Village of Western Springs President and Board of Trustees met May 8.
Village of Western Springs President and Board of Trustees met May 8.
Here is the minutes provided by the Board:
President William T. Rodeghier, Presiding
Call to Order, 7:00 p.m.
Jeanine M. Jasica, Village Clerk
Board Members Present:
Patrick Higgins, Village Manager
Ingrid Vellane, Deputy Village Manager
Matt Supert, Director of Mun Svcs
Grace Turi, Director of Finance
Brian Budds, Director of Law Enforcement
Tracy Alden, Director of Rec
Patrick Kem'iy, Director of Fire & EMS
Michael Jurusik, Village Attorney
Call to Order:
The meeting was called to order at 7:00 p.m.
Pledge of Allegiance:
President Rodeghier led the audience in the Pledge of Allegiance.
As noted above.
Electronic attendance at meeting: None
Swearing in of Deputy Director Of Law Enforcement Services Daniel Albrecht:
Director of Law Enforcement Services Brian Budds introduced and provided background information on the new Deputy Director of Law Enforcement Services Daniel Albrecht. Clerk Jasica swore in Daniel Albrecht into his new position. Deputy Director Albrecht introduced his family and thanked Chief Budds, Manager Higgins, Deputy Manager Velkme and the Board for their support. On behalf of the Board of Trustees, President Rodeghier congratulated Deputy Director Albrecht on his appointment.
Reading Of Agenda - Additions – Deletions:
There were no changes to the agenda.
The following citizens spoke in support of Cook County's Minimum Wage and Sick Leave Ordinances and urged the Village not to opt out: Adam Shils, Lisa Marco Kouba, and Jay Stewart of the Cook County Bureau of Economic Development, who spoke on behalf of Cook County Board President Toni Preckwinkle. Also, speaking were Jim Longino, Abdelnasser Rashid, who spoke on behalf of Cook County Clerk David Orr, Stephanie Holt, Siobhan Greene, Mark Novotny, Mary Kay Mulvaney, Mary Ann Quinlan, Ben Stewart and Director of Arise Chicago Worker Center Adam Kader.
The following citizens spoke in support of opting out of the Cook County Minimum Wage and Sick Leave Ordinances: Illinois Retail Merchants Association Counsel Tanya Trish Dawood, WSBA President Mike O'Brien and Penny Kirschbaum.
Mike Vespa requested that the Board conduct a Q & A Session with Village residents and the Illinois Tollway once the preliminary plan is provided to the Village by the Tollway. President Rodeghier said that is a good recommendation. He also said the Village met with the Tollway recently and the Tollway was very receptive to the Village's input. Village Manager Higgins said the planning and engineering department at the Tollway will likely be willing to conduct such a session or sessions once a real preliminary report is available. It is expected that the preliminary report should be available in August.
Scott Tausk asked the Board to consider covering the cost of installation of sidewalk on his property to connect sidewalk on two neighboring properties. The sidewalk on the neighboring properties was installed as required by the Village sidewalk policy for new construction. This matter was discussed in further detail during the Public Works and Water Committee report.
President Rodeghier thanked everyone for their comments and said the vote on agenda item number 9 will be removed from the omnibus vote list and discussed and considered separately later this evening.
Consideration of and Action on Agenda Items During the Workshop Portion of the Combined Meeting:
I) Public Works and Water - Trustee Allen
A) 2006 Sidewalk Policy Amendment
Trustee Allen noted that the Board had heard from Mr. Tausk, a resident on the 4300 block of Hampton. The committee discussed this matter and believe there is reason to consider a modification to the sidewalk policy to allow individual residents to install sidewalk in front of their home, while utilizing the language of the sidewalk policy, and possibly the Village's contractor for sidewalk maintenance. However, the committee felt any modification should not change the Village budget for sidewalk installation. Director Supert said the committee is looking for feedback from the Board on modifications to the Village's sidewalk policy. Discussion followed. The committee will discuss the options further and provide a recommendation to the Board. Manager Higgins suggested the committee also include a review sidewalk policy for corner houses which don't have sidewalk, but typically have 187 or 203 ' side yards.
