Village of Western Springs President and Board of Trustees met March 16.
Here is the minutes provided by the board:
President Alice F. Gallagher, Presiding
Call to Order, 7:00 p.m.
Elaine Haeske, Deputy Village Clerk
Board Members Present
Nicole Chen
Alan Fink
James John
James Tyrrell
Electronic Attendance:
Heidi Rudolph
Willliam Siffermann
Others Present
Ingrid Velkme, Village Manager
Aleks Breidis, Director of Recreation
Patrick Kenny, Director Fire & EMS
Brian Budds, Director of Law
Enforcement Services
Grace Turi, Director of Finance
Ellen Baer, Director ofAdmin
Casey Biernacki, Asst Dir Mun Svcs
Matt Supert, Director ofMun Svcs
Marty Scott, Director of CD
Michael Jurusik, Village Attorney
CALL TO ORDER
The meeting opened at 7:00 p.m.
ROLL CALL (Deputy Clerk Haeske)
As noted above. Tmstees Rudolph and Siffermann participated electronically due to COVID-19.
READING OF AGENDA - ADDITIONS - DELETIONS
There were no changes.
RECOGNITION OF RETIRING FIREFIGHTER FRED LESCH
President Gallagher reported that due to COVID-19 and social distancing requirements, recognition of retiring Firefighter Fred Lesch will not be on this evening's agenda. It is her hope that we will be able to recognize Firefighter Lesch in the future as he deserves that recognition.
PUBLIC HEALTH UPDATE
President Gallagher assured residents that there is nothing more important to the Board of Trustees than the health and well-being of our Village residents. The Village is closely monitoring the everchanging guidelines and we receive weekly, now twice-weekly, advice from regional and health experts and the governor's office on steps to take to keep our residents safe. To date there are no known or suspected COVID-19 cases in Western Springs, but no community is immune, and the Board takes the corona virus threat very seriously. We have adopted extraordinary mitigation strategies including closing all our recreational facilities. All programs at the Recreation Center and Grand Avenue are closed imtil Apiil 7, 2020. That date may change so please check the website for updates. In the meantime, all facilities will be thoroughly cleaned and disinfected. We have also been notified by the Thomas Ford Memorial Library and public and private school districts that many local programs in our area have been closed or cancelled. President Gallagher encouraged residents to check the individual websites of those entities for more information. President Gallagher did point out that the Recreation Center would be open on March 17, 2020 for voting. Extra steps were being taken to keep the polling place clean. Starting on Tuesday, March 17, 2020, Village Hall will continue operations but beyond the lobby, the building will be closed to the public. The walk-up kiosk will not provide services at this time. President Gallagher asked residents to please conduct business with the Village on-line or by phone or by the Village lobby drop box which will be available during weekly business hours. President Gallagher said her weekly office hours will also be suspended during this time.
President Gallagher added that Village staff has prepared extensively over the past weeks and is ready to meet any challenge should a community outbreak occur. President Gallagher said residents will hear more from the individual departments later. The Board will postpone all non- essential meetings for the near future. For essential meetings, such as tonight, we are required by law to have a quorum of Board members physically present, however, we just learned late this afternoon that this provision of the Open Meetings Act is being suspended for the time-being, however, for our public meetings going forward, we will allow pre-submitted comments to be submitted to the Village and those comments will be read into the record. We will see how we conduct our meetings in the future depending on the technology available in the building.
Tonight, the Board will consider the unusual measure of adopting a state of emergency ordinance that will authorize me, as Village President, and Village Manager Velkme to act swiftly to supplement local resources, as needed, to effectively respond to an emergency. As the virus spreads, fear naturally spreads with it. We are right to be concerned and we all should follow CDC guidelines to stay safe. Prepare, take cautions, but don't panic. Check the facts before spreading rumors and causing undue alarm. By all means, call your doctor if you think you have the virus, but we all have a responsibility to minimize the impact on our healthcare facilities so that they can continue to provide quality care to the most vulnerable members of our community. Staying home is an important part of the strategy to limit the spread ofCOVID-19. College and study abroad students where coronavirus is prevalent should self-quarantine for two (2) weeks. Do your shopping during off-peak hours to avoid crowds. Small changes can make big differences. As we socially distance ourselves from friends and neighbors, think of those you may know who may need extra help during this difficult time. A friendly phone call or email can be vital. If you are concerned about a resident, call the non-emergency number and a police officer will make a well-being check. Per the governor's orders, our dine-in restaurants will be closed after tonight. In this uncertain time, please support our local establishments by buying gift cards or ordering take-out or delivery. For information on public health guidelines, the Center for Disease Control (CDC) and the Illinois Department of Public Health both have excellent websites and resources for your questions and concerns. We have dedicated a page on our website and will update it with the most recent credible public health information as it becomes available. Together we will manage this challenging time.
SMALL CELL / 5G Update
Trustee John read the following statement.
• Before we get started with our 5G discussion, I wanted to say a few words.
• First, I thank the involvement of our Western Springs Village residents that have so passionately provided their ideas to help Western Springs develop local ordinances, resolutions and guideline as well as proposed amendments to state and federal legislation
• I also want to thank those individuals who have reached out to me and others on this board, voicing their support for 5G and desire for the board to be fiscally responsible with their tax dollars, not putting us in a position to ignore other critical village needs
• Tonight, we will be reviewing and voting on updated village codes and amendments to design standards and proposed amendments to the Illinois small cell deployment act that put Western Springs in a leadership role among Illinois municipalities to exert as much local control on this issue as we reasonably can under State and federal laws.
• Some facts I want to reiterate so that we are all on the same page:
o When we, as Western Springs residents, purchased our homes, -we took title subject to public utility easements that give the electric, gas, phone, TV cable, water and sewer lines access above and below our properties
o In Western Springs, public utility easements are typically located in the parkways along all roads and some are located along the side yards and rear yards of our lots
o Our public rights of way and adjacent parkways are held in trust by the Village for the benefit of the public; we cannot dictate what utility installations go in there when authorized by State law and public utility easements
o More specifically, the federal and state laws, including the Federal Telecommunications Act of 1996 do not allow the village to implement blanket restrictions on use of these Right-of-Ways, by utilities, including telecommunication companies, including for reasons relating to the alleged health effects of radio frequency emissions
o However, the Illinois small cell deployment act does allow the Village to make sure that small cell devices comply with public safety standards.
o To that end, the Village is taking the lead with its updated village code small cell ordinance, its amendments to the village small cell design standards and proposed amendments to the Illinois small cell deployment act to enact monitoring and testing requirements for small cell devices and other wireless telecommunication devices and to impose penalties for non-compliance.
o These local and state legislative amendments have been drafted with significant input from our residents - which we appreciate — and have received the support from the Illinois Municipal League.
