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HomeMy WebLinkAboutv - November 16, 2011 CC472 NOVEMBER 16, 2011 VOLUME LXXVI COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on November 16, 2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember F. John Steffen. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE NOVEMBER 2, 2011, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the November 2, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 11-191 ADOPTED AUTHORIZING EXECUTION OF ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 WITH BAXTER & WOODMAN, INC. (NORTH MCLEAN RESURFACING PROJECT) Councilmember Powell made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Councilmember Moeller abstained due to a conflict of interest. Resolution No. 11-191 RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 WITH BAXTER & WOODMAN, INC. (North McLean Resurfacing Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Engineering Services Agreement Amendment No. 1 with VOLUME LXXVI NOVEMBER 16, 2011 473 Baxter & Woodman, Inc. on behalf of the City of Elgin in connection with the North McLean Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 Adopted: November 16, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to pass Ordinance Nos. G47-11 and G48-11 and adopt Resolution Nos. 11-183 through 11-190 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 11-183 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH URS CORPORATION FOR THE WILLARD AVENUE/ILLINOIS STREET/VAN NOSTRAND PLACE/ERIE STREET SPECIAL ASSESSMENT DISTRICT PROJECT (SPECIAL ASSESSMENT AREA V) Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-183 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH URS CORPORATION FOR THE WILLARD AVENUE/ILLINOIS STREET/VAN NOSTRAND PLACE/ERIE STREET SPECIAL ASSESSMENT DISTRICT PROJECT (Special Assessment Area V) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute amendment agreement no. 1 on behalf of the City of Elgin with URS Corporation for the Willard/Illinois Street/VanNostrand Place/Erie Street Special NOVEMBER 16, 2011 VOLUME LXXVI 474 Assessment District Project (Special Assessment Area V), a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-184 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR LIME SLAKER AND FEEDER REPLACEMENT AT THE AIRLITE STREET WATER TREATMENT PLANT Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-184 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS COMPANY FOR LIME SLAKER AND FEEDER REPLACEMENT AT THE AIRLITE STREET WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute agreement on behalf of the City of Elgin with Smith Ecological Systems Company for lime slaker and feeder replacement at the Airlite Street water treatment plant, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVI NOVEMBER 16, 2011 475 Presented: November 16, 2011 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-185 ADOPTED APPROVING CHANGE ORDER NO. 3 AND FINAL FOR THE CONTRACT WITH ULTRASTROBE COMMUNICATIONS, INC. FOR INSTALLATION AND MAINTENANCE SERVICES REGARDING INTERIOR EMERGENCY LIGHTING SYSTEMS FOR POLICE VEHICLES Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-185 RESOLUTION APPROVING CHANGE ORDER NO. 3 AND FINAL FOR THE CONTRACT WITH ULTRASTROBE COMMUNICATIONS, INC. FOR INSTALLATION AND MAINTENANCE SERVICES REGARDING INTERIOR EMERGENCY LIGHTING SYSTEMS FOR POLICE VEHICLES WHEREAS, the City of Elgin has heretofore entered into a contract with Ultrastrobe Communications, Inc. for installation and maintenance services regarding interior emergency lighting systems for police vehicles; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3 and Final, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and directed to execute Change Order No. 3 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 NOVEMBER 16, 2011 VOLUME LXXVI 476 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-186 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHAYA FRIEDMAN, DOING BUSINESS AS DACRA, FOR SOFTWARE TO ENHANCE THE POLICE ADMINISTRATIVE ADJUDICATION SYSTEM Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-186 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHAYA FRIEDMAN, DOING BUSINESS AS DACRA, FOR SOFTWARE TO ENHANCE THE POLICE ADMINISTRATIVE ADJUDICATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Chaya Friedman, doing business as Dacra, for software to enhance the police administrative adjudication system, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 VOLUME LXXVI NOVEMBER 16, 2011 477 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-187 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHAYA FRIEDMAN, DOING BUSINESS AS DACRA, FOR SOFTWARE FOR A HOME RULE CODE ENFORCEMENT ADMINISTRATIVE ADJUDICATION PROGRAM Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-187 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHAYA FRIEDMAN, DOING BUSINESS AS DACRA, FOR SOFTWARE FOR A HOME RULE CODE ENFORCEMENT ADMINISTRATIVE ADJUDICATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Chaya Friedman, doing business as Dacra, for software for a home rule code enforcement administrative adjudication system, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 NOVEMBER 16, 2011 VOLUME LXXVI 478 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-188 ADOPTED AUTHORIZING EXECUTION OF A FAÇADE IMPROVEMENT PROGRAM AGREEMENT WITH MICHAEL BUTIRRO (64 S. GROVE AVENUE) Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-188 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH MICHAEL BUTIRRO (64 S. Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with Michael Butirro for the property commonly known as 64 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI NOVEMBER 16, 2011 479 RESOLUTION 11-189 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-189 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Thomas Lohbauer and Charles Kellenberger be and are hereby reappointed as members of the Building Commission, for terms that expired on May 1, 2014. BE IT FURTHER RESOLVED that Thomas Lohbauer and Ronald Ruffie be and are hereby reappointed as a members of the Electrical Committee for terms that expire on May 1, 2014. BE IT FURTHER RESOLVED that J. Patrick Hudgen be and is hereby appointed as a member of the HVAC Committee, for a term that expire on May 1, 2014. BE IT FURTHER RESOLVED that Tom Wahl be and is hereby appointed as a member of the Plumbing Committee, for a term that expire on May 1, 2014. BE IT FURTHER RESOLVED that Steven Stroud, Spring/Douglas Historic District, Dennis Roxworthy, D.C. Cook/Lovell Area Historic District, John Roberson, Elgin National Watch Historic District and Patricia Segel, Elgin Historic District, be and are hereby appointed as a members of the Heritage Commission Design Review Subcommittee, for terms that expire on June 30, 2012. BE IT FURTHER RESOLVED that Robert Beeter be and is hereby appointed as the Chair of the Elgin Emergency Telephone System Board, for a term that expires May 1, 2014. BE IT FURTHER RESOLVED that Dr. Ronald L. Hirsch be and is hereby reappointed as a member of the Board of Health, for terms that expire on May 1, 2014. BE IT FURTHER RESOLVED that Gary A. Lichthardt, be and is hereby appointed as a members of the Property Maintenance Board of Appeals, for terms that expire on May 1, 2016. BE IT FURTHER RESOLVED that Chris Manheim be and is hereby reappointed as a member of the Bicycle and Pedestrian Advisory Committee, for a term that expires September 30, 2014. NOVEMBER 16, 2011 VOLUME LXXVI 480 BE IT FURTHER RESOLVED that Wayne Heinmiller be and is hereby appointed as a member of the Bicycle and Pedestrian Advisory Committee, for a term that expires September 30, 2014. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-190 ADOPTED RATIFYING THE EXECUTION OF AN AMENDED RIDER TO REAL ESTATE CONTRACT (162 SUMMIT STREET - NSP PROPERTY) Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-190 RESOLUTION RATIFYING THE EXECUTION OF AN AMENDED RIDER TO REAL ESTATE CONTRACT (162 Summit - NSP Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an amended rider to real estate contract by Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, regarding the sale of 162 Summit Street to Elizabeth Femal, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVI NOVEMBER 16, 2011 481 Presented: November 16, 2011 Adopted: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G47-11 AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT” Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G47-11 AN ORDINANCE AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT” WHEREAS, incidents requiring fire and other emergency services response activities continue to increase each year; and, WHEREAS, compliance with regulations and requirements of the Environmental Protection Agency, the Department of Homeland Security, and other governmental entities involve additional equipment and training that create additional demands on all operational aspects of fire department services; and, WHEREAS, the City of Elgin has investigated different methods of maintaining a high level of quality with respect to fire and other emergency services capability throughout times of constantly increasing service demands; and, WHEREAS, maintaining an effective response by the fire department of the City of Elgin decreases the cost of incidents to individuals, businesses, and insurance carriers through timely and effective management of emergency situations, saving lives, and reducing property and environmental damage; and, WHEREAS, increasing property taxes to meet the increases in service demands would not be equitable to property owners when a portion of those taxes is already utilized to provide for such services; many of the motor vehicle incidents and other emergency services provided by the fire department involve individuals not owning property or paying taxes in the City of Elgin; NOVEMBER 16, 2011 VOLUME LXXVI 482 and the ability of the fire department to effectively respond decreases the liability of insurance companies by saving lives and minimizing property and environmental damage; and, WHEREAS, the City Council desires to establish and implement a program to collect mitigation rates for the deployment of certain emergency services by the fire department of the City of Elgin for services provided and/or rendered by the fire department; and, WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the Illinois Constitution; and, WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, and the power to abate public nuisances; and, WHEREAS, an ordinance providing for the collection of mitigation rates for the deployment of certain fire and emergency services by the fire department pertains to the government and affairs of the City of Elgin and is in the best interest of the citizens of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled “Fire Department” be and is hereby amended by creating a new section 2.40.225, entitled “Mitigation Rates for Certain Emergency Services,” to read as follows: “2.40.225: MITIGATION RATES FOR CERTAIN EMERGENCY