Village of Western Springs President and Board of Trustees met Nov. 9.
Here is the minutes provided by the board:
Board Members Present
Nicole Chen*
Alan Fink*
James John*
Scott Lewis*
Heidi Rudolph*
James Tyrrell*
Others Present
Ingrid Velkme, Village Manager
Aleks Breidis, Director of Recreation*
Grace Turi, Director of Finance*
Pat Schramm, Director of IT*
Matt Supert, Director of Mun Svcs. *
Casey Biernacki, Asst. Director of Mun Svcs. *
Brian Budds, Director ofLES*
Pat Kenny, Director Fire & EMS*
Ellen Baer, Director of Admin*
Jim Tock, Director of Engineering*
John Mastandona, Asst. Dir. Finance*
Elaine Haeske, Deputy Clerk*
Michael Jurusik, Village Attorney
*Electronic Attendance - Authorized by The Open Meetings Act, the CDC directive (social distancing guidelines) and Illinois Governor Disaster Proclamation dated October 16, 2020 (Phase 4 Restore Illinois Plan), and Executive Order 2020-59 extending the Governor's prior Executive Orders relating to the COVID-19 pandemic and his implementation of Phase 4 of the "Restore Illinois" Plan (Community Revitalization Order - COVID-19 E.G. No. 55)
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)
As noted above
President Gallagher said meetings room at Village Hall are closed to the public. Physical attendance at this public meeting is limited to the lesser of twenty-five individuals or 25% occupancy with Village officials, staffs and consultants having priority over members of the public. In accordance with the Open Meetings Act, the Center for Disease Control and Illinois Department of Public Health directives regarding social distancing guidelines. Governor Pritzker's disaster proclamation and executive orders relating to the COVID-19 pandemic, Phase 4 of the Restore Illinois Plan and enhanced mitigation measures, we are conducting this meeting of the Village Board via teleconference. A conference ID number has been posted on the Village's website and we invite members of the public to remotely attend the meeting. We are making a concerted effort to conduct these special meetings as similar as possible to our regular board meeting format including public comment. Members of the public may participate during the citizen comments portion of the meeting.
READING OF AGENDA - ADDITIONS - DELETIONS
There were no changes to the agenda.
PUBLIC HEALTH UPDATE
President Gallagher stated that across the nation, coronavirus cases continue to rise at an unprecedented rate. The 7-day average of new cases exceeds 100,000 per day - more than any other country. The U.S. has now surpassed a total of 10 million cases. In Illinois, the numbers are just as sobering as outbreaks surge. As of Sunday, state health officials reported more than 10,000 new confirmed and probable cases and 42 more deaths. Hospitalizations are rising quickly, as well.
In our region, suburban Cook County, the numbers continue to rise despite the governor's increased mitigation measures. The positivity rate over a 7-day rolling average was 12.1% as of November 5th - up from 8.3% just ten days prior. The region is seeing daily hospital admissions increase and suburban Cook County is close to hitting that metric, which may potentially trigger additional mitigation measures. Additional mitigation measures have been instituted now in Kane and DuPage counties, as well as a few other counties.
According to the COVID Dashboard (published by Northwestern using data from the Illinois Department of Public Health) Western Springs has a 7-day rolling average positivity rate of 18% - up significantly from just a week ago. Last week, our local hospitals reported COVID admissions at both LaGrange Hospital and Hinsdale Hospital are now in the teens, when they had been holding steady in the single digits for months. Obviously, this second wave of the vims is spreading virtually unabated locally, statewide, and nationwide.
The governor's recent enhanced mitigation measures reducing gatherings to 25 people and banning indoor service at restaurants and bars are designed to reduce the COVID spread and ultimately save lives. It's that simple. We are all tired of the impositions put upon our lives and in many cases our livelihoods, but it is vital that we continue to be vigilant and follow public health guidance: wear masks, socially distance, and wash hands. Right now, this is the shortest route to recovery.
Experts state that universal masking is about 85% effective - but everybody has to be on board for it to work. They advise you wear a mask every time you leave home. If someone in the home is sick or in quarantine, wear a mask at home too. Also, socially distancing together with wearing a mask is the best safeguard against the virus at this time. It's not one or the other, it's both. Medical experts also recommend avoiding indoor gatherings with groups of people whenever possible so protect yourself and those around you to the greatest extent possible by complying with the guidelines, and that compliance advice extends to our businesses and restaurants. Restaurants and taps can continue to serve patrons outdoors - and the Village will assist you in that effort as much as we can, but do not serve customers indoors.
Western Springs restaurants also have an obligation to protect the health of our residents, their customers, as well as their staff. Some of our restaurants are adhering to the restrictions regarding indoor dining, but reports indicate others are not. The Village is looking into these violations and will report flagrant disregard of the enhanced mitigation rules to the Cook County and Illinois Departments of Public Health because ignoring the mitigation measures is conduct that only puts patrons at greater risk and will prolong the day when we can all get back to normal. Residents who observe notice infractions are encouraged to report violations to those departments as well. These departments of public health are the enforcement wings of the governor's orders.
