the Police Chief or Chief s designee. Further, the City's responsibility under this Section shall not exceed three hundred dollars ($300) per employee, per incident, and the City, in its discretion, may pay only for the functional equivalent of the personal property damaged, where the cost of the actual damaged property, although under three hundred dollars ($300), is deemed excessive by the Chief of Police. In the event that the loss or damage is determined not to be in the course of employment or is found to be due to the employee's negligence or as a result of ordinary wear, no reimbursement shall be made. The following items shall be subject to replacement or repair under the provisions of this Section: eyeglasses, prescription sunglasses, contact lens, hearing aids and watches. The City reserves the right, upon application by an employee, to replace other personal property items at the City's sole discretion. The employee shall, when applicable, pursue court -ordered restitution and such restitution will be signed over to the City, up to the amount the City paid to the employee. Section 20.12: Location of Meetings All meetings for purposes of administering or negotiating this Labor Agreement shall be held in McHenry, Illinois unless mutually agreed upon otherwise. Section 20.14: No Solicitation While the City acknowledges that the Union may be conducting solicitation of City merchants, residents or citizens, the Union agrees that none of its officers, agents or members will solicit any person or entity for contributions or donations on behalf of the City of McHenry or the McHenry Police Department. The Union agrees that the City name, badge, insignia, communication systems, supplies and materials will not be used for solicitations purposes. Solicitation by bargaining unit employees may not be done on work time or in work areas. Neither the Lodge, nor the Illinois Fraternal Order of Police, Labor Council nor its agents or representatives may use the words "McHenry Police Department" of "City of McHenry" in its name. The Union further agrees that any written or oral solicitation of McHenry residents, citizens or merchants and businesses will include the words "This solicitation is not made on behalf of, nor do receipts go to the benefit of, the McHenry Police Department of the City of McHenry." The foregoing shall not be construed as a prohibition of lawful solicitation efforts by the Lodge or Illinois Fraternal Order of Police, Labor Council directed to the general public, nor shall it limit the City's right to make public 38 comments concerning solicitation. The Union may continue to use its current stationary (displaying the City's badge) until its current supply of stationary is exhausted. ARTICLE 21 SAVINGS CLAUSE In the event any, Section or portion of this Labor Agreement should be held invalid and unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, such decision or legislation shall apply only to the specific Article, Section or portion thereof specifically specified in the board, agency or court decision or subsequent litigation, and the remaining parts or portions of this Labor Agreement shall remain in full force and effect. If there is any conflict between the provisions of this Labor Agreement and any legal obligations or affirmative action requirements imposed on the City by federal or state law, such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE 22 IMPASSE RESOLUTION Upon the expiration of this Labor Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Illinois Public Labor Relations Act, as amended, as it existed on January 1, 1986, with the following exception: The neutral interest arbitrator shall be selected in accordance with the selection procedure set forth in Section 9.3(a) of this Labor Agreement, with the proviso that the entire panel of arbitrators requested has experience in interest arbitration. ARTICLE 23 ENTIRE AGREEMENT This Labor Agreement constitutes the complete and entire agreement between the parties, and concludes collective bargaining between the parties for its term. This Labor Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated in this Labor Agreement. The parties acknowledge that during the negotiations which resulted in this Labor Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or ordinance from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Labor Agreement. The City and the Union, for the duration of this Labor Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter, whether or not referred to or covered in this Labor Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Labor Agreement. It is expressly agreed that the City may unilaterally exercise any management rights consistent with Article 3 even though the exercise of such rights may involve subjects or matters not referred to or covered in this Labor Agreement. The Union specifically waives any right it might have to impact or effects bargaining for the life of this Labor Agreement. 39 ARTICLE 24 DURATION AND TERM OF AGREEMENT This Labor Agreement shall be effective upon its ratification and shall remain in full force and effect from May 1, 2019 through April 30, 2023. It shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it desires to modify this Labor Agreement. In the event that such notice is given, negotiations shall begin no later than forty-five (45) days prior to the expiration date. Notwithstanding any provision of this Article or agreement to the contrary, this Labor Agreement shall remain in full force and effect after the expiration date and until a new Labor Agreement is reached unless either party gives at least ten (10) days' written notice to the other party of its desire to terminate this Labor Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph. Executed this day of , 2019. For the City of McHenry: For the Fraternal Order of Police, Labor Council: Wayne Jett Mayor Debra Meadows City Clerk City Seal: Date Date Brian J. Aalto Date Unit Steward Marc J. Fisher Date Unit Steward Paul R. Prather Date Unit Steward Omar Morales Date Unit Steward Joshua T. Conway Date Unit Steward Kevin S. Krug Date FOP, Labor Council Northern Field Supervisor 40 APPENDIX A WAGE TABLE 1-May-18 1-May-19 1-May-20 1-May-21 1-May-22 2.50% 2.50% 2.50% 2.50% Start $61,413.65 $62,948.99 $64,522.72 $66,135.78 $67,789.18 After 1 Year $66,185.92 $67,840.57 $69,536.58 $71,275.00 $73,056.87 After 2 Years $70,958.19 $72,732.14 $74,550.45 $76,414.21 $78,324.56 After 3 Years $75,730.46 $77,623.72 $79,564.31 $81,553.42 $83,592.26 After 4 Years $80,502.73 $82,515.30 $84,578.18 $86,692.64 $88,859.95 After 5 Years $85,275.02 $87,406.90 $89,592.07 $91,831.87 $94,127.67 After 6 Years $90,047.301 $92,298.48 $94,605.94 $96,971.09 $99,395.37 After 7 Years $94,819.56 $97,190.05 $99,619.80 $102,110.30 $104,663.05 Wage adjustments will retroactively apply to all hours worked and paid since May 1, 2019. Retroactivity will also apply to the receipt of one and one-half (1 1/2) times the regular rate of pay for hours worked on priority holidays beginning May 1, 2019. Retroactivity shall not be applicable to any other benefit enhancement resulting from this agreement including but not limited to Court and Training Time (Section 6.5), Sick Leave Utilization (Section 13.5), and Travel Training Reimbursement (Section 15.6) for this Labor Agreement only. 41 APPENDIX B REQUIRED INITIAL UNIFORM LIST DESCRIPTION QUANTITY Pull Over Sweater with Embroidery 1 6 pocket Navy Cargo Pants 4 Short Sleeve Shirt Navy 100 Dac/Poly 3 511 All Season Jacket 1 Long Sleeve Shirt Navy 100 Dac/Poly 3 Black Turtleneck with Embroidery 2 Outside Vest Carrier 1 8" Lug Sole Elimininator Boot 1 Reversible Rain Coat Black/Lime 1 Navy 5 Star Cap 1 Silver Expansion Cap Strap 1 Clear Cap Cover 1 Winter Cap 1 Tie Bendover Navy Dac/Wool 1 Tie Bar Silver Fil State 1 Silver High Gloss Nameplate 2 Silver Serving Since Tag 2 Baton with holder 1 Sam Browne Belt 2 1/4" BW 1 BW Belt Keepers 3/4" 4 BW Cuff Case 1 Handcuffs 1 BW Double Clip Pouch 1 BW Glove Pouch 1 Velcro Trouser Belt BW 1 Stinger XT Flashlight or 511 Flashlight 1 Stinger XT BW Holder w/FL or Fll Holder 1 Radio Holder B/W 1 42 APPENDIX C GRIEVANCE FORM o �> (use additional sheets where necessary)CD cto r Date Filed: o --- CD CD 0 Department: Grievant's Name: Last First M.I. STEP ONE Date of Incident or Date Knew of Facts Giving Rise to Grievance: Article(s)/Sections(s) violated: Briefly state the facts: Remedy Sought: Given To: Date: Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date STEP TWO Reasons for Advancing Grievance: 43 Given To: Date: Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date STEP THREE Reasons for Advancing Grievance: C 0 CD C CD O Given To: Date: Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date STEP FOUR Reasons for Advancing Grievance: 44 Given To: Date: Grievant's Signature FOP Representative Signature EMPLOYER'S RESPONSE Employer Representative Signature Position Person to Whom Response Given Date REFERRAL TO ARBITRATION by Illinois FOP Labor Council Person to Whom Referral Given Date FOP Labor Council Representative 45 APPENDIX D DUES AUTHORIZATION FORM ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCK TOWER DRIVE SPRINGFIELD, ILLINOIS 62704 I, , understand that under the U.S. Constitution I have a right not to belong to a Union. By my signature I hereby waive this right and opt to join the IL FOP Labor Council. I, , hereby authorize my Employer, the City of McHenry to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor Council, for expenses connected with the cost of negotiating and maintaining the collective bargaining agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may from time to time direct. In addition, I authorize my Employer to deduct from wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of its certification as exclusive bargaining representative to the date this dues deduction is implemented, in such manner as it so directs. Date: Employment Start Date: Signed: Address: City: State: Zip: Telephone: Personal Email: Employer, please remit all dues deductions to: Title: Illinois Fraternal Order of Police Labor Council Attn: Accounting 974 Clock Tower Drive Springfield, IL 62704 (217) 698-9433 Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal income tax purposes; however, they may be deductible on Schedule A of 1040 as a miscellaneous deduction. Please check with your tax preparer regarding deductibility. M. APPENDIX E — GENERAL ORDER 22.10 ATTENDANCE RQUIREMENT CITY OF McHENRY POLICE DEPARTMENT m.r-7- .L,� 333 S. Green Street, McHenry, Illinois 60050 `� ' Effective Date March 5", 2009 GENERAL ORDER General Order Number 22.10 Subject Attendance Reference Rescinds/Replaces: Last Reviewe&Revised PER 1-1, Section AR. Physical Examinations Encouraged March 241, 2009 CALEA Standards Distribution: Classification: No. Pages 33.1.2 Attendance Requirement * Master File Copy Section 3. Chapter 22 3. All Department Personnel Compensation, Benefits Jt Conditions I. PURPOSE The purpose of this order is to define provisions for employee attendance, promote positive morale and provide for the Department's ability to serve the Community to the best of its ability. II. POLICY It is the policy of the McHenry Police Department to expect their employees to attend work and to be working in a regular and predictable manner. Failing to do so may be legitimate grounds for disciplinary action up to and including termination, with or without fault. All forms of absenteeism will be classified as either scheduled or non-scheduled, or beyond the employees control. III. DEFINITIONS Abusive Use. Taking leave in a manner for which it was not intended. Employee fault may or may not be a necessary element of cause in proving this offense. Example. Using sick leave in direct proportion to the amount of time earned, or using it as soon as it is earned, or using it in a predictable pattern, is substantial evidence of abusive use. Absent Without Leave: Absence without appropriate notice for three (3) consecutive workdays is considered to be a voluntary resignation, unless the circumstances are beyond the employees control. Excessive Absenteeism: That level of non-scheduled absenteeism that exceeds the calculated work unit average by more than 20 percent of that average (see following example). This is a no-fault standard, which means that cause for taking remedial action is not conditioned on management proving the employee was at fault for the absenteeism problem. Example: The work unit's average amount of non-scheduled absenteeism is determined to be 16 hrs. for a three month reporting period. Therefore, 16 hrs. + (16 hrs. x 20%) = 19.2 hrs. Absenteeism greater than 19.2 hrs. would be considered to be excessive for that reporting period. Fraudulent Use: Misrepresenting the need for leave or claiming illness or injury under false pretense is fraud. Fraudulent use of leave privileges is theft of time and services. Fraud in any form is a dismissible offense. Employee fault is a necessary element of proof for cause to be established. Scheduled Absenteeism: Absenteeism that is prearranged with an immediate supervisor and/or manager. Examples: Military leave, Family Medical Leave, vacation, arranged use of sick leave, disability leave, jury duty. Non-scheduled absenteeism: Absenteeism that doesn't fit the definition of scheduled absenteeism. Examples: Calling in sick, leaving work with or without permission, unavailability or failure to report for emergency call out or overtime, without reasonable cause or tardiness. Work Unit. A city department in which employees are involved in a common function. 47 II. PROCEDURE A. Notification Requirements 1. Employees are required to notify their supervisor, or designated person, if they are going to be tardy or cannot report for work at the designated time or place. 2. Employees are expected to explain or verify all absences. 