Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES August 26, 2008 8:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Village Attorney Joseph Annunzio. ROLL CALL The Regular Meeting of the Board of Trustees was called to order at 8:00 p.m. by Village Attorney Annunzio. The following trustees were present: Biederman, Callero, LoVerde, Murphy, Preston, and Przybylo. ELECTION OF ACTING Village Attorney Joseph Annunzio, the Parliamentarian for MAYOR - BOARD this meeting, announced that on August 25, 2008, Mayor PRESIDENT Nicholas B. Blase retired as President of the Board of Trustees for the Village of Niles after 47 years of service. The Illinois Municipal Code requires the Village Board of Trustees to fill the President’s position. The elected acting president will serve the remaining part of this present term at the end of which the new president will be elected by the people in April 2009. At this time, Attorney Annunzio asked one of the Trustees to entertain a motion to bring before a name for acting president. Trustee Bart Murphy made a motion endorsing Robert M. Callero for mayor for the interim term from now until April 2009. Trustee Joe LoVerde seconded the motion. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 During roll call, Trustee Preston voted “yes” and added that in true unanimity, as all political campaigns go, as the Democratic Convention will be doing this week, and the Republican Convention will be doing next week, we work together as a team. There being 6 affirmative votes, the MOTION CARRIED. Village Attorney Annunzio announced that Trustee Robert M. Callero will be the Acting President of the Board of Trustees.  August 26, 2008 Acting President Callero made the following statement: Thank you very much. As you all are aware, Nicholas Blase has retired from his position as Mayor of Niles. We all knew that this day would come sooner or later, but we hoped for later. He led the Village for 47 years as a great mayor and we are sorry to see him retire – a much well-deserved retirement. Mayor Blase, we wish you the best. But as life continues, so will this Board and all of the Village Department heads continue to lead the future of Niles. Tonight, I was elected by my fellow Trustees to be Acting Mayor/President until the expiration of the term and elections in April of next year. I also will retain my Trustee seat until my term expires in April of next year. As such, I will vote on all issues before us. However, I will not be able to break a tie. So that there will be six votes between now and April on every issue. Trustee LoVerde thanked Acting President Callero adding the following statement: I would like to take a moment to extend my sincere thanks and appreciation to Mayor Blase, his wife Faye and his family, for his 47 years of dedicated service to our community. It would be far too long to acknowledge all of his accomplishments that he has made; but he has made Niles a comfortable, safe community to live in and raise a family. What truly stands out in my mind more than all his distinguished accomplishments as Mayor was his ability to balance his political life of 47 years with his responsibility as a husband, a father, a grandfather, a great- grandfather, and good friends to so many people. We wish the Mayor and Faye a happy and healthy retirement. And I am confident that this Board of Trustees will set aside our individual political agendas and with every employee support our interim mayor Bob Callero to continue to provide the highest level of service that Niles residents are accustomed to. APPROVAL OF MINUTES Trustee LoVerde made a motion, seconded by Trustee Biederman, to approve the minutes of the July 22, 2008, Regular Board Meeting Board meeting, as submitted. July 22, 2008 Trustee Preston added the following comment concerning the minutes: When we passed the PUD concerning Assi Plaza, the Board passed it for the purpose of allowing construction and operation of a hotel, parking structure, banquet facility, family resort complex, and office building. One of the newspapers in town reported that Assi Plaza would also 2  August 26, 2008 include a bank. That was not part of the Motion at our last Board meeting, and should they want to put a bank on that property, it is a special use and they would have to come back to this Board for that approval. Trustee Preston asked Chuck Ostman, Director of Community Development, if that was correct. Mr. Ostman deferred to the Village Attorney. Attorney Annunzio asked what she was asking, were those the correct words or? Trustee Preston responded, yes, because that was what we were presented with at the meeting. She specifically asked what they were voting on and was told that we were voting on the words of the PUD and that was what had been approved - she read directly from the Zoning Petition 08-ZP-09 known as Assi Plaza. Attorney Annunzio responded that the only way he can answer that is that he would have to listen to the original transcript to see exactly what was said, because he didn’t recall what was passed. He stated that he did know that a bank was part of the PUD in that package that was given to the Board members. Trustee Preston added that she had questions during the last Board meeting and asked just exactly what we were voting on, and that was the specific language that they had. Trustee Preston deferred to the Village Clerk whether these Board minutes were verbatim, because in the past, some of the Board meetings have not been verbatim minutes. The Village Clerk Marlene Victorine replied that they are verbatim. Trustee Preston repeated that these are verbatim minutes and added that we got into a little difficulty at the Board meeting in July because we were referring to Zoning Board minutes and those were not verbatim minutes and, as is mentioned here in these minutes, she did say at that Board meeting that she had spent three hours that day reviewing the Zoning Board minutes regarding Assi Plaza and those Zoning Board minutes were not verbatim minutes. She had questioned it because she had been on the Zoning Board for six years and during that time those minutes were verbatim minutes and she relied on minutes. So, she is now calling into question, that this is what was presented to her, and that this is verbatim from what the Clerk transcribed from the minutes from last month. Acting President Callero stated that the minutes have been verified as verbatim and that the approval of the minutes was made by Trustee LoVerde, seconded by Trustee Biederman. 