Obviously, this year has been extremely challenging for our restaurants, shops, and businesses, but ignoring the long-term goal for short term gain is not the answer. I don't want to be put in a position of fining or otherwise penalizing a restaurant in these difficult times, and I implore our restaurants and residents to follow the guidelines by abstaining from indoor service and dining. At the same time, it is still very important that we continue to support our restaurants, within the proscribed guidelines. Please continue to order take out, dine outside, and shop local whenever you can. Take care of yourself, protect others, support our community.
Report on Ridgewood Flood Mitigation Measures by Assistant Director of Municipal Services Casey Biernacki
Assistant Director Biernacki provided a brief history of the project and where we are today. The 2021 Grand Avenue Project is first and foremost a roadway concrete reconstuction project from Lawn Drive to Linden Circle in the Ridgewood subdivision. Whenever the Village does projects of this size and scope, we always look at infrastructure and stormwater improvements that may be available in the immediate area while we are there. Ridgewood, in particular, is a unique subdivision in that there is a large amount of green space within the Village owned right-of-way that is not occupied by much at all so because of the uniqueness of Ridgewood and also to try and align with our green initiatives and strategic plan, we started looking at proposing green infrastructure in the forms of rain gardens or bioswales within the Village owned right-of-way to try to mitigate stormwater in the Ridgewood subdivision and Grand Avenue. Some important dates:
• On August 24, 2020 a letter was sent to residents in the immediate adjacent area about a Zoom webinar meeting to be held on September 9, 2020. No participants attended the meeting, but staff still continued on with the presentation, recorded it and posted it on the Village website for anyone who was interested to watch it after the meeting. There have been about 228 views as of this morning.
• On October 6, 2020 a second letter a was sent that outlined a meeting scheduled for October 21, 2020 in Ridgewood Park. It was an open house, outdoor style meeting and 18 attendees signed in and joined in the meeting that day. The majority of the feedback at that meeting was positive. Staff was available at the meeting to show the proposed improvements, answer any questions and collect feedback. At the meeting, staff received a majority of positive feedback, however, in the weeks to come, staff did receive quite a bit of negative feedback about the green infrastructure portion of the project, not the roadway construction project, but the rain garden and bioswales that were proposed. Staff received 12 e-mails and 5 phone calls with objections to the green infrastructure. There is also a petition out there that had, at last check, 200 or so supporters as well. The major items outlined by the residents that staff spoke to and in the petition are as follows:
● Aesthetics and effects on property values;
● Uncertainty of effectiveness of rain gardens or bioswales;
● Overall safety surrounding them; and
● Not so much a concern but a request to look at alternative storm water solutions.
We did have some residents reach out from the Ridgewood Drive area. Staff heard from two residents, one by email and one by phone, in support of the project. Ridgewood Drive is on the west side of the subdivision, along Flagg Creek. It is the lowest portion of the subdivision and there is a lot of documented flooding the stormwater concerns that occur there, especially in heavy rain events.
Mr. Biernacki said the Department of Municipal Services and the Department of Engineering Services is working with HR Green to review feed feedback, reviewing some of these questions that came in as well as gathering additional information for the Village Board to review. Some information that we are gathering is:
• How much stormwater storage does these green infrastructure improvements actually provide?
• How long are they in used before and after a storm event?
• What will they do in terms of benefits for the downstream sections of Ridgewood, primarily the Ridgewood Drive area?
As for alternatives, staff did speak with HR Green about alternatives already. When it comes to storm water detention or storage, there are two options, above ground storage or underground storage. Above ground storage is the more cost effective and feasible solution in most cases. Underground storage is a significantly more expensive endeavor. Staff is going to get those numbers for the Village Board to review and compare. Design engineering-wise, the Village is 65% complete with design engineering on the project. That is all roadway related engineering. There is some stormwater related engineering in that but the remaining 35% is finalizing any stormwater management that we implement on that project. Staff has put HR Green on hold for now to stop design engineering until we can gather this information and bring it back to the Board to get some direction on next steps. Assistant Director Biemacki said that with the holidays coming up and with the amount of work we have to do, this will not come up until after the first of the year. Director Bernacki said that if anyone has any questions of Director Supert, Director Tock or him, they are all here.
President Gallagher asked the Board if they had any questions. President Gallagher said we will look forward to learning that new information when it is available. Trustee Chen stated that there is a lot of flooding in Ridgewood and that is why this green infrastructure was proposed.