• Over the past couple of weeks, I have received communications from numerous residents regarding the desire to include a stipulation in the code requiring a 200-foot residential set-back for all Wireless transmission devices and I would like to address that request
o First, let me read the provision from the "Revised And Updated General Guidelines and Small Wireless Facility Design, Aesthetic, Stealth and Concealment Standards
" Small wireless facilities may not be sited within one hundred (100)feet of any residence unless collocated on an existing utility pole or other structure in a manner otherwise consistent with these standards, State and federal laws
• The important part of this statement is consistent with., State and federal laws. " These laws are the ones referenced afe-w minutes ago, giving the telecom companies access to the right-of-way along the road in front of and beside (corner lots) our homes
• That means regardless of the 100 feet, 200 feet or 10.000feet, the telecom providers wil! follow the rights provided to them and select the right-of- way as their preferred location for install.
o Naming an overly restrictive "set-back distance " greater than the 100 feet has no impact upon the locations selected by the telecom companies because they have the option to locate in the right-of-of-way
o Telecom companies will argue that the more restrictive set-back distance requirement is an illegal regulation based on RF health concerns, not a permissible aesthetic standard
o Therefore, the Western Springs Planning and Zoning Committee is standing firm with the 100-foot setback in the previously referenced design guidelines
• Regarding litigation, several citizens made mention that litigation \vas worth the risk and that they would be -willing to provide financial support to the village to offset legal fees and fines Let 's go over that
o First, legal strategy is not typically a citizen exercise or decision. This needs to be determined by legal counsel, the Board, and Staff. Moreover, public discussion of litigation strategy is strongly discouraged.
o Second, these telecom companies have deep pockets ands-warms of lawyers and Western Springs has neither. Even a "small" piece of litigation can require hundreds of thousands of dollars of legal fees prior to reaching any resolution
o Third, we have conferred with our insurance provider and if it is deemed that the village has implemented an ordinance that is in direct conflict with known state or federal lav/, they will not provide coverage.
o Fourth, if in reaching a resolution, adverse judgment against the village, it could be a significant dollar amount when you add up the judgment plus attorney defense fees
o Removing any amount of money, let alone a significant number, would negatively impact the various services provided by the village, including but not limited to police and fire protection, street maintenance, -water delivery, parks and recreation.
o Do we really -want to risk having a less safe village, with more potholes, lower quality -water and limited facilities for our children to play?
o Finally, not only are the statements of citizen financial support to the village non- binding
o Based on comments received from residents who support 5G technology and those that don't, this village board is not comfortable putting the Village 's financial health at risk.
• Running a village is not easy, it is complex. And it relies upon the cooperation -with numerous local, state and federal entities. Much of our funding comes from sources other than property taxes and helps us pursue infrastructure and other projects. We need to continue to be seen as a financially stable village that cooperates with all of our partners.
• What is important to one group of individuals is different than what is important to others and often, they are completely opposite. Compromise is critical.
• As stated previously, for those of you who -wish to continue to fight 5G, we recommend you reach out to your state and federal lawmakers and the telecom companies directly with your concerns
• From a village perspective, I am proud of the improvements -we have made with regard to 5G communication to citizens and improving the strength of our resolutions
• We have taken the necessary steps to utilize what powers of regulation the Village can pursuant to State and federal law, but pushing the envelope further may result in diminishing returns, whether it be 'with regard to 5G oversight, lack of focus on other critical initiatives and the financial stability of the Village.
CITIZEN COMMENTS
Resident Mary Deruntz expressed her concerns about removal of the existing Oak Street pedestrian bridge and safety of pedestrian crossing at Ogden Avenue. Her preference is for the pedestrian bridge to remain at its current location. Ms. Demntz also requested the Board conduct a traffic study.
Resident A.L. Vlazny commented that he believes the 47 Street crossing is currently unsafe and he welcomed the new pedestrian bridge at that location.
Village Manager Velkme read into the record public comments that were submitted electronically. The comments are attached to these minutes.
CONSIDERATION OF AGENDA ITEMS DUMNG THE WORKSHOP PORTION OF THE COMBINED MEETING
1) PROPERTIES AND RECREATION - TRUSTEE CHEN
A) Capital Summary Report
Trustee Chen presented the highlights of the Properties and Recreation Committee Capital Summary Report. The East Train Platform project is complete and, but the punch list is nearly complete with the exception of some plant material replacements approved by IDOT which will be replaced in the spring. The second project is the Wolf Road Bike Path. Village staff has replied to many of the entities involved in this project. The third project the committee discussed in their last meeting is the West Underpass project. Phase I and II engineering has been completed by the Illinois Tollway. The project is now in the construction phase. Through a lot of extraordinary efforts by staff, the project was submitted to IDOT on March 2, 2020 and is currently scheduled for a June 2020 letting.
Trustee Chen also reported that staff did have a question from a resident regarding the history of the West Underpass. Trustee Chen said the answer is that it is a long history. The Board received a timeline in their agenda packet. Trustee Chen said we are still trying to go back to the original history in the late 1990s or 2000s when there may have been some citizen movement to establish underpasses and influences from the railroad. The East Underpass was actually completed in August of 2005. The Village then began pursuing an underpass on the west side of the Village. A lot of things happened between funding and other issues between August 2005 and March 2020. Grants were secured during that time and the Village also went through a financial crisis and things went stagnant from 2010 to 2015. The Village applied for and secured some funds for the project in October 2017 through the Federal Surface Transportation Urban (STP-U) funds program. In June 2018, the Illinois Tollway dedicated to fund the Phase II (Design Engineering) of the West Underpass as part of the BNSF Bridge Reconstruction project and Phase II engineering began in June 2018. The Village obtained $200,000 from the Invest in Cook grant program. In January 2019, the Village obtained $900,000 in grant funding from the Illinois Commerce Commission (ICC). In April 2019, Metra contributed $200,000 to support the West Underpass. The process has been ongoing and there had been some doubt about the funding as of late but, we have gotten assurances from officials and all documentation has been submitted into IDOT as of March 2, 2020. We are hoping the project will be let in June and construction would begin later this year.
Trustee Chen thanked Assistant Director Biernacki for compiling the history for the benefit of the Board.
Trustee Chen then read the Arbor Day proclamation into the record. The Village is a Tree City.
ARBOR DAY - April 24, 2020
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
WHEREAS, Arbor Day is now observed throughout the nation and the world, and
WHEREAS, trees can reduce the erosion of our precious topsail by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, the Village of Western Springs has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting ways.
NOW, THEREFORE, we, the members of the Board ofTmstees of the Village of Western Springs, Cook County, Illinois, acting by and through the Village President, do hereby proclaim April 24, 2020, as Arbor Day and urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program; and
FURTHER, we urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. Gardening makes a world of difference.
Approval of the proclamation is included on the omnibus vote list scheduled later this evening.
B) Other
There was no other business.
2) PUBLIC WORKS AND WATER - TRUSTEE FINK
A) Capital Summary Report
Trustee Fink presented the Public Works and Water Capital Summary Report. Well #5 Transmission Main and Well #5 Drilling projects are complete. Well 5 Electrical and Pumping Station project paperwork was submitted to the IEPA. A pre-construction project meeting will be scheduled in the coming weeks but with the COVID-19 situation, staff will be playing the next steps by ear. The Standpipe Repainting project is complete, and antennas are being re-installed on top of the standpipe. With regard to the 2020 Roadway Referendum project. Prospect Avenue Phase II (Design Engineering) is nearing completion and staff has met with the Western Springs Pool representatives to discuss impact to their parking lot during the project. The project will be going to bid in April. A meeting was held on February 18, 2020 for residents ofClausen Avenue with existing lead services who might be interested in changing out their service lines during this project. The 2020 Motor Fuel Tax (MFT) Resurfacing Program project is going to bid in April with construction occurring in early summer. The 2019 Roadway Referendum Program project is nearly complete with project area restoration and sod to be le.id in the spring. The Electrical Charging Station project is nearly complete with ComEd needing to install a meter on the station and we are just waiting for the weather to improve for construction. This project is expected to take four (4) weeks to complete once it is underway.
B) HR Green Amiad Filter Replacement Proposal
The Public Works and Water Committee is recommending approval of a contract with HR Green in the amount of$l 8,190 for the Amiad filters for the water filtration plant. These filters largely remove iron from the water. The filters need to be replaced every 7-10 years and the plan is to purchase the filters now and install them in the fall once the high-water use season is complete. We are on year eight (8) with the current filters. Director Supert said we would wait for a low demand time. This is part of the preventative maintenance plan.
