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REGULAR MEETING BOARD OF TRUSTEE

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REGULAR MEETING BOARD OF TRUSTEE Powered By Docstoc
					                       REGULAR MEETING
               BOARD OF TRUSTEES, VILLAGE OF NILES

                          August 28, 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 promptly at 8:00 p.m. by President Blase. The
                          following Trustees were present: Biederman, Callero,
                          LoVerde, Preston and Przybylo.

APPROVAL OF MINUTES

Regular Board Meeting     Trustee LoVerde made a motion, seconded by Trustee
July 24, 2007             Biederman, to approve the minutes of the July 24, 2007,
                          Board meeting, as submitted. On roll call, the vote was:

                          AYES          : 5 Biederman, Callero, LoVerde,
                                            Preston and Przybylo
                          NAYS          : 0
                          ABSENT        : 1 Murphy

                          There being 5 affirmative votes, the MOTION
                          CARRIED.

PRESENTATIONS

Police Department         Deputy Police Chief Chuck Giovannelli presented Niles
Commendations/Awards      Police Department Commendations to the following
                          members of the Niles Police Department: Detective
                          George Alexopoulos. Detective Nicholas Beyer,
                          Detective Thomas Fragassi, Officer Joseph Paglia,
                          Officer Thomas Polinski, and Officer Joseph Romano
                          and K-9 Max. Officer David Pekosh also received a
                          Commendation, but was not present this evening. Deputy
                          Chief Giovannelli announced that Officer Samuel Cora
                          received a Distinguished Duty Award; and Officers Fotis
                          Markadas and Thomas Polinski both received Alliance
                          Against Intoxicated Motorists (AAIM) Awards. Mayor
                          Blase congratulated the Police Department on their good
                          work.

PROCLAMATIONS             President Blase announced proclamations for:
                          • School’s Open Safety Week - August 27-31, 2007
                          • Chamber of Commerce Week - Sept. 10-14, 2007
                          • Celebration of 15th Anniversary of Sister Cities Niles,
                             Illinois and Pisa, Italy and Mayor of Pisa Visit to
                             Niles in October 2007.

TRUSTEE REPORTS           Trustee Preston reported that neither the Solid Waste
                          Agency of Cook County nor the Northwest Municipal
                          Conference (NWMC) met during the summer. The next
                          meeting of the NWMC will be September 19. Trustee
                          Preston announced that the Village has sworn in five new
                          Police Officers and she also promoted the free CPR
                                                                           August 28, 2007


                               Certification AED and suffocation course offered by the
                               Village of Niles Fire Department.

OLD BUSINESS

Plat of Consolidation          President Blase stated that this request for Plat of
6920 W. Jarvis                 Consolidation was approved by the Planning Commission
                               by a vote of 5-0.           Chuck Ostman, Community
                               Development Director, explained this was a typical plat
                               of consolidation for the construction of a new structure.

                               Trustee LoVerde made a motion, seconded by Trustee
                               Callero, to adopt the ordinance which approves the Plat
                               of Consolidation for 6920 W. Jarvis. On roll call, the vote
                               was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

Special Use for Full Service   President Blase stated that this was a bank that was
Banking Facility               previously located at 7007 Dempster.
7237 Dempster Street
                               Trustee Callero made a motion, seconded by Trustee
                               Preston, to adopt the ordinance which approves a Special
                               Use for Full Service Banking Facility at 7237 Dempster
                               Street. On roll call, the vote was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

Special Use for Veterinary     President Blase stated that this request for a Special Use
Clinic and Adoption Center     is for a Veterinary Clinic and Adoption Center and was
7136 Touhy Avenue              recommended by the Planning Commission by a vote of
                               5-0. Present on behalf of the petitioners was Todd
                               Anderson from Right Way Rescue. Mr. Anderson
                               answered questions from the President and Board
                               regarding the adoption process, fees charged, hours of
                               operation, staffing, boarding, licensing, outdoor dog runs,
                               and total number of animals the facility can
                               accommodate.

                               Trustee Preston made a motion, seconded by Trustee
                               Callero, to adopt the ordinance which approves a Special
                               Use for Veterinary Clinic and Adoption Center at 7136
                               Touhy Avenue. On roll call, the vote was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

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                                                                                August 28, 2007




NEW BUSINESS

Providing for the Levying and     Trustee Callero stated that this is a request from the
Assessment of Property Taxes      Finance Department to approve the levying and
for Tax Year 2007                 assessment of property taxes for the tax year 2007. The
                                  Levy is $4,345,467.00 and this matches the amount in the
                                  fiscal year 2008 budget.