Mr. Biemacki confirmed that is correct and added that the green benefits also align with the Village's strategic plan. Trustee Chen asked if the green benefits are that we are collecting rainwater in a sustainable and natural way with long rooted plants and such in lieu of over ground mnoffinto turf or grass or underground storage. Mr. Biernacki said that is correct. Trustee John, as a resident ofRidgewood, said he had been contacted by a large number of residents in the area about the issue or about their concerns about the green initiative and it appears there is a pretty consistent push against this, not that they don't want flooding. They want that fixed. This is a big impact upon the residents' yards and how the neighborhood looks so as a Board, we really need to think about this and understand the feedback that he is sure we will hear from tonight and take that into consideration before we move forward with this, whatever steps we take as a Board. There are a lot of valid aspects, from what Tmstee John has heard and discussed, but we need to make sure we make the right decision for the Village and the people ofRidgewood, whether or not it's rainwater abatement or how they feel about the impact upon a significant portion of their yards.
Assistant Director Biernacki said Trustee John's comments reminded him to address a really important point he had not yet made. The Village does not typically start resident meetings this early on in a project. Staff typically completes the design and then have a meeting a month or so before construction starts to talk about the overall the impacts to residents. In this case, we purposefully started design and resident feedback collection early on because this is an aesthetic change. The purpose of those first two meetings was to spark and collect resident feedback which Mr. Biernacki said he is happy to say we did. The Village doesn't typically get feedback in these numbers at all during our projects, so it is important.
President Gallagher said so this is just the beginning of the discussion, not the end, and we are nowhere near making a decision on this. Mr. Biernacki said that is correct. Staff is in the process of collecting all the information we can from HR Green and once we have all that information, staff will bring the matter back to the Board. We will have to make a decision pretty early on in 2021 as this is a 2021 project and we don't want to wait too long. The later that we go out to bid, the more projects that are already kind of filled up in the schedule of other contractors so we will want to try to get this bid finalized in the beginning of 2021. President Gallagher added that it would have been nice if we had had some feedback back in August for that first meeting but better now than after the fact. Director of Technology Schramm indicated three people had their hands raised. President Gallagher said she would prefer to wait to the public comment portion of the meeting to hear from residents. That way we won't get too sidetracked for our meeting as we do have a lot to get through today. She stated that we will definitely call on those who wish to speak during the "Citizen Comments" portion of this Board meeting. Assistant Director Biernacki will be in attendance during the entire meeting and can address questions and questions will also be answered on the Village website.
5G Update
President Gallagher said that at our last meeting, the Board heard from several residents concerned with the recent activity surrounding the potential for proposed Verizon small cell wireless facilities at two locations in Western Springs. Over the course of the past year, Village Board members and staff have spent considerable time, effort, and money in researching the state and federal laws and regulations governing 5G installations, engaging in community outreach, advocating state and federal legislators on behalf of residents concerned with the 5G rollout, drafting amendatory language to the State Act, and engaging lobbyists to actively promote that legislation in Springfield but the fact remains that the Village is limited in its authority to allow or deny the installation of5G cell towers within the Village's boundaries. This inability to determine the placement and scope of equipment in our community is unprecedented in my experience, even in a non-home rule community such as Western Springs. Our authority to negotiate with the telecom companies is limited to the aesthetic considerations outlined in the Village's Design Standards. Under state and federal laws and regulations, we cannot legally deny the installation of5G cell towers based on any other grounds, including health and property value concerns. The Board and staff are as fmstrated and infuriated by this usurpation of authority as are the residents who have voiced their concerns on the matter. We are doing everything we legally can to regain some of that authority and slow the process.
Tonight, the Village Board will consider action to re-issue the Village's declaration of a state of emergency due to the ongoing challenges to local governance brought on by the pandemic. Should the Board agree to re-issue this declaration, I plan to immediately sign Executive Order No. 2020-06 that will toll the application review and approval period for small cell wireless facility permits until such time as the state of emergency has ended.
CITIZEN COMMENTS
The Board heard from residents regarding two topics, the Ridgewood Flood Mitigation Measures and 5G. President Gallagher reminded residents of the public participation guidelines and that this is not a conversation, but it is an opportunity for residents to address the entire Board. President Gallagher said that if residents have questions, the Board and staff will answer them thoroughly researching a response and putting on our website within a week or two, depending on the complexity of the question.
Ridgewood Flood Mitigation Measures
Bob Lack, 5611 Grand Avenue
Rachel Wolf
Ms. Betsy Parrino, 5607 Grand Avenue
Nancy O'Brien, 5623 Grand Avenue
Mark Rehn, 1051 Oak Lane
Ed Pierce, 5732 Ridgewood Drive
Gene Hochberg & speaking for his neighbor, Frank
5G
Ms. Heidi Hansen
Village President Gallagher said answers to the Ridgewood residents and Ms. Hansen's 5G questions will be provided on the Village website. Additionally, a petition from Ridgewood residents was forwarded to Village Manager Velkme which was received by Village President Gallagher via email and will be made an official part of the citizen comments. No other citizen comments were sent by email or in hard copy in the drop box.
