R-1234 - 02/26/2013 - DUMM - Resolutions Supporting DocumentsP1EM 6.F. 1)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
February 26, 2013
SUBJECT: DuPage Mayors and Managers Conference 2013 Legislative Positions
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion to approve Resolution 2013 - DUMM -LP -R -1234 a
Resolution Adopting the 2013 Legislative Positions and Priorities of the DuPage Mayors
and Managers Conference.
Background/History:
The Village has in the past adopted the legislative positions of the DuPage Mayors and Managers
Conference and the Illinois Municipal League (as expressed in their respective legislative
programs and in other legislative positions taken in the course of the legislative session) as
Village policy through adoption of formal resolutions to that effect.
Recommendation:
In order to provide appropriate guidance to our Legislators and Village staff, I encourage the
Board to adopt the legislative positions expressed by the DuPage Mayors and Managers
Conference in its 2013 Legislative Action Program (LAP) and during the session via the attached
resolution.
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Last saved by DEFAULT I:\Agenda Items\DMMC\2013 DMMC Legilsative Action Program.doc
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RESOLUTION 2013- DUMM- LP -EX1 -R -1234
A RESOLUTION ADOPTING THE 2013 LEGISLATIVE POSITIONS
AND PRIORITIES OF THE DU PAGE MAYORS AND MANAGERS CONFERENCE
WHEREAS, the Village of Oak Brook is a member of the DuPage Mayors and Managers
Conference (Conference); avid
WHEREAS, the Conference develops its annual Legislative Action Program with the goal of
establishing a comprehensive platform on legislative issues in order to protect and benefit the interests of
its member municipalities, residents and businesses in these municipalities, and the region generally; and
WHEREAS, on January 16, 2013 the Conference voted unanimously to adopt its 2013
Legislative Action Program, attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the Village of Oak Brook will be individually benefited by formally establishing
positions on legislative issues affecting municipalities, thereby giving clear direction to officials and
employees of the Village of Oak Brook regarding legislative positions that may be represented in official
capacity or on behalf of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: The provisions of the preamble hereinabove set forth are hereby adopted as though
fully set forth herein.
Section 2: The positions and priorities advanced by the DuPage Mayors and Managers
Conference for the 2013 Legislative Session and as expressed by the Conference in its 2013 Legislative
Action Program are hereby adopted.
Section 3: A copy of this Resolution be forwarded to area legislators.
Section 4: The Village Board may, at any time, upon the concurring vote of four trustees, move to
take exception with any position of the Conference on any matter.
Section 5: This resolution shall be in full force and effect from and after its passage and approval
as provided by law.
APPROVED THIS 26th day of February, 2013.
Gopal G. Lalmalani
Village President
Ayes:
Nays:
Absent:
PASSED THIS 26th day of February, 2013.
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2013 - DUMM -LP-R -1234
DuPage Mayors & Managers
Page 2 of 2
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DuPage Mayors and Managers Conference
1220 Oak Brook Road
Oak Brook, Illinois 60523
(630) 571 -0480
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Legislative Priorities
0
Critical Priorities 3.
Protect the Authority of Municipalities to Manage Municipal Funds
Remove the Sunset Date on the Wireless Emergency Telephone Safety Act
Reform Pensions
Amend the Public Safety Employee Benefits Act
Priorities 5.
Create Equality in Labor Relations
Support Western Access
Limit Commercial Freedom of Information Act Requests
Protect the Public Rights -of -Way and Advance the Modernization of Public Utilities
Legislative Position Statements 7.
Protect Municipal Revenues
Eliminate Barriers to Local Management of Labor and Personnel
Preserve and Respect Local Authority
Remove Barriers to Non -Home Rule Authority
Conference Officers and Legislative Committee 11.
Legislative Priorities are those specific, immediate issues that the Conference pursues either
through initiating legislation or through strong advocacy in cooperation with partner
organizations. Legislative Priorities are our primary legislative focus as we commence this first
year of the 98th General Assembly.
CRITICAL PRIORITIES
Protect the Authority of Municipalities to Manage Municipal Funds
Frequently threatened with revenue diversions and fee increases from the state, municipalities
require the freedom to raise and expend municipal funds in order to provide the services most
needed by their residents and businesses. Recently, municipalities have worked to protect the
local portion of income tax, prevent revenue losses from sales tax "holidays," and avert sweeps
that divert local funds.