                                  Trustee Callero made a motion, seconded by Trustee
                                  LoVerde, to adopt the ordinance Providing for the
                                  Levying and Assessment of Taxes for the Fiscal Year
                                  Beginning May 1, 2007, and Ending April 30, 2008, in
                                  the Village of Niles, Cook County, Illinois. On roll call,
                                  the vote was:

                                  AYES           : 5 Biederman, Callero, LoVerde,
                                                     Preston and Przybylo
                                  NAYS           : 0
                                  ABSENT         : 1 Murphy

                                  There being 5 affirmative votes, the MOTION
                                  CARRIED.

Amend Zoning Ordinance            President Blase stated this is an amendment to the Zoning
Making Restaurants and            Ordinance making full service restaurants and food
Carryout Stores Exempt from       carryout stores found in shopping centers with a gross
a Special Use in the Business-1   leasable area of 80,000 sq. ft. or more exempt from
Zoning District if Located in     a special use permit. Chuck Ostman explained that the
Centers Larger than 80,000        Village of Niles is at a disadvantage of requiring the
Sq. Ft. in Gross Leasable Area    restaurants that want to locate in the larger shopping
                                  centers, where there generally is not a parking issue, to
                                  still go through the approval process of a special use.

                                  Trustee Callero made a motion, seconded by Trustee
                                  Przybylo, to adopt the ordinance Amending the Zoning
                                  Ordinance Making Restaurants and Carryout Stores
                                  Exempt from a Special Use in the Business-1 Zoning
                                  District if Located in Shopping Centers Larger than
                                  80,000 sq. ft. in Gross Leasable Area.

                                  Trustee Preston expressed her disapproval of exempting
                                  these restaurants from applying for a special use and,
                                  therefore, not required to go before the Board for
                                  approval. As a Trustee she wants to know what
                                  restaurants are coming into the Village, where they are
                                  going, and what kind of presentation they are giving. On
                                  roll call, the vote was:

                                  AYES           : 4 Biederman, Callero, LoVerde,
                                                     and Przybylo
                                  NAYS           : 1 Preston
                                  ABSENT         : 1 Murphy

                                  There being 4 affirmative votes, the MOTION
                                  CARRIED.

Amend Chapter 66                  Trustee Przybylo stated that this amendment updates the
Graffiti Ordinance                original 1965 Graffiti Ordinance. Assistant Village
                                  Manager Steve Vinezeano explained that changes in the
                                  ordinance include: giving property owners two days,
                                  versus five days, to clean graffiti, especially gang graffiti;
                                  allowing the use of paint, versus chemicals, because of
                                  their toxicity; making notification by the Village to
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                                                                         August 28, 2007


                              remove the graffiti more official; new forms for
                              indemnification for the Village; and adding a $25-$100
                              penalty for violators.

                              In the future, Trustee Preston requested Village staff to
                              indicate changes, deletions, and additions to an ordinance
                              by black-lining deletions, bolding additions, etc. so they
                              can easily identify the changes being requested.

                              Trustee Przybylo made a motion, seconded by Trustee
                              Biederman, to adopt the ordinance Amending Chapter 66
                              Offenses and Miscellaneous Provisions, Article VII
                              Graffiti. On roll call, the vote was:

                              AYES          : 5 Biederman, Callero, LoVerde,
                                                Preston and Przybylo
                              NAYS          : 0
                              ABSENT        : 1 Murphy

                              There being 5 affirmative votes, the MOTION
                              CARRIED.

Amend Fire Prevention and     Trustee Biederman stated that this is a request from the
Protection Ordinance Adding   Fire Department for an ordinance permitting the use of
Adding Section 46-42          outdoor fireplaces/firepits as long as the restrictions
Outdoor Fireplaces            contained in the ordinance are complied with. Fire Chief
                              Barry Mueller explained that in the past outdoor
                              fireplaces have been prohibited; however, since they have
                              become so popular, and as long as the restrictions are
                              complied with, they are now permitted.

                              Trustee Biederman made a motion, seconded by Trustee
                              Callero, to adopt the ordinance Amending Chapter 46
                              Fire Prevention and Protection by adding Section 46-42
                              Outdoor Fireplaces. On roll call, the vote was:


                              AYES          : 5 Biederman, Callero, LoVerde,
                                                Preston and Przybylo
                              NAYS          : 0
                              ABSENT        : 1 Murphy

                              There being 5 affirmative votes, the MOTION
                              CARRIED.

