Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES February 27, 2007 8:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Village President Nicholas B. Blase. ROLL CALL The Regular Meeting of the Board of Trustees was called to order at 8:00 p.m. by President Blase. The following trustees were present: Biederman, Bondi, Callero, Murphy, Preston, and Przybylo. APPROVAL OF MINUTES: Regular Board Meeting Trustee Bondi made a motion, seconded by Trustee January 23, 2007 Callero, to approve the minutes of the January 23, 2007, Board Meeting, as submitted. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. TRUSTEE REPORTS: Trustee Preston stated that the Solid Waste Agency of Northern Cook County (SWANCC) met on February 14, 2007. The main item on the agenda was the hearing of the Fiscal Year (FY) 2008 annual budget for SWANCC and the approval of the budget. All revenues and expenses pertaining to the agency operations were included in the budget. By adopting a fiscally conservative approach to the total FY 2008 budget, the Agency projects a $54.68 per ton tipping fee, this is an increase of $1.18 per ton over the FY 2007 budget and covers the variable expenses of operating the Glenview Transfer Station and the Agency administration. There is an increase in the budget of $157,000 with the Glenview Transfer Station and analysis that must take place between now and next May of 2008. To offset this increase, the Agency’s Executive Committee recommended, and the Board approved, using $105,000 of unpledged reserve to cover some of those increased costs. SWANCC is reevaluating their entire operation between now and May 2008, when a decision will be made as to the future of SWANCC and this budget reflects that. On February 14, 2007, the Northwest Municipal Conference (NWMC) also met. At that time, some of the communities received Clean Air Counts Awards. The Village of Niles received theirs in December. Awards were given out to Bartlett, Buffalo Grove, Deerfield and Evanston at that meeting. In addition to Niles, Arlington Heights and Palatine had previously received them at the Metropolitan Mayors Caucus meeting in December. The Metropolitan Mayors  February 27, 2007 Caucus held a special meeting concerning Education Funding Reform and that is on the agenda in Springfield. The Legislative Committee gave an update on Illinois Municipal League Pension Study. The Northwest Municipal Conference will be holding a legislative day on Wednesday, March 7. The representatives from NWMC communities will be down in Springfield next Wednesday and Thursday to move the agenda of the NWMC’s Legislative Committee. The Emerald Ash Borer update meeting that was scheduled for February 16 was postponed pending further input from the State. On Thursday, the NWMC is going to be accepting Environmental Best Practices recommendations. Trustee Biederman reported that the Milwaukee Avenue Streetscape Committee met twice this month. On February 1, 2007, they conducted site visits of streetscape projects within Skokie, Morton Grove, Wheeling and Libertyville. These site visits allowed us to better understand streetscape methods and materials. At the second meeting, they discussed the site visits by reviewing those elements they felt would work well with their project and also established goals for the project. The overall goal is to enhance the corridor’s character and commercial viability through attracting people to the area. They want to spur redevelopment with carefully planned pedestrian safety improvements and incorporate decorative streetscape elements in a creative cost-effective manner. The Village will ensure that existing businesses experience as little disruption as possible during construction also. Trustee Biederman will continue to keep the Board updated with the Committee’s future progress and will be posting this additional information on the website. PRESENTATIONS: Retirement – General Govt. Village Manager George Van Geem asked Marcia Village Clerk Marcia Jendreas Jendreas to please come up. He stated that after 6 years of excellent and devoted service to the residents of Niles, Marcia Jendreas retired from her position as the Executive Secretary to the Mayor and the Village Clerk. During her career as Village Clerk, Marcia organized all the board meetings and was the local election official. As demanding as the Village Clerk position is, Marcia was always able to do it with grace and good humor. Being the focus of the Administration, she was always willing to listen to the problems and concerns of others and our residents and assist them in resolving their issues. Marcia was a member and coordinated the activities of the Community Relations Commission for the Village of Niles. As a member of the Municipal Clerks Association, Marcia worked with other local Municipal Clerks and expanded her knowledge of the day-to-day Village Clerk responsibilities. With her departure, she takes with her a vast amount of knowledge and experience and she will be truly missed. Our best wishes to you, Marcia, on your retirement. 