Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES February 23, 2010 6:00 p.m. CALL TO ORDER The Board of Trustees meeting was called to order at 6:00 p.m. by President Robert M. Callero in the Council Chambers, Village of Niles Municipal Building, on Tuesday, February 23, 2010. ROLL CALL On roll call, the following Trustees were present: Chris Hanusiak, James Hynes, Joe LoVerde, Louella Preston, Andrew Przybylo and Alan Weel. EXECUTIVE SESSION Moved by Trustee Hynes, seconded by Trustee LoVerde, to go into Executive Session to discuss personnel and union issues. On roll call, all concurred. PRE-BOARD MEETING Moved by Trustee LoVerde, seconded by Trustee Hynes, to Committee of the Whole reconvene as Committee of the Whole at 7:40 p.m. On roll call, the following Trustees were present: Hanusiak, Hynes, LoVerde, Preston, Przybylo and Weel. The Committee of the Whole heard an informational presentation regarding the state of the Village’s Health Insurance and Trend of the Industry by John P. Herr, Senior Consultant, and Ted Reese, President of Corporate Benefit Consultants, Inc., the Village’s Health Insurance Consultants. Mr. Herr stated that the Village’s claims have gone up substantially over the last two years due to trend factors and the economy as a whole. Medical costs are up 22% from 2008-2009; the average medical trend for that period was 11%. Prescription Drug costs are up 32% from 2008-2009; the average prescription trend was 9%. Total costs have increased 104% over the past five years. The Village charges 9% of premiums while the private sector charges between 25% and 40% of premiums. The benefits that we have today have not been changed since 2004. Recommendations are to raise deductibles, coinsurance limits and implement a three-tier prescription drug card; increase payroll deductions; implement a wellness program for all employees; investigate an employer opt out program, where employees are compensated for going on to their spouse’s health plan; and investigate mandatory coordination of benefits. These changes can be made over a period of three years or more. Mr. Herr stated that every year  February 23, 2010 Board Minutes at renewal time you try and have a strategy in place that will help curb or slow down the cost of trend. Village Manager George Van Geem added that Corporate Benefit Consults have represented the Village for the past ten years and we rely on them for their expert advice. He stated that this particular issue came into focus at this year’s pre- renewal conference regarding costs for budgeting purposes. These are really eye-opening numbers and wanted the Board to be aware of them. It is incumbent on the staff to start developing some recommendations and answers and this will be brought before the Board again for their approval. Mr. Van Geem anticipates that some big changes will be recommended. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by President Callero. ROLL CALL The Regular Board of Trustees meeting was called to order at 8:04 p.m. by President Callero. The following Trustees were present: Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel. APPROVAL OF MINUTES Trustee LoVerde made a motion, seconded by Trustee Weel, to approve the minutes of the January 26, 2010, Board Regular Board Meeting meeting, as submitted. On roll call, the vote was: January 26, 2010 AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. PRESENTATIONS None. PROCLAMATIONS None. TRUSTEE REPORTS Board of Ethics Trustee LoVerde, Chairman of the Board of Ethics, reported Trustee LoVerde that a Special Meeting was called on Saturday, February 6, 2010, to discuss recent news publications referencing an ongoing investigation. Based on the advice of legal counsel, any additional comments would be inappropriate at this time since the investigation is in its very early stages. The Ethics Board also met on February 16, 2010, and the review of all 12 sections of the Proposed Ethics Code has now been completed by the Ethics Committee and the Citizens Compliance Plan 2  February 23, 2010 Board Minutes Committee. A red-lined version of the Proposed Ethics Code clearly indicating the agreed upon changes to date by both committees is being prepared. The Ethics Board will meet to review the entire document and determine an appropriate timeline to present the draft to the Board of Trustees for review, input and final approval. To date six hotline calls have been administered, three unrelated to any violations and three unrelated to any ethics violations. Stormwater Commission Trustee LoVerde, Chairman of the Stormwater Commission, Trustee LoVerde reported on the work of the Commission to date, including: 275 hours and hundreds of site visits by Stormwater Commission members; collection of information by the Engineering Department on areas that most frequently flood and those most severely impacted; creation of four stormwater education documents for residents; 20 committee meetings throughout the year to discuss data and information collected from staff and from two public workshops; ongoing improvements made and areas identified by the Commission that were contributing to potential flood issues; ongoing discussions by Commission with local agencies to improve on potential issues contributing to flooding, including St. Adalbert’s Cemetery, Cook County, Notre Dame, Niles Park District, Village of Glenview, Maryhill Cemetery, Metropolitan Water Reclamation District, to name a few; continued efforts by Public Works staff cleaning and inspecting sewers as requested in these problem