Approve Cable Franchise       Trustee Callero stated that the Village of Niles’ cable
Extension Agreement with      franchise agreement with Comcast of Illinois expires on
Comcast                       September 5, 2007. An extension is proposed to
                              complete negotiations on a cable franchise now that
                              SB678 has been signed into law. The extension will be
                              from September 5, 2007, through March 5, 2008, under
                              the same terms and conditions as the expiring contract.

                              Trustee Callero made a motion, seconded by Trustee
                              Preston, to adopt the ordinance Approving the Franchise
                              Extension Agreement with Comcast through March 5,
                              2008. On roll call, the vote was:

                              AYES          : 5 Biederman, Callero, LoVerde,
                                                Preston and Przybylo
                              NAYS          : 0
                              ABSENT        : 1 Murphy


                                       4
                                                                               August 28, 2007


                                   There being 5 affirmative votes, the MOTION
                                   CARRIED.

Ordinance for the Placement of     Trustee LoVerde stated that this is a request from Public
Stop Signs at the Intersection     Services for an ordinance for the placement of stop signs
of Ozark Ave. and Greenleaf St.    at the intersection of Ozark Avenue and Greenleaf Street.

                                   Trustee LoVerde made a motion, seconded by Trustee
                                   Callero, to adopt the ordinance for the Placement of Stop
                                   Signs at the Intersection of Ozark Avenue and Greenleaf
                                   Street. On roll call, the vote was:

                                   AYES           : 5 Biederman, Callero, LoVerde,
                                                      Preston and Przybylo
                                   NAYS           : 0
                                   ABSENT         : 1 Murphy

                                   There being 5 affirmative votes, the MOTION
                                   CARRIED.

Purchase of Replacement            Trustee Przybylo stated that this is a budgeted item to
Firefighting Protective Clothing   replace firefighting protective clothing that does not meet
                                   current safety standards.

                                   Trustee Przybylo made a motion, seconded by Trustee
                                   Preston, to approve the purchase of 10 replacement
                                   firefighting protective clothing per OSHA and NFPA
                                   requirements from W.S. Darley & Company in the
                                   amount of $18,299.00. On roll call, the vote was:

                                   AYES           : 5 Biederman, Callero, LoVerde,
                                                      Preston and Przybylo
                                   NAYS           : 0
                                   ABSENT         : 1 Murphy

                                   There being 5 affirmative votes, the MOTION
                                   CARRIED.

Purchase of Police Uniforms        Trustee Preston stated that this is a request from the
                                   Police Department for the purchase of their semi-annual
                                   uniform order for winter uniforms. This is a budgeted
                                   item and Kales was the lowest bidder at $13,332.60.

                                   Trustee Preston made a motion, seconded by Trustee
                                   Callero, to approve the purchase of winter uniforms for
                                   the Police Department from Kales in the amount of
                                   $13,332.60. On roll call, the vote was:

                                   AYES           : 5 Biederman, Callero, LoVerde,
                                                      Preston and Przybylo
                                   NAYS           : 0
                                   ABSENT         : 1 Murphy

                                   There being 5 affirmative votes, the MOTION
                                   CARRIED.

Purchase of Public Services        Trustee Biederman stated that this is the annual uniform
Uniforms                           purchases for Public Services employees as provided
                                   under the collective bargaining agreement, as well as the
                                   non-union employees, such as full- and part-time bus
                                   drivers. Prices were obtained from three vendors and
                                   Michael’s Uniform Company was the lowest bidder at
                                   $19,036.90. This is a budgeted item.

                                            5
                                                                             August 28, 2007


                               Trustee Biederman made a motion, seconded by Trustee
                               Preston, to approve the purchase of Public Services
                               uniforms from Michael’s Uniform Company in the
                               amount of $19,036.90. On roll call, the vote was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

Request for Proposals for      Trustee Callero stated that this is a request from MIS to
Phase II of GIS Water System   request proposals for Phase II of the GIS Water System
Development Project            Development Project. Phase I was completed in January
                               2007 and Phase II will take the 65 improvement projects
                               and integrate them into this existing GIS layer. This is a
                               budgeted item for $45,000.00. Trustee Callero asked Bill
                               Shaw, MIS Director, to explain why they are seeking
                               proposals versus bids. Mr. Shaw stated that bid
                               documents are specifically used when you have an exact
                               product or an exact service that you are looking for. We
                               know what we are starting with and where we want to get
                               to and there are several different processes to get there.
                               We don’t want to limit ourselves to specify that process
                               and, therefore, instead of a specific bid, we are requesting
                               proposals so that we can investigate all the different
                               possibilities and get the best product for the best price for
                               the Village.