3  August 26, 2008 On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. SWEARING-IN BY FIRE Sam Bruno, Chairman of the Fire and Police Commission, AND POLICE COMMISSION introduced Fire and Police Commissioners Anthony Scarlati FIREFIGHTER/PARAMEDIC and Robert Berg. He explained that they are responsible for AARON M. TOWLE the hiring, discipline, termination and promotion of the officers in the Police and the Fire Department. This evening they were swearing in Firefighter/Paramedic Candidate Aaron M. Towle. Mr. Towle raised his right hand and repeated after Commissioner Bruno: I, Aaron M. Towle, having been appointed to the office of firefighter/paramedic in the Fire Department of the Village of Niles, Illinois, in the County of Cook, aforesaid, do solemnly swear or affirm that I will support the Constitution of the United States, the Constitution of the State of Illinois, the Ordinances and the laws of the Village of Niles, Illinois, and the rules and regulations of the Fire and Police Commission and Department concerned and that I will faithfully discharge the duties of the Office of Firefighter/Paramedic according to the best of my ability. PRESENTATIONS Teen Center Check to Habitat Mark Williams, Niles Teen Center Director, introduced Jeff for Humanity of Lake County Smith from Habitat for Humanity of Lake County, and read the following letter: Mr. Smith, I would like to take this opportunity to present you with a check in the amount of $170 to be used towards Habitat for Humanity’s Youth United Program. This money was raised by approximately 20 middle school and high school students who participated in the two-day car wash with the Niles Teen Center – July 12 (rained out) and July 19. The Niles Teen Center’s location at Golf Mill Shopping Center is the perfect location and atmosphere to reach out to local teenagers. We offer a welcoming and safe environment for them to spend time with friends, work on school work, play games and socialize. We provide substantive programs that keep them engaged and wanting them to come back for more. Because of 4  August 26, 2008 organizations like yours we are able to serve the needs and interests of the young adults of the Village of Niles. Again, it was a pleasure to raise funds for such a worthwhile cause, and we look forward to continuing the relationship between Habitat for Humanity of Lake County and the Niles Teen Center. It means a great deal to us and all of the teenagers who participate in our programs to be able to give back to our communities. Thank you. Mark Williams then presented a check for $170 to Mr. Smith. Lions Club Check for Rain Norbert Johnson, Lions Club President, stated that the Niles Garden Lions Club has served the community for 55 years. Some of the projects that they’ve handled over the years include eye tests and glasses, hearing tests and hearing aids, diabetes awareness, Niles food pantry, Sister Cities, Chicago Lighthouse of the Blind and many other projects too numerous to mention for the last 55 years. He stated there were three great mayors in the County of Cook in the last 50 years: Richard J. Daley, Mayor of Chicago; Don Stephens, Mayor of Rosemont; and Mayor Nicholas B. Blase of Niles – Lion Nick Blase in our opinion was the greatest mayor in the last 50 years in the County of Cook! Acting President Callero accepted the check from the Niles Lions Club to be used for the Village of Niles Community Rain Garden. He explained that the check was for $1,000 made out to the Village of Niles for the Rain Garden, which is a lot on Touhy Avenue on the north side of the street across from the baseball diamond, which has drainage for green area and it’s a way of showing that plants could be put there and you could make it ecologically sound. Everyone is invited to visit the Rain Garden. He thanked the Lions for their donation. PROCLAMATION Chamber of Commerce Week Acting President Callero announced a proclamation for September 8-12, 2008 Chamber of Commerce Week. Bob Ryan, Chamber President, stated that the Niles Chamber of Commerce and Industry was incorporated in 1971 with just a handful of members. Over the last 37 years they have grown to close to 500 members serving the commercial, professional, industrial, and civic well being of the Niles community. He thanked the Village for this opportunity. Acting President Callero stated that Chamber of Commerce Week is September 8-12 and we are very proud of our Chamber and 5  August 26, 2008 what they have done for businesses in Niles, for the people of Niles. TRUSTEE REPORTS Trustee Preston reported on an RTA hearing she attended on behalf of the Village of Niles and the Northwest Municipal Conference (NWMC). She strongly encouraged them as part of their budget process not to endanger our four major bus lines in the Village of Niles: the three Free Bus routes 411, 412 and 413 and 270 because all four of those routes in the last budget revision were scheduled to have changes in their schedules. They will have another hearing probably in late November, early December. The Solid Waste Agency of Northern Cook County (SWANCC) and the NWMC did not meet during the summer and their next meetings will both be on September 10. Through SWANCC, we had a document destruction event here on June 28, thanks to Assistant Village Manager Steve Vinezeano, who coordinated this event. OLD BUSINESS Variation to Accessory Acting President Callero stated that this is a request for a Structure variation structure at 8008 W. Oakton Street. The request is 8008 W. Oakton Street to allow 3,000 sq. ft. in area and up to 21 ft. 4 in. in height 08-ZP-08 from the maximum limits of 700 sq. ft. in area and 15 ft. in height. This was passed by the Zoning Board by a vote of 4 to 2. In reading through the minutes, it seemed like there was some discussion as to the square footage being too big. Chuck Ostman, Director of Community Services stated that this is a secluded rather large lot in the Village, and there was some concern about the overall size of 3,000 sq. ft. which was really to replace an existing structure that is very old. Mr. Ostman stated that in talking to the petitioner before this meeting, he