Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES VILLAGE OF NILES February 22 2011 6 0 0pm CALL TO ORDER The Board of Trustees meeting was called to order at 0 6 0m p by President Robert M Callero in the Council Chambers Village of Niles Municipal Building on Tuesday February 22 2011 ROLL CALL On roll call the following Trustees were present Chris Hanusiak Joe LoVerde Louella Preston Andrew Przybylo and Alan Weel Trustee James Hynes was absent at roll call EXECUTIVE SESSION Moved by Trustee Weel seconded by Trustee Hanusiak to go into Executive Session to discuss personnel issues per 5 ILCS 2 On roll call all concurred c 120 PRE BOARD MEETING The Board reconvened and the PreBoard meeting was called to Committee of the Whole order at 2 7 0 mp by President Callero All Trustees were present Hanusiak Hynes LoVerde Preston Przybylo and Weel Comprehensive Plan Update Trustee Przybylo Chairman of the Building Zoning Houseal Lavigne Committee introduced John Houseal from Houseal Lavigne John Houseal to give an update on the Comprehensive Plan Mr Houseal reported that the Comprehensive Plan process is wrapping up step four of seven steps He summarized the Existing Conditions Synthesis Report for the Comprehensive Planning process available online To date they held a project initiation workshop with staff and the advisory committee a community workshop a business workshop and 90100 people attended a vision workshop The feedback they received was excellent Approximately 70 high school and junior high students were tracking this workshop on Facebook and some also participated in the actual twohour workshop About 225 residents returned surveys and 30 businesses completed questionnaires online Mr Houseal explained that outreach and participation is a challenge in every community and commended the staff on doing a nice job getting the word out All this information has been used to draft the vision statement and preliminary goals and objectives that will be submitted next week and reviewed on March 15 by the Comprehensive Plan Subcommittee  February 22 2011 Board Minutes The next step will be development of corridor subarea plans for Milwaukee Touhy Golf and Dempster followed by Village wide plans that cover land use and development transportation and mobility open space and environmental features community facilities urban design and community character a sustainability framework plan arts and culture and implementation strategies The Board will be updated periodically throughout the planning process Mr Houseal is not meeting with the Board of Trustees this was not part of the plan Groot Contract Extension Steve Vinezeano Assistant Village Manager stated that the Steve Vinezeano Village of Niles entered into a single hauler commercial solid waste agreement in the summer of 2008 The agreement set standard rates for various service levels the matrix Any business below those rates was allowed to stay lower until May 1 2011 at which time it would move to its standard rate As of May 1 2011 there are 56 Village businesses that are scheduled to receive an increase of greater than 15 Of those 26 will be greater than 50 and 9 greater than 100 Groot has offered to make the transition less painful by capping any annual increase at 7 In exchange for their revenue deferral they request a twoyear extension to their current contract The term would be extended from August 30 2015 to August 30 2017 allowing the Village to effectively limit annual escalators on grandfathered businesses to no more than 7 until such time that they match the matrix rate which is tied to the Consumer Price Index Mr Vinezeano stated that this is a great opportunity to reduce the costs to these businesses significantly and Groot is willing to bear the extra cost for a twoyear extension An ordinance authorizing the execution of an amended agreement with Groot Industries for collection and removal of commercial industrial and institutional solid waste will be discussed later on the agenda The Regular Board of Trustees meeting was called to order at 8 1 8p m by President Callero MOMENT OF SILENCE President Callero asked for a moment of silence for Retired FOR RETIRED TRUSTEE Trustee Bart Murphy who served the Village faithfully for 31 BART T MURPHY years and passed away February 2 2011 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 K  February 22 2011 Board Minutes APPROVAL OF MINUTES Trustee LoVerde made a motion seconded by Trustee Hynes to approve the minutes of the January 25 2011 Board meeting Regular Board Meeting On roll call the vote was January 25 2011 AYES 6 Hanusiak Hynes LoVerde Preston Przybylo Weel NAYS 0 ABSENT 0 There being 6 affirmative votes the MOTION CARRIED PROCLAMATIONS None PRESENTATIONS None REPORT FROM VILLAGE S OFFICE MANAGER February 1 2 2011 Blizzard Assistant Village Manager Steve Vinezeano stated that 1 inch snowfall 20 approximately 182 822 was spent by the s Village Police Department Fire Department and mostly Public Services during the February 1 2 2011 20 1 inch snowfall which included overtime equipment rental and salt Additional charges including equipment depreciation costs bring the total to almost 000 Public Works had 40 pieces of equipment out and 250 staff staggered shifts and worked 24 hours until all streets alleys and culdesacs were cleared During this time Public Works staff also dealt with six water main breaks If the Federal government declares a state of emergency