R-894 - 02/22/2005 - DUPAGE MAYORS & M DUMM-L - Resolutions Supporting DocumentsDUPAGE MAYORS AND MANAGERS CONFERENCE
Introduction
Protect Municipal Revenues
Regional Transit Funding and Administration
Infrastructure Maintenance Fee Curative Legislation
Motor Fuel Tax Refund for Off -Ro,ad Use
Bicycle Tort Immunity
Streamlined Sales Tax
Limit Billboard Removal Compensation
Education Reform
Regional Air Capacity
VoIP Regulation
State and Local Finance
Municipal Authority
Personnel and Collective Bargaining
Public Safety and Environment
Community Planning and Land Use
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DMMC Member Municipalities
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he first year of the 94th General Assembly has begun As the first year df the
two -year cycle, and with legislators needing to fulfill promises made during the
election season, 2005 will see a flurry of activity on all legislative topics I It will
also be an interesting year due to the continued budget shortfall and any repercussions from
the extended 2004 session
The 1' �"%�c ��i /Ca�rdo 2 a,�u� ���z��z2 VWeeell-71cel selects a number of legisllative
priorities annually on which it focuses its efforts during that year. This year the Conference s
ten legislative priorities are a mix of regional, state, and federal issues The Conference (plans
to prompt appropriate legislative action on these topics.
Certainly, other issues will arise in the coming year which will be of major importance flo
municipalities and their residents These will receive due attention by the Conference and
other municipal groups Broad principles, such as the prevention of new or expanded
unfunded mandates, will provide a continuing backdrop as new legislation is evaluated
In this
meet t
main
conun
tting we will strive to cultivate globally competitive, sustainable communities that
needs of residents and businesses This document represents our desire to build and
a collaborative partnership between the State and local government as we serve our
constituency
Prr
Local �, overnments are challen�; ed to fiend essential services with ezistina resources.
current economy and the Slanlficilnt number of fee increases and revenue diversions
Mate lave aniplifred this situation. Protect local governments from any additional fu
diversion and restore previously diverted revenues.
icipalities provide many
essential services to Illinois
citizens A significant portion of the
municipal revenues needed to fund these
services are collected and administered by
the State As the State addresses its current
financial position, it is critical that
municipal funds not be considered as a
comporient to help balance the State
budget as they have in the recent past.
Specifically, municipalities have had to cut
budgets to cover- the loss of revenue
due to
• public pension funds' compliance
fees being at least doubled and in
some cases tripled in the FY04
State budget,
• the new National Pollutant
Discharge Elimination System
(NPDES) permit fees in the FY04
State budget,
• the municipalities' share of the
plhotoprocessing tax redirected to
the State in the FY03 State budget,
•
th, e loss of local sales tax on truck
sales due to the new Commercial
Distribution Fee,
• the new Garbage Tipping Fees in
the FY04 State budget,
The
by the
id
• the State mandated pension
increases for fire and police
personnel combined with the recent
low performance of local pension
fund investments, and
• the Illinois Supreme Court's
expansion of the definition of
"catastrophic injury" in Krol le v
City of Bloomington, which i s
resulting in significant new medical
insurance costs
Additionally, some legislators have
proposed diverting local governments' 1 /10
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slim e of income tax revenue to the State
The increasing number of State mandates
where a municipality is left to cover the
cost of additional services are devastating
municipal budgets Both home rule and
non -hom e Wile municipalities are joined
with the State in a common struac
le with
revenue shortages Each cost increase i s of
revenue diversion requires a service cut
elsewhere in the municipality The ability
of local governments t
b o adequately provide
basic services (police, fire, paramedics,
snow lowing etc Must p b, ) m s be protected,
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Address the transit needs for the entire region, including the collar counties, while
preserving the principles of'the current fending structure for the RIA, CIA, -Pace, aiia
Metra. Also, preserve the organizational structure and local input of the agencies theca
achninister and fiend transportation in Chieagoland.
anging the region's transit
funding structure is an enormous
task and must be examined in a way that
allows thoughtful analysis and
comprehensive public participation The
current funding structure was arrived at by
regional compromise, and has functioned
well for twenty years. The structure
ensures that, generally, Chicago's tax
revenue supports transit in Chicago, and
suburban tax revenue supports transit in
the suburbs. It also ensures that funding
distribution is responsive and flexible
enough to deal with changing
demographics of the region
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The Conference strongly believes that
changes to the existing transportation and
planning strictures should not be made dust
for the sake of change Rather, if there are
to be changes, they should result in
• improved coordination of
transportation and land use
planning in the Chicago reg
• expanded leadership roles fo
mayors in any revised governance
strictures,
• continued local control over local
planning decisions,
• improved transit service for the
residents of the entire metropolitan
region, and
increased operational efficiencies
and economies of scale
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Enact Curative legislation to clarify the iinpact and intent of the 1997 dnfrastructIlre
Maintel�zance Fee (IMF) Act in order to avoid continued, costly litigation.
