Board of Trustees — Skokie, IL
Date: 2012-04-02

MONDAY, APRIL 2, 2012 – 8:00 P.M.



 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School.

 2. Call meeting to order and roll call.

 3. Approve Consent Agenda.

* 4. Approve, as submitted, minutes of regular meeting held March 19, 2012.

* 5. Approve Voucher List #22-FY12 of April 2, 2012.

* 6. Proclamations and Resolutions.
 A. Proclamations:
 Public Health Week – April 2-8, 2012
 Days of Remembrance of the Holocaust – April 15-22, 2012
 Day of Remembrance – April 19, 2012

 7. Recognition, Presentations and Awards.
 A. Presentation: Beautification and Improvement Commission Awards

* 8. Appointments, Reappointments and Resignations.
 A. Reappointments:
 Fine Arts Commission (Two-Year Term): Sylvia Callistein, Andrea Siegel (One-Year
 Term as Chair)
 Human Relations Commission (Three-Year Term): Ina Silvergleid

 9. Report of the Village Manager.
 A. Zone Parking in the Vicinity of the Oakton Street CTA Station.
 * B. Intergovernmental Agreement between the Village of Skokie and the Board of
 Education of School Districts Nos. 68, 69, 72, 73, 73 ½, and 219.
 * C. Geographic Information System (GIS) Service Provider Agreement and Access to
 Cook County Assessor’s Office Data for the Geographic Information System.
 * D. Bid Report – FY 2012 Asphalt Roller – Patten Industries Inc., Elmhurst, IL - $35,597.
 * E. Bid Report – Mowing and Landscaping Services – Atrium Landscape, Lemont, IL -
 $35,400.
 * F. Request to Sell Surplus Vehicles and Equipment.

 10. Report of the Corporation Counsel.
 CONSENT:
 * A. An ordinance amending Chapter 98, Article IX, Sections 98-256 and 98-260 of the
 Skokie Village Code pertaining to the Local Fuel Tax. This item is on the consent
 agenda for second reading and adoption.
 FIRST READING:
 B. An ordinance authorizing an Electricity Aggregation Program in the Village of Skokie,
 Illinois, pursuant to the Illinois Power Agency Act. The Corporation Counsel will
 recommend immediate adoption of this item.

 11. Unfinished Business.
 A. Electrical Aggregation Program

 12. New Business.

399051
 13. Plan Commission.
 A. Plan Commission Case 2012-1P – Alley Vacation
 B. Plan Commission Case 2012-3P – Special Use Permit: 8746 East Prairie Road

 14. Citizen Comments.

 15. Adjournment.




399051
 WHEREAS, the residents of Skokie benefit every day from the efforts of the Skokie
Health Department when eating at restaurants, drinking tap water, learning about prevention
of deadly diseases, or receiving childhood and adult vaccinations; and

 WHEREAS, the Skokie Board of Health and the Health Department have a long
history of public health successes since 1907, including being one of only seven State certified
municipal public health departments, passage of the first significant local smoking ordinance
in the State of Illinois, a car seat loaner program, passage of a youth bicycle helmet ordinance,
diabetes screening program, cholesterol and lipid profile screening program; and

 WHEREAS, the Skokie Health Department oversees the only community blood
program created by ordinance in the State of Illinois; and

 WHEREAS, the efforts of the Skokie Health Department to protect the public is of
even greater significance in light of the threat of terrorism; and

 WHEREAS, the Skokie Health Department’s experience managing natural disease
outbreaks, combined with effective planning and partnership between federal, state and county
authorities, will assist the Village of Skokie in any future crisis; and

 WHEREAS, public health efforts alone cannot accomplish the goal of a healthier
Skokie without cooperation and partnership with community organizations, businesses and
residents; and

 WHEREAS, each of us needs to do our part by taking personal responsibility to
improve behaviors by not using tobacco, performing regular, safe physical activity and eating
more fruits and vegetables, in order to prevent disease; and

 WHEREAS, the residents of Skokie recognize the essential role public health plays in
their every day lives.

 NOW, THEREFORE I, George Van Dusen, Mayor of the Village of Skokie do
hereby proclaim the week of April 2-8, 2012, as


 “PUBLIC HEALTH WEEK IN THE VILLAGE OF SKOKIE“
 Passed this 2nd day of April 2012

 ____________________________________
 George Van Dusen
 Mayor

____________________________________
Marlene Williams, Village Clerk




VOSDOCS-#298760-v1-Public_Health_Week_Proclamation
 WHEREAS, the Holocaust was the state-sponsored, systematic persecution and
annihilation of European Jewry by Nazi Germany and its collaborators between 1933 to
1945. Jews were the primary victims - six million were murdered; also Gypsies and the
handicapped were targeted for destruction or decimation for racial, ethnic or national
reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of
war and political dissidents also suffered grievous oppression and death under Nazi
tyranny; and

 WHEREAS, the history of the Holocaust offers an opportunity to reflect on the
moral responsibilities of individuals, societies, and governments; and

 WHEREAS, we the people of the Village of Skokie should always remember the
terrible events of the Holocaust and should remain vigilant against bigotry and tyranny;
and

 WHEREAS, we the people of the Village of Skokie should continually rededicate
ourselves to the principles of equality and justice for all; and

 WHEREAS, the Days of Remembrance have been set aside for the people of the
Village of Skokie to remember the victims of the Holocaust as well as to reflect upon our
own humanity and the need for respect of all peoples; and

 WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980)
the United States Holocaust Memorial Council designates the Days of Remembrance of the
victims of the Holocaust to be the week of Sunday, April 15 through Sunday, April 22, 2012,
including the international Day of Remembrance known as Yom Hashoah, April 19, 2012.

 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie,
hereby proclaim Sunday, April 15 through April 22, 2012, as the


 "DAYS OF REMEMBRANCE OF THE HOLOCAUST"
and in honor of the survivors, as well as the rescuers and liberators, and further proclaim
that we, as citizens of the Village of Skokie, should strive to overcome intolerance and
indifference through learning and remembrance.

 Dated this 2nd day of April 2012


 _______________________________________
 George Van Dusen
 Mayor

________________________________
Marlene Williams, Village Clerk

1356
 WHEREAS, Jewish communities throughout the world have proclaimed
April 11th as a day of remembrance of the martyrdom of six million Jews who
perished in the Nazi Holocaust; and


 WHEREAS, the people of Skokie remember the events of the Holocaust and
remain vigilant against bigotry and tyranny; and


 WHEREAS, it is our obligation to the free world to perpetuate and keep alive
the memory of the victims of the Holocaust; and


 WHEREAS, we pay tribute to the heroic stand of the fighters of the ghettos
who rose and kindled the flame of freedom in honor of the Jewish people and
mankind; and


 WHEREAS, the Days of Remembrance, April 19, 2012, have been set aside
for the people of the Village of Skokie to remember the inhumanity of those who
perpetrated the Holocaust as well as to reflect upon our own humanity and the need
for respect of all peoples.


 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of
Skokie, do hereby proclaim April 19, 2012 as


 "DAY OF REMEMBRANCE"

 Dated this 2nd day of April 2012



 __________________________________
 George Van Dusen
 Mayor


______________________________________
Marlene Williams, Village Clerk
1355
 JPH: 4/2/12 Manager’s Report
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-4-R-


 A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL
 AGREEMENT WITH THE BOARDS OF EDUCATION OF SCHOOL DISTRICT
 NUMBERS 68, 69, 72, 73, 73 ½, AND 219 PERTAINING TO RECIPROCAL
 REPORTING OF CRIMINAL OFFENSES

 1 WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois and the
 2 Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provide for the execution of agreements
 3 and implementation of cooperative ventures between public agencies within the State of Illinois;
 4 and

 5 WHEREAS, the Boards of Education of School District Numbers 68, 69, 72, 73, 73 ½, and
 6 219 (the “Districts”) and the Village of Skokie’s Local Law Enforcement Agency (being the Skokie
 7 Police Department) are authorized to share information regarding criminal offenses committed by
 8 students enrolled in the Districts, pursuant to Section 10-20.14(b) of the Illinois School Code (105
 9 ILCS 5/10-20.14(b)) and Section 5-905(1)(h) of the Juvenile Court Act of 1987 (705 ILCS 405/5-
10 905(1)(h) for the purpose of maintaining safety in the schools and community; and

11 WHEREAS, the Districts and the Skokie Police Department have agreed that it would be
12 in the best interests of the safety and welfare of the public, the students and all employees of the
13 parties to have a reciprocal reporting system for information regarding criminal offenses
14 committed by students, as authorized by the Illinois statutes; and

15 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the
16 Intergovernmental Agreement with the Boards of Education of School District Numbers 68, 69, 72,
17 73, 73 ½, and 219 for reciprocal reporting of information regarding criminal offenses by students, be
18 approved substantially in the form attached hereto and marked as Exhibit “1”, subject to changes
19 approved by the Village Manager or designee and the Corporation Counsel of the Village of Skokie;

20 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
21 of Skokie, Cook County, Illinois that the Intergovernmental Agreement with the Boards of Education
22 of School District Numbers 68, 69, 72, 73, 73 ½, and 219 for reciprocal reporting of information
23 regarding criminal offenses by students, a copy of which is attached hereto and marked Exhibit “1”,
24 or subject to changes approved by the Corporation Counsel and Village Manager or designee, be
25 and the same is hereby approved.

26 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie,
27 Cook County, Illinois that the Village Manager is hereby authorized to execute the
28 Intergovernmental Agreement with the Boards of Education of School District Numbers 68, 69, 72,
29 73, 73 ½, and 219 for reciprocal reporting of information regarding criminal offenses by students, a
30 copy of which is attached hereto and marked Exhibit “1”, subject to changes approved by the
31 Corporation Counsel and Village Manager or designee.
32
33
34

 Page 1 of 2
 VOSDOCS-#400273-v1-
 Resolution__Intergovernmental_Agreement__Reciprocal_Reporting__School_Districts_68__69__72__73__73_1_2__&_219
 1 PASSED this day of April, 2012.
 2
 3 Ayes:
 4 Nays: Village Clerk
 5 Absent:
 6 Approved by me this day of
 7 Attest: April, 2012.
 8
 9
10
11 Village Clerk Mayor, Village of Skokie
12
13
14
15




 Page 2 of 2
 VOSDOCS-#400273-v1-
 Resolution__Intergovernmental_Agreement__Reciprocal_Reporting__School_Districts_68__69__72__73__73_1_2__&_219
Exhibit 1
 JPH: 4/2/12 Manager’s Report
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-4-R-


 A RESOLUTION AUTHORIZING AND APPROVING THE RENEWAL
 OF AN AGREEMENT WITH MUNICIPAL GIS PARTNERS, INC.,
 PERTAINING TO THE GIS SERVICE PROVIDER CONTRACT

 1 WHEREAS, the Village of Skokie (hereinafter “Village”) joined the GIS Consortium
 2 and entered into an initial GIS Service Provider Contract with Municipal GIS Partners, Inc.
 3 (hereinafter “MGP”) on July 18, 2005, pursuant to Village Resolution Numbers 05-7-R-904
 4 and 05-7-R-905; and

 5 WHEREAS, the Village has renewed the Service Provider Contract with MGP annually
 6 for the consultant services with regard to the ongoing development of the Village’s
 7 Geographic Information System (hereinafter “GIS”) initiative. The current agreement is set to
 8 expire on April 30, 2012; and

 9 WHEREAS, the Village and MGP are desirous of renewing the Service Provider
10 Contract for another year for consultant services with regard to the ongoing development of
11 the Village’s GIS initiative, in conjunction with the Village’s membership in the GIS
12 consortium; and

13 WHEREAS, MGP is the service provider for the GIS Consortium and provides, pursuant
14 to annual agreements, the necessary GIS professional resources to support municipalities’ GIS
15 systems. MGP will facilitate and manage resources, cost and technical innovations sharing
16 among the Consortium members; and

17 WHEREAS, the GIS consortium requires all members to enter into a separate annual
18 contract with a designated service provider, which is MGP; and

19 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees
20 that the renewal of the GIS Consortium Service Provider Contract with Municipal GIS Partners,
21 Inc., for consultant services in compliance with the Geographic Information System Consortium
22 requirements, be approved substantially in the form attached hereto and marked as Exhibit “1”,
23 subject to changes approved by the Village Manager or designee and the Corporation Counsel
24 of the Village of Skokie;

25 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
26 Village of Skokie, Cook County, Illinois that the renewal of the GIS Consortium Service Provider
27 Contract with Municipal GIS partners, Inc., for consultant services in compliance with the
28 Geographic Information System Consortium requirements, a copy of which is attached hereto
29 and marked Exhibit “1”, or subject to changes approved by the Corporation Counsel and Village
30 Manager or designee, be and the same is hereby approved.

31




 Page 1 of 2
 VOSDOCS-#399006-v1-Resolution__Agreement__Municipal_GIS_Partners__GIS_Service_Provider_Contract_Renewal__2012
 1 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of
 2 Skokie, Cook County, Illinois that the Village Manager is hereby authorized to execute the
 3 renewal of the GIS Consortium Service Provider Contract with Municipal GIS partners, Inc., for
 4 consultant services in compliance with the Geographic Information System Consortium
 5 requirements, a copy of which is attached hereto and marked Exhibit “1”, subject to changes
 6 approved by the Corporation Counsel and Village Manager or designee.
 7 PASSED this day of April, 2012.
 8
 9 Ayes: ___________________________________
10 Village Clerk
11 Nays:
12 Absent:
13 Approved by me this day of
14 Attest: April, 2012.
15
16
17
18 Village Clerk Mayor, Village of Skokie
19
20
21
22




 Page 2 of 2
 VOSDOCS-#399006-v1-Resolution__Agreement__Municipal_GIS_Partners__GIS_Service_Provider_Contract_Renewal__2012
Exhibit 1
 JPH: 4/2/12 Manager’s Report
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-4-R-



 A RESOLUTION APPROVING AN INTERGOVERNMENTAL
 AGREEMENT BETWEEN THE COOK COUNTY ASSESSOR’S
 OFFICE AND THE VILLAGE OF SKOKIE FOR ACCESS TO
 THE GEOGRAPHIC INFORMATION SYSTEM


 1 WHEREAS, the Village of Skokie (hereinafter the “Village”) is an Illinois home rule
 2 municipality pursuant to the Constitution of the State of Illinois, art. vii, sec. 6 (1970); and

 3 WHEREAS, the Constitution of the State of Illinois, art. vii, sec. 10 (1970) and the
 4 Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. (2010), provide authority for
 5 municipalities and units of government to join together and combine in the exercise of their
 6 powers; and

 7 WHEREAS, in the performance of its general governmental responsibilities, the
 8 Village is constantly evaluating and accessing information regarding the physical and other
 9 attributes within the Village and adjacent to its boundaries; and

10 WHEREAS, the Cook County Assessor’s Office has a geographic information
11 system (hereinafter “GIS”) database that it is willing to make available to the Village at no
12 cost; and
13
14 WHEREAS, GIS data sharing with the Cook County Assessor’s Office will allow the
15 Village to access GIS data from the Assessor that will facilitate the Village’s decision
16 making process with respect to its management, provision, and maintenance of
17 governmental services; and
18
19 WHEREAS, the Village and the Cook County Assessor have negotiated an
20 Agreement for Access to Geographic Information System in substantially the form attached
21 to this resolution as Exhibit “1”;
22
23 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
24 Village of Skokie, Cook County, Illinois, hereby approve the Intergovernmental Agreement,
25 attached hereto as Exhibit “1”, or as revised with the approval of the Corporation Counsel and the
26 Village Manager or his designee; and
27
28 BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to execute
29 the Intergovernmental Agreement in the form and substance as shown in Exhibit “1”, or as revised
30 with the approval of the Corporation Counsel and the Village Manager or his designee.
31
32
33


 Page 1 of 2

 VOSDOCS-#398258-v1-Resolution__Agreement_for_Access_to_Cook_County_Assessor_GIS__2012
 1 PASSED this day of April, 2012.
 2
 3 Ayes: ___________________________________
 4 Village Clerk
 5 Nays:
 6 Absent:
 7 Approved by me this day of
 8 Attest: April, 2012.
 9
10
11
12 Village Clerk Mayor, Village of Skokie
13
14
15
16




 Page 2 of 2

 VOSDOCS-#398258-v1-Resolution__Agreement_for_Access_to_Cook_County_Assessor_GIS__2012
Exhibit 1
 A
 JPH: 2/6/12 Manager’s Report
 *4/2/12


 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-4-C-

 AN ORDINANCE AMENDING CHAPTER 98, ARTICLE IX, SECTIONS
 98-256 AND 98-260 OF THE SKOKIE VILLAGE CODE PERTAINING
 TO THE LOCAL FUEL TAX

 1 WHEREAS, Chapter 98, Article IX, of the Skokie Village Code provides for rules and
 2 regulation pertaining to the Local Fuel Tax; and

 3 WHEREAS, on April 20, 2009, the Mayor and Village Board adopted Village
 4 Ordinance Number 09-4-C-3673 imposing a Local Fuel Tax (“LFT”) in the amount of three
 5 cents ($0.03) per gallon of fuel to become effective June 1, 2009; and

 6 WHEREAS, the aforementioned Ordinance also included a sunset provision which
 7 would operate as an automatic termination of the tax in three years, or May 31, 2012; and

 8 WHEREAS, the cost of resurfacing one mile of roadway continues to be
 9 approximately $450,000 and there is a growing need to resurface more of the Village’s 147
10 miles of streets. Since its implementation, the LFT has generated $1 million per year and has
11 funded five miles of street resurfacing; and

12 WHEREAS, at the February 6, 2012 Village Board Meeting, the Village Manager
13 recommended to the Mayor and Board of Trustees that the LFT be continued and that
14 Chapter 98, Article IX, Sections 98-256 and 98-260 of the Skokie Village Code be amended
15 accordingly; and

16 WHEREAS, the Mayor and Board of Trustees concurred with the recommendation of
17 the Village Manager, and additionally provided for a new three year sunset provision on the
18 LFT; and

19 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on April 2,
20 2012, concurred in the aforesaid recommendation of the Village Manager, including the
21 sunset provision; and

22 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
23 Village of Skokie, Cook County, Illinois;

24 Section 1: That Chapter 98, Article IX, Sections 98-256 and 98-260 of the Skokie
25 Village Code be and the same is hereby amended in the manner hereinafter indicated. The
26 new material is highlighted in bold and the material to be deleted is highlighted and stricken
27 through.

28 ARTICLE IX. LOCAL FUEL TAX


 Page 1 of 2

 VOSDOCS-#399011-v1-Ordinance__Code_Amendment__Chapter_98__Local_Fuel_Tax
 1 …

 2 Sec. 98-256. Registration of retail dealers.

 3 Each retail vehicle fuel dealer, doing business in the vVillage shall register with the
 4 Department of the Village on or before May 31, 2009, or no later than 20 days after
 5 commencement of business as a retail vehicle fuel dealer, whichever is later, using such
 6 registration form as shall be issued by the Department.

 7 …

 8 Sec. 98-260. Automatic termination.

 9 The Local Fuel Tax shall terminate automatically and become null and void on May 31, 2012
10 2015, without any further action by the Mayor and Board of Trustees.

11 Section 2: That this Ordinance shall be in full force and effect from and after its
12 passage, approval and publication in pamphlet form as provided by law.
13
 ADOPTED this day of , 2012.

 Ayes:
 Nays: Village Clerk
 Absent:

 Attested and filed in my office Approved by me this day of
 this day of , 2012; , 2012.
 and published in pamphlet form
 according to law from
 , 2012 to , 2012.
 Mayor, Village of Skokie


 Village Clerk
14
15




 Page 2 of 2

 VOSDOCS-#399011-v1-Ordinance__Code_Amendment__Chapter_98__Local_Fuel_Tax
 JPH: 4/2/12 1
 st
 Reading
 B
 THIS ORDINANCE MAY BE CITED AS
 VILLAGE ORDINANCE NUMBER

 12-4-U-


 AN ORDINANCE AUTHORIZING AN ELECTRICITY AGGREGATION
 PROGRAM IN THE VILLAGE OF SKOKIE, ILLINOIS PURSUANT TO
 THE ILLINOIS POWER AGENCY ACT

 1 WHEREAS, the Illinois Power Agency Act, 20 ILCS 3855/1-1 et seq. (the “Act”),
 2 authorizes the corporate authorities of a municipality to adopt an ordinance authorizing a
 3 program to aggregate electrical loads of residential and small commercial retail customers and
 4 to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity
 5 and related services and equipment for those electrical loads (the “Program”); and

 6 WHEREAS, pursuant to Section 1-92(a) of the Act, the Village may, if authorized by
 7 referendum, operate the Program as an “opt-out” program that applies to all residential and
 8 small commercial retail electrical customers who do not affirmatively choose not to participate
 9 in the Program; and

10 WHEREAS, on March 20, 2012, the voters of the Village of Skokie approved a
11 referendum to authorize the operation of a Program as an “opt-out” program; and

12 WHEREAS, prior to awarding agreements for the provision of electricity and other
13 related services pursuant to the Program, the Act requires the Village Board to adopt an
14 ordinance authorizing the Program; and

15 WHEREAS, the Mayor and Board of Trustees have determined that it is in the best
16 interests of the Village of Skokie and its residents to authorize the Program, as provided in this
17 Ordinance;

18 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
19 Village of Skokie, Cook County, Illinois:

20 Section 1: Recitals. The foregoing recitals are incorporated as if fully set forth in
21 this Ordinance as the findings of the Mayor and Board of Trustees of the Village of Skokie,
22 Illinois.

