Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES March 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 February 27, 2007 Callero, to approve the minutes of the February 27, 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. PRESENTATIONS: Kailee Brandel Kailee Brandel, 7th grader at Gemini Junior High, Family Fun Walk – April 28 thanked the Board for inviting her to speak about a In Memory of Jennifer Riemer special event that is very dear to her heart. This event and Theresa White is being organized in memory of Jenny Riemer and her grandmother Theresa White. Jenny was her fellow classmate, her sister Girl Scout, and her beloved friend. On June 23, 2006, Jenny and her family invited Kailee to go with them on a weekend trip to Galena, Illinois. While driving there, they were involved in a horrible car accident. Kailee and Mrs. Riemer were severely injured, but survived this accident. Jenny and her grandmother did not. After one of Kailee’s surgeries in August she had a visit from one of her former Nelson teachers, Mrs. Fragassi. They discussed an idea they had regarding doing a memorial walk for Jenny and her grandmother. They both knew and loved Jenny and both wanted to do something to preserve the memory of Jenny and her grandmother. Mrs. Fragassi along with Ms. Courtney, Jenny’s fourth grade teacher, started to put the plan into action right away. They applied for all the permits, researched walks, picked the date, and initiated their original plans. With the help of her mom and dad, Jenny’s family, Laurie and Amy Jensen, and lots of volunteers, their dream is now becoming a reality. The memorial walk will begin at Nelson School in Niles on Saturday, April 28, 2007. Registration will begin at 8:30 a.m. They are asking for a minimum pledge of $10 for adults and $5 for children under 13.  March 27, 2007 Strollers are welcome. Proceeds from the walk will be placed in the Jennifer Riemer Memorial Fund. This Fund will be used to benefit the Epilepsy Foundation as well as other local activities and charities. Many local businesses have donated food and products for the walk. They will also be holding two raffles. Raffle tickets will be sold for $2 each. Businesses, local and otherwise, have made donations in the form of raffle prizes. These raffle prizes include theme baskets, gift certificates for services, food, products, entertainment and much more. In addition, they will be distributing goody bags to the first 600 families that come to walk. There will be live entertainment including a DJ, face painting, and other fun surprises. They will also have specially designed t-shirts (which she was wearing) available for sale for $6 each. This will hopefully be the first of many walks they plan to hold annually in their names. The events of June 23rd changed her life forever. Kailee said that there is not a single day that goes by that Jenny is not in her mind or in her thoughts. But more importantly, Jenny will always be in her heart. She was caring, loving, funny, and giving. She loved to read, write, dance and was an excellent sister Scout and friend. Jenny was always the first one to offer help, always had a smile, and never had an unkind word for anyone. Kailee feels that this is the least that she could do for Jenny. She knows that if she was here, she’d be doing it for Kailee. She loves her and misses her. On behalf of everyone involved in organizing this walk, Kailee thanked Nelson School for letting them use their facilities, the East Maine School District for their constant support and encouragement, the Village of Niles for truly standing by their motto of “Where People Count”, her parents, the Jensens, Ms. Joyce, community volunteers and friends who will work this event, and most importantly, Kailee expressed a very special thanks to Mrs. Fragassi and Ms. Courtney for putting all their words into action. Kailee said that a lot of adults make promises to kids, as we all know, not a lot of them always follow through. This is not the case with her teachers. Mrs. Fragassi and Ms. Courtney are not only teachers of students but teachers of life and her role models. They know what it means to truly care, commit themselves, and strive to make a difference in the lives of all kids. Kailee knew they did in hers. Kailee asked everyone to please come out and support the Family Fun Walk on April 28th. PROCLAMATIONS: President Blase stated that the following Proclamation was on the agenda: National Fair Housing Month Whereas, the Village of Niles finds that decent, safe and April 2007 affordable housing is part of the American Dream and a goal of all Illinois residents; and Whereas, individuals have the right to choose where to live without discrimination based on race, color, religion, age, gender, family status, national origin and/or disability; and 2  March 27, 2007 Whereas, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness; and Whereas, federal and state laws affirm the right of every person to equal housing opportunity; and Whereas, fair housing is a positive community good; and Whereas, economic stability, community health, and human relations in the State of Illinois are improved by diversity; and Whereas, stable, integrated and balanced residential housing practices, resulting in segregation of residents and opportunities in our region; and Whereas, the talents of grassroots and nonprofit organizations, housing