HomeMy WebLinkAbout2018-07-23 AgendaMORTON . GROVE
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VILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE/AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
July 23, 2018
6:00 pm
(The hour between 6.•00 and 7:00 pm is set aside for Executive Session
per 1-5-7A of the Village of Morton Grove Municipal Code.
If the Agenda does not include an Executive Session, the meeting will begin at 7:00 pm.)
1. Call to Order
2. Pledge of Allegiance
3. Exetutive Session
THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM
IN THE COUNCIL CHAMBERS
OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER
4. Reconvene Meeting
5. Pledge of Allegiance
6. Roll Call
7. Approval of Minutes Regular Meeting — July 9, 2018
8. Special Reports
9. Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report —Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal
Conference, Strategic Plan Committee
12. Clerk's Report — Condominium Association, Strategic Plan Committee
13. Staff Reports
a. Village Administrator
1) Resolution 18-41 (Introduced July 23, 2018)
Ratifying Change Order No. 11 to Contract No. 3 Entitled "MGNWC West 20 -Inch
Water Supply Transmission Main "Between the Morton Grove Niles Water Commission
and Bolder Contractors, Inc. and Approving Reimbursement to the Morton Grove -Niles
Water Commission
2) Resolution 18-42 (Introduced July 23, 2018)
Ratifying Change Order No. 4 to Contract No. 2 Entitled "MGNWC West 30 -Inch
Transmission Main `Between the Morton Grove Niles Water Commission and DiMeo
Brothers, Inc. and Approving Reimbursement to the Morton Grove -Niles Water
Commission
3) Miscellaneous Reports and Updates
b. Corporation Counsel
14. Reports by Trustees
a. Trustee Grear — Building Department, Community and Economic Development Department,
Lehigh/Ferris TIF, Police Facility Committee, Prairie View TIF, Special Events Commission,
Traffic Safety Commission (Trustee Minx)
b. Trustee Minx — Capital Projects, Chamber of Commerce, Natural Resource Commission Plan
Commission/Zoning Board, Public Works Department, Waukegan Road TIF (Trustee Grear)
1) Ordinance 18-12 (Introduced July 9, 2018) (Second Reading)
Adding Title 7, Chapter 11 Entitled "Small Cell Antennas, Personal Wireless
Telecommunication Facilities" to the Municipal Code of the Village
2) Resolution 18-43 (Introduced July 23, 2018)
Authorization to Execute a Contract with Hayes Mechanical for the Maintenance of
Heating and Air Conditioning Equipment
c. Trustee Ramos —Appearance Commission, Environmental Health, IT, Legal Department
(Trustee Travis)
d. Trustee Thil1— Advisory Commission on Aging, Emergency Management Agency, Family and
Senior Services Department, Fire Department, Fire Pension Board, RED Center, SWANCC
(Trustee Witko)
14. Reports by Trustees (continued)
e. Trustee Travis — Community Relations Commission, Dempster Street Corridor Plan, Finance
Advisory Commission, Finance Department (Trustee Ramos)
1) Ordinance 18-13 (Introduced July 23, 2018) (Request to Waive Second Reading)
Amending Title 4, Chapter 9 to be Entitled "Garage Sales" of the Municipal Code
f. Trustee Witko — Economic Development Commission, Farmers' Market, Fire and Police
Commission, NIPSTA, Police Department, Police Pension Board, Water Comm. (Trustee Thill)
1) Resolution 18-44 (Introduced July 23, 2018)
Approving an Amended Mutual Aid Agreement and Plan for the Northern Illinois Police
Alarm System
15. Other Business
16. Presentation of Warrants - $679,435.67
17. Residents' Comments
18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
19. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220)
promptly to allow the Village to make reasonable accommodations.
WVIINUTES OF A REGULAR MEETING OF THE PRESIDENT
AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE
COOK COUNTY, ILLINOIS, HELD AT THE
ICHARD T. FLICKINGER MUNICIPAL CENTER
JULY 9,2018
CALL TO ORDER
I — Village President Dan DiMaria convened the Regular Meeting of the Village Board at 6:58 p.m.
V. in the Council Chambers of Village Hall and led the assemblage in the Pledge of Allegiance.
VI. Village Clerk Eileen Harford called the roll. Present were: Trustees Bill Grear, Rita Minx,
Ed Ramos, John Thill, Connie Travis, and Janine Witko.
VII. APPROVAL OF MINUTES
Regarding the Minutes of the Regular Meeting of June 25, 2018, Trustee Thill had one correc-
tion: on page 5, paragraph B.f., the sentence should be changed from "Trustee Thill said he did
not believe this business should be classified as an 'entertainment' business." to "Trustee Thill
said he was glad this business is classified as an 'entertainment' business."
Trustee Minx then moved to accept the Minutes as corrected, seconded by Trustee Witko.
Motion passed unanimously via voice vote.
VIII. SPECIAL REPORTS
1. Swearing In Ceremony for New Public Works Director Joseph J. Dahm
a. Mayor DiMaria said this is the formal swearing-in of Joe Dahm, who was named as Director
of Public Works in June. Joe has been employed with the Village since 1977, beginning his
career with the Village as a seasonal employee. He moved to a full-time position in 1980 in
the Forestry Division, and continued his progression in the organization in various capacities,
including Water Pump Station Operator, Engineering Technician, Superintendent of the
Water/Sewer Division, and, in 2010, Assistant Director.
b. Mayor DiMaria performed the swearing- in ceremony, saying that it's his privilege and honor to
do so, knowing that Joe will continue the good work of and having the excellent personnel to
continue serving the residents of Morton Grove.
c. Joe introduced his wife and two daughters as the Board and assemblage congratulated him.
11,flinutes of July 9, 2018 Board Meeting
IX.
X.
XI.
PUBLIC HEARINGS
NONE
RESIDENTS' COMMENTS (Agenda Items Only)
NONE
PRESIDENT'S REPORT
1. Mayor DiMaria thanked the Morton Grove Days volunteers, Village staff, and his colleagues on
the Board for helping to make the Morton Grove Days event successful and fun -filled. He noted
that planning is already under way for next year's festival.
2. Mayor DiMaria said that this Friday, July 13, Mather LifeWays' would be holding an "All-American
Picnic" luncheon at the Civic Center from 11:30 a.m. to 2:00 p.m. He encouraged residents to
come out and have a good time.
3. Mayor DiMaria said that the mosquito population is increasing; therefore, the Mosquito
Abatement District will be conducting targeted adult mosquito control operations in Morton Grove
between the hours of 8:00 p.m. and 2:00 a.m., weather permitting. Dates will be posted on the
Village's social media. Residents are advised to take personal protection measures, including
using repellent, wearing proper attire, and eliminating any standing water where possible.
XII.
Clerk Harford had no report.
XIII.
A. Village Administrator:
Mr. Czerwinski had no report.
XIII.
B. Corporation Counsel:
Corporation Counsel Liston had no report.
CLERK'S REPORT
STAFF REPORTS
STAFF REPORTS (continued)
2
inutes of July 9 2018 Board Meeting
XIV.
A. Trustee Grear:
1. Trustee Grear presented Resolution 18-39, Authorizing the Annual Veterans Day Parade.
TRUSTEES' REPORTS
a. He explained that the Illinois Department of Transportation (IDOT) requires the Village to adopt a
resolution approving the closing of Dempster Street. The resolution also authorizes the Village
Engineer to file an application through IDOT for the closing of Dempster from 1:00 p.m. to 3:00
p.m. on Sunday, November 11, 2018, for the Annual Veterans Day Parade.
Trustee Grear noted that the Village has been conducting Veterans Day Parades for a long time,
and each year, a resolution of this nature is developed, authorizing the parade and assuming
responsibility for the direction, protection, and regulation of traffic during the time the detour is in
effect, and assuming all liabilities for damages of any kind occasioned by the closing of this state
route. The parade route is from Dempster at Georgiana, Georgiana to Crain, east on Crain to
School Street, south on School to Lincoln Avenue, and west on Lincoln to the Morton Grove
Public Library for a public ceremony before returning to the Civic Center.
Trustee Grear moved to approve Resolution 18-39, seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
b.