we will receive 75 percent back Nonessential Village buildings were closed on February 2 A reverse 911 call notified residents of the upcoming storm and building closures Ongoing information was scrolled on Channel 6 and the website was updated throughout the storm President Callero thanked and commended the Public Works Fire Police and Administration for their handling of this emergency with special thanks to Assistant Village Manager Steve Vinezeano for coordinating the efforts TRUSTEE REPORTS Board of Ethics Trustee LoVerde reported that to date there are 54 documented Trustee LoVerde ethics complaints of which 25 are unrelated with no further action required The remaining complaints after it was determined that they were not violations of our ethics code were forwarded to the appropriate departments or outside agencies for followup Later on this evening s agenda are additional minor changes to the Ethics Ordinance approved at the last meeting  February 22 2011 Board Minutes Stormwater Commission Trustee LoVerde reported that the Stormwater Commission has Trustee Lo Verde stepped up its meetings with hopes to have a PreBoard presentation by Hey Associates at the March Board meeting along with several revised ordinances to be presented for Board approval and adoption Northwest Municipal Trustee Preston reported that the NWMC met on February 9 Conference NWMC They heard a report on the Metropolitan Water Reclamation Trustee Preston District infiltration and inflow issue and ongoing negotiations with surrounding towns and villages It was approved for NWMC to get two grants totaling 66 000 from the Cook County Department of Public Healths Model Communities Grant program which will allow the NWMC to develop a bicycle facilities plan along Northwest Highway from Barrington to Park Ridge and a bicycle signage plan for all Cook County communities The NWMC will lobby in Springfield from March 15 17 Trustee Preston Trustee Hanusiak President Callero and Village Attorney Annunzio attended the annual legislative brunch on January 29 along with our state legislators Senator Dan Kotowski Representative Elaine Nekritz Representative Mike McAuliffe U S Congresswoman Jan Schakowsky and Toni Preckwinkle President of the Cook County Board Solid Waste Agency of Trustee Preston announced that at the Solid Waste Agency of Northern Cook County Northern Cook County s next meeting they will be reviewing the Trustee Preston upcoming budget Trustee Preston reported that on January 28 the Interfaith Housing Center of the Northern Suburbs held an institute which included 16 surrounding municipalities After a year of study the University of Illinois at Chicago put together a document entitled Open to All Different Cultures Same Communities Open House A look at Immigrants and Housing in Chicago s Northern Suburbs This book will be available in the Village s Office and another book will be forwarded to Houseal Clerk Lavigne the Comprehensive Plan Consultants to become part of our 2030 vision Building Zoning Committee Trustee Przybylo reported on the progress of the Comprehensive Trustee Przybylo Plan and activities at the January 27 Visioning Workshop attended by approximately 90 people He reported that the Sign Code was reviewed at the February 7 2011 Plan Commission and Zoning Board of Appeals meeting and will be presented to the Board of Trustees for their review at a future meeting Finance Committee No report Trustee Weel 4  February 22 2011 Board Minutes STATEMENT RE VIDEO President Callero stated that Niles Ordinance 2011 02 Banning GAMING ORDINANCE Video Gaming in Niles was passed on January 25 2011 On President Callero January 26 2011 the Illinois Appellate Court struck down Public Act 9634 in its entirety which is the 2009 Capital Bill which contains video gaming legislation The Illinois Supreme Court has put a stay on the Appellate Court Decision and will review it in the future President Callero stated that immediately after passage of Niles Ordinance 2011 02 he strongly considered vetoing the ordinance It is his opinion that it is impossible to vote on unknowns as was done Because Trustee Hanusiak stated that the trustees can vote at a later time to remove the ban video gaming will not be operational until 2012 at the earliest and then the striking down of the Act by the Appellate Court the following day President Callero stated that he will not veto Ordinance 2011 02 but he will also not sign Ordinance 2011 02 Legally if an ordinance is not signed it becomes law OLD BUSINESS Special Use to Operate a President Callero stated this is a request for a Special Use to Dental Clinic Appendix B Section VIII n 3 B n to Operate a Dental Clinic 7886 N Milwaukee Ave at 7886 N Milwaukee Avenue The Plan Commission and I 1 ZP01 Zoning Board of Appeals approved this by a vote of 7 0 Harry Major owner of Oak Mill Mall was present on behalf of the Petitioner Trustee Przybylo made a motion seconded by Trustee Hynes to adopt the ordinance approving a Special Use to Operate a Dental Clinic at 7886 N Milwaukee Avenue On roll call the vote was AYES 4 Hanusiak Hynes Preston Przybylo NAYS 0 ABSENT 0 ABSTAIN 2 LoVerde Weel There being 4 affirmative votes the MOTION CARRIED No Parking South Side of President Callero announced that this agenda item has been Jonquil Terrace removed from the agenda Due to ongoing negotiations with removedfrom agenda apartment and townhouse complex owners and commercial property