B) Well #3 Update
Trustee Allen provided an update on Well #3 which is currently under repair following an electrical issue which occurred on Sunday, April 16. Well #3 is currently not operating. We are using Well #1 on a blended basis as a back-up. We are starting to see elevated levels of iron and hardness in our water. Staff is trying to balance it through the Water Department as best as we can. On the weekends, we are seeing higher demand of water potentially from people washing cars or watering lawns. This past weekend, there were two water main breaks which upped the usage of Well #3. At the Infrastructure Commission and Committee level, we are still looking at our longer ternn solution which would be to pre-treat water at Well #1 before it goes into the system to improve the quality of the water or making a larger investment in getting a brand new deep well which would be Well #5, and be a long term solution.
The committee also discussed watering restrictions. Village Manager Higgins said staff is keeping an eye on the weather and the reinstallation schedule which Director Supert said is expected on Wednesday, May 10. Director Supert said the Well #3 motor was pulled on Friday, May s, and inspections on the work are ongoing as well as some minor work on the shaft and pipe which came out of the ground. Reinstallation work is anticipated on May 10. Manager Higgins said the weather has been favorable with less sprinkling but staff is looking ahead, to be proactive. This is the reason for the consideration of approval of authority to implement watering restrictions. Manager Higgins said the question is what will the watering restriction be but hopefully, we can get the well down next week and electrically operable by May 19, and this won't be an issue. Trustee Allen said a motion is included on the omnibus formalizing the authority which was given to Manager Higgins to implement watering restrictions. Manager Higgins said one of his concerns is that implementation of a watering restriction actually can create more watering. Director Supert said overall the Village is in good shape with the current usage with Well #4 and Well #1. The existing motor at the bottom of the well will be removed and replaced with the spare Type H motor purchased in 2016. The expected time frame to install the new motor is 7-12 days.
C) Capital Projects Summary Report
Trustee Allen presented the committee's Capital Projects Summary Report. Projects are on track and going well.
2) Properties and Recreation - Trustee Gallagher
A) Capital Projects Summary Report
Trustee Gallagher presented the committee's Capital Projects Summary Report and provided an update on the East Train Platform Phase II Design and Construction project. The ADA compliant plans have been submitted to BNSF and Metra. Once they sign off, the plans will go to the ICC for approval, but we are still optimistic that the project will begin in the first part of June. Director Supert said the Village received approval on the Bemis Woods Bike Path plans last Friday to move forward with the Bemis Bike Path at Ogden Avenue. James J. Benes has been released to do the work so the Village can open up conversations again with the Cook County Highway Department, the Cook County Forest Preserve District and IDOT to get the planning for the installation going again.
B) Recreation Center HVAC Project Bid Results
Trustee Gallagher reported on the bid results for the 2017 Recreation Center HVAC Project. The bid results came in a bit over budget. Budget is $225,000.00 and the lowest qualified bidder came in at $232,000.00. Five (5) bids were submitted ranging from $232,000.00 to $304,484.00. The bid tabulation was included for the Board's review. The committee recommended awarding the bid to lowest qualified bidder Amber Mechanical Contractors Inc. This item was added to the May 22, 2017 omnibus vote list.
C) 5142Lawn Avenue Row Sale
The committee reviewed a request to purchase 15 ' of the right of way by the owner to the north of the ROW. There are no encumbrances on the right of way and there is no issue with the sale. The petitioner, Sharon Owens, is requesting the land to improve landscaping and driveway access. With no objection from the Board, the public hearing on the proposed right of way sale was added to the May 22, 2017 agenda for consideration.