23 Section 2: Authorization of Electricity Aggregation Program. Pursuant to Section 1-
24 92 of the Act, the Mayor and Board of Trustees shall, and do hereby, authorize the
25 establishment of the Program as an “opt-out” program for the purpose of aggregating electrical
26 loads of residential and small commercial retail electric customers in the Village of Skokie.

27 Section 3: Effective Date. This Ordinance shall be in full force and effect from and
28 after its passage, approval, and publication in pamphlet form as provided by law.

29


 Page 1 of 2
 VOSDOCS-#398269-v1-Ordinance__Authorizing_Electricity_Aggregation_Program
 ADOPTED this day of April, 2012.

Ayes:
Nays: Village Clerk
Absent:

Attested and filed in my office Approved by me this day of
this day of April, 2012; April, 2012.
and published in pamphlet form
according to law from April
 , 2012 to April , 2012.
 Mayor, Village of Skokie


Village Clerk




 Page 2 of 2
VOSDOCS-#398269-v1-Ordinance__Authorizing_Electricity_Aggregation_Program
 JPH: 4/2/12 Unfinished Business
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-4-R-



 A RESOLUTION APPROVING A PLAN OF OPERATION AND
 GOVERNANCE FOR THE ELECTRICITY AGGREGATION PROGRAM


 1 WHEREAS, pursuant to Section 1-92 of the Illinois Power Agency Act, 20 ILCS
 2 3855/1-92 (the “Act”), on April 2, 2012, the Mayor and Board of Trustees adopted Village
 3 Ordinance Number ________, authorizing the establishment of a program for the
 4 aggregation of electrical loads of residential and small commercial retail customers in the
 5 Village of Skokie (the “Electricity Aggregation Program”); and
 6
 7 WHEREAS, pursuant to the Act, the Mayor and Board of Trustees must adopt a plan
 8 of governance for the Electricity Aggregation Program (the “Plan of Governance”) after
 9 completing two duly noticed public hearings conducted for the purpose of considering the
10 Plan of Governance; and
11
12 WHEREAS, after public notice as required by the Act, the Mayor and Board of
13 Trustees held public hearings on February 21, 2012, and March 5, 2012 to consider the
14 Plan of Governance; and
15
16 WHEREAS, the Mayor and Board of Trustees of the Village of Skokie, Illinois have
17 determined that the adoption of the Plan of Governance, attached hereto and marked as
18 Exhibit “1”, will serve and be in the best interests of the Village and its residents;
19
20 NOW THEREFORE BE IT RESOLVED, by the Mayor and Board of Trustees of the
21 Village of Skokie, Cook County, Illinois, that:
22
23 Section 1: Recitals. The foregoing recitals are incorporated as if fully set forth in
24 this Resolution.
25
26 Section 2: Approval of Plan of Governance. The Plan of Governance shall be,
27 and is hereby, approved in substantially the form attached hereto and marked as Exhibit “1”.
28
29 Section 3: Publication of Plan of Governance. The Village Manager shall cause
30 the Plan of Governance to be published on the Village web site. The Village Manager shall
31 make a copy of the Plan of Governance available to residents or businesses upon request.
32
33 Section 4: Effective Date. This Resolution shall be in full force and effect from
34 and after its passage and approval as provided by law.
35
36
37
38


 Page 1 of 2

 VOSDOCS-#398266-v1-Resolution__Approving_Plan_of_Operation_and_Governance__Electricity_Aggregation_Program
 1 PASSED this day of April, 2012.
 2
 3 Ayes:
 4 Nays: Village Clerk
 5 Absent:
 6 Approved by me this day of
 7 Attest: April, 2012.
 8
 9
10
11 Village Clerk Mayor, Village of Skokie
12
13
14
15
16




 Page 2 of 2

 VOSDOCS-#398266-v1-Resolution__Approving_Plan_of_Operation_and_Governance__Electricity_Aggregation_Program
 Exhibit 1




 Village of Skokie
Electricity Aggregation Program
Plan of Operation & Governance
 April 2, 2012
 TABLE OF CONTENTS


I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION .............................................................................1

II. DEFINITIONS .............................................................................................................................................2

III. ROLE OF THE CONSORTIUM......................................................................................................................4

IV. ROLE OF THE [CITY/VILLAGE]....................................................................................................................5

V. ROLE OF THE AGGREGATION CONSULTANT...............................................................................................6

VI. POWER SUPPLY AGREEMENT ...................................................................................................................7

VII. PRICING ..................................................................................................................................................9

VIII. IMPLEMENTATION PROCEDURES ...........................................................................................................9

IX. ADDITIONAL SERVICE TERMS AND CONDITIONS.....................................................................................14

X. INFORMATION AND COMPLAINT NUMBERS............................................................................................15
 Village of Skokie
 Plan of Operation and Governance


I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION
Pursuant to Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92, the Village of
Skokie is authorized to aggregate the electric loads of small commercial and residential
customers located within its municipal boundaries (herein referred to as “municipal aggregation”).
As part of the municipal aggregation, the Village of Skokie may select a retail electric supplier
and enter into a service agreement to facilitate the purchase of electricity and related services
and equipment on behalf of its residents and small businesses.

Additionally, the Act also states:

 The corporate authorities or county board may also exercise such authority jointly
 with any other municipality or county. Two or more municipalities or counties, or a
 combination of both, may initiate a process jointly to authorize aggregation by a
 majority vote of each particular municipality or county as required by this Section.

The municipalities of Deerfield, Glencoe, Highland Park, Lake Bluff, Lake Forest, Northbrook,
Park Ridge, and Skokie, voluntarily and through a formal Intergovernmental Agreement, have
formed the “North Shore Electricity Aggregation Consortium” (“Consortium”) to facilitate their
cooperation toward obtaining the lowest possible electricity rates for their respective residents
and small businesses. The Consortium seeks to collectively aggregate the retail electric loads of
eligible residents and small commercial retail accounts and to solicit bids for the purchase of that
electricity. The Village of Skokie, as a member of the Consortium, has solicited bids seeking
various pricing options, contract terms, and options for increased volumes of renewable energy.
With an estimated 90,000 eligible electric accounts, the Consortium has the potential to attract
lower rates than the current default tariff service rate for its residents and small businesses, while
also acquiring a cleaner portfolio of power supply.

In accordance with the Act, on November 7, 2011, the Village of Skokie approved Resolution No.
11-11-R-1167, authorizing the placement of a referendum on the March 20, 2012 ballot, seeking
authority to create an opt-out municipal aggregation program for its residents and small business
customers. Voters approved the municipal aggregation referendum at the March 20, 2012
primary election. Record of the authorizing votes for the referendum is included in Attachment A
to this Plan of Operation and Governance.

Prior to the passage of the referendum, the Consortium retained the services of a Consultant to
assist with planning and implementing the Program, bidding and selecting the electricity supplier,
and advising Consortium participating municipalities on public outreach and education related to
municipal aggregation.

Residential and small commercial retail customers often lack the resources to conduct due
diligence and negotiate favorable terms with alternate retail electric suppliers on their own. The
Program not only provides these services, but provides the bargaining power achieved through
the size of the Consortium. The municipal aggregation program is designed to reduce the amount
that residents and small businesses pay for electric energy power supply and gain other
favorable terms of service.




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 Village of Skokie
 Plan of Operation and Governance

Neither the Consortium nor its participants will buy or resell power. Rather, the Consortium has
competitively bid, and will negotiate, a contract with a competent and licensed alternative retail
electric supplier (ARES) on behalf of the Consortium participants to provide electric supply at
contracted rates to residents and small businesses in each Consortium community. The ARES
shall provide accurate and understandable pricing and facilitate opt-out notifications. The ARES
will also perform ancillary services for the Consortium participants as described in this Plan.

Because the Village of Skokie adopted an opt-out aggregation program, all eligible customers
located within the Village will participate in the Program unless they affirmatively elect to opt out
of the Program. By identifying the procedures by which customers may opt-out of the Program,
the Village of Skokie ensures that participation is voluntary and individuals have the ability to
decline to participate.

As required by law, this Plan of Operation and Governance describes the Village of Skokie plan
for:

 1) Providing universal access to all applicable residential customers and equitable
 treatment of applicable residential customers;
 2) Providing demand management and energy efficiency services to each class of
 customers; and
 3) Meeting any other legal requirements concerning aggregated electric service.

Consortium participants conducted a public outreach campaign to educate Consortium residents
and small businesses about the Program, and to gather input regarding their preferences for the
development of this Aggregation Plan of Operation and Governance. Outreach efforts included
public meetings, two statutorily-required public hearings, press releases, and discussions with
organizations and residents with a background in energy matters.

The Village of Skokie, the Consultant, and the selected ARES will follow the Plan of Operation
and Governance set forth in this document. Amendments to this Plan of Operation and
Governance may be adopted in accordance with the Act at the option of the Village.


II. DEFINITIONS
In order to clarify certain terminology, the following terms shall have the meanings set forth
below:

“Act” shall refer to the Illinois Power Agency Act, 20 ILCS 3855/1-1 et seq.

“Aggregation” or “Municipal Aggregation” shall mean the pooling of residential and small
commercial retail electrical loads located within the municipality for the purpose of soliciting bids
and entering into service agreements to facilitate for those loads the sale and purchase of
electricity and related services and equipment, all in accordance with Section 1-92 of the Act.

“Aggregation Consultant” or “Consultant” shall refer to any independent consultant with
demonstrated expertise in electric supply contracting that is retained by the Village of Skokie or
the Consortium to assist with the implementation of the Program.




Illinois Community Choice Aggregation Network 2
 Village of Skokie
 Plan of Operation and Governance

“Aggregation Member” or “Member” shall mean a residential or small commercial retail electric
account enrolled in the Village of Skokie Municipal Aggregation Program.

“Aggregation Program” or “Program” shall mean the program established by the Village of Skokie
to provide residential and small commercial members in the Village with retail electric supply, as
described in this Plan.

“Alternative Retail Electric Supplier” or “ARES” shall mean an entity certified by the ICC to offer
electric power or energy for sale, lease or in exchange for other value received to one or more
retail customers, or that engages in the delivery or furnishing of electric power or energy to such
retail customers, and shall include, without limitation, resellers, aggregators and power
marketers, but shall not include the Electric Utility or the Aggregation Members. For purposes of
this Plan, the definition of Alternative Retail Electric Supplier is more completely set forth in 220
ILCS 5/16-102.

“Ancillary Services” shall mean the necessary services that shall be provided in the generation
and delivery of electricity. As defined by the Federal Energy Regulatory Commission, “Ancillary
Services” include, without limitation: coordination and scheduling services (load following, energy
imbalance service, control of transmission congestion); automatic generation control (load
frequency control and the economic dispatch of plants); contractual agreements (loss
compensation service); and support of system integrity and security (reactive power, or spinning
and operating reserves).

“Village” shall mean the Village of Skokie.

“Commonwealth Edison” or “ComEd” shall mean the Commonwealth Edison Utility Company as
the entity that has a franchise, license, permit or right to distribute, furnish or sell electricity to
retail customers within the Consortium municipalities.

“Consortium” shall mean the North Shore Electricity Aggregation Consortium.

“Default Tariff Service” shall mean the electricity supply services available to eligible retail
customers of the Electric Utility.

“Electric Utility” shall mean Commonwealth Edison, as the entity that has a franchise, license,
permit or right to distribute, furnish or sell electricity to retail customers within the Village of
Skokie.

“Eligible Retail Customer” shall mean a residential and small commercial retail customer of the
Utility.

“ICC” shall mean the Illinois Commerce Commission as described in 220 ILCS 5/2-101.

“IPA” shall mean the Illinois Power Agency.

“Joint Power Supply Bid” shall mean the single procurement process utilized by the Consortium
on behalf of its participating municipalities to solicit price and service offers from certified
Alternative Retail Electric Suppliers.



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 Village of Skokie
 Plan of Operation and Governance

“Load” shall mean the total demand for electric energy required to serve the Village’s residential
and small commercial customers in the Aggregation Program.

“Opt-Out” shall mean the process by which a Member who would be included in the Program
chooses not to participate in the Program.

“Opt-Out Notice” shall mean the notice delivered to each Member by the ARES, identifying the
procedures and protocols for the Member to opt out of, and choose not to participate in, the
Program.

“PIPP” shall mean a Percentage of Income Payment Plan created by the Emergency Assistance
Act, 305 ILCS 20-18, to provide a bill payment assistance program for low-income residential
customers.

“PJM” shall mean the PJM Interconnection, a regional transmission organization that coordinates
the movement of wholesale electricity in all or parts of 13 states and the District of Columbia
including the Commonwealth Edison service territory.

“Plan” shall mean this Aggregation Plan of Operation and Governance.

“Power Supply Agreement” shall mean the contract between the Village of Skokie and the
Alternative Retail Electric Supplier.

“REC” shall mean Renewable Energy Credits certified in a manner consistent with the
requirements of the Illinois Renewable Portfolio Standard.

“Retail Customer Identification Information” shall mean the retail customer information supplied
by the Electric Utility to the ARES in connection with the implementation of the Aggregation
Program.

“Small Commercial Retail Customer” shall mean a retail customer that consumes 15,000 kilowatt-
hours or less of electricity; provided, however, that the definition of Small Commercial Retail
Customer shall include such other definition or description as may become required by law or
tariff.

III. ROLE OF THE CONSORTIUM

A. The Consortium, with the assistance of the Consultant, has conducted a Joint Power Supply
 Bid, utilizing the agreed-to technical specifications, bidder requirements, bidding processes,
 and contract documents, to select a single Alternative Retail Electric Supplier (ARES). The
 Consortium has evaluated the bids received and has recommended a single Alternative Retail
 Electric Supplier to serve as the electricity supplier to all participating municipalities in the
 Consortium.

B. After passage of the referenda within the Consortium participant municipalities, the
 Consortium, with the assistance of the Consultant, prepared and submitted to ComEd a
 warrant, demonstrating the passage of each Consortium participant’s referendum and
 requesting the identification of retail and small commercial electric customer account
 information and generic load profiles for each Consortium participant.


Illinois Community Choice Aggregation Network 4
 Village of Skokie
 Plan of Operation and Governance


C. After the adoption of this Plan, the corporate authorities of the Village of Skokie will consider
 approval of the Power Supply Agreement with the selected ARES for the provision of
 electrical power to the Village’s Program pursuant to the Joint Power Supply Bid.

D. After the adoption of this Plan, the Consortium, with the assistance of the Consultant, shall
 prepare data requests for each Consortium participant to submit to ComEd seeking the
 generic account data of residential and small commercial retail customers for the Consortium
 participant.


IV. ROLE OF THE VILLAGE OF SKOKIE
A. The Village of Skokie shall be responsible for all financial obligations identified in the
 intergovernmental agreement establishing the Consortium.

B. The Village of Skokie shall be responsible for issuing all required public notices and
 conducting all required public hearings concerning this Plan, and any amendments thereto, in
 accordance with Section 1-92 of the Act.

C. The Village of Skokie shall be responsible for providing the Consultant and ARES with
 resources and publicly available material to screen out customers who are not located within
 the municipal boundaries. Those resources may include any or all of the following: property
 records, water and/or sewer records, fire and/or police department address records, 911
 address records, street listings, and maps.

D. The Village of Skokie shall adopt: (1) an ordinance authorizing an opt-out electric aggregation
 program; and (2) this Plan of Operation and Governance.

E. The Village of Skokie may accept or reject the Consortium’s selected ARES or Power Supply
 Agreement. The Village is under no obligation to enter into any Power Supply Agreement
 with any ARES and may, in its discretion, choose to have its aggregation members remain on
 ComEd’s default tariff service, or to re-bid the electric service under the same or amended
 terms of this Plan.

F. The Village of Skokie and Consultant will review the customer list to remove ineligible
 customers; provided however, that the Village and Consultant shall have no responsibility to
 potential aggregation Members or the ARES for the accuracy of the customer account
 information provided.

G. The Village of Skokie shall forward to ComEd requests for consumer account data.

H. The Village of Skokie will maintain the customer information it receives in a confidential
 manner as required by law, and will use that information only for purposes of its Municipal
 Aggregation. The Village may assign access to the customer information to the Consultant
 for the purposes of soliciting supply and service bids on behalf of the Village. The Consultant
 is bound by confidentiality requirements in this regard, and shall only access and utilize
 consumer data at the direction of the Village. Customer account information will be




Illinois Community Choice Aggregation Network 5
 Village of Skokie
 Plan of Operation and Governance

 considered confidential and will not be disclosed under the Freedom of Information Act,
 except as required by law.

I. The Village of Skokie is not responsible for providing electricity to the members of the
 Aggregation, or for billing or collecting for electricity provided under any ARES power supply
 agreement, and has no responsibility beyond the duties described herein. ComEd will
 continue to provide a single bill to Aggregation Members for all electrical charges.

V. ROLE OF THE AGGREGATION CONSULTANT

A. Duties. The Aggregation Consultant shall advise the Consortium and the Village of Skokie
 and shall assist the Village with the development and implementation of its Municipal
 Aggregation Program, including advising staff and elected officials on all aspects of the
 program; developing all necessary documents, soliciting and reviewing bids received, making
 recommendations as appropriate, and monitoring the ARES’ compliance with the
 requirements of the Power Supply Agreement.

B. Required Independence and Disclosures. As required by the Electric Service Customer
 Choice Act, 220 ILCS 5/16-101 et seq., the Consultant will be in a fiduciary relationship with
 the Consortium and owes the Consortium and its participating municipalities the duty of
 loyalty and independent judgment. The Consultant will be disqualified if it acts as the agent
 for any ICC-certified ARES. It is the duty of the Consultant to disclose any such relationships
 to the Consortium and to the Village of Skokie and to terminate its agency for the ARES in the
 event of such a relationship. Breach of these terms may result in the termination by the
 Consortium of the agreement between the Consortium and the Consultant.

C. Fee. The Consultant shall be paid directly by the Consortium in accordance with the separate
 agreement between the Consortium and the Consultant. The Consortium will be reimbursed
 by the ARES with whom the Village of Skokie enters into a Power Supply Agreement, in a
 manner to be approved by the Consortium and the Village.

D. Confidentiality. The Consultant shall not have access to any confidential customer account
 information unless so allowed by the Village of Skokie and bound by a confidentiality
 agreement. In the event the Consultant becomes privy to any confidential customer account
 information, it agrees not to use that information for any purposes outside the scope of the
 services provided by its agreement with the Consortium, and specifically agrees not to use for
 itself, or to sell, trade, disseminate or otherwise transfer, that information to any other party for
 any purpose other than in furtherance of the Aggregation Program.

E. Consortium Assistance. The Consultant shall advise the Village of Skokie on any changes in
 laws, rules, tariffs or any other regulatory matter that impacts the Aggregation during the term
 of the Power Supply Agreement.

F. Ownership of Work Product. The Consultant shall not: (1) use any Village of Skokie or
 Consortium work product for any other client; or (2) represent any Village of Skokie or
 Consortium work product as its own.




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 Village of Skokie
 Plan of Operation and Governance

VI. POWER SUPPLY AGREEMENT
The Village of Skokie, at its option, will execute a Power Supply Agreement with the selected
ARES, in accordance with the following:

A. Term. The Village of Skokie’s first Power Supply Agreement shall be for a minimum of a one-
 year period. If the Agreement is extended or renewed, the Consultant will notify the Village of
 changes in the rules of the ICC and IPA that require changes in rates or service conditions.
 The Village will have the discretion to set the length of any subsequent contract term.

