Committee of the Whole

1 COMMITTEE OF THE WHOLE Monday, October 27, 2014 at 7pm City Hall Council Chambers 109 James Street Geneva, IL 60134 Ald. Ron Singer, Chair AGENDA 1. Call to Order 2. Consent Agenda *3. Approve Minutes from September 29, 2014, and October 13, 2014 4. Items of Business a. Recommend Draft Ordinance Authorizing an Addendum to the Mutual Aid Box Alarm System Agreement. b. Recommend Draft Resolution Authorizing Purchase of 3-Ton Dump Truck with Snow Plow from Rush Truck Centers in the Amount of $136,500. c. Recommend Adoption of Economic Development Incentive Policy. d. Presentation – East State Street TIF #2 Status Report 5. New Business 6. Adjourn 2 COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 29, 2014 Present: Mayor Burns, Ald. Brown, Bruno, Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Seno Also Present: McKittrick, Dawkins, Untch, Evans, DeGroot 1. CALL TO ORDER The special meeting was called to order at 7pm by Mayor Burns. Ald. Seno arrived at 7:03pm. 2. ITEMS OF BUSINESS a. City Hall Space Needs – Admin. McKittrick reviewed the history of earlier discussions, along with the space needs study that was done in 2005. Many aldermen noted the difficulty in making plans when other anticipated spaces in town were still not available, specifically the issue of whether the library would stay in its space or move elsewhere. Aldermen were comfortable in waiting to see what happened with the library, as well as their upcoming discussion on home rule. McKittrick stated that this goal would be deferred. b. Home Rule – After discussion on the 2006 task force findings, and the best ways to approach educating the public, it was decided that staff would attempt to bring in Prof. James Banovetz to educate the council first, since several current aldermen were not seated in 2006. A special meeting in the next 6-8 weeks would be scheduled for this session. c. Prairie Green Preserve Wetland Mitigation Bank Update – staff was looking for direction on the future of the Preserve. Dir. Untch reviewed the initial project, including goals, mission, objectives, partners, schedule of work. Untch noted the chronology of the wetland mitigation program which began in 2004. In 2009, major flooding occurred within the area. In 2010, USACE released 25 credits for sale. In 2011, drier conditions led to problems with progress and studies were conducted. By 2014, it was determined that there were piping failures in the property, particularly regarding sufficient capacity to handle runoff north of the property. Untch relayed projected costs to repair the drainage system at approx. $30,817.00. Discussion on future ownership of the land, what, if any, repair work should be done, and whether it would be in the city’s best interest to outsource the management of the wetlands was heard. A future meeting with the City’s drainage consultant, and possible private firms for management, would be scheduled to gather more details on how best to move forward. COW MINUTES SEPT. 29, 2014 1 3 3. NEW BUSINESS 4. ADJOURNMENT On a motion by Ald. Marks, second by Ald. Singer, the meeting was adjourned by unanimous voice vote at 9:24pm. COW MINUTES SEPT. 29, 2014 2 4 COMMITTEE OF THE WHOLE MINUTES OCT. 13, 2014 1. Call to Order Chairperson Seno called the meeting to order at 7pm noting that Ald. Brown was absent. Also present: McKittrick, Dawkins, Divita, Dahl, Untch, Babica, VanGyseghem 2. Consent Agenda Moved by Ald. Bruno, second by Ald. Flanagan V/V: 9-0 Motion carried. *3. Approve Minutes from September 22, 2014 Approved on Consent Agenda 4. Items of Business a. Recommend Approval of Special Event Application for Geneva Chamber of Commerce Christmas Walk Event December 5 and 6, 2014 Moved by Ald. Cummings, second by Ald. Singer V/V: 9-0 Motion carried. b. Recommend Draft Resolution Authorizing Emergency Generator Repairs to Western Avenue Lift Station by Patten Power Systems at a Cost Not to Exceed $24,516.00 Moved by Ald. Flanagan, second by Ald. Marks V/V: 9-0 Motion carried. c. Recommend Draft Resolution Amending Site Plan Related to 3,400 Square Foot Building Addition for Recycling Center at Northern Illinois Food Bank – 273 Dearborn Court Moved by Ald. Kilburg, second by Ald. Bruno V/V: 9-0 Motion carried. d. Recommend Acceptance of City’s 2014 Comprehensive Annual Financial Report Moved by Ald. Cummings, second by Ald. Marks Sikich LLP representative Fred Lantz provided an overview of their audit report. Lantz commended the city for going through the process each year, noting that less than 1% of municipalities nationwide go through this process voluntarily. Lantz further noted the document is an excellent tool for educating constituents. Lantz outlined some changes this year notably, pension reporting guidelines, removing Tri-Com and adding the Foreign Fire Insurance report. V/V: 9-0 Motion carried. COW MINUTES – OCT. 13, 2014 1 5 e. Recommend Draft Resolution Adopting Financial Policies Moved by Ald. Marks, second by Ald. Simonian Discussion on adding the City Treasurer to the report, as well as amending the bond rating guideline from 4 to 3 was suggested by Ald. Marks and Cummings. Dahl stated those amendments would be reflected in the Oct. 27 formal approval item. V/V: 9-0 Motion carried. 5. New Business 6. Closed Session on the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of an Employee of the Public Body. Moved by Ald. Marks, second by Ald. Simonian Roll Call: Ayes: 9 Nays: 0 Motion carried. The meeting was adjourned to closed session at 7:54pm. On a motion by Ald. Marks, second by Ald. Flanagan, the meeting was brought back to opens session at 8:54. Roll Call: Ayes: 9 Nays: 0 Motion carried. 