Board of Trustees Meetings

BOARD OF TRUSTEES, VILLAGE OF NILES November 28, 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 8:00 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 October 24, 2006 Callero, to approve the minutes of the October 24, 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: Fire & Police Departments Police Chief Dean Strzelecki stated that on Sergeant Carl Kully November 10, 2006, Sergeant Kully, along with Officer Alec Laule Officers Laule and Panousieres, responded to a Officer Deno Panousieres house fire at 7125 Keeney. Upon their arrival, they noticed smoke emitting from the home. They were alerted to the fact that someone was in the home. After Sergeant Kully kicked open the door they heard screams for help from the bedroom. The three officers, with total disregard for their own safety, entered the home and located the disabled victim. They placed her in a wheelchair and removed her from the house into safety. These officers are to receive the Chief’s Award of Valor for exemplary action in the highest tradition of police service. The officers were presented with certificates. Fire Chief Barry Mueller reminded everyone that as of January 1, 2007, a new Carbon Monoxide Detection Act will be in effect. It requires any occupancy to have a carbon monoxide detector within 15 feet of any sleeping room. He displayed some samples and said they look similar to smoke detectors. They can be purchased at various stores including Home Depot. As long as they are “UL Listed”, they are acceptable. They need to be battery powered. He urged everyone to install them by January 1, 2007, for their own safety.  November 28, 2006 Cook County Sheriff’s Youth Trustee Biederman stated that on behalf of the Mayor Service Medal of Honor and Board of Trustees she wanted to recognize three Barbara Galassi individuals who are the recipients of the Cook County Eric Neuhengen Sheriff’s Youth Service Medal of Honor Award. This Daniel Wiechec award is given to residents of Cook County, grades 9 through 12, who have provided meaningful volunteer service to their community. A minimum of 100 hours of volunteer community service is required to have qualified for this award. Trustee Biederman said it was her pleasure to announce the three winners from the Village of Niles: Barbara Galassi, Eric Neuhengen and Daniel Wiechec. She asked them to step forward. Trustee Biederman said that Daniel and Barbara received the award for their efforts of sending 25 care packages to soldiers stationed in Iraq. They launched the project last November in an effort to achieve scouting’s highest honors - the Boy Scout’s Eagle Award and the Girl Scout’s Gold Award. Daniel feels that in helping the troops he knows that he has helped people who are defending our freedom and protecting us in our ideals of the United States. He said he has gained much appreciation and joy in helping others. Barbara feels that regardless of the fact that she is a teenager, if you get the word out, people will listen and respond. She learned that she is capable of doing many things from publicizing to talking to companies. Trustee Biederman said that Eric feels that his community service project of painting 468 fire hydrant safety zones in the Village of Niles has helped many different people. The painting of these zones required a total of 720 hours of work by him and other volunteers that he organized from both the scouting program and other organizations. This project helped the residents of Niles because the yellow area clearly identifies where they should or should not park. Eric said that through this project he has learned how to work with all types of people, time management skills, and how to take on responsibility. Trustee Biederman congratulated Barbara, Eric, and Daniel on their awards and said she truly believed that one can make a difference in the world through community service. PROCLAMATIONS: President Blase stated that the following Proclamation was on the agenda: Autism Awareness Month November, 2006 Whereas, Niles is a community of compassion and dedication to being a wonderful place to live and raise a family; and Whereas, every family faces challenges that require faith, love and hope; and Whereas, autism affects over one million Americans including persons within our Niles family; and 2  November 28, 2006 Whereas, it is known that with proper education, training and community living options, individuals with autism can lead distinguished, productive lives in their communities and strive to reach their fullest potential; and Whereas, autism is one of the fastest growing developmental disabilities in the world; and Whereas, the annual cost of such disabilities grows into the billions of dollars; yet service options lag far behind the needs of those who are most affected; and Whereas, our community supports an increased awareness of this challenging