service providers, financial institutions, elected officials, state agencies, and others must be combined to promote and preserve fair housing and equal opportunity. Now, therefore, I, Nicholas B. Blase, Mayor of the Village of Niles, Illinois, do hereby proclaim April 2007, as National Fair Housing Month in the Village of Niles to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents of the Village of Niles. TRUSTEE REPORTS: Trustee Preston stated that the Northwest Municipal Conference (NWMC) met on March 14, 2007. Secretary of State Jesse White presented the NWMC with his legislation, Senate Bill 172, which hopefully will reduce traffic accidents and fatalities involving young drivers. Should the Bill pass, it will extend the amount of hours that young people need to practice driving before they can receive their driver’s licenses. It will also restrict the number of people that they can have in the car with them, and, although that is current law now, they hope to extend it. Secretary of State Jesse White has done much research along this line and they would also like to restrict the hours in which under 18 year-old drivers can actually be on the street. It will be during the curfew hour and as part of the Bill they will reduce it to 10 p.m. on weekdays and 11 p.m. on Fridays and Saturdays. Nothing has passed in Springfield yet, but this is what was presented. The NWMC Finance Committee and Executive Board recommended approval of a proposal to conduct an organizational analysis of the NWMC, which was approved and will be a current Board evaluation. Mr. William Balling, recently retired former Village Manager of Buffalo Grove, will be chairing that Committee and interviewing the various 50 organizations that are part of the NWMC. They passed a resolution honoring Elk Grove Village Manager Gary Parrin, who was the Village Manager there for 33 years and had been very active in the NWMC. As part of the Legislative Committee report from Buffalo Grove 3  March 27, 2007 Mayor Hartstein, they reviewed what the Legislative Committee proposed. The Executive Board recommended both opposing HB 1500 and working through the Metropolitan Mayors Caucus Telecommunications Task Force on proposed amendments that address the most egregious terms of that Bill, that the AT&T proposal to completely alter the way in which local governments manage the provision of cable and video services. As part of the Legislative Committee’s agenda, there was a lobbying effort in Springfield on March 7 and 8 which Trustee Preston participated in along with a number of other mayors and trustees from the surrounding areas. They had a dinner and met with their local representatives on March 7. Of our eight representatives, six were present: Senators Kotowski, Garrett, DeLeo and Representatives Mulligan, Nekritz, and D’Amico. They had an opportunity to meet with them and lobby on behalf of Niles and the surrounding areas and emphasized their concern over the AT&T bill, pension legislation, transportation, and school funding. On March 7, Governor Blagojevich gave his State of the Union address, so the idea of gross tax receipts was something that was very new to everyone, and the NWMC has not taken a position on it at this time. This concluded Trustee Preston’s Report. OLD BUSINESS: Special Use to Operate a President Blase asked if anyone was present for 9015 Community Center and N. Milwaukee Avenue. Then President Blase asked Adult Day Care (07-ZP-04) Chuck Ostman, Community Development Director, if 9015 N. Milwaukee this was the building next to Chaser’s Lounge. Mr. Ostman said that was correct, to the North of it. President Blase asked if it was inset and what was it used for before. Mr. Ostman said it is set way back on the property and he believes was some sort of machine shop business. President Blase asked the petitioners to identify themselves for the record. Armaghan Rana and Pramod Kumar approached the podium and Mr. Kumar, the owner of the building, spoke on behalf of the Community Center. President Blase asked them what they were going to use this building for. Mr. Kumar responded for social services, Metropolitan Asian Family Services. President Blase asked what kind of services. Mr. Kumar responded services providing elderly care and adult day care. President Blase said that he questioned this because it’s really not a functional building in terms of commercial because of the way it’s built and the way it’s set back. The only real question would be parking. President Blase asked if there was a question about parking when they have whatever meeting they are going to have. Mr. Ostman said he didn’t believe there would be any kind of parking issues. Most of the seniors that use this facility come by public transportation, taxi or are dropped off. Mr. Ostman doesn’t foresee any problem. If this building was ever converted to an office building of some sort, there is plenty of parking. President Blase asked if this was a religious group. Mr. Kumar said no, 4  March 27, 2007 they serve all elderly 60 and above and they work through the State program. President Blase asked for questions from the Board. Trustee Przybylo asked where they get their funding. Mr. Kumar responded from the State of Illinois and explained it is not a funding, but a service fee that they get from the State. They provide the service and bill it to the State and they pay