7. Adjourn Moved by Ald. Marks, second by Ald. Simonian. The meeting was adjourned by unanimous voice vote at 8:55pm. COW MINUTES – OCT. 13, 2014 2 6 AGENDA ITEM EXECUTIVE SUMMARY Consideration for the approval of an Ordinance & Addendum for Agenda Item: the Mutual Aid Box Alarm System Agreement Presenter & Title: Chief Steve Olson Date: October 27, 2014 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: -0- Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The city of Geneva has been a signatory to the Mutual Aid Box Alarm System (MABAS) agreement since 1991. It provides a structure for providing and receiving assistance for a variety of emergency incident types. Over the years Geneva has been supported through MABAS during many medium to large-scale incidents. The proposed Addendum to the master agreement was developed so that MABAS member agencies are compliant with FEMA Recovery Policy (RP9523.6) in connection with reimbursement claims for disaster mobilizations associated with the federal requirements of the Stafford Act. Some 1,175 member agencies in the State of Illinois have been requested to approve the documents. The proposed ordinance and Addendum are designed to establish guidelines for reimbursements associated with mutual aid assistance to significant events of more than eight hours. Further, they provide mechanisms for the donation of the cost of services that may be provided. A d d i t i o n a l l y , t h e A d d e n d u m r e c o g n i z e s t h e MABAS Member Agency elected and appointed Boards satisfy eligibility requirements as noted in the Recovery Policy.  Proposed ordinance, Addendum to Master MABAS Agreement, FEMA Policy RP9523.6 Recommendation / Suggested Action: (briefly explain) Consider recommending the approval of the First Addendum to the Mutual Aid Box Alarm Master Agreement and supporting Ordinance. 7 Ordinance # 2014 - ______ AN ORDINANCE AUTHORIZING AN ADDENDUM TO THE MUTUAL AID BOX ALARM SYSTEM AGREEMENT WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and, WHEREAS, Section 5 of the "Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and, WHEREAS, the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act; and, WHEREAS, the City Council of the City of Geneva has determined that it is in the best interests of this unit of local government and its residents to enter into an Addendum to the Mutual Aid Box Alarm System Agreement to secure to each the benefits of mutual aid in fire protection, firefighting, rescue, emergency medical services and other activities for the protection of life and property from an emergency or disaster and to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Geneva, Kane County, Illinois as follows: SECTION ONE: That the Mayor and the Clerk are hereby authorized and directed to execute an Addendum to the Mutual Aid Box Alarm System Agreement, a copy of said Addendum being attached hereto and being made a part hereof. ADOPTED this day of November, 2014, by a roll call vote as follows: AYES: _______ NAYS: _______ ABSENT: ________ Mayor ATTEST: Clerk 8 STATE OF ILLINOIS ) ) ss COUNTY OF KANE ) CLERK'S CERTIFICATE I, Lynn Landberg the duly qualified and acting Clerk of the City of Geneva, Kane County, Illinois, do hereby certify that attached hereto is a true and correct copy of an Ordinance entitled: ORDINANCE NO. 2014- _____ AN ORDINANCE AUTHORIZING AN ADDENDUM TO THE MUTUAL AID BOX ALARM SYSTEM AGREEMENT which Ordinance was duly adopted by said Council/Board at a meeting held on the _______day of November, 2014, I do further certify that a quorum of said Council/Board was present at said meeting, and that the Council/Board complied with all the requirements of the Illinois Open Meetings Act and its own policies, rules or regulations concerning the holdings of meetings and the taking of action during meetings. IN WITNESS WHEREOF, I have hereunto set my hand this ____day of November, 2014 Clerk 9 FEMA RP9523.6 RECOVERY POLICY L TITLE: Mutual Aid Agreements for Public Assistance and Fire Management Assistance II. DATE OF ISSUANCE: November 10, 2012 III. PURPOSE: This policy specifies criteria by which the Federal Emergency Management Agency (FEMA) will recognize the eligibility of costs under the Public Assistance Program and the Fire Management Assistance Grant (FMAG) Program incurred through mutual aid agreements between applicants and other entities. IV. SCOPE AND EXTERNAL AUDIENCE: This policy applies to all emergencies and major disasters declared on or after October 27, 2012. It will continue in effect until three years after its date of issuance. If rescinded or superseded, this policy will continue to apply to all emergencies and major disasters declared between the date in Paragraph “N” and the date it is rescinded or superseded. The policy is intended for all personnel involved in the administration of the Public Assistance Program. V. AUTHORITY: This policy applies to emergency and permanent work authorized under Sections 403, 406, 407, 420, and 502, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121-5206, and the implementing regulations of Title 44 Code of Federal Regulations (44 CPR) §204 and §206. VI. OBJECTIVES: A. The objective of this policy is to reimburse eligible applicants for work performed by other entities through mutual aid agreements. Eligible expenses must be directly related to a Presidentially-declared major disaster, emergency or fire; incurred in the performance of eligible work; and reasonable. Reimbursement will be at the Federal cost share rate established in the Presidential declaration, which is generally 75 percent. B. There are three types of mutual aid work eligible for FEMA assistance (subject to the eligibility requirements of the respective PA and FMAG programs): 1. Emergency Work - Mutual aid work provided in the performance of emergency work necessary to meet immediate threats to life, public safety, and improved property, including firefighting activities under the FMAG program; 75 10 FEMA RP9523.6 RECOVERY POLICY 2. Permanent Work- Work that is of a permanent nature but is necessary for the emergency restoration of utilities (Category F). For example, work performed to restore electrical and other power. 