SERVICES The city hereby establishes cost mitigation rates for the deployment of certain emergency services by the fire department of the city for services provided and/or rendered, including the provision of personnel, supplies and equipment to the scene of motor vehicle incidents and other emergency incidents as provided below, which are based on the actual costs of the services and those costs that are usual, customary and reasonable (UCR): A. MOTOR VEHICLE INCIDENTS Level 1 - $435.00 Provision of hazardous materials assessment, scene stabilization and basic response services. VOLUME LXXVI NOVEMBER 16, 2011 483 Level 2 - $495.00 Includes provision of Level 1 services, as well as clean up and material used (sorbents) for hazardous fluid clean-up and disposal. Billing at this Level will occur if the fire department of the city must clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 3 - $605.00 Relating to a car fire, provision of scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, exposure protection, and clean-up of gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 4 - $1,800.00 Includes provision of Levels 1 and 2 services, as well as extrication (heavy rescue tools, ropes, airbags, cribbing, etc.). Billing at this Level will occur if the fire department of the city is required to free/remove anyone from the vehicle(s) using any powered equipment. Billing at this Level will not occur if the person to be extricated is unconscious or unable to move and the fire department is able to open a door to the vehicle to access and safely remove the person. Level 5 - $2,200.00 Includes provision of Levels 1, 2 and 4 services as well as Air Care (multi -engine company response, mutual aid, helicopter). Billing will occur at this Level any time a helicopter is utilized to transport the patient(s). Level 6 – Itemized Response (Billed to Residents and Non-Residents As Appropriate) In the case of an unusual incident, the fire department of the city may bill each incident as an independent incident with actual costs and/or customary mitigation rates using itemized rates deemed usual, customary and reasonable (UCR). Such incidents will be billed using itemized amounts for apparatus and personnel, plus products and equipment used. B. HAZMAT Level 1 - Basic Response - $700.00 Provision of basic response services including engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. Level 2 - Intermediate Response - $2,500.00 NOVEMBER 16, 2011 VOLUME LXXVI 484 Includes provision of Level 1 services as well as hazmat certified team and appropriate equipment, Level A or B suit donning, breathing air, detection equipment, and set-up and removal of decon center as necessary. Level 3 - Advanced Response - $5,900.00 (Includes 3 hours of on-scene time – each additional hour in excess of 3 Hours is $300.00 per HAZMAT Team) Includes provision of Levels 1 and 2 services as well as robot deployment, recovery and identification of material, disposal and environmental clean-up. Also includes any disposal rates for contaminated equipment and material used at scene. C. PIPELINE INCIDENTS/POWER LINE INCIDENTS (Includes, but not limited to: Gas, Sewer, Septic to Sewer, and Water Pipelines) Level 1 – Basic Response - $400.00 Provision of basic response services including engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command. Also includes inspection without damage or breakage. Level 2 - Intermediate Response - $1,000.00 Includes provision of Level 1 services as well as hazmat certified team and appropriate equipment, Level A or B suit donning, breathing air, detection equipment, and the supervision and/or assisting of pipeline repair. Level 3 - Advanced Response - Itemized Claim Charges Includes provision of Levels 1 and 2 services as well as supervision and or assisting of intermediate to major pipeline damage, set-up and removal of decon center, detection, recovery and identification of material, disposal and environmental clean - up. D. FIRE INVESTIGATION Fire Investigation Team - $275.00 per hour. Fire investigation services include scene safety, investigation, source identification, K-9/Arson Dog Unit, identification equipment, mobile detection equipment and fire report. The claim begins when the fire investigator or investigation team responds to the incident and is billed for logged time only. E. FIRES Assignment - $400.00 per hour, per engine/$500.00 per hour, per truck VOLUME LXXVI NOVEMBER 16, 2011 485 Fire services include scene safety, investigation, and fire/hazard control. F. WATER INCIDENTS (Billed to Non-Residents Only) Level 1 - Basic Response - $400.00 plus $50.00 per hour, per rescue person Provision of basic response services including engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact and hazard control). Level 2 - Intermediate Response - $800.00 plus $50.00 per hour, per rescue person Provision of Level 1 services as well as clean-up and material used (sorbents), minor hazardous clean-up and disposal. Billing will occur at this Level if the fire department of the city must clean up small amounts of gasoline or other fluids that are spilled as result of the incident. Level 3 – Advanced Response - $2,000.00 plus $50.00 per hour, per rescue person and $100.00 per hour per HAZMAT team member. Provision of Levels 1 and 2 services as well as D.A.R.T. activation, donning breathing apparatus, detection equipment, set up and removal of decon center, recovery and identification of material, and disposal and environment clean up. Also includes any disposal rates of