Tr. Grear
Tr. Thill
ave
ave
Tr. Minx
Tr. Travis
ave
ay2
Tr. Ramos
Tr. Witko
ays
Lys,
2. Trustee Grear thanked the volunteers, the donors, and Village staff for all their assistance prior
to and during the Morton Grove Days festival.
a. Mayor DiMaria thanked Trustee Grear and Morton Grove Days President Paul Minx, noting that
each of them puts an extraordinary amount of time into planning and operating the fest.
B. Trustee Minx:
1. Trustee Minx presented for a first reading Ordinance 18-12, Adding Title 7, Chapter 11
Entitled "Small Cell Antennas, Personal Wireless Telecommunication Facilities" to the
Municipal Code of the Village of Morton Grove.
Trustee Minx said the Village's public rights-of-way are a limited public resource held by the
Village for the benefit of its residents, and the Village has a custodial duty to ensure the public
right-of-way is maintained in a manner that best serves the public interest. The growing demand
for personal wireless telecommunication services has resulted in increased requests nationwide
and locally from the wireless industry to place cellular facilities on utility poles and other struc-
tures in the public right-of-way. State and federal law limits the authority of local governments to
regulate the installation of cellular facilities within the public right-of-way.
The Village's Municipal Code does not include regulation of these cellular facilities and it is in the
best interest of the Village to enact procedures for licensing, regulating, and inspecting cellular
facilities, and establishing appropriate fees for providing these public services. In April 2018,
a.
b.
3
fJlinutes of July 9, 2018 Board Meeting
XIV.
B. Trustee Minx: (continued)
TRUSTEES' REPORTS (continued)
Governor Rauner signed Senate Bill 1451, the Small Wireless Facilities Deployment Act (the
"Act"). It provides the regulations and process for permitting and deploying small cell wireless
facilities throughout Illinois. The Act went into effect on June 1, 2018, and municipalities have
two months from the effective date to either adopt fees through an ordinance or provide a fee
schedule pursuant to the Act.
Trustee Minx noted that, as this is the first reading of this Ordinance, no action will be taken
this evening.
2. Next, Trustee Minx Ordinance 18-11, Approving a Special Use Permit For a Car Wash
(Limited Service—Detailing and Waterless Cleaning of Vehicles) at 9530 Waukegan Road,
Morton Grove, IL.
a.
This is the second reading of this Ordinance.
Trustee Minx explained that the Applicant, Imran Khan, and property owner (Panjwani Network
Restaurants) were seeking a Special Use permit for a limited -use car wash at 9530 Waukegan
Road. The Applicant is proposing to provide on-site detailing and waterless cleaning for their
clients (commercial car dealerships) only.
b. The car wash will not be open to the public. The business will operate Monday through
Saturday from 7:30 a.m. to 7:00 p.m., and on Sundays from 8:00 a.m. to 5:00 p.m. They will
serve three clients in the morning, and three in the afternoon/early evening. The car wash
staff will pick up the dealership cars and then return them. Trustee Minx said the Applicant is
proposing to have four employees on site at the most. A parking and traffic analysis provided
by the Applicant's architect show that there will be a maximum of seven vehicles on site at any
given time (3 from a client, and 4 for employees). There will be designated striped parking areas
in front of and behind the building. The lot's size can provide up to 8 striped parking spaces on
these paved areas. The Applicant would like to, in the future, renovate the building so as to be
able to include retail on-site sales to the general public and have an internal demonstration
space. Trustee Minx said the Applicant is aware that such future expansion would require a
full amendment to this Special Use Permit, if approved. The Plan Commission unanimously
recommended approval of this request, with several conditions.
Trustee Minx moved to adopt Ordinance 18-11, seconded by Trustee Grear.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
Tr. Minx
Tr. Travis
ayft
kya
Tr. Ramos ayQ
Tr. Witko a rhe
3, Trustee Minx then presented Resolution 18-40, Authorizing the Execution of a Service
Contract Extension With Crystal Management and Maintenance Services Corporation
For Janitorial Cleaning Services.
4
XIV. TRUSTEES' REPORTS (continued)
B. Trustee Minx: (continued)
a. Trustee Minx explained that the Village had authorized a contract with Crystal Management and
Maintenance Service for janitorial cleaning services in May of 2016. The contract was for one
year with two optional renewal periods beginning June 1, 2017. Crystal Management has
performed the work satisfactorily and is available to continue performing these services from
June 1, 2018 to May 1, 2019. The contract terms remain unchanged, except the contract
amount is reduced because janitorial work at the Civic Center will be performed by a new Village
employee. The estimated contract value is $35,880, but since this is a unit price contract, the
final contract amount will be based on the actual quantity of work performed.
Trustee Minx moved, seconded by Trustee Thill, to approve Resolution 18-40.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
Ayg
Lys
Tr. Minx
Tr. TravisAys
yQ
Tr. Ramos
Tr. Witko
Ayg
4. Trustee Minx thanked the residents and volunteers for participating in the annual Morton Grove
Days festival. She hoped everyone had a wonderful time, and commented that Morton Grove is
truly a village of volunteers, and it proves over and over again that it is a phenomenal place in
which to live, work, and raise a family.
C. Trustee Ramos:
Trustee Ramos thanked the Morton Grove Days Commission for a job well-done. He said the
festival "ran like a well-oiled machine."
D. Trustee Thill:
1. Trustee Thill had no formal report, but commented on the Morton Grove Days festival. He said
that he had worked the information booth four out of the five nights of the event, and despite all
the angst and anxiety in the world, he found that the majority of people were polite and wonder-
ful. He said he was especially proud of seeing what a diverse community Morton Grove is.
2. Trustee Thill said he would also like to get together with Village Administrator Czerwinski and
Corporation Counsel Liston to take another look at the Village's entertainment tax rules
E. Trustee Travis:
1. Trustee Travis noted that the Community Relations Commission's Summer Photo Contest
runs now through Labor Day. Pictures can be emailed to crc anmortonoroveil.orq or delivered to
Village Hall. For more information, visit the Village's website: www.mortongroveil.orq.
5
inutes sof July 9,'2018 Board Meeting
XIV.
E. Trustee Travis: (continued)
TRUSTEES' REPORTS (continued)
2. Trustee Travis also reminded the assemblage that the Community Relations Commission is
sponsoring a community -wide garage sale on Friday, August 10, Saturday, August 11, and Sun-
day August 12, from 9:00 a.m. to 5:00 p.m. each day. To register to be a part of this event,
please go to the Village's website.
F. Trustee Witko:
XV.
Trustee Witko had no report this evening.
OTHER BUSINESS
NONE
XVI. WARRANTS
XVII.
1.
Trustee Travis presented the Warrant Register for July 9, 2018 in the amount of $520,086.18.
She moved that the Warrants be approved as presented. Trustee Witko seconded the motion.
Trustee Ramos had a question about a line item regarding boarding animals.
Mr. Czerwinski responded, telling him that when animal control picks up lost dogs, there's no
space to hold them until such time as an owner is located. Therefore, from time to time, the
Village boards these animals at a local animal hospital.
Mayor DiMaria called for the vote on the Warrants.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
jam
Tr. Minx
Tr. Travis
kya
RESIDENTS' COMMENTS
Tr. Ramos
Tr. Witko
Lyg
aye
Rudolph Vilc said he feels that the Village is disrespecting him. He felt that elected officials
need to be honest with the residents. He had a number of issues with the mayor and corporation
counsel, including the fact that he's written numerous letters to the Village and has never re-
ceived a written response.
a. Mayor DiMaria said that he has met with Mr. Vilc face to face several times and has responded
to him. He told Mr. Vilc that his input was appreciated and duly noted.
2. Nancy Lanning congratulated everyone on the MG Days festival. She felt it was very well
organized and she was quite impressed with how everything just "flowed"—she said she knows
that it doesn't happen that easily.
6
XVII.
RESIDENTS' COMMENT (continued)
inutes of July 9 2018 Board Meeting
a. Nancy also said that, as a lifelong Morton Grove resident, she has seen plenty of "ups and
downs" when it comes to Village administration and elected officials; however, she felt that the
previous speaker has "too much negativity" and that might be impacting his relationships with
village officials.
3.
4.