3. Grant Management Work- For PA only, work associated with the performance of the Grantee's responsibilities as the grant administrator, as outlined in 44 CFR §206.202(b). Use of EMAC-provided assistance to perform these tasks is eligible mutual aid work. C. This policy is applicable to all forms of mutual aid assistance, including agreements between Requesting and Providing Entities, statewide mutual aid agreements, and the mutual aid services provided under the EMAC. (See Paragraph VIII below for definition o f italicized terms). D. FEMA encourages parties to have written mutual aid agreements in place prior to a declared fire, emergency, or major disaster. VII. DEFINITIONS: 1. Backfill. Replacement personnel who perform the regular duties of other personnel while they are performing eligible work under the PA or FMAG programs. 2. Declared Emergency or Major Disaster. An emergency or major disaster as defined at 44 CFR §206.2 (a)(9) and (17) respectively. 3. Declared Fire. An uncontrolled fire or fire complex, threatening such destruction as would constitute a major disaster for which the Regional Administrator has approved a declaration in accordance with the criteria listed in 44 CFR § 20421. 4. Emergency Management Assistance Compact (EMAC). This type of interstate mutual aid agreement allows states to assist one another in responding to all kinds of natural and man-made disasters. It is administered by the National Emergency Management Association (NEMA). 5. Incident Commander. The ranking official responsible for overseeing the management of emergency or fire operations, planning, logistics, and finances of the field response. 6. Providing Entity. The entity providing mutual aid assistance to a Requesting Entity pursuant to a local or statewide mutual aid agreement. 76 11 FEMA RP9523.6 RECOVERY POLICY 7. Requesting Entity. An entity (PA eligible applicant) that requests mutual aid assistance from a Providing Entity for work resulting from a declared fire, emergency or major disaster within its legal jurisdiction. The requesting entity is eligible to receive FEMA assistance for the eligible mutual aid activities from the providing entitles. 8. Intra-slate Mutual Aid. Mutual Aid that supports local and regional mutual aid efforts within a State as well as regional mutual aid agreements and compacts involving local jurisdictions that cross State boundaries, or are adjacent to neighboring State (i.e., Kansas City, Kansas/Kansas City, Missouri, etc.). 9, Inter-state Mutual Aid. Mutual Aid that supports national mutual aid efforts requested directly between two or more States or territories through established Multi-agency Coordination Systems as directed by approved mutual aid agreements or compacts (i.e., EMAQ, etc. VIII. POLICY: A. General. 1. To be eligible for reimbursement by FEMA, the mutual aid assistance should be requested by a Requesting Entity or Incident Commander; be directly related to a Presidentially-declared emergency or major disaster, or a declared fire; used in the performance of eligible work; and the costs must be reasonable. 2. FEMA will not reimburse costs incurred by entities that "self-deploy" (deploy without a request for mutual aid assistance by a Requesting Entity) except to the extent those resources are subsequently used in the performance of eligible work at the request of the Requesting Entity or Incident Commander. 3. The reimbursement provisions of a mutual aid agreement must not be contingent on a declaration of an emergency, major disaster, or fire by the Federal government. 4. This policy is applicable to all forms of mutual aid assistance, including agreements between Requesting and Providing Entities, statewide mutual aid agreements, and the mutual aid services provided under the EMAC. 77 12 FEMA RP9523.6 RECOVERY POLICY 5. Reimbursement will be at the Federal cost share rate established in the Presidential declaration, which is generally 75 percent. B. Pre-Event Written Mutual Aid Agreements. FEMA recognizes mutual aid agreements between Requesting and Providing Entities, and statewide mutual aid agreements wherein the State is responsible for administering the claims for reimbursement of Providing Entities. In addition. FEMA recognizes the standard EMAC agreement as a valid form of mutual aid agreement between member states. 1. FEMA encourages parties to have written mutual aid agreements in place prior to a declared fire, emergency, or major disaster. a. When a pre-event written agreement exists between a Requesting Entity and a Providing Entity, the Providing Entity may be reimbursed through the Requesting Entity. In these circumstances, the Requesting Entity should claim the eligible costs of the Providing Entity, pursuant to the terms and conditions of the mutual aid agreement and the requirements of this policy, on its sub- grant application, and agree to disburse the Federal share of funds to the Providing Entity. b. When a statewide pre-event mutual aid agreement exists that designates the State responsible for administering the reimbursement of mutual aid costs, a Providing Entity may apply, with the prior consent of the Requesting Entity, for reimbursement directly to the Grantee, in accordance with applicable Stale law and procedure. In such cases the Providing Entity should obtain from the Requesting Entity the certification required in section E.3. of this policy and provide it to the State as part of its reimbursement request 2. FEMA encourages parties to address the subject of reimbursement in their written mutual aid agreement. FEMA will honor the reimbursement provisions in a pre- event agreement to the extent they meet the requirements of this policy. a. When a pre-event agreement provides for reimbursement, but also provides for an initial period of unpaid assistance, FEMA will pay the eligible costs of assistance after such initial unpaid period. b. When a pre-event agreement specifies that no reimbursement will be provided for mutual aid assistance, FEMA will not pay for the costs of assistance. C. Post-Event Mutual Aid Agreements. 78 13 FEMA RP9523.6 RECOVERY POLICY 1. When the parties do not have a pre-event written mutual aid agreement, or where a written pre-event agreement is silent on reimbursement, the Requesting and Providing Entities may verbally agree on the type and extent of mutual aid resources to be provided in the current event, and on the terms, conditions, and costs of such assistance. 