contaminated equipment and material used at scene. Level 4 – Itemized Response In the case of an unusual incident, the fire department of the city may bill each incident as an independent incident with actual costs and/or customary mitigation rates using itemized rates deemed usual, customary and reasonable (UCR). Such incidents will be billed using itemized amounts for each trained rescue person plus rescue products and equipment used. G. SPECIAL RESCUE Itemized Response – Minimum of $400.00 per hour, per emergency response, plus $50.00 per hour, per rescue person. Each incident will be billed in accordance with actual costs and/or customary mitigation rates using itemized rates deemed usual, customary and reasonable (“UCR”), subject to the minimum amounts set forth above. Such incidents will be billed using itemized amounts for each apparatus and each trained rescue person per hour, plus rescue products and equipment used. NOVEMBER 16, 2011 VOLUME LXXVI 486 H. CHIEF RESPONSE Itemized response - $250.00 per hour. Chief response services will be charged when the Fire Chief for the fire department of the city directly responds to an incident, including the set-up of command and providing direction of the operations, safety, and administration of the incident. I. IMPLEMENTATION AND PROCEDURES 1. The mitigation rates above are flat fees, except for itemized responses, and have been determined to be usual, customary and reasonable for the incident responses listed. The mitigation rates were determined by itemizing costs for a typical incident (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (based upon an average department’s “actual personnel expense,” and not just a firefighter’s basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers’ compensation, insurance, etc. When a claim is submitted, it will be itemized and based on the actual services provided in accordance with the above rates. 2. The mitigation rates shall represent an additional cost of the claim for damages of the vehicles, property and/or injuries, and shall be filed with the insurance carrier of the owner of the vehicle, owner of the property, or the responsible party(ies) as set forth above. In some circumstances, the responsible party will be billed directly. 3. The costs and mitigation rates set forth in this section shall not be charged to any person that is a resident of the City of Elgin at the time of the incident for which the charges were incurred. a. For the purposes of this section, a “resident” is defined as the following: (i) any person that maintains his or her permanent residence within the corporate limits of the City of Elgin; (ii) any person that is the majority owner of a business that operates from real property that is owned by the business and located within the City of Elgin; or (iii) any business that operates from real property that is owned by the business and located within the City of Elgin. b. For the purposes of this section, a “business” includes any joint stock company, corporation, association, joint venture, limited liability company, club or partnership, whether for-profit or not-for-profit. 4. Responses involving intoxicated drivers, hazmat clean-up, intentional or negligent acts, or any act that violates any local, state or federal law or regulation, may be subject to all applicable mitigation rates regardless of residency. VOLUME LXXVI NOVEMBER 16, 2011 487 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 Passed: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 16, 2011 Published: November 18, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G48-11 AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT” Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G48-11 AN ORDINANCE AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled “Fire Department” be and is hereby amended by creating a new section 2.40.225, entitled “Automatic Dialing Alarm Requirements,” to read as follows: “2.40.225: AUTOMATIC DIALING ALARM REQUIREMENTS: Any automatic dialing telephone alarm or device installed and operated that dials any City fire department telephone line, or that causes the number 9-1-1 to be dialed in order to directly access emergency services, is prohibited. No person NOVEMBER 16, 2011 VOLUME LXXVI 488 will install, or cause to be installed, or maintain or cause to be maintained, any automatic dialing telephone alarm that dials any City fire department telephone line, or that dials the number 9-1-1. Any such automatic dialing telephone alarm or device that dials any City fire department telephone line, or that dials the number 9-1-1, must be reprogrammed, removed or deactivated by the owner thereof at the owner’s expense, within thirty (30) days following the effective date hereof.” Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 16, 2011 Passed: November 16, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 16, 2011 Published: November 18, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Heritage Commission Minutes September 6 and October 4, 2011 Heritage Commission Design Review Minutes August 23 and September 13, 2011 Police Pension Fund Minutes August 8, 2011 Planning and Development Commission August 15, 2011 Zoning and Subdivision Hearing Board July 6, 2011 Committee of the Whole Minutes October 26, 2011 City Council Minutes October 26, 2011 Hotel/Motel Tax Disbursement Report VOLUME LXXVI NOVEMBER 16, 2011 489 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:06 p.m. s/ Kimberly Dewis December 7, 2011 Kimberly Dewis, City Clerk Date Approved