Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES October 28, 2008 8:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Acting President Callero. ROLL CALL The Regular Meeting of the Board of Trustees was called to order at 8:00 p.m. by Acting President Callero. The following trustees were present: Biederman, LoVerde, Murphy, Preston and Przybylo. APPROVAL OF MINUTES Trustee LoVerde made a motion, seconded by Trustee Preston, to approve the minutes of the September 23, 2008, Regular Board Meeting Board meeting, as submitted. On roll call, the vote was: September 23, 2008 AYES 5 Biederman, Callero, LoVerde, Murphy, Preston NAYS 0 ABSENT 0 ABSTAIN 1 Przybylo There being 5 affirmative votes, the MOTION CARRIED. SWEARING-IN BY FIRE Sam Bruno, Chairman of the Fire and Police Commission, AND POLICE COMMISSION along with Fire and Police Commissioners Anthony Scarlati and Robert Berg, administered the oath of office to Firefighter/Paramedics Firefighter/Paramedic Candidates Sammer S. Fakhoury and Sammer S. Fakhoury and Patrick J. Senerchia, as follows: Patrick J. Senerchia I, Sammer S. Fakhoury, and I, Patrick J. Senerchia, having been appointed to the Office of Firefighter/Paramedic in the Fire Department of the Village of Niles, in the County of Cook, aforesaid, do solemnly swear or affirm that I will support the Constitution of the United States, the Constitution of the State of Illinois, the Ordinances and the laws of the Village of Niles, Illinois, and the rules and regulations of the Fire and Police Commission and Department concerned and that I will faithfully discharge the duties of the Office of Firefighter/Paramedic according to the best of my ability. Chairman Bruno added that prior to the swearing-in ceremony, the Code of Ethics and the indoctrination for new firefighter/paramedics was read in the Fire and Police Commission Office.  October 28, 2008 PRESENTATIONS Retirement – Fire Department Fire Chief Barry Mueller presented Dennis M. Olbrisch with a Dennis Olbrisch plaque from the Mayor and Board of Trustees honoring his faithful years of service to the Village of Niles and its residents. In his nearly 28-year career, he was a superb firefighter and paramedic for 15 years, fire apparatus engineer for over 12 years and was also union president. Chief Mueller wished him well on his retirement. PROCLAMATIONS None. TRUSTEE REPORTS Trustee Preston stated that at the October 15 meeting of the Northwest Municipal Conference (NWMC) the Chicago Metropolitan Agency for Planning (CMAP) Executive Director Randy Blankenhorn presented the proposed Developments of Regional Importance - which is the DRI process that will be part of the 2020 plan. The NWMC will be forwarding comments to that agency before the due date of 12/1/08. The Attorneys Committee will be looking at the streamlined sales tax mitigation plan and will be reporting back to the NWMC. On July 11, the FCC received a request from the wireless association (CTIA) to clarify existing federal law on local government response times to requests for citing wireless towers and on August 14, the FCC opened a public comment period. The NWMC will send forth a public comment. NWMC and the DuPage mayors, managers and staff met with Nicor reps to discuss interest in a model franchise. The NWMC adopted a Resolution honoring former Mayor Nicholas Blase for his accomplishments and outstanding leadership demonstrated to the Northwest Municipal Conference as a member of the Executive Board, Legislative Committee Chair and Co-Chair, Chairperson for both the Legislative Subcommittee and the Pension Subcommittee, Member of the Utility Rate Subcommittee, and Member of the O’Hare Advisory Committee. OLD BUSINESS Variation to Replace Shed Acting President Callero stated that this was a request to 7157 Greenleaf Street replace a nonconforming shed of 102 sq. ft. and 8 ft. in height 08-ZP-14 with a shed of 150 sq. ft. and 9 ft. 6 in. in height. This request was denied by the Zoning Board by a vote of 5 to 0. They approved replacement of the current shed with the nonconforming 102 sq. ft. and 8 ft. in height. The petitioner Sol Charak stated that he is requesting to go back to the larger size shed of 150 sq. ft. which he requested and brought some new photos to substantiate this. Acting President Callero 2  October 28, 2008 stated that this new information must be made part of the record at the Zoning Board and must first be presented to them before the Board of Trustees can consider it. Trustee Przybylo made a motion, seconded by Trustee LoVerde, to remand this case back to the Zoning Board of Appeals with the new information presented by Petitioner, provided that the petitioner does not want to request the 102 sq. ft. Mr. Charak confirmed that he does not. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. This case will be put on the agenda for the next Zoning Board meeting in November and does not have to be re-notified per Chuck Ostman, Community Development Director. Special Use to Co-Locate Acting President Callero stated that this is a request for a Three Antennas on Existing Special Use to co-locate three antennas on the existing lattice Tower tower at 7720 Lehigh Avenue. The application was reviewed 7720 Lehigh Avenue by Municipal Services Associates (MSA) and the Plan 08-ZP-15 Commission and Zoning Board of Appeals recommended approval by a vote of 5 to 0. The petitioner Angela Brooks with Cricket Communications responded to questions of the Board including location of the tower, which is in an industrial area, where there are currently two other carriers on this tower, and these antennas will be put on at approximately 90 ft. of a 160 ft. tower. Trustee LoVerde asked that the following be made part of the record: in a letter from Stu Chapman of MSA to the Village, it states that “Cricket will undertake its best efforts to prevent frequencies transmitted from the proposed antennas to not interfere with those used by the Village for its public safety and municipal radio communication.” MSA stated that they are satisfied that the proposed project will not interfere with radio frequencies used by the Village. Trustee LoVerde reiterated his concern that it is important that we get better language on interference with emergency frequencies. Trustee Preston made a motion, seconded by Trustee Przybylo, to adopt the ordinance approving a Special Use to co-locate three antennas on existing tower at 7720 Lehigh 3  October 28, 2008 Avenue. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Special Use to Co-Locate Acting President Callero stated that this is a request for a Three Wireless Antennas on Special Use to co-locate three wireless antennas on an existing Existing Tower tower at 6849 W. Touhy, which is behind our Public Services 6849 W. Touhy Avenue building. The application was reviewed by MSA for the 08-ZP-16 Village and was approved by the Plan Commission and Zoning Board of Appeals by a vote of 5 to 0. Responding to a question from the Board on why there seems to be is an increase in requests for wireless antennas, Ray Shinkle, representing T-Mobile, explained that demand is always increasing for wireless communications and they are always trying to make improvements to their network. In 2006, the amount of minutes used on wireless phones surpassed the amount of minutes used on landline phones. In addition, it is playing a major part in public health and safety as it is estimated that over half of 911 calls are made from wireless phones. Trustee LoVerde read into the record a statement by T- Mobile: “When properly operated and installed, our equipment operates without causing interference. But, in the rare event where complaints are made, we are obligated by law to investigate the claim, and, if we are actually causing interference, take immediate steps to resolve the problem.” Trustee LoVerde asked Mr. Shinkle if he has ever experienced any interference with emergency frequencies in local municipalities. Mr. Shinkle responded that he has been in the business 11 years and he has not heard of one incident. The Village staff also knew of no past interference with emergency frequencies. Trustee Preston asked if the equipment will be located inside the current Village fence line. Assistant Village Manager Steve Vinezeano responded that they will be building outside of that fenced area. Mr. Shinkle added that they worked very closely with our staff and with Public Works to find a spot that is suitable. They cannot go inside the existing fence. They have a 10 by 20 area and are fencing in their own area while improving the landscaping not only around their fence, 4  October 28, 2008 but around the entire compound. Trustee Preston made a motion, seconded by Trustee Biederman, to adopt the ordinance approving a Special Use to co-locate three wireless antennas on existing tower at 6849 W. Touhy Avenue including landscaping. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED NEW BUSINESS Approve the Execution of a Trustee LoVerde stated that at the Pre-Board earlier this Cable Television Franchise evening, they received a detailed a report from our Consultant, Agreement between the Village Stu Chapman of Municipal Services Associates, addressing of Niles and Comcast of Illinois many of the concerns expressed at the last meeting. Based on this information, Trustee LoVerde made a motion, seconded by Trustee Przybylo, to adopt the ordinance approving the execution of a cable television franchise agreement between the Village of Niles and Comcast of Illinois. On roll call, the vote was: AYES 5 Callero, LoVerde, Murphy, Preston, Przybylo NAYS 1 Biederman ABSENT 0 There being 5 affirmative votes, the MOTION CARRIED. Trustee Biederman stated that she is in support of the overall agreement with regard to a public access channel for Niles, however, she is opposed within this agreement to passing this tax onto the residents. She thinks this PEG channel should be funded from the revenues that we receive from the franchise agreement with Comcast. She voted no. Acting President Callero added that the fee for this public access channel through the Comcast agreement is $.25 per month for a total of $3.00 a year and he voted yes. Trustee LoVerde stated that cable TV service is optional to our residents. The resident chooses to subscribe and it’s $3.00 a year - $.25 per month, and for this reason he votes yes. 5  October 28, 2008 Trustee Przybylo agreed that the Village could easily pay for this, but then you are asking people who do not have cable to subsidize the benefit which comes through cable which they don’t have. It’s only $3.00 a year, and we all agree that the benefits are fabulous, including charitable events, community events, athletic events, and family events. He voted yes. In closing, Acting President Callero added one additional important benefit which is that of emergency notifications. Amend Chapter 22-66 Fee Trustee Preston stated that we have recently had an agreement Schedule by Adding License for businesses to participate in a single service for refuse Fee for Exempt Scavengers removal and recycling. Because of that, we now have exempt scavengers that will have to pay a fee. This is a request for an ordinance amending Chapter 22-66 by adding (92A) Exempt Scavengers to the Niles Book of Ordinances and establishing a license fee of $700.00. This fee, which is nearly the average refuse license fee charged by the NWMC communities, is only to be paid by refuse companies conducting business in the Village of Niles under Chapter 82 Solid Waste Collection and Disposal Services. This is a business fee, and not a fee that residents will be paying. Trustee Preston made a motion, seconded by Trustee Murphy, to adopt the ordinance amending Chapter 22-66 Adding License Fee for Exempt Scavengers in the amount of $700.00. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Request for Proposal (RFP) Trustee Biederman stated this is a request from Village staff for Sustainable Lighting for approval to publish a Request for Proposal to provide Design at Firehouses II and III sustainable lighting services redesigning the existing lighting at Village Firehouse II and III. The Illinois Clean Energy Foundation, an independent foundation affiliated with Commonwealth Edison, awarded the Village of Niles a $120,000 grant under the 2008 Public Safety Buildings Lighting Upgrade Grant Program. This grant will fund a lighting retrofit project for Firehouse II and III that is anticipated to reduce overall electricity demand by 283.14 kilowatts. 6  October 28, 2008 Trustee Biederman made a motion, seconded by Trustee Preston, to approve the Request for Proposal for Sustainable Lighting Design at Firehouse II and III. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Trustee LoVerde questioned if this $120,000 grant was for design only or installation too. Steve Vinezeano responded that the goal is to make sure that this grant pays for this entire piece. We’ll see through the RFP exactly what the construction costs will be. Lease Agreement between the Trustee Przybylo stated that this is a five-year unbudgeted Village of Niles and T-Mobile lease agreement with four additional terms of five years at for 6849 W. Touhy Avenue $2,000 per month with a 4% escalator between the Village of Niles and T-Mobile. It has been reviewed by staff and he sees no problem with it. Trustee Przybylo made a motion, seconded by Trustee Biederman, to approve the lease agreement between the Village of Niles and T-Mobile for 6849 W. Touhy Avenue with an additional $4,000 up front for consultant fees and site landscaping. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED Purchase Replacement Trustee LoVerde stated that this is a request for the Ambulance replacement of a 1996 Ambulance Unit A-2R which is included in this year’s budget. This is a request for authorization to purchase a 2008 Medtec Ambulance with a 2009 International 4300 Chassis from Foster Coach Sales, Inc. in the amount of $207,124.00. This purchase is through the NWMC Suburban Purchasing Cooperative bid program contract with Foster Coach Sales. It is a budgeted item and the vehicle is coming in at $2,124.00 over budget. 7  October 28, 2008 Trustee LoVerde made a motion, seconded by Trustee Preston, to approve the purchase of a 2008 Medtec Ambulance/2009 International 4300 Chassis from Foster Coach Sales, Inc. in the amount of $207,124.00. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Acting President Callero asked Scott Jochim, Director of Public Services, to confirm that the ambulance includes a $2,077.00 rear light bar which normally would not come with it and we’d have to put it on by ourselves. Mr. Jochim agreed. Therefore, we are basically $47.00 over budget. Trustee Preston asked about the disposition of the ambulance that we are replacing this with. Mr. Jochim stated that we plan to put it on the website to sell and will come back to the Board for permission to do that. FY2008 Comprehensive Acting President Callero stated that this Comprehensive Annual Financial Report Annual Financial Report (CAFR) is for the year ended April 30, 2008, and is required by State Statute. It must be completed within six months of the end of the fiscal year. A public copy of the audit report is available at the front desk of the Village Hall and the Niles Public Library. A scanned copy of the audit is available on the Village of Niles website. The audit is quite comprehensive and in the opinion of Wolf & Company (independent auditors report) the Niles financial statements present fairly in all material respects the financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining information of the Village of Niles, Illinois, at April 30, 2008, and the respective changes in financial position and cash flows where applicable. The Government Finance Officers Association of the United States and Canada awarded a Certificate of Achievement for excellence in financial reporting to the Village of Niles for its Comprehensive Annual Financial Report for the fiscal year ended April 30, 2007. The Village of Niles has received a certificate for the last 30 consecutive years. Acting President Callero applauded Village Manager George Van Geem and Finance Director Scot Neukirch for doing such a good job. 8  October 28, 2008 Acting President Callero made a motion, seconded by Trustee LoVerde, to accept the FY2008 Comprehensive Annual Financial Report. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Identity Theft Prevention Trustee Preston stated that there is a new federal mandate Program “Red Flag Rules” referred to as the “Red Flag Rules” which requires municipalities with utility services to prevent the misappropriation of consumer information by implementing written identity theft policies by May 1, 2009. The Federal Trade Commission, the federal bank regulatory agencies and the National Credit Union Administration have issued these regulations requiring financial institutions and creditors to develop and implement written identity theft programs as part of the Fair and Accurate Credit Transactions Act of 2003. They recently determined that where municipalities are doing utilities, such as our water billing system, we must then participate in this Red Flag Rules program. For the effectiveness of the program, the Red Flag Rule envisions a degree of confidentiality regarding the Village’s specific practices relating to identity theft detection, prevention, and mitigation. Trustee Preston made a motion, seconded by Trustee Biederman, to approve the Village of Niles Identity Theft Prevention Program for the Village’s water billing system and the Red Flag Rules. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED. Waive Fees for Demolition of Trustee Przybylo stated that this is a proposal to waive the fee House on Property of Holy of $2,500.00 to the Saint Haralambos Greek Orthodox Church Taxiarhai and Saint on Caldwell Avenue for demolition of a house which is being Haralambos Greek Orthodox torn down for a community center. Church 9  October 28, 2008 Trustee Przybylo made a motion, seconded by Trustee LoVerde, to waive fees for the demolition of a house on the property of Holy Taxiarhai and Saint Haralambos Greek Orthodox Church. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED Wood River Association Trustee Biederman stated that this bid is for construction in Construction Bids - the Wood River Special Service Area (SSA). All costs will be Special Service Area 2008-1 reimbursed to the Village by the SSA tax levies. Bids were opened for this project on 10/1/08 and reviewed by Niles Engineering and by our Engineering consultant Gewalt Hamilton. The low bid for the preferred object, which is concrete, was $249,999.00, and approval was recommended by the consultant. Pursuant to authority granted at the September Board meeting, the Village Manager approved this low bid to allow construction to begin by the week of October 27th. Administration is requesting Board approval of the recommended bid to ratify the actions of the Village Manager. Trustee LoVerde asked about the design thickness of the concrete pavement and how long this choice of pavement will extend the job. Scott Jochim responded that it is 6 inches (10 inches under the garbage dumpsters) and they have to be done by November 26. Trustee Biederman made a motion, seconded by Trustee Preston, to approve the Construction Bid for Wood River Special Service Area 2008-1 from Chicagoland Paving Contractors, Inc. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED Tax-Exempt Lease Financing – Village Manager George Van Geem stated that this is a NSECC 911 Communications request for Board approval to allow the Village of Niles to Equipment sign a lease for the benefit of the North Suburban Emergency Communications Center (NSECC), which is the E-911 group for Niles, Morton Grove, Park Ridge and Des Plaines, in order 10  October 28, 2008 to finance new communications equipment. NSECC is not a corporate entity that can enter into a lease. Therefore, we would be lending our good name, as we have done in the past with MABAS, to be the named lessee on the purchase agreement. No money is coming out of the Niles budget. The amount being financed is $450,000 for the hardware that is being leased, which would be $100,000 per year for the group. The $100,000 per year will be included in the assessment from the NSECC, which is a budgeted item. Originally this equipment was being purchased through AT&T and they provided the lease structure, however, their rate was 6.29 percent. They shopped around and got 4.98 percent. The total cost with software, hardware, and maintenance costs is about $900,000. Trustee Murphy made a motion, seconded by Acting President Callero, to approve Tax-Exempt Lease Financing. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED PETITIONS FOR Acting President Callero stated that there are three Petitions REFERRAL for Referral to the Plan Commission and Zoning Board of Appeals: 08-ZP-18 Stanley Harn Variation to Section IV(H)(4) to increase the size of a detached garage from the permitted 700 sq. ft. up to 3000 sq. ft. and to increase the height from the permitted 15 ft. up to 21 ft. 4 in. 8008 Oakton Street 08-ZP-19 Jozef Glowa Variation to Section IV(H)(4) to maintain an existing shed enlarged in area from 304 sq. ft. to 380 sq. ft.; to increase the maximum permitted height from 10 ft. to 12 ft. 6 in.; and to increase the maximum permitted area for total accessory structures from 700 sq. ft. to 864 sq. ft. 8431 W. Maynard Road 11  October 28, 2008 08-ZP-20 Arlyn P. Kass Variation to Section VII (C)(10) to reduce rear yard setback from the required 40 ft. to 37 ft. 3 in. to continue construction of a sun room. Variation to Section IV (H)(2) to reduce the minimum side yard setback from 3 ft. to 2 ft. 3 in. and to reduce the minimum rear yard setback from 5 ft. to 1 ft. 9 in. to reconstruct a detached garage. 8114 N. Ottawa Ave. Trustee Preston made a motion, seconded by Trustee LoVerde, to refer petitions 08-ZP-18, 08-ZP-19, and 08-ZP-20 to the Plan Commission and Zoning Board of Appeals. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED FINANCIAL REPORT Acting President Callero stated that the Accounts Payable for the month of September 2008 were $3,982,149.62. The ending cash balance as of September 30, 2008, was $37,017,649.31. Acting President Callero made a motion, seconded by Trustee Biederman, that the Accounts Payable for the month of September 2008 be approved for payment and the Treasurer’s Report filed for audit. On roll call, the vote was: AYES 6 Biederman, Callero, LoVerde, Murphy, Preston, Przybylo NAYS 0 ABSENT 0 There being 6 affirmative votes, the MOTION CARRIED ADJOURNMENT There being no further business to come before the Board, Motion to adjourn was made by Trustee Preston and seconded by Trustee Murphy. On roll call, all concurred. The meeting adjourned at 8:55 p.m. _______________________________ ______________________________________ Village Clerk Acting Village President 12