2. Post-event verbal agreements must subsequently be documented in writing and executed by an official of each entity with authority to request and provide assistance, and provided to FEMA as a condition of receiving reimbursement. The agreement should be consistent with past practices for mutual-aid between the parties. A written post-event agreement should be submitted within 30 days of the Requesting Entity's Applicant's Briefing to the Regional Administrator for review and approval. D. Force Account Labor Costs. 1. The straight- or regular-time wages or salaries of a Requesting Entity's permanently employed personnel performing or supervising emergency work are not eligible costs, other than any relevant exceptions in accordance with 44 CFR §206.228(a)(2)(il) Allowable costs, Force Account Labor Costs and §204.43(c), even when such personnel are reassigned or relocated from their usual work location to provide assistance during an emergency. Overtime costs for such personnel are eligible and may be submitted as part of a sub-grant application. 2. The costs for contract labor or temporary hires performing eligible work are eligible for reimbursement. However, straight- or regular time salaries and benefits of force account labor overseeing contractors performing emergency work are not eligible in calculating the cost of eligible emergency work, other than any relevant exceptions in accordance with 44 CFR §206.228(a)(2)(il) Allowable costs, Force Account Labor Costs. The force account labor of a Providing Entity will be treated as contract labor, with regular-time and overtime wages and benefits eligible for reimbursement, provided labor rates are reasonable. When the Requesting Entity is the State or local government, the force account labor costs of the Providing Entity will not be treated as contract labor if the force account labor is employed by a governmental subdivision (such as an agency) within that Requesting Entity. 3. In circumstances where a Providing Entity is also an eligible applicant in its own right, the determination of eligible and ineligible costs will depend on the capacity in which the entity is incurring costs. As stated in paragraphs D.l. and 0.2., an 79 14 FEMA RP9523.6 RECOVERY POLICY applicant's straight-time wages are not eligible costs when the applicant is using its permanently employed personnel for emergency work in its own jurisdiction, other than any relevant exceptions in accordance with 44 CFR §206.228(a)(2)(ii) Allowable costs, Force Account Labor Costs. 4. Requesting and Providing Entities may not mutually deploy their labor forces to assist each other so as to circumvent the limitations of paragraph 0.1or 0.2. of this policy. 5. The straight·or regular-time wages or salaries for backfill personnel incurred by Providing Entitles are not eligible for reimbursement However, the overtime portion of the replacement personnel's salary is considered an additional cost of deploying personnel who perform eligible work and is eligible for reimbursement under this policy. E. Types of Mutual Aid Work. There are three types of mutual aid work that may be eligible for FEMA assistance: Emergency Work, Permanent Work and Grant Management Work. All are subject to the eligibility requirements of the respective PA and FMAG programs: 1. Emergency Work. Mutual aid work provided in the performance of emergency work necessary to meet immediate threats to life, public safety, and improved property, including firefighting activities under the FMAG program, is eligible. a. Examples of eligible emergency work include: i. Search and rescue, sandbagging, emergency medical care, debris removal; ii. Reasonable supervision and administration in the receiving jurisdiction that is directly related to eligible emergency work; iii. The cost of transporting equipment and personnel by the Providing Entity to the incident site, subject to the requirements of paragraphs A.1., 2., and 3. of this policy; iv. Costs incurred in the operation of the Incident Command System (ICS), such as operations, planning. logistics and administration, provided such costs are directly related to the performance of eligible work on the disaster or fire to which such resources are assigned; v. State Emergency Operations Center or Joint Field Office assistance in the receiving State to support emergency assistance; 80 81 15 FEMA RP9523.6 RECOVERY POLICY vi. Assistance at the National Response Coordination Center (NRCC), and Regional Response Coordination Center (RRCC), if requested by FEMA (labor, per diem and transportation); vii. Dispatch operations in the receiving State; viii. Donations warehousing and management (eligible only upon approval of the Assistant Administrator of the Recovery Directorate); ix. Firefighting activities; and, x. Dissemination of public information authorized under Section 403 of the Act b. Examples of mutual aid work that are not eligible, include: i. Training, exercises, on-the-job training; ii. Long-term recovery and mitigation consultation; iii. Costs outside the receiving State that are associated with the operations of the EMAC system (except for FEMA facilities noted in paragraph E.l.a.v. and vi. above); iv. Costs for staff performing work that is not eligible under the PA or the FMAG programs; v. Costs of preparing to deploy or standing-by" [except to the extent allowed in the FMAG program pursuant to 44 CFR §204.42(e)); vi. Dispatch operations outside the receiving State; vii. Tracking of EMAC and U.S. Forest Service I-5uite/Incident Cost Accounting and Reporting System (ICARS) resources; and viii. Situation reporting not associated with ICS operations under VIII.E.1.a.iv. 2. Permanent Work. Work that is of a permanent nature but is necessary for the emergency restoration of utilities (Category F). For example, work performed to restore electrical and other power. 3. Grant Management Work. For PA only, work associated with the performance of the Grantee's responsibilities as the grant administrator, as outlined in 44 CFR §206.202(b). Use of EMAC-provided assistance to perform these tasks is eligible mutual aid work. F. Eligible Applicants. 