DISCUSSION ITEMS - SPECIAL MEETING AGENDA
1) PROPERTIES AND RECREATION - TRUSTEE CHEN
A) Fee Schedule for Western Springs Recreation Department Activities, Programs and Facilities
Trustee Chen reported that the Properties and Recreation Committee met on November 4, 2020 and at that time they discussed proposed changes to the fee schedule for Western Springs Recreation Department activities and programs. The committee reviewed the fees and recommended these changes be adopted on November 23, 2020. Fees have not been increased since 2014. For the majority of the programs, resident fees were increased by 1%. This is to offset the 1% the Village currently charges for on-line registrations. The fee increase will absorb the
1% fee for on-line registrations. Non-residents fees will also be increased 25% of the base fee. A draft resolution covering the new fees was included in the agenda packet for the Board's review. Going forward, changes to fees will be approved during the regular budgeting process as long as they do not increase by more than 10%. This matter will be on the November 23, 2020 omnibus vote list for consideration of approval.
B) Capital Summary Report
The Village received the intergovernmental agreement from the Forest Preserve for the Wolf Road Bike path. Staff is reviewing that agreement.
2) PUBLIC WORKS AND WATER - TRUSTEE FINK
A) Water Treatment Plant Modifications for Well No. 5 Concentric Integration
Trustee Fink reported that the committee would like to take a consensus vote on agenda items 2A and 2B to see if the Board agrees with the committee's recommendation to move forward on these two items as they are time sensitive and staff would like to move forward as quickly as possible with these items related to well No. 5. As Well No. 5 comes online, there are a couple of changes that have to happen in order to bring it online. The first is the SCADA system that automatically runs the water treatment plant has to be connected with the water from the new well. Staff is requesting a change order in the amount of $18,935 to Concentric Integration. This change order doesn't change the loan amount, so we don't need anything else to move forward rather than this change order. Two valves will be placed, and they will have sensors on them to make sure there is no human error that could possibly affect the pumps themselves. With no comment or questions from the Board, President Gallagher took a consensus vote of the Board on whether or not to move forward. There was full consensus by all the Board and so staff was directed to move forward with this work. Formal approval will be on the November 23, 2020 omnibus vote list.
B) High Resistance Grounding Modifications for Well No. 5 - Baxter & Woodman, Water Well Solutions, Newcastle Electric
Last spring, a power surge affected one of the pumps in the water system. While we are putting in Well No. 5, we are making sure that this can never happen again, so investigations revealed that the damaged motor was not grounded. Staff is recommending approval of this grounding modification work which will cost approximately $8,000 in equipment plus labor to install. The work will take 8-10 weeks to complete but the work is recommended. Staff is looking for Board consensus to wait the 8-10 weeks to complete the grounding rather than moving forward without making this change. Trustee Rudolph asked what our confidence level is that this modification will achieve the objectives. Director Supert said this is not a new approach but in the initial design process, there was discussion between Baxter & Woodman and Water Well Solutions about whether or not this high resistance grounding was necessary with this style of pump and motor that we are putting in the ground. Water Well Solutions, the contractor doing the installation, will not warranty the pump and the motor without the high resistance grounding. So today, the Village could actually flip the motor and pump on and begin testing but we risk putting ourselves outside of the warranty for the motor because the distributer and manufacturer wants that high resistance grounding. Director Supert said that was not made clear to the Village's engineer, Baxter & Woodman, when this process was completed in May. President Gallagher added that Water Well Solutions insisted on this due to the Village's experience with Well No. 4. With the full support and consensus of the Board, the Village staff will wait on testing the new well and the grounding equipment and installation will be ordered, and the increase approved on November 23, 2020.
C) Elevated Tank Maintenance and Repainting
Trustee Fink asked the Board to provide staff with their preference for lettering and/or a logo to be included on the elevated tank in Spring Rock Park. The tank is scheduled for maintenance and repainting in spring 2021. The committee discussed this matter when they met on November 9, 2020 and are split on whether or not to include lettering. The overall preference of the Board of Trustees was for lettering, "Village of Western Springs" on the tank. The estimated additional cost is $5,000 for one side and $10,000 for both sides for the lettering.
D) 2021 Motor Fuel Tax (MFT) Resurfacing Program - Christopher B. Burke LLC. Phase II Proposal
The Department of Municipal Services received a Phase II (design engineering) and Phase III (construction inspection) proposal from Christopher B. Burke LLC (CBBEL) for a not to exceed amount of $119,846. The project includes asphalt resurfacing and patching of various roadways. The committee reviewed the proposal and recommended approval of an agreement with Christopher B. Burke LLC. The following streets are in consideration for asphalt resurfacing in 2021:
• Ellington Avenue (52nd Place to 51st Street)
• 51st Street (Ellington to Caroline)
• Clausen Avenue ((51st Street to 53rd Street)
• 51 Place (Harvey to Clausen)
• Howard (52nd Place to 53rd Street)
• 52nd Place (Howard to Ellington)
• Grand Avenue (Chestnut to Walnut)
This matter was added to the November 23, 2020 omnibus vote list.
