Board of Trustees Meetings

BOARD OF TRUSTEES, VILLAGE OF NILES October 24, 2006 8:00 P.M. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Village President Nicholas B. Blase. ROLL CALL The Regular Meeting of the Board of Trustees was called to order at 8:10 P.M. by President Blase. The following Trustees were present: Biederman, Bondi, Callero, Murphy, Preston, and Przybylo. APPROVAL OF MINUTES: Regular Board Meeting Trustee Bondi made a motion, seconded by Trustee September 26, 2006 Callero, to approve the minutes of the September 26, 2006, Board Meeting, as submitted. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. PRESENTATION: Police Department Police Chief Dean Strzelecki stated that on August 6, Commendation 2006, Officer Mercado observed a subject acting in a Officer Jerry Mercado very suspicious manner near a parked car in Niles. Officer Mercado immediately took up active surveillance on the subject. The subject was observed entering that parked car and fleeing the area. Officer Mercado initiated a traffic stop and, through his investigation, he learned that the vehicle that the subject was driving was stolen from a burglary out of a home in Chicago. Through Officer Mercado’s investigative skills, he cleared a burglary from another jurisdiction, resulting in recovered property and averted a burglary in our own town. For this he should be commended. Police Department Introducing the demonstration of the new TALON Demonstration of launcher, Police Chief Dean Strzelecki explained that TALON Launcher the Niles Police Department attempts to stay on top of modern technology and to offer our Police officers the latest in equipment. In keeping with this philosophy, we are constantly looking for tools to assist our officers in limiting the amount of physical confrontation and contact with an offender or an aggressive assailant. Chief Strzelecki stated that tonight they would demonstrate the latest tool purchased that would lower the liability while allowing the officer to control a situation when an aggressive criminal attempts to take advantage of size and try to overpower an arresting  October 24, 2006 officer. This equipment, known as the TALON, is in no way a substitute for deadly force and should not be used as a replacement for dealing with a subject who exhibits deadly force to an officer. Chief Strzelecki introduced Sgt. Carl Kully, the Niles Police Department Range Master and Weapons Trainer, and Range Officer Rodney Whiteman. Sgt. Kully briefly explained the difference between pain compliant and non-lethal weapons. The TALON launcher is non-pain compliant. Officer Rodney Whiteman then fired the TALON launcher in the direction of Sgt. Kully. High energy compressed air projected the net from the launcher at a rate of over 15 feet per second and enshrouded Sgt. Kully in a 16 foot containment snare that fell over his body and wrapped him in the vise grip of the nylon net. It is a distraction device which will give the officers an extra few seconds to react, Sgt. Kully explained. The unit is rechargeable and reusable. PROCLAMATIONS: None. TRUSTEE REPORT: Trustee Preston reported that the Solid Waste Agency of Northern Cook County (SWANCC) met on Wednesday, October 11, 2006. At that time they had a preliminary presentation of future actions for the Glenview Transfer Station Actions Analysis. SWANCC no longer owns a balefill, they sold it off, and what they do own is the Glenview Transfer Station that still bales garbage. Because they don’t have to transport this garbage to a balefill facility or a future balefill facility, they don’t necessarily have to keep the baling equipment. The baling equipment is soon going to finish its natural longevity and needs to be replaced. One of the options is replacing equipment that is currently at the Glenview Transfer Station. The other option that is being considered is what type of agency the Solid Waste Agency of Northern Cook County is going to continue to be. Those options are going to be discussed further by the Executive Board and with each individual municipality. Such that by the May meeting of SWANCC, they will have a future direction of the agency; whether it continues in its current form or similar form or whether it is going to go out of business. This board will meet with the Executive Director, Brooke Beal, and other staff from the Solid Waste Agency before that May meeting, and it is tentatively set for a pre-Board meeting in January. The Northwest Municipal Conference (NWMC) also met on Wednesday, October 11, and they had a rather lengthy agenda. To highlight a couple of the agenda items: one of which was a presentation by the Collaborative Healthcare Urgency Group (CHUG). This organization was started through Advocate Hospital Systems, and, of course, one of the larger Advocate hospitals is Lutheran General 2  October 24, 2006 Hospital in Park Ridge. That organization has been organized to assist in regional disaster planning. It’s