it. Mr. Kumar stated that it is not a grant. President Blase stated that this was approved by the Planning Commission 6-0. Trustee Preston asked if this is for Special Use for the building as it currently sits on the property not with any adjustments to the building. Mr. Ostman stated that they are proposing to put an addition onto the building but that would comply with all the zoning requirements. Trustee Preston asked for an explanation on what the difference was between the Zoning Board meeting in January where this was not approved and the current Zoning Board meeting in March. Trustee Preston thought that this was Special Use to operate a community center and adult day care and she did not think that there were any zoning variances that they needed to grant. She asked if whatever it is that they are doing is within the Code and doesn’t need a variance. Mr. Ostman stated that was correct. The original application was to build an addition within 5 feet of the rear property and up 25 feet. Trustee Preston asked what is it that is within Code that is part of this ordinance. Mr. Ostman explained that the addition will be to the south of the building and will have a rear yard of 20 feet to the adjacent residential area. Trustee Preston asked if that was within the Code. Mr. Ostman stated that it was. Trustee Preston asked if when they put on their addition they will be using parking spaces. Mr. Ostman responded no, that right now all the parking is in front of the building and that area on the side is really not utilized as parking. Trustee Preston asked if it’s Section 8C32 Special Use Only and not Section 8B35A Variation. Mr. Ostman said that was correct. Trustee Biederman asked what types of services they will be performing in regard to the nurse’s office. Mr. Kumar explained they have a wellness center and as per the program they are required to have a nurse on site in case any of the elderly needed attention while they are there. Trustee Biederman asked if they will be administering vaccines or flu shots or doing any of those types of things. Mr. Kumar said just checking blood pressure or some medication they might be taking. Trustee Biederman asked if that is all per the State. Mr. Kumar said right. Trustee Callero asked about the hours of operation which are stated as daily 9-5 and it’s basically lunch? He asked if that means that they will not have a dinner for the seniors or anything like that. Mr. Kumar replied that only lunch will be provided. Trustee Przybylo asked, in general, who their clientele are, since they have done this before in other locations. Mr. Kumar responded that their clientele are Asians of Continent mostly, plus Assyrians, Russians, and 5  March 27, 2007 Bosnians. Trustee Przybylo asked if their staff was bilingual or multi-lingual. Mr. Kumar responded that they have all kinds who speak Asian language as well as Bosnian language. Trustee Przybylo asked Chuck Ostman if the Special Use travels with the property or is it contingent upon the applicants. If the applicants cease operation after four years, does the Special Use still exist? Mr. Ostman replied that the Special Use will only exist for a period of six months. If another entity takes over that type of business within a six month period, they can continue that Special Use. Trustee Przybylo questioned that if these applicants cease business, somebody else can come in and operate for six months under this Special Use? Mr. Ostman stated that they have up to a six month period to re-establish this service. Trustee Przybylo asked if the Special Use travels with the property. Mr. Ostman responded yes it does. Trustee Preston stated that currently they are located at 9050 W. Golf Rd. and asked what the difference in the services that they are going to be giving in the new location as opposed to the old location. Mr. Kumar said that basically they are providing the same services, but they are growing and the area there is small, plus it is a rental, so they wanted a bigger space, so they are trying to relocate in a new place. Trustee Biederman asked how many employees will be on their staff in this new location. Mr. Kumar stated that they have about 250 staff, but they don’t come to the office. When they serve the elderly, they go to the elderly’s homes. Office staff is only 10 to 15 people. Trustee Przybylo asked if they are under any violations in the municipality where they exist now and are they simply moving to be in a larger, better location. Mr. Kumar stated that they are not in any violation, plus they want to own their own building. Trustee Przybylo made a motion, seconded by Trustee Preston, to adopt the ordinance which approves a Special Use to Operate a Community Center and Adult Day Care at 9015 N. Milwaukee Avenue. 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. NEW BUSINESS: Approval of Zoning District Trustee Bondi stated that this is a request to approve the Map Zoning District Map which reflects all the changes approved by the Board of Trustees prior to December 31, 2006. This is required by the State statute during the month of March of each year. 6  March 27, 2007 Trustee Bondi made a motion, seconded by Trustee Biederman, to adopt the ordinance which approves the amended Zoning District Map. 