Benita LoGuidice thanked Joe Dahm and Public Works, as well as the Police Department, for
putting barricades in front of the park right after the fireworks. She said they were responsive
and courteous, adding that she is proud to be a Morton Grove resident.
Bill Page said he was curious about the car wash approved via Ordinance 18-11; he was trying
to picture the location. Mr. Czerwinski said that it is not a "typical" car wash and won't be compet-
ing with any other local car washes. This car wash will fully detail six vehicles per day provided
by local car dealerships, and parking at the site is plentiful. Mr. Czerwinski said that Village staff
and the Plan Commission spent a lot of time questioning the applicant. The car wash is
"waterless;" they have a cleaning agent that is gentle on high-end cars and that they hope
to sell online. He added this is an appropriate use for this site and assured Mr. Page that there
will not be any conflict with Platinum Car Wash.
XVIII. ADJOURNMENT
There being no further business before the Board, Trustee Minx moved to adjourn the meeting,
seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
gya
Tr. Minx
Tr. Travis
The meeting adjourned at 7:30 p.m.
gya
Tr. Ramos
Tr. Witko
gyg
gya
7
'Minutes of July 9, 2018 Board Meeting
PASSED this 23rd day of July, 2018.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 23rd day of July, 2018.
Daniel P. DiMaria, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 24th day of July, 2018.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes by: Teresa Cousar
8
Legislative Summary
Resolution 18-41
RATIFYING CHANGE ORDER NO. 11 TO CONTRACT NO. 3 ENTITLED "MGNWC WEST 20 -
INCH WATER SUPPLY TRANSMISSION MAIN "BETWEEN THE MORTON GROVE NILES
WATER COMMISSION AND BOLDER CONTRACTORS, INC. AND APPROVING
REIMBURSEMENT TO THE MORTON GROVE-NILES WATER COMMISSION
Introduced:
Synopsis:
Background:
Departments
Affected:
Fiscal Impact:
Source of Funds:
Work Impact:
Admin
Recommend:
2"d Reading:
Special Consider
or Requirement:
July 23, 2018
This Resolution will ratify a change order negotiated by the MGNWC for improvements to
the Village's South Pumping Station to replace an existing 14 -inch effluent water main and
14 -inch gate valve and vault and will authorize the Village to reimburse the MGNWC for this
work.
The Morton Grove -Niles Water Commission ("MGNWC") has entered into numerous
contracts with contractors to construct water transmission mains and facility improvements
including new water main lines, pump stations and a water storage standpipe, and to
rehabilitate certain existing water main lines to construct and operate a public water supply
system that connects the Villages of Morton Grove and Niles to the MGNWC's future water
supplier, the city of Evanston ("the "Project"), including Contract No. 3, the "MGNWC 20 -
Inch Water Supply Transmission Main" with Bolder Contractors, Inc. which will include
work near the Village of Morton Grove's South Pumping Station. The Village requires
improvements be made at the South Pumping Station to replace an existing 14 -inch effluent
water main and 14 -inch Gate Valve. While this work is not related to the MGNWC Project, it
is cost efficient for Bolder Contractors, Inc. to complete the Morton Grove improvements as
part of its contract with the MGNWC. At the Village's request, the MGNWC has negotiated a
change order with Bolder Contractors, Inc. for the Morton Grove work. This Resolution will
ratify that change order and authorize reimbursement to the MGNWC from Morton Grove for
this work at a cost not to exceed $60,000.00.
Legal, Administration, and Finance Departments
The Village will reimburse the MGNWC for any amounts paid pursuant to the not to exceed
amount of $60,000.00.
Enterprise
The Village Administrator, Director of Public Works, Finance Director, and Corporation
Counsel will oversee the implementation of the Change Order.
Approval as presented.
Not required.
None
Respectfully submitted: /
Ral h . C erwinski, Vi
Reviewed by:
Prepared by:
Teresa - offma
Reviewed by:
RESOLUTION 18-41
RATIFYING CHANGE ORDER NO. 11 TO CONTRACT NO.3 ENTITLED "MGNWC 20 -
INCH WATER SUPPLY TRANSMISSION MAIN" BETWEEN THE MORTON GROVE NILES
WATER COMMISSION AND BOLDER CONTRACTORS, INC. AND APPROVING
REIMBURSEMENT TO THE MORTON GROVE-NILES WATER COMMISSION
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, in 2017, the Morton Grove -Niles Water Commission ("MGNWC") was established
by Morton Grove and Niles pursuant to Division 135 of Article 11 of the Illinois Municipal Code (65
ILCS 5/11-135-1, et seq.) for purposes of constructing and operating a public water supply system; and
WHEREAS, the MGNWC has entered into numerous contracts with contractors to construct
water transmission mains and facility improvements including new water main lines, pump stations and
a water storage standpipe, and to rehabilitate certain existing water main lines to construct and operate a
public water supply system that connects the Villages of Morton Grove and Niles to the MGNWC's
future water supplier, the city of Evanston ("the "Project"), including Contract No. 3 entitled "MGNWC
20 -Inch Water Supply Transmission Main" with Bolder Contractors, Inc. in the amount of
$11,566,613.00; and
WHEREAS, the Village of Morton Grove requires at its South Pumping Station work to replace
an existing 14 -inch effluent water main and 14 -inch Gate Valve and Vault ("the Morton Grove Work").
The Morton Grove Work is not related to the Project; and
WHEREAS, after reviewing several options, it has been determined the most expedient and cost-
effective way to complete the Morton Grove Work is to have the MGNWC negotiate a change order to
its Contract No. 3 so Bolder Contractors, Inc. can complete the Morton Grove Work, and reimburse the
MGNWC for any amount paid to the Bolder Contractors for the Morton Grove Work; and
WHEREAS, the MGNWC has negotiated a change order with Bolder Contractors, Inc. for the
Morton Grove Work at a cost not to exceed $60,000.00 which has been determined by the Public Works
Director and the Village Administrator of Morton Grove to be fair and reasonable; and
WHEREAS, the Village Administrator recommends the Village Board ratify Change Order No.
11 to the MGNWC Contract No. 3 for the Morton Grove Work and reimburse the MGNWC for any
amount paid by it as a result of said change order.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
1
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The President and Board of Trustees of the Village of Morton Grove hereby ratify
the MGNWC Change Order No. 11 to Contract No. 3 in an amount not to exceed $60,000.00 for work at
the Village of Morton Grove's South Pumping Station work to replace an existing 14 inch effluent water
main and 14 inch Gate Valve and Vault and hereby agree to reimburse the MGNWC for any amount
paid by the MGNWC pursuant to Change Order No. 11.
SECTION 3: The Village Administrator, Public Works Director, and Finance Director and/or
their designees are hereby authorized to take any and all actions necessary to oversee Change Order No.
11 and to reimburse the MGNWC for any amounts paid pursuant thereto.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 23rd DAY OF JULY 2018
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS THIS 23`d DAY OF JULY 2018
ATTESTED and FILED in my office
THIS 24th DAY OF JULY 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
2
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 18-42
RATIFYING CHANGE ORDER NO. 4 TO CONTRACT NO. 2 ENTITLED "MGNWC WEST 30 -
INCH TRANSMISSION MAIN "BETWEEN THE MORTON GROVE NILES WATER
COMMISSION AND DIMEO BROTHERS, INC. AND APPROVING REIMBURSEMENT TO
THE MORTON GROVE-NILES WATER COMMISSION
Introduced:
Synopsis:
Background:
Departments
Affected:
Fiscal Impact:
Source of Funds:
Work Impact:
Admin
Recommend:
2°' Reading:
Special Consider
or Requirement:
July 23, 2018
This Resolution will ratify a change order negotiated by the MGNWC to replace
nine (9) lead services lines on the west side of Marmora Avenue and will authorize the Village
to reimburse the MGNWC for this work.
