Board of Trustees Meetings

“Where People Count” 1000 Civic Center Drive, Niles, Illinois 60714 Mayor Telephone (847) 588-8000 ● Fax (847) 588-8051 ● TDD (847) 588-8059 Robert M. Callero Trustees 4/20/12 Chris Hanusiak James T. Hynes REVISED AGENDA Joe LoVerde Rosemary R. Palicki NILES VILLAGE BOARD MEETING Louella B. Preston Village Hall Council Chambers Andrew Przybylo April 24, 2012 Village Manager George R. Van Geem CALL TO ORDER Village Clerk Marlene J. Victorine ROLL CALL 6:00 P.M. EXECUTIVE SESSION (Closed to the Public)  Litigation Update per 5 ILCS 120/2 (c)(11) 7:00 P.M. COMMITTEE OF THE WHOLE (Open to the Public)  Stormwater Relief Program Projects 8:00 P.M. FY2013 BUDGET HEARING PLEDGE OF ALLEGIANCE ROLL CALL REGULAR BOARD MEETING ROLL CALL APPROVAL OF BOARD MINUTES Regular Board Meeting March 27, 2012 Special Board Meeting April 18, 2012 ___________________________________________________________________________ The Village of Niles will comply with the Americans with Disabilities Act by making reasonable accommodations for people with disabilities. If you or someone you know with a disability require accommodation for a Village service or have any questions about the Village’s compliance, please contact George R. Van Geem, Village Manager, 1000 Civic Center Drive, Niles, Illinois at (847) 588-8000. www.vniles.com  April 24, 2012 Agenda PROCLAMATIONS Arbor Day April 27, 2012 Rev. John P. Smyth Day in Niles April 28, 2012 National Police Week May 13-19, 2012 PRESENTATIONS None. PRESIDENT’S VETO MESSAGE “ I have used my power to veto “An Ordinance Providing Legal Consultation and Representation to the Board of Trustees of the Village of Niles” which was adopted by a vote of 5-1 at the Niles Special Village Board Meeting of April 18, 2012. In my opinion, this is a guise to hire legal counsel to attempt to take the power of appointment of non-elected offices in the Village of Niles from the Executive Branch and give it to the Legislative Branch. As we all learned early on in our elementary schooling, there are three branches of government: the Executive Branch, the Legislative Branch, and the Judicial Branch. Neither Branch can usurp the powers of any one of the other Branches. We have a classic example of that happening right now. Niles is a Sec. 3.1 form of government: a Trustee- Village form. Under such, appointments to all non-elected offices, unless otherwise specifically provided by statute, are made by the president (mayor) with the advice and consent of the board of trustees. To have the trustees (the Legislative Branch) make appointment of all non-elective offices, Niles would have to change its form of government under a Village referendum. (From 2011 Illinois Municipal Handbook – Ancel, Glink, Diamond, Bush, Dicianni & Krafthefer, P.C) “In the absence of a successful referendum, home rule powers may not be used to diminish the power of elected officials in such a direct manner as to shift the checks and balances written into each form of government authorized by statute. Thus, the legislative body in a home rule municipality may not take the power of appointing officers away from the mayor by seeking to convert these offices into employments, which would be filled by the legislative body”. Reference is then given to Pechous v. Slawko, 64 Ill. 2d 576 (1976), which has stood the test of time. This Illinois Supreme Court case resists the Legislative Branch from usurping the powers of the Executive Branch. Considering the aforementioned, I cannot agree to the hiring of a legislative counsel by the Trustees of the Village of Niles to attempt to perform an