• Require the Timely Disbursement of LGDF Funds
The Comptroller should be required to transfer funds to the Local Government
Distributive Fund (LGDF) and distribute those funds to municipalities as soon as they are
received and certified. Furthermore, the state should refrain from diverting this, or any
other municipal revenue, for its own programs.
• Permit Municipalities to Collect Hotel -Motel Taxes for Permanent Residents
The Illinois Hotel Operators' Occupation Tax Act specifically exempts permanent
residents and limits municipal hotel and motel tax revenue for people staying 30 days or
longer. The Act should be amended to remove the exemption or change the definition
of "permanent resident."
• Reject Unfunded State Mandates
Legislation often requires communities to divert local expenditures from municipal
services and use them to fund state - imposed programs. The state should not impose
mandates that increase financial obligations on local governments without providing
adequate funds to reimburse municipalities for these new mandates.
• Limit the Prevailing Wage Act
Amend the Prevailing Wage Act to exempt projects below a minimum cost threshold of
$250,000 and annually adjust the threshold by the Consumer Price Index (CPI).
Remove the Sunset Date on the Wireless Emergency Telephone Safety Act
At the advent of cell phone usage, an access fee of 75 cents per month was implemented to
fund technological improvements which allow cell phones to contact 9 -1 -1. This statutory
provision expires on July 1, 2013. The decline in landlines demands that the funding for 9 -1 -1
systems continue to be derived from the more proliferative usage of wireless phones.
Reform Pensions
The pension system must be made sustainable not only to ensure affordability for
municipalities and taxpayers, but also to protect obligations to employees. If municipalities lack
sufficient funds, then pension systems will collapse and retirees will lose their benefits entirely.
In 2010, police and fire pensions became a two -tier system that ensured some relief for
municipalities. That relief, however, will mostly occur in future decades, when today's newest
employees begin to reach retirement age.
The following reforms must apply to current public safety employees for all future benefit
accruals:
• Pause all cost of living adjustments (COLAs) for ten years, then establish COLA as the
lesser of 3 %or'' /: of CPI, non - compounding;
• Increase employee contributions by 1% of salary per year for five years;
• Return the retirement age to 55 years, with a minimum of ten years of service;
• Return to an annual accrual formula whereby maximum benefit is attained at 35 years
of service;
• Reform the calculation of pensionable salary and base the annuity on the average of the
best eight years of the employee's final ten years of service.
The following additional reforms must apply to the administration of pensions:
• Amend the compliance and penalty provisions in Public Act 96 -1495 which threaten to
take LGDF and other state - collected funds if municipalities fail to contribute annually to
public safety pension funds in an amount sufficient to reach a 90% funded level by the
2040 fixed amortization deadline;
• Enact a 30 -year rolling amortization period for pension funding;
• Allow police and fire pension boards to invest funds in the IMRF;
• Allow police and fire pension boards to merge funds;
• Remove pension levies from the tax cap;
• Return to a public safety pension board structure with majority representation by the
taxpayer;
• Amend the Sheriff's Law Enforcement Personnel (SLEP) program, which permits police
chiefs to enroll in and transfer police time with previous municipal employers to SLEP,
thus requiring the new employer to cover the cost of the unfunded liability;
• Oppose any new pension sweeteners.
Amend the Public Safety Employee Benefits Act
PSEBA was originally created to supply health insurance benefits to public safety employees
who suffer catastrophic injuries in the line of duty. However, the system is frequently used to
provide duplicative benefits at the expense of the taxpayers even when recipients are able to
secure alternative, gainful employment with health benefits. The federal definition of
"catastrophic injury" must be adopted to ensure that taxpayers are no longer needlessly
overcharged.
4
PRIORITIES
Create Equality in Labor Relations
Municipalities are at an inherent disadvantage when bargaining contracts. A level playing field
is necessary to stop the unsustainable burden placed on taxpayers by the current system.
