Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES April 27, 2010 7:00 p.m. CALL TO ORDER The Board of Trustees meeting was called to order at 7:00 p.m. by President Robert M. Callero in the Council Chambers, Village of Niles Municipal Building, on Tuesday, April 27, 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 Weel, to go into Executive Session to discuss personnel issues. On roll call, all concurred. REGULAR MEETING The Regular Board of Trustees meeting was called to order at 8:03 p.m. by President Callero. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by President Callero. ROLL CALL On roll call, the following Trustees were present: Hanusiak, Hynes, LoVerde, Preston, Przybylo, and Weel. APPROVAL OF MINUTES Trustee LoVerde made a motion, seconded by Trustee Weel, to approve the minutes of the March 23, 2010, Board Regular Board Meeting meeting, as submitted. On roll call, the vote was: March 23, 2010 AYES 5 Hanusiak, Hynes, Preston, Przybylo, Weel NAYS 0 ABSENT 0 ABSTAIN 1 LoVerde There being 5 affirmative votes, the MOTION CARRIED. Special Budget Review Meetings Approval postponed to next meeting, May 25, 2010. March 22 and April 8, 2010 PROCLAMATIONS In Memory of the Polish Leaders Honoring the Memory of Polish President Lech Kaczynski, his wife Maria, and all the leaders and victims of the tragedy of April 10, 2010 Arbor Day April 30, 2010  April 27, 2010 Board Minutes President Callero invited everyone to attend an Arbor Day tree planting at the Niles Rain Garden on April 30 at 10:30 a.m. Building Safety Month May 2010 PRESENTATIONS None. ANNOUNCEMENTS Mother’s Day Remembrance of President Callero read a letter from Mayor Daley asking us Victims of Gun Violence to join him on Mother’s Day, May 9, 2010, in remembering the victims of gun violence and to highlight the ongoing challenge we face to better address this issue. Dine In Niles Program In an effort to encourage our shop local campaign, Denise McCreery, Business Coordinator, announced a new program, Dine In Niles, to encourage residents to dine at our many diverse local eateries. All Niles residents will receive, free of charge, a 10 percent discount card in the mail that may be used at the 45 participating restaurants. The cards are valid from May 2010 through April 2011. This program will benefit both the restaurants by providing more business and our residents who will receive a 10 percent discount. Participating restaurants are listed on the Dine In Niles card, on the Village website, in our Focus on Niles newsletter, and on our cable access channel. TRUSTEE REPORTS Board of Ethics Trustee LoVerde stated that the Board of Ethics met on Trustee LoVerde February 16 and conducted a complete review of the Ethics Code with the Citizens Compliance Plan Committee. The next meeting is April 29, 2010, where the document language will be reviewed one final time and at which time Trustee LoVerde plans to recommend to the Ethics Board whether the final version should be reviewed by a third party for its legality and enforcement prior to recommending it to the Board of Trustees. In response to the amount of time that has been spent to adopt this new ordinance, Trustee LoVerde stated that the importance of getting this correct outweighs the time required. He thanked the members of the Ethics Board and Citizens Compliance Plan Committee for their time and effort. 2  April 27, 2010 Board Minutes VILLAGE MANAGER’S REPORT 2010 Census Village Manager George Van Geem announced that the Village of Niles has been cooperating with the U.S. Census Bureau and encouraging our residents to be counted and return their census forms. The mail campaign is over and the Village had a successful 76 percent return rate. Homeowners and residents who did not return a form by mail will be visited by the U.S. Census canvassers. OLD BUSINESS Special Use to Install Three President Callero stated that this is a request for a special use Microwave Backhaul Dish to Section IX(B)(2)(d) to install three microwave backhaul Antennas on an Existing dish antennas on an existing monopole cell tower at 7007 N. Monopole Cell Tower Austin Ave. This was approved 6-0 by the Plan Commission 7007 N. Austin Ave. and Zoning Board of Appeals. 