The Morton Grove -Niles Water Commission ("MGNWC") has entered into numerous
contracts with contractors to construct water transmission mains and facility improvements
including new water main lines, pump stations and a water storage standpipe, and to
rehabilitate certain existing water main lines to construct and operate a public water supply
system that connects the Villages of Morton Grove and Niles to the MGNWC's future water
supplier, the city of Evanston ("the "Project"), including Contract No. 2, the "MGNWC
West 30 -Inch Transmission Main" with DiMeo Brothers, Inc. This contract includes replacing
lead water service lines on the east side of Marmora Avenue in Morton Grove. Village Staff
has determined it is in the Village's best interest to also replace nine (9) additional lead
services lines on the west side of Marmora Avenue now while the street is open, and the area
has been excavated. While this work is not related to the MGNWC Project, it is cost efficient
for DiMeo Brothers, Inc to replace the service lines on the west side of Marmora Avenue as
part of its contract with the MGNWC. At the Village's request, the MGNWC has negotiated a
change order with DiMeo Brothers, Inc. for this work. This Resolution will ratify that change
order and authorize reimbursement to the MGNWC from Morton Grove for this work at a cost
not to exceed $50,000.00.
Legal, Administration, and Finance Departments
The Village will reimburse the MGNWC for any amounts paid pursuant to the not to exceed
amount of $50,000.00.
Enterprise
The Village Administrator, Director of Public Works, Finance Director, and Corporation
Counsel will oversee the implementation of the Change Order.
Approval as presented.
Not required.
None
Respectfully submitted:
Prepared by:
Ralph G Czerwinski, Vi11ag mimstrator Ter ,:..■,.offm
Reviewed by: Ar- —r Reviewed by:
orporation Counsel
RESOLUTION 18-42
RATIFYING CHANGE ORDER NO. 4 TO CONTRACT NO.2 ENTITLED "MGNWC WEST
30 -INCH TRANSMISSION MAIN" BETWEEN THE MORTON GROVE NILES WATER
COMMISSION AND DIMEO BROTHERS, INC. AND APPROVING REIMBURSEMENT TO
THE MORTON GROVE-NILES WATER COMMISSION
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, in 2017, the Morton Grove -Niles Water Commission ("MGNWC") was established
by Morton Grove and Niles pursuant to Division 135 of Article 11 of the Illinois Municipal Code (65
ILCS 5/11-135-1, et seq.) for purposes of constructing and operating a public water supply system; and
WHEREAS, the MGNWC has entered into numerous contracts with contractors to construct
water transmission mains and facility improvements including new water main lines, pump stations and
a water storage standpipe, and to rehabilitate certain existing water main lines to construct and operate a
public water supply system that connects the Villages of Morton Grove and Niles to the MGNWC's
future water supplier, the city of Evanston ("the "Project"), including Contract No. 2 entitled "MGNWC
West 30 -inch Transmission Main" with DiMeo Brothers, Inc. in the amount of $14,069,630.00 and
WHEREAS, the Village of Morton Grove requires work to replace nine (9) Lead Services Lines
on Marmora Avenue ("the Morton Grove Work") in the path of the 30 -inch Transmission Main. The
Morton Grove Work is not related to the Project; and
WHEREAS, after reviewing several options, it has been determined the most expedient and cost-
effective way to complete the Morton Grove Work is to have the MGNWC negotiate a change order to
its Contract No. 2 so DiMeo Brothers, Inc. can complete the Morton Grove Work, and reimburse the
MGNWC for any amount paid to DiMeo Brothers for the Morton Grove Work; and
WHEREAS, the MGNWC has negotiated a change order with DiMeo Brothers, Inc. for the
Morton Grove Work at a cost not to exceed $50,000.00 which has been determined by the Public Works
Director and the Village Administrator of Morton Grove to be fair and reasonable; and
WHEREAS, the Village Administrator recommends the Village Board ratify the Change Order
No. 4 to the MGNWC Contract No. 2 for the Morton Grove Work and reimburse the MGNWC for any
amount paid by it as a result of said change order.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
1
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The President and Board of Trustees of the Village of Morton Grove hereby ratify
the MGNWC Change Order No. 4 to Contract No. 2 in an amount not to exceed $50,000.00 for work to
replace nine (9) Lead Services Lines on Marmora Avenue ("the Morton Grove Work") in the path of the
30 -inch Transmission, and hereby agree to reimburse the MGNWC for any amount paid by the
MGNWC pursuant to Change Order No. 4.
SECTION 3: The Village Administrator, Public Works Director, and Finance Director and/or
their designees are hereby authorized to take any and all actions necessary to oversee Change Order No.
4 and to reimburse the MGNWC for any amounts paid pursuant thereto.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 23`d DAY OF JULY 2018
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS THIS 23`d DAY OF JULY 2018
ATTESTED and FILED in my office
THIS 24th DAY OF JULY 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
2
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 18-12
ADDING TITLE 7, CHAPTER 11 ENTITLED
"SMALL CELL ANTENNAS, PERSONAL WIRELESS TELECOMMUNICATION FACILITIES"
TO THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
Introduced:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special
Considerations or
Requirements:
2espectfully submitted: V `' Reviewed by:
Ra oh E. Czerwinski, pillage Administrator o '.h 7�Dahm, Director Public Works
Prepared by: Reviewed by:
Chris Tomich, Village Engineer Teresa .ffIrian Liston, Corporation Counsel
July 9, 2018
To amend the Municipal Code to establish regulations and fees related to the licensing,
regulating, and inspecting the installation and maintenance of Cellular Facilities in order
to offset the Village's administrative costs of its services and to authorize the President
and other Village official to carry out the intent of this Ordinance.
The Village's public rights-of-way are a limited public resource held by the Village for
the benefit of its residents, and the Village has a custodial duty to ensure the public
right-of-way is maintained in a manner that best serves the public interest. The growing
demand for personal wireless telecommunication services has resulted in increased
requests nationwide and locally from the wireless industry to place cellular facilities on
utility poles and other structures in the public right-of-way. State and federal law limit
the authority of local government to regulate the installation of cellular facilities within
the public right-of-way. The Village's Municipal Code does not include regulation of
these cellular facilities and it is in the best interest of the Village to enact procedures to
license, regulate, and inspect cellular facilities, and establish appropriate fees for
providing these public services. On April 12, 2018, Governor Bruce Rauner signed
Senate Bill 1451 (Public Act 100-0585), the Small Wireless Facilities Deployment Act
(Act). This Act provides the regulations and process for permitting and deploying small
cell wireless facilities throughout Illinois. The Act went into effect on June 1, 2018.
Municipalities have two months from the effective date to either adopt fees through an
ordinance or provide a fee schedule pursuant to the Act.
Public Works Department
No cost
N/A
Licensing, regulating and inspecting cellular facilities will be handled by the Administration,
Finance, and Public Works Departments as part of a new responsibility.
Approval as presented.