owners which may affect the parking situation this item will be suspended until all negotiations are finalized Authorizing the Village of President Callero stated that this lease was not approved at the Niles to Renew a Lease of last Board meeting and since then the renewal terms have been Village Property with the changed Village Manager George Van Geem provided some United States Postal Service historical background stating that the Post Office was built in 1974 75 and owned by a land trust that was also owner of the 5  February 22 2011 Board Minutes Lawrencewood Shopping Center The property came to the Village in a court action in the early 80 s which included the ground the Post Office is on Since then the Village and Post Office have entered into fiveyear leases the first one was for approximately 000 48 per year and steadily increased to 000 per year where it is now The 120 120 000 rent supports the Civic Center TIF District Mr Van Geem stated that since the last meeting he has contacted the Post Office and they agreed to drop the renewal terms This Ordinance will authorize another fiveyear lease term at rents from 110 000 to 125 000 Mr Van Geem added that this property was appraised for 2 5 million in the current public use zoning and believes that the rents are reasonable Trustee Preston was only in favor of approving a one year lease until the Comprehensive Plan is complete to see what the vision for the future of this area would entail Trustee Przybylo made a motion seconded by Trustee LoVerde to adopt the ordinance authorizing the Village of Niles to renew a fiveyear lease of Village property with the United States Postal Service On roll call the vote was AYES 6 Callero Hanusiak Hynes LoVerde Przybylo Weel NAYS 1 Preston ABSENT 0 There being 6 affirmative votes the MOTION CARRIED NEW BUSINESS Amend Sec 2401 through Trustee LoVerde stated that last month the Board adopted the 2410 Public Employees Ethics Ordinance and Consulting Attorney Everette Hill stated Ethics Act during the PreBoard that he had some changes to this document Attorney Annunzio added that the ordinance was amended to include Attorney Hill s suggested changes which were nonsubstantive and makes the document easier to understand There were two changes in Sec 2410 Enforcement and Penalties Under Discipline for Employees the sentence stating that the Village Manager may take disciplinary action against an employee was stricken because only the Board can hire and fire Trustee Preston s recommended change was added stating that for employees covered under a collective bargaining agreement discipline will be given in accordance with their collective bargaining agreement Trustee LoVerde announced that Attorney Annunzio is now the Compliance Officer and he will schedule training for elected officials and employees All disclosure statements described in 6  February 22 2011 Board Minutes the Code shall be filed with the Village Clerk before July 1 Trustee LoVerde made a motion seconded by Trustee Hynes to adopt the ordinance amending Sec 2401 through 2410 of the Ethics Code 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 Authorizing the Execution of Trustee Hynes stated that this is a request for approval of an an Amended Agreement with amendment to extend the contract between the Village of Niles Groot Industries for Collection and Groot Industries Inc for collection and removal of and Removal of Commercial commercial solid waste This is an extension of two additional Industrial and Institutional years of the contract through August 30 2017 with the Solid Waste provision that no increases of those who are under the matrix discussed during the PreBoard meeting would be more than 7 per year Trustee Hynes made a motion seconded by Trustee Weel to adopt the ordinance authorizing the execution of an amended agreement with Groot Industries Inc for Collection and Removal of Commercial Industrial and Institutional Solid Waste for an additional twoyear period from September 1 2015 through August 30 2017 Trustee Hynes summarized that there are 3 1 00 to 4 1 00 businesses subject to this contract and any business in Niles can go to the matrix in the contract and know exactly what they are paying There are currently 56 businesses under the matrix price because when the contract was approved in 2008 they had negotiated a lower price for that same service Trustee Hanusiak asked about the process for exempting a business from this contract to which Mr Van Geem responded that any requests for exemption would go before the Board Trustee Weel asked staff to make sure that this extension includes that there will be no fuel surcharges and it s spelled out within the contract On roll call the vote was AYES 5 Hanusiak Hynes Preston Przybylo Weel NAYS 0 ABSENT 0 ABSTAIN 1 LoVerde h  February 22 2011 Board Minutes There being 5 affirmative votes the MOTION CARRIED Amend Article IV Towing Trustee Przybylo stated that pursuant to state law the Village of Unauthorized Vehicles from Niles will require that all noticewarning signs for towing be 24 Private Property Sec 110104 inches in height by 36 inches in width Size of Warning Notice Signs Trustee Przybylo made a motion seconded by Trustee LoVerde to adopt the ordinance amending Sec 110104 requiring that all noticewarning signs for towing unauthorized vehicles from private property shall be 24 inches in height by 36 inches in width Public Comment Harry Major Oak Mill