3. Employees must report unscheduled absences personally to a supervisor with as much advance notice as possible, but no later than one (1) hour before the start of the employee's work shift. Employees cannot rely on another person to make this report. An exception would be where an emergency has occurred and the employee cannot personally report the absence. In such case, the employee is expected to make a good faith effort, to report as soon as possible. To the extent permitted by law, employees that are on non-scheduled sick leave shall remain at their residence, unless hospitalized, visiting the doctor, or acting pursuant to reasonable instructions for care. 4. In the event an employee becomes ill while on duty or at work, he/she must notify a supervisor immediately, and unless it is an emergency, he/she shall not leave an assignment until properly relieved. 5. Employees are expected to schedule elective absenteeism in advance in order that schedule and work priorities might be adjusted accordingly. Failure to do so may result in denial of leave or pay for the period. B. Criteria for Taking Corrective Actions Regular and predictable attendance is considered to be the primary function of every employee working for the City of McHenry Police Department. Employees who cannot, or will not, fulfill their responsibilities may create cause for Management to take one or more of the following actions: a. Reassignment. b. Fitness for duty testing c. Disciplinary action d. Termination 2. Should an employee have an attendance, tardiness or absenteeism problem, Management will make a case -by case analysis to determine appropriate corrective action. Factors taken into consideration may include, but are not limited to: a. The nature and reasons for the absenteeism problem. b. The employee's work, productivity and other employment history. c. A predictable pattern of absenteeism exists in the employee's work record. d. The staffing needs of the Department. e. The economic costs to the Department. f. The employee's demonstrated ability and willingness to improve and to correct the problem. g. Supervisors have warned an employee of a problem and applied sanctions fairly and consistently. h. The length of time during which the employee had a poor attendance record. i. An employee failed to give proper notice of absence. (No later than 1-hour) j. Reasons for the employee's absences and whether absences were intermittent or extended. k. Quarterly attendance records of other similarly situated employees. 1. Discipline was consistent with the discipline given other employees in similar situations with similar work records. 3. Based on substantial evidence of misuse or abuse, the Department maintains the right to investigate an absence, including but not limited to requesting a doctor's note or contacting an employee at home during any employee's absence. M. C. Incentives As part of the City of McHenry Police Department's attendance and absenteeism control plan, incentives exist to acknowledge and reward those who maintain good attendance records. Employees may contact their supervisors about these incentives. See also, City of McHenry, Personnel Policies and Procedures, Section 26.5. For purposes here, employees who maintain good attendance records are assured that any other employee with an absenteeism problem may be barred from such things as transfer positions, merit, promotion, or advanced training until they correct their problems. Established by the (kder of Effective Date Classification: 7i 6" 9 9-jo r J March Yh, 2009 �t Chief William J. Brogan mpensation,befits & Conditions M APPENDIX F — FAMILY MEDICAL LEAVE POLICY SECTION 28 - FAMILY AND MEDICAL LEAVE ACT POLICY AND PROCEDURES 28.1 Provisions: In accordance with the Family and Medical Leave Act (FMLA),and subject to the conditions stated below, the City will grant to eligible employees up to twelve (12) weeks of job -protected unpaid family and medical leave, per twelve (12) month period, for any one or more of the following reasons: A. The birth of an employee's child, to care for such child or the placement of a child with the employee for adoption or foster care. (Leave for this reason must be taken within the twelve month period following the child's birth or placement with the employee. If both spouses work for the City, each are permitted to take only a combined total of twelve (12) weeks leave during any twelve (12) month period.) B. To care for the employee's immediate family member, if the immediate family member has a serious health condition; or C. The employee's own serious health condition that makes the employee unable to perform the essential functions of his or her position. 28.2 Definitions: "Twelve month period" means a rolling twelve (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. "Spouse" means married domestic partner. "Child" means a child under 18 years of age, or 18 years of age and older, who is incapable of self -care because of a mental or physical disability as determined by the Social Security Act and Americans with Disabilities Act (ADA) regulations. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster, or stepchild. "Parent" means the biological parent or an individual who stands or stood in loco parentis (in the place of a parent) to the employee when the employee was a child. It excludes "parents -in-law." "Immediate Family" means the employee's spouse, child, or parent. "Serious Health Condition" means an illness, injury, impairment or physical or mental condition that involves: A. Inpatient care; or B. Any period of incapacity requiring absence from work for more than three calendar days, that also involves continuing treatment by (or being under 50 the supervision of) a health care provider; or C. Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or which, if left untreated, would likely result in a period of incapacity of more than three calendar days; or D. Prenatal care from a health care provider. "Incapable of self -care" means that the individual requires active assistance or supervision to provide daily self -care in several of the activities of daily living, such as caring appropriately for one's grooming or hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones, and the like. "Health Care Provider" - means a doctor of medicine or osteopathy, or any other person determined by the Federal Government to be capable of providing health care services including podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse -practitioners, nurse -midwives authorized to practice by state law, and Christian Science practitioners. "Medical necessity" means there must be a medical need for the leave, as distinguished from voluntary treatments or procedures. 28.3 Eligible Employee: A. All Employees To be eligible for FMLA, an employee must: �. Have worked for the City at least 10 months whether consecutively or not, (meaning the employee was maintained on the payroll); and 2. Have worked at least 1250 hours during the year preceding the start of the leave. Hours worked are determined by applying the principles of the Fair Labor Standards Act (FLSA). B. Exempt Employees FLSA exempt employees who have worked for the City at least 12 months are presumed to have met the minimum service required for eligibility. 28.4 Request for Leave: A. No Need to Assert FMLA Rights 51 Employees need not expressly assert their rights under the FMLA, or even mention the FMLA when applying for leave. It is enough to state that leave is needed for one or more of the covered reasons, listed under the heading "Family and Medical Leave Provisions" above. B. Leave for Medical Condition The City may have to inquire further to determine whether the leave requested is for a serious health condition which must be supported by a Medical Certification from the health care provider. C. Planning Treatment Upon getting notice for a leave, the City may, for business reasons, require the employee to try to reschedule the treatment, so long as the treating health care provider approves the modification of the treatment schedule. 28.5 Notice Requirement: A. Foreseeable Leave. 1. Unpaid leave: An employee must give 30 days' notice if the leave is foreseeable and unpaid. The request for leave must be accompanied by the "Employee Leave Request Form" furnished by the City Administrator or his designee. If the employee fails to give 30 days' notice without having a reasonable excuse for the delay, the leave will be denied until 30 days after the employee provides the notice. 2. Paid leave: The notice period for a foreseeable paid leave is the same which the employee is required to give to use vacation, sick leave or whatever applicable paid benefit time the employee requests, and is determined either by the City Personnel Policies and Procedures, or a departmental or City-wide procedure. The substitution of paid leave for the otherwise unpaid leave provided by the FMLA is described below. B. Unforeseeable Leave 1. Unpaid leave: In unexpected or unforeseeable situations, an employee should provide as much notice as is practicable under the circumstances. It is expected that the employee would give notice within one or two business days of learning of the need for the leave, except in extraordinary circumstances. The notice shall be followed by the completed "Employee Leave Request Form." In case of a medical emergency involving either the employee's own or the immediate family member's serious health condition, the City's otherwise 52 required advance notice is unenforceable when FMLA leave is involved. 2. Paid leave: The provisions described under Section VII E I b above apply. 28.6 Medical Certification: A. Timeframe to Submit Form: For leaves (unpaid) taken because of the employee's or a covered family member's serious health condition, the employee must submit a completed "Medical Certification" form available from the City Administrator or his designee within 15 days after the City requests completion of the form, or as soon as reasonably possible. B. Subsequent Medical Opinion/Reports: The City may require a second or third opinion, at the City's expense, and periodic reports on the employee's status and intent to return to work. The employee must furnish a fitness for duty report to return from a leave taken because of the employee's own serious health condition. 28.7 Intermittent or Reduced Leave: A. Serious Health Condition: If it is medically necessary, leave may be taken intermittently (a few days/hours at a time), or on a reduced leave schedule to care for an immediate family member with a serious health condition, or because of the employee's own serious health condition. 1. Medical Necessity: The treatment regimen and other information given on the "Medical Certification" form is enough to certify the medical necessity of intermittent or reduced leave. However, the employee must schedule such leave so as not to disrupt the City's operations. Upon request, the employee shall provide the City with the reasons why the intermittent/reduced leave schedule is necessary, and furnish a schedule of the treatment. The City and the employee will work out a mutually agreeable schedule, subject to the approval of the health care provider. 2. Temporary Transfer: The employee may be required to transfer temporarily to a position with equivalent pay and benefits that better accommodates recurring periods of leave, when the leave is planned for scheduled medical treatment. B. Department's Consent: A leave taken intermittently or on a reduced leave schedule for the birth of the employee's child, or the child's placement with the employee for adoption or foster care, requires the department's consent. C. Part-time/Variable Hours Employees: For part-time employees and those working variable hours, the FMLA leave entitlement is calculated on a pro-rata basis whereby the 12 weeks worked immediately prior to the start of the leave are used to calculate the employee's normal work week. 53 D. Exempt Employees: Exempt employees' salaries will be reduced by the hours taken as intermittent or reduced leave during the work week, without affecting their exempt status. 28.8 Substitution of Paid Leave: A. Required Substitution: Employees are required to substitute all accrued paid benefit time for any part of an FMLA leave taken for any reason except for the last five (or fewer) vacation days left during the remaining employee year, which they may retain for future use. B. Combination of Paid/Unpaid Leave: When an employee has used accrued paid benefit time for a portion of FMLA leave, the employee may request an additional period of unpaid leave for a total combined leave of 12 weeks. C. Right of Substitution: An employee has the right to substitute all of his/her accrued paid benefit time, so long as the City Personnel Policies and Procedures permit the use of paid benefit time for the type of FMLA leave requested. 28.9 Effect on Benefits: A. Group Insurance: The employee's group health insurance and life insurance plan continues under the same conditions as coverage would have been provided if the employee had continuously been employed during the leave period. B. Insurance Contributions: Employees' contributions to premiums continue at the same level as if they were actively employed. If there is a change in the employee's share of premium costs, they are notified of the change and expected to pay the premium they would have paid had they not been on leave. Paid leave: Employees who are on paid leave will have their premium payments withheld through payroll deduction. 2. Unpaid leave: Employees who are on unpaid leave will be advised in writing at the beginning of the leave period of the amount, method and due date of their premium payments. Late payment: If an employee's premium payment is more than thirty (30) days late, the City may terminate the health coverage. However, the coverage will be restored immediately upon the employee's return from leave. 4. Reimbursement: If the City pays the employee's share of the premium which the employee missed during the leave, the City may require reimbursement from the employee upon return from leave. The employee 54 will be required to sign a written statement at the beginning of the leave authorizing payroll deductions for delinquent payments. 