B. Rate. The agreement shall specify the approved rates and the power mix for the Program,
 and shall specify additional fees (if any).

C. Supply of Power. The ARES shall supply electricity for the program that includes: (1) the
 minimum renewable energy resources required by the State of Illinois Renewable Portfolio
 Standard; and (2) at the option of the Village of Skokie, electricity that exceeds the current
 renewable energy resource requirements of the Illinois Renewable Portfolio Standard by
 securing Renewable Energy Credits sourced through PJM-registered hydroelectric, wind,
 solar, photovoltaic or captured methane-landfill gas.

D. Compliance with Requirements in the Bid. The agreement shall require the ARES to maintain
 all required qualifications, and to provide all services required pursuant to the Joint Power
 Supply Bid.

E. Compliance with Plan. The Agreement shall require the ARES to provide all services in
 compliance with this Plan, as may be amended. Specifically, and without limitation of the
 foregoing, the ARES shall provide the Village of Skokie with such reports and information as
 required in this Plan.

F. Non-Competition. The ARES must agree not to solicit or contract directly with eligible
 Aggregation Program members for service or rates outside the Aggregation Program, and
 agrees not to use the member information for any other marketing purposes.

G. Hold Harmless. The ARES must agree to hold the Village of Skokie harmless from any and
 all financial obligations arising from the Program.

H. Insurance. The ARES shall obtain and maintain, for the duration of the Power Supply
 Agreement, such proof of insurance and performance security as the Village of Skokie deems
 necessary.

I. Additional Services. The Agreement may provide that the ARES will assist the Village of
 Skokie in developing a Member Education Plan. The Agreement may provide that the ARES
 will assist the Village in developing Energy Efficiency and/or Demand Response programs.
 The Agreement will not preclude the Village from developing its own Member Education,
 Energy Efficiency, and Demand Response programs.




Illinois Community Choice Aggregation Network 7
 Village of Skokie
 Plan of Operation and Governance

J. Fees and Charges:

 1. Additional Fees Prohibited. Neither the Village of Skokie nor the ARES will impose
 any terms, conditions, fees, or charges on any Member served by the Program
 unless the particular term, condition, fee, or charge is: (a) identified in this Plan;
 and (b) clearly disclosed to the Member at the time the Member enrolls in, or
 chooses not to opt out of, the Program.

 2. ComEd will continue to bill for late payments, delivery charges, and monthly
 service fees. These charges apply whether or not a Member switches to the
 ARES.

 3. Termination, Enrollment, and Switching Fees shall not be charged except as
 permitted by this Plan.

K. Costs. All costs of the aggregation program development and administration will be paid by
 the ARES. Specifically, and without limitation of the foregoing, the ARES shall reimburse the
 Village of Skokie for all professional, legal, Consultant, and administrative costs incurred by
 the Village in connection with its adoption of its Aggregation Program and the negotiation and
 execution of the Power Supply Agreement.

L. Termination of Service.

 1. End of Term. The Power Supply Agreement with the ARES will terminate upon its
 expiration.

 2. Early Termination. The Village of Skokie will have the right to terminate the Power
 Supply Agreement prior to the expiration of the term in the event the ARES
 commits any act of default. Acts of default include but are not limited to the
 following:

 a. Breach of confidentiality regarding Member information;

 b. The disqualification of the ARES to perform the services due to the lapse or
 revocation of any required license or certification identified as a qualification in
 the Joint Power Supply Bid;

 c. ComEd’s termination of its relationship with the ARES;

 d. Any act or omission which constitutes deception by affirmative statement or
 practice, or by omission, fraud, misrepresentation, or a bad faith practice;

 e. Billing in excess of the approved rates and charges;

 f. Billing or attempting to collect any charge other than the approved kWh rates
 and contractually approved charges; or

 g. Failure to perform at a minimum level of customer service required by the
 Village of Skokie.


Illinois Community Choice Aggregation Network 8
 Village of Skokie
 Plan of Operation and Governance

Upon termination for any reason, the Village of Skokie will notify ComEd to return the
Aggregation Members to the Default Tariff Service. Upon termination, each individual Member
will receive written notification from the Village of the termination of the Program.

VII. PRICING
A. Pricing Methodology. The Village of Skokie and the Consortium intend to establish a price for
 the purchase of electricity for the Program by first setting a fixed price for the vendor margin
 to be paid to the selected ARES, and then by adding the established vendor margin to the
 market price. The Village of Skokie and the Consortium reserve the right to establish a price
 through a different methodology as may be developed by the Village, the Consortium, and the
 selected ARES.

B. Commodity Price Settlement. The Consortium and the Consultant will request and receive
 from the selected ARES daily market price quotes for a period of not less than 12 months,
 upon: (i) the approval of the referendum in each municipality participating in the Consortium;
 (ii) approval by each municipality of the Program and the Plan; and (iii) execution by each
 municipality of its Power Supply Agreement with the selected ARES. The daily market price
 quotes will detail the line item costs of energy supply, capacity, transmission, and ancillary
 services available to the Consortium that day. The daily market price quotes will be reviewed
 by the Consultant to establish that the individual pricing details are i) consistent with market
 prices and tariffs; and ii) consistent with the terms of the Power Supply Agreement. If the
 daily market price quote is deemed unacceptable, the Consortium municipalities will not be
 obligated to accept the pricing. If the daily market price quote is deemed acceptable by the
 Consultant, the Consultant will inform the representatives of each Consortium participant of
 the price and pricing components and recommend acceptance. If accepted, the
 representatives of each Consortium participant will affirm acceptance of the commodity price
 plus the approved vendor margin verbally and in writing to the selected ARES on that same
 day.

C. Recording. The commodity price established for the Consortium will be added to the pricing
 appendix in each Consortium participant’s Power Supply Agreement. Costs associated with
 additional Renewable Energy Credits may be added to the commodity price settlement at the
 discretion of the Village of Skokie.

VIII. IMPLEMENTATION PROCEDURES
A. Development of Member Database. Pursuant to ICC regulations, after this Plan is approved
 by the Village of Skokie, the Village Manager or his or her designee will then submit a Direct
 Access Request and Government Authority Aggregation Form to ComEd (ILL.C.C. No.10
 Rate GAP Government Aggregation Protocols, Sheets 406-411, April 17, 2011), requesting
 that it provide the Village with Retail Customer Identification Information. ComEd will provide
 the Village of Skokie with the requested information within 10 business days after receiving
 the request in accordance with those adopted protocols.

 After selecting and contracting with an ARES, the Village of Skokie, with the assistance of the
 Consultant, under confidential agreement with the ARES, will work with the ARES to remove
 any customers determined to be ineligible due to one or more of the following:

 1. The customer is not located within the Village of Skokie;


Illinois Community Choice Aggregation Network 9
 Village of Skokie
 Plan of Operation and Governance

 2. The customer has a pre-existing agreement with another ARES and has not
 delivered to the Village of Skokie a written request to switch to the Aggregation
 Program;

 3. The customer has free ComEd service;

 4. The customer is an hourly rate ComEd customer (real time pricing);

 5. The customer is on ComEd’s electric heat rate; or

 6. The customer is on a ComEd bundled hold (i.e. the customer recently terminated
 service from a different ARES and re-established service through ComEd).

 The ARES and the Village of Skokie will complete this eligibility review within 5 business
 days.

 The Retail Customer Identification Information will remain the property of the Village of
 Skokie, and the ARES will comply with the confidentiality and non-compete provisions in the
 Power Supply Agreement.

 After the Retail Customer Identification Information is reviewed, the ARES will mail the Opt-
 Out Notices described below to all eligible account holders within the boundaries of the
 Village of Skokie.

 Except as expressly permitted in the Power Supply Agreement, the ARES shall treat all
 customers equally and shall not deny service to any customer in the Aggregation, or alter
 rates for different classes of customers other than by offering the rates set forth in the Power
 Supply Agreement.

B. Maintenance of Accurate and Secure Customer Records. The ARES will maintain a secure
 database of Customer Account Information. The database will include the ComEd account
 number, and ARES account number of each active Member, and other pertinent information
 such as rate code, rider code (if applicable), and usage and demand history. The database
 will be updated on an ongoing basis.

 The ARES shall preserve the confidentiality of all Aggregation Members’ account information
 and of the database, and shall agree to adopt and follow protocols to preserve that
 confidentiality. The ARES, as a material condition of any contract, shall not disclose, use, sell
 or provide customer account information to any person, firm or entity for any purpose outside
 the operation of this Municipal Aggregation Program. This provision will survive the
 termination of the agreement. The Village of Skokie, upon receiving customer information
 from ComEd, shall be subject to the limitations on the disclosure of that information described
 in Section 2HH of the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2HH. The
 ARES will keep Customer Account Information for a minimum of two years following the
 termination of the Power Supply Agreement.

C. Opt-Out Process. The Village of Skokie’s Aggregation is an opt-out program pursuant to 20
 ILCS 3855/1-92. Any eligible electric account that opts out of the Program pursuant to the



Illinois Community Choice Aggregation Network 10
 Village of Skokie
 Plan of Operation and Governance

 procedures stated below will automatically be placed on the ComEd default tariff service
 unless and until the accountholder chooses another ARES.

 1. Manner of Providing Notices and Information. The ARES will be required to pay for
 printing and mailing of all Aggregation and Opt-Out Notices on Village of Skokie
 envelope and letterhead. The ARES will mail Aggregation and Opt-Out Notices to
 the eligible account holders within the boundaries of the Village of Skokie at the
 address provided with the Retail Customer Identification Information provided by
 ComEd. The ARES must manage the Opt-Out Notice process under the
 supervision of the Village and the Consultant. A single database must be used to
 track account enrollment and billing data.

 2. Content of Notice. The Village of Skokie and the ARES will agree to the format
 and contents of the Aggregation and Opt-Out Notices prior to distribution or
 mailing. No such Notice shall be distributed or mailed except upon the express
 prior approval of the Village. The Notice will inform the electric account owner of
 the existence of the Aggregation Program, the identity of the ARES, and the rates
 to be charged. The Notice will also inform PIPP customers of the consequences of
 participating in the Aggregation.

 The Notice will provide a method for customers to opt out of the Aggregation
 Program. The Notice shall indicate that it is from the Village of Skokie, and include
 the Village name and logo on the envelope. The Notice shall be signed by a duly-
 authorized representative of the Village.

 Aggregation Members shall have 21 calendar days from the postmark date on the
 notice to mail the Opt-Out card back to the ARES stating their intention to opt out
 of the Village of Skokie Aggregation Program (“Opt-Out Period”). The ARES may
 offer additional means of opting out, such as a toll-free number, website, smart
 device quick response code, email address or fax number, each of which must be
 received within the Opt-Out Period. Upon receipt of an opt-out reply, the ARES will
 remove the account from the Aggregation Program. The time to respond shall be
 calculated based on the postmark date of the notice to the customer and the
 postmark date of the customer’s response.

 After the expiration of the Opt-Out Period, the Member list shall become final. All
 customers who have not opted out will be automatically enrolled as Members in the
 Program. Customers will not need to take any affirmative steps in order to be
 included in the Program.

 In the event that an eligible Aggregation Member is inadvertently not sent an Opt-
 Out Notice, or is inadvertently omitted from the Program, the ARES will work with
 the Village of Skokie and the Member to ensure that the Member’s decision to
 remain in, or opt out of, the Program is properly recorded and implemented by the
 ARES.

 3. Notification to ComEd. Pursuant to ILL.C.C. No.10, Rate GAP, after the Opt-Out
 Notice period has expired, the ARES shall submit the account numbers of
 participating Aggregation Members to ComEd and the rate to be charged to those


Illinois Community Choice Aggregation Network 11
 Village of Skokie
 Plan of Operation and Governance

 members pursuant to the Power Supply Agreement. The ARES will provide that
 information to ComEd in the format ComEd requires.

 4. ComEd will then notify members that they have been switched to the ARES and
 provide the member with the name and contact information of the ARES.
 Members will have the option to rescind their participation in the program according
 to procedures established by ComEd and the ARES.

D. Activation of Service. Upon notification to ComEd, the ARES will begin to provide electric
 power supply to the members of the Aggregation Program without affirmative action from the
 members. The service will begin on the member’s normal meter read date within a month
 when power deliveries begin under the Aggregation Program.

E. Enrollments:

 1. New Accounts. The ARES must facilitate the addition of new member accounts to
 the Aggregation Program during the term of the Power Supply Agreement.
 Residents and businesses that move into the community after the Opt-Out Period
 will NOT be automatically included in the Aggregation Program. Members wishing
 to opt in to the Aggregation Program may contact the ARES to obtain enrollment
 information. All new accounts shall be entitled to the rates set forth in the Power
 Supply Agreement.

 2. Re-Joining the Aggregation Group. After opting out, Members may rejoin the
 Program at a later date in the same manner as new residents moving into the
 Village of Skokie. These members may contact the ARES at any time to obtain
 enrollment information. The ARES must make commercially reasonable efforts to
 provide electric power supply to all such re-joining Members at the rates set forth in
 the Power Supply Agreement.

 3. Percentage of Income Payment Plan (PIPP) participation. The ARES must
 facilitate billing for residents enrolled in the PIPP bill payment assistance program
 for low-income residential customers. The ARES must also notify PIPP customers
 of the consequences of participating in the Aggregation.

 4. Change of Address. Members who move from one location to another within the
 corporate limits of the Village of Skokie shall retain their participant status,
 pursuant to Section VIII.G.4 of this Plan.

 5. The ARES will establish procedures and protocols to work with ComEd on an
 ongoing basis to add, delete or change any member participation or rate
 information.

F. Member Services:

 1. Program Management and Documentation: The ARES must have standard
 operating procedures in place that govern Member education, Opt-out notification,
 Member inquiries, and public outreach regarding the Aggregation Program.



Illinois Community Choice Aggregation Network 12
 Village of Skokie
 Plan of Operation and Governance

 2. Member Inquiries.

 a. Procedures for Handling Customer Complaints and Dispute Resolution.
 Concerns regarding service reliability should be directed to ComEd, billing
 questions should be directed to ComEd or the ARES, and any unresolved
 disputes should be directed to the ICC.

 b. Telephone Inquiries. The ARES must maintain a local or toll-free telephone
 access line which will be available to Aggregation Members 24 hours a day,
 seven days a week. Trained company representatives will be available to
 respond to customer telephone inquiries during normal business hours. After
 normal business hours, the access line may be answered by a service or an
 automated response system, including an answering machine. Inquiries
 received after normal business hours must be responded to by a trained
 company representative on the next business day. Under normal operating
 conditions, telephone answer times by a customer representative, including
 wait time, shall not exceed 30 seconds when the connection is made. If the call
 needs to be transferred, transfer time shall not exceed 30 seconds. These
 standards shall be met no less than 90 percent of the time under normal
 operating conditions, measured on a quarterly basis.

 c. Internet and Email. The ARES must establish and maintain a website for the
 Aggregation Members. The website will provide basic information concerning
 the Aggregation Program and will facilitate member inquiries by providing a
 platform for the submission of questions by email or text. Responses to
 inquiries submitted through the website platform must be generated within 24
 hours.

 d. Multilingual Services. The ARES must provide customer service for Members
 requiring non-English verbal and written assistance.

 e. Hearing Impaired. The ARES must provide customer service for hearing
 impaired Members.

 3. The ARES will provide the Aggregation Members with updates and disclosures
 mandated by ICC and IPA rules.

G. Billing and Fees.

 1. Collection and credit procedures remain the responsibility of ComEd and the
 individual Aggregation Member. Members are required to remit and comply with
 the payment terms of ComEd. The Village of Skokie will not be responsible for late
 payment or non-payment of any Member accounts. Neither the Village nor the
 ARES shall have separate credit or deposit policies for Members.

 2. Early Termination. Members may terminate service from the ARES without penalty
 if they relocate outside of the Village of Skokie. Members who did not opt out of
 the Program during the Opt-Out Period and who later leave the Program for other
 reasons may be assessed an early termination fee by the ARES in the amount set


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 Village of Skokie
 Plan of Operation and Governance

 forth in the Power Supply Agreement, but in no event in an amount greater than
 $25.

 3. Enrollment Fee. For any new Member that joins the Program after the activation of
 service by the ARES for the Village of Skokie, the ARES may charge an enrollment
 fee only to establish service at a property for which the ARES had not previously
 provided service in the preceding 30 days. The ARES shall not charge any
 enrollment fee with respect to any property for which the identity of the Member is
 changed but at which service is interrupted for a period of less than 30 days. Any
 enrollment fee authorized pursuant to this Paragraph shall be in the amount set
 forth in the Power Supply Agreement, but in no event in an amount greater than
 $25.

 4. Switching Fee. Members changing residency within the Village of Skokie will not
 be assessed early termination or enrollment fees. The ARES shall continue
 service at the same rate and under the same terms and conditions for any Member
 who relocates within the Village prior to the expiration of the contract term,
 providing that the Member notifies the ARES of his or her desire to do so with 30
 days’ notice. Moving within the Village may cause the Member to be served for a
 brief period of time by ComEd. The ARES shall have the right to bill the participant
 for any associated switching fee imposed by ComEd.

H. Reliability of Power Supply: The Program will only affect the generation source of power.
 ComEd will continue to deliver power through their transmission and distribution systems.
 Responsibility for maintaining system reliability continues to rest with ComEd. If Members
 have service reliability problems, they should contact ComEd for repairs. The ICC has
 established “Minimum Reliability Standards” for all utilities operating distribution systems in
 Illinois. Member outages, duration of outages, interruptions, etc., are monitored to ensure
 reliability remains at satisfactory levels. In addition to maintaining the “wires” system, ComEd
 is required to be the “Provider of Last Resort,” meaning that should the Vendor fail for any
 reason to deliver any or all of the electricity needed to serve the Members’ needs, ComEd will
 immediately provide any supplemental electricity to the Members as may be required.
 ComEd would then bill the ARES for the power provided on their behalf, and the Members
 would incur no additional cost therefor.

IX. ADDITIONAL SERVICE TERMS AND CONDITIONS
A. Member Education. At the direction of the Village of Skokie, the ARES will assist the Village
 in developing a Member Education Plan.

B. Reporting. The ARES will provide to the Village of Skokie and to the Consultant the following
 reports:

 1. Power Mix Reporting. The ARES will deliver quarterly reports to the Village of
 Skokie and the Consultant which substantiate that: (a) it generated or purchased
 electricity with the claimed attributes in amounts sufficient to match actual
 consumption by the Village; (b) the electricity was supplied to the interconnected
 grid serving the Village.




Illinois Community Choice Aggregation Network 14
 Village of Skokie
 Plan of Operation and Governance

 The report will show the source of the power and demonstrate that the power was
 provided in accordance with Renewable Portfolio Standards and the federal Clean
 Air Act regulations and permits.

 2. REC Reporting. The ARES will deliver reports that provide competent and reliable
 evidence to support the fact that it purchased properly certified REC in a sufficient
 quantity to offset the non-renewable energy provided in the mix.

 3. Aggregation Reports. The ARES will provide the Village of Skokie with quarterly
 reports showing the number of Members participating in the Aggregation Program
 and the total cost for energy provided to the Aggregation as compared to the
 ComEd’s default tariff service rates. In addition, the ARES will report its efforts at
 member education.

C. Limitation of Liability. The Village of Skokie shall not be liable to Aggregation Members for
 any claims, however styled, arising out of the aggregation program or out of any Village act or
 omission in facilitating the Municipal Aggregation Program.


X. INFORMATION AND COMPLAINT NUMBERS
Copies of this Plan will be available from the Village of Skokie free of charge at www.skokie.org .
Call (847) 673-0500 for more information. Any electric customer, including any participant in the
Village of Skokie’s aggregation program, may contact the Illinois Commerce Commission for
information, or to make a complaint against the Program, the ARES or ComEd. The ICC may be
reached toll free at 217-782-5793.