Required — Code Book Change (July 23, 2018)
None
ORDINANCE 18-12
ADDING TITLE 7, CHAPTER 11, ENTITLED "SMALL CELL ANTENNAS, PERSONAL
WIRELESS TELECOMMUNICATION FACILITIES" TO THE MUNICIPAL CODE OF THE
VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Village is further authorized to adopt the amendments contained herein pursuant
to its authority to regulate the public right-of-way pursuant to Section 11-80-1, et seq., of the Illinois
Municipal Code (65 ILCS 5/11-80-1, et seq.); and
WHEREAS, the Village utilizes the public rights-of-way within its corporate limits to provide
essential public services to the Village's residents and businesses. The public rights-of-way within the
Village are a limited public resource held by the Village for the benefit of its residents, and the Village
has a custodial duty to ensure the public right-of-way is used, repaired and maintained in a manner that
best serves the public interest; and
WHEREAS, growing demand for personal wireless telecommunications services has resulted in
increasing requests nationwide and locally from the wireless industry to place small cell facilities,
distributed antenna systems, and other personal wireless telecommunication facilities (collectively,
"Cellular Facilities") on utility and street light poles and other structures in the public rights-of-way; and
WHEREAS, while state and federal law limit the authority of local governments to enact laws that
unreasonably discriminate among providers of functionally equivalent services, and prohibit or have the
effect of prohibiting the provision of telecommunications services by wireless service providers. The
Village is authorized, under existing state and federal law, to enact appropriate regulations and restrictions
relative to cellular facilities installations in the public rights-of-way; and
WHEREAS, in anticipation of continued increased demand for placement of Cellular Facilities
installations within the public rights-of-way, the President ("the President") and the Village Board of the
Village (the "Village Board" and with the President, the "Corporate Authorities") find it is in the best
interests of the public health, safety and general welfare of the Village and its residents to amend the Code
of Ordinances of the Village of Morton Grove (the "Municipal Code") as set forth herein in order to
clarify the standards for the construction, installation, use, maintenance and repair of Cellular Facilities,
systems and installations within the public rights-of-way in the Village so as to, among other things: (i)
prevent interference with the facilities and operations of the Village utilities and of other utilities lawfully
located in public rights-of-way or property; (ii) provide specific regulations and standards for the
placement and siting of Personal Wireless Telecommunication Facilities within public rights-of-way in
the Village; (iii) preserve the character of the neighborhoods in which facilities are installed; (iv)
minimize any adverse visual impact of Personal Wireless Telecommunication Facilities and prevent
visual blight in the neighborhoods in which facilities are installed; (v) facilitate the location of Personal
Wireless Telecommunication Facilities in permitted locations within the public rights-of-way in the
Village; and (vi) assure the continued safe use and enjoyment of private properties adjacent to Personal
Wireless Telecommunication Facilities; and
WHEREAS, in order for the Village to properly license, regulate and inspect Cellular Facilities,
the Village must adopt certain procedures and charge certain licensing fees and inspection fees; and
WHEREAS, the Corporate Authorities have determined it is in the best interests of the public
health, safety and welfare and to ensure the efficient operation of government to adopt certain rules and
regulations as well as fees related to the licensing, regulating and inspecting of Cellular Facilities and the
installation and maintenance of same in order to adequately reimburse the Village for the financial burden
of licensing, regulating and inspecting Cellular Facilities; and
WHEREAS, in light of the foregoing, the Corporate Authorities have determined it is necessary,
advisable, and in the best interests of the Village and its residents to amend the Municipal Code of the
Village of Morton Grove, Illinois as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The purpose of this ordinance is to amend the Municipal Code of the Village of
Morton Grove to establish certain rules and regulations as well as fees related to the licensing, regulating
and inspecting of cellular facilities and the installation and maintenance of same in order to adequately
reimburse the Village for the financial burden of licensing, regulating and inspecting cellular facilities and
to authorize the President and other Village officials to take all action necessary to carry out the intent of
this Ordinance.
SECTION 3: Title 7, Chapter 11 entitled "Small Cell Antennas, Personal Wireless
Telecommunication Facilities" of the Municipal Code is hereby added as follows:
TITLE 7
PUBLIC PROPERTIES AND UTILITIES
CHAPTER 11
SMALL CELL ANTENNAS, PERSONAL WIRELESS TELECOMMUNICATION FACILITIES
SECTION:
7-11-1: Title
7-11-2: Definitions
7-11-3: Permitted Placement; Application and Fees for Personal Wireless Service in the
Right -of -Way
7-11-1: TITLE: This chapter shall be known as the Village of Morton Grove "Small Cell
Antennas, Personal Wireless Telecommunication Facilities".
7-11-2: DEFINITIONS: For the purpose of this chapter, whenever any of the following words,
terms, or descriptions are used herein, they shall have the meaning ascribed to them in this section:
ALTERNATIVE An existing pole or other structure within the public rights-of-way that
ANTENNA can be used to support an antenna and is not a utility pole or a Village
STRUCTURE owned infrastructure.
ANTENNA
APPLICANT
COLLOCATE OR
COLLOCATION
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
Any person or entity submitting an application to install Personal Wireless
Telecommunication Facilities or structures to support the facilities within
a public right-of-way.
To install, mount, maintain, modify, operate, or replace wireless facilities
on or adjacent to a wireless support structure or utility pole.
DISTRIBUTED ANTENNA A network or facility to which all the following apply: (1) distributes
radio frequency signals to provide Wireless Service; (2) it meets the size
limitations of a Small Cell Facility; and (3) it consists of all the following:
(a) remote antenna nodes deployed throughout a desired coverage area; (b)
a high-capacity signal transport medium connected to a central hub site; and
(c) equipment located at the hub site to process or control the radio
frequency signals through the antennas.
FACILITY
All structures, devices, objects and materials (including, but not limited to,
track and rails, wires, ducts, fiber optic cable antennas, Distributed Antenna
Systems, Small Cell Facilities, vaults, boxes, equipment enclosures,
cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and
HISTORIC DISTRICT OR
HISTORIC LANDMARK
LANDSCAPE
SCREENING
MONOPOLE
PERSONAL WIRELESS
TELECOMMUNICATION
ANTENNA
PERSONAL WIRELESS
TELECOMMUNICATION
EQUIPMENT
PERSONAL WIRELESS
TELECOMMUNICATIONS
FACILITY
REPLACE OR
REPLACEMENT
RIGHT-OF-WAY
appurtenances thereto) located on, over, above, along, upon, under, across
or within rights-of-way governed by this Subsection. For purposes of this
Subsection, the term "Facility" shall not include any Facility owned or
operated by the Village, unless otherwise provided herein.
A building, property, or site, or group of buildings, properties, or sites
that are either (i) listed in the National Register of Historic Places or
formally determined eligible for listing by the Keeper of the National
Register, the individual who has been delegated the authority by the federal
agency to list properties and determine their eligibility for the National
Register, in accordance with Section VLD.1.a.i through Section VI.D.1.a.v
of the Nationwide Programmatic Agreement codified at 47 CFR Part 1,
Appendix C; or (ii) designated as a locally landmarked building, property,
site, or historic district by an ordinance adopted by the authority pursuant to
a preservation program that meets the requirements of the Certified Local
Government Program of the Illinois State Historic Preservation Office or
where such certification of the preservation program by the Illinois State
Historic Preservation Office is pending.
The installation at grade of plantings, shrubbery, bushes, or other foliage
intended to screen the base of a Personal Wireless Telecommunication
Facility from public view.
A structure composed of a single spire, pole, or tower designed and used to
support antennas or related equipment and that is not a utility pole, an
alternative antenna structure, or a Village -owned infrastructure.
An antenna that is part of a Personal Wireless Telecommunications Facility.
Equipment, exclusive of an antenna, that is part of a Personal Wireless
Telecommunications Facility
An antenna, equipment, and related improvements used, or designated to
be used to provide wireless transmission of voice, data video streams,
images, or other information including, but not limited to, cellular phone
service, personal communication service, paging and Wi-Fi antenna service.
To substitute a new facility, in its entirety for an existing facility.
Land dedicated or utilized for a street, trail, sidewalk, utility, railroad,
or other similar purpose.
SMALL CELL FACILITY
TOWER
UTILITY POLE
VARIANCE OR
VARIATION
VILLAGE -OWNED
INFRASTRUCTURE
WI -FI ANTENNA
WIRELESS
INFRASTRUCTURE
PROVIDER
A Personal Wireless Telecommunications Facility consisting of an antenna
and related equipment either installed singly or as part of a network to
provide coverage or enhance capacity in a limited defined area. Generally,
these installations are single -service provider installations. Small Cell
Facilities used to provide Wireless Service shall conform to the following
size limitations: (1) each antenna is located inside an enclosure of not more
than six (6) cubic feet in volume or, in the case of an antenna that has
exposed elements, the antenna and all its exposed elements could fit within
an enclosure of not more than six (6) cubic feet in volume; and (2) all other
wireless equipment associated with the Facility is cumulatively not more
than twenty-five (25) cubic feet in volume. The calculation of equipment
volume shall not include electric meters, concealment elements,
telecommunications demarcation boxes, grounding equipment, power
transfer switches, cut-off switches, and vertical cable runs for the
connection of power and other services.
Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas, including self-supporting lattice towers,
guy towers, or monopole towers, and that is not a utility pole, an alternative
antenna structure, or a Village -owned infrastructure. Except as otherwise
provided for by this Chapter, the requirements for a tower and associated
antenna facilities shall be those required in this Chapter.
An upright pole designed and used to support electric cables, telephone
cables, telecommunication cables, cable service cables, which are used to
provide lighting, traffic control, signage or a similar function.
A grant of relief by the Public Works Director or his/her designee.
Infrastructure in public rights-of-way within the boundaries of the Village,
including, but not limited to, streetlights, traffic signals, towers, structures,
or buildings owned, operated or maintained by the Village.