• Amend the Illinois Labor Relations Act to Create a Level Playing Field for Labor
Arbitration
Arbitrators should be required to take into consideration both the interest and welfare
of the public and the financial ability of the unit of government to meet costs with
current revenue streams. Additionally, local fire unions should be required to pay for
their share of arbitration costs, as police unions are currently required. The Act should
also be amended to establish additional standards that prevent minor issues and
unreasonable positions from being taken to arbitration.
• Exempt Staffing Requirements from Collective Bargaining
Due to statutory arbitration requirements and state - mandated pensions, the only
variable municipalities can use to manage budgets is the number of staff. Legislation
should be approved to explicitly exclude employee staffing levels from municipal
collective bargaining.
• Define "Confidential Employees" Under the Illinois Labor Relations Act
Legislation is necessary to change the definition of "confidential employees" to include
certain employees working directly for upper level management and having access to
sensitive bargaining information in order to ensure that these employees are not
considered "public employees" entitled to membership within a bargaining unit.
Support Western Access
As the Elgin- O'Hare
Expressway expansion project
is finalized, the state must
consider the project's impact
on local residents and
businesses. The state should
ensure that funding for the
project is fair, that any local
contributions for these
improvements are funded by
the greater Chicago region,
and that the new access route
provides a true entrance into
the airport.
Senator Kirk Dillard and the late Lombard President William Mueller
f.7
(L -R) Warrenville Administrator
John Coakley, Carol Stream
Mayor Frank Soverino, Jr.,
Representative Mike Fortner,
Naperville Manager Doug Krieger,
Hinsdale Manager Dave Cook,
and Clarendon Hills Manager
Randy Recklaus
Limit Commercial Freedom of Information Act Requests
Municipalities often receive FOIA requests that are not properly indicated as commercial,
despite the fact that this is a violation of the Freedom of Information Act. These requests,
which are often submitted by out -of -state private companies, pose a significant financial
burden to municipalities. The Act should include more effective penalty provisions for violations
by commercial interests.
Protect the Public Rights -of -Way and Advance the Modernization of Public Utilities
Public utilities use public rights -of -way to deliver necessary services and commodities to
municipalities. Municipalities own these rights -of -way and have a duty to protect them. As
such, municipalities and residents must be able to regulate utilities' usage of this land.
• Require Utility Franchises
Due to the monopoly status of some utilities, municipalities are at a disadvantage when
negotiating expired franchises. Utilities should not be permitted to ignore expired
franchises and should be required to negotiate with municipalities in good faith.
• Require ComEd Accountability
State statute provides ComEd with rate increases to invest in infrastructure and
implement smart grid technology. ComEd should be required to provide a detailed
capital plan in order to guarantee that revenue is being used appropriately to fund
infrastructure improvements and customers are receiving the benefit of the
technological advancements they are already funding.
• Repeal Limitations on Municipal Audits of Utility Taxes
Utilities collect taxes and fees to remit to municipalities. The statute must be amended
to permit municipalities to effectively audit these utility tax remittances.
11
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In addition to the Priorities listed above, every year the Conference responds to many legislative
proposals, initiated by a variety of groups on a vast array of topics, that significantly impact
municipalities and their residents. The following Legislative Position Statements outline
Conference positions on several of these issues and guide our legislative efforts through the
course of the year.
Protect Municipal Revenues
Municipalities should have the flexibility to fund the programs and services they consider
necessary. Funds owed to municipalities should not be diverted and state mandates should be
balanced against other municipal spending priorities to prevent overburdening local budgets
and taxpayers.
• Implement Streamlined Sales Tax
Implement federal streamlined sales tax rules that preserve intra -state sourcing rules
and that require the state to treat the resulting funds as pass- through revenue, so
municipalities receive the tax revenue from out -of -state online retailers.
• Make Owners Responsible for Protecting Foreclosed Property
The burden to maintain foreclosed property should rest not on the municipality and
taxpayers, but on the bank or other owner of record.
• Amend Rules Regarding Publication of Reports and Notices
Mandated reporting, printing, and notice requirements should be amended to permit
municipalities to satisfy compliance by posting reports and publications online and
providing paper copies on request. In addition, double publication of two- county Truth
in Taxation Notices, which wastes limited public resources, should be eliminated.
• Permit Municipal Control Over IDOT Projects
Municipalities should be allowed to obtain partial or full waiver from IDOT review for
certain projects, and to hire their own consultants to conduct state reviews to avoid
delays. In addition, guidelines should be established to allow municipalities to
administer their own Motor Fuel Tax funds without the delay of state approval.