1. Only Requesting Entities are eligible applicants for FEMA assistance. With the exception of F.2., below, a Providing Entity must submit its claim for reimbursement to a Requesting Entity. 82 16 FEMA RP9523.6 RECOVERY POLICY 2. States may be eligible applicants when statewide mutual aid agreements or compacts authorize the State to administer the costs of mutual aid assistance on behalf of local jurisdictions. G. Reimbursement of Mutual Aid Costs. 1. The State or Requesting Entities, as appropriate, must provide an executive summary of the services requested and received and the associated costs (i.e., labor, equipment, materials, etc.). Both Requesting and Providing Entities must keep detailed records of the services requested and received, and maintain those records for at least three years after project closeout. FEMA may review a sample of project costs, and reserves the right to review all documentation if it deems necessary. All documentation must be provided to FEMA upon request. Undocumented costs may be subject to deobligation. 2. A request for reimbursement of mutual aid costs must include a copy of the mutual aid agreement- whether preor post-event- between the Requesting and Providing Entities. 3. A request for reimbursement of mutual aid costs should include a written and signed certification by the Requesting Entity certifying: a. The types and extent of mutual aid assistance requested and received in the performance of eligible work; b. The labor and equipment rates used to determine the mutual aid cost reimbursement request; and c. That all work performed was eligible under the Stafford Act and applicable FEMA regulations and policies. 4. FEMA will not reimburse the value of volunteer labor or the value of paid labor that is provided at no cost to the applicant. However: a. To the extent the Providing Entity is staffed with volunteer labor, the value of the volunteer labor may be credited to the non-Federal cost share of the Requesting Entity's emergency work in accordance with the provisions of Recovery Policy 9525.2, Donated Resources. b. If a mutual aid agreement provides for an initial period of unpaid assistance or provides for assistance at no cost to the Requesting Entity, the value of the assistance provided at no cost to the Requesting Entity may be entitled to the 83 17 FEMA RP9523.6 RECOVERY POLICY non-Federal cost share of the Requesting Entity's emergency work under the provisions of Recovery Policy 9525.2, Donated Resources. 5. For PA only, reimbursement for equipment provided to a Requesting Entity will be based on FEMA equipment rates, approved State rates or, in the absence of such standard rates, on rates deemed reasonable by FEMA. Equipment used can be reimbursed as outlined in the terms of the agreement or for hours utilized/in performance of eligible work. 6. For PA only, reimbursement for damage to equipment used in emergency operations will be based on Recovery Policy 9525.8, Damage to Applicant Owned Equipment. 7. For PA only, reimbursement for equipment purchased by a sub-grantee to support emergency operations will be based on Recovery Policy 9525.12, Disposition of Equipment, Supplies, and Salvaged Materials. 8. For FMAG only, reimbursement for equipment provided to a Requesting Entity will be based on 44 CFR § 204.42 (b)(3) and (4). 9. For FMAG only, reimbursement or replacement of equipment damaged or destroyed in the course of eligible firefighting activities will be based on 44 CFR § 204.42 (b)(S), and (6). IX. RESPONSIBLE OFFICE: Recovery Directorate (Public Assistance Division). X. SUPERSESSION: For all disasters declared on or after October 27, 2012, this policy supersedes DAP9523.6, Mutual Aid Agreements for Public Assistance and Fire Management Assistance, dated August 13, 2007, and all previous guidance on this subject. XI. REVIEW DATE: This policy expires three years from the date of issuance. Deborah Ingram Assistant Administrator Recovery Directorate 84 18 AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Purchase new 3-Ton Dump Truck with Snow Plow Presenter & Title: Chris Bong, Superintendent of Streets Date: November 3, 2014 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - $140,000 YES Estimated Cost: $136,500 Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The 2015 capital budget includes funds to purchase a new 3-ton dump truck with a snow plow and salt spreader. On October 2, 2014 we received 3 bids for the dump body, plow and salt spreader and 1 bid for the cab and chassis. Our specifications for the cab and chassis were based on the International Truck because our 3-ton truck fleet consists of International Trucks. Staying with International allows for better serviceably, part commonality and operator familiarity. Rush Truck Centers is the local International dealer. Henderson Truck Equipment was the lowest bid for the dump body, plow and salt spreader, but it didn’t meet our specifications (plow is not compatible with our fleet, dump body framing is too thin) so we recommend going with the next lowest bid that is within specifications, which is Rush Truck Centers. Because we only received 1 bid for the cab and chassis, we are asking City Council to waive the formal 3 bid requirement. We looked into using the State-bid program, but unfortunately 3-ton dump trucks are not available at this time because of a gap in the State’s contract cycle. International Trucks have been the State-bid 3-ton option for the past decade. Attachments: (please list) • Bid Sheet • Resolution Recommendation / Suggested Action: (briefly explain) I respectfully recommend that City Council approve the bid from Rush Truck Centers for a 3-Ton Dump Truck with Snow Plow in the amount of $136,500. 19 RESOLUTION NO. 201_-__ RESOLUTION AUTHORIZING EXECUTION OF Purchase 3-Ton Dump Truck with Snow Plow BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of the City of Geneva, Purchase 3-Ton Dump Truck with Snow Plow , in the form attached hereto at Exhibit “A”, relating to the Purchase 3-Ton Dump Truck with Snow Plow. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 3rd day of November, 2014. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me, this 3rd day of November, 2014. Mayor  20 City of Geneva Summary of Bids Name of Project: 3 Ton Dump with Plow Recorded By: C. Bong Opened By: T. Dahl Date/Time: 10-2-14 10AM Approved Engineer Estimate/ Budget : $140,000 CONTRACTOR NAME BID PRICE BID BOND TYPE OF BOND REMARKS ADDENDUM Rush Truck Centers 3-Ton Cab and Chassis $ 80,000 Dump Body with Plow and Spreader $ 56,500 $ 136,500 Henderson Truck Equipment 3-Ton Cab and Chassis no-bid Dump Body with Plow and Spreader $ 52,390 didn't meet specs Monroe Truck Equipment 3-Ton Cab and Chassis no-bid Dump Body with Plow and Spreader $ 62,712 21 AGENDA ITEM EXECUTIVE SUMMARY RECOMMEND ADOPTION OF ECONOMIC DEVELOPMENT INCENTIVE Agenda Item: POLICY Mary McKittrick, City Administrator Presenter & Title: Ellen Divita, Director of Economic Development Jason Michnick, Economic Development Intern Date: October 27, 2014 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Other - X YES Estimated Cost: Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Under special circumstances the City Council has provided financial assistance for business and real estate development in the City. In September of 2013 the Council discussed policy parameters and indicated a desire to review requests on a case-by-case basis. A formal Economic Incentive Policy would assist City Council, administrative staff, citizen commissions, and any applicant seeking consideration by communicating the City Council’s desired outcomes which will be considered in incentive requests. The Policy proposed here would guide the use of incentives into the future, and not be subject to a changing political landscape. Attached for your discussion is a policy which identifies:  Goals and Desired Outcomes (consistent with City adopted planning documents)  Considerations and Guidelines  Process  Clawbacks It includes an exhibit indicating 6 types of incentive classifications and potential assistance for each, including: 1. Use of state statute granted powers – sales tax rebate, property tax rebate, tax increment finance assistance, etc. 2. Waiving or lowering of connection extension rates including electric, sewer water 3. Property tax abatement 4. Sales tax rebate and / or discretionary City funds 5. Waiving building permit fees 6. Recapture agreements 7. Waiver of sewer or water connection fees November 3, 2014 22 It is recommended that any assistance be granted judiciously and that applicants:  Prove a funding gap exists, i.e. no other sources of possible capital  Show the expected rate of return to the City, and to the developer, as only certain levels of profitability warrant incentives  Prove a benefit to the City: o Public improvements that stay with the land o Job creation o Tax creation - sales, or property o High volume, clean, utility users Furthermore, assistance should be performance based, with a connection to  Amount by jobs created  Incremental property or sales tax created Attachments: (please list)  Proposed Policy  History of COG incentives Recommendation / Suggested Action: (briefly explain) Discussion and approval of the attached Policy. November 3, 2014  23 Economic Incentive Policy Purpose of Incentive Policy The City of Geneva (hereafter “City”) has established a set of goals within adopted long‐term planning documents that involve the continued development and redevelopment of the City. These include the City’s Comprehensive Plan, Downtown and Station Area Master Plan, and Southeast Master Plan. Historically the City has used various incentives on a case‐by‐case basis when recruiting new businesses and encouraging development. The establishment of an Economic Incentive Policy (hereafter “Policy”) creates a guideline for development and an internal framework for evaluating requests. The Policy would assist City Council, administrative staff, citizen commissions, and any applicant seeking consideration. This Policy would also guide the use of incentives into the future, communicate the Council’s adopted policies, and would not be subject to a changing political landscape. Use of Incentives The use of any type of economic incentive shall be used judiciously. Any request for an incentive tool should be supported with explicit justification and provide evidence 1) that the investment of public dollars will support long‐term goals provided in the City’s adopted planning documents, and 2) that a gap in private capital exists. Due to the nature of each specific incentive, consideration should be made as to which type of incentive tool is best suited for a specific subarea of Geneva, as well as the applicant’s type of business, and the ability to address the following desired outcomes. Desired Outcomes of Incentives Any public dollars invested towards a specific development or redevelopment project should fulfill at a minimum one, and preferably multiple, of the following desired outcomes:  Develop properties that provide new infrastructure or utilities to undeveloped areas  Provide meaningful infill development which strengthens the existing business core and improves co‐tenancy  Provide a balanced tax base, measured by EAV  Protect major retail areas  Redevelop high profile opportunity sites  Create new industry and market investment potential  Create new jobs  Provide new (or increases existing) tax revenue Considerations and Guidelines The following guidelines explain the criteria and requirements mandated by the City to make determination on the decision to grant an economic incentive. Applicants who meet all guidelines and can provide justification in regard to desired outcomes will be reviewed more favorably by the City. An applicant who does not meet all guidelines but can demonstrate that a project would provide vital economic interest to the City, as a whole, may be approved. Conversely, meeting all guidelines does not assure financial assistance will be granted. November 3, 2014  24  The Policy shall be applied