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. Amendments to Building Trustee Preston stated that the Plan Commission and Construction Chapters 18 Zoning Board of Appeals had three public meetings and 86 covering a multitude of items from the overall bulk requirements of single family structures to jobsite conditions. This request is for approval of added language brought up through the yearly review by the Community Development Department. In Chapter 86, Streets, Sidewalks and Other Public Places, under Article II. Excavations, Required Restoration of Parkways is being added. In Chapter 18, Building and Building Regulations, there is going to be General Duties of the Licensees which covers contractors and the type of fencing that they must put up and under what rules they must do it. Under Appendix B – Zoning Ordinance, Section III, Rules and Definitions, adding 50 percent of any basement floor area which measures more than 24 inches from the top of the foundation to the bottom of the first floor, that’s an addition already there, and there is also a change regarding attic space, headroom of seven feet with permanent staircase. Under Section IV. General Provisions, Section L is being added regarding outdoor decks for R-1 and R-2 Zoning Districts, with all the particulars as to the rear side or front lot lines and the footage of the structures in the amount of square footage that they can be. Trustee Przybylo asked where these changes within the Zoning Code come from, past actions or our zoning authority or the Zoning and Plan Commission? Trustee Preston responded they came from all of those and that Mr. Ostman is responsible for an annual review of teardowns and constructions and jobsites. He meets with the Plan Commission and Zoning Board of Appeals usually in the January meeting. There were extensive minutes from the January meeting and it was brought up again in February and March, and, based on their discussions, they arrived at these suggestions which are being brought forth this evening for the Board to vote on. Trustee Przybylo asked if these recommendations were unanimous upon the Zoning Board of Appeals or if anyone dissented? Mr. Ostman stated that it was unanimous. Trustee Murphy had a question for Mr. Ostman. He stated that one of the Commissioners on the Zoning Board brought up an interesting fact that you can build a 700 square foot out-building, like a garage. Trustee Preston described it as an accessory. So, if he is building a house and the floor area ratio says he can build a 3,000 square foot house, now he can go to the 7  March 27, 2007 back of his lot and put up a 700 square foot building, be it a garage, accommodation garage, storage. Is that correct? Mr. Ostman responded that the accessory structures are counted towards the total floor area, except for one exception is that to promote the attached garages, and this was approved several years ago, is that the first 400 feet of that 700 feet is not counted toward the F.A.R., but the 300 would be if it is attached. Trustee Preston made a motion, seconded by Trustee Callero, to adopt the ordinance amending various sections of the Niles Book of Ordinances concerning building construction. 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. Replace CATV Ordinance Item removed from agenda. (Steve Vinezeano stated that recent FCC changes affected the language in the document.) 2006 Condominium Rebate Trustee Bart Murphy stated that per Ordinance 2003- 38, the Board is being asked to approve the 2006 Condominium Rebate in the amount of $10,494.00. This rebate reimburses six condominium associations for refuse disposal per Ordinance 2003-38. As of July 1, 2003, the Board of Trustees approved consolidation of condo collection through the Village’s refuse hauler, Groot. Before this point, for a couple dozen condo associations in town, there might have been 12 different waste carriers, now there is one, Groot, which is the same carrier that services the residential sector. This refuse consolidation program has saved approximately $126,000.00 for the Village and $116,000.00 for the condo associations. It also has helped in other areas in terms of the Village. We have expanded service. It’s an unlimited collection. We have no extra cost for furniture or overflow for the condos, which they incurred for the most part previously. The condos were afforded recycling, which they didn’t have, at no additional cost. It has also reduced vehicular traffic, in that we have one waste hauler instead of maybe a dozen trucks on the street every day hauling waste for the associations. This approved the administration’s efficiency in working with contracts and the associations were incurring rate increases annually of as much as 10-12 percent. Now they are subjected to our rate increases, residential, of about 3 percent. So it’s been one of the best programs that we’ve installed here in sometime, in terms of improved service at a lower cost. Trustee Murphy made a motion, seconded by Trustee Bondi, to approve the 2006 Condominium Rebate in the amount of $10,494.00. President Blase added that this is a great program, no question. On roll call, the vote was: 8  March 27, 2007 AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Purchase of 10 Police Traffic Trustee Preston stated that the Police Department has Radar Units requested that we purchase 10 new police traffic radar units. They did go out for bid and there were three companies that they received quotations for. The low bid is for $13,290.00 from Decatur Electronics at 715 Bright Street in Decatur, Illinois. It is a budgeted item. Trustee Przybylo asked Deputy Police Chief Chuck Giovannelli why the disparity between the lowest bid of $13,290.00 and the highest bid of $23,950.00, and were they all bidding on the same product. Deputy Chief Giovannelli explained that would be the bidding process and that Jim Mahoney of the Police Department handled the technical end of it. Mr. Mahoney stated that all three companies bid on the same dual band radar product and Decatur Electronics came in with the lowest bid. Trustee Preston made a motion, seconded by Trustee Callero, to approve the purchase of 10 police traffic radar units from Decatur Electronics in the amount of $13,290.00. 