Mall Mr Major commented that Oak Mill Mall has a sign at every curb cut and wanted to know how this ordinance affects that signage Community Development Chuck Ostman will check the ordinance and get back to him 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 Adopting the Trustee Preston stated that starting July 1 2010 a new law limits Village of Niles Identity state and local government agencies ability to use an Protection Policy s social security number The Identity Protection Act individual also requires each state or local government agency including school districts villages cities and townships to develop and implement an identify protection policy The Act requires each local government agency to draft and approve a policy by June 1 2011 and sets forth five requirements that the protection policy must meet Trustee Preston made a motion seconded by Trustee Hynes to adopt the Resolution Adopting the Village of Niles Identity Protection Policy 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  February 22 2011 Board Minutes Approval to Bid Out Fiscal Trustee LoVerde stated that this is a request from Public Year 2012 Lawn Restoration Services to go out to bid for lawn restoration services due to Program water leaks sewer repairs and other utility work at various locations on Village owned property and easements Trustee LoVerde made a motion seconded by Trustee Preston to authorize approval to go out to bid for the Fiscal Year 2012 Lawn Restoration Program 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 Out Fiscal Trustee LoVerde stated that this is a request from the Public Year 2012 Sidewalk Curb Services Department for approval to seek bids for the 2011 Gutter Program Sidewalk Curb Gutter Program This is a yearly program and is budgeted for Fiscal Year 2012 Trustee LoVerde made a motion seconded by Trustee Hanusiak to authorize approval to go out to bid for the FY2012 Sidewalk Curb Gutter Program 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 Bid Award Ballard Pumping Trustee Hanusiak stated that this item was on last month s Station Project agenda and at that time was sent out to be rebid Staff received three bids for the replacement of Pump One and the installation of a Variable Frequency Drive VFD and related controls at the Ballard Pumping Station The objective of this project is to reduce energy consumption reduce operational cost and to increase the life of the pump system by reducing unnecessary use The estimated annual cost savings for this energy efficiency project is 27 000 This project will be 100 funded by grants Trustee Hanusiak made a motion seconded by Trustee LoVerde to award the bid for the Ballard Pumping Station Project to the lowest bidder Illinois Pump Inc in the amount of 86 383 184 On roll call the vote was Z  February 22 2011 Board Minutes AYES 6 Hanusiak Hynes LoVerde Preston Przybylo Weel NAYS 0 ABSENT 0 There being 6 affirmative votes the MOTION CARRIED Bid Award Touhy Avenue Trustee Weel stated that this is a request from the Public Pumping Station Electrical Services Department for authorization to award the bid to and SCADA Remodeling complete Phase I improvements at the Touhy Avenue Pumping Phase I Station including updating and replacement of the existing electrical and pump controls construction of liquid a disinfection feed system to replace the existing gas chlorination system replacement of chlorine analyzers and construction of a new motor control center to Argon Electric Company of Buffalo Grove Illinois at a cost of 459 000 This is Phase I of a three phase project 879 000 has been budgeted for the overall project in the FY2012 budget Trustee Weel made a motion seconded by Trustee Przybylo to award the bid for the Touhy Avenue Pumping Station Project to Argon Electric Company in the amount of 459 000 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 11 ZP02 REFERRAL Ireneusz Ryzewski Special Use to Operate a Video Rental Store 8109 N Milwaukee Ave 11 ZP03 Angie Galanis Special Use for a Full Service Restaurant and Food Carryout Store 9600 N Milwaukee Ave 11 ZP 04 Charles F Ostman Test Amendment to the Village of Niles Zoning Code Add Definition of Impervious Area 1111  February 22 2011 Board Minutes Trustee Preston made a motion seconded by Trustee LoVerde to refer the Petitions to the 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 FINANCIAL REPORTS Trustee Weel reported that the Accounts Payable including payroll for the month ending January 31 2011 was 3 768 4 32 January 2011 The beginning cash balance was 34 156 and the ending 947 cash balance was 247 35 360 Trustee Weel made a motion seconded by Trustee Hynes that the Accounts Payable for the month of January 2011 be approved for payment and the s Treasurer Report filed for audit Trustee LoVerde asked Finance Director Scot Neukirch for additional information on the CDARS investments and also asked if the Village required a depository resolution to be approved by the Board for approving financial institutions and if not the Board should consider adopting one Mr Van Geem responded that this is not in our investment policy 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 PUBLIC COMMENT NON AGENDA ITEMS None ADJOURNMENT There being no further business to come before the Board motion to adjourn was made by Trustee Hynes and seconded by Trustee Weel On roll call all concurred The meeting adjourned at 2 9 0mp Village Clerk Village President