C) 2020 Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) Spending Resolution
The committee recommended approval of an IDOT resolution for the Village to use motor fuel tax funds in the amount of $503,100 for the 2020 Motor Fuel Tax (MFT) Asphalt Resurfacing Project. This would include utilizing MFT funds for Phase II (Design Engineering), Phase III (Inspection Engineering) and construction costs. This is a housekeeping item which IDOT requires annually with regard to the Village utilizing the MFT funds.
D) Ridgewood Oaks Bid Tab and Award of Bid
The committee recommended approval of an award of bid for the Ridgewood Oaks Detention Basin project to lowest qualified responsible bidder, Earthworks Land Improvement & Development Corporation of Batavia, IL, in the amount of $514,987.50. This approval is subject to the formation of Special Service Area #8, a financing mechanism, for the Ridgewood Oaks Homeowners Association to repay the Village for project costs. Director Supert reported that he had had a conference call with the HOA President last week who indicated they are comfortable with the project bids. A final cost tally is being finalized and some easement work is out to the surveyor. Once all that is complete, the final special servicing area (SSA) package will be compiled.
E) Infrastmcture Commission Meeting - March 26, 2020
This meeting was cancelled due to COVID-19.
F) 51 Street and Fair Elms Avenue Flow Monitoring Program
Trustee Fink reported on this issue at 51 Street and Fair Elms. It was noted by Village staff that water was mnning into Flagg Creek which is not environmentally friendly. The water is coming from an old pipe that is unregistered through the Village and no one really knows where the water is coming from. This situation needs to be remediated and the water flow capped off. Before crews go in and cap it off, the recommendation is to complete a flow study to see how much water is going through there and what will happen when we do cap it off. The committee recommended approval of a proposal with RJN Group to have them analyze the situation and take an investigative approach staff feels which will give the best data of what is occurring and the modeling necessary to make an informed approach to eliminate the overflow. Staff believes this approach will evaluate the effects on the sanitary system both upstream and downstream. The proposal includes rental and servicing of the equipment which will collect the data necessary to analyze the situation. Further, it includes analysis and interpretation of the data and a recommendation on how to proceed. This work was not anticipated and not included in the 2020 budget so a budget amendment will be needed. The committee recommended the Board approve a professional services agreement with RJN Group Inc. of Wheaton, II at a total cost not to exceed $29,400. A motion to approve is this work is included on the omnibus vote list scheduled later this evening.
G) 4900 Grand Avenue Manhole Repair
Trustee Fink reported on an emergency repair request which was approved by Village Manager Velkme. Hoerr Construction conducted sewer televising for the 2020 Road Reconstruction projects as well as a few troublesome spots in town. The sanitary manhole at 49 and Grand Avenue in Forest Hills was identified as partially collapsed and contained a void behind the manhole to the west reaching up to the bottom of the asphalt road surface. This manhole was repaired once before but now required replacement of the manhole. Two proposals were acquired from different companies and staff recommended moving forward with the lower cost proposal. The committee recommended the Board ratify the approval of emergency repair work for the 4900 Grand Avenue manhole replacement project by Calumet City Plumbing Company Inc. of Calumet City, IL in the amount of $10,990 in lieu of competitive bids. Since this was an emergency situation, the Village was not able to competitively bid this project.
H) Well #4 Update
Director Supert reported on the status of the work on Well #4. The motor was delivered to Suez on Monday, March 16. Staff is anticipating Suez to arrive on Wednesday, IVIarch 1 8, mobilizing to put the motor and pump back down into the well. It is anticipated that it will take between 3 and 5 days to get that equipment down into the well. A conference call between staff and the engineer on the project is scheduled on Wednesday, March 18 to work on some of the electrical components related to that. Depending on the timing, the goal is to have everything back into place early during the week of March 23. Once the well is up and running, we must flush the well water to waste for 48 - 72 hours and then we must get back our bacterial samples. Director Supert said that could be as quick as 48 hours or it could be longer just depending on how long the samples take to clear. The samples have to be sent out to an IEPA certified lab. The requirement is for two (2) samples cleared within 24 hours of each other.
3) FINANCE - TRUSTEE RUDOLPH
A) Interrogator Meter Reading Equipment Replacement
Trustee Rudolph reported on a request from Director Turi to purchase new water meter reading equipment. The current equipment is in disrepair and has exceeded its useful life. The maker of this equipment, SENSUS, is no longer supporting the current make and model of our equipment. The replacement equipment consists of three (3) sets of the interrogator, link and auto gun. Director Turi requested waiver of the bidding process as the equipment is considered an upgrade. The cost of the replacement equipment is $4,615 per set or $13,485 in total. The committee recommended the Board waive the bidding process and approve this request. A motion is included on the omnibus vote list scheduled later this evening.
B) Resolution Authorizing and Approving the Community Bank of Western Springs as a Depositary of Village Funds and to Authorize Signatories for Village Accounts and Repealing Resolution No. 00-1645
Trustee Rudolph reported that staff spent quite a bit of time reviewing and looking at the Village's banking services. This was not done because of any dissatisfaction with the current banking relationship but rather it was a good time to go out and see if there were any improvements in cost or service to the Village. The Finance team conducted a thorough Request for Proposal (RFP) process among many local banks. As a result of this process, Director Turi recommended, and the committee concurred and recommended to the Board, to authorize continuing to use the Community Bank of Western Springs as the depository of our Village funds and to authorize our signatories for Village accounts. There was an extensive review and the Finance Committee was very pleased with the response from the Community Bank of Western Springs, not only with the services and the fees associated, but also how they have been a partner in terms of their support for the downtown and the businesses locally so we were very pleased to see them come in where they did and to reauthorize continuing the relationship. An approval resolution was on the omnibus vote list scheduled later this evening.
C) Resolution Approving a Budget Amendments and a Transfer Over $10,000 to the Fiscal Year 2019 Operating Budget in the Motor Fuel Tax Fund
Trustee Rudolph presented a budget amendment request for sidewalk repair costs in the amount of $6,693.00. This is a 2019 budgetary action per Director Turi. During the audit for 2019, it was discovered this line item was out of budget and this amendment will make the correction. Expenditures were counted on a net basis versus gross which resulted in the shortage in this line item.
D) February Monthly Report
Trustee Rudolph reported that due to the early timing of this meeting, the February monthly report was not available. The February 2020 monthly report will be provided at the next Board meeting.
E) Other
Trustee Rudolph stated that Village vehicle stickers applications were mailed to all residents. She reminded everyone to be on the lookout for those. The late payment penalty has been increased to $50 this year so please remit payment in a timely manner. Director Turi encouraged residents to use the mail or online payment of Village vehicle stickers rather than coming to Village Hall.
Trustee Rudolph reiterated the message of President Gallagher earlier this evening to ask all residents to remember to support our local businesses in these times and to do all that we can to support our local business with purchases of gift cards and take out.
4) PLANNING AND ZONING - TRUSTEE JOHN
A) Municipal Services Associates Inc. Professional Services Agreement for Small Cell and Telecommunication Consulting)
As a continuation of his previous comments, Tmstee John said much of what he is presenting this evening has to do with 5G. To support the Western Springs team, we are looking to hire Stu Chapman of Municipal Services Associates Inc., in a professional services agreement for small cell and telecommunication consulting. In this role, Stu, who is an expert in telecommunications and has worked with several municipalities over the years, will help the Village of Western Springs in three areas. First, with small wireless facilities applications review. As we receive applications from telecommunications companies, we will leverage his expertise to ensure that they meet our standards and the requirements for submission. Second, microcell facilities review, associated with radio antennas, or generator installations on water towers and in buildings to ensure that they meet the regulations that the Village and state and local governments have set forth. Those first two tasks are paid for by the telecommunications companies in their application so there is no outlay of cost associated with the Village. Additionally, at our own expense, Stu will be helping us with additional consulting services to help us with the complexities of5G and its implementation and the complexity of its technologies.