disability and fair funding for research and services for those in need; and Whereas, we, as a community, seek compassion for those families facing this challenge; and Whereas, Niles would like to commend Robert and Sandy Waters for their radio show “The Candy Store” named after their beautiful six year old red- haired daughter Candace, who has autism; and Whereas, they bring vital information to the community and other parents who have a child with autism and other disabilities; and Whereas, we would like to further honor Robert and Sandy Waters for writing a song titled, “Faith, Love and Hope” for their daughter Candace, which has increased autism awareness and compassion around the world; Now, therefore, I, Nicholas B. Blase, Mayor of the Village of Niles, do hereby proclaim the month of November, 2006 as Autism Awareness Month in the Village of Niles. TRUSTEE REPORT: Trustee Preston reported that the Northwest Municipal Conference met on November 8th. New Metra Board Chairwoman Carole R. Doris was in attendance; she introduced herself and presented some brief remarks to the Board. There was a presentation on Energy Improvement Districts (EIDs). Pareto Energy Ltd., in a partnership with the U.S. Conference of Mayors, have developed EIDs which use municipal bonds to plan, finance, and install small on-site fuel cell power plants for the efficient, reliable and lower cost delivery of power. EIDs also provide energy conservation measures and optimal power use in a micro grid. The Village of Northbrook had a representative in attendance who mentioned that they currently have a wind power program which provides part of their energy. 3  November 28, 2006 The Northwest Municipal Conference will have a joint meeting on December 13th with the DuPage Mayors and Managers Conference at the new Schaumburg Renaissance Hotel and Convention Center. Senator Barach Obama and Senator Richard Durbin have been invited to the meeting to address issues of mutual concern. Regarding smoking ordinances, the Village of Arlington Heights, like its surrounding neighbors, has banned all smoking except at the Off-Track Betting facility at the Arlington Park Race Track. The Mayors Caucus requested that each of the member councils of government appoint their representatives to the MMC Executive Board. President Hartstein and Mayor Van Dusen were appointed to represent the Conference. The members received a 2006 Legislative Year in Review packet concerning all of the issues that the Northwest Municipal Conference targeted and what happened with that legislation. This concluded Trustee Preston’s report. OLD BUSINESS: Condominium Conversions President Blase stated that this is a text amendment 06-ZP-26 request for condominium conversions. At present, we have very few restrictions in our ordinance regarding conversions from apartment to condominium. It was recommended by Chuck Ostman, Director of Community Development, to add some language to the ordinance which gives people some direction on how to go about this type of conversion. This is a difficult subject, because we really don’t want to endorse the idea of converting. Any apartment unit that is converted to a condo unit takes it out of the affordable housing stock, and we cannot afford to lose any of our affordable housing stock. Trustee Preston referred to the Zoning Board of Appeals minutes and said they expressed concern regarding the fact that if there is new electrical service, the service shall be buried. She said she did not see this included in the ordinance. Mr. Ostman apologized and said that he inadvertently failed to notify the attorney to include it in the ordinance. Trustee Bondi asked if there was a minimum or a maximum listed in the ordinance, like a two flat or a twelve flat. Mr. Ostman said this ordinance applies to three flats and above. There are approximately 304 pieces of property with these types of buildings on them. We have very few two flats and, in reviewing the updated ordinances of surrounding communities, they have also just included three flats and above. In total, it would affect approximately 1,200 to 1,300 units in the Village of Niles. 4  November 28, 2006 Motion was made by Trustee Murphy, and seconded by Trustee Bondi, to adopt the ordinance which amends the Niles Code of Ordinances, Chapter 34, regarding Condominium Conversions. It should be noted that this ordinance should be amended to include a letter “M” in Section 34-105, as follows: “if new electric service is required, the electric service shall be buried”. On roll call, the vote was: AYES : 5 Biederman, Bondi, Callero, Murphy, and Preston NAYS : 0 ABSTAIN : 1 Przybylo ABSENT : 0 There being 5 affirmative votes and 1 abstention, the MOTION CARRIED. Pay Day Loan Center at President Blase stated that this is a request to 5942 W. Touhy operate a pay day loan center at 5942 W. Touhy. 