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Friday, January 17, 2020

Village of Western Springs President and Board of Trustees met November 25

By Michael Abella | Jan 9, 2020

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Village of Western Springs President and Board of Trustees met Nov. 25.

Here is the minutes provided by the board:

President Alice F. Gallagher, Presiding

Call to Order, 7:00 p.m.

James Horvath, Acting Village Clerk

Board Members Present

Nicole Chen

Alan Fink

James John

Heidi Rudolph

William Siffermann

James Tyrrell

Others Present

Ingrid Velkme, Village Manager

Aleks Breidis, Director of Recreation

Patrick Kenny, Director Fire & EMS

Martin Scott, Director of CD

Brian Budds, Director of Law

Enforcement Services

Grace Turi, Director of Finance

John Mastandona, Asst Dir Finance

Matt Supert, Director of Mun Svcs

Michael Jurusik, Village Attorney

Electronic Attendance:

There was none.

CALL TO ORDER

The meeting opened at 7:00 p.m.

PLEDGE OF ALLEGIANCE

President Gallagher led the audience in the Pledge of Allegiance.

ROLL CALL (Acting Clerk Horvath)

READING OF AGENDA - ADDITIONS - DELETIONS

There were no changes

CITIZEN COMMENTS

There were no comments.

SERGEANT JOSPEH ROURKE RETIREMENT

Chief Brian Budds recognized Sergeant Joseph Rourke who will officially retire from the Western Springs Police Department on November 29, 2019 after serving the Village of Western Springs for 29 years with the last 18 years as a Sergeant.

During Sgt. Rourke's tenure, he proudly served in the Patrol Division and held various titles including Field Training Coordinator, Commercial Vehicle Enforcement Coordinator, and is a graduate of Northwestern University's Center for Public Safety School of Police Staff and Command. Chief Budds added that Sgt. Rourke's badge, 138, will be retired.

Sgt. Rourke introduced his family, his wife Colleen, daughter Jessica and son Joe. Sgt. Rourke also thanked the Board, Village staff members and his family for their support.

President Gallagher thanked Sergeant Rourke for his service and for serving with kindness and heart. She added that his mentorship of new officers is invaluable.

PUBLIC HEAMNG ON ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE APPROVAL OR PROHIBITION OF ADULT-USE CANNABIS BUSINESS ESTABLISHMENTS IN THE VILLAGE OF WESTERN SPmNGS

A. Call Public Hearing to Order

President Gallagher called the public hearing to order at 7:10 p.m.

B. Opening Statement by the Village President

President Gallagher reported that at the November 11, 2019 Board workshop meeting, the Public Health and Safety Committee recommended the Board adopt an ordinance establishing a temporary moratorium on the approval or prohibition of recreational cannabis businesses within Western Springs until after the November general election when voting residents will have an opportunity to weigh in on this issue via an advisory referendum. By consensus vote, the full Board concurred with that recommendation. The next step in the process is this public hearing which gives the public an opportunity to address the Board regarding the proposed adoption of an ordinance to establish the moratorium.

C. Overview of the Moratorium Ordinance Village Attorney

Attorney Jurusik said this ordinance is an action item on the docket this evening. The purpose of the public hearing is to discuss whether the Board wants to move forward and adopt this ordinance as a temporary moratorium to further evaluate recreational cannabis businesses. The draft ordinance will impose a temporary moratorium on adult use establishments for a one-year period which will start January 1, 2020 and end on December 31, 2020. Within the draft ordinance is a commitment for the Board to put in place three advisory referendum at the November 2020 election. The Board will have to come up with those advisory referendum questions later in the year. The draft moratorium ordinance before that Board puts the brakes on, not allowing recreational cannabis dispensary or like businesses to come into town until further study can happen and until a community survey can be done which will be thru the advisory referendum questions at the November 2020 election.

D. Public Comment

Resident Kevin Gordon asked the Board to prohibit recreational cannabis facilities in Western Springs. Mr. Gordon said there is no location in town which is suitable for a recreational cannabis business establishment.

E. Discussion by Village Board - Trustee Siffermann

Trustee Siffermann said he had a few comments prepared on this matter in support of a motion to temporarily prohibit adult use recreational cannabis business establishments from operating in the Village of Western Springs until such time as the results of the November 2020 advisory referendum may be reviewed by this body. He took note of Mr. Gordon's comments and the lack of any extensive comments that have been made at any other public meeting that we have had on this subject at the committee level. His statement follows:

President Gallagher and Members of the Board, I offer the following comments in support of a motion to temporarily prohibit adult use recreational cannabis business establishments from operating in the Village of Western Springs until such time as the results of an advisory referendum may be reviewed by this body.

