Board of Trustees

MONDAY, NOVEMBER 4, 2019 – 8:00 P.M. 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Tuesday, October 22, 2019. * 5. Approve Voucher List #12-FY20 of November 4, 2019. 6. Proclamations and Resolutions. A. Proclamation National Animal Shelter Appreciation Week – November 3-9, 2019 7. Recognition, Awards and Honorary Presentations. 8. Appointments, Reappointments and Resignations. 9. Presentations and Reports. 10. Report of the Village Manager. * A. Proprietary Purchase of Fire Safety Gear – W. S. Darley & Company, Itasca, Illinois - $38,384. 11. Report of the Corporation Counsel. CONSENT: * A. A resolution approving a plat of subdivision for the property located at 5500 Howard Street, Skokie, Illinois, in an M1 Office Assembly Industry district (2019-30P). This item is on the consent agenda for second reading and approval. * B. An ordinance amending Chapter 26, Article VI, Section 26-276(d) of the Skokie Village Code pertaining to tobacco sales. This item is on the consent agenda for second reading and adoption. FIRST READING: C. Request for an executive session in accordance with paragraph 2(c)(11) of the Illinois Open Meetings Act pertaining to the review and discussion of pending litigation. 12. Unfinished Business. 13. New Business. 14. Plan Commission. 15. Citizen Comments. 16. Adjournment. 17. Executive Session. 561243v1 Agenda 2019-11-04 A  MML: *11/4/19 A PC: 2019-30P THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER 19-11-R- A RESOLUTION APPROVING A PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 5500 HOWARD STREET, SKOKIE, ILLINOIS, IN AN M1 OFFICE ASSEMBLY INDUSTRY DISTRICT 1 WHEREAS, the owners of the following described real property: 2 LOTS 1 AND 2 IN ALTER SUBDIVISION, BEING A SUBDIVISION IN THE WEST ½ OF 3 THE NORTHWEST ¼ OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 13, EAST OF 4 THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF 5 RECORDED DECEMBER 14, 2004 AS DOCUMENT 0434939029, IN COOK COUNTY, 6 ILLINOIS. 7 PINS: 10-28-115-011-0000, 10-28-115-012-0000 8 more commonly known as 5500 Howard Street, Skokie, Illinois (hereinafter “Subject 9 Property”) in an M1 Office Assembly Industry district, petitioned the Village of Skokie for a 10 resubdivision of the Subject Property for the purpose of reconfiguring two (2) existing lots 11 into two (2) new lots as shown on the “Shure Resubdivision” plat, dated August 30, 2019, a 12 copy of which is attached hereto and marked as Exhibit “1” or as the plat may be revised 13 with the approval of the Village Manager or designee and the Corporation Counsel; and 14 WHEREAS, subsequent to the resubdivision of the Subject Property, the legal 15 description of the Subject Property will be as follows: 16 LOTS 1 AND 2 IN THE SHURE RESUBDIVISION BEING A RESUBDIVISION OF LOTS 17 1 AND 2 IN ALTER SUBDIVISION IN THE WEST ½ OF THE NORTHWEST ¼ OF 18 SECTION 28, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL 19 MERIDIAN, IN COOK COUNTY, ILLINOIS. 20 WHEREAS, Lot 1 will contain the existing office building and parking. Lot 2 will 21 contain an undeveloped parcel that is being reserved for long-term future potential 22 redevelopment; and 23 WHEREAS, the Skokie Plan Commission, at a public hearing duly held September 24 5, 2019, for which proper legal notice had been achieved and no interested parties 25 appeared, voted to recommend to the Mayor and Board of Trustees that the requested 26 subdivision be granted subject to the conditions stated in the Plan Commission Report 27 dated October 7, 2019; 28 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on 29 October 7, 2019, concurred in the aforesaid recommendation of the Skokie Plan 30 Commission; Page 1 of 4 VOSDOCS-#561368-v1-Resolution__2019-30P__Plat_of_Subdivision__5500_Howard 1 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the 2 Village of Skokie, Cook County, Illinois: 3 Section1: That the requested resubdivision of the Subject Property, legally 4 described above and