would agree to reduce that size down to 2,200 sq. ft. if that was still a concern with this Board. Trustee Biederman asked Mr. Ostman, so let me understand, he’s going from the 3,000 down to 2,200. Mr. Ostman responded, yes, 2,200 sq. ft. if we request it. Trustee LoVerde asked the Petitioner, Stanley Harn, if this structure is being used for any type of storage rental facility or if it is for his own personal use. Mr. Harn responded this is for his own personal use, it’s residential. Trustee LoVerde referred to a memo that indicated that we can go to 2,200 sq. ft. Mr. Ostman responded, yes, if the 3,000 sq. ft. was a concern of this Board too. Trustee Przybylo questioned whether the 6  August 26, 2008 proposed 3,000 sq. ft. is on the exact same footprint as the old garage. Mr. Harn responded, no. Trustee Przybylo asked if he was moving it. Mr. Harn responded that he has an existing 3,000 sq. ft. structure that is there right now and he has enough land so he can move it back to build it, and when the new construction is completed, then he was going to move everything over from the old structure to the new structure and tear down the old structure. Trustee Przybylo confirmed, same footprint but different area. Mr. Harn said, right. Trustee Przybylo asked, and you’re not using this for commercial use? Mr. Harn answered, no. Trustee Przybylo said, the height of the garage door, he understands is because you’re going to put in a recreational vehicle and you need that height? Mr. Harn, right. Trustee Przybylo asked Mr. Ostman if all the neighbors were notified. Mr. Ostman responded that all the neighbors were notified within 250 ft. Trustee Przybylo asked what kind of objections did you get from the neighbors. Mr. Ostman responded, no objections. Trustee Przybylo asked if anybody testified and were they there at the meeting. Mr. Ostman responded no. Trustee Biederman asked Mr. Ostman that she understands the house that was next to this house was for sale, so have the new neighbors been notified about this. Mr. Ostman responded that they notified all properties within 250 ft. Trustee Biederman asked when was the purchase of that house, because really this is kind of secluded so when you look at it it’s really just one particular house that was for sale over there, were they notified when the purchase of that house, versus when this Zoning meeting was occurring. Mr. Ostman replied that he’d have to verify the records, but yes, he could almost assure they were notified. Trustee Biederman asked, again, I just want to make sure, you are not doing any type of business or renting, because there are like three or four boats there and there’s a lot of stuff. Mr. Harn replied, yeah, those are my boats. Trustee Biederman asked, so you’re not doing any renting or anything of the space? Mr. Harn replied, no those are all my boats and everything like that. Trustee Przybylo asked Mr. Ostman: how do you notify? Mr. Ostman responded, we ask the petitioner to go to the Maine Township Office and from the official records there, of who pays the tax bill, and they compile a complete list of all of the properties within 250 ft., and address a legal size envelope with a return address of the Village of Niles. The Village of Niles actually stuffs the envelope and mails it out. 7  August 26, 2008 Trustee Przybylo asked if it was mailed out certified. Mr. Ostman responded that it’s not certified and that we’ve never done it certified. We’ve always taken the responsibility of making sure that it reaches the post office to be mailed. Rob Nicholas with Morton Buildings stated that at the Plan Commission meeting one of his neighbors was here, sat down with them and asked what he was doing; and they explained it to her. She had no concerns, just wanted to know what they were doing and left and was basically happy that he was going to be replacing the existing worn down structure with something else. Trustee LoVerde wanted clarification from Mr. Ostman and asked him if he was indicating in this memo that staff is recommending the 2,200, or is the 3,000 okay. Mr. Ostman stated that they are recommending the 2,200. Trustee Preston asked if what was passed was up to 3,000 sq. ft. because it reads that way. Mr. Ostman stated that’s correct. Trustee Preston also had a question as to the exact address because she had various pieces of literature that refer to this as 8008 Oakton Street and also 8008 Oakton Avenue. Mr. Ostman replied that it is 8008 Oakton Street. Trustee Preston stated that Mr. Harn’s papers say Oakton Avenue and it has been rather confusing. Mr. Harn replied that it was his error. Mr. Ostman confirmed that it is Oakton Street. Trustee Przybylo asked if one of the stipulations is that the old structure has to be torn down, and asked if it was possible that this gentleman is going to build a new garage at 2.200 or 3000 and keep the old one? Mr. Harn replied that the whole thing I’m doing this is, obviously, either I’m going to repair this old structure or replace it with a whole brand new one. Obviously it’s easier just to replace it with a new one rather than keep trying to repair the old one. Trustee LoVerde stated that part of the condition you show here indicates that it has to be removed within four months. So you’re not going to end up with 2,200 and this garage, two of them? Mr. Harn replied no. Mr. Ostman stated correct. Mr. Nicholas added that they would still like to address the 3,000 sq. ft., the 2,200 was brought in by the Planning Department but not necessarily automatically agreed to by Mr. Harn. He stated that they are basically open for discussion with that 8  August 26, 2008 with the Board. Mr. Harn feels that with his current materials out there that 2,200 sq. ft. is not going to be enough room to put it all in. 3,000 may be pushing it but there is some middle ground between there that might help out his situation in keeping all of his equipment, materials, and vehicles inside. Trustee Przybylo asked what the Zone and Plan Commission approved, was it 3,000? Mr. Ostman replied 3,000. Trustee Przybylo made a motion to approve as submitted 3,000 sq. ft. stipulated by the removal of the old garage within four months. Trustee LoVerde seconded the motion. Trustee Preston was concerned about that square footage and said she would either go as an amendment to decrease it to 2,200 