Illinois Community Choice Aggregation Network 15
 JPH: 4/2/12 Unfinished Business
 THIS RESOLUTION MAY BE CITED AS
 VILLAGE RESOLUTION

 12-4-R-


 A RESOLUTION APPROVING AND AUTHORIZING AN AGREEMENT
 WITH MC SQUARED ENERGY SERVICES, LLC FOR THE PROVISION
 OF ELECTRICITY FOR THE VILLAGE OF SKOKIE ELECTRICITY
 AGGREGATION PROGRAM

 1 WHEREAS, pursuant to Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92
 2 (the “Act”), on April 2, 2012, the Mayor and Board of Trustees of the Village of Skokie, Illinois
 3 adopted Village Ordinance Number 12-4-U-_______, authorizing the establishment of an opt-out
 4 program for the aggregation of electrical loads of residential and small commercial retail
 5 customers in the Village of Skokie (“Electricity Aggregation Program”); and

 6 WHEREAS, pursuant to Section 1-92(b) of the Act, on April 2, 2012, the Mayor and Board
 7 of Trustees adopted Village Resolution Number 12-4-R-______, approving a plan of governance
 8 for the Electricity Aggregation Program; and

 9 WHEREAS, the Village of Skokie is a member of the North Shore Electricity Aggregation
10 Consortium (the “Consortium”), an intergovernmental association formed to facilitate the
11 cooperation of its member municipalities toward obtaining the lowest possible electricity rates for
12 their respective residents and small businesses; and

13 WHEREAS, pursuant to the Act, the Consortium sought bids for the award of a contract for
14 the provision of electricity for the Electricity Aggregation Program (the “Contract”); and

15 WHEREAS, MC Squared Energy Services, LLC, of Chicago, Illinois (“MC Squared”), was
16 the low responsible bidder of the firms that submitted bid packages to the Consortium; and

17 WHEREAS, based upon the pricing schedule in the bid package submitted by Mc Squared
18 which is lower than the pricing schedule offered by ComEd, the Village of Skokie anticipates that
19 residential and small commercial retail customers within the Village will realize significant cost
20 savings for electric supply to residential and small commercial retail customers; and

21 WHEREAS, pursuant to the terms of the Agreement, MC Squared, the Village, and the
22 other members of the Consortium will, on a daily basis, monitor the electricity market to identify and
23 establish a final price for the electricity to be supplied to the Electricity Aggregation Program; and

24 WHEREAS, the Village of Skokie and the other members of the Consortium expect that the
25 daily market price quotes will result in a final electricity price for the Electricity Aggregation Program
26 that is deemed to be advantageous to the residents and small businesses within the Village and the
27 other municipalities of the Consortium; and

28 WHEREAS, the Village Manager recommended to the Mayor and Board of Trustees that the
29 Power Supply Agreement with MC Squared for the provision of electricity for the Electricity
30 Aggregation Program, be approved substantially in the form attached hereto and marked as Exhibit
31 “1”, subject to changes approved by the Village Manager or designee and the Corporation Counsel
32 of the Village of Skokie;
 Page 1 of 2
 VOSDOCS-#398263-v1-Resolution__Contract_for_Provision_of_Electricity__Electricity_Aggregation_Program
 1 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
 2 of Skokie, Cook County, Illinois that the Power Supply Agreement with MC Squared for the
 3 provision of electricity for the Electricity Aggregation Program, a copy of which is attached hereto
 4 and marked Exhibit “1”, or subject to changes approved by the Corporation Counsel and Village
 5 Manager or designee, be and the same is hereby approved.

 6 BE IT FURTHER RESOLVED by the Mayor and Board of Trustees of the Village of Skokie,
 7 Cook County, Illinois that the Village Manager is hereby authorized to execute the Power Supply
 8 Agreement with MC Squared for the provision of electricity for the Electricity Aggregation Program,
 9 a copy of which is attached hereto and marked Exhibit “1”, subject to changes approved by the
10 Corporation Counsel and Village Manager or designee.
11 PASSED this day of April, 2012.
12
13 Ayes:
14 Nays: Village Clerk
15 Absent:
16 Approved by me this day of
17 Attest: April, 2012.
18
19
20
21 Village Clerk Mayor, Village of Skokie
22
23
24
25
26




 Page 2 of 2
 VOSDOCS-#398263-v1-Resolution__Contract_for_Provision_of_Electricity__Electricity_Aggregation_Program
 Exhibit 1

 Power Supply Agreement

 By and Between
 The Village of Skokie and MC Squared Energy Services, LLC

 This Power Supply Agreement (“Agreement”) is entered into as of this ______ day of
________, 2012 (“Effective Date”), by and between the Village of Skokie, (“Village”), an
Illinois municipal corporation, and MC Squared Energy Services, LLC (“Vendor”), an Illinois
limited liability company with an office located at 10 South Riverside Plaza, Suite 1800,
Chicago, Illinois 60606. Vendor and the Village are sometimes hereinafter referred to
individually as a “Party” or collectively as the “Parties”.


 WITNESSETH

 WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 (“Act”),
authorizes the corporate authorities of a municipality to establish a program to aggregate
electrical loads of residential and small commercial retail customers and to solicit bids and
enter into service agreements to facilitate the sale and purchase of electricity and related
services and equipment for those electrical loads (“Aggregation”); and

 WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum,
operate an Electricity Aggregation Program as an “opt-out” program that applies to all
residential and small commercial retail electrical customers who do not affirmatively choose
not to participate; and

 WHEREAS, the Village is a member of the North Shore Electricity Aggregation
Consortium, which includes the Villages of Deerfield, Glencoe, Lake Bluff, Northbrook, and
Skokie, and the Cities of Highland Park, Lake Forest and Park Ridge (“Consortium”), which
Consortium was established pursuant to Article VII, Section 10 of the Illinois Constitution of
1970, the Intergovernmental Cooperation Action, 5 ILCS 220/1 et seq., and Section 1-92 of
the Act, 20 ILCS 3855/1-92 to facilitate joint action and intergovernmental cooperation
concerning the Aggregation; and

 WHEREAS, on March 20, 2012, the voters of the Village approved a referendum to
authorize the operation of a Program as an “opt-out” program pursuant to the Act; and

 WHEREAS, although each member of the Consortium will operate a separate
Electricity Aggregation Program for its residents, the Consortium members collectively
determined that combining the bidding and contracting process to obtain the supply of electric
power for each Consortium member’s Aggregation could provide potential savings through a
joint project bid (“Joint Power Supply Bid”); and

 WHEREAS, the Joint Power Supply Bid was issued on February 20, 2012; and

 WHEREAS, Vendor is an ARES registered with and certified by the ICC and was
identified as the lowest responsible bidder pursuant to the Joint Power Supply Bid; and

 WHEREAS, the Village has selected Vendor as the supplier for the Aggregation; and
 WHEREAS, the Village and Vendor desire to establish the rights and obligations of the
Parties with respect to aggregating, determining a price and supplying the Aggregation and
related services (the “Program”).

 NOW, THEREFORE, the Parties, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, agree as follows:

 ARTICLE 1: RECITALS

 The foregoing recitals are, by this reference, fully incorporated into and made part of
this Agreement.

 ARTICLE 2: DEFINITIONS

Whenever used in this Agreement, the following terms shall have the meanings defined
below except where the context indicates otherwise:

 A. “Affiliate” shall mean any person, firm, corporation (including, without limitation,
 service corporation and professional corporation), partnership (including, without
 limitation, general partnership, limited partnership and limited liability partnership),
 limited liability company, joint venture, business trust, association or other entity that
 now or in the future directly or indirectly controls, is controlled by, or is under common
 control with Vendor.
 B. “Act” shall refer to the Illinois Power Agency Act, 20 ILCS 3855/1-1 et seq.
 C. “Aggregation” or “Municipal Aggregation” shall mean the pooling of residential and
 small commercial retail electrical loads located within the Village for the purpose of
 soliciting bids and entering into service agreements to facilitate for those loads the
 sale and purchase of electricity and related services and equipment, all in
 accordance with Section 1-92 of the Act.
 D. “Aggregation Consultant” or “Consultant” shall refer to Intelligent Power Partners LLC,
 the independent consultant with demonstrated expertise in electric supply contracting
 that has been retained by the Consortium to assist with the implementation of each
 member municipality's Program.
 E. “Aggregation Member” or “Member” shall mean a residential or small commercial
 retail electric account enrolled in the Aggregation Program.
 F. “Aggregation Program” or “Program” shall mean the program adopted by the Village
 pursuant to Section 1-92 of the Act to provide residential and small commercial
 customers with retail electric supply.
 G. “Agreement Term” is defined in Section 3.A of this Agreement.
 H. “Alternative Retail Electric Supplier” or “ARES” shall mean an entity certified by the
 ICC to offer electric power or energy for sale, lease or in exchange for other value
 received to one or more retail customers, or that engages in the delivery or furnishing
 of electric power or energy to such retail customers, and shall include, without
 limitation, resellers, aggregators and power marketers but shall not include the
 Electric Utility or the Aggregation Members. For purposes of this Agreement, the
 definition of Alternative Retail Electric Supplier is more completely set forth in 220
 ILCS 5/16-102.
 I. “Ancillary Services” shall mean the necessary services that shall be provided in the
 generation and delivery of electricity. As defined by the Federal Energy Regulatory
 Commission, "Ancillary Services" include, without limitation: coordination and
 scheduling services (load following, energy imbalance service, control of transmission
 congestion); automatic generation control (load frequency control and the economic
 dispatch of plants); contractual agreements (loss compensation service); and support
 of system integrity and security (reactive power, or spinning and operating reserves).
J.  “Commonwealth Edison” or “ComEd” shall mean the Commonwealth Edison Utility
 Company as the entity that has a franchise, license, permit or right to distribute,
 furnish or sell electricity to retail customers within the Village.
K. “Consortium” shall mean the North Shore Electricity Aggregation Consortium.
L.  “Consortium Designee” shall mean the representative of the Consortium who will
 coordinate the process for execution by each member municipality of a contract price
 lock for electricity supply for each Municipal Aggregation Program.
M. “Effective Date” is defined in the first paragraph on the first page of this Agreement.
N. “Electric Utility” shall mean Commonwealth Edison, as the entity that has a franchise,
 license, permit or right to distribute, furnish or sell electricity to retail customers within
 the Consortium.
O. “Eligible Retail Customer” shall mean a residential and small commercial retail
 customer of the Utility.
P. “Extended Agreement Term” is defined in Section 3.A of this Agreement.
Q. “Force Majeure Event” is defined in Section 6.C of this Agreement.
R. “ICC” shall mean the Illinois Commerce Commission as described in 220 ILCS 5/2-
 101.
S. “Initial Agreement Term” is defined in Section 3.A of this Agreement.
T. “Initial Price Lock Term” is defined in Section 5.E of this Agreement.
U. “IPA” shall mean the Illinois Power Agency.
V. “Load” shall mean the total demand for electric energy required to serve the
 residential and small commercial customers in the Aggregation Program.
W. “Opt-Out” shall mean the process by which a Member who would be included in the
 Aggregation Program chooses not to participate in the Aggregation Program.
X. “PIPP” shall mean a Percentage of Income Payment Plan created by the Emergency
 Assistance Act, 305 ILCS 20-18, to provide a bill payment assistance program for
 low-income residential customers.
Y. “PJM” shall mean the PJM Interconnection, a regional transmission organization that
 coordinates the movement of wholesale electricity in all or parts of 13 states and the
 District of Columbia, including the Commonwealth Edison service territory.
Z. “Plan of Operation and Governance” shall mean the Aggregation Plan of Operation
 and Governance adopted by the Village pursuant to the requirements set forth in
 Section 1-92 of the Act, a copy of which is attached to this Agreement as Exhibit H.
AA. “Price Lock Term” shall mean the then-applicable Initial Price Lock Term or a
 Subsequent Price Lock Term.
BB. “REC” shall mean Renewable Energy Credits certified in a manner consistent with
 the requirements of the Illinois Renewable Portfolio Standard.
CC. “Regulatory Event” is defined in Section 6.B of this Agreement.
DD. “Services” is defined in Article 5 of this Agreement.
EE. “Small Commercial Retail Customer” shall mean a retail customer that consumes
 15,000 kilowatt-hours or less of electricity; provided, however, that the definition of
 Small Commercial Retail Customer shall include such other definition or description
 as may become required by law or tariff.
FF. “Subsequent Price Lock Term” is defined in Section 5.E of this Agreement.
GG. “Terms and Conditions” is defined in Section 5.B of this Agreement.
HH. “Vendor Margin” shall mean the $/MWh charged by the selected Vendor above the
 market price for electricity supply, capacity, transmission, and ancillary services. The
 selected Vendor shall be allowed to add only the Vendor Margin to any fixed
 commodity supply price quote provided to the Consortium.

 ARTICLE 3: TERM


A. Term of Agreement. This Agreement is for an initial term beginning on the Effective
Date of this Agreement and ending on the date that is 36 months after the first date of the
Initial Price Lock Term (the “Initial Term”). The Village and the Vendor may extend the Initial
Agreement Term for additional periods of time up to ____ months for each extension, by
written agreement approved and executed by each of them (each an “Extended Agreement
Term”) (the applicable Initial Agreement Term or Extended Agreement Term is the
“Agreement Term”). Nothing in this Article related to the Initial Agreement Term or the
possibility of agreement to an Extended Agreement Term may be construed or applied in any
manner to create any expectation that any right or authority related to this Agreement granted
by the Village to the Vendor shall continue beyond the Initial Agreement Term or an approved
Extended Agreement Term.

 ARTICLE 4: PROGRAM RESPONSIBILITIES

A. Village Responsibilities.

 1. Customer Information. Vendor and Village shall cooperate to obtain
the Customer Information from ComEd, subject to the limitations on disclosure of the
Customer Information established at law, including without limitation the Act, Section 16-122
of the Public Utilities Act, 220 ILCS 5/16-102, and Section 2HH of the Consumer Fraud and
Deceptive Business Practices Act, 815 ILCS 505/2HH.

 2. Notices from ComEd. The Village shall promptly forward to Vendor any
notices received by the Village from ComEd concerning the accounts of Aggregation
Members.

 3. No Village Obligations to Provide Services. The Parties acknowledge
and agree that the Village is not responsible to provide, and this Agreement shall not be
construed to create any responsibility for the Village to provide, the Services to any person or
entity, including without limitation the Vendor, ComEd, or any Aggregation Member.

 4. No Village Financial Responsibility. The Parties acknowledge and
agree that this Agreement does not impose or create, and shall not be construed to create,
any financial obligation of the Village to any other person or entity, including without limitation
Vendor, ComEd, or any Aggregation Member.

B. Vendor Obligations.

 1. Provision of Services. The Vendor shall provide all of the Services
described in Article 5 of this Agreement throughout the Agreement Term. The Vendor
acknowledges and agrees that the Village is not responsible to provide, and shall not be
liable to the Vendor or any Aggregation Member for any failure to provide, any Services
pursuant to this Agreement.

 2. Compliance with Applicable Law. Vendor shall comply with all
applicable law in providing the Services pursuant to this Agreement.
 3. Compliance with Plan of Operation and Governance. The Vendor
shall provide all services required under this Agreement in accordance and compliance with
the Plan of Operation and Governance adopted by the Village.

 ARTICLE 5: VENDOR SERVICES

The Vendor shall supply all of the following services in support of the Program (collectively,
the “Services”):

A. Electricity Supply.

 1. Electricity Supply. Vendor shall supply firm power requirements to each of
the accounts for which it is ultimately contracted to serve.

 a. Transmission. Vendor will acquire and pay all necessary transmission
 services to deliver electricity supply to Members, including all electricity
 commodity costs, PJM charges, congestion charges, distribution and
 transmission losses, and capacity charges. Vendor shall be responsible
 for monitoring and negotiating interstate transmission discounts.

 b. Billing. Vendor shall make all arrangements to ensure that Aggregation
 Members continue to receive a single monthly bill from ComEd.
 Additionally, Vendor shall ensure that the following fees continue to be
 collected and processed by ComEd: monthly payments, late payments,
 delivery charges and monthly service fee.

 c. Data. Vendor shall maintain a comprehensive and confidential
 database recording historical account information for Member accounts,
 and maintain a current list of enrolled accounts, accounts that have
 opted-out of the Aggregation Program, and accounts that have been
 added to the Aggregation Program.

 d. Title. Title to and risk of loss for the electricity sold hereunder shall pass
 to the purchasing Member upon delivery at such Point(s) of Delivery;

 2. Supply Mix. Vendor shall be capable of providing the following energy supply
mix to Members:

 a. Standard Supply Mix. Electricity supply that includes the minimum
 resource mix required by the Illinois Renewable Portfolio Standard.

 b. Enhanced Renewable Energy Mix. Electricity supply that exceeds the
 current renewable energy resource requirements of the Illinois
 Renewable Portfolio Standard, at a level equal to __% of the Village’s
 annual project load volume (where 1 REC equals 1 MWh of delivered
 electricity volume) by securing Renewable Energy Credits sourced
 through PJM-registered hydroelectric, wind, solar photovoltaic or
 captured methane-landfill gas. The cost of each REC provided pursuant
 to this Section 5.A.2.b shall be $2.00 for the first Price Lock Term.
 c. Individualized Renewable Energy Mix. The Village and the Vendor
 will cooperate in good faith to implement a process by which individual
 customers may elect, in their sole discretion and at their own expense,
 electricity in excess of the current renewable energy resource
 requirements of the Illinois Renewable Portfolio Standard. The cost of
 the first 100,000 RECs purchased by customers within any Consortium
 municipality through the process described in this Section 5.A.2.c shall
 be $1.00 for the first Price Lock Term. Any costs incurred by the Village
 in connection with the administration of the process described in this
 Section 5.A.2.c shall be reimbursed in accordance with Section 5.F of
 this Agreement. [Insert provision requiring ability to enroll in
 program through toll-free telephone or through Internet, and
 obligating Vendor to attend one in-person enrollment session]

 3. Delivery Specifications

 a. Quality and Measurement. Vendor warrants that all electricity sold and
 delivered shall be of the specifications required by PJM and ComEd and
 suitable for delivery to and use by the Members.

 b. Title. Vendor warrants that it possesses or will possess good marketable
 title to all electricity sold to the Members, and that such electricity is free
 from all liens and adverse claims. Specifically, and without limitation of the
 foregoing, Vendor warrants title up to the delivery point, as identified in
 Section 5.A.3.c of this Agreement.

 c. Delivery. Vendor shall deliver all electricity supplied under this Agreement
 at appropriate node locations to secure delivery to the Aggregation
 Members.

B. Program Implementation.

 1. Member Service. Vendor shall maintain certain minimum levels of customer
 service including:

 a. Program Management and Documentation. Vendor shall follow its
 standard operating procedures governing Member education, Opt Out
 notification, customer inquiries, and public outreach regarding the
 Aggregation Program, as set forth in Exhibit E attached hereto.

 b. Confidentiality. Vendor shall maintain the confidentiality of customer
 information pursuant to Article 10 of this Agreement and as required by
 law.

 c. Customer Service. Vendor shall assist Aggregation Members with
 their inquiries. Concerns regarding service reliability should be directed
 to ComEd, billing questions should be directed to ComEd or the
 selected, and any unresolved disputes should be directed to the ICC.
 Inquiries from Aggregation Members should be managed within the
 following performance parameters:
 i. Telephone Inquiries. Vendor shall maintain a toll-free
 telephone access line which shall be available to Aggregation
 Members 24 hours a day, seven days a week. Trained company
 representatives shall be available to respond to customer
 telephone inquiries during normal business hours. After normal
 business hours, the access line may be answered by a service or
 an automated response system, including an answering
 machine. Inquiries received after normal business hours shall be
 responded to by a trained company representative on the next
 business day. Under normal operating conditions, telephone
 answer times by a customer representative, including wait time,
 shall not exceed 30 seconds when the connection is made. If the
 call needs to be transferred, transfer time shall not exceed 30
 seconds. These standards shall be met no less than 90 percent
 of the time under normal operating conditions, measured on a
 quarterly basis.

 ii. Internet and Electronic Mail. Vendor shall establish and
 maintain a website for the Aggregation Members. The website
 shall provide basic information concerning the Aggregation
 program and facilitate customer inquiries by providing a platform
 for the submission of questions by email or text. Responses to
 inquiries submitted through the website platform shall be
 generated within 24 hours.

 iii. Multi-Lingual Services. Vendor shall provide customer service
 for Members requiring non-English verbal and written assistance.

 iv. Hearing Impaired. Vendor shall provide customer service for
 hearing impaired Members.