10-ZP-05 Chad Gargrave, from Black & Veatch, was present on behalf of the petitioner Clearwire. Three carriers are currently on the tower: Sprint, AT&T and T-Mobile. Clearwire attaches the additional antennas in order to fill out the 4G WiMax wireless broadband service on behalf of Sprint and Clearwire, who both use the same antennas to provide wireless internet for their customers. No additional land space is needed. After visiting the site, Trustee Preston asked for clarification on exactly where these antennas will be placed on the rod and, in the future, requested Chuck Ostman, Community Development Director, for a picture of what these antennas will actually look like. Trustee Hanusiak questioned if there are limits to the number of antennas in regard to interference. Mr. Gargrave responded that there are limits, however, because the signals are different between the carriers, they tend not to interfere with Fire & Police and the other carriers. Trustee LoVerde expressed concern regarding the wording in the Project Summary “will not cause substantial injury to the value of other property in the neighborhood”. Mr. Gargrave explained that this a standard part of many municipalities zoning code to ensure that there is not substantial injury to the property values or will impair the development or use of the existing properties in the area. In his experience, there is not substantial injury or impairment of use because of the small footprint of these areas and the fact that they work with the Village in order to site these in the best possible location. 3  April 27, 2010 Board Minutes This is an ideal site in a manufacturing district on an existing tower. Trustee Przybylo made a motion, seconded by Trustee Hynes, to adopt the ordinance approving a special use to install three microwave backhaul dish antennas on an existing monopole cell tower at 7007 N. Austin Avenue. 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. Special Use for the Installation of President Callero stated this is a request for a special use to an Electronic Message Center Section 78-217(9) for the installation of an electronic 7777 N. Caldwell Ave. message center at A-American Flooring at 7777 N. Caldwell 10-ZP-06 Ave. with the following conditions: 1) the messages on the sign be provided with an automatic dimmer to control brightness for nighttime viewing; lighting from the message center shall not exceed a maximum of 5,000 nits during daylight hours and 500 nits between dusk and dawn; 2) the messages shall not consist of flashing, scintillating, chasing or animated lights including animated pictorial graphics; and 3) the text shall be uniform and in monocolor or in other words, in a single color. The Plan Commission and Zoning Board of Appeals recommended approval by a vote of 6-0. Trustee Przybylo made a motion, seconded by Trustee LoVerde, to adopt the ordinance approving a special use for the installation of an electronic message center at 7777 N. Caldwell Ave. with the three conditions listed above. 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. Special Use for a Full Service President Callero stated this is a request for a special use to Restaurant and Food Carryout Appendix B, Section VIII (B)(3)(z) for a full service Service restaurant and food carryout store at 8600 W. Golf Road 4  April 27, 2010 Board Minutes 8600 W. Golf Road #500 #500. The Plan Commission and Zoning Board of Appeals 10-ZP-07 recommended approval by a vote of 6-0. Atul Karkhani, present on behalf of petitioner, stated this request is for a standard Papa John’s carryout pizza. Although the request is for a full service restaurant and carryout service, because the space is small they will currently only do carryout and delivery. Trustee Preston asked what can be done about a low rise old Giordano’s sign at the west exit of this shopping center which blocks the view of oncoming traffic. Mr. Ostman will check the sign code regarding abandoned signs. Trustee Weel made a motion, seconded by Trustee Preston, to adopt the ordinance approving a special use for a full service restaurant and food carryout service at 8600 W. Golf Road #500. 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. NEW BUSINESS Abating a Portion of the 2009 Trustee Weel stated that this is an annual abatement Tax Levy of the Village of Niles eliminating all but $425,000 of the scheduled 2009 property for the Fiscal Years Beginning tax levy for outstanding Village bonds which will be paid by May 1, 2009 and Ending April 30, other revenue sources. $5,448,811.65 of the total 2011 in the Amount of $5,873,811.65 debt service payments on these bonds will be $5,448,811.65 paid from revenues which have been generated from the TIF increment, water fund revenues, or the home rule portion of sales tax. This is a 9.9% abatement as opposed to the 10% discussed at the open budget hearings. Trustee Weel made a motion, seconded by Trustee LoVerde, to adopt the ordinance approving abating a portion of the 2009 tax levy of the Village of Niles for the fiscal years beginning May 1, 2009, and ending April 30, 2011, in the amount of $5,448,811.65, with the assurance of the Finance Director and the Village Manager that they will continue to look at additional revenue sources and expenditure cuts during the budget to fully implement what they have discussed and to see if there are other options for further 5  April 27, 2010 Board Minutes reduction in the negative balance. Trustee Hanusiak agreed that we continue to find other ways to cut costs and confirmed with the Village Manager that all of the $425,000 will