An antenna used to support Wi-Fi broadband Internet access service based
on the IEEE 802.11 standard that typically uses unlicensed spectrum to
enable communication between devices.
Any person authorized to provide telecommunications service in the state
of Illinois that builds or installs wireless communication transmission
equipment, wireless facilities, wireless support structures, or utility poles
and that is not a wireless services provider but is acting as an agent or a
contractor for a wireless services provider for the application submitted
to the Village.
WIRELESS PROVIDER A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES
WIRELESS FACILITY
WIRELESS SERVICE
Any services provided to the general public, including a particular class of
customers, and made available on a nondiscriminatory basis using licensed
or unlicensed spectrum, whether at a fixed location or mobile, provided
using wireless facilities.
Equipment used at a fixed location that enables wireless communications
between used equipment and a communications network, including: (i)
equipment associated with wireless communications; and (ii) radio
transceivers, antennas, coaxial or fiber-optic cable, regular and back-up
power supplies, and comparable equipment, regardless of technological
configuration. Wireless facility shall include small cell facilities but it shall
not include structural improvements on, under or within which the
equipment is located or wireline backhaul facilities, coaxial or fiber optic
cable that is otherwise not immediately adjacent to or directly associated
with an antenna.
Any telecommunications service using licensed or unlicensed wireless
spectrum, whether at a fixed location or mobile, provided using Distributed
Antenna Systems or Small Cell Facilities.
7-11-3: PERMITTED PLACEMENT; APPLICATION AND FEES FOR PERSONAL WIRELESS
SERVICE IN THE RIGHT-OF-WAY:
A. Permitted Placement. Personal Wireless Telecommunication Facilities will be permitted to be
placed in rights-of-way within the jurisdiction of the Village as attachments to existing utility
poles, alternative antenna structures, or Village -owned infrastructure subject to the following
regulations:
1. Number Limitation and Co -Location. The Public Works Director or his/her designee may
regulate the number of Personal Wireless Telecommunication Facilities allowed on each
utility pole or unit of Village -owned infrastructure except that no more than two (2)
Personal Wireless Telecommunication Facilities will be permitted on utility poles or
Alternative Antenna Structure of ninety (90) feet or less. Additionally, no more than three
(3) Personal Wireless Telecommunication Facilities will be permitted on utility poles or
Alternative Antenna Structures in excess of ninety (90) feet and less than one -hundred and
twenty (120) feet. This Chapter does not preclude or prohibit co -location of Personal
Wireless Telecommunication Facilities on towers or monopoles that meet the requirements
as set forth elsewhere in this Section or as required by federal law. In all cases, the
Applicant shall provide the longitude and latitude for the location(s) for which the
Applicant is applying to place the Personal Wireless Teleconununication Facilities
described in this Section.
2. Non -Interference and Compliance with Applicable Codes. Personal Wireless
Telecommunication Facilities operating under a federal license shall not interfere in any
way with any Village -owned or operated equipment or Facilities, including emergency
services or public safety equipment, or any FCC licensed or unlicensed users already
having equipment on the Facility, radio or other equipment at any time and shall not
interfere in any way with FCC licensed or unlicensed users already having equipment on
the Facility, radio or other equipment placed in the rights-of-way. Personal Wireless
Telecommunication Facilities shall comply with all applicable rules and requirements of
the Federal Communications Commission and all applicable electrical codes and all other
applicable codes.
3. Separation and Clearance Requirements. Personal Wireless Telecommunication Facilities
may be attached to a utility pole, alternative antenna structure, monopole, or Village -
owned infrastructure only where such pole, structure, or infrastructure is located no closer
than twenty-five (25) feet from any residential building, excluding garages, and no closer
than three hundred (300) feet from any other Personal Wireless Telecommunication
Facility. These requirements shall not apply to Village -owned equipment or Facilities. A
separation or lesser clearance may be allowed by the Public Works Director or his/her
designee as an administrative variance to this Subsection when the Applicant establishes
that the lesser separation or clearance is necessary to close a significant coverage or
capacity gap in the Applicant's services or to otherwise provide adequate services to
customers, and the proposed antenna or Facility is the least intrusive means to do so within
the rights-of-way.
4. Village -Owned Infrastructure. Personal Wireless Telecommunication Facilities can only
be mounted to Village -owned infrastructure including, but not limited to, streetlights,
traffic signal, towers, or buildings, if authorized by a license or other agreement between
the owner or Applicant and the Village.
5. New Towers. No new monopoles or other towers to support Personal Wireless
Telecommunication Facilities in excess of sixty (60) feet are permitted to be installed on
rights-of-way within the jurisdiction of the Village, unless the Village Board finds, based
on clear and convincing evidence provided by the Applicant, that locating the Personal
Wireless Telecommunication Facilities on the rights-of-way is necessary to close a
significant coverage or capacity gap in the Applicant's services or to otherwise provide
adequate services to customers, and the proposed new monopole or other tower within the
rights-of-way is the least intrusive means to do so.
6. Attachment Limitations. No Personal Wireless Telecommunication Antenna or Facility
within the right-of-way will be attached to a utility pole, alternative antenna structure,
tower, or Village -owned infrastructure unless all of the following conditions are satisfied:
a. Surface Area of Antenna. The Personal Wireless Telecommunication Antenna,
including antenna panels, whip antennas or dish -shaped antennas, cannot have a
surface area of more than seven (7) cubic feet in volume.
b. Above -Ground Personal Wireless Telecommunication Facility Size. The total
combined volume of all above -ground equipment and appurtenances comprising a
Personal Wireless Telecommunication Facility, exclusive of the antenna itself,
cannot exceed thirty-two (32) cubic feet.
e. Personal Wireless Telecommunication Equipment. The operator of a Personal
Wireless Telecommunication Facility must, whenever possible, locate the base of
the equipment or appurtenances at a height of no lower than eight (8) feet above
grade. If the Public Works Director determines the lowest height of equipment
must be lower than 8 feet, then the equipment should be located no closer than 3
feet laterally to the nearest point of a pedestrian or vehicular traveled way. If the
Public Works Director determines the lowest height of the equipment must be
lower than 8 feet and the equipment must be located closer than 3 feet laterally to
the nearest point of a pedestrian or vehicular traveled way, then the equipment shall
be configured in a manner which locates the extents of the equipment to within 6
inches of the existing grade of the ground level for the purpose of avoiding injury
to pedestrians and motorists and damage to personal property.
d. Personal Wireless Telecommunication Services Equipment Mounted at Grade. If
the operator of a Personal Wireless Telecommunication Facility proposes to install
a Facility where equipment or appurtenances are to be installed at grade, screening
must be installed to minimize the visibility of the Facility. Screening must be
installed at least three (3) feet from the equipment installed at -grade and eight (8)
feet from a roadway.
e. Height. The top of the highest point of the antenna cannot extend more than ten
(10) feet above the highest point of the utility pole, alternative antenna support
structure, tower or Village -owned infrastructure. If necessary, the replacement or
new utility pole, alternative support structure or Village -owned infrastructure
located within the public right-of-way may be no more than ten to seventy (10 —
70) feet higher than existing poles adjacent to the replacement or new pole or
structure, or no more than ninety (90) feet in height overall, whichever is less, and
shall be of a similar look and structure of other poles within a five hundred (500)
foot area.
f. Color. A Personal Wireless Telecommunication Facility, including all related
equipment and appurtenances, must be a color that blends with the surroundings of
the pole, structure, tower or infrastructure on which it is mounted and use non -
reflective materials which blend with the materials and colors of the surrounding
area and structures. Any wiring must be covered with an appropriate cover.
Antenna Panel Covering. A Personal Wireless Telecommunication Antenna may
include a radome, cap, or other antenna panel covering or shield, to the extent such
covering would not result in a larger or more noticeable Facility and, if proposed,
such covering must be of a color that blends with the color of the pole, structure,
tower, or infrastructure on which it is mounted.
g.
h. Wiring and Cabling. Wires and cables connecting the antenna to the remainder of
the Facility must be installed in accordance with the electrical code currently in
effect in the Village. No wiring and cabling serving the Facility will be allowed to
J.
interfere with any wiring or cabling installed by a cable television or video service
operator, electric utility or telephone utility.