an organization of hospitals, care facilities and public safety departments organized to manage urgent evacuations. The plan was developed to provide access to disaster planning response and recovery information and resource. It is similar to our MABAS plan with our fire departments in the area. They are at a beginning stage and are looking for other municipalities to get on board with them. Disasters that they would assist with is when an individual service building loses power, loses heat, loses electricity, and they would have a contingency plan that was not relying on the police department or fire department first, so that this is all done internally. Parts of it then would require ordinance memos of understanding. A second major presentation was done by Randy Blankenhorn, Executive Director of the Chicago Metropolitan Agency for Planning (CMAP). This group has to integrate regional decision making on such issues as transportation, land use, environment natural resources, housing, economic community development, and human services. We had an overview, but there is nothing that can be done now. Everyone is waiting until the elections are over and our elected officials are in place so that they know what future direction that they can take. Also on the agenda was a telecommunications infrastructure maintenance fee litigation update and, we in the Village of Niles, are part of the group that are entitled to a refund of monies that we paid due to the court settlement that has come. We will have to apply for these monies. We won’t necessarily get a one-to-one correspondence based on the pool of the money and the applicants that do also apply. At the NWMC September meeting, Trustee Preston requested that an item on the smoking ban be placed on the October agenda. She further requested that the municipalities who currently have ordinances send them to the NWMC and that staff prepare an analysis of the ordinances that have been passed and report to the Board at the October meeting. Trustee Preston also requested that the mayors of the towns that have ordinances give a summary on how they arrived at their ordinances. The NWMC did get that information from surrounding participating municipalities and they prepared a smoke-free ordinance exemptions grid by municipalities. Trustee Preston gave a copy of this to all the Board members. The NWMC also has copies of all of those ordinances that have been passed by those municipalities. Schaumburg Mayor Larson is more or less the chair of a group of municipalities out northwest including Hoffman Estates, Palatine, Arlington Heights, and Schaumburg who have worked together as a group to come up with a common ordinance for those municipalities, so that when you cross the street from one municipality to 3  October 24, 2006 another that the smoking regulations are not traumatically different and are not impinging on the businesses dramatically, so that there is more of a balance. We know that we will be preparing a smoking ordinance for this Board to consider, and Trustee Preston would like for the Board to meet as a committee of the whole for a pre-Board meeting to discuss this information and other information that will be gotten from the NWMC in the near future so that we can make a suggestion as a group as to what we see as an ordinance that we will pass in the beginning of 2007. This concluded Trustee Preston’s report. OLD BUSINESS: Plat of Resubdivision for President Blase asked Chuck Ostman to explain this 8536 Greenwood request. Mr. Ostman stated that this was a standard resubdivision. It is a single family home on a particular parcel right now and they need to record it as a lot of record so they can construct a new single family home. President Blase asked if it was an R-2 single family residence district, and Mr. Ostman confirmed that it was. Motion was made by Trustee Murphy, and seconded by Trustee Biederman, to adopt the Ordinance which approves the Plat of Resubdivision for 8536 Greenwood. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. NEW BUSINESS: Howard Street Jurisdictional Trustee Preston stated that at the November 2000 Transfer Village Board meeting, the Village passed a Street Improvement Resolution for the improvement of Howard Street from the Edens Expressway to New Gross Point Road. This resolution provided for the jurisdictional transfer of a portion of the road to the Village once Cook County improved Howard Street. Subsequently in April 2006, the Village passed an agreement accepting the portion of Howard Street in Niles. The jurisdictional transfer also requires passage of a municipal ordinance, thus an ordinance accepting the southern half of Howard Street from New Gross Point Road to Central Avenue is before the Board. The Village of Skokie would be responsible for the northern half of Howard Street. 4  October 24, 2006 Motion was made by Trustee Preston, and seconded by Trustee Bondi, to adopt the ordinance accepting the southern half of Howard Street from New Gross Point Road to Central Avenue to the Municipal street system. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Amendment to Chapter 96 Trustee Murphy stated that Village Board approval Telecommunications is necessary for an ordinance amending Chapter 96 Telecommunications, Article II Construction of Utility Facilities in Public Rights-of-Way. This amendment to the Telecommunications Ordinance will safeguard the public health, safety, and the welfare of citizens of the Village of Niles by establishing an ordinance that provides for reasonable and adequate regulation of ground mounted utility installations, having dimensions of more than 36 inches in height, 24 inches in length, and 12 inches in width. Trustee Murphy made a motion, seconded by Trustee Callero, to adopt the ordinance Amending Chapter 96 Telecommunications, Article II Construction of Utility Facilities in Public Rights- of-Way. There is no budget impact. On roll call, the vote was: AYES : 5 Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSTAIN : 1 Biederman ABSENT : 0 There being 5 affirmative votes, the MOTION CARRIED. Amendment to Zoning Trustee Callero stated that this is a request for Ordinance Making Ground approval of an ordinance Amending the Zoning Mounted Installations a Ordinance Making the Ground Mounted Utility Special Use in all Zoning Installations a Special Use in all Zoning Districts. Districts This will safeguard the public health, safety, and welfare of the citizens of Niles by establishing a Special Use Ordinance. Trustee Callero defined “Ground Mounted Utility Installations” as any utility fixture, cabinet, box, structure, device or appurtenance, including those related to video transmissions, which is powered by stand alone or integrated electric service, having dimensions of more than 36 inches in height, 24 inches in length, and 12 inches in width. This is exactly what we just approved in the last item. 5  October 24, 2006 Motion was made by Trustee Callero, and seconded by Trustee Bondi, to adopt the Ordinance Amending the Zoning Ordinance Making Ground Mounted Installations a Special Use in all Zoning Districts. On roll call, the vote was: AYES : 5 Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSTAIN : 1 Biederman ABSENT : 0 There being 5 affirmative votes, the MOTION CARRIED. Vacant Building Maintenance Trustee Biederman stated that this ordinance adds Permit Program Section 18-114 Vacant Building Maintenance Permit to allow the Village to monitor vacant buildings in order to protect the health and safety of residents of the Village of Niles. Trustee Biederman thanked Chuck Ostman and his staff in Community Development for helping her put together this ordinance. Trustee Przybylo asked Trustee Biederman to explain this new ordinance a little more. Trustee Biederman stated that basically there have been some concerns that there are vacant residents’ properties for many, many years being abandoned. For the health and safety, such as for our Police and Fire, this is now going to be monitored through Community Development. Residents will now have to request a permit for vacant houses, so that we are aware that the house is vacant and we can then monitor the maintenance of it, so there is not a problem. Trustee Przybylo asked how many houses are vacant. Trustee Biederman responded that right now she knows of four. Chuck Ostman added that we do have 11 vacant homes. Trustee Biederman stated that it is becoming more of an issue within this community. Trustee Callero wanted to confirm that this ordinance excludes property under a listing agreement with a real estate agent. Trustee Biederman said yes it did. Motion was made by Trustee Biederman, and seconded by Trustee Preston, to adopt this ordinance as an amendment to Chapter 18, Building and Building Regulations Establishing a Vacant Building Maintenance Permit. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. 6  October 24, 2006 Flexible Benefits Plan - Trustee Murphy stated that at the July 2006 Board IMRF Earnings meeting, the Board of Trustees approved a Section 125 Flexible Benefits Plan for eligible Village of Niles employees. Contributions made to these funds are pre-tax and not included in the gross salary earnings of the employee. This Resolution allows the Village to include any contributions made to the Section 125 Flexible Benefits Plan as Illinois Municipal Retirement Fund (IMRF) earnings. Eligible IMRF members can take advantage of the tax benefits of the 125 Flexible Benefit Plan without jeopardizing their IMRF benefits. Motion was made by Trustee Murphy, and seconded by Trustee Callero, to adopt the Resolution to Include Compensation Paid under an Internal Revenue Code Section 125 Plan as IMRF Earnings. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Bid Award for 2006 Vibratory Trustee Przybylo asked for additional explanation Asphalt Compactor and Flooring of the two bid award items. Police Chief Dean Improvements at Police Strzelecki explained that there was a water leak in the lock-up area at Police and the water started to drip into the computer room. Chief Strzelecki stated that we need to get the flooring waterproofed so, if this happens again, the computer room would be protected. Scott Jochim, Director of Public Services, explained that the Vibratory Asphalt Compactor is an asphalt roller. After Public Services puts the asphalt down, then they compact it into the street so it doesn’t move all over. Our roller has broken down the last two summers and because it’s so old, we were forced to rent a roller at $500 per week because you can’t get parts for it. This is a budgeted item. Bids for each item were as follows: 2006 Vibratory Asphalt Compactor – West Side Tractor Sales $32,900.00 Patten Industries $32,688.00 Flooring Improvements in the Lock-up Area at the Police Department – Concrete Coatings of Illinois $19,676.00 Motion was made by Trustee Przybylo, and seconded by Trustee Preston, to accept the low bid for the 2006 Vibratory Asphalt Compactor from Patten Industries for $32,688.00; and the low bid for the flooring improvements in the lock-up area at the 7  October 24, 2006 Police Department to Concrete Coatings of Illinois for $19,676.00. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. PETITIONS FOR REFERRAL: President Blase listed the following Petitions for Referral and stated that the application fees have been paid: 06-ZP-26 Charles Ostman Text Amendment – Condominium Conversions 06-ZP-27 Emily Baldwin Open a payday lender at 5942 W. Touhy 06-ZP-29 Charles Ostman Text Amendment – Definition of New Construction Motion was made by Trustee Bondi, seconded by Trustee Callero, to refer the above Zoning Petitions to the Zoning Board. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. FINANCIAL REPORT: Trustee Callero stated that the Accounts Payable for September , 2006 the month of September, 2006 were $4,863,205.92. The ending cash balance as of September 30, 2006, was $34,692,295.17. Trustee Callero made a motion, seconded by Trustee Murphy, that the Accounts Payable for the month of September 2006 be approved for payment and the Treasurer's Report filed for audit. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. President Blase asked if there was anything from the floor. 8  October 24, 2006 Bob Truty Niles resident Bob Truty stated that he has lived at 7515 Lawler Street for 24 years He is very concerned about the size of the homes being built in this neighborhood, especially the 6-bedroom house across the street. He questioned whether he has recourse if something is going to be built next door to him, and does he have any way of saying that he does not want that next door to him? President Blase asked Chuck Ostman, Director of Community Development, to explain basically what the rules are in reference to the Zoning approval process. Mr. Ostman explained that over the last three years we have reduced the floor area ratio, bringing down the size of the homes in the Village of Niles to .525 (that’s the relationship of the total square footage of the house to the lot itself). Trustee Murphy added that if you look at the villages in this general area, our .525 ratio is probably on the low side. Trustee Murphy explained that we also have our setbacks, both front and rear and side and that residents are protected within the framework of laws that already exist. Trustee Murphy also advised Mr. Truty that he could go to the Community Development Department and find out if the new houses conform with the floor area ratio and to the setbacks. Those are written in the Village of Niles’ laws. In regard to contractors, Mr. Truty asked if we require workman’s compensation insurance for contractors working in Niles. Mr. Ostman answered by stating that we do not require proof of insurance, neither do a lot of other communities. President Blase asked Chuck Ostman to look into this. President Blase then asked if there was anything else from the floor. Albert Schafer Albert Schafer, 8260 Monroe, a new Niles resident, wanted to bring the Village’s attention to a misspelled cemetery entrance sign going south on Milwaukee Avenue at St. Adalbert’s Cemetery. Scott Jochim, Director of Public Services, said he would take a look at it. Mr. Schafer also expressed concern regarding increased traffic problems in the neighborhood due to construction on Prospect off of Oakton. President Blase thanked both residents for their comments. The Board adjourned into Executive Session at 8:45 P.M. They returned into Regular Session at 10:04 P.M. 9  October 24, 2006 ADJOURNMENT There being no further business to come before the Board, motion to adjourn was made by Trustee Przybylo, and seconded by Trustee Murphy. On roll call, all concurred. The meeting adjourned at 10:05 P.M. __________________________ _____________________________________ Village Clerk Village President 10