go to the Police and Fire Pension. Trustee Preston asked that the Board review the Milwaukee Touhy TIF before April 30, 2011, to see if in the future they will abate as much money as today to the debt service for the ramp to the Police Station, a possible elevator for visitors, and the wall of the parking area which needs attention. President Callero asked the Village Manager to take note of this. Trustee LoVerde stated that during our many hours of the budget workshops this Board accomplished its first priority of bringing about change for a new budget procedure. Honest and spirited discussions took place in an open and transparent forum. Important information was provided to our residents regarding current services Niles provides and the challenges we face during the difficult economy to protect these very services that enhance the safety, health and general welfare of our citizens. The Bus System, Family Services, the medical Life Line, Police, Fire and Public Works all equate to a well-balanced community that cares about its people. Cutting costs from over $4 million to under $2 million helped tremendously; although we are still left with a deficit of $1.8 million. Trustee LoVerde voted yes on this abatement ordinance with the understanding to continue to reduce costs and shrink government before these valuable services are eliminated. 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. Reserving Volume Cap in Trustee Weel stated that each calendar year, Illinois Connection with Private Activity communities are granted private activity bonding authority Bond Issues and Related Matters from the State of Illinois. The purpose of this bonding authority is to encourage economic development by enabling developers to finance projects by issuing tax-exempt bonds. Niles’ 2010 bonding authority is equal to $90 per resident, 6  April 27, 2010 Board Minutes estimated population of 28,666 and totals of $2,579,940. The State requires that the Village reserve its allocation by approving an ordinance prior to May 1, 2010. As of today’s date, no Niles business or developer has expressed an interest in using the Village’s 2010 volume cap; nevertheless, the Village Board must take action to reserve its allocation so it may be used for our purposes or sold to another community for a fee later this year. Trustee Weel made a motion, seconded by Trustee Hynes, to adopt the ordinance reserving volume cap in connection with private activity bond issues and related matters. 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 Chapter 94 Taxation Trustee Hanusiak stated that this ordinance imposes a new Add Local Motor Fuel Tax 2.5 cents per gallon tax on the sale of motor fuel in the Village of Niles. This tax is consistent with the surrounding communities. Staff estimates that this local motor fuel tax will generate $455,000 annually based on the average receipts of our surrounding communities. The effective date of this new tax is July 1, 2010, in order to give staff time to notify the businesses and the businesses time to implement the tax. Trustee Hanusiak made a motion, seconded by Trustee LoVerde, to adopt the ordinance adding Article XII Local Motor Fuel Tax to Chapter 94 Taxation in the amount of 2.5 cents per gallon effective July 1, 2010. 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 Sec. 98-84 Increase Trustee LoVerde stated that this ordinance changes the Vehicle License Fees vehicle sticker fees for the Village of Niles. The last increase was in 2003 when stickers went from $15 to $25 for 7  April 27, 2010 Board Minutes passenger cars and the senior rate went from $5 to $10. Truck stickers were not raised at that time. This ordinance raises the normal passenger car vehicle fee from $25 to $40. The senior fee remains at $10. Various other truck and special vehicle fees have also been adjusted. This increase brings the Niles stickers more in line with the surrounding communities and should generate an additional $230,000 in revenue. Trustee LoVerde made a motion, seconded by Trustee Hynes, to adopt the ordinance amending Chapter 98 Traffic and Vehicles, Sec. 98-84 Fees, raising passenger car vehicle fees to $40 and adjusting various other truck and special vehicle fees. 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 Sec. 102-123 Increase Trustee Hynes stated that the City of Chicago has raised its Water Rates water rates in 2008 by 15 percent; 15 percent in 2009, and 14 percent in 2010. In order for the Village of Niles Water Fund to continue to support its expenses and provide for future infrastructure needs, the Village staff is requesting an increase of 10 percent to its water rate as of June 1, 2010. This would increase the current water rate from $4.59/1000 gallons to $5.05/1000 gallons. This increase equates to an annual increase of about $55 for the average residential home. Even with this increase, the Village of Niles water rate is still among the lowest in the area. Trustee Hynes made a motion, seconded by Trustee LoVerde, to adopt the ordinance amending Sec. 102-123 to increase water rates by 10 percent as of June 1, 2010. 