sq. ft. or postpone it until our next meeting to come up with something in between. So, she was speaking against 3,000 sq. ft. Acting President Callero stated that there is a motion on the floor. Trustee Preston asked if she could speak against it. Acting President Callero stated yes. Trustee Biederman stated that she is not for the 3,000 sq. ft. She would be for the 2,200, so with regard to the motion, it would be a no for her. Trustee LoVerde stated that we have a motion, we can vote on it. Trustee Preston right, but this is just discussion on the motion. Acting President Callero agreed and then added that besides the variance in size, there is a condition to provide 4 ft. wainscot on all sides. Trustee Callero stated that there is motion and a second at 3,000 sq. ft. and 21 ft. 4 in. On roll call, the vote was: AYES 2 Callero, LoVerde NAYS 4 Biederman, Murphy, Preston, Przybylo ABSENT 0 The motion did not pass. Acting President Callero asked Attorney Annunzio if we can go with 2,200 at this point? Attorney Annunzio replied yes. Acting President Callero asked for a motion. Trustee Preston moved that we approve a request for a variation to heighten size for an accessory structure at 8008 Oakton Street with the request to allow up to 2,200 sq. ft. in area and up to 21 ft. 4 in. in height from the maximum limits of 700 sq. ft. in area and 15 ft. in height. One condition is to 9  August 26, 2008 provide 4 ft. brick wainscot on all sides. Trustee Biederman seconded the motion. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Trustee LoVerde stated that in fairness to the petitioner, the Zoning Board approved 3,000 sq. ft. and then they got a memo in which staff recommends 2,200. It puts this Board in an awkward position when the Zoning Board approves the 3,000 sq. ft. but then the memo should not come out for 2,200, because it says that the petitioner agreed to the 2,200. Trustee Przybylo stated that, frankly speaking, he doesn’t like voting against the Zoning and Plan Commission. He likes voting with his commission. His suggestion to the petitioner was to not build it at all and maybe go through the process again. He’s sure there is a way that he can do that, if he really needs 3,000. Trustee Przybylo added that the fact of the matter is that if he needs 3,000, and we’re only giving him 2,200, and he builds 2,200 and creates an eyesore for his neighbors then we’re defeating the purpose of what you want to do to beautify your neighborhood. And 2,200 just may be not what you need to do. So, he voted yes, but stated you do what you have to do. Special Use for Car Rental This is a request to approve a Special Use to operate a car 7958 Waukegan Road rental business at 7958 Waukegan Road. Acting President 08-ZP-11 Callero explained that in this case they are going to start with ten cars and two employees, but there are only four spaces. They are going to leave three cars on premise and the other cars will be housed at various places around here, car dealerships and so forth, not just parked on the street. The Petitioner, Ron Oh from Smile Car Rental Inc. was present at the Board meeting. Trustee Preston just wanted to verify that the minutes of the Zoning Board that they received were verbatim minutes. She asked Mr. Ostman. Mr. Ostman stated that he could not verify that because he did not listen to the tape and was not at that meeting. Trustee Preston asked if Mr. Wlodarski was present, he was not. 10  August 26, 2008 Acting President Callero stated that this was approved by the Zoning Board 5 to 0. Trustee LoVerde stated that in looking at the testimony, it indicated there were going to be four spaces, but then throughout the testimony it went to four, five, six, possibly eight, and it was confusing. Let’s assume on the weekend when you’re closed on Sunday but cars are returned on Saturday evenings, how can you possibly have just three spots to run a car rental agency, when in your own testimony it indicated at times there will be eight; and if you don’t have a runner to go there, where are all these cars going to park? Mr. Oh replied: usually we are only going to use three to four spaces, we’re going to have a part-timer too, and when the cars return we need to remove the car as soon as possible because we cannot rent the same car twice. We need to take it to the car wash and then we’re going to bring it to either storage area which is one at Rand Ave. and another one is on Lincoln Ave. So on weekends, yes, when the cars are returned we do have to go through the car wash process. Acting President Callero asked if Mr. Oh owned the building and Mr. Oh responded no. Acting President Callero asked if in the lease with the landlord is there any limitation on car spots. Mr. Oh stated, yes, that on the lease the landlord gave them three to four spots any given day, so no more than four cars can park in their spots. Acting President Callero stated that since the landlord would have to provide spaces for his other tenants, that if they have more cars than what they are allotted they would have to answer to that. Mr. Oh stated yes that they will work with the Village of Niles and strongly believes that they don’t want to inconvenience anyone. The landlord gave them permission to use four spots maximum, and if they violate that, they are in default of the lease and they don’t want that. Trustee LoVerde asked if there is a current agreement with the other tenants to protect the other tenants in terms of the number of spots that are required and committed to those businesses. Mr. Ostman stated that we did not know. Trustee LoVerde asked if the leased vehicles, were registered with Niles and will they have a Niles sticker on them. Mr. Oh responded that the cars come from their headquarters in Atlanta, Georgia, and at the current time they are not going to be registered with the Village of Niles. Trustee LoVerde asked Mr. Oh to explain to him the following: you indicated in your testimony that the reason that this is going to be successful and why you are choosing this location is because 11  August 26, 2008 of the Super H and the Assi Mart. Mr. Oh responded yes, that it is a mixed culture, a lot of Asian community, but they would like to serve the Niles community as well. Acting President Callero asked what type of cars they were going to rent. Mr. Oh responded that it would just