My term will end with the election of new leadership at the November Membership meeting. The new Board, which will be introduced at our Christmas Party, is experienced and dedicated to leading LCCA into the future. This Board will consist of:

• Mike Temple, President - Mechanical, Inc.
• Mike Henderson, 1st Vice President - Jos. J. Henderson & Son
• Micky Day, 2nd Vice Pres. - DK Contractors, Inc.
• Lyle Ehlers, Treasurer - Boller Construction Co.
• Gary Dowty, Secretary (non-voting) - LCCA
• Pat Kirschhoffer, Immediate Past President - Kirschhoffer Truck Service, Inc.
• Jim Pickus, MARBA Director - Pickus Construction & Equipment
• Tom Hegel, Director - Kelso Burnett
• Karen Johnson, Director - Roughneck Concrete Drilling & Sawing
• Paul Nick, Director - Lincoln Financial Advisors
• Mike Ryan, Director - Meyer Material Company
• Kevin Piefer, Director (new) - Payne & Dolan

The challenges facing the new board are great. An economy that cannot make up its mind, political pressures in Lake County to stop all development, and a labor relation’s environment that is not always productive will head the list. We need to make sure the association is doing things that will improve the well being of our members and continue to look for new solutions to old problems. Unfortunately, there is no silver bullet. We just need to steer the association in the right direction and stay the course. I am confident your future leaders are up to the task. And with your help, LCCA will continue to help us improve our business and our markets.

I have learned so much during my term and have enjoyed working with the members of the Board on concerns and issues facing our industry. During a time when the market was way down and the construction industry felt the impact, I saw how LCCA and the members reacted and stuck together to get through this tough time. In spite of the economic downturn, the Board increased the benefits to our membership. I thank all of you for allowing me to serve as President for the last two years.
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If you have not made your reservations yet, mail that check today! Deadline for reservations for the Mini Workshop is November 30 - that's less than a month away.

Don't miss this opportunity to network and relax in sunny Puerto Vallarta during the beginning of the February doldrums! For only $1,025 per person double occupancy ($1,225 single occupancy), you get an all-inclusive five-day, four-night stay at the Premier Hotel & Spa, an intimate resort hotel right on the beach.

Known for their outstanding service, this adults-only property is sure to meet all your relaxation needs. Close to shopping, with a world-class spa and three on-property restaurants featuring both Mexican and Mediterranean specialties, this destination is the perfect epicenter for an exciting winter escape.

Registration information is included with this Newsbrief.
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Lake Forest Travel has put together three possible extensions to the Bilbao/ Barcelona Winter Workshop. Ranging in price from $500 per person to approximately $750, all three extensions require a minimum 15 full paying passengers and are for 4 days and 3 nights.

The first option would take you to Palma de Mallorca, the largest and most cosmopolitan city in the Balearic Islands. The cost for this extension is $500 per person, including: air fare, transfers, hotel with buffet breakfast, and a half-day guided tour of the region.

Option two is a Paris getaway for $670 per person, including: airfare, transfers, hotel with buffet breakfast, and a half-day guided panoramic tour of the city.

The final option is a visit to Florence, Italy. Price per person for this extension would be $410 land only with additional airfare estimated at $245 plus a $100 air deviation charge, and including: transfers, hotel with buffet breakfast and a half-day walking tour of the city.

If you are interested in extending, please call Lisa at the LCCA office.
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LCCA’s annual trade show will be on November 20 at Midlane Golf Resort. The show will be from 5:00 – 7:30 p.m. in the Chandler Room.

This year we expect another full house. Here are some reasons to attend:

• Meet many of LCCA’s great Associate & Supplier members.
• Great door prizes will be offered by many exhibitors – Bears Tickets, fuel, dinner, etc.
• A chance to win a gift certificate for $500, $300 or $200.
• And FREE drinks during the show!

Exhibitors who have already signed up include:

Zeigler Associates RMS McGladrey Municipal Marking Distributors Sunbelt Rentals United Rentals Highway Technology Skokie Valley/Wheeling Reproductions Palatine Oil Co. Pasquesi Sheppard, LLC Dam, Snell & Taveirne, Ltd. Time Savers, Inc. CGA Promotions John Sakash Company RKD Construction Supplies & Equipment The Blue Book Terra Cotta Truck Service

Make your reservations today. A form is included with this newsletter or you can register on-line at www.lcca-il.org/events.
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Continue an old tradition - or begin a new one! Friday, December 5th, is the LCCA annual Holiday Party at the Marriott Lincolnshire Resort. What better way to kick off the holiday season than an evening of wining, dining, and dancing with family, friends and associates in the beautifully decorated ballroom of the Marriott Lincolnshire!