2. Enrollments. Vendor shall perform the following Aggregation account
 enrollment tasks:

 a. Opt-Out Notifications. Vendor shall manage the Opt-Out Notification
 process under the supervision of the Village and the Consultant, in
 accordance with the Plan of Operation and Governance. A single
 database shall track account enrollment and billing data.

 b. New Accounts. Vendor shall facilitate the addition of new customer
 accounts to the Aggregation Program during the term of this Agreement.
 All new accounts shall be serviced at the same rate as is available to all
 Aggregation Members. The Village and the Vendor shall cooperate in
 good faith to identify, not less than once per calendar quarter, potential
 new customers who have established new electricity service through
 ComEd in the Village during the preceding calendar quarter, and to
 inform such potential new customers of the availability of the
 Aggregation Program.

 c. Re-Joining the Aggregation Group. Vendor shall assist Aggregation
 Members that have Opted Out to rejoin at a later date. All accounts of
 Members who rejoin the Program shall be serviced at the same rate as
 is available to all Aggregation Members.

d. Moving Within the Village and Maintaining the Same Account
 Number. Vendor shall continue service at the same rate and under the
 same terms and conditions for any Member who relocates within the
 Village prior to the expiration of the term of this Agreement, providing
 that the Member notifies the Vendor of its desire to do so with 30 days
 notice.

e. Percentage of Income Payment Plan (PIPP). Vendor shall facilitate
 billing for residents enrolled in the PIPP bill payment assistance
 program for low-income residential customers. Vendor shall also notify
 PIPP customers of the consequences of participating in the
 Aggregation.

f. Credit/Deposit Requirements. Collection and credit procedures are to
 be the responsibility of ComEd, the Vendor, and the individual Member.
 Members will be required to comply with the payment terms of ComEd
 and/or the Vendor. The Village is not responsible for late payment or
 non-payment of any Member account. Neither the Village nor the
 Vendor shall have a separate credit or deposit policy concerning
 Member accounts.

g. Reliability of Power Supply. The Parties acknowledge that the
 Program only affects pricing for the generation source of power.
 ComEd will continue to deliver power through their transmission and
 distribution systems. Responsibility for maintaining system reliability
 continues to rest with ComEd. If Members have service reliability
 problems, they should contact ComEd for repairs. The ICC has
 established “Minimum Reliability Standards” for all utilities operating
 distribution systems in Illinois. Member outages, duration of outages,
 interruptions, etc., are monitored to ensure reliability remains at
 satisfactory levels. In addition to maintaining the “wires” system, ComEd
 is required to be the “Provider of Last Resort,” meaning that should the
 Vendor fail for any reason to deliver any or all of the electricity needed
 to serve the Members’ needs, ComEd will immediately provide any
 supplemental electricity to the Members as may be required. ComEd
 would then bill the Vendor for the power provided on their behalf, and
 the Members would incur no additional cost therefor.

h. Fees Imposition. Neither the Village nor Vendor shall impose any
 conditions, terms, fees, or charges on any Member served by the
 Program unless the particular term, condition, fee, or charge is clearly
 disclosed to the Member at the time the Member chose not to opt-out of
 the Program.

i. Enrollment and Disenrollment Charges. Vendor shall not assess any
 fees on Aggregation Members except in accordance with the Plan of
 Operation of Governance, and as follows:
 1. Early Termination Fee. Members may terminate service
 from the Vendor without penalty if they relocate within, or
 outside of, the Village. Members who did not opt out of
 the Program during the Opt-Out period and who later
 leave the Program for other reasons may be assessed an
 early termination fee by the Vendor not to exceed $25.

 2. Enrollment Fee. For any new Member that joins the
 Program after the activation of service by the Vendor for
 the Village, the Vendor may charge an enrollment fee only
 to establish service at a property for which the Vendor had
 not previously provided service in the preceding 30 days.
 The Vendor shall not charge any enrollment fee with
 respect to any property for which the identity of the
 Member is changed but at which service is interrupted for
 a period of less than 30 days. Any enrollment fee
 authorized pursuant to this Paragraph shall not exceed
 $25.

 3. Switching Fee. Members changing residency within the
 Village shall not be assessed early termination or
 enrollment fees. Members changing residency within the
 municipality shall not be assessed early termination or
 enrollment fees. The Vendor shall continue service at the
 same rate and under the same terms and conditions for
 any Member who relocates within the Village prior to the
 expiration of the term of this Agreement, provided that the
 Member notifies the Vendor of his or her desire to do so
 with 30 days’ notice. Moving within the municipality may
 cause the Member to be served for a brief period of time
 by ComEd. The Vendor shall have the right to bill the
 Member for any associated switching fee imposed by
 ComEd.

 k. Form Documents. Examples of enrollment forms and documentation
 to be prepared and provided by Vendor are provided in Exhibit D to this
 Agreement.

 3. Terms of Service. The terms of service between each Member and Vendor
 shall be set forth in the agreement between them, substantially in the form
 attached hereto as Exhibit C (“Terms and Conditions”).

C. Program Monitoring. Vendor is responsible for the faithful performance of this
Agreement and shall have internal monitoring procedures and processes to ensure
compliance, as more fully described in this Section 5.C.

 1. Recording. Vendor shall assist the Village in developing a performance
 scorecard with conditions, milestones, requirements, or timetables that shall be
 met before additional steps may be taken or payment is due. The scorecard
 may additionally record matters related to price, service, quality and other
 factors deemed important.
 2. Cooperation. Vendor shall cooperate with the Village in monitoring and
 tracking Program activity. This may require Vendor to report progress,
 problems and proposed resolutions, performance records, allow random
 inspections of its facilities (upon the provision of not less than 48 hours’
 advance notice), participate in scheduled meetings and provide management
 reports as requested by the Village.

D. Cooperation at the Conclusion of the Aggregation. Vendor agrees that it shall
cooperate with the Village in the Village’s planning and implementation of an aggregation plan
that may succeed the Program under this Agreement. In its cooperation, Vendor shall, at a
minimum, in a manner consistent with the then-applicable Commonwealth Edison tariff for
Government Aggregation Protocols and as required by law, provide the Village the names and
addresses and account information for Aggregation Members in electronic format.

E. Price. The Price for the Services is set forth in Exhibit A. The Price shall be
determined in accordance with the following procedure:

 1. Determination of Fixed Commodity Price. Beginning on the first day of the
 Initial Agreement Term, the Vendor will provide to the Village and to the
 Consultant daily fixed price market quotes for a 12-month period beginning on
 any date in June, 2012 (“Initial Price Lock Term”). The daily market price
 quotes will detail the unit costs of energy supply, capacity, transmission, and
 ancillary services available to the Village and the other members of the
 Consortium on that day. The daily market price quotes will be reviewed by the
 Consultant to establish whether the pricing is: (i) consistent with market prices
 and tariffs; and (ii) consistent with the terms of this Agreement. If the daily
 market price quote is deemed unacceptable, the Consortium municipalities will
 not be obligated to accept the pricing. If the daily market price quote is deemed
 acceptable by the Consultant, the Consultant will inform the designees of the
 Village and the other members of the Consortium of the price and pricing
 components and recommend acceptance. If accepted, a representative of the
 Village and the other members of the Consortium will affirm acceptance of the
 commodity price plus the approved Vendor Margin verbally and in writing to the
 Vendor on the same day. [insert: provisions governing the “Price Review
 Period” in which the Village has the ability to lock in a price; and an
 Exhibit showing calculation of price and various components]

 2. Calculation of Total Price. The total per-kilowatt-hour price for the supply of
 electricity pursuant to this Agreement shall be the sum of: (a) the fixed
 commodity price, as determined and approved pursuant to Section 5.E.1 of this
 Agreement; (b) the Vendor Margin, as set forth in Exhibit A to this Agreement;
 (c) the appropriate cost of the Enhanced Renewable Energy Mix, if any, as
 provided pursuant to Section 5.A.2.b of this Agreement; and (d) an amount, to
 be determined by the Village and Vendor, sufficient to satisfy the reimbursement
 obligation set forth in Section 5.F of this Agreement.

 3. Subsequent Price Lock Terms. Beginning on the date that is ___ days prior
 to the expiration of the then-applicable Price Lock Term, the Vendor will provide
 to the Village and to the Consultant daily fixed price market quotes for a 12-
 month period immediately following the then-applicable Price Lock Term
 (“Subsequent Price Lock Term”), in the same manner as is set forth in Section
 5.E.1 of this Agreement.

 4. Failure to Accept Price. In the event that, prior to the expiration of the
 applicable Price Review Period, the Village and the other members of the
 Consortium do not accept a price for the energy supply to be provided by the
 Vendor pursuant to this Agreement, the Vendor shall, at its option, either: (a)
 provide the energy supply for the upcoming Price Lock Term at a price equal to
 the Default Tariff Rate, less $0.0001 per kilowatt-hour; or (b) terminate this
 Agreement.

 5. Price Guarantee. The total price calculated pursuant to Section 5.E.2 of this
 Agreement for the Initial Price Lock Term or for a Subsequent Price Lock Term
 shall be guaranteed to all customers within the Program, except: (a) any
 customer that has terminated participation in the Program during the applicable
 Price Lock Term and then requests a resumption of service through the
 Program; and (b) any customer that did not previously participate in the
 Program in the Village or in any other Consortium municipality and that requests
 new service at a location within the Village at which the Vendor had not
 previously provided the Services.

F. Reimbursement of [City/Village] Costs. Within 90 days after the Effective Date of
this Agreement, Vendor shall reimburse the Village for all professional, legal, Consultant, and
administrative costs incurred by the Village in connection with the adoption of the Aggregation
Program and the negotiation and execution of this Agreement.

 ARTICLE 6: DEFAULT AND TERMINATION

A. Default and Termination. Upon termination for any reason this Power Supply
Agreement shall be of no further force and effect, except for those obligations that survive
termination. The obligations of Vendor and each Aggregation Member set forth in the Terms
and Conditions shall survive termination. Notwithstanding the foregoing, at the Village’s
discretion, in the event that Vendor materially breaches this Agreement, the Village may (i)
provide written notice to the Aggregation Members that a default has occurred and the
alternatives each participant has for electric supply (including terminating service with
Vendor), and (ii) take such actions as necessary to return the Aggregation Members to
ComEd. In the event that Vendor materially breaches this Agreement and the Village deems
it appropriate to terminate the Program and return the participants to ComEd, or to any other
energy supplier, then (i) Vendor shall not charge the Aggregation Members for administrative
fees associated with early termination, and (ii) Vendor shall not be liable to Aggregation
Members for any damages or penalties resulting from the Village’s termination of the Terms
and Conditions with each Aggregation Member, including claims related to the price received
from ComEd or an alternate supplier being higher than the Price determined herein. If no
early termination has occurred, this Agreement shall terminate upon the expiration of the
Agreement Term.

B. This Agreement may be terminated early in the following circumstances:

 1. Non-Compliance. If either Party fails to comply with any material term or
 condition of this Agreement, provided the failure continues without a cure 30
 days after written Notice of such failure is provided by one Party to the other.
 Material terms and conditions include but are not limited to:

 a. A breach of the confidentiality provisions in Article 10 of this Agreement;

 b. Vendor’s disqualification as an ARES due to a lapse or revocation of any
 required license or certification required to perform the obligations set
 forth herein; or

 c. Any act or omission that constitutes a deception by affirmative statement
 or practice, or by omission, fraud misrepresentation or a bad faith
 practice, such as attempting to collect a charge other than the approved
 per kWh rates or other charges set forth in this Agreement or the Terms
 and Conditions with each Aggregation Member.

2. Regulatory Event.

 a. Definition. The following shall constitute a "Regulatory Event":

 1. Illegality. It becomes unlawful for a Party to perform any
 obligation under this Agreement due to the adoption of,
 change in, or change in the interpretation of any
 applicable law by any judicial or government authority with
 competent jurisdiction.

 2. Adverse Government Action. A regulatory, legislative or
 judicial body: (A) requires a material change to the terms
 of this Agreement that materially and adversely affects a
 Party; (B) takes action that adversely and materially
 impacts a Party's ability to perform, or requires a delay in
 the performance of this Agreement that either Party
 determines to be unreasonable; or (C) orders a change or
 modification that affects the Program such that either
 Party's obligations hereunder are materially changed, and
 the change is not deemed a Force Majeure Event.

 3. Additional Charges, Taxes, or Levies. [Text to be added
 pursuant to agreed-upon business terms.]

 b. Occurrence of Regulatory Event. Upon the occurrence of a Regulatory
 Event, the adversely affected Party shall give notice to the other Party
 that such event has occurred. Within thirty (30) days, or such other
 period as the Parties may agree in writing, the Parties shall enter into
 good faith negotiations to amend or replace this Agreement so that the
 adversely affected Party is restored as nearly as possible to the
 economic position it would have been in but for the occurrence of the
 Regulatory Event. If the Parties are unable to agree upon an
 amendment to this Agreement, within the prescribed time after entering
 into negotiations, the adversely affected Party shall have the right, upon
 ten (10) days prior written notice, to terminate this Agreement.
 3. Failure to Schedule and Deliver. The failure of Vendor to schedule electricity
supply to ComEd for the Aggregation Members, except as permitted under force majeure
events.

C. Force Majeure Events. The Vendor shall not be held in default under, or in
noncompliance with, the provisions of this Agreement, nor suffer any enforcement or penalty
relating to noncompliance or default (including termination, cancellation or revocation of the
Franchise), where such noncompliance or alleged defaults occurred or were caused by a
"Force Majeure Event," defined as a strike, riot, war, earthquake, flood, tidal wave, unusually
severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor
disputes, governmental, administrative or judicial order or regulation or other event that is
reasonably beyond the Vendor’s ability to anticipate or control. Non-compliance or default
shall be corrected within a reasonable amount of time after force majeure has ceased.


 ARTICLE 7: INDEMNIFICATION AND INSURANCE

A. Indemnification. The Vendor shall indemnify and hold harmless the Village, its
officers, employees, agents, and attorneys, from and against any injuries, claims, demands,
judgments, damages, losses and expenses, including reasonable attorney’s fees and costs of
suit or defense, arising in the course of the Vendor's provision of the Services. This duty shall
survive for all claims made or actions filed within one year following either the expiration or
earlier termination of this Agreement. The Village shall give the Vendor timely written notice of
its obligation to indemnify and defend the Village after the Village’s receipt of a claim or action
pursuant to this Section. For purposes of this Section, the word “timely” shall mean within a
time period that does not cause prejudice to the respective positions of the Vendor and/or the
Village. Nothing herein shall be construed to limit the Vendor’s duty to indemnify the Village by
reference to the limits of insurance coverage described in this Agreement.

B. Insurance. Contemporaneous with the Vendor’s execution of this Agreement, the
Vendor shall provide certificates and policies of insurance, all with coverages and limits
acceptable to the Village, and evidencing at least the minimum insurance coverages and limits
as set forth in Exhibit G to this Agreement. For good cause shown, the Village
Manager/Administrator, or his or her designee may extend the time for submission of the
required policies of insurance upon such terms, and with such assurances of complete and
prompt performance, as the Village Manager/Administrator, or his or her designee may
impose in the exercise of his sole discretion. Such certificates and policies shall be in a form
acceptable to the Village and from companies with a general rating of A minus, and a financial
size category of Class X or better, in Best's Insurance Guide. Such insurance policies shall
provide that no change, modification in, or cancellation of, any insurance shall become
effective until the expiration of 30 days after written notice thereof shall have been given by the
insurance company to the Village. The Vendor shall, at all times during the term of this
Agreement, maintain and keep in force, at the Vendor’s expense, the insurance coverages
provided above.

 ARTICLE 8: MISCELLANEOUS

A. Entire Agreement. This Agreement including all Exhibits, constitutes the entire
Agreement and understanding between the Parties with respect to the services, which are
included herein. All prior written and verbal agreements and representations with respect to
these services are merged into and superseded by this agreement.
B. Amendment. All amendments or modifications to this Agreement shall be made in
writing and signed by both Parties before they become effective.

C. Assignment. This Agreement shall not be transferred or assigned by either Party
without the express authorization of the other Party, which shall not be unreasonably withheld,
provided, however, that upon advance written notice to the Village, Vendor may assign this
Agreement to an affiliate without the express authorization of the Village, provided that Vendor
remains liable for Vendor’s obligations hereunder.

D. Notices. Any notices, requests or demands regarding the services provided under this
Agreement and the Attachments shall be deemed to be properly given or made (i) if by hand
delivery, on the day and at the time on which delivered to the intended recipient at its address
set forth in this Agreement; (ii) if sent by U.S. Postal Service mail certified or registered mail,
postage prepaid, return receipt requested, addressed to the intended recipient at its address
shown below; or (iii) if by Federal Express or other reputable express mail service, on the next
business day after delivery to such express service, addressed to the intended recipient at its
address set forth in this Agreement. The address of a Party to which notices or other
communications shall be mailed may be changed from time to time by giving written notice to
the other Party.

To Village To Vendor
Village of Skokie
5127 Oakton Street
Skokie, IL 60077
Attn: Village Manager
With a copy to: With a copy to:
Village of Skokie
5127 Oakton Street
Skokie, IL 60077
Attn: Corporation Counsel




E. Waivers. The failure of either Party to insist upon strict performance of such
requirements or provisions or to exercise any right under this Agreement shall not be
construed as a waiver or relinquishment of such requirements, provisions or rights. Nothing in
this Agreement shall be construed as a waiver of any rights, substantive or procedural, that
the Village may have under Federal or state law unless such waiver is expressly stated herein.

F. Applicable Law and Choice of Venue. This Agreement shall be governed by,
construed and enforced in accordance with the laws of the State of Illinois, without regard to
principles of conflict of laws. Except as to any matter within the jurisdiction of the ICC, all
judicial actions relating to any interpretation, enforcement, dispute resolution or any other
aspect of this Agreement shall be brought in the Circuit Court of Cook County, Cook County,
Illinois. Any matter brought pursuant to the jurisdiction of the federal court shall be brought in
the United States District Court of the Northern District of Illinois.
G. Exhibits. Exhibits A through G attached to this Agreement are, by this reference,
incorporated into and made part of this Agreement.

H. Controlling Provisions. In the event of any inconsistency between the text of this
Agreement and the terms of the Exhibits hereto, the text of this Agreement shall control.

I. Severability. Any provision in this Agreement that is prohibited or unenforceable in
any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions or affecting the validity or
enforceability of such provision in any other jurisdiction. The non-enforcement of any provision
by either Party shall not constitute a waiver of that provision nor shall it affect the enforceability
of that provision or the remainder of this Agreement.

J. No Third-Party Beneficiaries. Nothing in this Agreement is intended to confer third-
party beneficiary status on any person, individual, corporation or member of the public to
enforce the terms of this Agreement.

K. Validity of Agreement. The parties acknowledge and agree in good faith on the
validity of the provisions, terms and conditions of this Agreement, in their entirety, and that the
Parties have the power and authority to enter into the provisions, terms, and conditions of this
Agreement.

L. Authority to Sign Agreement. Vendor warrants to the Village that it is authorized to
execute, deliver and perform this Agreement. The individual signing this Agreement on behalf of
the Vendor warrants to the Village that he is authorized to execute this Agreement in the name
of the Vendor.

M. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the
Village and the Vendor and their respective successors, grantees, lessees, and assigns
throughout the Agreement Term.

N. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall together constitute one instrument.

O. Subcontractors. Vendor agrees to employ only those subcontractors that are
necessary and are approved in advance by the Village. Subcontractors shall be held to the
same strict confidentiality standards applicable to the Vendor, and shall be required to
otherwise comply with the requirements of this Agreement. The use of subcontractors whether
approved or unapproved shall not relieve the Vendor from the duties, terms and conditions in
this Agreement. For purposes of the provision of Renewable Energy Credits pursuant to this
Agreement, regional transmission organizations, independent system operators, and local
utilities are not considered subcontractors.

 ARTICLE 9: REPRESENTATIONS AND WARRANTIES

A. Mutual Representations and Warranties. Each Party represents and warrants to the
other Party, as of the date of this Agreement, that:

 1. It is duly organized and validly existing under the laws of the jurisdiction of its
 organization or incorporation, and if relevant under such laws, in good standing;
 2. It has the corporate, governmental and/or other legal capacity, authority and
 power to execute, deliver and enter into this Agreement and any other related
 documents, and perform its obligations under this Agreement, and has taken all
 necessary actions and made all necessary determinations and findings to
 authorize such execution, delivery and performance;

 3. The execution, delivery and performance of this Agreement does not violate or
 conflict with any law applicable to it, any provision of its constitutional
 documents, any order or judgment of any court or other agency of government
 applicable to it or any of its assets or any contractual restriction binding on or
 affecting it or any of its assets;

 4. It has reviewed and understands this Agreement;

 5. It shall comply with all federal, state, and local laws, regulations, licensing, and
 disclosure requirements.

 6. It shall maintain the confidentiality of Aggregation members’ account
 information, as required by 815 ILCS 505/2HH; and

 7. It shall not impose any conditions, terms, fees, or charges on any Member
 served by the Program unless the particular term, condition, fee, or charge is
 clearly disclosed to the Member at the time the Member enrolls in, or chooses
 not to opt out of, the Program.