be a regular car rental. Acting President Callero then asked if someone wanted a Lincoln or Ford, would they have both of those. Mr. Oh asked if he meant the Ford special SUV or just regular. Acting President Callero replied, the smaller Ford as opposed to a large Cadillac or a large Lincoln. Mr. Oh responded, yes, they could bring the cars too. Usually people like to rent just a regular small sedan, but for special use, like a wedding, they can provide that car as well. Trustee LoVerde had one observation, because he happens to go there three days a week - coming in off of Waukegan Road that is probably the most dangerous parking lot to go into. Once you pass the kitchen place, you have to make the right turn and there is always a truck and trailer that are parked there, which restricts the flow even more. There is no blind side, there is no visual to see cars coming back and around, so, if this was approved, there would have to be some arrangement with the landlord to make that a little safer entry. He has seen more vehicles that turn and just stop short of head-on collisions there on a daily basis. Acting President Callero asked Mr. Ostman if this can be done by large mirrors. Mr. Ostman replied that they will speak with the owner of the property. Mr. LoVerde stated that it’s a bad location. Trustee Biederman referred to the Zoning minutes that indicate that they have two locations with agreements, one in Des Plaines, and one in Lincolnwood, with regard to more cars. She asked Mr. Oh what agreement they have and how many cars do they have? Mr. Oh responded that they are going to have a total of 20 cars, and both locations, one on Lincoln Ave. and one on Rand Rd., both are used car dealers. Trustee Biederman stated that in the minutes, he indicated that they’re going to start with a total of 10 cars, now he’s saying 20 cars? Mr. Oh replied that those cars are parked over there and it’s their plan with the agreement with the used car dealership, so they have enough parking spaces to park the cars. They’re not sure how many cars they’re going to purchase for this time, but they’re planning on bringing maybe 20 to 25 cars. Trustee Biederman stated that it’s different than what was indicated before with the 10, now 12  August 26, 2008 there will be 20 to 25. If there’s a full-time employee and a part-time and they both drive and there are a total of four spots, where are they going to park? You mentioned here that most cars are going to be parked outside of this location. Mr. Oh responded that they’re not going to bring all the cars parked in their store location. He indicated at the first meeting that they going to have just 10 cars, but then he saw the opportunity and there is a growing market here, so they increased a little bit more to 20 cars. But again, they know there is no reason for them to park all the cars behind the store location. They’re going to put a maximum of, a total of four cars, and yes, they’re going to have employees, one part- time and one full-time, and as they need more cars, they’re going to bring the cars from either Lincoln Ave. or Rand Rd. that’s the most feasible way to operate the store in this location. Acting President Callero stated that the parking will be policed by the landlord. Trustee Przybylo made a motion, seconded by Trustee Biederman, to approve a Special Use to operate a car rental business at 7958 Waukegan Road. On roll call, the vote was: AYES 5 Biederman, Callero, Murphy, Preston, Przybylo NAYS 1 LoVerde ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Comment from Trustee LoVerde: Although he usually agrees with the Zoning Board, he believes this is a bad location for this type of operation. NEW BUSINESS Amend Chapter 18 Buildings, Trustee LoVerde stated that this is a request from Chuck Article IX Fences Adding New Ostman, Community Development, to amend Chapter 18- Requirements for the 323 Requirements and Restrictions for Fences. The proposed Construction of a Fence changes would permit the replacement of most existing fences which would only impact corner lots and front yards of townhouses in the R-3 and R-4 zoning districts. The text amendment also includes line of sight regulations when intersecting with driveways. Trustee LoVerde made a motion, seconded by Acting President Callero, to adopt the ordinance amending Chapter 13  August 26, 2008 18 Buildings, Article IX Fences, Section 18-323 adding new requirements and restrictions for the construction of a fence. Trustee Przybylo asked for clarification from Mr. Ostman about corner lots in R-3 and R-4. Is a corner lot where the address is on the short side of the lot, but because it’s a corner, the backyard is really the side yard; and so are we allowing fences to be more easily placed there? Mr. Ostman stated that the intent is that there are a lot of these fences on corner rear yards, the rear yard behind the houses that need replacement. As the fence code indicates now, those fences could not be replaced and we have many of those on corner lots. The residents want to replace those now. This is just pertaining to the rear yard of a corner lot and its real intent is to replace existing fences that are deteriorating. Trustee Przybylo asked - but it does not alter the setback from the property line or anything like that, everything else is the same? Mr. Ostman replied that what we’re doing here is that you are allowed to bring the fence out to the sidewalk instead of it being 80 percent open or 50 percent open. That was the regulation prior. Trustee Przybylo thought the code was you have to offset the fence at least 18 inches from the sidewalk from off the planting. Mr. Ostman replied no, we didn’t have that in there. It was just the openness. Trustee Przybylo asked, so you can bring the fence right up to the sidewalk with no plantings. Mr. Ostman responded yes, and we have plenty of fences. Trustee Preston asked Mr. Ostman to explain how we had a code where they couldn’t replace their fences? Mr. Ostman replied that that is what the Code says now. Trustee Preston asked now the previous was 6 ft. and now this is a reduction to 5 ft.? Mr. Ostman replied 5 ft. when it faces the street. Trustee Preston said that before they were 6 ft., so we’re reducing the height of the fence from 6 ft. to 5 ft. with this new Statute. Mr. Ostman stated that’s correct, with a solid