5. Employee does not return from leave: If the employee fails to return from leave for reasons other than the continuation of the employee's serious health condition, or the serious health condition of a covered family member, or circumstances beyond the employee's control, or the employee returns to work for less than 30 days, the City may seek reimbursement for the employer's share of the premiums paid on behalf of the employee during the period of the leave. C. Other Benefits: An employee is not entitled to seniority or benefit accrual during periods of unpaid leave, unless otherwise stated in the City Personnel Policies and Procedures or law. However, the employee will not lose any benefit accrued prior to the leave. 28.10 Job Protection: A. Same or Equivalent Position: If employees return from leave by the end of twelve (12) weeks, or before, they are reinstated to the former position or an equivalent one, with equivalent pay, benefits, status, authority, and other conditions of employment as they held before going on leave. B. Restoration Rights: The restoration rights of an employee returning from FMLA leave are the same as they would have been had the employee continued to work. Therefore, had the employee's position been eliminated, or the employee been terminated while actively at work, there is no right to be reinstated upon return from leave. C. Late Return: If the employee fails to return by the end of twelve (12) weeks, reinstatement to the same or similar position occurs only if it is available. Otherwise, the employee's employment may be terminated. D. Key Employee: An exception to reinstatement may also be made in the case of a "key employee," even if the "key employee" returns timely from leave. A "key employee" is among the 10% highest paid City employees. "Key employees" will be notified of their status in writing when they request FMLA leave and informed as to whether there is a possibility that reinstatement will be denied after leave. Restoration may be denied if it causes substantial and grievous economic injury as defined by FMLA regulations. 55 APPENDIX G — GENERAL ORDER 22.4 SECONDARY EMPLOYMENT CITY OF McHENRY POLICE DEPARTMENT Effective Date ��`. General Order Number October 21, 2002 22.4 . �_..�., Subject Secondary/Extra-Duty Employment Reference Rescinds/Replaces: Last Reviewed/Revised: McHenry Personnel Policies & Procedures, Section 15, 15.1 J. General Order 22.3 January 25, 2005 City of McHenry Collective Bargaining, Article XIX, Section 19.5 Secondary Employment CALEA Standard/s Distribution: Chapter 3 No. Pages 22.3.3 Off -Duty Employment Master File Copy Personnel Structure 3 22.3.4 Extra -Duty Em to ment All Department Personnel Tab 4 PURPOSE The McHenry Police Department recognizes the desire by employees to maintain outside interests and seek part-time employment opportunities separate from their full time employment with the department. The purpose of this directive is to ensure that although employees may elect to participate in secondary or extra duty employment opportunities, it is important that they are fit for duty when reporting for their tour of duty at the department. This policy covers both sworn and non -sworn personnel. POLICY It is in the Department's interest to ensure that employees do not participate in secondary employment that would constitute a conflict of interest, infringe on the employee's ability to do his job or would tend to bring discredit to the Department. Employees engaging in Secondary Employment must reasonably be available to report for duty on short notice when ordered in to work. III. DEFINITIONS Employment: The provision of a service, whether or not in exchange for a fee or other service including self-employment. This includes any employment in which another may financially benefit from the employee's work. Employment does not include volunteer charity work. Secondary Employment. Any outside employment, which is off duty, wherein the use of law enforcement power is not anticipated. Extra -Duty Employment. Any secondary employment that is conditioned on the actual or potential use of law enforcement powers by the off -duty employee. Employee: All full-time police personnel whether sworn or civilian who are employed by the City of McHenry IV. PROCEDURES A. General Provisions of Secondary and Extra -Duty Employment (Calea 22.3.4 a, c, d) 1. All off -duty or Secondary and Extra Duty Employment will be approved in accordance with the City of McHenry Personnel Policy Manual, this Policy and the Police Officers Collective Bargaining Agreement. 2. Prior to engaging in Secondary or Extra Duty Employment employees will submit through the chain of command, a "Secondary Employment -Request for Approval Form" (Sample Attached). 3. Upon review this form shall be returned with approval or denial of request within ten (10) days after submission. 4. All approved requests are subject to periodic review and reconsideration for approval by the Chief of Police. Employees shall communicate in writing any changes in the conditions of Secondary or Extra -Duty Employment that were previously approved by the department. 5. The Chief of Police or his designee will be the point of coordination and administration within the agency to ensure compliance with this policy. 6. The Chief of Police or his designee will monitor secondary and extra duty employment of agency personnel. The Chief of Police may revoke the approval of personnel to work certain secondary employment if it appears that the employment violates any provisions of the law, of this policy, of the City of McHenry's Personnel Manual or of other provisions of this manual. 7. Court appearances required as a result of Secondary Employment or Extra -Duty Employment is the responsibility of the employee and shall not be attended during on -duty hours. 56 8. Officers engaged in Off Duty, Secondary Employment or Extra -Duty who use their law enforcement powers are required to notify the department in writing of the circumstances surrounding their use of these powers within 24 hours of the incident. 9. Department employees will not perform duties that are in conflict with Departmental Directives, permit or condone activity that is a violation of Federal, State or Local Statutes or give the impression that the Officer was condoning illegal or immoral activity. 10. Probationary employees, who have not entered the solo step of their probationary period, shall not be eligible to engage in secondary employment. B. Specific Provisions Secondary Employment (Calea 22.3.3) 1. Secondary employment shall not conflict with regularly scheduled duty hours. 2. McHenry Police Officers working any authorized secondary employment will be allowed to work up to a maximum of thirty (30) hours per week or a total of 70 hours in combination with regular duty in a single week. The week is considered as covering the period from 0001 hours Sunday morning to 2400 hours the following Saturday night. There are no restrictions placed on regular days off, holidays or vacation days. 3. No employee shall solicit any person, business or other entity for secondary employment while on duty, or while acting as a McHenry Police Department employee. 4. Employees will not wear any garments that identify them as McHenry Police Officers while performing Secondary Employment. 5. Employees will not access, disseminate information from, or perform inquiries of any law enforcement data system in the performance of any secondary employment. 6. Employees will not identify themselves as a McHenry Police Officer unless required in the process of placing an individual under arrest. 7. Employees shall not utilize City of McHenry uniforms, weapons or any other equipment in the pursuit of Secondary Employment. C. Specific Provisions Extra -Duty Employment (Calea 22.3.4, a., b., c., d., e.) 1. Officers will not wear garments that identify them as McHenry Police Officers while performing Extra -Duty Employment without expressed written permission from the Chief of Police. 2. All City and Department policies, procedures, rules and regulations apply to the behavior and activities of officers during extra -duty employment. 3. Officers will not utilize City of McHenry uniforms, weapons or equipment in the pursuit of Extra -Duty Employment unless authorized by the Chief of Police or his designee. a. Exceptions to this provision may be made for a Department authorized detail of McHenry School District 15 or 156 or another governmental entity. 4. Officers who are engaged in Extra -Duty Employment within the corporate limits of the City of McHenry or authorized region shall notify the on -duty Shift Commander and Communications prior to reporting for duty. 5. Communications equipment shall be utilized to keep the officer in continuous contact with the Communications Center while working within McHenry County. 6. If time allows, it is strongly recommended that an officer engaged in extra -duty employment contact the department or law enforcement agency with jurisdiction over the area where they are employed prior to placing an individual under arrest. If time does not permit, said notification will be made as soon as possible after the arrested individual is secured. 7. McHenry Police Officers working any authorized secondary employment will be allowed to work up to a maximum of thirty (30) hours per week or a total of 70 hours in combination with regular duty in a single week. The week is considered as covering the period from 0001 hours Sunday morning to 2400 hours the following Saturday night. There are no restrictions placed on regular days off, holidays or vacation days. 8. Sworn Employees may engage in employment as a "Peace Officer" as defined in the Criminal Code of 1961, 720 ILCS 5/2-13 for a governmental entity other than the City of McHenry under the terms of this order. Officers who elect to engage in such employment shall not utilize City of McHenry Uniforms, weapons or equipment. 9. Court appearances required as a result of Extra -Duty Employment is the responsibility of the employee and shall not be attended during on -duty hours. Established by the Order of. City Council Review Effective Date Chapter 3 7.�. � &0. " ,�, October 7, 2002 October 21, 2002 Personnel Structure Chief Thomas J. O'Meara Tab 4 57 Sample of Off -Duty Employment -REQUEST FOR APPROVAL ATTACHMENT A 22.3.3 City of McHenry Police Department Off -Duty Employment — Request for Approval To: Chief of Police From: Date of Request: Prospective Secondary Employer/Company Name: Address: City: State: Prospective Immediate Supervisor: Telephone: Anticipated Starting Date: Anticipated total work hours per week: (Maximum recommended for sworn officers per regulation is 20 hours per week.) Description of work to be performed: 1. I have reviewed General Order 22.3.3, Secondary Employment and Extra Duty Employment and agree to conform to the provisions of this order. 2. I am aware that if my off -duty employment is situated outside the corporate limits of the City of McHenry, I will not represent myself as a McHenry police officer during the performance of my duties. In addition, I accept the condition that I am not to use city equipment nor utilize the facilities of our Records Section in connection with my prospective off -duty employment. Date: Signature of Employee Do not write below this line. To: From: Date: Request is: ❑ Approved ❑ Denied Comment: This request must be received in the Chief's office prior to starting date. Original Copy to Personnel File, one copy to Chief s office file and one copy returned to submitting employee. 58 APPENDIX H MCHENRY POLICE DEPT PATROL OFFICER -- SENIORITY LIST 1. Anthony P. Mucciante #1056 03/28/1997 2. John R. Adams #1062 06/14/1999 3. Jill A. Foley #1066 10/O1/1999 4. Robert J. Roske #1067 10/01/1999 5. Brian J. Aalto #1073 01/05/2001 6. Marc J. Fisher #1074 01/05/2001 7. Lawrence L. Popp #1027 07/02/2001 8. Richard A. Rewiako #1031 07/02/2001 9. Jason C. Ducak #1075 01/04/2002 10. Michael E. Spohn #1076 01/04/2002 11.Omar Morales #1077 04/12/2002 12. Ryan W. Pardue #1078 04/12/2002 13. Adriana Birk #1086 08/16/2004 14. James A. Harris #1087 08/16/2004 15. Paul R. Prather #1089 04/24/2006 16. Patrick A. Polidori #1094 05/09/2007 17. Matthew E. Schmitt #1097 12/12/2007 18. Jaimie L. Prather #1098 09/14/2009 19. Robert R. Beaudoin #1102 10/20/2009 20. Robert J. Klasek #1103 02/08/2010 21. Matthew J. Voelker #1104 09/07/2010 22. Christina K. Noyes #1105 01/05/2011 23. Jack D. Zumwalt #1106 09/26/2011 24. Sean A. Klechak #1108 09/23/2013 25. Joseph G. Lazicki #1109 09/23/2013 26. Joshua T. Conway #1111 06/30/2014 27. Samuel M. Shafer #1112 09/22/2014 28. Brett D. Kinney #1113 07/16/2015 29. Ryan M. Ehardt #1114 09/21/2015 30. Dinka Malik #1115 06/20/2016 31. Eve J. Kulcsar #1116 06/20/2016 32. Bryan M. Wegner #1117 07/15/2016 33. Katelyn M. Lorenz #1118 01/25/2017 34. Roger J. Hendrickson #1120 12/04/2017 35. Peter M. Mader #1121 05/14/2018 36. Luis J. Pena #1122 06/22/2018 37. Megan D. Carey #1123 09/12/2018 02/04/2019 59 Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation FOR: March 4, 2019 Regular City Council Meeting RE: Farm Lease Agreements ATT: Lease Agreement w/James Finch (former Levy Property) Lease Agreement w/ Bauer Family (Petersen Farm) Agenda Item Summary: The purpose for this agenda item is for Council to consider recommendations to renew two tenant farm lease agreements for properties owned by the City of McHenry. The term for each lease is one-year, commencing on March 4, 2019 through February 29, 2020. Staff proposes no increase of rent this year as corn and bean yields have declined. Finch Lease (Levy Property). The City has leased the former Levy property located off Curran Road to James Finch since 2003. Attached is a lease agreement with Mr. Finch to farm approximately 24.5 acres. This property's current lease rate is $123 per acre, for a total of $3,014 for the term of the lease. Bauer Family Lease. Attached is a lease agreement to farm approximately 64-acres with Kevin Bauer and his mother Georgia Bauer. The City first leased this property to the Bauer Family in 2015. This property's current lease rate is $182 per acre, for an annual payment of $11,648. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to authorize the execution of the farm leases as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in a customer -oriented, efficient, and fiscally responsible manner. M L FINCH LEASE AGREEMENT This Lease Agreement, made and entered into this 4' day of March 2019, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois hereinafter referred to as "Lessor," and James P. Finch, 4818 Inmans Way, Ringwood, Illinois hereinafter referred to as "Lessee." RECITALS WHEREAS, Lessor is the legal owner of the following described real estate: approximately 24.5 acres located in the NE %4 of the NW `/4 of Section 33, McHenry Township (T.45N.