It is my opinion that the Illinois Legislature 's and Governor 's acts to legalize recreational cannabisfor adults was ill-conceived, ill-advised and reckless. Their end goal was shameful (bailing out state funding shortages) and their means are shameless (proliferating production and tax revenues from increased use of a harmful substance). Hypnotized by the dollar, they prioritized the State 's fiscal health over its residents ' health and welfare.

Their means of increasing state revenue were poorly justified by their primary goal. Their abrupt application of situation ethics has created a panoply of real law enforcement and public safety challenges.

My perspective on this issue is informed by my 43-year career as a juvenile probation officer here in Cook County and more recently as Chief Probation Officer in San Francisco, where I witnessed thousands of families ravaged by recreational cannabis use that aided and abetted truancy, learning disabilities, homelessness, unemployment, proliferating drug usage, chronic poor judgement and criminal behaviors.

To think that legalized recreational use among adults 21 and over will not accelerate the opportunities and circumstances that will increase use among minors, is totally naive. I fully realize that our action this evening will not block the pending legislation authorizing recreational use by adults effective January 1st.

To think that revenue generated from the sale of recreational cannabisfor adult use by any business establishment here in Western Springs will provide lucrative fiscal benefit, is extremely naive. In Western Springs, I believe the end is not justified by the means.

For these reasons I support an ordinance that establishes a temporary moratorium on the approval or prohibition ofcannabis establishments in Western Springs.

Trustee Rudolph asked how many dispensary licenses will be issued or available by January 1, 2020. Attorney Jurusik said the State of Illinois has already issued 56 medical cannabis licenses. These license holders have the opportunity to also gain a recreational license in a dual capacity. The first phase is 106 licenses to be issued across the State. There are just under 50 in the Chicago metropolitan area. There is a second wave of licensing that will happen a couple years from now. Discussion followed. Trustee Rudolph asked about the results of the November 2018 state-wide referendum on marijuana. Village Manager Velkme said those results will be provided to the Board by Deputy Clerk Haeske. President Gallagher noted that was a very general question about whether or not voters supported the legalization of marijuana. The actual question that was on the November 2018 ballot will also be provided to the Board.

E. Adjournment of the Public Hearing

President Gallagher closed the public hearing at 7:22 p.m.

NEW BUSINESS

1) ORDINANCE 19-2979 ESTABLISHING A TEMPORARY MORATORIUM ON THE APPROVAL OR PROHIBITION OF ADULT-USE CANNABIS BUSINESS ESTABLISHMENTS IN THE VILLAGE OF WESTERN SPRING

MOTION:

Trustee Siffermann moved, seconded by Tyrrell, to approve Ordinance 19-2979 Establishing A Temporary Moratorium On The Approval Or Prohibition OfAdult-Use Cannabis Business Establishments In The Village Of Western Springs.

The motion passed on a roll call vote. 

Voting aye: Trustees Siffermarun, Tyrrell, Chen, Fink, John and Rudolph. 

Voting nay: None.

CONSIDERATION OF AND ACTION ON AGENDA ITEMS

EXPLANATION OF OMNIBUS VOTING PROCEDURE

President Gallagher 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.

There were no changes to the omnibus list.

Trustee Tyrrell moved that the following ordinances, resolutions and motions as contained on the meeting agenda for November 25, 2019, be adopted and/or approved under an omnibus vote:

AGENDA ITEM NO. 2 - APPROVAL OF MINUTES OF THE MEETINGS OF OCTOBER 28 AND NOVEMBER 11, 2019 AS READ

AGENDA ITEM NO. 3 - ORDINANCE 19-2980 AUTHORIZING THE DISPOSAL OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF WESTERN SPRINGS FINANCE DEPARTMENT (-MISCELLANEOUS EQUIPMENT)

AGENDA ITEM NO, 4 - ORDINANCE 19-2981 AMENDING TITLE 3 (-BUSINESS REGULATIONS). CHAPTER 3 CLICENSED BUSINESSES AND OCCUPATIONS; SCHEDULE OF FEES) AND CHAPTER 6 (SPECIAL BUSINESS REGULATIONS IIP, ARTICLE B fSCAVENGERS) AND TITLE 5 (PUBLIC HEALTH AND SAFETY), CHAPTER 4 (GARBAGE, REFUSE AND WASTE) OF THE WESTERN SPRINGS MUNICIPAL CODE TO UPDATE CERTAIN PROVISIONS REGARDING THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLING MATERIALS