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. 8  April 27, 2010 Board Minutes Amend Chapter 98 Traffic and Trustee Przybylo stated that Village staff recommends Vehicles - Add Sec. 98-440 approval of an ordinance adding Article XI Vehicle Seizure through 406 Vehicle Seizure and and Impoundment to the Village of Niles Municipal Code. Impoundment This proposed ordinance establishes police authority to seize and impound motor vehicles used in connection with illegal activities within the Village of Niles to impose a $500 administrative penalty. These activities include: driving under the influence; driving with suspended/revoked license; driving without a valid license; driving while in possession or attempting to possess illegal/controlled substances; driving while involved in prostitution or soliciting a prostitute; driving with illegal firearm; and driving a vehicle used in retail theft. The proposed policy embraces a zero tolerance policy for certain illegal activities encouraging a safe community and the fees allow the municipality to recoup a portion of the costs associated with investigating and prosecuting these crimes. Trustee Przybylo, Trustee Weel, and Trustee Preston had questions regarding the wording of this ordinance. They asked the Village Attorney and staff to clarify 1) the definition of “driving without a valid driver’s license”; 2) if the owner is found not guilty, reimbursement of bond, return of vehicle, 3) transfer of possession of car to a third-party who can lawfully operate the vehicle. Trustee Przybylo moved to postpone this ordinance until next month, seconded by Trustee Preston. President Callero stated that this ordinance will be addressed at the next meeting. Amend Chapter 2 Administration Trustee Preston stated that it was determined during the Add Sec. 2-263 Department of lengthy budget discussions that membership fees needed to Senior Center be initiated at the Niles Senior Center. Membership fees recommended are $20 per year for an individual and $30 per year for a couple. The minimum age for membership has been changed from 62 to 55. Membership is only for Niles residents. Trustee Preston made a motion, seconded by Trustee Hynes, to adopt the ordinance adding Sec. 2-263 Department of Senior Center with membership fees of $20 per year for an individual and $30 per year for a couple, and changing the minimum age for membership to 55. On roll call, the vote was: 9  April 27, 2010 Board Minutes AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Amend Sec. 98-166 Overnight Trustee Hynes stated that this is a request from the Niles Taxicab Parking Hours Police Department that Sec. 98-166(e) be changed from no overnight parking to no parking between 10:00 p.m. to 7:00 a.m. for taxicabs. This allows for easier enforcement. Trustee Hynes made a motion, seconded by Trustee LoVerde, to adopt the ordinance amending Sec. 98-166(e) no taxicab parking on any residential street between the hours of 10:00 p.m. and 7:00 a.m. 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. Salary and Compensation for Trustee Przybylo announced the following salary Village of Niles Employees for recommendations for Village of Niles employees: full-time, Fiscal Year 2011 non-union positions increase salary by 3 percent - progression in grade and step resumes, however, the number of steps is increased to 11 and each step is redefined as being 2.469 percent higher than the preceding step in each grade; full-time, union positions in Public Works and Fire – as defined in current contract; full-time union positions in Police – no increase due to contract negotiations; part-time Village staff – no increase, but wages will be adjusted if necessary to comply with Federal minimum wages; and directors – ordinance reads at manager’s discretion, not to exceed 3 percent; however, the Trustees agreed it should be changed to read “increase salary by 3 percent”. Trustee Przybylo made a motion, seconded by Trustee Hanusiak, to approve the recommendations of the Village Manager concerning salary and compensation for the employees of the Village of Niles from May 1, 2010 to April 30, 2011 as listed above. Trustee LoVerde commented that when the Trustees are asked to make these decisions many factors come into play. 10  April 27, 2010 Board Minutes He stated that it is very easy to say no, but we are talking about full-time employees in non-union positions who have years of experience who have no negotiating team or labor lawyers making demands on their behalf. Every employee in the Village of Niles is important, union or non-union. Trustee LoVerde added that the non-union employees need to know that the Board is their voice and they too have