-R.8E.), (PIN 09-33- 100-003) located in the County of McHenry, State of Illinois, and more fully described in the attached Exhibit A (the "Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on the 41 day of March 2019, and end on the 29t'' day of February 2020. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $123 per acre for a total of $3,014, payable on November 1, 2019. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 5. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 6. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 7. Lessee agrees _ to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 8. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup however Lessee shall reimburse Lessor for any costs incurred in the cleanup process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supersedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney fees, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement 2 (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: James P. Finch 4818 Inmans Way Ringwood, IL 60072 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor THE CITY OF MCHENRY Wayne Jett, Mayor Lessee JAMES P. FINCH James P. Finch BAUER LEASE AGREEMENT This Lease Agreement made and entered into this 4' day of March 2019, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois ("Lessor"), and Kevin E. Bauer, 4803 Barnard Mill Road and Steven R. Bauer ("Lessees"). RECITALS WHEREAS, Lessor is the legal owner of the land, being a portion of the Petersen Farm in McHenry, Illinois, for farming purposes only containing approximately 64 acres as described in the attached site plan, Exhibit A (the "Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on March 4, 2019 and end on February 29, 2020. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor Rent in the amount of $182 per acre for a total of $11,648, payable on November 1, 2019. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney's fee's, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the 2 Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Kevin E. Bauer Steven R. Bauer 4803 Barnard Mill Road Ringwood, Illinois 60072 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor: THE CITY OF MCHENRY Wayne Jett, Mayor Lessee: By: Kevin E. Bauer By: Steven R. Bauer McHenrl% a ITJ�i� F to, twit'-lrr*?4.P" t.4CMk'- Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: March 4, 2019 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. FOR COUNCIL MEETING ON MARCH 4, 2019 Shelter Rental Alcohol Permits These are alcohol permit requests associated with shelter rentals Date Applicant Address Park Purpose 06/23/19 Mary Kiefer 3112 Turnberry Dr Vets Family Picnic 07/27/19 Susan Morningstar 1310 Hilltop Blvd PP B Family Reunion 08/25/19 Annette Coughlin 1711 Ballina Ln Vets Family Picnic 08/28/19 Jenna Johnson 1939 Orleans St PP C Wedding Special Use Permits These are special use permit requests associated with shelter rentals Date Applicant Address Park Special Use 08/03/19 Bicycle Illinois PO Box 8454 Whisp Oaks Bike Ride/Rest Stop 08/28/19 Jenna Johnson 1939 Orleans St PP C Tent, DJ, Chairs Recreation Center Room Rental Alcohol Permits These are alcohol permit requests associated with Recreation Center room rentals or programs. Date Applicant Address Rec Center Purpose 04/27/19 Liz Sherwood 1703 Meadow Ln Room A-C Celebration of Life 04/28/19 Sarah Kanzler 30846 N Hwy 12/Volo Room A Baby Shower 06/08/19 Charlotte Wright 4510 W. Shore Dr Room A Bridal Shower McHenry Parks & Recreation McHShelter, Alcohol & Special Use Permit Application enry Application Date: 1 ' Z'4 - / 9 Rental Date:-- tAi l e- 23, 2019 Rental Time: 1 1• Uy 4: 0 n Name of Applicant: Ma r �/ J . % I. 'Cf er Date of Birth: 10 S - I ` applicabley En I (y -P cr\ w c Address: _City/State/Zlp: ML Home Phone:__-5 3 953 % vr,-Q Personal Email:- MCaY- I can .+_l V'U ryxi IN/ C %GYi �GAttendance: 0 0 List all activities to be held:�,_� SHELTER: o Knox Shelter A ❑ Petersen Shelter A a Petersen Shelter C ❑ Knox Shelter 8 a Petersen Shelter 8 ❑ Veterans Gazebo WEDDING: o Rails removed at Veterans Memorial Park ($25 fee) BEEKIWINE: (at least 4 weeks notice needed) A(Veterans Shelter ❑ Other Type of Alcohol to be Served: o None o Wine 14eer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles * Beer Cases # Beer Kegs:k SPECIAL USE: (at least 4 weeks notice needed) - Equipment provided by renter o Tent a Bounce House Location: Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses o Tables # o Chairs # o Benches # a Wedding Arch ❑ Performer a Music: a DJ ❑ Band ❑ Carnival Rides o Animals o Catered Pig Roast ❑ Other OTHER: Groups ove DAMAGE DEP: Credit Card Signature:_ Approval will be based or required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 1 agree all alcohol containers will be removed by applicant or placed In proper containers on site on the rental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property wider this permit. I agree that none of the alcohol allowed In City of McHenry property, pursuant to this application will be sold, It being understood that the sale of alcohol under this permit issued pursuant to this application Is expressly prohibited. I also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liability of Injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for arty and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or Is caused by participant In said activity. All persons agree to comply with the City of McHenry Municipal Code and all Parks ale Recreation regulations. I have read and fully understand the McHenry Recreation Shelter Guidelines. Signature: Date:_._ _. ___ I I Z 4 - i McHenry Parks & Recreation H M4t Shelter, Alcohol & Special Use Permit Application cenryIYrk.1 are./,w ay.,..sr ApplIcation Date: Rental Date:_..,__ � 01 � � � � / Rental Time: TO Name of Applicant: S Vl gal'-' r�.-t r� Y (-cam Date of Birth: - Group/Organization (if applicable): Address: 1' 3 / d 1-I I I >� ct I 'V Q- City/State/Zlp:' C egkry-' Y - - 1• � �� Nome Phone: _ Personal Email:�- EventTitle/Activity: tv". Attendance: '� o List all activities to be held: gdl Co��c1� SI*LTER: o Knox Shelter A ❑ Petersen Shelter A ❑ Knox Shelter B *etersen Shelter B o Petersen Shelter C o Veterans Gazebo WEDDING: ❑ Rails removed at Veterans Memorial Park ($25 fee) I/i9 ERf YWM— (at least 4 weeks notice needed) ❑ Veterans Shelter ❑ Other Type of Alcohol to be Served: o None &Wine AlBeer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles # Beer Cases # Beer Kegs # SPECIAL USE: (at least 4 weeks notice needed) - Equipment provided by renter ❑ Tent ❑ Bounce Horne Location: Applicant to cap JULIE (1-800-892-0123) for staking of Tents and Bounce Houses o Tables # o Chairs If o Benches # o Wedding Arch ❑ Performer o Music: o DJ o Band o Carnival Rides o Animals ❑ Catered Pig Roast ❑ Other OTHER: Grou DAMAGE DEP: Cred Sigru Approval will be baseo on the items usteo above. Any other requests are subject to turther approval. It applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 1 agree all alcohol conta rim will be removed by applicant or placed in proper containers on site on the rental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this perndt. I agree that none of the alcohol allowed In City of McHenry property, pursuant to this application will be sold, R being understood that the sale of alcohol under this permit Issued pursuant to this application Is expressly prohibited. I also understand that not complying with the rules will result In loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and Indemr9y same from any and all liability of Injury to person or property occurring as a result of the activity sponsored by permittee and sold person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permlttee or is caused by participant in said activity. All persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Recreation Shelter Guidelines. Signature /�^j/tr - Date: McHenry Parks & Recreation McHShelter, Alcohol & Special Use Permit Application enry rreraro.�ew Qww. k - Application Date: Rental Date: _—Rental Tkrte:-4 Name of Applicant& Date of Birth: Group/Organization (if app llca"bier n. Address:�]_ 0��4 - City/State/Zip• Home Phone: _ ._ _Cell Phone:( Personal Email: I Title/Activity: le _ ____._ ____..-Attendance: 3 (. List all activities to be SHELTER: o Knox Shelter A o Petersen Shelter A ❑ Petersen Shelter C ^iVeterans Shelter o Knox Shelter B ❑ Petersen Shelter B ❑ Veterans Gazebo [[❑ O__ther _ WEDDING: o Ralls removed at Veterans Memorial Park ($25 fee) BEER/WINE: (at least 4 weeks notke needed) Type of Alcohol to be Served: o None o Wine o Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles I Beer Cases i-I— Beer Kegs #� SPECIAL USE: (at least 4 weeks notke needed) - Equipment provided by renter ❑ Tent ❑ Bounce House Location: Applicant to call JULIE (t-800-892-o23) for staking of Tents and Bounce Houses In Tables rp o Chairs # o Benches # o Wedding Arch o Performer o Music: o DJ ❑ Band o Carnival Rides o Animals ❑ Catered Pig Roast ❑ Other OTHER: Groups o DAMAGE DEP: Credit Ca Signaturi Approval will be bases ..� .w,., .�. „ I M , vyunaLa M r auuj#�(.t ju rurtner approves. IT appiKao+e, health permits are required by law for concessions and catering. Muse make arrangements to obtain permits. McHenry County Department of Heakh: 915-334.4585 1 agree all alcohol containers will be removed by applicant or placed In proper containers on site on the rental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed In City of McHenry property, pursuant to this application will be sold, It being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I also understand that not complying with the rules will result in loss of deposit. 1 agree to hold the City of McHenry, Its employees and agents harmless, and indemnify same from any and all liability of k*ury to person or property occurring as a result of the activity sponsored by permktee and said person shall be liable to the City of McHenry for any and an damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of perrrittee or Is caused by participant In said activity. All persons agree to comply with the City of McHenry Municipal Code and an Parks & Recreation regulations. I have read and fully understand the McHenry RecreaPerr *Iter Cwrklellnes. ^ Z McHenry Parks & Recreation Shelter, Alcohol & Special.Use Permit Application Application Date: Who? Rental Date Vol Rental' Name of Applicant: Oti- Date of Group/Organizatfon (If applicable): — ` IA 0( Address: 91tq,5XUi- P�1/P —City/ Email: Event List all SHELTER: o Knox Shelter o Petersen ShelterA *etersen Shelter a Veterans Shelter ❑ Knox Shelter B o Petersen Shelter B o Veterans Gazebo y� WEDDING: ❑Rails removed at Veterans Memorial Park (t25 fee) F BEEMMIMEt (St least 4 weeks notice needed) Type of Alcohol to be Served: o None wM&Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles _ZQ Beer Cases #&6 Beer Kegs # SPECIAL USE: (at feast 4 weeks notice needed) - Equipment provided by renter �Kfent o Bounce House Location: Z&_k- 7/0 PAP/7� l Uyn!fw Applicant to call JULIE (1-800-E92-0123) for staking of Tents and Bounce Houses V/ )i Tables * WChaIrs *&, a Benches # Wedding Arch - Jus"(41 /��f ?Xa•Q / grr4 cir %c o Perforn4�ai 4Music:�AVJ o Band o Camlval Rides a Animals o Catered Pig Roast ❑Other 4'A' a2fe ,Z%Z012Z 611021 ifs✓ OTHER: Groups DAMAGE DEP. Credit t SignatL Approvalwip be bas,. ..• haul. ou.Y gjr UUM ICHUC LI 4UC.%ULFFMA W IUI IIltll dWIUV/1. 11 ri/y/K 1U1C, IWANUI PCII111L3. rIC required bylaw for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 1 agree all alcohol containers will be removed by applicant or placed in proper containers on site on the mental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, It being understood that the sale of alcohol .haler this permit Issued pursuant to this application is expressly prohibked. I also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHeruy, its employees and agents harmless, and Indemnify same from any and al liability of lnlrrry to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenryfor arty and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is attsed by participant In said activity. Ail persons agree to comply with the city of McHenry Municipal Code and all Parks & Recreation regulations. i have read and fully understand the McHenry Recreation Shelter Guldens. //P7 /�o?, McHenry Parks & Recreation Shelter, Alcohol & Special Use. Permit Application MCA t . Application Date: Rental Date, Sk'V. A-i l'M 34 t-Q r i Rental Time: P I S Avn j', I S�+.�. pp [ Name of Applicant: P t `{ i ` ��1 `s N Date of Birth: Group/Organization (if applicable): (3 `rti� t zr I rw si S Address: Qex � 5� Event Title/Activity, Par{ntrg :' /Vl�SSaA g.lkt •fie �41~t Lal'g J4ttendancek�`�' I�sic r4f, no�All&444 r� s E List ant activities to be held: AtS4 5'fef jir c.} d�j tyth'� ' el t i. S4 S wt s+e � a E �t 4 ►) f • -�o rt5� Itr.t✓' IJt'f �ntlefRH�@ A"/I fhltfks - SHELTER: a Knox Shelter A a Petersen Shelter A a Petersen Shelter C a Veterans Shelter a Knox Shelter B a Petersen Shelter B o Veterans Gazebo �bttier `f n oqs WEDDING: a Rails removed at Veterans Memorial Park ($25 fee) eKr k BEEKIWINE: (at least 4 weeks notice needed) #IA Type of Alcohol to be Served: o None o Wine 13 Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles / Beer Cases I- Beer Kegs If SPECIAL USE: (at least 4 weeks notice needed) -Equipment provided by renter N I A a Tent a Bounce House Location: Applicant to call JULIE 0-E00-892-01123) for staking of Tents and Bounce Houses o Tables +f a Chairs # a Benches it a Wedding Arch . o Performer o Music a DJ o Band o Carnival Rides o Animals a Catered Pig Roast o Other OTHER: Grour DAMAGE DEP: Credit Signal Approval willbe based on the items listed above. Any other requests are subiect to further approval. If applicable, health permits are required by law for concessions and aterk* Please make arrangements to obtain permits. McHenry County Department of Health: $15-334-4585 1 agree all alcohol containers will be removed by applicant or placed In proper containers on site on the renal date and that no underage or Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under "permit I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit Issued pursuant to this application is expressly prohibited. I also understand that not complying with the rules will result In kiss of deposit. I agree to hold the City of McHenry, Its employees and agents harmless, and Indemnify same from any and as liability of iniury to person or property occurring as a result of the activity sponsored by permittee and said person shall be gable to the City of McHenry for any and all damage to parks, recreation facMes and equipment owned by same, which results from or during the activity of perrnittee or is caused by participant In said acthRty. AN persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Recreation Shelter Guidelines. e4 frt4Z---' Z-Zp-11 nit..