Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES November 27, 2007 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, Callero, LoVerde, Murphy and Preston. Trustee Przybylo joined the meeting at 8:04 p.m. right after roll was called. APPROVAL OF MINUTES Regular Board Meeting Trustee Callero made a motion, seconded by Trustee October 23, 2007 Biederman, to approve the minutes of the October 23, 2007, Board meeting, as submitted. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. PRESENTATIONS Police Chief Dean Strzelecki presented Niles Police Department Commendations to Officer John Gaba and Officer Marijo Zawilla and K-9 Odin for their efforts in apprehending a robbery suspect including recovery of the victim’s property on September 21, 2007. Niles Police Department Distinguished Duty Declarations were also awarded to Commander Joseph Penze, Officer Jonathan Galas, Community Service Officer Basil Rigas, Officer Joseph Romano & K-9 Max, Officer Jerry Walczak, and Sergeant Vincenzo Genualdi for locating, pursuing, and apprehending two burglary offenders on August 1, 2007. PROCLAMATIONS President Blase announced proclamations for: • Protecting Children from Media Violence • National Drunk and Drugged Driving (3D) Prevention Month – December 2007 • Chinese New Year Spectacular – January 25-26, 2008 TRUSTEE REPORTS Trustee Preston reported that on November 14, 2007, George R. Van Geem attended as Alternate Director to both the Solid Waste Agency of Northern Cook County (SWANCC) and the Northwest Municipal Conference (NWMC) meetings. The highlight of the NWMC meeting was the presentation on the Greenest Region Compact of Metropolitan Chicago by the Caucus Director of Environmental Issues – there was much discussion but no  November 27, 2007 vote taken. Trustee Preston also reported on ongoing discussions about the August 23rd storm restoration, current legislative review and the status of transportation for the six-county area which is still being acted upon in Springfield regarding funding for Pace, CTA, and the Metra. OLD BUSINESS Special Use for Dish Type President Blase stated that this request is for a Special Antennas Use for 7720 Lehigh Avenue. Community Development 7720 Lehigh Avenue Director, Chuck Ostman, explained that this is a request 07-ZP-23 for placement of three microwave dishes on the existing tower in an industrial area on Lehigh just north of Touhy. President Blase asked if there is any financial benefit from this for the Village and Mr. Ostman explained that there is not since this is privately owned. Trustee LoVerde questioned whether our code covers the fact that RF analysis may be reimbursable to the local government per a letter from Stu Chapman from Municipal Services Associates. Mr. Chapman explained that the Village can have a radio frequency analysis performed once the antennas are installed, it doesn’t necessarily have to relate back to the planning code. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 to adopt the ordinance which approves a Special Use for Dish Type Antennas at 7720 Lehigh Avenue. There being 6 affirmative votes, the MOTION CARRIED. Plat of Subdivision for President Blase asked if this subdivision at 8135 and Kozik-Moniek’s Subdivision 8137 Davis Street is one lot divided into two. Chuck 8135 and 8137 Davis Street Ostman stated that this is two lots divided into three. 07-ZP-25 These are R-1 60 ft. wide lots. Trustee Murphy made a motion, seconded by Trustee Preston, to adopt the ordinance which approves the Plat of Subdivision for Kozik-Moniek’s Subdivision at 8135 and 8137 Davis Street . On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Annexing by Agreement Two President Blase stated that this is the annexation of the Parcels of Property Known as corner of Washington Street and Golf Road which brings 8001 Golf Road and 9544 us to the corner completely, so that if we want to take any Washington Street action in the future regarding any possible annexation 07-ZP-26 north of that we could. 2  November 27, 2007 Trustee LoVerde made a motion, seconded by Trustee Preston, to adopt the ordinance which approves the annexation agreement and annexation of 8001 Golf Road and 9544 Washington Street. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. After the vote was taken, there was a question from the audience as to whether this was a public hearing and could they comment. President Blase stated that this was not a public hearing but there is a comment period at the end of the meeting. Rezoning 8001 Golf Road President Blase asked Village Attorney Joseph Annunzio and 9544 Washington Street to explain this ordinance. Mr. Annunzio stated that this 07-ZP-26 changes the zoning of this newly annexed property from R- 1 single family to B-1 retail for a bank. President Blase stated that this was unanimously approved by the Plan Commission and Zoning Board of Appeals. Trustee Callero made a motion, seconded by Trustee Biederman, to adopt the ordinance approving rezoning of 8001 Golf Road and 9544 Washington Street to B-1. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. At this point, there were questions from residents of Washington Court regarding the 20-year annexation agreement and the contract on the billboard on the property. Attorney Dan Shapiro, who was present on behalf of Fifth Third Bank, explained that the annexation is forever but the agreement itself is limited to 20 years pursuant to State Statute. Attorney Shapiro addressed the billboard issue and explained that they have drafted into the annexation agreement that the owner and developer, who he represents, will not increase the intensity of the billboard from its current state. Special Use for Full Service President Blase stated that this is a request for approval Banking Facility with for a B-1 Special Use to construct and operate a full service Drive-Thru at 8001 Golf Road banking facility with a drive-thru. Trustee Przybylo and 9544 Washington Street questioned whether there was a public forum for these 07-ZP-26 concerned residents to voice their opinion and asked if the Plan Commission and Zoning Board of Appeals recommended these proposals. President Blase stated that there were public hearings on this annexation and the Plan Commission unanimously approved these proposals. Trustee LoVerde asked Attorney Shapiro if they would incorporate the recommendations of the traffic analysis in 3  November 27, 2007 their final revised plans. Attorney Shapiro stated that they would and that at the last hearing it was recommended that they also incorporate a “no left turn out” onto Golf Road and they have included that as well. There was additional discussion on the term of the billboard and President Blase stated that, as a Village, we have no way of interrupting the process of keeping the billboard up if the landlord wants it. Trustee Callero made a motion, seconded by Trustee LoVerde, to adopt the ordinance which approves a Special Use for a full service banking facility with drive-thru at 8001 Golf Road and 9544 Washington Street. On roll call, the vote was: AYES : 5 Biederman, Callero, LoVerde, Murphy and Preston NAYS : 1 Przybylo ABSENT : 0 There being 5 affirmative votes, the MOTION CARRIED. NEW BUSINESS No Parking Signs on Scott Jochim, Director of Public Services, stated that Gross Point Road in order to provide proper lines of sight for motorists at the intersection of Gross Point Road and Melvina Avenue, the Engineering Department recommends “No Parking” signs be installed along the south side of Gross Point Road from the western edge of Melvina Avenue to a point 135 feet southwest. Trustee LoVerde made a motion, seconded by Trustee Callero, to adopt the ordinance for the installation of two “No Parking” signs on the south side of Gross Point Road from the western edge of Melvina Avenue. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. 2007 General Obligation Trustee Callero stated that this ordinance authorizes the Refunding Bonds Village staff to proceed with the refunding of $10 million of the 1997 (Civic Center Construction Bonds) Village debt if certain conditions were met. The interest rates have changed and we have an opportunity to exchange the bonds for lesser interest rates, which are very competitive at 3.2%. This will be a savings of approximately $60,000 in issuance costs because it will be a private placement and there will also be a savings of approximately $500,000 over the remaining years of the issues. Trustee Callero made a motion, seconded by Trustee Preston, to adopt the ordinance authorizing the Village staff to proceed with the process of refunding $10 million of our 1997 Debt Service. On roll call, the vote was: 4  November 27, 2007 AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Minutes to Closed Meetings Trustee Przybylo stated that pursuant to the Open Meetings Act, this ordinance determines that the March 27, 2007, closed meeting minutes now be made public. . Trustee Przybylo made a motion, seconded by Trustee Biederman, to adopt the ordinance that makes the determination that the minutes for closed meetings shall become public. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Chapter 96 Trustee Preston stated that the next three agenda items all Telecommunications have to do with the new Telecommunications Act and Article II. Construction of all of these ordinances are required and were drawn up by Utility Facilities in the the Illinois Municipal League so that all of the municipal- Public Rights-of-Way ities in the State of Illinois could have common ordinances through which any of the telecommunications groups must then give uniform service. This ordinance amends Chapter 96 Telecommunications Article II. Construction of Utility Facilities in the Public Rights of Way. Trustee Preston made a motion, seconded by Trustee Callero, to adopt the ordinance amending Chapter 96 Telecommunications Article II. Construction of Utility Facilities in the Public Rights of Way. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Chapter 96 Trustee Preston stated that Chapter 96 Telecommunications Telecommunications Repeal Division 2. Customer Service Standards is being repealed and Replace Division 2 with and replaced with Division 2. Cable and Video Customer Cable and Video Customer Protection Law. This replacement is pursuant to the Cable Protection Law and Video Customer Service Law 220 ILCS 5/70-501 authorizing the Village to enforce all of the customer service and primary protection standards. Trustee Preston made a motion, seconded by Trustee Callero, to adopt the ordinance amending Chapter 96 Telecommunications by repealing Division 2. Customer Service Standards and replacing it with Division 2. Cable and Video Customer Protection Law. On roll call, the vote was: 5  November 27, 2007 AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Chapter 96 Trustee Preston stated that Chapter 96 Telecommunications Telecommunications Add shall be amended by the addition of Division 3. Cable/Video Service Provider Cable/Video Service Provider Fee and PEG Access and PEG Access Support Fee Support Fee. With this ordinance, the Village will be able to generate revenues sufficient to create a Public, Education, and Government (PEG) access channel for the Village of Niles residents. Trustee Preston made a motion, seconded by Trustee Callero, to adopt the ordinance amending Chapter 96 Telecommunications by adding Division 3. Cable/Video Service Provider Fee and PEG Access Support Fee. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Chapter 6 Alcoholic President Blase stated that this amendment to the Liquor Beverages Add Section 6-77 Ordinance does two things: first, it calls for a penalty if Responsibility of Patrons anyone going into a catering operation or any kind of a bar and brings in their own liquor, which is not allowable; and secondly, any adult who gives liquor to a minor while in a catering operation, etc. there is a penalty connected with that too. These two items are not presently covered under our ordinances. Trustee LoVerde made a motion, seconded by Trustee Biederman, to adopt the ordinance amending Chapter 6 Alcoholic Beverages by adding Section 6-77 Responsibility of Patrons under Article III Retail Liquor Business. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Proposing the Establishment of Trustee Biederman stated that this ordinance proposes the Special Service Area #2008-1 in establishment of a Special Service Area (SSA) in the the Village of Niles Village of Niles and provides for a Public Hearing and other procedures in connection therewith. This SSA will provide a financing mechanism for improvements to a private street (Wood River Drive) in the Village of Niles. Funding for this project will be done in the 2008/2009 Village budget and approval will be considered at the January 22, 2008, Village Board Meeting. 6  November 27, 2007 Trustee Biederman made a motion, seconded by Trustee Preston, to adopt the ordinance proposing the establishment of Special Service Area #2008-1 in the Village of Niles and providing for a Public Hearing and other procedures in connection therewith. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Approval of Repairs to Public Trustee LoVerde stated that this is a request from the Works Salt Dome Director of Public Services, Scott Jochim, to replace the existing entrance of our dome. The dome is 24 years old and the framing in the entrance is deteriorated and consideration should be given in the near future to replace the roof. Trustee LoVerde stated that the dome adequately handles the needs of our community and that a conveyor system should also be considered at the time a new roof is planned. This is a budgeted item. Trustee Callero asked Mr. Jochim approximately how long the existing structure will last. Mr. Jochim responded that if within the next year or so we get it reroofed and replace a couple of panels, it could last another 15 years. Approximately $44,000 is being requested to repair the entranceway and the other repairs mentioned would cost an additional $20,000. Trustee Callero stated that if we can get 10-15 years out of it, and a new one would cost approximately $150,000, we definitely should do the repair work. Trustee LoVerde made a motion, seconded Trustee Callero, to authorize approval of repairs to the Public Works Salt Dome in the amount of $43,980.00 by Dome Corporation of North America. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Bid Out Replacement of Trustee LoVerde stated that the Public Services Public Services Vehicles Department has requested authorization to go out to bid to replace two vehicles scheduled for replacement in the current budget. Both of these vehicles have exceeded their planned usage by three years. Trustee LoVerde made a motion, seconded by Trustee Callero, to grant authorization to go out to bid for two Public Services vehicles. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. 7  November 27, 2007 Renewal of CityView Trustee Przybylo stated that this is a request from the MIS Software License Department to renew the CityView Software License used by our Community Development Department. This is a budgeted item in the amount of $12,500, the same price as last year. Trustee Przybylo made a motion, seconded by Trustee LoVerde, to approve renewal of the CityView Software License. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Renewal of Contract with Trustee Murphy stated that this is a request from Finance to Custard Claims Management for authorize the renewal of the contract with Custard Claims General Claims Administration Management for the general claims administration. The term is January 1, 2008, to December 31, 2008. The service levels have been excellent during the expiring contract. Scot Neukirch, Finance Director, stated that this is a flat fee of $30,300 and is the same amount as the 2007 contract. Trustee Murphy made a motion, seconded by Trustee Preston, to authorize renewal of the contract with Custard Claims Management for 2008 general claims administration in the amount of $30,300. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Renewal of Contract with Trustee Murphy stated that this is a request from Finance to Custard Claims Management for authorize the renewal of the contract with Custard Claims Workers’ Compensation Claims Management for Workers’ Compensation Claims Administration Administration. The term is January 1, 2008, to December 31, 2008. The service levels have been excellent during the expiring contract. The fees are the same as the 2007 contract at $300 per claim. Custard estimates 40 claims per year, so the budget impact is estimated to be $12,000. Scot Neukirch stated that this total will fluctuate depending on the amount of claims. Trustee Murphy made a motion, seconded by Trustee Preston, to authorize renewal of the contract with Custard Claims Management for 2008 workers’ compensation claims administration as presented. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 8  November 27, 2007 There being 6 affirmative votes, the MOTION CARRIED. Approval for RFP for Trustee Biederman stated that Village staff is seeking Collection of Commercial Board approval to circulate a Request for Proposals (RFP) Refuse and Recycling to qualified area refuse haulers for the collection of commercial refuse and recycling. A recent survey of businesses estimates that businesses will save on average between 30 and 40 percent on collection. This is in addition to stabilized/predictable pricing, recycling, improved service/control, and reduced traffic/wear and tear on streets. Proposals returned will then be evaluated to include their cost, past performance, and capacity to provide this service. SWANCC will work with staff to negotiate with the best qualified hauler and develop a franchise agreement to be considered by the Village Board. Trustee Preston added that this is part of SWANCC’s assistance to those Villages who belong to SWANCC. Trustee Biederman made a motion, seconded by Trustee Preston, to approve this Request for Proposals for the collection of commercial refuse and recycling. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Class 6(b) Tax Classification Trustee Callero stated that a 6(b) classification tax incentive to Bee Sales Company has been requested by the property owner of Bee Sales Company. The County requires that the host municipality (Niles) indicate a support of the request. Class 6(b) gives tax relief of the new remodeling that is going to be done of the current vacant space within this building. It will not give any relief to the old building or the main building before remodeling. That will always remain the same. However, the remodeling improvements will get a 10-year assessment reduced to 16 percent, on the 11th year 23 percent, and the 12th year 30 percent. The normal assessment is 36 percent. This does not hurt us tax-wise. Trustee Callero made a motion, seconded by Trustee LoVerde, to approve a Class 6(b) tax classification to Bee Sales Company. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Bid Award to Gallagher Trustee Callero stated that this is a request for renewal of Insurance for Excess Property, the excess property, liability and workers’ compensation Liability and Workers’ coverage through Gallagher Insurance. This is a budgeted Compensation Coverage item and the quote for this year, including Gallagher’s fees, is $602,028.00, approximately $18,000 less than last year. 9  November 27, 2007 Trustee Callero made a motion, seconded by Trustee Biederman, to authorize renewal of the excess property, liability and workers’ compensation contract with Gallagher Insurance. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. PETITIONS FOR REFERRAL President Blase stated there are four Petitions for Referral to the Plan Commission and Zoning Board of Appeals and the application fees, where applicable, have been paid: 07-ZP-27 Alexander K. Novak Special Use to Add Three Antennas to Existing Monopole Tower at 7007 Austin Ave. 07-ZP-28 Ted Pacyniak, Architect Requesting a Variation to Reduce Front Yard Setback at 7438 Kirk 07-ZP-29 Barry Mueller Requesting Approval of Muellers’ Five Resubdivision 8250 Oriole 07-ZP-30 Barry Mueller Requesting Approval of Smith’s Resubdivision 6914 Jarvis Trustee Preston made a motion, seconded by Trustee LoVerde, to refer the Zoning Petitions to the Zoning Board. On roll call, the vote was: AYES : 6 Biederman, Callero, LoVerde, 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 the month of October 2007 were $4,771,237.96. The ending cash balance as of October 31, 2007, was $33,879,337.36. Trustee Callero made a motion, seconded by Trustee Murphy, that the Accounts Payable for the month of October 2007 be approved for payment and the Treasurer’s Report filed for audit. On roll call, the vote was: 10  November 27, 2007 AYES : 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. President Blase stated that this concluded the business of the Board and addressed the residents who were concerned earlier in the meeting with the annexation of property. The main concern seemed to be the big billboard and President Blase said that he had discussed this issue with Chuck Ostman previously and that before we allow anything in terms of building permits, etc. he wants to make sure that we have a consensus of opinion about the questions and concerns that the residents have are included in some kind of agreement. Mr. Ostman agreed that this would be done before we issue building permits. President Blase then invited the audience to address the Board. Iona Harris, Washington Court Iona Harris from Washington Court thanked Mr. Ostman for meeting with them before the Board meeting, for his patience and also for explaining many things to them. Ms. Harris wanted to confirm that the intensity of the billboard will not increase, as they discussed. Mr. Ostman agreed that that there will be no increased lighting, any type of videos or LCDs and that this is set out in the annexation agreement. Ms. Harris stated that one of their main concerns were about the traffic and exits from the bank. Chuck Ostman addressed the driveway issues. President Blase stated that Washington Court has always been a special place for us and we have worked very hard to make things very pleasant for everyone living there. He and the Board are very concerned and want to make sure we don’t create any inconveniences for them as we move through this project. President Blase suggested that Chuck Ostman meet with the Washington Court umbrella association representative regarding their concerns. Mr. Ostman will make sure that they stay constantly in touch with what is going on in that area. Trustee Preston volunteered her time to meet with the association representative and Mr. Ostman. ADJOURNMENT There being no further business to come before the Board, motion to adjourn was made by Trustee Callero and seconded by Trustee Biederman. On roll call, all concurred. The meeting adjourned at 8:50 p.m. ___________________________ ____________________________________ Village Clerk Village President 11