AGENDA ITEM NO. 5 - ORDINANCE 19-2982 AMENDING TITLE 7 (MOTOR VEHICLES AND TRAFFIC), CHAPTJER2 (VEHICLE LICENSES) OF THE WESTERN SPRINGS MUNICIPAL CODE_TO AMEND CERTAIN CODE PROVISIONS PERTAINING TO PAYMENT OF MOTOR VEHICLE STICKER FEES AND THE PENALTY FOR DELINQUENT AND NON-PAYMENT OF MOTOR VEHICLE STICKERS

AGENDA ITEM NO. 6 - RESOLUTION 19-2513 APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF WESTERN SPRINGS AND BAXTER & WOODMAN. INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR PERFORMANCE OF PHASE 1 DESIGN ENGINEERING SERVICES RELATED TO THE ELEVATED W.ATER STORAGE TANK REPAINTING PROJECT

AGENDA ITEM NO. 7 - RESOLUTION 19-2514 APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF WESTERN SPRINGS AND BAXTER & WOODMAN. INC. FOR PROFESSIONAL ASSISTANCE IN PREPARATION OFTiiE APPLICATION AND SUPPORTING DOCUMENTATION FOR A LOW-INTEREST LOAN THROUGH THE FISCAL YEAR 2021 IEPA PUBLIC WATER SUPPLY LOAN PROGRAM

AGENDA ITEM NO. 8 - RESOLUTION 19-2515 DETERMINING THE ESTIMATED REAL PROPERTY TAX LEVY FOR YEAR 201.9 FOR THEVILLAGE OF WESTERN SPRINGS

AGENDA ITEM NO. 9 - RESOLUTION 19-2516 APPROVING A BUDGET AMENDMENT AND TRANSFERS OVER.$ 10,00000 TO THE FISCAL YEAR 2019 OPERATING BUDGET IN THE GENERAL FUND, WATER FUND. ROADWAY CONSTRUCTION FUND AND TIF FUND

AGENDA ITEM N0^10 - RESOLUTION 19-2517 APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT OF ADOPTION OF THE UPDATE OF THE COOK COUNTY MULTI-JURISDICTIQNAL HAZARD MITIGATION PLAN FOR THE VILLAGE OF WESTERN SPRINGS

AGENDA ITEM N0,11 - RESOLUTION 19-2518 APPOINTING CERTAIN CHIEF EXECUTIVES, ADMINISTRATORS/MANAGERS. AND MEMBERS OF THE VILLAGE BOARD/CITY COUNSEL TO THE POSITION OF DIRECTOR AND ALTERNATE DIRECTOR OF THE WEST COOK COUNTY SOLID WASTE AGENCY

AGENDA ITEM N0^12 -RESOLUTION 19-2519 APPROVING AND AUTHORIZING THE EXECUTION OF CHANGE OFLDERNO. 1 TO THE 2018 CONSTRUCTION CONTRACT ENTERED INTO BETWEENJTIE VILLAGE OF WESTERN SPRINGS AND DAVIS CONCRETE CONSTRUCTION COMPANY FOR THE 201_8 ROADWAY IMPROVEMENTS PROJECT

AGENDA ITEM N0^13 - MOTION TO WAIVE THE COMPETITIVE BIDDING PROCESS AND APPROVE AN OCTOBER 31, 2019_PRPPOSAL FOR CERTAIN WELL #4 MAINTENANCE WORK TO BE PEFIFO_RMED BY SUEZ OF ELBURN. ILLINOIS IN AN AMOUNT NOT TO EXCEED $276.035. CONSISTING OF WELL #4 OVERHAUL REMOVAL & INSPECTION WORK IN AN AMOUNT NOT TO EXCEED $25,000, THE PURCHASE OF A FACTORY REBUILT 400 HPBYRON JACKSON TYPE M MOTOR FOR THE PURCHASE PRICE OF $99.700. AND THE PURCHASE OF 760 FEET OF NEW 8" T&C PIPE WITH API/COUPLINGSAT A PURCHASE PRICE OF $52.440 AND SUCH OTHER NECESSARY WORK AT COSTS SET FORTH IN VILLAGE STAFF REPORT. TABLE 6.1: COST ANALYSIS FOR WELL #4 STRATEGIC IMPROVEMENTS AND SCHEDULED MAINTENANCE WORK) (BID WAIVER DUE TO LIMITED AVAILABILITY OF QUALIFIED WELL CONTRACTORS WHO CAN COMPLETE THE WORK ON THE VILLAGE'S TIMETABLE)