fence. Previously if you went up against the sidewalk it had to be 80 percent open. You go back 10 ft. and it had to be 50 percent open or you could go back to the building line and it could be a solid 6 ft. That’s what it is currently. Now we’re allowing people to replace those existing fences that are up against the sidewalk, most of them are 5 ft. and we are allowing them to replace what they have. Trustee Preston referred to the permitted fence location diagram and asked if now the fence is going to make a triangle cut-off and it didn’t before. Mr. Ostman replied that it did before if you were 14  August 26, 2008 going with a solid fence, but the line of site had to be set back 20 ft. instead of as depicted in the diagram here 10 ft., and still leaving a safe line of site for people pulling out of the driveways. Trustee Preston asked if a board-on-board fence was considered 80 percent. Mr. Ostman replied that was considered solid. Of course a chain link fence would be an open fence. Mr. Ostman added 80 percent open or more. Trustee Preston stated that she hoped that this is written in the type of language that is clear for the Statute, because reading it and rereading it sometimes was as clear as mud. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Chapter 82 Solid Waste Trustee Preston stated that the Solid Waste Agency of Creating a Commercial Northern Cook County (SWANCC) assists Villages in a Franchise Requirement variety of special programs. They have assisted us in putting together a Niles commercial program. In August of 2007, staff presented a commercial solid waste franchise briefing to the Trustees and outlined program successes in 24 Illinois municipalities. Skokie was the suburb in our area that started this years ago, was most successful, and we are now modeling Skokie. With support from the Niles Chamber of Commerce and in cooperation with SWANCC, a commercial and industrial refuse survey was distributed; it got positive results, and we think that we can provide an average estimated savings of 30 to 40 percent. Our Request for Proposal was initiated last November, by March there was a pre-bid meeting, there were six qualified haulers that submitted proposals. Proposals were based on service cost, past performance and capacity to provide service. SWANCC then worked with our staff to negotiate with the best qualified hauler and to develop the franchise agreement to be considered this evening. The final negotiated proposal from Groot was determined to provide the most significant benefits for the business community. The implementation process would begin after we pass this ordinance and the actual agreement. Following successful approval, there is going to be a transition period from October 1, 2008, through May 1, 2009, at which time all businesses will enter the 15  August 26, 2008 program unless otherwise exempted by the Village Manager and that would only be for special consideration. Trustee Preston made a motion, seconded by Trustee Murphy, to adopt the ordinance amending Chapter 82 Solid Waste, creating a Commercial Franchise requirement. Acting Mayor Callero commented that there is an estimated average savings based on results of other communities of 30 to 40 percent which will help our businesses and commercial people. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Commercial and Institutional Trustee Preston stated that this is an agreement that has been Solid Waste Services negotiated with assistance from SWANCC as part of a model Agreement between the Village commercial and institutional solid waste service agreement of Niles and Groot Recycling and this one meets the needs of the Village of Niles with and Waste Services Groot Recycling and Waste Services and meets the needs of the businesses in the Village of Niles. It does not include any condominiums or residential service. This is only for commercial service. Trustee Preston made a motion, seconded by Trustee Murphy, to approve a Commercial and Institutional Solid Waste Services Agreement between the Village of Niles and Groot Recycling and Waste Services. Comment from Acting President Callero that there were six bidders, so it did not go out to just one, and Groot working with SWANCC and the Village of Niles came down to the lowest price. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. 16  August 26, 2008 Authorizing the Reallocation of Trustee Murphy stated that at the March 25, 2008, Board 2008 Volume Cap for Private meeting, the Board passed Ordinance 2008-18 that reserved Activity Bonds for the Private the Village of Niles volume cap of $2,470,525 until the end Activity Bond Clearinghouse of calendar year 2008. As of 2008, the Village has not had Hosted by the Village of Buffalo any local requests to utilize this volume cap. If the Village Grove for Lake County would not use the allocation by the end of the year it is lost. Partners Therefore, staff recommends that the Village reallocate all of its Volume Cap to the Private Activity Bond Clearinghouse hosted by the Village of Buffalo Grove to be used in conjunction with certain private activity bonds issued to finance costs of acquisition, renovation, construction and/or equipping of one or more multi-family housing developments. In exchange for this allocation the Village will receive $12,353.00. Trustee Murphy made a motion, seconded by Trustee Callero, to adopt the ordinance authorizing the reallocation of 2008 volume cap for private activity bonds to the private activity bond clearinghouse hosted by the Village of Buffalo Grove for Lake County Partners. Trustee LoVerde asked how we derived at the figure $12,353.00. Scot Neukirch, Finance Director, responded that it’s a half cent per dollar of our volume cap. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED Resolution Allowing Mayor to Acting President Callero stated that this is a Resolution to Sign Agreement with Cook allow the Mayor to sign agreement with Cook County County Assessor’s Office for Assessor’s Office for access to property information for our Access to Property Information GIS. It is time for us to renew our GIS agreement with Cook for our GIS County. The County requires a yearly Board resolution to facilitate continued access to their GIS property information. This proposed resolution authorizes a standard agreement between the Cook County Assessor’s Office and the Village of Niles, giving the Village access to the updated county GIS data at no cost to us. The data provided by the County will include assessment data, property images, aerial photography 17  August 26, 2008 and topography. This will be our second year of this resolution. Due to the success, we recommend that this resolution be adopted. Acting President Trustee Callero made a motion, seconded by Trustee Biederman, to adopt the resolution allowing the Mayor to sign an agreement with the Cook County Assessor’s Office for Access to Property Information for our Geographic Information System. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Resolution Granting a Class Trustee Murphy stated that this resolution supports the Cook 6(b) Tax Classification to I.P.P. County Classification 6(b) Development Incentive for I.P.P. Litho Plate Corporation Litho Plate Corporation at 7300 Natchez Ave. Tax class 6(b) is a Cook County program that reduces the amount of a property tax bill as an incentive to occupy a vacant property. The subject property has been vacant for seven months with little interest from the industrial community. The proposed new tenant, I.P.P. Litho Plate is an established Chicago business that is looking to relocate. I.P.P., will renovate the building and relocate to this site bringing 120 new jobs to Niles. Trustee Murphy made a motion, seconded by Acting President Callero, to adopt the Resolution granting a Class 6(b) Classification to I.P.P. Litho Plate Corporation. Present on behalf of I.P.P. Litho Plate were President Paul Sickinger; Meg Sickinger; Brian Liston, I.P.P. counsel; and Steve Connolly, real estate broker representing I.P.P. Mr. Sickinger stated that currently they have 96 employees and with the expansion into Niles they would be adding equipment, a particular type of U/V printing that would expand their business and they expect that they will be bringing 22 new jobs with that. Acting President Callero asked for an example of what they print. They are a commercial sheet fed printer and they print a wide variety of brochures and magazines for Harley-Davidson, Home Depot, Sears, Shedd Aquarium, Field Museum Annual report and a lot of variety for local design firms and agencies. This is 18  August 26, 2008 their 51st year in business located at 1313 W. Randolph in Chicago. Trustee Murphy asked if they were thinking of building additions to the building. They are making renovations to the building, at this point they haven’t discussed additions to the building just a very large renovation. Trustee Murphy asked if renovations of any size are under the old tax bracket or do they come in as new. Attorney Annunzio responded that they would come in as new. Trustee Preston had a question regarding the length of this agreement. Tax Class 6(b) is a Cook County program that reduces the property tax bill as an incentive to occupy a vacant property. How long is that reduction in place, or do they have it forever. Attorney Liston responded that it’s a 12-year incentive, but there is an affidavit that has to be completed every year to show that there is a manufacturing use and that they are meeting the requirements of the County in the manufacturing use of the property. Acting President Callero asked if the percent lessens at all in the latter years. Attorney Liston stated that it increases actually, at year 11 it goes to 23 percent. It goes from a 36 percent assessment level to a 16 for the first 10 years, and year 11 it goes to 23 it jumps up, and year 12 it goes back to 36. Trustee Preston referred to Exhibit A Special Circumstances and questioned where it came from. It came from Attorney Liston. Trustee Preston continued, under Exhibit A, it says Special Circumstances exist on the subject property based on the functional obsolescence for use in today’s industrial market for manufacturing. It also stated that these improvements go directly to a significant increase in the fair market value of the property for a total fair market value of $4,956,000 which translates into higher real estate taxes per square foot even with the 6(b) incentive applied to the subject property. Trustee Preston asked, are we getting more money even though we’re giving you this break? Attorney Liston responded yes. Trustee Preston then asked where these figures came from. Attorney Liston responded that the calculation is from the Cook County Assessor’s Office certified tax rates. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 19  August 26, 2008 There being 6 affirmative votes, the MOTION CARRIED. Authorization to Enter into Trustee Preston made a motion, seconded by Trustee Agreement with Ives/Ryan LoVerde, to enter into an agreement with the Ives/Ryan Group, Inc. to Provide Group, Inc. of Naperville, Illinois, to provide landscape Landscape Architectural architectural services for the Village of Niles at a cost not to Services exceed $74,500.00. Trustee Preston stated that this landscape contract has evolved over many years as part of the Milwaukee Avenue Redevelopment Committee that Trustee Biederman chaired. Part of that plan included landscape. What it did not include was a comprehensive landscape plan for either the buildings in the Village of Niles or the entire Village. Now doing a landscape plan which other communities have for the entire community was a little bit more than we could do at this moment, so what we chose to do instead was to request landscaping for what originally were listed as 18 different municipal buildings here in the Village and have now been reduced to 17, because this building, including the Post Office structure and the Senior Center and Fitness Center have now all been combined into one called Municipal Complex Civic Center. Originally Trustee Preston had asked her fellow trustees to visit all of those 18 sites for the pre- Board meeting that was to take place this evening at 7:30, but Nicholas Blase’s resignation yesterday, the business that we needed to do this evening took precedence. However, we have been doing this for a long time and we started this process in February. We advertised for people to submit RFQs and we received 16. Trustee Preston sat in on a committee with Mr. Ostman, Bob Pilat from Public Services, Trustee LoVerde, and Susan Bus from Purchasing. Of those 16 they were first reduced to 5 and we held two days of intensive meetings with those 5 firms. After we interviewed those 5 firms, we reduced it to 2 firms who then had to come back and make final presentation. Then they had to resubmit a proposal to us and that brings us to today. Trustee Preston hopes that this will be approved so that the Village of Niles will have some continuity. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo 20  August 26, 2008 NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Trustee LoVerde thanked the Committee chaired by Trustee Preston. They had very productive and informative meetings throughout the interview process. He also wanted to personally thank the extensive work done by Chuck Ostman, Susan Bus, Bob Pilat, and this Board for approving this very important contract. This gives us a great opportunity to adopt a consistent landscape beautification plan for our community. Purchase Road Salt Trustee Biederman stated that for a number of years the Public Services Department has obtained pricing from vendors for road salt for the winter season. Due to the challenges faced because of last year’s extreme winter, salt prices have increased exponentially. A memorandum detailing these issues was sent to the Board members. One of the things Trustee Biederman thought was interesting that coincided with the memo was an article in the Chicago Tribune the week before indicating that salt is very scarce, and the majority of municipalities might not get their salt and the pricing being at $145 a ton. This agreement we have from Public Services is purchasing 4,000 tons of salt from Central Salt at $83 per ton, for a total purchase price of $332,000. This is over our budget amount of $134,810, but from the article and from other research she’s seen, the $83 per ton is actually a very good price that we’re getting versus what some of the other towns might actually be paying for this. Trustee Biederman made a motion, seconded by Trustee Murphy, to approve the purchase of 4,000 tons of road salt from Central Salt, LLC, in the amount of $83 per ton for a total purchase price of $332,000. Acting President Callero added that last year we all know what happened to the salt, communities couldn’t get it and we were lucky we did. In a very mild winter we only use about 2,500 tons. If we purchase 4,000 tons, will that all be purchased at one time, and I presume we have to sign a contract. Scott Jochim, Director of Public Services, responded that Central Salt has asked us to purchase all of our salt through them first. The first 4,000 ton will be 21  August 26, 2008 purchased through them. We hope to put an order in tomorrow of 50 percent, if the Board approves this. Acting President Callero asked if it’s a very mild winter and we only need 2,500 and we need another delivery of 1,000, under the contract do we have to purchase the 4,000. Mr. Jochim responded that there is no minimum on this. If we put in an order for 2,000 and then cover ourselves with another 500 and we don’t get any more snow, we’re okay and we don’t have to order the other 1,500. Acting President Callero understands that Morton Salt has not come in with its price yet, but they are talking about $90-$100. Mr. Jochim responded that they came in with a price yesterday of $104. Trustee Preston asked how much salt we have left over from last year. Mr. Jochim said 600 ton. Trustee Preston asked how much the new salt dome that is going to be built hold. A little over 2,000 ton was the answer. Trustee Preston calculated that if we’re going to purchase 2,000 ton and if we have 600 ton there, then we’ll have extra salt outside. Mr. Jochim responded that we will tarp the extra salt. Trustee Preston asked if this was our usual and customary procedure this time of the year. Mr. Jochim responded no. Acting President Callero read the same article Trustee Biederman mentioned plus other articles and the communities are running around right now trying to get salt. He stated that it is very good that Public Services got a contract like this. They also are the company that provided the extra salt for us last year. Trustee LoVerde asked if we are guaranteed the 4,000 tons. Mr. Jochim said they also asked that question and the response was yes. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Fire Union Contract Trustee Murphy stated that this a request of the Board to approve a Proposed Collective Bargaining Agreement between the Village of Niles and State and Municipal Teamsters, Chauffeurs & Helpers, Local 726, International Brotherhood of the Teamsters, May 1, 2008-April 30, 2012. Trustee Murphy made a motion, seconded by Trustee LoVerde, to accept the Proposed Collective Bargaining Agreement between the Village of Niles and State and Municipal Teamsters, Chauffeurs & Helpers, Local 726, 22  August 26, 2008 International Brotherhood of the Teamsters, May 1, 2008- April 30, 2012. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. PETITIONS FOR REFERRAL Acting President Callero stated there are two Petitions for Referral to the Plan Commission and Zoning Board of Appeals: 08-ZP-12 Michael A. Nigro Special Use for Family Fun Center with Food and Games for Children 7407,7411,7417,7419 N. Milwaukee Ave. 08-ZP-13 Paul Rosengarten Special Use to Operate an Apparel Shop Providing Men’s Suits, Sportcoats and Accessories 7777 N. Caldwell Ave. Trustee Preston made a motion, seconded by Trustee Biederman, to refer petitions 08-ZP-12 and 08-ZP-13 to the Plan Commission and Zoning Board of Appeals. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. FINANCIAL REPORT Acting President Callero stated that the Accounts Payable for the month of July 2008 were $4,207,778.81. The ending cash balance as of July 31, 2008, was $36,704,777.43. Acting President Callero made a motion, seconded by Trustee Biederman, that the Accounts Payable for the month of July 2008 be approved for payment and the Treasurer’s Report filed for audit. On roll call, the vote was: 23  August 26, 2008 AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. ADJOURNMENT There being no further business to come before the Board, Motion to adjourn was made by Trustee Preston and seconded by Trustee Murphy. On roll call, all concurred. The meeting adjourned at 9:20 p.m. ____________________________ ________________________________________ Village Clerk Acting Village President 24