06-ZP-27 This was approved unanimously by the Planning Commission. He asked the petitioner to step forward. Mr. Ostman explained that the location of this center is on Touhy Avenue, just west of the railroad tracks at Lehigh, and next to the Fifth-Third Bank. President Blase asked how many of these types of operations we have in Niles. Mr. Ostman responded that if this was approved it would be the second one in the Village. The petitioner, Todd Baumrauck, Division Director of Operations in the Chicagoland area, introduced himself. He explained that they supply the financial needs of their consumers for short-term loans. President Blase asked if there was a limit on their interest rates. Mr. Baumrack advised that the rates were limited by the State Statutes. He said right now they do a five payment, five month loan at 633% over five months. This would be approximately $15.50 per hundred. President Blase commented that he was expressing a personal opinion by saying that he felt this was a necessary type of business because people, at times, just need this type of loan. At the same time, he feels the system is rotten and people are paying too much money to borrow money. Trustee Callero asked the petitioner if their company had other such stores. Mr. Baumrauck said that in the Chicagoland area they have 20, and in the Illinois area there are a total of 64. Trustee Callero asked, on the average, what percentage of people pay the loan back on the first pay day? Mr. Baumrauck said that if it is a pay day loan, usually 5  November 28, 2006 about 85% and there is a 15% delinquency charge. With the installment loan, which they just instituted, the pay back is probably a little bit higher. Trustee Murphy asked why they chose Niles for this operation. Mr. Baumrauck said that they have a real estate department that goes throughout the state looking for the demographics and geographics for their locations. They look for the population density, average income, and the needs of the community. Trustee Preston referred to the Zoning Board minutes that they had a store in Berwyn and Elmwood Park. Mr. Baumrauck said yes, and there are also stores in Mundelein, McHenry and Waukegan. Trustee Biederman asked about the customer base and Mr. Baumrauck said everyone is a potential customer. He has dealt with attorneys and doctors and the larger percentage is probably middle income to lower income. Seniors also use their service because two weeks after the first of the month they have a need because they are short on funds. Motion was made by Trustee Preston, and seconded by Trustee Callero, to adopt the ordinance which approves a special use to operate a cash advance business at 5942 Touhy Avenue. On roll call, the vote was: AYES : 5 Bondi, Callero, Murphy, Preston and Przybylo NAYS : 1 Biederman ABSENT : 0 There being 5 affirmative votes, the MOTION CARRIED. Definition of New Structure President Blase stated that this was a request for a 06-ZP-28 text amendment to add the definition of a new structure in the Code of Ordinances. Mr. Ostman explained that passing this text amendment will assist the architects, builders and homeowners planning and designing homes for 2007, to incorporate the additional limitations and requirements to residential structures that were previously identified as remodeled structures. The major change will be the requirement to meet the bulk zoning requirements on the existing foundations that are maintained for new structures. Mr. Ostman said the biggest issue that will come up is insuring that if the ceiling joists are removed by more than 25%, they will have to meet all the bulk requirements of the zoning code. Another major item we are looking at is the driveway requirement of ten feet on the side yard. There are so many homes where the driveway is only about eight feet. 6  November 28, 2006 Trustee Preston asked if this was modeled on other surrounding municipalities. Mr. Ostman said it is modeled after the Park Ridge ordinance, but has some changes that are unique to Niles. Motion was made by Trustee Callero, and seconded by Trustee Biederman, to adopt the ordinance which approves a text amendment to Chapter 18, Buildings and Building Regulations, which adds the definition of a new structure. 