• Preferences for Illinois Contractors
Allow municipalities to select out -of -state contractors, rather than in -state contractors,
if the bid differential is greater than 10 %.
• Remove the Referendum Requirement for Real Estate Transfer Tax
Allow municipalities to enact or increase a real estate transfer tax without referendum.
• NPDES Permit Fees
The fees charged for National Pollutant Discharge Elimination System (NPDES) permits
should be reduced to the level necessary to conduct related regulatory activity.
7
Eliminate Barriers to Local
Management of Labor and
Personnel
Support must be given to local
authority to manage labor and
personnel and to implement the
most efficient and effective means
of delivering services. Legislative
barriers that make it difficult to
consolidate and coordinate
services — including public works,
code enforcement, police, and
fire — should be eliminated. The
resulting efficiency would permit
municipalities to provide a higher
level of services, save money, and
reduce the burden on taxpayers.
Representative Stephanie Kifowit and Roselle Mayor
Gayle Smoiinski
• Permit Municipalities to Recoup an Administrative Fee for Providing Health Coverage
The Police Officer's Continuance Privilege and Municipal Employee's Continuance
Privilege should permit municipalities to charge a 2% fee to offset administrative costs,
as COBRA currently allows.
• Provide Municipal Control of the Foreign Fire Insurance Tax Revenue
Elected municipal officials, not fire department members, should receive, budget, and
spend revenues from the Foreign Fire Insurance Tax.
• Prohibit Municipal Employees from Serving on the Governing Board
No municipal employee should be eligible to serve on the governing board for that
municipality.
• Regulate Charitable Solicitations on Behalf of Police or Fire Unions
Develop effective enforcement against fraud and misrepresentation by solicitors.
• Amend Public Safety Pension Board Training Legislation
Amend Public Acts 96 -0429 and 94 -0354 to permit pension board trustees and police
chiefs and deputy chiefs to satisfy training requirements using online courses and
webinars, and to allow certification of local community colleges to provide the
training. Additionally, provide exemptions for professionals with relevant
credentials and remove the requirement for annual reviews, making training a one -time
event.
8
Preserve and Respect Local Authority
The freedom to make decisions at the local level is the best way that municipalities can fully
serve their unique constituencies. Policies should not undermine or preempt local authority
and responsibility to protect the health, safety, and welfare of local residents.
• Permit Access to Sales Tax Information
Grant all municipalities access on a quarterly basis to the Illinois Department of Revenue
sales tax information by individual retailer for enforcement and budgeting purposes.
• Preserve Local Risk Management Pools
Support the preservation of local authority to enter into and manage cooperative risk
Pools.
• Amend the Open Meetings Act
Clarify all rules under the Act regarding the use of developing technology during
meetings.
• Protect Sign Regulation and Limit Billboard Removal Compensation
Legislation is necessary to allow municipalities to use amortization as a form of "just
compensation" when zoning changes cause a billboard to be a nonconforming use.
• Expand Allowable Annexation Boundaries
Expand municipalities' rights with respect to involuntary annexations by adding railroad
and utility rights -of -way as allowable boundaries.
• Limit Land Disconnection
Prohibit the disconnection of land from a municipality without approval from the city
council or village board.
• Permit Special Service Areas for Stormwater Facilities
Reform Public Act 97 -0533 to prohibit the refusal of special service areas so
municipalities can ensure maintenance of drainage facilities that are the responsibility
of homeowner associations.
• Allow Municipalities to
Determine the Form of
Security Posted by Developers
Municipalities, rather than
developers, should be able to
decide whether developers
will need a bond or a letter
of credit for public
improvements.
(L -R) Woodridge Mayor William
Murphy, Representative Emily
McAsey, and Hanover Park President
Rod Craig
4
Remove Barriers to Non -Home Rule Authority
The distinction between home rule and non -home rule communities should be removed to
recognize the ability of all municipalities to govern themselves, regardless of population.
• Amend the Hotel -Motel Tax
Allow non -home rule municipalities greater flexibility in how they may spend Hotel -
Motel Tax revenues.