D) 4947 Woodland Avenue Row Sale
Trustee Gallagher stated this proposed right of way sale is the subject of the Public Hearing which is on the agenda this evening during the special meeting portion of the combined meeting. The owners to the north of the right of way are requesting to purchase 24' of the 30' available. The owners to the south previously purchased 30' of available 33 ' of right of way in 2003. The neighbors in this most recent right of way request could not agree on sidewalk placement and the driveway placement as well as other issues. Both parties attended the most recent committee meeting. Staff worked very hard to try to find solutions to accommodate both parties but was unable to do so. However, one of the parties suggested shifting the sidewalk from the mid-point between the rights of way, 3 ' to the north, and then widening the driveway the amount of feet necessary to comply with Village code. Both parties have tentatively agreed to this solution. Attorney Jurusik has been working on the contracts for the parties.
E) Flagg Creek Greenway Project
Trustee Gallagher reported that at the April meeting, the committee decided to shelve the Flagg Creek Greenway project for at least six months or until a new grant application is available, which is anticipated to be 2-3 years out. The committee recommended that the new committee' s first step on that project be to determine community interest in the project before moving forward.
3) General Government - Trustee Glowiak
A) French Market Amendment (Sunday Market Day)
Trustee Glowiak reported that the French Market on Thursdays has not been as successful as hoped and the committee felt that changing the market day to Sundays might help. Bensidoun has agreed to a Sunday market day instead of Thursday and have gathered several new vendors which should be more interesting for the residents and more successful. Bensidoun will handle all of the set up and tear down required for the market.
B) St. John of the Cross Special Event Liquor and Raffle License
Request (2017 Family Fest Event: June 22 to 25, 201 7)'l
The General Government Committee met earlier this evening to review a request from St. John of the Cross Parish for a liquor license for their Family Fest event which is scheduled on June 22 - 25, 2017. David Bennett was present representing St. John of the Cross. The Fest will be similar to previous years with the addition of a food truck and some minor modifications to tent locations. This is a repeat request. The committee recommended Board approval of the license request. The liquor license, raffle license and temporary use permit approval was added to the omnibus vote list set for later in the evening.
C) Minimum Wage and Sick Leave Opt Out Ordinance
Trustee Glowiak reported that the General Government Committee met on April 4, 2017 and did not come to an agreement on whether or not to opt. Trustee Glowiak said she had received many calls and emails including one from her pastor who said he thinks it is a bad idea to opt out. Her pastor said people in his congregation said they will go to other places like LaGrange. Opting out sounds like a nice phrase to say we are taking away people's minimum wage and sick pay. President Rodeghier said this item will not be included on the omnibus vote list but will be voted on separately on a roll call vote later this evening.
D) Raffle License Request - LTHS Choir for Trip to Ireland Event (May 15 - November 16, 2017)
Trustee Gallagher presented a request for a raffle license from LTHS Choir for a raffle to raise funds for a trip to Ireland. The raffle will be held in November with ticket sales commencing upon approval of this request. The committee reviewed the request and recommended approval. The item was scheduled for consideration on the omnibus vote list.
4) Public Health and Safety - Trustee Hansen
A) Emergency Medical Services Week Proclamation-May 21-27,2017
Trustee Hansen presented a proclamation which the committee would like President Rodeghier to read later in the meeting proclaiming May 21- 27, 2017 as Emergency Medical Services Week in the Village of Western Springs.
B) National Police Week Proclamation-May 14-20,2017
Trustee Hansen presented a proclamation which the committee would like President Rodeghier to read later during his report proclaiming May 14 - 20, 2017 as National Police Week in the Village of Western Springs.
C) Stretcher Recommendation
Trustee Hansen reported that the Public Health and Committee met earlier in the evening and recommended the Board approve the purchase of a Stryker Power Load and Power Pro Stretcher in an amount not to exceed $38,691.88 to replace equipment currently in use. Director of Fire & EMS Kenny provided an explanation for the need for this type of equipment. A power stretcher and load system is a State requirement. This equipment is eligible for grant funds in the amount of $15,000.00 and the grant for this equipment has been submitted and has been approved, which will reduce the total equipment cost. The approval of the purchase was added to the May 22, 2017 omnibus vote list.
5) Finance - Trustee Horvath
A) Fire Pension Fund Update
B) Police Pension Fund Update
Trustee Horvath reported that the Board met on May 3, 2017, at which time that Board reviewed the first quarter 2017 financial results which were positive with a 4.5% return. This increase brought the total assets in the Police Pension Fund from $13.8 to $14.86 million, which is an $820,000 increase for that three month period.