Grounding. The Personal Wireless Telecommunication Facility must be grounded
in accordance with the requirements of the electrical code currently in effect in the
Village.
Guy Wires. No guy or other support wires will be used in connection with a
Personal Wireless Telecommunication Facility unless the Facility is to be attached
to an existing utility pole, alternative antenna support structure, tower, or Village -
owned infrastructure that incorporated guy wires prior to the date that an Applicant
has applied for a permit.
k. Pole Extensions. Extensions to utility poles, alternative support structures, towers,
and Village -owned infrastructure utilized for the purpose of connecting a Personal
Wireless Telecommunications Antenna and its related personal wireless
telecommunications equipment must have a degree of strength capable of
supporting the antenna and any related appurtenances and cabling and capable of
withstanding wind forces and ice loads in accordance with the applicable structural
integrity standards as set forth in Subsection (1) below. An extension must be
securely bound to the utility pole, alternative antenna structure, tower, or Village -
owned infrastructure in accordance with applicable engineering standards for the
design and attachment of such extensions.
Structural Integrity. The Personal Wireless Telecommunication Facility, including
the antenna, pole extension and all related equipment, must be designed to
withstand a wind force and ice loads in accordance with applicable standards
established in Chapter 25 of the National Electric Safety Code for utility poles,
Rule 250-B and 250-C standards governing wind, ice, and loading forces on utility
poles, in the American National Standards Institute (ANSI) in TIA/EIA Section
222-G established by the Telecommunications Industry Association (TIA) and the
Electronics Industry Association (EIA) for steel wireless support structures, and the
applicable industry standard for other existing structures, which are hereby adopted
for the purpose of this Subsection. For any Facility attached to Village -owned
infrastructure or, in the discretion of the Village, for a utility pole, tower, or
alternative antenna structure, the operator of the Facility must provide the Village
with a structural evaluation of each specific location containing a recommendation
that the proposed installation passes the standards described above. The evaluation
must be prepared by a professional structural engineer licensed in the State of
Illinois.
7. Signage. Other than signs required by federal law or regulations or identification and
location markings, installation of signs on a Personal Wireless Telecommunication Facility
is prohibited.
8. Screening. Screening requirements shall be treated consistently with any Village landscape
requirements with the exception that the fence height which shall be a minimum of six (6)
feet and a maximum of eight (8) feet. Appropriate landscaping must be located and
maintained and must provide the maximum achievable screening, as determined by the
Village, from view of adjoining properties and public or private streets. Landscape
screening when permitted in the right-of-way must be provided with a clearance of three
(3) feet in all directions from the Facility. The color of housing for ground -mounted
equipment must blend with the surroundings. For a covered structure, the maximum
reasonably achievable screening must be provided between such Facility and the view
from adjoining properties and public or private streets. In lieu of the operator installing the
screening, the Village, at its sole discretion, may accept a fee from the operator of the
Facility for the acquisition, installation, or maintenance of landscaping material by the
Village.
9. Permission to Use Utility Pole or Alterative Antenna Structure. The operator of a Personal
Wireless Telecommunication Facility must submit to the Village written copies of the
approval from the owner of a utility pole, monopole, or an alternative antenna structure, to
mount the Personal Wireless Telecommunication Facility on that specific pole, tower, or
structure, prior to issuance of the Village permit.
10. Licenses and Permits. The operator of a Personal Wireless Telecommunication Facility
must verify to the Village that it has received all concurrent licenses and permits required
by other agencies and governments with jurisdiction over the design, construction, location
and operation of said Facility have been obtained and will be maintained within the
corporate limits of the Village.
11. Variance Requirements. Each location of a Personal Wireless Telecommunication Facility
within a right-of-way must meet all of the requirements of this Subsection unless a
variance has been obtained. An Applicant requesting a variance from one or more of the
provisions of this Subsection must do so in writing to the Public Works Director as a part
of the permit application. The request shall identify each provision of this Section from
which a variance is requested and the reasons why a variance should be granted.
a. Public Works Director shall decide, on an individual basis, whether a variance is
authorized for each provision of this Subsection identified in the variance request.
The Public Works Director may authorize a variance only if the Applicant
requesting the variance has demonstrated that:
One or more conditions not under the control of the Applicant (such as
terrain features or an irregular right-of-way line) create a special hardship
that would make enforcement of the provision unreasonable, given the
public purposes to be achieved by the provision; and
ii. All other designs, methods, materials, locations, or Facilities that would
conform with the provision from which a variance is requested are
impracticable in relation to the requested approach.
b. As a condition for authorizing a variance, the Public Works Director may require
the Applicant requesting the variance to meet reasonable standards and conditions
that may or may not be expressly contained within this Subsection, but which carry
out the purposes of this Subsection.
c. Any Applicant aggrieved by any order, requirement, decision or determination,
including the denial of a variance, made by the Public Works Director under the
provisions of this Subsection, shall have the right to appeal to the Village Board, or
such other board or commission as may be designated by the Village Board. The
application for appeal shall be submitted in writing to the Village Clerk within
thirty (30) calendar days after the date of such order, requirement, decision, or
determination. The Village Board shall commence its consideration of the appeal at
the Village Board's next regularly scheduled meeting occurring at least seven (7)
calendar days after the filing of the appeal. The Village Board shall timely decide
the appeal.
12. Abandonment and Removal. Any Personal Wireless Telecommunication Facility located
within the corporate limits of the Village that is not operated for a continuous period of
twelve (12) months, shall be considered abandoned and the owner of the Facility must
remove same within ninety (90) calendar days of receipt of written notice from the Village
notifying the owner of such abandonment. Such notice shall be sent by certified or
registered mail, return -receipt -requested, by the Village to such owner at the last known
address of such owner. In the case of Personal Wireless Telecommunication Facilities
attached to Village owned infrastructure, if such Facility is not removed within ninety (90)
calendar days of such notice, the Village may remove or cause the removal of such Facility
through the terms of the applicable franchise, license or similar agreement or through
whatever actions are provided by law for removal and cost recovery.
13. Reimbursements for Costs. The Applicant or telecommunications retailer shall be solely
responsible for any and all costs incurred by the Village associated with the installation,
repair, replacement, or removal of the Applicant's or telecommunications provider's
equipment. The costs shall include but are not limited to impact fees for street closures;
costs related to traffic enforcement at the site where the installation, repair, replacement, or
removal has occurred; and any costs related to returning the right-of-way to its original
state prior to the installation, repair, replacement, or removal of the Applicant's or
telecommunications provider's equipment.
B. Application and Annual Fees.
1. Supplemental Application Requirements. The following requirements supplement the
permit application requirements prescribed in Chapter 9 Section 4 of this title.
a. The application shall be made by the utility or its duly authorized representative
and shall contain a unique identification number established by the applicant. This
identification number is necessary to provide continuity among any and all permit
applications associated with a single installation. The identification number must
appear on the cover sheet of each individual plan set and permit application
associated with a Personal Wireless Telecommunications Facility.
b. A complete application shall include plans for electrical supply, backhaul wireline
facilities, erosion and sediment control, pavement or parkway restoration, with the
unique identification number established by the Applicant, the type of facility to be
included in the network improvements, the company's network improvement
reference identifier to be used in correspondence, and a target or submittal date of
the permit application for the network improvements. Incomplete applications will
be returned to the Applicant without technical review.
c. Evidence that any "Certificate of Public Convenience and Necessity" or other
regulatory authorization that the Applicant is required by law to obtain, or that the
Applicant has elected to obtain, has been issued by the ICC or another entity with
jurisdictional authority.
2. Reimbursable Fees. Unless otherwise provided by the applicable franchise, license, or
similar agreement, all applications for permits pursuant to this Subsection shall be
accompanied by a fee as reasonably determined by the Village each year. The Applicant
shall also reimburse the Village for any fees charged to the Village for professional
services (engineering fees, legal fees, site review fees, etc.) related to the processing of the
applications. The application fees are intended to reimburse the Village for its internal
administrative costs related to processing the applications made under this Subsection.
3. Electricity Infrastructure Maintenance Application Fee. No application fee is required to
be paid by any electricity utility that is paying the municipal electricity infrastructure
maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Law (35 ILCS
645/15, et seq.). However, such Applicants shall remain responsible for reimbursing the
Village for the cost of its professional services employed in reviewing the application.