• McHenry Rental q_; I_1 1 Name of Applicant:_ L(.2 Group/Organization (If applicable):_ Address: 17o3 M PQ d ew t a, F e'ie Phone: � 01f ound # T8� o�Rectangle ,/chairs AE 70 NO OTHER ALCOHOL ALLOWED Beer Cases # Beer Kegs # SPECIAL USE: (at least 4 weeks notice needed) - Equipment provicled by renter o None rfj� M/Caterer: Name.... e/rDJ/Band/Perfonner. Name Thb - _-- ❑ Tent ❑ Bounce House Location:. Applicant to call JULIE (i-800-892-0123) for staking of Tents and Bounce Houses ■ 0711 DAMAGE DEPOSIT: Credit Card Nui Signature: Approval will be based on the Items listed above. Any other requests are subject to further approval. If applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County department of Health: $15-334.4535 1 agree at alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed In CJty of McHenry property, pursuant to this application will be sold, It being understood that the sale of alcohol under this permit Issued pursuant to this application is expressly prohibited I also understand that not complying with the rules will result In loss of deposit. I agree to hold the City of McHenry, Its employees and agents harmless, and Indemnify same from any and all liability of Injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or Is caused by participant In said activity. All persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Recreation jenter Rental GukkMrwc J U4 (--" - Date: %`3 `// Rental D; Name of Home Personal Era McHenry Recreation Center Facility Rental Permit Application Application Date. Z9 /q Time (Include set-up/clean-up): 10 W) ' ____Date of Birth: (31 _ ___ ; Tltle/Activity: l7 ti`J ` �3 5yl-- W .4 _Attendance: am ?541q* SET-UP:, Banquet ❑ B ❑ Studio ❑ Board Room 0 C o Classroom u Theater �st 4 weeks notice needed) Type of Alcohol to be Served: o None Wine In Beer Amount of Alcohol: Wine Bottles* �;' TABLESKHAIRS:XRound �(Rectangie o Chairs NO OTHER ALCOHOL ALLOWED Beer Cases * Beer Kegs IK SPECIAL USE: (at least 4 weeks notice needed) - Equipment provided by renter ❑ None ❑ Caterer: Na o DJ/Band/Performer. Name ❑ Tent ❑ Bounce House Location: Applicant to call JULIE (1-800-892-0123) for staking of Tents and Bounce Houses ❑ Other. DAMAGE DEPO! Credit C Signatu Approval wme Vc 49]eU VII ll le ttClll] N]leu djuuve. eujy uure(- requests are suolect to runner approval. If applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought Into City of McHenry property under this permit. i agree that none of the alcohol allowed In City of McHenry property, pursuant to this application YA be sold, It being understood that the sale of alcohol under this permit issued pursuant to this application Is expressly prohibited. I also understand that not complying with the rules will result In loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and Indemnify same from any and all liability of tnlury to person or property occurring as a result of the activity sponsored by permittee and said person shall be Itable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant In said activity. AN persons agree to comply with the City of McHenry Municipal Code and all Parks d Recreation regulations. I have read and fully understand the McHenry Recr ion Center Rental ellnts. Signature: Date:_ V( )q 'A196A McHenry Parks & Recreation McHenrShelter, Alcohol & Special Use Permit Application y Application Date: Rental Date: u D Rental Name of Applicant: e C! ~ Date of Birth:_ Group/Organization (if applicable):. s w _ -3 u �, Address: _ City/State/Zip: ,��_----.' 7- -- -- - Title/Activity: Attendance: �51a List all activities to be he] �043 Knox Shelter A o Petersen Shelter A o Petersen Shelter C o Veterans Shelter ❑ Knox Shelter B ❑ Petersen Shelter B ❑ Veterans Gazebo blither WEDDING: ❑ Rails removed at Veterans Memorial Park (f i5 fee) AWM BEER/WINE: (at least 4 weeks notice needed) pkx""' Type of Alcohol to be Served: o None)(Wine ❑ Beer NO OTHER ALCOHOL ALLOWED Amount of Alcohol: Wine Bottles N'HO Beer Cases # deer Kegs # SPECIAL USE: (at least 4 weeks notice needed) - Equipment provided by renter o Tent o Bounce House Location: Applicant to call JULIE (1-800-892-01123) for staking of Tents and Bounce Houses o Tables # o Chairs # ❑ Benches N ❑ Wedding Arch ❑ Performer o Musk: o DJ o Band o Carnival Rides ❑ Animals ❑ Catered Pig Roast o Other OTHER: Grot DAMAGE DEP: Crec Sign Approval will be based on the Items listed above. Any other requests are subject to further approval. If applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 915-334.4585 1 agree all alcohol containers will be removed by applIcant or placed In proper containers on site on the rental date and that no underage or Intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. i agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I sho understandd that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry, Its employees and agents harmless, and Indemnify same from any and! all liability of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be gable to the City of McHenry for any and ail damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. AN persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. i have read and fully understand the McHenry Recreation Shelter Guidelines. j Signature: _ '��/ Date: Al 19 City Council Meeting Minutes February 18, 2019 Page 1 City Council Meeting February 18, 2019 Call to Order Mayor Wayne Jett called the regular meeting scheduled for February 18, 2019 of the McHenry City Council to order at 7:00 pm in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call Deputy Clerk Meadows called the roll. Roll call: Members present: Alderwoman Condon, Alderman Devine, Alderman Mihevc, Alderman Curry, Alderman Schaefer, Alderman Glab, Alderman Santi and Mayor Jett. Others present: Attorney McArdle, Director of Public Works Schmitt, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin and Chief of Police Birk. Pledge of Allegiance Mayor Jett introduced Ben Miller representing Boy Scout Troop #459 and who had also implemented a book program (Free Little Library) located at the City of McHenry's Recreational Center. Scout Miller proceeded to lead those present in the Pledge of Allegiance. Mayor Jett thanked Scout Miller for leading those present in the Pledge of Allegiance. Public Comment Mayor Jett asked if anyone in the audience wished to address the Council Members. McHenry County Water Resource Specialist, Scott Kuykendall approached the podium. He reported that the County was in the process of updating the Countywide Water Resources Action Plan (WRAP). Mr. Kuykendall noted that the Task Force will be conducting monthly meeting to discuss Best Management Practices as they relate to the County's water resources. They are asking for volunteers from the County Board, municipalities, townships and other stakeholders to participate in the discussions. He encouraged the City Officials and Staff to have at least one representative present each month. Mr. Kuykendall thanked the Council Members fortheir time. Former State Senator Ms. Pamela Althoff approached the podium. She continued on to discuss the importance of maintaining the quality of the McHenry County's numerous streams, rivers, lakes and wetlands that provide rich habitat, recreational opportunities and natural beauty. She also encouraged the City Officials and Staff to attend the monthly Task Force meetings to share valuable information about the community. Ms. Althoff thanked the Council Members for their time. Consent Agenda: Motion to Approve the Following Consent Agenda Items: City Council Meeting Minutes February 18, 2019 Page 2 A. IDOT Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code for expenditures of Rock Salt paid by Motor Fuel Tax Funds; B. Approval of a Request to authorize Staff to publicly bid the 2019 Hot Mix Asphalt Material Contract; C. Motion to accept the a) McHenry Area Chamber of Commerce's 70th annual Fiesta Days event schedule; b) use of Parks, Police, and Public Works for various services related to the event; c) approve the special event liquor license; and d) approve the placement of temporary advertising signs as presented; D. Special Event Liquor License request from Kim & Patty's Cafe' for hosting the annual Librarians Dinner at 1340 Ridgeview Drive (Follett School Solutions Facility) on February 20th from 3:30-5:00 pm; E. Ordinance Authorizing the City of McHenry to Borrow $305,500 from McHenry Savings Bank to Finance the Purchase of Property from McHenry Savings Bank at the corrected interest rate of 3.50%; F. February 4, 2019 Council meeting minutes; G. Issuance of Checks in the amount of $214,093.75; H. As needed Checks in the amount of $162,255.10. Mayor Jett asked if there were any items listed on the consent agenda the Council Members wished to remove for separate consideration. The Council Members offered no comments. A Motion was made by Alderman Curry and seconded by Alderman Santi to approve the consent agenda items A-H as presented. Roll call: Vote: 7-ayes: Alderman Curry, Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine and Alderwoman Condon. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda: Discussion and possible action on a proposed Ordinance amending references to specific gender within the City of McHenry's Municipal Code. Attorney McArdle recalled a recent City Council conversation in which Alderwoman Condon once again commented on various sections of the City Code that reflects gender. Since that time, he has examined the City Code and has addressed various references to the masculine gender. He reported that he had completely removed any reference to "Alder" and replaced the reference to "Council. Alderwoman Condon thanked Attorney McArdle for all his hard work. Alderwoman Condon believed that the future generations of female Council Members will also appreciate his efforts. In addition, in her opinion, the amended language offers respect to the officers regardless of their gender. There was some discussion with respect to the Election Code and State Statutes. Attorney McArdle reported that any changes to the Illinois Election Code referenced in the municipal code would have an impact on the City's form of government. Attorney McArdle commented on section 1.2 "Gender" of the municipal code. He noted that in City Council Meeting Minutes February 18, 2019 Page 3 his opinion if the Council Members were comfortable with all the edits this section could be deleted in its entirety. The Council Members concurred with Attorney McArdle's recommendation. A Motion was made by Alderwoman Condon and seconded by Alderman Devine to adopt the Ordinance amending references to Specific Gender within the City of McHenrv's Municipal Code including the deletion of Section 1.2 "Gender" Roll call: Vote: 7-ayes: Alderwoman Condon, Alderman Devine, Alderman Mihevc, Alderman Curry, Alderman Schaefer, Alderman Glab and Alderman Santi. 0-nays, 0-approved. Motion carried. Ms. Sue Miller and Ms. Bobbi Baehne thanked Alderwoman Condon for speaking out on the gender issue. Discussion and possible action regarding appointments to the City's Ethics Commission or entering into an Intergovernmental Agreement with McHenry County to act upon ethics complaints. Attorney McArdle commented on the State's mandate in 2004 which required municipalities to adopt an Ordinance related to new ethics laws. In addition, the Illinois State Legislature required the Illinois Attorney General's office to draft a model ordinance that municipalities could use to implement the new law. Attorney McArdle continued on to report that the City though not mandated by state law, also adopted the Attorney General's recommendation to create both a position of "Ethics Advisor" to assist officers and employees an Ethics Commission. However, the City along with a majority of the surrounding communities has not consistently appointed either the Ethic Advisor position or a commission. Due to the fact that there has been no consistent purpose for such a Commission to meet. Attorney McArdle reported that since the Ethics Law is rarely applied by Cities or Villages perhaps it makes more sense to have all the complaints in the County be handled by a central advisor and board. To facilitate this option the Council Members would need to approve an Intergovernmental Agreement with the County and municipalities could choose whether they wish to participate. He concluded by reporting that the McHenry County State's Attorney is still investigating municipalities utilizing the existing McHenry County Ethics Commission. Alderman Curry questioned if the Ethics Advisor role would be the responsibility of the City's Human Resource Department or would this also be the role of the County. Attorney McArdle responded that the Ethic Advisor's role could be either. Alderwoman Condon believed that having the County serve as the Ethics Commission was a great idea as it eliminates any potential politics to come into play. City Council Meeting Minutes February 18, 2019 Page 4 Mayor Jett also agreed that partnering with the County eliminates any political interference in the process. Alderman Glab and Alderman Santi were also comfortable with the County's role as the Ethics Commission. Attorney McArdle stated he will continue to work with the State Attorney with regards to this