2  February 27, 2007 Retirement – Fire Department Fire Chief Barry Mueller asked Dan Ryan to please Firefighter/Paramedic come up. Chief Mueller stated that today we are Daniel P. Ryan, Sr. honoring Dan Ryan on his retirement. He stated that unfortunately, because of a medical disability, Dan’s career was abbreviated. However, despite this he was highly trained and highly skilled. In addition to being an excellent firefighter and paramedic, Dan was an arson investigator and a member of the Technical Rescue Team. His love for the fire service and of his fellow firefighters, as well as his expertise, will be sorely missed. Before Chief Mueller presented Dan with his plaque he read what it said: On behalf of the Village of Niles and its residents, we honor Daniel P. Ryan for faithful years of service to our Village from February 18, 1997 to December 8, 2006. The Village of Niles was built into a great community by spirit and dedication and not by brick and mortar alone. This acclamation is our expression of gratitude for distinguished performance to our community; signed the Mayor and the Board. Congratulations Dan, we wish you the best. Dan Ryan then addressed the Board and expressed his thanks for being recognized tonight with this plaque. Memories he’s had while responding to fire calls, medical emergencies, and participating in rescue and recovery efforts at the World Trade Center after 9/11 have been personally fulfilling for him as a firefighter. He has been very fortunate in his career here to be able to work with some of the best firefighters and policemen professionals in this country. Dan’s future plans are to continue in public service in some capacity other than fireman/paramedic. He will never forget the opportunity the Village gave him in order to help people. Thank you. Citizen’s Award – Fire Dept. Fire Chief Barry Mueller stated that on December 24th, John Sullivan John Sullivan and his brother Dan were at Amici Restaurant. Another patron in the restaurant was sitting at a table and eating dinner with her husband. A piece of food caught in her throat. The victim was unable to breathe and her husband attempted the Heimlich a couple of times without success. John Sullivan advised a restaurant employee to call 911 and then went to assist the victim who was losing consciousness. John attempted the Heimlich three times, and on the third time a piece of food was ejected from the victim’s throat, enabling her to breathe and regain consciousness. Upon arrival of the paramedics, the victim was fine and chose not to go to the hospital. I hereby commend John Sullivan for his life saving actions. Thanks a lot John, and it was greatly done. Chief Mueller then presented John with the Citizen’s Award for his actions. PROCLAMATIONS: None. OLD BUSINESS: None. 3  February 27, 2007 NEW BUSINESS: Smoking in Public Places Trustee Przybylo stated that this is in response to the Ordinance growing concern about smoking in public places and also due to the fact that there was legislation proposed by Cook County that we needed to address our own special needs here in Niles, which he thinks we did. Last May, a No Smoking Committee was formed and met several times to discuss the smoking issue here in Niles. The Committee, with many of the Trustee members in attendance, held three public hearings to hear from the general public. We also had some meetings with local business regarding the proposed smoking in public places and the ordinance which was to ensue. This ordinance has been out in public here and anybody could have looked at it and reviewed it. We are requesting for approval to add Sections 54-61 through 54-74 to Chapter 54 Health and Sanitation, Article II Smoking in Public Places Ordinance. Trustee Przybylo commented that, just as an aside, he thinks that this ordinance goes very far to allay most people’s fears of going into an environment where there is potentially smoking because heavy signage is required in the ordinance making people aware where there is smoking so they can avoid it. It also suggests in the ordinance that should a private concern wish to go and make themselves nonsmoking they certainly have the opportunity to do so and, therefore, attract customers or business people into their environment who appreciate a totally nonsmoking environment. Having said that, Trustee Przybylo’s only regret is that they were unable to address, which in his mind was important, the concern of those people that work within the smoking environment. At the last minute, Trustee Przybylo tried to place in the ordinance a provision that required employers to offer co-pay health insurance to a full-time employee working in a smoking environment. But looking at it, this is a country with 47 million Americans who have no health insurance at all, it was cost