e 1997 IMF Act provided
statutory authority for
municipalities to transition from the old
franchise system of regulating
telecommunications carriers to a new
regulatory system which addressed the
changes in telecommunications technology
The statute was challenged on
constitutional grounds, resulting in yet
another regulatory scheme being developed
and approved by the General Assembly in
2002
Regrettably, fees paid between 1997 and
2002 are still the subject of ongoing
litigation Most unfortunate of all is the
fact that this litigation is motivated to secure
windfall payments to a handful of
class action attorneys, not to return fees to
i
the customers who paid them In fact, those
past customers are no longer identifiable
from existing records, and in most cases
would have a claim of no more than a few
dollars each Municipalities are paying a
hibh price to defend this litigation against a
state - sanctioned fee, and this state -wide
issue has triggered potential liability of over
$31 million in DuPage County alone
Curative legislation would prevent the waste
of tax dollars and implement the true
original intent of the General Assembly
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Eliminate the Illinois Department of Revenue (IDOR) rule that excludes diesel fuel wizen
deterrniizing a municipality's Motor Fuel Tax (MFT) refund for statutorily exempted off -
road use.
inois statute states that anyone other than a distributor or supplier, who uses motor
el and pays the MFT " for any purpose other than operating a motor vehicle upon
the public highways or waters, shall be reimbursed and repaid the amount so paid." However,
the IDOR refund application form excludes diesel fuel purchases from the refund This
exclusion unfairly prevents municipalities from obtaining a refund on a majority of the fuel
they purchase for off -road use
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Protect irrzrnicipalities fr -om new and significant liability exposure.
e risk of the legislation that has been proposed for the past several years is that it
ould result in mayor liability exposure, maintenance costs, and administrative costs
for municipalities Fortunately, parties on both sides of this issue have reached compromises
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in the past. We encourage the Legislature to only consider legislation that contains agreed
language embraced by all affected parties.
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Va
Support federal and state efforts to ensure
a lei,el playing field between Main Street
businesses and Internet or catalog
retailers by developing a clearly defined,
enforceable sales tax obligation for both
catalog tend computer online purchases.
t retail commerce continues
to crow, comprising a significant
portion of our country's retail sales
Purchases by computer erode the state and
local revenue stream and create an unfair
advantage for out -of -state retailers This
shift in commerce, however, does not
change the need to fund local government
services. These services benefit
out -of- state retailers who rely on road
maintenance and other municipal facilities
for delivery of their products Illinois was
one of 31 states to approve the Streamlined
Sales Tax Agreement in November 2002
The legislators now must adopt legislation
to comply with the Agreement This would
continue efforts toward achieving fair
competition between businesses, and
restore revenue streams for both the State
and municipalities
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Allow municipalities to continue unit'
amortization as a form of 'Just
compensation" when zoning snakes
billboards a nonconforming use.
urrently, when a billboard
deemed a nonconforming
amortization schedule is developed
allowing billboard owners to main
sign until the amortized life of the
billboard has expired. This type of
compensation has been successful for
cg
an
the
municipalities to both protect the quality of
life for their citizens and fairly compensate
billboard owners who lose their billboard
due to rezoning or ordinance changes
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Reform ithe public school funding system to fielfll the State's responsibility to provide
acceptable basic education and long -term g fundin equity with lessened reliance on loc
revenuei At the saine time, create accountability for both the revenue spent and the
educatiop provided in order to grow public support for the funding reforms.
e need to reform Illinois' educational system has been evident for years
gzslators, educators, and others readily recognize the need to provide adequate
funding for schools statewide while lessening reliance on property tax dollars as the mac
revenue ;source While everyone agrees alternative revenue streams are needed, there has
no consensus on specific solutions
The Conference, in collaboration with the Metropolitan Mayors Caucus, has developed
several goals that should be considered when evaluating any education reform proposal:
• All State mandates that trigger costs In excess of the foundation level
should be funded by the State.
• The State should work with local boards of education to improve academic and fi
accountability, and reporting of management practices and cost control efforts.
• The State should fund at least 51 percent of the education foundation level
• Al significant portion of all new state revenues should be directed to providing
state funding to under - funded school districts.