B. Additional Representations by the Vendor. The Vendor hereby further represents to
Village, as of the date of this Agreement, that:

 1. Vendor shall hold any and all subcontractors to the Confidentiality provision set
 forth below;

 2. Vendor shall not compensate the Consultant with respect to the award of this
 Agreement or the performance of this Agreement;

 3. Vendor shall obtain and maintain, for the duration of this Agreement, such proof
 of insurance and performance security as the Village deem necessary;

 4. Vendor warrants to all Members and to the Village that Vendor has good
 marketable title to all electricity sold hereunder, and that said electricity is free from
 all liens and diverse claims;

 5. Vendor shall deliver or cause to be delivered all electricity supplied by Vendor to
 each Member to the appropriate node locations to effect delivery to the Point(s) of
 Delivery identified in Exhibit F, and future sites yet to be identified; and

 6. Vendor shall maintain all of the qualifications, certifications, approvals, and other
 authorizations required by law to provide the Services pursuant to this
 Agreement.

 ARTICLE 10: CONFIDENTIALITY
Vendor shall preserve the confidentiality of the account information it receives as a result of
the performance of its obligations set forth herein.

A. Vendor shall not disclose, use, sell or provide customer account information to any
person, firm or entity for a purpose outside of the operation of the Program. This provision
shall survive the termination of this Agreement.

B. Notwithstanding the foregoing, Vendor may disclose confidential account information
as required by law, and any such disclosure shall not be a violation of this Agreement.
However, such disclosure shall not terminate the obligations of confidentiality.

C. Vendor agrees to give the Village prompt notice of any discovery request or order,
subpoena, or other legal process requiring disclosure of any confidential account information.

D. Vendor shall provide the Village with sufficient advance notice as to give the Village an
opportunity, at the Village’s discretion and sole cost, to seek to quash the subpoena, obtain a
protective order or similar relief.

E. Vendor shall furnish only that portion of the confidential account information that is
required or necessary in the opinion of Vendor’s legal counsel. In addition, Vendor shall use
reasonable efforts to obtain reasonable assurances that any account information so disclosed
will be treated as confidential. All account information shall be returned to the Village at the
conclusion of the Services provided to the Aggregation Program.

F. Notwithstanding the foregoing, nothing herein shall prevent the use by Vendor of such
customer account information for the purpose of communicating with its customers. In
addition, nothing herein shall prevent Vendor from using information in the public domain
prior to its disclosure under this Agreement.

IN WITNESS WHEREOF, the Parties have duly executed this Agreement to be effective on
the date first written above. The Parties agree that signatures transmitted by facsimile are
acceptable and binding for execution of this Aggregation Program Agreement.




Vendor Village:

Signed: __________________________ Signed:_________________________

Name: __________________________ Name: _________________________

Title: __________________________ Title: _________________________

Date: __________________________ Date: _________________________
 EXHIBIT A: CONSORTIUM MUNICIPAL AGGREGATION SUPPLY PRICING
 CONFIRMATION

 [To be revised to reflect all price components pursuant to Sec. 5.E.2]

 CONFIRMATION
This Confirmation, once fully executed, is an agreement entered into pursuant to the terms of the
Aggregation Program Agreement between MC Squared Energy Services, LLC (the “Vendor”) and
the Village of Skokie (the Village”), and forms a part thereof.


Vendor and Village agree that the Aggregation shall receive the Fixed Rate set forth below
for the Delivery Period set forth below:

Delivery Period:


Fixed Rate: $ per kWh

The Price does not include utility distribution charges or applicable taxes. Both Parties recognize
that components of the Fixed Rate include electric tariff charges that are authorized by the Illinois
Commerce Commission, Independent System Operator, other state or governmental agencies
having jurisdiction, and/or the Federal Energy Regulatory Commission. Any increase in these
charges subsequent to the execution of this Confirmation may be directly passed through to
Aggregation Members by a corresponding increase in the Fixed Rate.



Village of Skokie: Vendor:

By: By:
______________________________________ _______________________________________
_ __

Name: Name:

Title: Title:

Date: Date:
EXHIBIT B: CONSORTIUM MUNICIPAL AGGREGATION
 ACCOUNTS FOR ENROLLMENT


 [TO BE PROVIDED UPON SELECTION OF VENDOR]
 EXHIBIT C: VILLAGE MEMBER TERMS AND CONDITIONS


The Village, pursuant to the municipal aggregation authority conferred upon it by [referendum No. 1], which passed by a majority of the vote on March 20, 20
selected Vendor to supply the aggregation and to administer enrollments as described below. You, the account holder (also referred to as “Buyer”) for
account referenced on the letter accompanying this Opt Out Notice (the “Account”), and Seller agree to the following terms and conditions. Seller and Bu
(individually referred to as “Party” and collectively as “Parties”) agree to the following Electricity Purchase and Sale Terms and Conditions (“Agreement”), as
[_______, 2012] (the “Effective Date”):
1. Enrollment: Enrollment is automatic for those who are eligible, but participation is voluntary. IF YOU DO NOT WISH TO PARTICIPATE, YOU MUST OP
OUT BY RETURNING THE POSTCARD POSTMARKED NO LATER THAN [date] OR BY CALLING OUR TOLL FREE NUMBER BY [date].

 Eligibility: Buyer and the Accounts to be served (i) must be located within the jurisdictional boundaries of the [City/Village], (ii) must be served
 Commonwealth Edison on one of the following rate classes: BES, BESH, and RDS (which in general terms apply to residential non-electric space h
 service and small commercial customers), (iii) may not be under Agreement with another competitive supplier, and (iv) must be in good credit standing w
 the Utility.

 Term: This Agreement shall become binding on the Effective Date, however, the Agreement is contingent upon: (a) successful enrollment by the Utility a
 (b) the passage of the Rescission Period without effective cancellation by Buyer. Successful enrollment by the Utility is dependent upon (i) the eligibility
 Buyer’s Utility accounts, as determined by the Utility, to take from a retail electric supplier and to participate in the Utility’s purchase of receivables progra
 and (ii) the accuracy and completeness of the information submitted for enrollment. Service will commence on the later of (a) the meter read in [en
 month] or (b) the first meter read date following successful enrollment by the Utility. Services shall remain in effect for [number of months] billing cyc
 (“Initial Term”), unless terminated pursuant to the terms of this Agreement.

2. Rescission Period: Residential customers may cancel enrollment without penalty within 3 business days after the Effective Date of the switch to Selle
 service. Nonresidential customers may cancel enrollment without penalty within 5 days of the effective date of the switch to Seller’s service


3. Price and Service: For the Initial Term, Buyer shall pay [enter unit price], multiplied by the billing cycle usage for the Utility account numbers (“Account
 Both Parties recognize that components of the Seller charges include electric tariff charges that are authorized by the Illinois Commerce Commissi
 Independent System Operator, other state or governmental agencies having jurisdiction, and/or the Federal Energy Regulatory Commission. Any new ta
 charges that become effective after the commencement of the Delivery Period may be directly passed through to Buyer by a corresponding increase in
 Price. Seller shall not impose any fees or charges on Buyer other than the Price set forth above, and if applicable a reasonable administrative fee associa
 with new enrollments as set forth in Section 7 below. While Seller does not charge Buyer a separate fee to switch to Seller’s service, if Buyer is curren
 receiving electricity pursuant to an agreement with an alternative retail electric supplier, that supplier may charge Buyer for switching electricity providers.

4. Renewal After the Initial Term, this Agreement shall be automatically renewed on a month-to-month basis at Seller’s publicly available rate (see

 www.xxxxxxxxxx/). After the Initial Term and thirty days notice, the Buyer or Seller may terminate this Agreement without an early termination fee or

 damages.




 5. Billing and Payment: Buyer will be invoiced for Seller’s charges and the Utility’s delivery charges by the Utility on the invoice(s) Buyer
 receives from the Utility, and such billing and payment shall be subject to the applicable Utility rules regarding billing and payment
 procedures. Seller’s charges or credits not invoiced through the Utility shall be invoiced or credited, respectively, directly by Seller. Seller
 may cause the Utility to correct previous invoices in the event of invoicing errors.

 6. Taxes: Any tax levied against Seller by any governmental entity, exclusive of Seller’s income tax or taxes levied on Seller’s real or
 personal property, that must be paid by Seller shall be passed through to and borne and reimbursed by Buyer. Buyer must provide Seller
 with any applicable exemption certificates. Buyer shall pay any such taxes unless Seller is required by law to collect and remit such
 taxes, in which case Buyer shall reimburse Seller for all amounts so paid.
7. Termination; Remedies: If either Party defaults on its obligations under this Agreement (which may include Buyer’s switching to another electric supplier or
 Utility or Buyer’s failure to pay the Utility), the other Party may terminate this Agreement, as applicable. In addition, the [City/Village] may terminate t
 Agreement on behalf of Buyer in the event that Seller has materially breached the Aggregation Program Agreement between Seller and the [City/Village]
 _____________, provided however Seller shall not be liable to Buyer for any damages or penalties resulting from [City/Village] ’s termination of t
 Agreement, including claims related to the price received from ComEd or an alternate supplier being higher than the Price herein. Seller reserves the righ
 charge Buyer a reasonable early termination administrative fee for Buyer’s termination after the Rescission Period of Section 2 that has not resulted fr
 Seller’s default with respect to this Agreement or the Aggregation Program Agreement. Seller may invoice Buyer directly for the reasonable administrative
 incurred as a result of Buyer’s early termination. The Buyer will pay this early termination administrative fee within 10 days of the invoice date. Buyer agre
 damages would be difficult to quantify upon a default and agrees that this is not a penalty. For residential accounts, the administrative fee for ea
 termination shall not exceed $25 per Account. For nonresidential Accounts, the administrative fee for early termination per Account shall not exceed
 amount calculated as (a) the average monthly usage in kilowatt-hours (kWh) applicable each Account per the Utility, multiplied by (b) the number of bill
 cycles remaining in the Current Term, multiplied by (c) $0.005 per kWh. If Buyer moves within the [City/Village] of ______, contacts Seller and requests to
 re-enrolled with Seller under the terms of this Agreement, Seller shall re-enroll Buyer subject to the eligibility requirements set forth in Section 1 above. Up
 successful re-enrollment, the reasonable administrative fee for early termination shall be waived.
8. Limitations: ALL ELECTRICITY SOLD HEREUNDER IS PROVIDED “AS IS”, AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIE
 WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS F
 PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT, WHETHER IN AGREEMENT, IN TO
 (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITI
 DAMAGES.
9. Force Majeure: Except for Buyer’s obligation to pay Seller timely, neither Party shall be liable to the other for failure to perform an obligation if the n
 performing Party was prevented from performing due to an event beyond the reasonable control, that could not be remedied by the exercise of due diligen
 and that was not reasonably foreseeable, including without limitation, acts of God, a condition resulting in the curtailment of electricity supply or interrupt
 or curtailment of transmission on the electric transmission and/or distribution system, interruption of Utility service, terrorist acts or wars, and force maje
 events of the Utility or independent system operator.

10. Questions, Complaints and Concerns: Buyer may contact Seller by calling 1-888-XXX-XXXX, or going to the Seller’s website at www.xxxxxxxxxxxx.co
 or by writing to [SELLER’S ADDRESS] Attn: Customer Service. For issues concerning this Agreement, Seller will attempt to resolve the matter withi
 business days after receiving the call or letter. If Buyer is not satisfied with the response, or to obtain consumer education materials, Buyer can contact
 Illinois Commerce Commission’s Consumer Services Division at 1-800-524-0795 or 1-800-858-9277 for TTY hearing-impaired customers or visit the Illin
 Commerce Commission’s website at www.icc.illinois.gov. Buyer may also contact the Illinois Attorney General's Office at 1-800-386-5438.

11. Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard for the conflicts of
 provisions thereof. Title, possession, control of the electricity, and risk of loss will pass from Seller to Buyer at the delivery point, which shall be the Uti
 Buyer appoints Seller as its agent for the purposes of effectuating delivery, including for receipt of billing and usage data from the Utility. Subject to writ
 consent by the [City/Village] , and notice from Seller, Seller may assign this Agreement without Buyer’s consent. Buyer may assign this Agreement only w
 Seller’s prior written consent. This Agreement (including without limitation the Accounts and other information identified by Buyer electronically on Selle
 website and the Fixed Rate and Initial Term identified by Seller on Seller’s website during Buyer’s electronic enrollment) shall be considered a Letter
 Agency and constitutes the entire agreement between the Parties, superseding all verbal and written understandings. This Agreement shall only
 amended in a writing signed by both Parties or with Notice from Seller to Buyer as described under Section 4 above. Buyer should contact the Utility in
 event of an electric emergency at the following numbers: for ComEd residential customers, 1-800-Edison-1; for ComEd business customers, 1-877
 ComEd-1. Future correspondence may be sent by Seller to Buyer via first class mail and/or electronic mail.
EXHIBIT D: ENROLLMENT FORMS AND DOCUMENTATION
EXHIBIT E: PROGRAM MANAGEMENT AND DOCUMENTATION
EXHIBIT F: POINTS OF DELIVERY
 EXHIBIT G: INSURANCE REQUIREMENTS

A. Worker’s Compensation and Employer’s Liability with limits not less than:
 (1) Worker’s Compensation: Statutory;
 (2) Employer’s Liability:
 $500,000 injury-per occurrence
 $500,000 disease-per employee
 $500,000 disease-policy limit
 Such insurance shall evidence that coverage applies in the State of Illinois.
B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily
 injury and property damage of not less than $1,000,000 for vehicles owned, non-owned, or
 rented.
 All employees shall be included as insureds.
C. Comprehensive General Liability
 a. with coverage written on an “occurrence” basis with limits no less than:
 $1,000,000 Bodily Injury and Property Damage Combined Single Limit
 Coverage is to be written on an “occurrence” basis.
 Coverages shall include:
 - Broad Form Property Damage Endorsement
 - Blanket Contractual Liability (shall expressly cover the indemnity provisions
 of the Contract)
 b. with coverage written on a “claims made” basis with limits no less than:
 $1,000,000 Bodily Injury and Property Damage Combined Single Limit
 Coverage is to be written on a “claims made” basis.
 Coverages shall include:
 - Broad Form Property Damage Endorsement
 - Blanket Contractual Liability (shall expressly cover the indemnity provisions
 of the Contract)

D. Professional Liability Insurance. With a limit of liability of not less than $1,000,000 per
 occurrence and $2,000,000 in the aggregate and covering Vendor against all sums that
 Vendor may be obligated to pay on account of any liability arising out of the Contract.
E. Umbrella Policy. The required coverages may be in any combination of primary, excess,
 and umbrella policies. Any excess or umbrella policy shall provide excess coverage over
 underlying insurance on a following-form basis such that when any loss covered by the
 primary policy exceeds the limits under the primary policy, the excess or umbrella policy
 becomes effective to cover such loss.
F. [City/Village] as Additional Insured. [City/Village] shall be named as an Additional Insured
 on all policies except for:
 Worker’s Compensation
 Professional Liability
 Each such additional Insured endorsement shall identify [City/Village] as follows:
 [City/Village] of _______, including its [Board/Council] members and elected and appointed
 officials, its officers, employees, agents, attorneys, consultants, and representatives.
G. Other Parties as Additional Insureds. In addition to [City/Village], the following parties shall
 be named as additional insured on the following policies:
 Additional Insured Policy or Policies
EXHIBIT H: PLAN OF OPERATION AND GOVERNANCE
PLAN COMMISSION REPORT 2012-1P: Alley Vacation
Plan Commission Council Chambers, 8:00 PM, April 2, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2012-1P: Alley Vacation

 The southeast 532.00 feet of the northwest-southeast alley in the 6751-6800
 block between Dowagiac Avenue and Ionia Avenue

PLAN COMMISSION ANALYSIS
At its March 1, 2012 meeting, the Plan Commission heard a request from the Village of
Skokie to vacate the southeast 532.00 feet of the northwest-southeast alley in the
6751-6800 block between Dowagiac Avenue and Ionia Avenue. In this particular case,
the Village is conveying the entire 16 foot-width of the alley to the adjacent property
owners on Ionia Avenue at no cost because the north side of the alley happens to be
the border between Skokie and Chicago. The full width of the northwestern 63.00 feet
of this alley was previously vacated in 1980 in favor of the property at 6797 Ionia
Avenue (case 79-45P). The alley is presently covered by grass and is inaccessible to
vehicular traffic.
The subject alley is a part of the Community Development Department’s alley vacation
program that was started in 2002 to vacate unopened and unimproved residential alleys
in the Village that are unnecessary for Village transportation and access needs. A utility
easement over the entire right-of-way would remain so that utility companies can
maintain their existing facilities.
The Plan Commission concurred with Staff’s recommendation to vacate the alley. One
Commissioner wanted verification that the north line of the alley was the Village’s
boundary. Staff stated that the north line was the boundary between Skokie and
Chicago and that the Chicago residents living to the north of the alley would no longer
have access to the land if the Skokie residents chose to fence off the alley after it was
vacated.

INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered to property owners in the
area of the subject site as prescribed by the Zoning Chapter. One interested party
asked if she could build a fence that would abut the existing fences along the Chicago
border and also asked why the Village was vacating the alley. A Commissioner replied
that she could build a fence within the vacated alley and stated that the alley was part
of a larger program to reduce the Village’s liability by vacating alleys that were not used
by the Village.


#398088 Master Plan Commission Report – 2012-1P: Alley Vacation Bounded by Dowagiac Avenue, Waukesha Avenue, Ionia
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Another interested party was concerned that her taxes would increase due to the
vacation of the alley since she would receive more land and could not build anything
within it. A Commissioner replied that the added square footage would increase her
yard space, enable her to build a larger addition to her home that would not be
otherwise possible if the alley was not vacated, and give her control over the property
in back of her house.
She also asked for clarification regarding a condition that prohibits the alteration of the
drainage pattern in the vacated alley. Staff replied that this condition meant that she
could not construct a concrete patio in the vacated alley, but leaving the area covered
by dirt or grass would not impact the drainage. She was also concerned that the
vacation of the alley would cause dissent between the Ionia residents and the residents
on the Chicago side of the alley.
Another interested party asked what the Village considered to be a permanent
structure. A Commissioner replied that a shed, a concrete patio, or an in-ground pool
would all be considered to be permanent structures while a fence would not.
Another interested party stated some of the properties on the Chicago side of the alley
have gates that access the alley and asked if the Chicago residents could protest that
their access was being restricted to the alley if it were to be vacated. Staff replied that
the Village has the right to direct alley land to the properties along Ionia because the
alley falls entirely within the Village of Skokie. Furthermore, the Chicago residents
cannot claim adverse possession over the alley since it is public property.
Another interested party was concerned over liability of the land she received from the
vacated alley. A Commissioner replied that she would be liable for the additional land
received and recommended that she inform her insurance company regarding the
matter.

PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends by a vote of 9 ayes and 0 nays that the petitioner’s
request to vacate the north 478.00 feet of the north-south alley in the 9500 block
between LeClaire Avenue and Leamington Avenue be APPROVED, subject to
recommended conditions as amended.




#398088 Master Plan Commission Report – 2012-1P: Alley Vacation Bounded by Dowagiac Avenue, Waukesha Avenue, Ionia
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ATTENDANCE AYES NAYS ABSENT
 Marek (Moved) X
 O’Donnell X
 Stasica (Second) X
 Paradise X
 Carandang X
 Laxpati X
 Berman X
 Mitchell X
 Luke X

ATTACHMENTS
1. Plan Commission Recommended Conditions for 2012-1P
2. Staff Report for 2012-1P
3. Plat of Vacation, revised February 29, 2012
4. Land Use and Zoning Map
5. Plan Commission Meeting Minutes for March 1, 2012




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Avenue, and Chicora Avenue
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PLAN COMMISSION
RECOMMENDED CONDITIONS 2012-1P: Alley Vacation
Plan Commission Council Chambers, 8:00 PM, April 2, 2012


1. The property shall be vacated pursuant to the Plat of Vacation dated February 29,
 2012 and as may be further revised with the approval of the Village Manager, or
 designee, and Corporation Counsel.
2. Easements shall be reserved for all Village and Village franchised public utilities over
 the entire area to be vacated. A permanent public drainage easement shall be
 maintained in the vacated alley.
3. Property owners shall not alter the grade or change the drainage pattern in the
 easement area without a permit from the Engineering Division.
4. Other than a fence, no structures or trees shall be constructed or planted within the
 easement area.
5. The vacation shall be effective upon the recording of a Plat of Vacation by the
 Village in the Office of the Recorder of Deeds of Cook County, Illinois.