The evening begins with a social hour at 7:00 p.m. accompanied by a jazz quartet. Dinner will follow at 8:00 featuring either 8 oz. filet mignon or baked filet of salmon. At 9:30 the strains of music by "The Dan Hayes Orchestra" will fill the ballroom and provide incentive for dancing and background music for socializing until 1:00 a.m.

As always, a highlight of the evening is the annual changing of the guard. Mike Temple will be officially inducted as President of LCCA, along with his new Board of Directors. The presentation of the coveted Governor's Award is another spotlight moment in the festivities.

To register, go to www.lcca-il.org/events or call the LCCA office for a registration form. The last date for reservations is Thursday, November 20, 2003.

As always, LCCA has reserved a block of rooms at the Marriott for Friday night. The special rate is $79.00 per room, single or double occupancy. To reserve a room, call (800) 228-9290 and tell them you are with the Lake County Contractor's group. These rooms will only be held until Friday, November 14.
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The Construction Industry Service Corporation (CISCO) is working on a bill to permit collectively bargained Workers Comp. The primary purpose of this bill will be to permit unions and management to create systems that will allow Workers Comp experts selected by both labor and management to intervene in claims disputes to get a resolution in days rather than years and avoid litigation and attorneys.

Currently the Illinois Industrial Commission can take four years to resolve a disputed claim. During this time, the employee gets no help and the contractor's insurance company keeps raising the reserves. No one wins except the attorneys who take their 20%.

This is not a new concept. In 1991, legislation was adopted in Massachusetts that permitted labor and management to create an alternative workers’ compensation benefit administration system. Due to the success of this program, nine other states have approved similar legislation.

Minnesota has proven the success of the program. After approving the legislation in 1997, participation has grown from 25 million payroll hours to over 400 million. And during the 5½ years of operation, a total of 3,477 claims have been filed against participating contractors, of which 930 involved lost time accidents. Of these claims, only four have gone to a formal hearing. According to the MN Department of Labor, 15% of all other claims will go to a formal hearing.

The legislation does limit what can be agreed to so a union cannot “negotiate” increased benefits. An agreement must be limited to the following:

• An alternative dispute resolution system to supplement, modify or replace the procedural or dispute resolution provisions of the Workers Comp Act. The system may include mediation, arbitration or other dispute resolution proceedings, the results of which may be final and binding upon the parties.
• A list of providers of medical treatment that may be the exclusive source of all medical and related treatment provided.
• A list of providers that may be the exclusive source of impartial medical (physical or mental) examinations.
• The creation of a transitional or modified return to work program.
• A list of individuals and companies for the provision of vocational rehabilitation or retraining programs.
• The establishment of a Safety Committee and safety procedures.
• The adoption of a 24-hour health care coverage plan.

The bottom line is lower cost for contractors, and better medical care for employees, and less attorney’s fees! Sounds like a good deal for everyone.
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According to MARBA, this provision has been in the Laborers’ Agreement for more than 20 years and so far has never been found to impose any financial liability on contractors. This is also NOT an issue they can file a grievance about. Currently there are disputes among the Operators Local 150, Teamsters Local 703, Production Workers Local 707 and the Laborers over the performance of landscape work. The fact that different unions are claiming the work demonstrates that a jurisdictional dispute exists. Jurisdictional disputes cannot be processed as grievances.

If you are faced with any threats or grievances on this issue, contact the LCCA Office.
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Currently legislation is pending in Springfield that would severely limit the ability of private landowners to develop their property. Introduced by Rep. Karen May (D-Highland Park), HB 422 has passed the House and could be considered by the Senate during the upcoming Veto Override Session scheduled to begin this week.

• The bill sets statewide standards for the regulation of isolated wetlands – and then allows jurisdictions like the Lake County Storm Water Management Agency to ignore the standards and set more stringent regulations.
• The bill does not set or limit fees – instead it allows the adoption of fees by rule!
• This legislation will impact all “wetlands” with maximum scrutiny for wetlands greater than ½ acre.
• And enforcement of the legislation will be by the Department of Natural Resources rather than IEPA.