• Amend the Sales Tax
Allow non -home rule municipalities greater flexibility to expend sales tax revenue on
areas other than infrastructure.
• Allow Crime Free Housing Regulations
Municipalities with home rule authority are permitted to license landlords and require
periodic inspection of dwellings. Legislation should allow non -home rule communities
to use this program as well.
• Allow Greater Flexibility with Other Taxes and Restrictions
Allow non -home rule municipalities to employ policies such as state and local funding
alternatives, regulation of pawn shops, and economic development incentives. Also,
permit non -home rule municipalities to assess and expend —for any government
purpose —tax revenue from car rentals, gasoline, and natural gas utilities.
(L -R) Representative Mike
Fortner, Senator Linda Holmes,
Senator Tom Johnson, Warrenville
Mayor David Brummel,
Willowbrook Mayor Robert
Napoli, and Itasca President Jeff
Pruyn
The DuPage Mayors and Managers Conference is an
association of municipalities representing over
1,000,000 people.
10
r 1 r
Conference Officers
President, Rod Craig
President, Village of Hanover Park
Vice President, Jeff Pruyn
President, Village of Itasca
Secretary/Treasurer, Joe Breinig
Manager, Village of Carol Stream
Executive Director, Mark A. Baloga
Legislative Committee
Director, Gayle Smolinski Mayor, Village of Roselle
Deputy Director, Nunzio Pulice Mayor, City of Wood Dale
Bob Barnett Commissioner, Village of Downers Grove
Joe Breinig Manager, Village of Carol Stream
Joseph Broda Mayor, Village of Lisle
Dave Cook Manager, Village of Hinsdale
Rod Craig President, Village of Hanover Park
James Grabowski Manager, City of Elmhurst
Larry Hartwig Mayor, Village of Addison
Dave Hulseberg Manager, Village of Lombard
Jack Knight Management Analyst, Village of Woodridge
Sylvia Layne Trustee, Village of Addison
Jennifer McMahon Assistant Administrator, City of Warrenville
Kenn Miller Councilman, City of Naperville
Robert Napoli Mayor, Village of Willowbrook
David Niemeyer Manager, Village of Oak Brook
Enza Petrarca Village Attorney, Village of Downers Grove
Jeff Pruyn President, Village of Itasca
Todd Scalzo Councilman, City of Wheaton
Frank Soto Mayor, Village of Bensenville
Tim Seeden Village Clerk, Village of Lisle
Grant Wehrli Councilman, City of Naperville
11
RESOLUTION 2013 - DUMM- LP -EXI -R -1234
A RESOLUTION ADOPTING THE 2013 LEGISLATIVE POSITIONS
AND PRIORITIES OF THE DU PAGE MAYORS AND MANAGERS CONFERENCE
WHEREAS, the Village of Oak Brook is a member of the DuPage Mayors and Managers
Conference (Conference); avid
WHEREAS, the Conference develops its annual Legislative Action Program with the goal of
establishing a comprehensive platform on legislative issues in order to protect and benefit the interests of
its member municipalities, residents and businesses in these municipalities, and the region generally; and
WHEREAS, on January 16, 2013 the Conference voted unanimously to adopt its 2013
Legislative Action Program, attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the Village of Oak Brook will be individually benefited by formally establishing
positions on legislative issues affecting municipalities, thereby giving clear direction to officials and
employees of the Village of Oak Brook regarding legislative positions that may be represented in official
capacity or on behalf of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: The provisions of the preamble hereinabove set forth are hereby adopted as though
fully set forth herein.
Section 2: The positions and priorities advanced by the DuPage Mayors and Managers
Conference for the 2013 Legislative Session and as expressed by the Conference in its 2013 Legislative
Action Program are hereby adopted.
Section 3: A copy of this Resolution be forwarded to area legislators.
Section 4: The Village Board may, at any time, upon the concurring vote of four trustees, move to
take exception with any position of the Conference on any matter.
Section 5: This resolution shall be in full force and effect from and after its passage and approval
as provided by law.
APPROVED THIS 26th day of February, 2013.
Gopal G. Lalmalani
Village President
Ayes:
Nays:
Absent:
PASSED THIS 26th day of February, 2013.
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2013 - DUMM -LP -R -1234
DuPage Mayors & Managers
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