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. Police Union Contract Item removed from agenda. (The Police Union Contract will be discussed at the April 2007 Board meeting.) Purchase of Sign Making Trustee Biederman stated that this is a request from System for Public Services Public Services. The Village’s current sign making machine was purchased in 1968 and uses a heat application process, which 3M and other vendors have phased out of service. Communities now use a computerized pressure sensitive system to produce the signs. Funds were included in this year’s budget for such a system. A review of three similar systems was conducted by the sign department. Traffic and Parking Control Company (TAPCO) offered a system that met our needs at the lowest cost of $15,790.00. This is $1,210.00 under budget. We received two other proposals that were higher: $16,870.00 and $19,650.00. Trustee Biederman made a motion, seconded by Trustee Murphy, to purchase a sign making system from TAPCO in the amount of $15,790.00. On roll call, the vote was: 9  March 27, 2007 AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Emergency Change Order for Trustee Przybylo stated that we have had a situation Additional Salt Purchase where we required more salt than was called for. This was a budgeted item, but never expended. Therefore, we were able to get the additional salt for purposes of safety. Trustee Przybylo jokingly remarked that this is a good price, and that he doesn’t pay anywhere near that for table salt. Trustee Callero asked Scott Jochim, Director of Public Services, if this was for salt we’ve used already. Mr. Jochim responded yes. Trustee Callero then asked for confirmation that we do store some over the summer. Mr. Jochim said yes we do. Trustee Przybylo made a motion, seconded by Trustee Biederman, to approve the emergency change order for additional salt purchase. 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 2007 Lawn Trustee Callero stated that this is a request to go to bid Restoration Program for the 2007 Lawn Restoration Program. He explained that this is where we repair the lawns damaged due to watermain or sewer line repairs on Village-owned property and easements. It is a budgeted item for $48,000.00 and the approximate quantity is 5,000 square yards. Trustee Callero made a motion, seconded by Trustee Bondi, to grant authorization to go out to bid for the 2007 Lawn Restoration Program. 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 2007 Sidewalk/Curb Trustee Murphy stated that Public Services is and Gutter Program requesting permission from the Village Board to put out to bid the 2007 Sidewalk/Curb and Gutter Program. This is a yearly program and is budgeted for Fiscal Year 2007-2008. They would like to put this bid out early to receive the best price and avoid delays in restoring damaged concrete. The total budget impact of this program should be approximately $250,000.00. 10  March 27, 2007 Trustee Murphy made a motion, seconded by Trustee Preston, to grant authorization to go out to bid for the 2007 Sidewalk/Curb and Gutter Program. 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. Award Contract for Phase I Trustee Biederman stated that Phase I of the Engineering for Cumberland Engineering Project has been completed for the Avenue Resurfacing Project Cumberland Avenue Resurfacing Project. This project will resurface Cumberland Avenue from Oakton Street to Church Street and includes widening areas north of Ballard Road. Public Services would like to now award McDonough and Associates, Inc. the contract of the Phase II Design Engineering services in the amount of $111,832.00, and authorize the Director of Public Services to execute this contract. A portion of the construction costs are being funded with a Surface Transportation Program grant through the Northwest Council of Mayors. This portion of the engineering services would be paid by the Motor Fuel Tax Funds. Trustee Biederman made a motion, seconded by Trustee Przybylo, to award this contract to McDonough and Associates, Inc. in the amount of $111,832.00. 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. Authorization of Use of Motor Trustee Przybylo stated that this authorization is for use Fuel Tax Fund for Engineering of MFT funds for the Cumberland Avenue Project. It is Services Resolution budgeted in the amount of $111,832.00. Trustee Przybylo asked if this transfer was only for Cumberland or is it for other projects too. Mr. Jochim responded that this is only for Cumberland. Trustee Przybylo asked if this is our portion, as he recalls that it is a million dollar project, so it’s a good ratio. Mr. Jochim confirmed that this is our portion. Trustee Przybylo made a motion, seconded by Trustee Bondi, to adopt the Resolution which authorizes the use of MFT funds for Engineering Services for the Cumberland Avenue Resurfacing Project. 