representation. He feels they have earned it and deserve it. On roll call, the vote was: AYES 5 Hanusiak, Hynes, LoVerde, Przybylo, Weel NAYS 1 Preston ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Rosemary Palicki Resident Rosemary Palicki commented that the residents 8246 Merrill have not heard anything on salary increases until tonight and that the public should be given some information. She doesn’t deny anyone an increase, but in times when this budget has cut back on services needed by the people the residents should have some information on how the salaries of the employees are being reflected. Construction on State Highway Trustee Preston stated that in order to construct, operate and Resolution in lieu of a Surety maintain the driveways and street returns, watermains, Bond sanitary and storm sewers, street lights, traffic signals, sidewalks, landscaping, etc. on State highways within the Village of Niles, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois, an individual working permit must be obtained from the Department of Transportation. A surety bond is required with each permit application to insure that all work is completed in accordance with state specifications. For work performed by employees of a municipality, a resolution is acceptable in lieu of the surety bond pursuant to State Statute. Trustee Preston made a motion, seconded by Trustee Hynes, to adopt the Construction on State Highway Resolution in Lieu of a Surety Bond, with a correction on page 1, line 10: change “of” firm to “or” firm. On roll call, the vote was: AYES 6 Hanusiak, Hynes, LoVerde, Preston, Przybylo, Weel NAYS 0 11  April 27, 2010 Board Minutes ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Disposal of Surplus Equipment Trustee Hanusiak stated that this is a request from the Police from Police Department Department for approval of a resolution authorizing the sale of a Canon copier, Model IR5000, serial #MPL20202, asset tag number 12548 originally purchased on May 2, 2002 for $11,823. Trustee Hanusiak made a motion, seconded by Trustee LoVerde, to adopt the resolution authorizing the sale of personal property owned by the Village of Niles Police Department. 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. Trustee Przybylo cautioned about the information stored on the hard drive of the copier and Chief Strzelecki added that they have already contacted the company about deleting this information. Information Development Trustee Weel stated that this is a request for Board approval Consultants (IDC) Annual for renewal of the annual Information Development Financial Software License and Consultants (IDC) financial software license and Maintenance Contract Renewal maintenance contract which is only available from IDC. This is a budgeted item for $30,000 and the amount for approval is $27,900. Trustee Weel made a motion, seconded by Trustee LoVerde, to approve the renewal of the IDC software license and maintenance contract in the amount of $27,900. Trustee Hanusiak asked Finance Director Scot Neukirch how often they use their support and if it was a government application. Mr. Neukirch responded that the Village uses the IDC services on a daily basis and has for about 15 years. To transition to another system would mean an overhaul of all the Finance Department software. 12  April 27, 2010 Board Minutes 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 Bid for Uniforms for Trustee Przybylo stated this is a request for authorization to Public Services Employees go out to bid for uniforms for Public Services employees as provided for under the Public Works collective bargaining agreement, as well as non-union employees, such as full and part-time bus drivers. Trustee Przybylo made a motion, seconded by Trustee Hanusiak, to authorize approval to go out to bid for uniforms for Public Service employees. 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. Trustee Preston stated that it has been brought to her attention that the Fitness Center staff does not wear uniforms and she thinks that they should be identified as employees. President Callero asked Mr. Van Geem to discuss this with Fitness Center Director Carl Maniscalco. Bid Award – 2010 Sidewalk, Curb Trustee LoVerde stated that bids were received from five & Gutter Program firms for the 2010 Sidewalk, Curb & Gutter Replacement Program. Schroeder and Schroeder provided the lowest base contract price of $206,390 and has met all bid requirements. This is currently $6,390 over budget and, per Trustee LoVerde, Public Services Director explained that there was a $6 per cubic yard increase in concrete from the time the bids were submitted and he will adjust the quantities to keep it in line with the budgeted amount of $200,000. Trustee LoVerde made a motion, seconded by Trustee Hanusiak, to award Schroeder and Schroeder the 2010 Sidewalk, Curb & Gutter Program. On roll call, the vote was: 13