                               Trustee Preston asked about keeping the new system up
                               to date and Bill Shaw responded that MIS is working
                               with Engineering to initiate a maintenance management
                               system. Mr. Shaw explained that this digitized version
                               replaces the paper water atlas that was updated by hand.
                               Mr. Shaw also stated for the record that GIS information
                               is now available through a browser interface to all Village
                               Departments.

                               Trustee Callero made a motion, seconded by Trustee
                               LoVerde, to grant authorization to Request Proposals for
                               Phase II of the GIS Water System Development Project.
                               On roll call, the vote was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

Bid Out HVAC System for        Trustee LoVerde stated that this is a request from MIS to
Village Hall MIS Equipment     bid out the new HVAC System for the MIS equipment
Room                           room at the Village Hall. This is a budgeted item.

                               Trustee LoVerde made a motion, seconded by Trustee
                               Preston, to grant authorization to go out to bid for a new
                               HVAC System for the Village Hall MIS Equipment
                               Room. On roll call, the vote was:



                                         6
                                                                           August 28, 2007


                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

Bid Out 2007 Sealcoating       Trustee Preston stated that this a request from Public
and Restriping Project         Services to go out to bid for the annual 2007 sealcoating
                               and restriping project.

                               Trustee Preston made a motion, seconded by Trustee
                               Callero, to grant authorization to go out to bid for the
                               2007 sealcoating and restriping project. On roll call, the
                               vote was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

Bid Out Replacement Fence at   Item removed from agenda - to be considered at a later
Waterfall at Milwaukee and     date.
Touhy

Bid Out 2007 Water Main        Trustee LoVerde stated that this is a request from Public
Improvement                    Services to seek bids for the 2007 Water Main
                               Improvement Project that includes Conrad Avenue from
                               Oketo to Harlem and Caldwell Avenue from Keeney to
                               Cleveland. This is a budgeted item for $455,000.00.

                               Trustee LoVerde made a motion, seconded by Trustee
                               Callero, to grant authorization to go out to bid for the
                               2007 Water Main Improvement Project. On roll call, the
                               vote was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy

                               There being 5 affirmative votes, the MOTION
                               CARRIED.

Bid Out Reconfiguration of     Trustee Przybylo stated that this is a request to go out to
Sanitary Sewer at Fire 2       bid to reconfigure the sanitary sewer at Fire Station 2.
                               This is an emergency repair with a projected total budget
                               impact of $15,000.00.

                               Trustee Przybylo made a motion, seconded by Trustee
                               Biederman, to grant authorization to go out to bid for
                               reconfiguration of sanitary sewer at Fire Station 2. On
                               roll call, the vote was:

                               AYES           : 5 Biederman, Callero, LoVerde,
                                                  Preston and Przybylo
                               NAYS           : 0
                               ABSENT         : 1 Murphy


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                                                                             August 28, 2007




                                There being 5 affirmative votes, the MOTION
                                CARRIED.

Resolution Requesting a         Trustee Callero stated that this is a Resolution
No Cash Bid for a Tax           requesting a “No Cash Bid” for a tax delinquent parcel
Delinquent Parcel Within        within the Village of Niles known as Peter Terrace Alley.
the Village of Niles            Trustee Callero explained that a “no cash bid” means the
                                bid by the Cook County Board of Commissioners for a
                                requesting municipality for the outstanding amount of the
                                delinquent taxes, penalties and interests on a parcel two
                                or more years tax delinquent, allowing the municipality to
                                obtain the parcel for no money. The Village believes that
                                it needs it to create a future alley and to secure utility
                                easements. It costs us $0.00.

                                Trustee Callero made a motion, seconded by Trustee
                                Preston, to adopt the resolution requesting a “No Cash
                                Bid” for a tax delinquent parcel within the Village of
                                Niles. On roll call, the vote was:

                                AYES           : 5 Biederman, Callero, LoVerde,
                                                   Preston and Przybylo
                                NAYS           : 0
                                ABSENT         : 1 Murphy

                                There being 5 affirmative votes, the MOTION
                                CARRIED.

Bid Award for 2007 Alley        Trustee Przybylo stated that this is a request for the Board
Improvement Program with        to award the 2007 Alley Improvement Program with
Water Main                      Water Main to Schroeder & Schroeder, Inc. in the amount
                                of $372,689.00. The budgeted amount was $560,000.00
                                Trustee Callero questioned why the bid amount from
                                Schroeder & Schroeder was significantly lower than the
                                budgeted amount and the other bidders. Scott Jochim,
                                Director of Public Services, explained that he did confirm
                                the final bid amount with the contractor.