E) 2021 Rose/Grove Roadway and IEPA Watermain Improvements - Baxter & Woodman Phase II Proposal
The committee recommended approval of a proposal from Baxter & Woodman for a not to exceed amount of $166,000 for Phase II (design engineering). The proposal includes design costs for concrete reconstruction, water main replacement and Illinois Environmental Protection Agency (IEPA) loan assistance. This work will include a change from a 4" water main to an 8" water main. The following streets are in consideration for the 2021 Rose/Garden Roadway and Water Main Improvements project:
• Rose Avenue (Oak Street to Maple Street)
o Concrete Reconstruction
o Water Main Replacement
• Grove Avenue (Chestnut Street to Ogden Avenue)
o Concrete Reconstruction
o Water Main Replacement (only Maple Street to Chestnut Street
This approval will be included on the November 23, 2020 omnibus vote list for consideration of approval
F) Capital Summary Report
Tmstee Fink provided the Board with an update on the Public Works & Water Committee Capital Summary Report. The Ridgewood Oaks Detention Basin project is currently on hold. The 2020 Roadway Referendum Program - Prospect Avenue project is finished. Final invoicing is ongoing. Clausen Avenue is open now for public use and they are just working on sidewalks.
3) PLANNING AND ZONING - TRUSTEE JOHN No report.
4) FINANCE - TRUSTEE RUDOLPH
A) Resolution Determining the 2020 Property Tax Levy
Trustee Rudolph reviewed a memo written by Assistant Director of Finance Mastandona and draft resolution detailing the proposed 2020 property tax levy. As a non-home rule community, we comply with the Property Tax Extension Limitation Law (PTELL) which limits our property tax extensions. Trustee Rudolph said we are looking at an increase of about 3.57%, or $261,100; of that, slightly less than half of that would be to fund our pension liability. The Finance Committee reviewed this amount and recommended approval of this resolution determining the 2020 property tax levy on the November 23, 2020 omnibus vote list. Property taxes can only increase by the amount of the CPI plus a percentage of new growth. New growth is an estimate and the County can go back and change that if the Village is incorrect in that estimate. The 2.3% Consumer Price Index (CPI) used in the calculation is the national CPI. Director Turi noted that the property tax levy is in draft form. There could be some minor administrative changes to the resolution. If there are changes, Director Turi said those changes would come back to the Board at the next Board meeting. The committee recommended approval on the November 23, 2020 omnibus vote list.
B) Ordinance Authorizing the Disposal of Surplus Property Owned by the Village of Western Springs Finance Department (Water Meter Reading Equipment)
This is a housekeeping matter providing for the disposal of surplus property. There are three (3) water meter readers that are no longer operable or able to be fixed. The committee recommended approval of the disposal ordinance. This matter will be added to the November 23, 2020 omnibus vote list for consideration of approval.
C) Village Hall Office Renovation
Trustee Rudolph reported that staff is looking at a better way to open up to the public. The front reception office has been closed due to COVID-19. As it looks like we are going to be continuing with our current restrictions, we would like to have some ways to be able to have the public come in with appropriate safety measures in place. Staff has had a consultant look at the area and provide a design to safely open the area.
The project was bid and twelve (12) contractors responded. The low bidder on the reconfiguration project was Toler Construction Inc. with a bid of $31,200.00. Staff would like to have work on the project start as early as possible so that we may re- open to the public. The Finance Committee reviewed this request and recommended approval of the award of bid to Toler Constructions later this evening as well as approval of the resolution regarding the contract for constmction particulars.
D) Call for Board of Local Improvements (BOLI)
Trustee Rudolph called for a BOLI meeting and President Gallagher set the meeting for November 23, 2020 at 6:59 p.m. immediately preceding the Board meeting scheduled for that evening.
5. PUBLIC HEALTH AND SAFETY - TRUSTEE LEWIS
A) Engine 1711 Replacement Request
Trustee Lewis presented a request from the Department of Fire & EMS which the Public Health and Safety Committee reviewed and agreed to recommend action on this evening. The committee recommended that the Village issue of a letter of intent indicating the Village's intent to negotiate terms to purchase a new fire engine to replace Engine 1711 in 2021. Chief Kenny and Deputy Chief Kelly have been in discussion with apparatus manufacturer, Pierce Manufacturing, Inc, through their dealer Maqueen Emergency, and they have agreed to honor the 2020 pricing for a new engine if we provide a letter of intent to negotiate and then enter a purchase contract for that engine. A draft of the letter of intent was included in the agenda packet for the Board to review. There seems to be little doubt that we need a new fire engine. The unit that the department is seeking to replace is 20 years old and is one of only two engines that the Village now has. Some years ago, the Village decided to go down to two engines rather than three for cost savings and it has worked out very well. We have saved hundreds of thousands of dollars over the years but with only having two engines, we need to make sure that they are both up to snuff and very reliable. The department is currently working with the state to try to obtain a grant to help with the purchase but if that does not come through for the Village, we will need to find another way to pay for that engine. In the meantime, the hope is that by entering into this letter of intent agreement, we would say approximately $16,000 - $20,000 on the purchase of that new engine. The price of the engine is $553,000.00. The existing engine does have resale value which will be applied to the purchase. Discussion followed.