prohibitive and beside that, it would be very hard to regulate and look after a co-pay provision. Maybe in the future we can deal with the real health issue of secondhand smoke to people who work in those environments. There are provisions which deal with violations, signage, where smoking is allowed shall be clearly and conspicuously identified by signs that advise patrons that smoking is allowed on the premises and warns that environmental tobacco smoke is dangerous to a person’s health. Trustee Przybylo stated that they tried to address everyone’s concerns, including those who said, this is America, land of the free, let everything go forth. Obviously we couldn’t do that but we tried to strike a balance and he believes that this ordinance addresses that balance. Trustee Przybylo is quite proud of it and wanted to thank Joe Annunzio, Committee members, and the public who came forth to give testimony. Trustee Przybylo made a motion, seconded by Trustee Preston, to adopt the ordinance Amending Chapter 54 Health and Sanitation, Article II Smoking in Public Places, by adding Sections 54-61 through 54-74. On roll call, the vote was: 4  February 27, 2007 AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Approval of Cable TV Trustee Callero stated that this is a request to approve a Franchise Agreement cable franchise extension agreement with Comcast. Our with Comcast agreement is up March 5, 2007, and this request is for a six-month cable franchise extension to September 5, 2007. Trustee Callero explained that there are a couple of reasons why we should do that. First, there is legislation in the state right now that may affect the cable franchise and, secondly, by extending the franchise with such communities as the City of Aurora and Buffalo Grove and others, we will have a coalition of the local villages coming up with the same type of agreement when it will eventually be signed. Trustee Callero made a motion, seconded by Trustee Bondi, to adopt the ordinance Approving a Six-Month Cable Franchise Extension Agreement between the Village of Niles and Comcast of Illinois. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Reserving Volume Cap in Trustee Murphy stated that this is a request for an Connection with Private ordinance from Village Manager George Van Geem to Activity Bond Issues and transfer the Village’s 2007 IRB bonding authority to Related Matters Stern Brothers to finance affordable housing in Woodstock, Illinois. The Village has approximately $2,493,050 of private bonding authority available for 2007. There are no plans to use this allocation locally and its value will be lost on May 1, 2007. Stern Brothers will pay Niles one percent of the allocation ($24,930) to transfer our allocation for their use. They will use our allocation, and other resources, to finance the construction of affordable housing in Woodstock, Illinois. Total budget impact is the addition of $24,930 to general funds. Trustee Murphy made a motion, seconded by Trustee Biederman, to adopt the ordinance Reserving Volume Cap in Connection with Private Activity Bond Issues and Related Matters and to transfer the Village’s 2007 IRB bonding authority to Stern Brothers. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 5  February 27, 2007 There being 6 affirmative votes, the MOTION CARRIED. Acquire an Email Archiving Trustee Biederman stated that this is a request from the System Village Attorney and the Management Information Systems (MIS) Department for approval to acquire an email archiving system. Due to the changes in the interpretation of the Illinois Freedom of Information Act, which now recognizes that all electronic media is also subject to public inspection; and due to the expected changes that will take place of Rules 26 and 37 of the Federal Rules of Civic Procedure, it has become necessary that the Village of Niles retain all of its electronic correspondence, which includes emails. The repercussions of not doing this would be sanctions at the state and federal levels. There could be penalties that go along with these sanctions. The proposed system is designed to capture all incoming and outgoing email and stores seven years worth per the Public Records Act. The system will provide a user-friendly interface for fulfilling the Freedom of Information Act and Rules 26 and 37 of the Federal Rules of Civil Procedure. This is a budgeted item of $14,450. Trustee Przybylo asked for clarification on personal emails. He understands that email is official business, but very often, an employee of the Village will make a personal phone call on a Village phone which is on their desk. If he’s not mistaken, email can be considered personal communication and has been ruled by the court as such. Are we archiving both professional and personal emails? Village Attorney Joseph Annunzio responded that we are saving all email because there has been a distinction made between a telephonic message