                                Trustee Przybylo made a motion, seconded by Trustee
                                Callero, to approve the bid award for the 2007 Alley
                                Improvement Program with Water Main to Schroeder &
                                Schroeder, Inc. in the amount of $372,689.00. On roll
                                call, the vote was:

                                AYES           : 5 Biederman, Callero, LoVerde,
                                                   Preston and Przybylo
                                NAYS           : 0
                                ABSENT         : 1 Murphy

                                There being 5 affirmative votes, the MOTION
                                CARRIED.


Bid Award to Install Concrete   Trustee Preston stated that this is a request for the Board
Pavement for the Bus Turn       to award the installation of concrete pavement for the bus
Around at Foster Lane and       turn around at Foster Lane and Washington Street to
Washington Street               Schroeder & Schroeder, Inc. in the amount of $57,100.00.
                                The budgeted amount was $45,000.00. Trustee Callero
                                explained the reason this is over budget is that there was a
                                change in the plan; originally the bid documents called
                                for asphalt, but because of the weight of the new buses
                                Scott Jochim stated that we needed concrete.

                                         8
                                                                     August 28, 2007


                         Trustee Preston made a motion, seconded by Trustee
                         Callero, to approve the bid award for the installation of
                         concrete pavement for the bus turn around at Foster Lane
                         and Washington Street to Schroeder & Schroeder, Inc., in
                         the amount of $57,100.00. On roll call, the vote was:

                         AYES           : 5 Biederman, Callero, LoVerde,
                                            Preston and Przybylo
                         NAYS           : 0
                         ABSENT         : 1 Murphy

                         There being 5 affirmative votes, the MOTION
                         CARRIED.

PETITIONS FOR REFERRAL   President Blase stated there are two Petitions for Referral
                         to the Plan Commission and Zoning Board of Appeals
                         and the application fees have been paid:

                         07-ZP-18
                         Michael Rossier
                         Chicagoland Builders, Inc.
                         Variation - Addition to Rear of House
                         Adding 22' within the 35º Line
                         6843 Lexington Lane

                         07-ZP-19
                         Loukas Spiridakos
                         Variation to Reduce the Side Yard
                         Set Back from 3' to 1' and Increase
                         the Size from 700 SF up to 880 SF
                         7850 N. Nora

                         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 Biederman, Callero, LoVerde,
                                            Preston and Przybylo
                         NAYS           : 0
                         ABSENT         : 1 Murphy

                         There being 5 affirmative votes, the MOTION
                         CARRIED.

FINANCIAL REPORT         Trustee Callero stated that the Accounts Payable for the
                         month of July 2007 were $4,392,136.69. The ending
                         cash balance as of July 31, 2007, was $33,714,118.85.

                         Trustee Callero made a motion, seconded by Trustee
                         Biederman, that the Accounts Payable for the month of
                         July 2007 be approved for payment and the Treasurer’s
                         Report filed for audit. On roll call, the vote was:


                         AYES           : 5 Biederman, Callero, LoVerde,
                                            Preston and Przybylo
                         NAYS           : 0
                         ABSENT         : 1 Murphy

                         There being 5 affirmative votes, the MOTION
                         CARRIED.



                                  9
                                                                           August 28, 2007


                              President Blase stated that this concluded the business of
                              the Board and asked if there was anything from the floor.

Shirley and Ed Kaufman        Shirley Kaufman stated that they have lived there for 42
7739 Nordica                  years and they have a very big problem with parking on
                              Nordica. Because there is no designated handicapped
                              parking they sometimes have to walk a couple of blocks
                              to find a place to park. They are both handicapped as are
                              others on their street. They believe that there should be at
                              least one handicapped parking per row or assigned
                              parking, since they are paying taxes for two parking
                              spaces.

                              President Blase explained that he is very sympathetic to
                              their situation, however, on public streets we are not
                              authorized by law to allocate private parking for anybody,
                              and that includes handicapped spots. He suggested they
                              speak with Community Development Director, Chuck
                              Ostman, to see what other options are available.

ADJOURNMENT                   There being no further business to come before the
                              Board, motion to adjourn was made by Trustee Callero
                              and seconded by Trustee LoVerde. On roll call, all
                              concurred. The meeting adjourned at 9:00 p.m.




___________________________   ____________________________________
     Village Clerk                        Village President




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