Voting is ongoing for new members on the Police Pension Board which may result in a change of the members on the Board. The active officers and retirees are voting and the vote will be final at the end of the month.
6) Planning and Zoning - Trustee Tymick
Starbuck's Outdoor Dining Caf6 Temporary Use Permit
Trustee Tymick discussed a temporary use permit which the committee and Board have previously reviewed for Starbuck's at 47'h & Gilbert. The plans remain essentially unchanged other than that the space between the bollards for the outdoor dining space has been reduced to increase safety. With no objection from the Board, approval of the permit was added to the omnibus vote list slated for later this evening.
Consideration of and Action on Agenda Items During the Special Meeting Portion of the Combined Meeting:
7) Public Hearing
Concerning The Request To Vacate The North Twenty-Four (24.00) Foot by One Hundred Eighty-Seven (187.00) Foot Portion of the 50'h Street Right-of-Way Located Adjacent To and South Of 4947 Woodland Avenue, Western Springs, Illinois (Petitioners: Mr. and Mrs. David Zich)
Open the Public Hearing - President Rodeghier
Trustee Horvath moved, seconded by Hansen, to open the public hearing at 8 :27 p.m. The motion passed on a unanimous voice vote.
Roll Call of Board Members - Clerk Jasica - As noted above.
Acknowledging Publication of the Public Hearing - Clerk Jasica noted that publication was made.
Questions and Comments from Board Members - There were no questions from the Board Members.
Questions and Comments from the Public and Press - There were no questions from the public and press.
Discussion by Board Members - There was none.
Close the Public Hearing - President Rodeghier asked for a motion to close the public hearing. Action will be taken on the matter on May 22, 2017 or as soon as possible thereafter.
Trustee Hansen moved, seconded by Gallagher, to close the public hearing at 8:30 p.m. The motion passed on a unanimous voice vote.
Explanation Of The Omnibus Voting Procedure:
President Rodeghier said the Illinois State Statutes allow a municipality to collectively vote on a group of ordinances, resolutions, and other motions, such as awards of contract, appointments, etc, This is known as an omnibus vote. All the items contained on the omnibus vote list have been previously discussed by the President and Board of Trustees on at least one occasion, and often on several occasions. By placing them on the omnibus vote list, a single vote may be taken to approve them. A Trustee may remove any item from the list and have it discussed and voted on separately, prior to the omnibus vote. Is there any such request?
Trustee Glowiak requested that agenda item 9 be removed from the omnibus vote list. The item will be addressed following omnibus voting.
Consideration Of An Omnibus Vote: (Trustee Gallagher)
Trustee Glowiak moved act upon the following agenda items under the omnibus vote provision of the Western Springs Municipal Code:
Trustee Glowiak moved that that the following ordinances, resolutions and motions as contained on the meeting agenda for May 8, 2017, be adopted and/or approved under an omnibus vote:
Agenda item no.8-Ordinance no.17-2890 amending title 4, Liquor Control Chapter 1, Chapter 1 (Alcoholic Liquor), Section 4-L-9 (Classifications Of Licenses), Subsection 4-1-9(I) (Class 'T' License-Special Events On Property Owned Or Leased By A Not-For-Profit Organization) Of The Western Springs Village Code Of 1997, As Amended, Relative To The Number Of Class 'T' (Special Events On Property Owned Or Leased By A Not-For-Profit Organization) Liquor Licenses Which Can Be Issued In The Village Of Western Springs, Cook County, Illinois (St. John Of The Cross Parish: 2017 Family Festival Event Scheduled For June 22 To 25, 2017 At The 5005 Wolf Road Property)
Agenda Item No. 10 - Resolution No. 17-2386 Approving The Issuance Of A Raffle License Under Title 3 (Business Regulations), Chapter 12 (Charitable Games, Raffles, Bingo And Other Games Of Chance Regulations) Section 3-12-3 (Raffles) Of The Western Springs Municipal Code Of 1997, As Amended, For Applicant Lyons Township High School (LTHS) School Choir For Fund Raising Event For Travel To Ireland With A License Fee Waiver And Bond Waiver (Drawing On November 16, 2017)