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Planniizg fog° Regional Air Capacity
should seek out the best and most efficient
means I to ineet future demand for air
travel while protecting the safety and well
being of residents, businesses, and
travelers. Rational policy - making criteria
should b utilized to develop this plan.
eral criteria are essential when
evaluating any proposal to expand
Northedstern Illinois' air capacity cost
effectiveness, the amount of measurable
benefit per dollar invested, is necessary
when comparing different options Any
solution must satisfy the region's long -term
air travel demands Ground transportation,
including access (specifically Western
Access) by passengers, employees, and
freight, should be included when assessma ID
a proposal's impacts. Additionally, any
solution should improve reliability and
safety while minimizing impacts to the
environment and to surrounding
neighborhoods and communities Finally,
any evaluation should recognize that a
proposal's ability to deliver promised
economic benefits depends on the ability
of areas near the facility to absorb
increased development. All of these criteria
are important to the ultimate success of a
regional air capacity solution
to tax ana regfflate te[ecoinnzunicatlons
services.
e7l/ederal legislation and action by
e/ the Federal Communications
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Commission threatens to classify Voice
over Internet Protocol (VoIP) services as
"interstate" in nature As telephone systems
move from traditional switched netwbrks
(which are subject to state and feder
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regulation) to VoIP (which faces
preemption of state regulation), municipal
revenues from telecommunications and
utility taxes may be lost entirely
Designation of VoIP as an interstate service
would also jeopardize numerous important
public policy objectives such as universal
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service, consumer safeguards, and state
and local tax authority No conclusions
should be drawn regarding VoIP
technology until a full debate is had on the
subject
e following section sets out Conference
positions in five issue areas, covering issuesl of
on
ing importance to local governments and
citizens. These statements provide a broader
view of the Conference's stance on issues
affecting the residents and businesses
we represent.
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Acicess to Sales Tax Information
Grant all municipalities access to Illinois
D Ipartmment of Revenue sales tax
information by individual retailer for
enforcement and budgeting purposes
Diversion of Fine Revenue
Limit court and other fees that drain
municipal fine revenues
Unfunded State Mandates
Amend the Illinois Constitution to limit
unfunded mandates
Local Funding Alternatives
Support alternative revenue sources which
lessen reliance on the property tax As one
examp Ie, expand the local amusement tax
to allow, municipalities to tax video rentals
Also, allow municipalities with no property
tax base to levy an initial property tax
without referendum
Tax Cap Relief
State mandated pension increases should
not excl ed the revenue increases available
under tlax caps If an increase exceeds the
tax carp, then it should automatically be
exempt from the tax cap Restore non -
referendum debt authority to municipalities
covered by the property tax cap
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Hotel Motel Ta_x Revenue Expenditure
Expand non -home rule municipal authority
to spend Hotel Motel Tax revenue
DCEO Grant Resolution
The Department of Commerce and
Economic Opportunity (DCEO) shlould
complete reviews and release funds for all
currently contracted grants which are
classified as "under review " In the
meantime, a specific timeline should be
provided as to when review of these
projects will be completed
Resolution of Home Rule/
Non -home Rule Distinction
Recognize the ability of all municipalities
to govern themselves, regardless) of
population As one example, give
non -home rule municipalities the ability to
spend referendum- passed local sal is tax
revenue for any purpose f
Tort Reform
Reform the Tort Immunity Act to allow
municipalities to provide constituent
services without undue liability exposure
Administrative Adjudication
Allow prosecution of minor offe lses
through local administrative ad�udic�ation
Open Meetings Act
Clarify the Open Meetings Act to explicitly
authorize ize municipal boards to vote on
Items raised under "New Business."
Alderman Vacancies
Assist municipalities by providing
comprehensive procedures for filling
vacancies
Expand Allowable Annexation
Boundaries
Expand a municipality's rights with respect
to involuntary annexations by adding
railroad and utility rights -of -way as
allowable boundaries
Local Elected Officials Renting in
Ta-v Increment Finance Districts
Allow local elected officials who rent
space in Tax Increment Finance (TIF)
Districts to participate in discussions and
votes regarding the TIF District
Firefighter Pension Board Change
Allow municipalities to appoint a person to
their firefighter pension board in lieu of the
village attorney
"Agreedll" Bill Process for Labor Issues
Establish an agreed bill process that
balances the needs of all parties for
legislation affecting public employee
benefits
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Prevailing Wage Act