Mr. Chapman has already been involved with permit review with Directors Scott and Supert which has been of great help. Discussion followed. Consideration of approval of the professional service agreement is on the omnibus vote list scheduled later this evening.
B) Ordinance Amending Village Code Relative to Small Cell Wireless Facilities, Utility Noise and Construction of Utility Facilities in the Right- of-Way
Trustee John said that on March 5, 2020, the Planning and Zoning Committee met and several residents as well as Mr. Chapman were in attendance. Discussion included draft regulations and ordinances that had been developed by Attorney Jurusik with the input of the individuals.
Attorney Jumsik provided the highlights of this proposed ordinance. This ordinance is an amendment to the small cell facilities ordinance which the Village adopted last year. The amendment is based in part on residents' input, which was welcomed, and in part based on the legislative amendments that we will talk about under agenda item D) that the committee is proposing that the State take up for some of the shortcomings of the State Act.
Attorney Jurusik touched on the three documents as well as some of the public comment statements which the Board received and Village Manager Velkme read into the record earlier this evening. Attorney Jurusik said we heard several comments that residents do not want 5G antennas on utility poles near their homes, in their backyards, in part because they feel it is not safe to human health. Attorney Jumsik said it is important that he reminds you, as he has done at every meeting, that the Village Board cannot adopt small cell regulations that restrict or prohibit placement of these small cell devices based on health concerns. That regulatory power was taken away from us under the Federal law, the FCC regulations, and that is very clear. The decisions the Board makes tonight are not based on health decisions, the potential negative impacts or effects of radio frequency of these devices. What the Board is doing tonight is within the law. We are making aesthetic decisions because that is one of the limited areas where we are able to regulate. That is why our design standards are called just that, they are standards and guidelines because that is all we are allowed to do is regulate with respect to aesthetics.
There is a provision within the State law that speaks to how municipalities can make sure that the operation of these devices complies to applicable safety standards. That provision of the State Act is what we used as our hook to re-tool our Small Cell Village code and also what we have put into the State law with amendments to put in a monitoring, testing, reporting provision to make sure these sniall cell devices are operating in compliance with Federal regulations and that we have penalty provisions. None of that existed in the current State law, none of it exists in Federal law. We are using a State law provision to implement those for the protection of our residents, and we are also making that legislative proposal to amend the State law so that is something that communities around the State can get the benefit of in these situations.
Attorney Jurusik reiterated, we cannot make decisions based on health concerns because that is not within our jurisdiction, it has to be based on aesthetics, and what the statute allows us to deal with. There was a citizen comment inquiring if the Village has insurance in the event that we are sued over our regulations and it is clear, we heard Trustee John say at the outset tonight, and the answer to that question is "no". It is also clear that we cannot adopt an ordinance that clearly violates State or Federal law and get coverage for that. Trustee Tyrrell asked if we could get challenged on the safety issue. Attorney Jurusik said we could but there is a very clear provision in the State Act, and he will touch on it when he rolls through it, that says that municipalities can make sure that the applicable public safety standards are being met. It is a very short provision and what we have done is expanded on that in a way that Attorney Jurusik believes is defensible and in a way that should have been put in legislation initially.
Attorney Jurusik added that there were a couple of comments about the 100', 200' setback and there is a comment that says the Village has proposed a setback of 100' for some residents and there is no setback for other residents. Attorney Jurusik said that is simply not true. This 100', 200' setback is really a "red herring" and he proceeded to explain why. The State law specifically says that small wireless facilities shall be classified as permitted uses in all rights-of-way in any zoning district. That's the end-all, be all of what we are talking about here tonight. Attorney Jurusik said we recommended to adopt a 100' setback except as otherwise allowed by State law. The 100' setback for residences except as otherwise allowed by State law as a leverage tool to try to encourage the cell carriers to move these poles as far away from residences as possible exercising our aesthetic regulations. This wasn't a health decision because we cannot regulate on that basis. The 100' regulation was to try to minimize pole proliferation. We have talked about that; we don't want twenty (20) poles per block. That is why we have adopted regulations that have encouraged the cell carriers to put new poles at the comers at intersections if they don't already exist and they can't locate on existing poles at intersections.
We also suggest regulations that encourage the cell carriers install at mid or at the lot lines of two adjoining properties. That is so no individual property owner is burdened by having a pole in front of his or her house; it moves to the shared property line. That way, when we allow them to build out their grid, which they are allowed to do under State law, they do it in a way that minimizes the number of poles per block. We are not able to minimize the number of poles per block, we can't set an artificial limitation because we can't do that under State law but we are trying to work within these aesthetic guideline power that we have been given to encourage placement in areas that maximizes separation from residences and minimizes the number of poles within our neighborhoods.
Attorney Jurusik made a final comment concerning public comments. There was some concern about language about having staff override conditions or guidelines in the ordinance, we have removed that. There are a couple paragraphs where staff has discretion to implement alternatives to some of the design standards when we are dealing with replacement of our poles and when dealing with the stealth or concealment of wires, that kind of thing, just because in the field, with product changes, we want some flexibility for staff to deal with certain design alternatives that don't neatly fit within our standards. We always have an opportunity to update our standards so we may have staff making a discretionary adjustment to a standard that looks better that isn't captured in our current regulations. An update to that regulation would follow. Discussion and a question and answer period followed. Trustee Rudolph summarized by saying it's complex by putting together the "if, then scenarios" but the way that I understand it, the order of preference where these will be located, we have worked really hard to minimize the quantity in a given block or a given area. It is pretty complex to follow but we are doing the absolutely best we can within the laws that we have to comply with, and we are really trying hard to limit the quantity and "pin cushion effect".
Attorney Jumsik continued to review the highlights of the ordinance for the Board. The goal of the ordinance and the proposed amendments to State law attempt to minimize the pole proliferation and put in a monitoring and testing provision in the ordinance and in State law that protect the municipality and the residents from devices that don't comply with FCC regulations or performance standards.
C) Resolution Adopting Revised And Updated Written Design Standards For Small Wireless Facilities Within The Village with Approving Resolution
Attorney Jumsik said these are more aesthetics. We have addressed a lot of the comments that people had wanted, some measurements and some amendments to these guidelines. Discussion followed.
D) Proposed Legislation to Amend the Small Wireless Deployment Act with Resolution Supporting Adoption
The ordinance (agenda item 4B) and resolution (agenda item 4C) were added to the omnibus vote list for consideration of approval during the special meeting portion of tonight's combined workshop and special meeting.
E) Resolution to Allow for Disbursement of Impact Fees to the Park District of Western Springs, Western Springs School District 101, and Lyons Township School District 204
Trustee John said Village code requires that new residential development provide for land or financial donations from developers to school and park districts. With Foxford Station, because of the limited availability or green space, they have decided to make impact fee payments to the park and schools. The formula for payment is based on the size of the lots, the number of residents, etc. The payment to the Park District will be $51,857 and $20,229.44 will be paid to School Districts 101 and 204. A draft resolution approving this payment for the Board's consideration was included in the agenda packet. The resolution is on the docket for approval later this evening.