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STAFF REPORT 2012-1P: Alley Vacation
Community Development Department Council Chambers, 7:30 PM, March 1, 2012


To: Paul Luke, Chairman, Skokie Plan Commission
From: Mike Voitik, Planning Technician
Re: Alley vacation bounded by Chicora Avenue, Dowagiac Avenue, Waukesha
 Avenue, and Ionia Avenue

General Information
Location Unimproved alley, as follows:
 The southeast 532.00 feet of the northwest-southeast
 alley in the 6751-6800 block between Dowagiac Avenue
 and Ionia Avenue.
Purpose To vacate approximately 532.00 linear feet of unimproved public
 alley.
Petitioner Village of Skokie
Size of Site The alley is approximately 532.00 feet in length and 16 feet in
 width. The area of the alley is approximately 0.195 acres
 (8,512.00 S.F.)
Existing Zoning & R2 Single-Family residential, unimproved and unopened public
Land Use right-of-way.
Adjacent Zoning & North RS-2 Residential Single-Unit – detached residences
Land Use (City of Chicago)
 South R2 Single-Family residential – detached residences
 East RS-1 Residential Single-Unit – detached residences
 (City of Chicago)
 West M Limited Manufacturing – warehouse (Village of Niles)
Comprehensive Plan The alley is designated as single family detached residential


STAFF ANALYSIS
The Village of Skokie is requesting to vacate the southeast 532.00 feet of the
northwest-southeast alley in the 6751-6800 block between Dowagiac Avenue and Ionia
Avenue. The alley is presently covered by grass and is inaccessible to vehicular traffic.
The Community Development Department is continuing to implement its alley vacation
program which vacates unopened and unimproved residential alleys in the Village that
are unnecessary for Village transportation and access needs. In the past, property

#398088 Master Plan Commission Report – 2012-1P: Alley Vacation Bounded by Dowagiac Avenue, Waukesha Avenue, Ionia
Avenue, and Chicora Avenue
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owners were required to petition the Village to vacate an alley and pay all associated
costs involved in the process. In some instances, where the land from the alley
increased the street frontage of a lot or its development potential, residents were
required to pay for the alleys. The alley proposed to be vacated in this case does not
fall under this category. It has been determined that the vacation of alleys will benefit
both residents and the Village. Residents will receive minimally increased land area
while the Village will reduce maintenance costs.
Staff Comment and Review sheets were sent to all pertinent departments. In addition
to the Planning Division comments, staff comments were received from the Engineering
Division. All other departments either had no comment or were in favor of the
proposed vacation.
Engineering Division
The Engineering Division approves the granting of the requested alley vacation as long
as an easement for the full width of the alley is provided to accommodate existing
overhead utilities.
Planning Division
The Planning Division staff supports the proposed alley vacation. There are many
similar unopened and unused alleys within the Village. In this particular case, the
Village is conveying the entire 16 foot-width of the alley to the adjacent property
owners on Ionia Avenue at no cost because the north side of the alley happens to be
the border between Skokie and Chicago. The full width of the northwestern 63.00 feet
of this alley was previously vacated in 1980 in favor of the property at 6797 Ionia
Avenue (case 79-45P).
Although it is still Village property and contains utilities, the Village has no intent to
open or pave the alley. Thus, the Village requests to vacate this alley and return the
property to the adjacent property owners on Ionia. It is, therefore, in the best interest
of residents and the Village to have the alley vacated at no cost to the adjacent
property owners on Ionia.
A utility easement over the entire right-of-way will remain so that utility companies can
maintain their existing facilities.
The approximate boundaries of the alley in the subject case have been marked with
pink wooden stakes along Waukesha Avenue.
Once the alley is vacated, the adjacent property owners on Ionia will be sent a copy of
the Plat of Vacation. When the property owners sell their property, their surveyor will
prepare a new Plat of Survey indicating the additional land that has been added to the
property. Residents may use the additional land as they would any other part of their
property, with the exception that structures other than fences may not be constructed
in the easement area, and this space must always be maintained for unobstructed
drainage.
Chapter 5 of the Comprehensive Plan supports the vacation of this alley which
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represents group number 133 of the 135 alley groups identified for vacation in the Alley
Plan. To date, 101 of the 135 alley groups identified have been vacated.
STAFF RECOMMENDATIONS
Staff recommends that the proposed alley vacation be GRANTED subject to the
following conditions:
1. The property shall be vacated pursuant to the Plat of Vacation dated February 27,
 2012 and as may be further revised with the approval of the Village Manager, or
 designee, and Corporation Counsel.
2. Easements shall be reserved for all Village and Village franchised public utilities over
 the entire area to be vacated. A permanent public drainage easement shall be
 maintained in the vacated alley.
3. Property owners shall not alter the grade or change the drainage pattern in the
 easement area without a permit from the Engineering Division.
4. Other than a fence, no structures or trees shall be constructed or planted within the
 easement area.
5. The vacation shall be effective upon the recording of a Plat of Vacation by the
 Village in the Office of the Recorder of Deeds of Cook County, Illinois.


ATTACHMENTS
1. Site Photos
2. Memorandum from Engineering Division, dated February 23, 2012
3. Plat of Vacation, dated February 27, 2012
4. Land Use and Zoning Map




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 Plan Commission Meeting Minutes
 Date: March 1, 2012

A motion to approve the minutes of the February 16, 2012 meeting was made by Plan
Commissioner Mitchell and seconded by Commissioner Paradise. All voted aye.

Case Description

2012-1P – Alley Vacation
The Village of Skokie is requesting to vacate the following unimproved public alley in an
area bounded by Chicora Avenue on the northwest, Dowagiac Avenue on the northeast,
Waukesha Avenue on the southeast, and Ionia Avenue on the southwest:
The southwest 532.00 feet of the northwest-southeast alley in the 6751-6800 block
between Dowagiac Avenue and Ionia Avenue.

Discussion and Interested Parties

Legal Notice was properly posted, advertised, and delivered to all property owners in the
areas of the subject site as prescribed by the Zoning Chapter.

The Plan Commission chairman gave background information regarding the Village’s
alley vacation program that was initiated in 2004 which gives the unused and unimproved
land that is designated as alleys to adjacent property owners. There is no expense to the
property owner and historically, real estate taxes do not increase due to the fact that a
utility easement is created and no permanent structure can be built on it.

The Planning Technician gave an overview of this unique case. The alley borders
Chicago but is entirely in Skokie; therefore, the property owners on this block of Ionia
will receive the full 16 feet of well maintained land behind their property. They will get a
copy of the recorded ordinance and Plat of Vacation as proof the land ownership. Fences
and low growing landscaping is allowed.

One Plan Commissioner wanted verification that the north line of the alley is the
Village’s boundary and abuts the south border of Chicago. It is of no benefit to the
Village of Skokie to keep it as it is not used to collect trash.

Another Plan Commissioner informed the audience that staff is presenting the report and
their conversations should be held until the time they are called upon for their comments
and questions.

Liz Elliott, of 6751 N. Ionia, asked about the new property line and wanted confirmation
that she can indeed put a fence up against the Chicago border. She also asked about
adverse possession and what if the Chicago property owners try to claim the land that
they have been using all these years. Staff advised her that they cannot claim it because it
is Village property and in the future, it will become private property.


397808 Plan Commission meeting minutes 3/1/2012 Case 2012-1P
Pat Marchman, 6783 Ionia, stated that she has reservations and concerns that the space is
unusable and that her real estate taxes will increase in time. They are outrageous now
and what protection will she have against an increase of property tax. If she cannot build
on the land, what is the benefit of having it? A commissioner stated that she can put in a
garden; a fence to increase the size of her yard space; the added land will increase the sq
footage of her property which would help if she wanted to make any improvements; and
she would have control of the land behind her property. Ms. Marchman also asked about
what is meant by altering drainage or grade? Staff stated that she could not put down any
concrete but dirt or grass would not affect anything. She also brought up that this
vacation will cause dissention and attitude among the Chicago neighbors.

Walter Ligas, 6777 Ionia, asked what is considered a permanent structure. Staff
answered that a shed, a concrete patio or an in-ground pool is while a fence is not. He
also is concerned that in 5-10 years his property taxes will increase because of this
additional land.

Gianduca Bartolomei, 6765 Ionia, stated that his Chicago neighbors have gates on their
properties so that they can access and use the vacant area. Can they protest the land
ownership being given totally to Ionia property owners? As stated previously, the land is
Village of Skokie property and will become private property.

Ms. Elliott and Ms. Marchman both came back to the podium and voiced concerns about
liability once the property becomes private. The Chairman advised them to update their
homeowner insurance to include the added land.

Another commissioner stated that this is a public meeting being recorded and the
attendees have an opportunity to speak but it is not an open forum that they can
return to the podium with further comments.

A voice from the audience made additional comments but when asked to come up to the
podium so that she will be on record, she refused.


Recommendation and Voting

The Plan Commission moved to recommend approval of this case based on positive
findings of fact. The motion was approved with a vote of 9 ayes and 0 nays.

Motion: Marek Second: Stasica

Ayes: 9
Nays: 0




397808 Plan Commission meeting minutes 3/1/2012 Case 2012-1P
PLAN COMMISSION REPORT 2012-3P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM April 2, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Chairman
Case: 2012-2P: Special Use Permit
 Special use permit for religious assembly at 8746 East Prairie Road

PLAN COMMISSION ANALYSIS
At its March 15, 2012 meeting, the Plan Commission heard the request of Kenneth W.
and Florence M. Wolf, on behalf of Young Israel Club of Skokie, Inc., for a special use
permit for religious assembly and to request relief from the parking requirements in
Section 118(2) of the Skokie Village Code. The congregation intends to relocate from
its current location at 3740 Dempster Street into the existing building at 8746 East
Prairie Road, where it would renovate the interior to include sanctuary and social hall
space, as well as a kitchen, a children’s room, and an office. The existing interior walls
of the building would be demolished in order to create a flexible seating area for the
sanctuary with movable partitions that could be modified to expand the synagogue
area. Under the smaller layout of 54 seats, a total of 14 parking spaces would be
required while the expanded space with 72 seats would require 18 parking spaces.
Although the parking lot can only accommodate 10 parking spaces, the congregation is
orthodox and would only be utilizing the parking lot during weekday services and
meetings. On the Sabbath, all members would walk to the subject site. The
congregation would also occasionally host larger, non-Sabbath services, where up to
100 people may attend. All overflow parking for the weekday and larger services would
take place in the Village’s parking lot at the northwest corner of Dempster and East
Prairie and no overflow parking would be permitted on the streets in the adjacent
residential neighborhood.
During the review of the case, staff discovered that the petitioners would also need to
request relief from Section 118-141(b)(5) of the Skokie Village Code because there was
insufficient space to install 6 foot tall screening along the south property line between
the subject site and the adjacent residentially zoned property. If the property owner of
the residence at 8742 East Prairie Road were to remove their fence at any time in the
future and not replace it with any form of screening, the synagogue would be
responsible for installing a new 6-foot tall fence in that location in order to preserve the
screening.
The Plan Commission concurred with the staff recommendation to grant the special use
permit subject to conditions. In response to a question by a commissioner who asked
the petitioner about the size of the congregation’s membership, the petitioners replied
that the number of congregants at its present location is small and the congregation
expects to maintain a similar number of members after it moves to its new location.


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In response to another question by a commissioner who asked if the subject site was
presently vacant, staff replied that building presently contains offices for a direct sales
company and is on the market for sale.
Another commissioner asked if the fact that there was an R4 zoned property directly
across the street from the subject site would have any bearing on the subject site.
Staff replied that the R4 zoned property, while unique in a neighborhood that is
predominately zoned R2 Single-Family residential, had no impact upon the subject site.

INTERESTED PARTIES
Legal notice was properly posted, advertised, and delivered to all property owners in
the area of the subject site and all occupants within the subject site as prescribed by
the Zoning Chapter. No interested parties spoke regarding this case.
Subsequent to the Plan Commission hearing, the petitioners submitted a revised site
plan and elevations, which included the addition of a wall sign on the front of the
building and the removal of an existing linden tree in front of the area where the wall
sign would be located. A new linden tree would be planted on the south side of the
front walkway.

APPEARANCE COMMISSION
Elevations for the proposed use were reviewed and approved at the Appearance
Commission hearing on February 8, 2012.


PLAN COMMISSION RECOMMENDATIONS AND VOTING
The Plan Commission recommends by a vote of 8 ayes and 0 nays, with 1 member
absent, that the petitioners’ request for a special use permit for religious assembly at
8746 East Prairie Road be APPROVED, subject to the recommended conditions.


ATTENDANCE AYES NAYS ABSENT
 Marek X
 O’Donnell X
 Stasica X
 Paradise X
 Carandang X
 Laxpati (Moved) X
 Berman X
 Mitchell (Second) X
 Luke X




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ATTACHMENTS
1. Proposed Positive Findings of Fact for 2012-3P
2. Memorandum from Engineering Division, dated February 29, 2012
3. Existing Site Plan, dated March 21, 2012
4. Proposed Site Plan, dated March 21, 2012
5. Proposed Floor Plan, dated March 21, 2012
6. Alternate Floor Plan, dated March 21, 2012
7. Existing Elevations, dated March 21, 2012
8. Proposed Elevations, dated March 21, 2012
9. Plat of Survey, dated January 9, 2012
10. Land Use and Zoning Map




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PLAN COMMISSION
RECOMMENDED CONDITIONS 2012-3P: Special Use Permit
Plan Commission Council Chambers, 8:00 PM, April 2, 2012


RECOMMENDED CONDITIONS FOR APPROVAL
1. Prior to the issuance of an occupancy permit, the petitioners shall:
 A. Install concrete wheel stops at all parking spaces at a distance of 2 ½ feet
 from the property line.
 B. Raise and level the sidewalk along the south side of the property to eliminate
 trip hazards.
2. If the property owner at 8742 East Prairie Road removes their fence at any time in
 the future and does not replace it with any type of screening, the synagogue shall
 be required to install new 6 foot high screening, as required per Section 118-141
 (b)(5) of the Skokie Village Code.
3. Two bicycle parking spaces must be provided in compliance with Section 118-221 of
 the Skokie Village Code and must be constructed in the location as depicted on the
 approved Site Plan.
4. Prior to the issuance of building permits, the petitioners shall submit detailed plans
 with specifications on the kitchen for review by the Health Department.
5. The maximum seating capacity in the worship area shall be limited to 72 seats.
6. Any overflow parking that may occur during a service must be directed to park in
 the Village’s municipal lot at the northwest corner of Dempster Street and East
 Prairie Road. No overflow parking shall be permitted on the streets in the adjacent
 residential neighborhood.
7. Any change in user to another religious group shall require an application for a new
 special use permit, including public hearings.
8. Prior to the issuance of building permits, the petitioners must submit to the Village
 of Skokie Community Development Department a Cook County Assessor's Office
 Petition to Consolidation of Property with associated fees to consolidate property
 identification numbers 10-23-105-017-0000, 10-23-105-018-0000, and 10-23-105-
 019-0000 into a single tax parcel or evidence that the petition was submitted to
 Cook County.
STANDARD SPECIAL USE CONDITIONS
9. The petitioners must develop the Subject Property in substantial conformance with
 the final Village approved proposed elevations, proposed site plan, proposed floor
 plan, and alternate floor plan, all dated March 21, 2012.
10. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject


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 Property must be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner.
11. Parking lot and exterior lighting must meet IES standards, be full cut-off design and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division.
12. All off-street parking spaces must be legibly striped and maintained.
13. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission.
14. All signage must conform to the Skokie Village Code. Any sign on the Subject
 Property that is in violation of that Code must be removed or modified to conform
 with the Village Code prior to the issuance of an occupancy permit.
15. Vehicles must always be parked between, and not overlap, the striped lines of
 designated parking spaces and must not block driveways, sidewalks, aisles, or other
 points of access.
16. All private and public sidewalks must be maintained free of snow, ice, sleet, or other
 objects that may impede travel.
17. All landscaping must be maintained to a maximum height of 30 inches for a distance
 of 15 feet from any vehicular access point or intersection in order to maintain
 adequate sight distance.
18. All buildings must meet current International Building and NFPA Life Safety Codes as
 amended.
19. Prior to the issuance of building permits, the petitioners must submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit.
20. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify
 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property.
21. The petitioners shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.
22. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked.
23. The petitioners shall pay all costs related to any hearings conducted as a result of

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 non-compliance with any of the provisions of the enabling ordinance. The costs
 shall include but not be limited to court reporter fees, attorney fees, and staff time
 required researching and conducting said hearing.




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PLAN COMMISSION
POSITIVE FINDINGS OF FACT 2012-3P: Special Use Permit
Community Development Department Council Chambers, 8:00 PM, April 2, 2012


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed religious assembly use will not be detrimental to or
 endanger the public health, safety, morals, or general welfare. The
 synagogue is in the public interest and will contribute to the general
 welfare of the community.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 affect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed religious use will not have an adverse impact upon or
 change the character of the neighborhood. The proposed
 synagogue’s congregation is orthodox, and therefore will be walking
 to services on the Sabbath and Jewish High Holidays. During larger
 events when driving is permitted, congregants will park in a public
 parking lot and walk to the subject site. Congregants will not be
 permitted to park on the streets in the adjacent residential
 neighborhood. It is not anticipated that the synagogue will unduly
 burden essential public services such as drainage facilities, public
 utilities, and those services pertaining to public health, safety, and
 welfare in general.




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3 Consideration The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.
 Findings The proposed use will not impact the development and use of
 neighboring properties. The neighboring residence at 8742 East
 Prairie Road already has a fence in place that provides screening
 from the proposed use’s parking lot. The synagogue shall be
 required to install new 6 foot tall fence if the property owner at
 8742 East Prairie Road removes the fence at any time in the future
 and does not replace it with any type of screening. During larger
 events when driving is permitted, congregants will be directed to
 park in a nearby municipal lot and will not be permitted to park on
 streets in the adjacent residential area.
4 Consideration The proposed use will not alter or be contrary to the primary
 purpose of the zoning district of the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 Findings The proposed religious assembly use is not contrary to the primary
 purpose of the B2 Commercial district. There are several other
 religious assembly uses in the area that are operating both with and
 without special use permits. This use will be compatible with not
 only those uses, but other uses within the neighborhood as well.
5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as retail/service employment in the
 Comprehensive Plan and the proposed use conforms to the general
 intent of the plan.




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STAFF REPORT 2012-3P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, March 15, 2012


To: Paul Luke, Chairman, Skokie Plan Commission
From: Mike Voitik, Planning Technician
Re: Special Use Permit
 Religious Assembly
 Young Israel of Skokie
 8746 East Prairie Road

General Information
Location 8746 East Prairie Road
Purpose To request a special use permit for religious assembly and
 request relief from the parking requirements in Section 118-
 218(2) of the Skokie Village Code and any other relief that may
 be discovered during the review of this request.
Petitioner Kenneth W. and Florence M. Wolf, on behalf of Young Israel Club
 of Skokie, Inc.
Size of Site Approximately 9,375.00 square feet (0.215 acre) with 75 feet of
 frontage on East Prairie Road.
Existing Zoning & B2 Commercial – direct selling establishment
Land Use
Adjacent Zoning & North B2 Commercial – massage therapist, beauty parlor,
Land Use wedding planning office
 South R2 Single-Family – single-family residences
 East R4 Multifamily Housing – apartment building
 B2 Commercial – lighting supply store, fast food
 restaurant
 R2 Single-Family – single-family residences
 West B2 Commercial – ComEd substation, fast food
 restaurant
Comprehensive Plan The site is designated retail/service employment.

SITE INFORMATION
• The site is served by the Pace #250 bus which runs to the north of the subject site
 along Dempster Street.


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• Overhead utilities are present in the alley along the west side of the subject site.
• A public sidewalk is present along East Prairie Road.
• Off-street parking is located on the west side of the building and is accessible from
 the alley.
• Fencing is present along the south side of the parking lot to provide screening
 between the adjacent residential property and the parking lot.