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. 11  March 27, 2007 IDOT Construction on State Trustee Callero stated that this request is from Public Highways Resolution Services. The request states that to complete work on a State of Illinois roadway, including emergency repairs to broken watermains, a resolution must be passed by the Village Board to ensure the Village will complete work in accordance with State specifications and that the right-of-way is properly restored, as well as hold the State of Illinois harmless during the completion of any work in the State right-of-way. Trustee Callero asked Scott Jochim if we get State funds for this. Mr. Jochim replied that we do get State funds for the IDOT roads that we maintain, but this basically allows us to avoid the permitting process any time we do work on their roads. We do not have to get permits from them, we will be set up with this resolution. Trustee Callero then asked that if we do an emergency repair on a watermain that is their property, do we get reimbursed from them. Mr. Jochim responded that we do not. When we do watermain repair work and it is our watermain, we repair it because we damaged it. Trustee Callero then asked what if it’s their road. Mr. Jochim responded that they gave us a permit to put that watermain on their road with the understanding that if we do anything to it, we repair it. With that response, Trustee Callero understood that there is no reimbursement coming in. Trustee Callero summarized that basically this is a resolution to hold them not liable for a two-year period in the area here. Mr. Jochim stated that this was correct. Trustee Callero quoted a portion of the wording from the resolution “That municipality hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department, and to hold the State of Illinois harmless during the prosecution of such work, and assume all liability for damages.” Trustee Callero made a motion, seconded by Trustee Preston, to adopt the Resolution to IDOT for Construction on State Highways. 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 Award for 2006 Trustee Bondi stated that this is a request for the Board Resurfacing Program to award the 2006 Street Resurfacing Program to Arrow Road Construction in the amount of $2,448,855.00, who came in as the lowest bidder of the four bids received. This is a budgeted item. Trustee Bondi made a motion, seconded by Trustee Przybylo, to approve the bid award for the 2006 Street Resurfacing Program to Arrow Road Construction in the amount of $2,448,855.00. On roll call, the vote was: 12  March 27, 2007 AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Waive Permit Fees for President Blase stated that this request is to waive Niles Park District permit fees in the amount of $40,500.00 for the Niles Park District Oasis Water Park and Recreation Center Project on Milwaukee Avenue. He explained this is customary and usual. Trustee Murphy made a motion, seconded by Trustee Callero, to waive permit fees for the Niles Park District Oasis Water Park and Recreation Center Project in the amount of $40,500.00. 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. PETITIONS FOR REFERRAL: President Blase listed the following Petitions for Referral and stated the application fees have been paid: 07-ZP-05 J.R. Kim Special Use to Operate a Health Spa 809 Civic Center Drive 07-ZP-06 Mark D. Anderson Variation from Section VII(B)(10) to reduce the rear yard set back from the required 40' to 17' 10.5" to construct an addition 6944 Lexington Lane 07-ZP-07 Jennifer Thorstenson Special Use to Operate a Carryout Restaurant 8940 Greenwood Avenue 07-ZP-08 Daniel Shapiro Approval of Parking for Pool Operations/ Reconstruction of Park District Public Facilities 7877 N. Milwaukee Avenue 07-ZP-09 Philip Felice Approval of Plat of St. Matthew’s Subdivision 9081 Maryland Street Trustee Bondi made a motion, seconded by Trustee Callero, to refer the above Zoning Petitions to the Zoning Board. On roll call, the vote was: 13  March 27, 2007 AYES : 6 Biederman, Bondi, Callero, Murphy, Preston and Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. FINANCIAL REPORT: February 2007 Trustee Callero stated that the Accounts Payable for the month of February 2007 were $3,053,716.83. The ending cash balance as of February 28, 2007, was $30,611,535.25. Trustee Callero made a motion, seconded by Trustee Murphy, that the Accounts Payable for the month of February 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. Joe LoVerde Joe LoVerde, Executive Director of the Niles Park District, expressed his appreciation on behalf of the Niles Park District Board and Commissioners to the Board for waiving the permit fees. President Blase thanked Mr. LoVerde and introduced him as, hopefully, a future member of this Board. He then asked if there was anything else from the floor. ADJOURNMENT There being no further business to come before the Board, Motion to Adjourn was made by Trustee Preston, seconded by Trustee Callero. On roll call, all concurred. The meeting adjourned at 8:45 p.m. ___________________________ ____________________________________ Village Clerk Village President 14