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: Maintenance Requirements President Blase stated that this text amendment for Parking Garage Ventilation came about because not too long ago someone parked their car in the garage of a multi-unit condominium building and left it running and two or three people died because of the fumes. He asked Mr. Ostman to explain this further. Mr. Ostman stated that the Code Enforcement Department inspected several of the garages in the condominium buildings in Niles and they found that some buildings used a timer system to operate their exhaust fans, but the timers were not working properly and, therefore, building carbon monoxide in the parking garages. In the newer buildings in town, once the carbon monoxide devices detect a certain level of carbon monoxide, it turns on the exhaust fans from the garage. They talked to the manufacturers of these systems and were told that these devices typically last seven years and then need to be replaced. This text amendment to Chapter 18, Section 435(a) will add language requiring annual maintenance on mechanical systems currently installed for enclosed parking garages to prevent any accidental build-up of carbon monoxide that could be dangerous to the occupants of the building. Trustee Biederman asked who would do the inspections. Mr. Ostman said they would be done by the condo association maintenance service and the inspection report shall be made available to the Fire Department on their annual inspections. Motion was made by Trustee Przybylo, and seconded by Trustee Preston, to adopt the ordinance which amends Chapter 18, Article XIII of the Code of Ordinances, Village of Niles, to add language 7  November 28, 2006 requiring annual maintenance on mechanical systems currently installed for enclosed parking garages to prevent any accidental build-up of carbon monoxide that could be dangerous to the occupants of the building. 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. Minutes to Closed Meetings Trustee Bondi stated that according to Illinois State Statutes, Section 2.06 of the Open Meetings Act, it is required that a determination be made for minutes to closed meetings to become public. This ordinance makes this determination. The dates of the meeting minutes being made public are: May 23, 2006, and August 22, 2006. Motion was made by Trustee Bondi, and seconded by Trustee Callero, to adopt the ordinance which makes public the minutes to the meetings of May 23, 2006, and August 22, 2006. 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. Appointment of Village Clerk Trustee Murphy stated that this Resolution names Marlene Victorine as Village Clerk effective December 30, 2006. Marlene will be replacing Marcia Jendreas who will retire December 29, 2006. Motion was made by Trustee Murphy, and seconded by Trustee Biederman, to appoint Marlene Victorine as Village Clerk effective December 30, 2006. 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. Trustee Murphy congratulated Marlene Victorine and thanked Marcia Jendreas for a job well done. 8  November 28, 2006 Bid Out Janitorial Service Trustee Biederman stated that this request is for for Village Buildings approval to go out to bid for the professional janitorial services for the Village buildings. Our contract with Crystal Maintenance will expire on January 31, 2007. We have exhausted all of our contract extensions and now need to bid out these services. Motion was made by Trustee Biederman, and seconded by Trustee Przybylo, to approve the request to bid out for professional janitorial services for the Village buildings. 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. Software Maintenance Trustee Preston stated that the MIS Department is Contract Renewal requesting Board approval to renew the CityView Software License. This software is used by the Community Development Department to manage business licenses, permits, parcels, inspections, contractors, code enforcement, and planning and zoning. This agreement includes support and all upgrades to the software for the next year. The budget impact is $12,500 and it is a budgeted item. Motion was made by Trustee Preston, and seconded by Trustee Callero, to approve renewal of the CityView Software License. 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. Replacement of Main Trustee Murphy stated that the MIS Department is Computer System requesting approval of a new main computer system. Last month, Bill Shaw, MIS Director, met with the Board and described in great detail the shortcomings of our system, which has been in effect for some years. The preliminary budget for the new system was $394,950. The lowest bid for each of the different components has been compiled and the final proposal came in at $380,881.57. A summary of vendor bids on the software and hardware replacement costs was attached to the proposal. Motion was made by Trustee Murphy, and seconded by Trustee Bondi, to approve the new main computer system and accept the respective low bidders for this project. On roll call, the vote was: 9  November 28, 2006 AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Comprehensive Annual Trustee Callero stated that State Statutes require an Financial Report for the annual audit within six months of the end of the Year Ended April 30, 2006 fiscal year for all municipalities. The Board had before them a copy of the Village of Niles Comprehensive Annual Financial Report for the Fiscal Year Ended April 30, 2006, presented by Scot Neukirch, Finance Director, and the Finance