Agenda Item No. 11 - Resolution No. 17-2387 Approving The Issuance Of A Raffle License Under Title 3 (Business Regulations Chapter 12 (Charitable Games, Raffles, Bingo And Other Games Of Chance Regulations) Section 3-12-3 (Raffles) Of The Western Springs Municipal Code Of 1997, As Amended, For Applicant St. John Of The Cross Parish, For Their 2017 Family Festival, June 22 - 25, 2017 Event With A License Fee Waiver And Bond Waiver
Agenda Item No. 12 - Motion To Authorize Village Manager Higgins To Implement Water Use Restrictions As Necessary From May 8, 2017 To September 30, 2017 Pursuant To Section 8- 5-6 (Water Supply) Of The Village Code
Agenda Item No, 13 - Motion To Approve A License And Indemnification Agreement For Temporary Use Permit To St, John Of The Cross Parish (SJC) To Allow SJC To Operate A Carnival From June 22 To June 25, 2017 As Part Of SJC's 2017 Family Festival (Carnival Operator: All Star Amusement Inc. D/B/A North American Midway Entertainment
Agenda Item No. 14 - Motion To Approve An Amendment To Second Addendum To The Market License Agreement Between Bensidoun USA Inc. And The Village Of Western Springs, Cook County, Illinois Authorizing Bensidoun USA Inc. To Operate The French Market On Sundays (May 14 To October 29, 2017)
agenda item no. 15 - motion to approve an outdoor caff, temporary use permit for intrepid western springs, LLC and its leases, including Starbucks coffee company location: private property at 6 47th street (northwest corner of 47th street and gilbert avenue)
The motion was seconded by Trustee Hansen.
The motion passed on a roll call vote. Trustees Horvath, Tymick, Allen, Gallagher, Glowiak, Hansen and President Rodeghier. Voting nay: None.
9) Ordinance 17-2891 Amending Ttitle 3 (Business Regulations Of The Western Springs Municipal Code With Regard To Conflicts With Certain Home Rule County Ordinances (Cook County Minimum Wage And Paid Sick Leave Ordinances)
Trustee Gallagher moved, seconded by Allen, to approve Ordinance No. 17-2891 Amending Title 3 (Business Regulations of the Western Springs Municipal Code With Regard To Conflicts with Certain Home Rule County Ordinances (Cook County Minimum Wage and Paid Sick Leave Ordinances).
Trustee Gallagher clarified that two weeks ago, President Rodeghier proposed a vote on the looming minimum wage issue as a vote not on the issues, but on practical matters. At the end of this month a new Board will be sworn in with three new members and a new president. In the past, it has been our board's policy to avoid imposing long-term policy decisions at the eleventh hour on a newly seated Board. However, if the current board did nothing, that would give the new Board just one meeting to research, discuss, and decide matters prior to taking a vote. Because of the complexity of this issue, it made good sense to postpone the vote so that the new Board has a say in the discussion.
President Rodeghier also proposed a temporary postponement of a decision on the merits in order to give the State legislature time to act on the minimum wage bill currently pending in the State legislature. The December 31 date on the ordinance means that if the State does nothing, the new Board will hear this matter again.
Trustee Allen asked if the Village opts out now, if we can opt in later. Attorney Jumsik affirmed this. Trustee Allen also asked if municipalities were affected. Attorney Jurusik said this would affect private employers only.
Discussed followed on the State's legal actions and how they might impact Cook County. Trustee Glowiak asked Attorney Jurusik to clarify that this only affects those age 18 and over. Attorney Jurusik confirmed this. Trustee Glowiak stated that opting out might also open up the Village to litigation and, whether the new or old Board makes the final decision, the majority of voters in Western Springs voted in favor of the referendum to raise the minimum wage. Trustee Horvath said he voted for the referendum but believes the State needs to dictate this issue, not Cook County, to avoid disadvantaging those in Cook County. The vote to amend the business code to opt out followed.