F) Ordinance Granting Final Approval of the Foxford Commercial Building Signage for the Commercial / Residential Mixed Use Development Known As Foxford Station Located at the 4441 to 4453 Wolf Road Properties and the 4450 Johnson Avenue Property
Trustee John reported that the good news is that we have a company that has taken the first floor of the Foxford Station property. The tenant will be D'Aprile Properties. A draft ordinance providing for final approval of Foxford commercial signage for the commercial mixed-use development has been prepared by Attorney Jumsik's office. The sign is tastefully designed and is not too big. This ordinance was included in the omnibus vote list scheduled for consideration later this evening.
G) Appointment of Brandon Calvert as Member of Board of Zoning Appeals to fill vacant seat through December 2021
This appointment would be more of a reappointment as Mr. Brandon Calvert previously served on the Board of Zoning Appeals until last fall. His home sold unexpectedly fast and he was forced to rent out of town. He recently found a home back in town and expressed interest in being reappointed. The appointment is to fill a vacancy on the Board of Zoning Appeals through December 2021.
President Gallagher thanked both Trustee John and Rudolph for their work on Small Cell matters both on March 5, 2020 and at this meeting this evening.
5) PUBLIC HEALTH AND SAFETY - TRUSTEE SIFFERMANN
A) Department of Law Enforcement Services 2019 Annual Report
B) Department of Law Enforcement Services 2019 Community & Traffic Survey Summaries
Tustee Siffermann respectfully requested that his report this evening be deferred so that he could present a very comprehensive report on the 2019 Annual Report and the results of the 2019 Community & Traffic Survey summaries in person at our next meeting. Trustee Siffermann said these documents are included in the Board agenda packet and they remarkable evidence of a positive delivery of law enforcement services that is worthy of our attention. Further, Trustee Siffermann said he would like to leave that discussion until the next meeting. President Gallagher said she thinks that is appropriate so that we can give the police department the proper due for their efforts in 2019.
6) GENERAL GOVERNMENT - TRUSTEE TYRRELL
A) Liquor Code Amendment to add New Class 0 (Craft Beer, Wine and Spirits Establishment License; On-Site Consumption and Packaged Sales) Liquor License
B) Issuance of Class 0 (Craft Beer, Wine and Spirits Establishment License; On-Site Consumption and Packaged Sales) Liquor License to The Opry
Trustee Tyrrell said agenda items 6A and 6B will be addressed during the new business portion of the meeting following his report.
C) Issuance of Class H (Outdoor Liquor Cafe) Liquor License to Vie Restaurant
Trustee Tyrrell reported that the General Government Committee met on March 12, 2020 and heard from Chef Paul Virant of Vie Restaurant about this request. Mr. Virant presented a very thorough explanation of what he would like to do. The proposal is to put outdoor seating, lounge chairs, fire pits, festive lighting and end tables, in front of his restaurant. Village staff has coordinated with Mr. Virant to design a parkway which was created by the Lawn Avenue Reconstruction project last summer with this in mind. ChefVirant will be having outdoor food and alcohol consumption similar to some of our other local restaurants. A Class H liquor license will be needed. The committee felt very favorable to this request and recommended that the request proceed to the Liquor Commission for review and with their approval, on to the Board for approval in April.
D) Resolution Relative to Updates to an Intergovernmental Agreement for an Intergovermnental Cooperative Venture Known as "Lyons Township Area Communications Center" For the Operation and Maintenance of a Combined Dispatch and Communication System with the Village of LaGrange and the Village ofLaGrange Park
Trustee Tyrrell said there is a need for an updated agreement for the Lyons Township Area Communications Center. All three participating communities, LaGrange, LaGrange Park and Western Springs, will be approving resolutions authorizing the updating of the agreement which was put in place when LTACC was formed. Some clean-up of the agreement language, now that the center is no longer in the start-up phase, as well as some changes in State law, was needed, and has been included in the revised agreement. The change also adds to the LTACC agreement the PSAP representative. LTACC Executive Director Michael O'Connor was in attendance at the Board meeting in support of these changes. The PSAP representative is a member of the 911 Center staff. We already have a public member at large who is a member of one of the three communities to provide outside representation. The PSAP representative is someone from the PSAP staff that the LTACC Executive Board will appoint to make sure the Center's interests are represented. This is a minor technicality and no issues are anticipated with this.
Mr. 0'Connor went on to explain that the three (3) Villages are in the process of switching our emergency notification system. We are leaving Code Red and going to a system called RAVE, their alert product, their Smart911. It has some more capabilities besides phone calls, text messages and email alerts. One of the big things Mr. O'Connor and his team found was they have a great social media product. Instead of Village staff having to wake up at 3 a.m. and find someone to update the website or other social media Facebook pages or that sort of thing, whoever is putting out the emergency message can do all those things at once. That will streamline notifications. It also has the ability for residents to choose if they wish to receive different kinds of warnings and information about emergencies, non-emergencies, severe weather, other weather. Mr. 0'Connor said the example he used in committee was tornado warnings. At present, we would have to create our own messaging for a tornado warning. With the new system, it will be tied into and part of the National Weather Service and the message will be automatically broadcast if we fall into the polygon of a tornado without intervention. In the case of Nashville, who recently was hit at 1 a.m. with a tornado, this technology could have been lifesaving.
The last part of the system is Smart911. DuPage County, Cook County and the City of Chicago have all moved to Smart9 11 that allows the residents to create a profile to give us supplemental information, medical information, photos, door codes, any or as such information as the resident wants to share with LTACC, so that when they dial from any 911 phone attached to LTACC, we can get that information as the call comes in. If someone is a member of the system and calls 911 in Western Springs, that information will be shared with our Call Center. The Village website already has the links up for residents to go right to Smart911 and create a profile. This is a big improvement. Approval of the revised agreement is on the omnibus vote list scheduled later this evening.
E) Dan Shomon Incorporated Contract Approval (Lobbyist for 50/Small Cell Matters)
Trustee Tyrrell said this matter will be addressed in new business. This contract is for lobbying services from Mr. Dan Shomon.
F) Collective Bargaining Agreement with Teamster's Local 700
Trustee Tyrrell stated that there was a great deal of work put into this agreement by Village staff. The good news is that a tentative agreement between the Village and the Teamsters Union has been reached. The agreement before the Board for consideration this evening has been ratified by the Union. This is a first contract for the Public Works employees the Teamsters represent, the Maintenance Journeyman 1 and 2 positions. There are eight (8) employees in these positions with the Village. Both economic and non-economic issues that were agreed upon including recognition, dues deduction, grievance, arbitration provisions, no strike-no lockout, sick leave, vacation, holidays, bereavement leave, and jury duty, all consistent with the current practice. There are health insurance benefits, subcontracting of work, work hours, a formula for overtime, overtime pay and holiday pay, sick leave payout, tuition benefits, CDL pay and fitness exams. Also included are layoffs and recall, management rights and entire agreement clauses; promotional probationary period; and overtime distribution based on rotating seniority for a week at a time. The agreement will expire on March 30, 2023 and it includes a new step plan; 2.5% increases with retroactive pay for 2018 and 2019; and 2.5% increases on June 1, 2020, 2021 and 2022.
Trustee Tyrrell commended staff for coming to this agreement. It was a lot of work. The agreement is fair to both sides. We had employees who were not in the union and this brings them, we believe, into a fair pay scale and fair benefits. By the same token, the agreement is also fair to the Village. President Gallagher thanked staff and said it is good to be current with the contracts. President Gallagher added that she appreciated staffs efforts. The contract approval is on the omnibus vote list scheduled later this evening.