Department. As a CPA, Trustee Callero has reviewed this report in detail and wanted to point out the Independent Auditor’s Report from Wolf & Company, LLP, he quoted “In our opinion, the financial statements referred to above, present fairly, in all material respects, the financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining information of the Village of Niles, Illinois at April 30, 2006.” Trustee Callero summarized that this is a “clean opinion” and it is very good. Along with this report is the Certificate of Achievement for Excellence in Financial Reporting presented by Government Finance Officers Association of the United States and Canada which was presented to the Village of Niles for the Fiscal Year Ended April 30, 2005. Trustee Callero has reviewed the report in detail and he finds it very good in all respects and he commended Finance Director Scot Neukirch, who came in during the middle and helped the auditors, the Finance Department, and George Van Geem, as he was treasurer during this period of time. Motion was made by Trustee Callero, and seconded by Trustee Biederman, to accept the Comprehensive Annual Financial Report of the Village of Niles for the Fiscal Year Ended April 30, 2006. 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 George Van Geem how many years in a row that we have received this award. Mr. Van Geem responded that it has been 28 years in a row. Trustee Callero stated that if anyone wanted to review the report, there are copies available. Scot Neukirch added that the copies are 10  November 28, 2006 at the front counter at Village Hall and at the Niles Library. Purchase of Winter Police Trustee Przybylo stated that this is a request for Uniforms approval to replace winter Police uniforms. Trustee Przybylo questioned whether this purchase is per the contract or for the rank and file police officers. Police Chief Dean Strzelecki responded that we are not under contract right now, but this is the current quartermaster system. Trustee Przybylo asked if this was as per usual, and Chief Strzelecki said it was. President Blase asked Trustee Przybylo if this purchase was from the low bidder. Trustee Przybylo said it was the low bidder of three. Trustee Preston asked for clarification on why we are buying spring jackets if these are winter uniforms. Chief Strzelecki explained that they are a three-season jacket with a liner. Some Police officers wear a turtleneck with that instead of a winter jacket when it is around 30 degrees. Motion was made by Trustee Przybylo, and seconded by Trustee Callero, to approve the purchase of winter Police uniforms from the low bidder, Kale Uniforms. 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: 07-ZP-01 Young Ran Yoon Park Special Use to operate a restaurant, and a 23% parking variation at 8257 W. Golf Road 07-ZP-02 Sinisa Crnomarkovic Variation to reduce rear yard from 40' to 22'6" at 8315 N. New England 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. 11  November 28, 2006 FINANCIAL REPORT: Trustee Callero stated that the Accounts Payable for October, 2006 the month of October, 2006 were $4,885,313.60. The ending cash balance as of October 31, 2006, was $33,683,669.61. Trustee Callero made a motion, seconded by Trustee Murphy, that the Accounts Payable for the month of October 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 announced that Super H is going to have a raffle on Sunday, December 3rd, beginning at 1:00 p.m. until 3:00 p.m. They will be drawing lucky numbers with a lot of big prizes and said anyone that was interested could go to Super H Sunday at 1:00 p.m. President Blase then asked if there was anything else from the floor. Rosemary Palicki Rosemary Palicki, 8246 Merrill, asked for clarification on the outcome of the Motion on the condo conversion. Trustee Preston explained that the Motion was approved as submitted, with her amendment which was adding letter “M” concerning burying any new electrical wiring. Ms. Palicki then asked Trustee Przybylo for an update on the work of the Committee regarding the No Smoking Ordinance. Trustee Przybylo stated that he just received the rough draft from Joe Annunzio and he and the committee will review it. President Blase added that there will be a Public Hearing on the Proposed Smoking in Public Places Ordinance either in December or January for anyone who wants to participate in it. The final draft of the ordinance will be printed and will be available at Village Hall prior to that meeting. Trustee Przybylo stated that notification of the meeting will also go out in the newspapers. ADJOURNMENT There being no further business to come before the Board, motion to adjourn was made by Trustee Murphy, and seconded by Trustee Callero. On roll call, all concurred. The meeting adjourned at 8:45 P.M. __________________________ _____________________________________ Village Clerk Village President 12