areas; six ordinances were presented to the Village Board regulating stricter guidelines to provide flood relief; discussions on adding a fee for all zoning districts to be exclusively used for repairs and improvements to local sewers; and the adoption of a Stormwater Management Plan for future development to mitigate negative impacts of stormwater from new development. The Stormwater Commission recently received 17 RFPs from a wide variety of engineering firms experienced in dealing with community flooding issues. The Commission selected and interviewed five based on the information submitted in the RFP. The Commission will select a firm from those five based on cost, recommended scope of improvements, references, experience, staffing and availability. During the course of the interviews, each and every firm specifically commented on how professionally detailed and the amount of valuable information that was provided in the RFP. 3  February 23, 2010 Board Minutes Trustee LoVerde thanked Andrew Vitale, GIS Coordinator, and Steve Vinezeano, Assistant Village Manager, stating that their knowledge and effort saved the Village thousands of dollars. The Commission will make a recommendation to the Board of Trustees to engage a firm no later than the May meeting. Flooding will remain a very high priority of this administration. Northwest Municipal Conference Trustee Preston reported on the February 10, 2010, meeting of Trustee Preston the Northwest Municipal Conference (NWMC) where the Metropolitan Water Reclamation Draft of the Watershed Management Ordinance and language recommendations were discussed. In addition, the Legislative Committee requested approval of the recommendation for the Pension Fairness for Illinois Communities Coalition, which is agenda item #11 on tonight’s agenda. NWMC Legislative Days will be held in Springfield on April 13-14, 2010. Crisis Nursery Coalition for Illinois is requesting that municipalities acknowledge the Tax Check-Off Program in order to secure ongoing support to the Crisis Nursery Fund, which is of particular interest to the Maryville Academy in Des Plaines as the fund provides direct care to Illinois children under the age of 6 whose parents are in difficult situations. The NWMC Legislative Brunch was held on February 20th and representing the Village of Niles were Mayor Callero, Trustees Hanusiak and Preston, Village Attorney Annunzio, and Village Manager Van Geem as well as Representative Nekritz, and Senators Kotowski and Garrett. Two major items discussed were protecting local government revenues and pension fairness legislation. SPECIAL REPORT Milwaukee Avenue Update Scott Jochim, Public Services Director, reported that a meeting was held on February 9 regarding the completion of Milwaukee Avenue both north and south of Touhy. At the meeting were Illinois Department of Transportation (IDOT) personnel, the resident engineer, the Village of Niles and the contractor, Di Paolo. The purpose of this meeting was to discuss the completion of work. The contractor had put in a request to extend the project until the end of September. This was quickly and loudly rejected by the Village of Niles and the engineers. It is our belief that this project should be completed by July 1st. After discussion, the Illinois Department of Transportation personnel 4  February 23, 2010 Board Minutes told the contractor to put his schedule in writing and reasons for his lengthy extension. Niles and IDOT will review it, make our rebuttals, and a decision will be made by IDOT in Springfield. We have a meeting scheduled for March 2nd, and at that time the contractor will put forth his proposal. Scott Jochim also asked the contractor to clean the lot at Harts and Milwaukee. He was not receptive. It is Mr. Jochim’s understanding that the Community Development Department is working on an ordinance at this time to prohibit this type of storage. Hopefully we will know more after our March 2nd meeting and he will report back to the Mayor and Village Manager. According to the contractor, he has an agreement with the owner of the property to keep his equipment there. Construction began about a year ago and the original substantial completion date was December 1, 2009. Di Paolo then had three weeks to do their punch list items, etc. The biggest reason for the delay is that the gas company forgot to mark a gas line on the west side of Milwaukee Avenue which coincided with where they were putting in a water main. The gas company had to relocate their gas line after the job had already started, which took a few months. Also, they found a couple of underground storage tanks on Milwaukee Ave. that no one knew about that were abandoned some time ago. PRESIDENT’S REPORT New Format for Board of Trustees President Callero announced that we are trying a new format Meetings Regarding Public for Public Comment at the Board Meetings. Anyone that Comments would like to comment on either Agenda or Non-Agenda items is asked to register with the Clerk prior to the meeting. All remarks should be comments, no questions or debate with the Trustees. Public Comment on Non-Agenda items will remain at the end of the meeting. Public Comment on Agenda items will be after the item is called and the trustees have discussed it, then the public can comment before the vote is taken. OLD BUSINESS None. NEW BUSINESS Amend Section 2-282 Delete Trustee Preston stated that our ordinance currently states that Compensation of Members of members of commissions will be compensated $10 for each Commissions meeting. However, it has been a long standing practice that volunteers are not paid, therefore, this is a request to change the ordinance to coincide with past practice and delete Sec. 2- 5  February 23, 2010 Board Minutes 282 Compensation of Members of Commissions; generally. Trustee Preston made a motion, seconded by Trustee Hynes, to adopt the ordinance deleting Sec. 2-282 Compensation of Members of Commissions. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Section 2-325 and 2-326 Trustee Hynes stated that these amendments reflect changes Foreign Fire Insurance Board made January 2010 to Illinois State Law regarding the Foreign Membership and Powers, Fire Insurance Board. Changes include the number of trustees Duties and Procedures from 11 to 7 members and to the powers, duties and procedures for the Foreign Fire Insurance Board. Trustee Hynes made a motion, seconded by Trustee LoVerde, to adopt the ordinance amending Sections 2-325 and 2-326 and incorporating the changes per State Law. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Section 6-38 Increase the Trustee Hanusiak stated that this is an ordinance to increase Number of Class C Liquor the number of Class C liquor licenses form 32 to 33. The Licenses license will be used for the Target located at 239 Golf Mill Center for selling packaged liquor. Trustee Hanusiak made a motion, seconded by Trustee Weel, to adopt the ordinance increasing the number of Class C Liquor Licenses to 33. On roll call, the vote was: AYES 5 Hanusiak, Hynes, LoVerde, Preston, Weel NAYS 0 ABSENT 0 ABSTAIN 1 Przybylo There being 5 affirmative votes, the MOTION CARRIED. 6  February 23, 2010 Board Minutes Amend Section 46-1 and 46-3 Trustee Hynes stated that this amendment removes the Fire Prevention and Protection restriction that only a person who has previously attained the Personnel rank of Lieutenant can be appointed to the position of either District Chief or Deputy Chief. Additionally, the amendment indicates that the Fire Department consists of one Deputy Chief in addition to the other ranks already specified in the ordinance. Trustee Hynes made a motion, seconded by Trustee Hanusiak, to adopt the ordinance amending Sec. 46-1 and 46-3 Fire Prevention and Protection Personnel. AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Appendix B Zoning Attorney Annunzio stated that the Village cannot request a Ordinance Deleting Section single general impact fee but it can request specifically a State XI(I)(6) Special Fees Statutory allowed fee. Deleting Section XI(I) Fees (6) will more readily reflect the current impact fees State allocations for a Planned Unit Development. Trustee Przybylo made a motion, seconded by Trustee LoVerde, to adopt the ordinance amending Appendix B Zoning Ordinance deleting Sec. XI (I)(6) Special Fees for Planned Unit Development. AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. An Ordinance Providing for the Trustee Weel stated that this ordinance authorizes the Village Issuance of Not to Exceed staff to proceed with the refunding of up to $3.5 million of the $3,500,000 General Obligation 1995B, a combination of $1,090,000 in Water Fund Bonds and Refunding Bonds, Series 2010, of the 2002 $2,205,000 Police Building Bonds, Village debt if the the Village of Niles, Cook County, conditions outlined in section 12, page 27 of the parameters Illinois, and Providing for the ordinance are met. He stated that on February 25 at 11:00 a.m. Levy and Collection of a Direct an open bid process will be conducted by our financial advisor Annual Tax for the Payment of to obtain the best possible rate. By refunding these bonds the the Principal of and Interest on Village will save approximately $218,000, which is the net 7  February 23, 2010 Board Minutes Said Bonds, and Further present value, over the remaining years of the issues. There Providing for the Execution of an are potential unbudgeted costs associated with the refunding of Escrow Agreement in Connection these bonds which are estimated at approximately $28,000. with Such Issuance Finance Director Scot Neukirch gave an overview of this process, the current rate environment, and the overall tax savings to the Village. The Village of Niles currently has a rating of Aa2. Trustee Weel made a motion, seconded by Trustee LoVerde, to adopt the ordinance providing for the issuance of not to exceed $3,500,000 General Obligation Refunding Bonds, Series 2010, of the Village of Niles, Cook County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of an interest on said bonds and further providing for the execution of an escrow agreement in connection with such issuance. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Resident Rosemary Palicki, 8246 Merrill, asked about the financing for this item and its affect on property taxes. Mr. Neukirch responded that the money will come from the General Fund and, in order to get the best interest rate, we pledge property taxes which are abated at a later date. IDOT Supplemental Resolution Trustee LoVerde stated that in 2002, Gross Point Road from for Improvement by Municipality Milwaukee to Lehigh was reconstructed in conjunction with a under the Illinois Highway Code watermain project. At that time, a resolution was required for Authorizing Use of Motor Fuel the Motor Fuel Tax (MFT) fund to be used to pay for Tax Funds for Phase II construction and engineering costs. The project has been Engineering Services for Gross completed and paid for, however a supplemental resolution is Point Road/Harts Road from required to formally authorize the use of the MFT funds based Milwaukee Ave. to Lehigh Ave. upon actual expenditures. Trustee LoVerde made a motion, seconded by Trustee Hynes, to adopt the Resolution authorizing the use of Motor Fuel Tax Funds for Phase II Engineering Services for Gross Point Road/Harts Road from Milwaukee Ave. to Lehigh Ave. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel 8  February 23, 2010 Board Minutes NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Approval to Extend Contract Trustee LoVerde stated this is a request from Public Services. Parkway Tree Trimming Services In 2008, the Village of Niles approved a contract for parkway tree trimming services with Powell Tree Care, Inc. at a not to exceed cost of $84,475. As provided in the bid, the contract is renewable on a year-to-year basis for a period of three years provided the contractor maintains the original bid price and provides satisfactory performance. The contractor has met both requirements and they are asking the contract be extended. This is the second extension requested and a budgeted item. Trustee LoVerde made a motion, seconded by Trustee Preston, to approve the extension of the contract for parkway tree trimming services to Powell Tree Care, Inc. at a not to exceed cost of $84,475. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Approval to Extend Contract Trustee LoVerde stated that in 2007 the Village of Niles Lawn Restoration Services approved a contract for lawn restoration services with Brancato Landscaping, Snowplowing, Inc. at a cost of $7.90 per square yard (not to exceed $39,500) of sod. As provided in the bid award, the contract is renewable on a year-to-year basis for a period of three years provided the contractor maintains the original bid price and provides satisfactory performance. The contractor has met both requirements and they are asking the contract be extended. This is the third and final contract extension available and a budgeted item. Trustee LoVerde made a motion, seconded by Trustee Preston, to approve the extension of the contract for lawn restoration services to Brancato Landscaping, Snowplowing, Inc. at a not to exceed cost of $39,500. On roll call, the vote was: 9  February 23, 2010 Board Minutes AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Approval to Extend Contract Trustee LoVerde stated that in 2009 the Village of Niles Landscape Maintenance Services approved a contract for landscape maintenance of various municipal sites throughout the Village with Milieu Landscaping at a cost of $44,500.96. As provided in the bid award, the contract is renewable on a year-to-year basis for a period of three years provided the contractor maintains the original bid price and provides satisfactory performance. There were some problems when Milieu first started, however, these problems have been rectified and they haves since performed admirably. The contractor has met both requirements and this would be the first extension requested. Trustee LoVerde made a motion, seconded by Trustee Preston, to approve the extension of the contract for landscape maintenance services. Trustee LoVerde noted that, as was previously requested, the Village will be doing their own mulching for a savings of $15,900. An additional request will be coming later this year for a quote to install flowers at the Senior Center, not a part of this bid. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Resolution for Membership in the Trustee Preston stated that this resolution has been Pension Fairness for Illinois recommended by the Northwest Municipal Conference at their Communities Coalition last meeting. The Pension Fairness for Illinois Communities is a coalition of local governments and other concerned entities that have been founded with the mission of pursuing much needed pension reforms. The Village of Niles appreciates the outstanding effort put forth by our public safety employees in protecting our community and we recognize our obligation to provide our public safety employees with a fair pension that reflects their service to our community. The cost of providing General Assembly determined pension benefits has put a great 10  February 23, 2010 Board Minutes financial strain on our community and our taxpayers. The Village of Niles is committed to working together to implement fair and long-term changes that will ensure the sustainability of these pension funds without placing an overwhelming burden upon our taxpayers or leaving communities unable to provide basic services. The Village supports this mission and would like to become a member of the Pension Fairness for Illinois Communities Coalition which includes $1,000 for membership. Trustee Preston made a motion, seconded by Trustee Hynes, to adopt the resolution for membership in the Pension Fairness for Illinois Communities Coalition. President Callero added that we recognize the fact that we have pension commitments to our safety services and public works, etc. This coalition is not to take any of that away, but is trying to reorganize for the future. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. PETITIONS FOR REFERRAL President Callero stated there is one Petition for Referral to the Plan Commission and Zoning Board of Appeals: 10-ZP-04 John Hickey, Agent for Clearwire Special Use to Co-Locate Two Microwave Dishes on an Existing Monopole Tower 6849 Touhy Ave. Trustee Preston made a motion, seconded by Trustee Weel, to refer petition 10-ZP-04 to the Plan Commission and Zoning Board of Appeals. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. 11