G) Ordinance Authorizing the Village President to Declare a State of
Emergency Should the Need Arise and Authorizing Purchase Contracts as Necessary to Resolve a State of Emergency Without Public Advertisement Within the Village of Western Springs
Trustee Tyrrell presented an ordinance, possibly the most important matter of business this evening, which President Gallagher mentioned in her opening remarks. The Board is asked to consider approval of an ordinance authorizing the Village President to declare a State of Emergency should the need arise and authorizing purchase contracts as necessary to resolve a State of Emergency without public advertisement within the Village of Western Springs. Under the Illinois Municipal Code, the Board can by ordinance grant to the Village President to authorize by executive order during a State of Emergency the powers to respond to a State of Emergency. Trustee Tyrrell added that we must have that ordinance in place. There are some definitions and in essence it is pretty simple. If there is a finding of an emergency, a natural disaster, or a catastrophe, likely to cause injury, loss, hardship or suffering to the community, including disease epidemics, imminent or has occurred in a severe emergency, then our President provides a written Declaration made under oath substantiating the finding of the emergency and the Village President can respond with appropriate measures, as she sees fit, by letting contracts without any public advertisement. Trustee Tyrrell said he believes that is very, very important that the Board approve this, especially in these very precarious times. With no objection from the Board, this ordinance will be considered during the omnibus voting later this evening.
NEW BUSINESS
7) ORDINANCE 20-2999 AMENDING TITLE 4 CLIQUOR CONTROL) AND TITLE 3 (BUSINESS REGULATIONS) OF THE WESTERN SPRINGS MUNICIPAL CODE, RELATIVE TO THE CREATION OF A CLASS "0" CRAFT BEER. WINE AND SPIRITS ESTABLISHMENT LICENSE; ON-SITE CONSUMPTION AND PACKAGED SALES) LIQUOR LICENSE AND RELATED REGULATIONS
MOTION:
Trustee Tyrrell moved, seconded by Chen, to approve Ordinance 20-2999 Amending Title 4 (Liquor Control) And Title 3 (Business Regulations) Of The Western Springs Municipal Code, Relative To The Creation Of A Class "0" (Craft Beer, Wine And Spirits Establishment License; On-Site Consumption and Packaged Sales) Liquor License And Related Regulations.
Trustee Tyrrell said this ordinance provides for the creation of a Class 0 Liquor License which would provide for the sale of craft beer, wine and spirits establishment license for on-site consumption and packaged sales. Also, before the Board this evening is the following ordinance which provides the issuance of a Class 0 liquor license to The Opry, a new business venture, at 4353 Johnson. This issue was discussed previously by the Board earlier in the year after initial discussion by the General Government Committee. The matter then did go before the Liquor Commission for consideration. The Liquor Commission provided a favorable recommendation to move forward with establishment of a Class 0 liquor license. Trustee Tyrrell said this is before the Board tonight for consideration and that this is a very good ordinance, however, the General Government Committee was unable to come to the Board with a recommendation. The committee was neutral on whether or not to proceed with creation of the license. Trustee Tyrrell said he had reservations about departing from the current requirements in our liquor code. In the new Class 0 liquor license category, whereas providing of food is encouraged, it is not required. Trustee Tyrrell said he felt that the new license was contrary to the character of the Village. Trustee Tyrrell said he did not see a reason to depart from our current code requiring food service. Trustee Tyrrell also felt there was a compelling reason to have our current liquor classification which requires food service. Further, he added that we are a small Village without any industrial area, primarily residences and small boutique businesses with a few exceptions. We have very nice restaurants here and we have excellent food complimented with alcohol, all very high-end establishments. Trustee Tyrrell said he has absolutely no doubt that the Opry would be such a high-class venue. The Class 0 liquor ordinance, however, without a food requirement would allow an establishment to provide only alcohol, and no matter how restrictive the sale of alcohol would be, without the food requirement, the establishment would be to Trustee Tyrrell, a bar. In Tmstee Tyrrell's opinion, that is not within the character of the Village. He may be the only one but that is why Tmstee Tyrrell requested this be removed from the omnibus vote list.
Trustee Chen said she is in support of amending the code. She viewed this as a new idea. The space is very craft orientated and is a small space. There is no TV so it would not be a place for someone to sit and drink several beers while watching a game. The space will have music. She is in support of the new Class 0 license.
President Gallagher said it is important to note that each of issuance of this license will be reviewed on a case-by-case basis. Director Scott said that is the case. Trustee Siffermann asked for clarification of the two ordinances and he felt the requirement to serving food at an establishment makes sense. Director Scott said the first ordinance is to establish the Class 0 and the second is to issue a Class 0 license to the Opry.
Trustee Rudolph said she is in favor of creation of this new license. She added that the Board just recently added a new liquor license class when we granted the Theatre a license to be able to serve alcohol at the Theatre. It's a completely different setting but it is similar in that there is not food. The requirements are really quite stringent, and she thinks the other venues that were offered for comparison in other towns look very interesting and the kind of thing that she thinks is in character with our town and that she thinks that our residents would like.
Trustee John noted that the Class 0 does force the liquor license holder into a more restrictive class. He doesn't see this location resulting in troubles for Chief Budds and the department. The rules are more stringent and is more refined than a bar. Mass consumption is less likely at a location such as this. He likes the Class 0 limitations associated with this.
The motion passed on a roll call vote.
Voting aye: Trustees Fink, John, Rudolph, Siffermann and Chen.
Voting nay: Trustee Tyrrell.
8) ORDINANCE 20-3000 AMENDING TITLE 4 (LIQUOR CONTROL) OF THE WESTERN SPRINGS MUNICIPAL CODE RELATIVE TO THE NUMBER OF CLASS "0" CCRAFT BEER. WINE AND SPIRITS ESTABLISHMENT LICENSE; ON-SITE CONSUMPTION AND PACKAGED SALES) LIQUOR LICENSES WHICH CAN BE ISSUED IN THE VILLAGE OF WESTERN SPRINGS, COOK COUNTY, ILLINOIS (APPLICANT: DAYDREAM COFFEE COMPANY D/B/A The Qpry For The 4354 Johnson Avenue Property)
MOTION:
Trustee Tyrrell moved, seconded by Chen, to approve Ordinance 20-3000 Amending Title 4 (Liquor Control) Of The Western Springs Municipal Code Relative To The Number Of Class "0" (Craft Beer, Wine And Spirits Establishment License; On-Site Consumption And Packaged Sales) Liquor Licenses Which Can Be Issued In The Village Of Western Springs, Cook County, Illinois (Applicant: Daydream Coffee Company D/B/A The Opry For The 4354 Johnson Avenue Property).
The motion passed on a roll call vote.
Voting aye: Trustees John, Rudolph, Chen and Fink.
Voting nay: Trustees Siffermann and Tyrrell.
MOTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR GOVERNMENTAL RELATIONS SERVICES BETWEEN THE VILLAGE OF WESTERN SPRINGS AND DAN SHOMON INCORPORATED OF CHICAGO. IL
The motion passed on a roll call vote. Voting aye: Trustees Fink, John, Rudolph, Siffermann and Chen. Voting nay: Trustee Tyrrell. Trustee Tyrrell said Mr. Dan Shomon was in attendance at the Board meeting this evening as well as at the March 12, 2020 General Government Committee meeting. The General Government Committee discussed the need to hire a lobbyist and had an extensive discussion with Mr. Shomon about the services his firm could offer to the Village. Tmstee Tyrrell said there are four reasons that we are thinking of hiring Mr. Shomon. The areas we would like Mr. Shomon to assist the Village with are to fight for the lack of local control in the State law regarding 5G, assistance with capital funding, to advance our interests with the Illinois Department of Transportation with regard to the Central Avenue resurfacing and West Underpass projects, and to work with other communities to push back against legislation that would reduce local government resources which are being taken away from us. This matter came out of the General Government Committee with a neutral recommendation. Tmstee Tyrrell said he believed Mr. Shomon' s services were very needed for the Village.