AGENDA ITEM NO. 14 - MOTION TO WAIVE THE COMPETITIVE_BIDDING PROCESS AND APPROVE A SEPTEMBER 9. 2019 INVOICE FOR EMERGENCY WELj, #3 REHABILITATION AND MAINTENANCE WORK PERFORMED BY SUEZ OF ELBURN, ILLINOIS AT A COST OF $142.024.00.00 ILLINOIS FBID WAIVER BASED ON SOLICITATION OF COMPETITIVE PROPOSALS FROM KNOWN. QUALITY VENDORS AND SELECTION OF SUEZ AFTER VILLAGE STAFF EQUIPMENT ASSESSMENT AND RECOMMENDATION1

AGENDA ITEM NO. 15 - MOTION TO WAIVE THE COMPETITIVE BIDDING PROCESS AND APPRO VETHE PURCHASE OF TWENTY-NINE (29} SELF CONTAINED BREATHING APPARATUS (SCBA) UNITS INCLUDING CREDIT FOR TWENTY-SIX (26} UNITS TO BE TRADED-IN AT A TOTAL PURCHASE PRICE OF $120,945 FROM AIR ONE EQUIPMENT, INC. OF SOUTH ELGIN. ILLINOIS [BID WAIVER BASED ON SOLICITATION.OF COMPETITIVE PROPOSALS FROM KNOWN, QUALITY VENDORS AND SELECTION OF AIR ONE EQUIPMENT AFTER VILLAGE STAFF EQUIPMENT ASSESSMENT AND RECOMMENDATION1

Trustee Siffermann seconded the motion.

The motion passed on a roll call vote. 

Voting aye: Tmstees Tyrrell, Chen, Fink, John, Rudolph, Siffermann and President Gallagher. 

Voting nay: None.

OTHER BUSINESS

There was none.

REPORTS

16) MONTHLY FINANCIAL REPORT - (Rudolph)

Trustee Rudolph presented the October monthly report. The Police Pension Fund posted positive results for October with unrealized gains of 1.49% but with a trailing 12-month return of 11.16% which exceeds our 6.75% assumption. This compares to last month when Trustee Rudolph reported a trailing 12-month return of 3.8%.

The General Fund ended the month with a surplus. Sales taxes received in October were (7.98%) lower than the same period last year and year-to-date receipts for sales tax are (2.89%) lower than the same period last year. Distributions of local income tax continue to outpace our projections resulting in an increase in our estimated revenue. Expenditures are on target which includes encumbrances of $99,759 which are for future transactions.

In the Water/Sewer Funds, the consumption billed in October was (.77%) lower than that of 2018. To date, consumption is (7.3%) lower than 2018. This fund is currently showing a surplus, however, that is just due to the timing between the receipt of IEPA loan proceeds and the first payment of work performed on Well #5.

MOTION:

Trustee Rudolph moved, seconded by John to accept the October 2019 financial report.

The motion passed on a roll call vote. 

Voting aye: Trustees Rudolph, Siffermann, Tyrrell, Chen, Fink and John. 

Voting nay: None.

17) VILLAGE PRESIDENT GALLAGHER

President Gallagher reported that on November 12-14, 2019, she as well as Village Manager Velkme, Finance Director Turi, Trustees Chen and Rudolph attended the West Central Municipal Conference Legislative Conference in Washington, DC. The WCMC is our regional council of government. President Gallagher reported this delegation met with several legislators and/or their staff, Representative Rodney Davis, who is a member of the House Committee on Transportation and Infrastructure, Senator Durbin's Senior Policy Advisor and also Senator Duckworth's Senior Policy Advisor, and Congressman Dan Lipinski's Legislative Director. At each of these meetings they discussed the status and outlook for a new transportation bill and also discussed the Village's concerns with lack of control and oversight over 5G implementation. The delegation also emphasized the need for Federal financial support to mitigate increased flooding and to help with combined sewer overflows and the separation of these combined sewers. The delegation also met as a group with the other members of WCMC with Senator Duckworth briefly and Senator Durbin. Representative Chuy Garcia spoke to the regional group about the current challenges in Washington including transportation and infrastructure planning and funding. President Gallagher added that it is always valuable to met with our representatives whether they are in Springfield or DC to share our concerns and explore potential grant opportunities. We are waiting to hear from each of these offices on ways we can pursue grant opportunities in the future.