STAFF ANALYSIS
Petitioner’s Submittal
The petitioners are requesting a special use permit for religious assembly in a B2
Commercial zoning district. The petitioners are also requesting relief from the parking
requirements in Section 118-218(2) of the Skokie Village Code, and any other relief that
may be discovered during the review of this request.
The Young Israel of Skokie congregation is relocating from its current site at 3740
Dempster Street and intends to purchase the property at 8746 East Prairie Road and
renovate the building in order to operate an orthodox synagogue and social hall. An
office, children’s room, kitchen, and 2 bathrooms will also be created adjacent to the
social hall. In addition to Sabbath and holiday services, the congregation currently
hosts small religious classes where no more than 8 people meet at one time. Several
times a year, the congregation also hosts a larger, non-Sabbath special service, where
up to 100 people may attend. All overflow parking for the larger services takes place in
the Village’s parking lot at the northwest corner of Dempster and East Prairie. The
classes and occasional larger services will continue to be a part of the congregation’s
schedule at the proposed location.
The existing interior walls of the building will be demolished in order to create a flexible
seating area for the sanctuary with movable partitions that can be modified to expand
the synagogue area when additional seating is needed. Under the normal operating
arrangements, the sanctuary will contain seating for 54 people. The social hall, which
will be separated from the sanctuary by a folding partition, will contain 4 tables with
seating for 32 people. When additional seating is required for the sanctuary, the
folding partition will be collapsed and stored at the rear of the room and the tables in
the social hall area will be removed and placed into storage. The sanctuary’s space will
expand into the social hall and contain a total of 72 seats.
The front entrance to the building will be relocated slightly further to the north from its
current location and have a new metal canopy constructed above the front doors. Two
new bicycle parking spaces will be installed under the canopy and to the left of the front
entrance. The existing overhead door on the rear wall of the building will be removed
and filled in with concrete block to match the surrounding wall.
The site plan indicates that the parking lot can accommodate 10 parking spaces,
including 1 handicapped parking space. Most of the existing landscaping on the site will

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remain with the exception of 4 yew bushes that will be removed from the front of the
building due to the relocation of the front entrance. Three new boxwood shrubs will be
planted on the north side of the sidewalk that leads to the entrance.
Comments
Staff Comment and Review sheets were sent to all pertinent departments. Staff
comments on the subject case were received from the Engineering Division, the Fire
Department, and the Health Department. All other departments returned the sheets
with no comments.


Engineering Division
The Engineering Division recommends approval of the special use permit for the
existing religious assembly use. Concrete wheel stops must be provided at all parking
spaces at a distance of 2 ½ feet from the property line.
The parking requirement for the use is 1 space for each 4 seats or for each 80 lineal
inches of seating space in the assembly area. A total of 10 spaces are provided and 14
to 18 spaces (depending upon the layout of the sanctuary) are required per Section
118-281(2) of the Village Code, resulting in a required relief of between 4 and 8 spaces.
The Engineering Division has given consideration to the fact that the subject synagogue
is orthodox and, thus, prohibits driving to services on the Sabbath and Jewish High
Holidays. However, during larger, non-Sabbath special services, the parking demand
will exceed the spaces provided in the parking lot, and there is concern that parking will
overflow onto the streets in the adjacent residential neighborhood. The synagogue’s
congregants shall be required to park in the nearby municipal parking lot at the
northwest corner of Dempster and East Prairie Road during these larger services. No
overflow parking shall be permitted on the streets in the adjacent residential
neighborhood.

Fire Department
The Fire Department requires that in addition to a fire alarm system and emergency
and exit lighting, a hood and fire extinguishing system will need to be installed in
conjunction with the stove in the kitchen.

Health Department
The Health Department requests that the petitioners provide detailed information on
any food service programs the synagogue will be supplying for its members and the
public. If any food product is supplied or prepared on site for the general public, the
kitchen must meet all Health Department requirements for food preparation, including
the installation of additional sinks. Detailed plans with specifications on the kitchen
must be provided for review by the Health Department prior to the issuance of building
permits.


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Planning Division
The Planning Division recommends approval of the special use permit for the proposed
religious assembly use and the granting of relief from the parking requirements in
Section 118-218(2) of the Skokie Village Code. A total of 14 parking spaces are
required under the normal operating layout of the synagogue, and 18 spaces under the
expanded sanctuary configuration. Although only 10 parking spaces are present, the
orthodox synagogue’s congregants will be walking to services on the Sabbath and
Jewish High Holidays. The maximum seating capacity of the sanctuary portion of the
synagogue shall be limited to 72 seats.
There are several other religious assembly uses in the area along both Dempster Street
and East Prairie Road. This use will be compatible with not only those uses, but other
uses within the neighborhood as well. The sidewalk along the south side of the building
must be raised and leveled to eliminate the existing trip hazards.
The petitioners must also request relief from Section 118-141(b)(5) of the Skokie
Village Code because there is insufficient space to install 6 foot tall screening along the
south property line between the subject site and the adjacent residentially zoned
property. If the property owner of the residence at 8742 East Prairie Road removes
their fence at any time in the future and does not replace it with any type of screening,
the synagogue shall be responsible for installing a new 6 foot tall fence in that area in
order to preserve the screening.
The proposed site plan must be revised to indicate where the trash container will be
kept in the rear parking lot. The proposed site plan must also be revised to remove the
section of the proposed wood fence that parallels the existing fence on the south
property line. New fencing shall only be provided between the west end of the existing
fence and the west property line.
Any change in user to another religious group shall require an application for a new
special use permit, including public hearings. The 3 existing lots of record that
comprise the property must be consolidated into a single new tax parcel.

APPEARANCE COMMISSION
Elevations for the proposed use were reviewed and approved at the Appearance
Commission hearing on February 8, 2012. The Appearance Commission requested that
the bike rack to be installed near the front entrance be of a design that permits a bike
to be secured in 2 locations on the frame.

STAFF RECOMMENDATIONS
Staff recommends that the petitioners’ request for a special use permit for religious
assembly at 8746 East Prairie Road be APPROVED, based upon the Proposed Positive
Findings of Fact and subject to the recommended and standard special use permit
conditions, and that relief be granted from the parking requirements in Section 118-


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218(2) and visual screening requirements in Section 118-141(b)(5) of the Skokie Village
Code.

RECOMMENDED SPECIAL USE CONDITIONS
1. Prior to a hearing of the subject case before the Board of Trustees, the petitioners
 shall revise the Proposed Site Plan to:
 A. Indicate the location of where the trash container will be stored within the
 parking lot.
 B. Remove the section of proposed wood fence that parallels the existing fence
 on the south property line. New fencing shall only be provided between the
 west end of the existing fence and the west property line.
 C. Indicate the placement of concrete wheel stops at all parking spaces at a
 distance of 2 ½ feet from the property line.
2. Prior to the issuance of an occupancy permit, the petitioners shall:
 A. Install concrete wheel stops at all parking spaces at a distance of 2 ½ feet
 from the property line.
 B. Raise and level the sidewalk along the south side of the property to eliminate
 trip hazards.
3. If the property owner at 8742 East Prairie Road removes their fence at any time in
 the future and does not replace it with any type of screening, the synagogue shall
 be required to install new 6 foot high screening, as required per Section 118-141
 (b)(5) of the Skokie Village Code.
4. Two bicycle parking spaces must be provided in compliance with Section 118-221 of
 the Skokie Village Code and must be constructed in the location as depicted on the
 approved Site Plan.
5. Prior to the issuance of building permits, the petitioners shall submit detailed plans
 with specifications on the kitchen for review by the Health Department.
6. The maximum seating capacity in the worship area shall be limited to 72 seats.
7. Any overflow parking that may occur during a service must be directed to park in
 the Village’s municipal lot at the northwest corner of Dempster Street and East
 Prairie Road. No overflow parking shall be permitted on the streets in the adjacent
 residential neighborhood.
8. Any change in user to another religious group shall require an application for a new
 special use permit, including public hearings.
9. Prior to the issuance of building permits, the petitioners must submit to the Village
 of Skokie Community Development Department a Cook County Assessor's Office
 Petition to Consolidation of Property with associated fees to consolidate property
 identification numbers 10-23-105-017-0000, 10-23-105-018-0000, and 10-23-105-


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 019-0000 into a single tax parcel or evidence that the petition was submitted to
 Cook County.
STANDARD SPECIAL USE CONDITIONS
10. The petitioners must develop the Subject Property in substantial conformance with
 the final Village approved proposed elevations, proposed site plan, proposed floor
 plan, and alternate floor plan, all dated January 24, 2012.
11. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage,
 landscaping, structures, and any other facilities or infrastructure on the Subject
 Property must be maintained in a good state of repair, and when needed, be
 repaired or replaced in a timely manner.
12. Parking lot and exterior lighting must meet IES standards, be full cut-off design and
 be directed away from adjacent properties, subject to the approval of the
 Engineering Division.
13. All off-street parking spaces must be legibly striped and maintained.
14. All modifications to building elevations, signage, and landscaping shall be subject to
 the review and approval of the Skokie Appearance Commission.
15. All signage must conform to the Skokie Village Code. Any sign on the Subject
 Property that is in violation of that Code must be removed or modified to conform
 with the Village Code prior to the issuance of an occupancy permit.
16. Vehicles must always be parked between, and not overlap, the striped lines of
 designated parking spaces and must not block driveways, sidewalks, aisles, or other
 points of access.
17. All private and public sidewalks must be maintained free of snow, ice, sleet, or other
 objects that may impede travel.
18. All landscaping must be maintained to a maximum height of 30 inches for a distance
 of 15 feet from any vehicular access point or intersection in order to maintain
 adequate sight distance.
19. All buildings must meet current International Building and NFPA Life Safety Codes as
 amended.
20. Prior to the issuance of building permits, the petitioners must submit to the Planning
 Division of the Community Development Department the name, address, and
 telephone number of the company and contact person responsible for site
 maintenance in compliance with the special use permit.
21. If work is to be performed on public property or if public property is utilized or
 impacted during construction and/or development, the owner shall provide, or shall
 cause the developer and/or contractor to provide, the Village of Skokie with a
 certificate of insurance naming the Village of Skokie as additionally insured for any
 and all claims related to any and all work. The owner shall hold, and shall cause the
 developer and/or contractor to hold, the Village of Skokie harmless and indemnify

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 the Village for any and all claims for property damage or personal injury related to
 work on or use of public property.
22. The petitioners shall comply with all Federal and State statutes, laws, rules and
 regulations and all Village codes, ordinances, rules, and regulations.
23. Failure to abide by any and all terms of this Ordinance shall be cause for the Village
 to initiate hearings to determine whether the subject Ordinance, as well as any
 applicable business licenses, should be revised or revoked.
24. The petitioners shall pay all costs related to any hearings conducted as a result of
 non-compliance with any of the provisions of the enabling ordinance. The costs
 shall include but not be limited to court reporter fees, attorney fees, and staff time
 required researching and conducting said hearing.
ATTACHMENTS
1. Proposed Positive Findings of Fact for 2012-3P
2. Memorandum from Engineering Division, dated February 29, 2012
3. Existing Elevations, dated January 24, 2012
4. Proposed Elevations, dated January 24, 2012
5. Existing Site Plan, dated January 24, 2012
6. Proposed Site Plan, dated January 24, 2012
7. Proposed Floor Plan, dated January 24, 2012
8. Alternate Floor Plan, dated January 24, 2012
9. Plat of Survey, dated January 9, 2012
10. Land Use and Zoning Map




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Proposed Positive Findings of Fact 2012-3P: Special Use Permit
Community Development Department Council Chambers, 7:30 PM, March 15, 2012


1 Consideration The establishment, maintenance, or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals,
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or a
 facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 Findings The proposed religious assembly use will not be detrimental to or
 endanger the public health, safety, morals, or general welfare. The
 synagogue is in the public interest and will contribute to the general
 welfare of the community.
2 Consideration The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 affect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, safety, and welfare in general.
 Findings The proposed religious use will not have an adverse impact upon or
 change the character of the neighborhood. The proposed
 synagogue’s congregation is orthodox, and therefore will be walking
 to services on the Sabbath and Jewish High Holidays. During larger
 events when driving is permitted, congregants will park in a public
 parking lot and walk to the subject site. Congregants will not be
 permitted to park on the streets in the adjacent residential
 neighborhood. It is not anticipated that the church will unduly
 burden essential public services such as drainage facilities, public
 utilities, and those services pertaining to public health, safety, and
 welfare in general.




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3 Consideration The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.
 Findings The proposed use will not impact the development and use of
 neighboring properties. The neighboring residence at 8742 East
 Prairie Road already has a fence in place that provides screening
 from the proposed use’s parking lot. The synagogue shall be
 required to install new 6 foot tall fence if the property owner at
 8742 East Prairie Road removes the fence at any time in the future
 and does not replace it with any type of screening. During larger
 events when driving is permitted, congregants will be directed to
 park in a nearby municipal lot and will not be permitted to park on
 streets in the adjacent residential area.
4 Consideration The proposed use will not alter or be contrary to the primary
 purpose of the zoning district of the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 Findings The proposed religious assembly use is not contrary to the primary
 purpose of the B2 Commercial district. There are several other
 religious assembly uses in the area that are operating both with and
 without special use permits. This use will be compatible with not
 only those uses, but other uses within the neighborhood as well.
5 Consideration The proposed use and its plan conform to the general intent of the
 Official Comprehensive Plan.
 Findings The site is designated as retail/service employment in the
 Comprehensive Plan and the proposed use conforms to the general
 intent of the plan.




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12607
MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of
Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8
p.m. on Monday, April 2, 2012

Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School.

The Mayor called the meeting to order.
The Clerk called the Roll. Those present were Trustee Perille, Roberts, Sutker, Bromberg,
Shah, Lorge and Mayor Van Dusen.
Motion to approve the Consent Agenda.
Moved: Trustee Lorge Seconded: Trustee Shah
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

* Approve, as submitted, minutes of regular meeting held March 19, 2012.
Omnibus vote.

* Approve Voucher List #22-FY12 of April 2, 2012.
Omnibus vote.

*Proclamations and Resolutions.
A. Proclamations:
Public Health Week – April 2-8, 2012
Days of Remembrance of the Holocaust – April 15-22, 2012
Day of Remembrance – April 19, 2012
Omnibus vote.

Recognition, Presentations and Awards.
A. Presentation: Beautification and Improvement Commission Awards
Chairman Soco presented awards to the following residents who received certificates of
appreciation for maintaining their property in an exceptional manner during 2011:4624
Elm Terrace, 8552 Drake, 5201 Greenleaf, 5253 Enfield, 4151 Emerson, 8323
Lockwood, 5350 Washington, 8449 Latrobe, 4657 Elm Terrace, 9006 Sleeping Bear,
5247 Greenwood, 4917 Dobson, 8641 Karlov, 8301 Lockwood, 3352 Wilder, 5225
Greenleaf, 8442 Keystone, 3639 Crain, 5106 Pratt, 3949 Keeney, 9622 Karlov, 9228
Kolmar, 3303 Emerson, 5233 Madison, 4211 Lee, 8349 Trumbull, 8133 Hamlin, 8720
Avers, 3727 Dempster, 8547 St. Louis, 8221 Lockwood, 7632 Niles Center, 4905 Old
Orchard Center, 9528 Keystone, and 3828 Keeney. 8445 Lockwood and 8027 East
Prairie received five year awards.

* Appointments, Reappointments and Resignations.
A. Reappointments:
Fine Arts Commission (Two-Year Term): Sylvia Callistein, Andrea Siegel (One-Year
Term as Chair)
Human Relations Commission (Three-Year Term): Ina Silvergleid
Omnibus vote.

Report of the Village Manager.
A. Zone Parking in the Vicinity of the Oakton Street CTA Station.
Motion to request that the Mayor & Board approve the zone parking program and direct the
Corporation Counsel to prepare the necessary ordinance to be adopted on April 16th.
Don Marchman, 6783 Ionia questioned whether parking at the Skokie Park District by the CTA
riders would affect the Park District patrons
Moved: Trustee Sutker Seconded: Trustee Perille
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED


 1
12608
Meeting of the Mayor and Board of Trustees
Monday, April 2, 2012 Page Two

The Mayor announced that the first day of service for the Oakton Street CTA Station will be
April 30th and the Grand Opening will be on June 24th.

* B. Intergovernmental Agreement between the Village of Skokie and the Board of Education
of School Districts Nos. 68, 69, 72, 73, 73 ½, and 219.
Resolution 12-4-R-1179
Motion to approve a resolution authorizing execution of an intergovernmental agreement
between the Village of Skokie and the Board of Education of School Districts Nos.
69,69,72,73,731/2 and 219.
Omnibus vote.

* C. Geographic Information System (GIS) Service Provider Agreement and Access to Cook
County Assessor’s Office Data for the Geographic Information System.
Resolution 12-4-R-1180
Motion to approve a Resolution authorizing execution of the renewal of an agreement with
Municap GIS Partners, Inc. (MGP).
Omnibus vote.

Resolution 12-4-R-1181
Motion to approve a Resolution authorizing execution of the agreement for access to the Cook
County Assessor’s Office GIS.
Omnibus vote.

* D. Bid Report – FY 2012 Asphalt Roller – Patten Industries Inc., Elmhurst, IL - $35,597.
Motion to award a contract to Patten Industries, Inc., Elmhurst, IL in the amount of $35,597 for
FY 2012 Asphalt Roller.
Omnibus vote.

* E. Bid Report – Mowing and Landscaping Services – Atrium Landscape, Lemont, IL –
$35,400.
Motion to award a contract to Atrium Landscape, Lemont, IL in the amount of $35,400 for
mowing and landscaping services.
Omnibus vote.

* F. Request to Sell Surplus Vehicles and Equipment.
Motion to approve the request to sell at auction certain surplus vehicles and equipment.
Omnibus vote.

 Report of the Corporation Counsel.
CONSENT:
*A.Ordinance 12-4-C-3892
Motion to adopt an ordinance amending Chapter 98, Article IX, Sections 98-256 and 98-260 of
the Skokie Village Code pertaining to the Local Fuel Tax. This item is on the consent agenda
for second reading and adoption.
Omnibus vote.

FIRST READING:

B.Ordinance 12-4-U-3893
Motion to suspend the rules and adopt an Electricity Aggregation Program in the Village of
Skokie.
Moved: Trustee Perille Seconded: Trustee Lorge
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED



 2
 12609

Meeting of the Mayor and Board of Trustees
Monday, April 2, 2012 Page Three

Motion to adopt an ordinance authorizing an Electricity Aggregation Program in the Village of
Skokie, Illinois, pursuant to the Illinois Power Agency Act.
Moved: Trustee Lorge Seconded: Trustee Bromberg
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Unfinished Business.
A. Electrical Aggregation Program
Public Works Director Max Slankard gave a detailed presentation and background on the
establishment of an Electricity Aggreagation Program. He answered questions from the Board.
This was the 5th Public Hearing on the subject.
Resolution 12-4-R-1182
Motion to approve a Plan of Operation and Governance for the Village of Skokie’s Electricity
Aggregation Program.
Moved: Trustee Lorge Seconded: Trustee
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Resolution 12-4-R-1183
Motion to approve a contract for the Provision of Electricity for the Village’s Electricity
Aggregation Program and authorizing the Village Manager to execute documentation to secure
a final electricity price for the program.
Moved: Trustee Perille Seconded: Trustee Sutker
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Plan Commission.
Chairman Paul Luke presented the Plan Commission Cases.
A. Plan Commission Case 2012-1P – Alley Vacation
Motion to concur with the Plan Commission that the petitioner’s request to vacate the
southeast 532.00 feet of the northwest-southeast alley in the 6751-6800 block between
Dowagiac Avenue and Ionia Avenue be approved subject to all conditions.
Don Marchman, 6783 Ionia spoke in favor of the request.
Moved: Trustee Lorge Seconded: Trustee Bromberg
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

B. Plan Commission Case 2012-3P – Special Use Permit: 8746 East Prairie Road
Motion to concur with the Plan Commission that the petitioners’ request for a special
use permit for religious assembly at 8746 East Prairie Rd. be approved subject to all
conditions
Attorney for the petitioner answered questions from the Board.
Moved: Trustee Bromberg Seconded: Trustee Lorge
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED



 3
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Meeting of the Mayor and Board of Trustees
Monday, April 2, 2012 Page Four



Citizen Comments.
Bob Katzman, Magazine Museum commented on the opening date of the Skokie Swift at
Oakton




Adjournment
Motion to adjourn at 9:20 p.m.
Moved: Trustee Perille Seconded: Trustee Roberts
Ayes: Perille, Roberts, Sutker, Bromberg, Shah, Lorge and Mayor Van Dusen
Nays: None.
Absent: None
MOTION CARRIED




 __________________________

 Marlene Williams, Village Clerk




Approved:
______________________
George Van Dusen, Mayor




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