equally to new or existing businesses  The City shall only engage in agreements within the legal powers of a municipality  Opportunity demonstrates a fund gap ONLY attainable through incentive  The opportunity may be subject to review by a third party to determine appropriate incentive amount and level of risk being undertaken by the City  The amount of any incentive shall be calculated on the basis of length of agreement and projected return on investment. That is, the following criteria shall apply: o The projected new tax revenue shall be estimated based upon the company’s investment in facility, equipment, vehicles, and other taxable items o New jobs provided by the project shall be reviewed according to the number and quality of the positions, annual payroll, and amount of total net gains in jobs created o Revenue increases will be calculated by net gains in retail sales  The development or redevelopment shall provide a positive community impact and demonstrate a potential for positive economic gains  The opportunity does not negatively affect existing commercial development or other taxing jurisdictions  The opportunity adheres to zoning regulations  Acceptance of a recommended payback plan in case of project incompletion or failure  Party must submit an annual report demonstrating compliance of terms found in agreement Review and Approval Process The City Council is the decision making authority and will evaluate incentive opportunities on a case‐by‐ case basis. The applicant must submit a complete application to the Economic Development Director. The opportunity may be reviewed by the City Administrator, Economic Development Commission, Development Staff, or Plan Commission. One or all of these entities may be consulted and provide a recommendation for the execution of the plan and/or incentive agreement. The applicant must provide all necessary documentation along with the application. Only complete applications will be accepted by the Economic Development Department in an effort to provide accurate and timely feedback. Approval will be based on the decision of the City Council. The Policy does not give or allow any claim or right of action by any prospective or existing business or serve as a precedent for future incentive agreements with the City. Claw‐Back Provision In the event that an applicant’s request for incentive is approved, the City may negotiate terms and conditions of an agreement. These terms and conditions may include any provisions which are found to be in the best interest of the City, including the reimbursement of any funds invested, in the event that the applicant’s project does not meet performance standards or outcomes agreed upon within the contract. Incentives by Subarea The six (6) subareas for consideration are: Downtown, Bed & Breakfast lodging, Randall Road Corridor, Industrial, Entertainment Corridor, and Infill properties. Please see Appendix A for incentive details. November 3, 2014 25 Appendix A Downtown The area should be kept predominately as a retail, eating/drinking places, bed and breakfast, and entertainment destination. Due to the downtown being in a nationally recognized Historic District, projects must meet Historic Preservation Committee regulations and zoning ordinances. Types of Incentives to be used: BID, Sales Tax Rebate, Discretionary City Revenues, Reduced Permit Fees, Waiver of Connection Fees, Etc. Bed and Breakfast Lodging Due to the City’s reputation as a tourist destination, the City is interested in additional Bed and Breakfast facilities, to be located as the City code allows. All zoning ordinances must be met. Types of Incentives to be used: BID, Sales Tax Rebate, Discretionary City Revenues, Reduced Permit fees, Waiver of Connection Fees, Etc. Randall Road Corridor The area along Randall Road from Bricher Rd to Fabyan Pkwy is predominately big box and In‐line retail. Any further development/redevelopment should pursue recruitment of big box retail and restaurants to fill vacancy or new development. Types of Incentive to be used: Sales Tax Rebate, BID, Reduced Permit Fees, Discretionary City Revenues, Establishment of an SSA, Waiver of Connection Fees, Recapture Agreements, Etc. Industrial In pursuit of the desired development within the Southeast Master Plan, economic incentives should be used to recruit new development for specific industrial needs. Based on the current businesses located in the area and economic trends within specific industries, it is recommended that recruitment be tailored to Food Science, Research and Development, Pharmaceutical, or Medical Device manufacturers as a top priority. This does not preclude other legitimate industrial uses. Types of Incentive to be used: Property Tax Abatement, TIF, Reduced Permit Fees, Industrial Revenue Bonds, Establishment of an SSA, Waiver of Connection Fees, Recapture Agreements, Etc. Entertainment Corridor The area along Kirk Rd and Fabyan Pkwy which includes the planned redevelopment of Settlers Hill into a world‐class cross country track and training facility, Kane County Cougars stadium, the Fox Valley Ice Arena, and available site of the former corrections facility. The City would like to develop this area as a tourist destination that would include lodging, a theatre, and all types of applicable tourist amenities. Types of Incentive to be used: Reduced Permit Fees, Establishment of an SSA, Sales Tax Rebate, TIF, Discretionary City Revenues, Waiver of Connection Fees, Recapture Agreements, Etc. Infill Properties Where appropriate within the City, and as allowed in the City’s zoning and/or adopted planning policies. Types of Incentive to be used: Reduced Permit Fees, Sales Tax Rebate, Discretionary City Revenues, Waiver of Connection Fees, Recapture Agreements, Recapture Agreements, Etc. The City will only provide incentives allowed by state statute. These may include but are not limited to: Tax Increment Finance District (TIF), Sales Tax Rebate, Business Improvement District (BID), Property Tax Abatement, Reduced Permit fees, Special Service Areas (SSA), Waiver of Connection Fees, Recapture