Repeal or modify the Prevailing Wag(,
Local Collective Bargaining
Allow local collective bargaining
resolve local labor issues
Local Autonoiny o),er Fire and Pot
Allow non -home rule municipalitie
demote police and fire employees f
cause, and increase the maximum
suspension from 30 to 60 days
Act
:o
ice
to
or
Security Planning I
Legislation should recognize the need for
prudence in the dissemination of
information, authorize local law
enforcement to take necessary
precautionary actions, and protect local
governments from liability due to these
efforts
Train Whistles and Railway Safety
Protect authority to prohibit the use of train
whistles at specified railroad crossings; and
seek permanent alternative solutions hat
improve railroad crossing safety and
protect residents' quality of life
Regulation of Charitable Solicitations on
Behalf of Police or Fire Unions
Develop effective efforts to prevent fraud
and misrepresentation by solicitors I
Loc I l Enforcement of Truck Safety
Allow trained municipal officers to enforce
the Motor Carrier Safety Act
Eavesdropping and Police Mobile
Video Taping
Amend the Eavesdropping Act to allow
police to audio record their conversations
with suspects
Street Light Photo Enforcement
Grant municipalities the same authority
given to the City of Chicago to help reduce
the vast number of deaths and injuries due
to motorists running red lights
Enforcement /Inspection/LicensinJ
of Property
Authorize municipalities to establish a
uniform property inspection system and
license rental property managers, in order
to enforce compliance with building,
housing, and zoning regulations
Land Disconnection
Allow disconnection from a municipality
only if the land is contiguous to an
unincorporated area
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Land Use Planning and Contra' l
Preserve municipal authority in land use
and control
Transportation Planning
Support funding and programs which
improve traffic flow, enhance
transportation system management, and
provide alternatives to single occupancy
vehicles I
Sign Regulation
Protect municipal authority to regulate
signs Encourage the State to further
restrict billboards advertising adult uses m
unincorporated areas I
Settlement of Zoning Litigation
Allow municipalities to settle a legal) action
arising from land use regulation without
g a duplicative public heari
holding ng
M
Addison
Village
Yes
35,914
Aurora
City
Yes
1 57,267
Bartlett
Village
Yes
36,706
Bensenville
Village
No
20,703
Bloomingdale
Village
Yes
21,675
Bolingbrook
Village
Yes
62,948
Burr Ridge
Village
No
10,408
Carol Stream
Village
Yes
40,438
Clarendon Hills
Village
No
7,610
Downers Grove
Village
Yes
48,869
Elmhurst
City
Yes
42,762
Glendale Heights
Village
Yes
31,765
Glen Ellyn
Village
Yes
26,999
Hanover Park
Village
Yes
38,278
Hinsdale
Village
No
17,940
Itasca
Village
No
8,302
Lemont
Village
No
13,098
Lisle
Village
No
21,182
Lombard
Village
No
42,322
Naperville
City
Yes
137,987
Oak Brook
Village
No
8,702
Oakbrook Terrace
City
Yes
2,300
Roselle
Village
No
23,115
St Charles
City
Yes
31,834
Schaumburg
Village
Yes
75,386
Villa Park
Village
No
22,750
Warrenville
City
Yes
13,363
Wayne
Village
No
2,137
West Chicago
City
Yes
25,571
Westmont
Village
No
24,554
Wheaton
City
Yes
55,416
Willowbrook
Village
No
8,967
Winfield
Village
No
8,718
Wood Dale
City
No
13,535
Woodridge
Village
Yes
33,253
TOTAL
11172,774
* Under the 1970 Illinois Constitution, any municipality of more than 25,000 is a home rule unit Municipalities of
25,000 on less may elect by referendum to become home rule units Smlilarly, home rule con-inunities, regardless
of population, may rescind home rule power by referendum Home vile units enjoy broader powers to license, tax,
incur debi, and generally regulate for the public health, safety, and welfare than do non -home rule units The
Constitution provides that the General Assembly may pre -empt home rule powers
**Based on figures from the 2000 Federal Census or special local census
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Larry Hartwig Jo Irmen Joseph
Mi yor President Man
Village of Addzson Village of Burr Ridge Village oj
Mark A. Baloga
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L.1/�I zec�a z
Ken Jlollnson
Manor
City of Wood Dale
Joseph Broda Gordon Cole
President Manager
Village of Lisle Village of Winfield
Marc umrnel
Ma-, alter
Village of Hanover Park
Larry Maholland
Admznlzstrator
City of St Charles
Gayle Smolinski
President
Village of Roselle
Sylvia Layne
Trustee
Village of Addison
William Murphy
Mayor
Village of Woodridge
Brian Townsend
Assistant Village Manager
Village of Schaumburg
J zea��ze'�
Block
zger
Addison
George Pradel
Mayor
City of Naperville
Pamela (Fenner
Trustee
Village of Caarol Stream
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Sam Macrane
Councilman
City of Naperville
Marilyn I
Commissioner
Village of Downers Grove
Susan Hilton
Legislative & Policy Analyst
Michelle Kelm
Legzslatzvel Associate
Founded June 19, 196?, the DuPage Mayors and Managers Conference is a council of 35 munzcz,al governments in
DuPage County, Illzzzozs Each member municipality is represented by its mayor and manager as voting delegates
The Conference is a not-for-profit ozganzzatzon supported by membership dues and grants
DuPage Mayors and Managers Conference (�:b- 1220 Oak Brook Road e'�- Oak Brook, Uhnois 60523 e'�- (Phone) 630571.0480 ��- (Fax) 630 5 71.0484
wwwArnmc -cog o