Village Manager Velkme said this is a critical piece of equipment and she believed it would be a good idea to have a consensus vote on the issue this evening. If the Village does not receive the grant, staff will be looking at different funding mechanisms. Director Turi said our concern is that we don't want to order the engine until the grant has been awarded. That may preclude the Village's ability to secure the grant. The engine is needed and includes an 11-month lead time. A consensus vote was taken to ensure the Board was comfortable with issuance of the letter. With the full agreement of the Board, the letter of intent will be issued to Maqueen Emergency and Pierce Manufacturing. The Board will ratify the letter of intent on November 23, 2020.
6) GENERAL GOVERNMENT - TRUSTEE TYRRELL
A) West Suburban Mass Transit District (WSMTD) Dissolution
Trustee Tyrrell reported on the proposed dissolution of the West Suburban Mass Transit District. The West Suburban Mass Transit District is a 10-member municipal association to which we belong. The West Suburban Mass Transit District was established in 1 972 with federal and state grants to collect and distribute money along the BNSF train line. It is a unit of local government created for the communities up and down the BNSF corridor. The District does not have taxing powers and financially was dependent on the grant. What the district did was to provide its own grant to member communities to use for transportation initiatives. The best example for us is the construction of our train station over ten years ago. Over the years, the grants to member communities have eaten up the principle and the District is running out of money. They do not provide or subsidize train lines, just merely improvements along the line. The District's Board of Directors, of which our own former Village Manager, Patrick Higgins, is a member considered in October that there is no longer a need for services provided by the West Suburban Mass Transit District. They voted that the District itself should be terminated. This is a local unit of government that is actually disappearing. The District has come to our Board, as well as the boards of the other ten communities and requested that we pass a resolution authorizing the discontinuance of the services and the dissolution of the District. Our committee agreed with the draft resolution which will be on the November 23, 2020 omnibus vote list if the Board concurs with the committee's recommendation. There are some leftovers funds from the District when they dissolve it. The Village will receive a small, 7.95%, pro rata share of the funds left in the District. That share is based on the mileage that the Village has along he BNSF line.
B) Declaration No. 2020-03: Declaration of a State of Emergency in the Village of Western Springs, Cook County, Illinois (COVID-19 -November 9, 2020) (Disaster Declaration and Remote Meetings Rules)
As President Gallagher had mentioned earlier this evening, a Declaration of a State of Emergency in the Village is on the docket for approval this evening. Trustee Tyrrell said that we are restating and reissuing the disaster proclamation in the Village and reaffirming the remote meeting protocols. This does not change anything that we have had in place since March 16, 2020 but is on the agenda as an action item to restate and extend the prior declarations. There will be a motion to approve Declaration 2020-03: Declaration Of A State Of Emergency In The Village Of Western Springs, Cook County, Illinois (Covid-19 -November 9, 2020) (Disaster Declaration And Remote Meetings Rules). We do recognize that COVID-19 presents a direct emergency to the public health and safety and this declaration allows President Gallagher to issue Executive Orders for as needed reasonably necessary responses to emergency items which come up without public advertisement.
As President Gallagher had also mentioned, such an Executive Order, if we do put in place the Declaration of State of Emergency, relates to the tolling or suspension of the application and review period for small wireless facility permits. The Small Wireless Deployment Act, which we are all fairly well familiar with, gives rise to the cell technology, the Act itself authorizes a local authority such as our Village to toll, or suspend, the time period for an application if there is a local, state or federal disaster declaration that causes the delay. There is also a provision in the Act itself that the wireless providers must comply with local code provisions or regulations that concern public safety. Considering, and if we approve the Declaration of a State of Emergency in Western Springs due to COVID, Executive Order 2020-06 approves the tolling or suspension of the time period for review and approval for any and all applications for small wireless facility permits until the time for the federal, state or local disaster declaration expire or are repealed. The Board will consider approval of the Emergency Declaration in a few minutes and then President Gallagher will issue the Executive Order.
Trustee Rudolph asked if this creates any other restrictions and if we are able to make it specific to the other 5G applications. Have others done this, too? President Gallagher asked Attorney Jurusik to respond. Attorney Jurusik said that is correct. We are relying on a specific provision in the Act to place this suspension or hold on processing applications and so it doesn't go beyond any other applications or permits. It is singularly focused on 5 G small cell applications and we will be the first community in Illinois to Attorney's Jurusik's knowledge to adopt this type of Executive Order. * [See action on page 17 of minutes)
ACTION ITEMS - SPECIAL MEETING AGENDA
NEW BUSINESS
7) MOTION TO AWARD A CONTRACT TO LOWEST QUALIFIED RESPONSIBLE BIDDER, TOLER CONSTRUCTION INC.QF ARLINGTQN HEIGHTS, IL FOR THE VILLAGE HALL RECEPTION IMPROVEMENTS PROJECT IN THE AMOUNT OF $31,200.00 (Rudolph)
MOTION:
Trustee Rudolph moved, seconded by Tyrrell, to Award A Contract To Lowest Qualified Responsible Bidder, Toler Constmction Inc. Of Arlington Heights, II For The Village Hall Reception Improvements Project In The Amount Of $31,200.00.