illegal act and to spend the taxpayers’ money in such an act. Under law, the veto will be discussed at the May Board of Trustees meeting.” - Mayor Robert Callero - 2  April 24, 2012 Agenda TRUSTEE REPORTS Stormwater Commission Trustee LoVerde Finance Committee Northwest Municipal Conference Trustee Preston Solid Waste Agency of Northern Cook County Landscape Beautification Committee Board of Ethics Trustee Hynes Building & Zoning Committee Trustee Przybylo GIS Steering Committee Environmental Practices Committee Trustee Palicki Milwaukee Avenue Streetscape Committee Trustee Hanusiak OLD BUSINESS President Callero Item #1 DISCUSSION AND ORDINANCE Special Use to Operate a Cocktail Lounge 9118 W. Golf Road 12-ZP-10 PUBLIC COMMENTS (agenda items only) Public comment on New Business agenda items allowed after Board discussion of each item (Sign up in advance with Village Clerk) NEW BUSINESS Item #1 REQUEST BOARD APPROVAL Trustee LoVerde Blue Cross/Blue Shield Health Insurance Contract Renewal Item #2 REQUEST BOARD APPROVAL Trustee LoVerde Village of Niles Fund Balance Policy Item #3 DISCUSSION AND ORDINANCE Trustee LoVerde Amend Chapter 2 Administration Division 5 Family Fitness Center Sec. 2-268 Services Provided 3  April 24, 2012 Agenda Item #4 DISCUSSION AND ORDINANCE Trustee Hynes Amend Chapter 102 Utilities Section 102-123 Water Rates Established Item #5 DISCUSSION AND ORDINANCE Trustee Palicki Placement of “Two Hour Parking” Signs on the West Side of Austin Avenue Item #6 DISCUSSION AND ORDINANCE Trustee Przybylo Add Sec. 26-70 Definitions and 26-71 Regulations Regarding Collection Bins for Donated Items to Chapter 26 Charitable Solicitations Article IV Donation Boxes Item #7 REQUEST BOARD APPROVAL Trustee Hanusiak Finance IDC Software License and Maintenance Contract Item #8 BID AWARD Trustee Palicki FY2013 Tree Pruning Program Item #9 BID AWARD Trustee Hynes 2012 Sidewalk/Curb & Gutter Program Item # 10 APPROVAL TO BID Trustee Hanusiak 2012 Street Improvement Program Item #11 APPROVAL TO BID Trustee Hynes Replacement Boiler for Fire Station 2 Item #12 APPROVAL TO EXTEND CONTRACT Trustee Przybylo Morton Salt – Road Salt Purchase (New Business Item #13 to be discussed after Executive Session) 4  April 24, 2012 Agenda PETITIONS FOR REFERRAL President Callero 12-ZP-12 Andrew Dumovich Amendment to Special Use Ordinance 2006-27 for a Variation to the Rear Yard Set Back 7007 N. Milwaukee Avenue 12-ZP-13 Hicham Riba DDS Special Use to Operate a Dental Clinic 5622 W. Touhy Avenue 12-ZP-14 Larisa Kitaychik Amendment to Special Use Ordinance 2011-28 for a Martial Arts School 8746 N. Shermer Road 12-ZP-15 Patricia Knoll, Shure Inc. Amendment to Special Use Ordinance 2002-55 to Include All Existing Signage for the Property at 5800 W. Touhy Avenue FINANCIAL REPORTS Trustee LoVerde March 2012 PUBLIC COMMENTS (non-agenda items) The floor is open for the public to comment on non-agenda items. Members of the public addressing the Board shall be allotted three minutes to present their comments. Please step up to the microphone, state your name, address, and topic you wish to address. RECONVENE INTO EXECUTIVE SESSION (Closed to the Public)  Security Procedures per 5 ILCS 120/2 (c)(8)  Litigation Update per 5 ILCS 120/2 (c)(11)  Union Contracts per 5 ILCS 120/2 (c)(2)  Personnel per 5 ILCS 120/2 (c)(1) 5  April 24, 2012 Agenda NEW BUSINESS (Cont’d.) (Open to the Public) Item #13 DISCUSSION AND ORDINANCE Trustee LoVerde Approving the Recommendations of the Village Manager Concerning Salary and Compensation for the Employees of the Village of Niles from May 1, 2012 to April 30, 2013 ADJOURNMENT 6