Attorney Jurusik read a paragraph from the ordinance:
"From the approval date of this Village Ordinance Number 27-2891 to December 31, 201 7, the Village President and the Village Manager, and their designs, are directed to meet with, communicate with and endeavor to work cooperatively with the Village's local business association and municipal associations (e.g., Illinois Municipal League, West Central Municipal Conference, Mayors and Managers Conference) and the Village's elected State representatives in an effort to encourage the Illinois General Assembly to adopt a uniform, State-wide minimum wage law and sick leave law in lieu of a minimum wage law and sick leave law adopted by Cook County Ordinance Numbers 16-s 768 and 16-4229.
Attorney Jurusik reiterated that this is not an opt out, but an affirmative effort to support a State wide minimum wage and sick leave law which would apply to municipalities throughout the State.
Trustee Tymick echoed Trustee Horvath's comments; he prefers to see minimum wage set at the State level.
Trustee Gallagher pointed out that three times the County went to their legal representatives asking if they had the authority to do this and three times they were told no.
Trustee Hansen asked to clarify that LaGrange has decided not to opt out. That was confirmed. Discussion followed.
The motion passed on a roll call vote. Voting aye: Trustee Tymick, Allen, Gallagher and Horvath. Voting nay: Trustee Hansen and Glowiak.
16) Village President Rodeghier
A) Emergency Medical Services Week Proclamation
President Rodeghier read the following proclamation which he and Village Clerk Jasica intended to sign this evening. There was no objection from the Board to this proclamation.
Emergency Medical Services Week Proclamation-
Whereas, emergency medical services is a vital public service; and
Whereas, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and
Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and
Whereas, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and
Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and
Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week;
Now, Therefore Be It Resolved that the Village of Western Springs proclaims the week of May 21-27 2017 as:
“Emergency Medical Services Week"
Further, we encourage the community to observe this week and commend the devotion, contributions, and services of members of emergency medical services teams.
B) National Police Week Proclamation
President Rodeghier read the following proclamation which he and Village Clerk Jasica intended to sign later this evening. There was no objection from the Board to this proclamation.
National Police Week Proclamation-
To recognize National Police Week 2017 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy.
Whereas, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Western Springs Police Department;
Whereas, there have been 15,548 assaults against law enforcement officers in 2015, resulting in approximately 14,453 injuries;
Whereas, since the first recorded death in 1791, more than 20,000 law enforcement officers in the United States have made the ultimate sacrifice and have been killed in the line of duty;
Whereas, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.;
Whereas, 394 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 143 officers killed in 2016 and 251 officers killed in previous years;
Whereas, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund's 29th Annual Candlelight Vigil, on the evening of May 13, 2017;
Whereas, the Candlelight Vigil is part of National Police Week; which takes place this year on May 14-20; Note: Because May 14, 2017 falls on a Sunday, some events will take place before the official dates of police week 2017;
Whereas, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half-staff;
Therefore, Be It Resolved that the Village of Western Springs formally designates May 14-20, 2017 as:
“Police Week In Western Springs”
And publicly salutes the service of law enforcement officers in our community and in communities across the nation.
C) Village of Hinsdale July 4 Parade
President Rodeghier said that the Village of Hinsdale invited Board members and their families to walk in the Village of Hinsdale July 4 parade. Any Board members interested in marching in the parade should notify Clerk Haeske. Those who would like to ride on the Western Springs fire truck should contact Director of Fire & EMS Kenny.
17) Village Manager Higgins
Manager Higgins said the West Central Municipal Conference annual dinner meeting is scheduled on Friday, June 9, 2017 at the Rosemont Convention Center. President Rodeghier currently serves as the President of the conference and he will be recognized that evening. Manager Higgins encouraged any Board members who are interested in attending the dinner to contact Clerk Haeske.
18) Village Attorney Jurusik
Trustee Horvath moved, seconded by Allen, to adjourn at 8:55 p.m. The motion passed on a unanimous voice vote.