commonly known as 5500 Howard Street, Skokie, Illinois, in an M1 5 Office Assembly Industry district, be and the same is hereby approved subject to the 6 following conditions: 7 1. Upon the adoption of this ordinance by the Board of Trustees, the Mylar of the 8 Shure Resubdivision must be submitted to the Village with all signatures other 9 than Village staff or elected officials; 10 2. The Shure Resubdivision shall be effective upon its recording by the Village in 11 the Office of the Recorder of Deeds of Cook County, Illinois; 12 3. All monuments must be set no later than 1 year after the date of the recording 13 of the plat; 14 4. If work is to be performed on public property or if public property is utilized or 15 impacted during construction and or development, the owners must provide, 16 or must cause the developer and/or contractor to provide, the Village of Skokie 17 with a certificate of insurance naming the Village of Skokie as additionally 18 insured for any and all claims related to any and all work. The owners shall 19 hold and shall cause the developer and/or contractor to hold, the Village of 20 Skokie harmless and indemnify the Village for any and all claims for property 21 damage or personal injury related to work on or use of public property; and 22 5. The petitioner must comply with all Federal and State statutes, laws, rules and 23 regulations and all Village codes, ordinances, rules, and regulations. 24 Section 2: That the “Shure Resubdivision” plat, dated August 30, 2019, attached 25 hereto and marked as Exhibit “1” be and the same is hereby accepted and shall be 26 recorded at the Petitioner’s expense with the Cook County Recorder of Deeds Office. 27 Section 3: That a notice of approval of this Resolution incorporating the 28 conditions contained herein shall be approved by the owner of the property in writing and 29 duly recorded with the Cook County Recorder of Deeds Office at the owner’s expense. 30 Section 4: That this Resolution shall be in full force and effect from and after its 31 passage, approval and recordation as provided by law. 32 PASSED this day of November, 2019. 33 34 Ayes: 35 Nays: Village Clerk 36 Absent: 37 Approved by me this day of 38 Attest: November, 2019. 39 40 41 42 Village Clerk Mayor, Village of Skokie Page 2 of 4 VOSDOCS-#561368-v1-Resolution__2019-30P__Plat_of_Subdivision__5500_Howard  Exhibit 1 Page 3 of 4 VOSDOCS-#561368-v1-Resolution__2019-30P__Plat_of_Subdivision__5500_Howard  Page 4 of 4 VOSDOCS-#561368-v1-Resolution__2019-30P__Plat_of_Subdivision__5500_Howard  B MML: 10/22/19 First reading *11/4/19 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 19-11-C- AN ORDINANCE AMENDING CHAPTER 26, ARTICLE VI, SECTION 26-276(d) OF THE SKOKIE VILLAGE CODE PERTAINING TO TOBACCO SALES 1 WHEREAS, Chapter 26, Article VI, of the Skokie Village Code provides for rules 2 and regulations regarding tobacco sales and usage; and 3 WHEREAS, tobacco use, including e-cigarettes, is a main cause of preventable 4 disease and death in the Village of Skokie (hereinafter “Skokie”) with lung cancer as one 5 of the top five causes of death in Skokie; and 6 WHEREAS, tobacco usage is a significant public health concern and reducing that 7 usage is a goal of the Skokie Health Department; and 8 WHEREAS, according to the Centers for Disease Control and Prevention 9 (hereinafter “CDC”), most smokers start at a young age, with 88% of smokers starting 10 before the age of 18. Smokers who begin at an early age are more likely to develop a 11 severe addiction to nicotine than those who start later; and 12 WHEREAS, the State of Illinois has increased the age for the sale and possession 13 of cigarettes and other tobacco products to age 21. Currently the Skokie Village Code 14 reflects the minimum age of 21 for sales and purchase of tobacco products but the 15 minimum age of 18 for possession of tobacco products; and 16 WHEREAS, the Corporation Counsel recommended to the Mayor and Board of 17 Trustees that