Trustee Chen added that meeting with Senator Durbin was also illustrative of what was going on in Washington at the time. Tmstee Rudolph added that it seems impactful to go there as a group and representing the west suburban interests of ours and our similarly situated villages. This seems to her to be a good thing to do on an occasional basis and it was good for them to hear from us as a group. Trustee Rudolph added it was interesting that both Senator Durbin and Senator Duckworth met with the group personally as well as Senator Davis.

President Gallagher thanked Trustees Chen and Rudolph for attending the conference.

On Thursday, November 21, 2019, Trustee Chen, Directors Turi, Scott, and Briedis, Asst. Finance Director Mastandona and Fire Marshall Grimm attended the Western Springs Business Association annual luncheon at Foxford Station. The WSBA is getting ready for its annual Winter Wonderland and Christmas Marketplace which will take place on Saturday, December 7, from 2 until 7 p.m.

President Gallagher reported that today she received an email from Representative Kelli Burke who advises that the University of Illinois is completing an analysis of the studies on 5G and its effects. President Gallagher said this is good news. Also, the Swedish government is conducting a study of 5 G which may be published by the end of the year. President Gallagher shared an article on the study which states that the World Health Organization is conducting a risk assessment of health outcomes from radio frequency fields exposure which is timely, although President Gallagher does not know when that will be published.

President Gallagher concluded by saying she is thankful for this committed Board that is devoted to serving the residents of Western Springs and our staff, from the senior staff in the back row this evening, to everyone that is out there making sure that Western Springs continues to be the best place to call home. She wished everyone a very happy Thanksgiving.

18) VILLAGE MANAGER VELKME

Village Manager Velkme asked Director Scott to present this matter.

MOTION TO APPROVE THE SALE OF CRAFT COCKTAILS AT THE DECEMBER 7, 2019 WINTER WONDERLAND SPECIAL EVENT UNDER THE CLASS J LIQUOR LICENSE (SPECIAL EVENTS ON VILLAGE-OWNED PROPERTY; BEER AND WINE ONLY)^ ISSUED TO THE WESTERN SPRINGS BUSINESS ASSOCIATION

Director Scott presented this request on behalf of the Western Springs Business Association. The organization wishes to sell a craft cocktail, margaritas, for the December 7, 2019 event. Attorney Jurusik and Director Scott discussed making an amendment to liquor code to allow special circumstances such as this to allow special requests

MOTION:

Trustee Tyrrell moved, seconded by Rudolph to Approve The Sale Of Craft Cocktails At The December 7, 2019 Winter Wonderland Special Event Under The Class J Liquor License (Special Events On Village-Owned Property; Beer And Wine Only) Issued To The Western Springs Business Association.

With no objection from the Board, the matter proceeded to consideration of approval.

The motion passed on a roll call vote. 

Voting aye: Trustees Tyrrell, Chen, Fink, John, Rudolph and Siffermann. 

Voting nay: None.

Village Manager Velkme reported that the maintenance work on the Garden Market standpipe has been completed. The tank is ready to be refilled to its capacity of 2 million gallons. Beginning on December 2, 2019, staff will begin slowly filling over days. This will take about 4-5 days. As the valve to the tank is reopened and the flow of water changes direction, some residents may experience some temporary disruptions similar to the discoloration that you have when the fire hydrants are being flushed. This is temporary in nature so that we can balance out the water there. This should be resolved within a few hours. If anyone has any questions, Manager Velkme directed them to call the Water Department or Municipal Services. This information will be posted on the Village website on December 1, 2019. The monopoles will be moved onto the tank in first quarter 2020. There will be no impact on fire abatement.

Village Manager Velkme concluded by wishing everyone a happy Thanksgiving.

19) VILLAGE ATTORNEY JURUSIK

Attorney Jurusik wished everyone a happy Thanksgiving.

ADJOURN

With no further business to address, President Gallagher asked for a motion to adjourn the meeting. 

MOTION:

Trustee Tyrrell moved, seconded by Chen, to adjourn the meeting at 7:43 p.m. The motion passed on a unanimous voice vote.

https://www.wsprings.com/AgendaCenter/ViewFile/Minutes/_11252019-996

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Village of Western Springs