matter. Discussion Only Items: Video Gaming Mayor Jett reported that he placed this matter on the agenda to collectively discuss with the Council Members their current vision with respect to video gaming. Alderman Curry commented on the fact that he struggles with the idea of allowing any additional video gaming establishments. However, he realizes the gaming terminals provides the City with an additional revenue stream. He continued on to report that the City ranks 13t" in the State with respect to the amount of video gaming terminals per capita. Attorney McArdle commented on the method in which the Council Members could resolve this challenging topic. He suggested the Council Members first define what a gaming parlor is. He suggested they could use measurements such as floor space square footage, dining income or the establishment offering a full service kitchen. He continued on to note that the video gaming license is directly tied to the issuance of a Class A or B liquor license which is only issued at the discretion of the full City Council. A lengthy discussion ensued with respect to ways in which to restrict video gaming. Mayor Jett asked if anyone in attendance wished to comment on the matter under discussion. Mr. Joe Dougherty approached the podium. Mr. Dougherty reported that in his opinion video gaming revenues could have a positive impact on the community and be used to fund roadway repairs and improve the City's infrastructure. In addition, he noted that it is getting harder and harder to get people to patronize brick and mortar establishments. Video gaming does incentive some people to patronize various establishments. Mr. Dougherty thanked the Council Members for their time. This matter will be discussed again at an upcoming City Council meeting. Vape Shops Mayor Jett reported that he placed this matter on the agenda due to the fact that there are more and more vape shops popping up all the time. He wanted to discuss this matter will the full City Council Meeting Minutes February 18, 2019 Page 5 Council to get a consensus on what the vision is for the community at large with respect to vape shops. Alderwoman Condon discussed the health risk associated with vaping. Alderman Schaefer commented on the fact that e-cigarettes and vaping supplies are readily assessable. He reported that you can purchase them at gas stations, convenient stores, and vape shops. Chief Birk reported that his department is currently in the process of conducting educational sessions at both the Middle and High Schools. He hopes by offering these types of educational sessions it will deter minors' from using e-cigarettes and vaping. Attorney McArdle suggested the Council Members consider placing a moratorium on vape shops until more research can be completed. The Council Members concurred with Attorney McArdle's recommendation. Mayor Jett asked those in attendance if they had any comments on the matter that was currently under discussion. Those in attendance offered no comments. Attorney McArdle reported that he will draft an Ordinance placing a moratorium on vape shops for Council consideration at an upcoming City Council Meeting. Staff Reports: Chief Birk reported that two Officers in two separate squad cars were recently involved in two traffic accidents. He was pleased to report that there were no injuries. Mayor and City Council Comments: Mayor Jett apologized for a recent incident involving his Constant Contact account. Executive Session: Motion to enter into Executive Session to discuss Collective Bargaining Matters as permitted by 5 ILCS 120/2 (c) (2). Mayor Jett stated at this time he would entertain a motion to enter into executive session to discuss collective bargaining matters as permitted by 5 ILCS 120/2 (C) (2) with no action to follow. A Motion was made by Alderman Santi and seconded by Alderman Curry to enter into executive session to discuss collective bargaining matters as permitted by 5 ILCS 120/2 (c) (2) with no action to follow. Roll call: Vote: 7-ayes: Alderman Santi, Alderman Curry, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine and Alderwoman Condon. 0-nays, 0- abstained. Motion carried. The Council Members along with Attorney McArdle, Chief Birk and Deputy Clerk Meadows entered into executive session 8:26 p.m. City Council Meeting Minutes February 18, 2019 Page 6 Reconvene/Roll Call: The Council Members along with Attorney McArdle, Chief Birk and Deputy Clerk Meadows returned to the public meeting at 8:40. A Motion was made by Alderman Santi and seconded by Alderman Glab to reopen the public meeting. Roll call: Vote: 7-ayes: Alderman Schaefer, Alderman Santi, Alderman Glab, Alderman Curry, Alderman Mihevc, Alderman Devine and Alderwoman Condon. 0-nays, 0-abstained. Motion carried. Adjournment: There being no further public business to discuss, a Motion was made by Alderman Schaefer and seconded by Alderman Sant! to adjourn from the public meeting at 8.41 p.m. Roll call: Vote: 7-ayes: Alderman Curry, Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc, Alderman Devine and Alderwoman Condon. Respectfully submitted, Debra Meadows Mayor Deputy Clerk Ig'7� McHenry, IL Vendor Name Payable Nor Vendor BANK OF NEW YORK MELLON. THE BANK OF NEW YORK MELLON, 252-2175210 Vendor. BORGERDING, CHRISTINE iORGERDING, CHRISTINE MV0007593 Vendor. CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 221474 CENTEGRA OCCUPATIONAL 221693 Vendor. COMED COMED INV0007584 COMED INV0007S94 COMED INV0007395 COMED WV000759S COMED INV0007585 COMED INV000759S Vendor: CONSTELLATION NEWENERGY IINC CONSTELLATION NEWENERGY KW0007S86 Vendor. COPENHAVER CONSTRUCTION INC COPENHAVER CONSTRUCTION 2A COPENHAVER CONSTRICTION 2 Vender. CURRAN CONTRACTING COMPANY CURRAN CONTRACTING IS914 Vendor. NPISREEN HRGREEN 124760 HRGREEN 124763 HPIGREEN 1247" Vendar. IGFOA IGFOA WV0007587 IGFOA INV0007587 Vendor. ILLI NOIS MUNICIPAL LEAGUE K.UNOG MUNICIPAL LEAGUE 2019 MSHIP REN Vendor LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 710112497 IAFARGE NORTH AMERICA 710112498 LAFARGE NORTH AMERICA 710116237 LAFARGE NORTH AMERICA 710119013 LAFARGE NORTH AMERICA 710136381 LAFARGE NORTH AMERICA 710147783 2/27/2019 12:55:26 PM i Expense Approval Register List of Bills Council Meeting 3/4/19 Post Data Deserl"on (Item) Account Number Amount 03/04/2019 2/18/19-2/17/20 300.00-7300 1,302.50 Vendor BANK OF NEW YORK MELLOt4 THE Total: 1130LSO 03/04/2019 REIMBURSEMENT -SUPPLIES 400.0"111 12.29 Vendor BORGERDING, CHRISTINE Total: im 03/04/2019 C ALCALA, D MACE, E RAMIREZ 100-05-5110 165.00 03/04/2019 R KLASEK, O MORALES, C 610-00-GW 330.00 Vendor CENTEGRA OOCUPATKXM HEALTH Total: 4".00 03/04/2019 U71L 100-01-5510 35258 03/04/2019 UTIL 100-45-5510 32.23 03/04/2019 UTIL 510-31-SS10 2,058.38 03/04/2019 UTIL 510-31-5510 2,174.13 03/OVM19 UTIL 510-32-5510 2,114.43 W/04/2019 UTIL $10.32-5510 7,327.15 Vendor COMED Total: 14,OSB.90 03/04/2019 UTIL 10033-5520 2,35338 Vendor CONSTELLATION NENRNMW INC Totah. 2,353.58 N/OV=9 GREEN ST BRIDGE 510.3S41S00 21,992.64 03/04fI019 M100480 100411-8600 54,34&U Vendor COPEN14AVER CONSTRUCTION 94C Total: 78, All 03/04/2019 HMA $MACE MD( IM33-6110 932.80 Vendor CURRAN CONTRACTING COMPANY Total: 83LW 02/27/2019 RET PERS DIST 15 740-00-5220 535.00 03/04/2019 RET PERS RT 31AT IM 740.00-5220 2,499.00 03/0412019 RET PIERS - 8P 53018V RD 74MO-5220 365.00 Vendor NRGREEN Total: 1139LOO 03/04/2019 Z019 DUES RENEWAL, JOB 100.04-5110 250.00 03d0412019 2019 DUES RENEWAL, M 10ON-5410 3W.00 Vendor IGFOA Total: 550AD 03/04/2M9 2019 MSHIP RENEWAL 100-01-5410 2,000.00 Vendor ILUNOIS MUNKWAL LEAGUE Total: 2,000.00 03/04/2019 MATERIAL WO-33-6110 299.29 03/04/2019 GRAVEL 10033-6110 559.12 03/04/2019 GRAVEL WO-33-6110 2%.78 03/04/2019 GRAVEL 100-334110 1,168.16 03/04/2019 GRAVEL 100.33-6110 669.12 03/04/2019 MAT M33-6110 825.76 Vendor LAFARGE NORTH AMERICA Total: 3,818.22 Expense Approval Register Packet: APPKTO1409 - 3/4/19 AP CKS Vendor Name Payable Number Post Date Description (item) Account Number Amount Vendor: MARINO, JAKE MARINO, JAKE INV0007588 03/04/2019 NWBOCA MTG REIMB 100-03-5430 15.00 Vendor MARINO, JAKE Total: 15.00 Vendor: MARSH USA INC MARSH USA INC 376337896583 02/25/2019 BOND- RAMON GREGORIO JR 100-21-5110 130.00 MARSH USA INC 376332578795 03/04/2019 BOND -AGLAB 100-02-6940 170.00 MARSH USA INC 376336199108 03/04/2019 BOND- MARC1 FISHER 760-00-5110 90.00 MARSH USA INC 376333010728 03/05/2019 BOND -J FOERSTER 760-00-5110 90.00 Vendor MARSH USA INC Total: 480.00 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 2019220-13 03/04/2019 2ND QTR LAREDO 620-00-5110 275.00 Vendor MCHENRY COUNTY RECORDER OF DEEDSTotal: 275.00 Vendor: MCMAHON, JASON MCMAHON, JASON INV0007589 03/04/2019 UNIFORM REIMB 100-33-4510 156.70 Vendor MCMAHON, JASON Total: 156.70 Vendor: MOORE, REBECCA MOORE, REBECCA INV0007590 03/04/2019 MIC CORD REIMB 400-40-6142 47.19 Vendor MOORE, REBECCA Total: 47.19 Vendor: NICOR GAS NICOR GAS INV0007591 03/04/2019 UTIL 100-42-5510 883.49 NICOR GAS INV0007591 03/04/2019 UTIL 100-45-5510 624.85 NICOR GAS INV0007591 03/04/2019 UTIL 400-00-5510 1,584.69 NICOR GAS INV0007593 03/04/2019 UTIL 510-31-5510 2,772.23 NICOR GAS INV0007593 03/04/2019 UTIL 510-32-5510 3,317.71 Vendor NICOR GAS Total: 9,182.97 Vendor: OWSLEY, MIKE OWSLEY, MIKE INV0007594 03/04/2019 TOOL REIMB 100-33-4510 33.72 Vendor OWSLEY, MIKE Total: 33.72 Vendor: SAM'S CLUB SAM'S CLUB 2867 2/8/19 STMT 03/04/2019 SUPP 100-41-6110 73.30 SAM'S CLUB 2867 2/8/19 STMT 03/04/2019 SUPP 100-46-5110 125.00 SAM'S CLUB 2867 2/8/19 STMT 03/04/2019 SUPP 100-46-6920 215.26 Vendor SAM'S CLUB Total: 413.56 Vendor: SYNCB/AMAZON SYNCB/AMAZON 7880 2/10/19 STMT 03/D4/2019 Acct 7880 100-01-6110 114.48 SYNCB/AMAZON 7880 2/10/19 STMT 03/04/2019 Acct 7880 100-45-6210 134.95 SYNCB/AMAZON 7880 2/10/19 STMT 03/04/2019 Acct 7880 100-45-6270 184.50 SYNCB/AMAZON 7880 2/10/19 STMT 03/04/2019 Acct 7880 100-46-6110 33.94 SYNCB/AMAZON 7880 2/10/19 STMT 03/04/2019 Acct 7880 100-46-6920 82.49 SYNCB/AMAZON 7880 2/10/19 STMT 03/04/2019 Acct 7880 100-47-6110 195.89 SYNCB/AMAZON 7880 2/10/19 STMT 03/04/2019 Acct 7880 400-40-6142 242.51 Vendor SYNCB/AMAZON Total: 988.76 Vendor: TECHNOLOGY MANAGEMENT REV FUND TECHNOLOGY MANAGEMENT T1921551 03/04/2019 COMM CHGS 620-00-5110 10.00 Vendor TECHNOLOGY MANAGEMENT REV FUND Total: 10.00 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 3636 03/04/2019 SLUDGE 510-32-5580 5,320.80 Vendor WINNEBAGO LANDFILL CO Total: 5,320.80 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 135963 03/04/2019 COPRORATE 100-01-5230 7,915.72 ZUKOWSKI ROGERS FLOOD & 135964 03/04/2019 CUNAT, INC/PATRIOT ESTATES 740-00-5230 5,382.50 ZUKOWSKI ROGERS FLOOD & 135965 03/04/2019 TRAFFIC 100-01-5230 6,582.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 19,880.72 Grand Total: 141,955.59 2/27/2019 12:55:26 PM Expense Approval Register Fund Summary Fund 100-GENERAL FUND 300 - DEBT SERVICE-1997A FUND 400 - RECREATION CENTER FUND 510- WATER/SEWER FUND 610 - RISK MANAGEMENT FUND 620 - INFORMATION TECHNOLOGY FUND 740- RETAINED PERSONNEL ESCROW 760 - POLICE PENSION FUND 2/27/2019 12:55:26 PM Expense Amount 82,122.84 1,302.50 1,887.28 47,067.47 330.00 285.00 8,780.50 180.00 Grand Total: 141,955.59 Packet: APPKT01409 - 3/4/19 AP CKS �w Expense Approval Register r McHenry, IL #2 List of Bills Council Meeting 3-4-19 Vendor femme Pay" Number Post Dab Desa tion (Item) Account Number Amount Vendor: ADAMS ENTERPRISES MIS, R A ADAMS ENTERPRISES INC, R A J001499 03/04/2019 plow parts 432 104.33-5370 400.00 ADAMS ENTERPRISES INC, R A M355 03/04/2019 Equlpment Repairs 100-45-5370 56.10 ADAMS ENTERPRISES INC, R A S006696 03/04/2019 lens 407 M33-5370 324.22 ADAMS ENTERPRISES M R A SOD6959 03/04IM19 power able 432 100-33-5370 231.94 ADAMS ENTERPRISES INC, R A S007684 03/04/2019 Hltth 310 100-22-5370 32.50 i Vendor ADAMS ENTERPRISES iNC, R ATotal: 1,044.76 Vendor. ADAMS STEEL SERVICE & SUPPLY, IM ADAMS STEEL SERVICE & 35082 03/04/2019 Misc Steel 510-32-6110 58.02 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: S8.02 Vendor: AMERICAN HEATING & COOLING AMERICAN HEATING & 04042194 03/04/2019 Contractual HVAC Service 100-45-5110 680.00 Vendor AMERICAN HEATING & COOLING Total: 6W.00 Vendor. ARAMARK ARAMARK 214226W 03/04/2019 unNorms dements 510-35-4510 151.90 Vendor ARAMARK Total: 151.90 Vendor. ARMS INDUSTRIES INC ARIES INDUSTRIES W 395633 03/0 M19 Rewire able on amen 510-35-6110 808.80 VendorAIIESINDUSTRIES INCTetal: B08.80 Vendor: AT&T AT&T 6201319339 03/04/2019 SIS 363 2122 620-00.5320 555.97 AT&T 6201919340 03/04,/2019 3157591160 620-MS320 59.59 AT&T 6201SI9342 03/04/2019 IZ3632660 620-00.5320 272.98 AT&T 6201819344 03/04/2019 8153637243 620.O0-S320 61.09 AT&T 6201RU345 03/04/2019 IlSS791029 620-WS320 62.16 Vendor AT&T Total: 1,011.79 Vendor: AUTO TECH CENTERS WC AUTO TECH CENTERS INC 293060 03/04/2019 Ones 321316 100-22-5370 614.76 VNWWAUTO TECH CENTERS INCTotah 614.76 VWAAor: BALLY'S LAS VEGAS BALLY'S LAS VEGAS RECON2019 03/04/2019 SALLY'S LAS VEGAS - REOON 1OD06-5420 297.74 Vendor SALLY'S LAS VEGAS Total: 297.74 Vender: BUSS FORD SALES BUSS FORD SALES 5032909 03/b4/2019 sensors 316 IM2.2-5370 43438 SUSS FORD SALES 5032919 03/04/2019 hem2amp 320 IOD-22-5370 419.76 BUSS FORD SALES S032960 03/04/2p19 W t312 100-22-S370 295.38 BUSS FORD SALES SM124 03/04/2019 canister 313 100-22-5370 101.94 BUSS FORD SALES 6053269 03/04/2019 316 repair MD-22-5370 1,941.78 BUSS FORD SALES 5032999 030/2019 radltor cap 527 $10-31-5370 12.39 Vendor BUSS FORD SALES Total: 3,105.33 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 60062 03/04/2019 Base board 510-35-6110 127.00 CASAY & COMPANY INC 605" 03/04/2019 PAPER PRODUCTS 100-01-6110 95.45 Vendor CABAY & COMPANY INC Total: 222AS Vendor. CALLA CAIEA MN30100 03/04/2019 ANNUAL FEE 100-22-5110 4,S95.00 Vendor CALEA Total: 4,595.00 Vendor. GREY ELECTRIC CAREY ELECTRIC 34700 03/04/2019 Ben block heater 1O033-3115 904.00 Vendor CAREY ELECTRIC Total: 904.00 2/27/2019 12:58:56 PM Expense Approval Register Packet: APPKT01411- 3-0-19 RECi INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: COMCAST CABLE COMCAST CABLE 6201819337 03/04/2019 Comcast Rec Center 620-00-5110 124.90 COMCAST CABLE 6201819338 03/04/2019 Comcast City Hall Cable 620-00-5110 31.37 Vendor COMCAST CABLE Total: 1S6.27 Vendor: CONCENTRIC INTEGRATION,LLC CONCENTRIC INTEGRATION,LLC 0204527 