• Mitigation ratios could reach 4.5 acres of mitigation per acre of land.
• Using private mitigation banks could cost $65,000 - $90,000 per acre.

The other losers in this legislation are contractors who build on the property and taxpayers who will never reap the tax income from disputed property to offset their own property taxes.

What can you do? Contact your state Senator and tell him/her to VOTE NO on HB 422. Special calls and letters should be sent to Sen. Terry Link who is sponsoring the bill in the Senate. Sen. Link can be reached at (847) 735-8181 or email him at senator@link30.org.

This is just one more effort by the environmental groups to slow down or totally stop building in Lake County. Reasonable controlled growth is the economic engine that drives the quality of life. Without it, the only recourse for government officials is to cut programs (not likely) or raise taxes. Which do you want?
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The Responsible Bidder Bill (HB 3048) passed the House and Senate in May and was submitted to the Governor for approval. In a September 3 letter to the House of Representatives, Gov. Blagojevich amendatory vetoed the bill returning it to the House for further consideration.

The Governor has no problem with most of the bill but he feels the provisions might interfere with the states ability to receive Federal Matching funds for highway projects and is suggesting the inclusion of a provision to provide “this Section shall not apply to federally funded construction projects if such application would jeopardize the receipt or use of federal funds in support of such project.”

To be a “responsible bidder” contractors must:

• Comply with all applicable laws concerning their entitlement to conduct business in Illinois.
• Comply with all the applicable provisions of the Prevailing Wage Act.
• Comply with all applicable EEOC regulations.
• Have a valid Federal Employer Identification Number, or, if an individual, a valid Social Security Number.
• Have a valid certificate of insurance showing coverage for: general liability, professional liability, product liability, workers' compensation, completed operations, hazardous occupation, and automobile.
• Participate in applicable apprenticeship and training programs approved by and registered with the U. S. Department of Labor's Bureau of Apprenticeship and Training.

The House will consider the bill, with the Amendatory Veto, on November 4.
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Significant changes in the Illinois Prevailing Wage law passed the General Assembly and have been signed into law by the Governor. This bill will impact your record keeping and contracts between you and subcontractors at all levels. House Bill 3398 will require the following:

• Contractors will be required to include in each subcontract, and the project specifications for each subcontract, a written stipulation that the subcontractor will pay no less than the Prevailing Rate for all work under the contract.
• Subcontractors shall have the same requirement for each lower tier subcontract.
• Records of the name, address, telephone number and social security number and occupation will be kept on each employee for three years. Currently you are only required to keep the name and occupation.
• Records shall also show the actual hourly wages paid in each pay period to each employee and the hours worked each day in the workweek. Records shall also include the starting and ending times for each employee!

This bill is effective June 1, 2004, so you do have some time to make any computer changes necessary to keep accurate records. For copies of the law, call the LCCA Office.
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In the June Newsbrief, Kim Robinson reported in her ICIC Report that many fees would be going up to pay for the Governor's 2004 budget. Only now are many finding out how much and how many fees are going up in the name of “no tax increases.” From something as simple as increasing “Returned Check” fees from $2.00 to $25.00, to creating new “fees” for nursing homes, security transaction fees, air construction permit fees, asbestos fees, NPDES discharge fees and pest control fees. Some increased $.50 while others increased $250,000!

Some fees particularly of interest to contractors include:

• Increased vehicle fees – almost all fees increased, some substantially.
• Business Corporation Act fees.
• Weights and Measurers Act fee.
• Air Pollution Operating Fees.
• Air Construction Permit Fees.
• Water Pollution Construction Permit Fees.
• NPDES Discharge Fees.
• Water certification fees.
• Water Main Installation/Extension fees.
• Hazardous Waste Fees.

For a complete list of fees, go to the Illinois Chamber of Commerce website at www.ilchamber.org and look for “State Fee Increases". Or call the LCCA Office and we will get you a copy.
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A billion is a difficult number to understand, but one advertising agency did a good job of putting that figure into perspective.

• A billion seconds ago it was 1971.
• A billion minutes ago Jesus was alive.
• A billion hours ago our ancestors were living in the Stone Age.
• A billion dollars ago was only 8 hours and 20 minutes at the rate Washington spends it!