Agreements, and Discretionary City Revenues. November 3, 2014 26 Historical Use of Incentives by Type Façade Grant Program (Summary) Year No. of Grants Grant Funds 2008 4 $16,575 2007 4 $31,072 2006 7 $6,722 2005 10 $23,416 2004 10 $22,156 2003 11 $25,000 2002 10 $29,750 2001 11 $27,351 2000 7 $25,000 1999 14 $33,428 1998 14 $34,728 1997 10 $20,116 1996 12 $20,416 1995 10 $22,204 1994 11 $24,899 Totals 144 $356,111 November 3, 2014  27 Industrial Revenue Bonds Issued 1977‐Present Amount Year Business Resolution (not to exceed) 1981 Richards Electronics 81‐10 $ 5,725,000 Richards Electronics/ 1982 82‐5 $ 8,330,000 National Electronics Industrial Hard 1995 Chrome 95‐11 $ 3,500,000 1996 Continental Envelope 96‐05 $ 9,400,000 2001 FONA 01‐34' $ 10,000,000 Northern Illinois 2010 10‐99' $ 12,000,000 Food Bank November 3, 2014  28 Property Tax Abatement Year Business Resolution Amount Additional Notes 2005 Power Packaging/Excel 05‐03 50%, each year 2004‐2008 2010 Roquette America 10‐68' 100%‐10% 2010‐2019, Decreasing Sliding Scale *Abatements reflect the City Portion of Real Estate Tax For example: Roquette America Property Tax Abatement Scale1: 1 Taken from REAL ESTATE TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF GENEVA AND ROQUETTE PROPERTIES INC, AN ILLINOIS LIMITED LIABILITY CORPORATION, page 4, signed January 8, 2010. November 3, 2014  29 East State TIF 2012 SECTION 5 - 65 ILCS 5/11-74.4-5 (d) (7) (G) and 65 ILCS 5/11-74.6-22 (d) (7) (G) PAGE 1 Estimated Investment for Subsequent Fiscal Total Estimated to TOTAL: 11/1/99 to Date Year Complete Project Private Investment Undertaken (See Instructions) $ 7,802,500 $ - $ 7,802,500 Public Investment Undertaken $ 1,188,505 $ - $ 1,188,505 Project 1: CVS PHARMACY Private Investment Undertaken (See Instructions) $ 3,550,000 $ 3,550,000 Public Investment Undertaken $ 124,849 $ 124,849 Project 2: VALLEY ANIMAL HOSPITAL Private Investment Undertaken (See Instructions) $ 640,000 $ 640,000 Public Investment Undertaken $ 72,000 $ 72,000 Project 3: MUNCHIE P'S Private Investment Undertaken (See Instructions) $ 660,000 $ 660,000 Public Investment Undertaken $ 29,967 $ 29,967 Project 4: DAIRY QUEEN Private Investment Undertaken (See Instructions) $ 300,000 $ 300,000 Public Investment Undertaken $ 40,000 $ 40,000 Project 5: DON'S GAS FOR LESS Private Investment Undertaken (See Instructions) $ 50,000 $ 50,000 Public Investment Undertaken $ 468,404 $ 468,404 Project 6: SOUKUPS APPLIANCES Private Investment Undertaken (See Instructions) $ 2,500 $ 2,500 Public Investment Undertaken $ 3,285 $ 3,285 Project 7: ALDI Private Investment Undertaken (See Instructions) $ 2,600,000 $ 2,600,000 Public Investment Undertaken $ 450,000 $ 450,000 November 3, 2014  30 Riverfront TIF 2006 SECTION 5 - 65 ILCS 5/11-74.4-5 (d) (7) (G) and 65 ILCS 5/11-74.6-22 (d) (7) (G) PAGE 1 Estimated Investment for Subsequent Fiscal Total Estimated to TOTAL: 11/1/99 to Date Year Complete Project Private Investment Undertaken (See Instructions) $ 31,475,000 $ - $ 31,475,000 Public Investment Undertaken $ 4,083,035 $ - $ 4,083,035 Project 1: GENEVA PLACE ON THE FOX Private Investment Undertaken (See Instructions) $ 9,000,000 $ 9,000,000 Public Investment Undertaken $ 150,000 $ 150,000 Project 2: PARKING LOT, SIDEWALKS AND LIGHTING Private Investment Undertaken (See Instructions) Public Investment Undertaken $ 775,000 $ 775,000 Project 3: FIRE FOX REMODELING Private Investment Undertaken (See Instructions) $ 175,000 $ 175,000 Public Investment Undertaken $ 17,150 $ 17,150 Project 4: HILLQUEST Private Investment Undertaken (See Instructions) $ 300,000 $ 300,000 Public Investment Undertaken $ 40,000 $ 40,000 Project 5: RIVERFRONT LIGHTING Private Investment Undertaken (See Instructions) Public Investment Undertaken $ 75,000 $ 75,000 Project 6: WEST RIVERFRONT REDEVELOPMENT Private Investment Undertaken (See Instructions) $ 22,000,000 $ 22,000,000 Public Investment Undertaken $ 3,025,885 $ 3,025,885 November 3, 2014  31 Sales Tax Incentive History Business Terms and Notes Incentive Type Start End Total as of Year Year Oct 2014 Current Sales Tax Incentives Aldi 10 yrs ‐50% of the 1% or TIF Agreement 2008 2018 $140,918 $300,000 maximum Dodson Pl. 90% yr 1‐10, 30% yr 11‐15 Sales Tax Rebate 2005 2020 $582,651 Simon 15 yr/90% after first $4,600 in Sales Tax Rebate 2005 2020 $44,747 annual sales tax received Completed Sales Tax Incentives Stanton, 524 W. State 25% for years 1‐5 and 50% for Sales Tax Rebate 2007 2014 $7,300 (Ended Jan '14) years 6‐15; not to exceed $109,000 or June 1, 2022, whichever comes first. Geneva Commons* 7 1/2 yrs ‐ 25% of sales tax plus Sales Tax Rebate 2003 2010 $1,677,482 (Fisher Farms Retail) infrastructure recapture Gander Mt.** (original 5 yrs/ 25% ‐ 50% (of Sales Tax Rebate 2005 2010 $234,542 Venture agreement) incremental sales > $23,75 mil), Max of $237,500 Best Buy unknown for 7 1/2 yrs Sales Tax Rebate 2002 2005 $75,000 Cub Foods 7.5 yrs‐ unknown Sales Tax Rebate 2001 2003 $32,262 Marshalls 5 yrs‐ 25% Sales Tax Rebate 2000 2004 $94,320 Pet Smart 5 yrs‐ 25% Sales Tax Rebate 2000 2005 $40,532 Borders 5 yrs ‐25% Sales Tax Rebate 1998 2003 $93,536 Gordon Flesch 6 yrs ‐ 25% Sales Tax Rebate 1998 2004 $118,217 Home Depot 7 yrs‐ 25% Sales Tax Rebate 1998 2005 $649,783 Sports Authority 5 yrs ‐ 25 % Sales Tax Rebate 1998 2004 $115,441 Super Crown unknown ‐ 25% Sales Tax Rebate 1998 1998 $4,984 McDonalds 5 yrs ‐ 25% Sales Tax Rebate 1997 2003 $26,671 Dominick’s 7 1/2 yrs‐ 25% Sales Tax Rebate 1997 2005 $387,306 Eagle 7 1/2 yrs‐ 25% Sales Tax Rebate 1997 2001 $96,379 *Geneva Retail agreement on Randall Road ‐ The city remitted 25% of the sales tax for property improvements. This was done quarterly over an expected period of 5 years and 4 months, but took 7 years. *Gander Mountain ‐ For the first two years, the city retained %100 of sales tax revenue from the property in order to make improvements to the road and surrounding property. Then, the city remitted 25% of the sales tax over a 4 year period from sales up to $23,750,000 and 50% from any sales greater than $23,750,000. November 3, 2014