and an electronic message of this type. It’s been ruled by several courts. It’s also the interpretation of Federal law that electronic communication of this type in a business setting with machines and equipment owned by a business is not subject to any privacy right. Attorney Annunzio explained that one of the things that the Village Manager is going to be putting out is a computer policy which will state to all of the Village employees that there should be no expectation of privacy while using a business computer during business hours, and that’s including use of the Internet. To answer your question as succinctly as possible, no, there is no privacy right to using a business machine during business hours. Trustee Przybylo asked if we were averse to letting employees have their own email address. No, we’re not averse to it, Attorney Annunzio stated, if they have their own email address then they have their own email address. Trustee Przybylo then asked if they can access it on our computer, then will it not go into the archives. Bill Shaw, MIS Director, responded that it depends on whether they use our email delivery system. Once they insert their mail into our system, it becomes part of the Village property and it will be archived. It may use tools like Yahoo mail or Google mail which exists through a browser and doesn’t actually use our mail system, that remains outside of the Village’s ability to archive. It has the ability to tap into that, but at the moment we do not think that that really fell under 6  February 27, 2007 current statutes, so we are not going to archive private email when it does not go through our system. Trustee Callero questioned whether we got three quotes on this and if this is the lowest bid. Mr. Shaw stated yes we did get three quotes and this is the lowest bid. Trustee Preston had a follow-up question, confirming that what Mr. Shaw is saying is that if someone receives an email directed at vniles.com it will be archived. If they receive an email to a different address that is not at vniles.com it will not be archived. Mr. Shaw responded that it’s not that straight forward. Everyone who does email that is used to Outlook Express or Outlook as the tool on your desktop; it is possible to direct your private mail to your desktop through those tools. That means you are using the Village email system to capture and store your email, in which case, your private email will be stored. The alternative is if you go online with an Internet explorer and use Gmail.com and you go through an internet browser to get to your email, it does not go into the Village system and that won’t be archived. Mr. Shaw stated that it depends on whether you use our internal mail delivery system. Once you use our system to deliver your mail it is going to be archived. So, it’s not based on your email address, but it’s based on what tools you use to deliver it. All vniles.com absolutely will be archived. But if you choose to direct your personal email and use the Village system to store and forward it, it will also be archived. Trustee Przybylo stated that he thinks it also has to do with the viruses. If someone can access their own personal email without going through their loop, you can contaminate the whole system Trustee Biederman made a motion, seconded by Trustee Murphy, to approve the purchase or an email archiving system. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Annual Renewal of Class Trustee Murphy stated that the Management Software License Information Systems Department is requesting Board approval to renew the Class Software License. This software is used by our Fitness and Senior Centers for their program registration, membership, and facility booking. It also provides Point-of-Sale and credit card interfaces. This agreement includes licensing, support, and all upgrades to the software for the next year. The total cost of this year’s contract is $12,750 which is under our budgeted amount of $13,200. The budget impact is $12,750. Trustee Murphy made a motion, seconded by Trustee Callero, to approve the renewal of the Class Software License. On roll call, the vote was: 7  February 27, 2007 AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Bid Out Interior Painting at Trustee Bondi stated that this is a request for approval Fire Station 2 to go out to bid for interior painting at Fire Station 2. The last time the Fire Station was painted was in 1991, 16 years ago. It has a projected total budget impact of $25,000. Trustee Bondi made a motion, seconded by Trustee Przybylo, to grant authorization to go out to bid for interior painting at Fire Station 2. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Extension of 2005 Landscaping Trustee Preston stated that this is a request to extend the Maintenance Program with 2005 Landscaping Maintenance Program listing various Tru Cut Landscaping for areas around the Village that get landscaping done to Village Properties that particular address by Tru Cut Landscaping. This is our second request for an extension of the original contract. We may extend it one more time. There is a budget impact of $39,845. Mayor Blase asked Scott Jochim, Director of Public Services, if this is the maintenance, and Mr. Jochim replied that it is not. It is just cutting the lawns. Trustee Preston made a motion, seconded by Trustee Biederman, to authorize extension of the 2005 Landscaping Maintenance Program with Tru Cut Landscaping for Village Properties. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Bid Out for 2006 Street Trustee Przybylo stated that this is a request of the Improvement Program and Board to approve and seek bids for the 2006 Street for Soil and Material Testing Improvement Program and for soil and material testing. Trustee Przybylo questioned whether 2006 is correct or should it be 2007. Mr. Jochim responded that they call it 2006 because that is the budget year that it was proposed on. So, even though we’re six months behind, that’s the reason. Trustee Przybylo stated that this is a budgeted item and it is budgeted in the sum of $2,497,829, partially from the Illinois First Grant and also from Village funds. Trustee Przybylo stated that 8  February 27, 2007 there is a whole list of streets that are to be resurfaced, and if anyone is interested they could come up and look at it later. Trustee Przybylo made a motion, seconded by Trustee Callero, to grant authorization to go out to bid for the 2006 Street Improvement Program and for soil and material testing. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Granting a Class 6(b) Tax Trustee Callero stated that this is a resolution Tax Classification to supporting the Cook County Class 6(b) development Garvey’s Office Products, Inc. incentive for Garvey’s Office Products at 7500 N. Caldwell. In order to obtain a Class 6(b) incentive abatement, Garvey’s requires a resolution from the Village of Niles approving the property is appropriate for incentive abatement. Trustee Callero asked if anyone was there from Garvey’s and asked them to step forward. Trustee Callero explained that a 6(b) program reduces the property tax billed, the assessment value of the property, and it is over a ten year period. The eleventh year it comes back to normal, 36 percent of property value. Right now, as a vacant property though, it is only being assessed at 50 percent of value. Therefore, it starts out at a 16 percent and it’s almost even to what it is right now. Trustee Callero asked Mr. Garvey what his present square footage is and when they move what will the new square footage be? Mr. Garvey responded that currently they are at 30,000 square feet at 6001 Gross Point Road and when they move they will be in 84,900 square feet. Trustee Callero asked where? Mr. Garvey responded at 7500 N. Caldwell. Trustee Callero stated that he would presume that they would hope to increase their sales also to fill that area too. Mr. Garvey responded that, yes, that is their plan. Trustee Callero then asked if they will be hiring new people. Mr. Garvey responded, yes, that they are looking at broadening their furniture program. They would immediately be looking for someone to direct that, and additional sales people; they are currently in the interview process. When sales people get in place, drivers and warehouse pickers and customer service people follow that. Mr. Garvey stated that when they moved to Niles nine years ago they had 21 employees; today they are just under 60. Trustee Callero responded that that was very good and asked the Board members if they had any more questions. Trustee Callero made a motion, seconded by Trustee Preston, to adopt the Resolution Granting a Class 6(b) Tax Classification to Garvey’s Office Products, Inc. On roll call, the vote was: 9  February 27, 2007 AYES : 5 Biederman, Bondi, Callero, Murphy, and Preston NAYS : 0 ABSENT : 0 ABSTAIN : 1 Przybylo There being 5 affirmative votes, the MOTION CARRIED. The Board members wished Mr. Garvey good luck. PETITIONS FOR REFERRAL: None. FINANCIAL REPORT: January 2007 Trustee Callero stated that the Accounts Payable for the month of January 2007 were $3,809,013.91. The ending cash balance as of January 31, 2007, was $29,484,321.19. Trustee Callero made a motion, seconded by Trustee Murphy, that the Accounts Payable for the month of January 2007 be approved for payment and the Treasurer’s Report filed for audit. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. President Blase stated that this concludes the business of the Board and asked if there was anything from the floor. ADJOURNMENT There being no further business to come before the Board, Motion to Adjourn was made by Trustee Callero, seconded by Trustee Preston. On roll call, all concurred. The meeting adjourned at 8:40 p.m. ___________________________ ____________________________________ Village Clerk Village President 10