Mr. Shomon said that Trustee John mentioned earlier tonight that the resolution the Board is considering today shows Western Springs wants to take a leadership role in Illinois on 5G. Mr. Shomon added that as one of the lead negotiators, two years ago representing Aurora and Elgin, we negotiated a better 5G bill. However, now that companies are filing applications, we are seeing the holes get bigger and bigger and we are seeing them try to take advantage of this law. Mr. Shomon said his job would be to communicate the concerns of Western Springs in Springfield over the next nine (9) months and work on 5 G legislation that mirrors the thoughts of the ordinance that is proposed for adoption today. Mr. Shomon said he would also help with capital and Illinois Department of Transportation issues. Mr. Shomon then offered to answer any Board questions. Trustee Tyrrell reported that the cost would be $4,500 from March 16 until May 30, 2020. The $4,500 consulting fee would apply for March, April and May. On June 1, 2020 until December 31, 2020, the consulting team would charge $2,500.00 per month. Mr. Shomon said that if the legislators cancel session, which is very likely now for March and April, then the fee would roll back to $2,500. Only months that they are in session would Mr. Shomon charge $4,500 per month. Trustee John asked if there was overlap with the services offered by Metro Strategies. Village Manager Velkme said Metro Strategies is more on the transportation side and they specifically look at grants for transportation and they help us out with the Central Council of Mayors and so forth. Metro Strategies did help Village staff when we went to Washington, D.C. but they really don't do any lobbying in Springfield at all. President Gallagher said it is more federal grant dollars that they work to obtain for us.
Trustee Chen stated that the reason the recommendation from the General Government Committee was neutral is that the total cost is $28,000 and she wanted the full Board to discuss whether to move forward with this contract. Trustee Chen said that we have several powerful legislators that live right here in town including Representative Jim Durkin. Tmstee Chen added that he is a powerful voice and very much aware of what is happening in this community. Tmstee Chen added that we also have Congressman Lipinski in town who is also a powerful legislator and very much aware. Trustee Chen said she doesn't know what paying $28,000 gets us that those legislators can't. Further, Trustee Chen said she is wondering how a lobbyist approaches legislators who represent other communities, such as a legislator representing Peoria or some other community, since those residents don't have these same concerns, what leverage would Mr. Shomon have with those legislators. Mr. Shomon said the answer is that a lot of legislators had concerns about the bill two years ago. They were not entirely heard, and Mr. Shomon thinks that if there is an opportimity to present an alternative proposal, he believes they will be interested in hearing about that. Also, there are legislators already grousing about concerns in their community across the Chicagoland region, so he thinks that there are a number of people interested in hearing about it. Mr. Shomon also noted that two (2) years ago he started a Facebook page called, "Small Cell Big Problems" which actually was intended to get the attention of legislators. Just raising and introducing a bill is not enough. We must also do a letter writing and social media canapaign with these legislators and that is one of the ways to get their attention. A question and answer period about Mr. Shomon' s services and followed.
President Gallagher stated that we asked our attorney to draft this amendatory language and we have a responsibility now to see it through, to shepherd it through the state legislature so that we have the best chance of it being heard. President Gallagher added that she thinks it is very important to hire Mr. Shomon who has had experience with the first go-around of 5G. Tmstee John asked Mr. Shomon how much time he thought he would spend on each of the four facets of the contract. Mr. Shomon said that depends on what is the hot button issue. Village Manager Velkme added that when the Stop 5G group came into the Village for meetings, they were adamant about having some representation down in Springfield. Manager Velkme added that it is not that easy to find someone who has experience in telecommunications and that is what she thinks Mr. Shomon brings to the table. In order to get that bill moving, we do need some assistance in that even though we have legislators here in town, we need to expand that beyond Western Springs.
MOTION:
Trustee Tyrrell moved, seconded by Siffermann, to approve a Professional Services Agreement for Governmental Relations Services Between the Village of Western Springs and Dan Shomon Incorporated of Chicago, IL.
The motion passed on a roll call vote.
Voting aye: Trustees Fink, John, Rudolph, Siffermann and Tyrrell.
Voting nay: Trustee Chen.
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 March 16, 2020, be adopted and/or approved under an omnibus vote:
AGENDA ITEM NO. 10 - APPROVAL OF MINUTES OF THE MEETINGS QF JANUARY 27 AND FEBRUARY 10. 2020 AS READ
AGEND ITEM NO. 10 - APPROVAL OF THE MEETING MINUTES OF FEBRUARY 24. 2020 AS READ
AGENDA ITEM NO. 11 - ORDINANCE 20-3001 AUTHORIZING THE VILLAGE PRESIDENT TO DECLARE A STATE OF EMERGENCY SHOULD THE NEED ARISE AND AUTHORIZING PURCHASE CONTRACTS AS NECESSARY TO RESOLVE A STATE OF EMERGENCY WITHOUT PUBLIC ADVERTISEMENT WITHIN THE VILLAGE OF WESTERN SPRINGS
AGENDA ITEM NO. 12 - ORDINANCE 20-3002 AMENDiNG_VILLAGE CODE RELATIVE TO SMALL CELL WIRELESS FACILITIES. UTILITY NOISE & CONSTRUCTION OF UTILITY NOISE AND CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHT-QF- WAY
AGENDA ITEM NO. 13 - ORDINANCE 20-3003 GRANTING FINAL APPROVAL OF THE FOXFORD COMMERCIAL BUILDING SIGNAGE FOR THE COMMERCIAL / RESIDENTIAL MIXED USE DEVELOPMENT KNOWN AS FOXFORD STATION LOCATED AT THE 4441 TO 4453 WOLF ROAD PROPERTIES AND THE 4450 JOHNSON AVENUE PROPERTY
AGENDA ITEM NO. 14 - RESOLUTION 20-2537 TO ALLOW FOR DISBURSEMENT OF IMPACT FEES TO THE PARK DISTRICT OF WESTERN SPRINGS. WESTERN SPRINGS DISTRICT 101, AND LYONS TOWNSHIP SCHOOL DISTRICT 204
AGENDA ITEM NO. 15 - RESOLUTION 20-2538 ADOPTING REVISED AND UPDATED WRITTEN DESIGN STANDARDS FOR SMALL WIRELESS FACILITIES WITHIN THE VILLAGE GUIDELINES AND SMALL CELL WIRELESS FACILITY DESIGN AESTHETIC. STEALTH. AND CONCEALMENT STANDARDS