03/04/2019 Inv#0204527 510-31-5110 840.00 Vendor CONCENTRIC INTEGRATION,LLC Total: 840.00 Vendor: CONSERV FS CONSERV FS 65069480 03/04/2019 Snow Supplies 100-45-6110 325.85 Vendor CONSERV FS Total: 325.85 Vendor: DELL SOFTWARE INC DELL SOFTWARE INC 10297983245 03/04/2019 Hard Drive for Server 620-00-6110 354.13 Vendor DELL SOFTWARE INC Total: 354.13 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 1112721 03/04/2019 electric motor shop 100-33-5115 726.00 DREISILKER ELECTRIC MOTORS 1113429 03/04/2019 Drive Belts 510-32-6110 190.00 Vendor DREISILKER ELECTRIC MOTORS INCTotal: 916.00 Vendor: EJ EQUIPMENT E.)EQUIPMENT P15796 03/04/2019 tow402 100-33-5370 132.94 Vendor EJ EQUIPMENT Total: 132.94 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 74021891197 03/04/2019 CAR WASH 100-22-5370 19.95 Vendor FAST EDDIES CAR WASH Total: 19.95 Vendor: FASTENAL FASTENAL ILWOD159794 03/04/2019 Hardware 100-33-6110 74.50 Vendor FASTENAL Total: 74.50 Vendor: FIFTH THIRD BANK FIFTH THIRD BANK 719-516 03/04/2019 SUBPOENA FEE -J. PRATHER 100-22-5110 57.61 Vendor FIFTH THIRD BANK Total: 57.61 Vendor: GALLS LLC GALLS LLC 011886968 03/04/2019 UNIFORM ORDER - 100-23-4510 49.30 GALLS LLC 011889567 03/04/2019 UNIFORM ORDER -WEGNER 100-22-4510 38.20 GALLS LLC 011898269 03/04/2019 UNIFORM ORDER- WEGNER 100-22-4510 75.49 GALLS LLC 011909297 03/04/2019 UNIFORM ORDER- K. SCHMITT 100-23-4510 35.05 GALLS LLC 011930592 03/04/2019 UNIFORM ORDER- NOYES 100-22-4510 40.54 GALLS LLC 011945844 03/04/2019 UNIFORM ORDER -GALLAGHER 100-23-4510 115.64 GALLS LLC 011959569 03/04/2019 UNIFORM ORDER- CONWAY 100-22-4510 329.85 GALLS LLC 011962984 03/04/2019 BIKE PATROL PANTS- KULCSAR 100-22-6110 82.72 GALLS LLC 011976436 03/04/2019 UNIFORM ORDER -LORENZ 100-22-4510 107.87 GALLS LLC 011979242 03/04/2019 UNIFORM ORDER - M. 100-22-4510 139.52 GALLS LLC 011980310 03/04/2019 UNIFORM ORDER- EHARDT 100-22-4510 210.10 GALLS LLC 011996531 03/04/2019 UNIFORM ORDER-J. BIRK 100-22-4510 57.99 GALLS LLC 012003612 03/04/2019 UNIFORM ORDER-ADAMS 100-22-4510 220.82 GALLS LLC 012011618 03/04/2019 UNIFORM ORDER -J. BIRK 100-22-4510 33.41 GALLS LLC 012025116 03/04/2019 UNIFORM ORDER-ZUMWALT 100-22-4510 39.99 GALLS LLC 012041302 03/04/2019 UNIFORM ORDER - M. VARVIL 100-22-4510 41.10 GALLS LLC 012043983 03/04/2019 UNIFORM ORDER-J. BIRK 100-22-4510 149.08 GALLS LLC 012048368 03/04/2019 UNIFORM ORDER -J. ADAMS 100-22-4510 83.47 GALLS LLC 012031738 03/05/2019 UNIFORM ORDER- LUMBER 100-22-4510 330.24 Vendor GALLS LLC Total: 2,180.38 Vendor: GRAHAM ENTERPRISE INC GRAHAM ENTERPRISE INC 2019-002 03/04/2019 CAR WASH TICKETS 100-22-5370 1,000.00 Vendor GRAHAM ENTERPRISE INC Total: 1,000.00 Vendor: GRAINGER GRAINGER 9087591195 03/04/2019 Electrical Panel Heaters 510-32-5375 890.24 Vendor GRAINGER Total: 890.24 2/27/2019 12:58:56 PM Expense Approval Register Packet: APPKT01411- 3-4-19 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HANSEN'S ALIGNMENT, DON HANSEN'S ALIGNMENT, DON 0176 03/04/2019 801 510-35-5370 80.00 Vendor HANSEN'S ALIGNMENT, DON Total: 80.00 Vendor: HUBER TECHNOLOGY INC HUBER TECHNOLOGY INC CD10017903 03/04/2019 QTY-2 Water Solenoid Valves 510-32-6110 1,205.00 Vendor HUBER TECHNOLOGY INC Total: 1,205.00 Vendor: ILLINOIS SECTION AWWA ILLINOIS SECTION AWWA 200041624 03/04/2019 WaterCon conference fee 510-32-5430 325.00 Vendor ILLINOIS SECTION AWWA Total: 325.00 Vendor: INTERNATIONAL ASSOC OF ARSON INVESTIGATORS INTERNATIONAL ASSOC OF 10491 03/04/2019 ARSON INVESTIGATOR DUES - 100-22-5410 100.00 Vendor INTERNATIONAL ASSOC OF ARSON INVESTIGATORS Total: 100.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3012754269 03/04/2019 412 100-33-5370 32.88 INTERSTATE BILLING SERVICE 3013807817 03/04/2019 parts 100-33-5370 2,362.13 INTERSTATE BILLING SERVICE 3013807896 03/04/2019 406/407 100-33-5370 2,314.19 INTERSTATE BILLING SERVICE 3013839393 03/04/2019 406 100-33-5370 77.80 INTERSTATE BILLING SERVICE 3013842547 03/D4/2019 406 100-33-5370 125.24 INTERSTATE BILLING SERVICE 3013857518 03/04/2019 404 100-33-5370 237.14 INTERSTATE BILLING SERVICE 3013872714 03/04/2019 404 100-33-5370 333.80 Vendor INTERSTATE BILLING SERVICE INC Total: 5,483.18 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 6920712 03/04/2019 stock 100-33-6110 339.70 KIMBALL MIDWEST 6936075 03/04/2019 stock 510-32-6110 314.95 Vendor KIMBALL MIDWESTTotal: 654.65 Vendor: KIRCHNER FIRE KIRCHNER FIRE 47292 02/26/2019 Fire Extinguisher inspections - 510-31-5110 91.15 Vendor KIRCHNER FIRE Total: 91.15 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 710109628 03/04/2019 FM-2 Sand 167537320 510-35-6110 48.00 LAFARGE NORTH AMERICA 710116236 03/04/2019 FM-2 Sand 167537465 510-35-6110 100.56 LAFARGE NORTH AMERICA 710116236A 03/04/2019 CM-6 virgin grade 9167537470 510-35-6110 177.93 LAFARGE NORTH AMERICA 710128277 03/04/2019 Birds eye wash gravel 100-33-6110 59.84 LAFARGE NORTH AMERICA 710128277 03/04/2019 Birds eye wash gravel 100-33-6110 62.56 LAFARGE NORTH AMERICA 710128277 03/04/2019 Birds eye wash gravel 100-33-6110 58.08 LAFARGE NORTH AMERICA 710128277 03/04/2019 Birds eye wash gravel 100-33-6110 62.80 LAFARGE NORTH AMERICA 710128277 03/04/2019 Birds eye wash gravel 300-33-6110 57.92 LAFARGE NORTH AMERICA 710128277 03/04/2019 Birds eye wash gravel 100-33-6110 57.28 LAFARGE NORTH AMERICA 710128278 03/04/2019 FM-2 sand 167537681 510-35-6110 107.68 LAFARGE NORTH AMERICA 710128278A 03/04/2019 LaFarge 167537678 510-35-6110 83.70 Vendor LAFARGE NORTH AMERICA Total: 876.35 Vendor: LEWIS UNIVERSITY LEWIS UNIVERSITY 3/20/2019 03/04/2019 CAREER EXPO- POLIDORI 100-22-5420 170.00 Vendor LEWIS UNIVERSITY Total: 170.00 Vendor: LORCHEM TECHNOLOGIES INC LORCHEM TECHNOLOGIES INC 68448 03/04/2019 VEHICLE DETERGENT 100-22-5370 387.10 Vendor LORCHEM TECHNOLOGIES INC Total: 387.10 Vendor: MEADE INC MEADE INC 685978 03/04/2019 TL repair Crystal Lake & 100-33-5110 187.70 MEADE INC 685979 03/04/2019 TL repair Crystal Lake & Royal 100-33-5110 163.21 Vendor MEADE INC Total: 350.91 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 206101W 03/04/2019 3" Mega Flanges 510-32-5380 150.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 150.00 2/27/2019 12:58:56 PM Expense Approval Register Packet: APPKTO1411- 34-19 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS M24984 03/04/2019 Suction Hose for pump 510-35-6110 264.36 Vendor MIDWEST HOSE AND FITTINGS INC Total: 264.36 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 40517123118 03/04/2019 STARCOM21MONTHLY 30D-22-5320 2,453.00 Vendor MOTOROLA SOLUTIONS - STARC0M21 NETWORK Total: 2,453.00 Vendor: NATURE -WATCH NATURE -WATCH 136886A 03/04/2019 Program -Junior Rangers 100-46-6110 64.87 Vendor NATURE -WATCH Total: 64.87 Vendor: NCL OF WISCONSIN INC NCL OF WISCONSIN INC 418662 03/04/2019 Lab Supplies 510-32-6110 497.38 Vendor NCL OF WISCONSIN INC Total: 497.38 Vendor: NETWORKFLEET INC NETWORKFLEET INC CITY3920SV1627029 02/26/2019 gps trucks 100-33-6110 499.75 NETWORKFLEET INC CITY392 OSV1653316 03/04/2019 gps truck 100-33-6110 517.48 Vendor NETWORKFLEET INC Total: 1,017.23 Vendor: NORTHWESTERN UNIVERSITY CENTER FOR NORTHWESTERN UNIVERSITY 13134 03/04/2019 STAFF & COMMAND- K. 100-22-5420 4,748.00 Vendor NORTHWESTERN UNIVERSITY CENTER FOR Total: 4,748.00 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 19355100 03/04/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19355101 03/04/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19355102 03/04/2019 Total Nitrogen Sample 510-32-6110 60.00 PDC LABORATORIES INC 19355103 03/04/2019 Inv# 19355103 -Jan 2019 510-31-5110 562.50 Vendor PDC LABORATORIES INCTotal: 742.50 Vendor: PETROCHOICE LLC PETROCHOICE LLC 10837905 03/04/2019 fuel 10837905 510-32-6250 332.72 PETROCHOICE LLC 10837909 03/04/2019 FUEL10837909 100-22-6250 764.34 PETROCHOICE LLC 10844311 03/04/2019 PETROCHOICE-10844311 510-35-6250 255.46 PETROCHOICE LLC 10844324 03/04/2019 Fuel Bill 100-03-6250 43.78 PETROCHOICE LLC 10844325 03/04/2019 FUEL-10844325 510-32-6250 183.91 PETROCHOICE LLC 10844326 03/04/2019 FUEL-10844326 510-31-6250 254.46 PETROCHOICE LLC 10844327 03/04/2019 Fuel 100-45-6250 239.72 PETROCHOICE LLC 10844328 03/04/2019 FUEL-10844328 100-33-6250 1,913.63 PETROCHOICE LLC 10844329 03/04/2019 FUEL 10844329 100-22-6250 1,329.74 PETROCHOICE LLC 10851997 03/04/2019 fuel10851997 510-35-6250 213.95 PETROCHOICE LLC 10852015 03/04/2019 fuel 10852015 510-32-6250 389.97 PETROCHOICE LLC 10852016 03/04/2019 fuel 10852016 510-31-6250 55.38 PETROCHOICE LLC 10852017 03/04/2019 Fuel 100-45-6250 247.23 PETROCHOICE LLC 10852019 03/04/2019 FUEL 10852019 100-22-6250 1,469.45 PETROCHOICE LLC 10859015 03/04/2019 PETRO-10859015 510-35-6250 211.86 PETROCHOICE LLC 10859032 03/04/2019 PETRO-10859032 510-32-6250 410.46 PETROCHOICE LLC 10859033 03/04/2019 PETROCHOICE-10859033 510-31-6250 181.78 PETROCHOICE LLC 10859036 03/04/2019 PETRO-10859036 100-33-6250 1,119.75 PETROCHOICE LLC 10859037 03/04/2019 FUEL 10859037 100-22-6250 1,511.92 Vendor PETROCHOICE LLC Total: 11,229.51 Vendor: PLATINUM HEATING & COOLING INC PLATINUM HEATING & 7864 03/04/2019 Step Screen Building -Boiler 510-32-6110 465.00 Vendor PLATINUM HEATING & COOLING INC Total: 465.00 Vendor: PRAIRIELAND DISPOSLA PRAIRIELAND DISPOSLA 92800001 03/04/2019 garbage stickers invoice 100-01-6110 8,000.00 Vendor PRAIRIELAND DISPOSLA Total: 8,000.00 Vendor: PROSHRED SECURITY PROSHRED SECURITY 990038150 03/04/2019 MONTHLY SHREDDING 100-22-5110 53.00 Vendor PROSHRED SECURITY Total: 53.00 2/27/2019 12:58:56 PM Expense Approval Register Packet: APPK1701411- 3-4-19 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: QUALITY TIRE SERVICE QUALITY TIRE SERVICE 51485 03/04/2019 469 100-33-5370 160.50 Vendor QUALITY TIRE SERVICE Total: 160.S0 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PESTSOLUTIONS INC 144238 03/04/2019 Pest Control 100-45-5110 98.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 98.00 Vendor: SICALCO LTD SICALCO LTD 69149 03/04/2019 calcium chloride #69149 270-00-6110 1,651.98 SICALCO LTD P014278 03/04/2019 calcium chloride invoice 270-00-6110 1,329.90 Vendor SICALCO LTD Total: 2,981.88 Vendor: STATE CHEMICAL STATE CHEMICAL 900886250 03/04/2019 Powder Dam 510-32-6110 296.03 Vendor STATE CHEMICAL Total: 296.03 Vendor: STATE TREASURER STATE TREASURER 55236 03/04/2019 Traffic Light Maint. Invoice 100-33-5110 7,702.50 Vendor STATE TREASURER Total: 7,702.50 Vendor: SYNCB/AMAZON SYNCB/AMAZON 1231 2/10/19 03/04/2019 BINDERS 100-22-6210 36.91 SYNCB/AMAZON 2/10/191231 03/04/2019 BLUE RAY DISCS 100-22-6210 68.15 Vendor SYNCB/AMAZON Total: 105.06 Vendor: TEXAS REFINERY CORP TEXAS REFINERY CORP 169442 03/04/2019 Case of Grease 510-32-5380 453.16 Vendor TEXAS REFINERY CORP Total: 453.16 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 20472 03/04/2019 CANINE TRAINING 100-22-6310 650.97 Vendor TOPS IN DOG TRAINING CORP Total: 650.97 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFICCONTROL& 100136 03/D4/2019 honorary street sign 100-33-6110 217.90 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 217.90 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 075284 03/04/2019 REPLACE CABLE 326 100-22-5370 75.00 Vendor ULTRA STROBE COMMUNICATIONS INCTotal: 75.00 Vendor: UNITED LABORATORIES UNITED LABORATORIES INV247991 03/04/2019 wipes 100-33-6110 245.18 Vendor UNITED LABORATORIES Total: 24S.18 Vendor: USA BLUEBOOK USA BLUEBOOK 813924 03/04/2019 Yard Hydrant fittings 510-32-6110 211.38 Vendor USA BLUEBOOK Total: 211.38 Vendor: WHOLESALE DIRECT INC WHOLESALE DIRECT INC 237623 03/04/2G19 bulbs 100-33-5370 73.61 WHOLESALE DIRECT INC 237737 03/04/2019 light bar parts 100-33-5370 651.97 Vendor WHOLESALE DIRECT INC Total: 725.58 Grand Total: 73,673.75 2/27/2019 12:58:56 PM Expense Approval Register Fund Summary Fund 100-GENERAL FUND 270- MOTOR FUEL TAX FUND 510- WATER/SEWER FUND 620- INFORMATION TECHNOLOGY FUND 2/27/2019 12:58:56 PM Grand Total: Expense Amount 57,987.10 2,981.88 11,182.58 1,522.19 73,673.75 Packet: APPKTO1411- 3-4-19 RECT INVOICE Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: March 4, 2019 Regular City Council Meeting RE: Final Plat of Subdivision Approval for McHenry Senior Partners Subdivision and a Variance from Section 6.13 to allow above -ground structures along Bull Valley Road for property located at the northeast corner of Bull Valley Road and Ridgeview Drive ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated February 20, 2019 3. Ordinance approving the Final Plat of McHenry Senior Partners Subdivision 4. Preliminary Plat of Subdivision McHenry Senior Partners Subdivision 5. Final Plat of Subdivision McHenry Senior Partners Subdivision AGENDA ITEM SUMMARY: Council is being asked to approve the Final Plat of Subdivision for McHenry Senior Partners Subdivision located at the northeast corner of Bull Valley Road and Ridgeview Drive. BACKGROUND: The subject property is part of a larger tract of land which wraps From Bull Valley Road to Illinois Route 31 and consists of approximately 5.825 acres. The applicant is proposing to subdivide a smaller tract of land off from a larger piece. Additionally, the applicant is requesting a variance from Section 6.13 of the Subdivision Control and Development Ordinance, which requires all new subdivisions to bury existing utility structures. The Ordinance states: Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us "6.13 Public Utilities, Underground. All new subdivisions shall be provided with a complete system of underground public utilities including without limitation telephone, gas, electric, and cable television. Existing or relocated above ground utility structures located within or along the perimeter of a new subdivision shall be buried." The variation provision states: "Variations from the provisions of these regulations may be authorized by the City Council, after recommendation by the Planning and Zoning Commission, in accordance with the provisions of this Section, if it finds an extraordinary hardship or practical difficulty that results from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal." ANALYSIS: Staff has reviewed the plat, spoken to the City Engineer, and believes the final plat is in substantial conformance with the preliminary plat approved last year (attached). Staff has found the plat to be in substantial conformance with all city ordinances relating to a final plat of subdivision and would recommend approval of the final plat. The following is the statement of justification/criteria for the applicant's requested variation from Section 6.13 Public Utilities, Underground. Statement of Justification (submitted by applicant). In applying for a variance from these regulations, the subdivider or developer shall demonstrate in writing that: 1. The granting of the variance is in keeping with the overall purpose and intent of these regulations, and will not be detrimental to the public health, safety, or general welfare; and Response: The existing overhead poles adjacent to the subject property are consistent along the Bull Valley Corridor and will not be detrimental to the public health, safety and general welfare if it is not buried. 