Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES February 26, 2008 8:00 p.m. ROLL CALL The Regular Meeting of the Board of Trustees was called to order at 8:00 p.m. by Village Attorney Joseph Annunzio. The following trustees were present: Biederman, Callero, LoVerde, Murphy, Preston, and Przybylo. APPOINTMENT OF Mr. Annunzio announced that Mayor Blase was not present PRESIDENT PRO TEM this evening and asked for a nomination from the Board for a Trustee to act as President Pro Tem for this meeting. Trustee Preston made a motion, seconded by Trustee Murphy, to nominate Trustee Biederman to serve as President Pro Tem. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by President Pro Tem Biederman. APPROVAL OF MINUTES Trustee LoVerde made a motion, seconded by Trustee Callero, to approve the minutes of the January 22, 2008, Regular Board Meeting Board meeting, as submitted. On roll call, the vote was: November 27, 2007 AYES 6 Biederman, Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. PRESENTATIONS Police Department Police Chief Dean Strzelecki presented a Department Commendation to Officer Michael Allmon for his judgment, initiative and conduct when responding to a call for a heroin overdose, performing CPR, and reviving the victim.  February 26, 2008 The Chief’s Citizen’s Award was presented to Donna and Herbert Lopatka for their excellent observation skills and alerting Police to a suspicious vehicle pulling into and exiting driveways on their block. Responding to this call were Officers Thomas Cierniak, Noe Hernandez, Deno Panousieres, and Matthew Beyer who ultimately apprehended three suspects for burglary. Chief Strzelecki presented these Officers with Distinguished Duty Declarations and Commendations. Fire Department Fire Chief Barry Mueller presented Commendations to District Chief John Zeman, Lt. Douglas Fuller, Lt. Donald Kaderabek, Engineer Gregory Schmidt, and Firefighter/Paramedics John Crosby, Keith Olsen, Daniel Reid, Kyle Richardson, Richard Scipione, Byron Tull, and Craig Williams in recognition of their extraordinary performance, professional skill and conduct when responding to a fire at the Terrace Square Condominiums on February 10, 2008, and their efforts in containing the fire to the room of origin and also rescuing and treating the victim. PROCLAMATIONS None. TRUSTEE REPORTS Trustee Preston reported on the February 13th Solid Waste Agency of Northern Cook County (SWANCC) meeting. The FY2008 budget was approved and they received an update on the conversion of the Glenview Transfer Station. SWANCC is sponsoring the Compact Fluorescent Light (CFL) recycling program and the gym shoe recycling program. The Village of Niles is participating in both programs: broken CFLs can be turned into the Village; gym shoes can be dropped off at the Niles Fitness Center or the Niles Library. Trustee Preston reported on the Northwest Municipal Conference (NWMC) meeting. The formal presentation “Working Together for a Better Rail System – Listening to the Community” was made by Jim Kvederas, the Senior Manager for U.S. Public and Government Affairs of the Canadian National (CN) Railroad, who discussed CN’s proposed acquisition of the EJ&E Railroad Company and the impact on the NWMC area. The Metropolitan Mayor’s Caucus legislative priorities were presented and were approved except for the education legislative priority, which is still being discussed. The Metra Board of Directors will be expanded from the current seven members to eleven. The NWMC will be participating in the Illinois Municipal 2  February 26, 2008 League legislative lobby days in Springfield on April 8 and 9. Trustee Preston also reported on the February 9th NWMC legislative brunch which she attended along with legislators from Niles including State Senators Kotowski, Garrett and DiLeo and Representatives Mulligan and Nekritz. OLD BUSINESS None. NEW BUSINESS Amend Chapter 18 Buildings Trustee Przybylo stated that this a request from the and Building Regulations Community Development Department for changes to Chapter 18 Buildings and Building Regulations, specifically Article II Building Code, Article VI Electrical Regulations, and Article XV Energy Code to conform with the most current national regulations. Richard Wlodarski, Assistant Director, Community Development Department, explained that this is the annual updating of the Building Code (additions and deletions) as recommended by our consultants. Trustee Przybylo made a motion, seconded by Trustee Callero, to adopt the Ordinance amending Chapter 18 Buildings and Building Regulations, Article II, Article VI and Article XV. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Amend Chapter 66 Offenses Trustee Murphy stated that this a revision to Chapter 66 and Miscellaneous Provisions Miscellaneous Provisions by adding Section 66-111 Adding Possession of Drug Possession of Drug Paraphernalia. Section 66-111 makes it Paraphernalia Prohibited an ordinance violation subject to fines if a person is found with drug paraphernalia in their possession with the evidence of its use. Trustee Przybylo questioned whether the Village has had problems with drug paraphernalia. Chief Strzelecki responded that this amendment is to clarify the existing law which only pertained to stores that sell drug paraphernalia. This ordinance would now make it a personal offense when drug paraphernalia is found on a person or in a car. All ordinance violations are brought before Adjudication and there are no criminal charges. Village Attorney Annunzio explained that if a 19-year old is caught with used drug 3  February 26, 2008 paraphernalia, Adjudication can send them to social workers or Village psychologists or advocates to get mental help. Trustee Murphy made a motion, seconded by Trustee Callero, to adopt the Ordinance amending Chapter 66 Offenses and Miscellaneous Provisions adding Sec. 66-111 Possession of Drug Paraphernalia. AYES 5 Callero, LoVerde, Murphy Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Amend Chapter 66 Offenses Trustee Callero stated that this ordinance amends Chapter and Miscellaneous Provisions 66, by adding Sec. 66-177 Parental Responsibility. Under Adding Parental this section, it would be an ordinance violation sent to Responsibility Adjudication, subject to fines, if a parent or guardian leaves a child under 10 years of age unattended in a motor vehicle. Trustee Preston asked if our surrounding communities have similar ordinances. Village Attorney Annunzio stated that the model from which this was taken from was for an unemancipated minor (up to 18 years of age). The Administration felt that this was too high an age and the Trustees concurred. Trustee Callero made a motion, seconded by Trustee LoVerde, to adopt the Ordinance amending Chapter 66 Offenses and Miscellaneous Provisions adding Sec. 66-177 Parental Responsibility. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Cable Franchise Agreement Trustee Przybylo stated that this authorizes agents of our Extension with Comcast Village to negotiate with Comcast regarding the Cable Franchise Agreement. Village Manager George R. Van Geem explained that on the negotiating team for the Village is Village Attorney Joseph Annunzio, Assistant Village Manger Steve Vinezeano, our consultant Stu Chapman and himself. He explained that we are trying to protect the rights 4  February 26, 2008 that the Village of Niles has under the current franchise agreement. As a result of action in Springfield, Comcast has closed their customer service office in the Parkway Bank Building and our Niles customers have to go to Skokie for their customer service needs. Trustee Przybylo asked if rates are negotiated. Mr. Van Geem replied that they set their own rates. Trustee Murphy asked if they are treating all of the municipalities in a uniform way. Steve Vinezeano replied that not everyone’s agreement is up at this point and back in the 80s when this all began it depended on what system you’re in and what you’re going to get and pay. Not everything in the Comcast system is one price yet, but they are working on it. Trustee Callero asked if Comcast is going to try to put in a state-wide agreement as AT&T did. Mr. Vinezeano responded that it is not in their interests, and they would rather pursue a franchise agreement individually with the Village of Niles. Trustee Przybylo made a motion, seconded by Trustee Callero, to approve the franchise extension agreement with Comcast through September 5, 2008. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Agreement for Consultant Trustee Preston stated that this is a result of the work of the Services from Smith Milwaukee Avenue Corridor Streetscape Committee. Engineering Allowing Originally the grant allowed for us to do updates on Revisions of the Milwaukee Milwaukee Avenue, and this request is for us to include five Avenue Streetscape Plans to entire intersections: Milwaukee at Touhy; Milwaukee at Include Five Intersections Waukegan; Milwaukee at Harlem; Milwaukee at Howard; and Milwaukee at Oakton. This work will allow for the beautification of complete intersections and not only along Milwaukee Avenue. It is anticipated that 250 hours will be required to complete the scope of work with a not-to-exceed fee of $26,292.00. This was not a budgeted amount. The recommendation is to use Smith Engineering because this is really just an increase in the Milwaukee Avenue streetscape plan, and they are the consulting firm now being used. 5  February 26, 2008 Trustee Preston made a motion, seconded by Trustee LoVerde, to approve the Agreement for Consultant Services with Smith Engineering allowing revisions of the Milwaukee Avenue streetscape plans to include five intersections. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Resolution for Use of MFT Trustee Preston stated that this Resolution authorizes the use Funds for Agreement for of Motor Fuel Tax Funds to pay for the agreement for Consultant Services from consultant services from Smith Engineering allowing Smith Engineering Allowing revisions of the Milwaukee Avenue streetscape plan to Revisions of the Milwaukee include five intersections because we did not have money in Avenue Streetscape Plan to the budget. Include Five Intersections Trustee Preston made a motion, seconded by Trustee Callero, to authorize use of MFT Funds for agreement with Smith Engineering allowing revisions of the Milwaukee Avenue streetscape plan to include five intersections: Milwaukee Avenue at Touhy Avenue; at Waukegan Road; at Harlem Avenue; at Howard Street; and at Oakton Street for a not-to-exceed fee of $26,292.00. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Amendment to Agreement Trustee Callero stated that the cost of the Milwaukee Avenue with Smith Engineering for reconstruction has escalated higher than anticipated. The Milwaukee Avenue original cost estimates were $4.3 million, but currently they Reconstruction came in at approximately $6.9 million, which is $2.6 million more. Therefore, the consultant Smith Engineering suggested a revised scope of work for the project consisting of resurfacing and widening instead of reconstruction, along with sidewalk, traffic signal, curb and gutter improvements. This would save $400,000 from the original estimate of $4.3 million and come in at $3.9 million. However, this would require complete new drawings and Smith Engineering has estimated that to be $174,255.94. It is a “not-more-than” 6  February 26, 2008 price quote. The resurfacing will allow for a shorter construction window which will be far less destructive to business in that area. Trustee Callero made a motion, seconded by Trustee LoVerde, to approve the contract with Smith Engineering for a not-more-than $174,255.94 agreement for consultant services to revise the scope of work for resurfacing and widening instead of reconstruction of Milwaukee Avenue. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Resolution for Use of MFT Trustee Callero stated that this Resolution is for use of Motor Funds for Amendment to Fuel Tax funds to pay for the amendment to the existing Smith Engineering Agreement agreement with Smith Engineering for the Milwaukee for Milwaukee Avenue Avenue reconstruction project as agreed to in the previous Reconstruction Project agenda item. Trustee Callero made a motion, seconded by Trustee Murphy, to authorize use of MFT funds for amendment to the existing agreement with Smith Engineering for the Milwaukee Avenue reconstruction project for consultant services not-to-exceed $174,255.94. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Award Contract to Trustee LoVerde stated that this is a request for Board McDonough and Associates approval from the Director of Public Services to award for Construction Engineering McDonough and Associates a contract for construction Services for the Resurfacing engineering services for the resurfacing of Cumberland of Cumberland Avenue from Avenue from Oakton to Church in the amount of $99,849.34 Oakton Street to Church and authorize the Director of Public Services to execute this Street contract. A portion of the construction costs are being funded with the Surface Transportation Program grant through the Northwest Council of Mayors. This portion of 7  February 26, 2008 the engineering services would be paid for by the Motor Fuel Tax funds. Trustee LoVerde asked how much is being funded by the grant for the total project. Scott Jochim, Director of Public Services, responded $682,000.00. Trustee LoVerde added that the budgeted amount for this is $180,000.00. Trustee LoVerde made a motion, seconded by Trustee Przybylo, to award the contract for construction engineering services for the Cumberland Avenue resurfacing project in the amount of $99,849.34 to McDonough and Associates and to authorize the Director of Public Services to execute this contract. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Resolution for Use of Motor Trustee LoVerde stated that this is a Resolution to use the Fuel Tax Funds for the Motor Fuel Tax funds to pay for the construction engineering Construction Engineering work required for the Cumberland Avenue resurfacing Services Required for the project. Cumberland Avenue Resurfacing Project Trustee LoVerde made a motion, seconded by Trustee Callero, to authorize use of MFT funds to pay for the construction engineering services required for the Cumberland Avenue resurfacing project in the amount of $99,849.34. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Contract with Strategic President Pro Tem Biederman stated that this item was Energy for PowerSupply removed and will be placed on the March agenda. Coordination Services and Electricity Annual Renewal of Class Trustee Murphy stated that the MIS Department is Software License requesting Board approval to renew the Class software license. This software is being used by our Fitness and 8  February 26, 2008 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 $12,997.00 which is under the budgeted amount of $13,200.00. Trustee Murphy made a motion, seconded by Trustee Preston, to approve renewal of the Class software license in the amount of $12,997.00. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Purchase Artificial Flowers Trustee Murphy stated that Public Services is requesting for Milwaukee Avenue authorization to purchase artificial flowers to display along Milwaukee Avenue. Pricing was obtained from several vendors and Flowers by Design of Carol Stream, Illinois, provided the best quality and the best pricing of the three vendors. The budgeted amount was $15,000.00 and the total amount for approval is $19,488.00, a variance to the budget of $4,488.00. Trustee Preston stated that in the past we have not replaced all of the flowers in the basket, but according to Scott Jochim, this season we are replacing all of the flowers and that is the reason we have an increase in the budget. Trustee Murphy made a motion, seconded by Trustee Preston, to authorize purchase of artificial flowers for Milwaukee Avenue from Flowers by Design of Carol Stream in the amount of $19,488.00. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Emergency Salt Purchase Trustee LoVerde stated that this is a request from Public Services Director Scott Jochim. Due to the extreme winter conditions and the need to keep our streets safe, Public Services had to purchase additional salt from three different vendors: 1,000 tons from Morton Salt; 250 tons from 9  February 26, 2008 Central Salt in Louisville, Kentucky; and 1,500 tons from Gunther Salt in St. Louis, Missouri. Trustee Callero asked if we will be able to store this salt if we don’t use it all. Scott Jochim responded that the unused salt will be kept in our salt dome. We currently have 1,300 tons in our salt dome. Trustee Preston stated that more snow is predicted and what is the outlook for getting more salt if we need it. Mr. Jochim stated that more salt may not be available and credited Bob Pilat with contacting companies and salt mines and procuring the salt we were able to get. Trustee LoVerde asked how many snowfalls 1,300 tons of salt would take us through. Approximately eight to ten, one to two inch storms was Mr. Jochim’s reply. Trustee LoVerde commended the staff of the Public Services Department on the outstanding job they do in keeping Niles streets clean. Trustee LoVerde made a motion, seconded by Trustee Callero, to approve the emergency salt purchase in the amount of $202,780.00. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Bid Award for 2008 ¾ Ton Trustee LoVerde stated that this is a request from Public 4x4 Truck with Utility Box Services for approval to award a 2008 Model 2500 4x4 with Utility Box to Lemay Buick Pontiac GMC in the amount of $39,157.20. The budgeted amount is $40,000.00. Trustee LoVerde made a motion, seconded by Trustee Preston, to approve the purchase of a 2008 Model 2500 4x4 with Utility Box to Lemay Buick Pontiac GMC in the amount of $39,157.20. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. 10  February 26, 2008 Bid Out Installation of Trustee Preston stated that we are going to be purchasing ten Interior/Exterior Emergency new squad cars which need interior and exterior emergency Lighting and Equipment in lighting and equipment. This is a request from Public New Squad Cars Services to go out to bid for the installation of the interior/exterior emergency lighting. Trustee Callero questioned why this was not in the budget. George Van Geem, Village Manager, explained that it was determined that buying a squad car for every officer would make them last three times longer and would save us money in the long run. Since the purchase of those squad cars was just approved this year, and after the budget, this is the lighting needed for those cars. There was discussion on the benefits of each officer having his own squad car. Squads which were run 24 hours were being replaced after 3 years; we are planning that the new squads last at least 8 or 9 years. Trustee Preston made a motion, seconded by Trustee Callero, to grant authorization to go out to bid for the installation of interior/exterior emergency lighting for ten new squad cars. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Bid Out 2008 Street Trustee LoVerde stated that this is a request from Public Improvement Program Services for approval to bid out the 2008 street improvement program resurfacing in various locations in Niles. The budgeted amount is $1,202,000.00. Trustee LoVerde made a motion, seconded by Trustee Callero, to bid out the 2008 street improvement program. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Authorization to Extend Trustee Przybylo stated that this is a request to extend the Landscape Maintenance landscape maintenance program contract with Tru Cut Program Contract Landscaping. Trustee Preston added that we currently have 11  February 26, 2008 gone out to bid for a landscape architect for the Village buildings. However, our landscape architect will not be able to coordinate this for this season, so Tru Cut will continue to provide the type of service they have provided in other years. Trustee Przybylo made a motion, seconded by Trustee LoVerde, to authorize the extension of the landscape maintenance contract with Tru Cut Landscaping in the amount of $39,845.00. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Resolution Authorizing the Trustee LoVerde introduced a resolution authorizing the President Pro Tem to Execute President Pro Tem presiding at the February 26, 2008, the Local Agency Agreement Village of Niles Board meeting to execute the agreement for Federal Participation with between the Village of Niles and the Illinois Department of the Illinois Department of Transportation (IDOT) to obtain Federal funding for the Transportation for the work that is to be done on Cumberland Avenue between Cumberland Avenue Project Oakton Street and Church Street, known as the Cumberland Avenue Project. Trustee LoVerde made a motion, seconded by Trustee Preston, to authorize the President Pro Tem to execute the Local Agency Agreement for Federal Participation with IDOT for the Cumberland Avenue Project. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. PETITIONS FOR President Pro Tem Biederman stated that there were three REFERRAL Petitions for Referral to the Plan Commission and Zoning Board of Appeals: 08-ZP-03 Winston A. Dacuycuy Special Use to Rezone from B1 to B1 Special Use 8856 N. Milwaukee Avenue 12  February 26, 2008 08-ZP-04 John V. Hickey Special Use to Place Antennas on Water Tank 239 Golf Mill 08-ZP-05 Abdyl Mehmeti Variation for Read Yard of 19.5 Ft. 8210 Newland Avenue Trustee Preston made a motion, seconded by Trustee LoVerde, to refer the Zoning Petitions to the Zoning Board. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. FINANCIAL REPORT Trustee Callero stated that the Accounts Payable for the month of January 2008 were $3,913,259.08. The ending cash balance as of January 31, 2008, was $32,037,784.73. Trustee Callero made a motion, seconded by Trustee LoVerde, that the Accounts Payable for the month of January 2008 be approved for payment and the Treasurer’s Report filed for audit. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston and Przybylo NAYS 0 ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Trustee LoVerde brought up proposed tax increases by Cook County that will impact our residents, particularly the Wheel Tax, which would require all people in Cook County to purchase a County vehicle sticker. He asked the Board if we have local representatives who could speak on our behalf, like the Northwest Municipal Conference, to let the County Commissioners know that we are against any proposed tax, such as the Wheel Tax. Trustee Preston responded that the Northwest Municipal Conference has gone on record as 13  February 26, 2008 being opposed to the Wheel Tax and have forwarded that information to the County Commissioners that represent the areas of the Northwest Municipal Conference. Trustee Preston serves on both the Legislative Committee and on the Transportation Committee and it has come up at both of those meetings and it was forwarded to our Commissioners that we were opposed to it. ANNOUNCEMENTS Trustee Preston reminded everyone that the Milwaukee Avenue Beautification Plan Open House is Tuesday, March 4, in the Village Hall Council Chambers from 3:00 to 7:00 p.m. and this is a wonderful opportunity for everyone to see firsthand how the Committee has put together streetscape elements that will help to revitalize the Milwaukee Avenue Corridor. Trustee Preston encouraged everyone to attend. Trustee Biederman chairs this Committee, Trustee Preston is a member and Steve Vinezeano is the staff person assigned to this Committee and will all be in attendance for the open house. President Pro Tem Biederman stated this was now an open forum and invited the public to address the Board. ADJOURNMENT There being no further business to come before the Board, a motion to adjourn was made by Trustee Callero, and seconded by Trustee Preston. On roll call, all concurred. The meeting adjourned at 9:07 p.m. ____________________________ ________________________________________ Village Clerk Village President Pro Tem 14