AGENDA ITEM NO. 16 - RESOLUTION 20-2539 AUTHORIZING AND APPROVING THE COMMUNITY BANK OF WESTERN SPmNGS AS A DEPOSITARY OF VILLAGE FUNDS AND TO AUTHORIZE SIGNATORIES FOR VILLAGE ACCOUNTS AND REPEALING RESOLUTION NO. 00-1645
AGENDA ITEM NO. 17 - RESOLUTION 20-2540 SUPPORTING PROPOSED LEGISLATION TO AMEND THE SMALL WIRELESS DEPLOYMENT ACT
AGENDA ITEM NO. 18 - RESOLUTION 20-2541 APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ENTERED INTO BY THE VILLAGES OF LAGRANGE. LAGRANGE PARK AND WESTERN SPRINGS RELATIVE TO AN INTERGOVERNMENTAL COOPERATIVE VENTURE KNOWN AS "LYONS TOWNSHIP AREA COMMUNICATIONS CENTER" FOR THE OPERATION AND MAINTENANCE OF A COMBINED DISPATCH AND COMMUNICATION SYSTEM
AGENDA ITEM NO. 19 - RESOLUTION 20-2542 APPROVING AND AUTHORIZING ILLINOIS DEPARTMENT OF TRANSPORTATION aDOT) FORM BLR 09110 FOR HIGHWAY IMPROVEMENTS UNDER THE ILLINOIS HIGHWAY CODE FOR ROADWAY/STREET IMPROVEMENTS UTILIZING MOTOR FUEL TAX (MFT) FUNDS FOR PHASE II (DESIGN ENGINEERING), PHASE III (INSPECTION ENGINEERING) AND CONSTRUCTION COSTS FOR THE 2020 MFT ASPHALT RESURFACING PROJECT IN THE AMOUNT OF $503,100
AGENDA ITEM NO. 20 - RESOLUTION 20-2543 AUTHORIZING AND APPROVING A LABOR AGREEMENT BETWEEN THE VILLAGE OF WESTERN SPRINGS AND TEAMSTERS LOCAL 700
AGENDA ITEM NO. 21 - RESOLUTION 20-2544 APPROVING BUDGET AMENDMENTS AND A TRANSFER OVER $10,000 TO THE FISCAL YEAR 2019 OPERATING BUDGET IN THE MOTOR FUEL TAX FUND
AGENDA ITEM NO. 22 - MOTION TO WAIVE THE COMPETITIVE BIDDING PROCESS AND APPROVE THE PURCHASE OF THREE (3) SETS OF WATER METER TOUCH READ/FLEXNET SYSTEM READING EQUIPMENT FROM CORE & MAIN, OF CAROL STREAM. ILLINOIS AT A TOTAL COST OF $13.845
AGENDA ITEM NO. 23 - MOTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR SMALL CELL AND TELECOMMUNICATIONS CONSULTING BETWEEN THE VILLAGE OF WESTERN SPRINGS AND MUNICIPAL SERVICES ASSOCIATES, INC. OF HOFFMAN ESTATES. IL
AGENDA ITEM NO. 24 - MOTION TO AUTHORIZE AND APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR WTP - MICROFIBER FILTER MEDIA REPLACEMENT DESIGN & BIDDING SERVICES BETWEEN THE VILLAGE OF WESTERN SPRINGS AND HR GREEN OF MCHENRY, IL IN AN AMOUNT NOT TO EXCEED $18,190
AGENDA ITEM NO. 25 - MOTION TO AWARD A CONTRACT TO LOWEST QUALIFIED RESPONSIVE BIDDER. EARTHWERKS LAND IMPROVEMENT & DEVELOPMENT CORPORATION OF BATAVIA, IL FOR THE RIDGEWOOD OAKS IMPROVEMENTS PROJECT IN THE AMOUNT OF $514,987.50 FNOTE: APPROVAL IS SUBJECT TO FORMATION OF SSA #81
AGENDA ITEM NO. 26 - MOTION TO APPROVE AN AGREEMENT FOR PROFESSIONAL ENGINEEmNG SERVICES FOR REPAIR WORK ON THE 51ST STREET AND FAIR ELMS AVENUE FLOW MONITORING PROGRAM BETWEEN THE VILLAGE OF WESTERN SPRINGS AND RJN GROUP, INC. OF WHEATON, IL AT A TOTAL COST NOT TO EXCEED $29,400
AGENDA ITEM NO. 27 - MOTION TO WAIVE THE COMPETITIVE BIDDING PROCESS AND RATIFY THE APPROVAL OF EMERGENCY REPAIR WORK FOR THE 4900 GRAND AVENUE MANHOLE REPLACEMENT PROJECT BY CALUMET CITY PLUMBING COMPANY, INC. OF CALUMET CITY. ILLINOIS IN THE AMOUNT OF $10.990 IN LIEU OF COMPETITIVE BIDS
AGENDA ITEM NO. 28 - MOTION TO APPROVE THE APPOINTMENT OF BRANDON CAL VERT AS MEMBER OF THE BOARD OF ZONING APPEALS TO FILL AN UNEXPIRED AND VACANT TERM OF OFFICE UNTIL DECEMBER OF 2021
AGENDA ITEM NO. 29 - PROCLAIMING APRIL 24, 2020 AS ARBOR DAY IN THE VILLAGE OF WESTERN SPRINGS
Trustee Chen seconded the motion.
The motion passed on a roll call vote.
Voting aye: Trustees John, Rudolph, Siffermann, Tyrrell, Chen, Fink and President Gallagher.
Voting nay: None.
OTHER BUSINESS
There was no additional business.
REPORTS
30) VILLAGE PRESIDENT GALLAGHER
President Gallagher said it was her distinct pleasure to announce that our own Village Manager Velkme was selected by Leader Durkin to be honored in Springfield for her accomplishments as an Illinois Woman in Leadership. There was a luncheon and program scheduled that has been postponed indefinitely but President Gallagher asked the Board to please join her in congratulating Manager Velkme. President Gallagher said it is a well-deserved honor and we are very proud of all she has done. It is a good reflection on Western Springs. Village Manager thanked President Gallagher and the Board.
31) VILLAGE MANAGER VELKME
Village Manager Velkme said she would be sharing a packet to the Board of Trustees on March 17, 2020 so that the Board has information on what we are doing in each department right now in response to the corona virus. Village Manager Velkme said we will be shutting down Village Hall to the public. Village Manager Velkme said staff will be here and working here unless there is some other edict coming from the Governor's Office or the Federal government.
32) VILLAGE ATTORNEY JURUSIK
No report.
RECESS TO CLOSED MEETING For The Purpose Of Discussion Of:
A) The Appointment, Employment, Compensation, Discipline, Performance, Or Dismissal Of Specific Employees Of The Public Body Or Legal Counsel For The Public Body, Including Hearing Testimony On A Complaint Lodged Against An Employee Of The Public Body Or Against Legal Counsel For The Public Body To Determine Its Validity. However, A Meeting To Consider An Increase In Compensation To A Specific Employee Of A Public Body That Is Subject To The Local Government Wage Increase Transparency Act May Not Be Closed And Shall Be Open To The Public And Posted And Held In Accordance With This Act(5ILCS120/2(c)(l).
MOTION:
Trustee Tyrrell moved, seconded by John, to recess to closed meeting at 9:50 p.m. for the purpose of discussion of The Appointment, Employment, Compensation, Discipline, Performance, Or Dismissal Of Specific Employees Of The Public Body Or Legal Counsel For The Public Body, Including Hearing Testimony On A Complaint Lodged Against An Employee Of The Public Body Or Against Legal Counsel For The Public Body To Determine Its Validity. However, A Meeting To Consider An Increase In Compensation To A Specific Employee Of A Public Body That Is Subject To The Local Government Wage Increase Transparency Act May Not Be Closed And Shall Be Open To The Public And Posted And Held In Accordance With This Act(5ILCS 120/2(c)(l).
The motion passed on a roll call vote.
Voting aye: Trustees Rudolph, Siffennann, Tyrrell, Chen, Fink and John.
Voting nay: None.
RECONVENE AND ADJOURN
With no further business to address, President Gallagher asked for a motion to adjourn the meeting.
MOTION:
Trustee Tyrrell moved, seconded by John, to adjourn the meeting at 10:11 p.m. The motion passed on a unanimous voice vote.
https://www.wsprings.com/AgendaCenter/ViewFile/Minutes/_03162020-1047
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