2. The conditions on which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property; and Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Response: If the City required for the overhead poles to be buried adjacent to the subject property, this would be the only property in the surrounding area along Bull Valley Road that would be buried and the look and feel along Bull Valley Road would not be consistent. 3. The granting of the variance will alleviate a practical difficulty or particular hardship due to the physical surroundings, shape or topographic conditions of the specific property involved; and Response: It would not be practical for the Utility companies to come out and bury the overhead lines along Bull Valley Road along our subject property since they are aerial for a long stretch to the east and west of the property. If they lines are buried in the future, it would be more practical for the entire stretch to be buried at one time. 4. The granting of the variance will not negatively affect adjacent properties Response: Since all of the properties currently have overhead poles adjacent to their properties, this will be a consistent look and feel along Bull Valley Road and will not negatively affect adjacent properties. Staff believes the variance is justified particularly due to the planned future roadway expansion (Bull Valley Road) and the reasons pointed out by the applicant. While any future roadway expansion will occur, as part of an overall plan McHenry County has -there is no definitive timetable. Burying the power lines and then having to relocate them in the future does not make sense and is impractical. Staff supports the requested variance. A similar variance was granted to the Ricky Rockets Subdivision along Chapel Hill Road. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of the Final Plat of Subdivision: McHenry Senior Partners Subdivision prepared by Compass Surveying Ltd. dated 6/29/18 with a latest revision date of 1/2/19 and a Variance from Section 6.13 of the Subdivision Control and Development Ordinance Section to allow above -ground structures along Bull Valley Road with the following conditions: 1. Compliance with all revisions and comments pertaining to site engineering by Staff; City engineer and McHenry County Highway Division; 2. Plat must be recorded within six months of City Council approval by ordinance and; Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 3. A stormwater permit, along with a stormwater pollution prevention plan, shall be submitted and approved by the city engineer and staff prior to construction or any site work being completed. 4. Monetary contribution shall be made in lieu of bike path construction along Bull Valley Road. RECOMMENDATION: Therefore, if Council concurs with the Planning & Zoning Commission, it is recommended that a motion be made to approve an Ordinance granting approval of the final plat of subdivision of McHenry Senior Partners Subdivision and a variance from the subdivision control and development Ordinance, Section 6.13, requiring above -ground structures along the perimeter of a new subdivision to be buried in the City of McHenry, McHenry County, Illinois. 'ti: ,-.r3 s% ~i`}f F i� .�, L:v� _ . �': •'` i f i 4 1 - �%�'t ~QA7��Y' 3f� {1r t�` � "� i, t� r A ), r ti 1, k t " � ni f� i 'iy1 S -i t �tiy , i i� � �. t�ir � � ;'i � � U l � I 1 S 1 1i i',i � � � n i•' � r dot .i � �ti � s" ,� , #� , f ,��+�k�ds� �.; a��f�. i L7�' k,��t�. .- �ii�; f i �i 1 'r { �- �i ' �f e X, i 1 ,' e� I 1 i 6 ;c 1 ` t t , � i , A k J� t� p. f :a.': ..s,�_ ?� � ___ � � _ —• __ ,— j—,' .+ Fj ,. �. ?r`'= Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Unapproved Planning and Zoning Commission Minutes dated February 20, 2019 File No. Z-943 Final Plat of Subdivision: McHenry Senior Partners Subdivision; and Variance from the Subdivision Control and Development Ordinance Section 6.13 To allow above -ground structures along Bull Valley Road. Chairman Strach called the discussion to order at 7:35 p.m. regarding File No. Z-943 an application for a Final Subdivision Plat Approval for McHenry Senior Partners Subdivision and Variance from Section 6.13 of the Subdivision Control and Development Ordinance to allow above -ground structures along Bull Valley Road with Conditions. In attendance was Andrew Heinen - Civil Engineer, Kimley-Horn, 1001 Warrenville Road, Lisle, IL. Mr. Heinen stated he is present representing Troy Bertsch, the developer and future owner of the property. Mr. Heinen stated this is the final plat process since the preliminary plat has already been approved. Director Martin provided the Commission with the Staff Report regarding this matter stating the subject property is part of a larger tract of land which wraps around from Bull Valley Road to Illinois Route 31 and consists of approximately 5.825 acres. The applicant is proposing to subdivide a smaller tract of land off from a larger piece. Additionally, the applicant is requesting a variance from Section 6.13 of the Subdivision Control and Development Ordinance, which requires all new subdivisions to bury existing utility structures. The Final Plat of Subdivision for the subject property was presented. Director Martin stated Staff has reviewed the plat, spoken to the City Engineer and believes the final plat is in substantial conformance with the preliminary plat approved last year. Staff has found the plat to be in substantial conformance with all city ordinances relating to a final plat of subdivision and would recommend the Planning and Zoning Commission recommend approval of the final plat. A statement of justification/criteria submitted for the applicant's requested variation from Section 6.13 Public Utilities, Underground, was presented. Director Martin stated Staff believes the variance is justified particularly due to the planned future roadway expansion (Bull Valley Road) and the reasons stated in the statement of justification/criteria submitted by the applicant. He further stated that while any future roadway Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us expansion will occur as part of an overall plan McHenry County has, there is no definitive timetable and burying the power lines and then having to relocate them in the future does not make sense and is impractical. Director Martin remarked a similar variance was granted to the Ricky Rockets Subdivision along Chapel Hill Road. Director of Economic Development Martin stated Staff recommends approval of the Final Plat of Subdivision: McHenry Senior Partners Subdivision prepared by Compass Surveying Ltd. dated 6/29/18 with a latest revision date of 1/2/19 and Variance from Section 6.13 of the Subdivision Control and Development Ordinance to allow above -ground structures along Bull Valley Road with conditions as presented. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty inquired if sidewalks are being added. Director Martin stated there will be sidewalks along Ridgeview and noted one of the conditions of his recommendation is that a monetary contribution is made in lieu of bike path construction along Bull Valley Road. He further noted the petitioner is also dedicating 20' of right of way along Bull Valley Road. Motion by Miller, seconded by Sobotta, to recommend to City Council that the Final Plat of Subdivision for McHenry Senior Partners Subdivision prepared by Compass Surveying Ltd. dated 6/29/18 with a latest revision date of 1/2/19 and Variance from Section 6.13 of the Subdivision Control and Development Ordinance to allow above -ground structures along Bull Valley Road, be approved, subject to the following conditions, as presented: • Compliance with all revisions and comments pertaining to site engineering by Staff; City engineer and McHenry County Highway Division; • Plat must be recorded within six months of City Council approval by ordinance and; • A storm water permit, along with a storm water pollution prevention plan, shall be submitted and approved by the city engineer and staff prior to construction or any site work being completed; • Monetary contribution shall be made in lieu of bike path construction along Bull Valley Road Voting Aye: Doherty, Gurda, Miller, Sobotta, Strach, and Walsh. Voting Nay: None. Not Voting: None. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Abstaining: None. Absent: Thacker. Motion carried 6-0 Chairman Strach closed the discussion regarding File No. Z-943 at 7:40 p.m. Respectfully submitted, Shawn Strach, Chairman City of McHenry Planning & Zoning Commission CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1933 An Ordinance granting approval of the Final Plat of Subdivision of McHenry Senior Partners Subdivision and a Variance from the Subdivision Control and Development Ordinance Section 6.13 Requiring above -ground structures along the perimeter of a new subdivision to be buried in the City of McHenry, McHenry County, Illinois Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 4, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th day of March 2019. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO 19-1q3; AN ORDINANCE GRANTING APPROVAL OF THE FINAL PLAT OF SUBDIVISION OF MCHENRY SENIOR PARTNERS SUBDIVISION AND A VARIANCE FROM THE SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE SECTION 6.13 REQUIRING ABOVE -GROUND STRUCTURES ALONG THE PERIMETER OF A NEW SUBDIVISION TO BE BURIED IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, Troy Bersch, 802 E 861h Street, Indianapolis, IN 46204 ("Owner") is requesting approval of a the Final Plat of Subdivision of McHenry Senior Properties Subdivision and a Variance from the Subdivision Control and Development Ordinance Section 6.13; and WHEREAS, the Planning and Zoning Commission has reviewed the final plat and requested variance at a public meeting held February 20, 2019 and provided a written record of this meeting and its recommendation to the City Council; and WHEREAS, the City Council finds that the approval of the final plat and variance are conformance with the Ordinances of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the Final Plat of Subdivision of McHenry Senior Partners Subdivision prepared by Compass Surveying dated 6/29/18 with a latest revision date of 1/2/19 and a Variance from Section 6.13 of the Subdivision Control and Development Ordinance to allow above -ground structures along Bull Valley Road are hereby approved subject to the following conditions: • Compliance with all revisions and comments pertaining to site engineering by Staff; City engineer and McHenry County Highway Division; • Plat must be recorded within six months of City Council approval by ordinance and; • A stormwater permit, along with a stormwater pollution prevention plan, shall be submitted and approved by the city engineer and staff prior to construction or any site work being completed. Department of Economic Development Douglas Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us • Monetary contribution shall be made in lieu of bike path construction along Bull Valley Road SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect and after its passage, approval and publication in pamphlet form as provided by law. PASSED THIS DAY OF .2019 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2019 DEPUTY CITY CLERK Debra Meadows MAYOR Wayne S. 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G p.0 - nJflK MT, pq a AQ E.4 .T — _— aROM: YipAQ — YCAw 01E llE Na.A,] lauYu Slap AGIES (m IGW wE1) (P,Tfp a YfglRl® AI.{/.l) L].]1V 1 OF 2 2 McHenry VFW Post 4600 Queen of Hearts Operational Changes / Improvements Parkinu Improvements: The VFW is expanding its parking lot adding over 250 parking spaces to the existing lot. With this expansion there will be over 400 parking spots designated for use. Even with the use of grass/gravel areas for parking during the last raffle event this will provide for an additional 50- 100 parking spots. With the parking improvements to the property there will be no more designated parking on the south of Route 120 in overflow lots. This will reduce the amount of pedestrian foot traffic in and around 120. Tickets Sales: Cost: The price of tickets are being changed from 6 tickets for $5 to one ticket for $5. This change will greatly reduce the amount of tickets sold which will reduce the amount of time players remain on the property to fill out tickets. Ticket Sales Trailer: We have ordered a new trailer that will be used for ticket sales. This will allow us to better manage the flow of the sales lines and customers, while at the same time controlling the number of occupants inside the VFW building. Ticket Sales Times: Ticket sales would be reduced from 6 days a week to 4 days a week except for the final draw down week which would offer sales every day of the week. Weekly sales times would be as follows: Tuesdays 11 am-8pm Thursdays 11 am-8pm Saturdays 9am-5pm Sundays 9am-5pm This would eliminate any traffic issues or congestion on Mondays, Wednesdays and Fridays. Crowd Control Improvements: Sidewalks: We are installing additional sidewalks in front of the building that will be used to better manage the flow of customers during ticket sales. Crowd Management: • We have purchased crowd control barriers that will be used to direct the customers while in line for tickets. • Traffic and crowd control staffing will be increased on the property to ensure the optimal flow of vehicle and foot traffic. • Additional signage will be installed on the lot to direct customers on parking once on the property.