Chapter 26, Article VI, Sections 26-276(d) be amended to reflect state law; 18 and 19 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on 20 October 22, 2019, concurred in the aforesaid recommendation of the Corporation 21 Counsel; and 22 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of 23 the Village of Skokie, Cook County, Illinois; 24 Section 1: That Chapter 26, Article VI, Sections 26-276(d) of the Skokie Village 25 Code be and the same is hereby amended in the manner hereinafter indicated. The new 26 material is highlighted in bold and the material to be deleted is highlighted and stricken 27 through. 28 CHAPTER 26 – BUSINESSES Page 1 of 3 VOSDOCS-#560761-v1-Ordinance__Code_Amendment__Chapter_26__Tobacco_Sales__Age_21 1 … 2 ARTICLE VI. - CIGARETTE AND TOBACCO SALES 3 … 4 Sec. 26-276. - Prohibitions regarding underage persons. 5 (a) Sales to underage persons. No licensee under this article, or any officer, 6 associate, member, representative, agent or employee of such licensee, shall sell, 7 give or deliver tobacco, e-liquid, cigarette or electronic cigarette products to any 8 person under the age of 21 years. No person, after purchasing or otherwise 9 obtaining tobacco, e-liquid, cigarette or electronic cigarette products, shall sell, give 10 or deliver such tobacco, e-liquid, cigarette or electronic cigarette products to another 11 person under the age of 21 years. 12 (b) Responsibility of parent or guardian. It shall be unlawful for any parent or guardian 13 to permit any person under the age of 21 years of which such person may be the 14 parent or guardian to violate any of the provisions of this article. 15 (c) Sale by underage persons. No licensee, or any officer, associate, member, 16 representative, agent or employee of such licensee, shall engage, employ or permit 17 any person under the age of 21 years to sell cigarette, e-liquid, electronic cigarette 18 or tobacco products. 19 (d) Possession. No person under the age of 1821 years shall have cigarette, e-liquid, 20 electronic cigarette or tobacco products in such person's possession. 21 (e) Entry to retail tobacco store. No licensee under this article, or any officer, 22 associate, member, representative, agent or employee of such licensee, shall 23 permit any person under the age of 21 years to be or remain on or in any portion of 24 a retail tobacco store unless the Underage Person is accompanied by his or her 25 parent or guardian. 26 (f) Identification required. 27 (1) If a licensee or the licensee's agent or employee believes or has reason to 28 believe that a sale or delivery of cigarette, e-liquid, electronic cigarette or 29 tobacco products is prohibited because of the non-age of the prospective 30 recipient, the licensee or agent or employee shall, before making such sale or 31 delivery, demand presentation of some form of positive identification, containing 32 proof of age, issued by a public officer in the performance of official duties. 33 (2) No person shall transfer, alter or deface such an identification card, use the 34 identification card of another, carry or use a false or forged identification card, 35 or obtain an identification card by means of false information. No person shall 36 purchase, accept the delivery, or have the possession of cigarette, e-liquid, 37 electronic cigarette or tobacco products in violation of this article. 38 Section 2: That this Ordinance shall be in full force and effect from and after its 39 passage, approval and publication in pamphlet form as provided by law. 40 Page 2 of 3 VOSDOCS-#560761-v1-Ordinance__Code_Amendment__Chapter_26__Tobacco_Sales__Age_21  ADOPTED this day of November, 2019. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office November, 2019. this day of November, 2019; and published in pamphlet form according to law from November , 2019 to November , 2019. Mayor, Village of Skokie Village Clerk 1 2 Page 3 of 3 VOSDOCS-#560761-v1-Ordinance__Code_Amendment__Chapter_26__Tobacco_Sales__Age_21