The motion passed on a roll call vote.
Voting aye: Trustees Rudolph, Tyrrell, Chen, Fink, John and Lewis.
Voting nay: None.
8) RESOLUTION 20-2579
APPROVING AND AUTHORIZING THE EXECUTION OF AIA DOCUMENT A101 - 2017 (STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR), AIA DOCUMENT A201 - 2017 (GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION). AIA DOCUMENT Al 01 - 2017 EXHIBIT A (INSURANCE AND BONDS) AND RIDER "1" THERETO TO BE ENTERED INTO BETWEEN THE VILLAGE OF WESTERN_SPRINGS AND LOWEST RESPONSIBLE AND QUALIFIED BIDDER TOLER CONSTRUCTION. INC. FOR COMPLETION OF THE VILLAGE HALL OFFICE RENOVATION PROJECT (Rudolph)
MOTION:
Trustee Rudolph moved, seconded by Chen, to approve Resolution 20-2579 Approving And Authorizing The Execution OfAIA Document Al 01 - 2017 (Standard Form Of Agreement Between Owner And Contractor), AIA Document A201 -2017 (General Conditions Of The Contract For Constmction), AIA Document A101 - 2017 Exhibit A (Insurance And Bonds) And Rider "1" Thereto To Be Entered Into Between The Village Of Western Springs And Lowest Responsible And Qualified Bidder Toler Constmction Inc. For Completion Of The Village Hall Office Renovation Project
The motion passed on a roll call vote.
Voting aye: Trustees Rudolph, Tyrrell, Chen, Fink, John and Lewis. Voting nay: None.
9) MOTION TO APPROVE DECLARATION NO. 2020-03: DECLARATION OF A STATE OF EMERGENCY IN THE VILLAGE OF WESTERN SPRINGS. COOK COUNTY. ILLINOIS fCOVID-19 - NOVEMBER 9, 2020) (DISASTER DECLARATION AND REMOTE MEETINGS RULES) (Tyrrell)
MOTION:
Tmstee Tyrrell moved, seconded by Chen, to approve Declaration No. 2020-03: Declaration Of A State Of Emergency In The Village Of Western Springs, Cook County, Illinois (Covid-19 -November 9, 2020) (Disaster Declaration And Remote Meetings Rules) Award A Contract To Lowest Qualified Responsible Bidder, Toler Construction Inc. Of Arlington Heights, II For The Village Hall Reception Improvements Project In The Amount Of $31,200.00.
The motion passed on a roll call vote.
Voting aye: Trustees Tyrrell, Chen, Fink, John, Lewis and Rudolph.
Voting nay: None.
OTHER BUSINESS
There was none.
REPORTS
10) VILLAGE PRESIDENT GALLAGHER
A) Various Appointments To Commission And Boards:
• Appointments To EDC (Appointment Of Paul Giannopulos As A Member Of The Economic Development Commission To Fill An Unexpired And Vacant Term Of Office Until January 2022 (For Remainder Of Term Of Open Seat OfLynette Bowden);
• Reappointment ofJocelyn Brumbaugh as a Member of the Plan Commission for a three-year term to expire in December 2023;
• Reappointment of Robert Baker as Chair of the Economic Development Commission for a three-year term to expire in December 2023; and
• Reappointment of Erin Piotrowski as Chair of the Recreation Commission for a three-year term to expire in December 2023.
President Gallagher announced her intention to make the appointments and reappointments noted above. With no objection from the Board, the appointments and reappointments were added to the November 23, 2020 omnibus vote list.
B) Other
President Gallagher reported that on November 7, 2020, Tmstees Chen and Tyrrell, staff members Chris Breakey and Jenny Pesek, and many members of Bill Siffermann's family, gathered at Blue Star Memorial Park to recognize our respected Trustee who passed away while in office last March. It was a short, but lovely event. President Gallagher said she wanted to especially thank Jenny, Chris, and Wil Beresheim for their work to ensure we planted the most beautiful lilac tree and commemorative stone in Bill's honor in the park. As my fellow Board members know, Bill was the consummate public servant, volunteering his time, knowledge and vast experience, especially in the area of public safety, to serving the Village he loved. Please take a moment to visit this lasting tribute to a wonderful and generous spirit.
11) VILLAGE MANAGER VELKME
Village Manager Velkme provided several items regarding the Tollway. The shoofly bridge is complete, and commuter and freight trains are using those tracks. What the Tollway would like to do now if to remove the old, existing bridge and then start building the new one. The Tollway issued a letter to the residents in the area advising them that this work is going to be done. Village IVtanager Velkme said that unfortunately one of residents told her that they only received the letter today so perhaps there was a mailing delay. The work will occur during the day and overnight hours, too. They will be doing concrete breaking and pile driving and it is anticipated to be maybe a week or two. Hopefully they do not have to work in too many overnight hours but for the safety of their workers and the freight train traffic, they have cited that they have to do that. We would like them to minimize the overnight operations; they are not subject to our Village's ordinance when they are working on the Tollway. The BNSF also is not subject to that also. Village Manager Velkme said hopefully the resident received letters on that.
Village Manager Velkme said she did have the opportunity to walk the mile-long bridge with Directors Took, Supert and Assistant Director Biernacki. They are anticipating opening the northbound lanes of the mile-long bridge by or around Thanksgiving. It is quite an amazing bridge that carries drivers over three water sources, local roads, the UPS facility and also BNSF. It is about five stories and some of us were a little nervous to be up that high, but it was a good experience. Village Manager Velkme added that it takes a long time to do these improvements, but she thinks this will be an excellent improvement and they anticipate that this bridge will be good for about 100 years or so.
On Saturday, November 7, the Village partnered with SCARCE to host its second annual pumpkin composting event. The Pumpkin Smash is an annual community effort to divert pumpkins from landfills by providing locations for residents to drop off Jack-o-lanterns to be composted. This year the Village collected approximately 1,300 pumpkins, more than double the amount collected in 2019. Lakeshore Recycling Systems (LRS) provided two 20-yard waste containers to offload some of the pumpkins. We are also complying with the Illinois Environmental Protection Agency (IEPA) guidelines. We would also like to thank the Western Springs Service Club for allowing us the use of the pool parking lot and especially Pat Turner, their President.
Also, on Saturday, the Village and Community Green Team hosted the monthly Styrofoam collection program. The collection was about the same as last month, which was quite a bid. Volunteers collected approximately 113 bags of Styrofoam. The Village anticipates Dart Container Corporation to send a 5 3-foot trailer to collect the Styrofoam that will be diverted from the landfill.
12) VILLAGE ATTORNEY JURUSIK
Village Attorney Jurusik provided an update on the November 3, 2020 Advisory Referendum question dealing with whether the Village should allow cannabis businesses within the Village. That measure failed. The vote was 40% "yes" and approximately 60% "no" to that measure. That was a non-binding referendum. Attorney Jumsik said that after talking to President Gallagher and Village Manager Velkme, he will be drafting an ordinance to present at the next meeting for the Village to opt out of allowing recreational cannabis dispensaries to operate within the Village's jurisdiction. In addition to that, as discussed earlier in the year when the Board discussed Illinois's adoption of recreational cannabis and medical cannabis laws allowing for both types of dispensaries, our State cannabis law does not allow the Village to prohibit medical cannabis dispensaries within our jurisdiction. In conjunction with the opt-out ordinance, Village Attorney will also be drafting some business and licensing amendments for consideration in December and January 2021 for the Board to consider allowing medical cannabis dispensaries to operate someplace within the Village. That location to be determined after input from the Board of Zoning Appeals and Plan Commission. There will be a public hearing, at least one, before the Plan Commission, Planning and Zoning Committee and the Board regarding medical cannabis dispensaries and the business regulations will go before the Plan Commission, the Planning and Zoning Committee and before the Village Board before any final action is taken. A state cannabis license requires local zoning approval at the local level so that good thing is that we cannot have a dispensary come into the Village without some type of local ordinance or control. Village Attorney Jurusik will prepare the ordinances and the various commissions, committees and boards will address those in the coming months.
President Gallagher noted there were seven communities with the referendum question on their ballot and Western Springs was the only community that declined.
* EXECUTIVE ORDER NO. 2020-06
Village President Gallagher asked for a consensus vote of the Board members on her intention to issue Executive Order No. 2020-06 Tolling of Application Review and Approval Period for Small Wireless Facility Permits Due to Local, State or Federal Disaster Declaration or Similar Emergency Causing Delay - COVID-19 Pandemic).
MOTION:
The motion passed on a roll call consensus vote.
Voting aye: Trustees Tyrrell, Chen, Fink, John, Lewis and Rudolph.
Voting nay: None.
With the full consensus of the Board, President Gallagher will immediately issue said order.
ADJOURN
MOTION:
The motion passed on a roll call consensus vote.
Voting aye: Trustees Tyrrell, Chen, Fink, John, Lewis and Rudolph.
Voting nay: None.
With the full consensus of the Board, President Gallagher will immediately issue said order.
MOTION:
Tmstee Tyrrell moved, seconded by Chen, to adjourn this meeting.
The motion passed on a roll call vote.
Voting aye: Trustees Rudolph, Tyrrell, Chen, Fink, John and Lewis.
Voting nay: None.
The meeting adjourned at 9:01 p.m.
https://www.wsprings.com/AgendaCenter/ViewFile/Minutes/_11092020-1136
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