4. Application Fees. For the installation of a Distributed Antenna System or Small Cell
Facility, a telecommunications retailer shall pay the following application fees:
a. Two thousand dollars ($2,000.00) for a new Facility.
b. Two thousand dollars ($2,000.00) for the attachment to and, if applicable,
replacement of a Village -owned Facility.
c. One thousand five hundred dollars ($1,500.00) for the attachment to a utility -
owned Facility.
5. Annual License Fee. A telecommunications retailer that obtained a permit and installed a
Distributed Antenna System or a Small Cell Facility within the Village's jurisdiction shall
pay the following annual license fees:
a. Three thousand six hundred dollars ($3,600.00) for a new Facility.
b. Three thousand six hundred dollars ($3,600.00) per attachment to and, if
c. One thousand five hundred dollars ($1,500.00) per attachment to a utility -owned
facility.
The Village shall invoice the telecommunications retailer for such annual fee(s) due on or
about January 1 of each year, and the telecommunications retailer shall pay such invoice
within thirty (30) calendar days after its receipt thereof.
C. Conflict of Laws.
Where the conditions imposed by any provisions of this Subsection regarding the siting and
installation of Personal Wireless Telecommunication Facilities are more restrictive than •
comparable conditions imposed elsewhere in any other local law, ordinance, resolution, rule or
regulation, the regulations of this Subsection will govern; however, where this Subsection
conflicts with federal laws or state laws pre-empting the Village home rule powers, the federal or
State laws will govern.
D. The Village Administrator, or his/ her designee, may promulgate such further or additional
regulations concerning the administration and enforcement of this chapter, consistent with its
provisions, as may be required from time to time and shall notify all telecommunications retailers
that are registered pursuant to this chapter of such regulations.
SECTION 4: The officers, employees and/or agents of the Village shall take all action necessary
or reasonably required to carry out, give effect to and consummate the amendments contemplated by this
Ordinance and shall take all action necessary in conformity therewith. The officers, employees and/or
agents of the Village are specifically authorized and directed to draft and disseminate any and all
necessary forms to be utilized regarding this amendment.
SECTION 5: The headings of the articles, sections, paragraphs and subparagraphs of this
Ordinance are inserted solely for the convenience of reference and form no substantive part of this
Ordinance nor should they be used in any interpretation or construction of any substantive provision of
this Ordinance.
SECTION 6: The provisions of this Ordinance are hereby declared to be severable and should any
provision of this Ordinance be determined to be in conflict with any law, statute or regulation by a court
of competent jurisdiction, said provision shall be excluded and deemed inoperative, unenforceable and as
though not provided for herein and all other provisions shall remain unaffected, unimpaired, valid and in
full force and effect.
SECTION 7: All code provisions, ordinances, resolutions, rules and orders, or parts thereof, in
conflict herewith are, to the extent of such conflict, hereby superseded.
SECTION 8: A full, true and complete copy of this Ordinance shall be published in pamphlet
form or in a newspaper published and of general circulation within the Village of Morton Grove as
provided by the Illinois Municipal Code, as amended.
SECTION 9: This Ordinance shall be effective ten (10) calendar days after its passage and
approval in accordance with Illinois law.
PASSED THIS 23rd DAY OF JULY 2018
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS 23rd DAY OF JULY 2018
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 24th DAY OF JULY 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 18-43
AUTHORIZATION TO EXECUTE A CONTRACT WITH HAYES MECHANICAL
FOR THE MAINTENANCE OF HEATING AND AIR CONDITIONING EQUIPMENT
Introduced:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
July 23, 2018
To extend the current contract for the maintenance of HVAC equipment at various
Village owed buildings in order to ensure the efficient operation of heating and
cooling equipment in all Village owned buildings.
Hayes Mechanical has been the Village's HVAC service provider since July 1, 2011.
The Village Hall/Police Station boiler is now 64 years old. Additionally, the
condensing units and pneumatic systems are approaching 40 years old and
replacement parts are difficult to obtain. Hayes Mechanical has developed an
expertise for this equipment not readily available in the marketplace and can usually
diagnose and repair the equipment in an expedited and efficient manner. The current
contract between Hayes Mechanical and the Village will expire on August 31, 2018.
The Village Administrator has deemed Hayes Mechanical to be a Sole Source Vender
pursuant to Title 1-9A-4 of the Village Code and has asked that its contract be
extended for one year without undertaking a competitive bidding process. Hayes
Mechanical is willing to extend the current contract with only a slight increase in the
hourly wages of its technicians due to wage increases granted in its collective
bargaining agreements.
All Village Departments.
$23,748.00 for the base contract (Same contract price since 2015).
$127.00 hourly rate for service outside of the maintenance agreement. $3.00 an hour
more than 2017 due to union wage increase.
General Fund Account # 028024-554130
The implementation of this service is done as part of the normal operations of the
Public Works and Finance Departments.
Admin Recommend: Approval as presented.
Second Reading: Not required.
Special Consideration: Approval as a Sole Source Vendor
Respectfully submitted:
R - F/
Ralph zerwinski, Village
Prepared by: f eC.K
•
,, a
ministrator
Bill Burns, Maintenance Supervisor
iewed by: 1 1
oseph J. Da ,Direc r of Public Works
Reviewed by:Ai y
Teresa Ho i an
f.
ston, Corporation counsel
RESOLUTION 18-43
AUTHORIZATION TO EXTEND A CONTRACT WITH HAYES MECHANICAL
FOR MAINTENACE OF HEATING AND AIR CONDITIONING EQUIPMENT
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, on July 1, 2011 the Village entered into a contractual agreement for the
maintenance of all Village owned heating and air conditioning equipment with Hayes Mechanical of
Chicago Illinois; and
WHEREAS, the contract with Hayes Mechanical will expire on August 31, 2018; and
WHEREAS, Hayes Mechanical is willing to extend the contract for an additional term of one (1)
year, ending on August 31, 2019, with the same base contract price since 2015 of $23,748.00 for planned
maintenance and a $3.00 per hour increase in the hourly rate for services outside of the maintenance
agreement; and
WHEREAS, the Village of Morton Grove is satisfied with the quality of work performed by
Hayes Mechanical whose technicians have become uniquely familiar with the challenges inherent in
servicing the Village's equipment, much of which is obsolete due to its age. The Village Hall/Police
Station boiler is now 64 years old. Additionally, the condensing units and pneumatic systems are
approaching 40 years old and replacement parts are difficult to obtain; and
WHEREAS, the Village Administrator deems Hayes Mechanical to be a Sole Source Vender
pursuant to Title 1 Chapter 9A Section 4.B.1 of the Village Code which provides an exception to the
Village's competitive bidding procedures for venders who provide a unique service not reasonably
available in a competitive market; and
WHEREAS, it is in the best interest of the Village of Morton Grove to extend the contract for an
additional year with Hayes Mechanical at the contract price of $23,748.00.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, AND ILLINOIS AS
FOLLOWS:
Section L The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set
forth.
Section 2. Only those companies listed and described on this Resolution for the maintenance of
heating and air conditioning equipment be approved.
Section 3. The Village Administrator of the Village of Morton Grove is hereby authorized to
execute a contract with Hayes Mechanical, 5959 South Harlem Ave., Chicago Illinois 60638.
Section 4. This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 23rd day of July 2018
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Travis
Trustee Thill
Trustee Witko
APPROVED by me this 23rd day of July 2018.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 24th day of July 2018.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 18-13
AMENDING TITLE 4, CHAPTER 9 TO BE ENTITLED "GARAGE SALES"
OF THE MUNICIPAL CODE
Introduced:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations•
Respectfu
Prepared by:
itted:
July 23, 2018
To update the Municipal Code to provide relevant regulations regarding
residential garage sales.
This Ordinance will update the Village's Garage Sale regulations set forth
in Title 4, Chapter 9 to:
o Define a Garage Sale as the sale of used clothing, household goods,
wares, and merchandise owned by a person holding a Village -issued
garage sale permit and conducted on a premise zoned and used for
residential purposes, and owned or rented by at least one of the persons
holding a Village -issued garage sale permit;
o Continue the limit on the number of garage sales to two sales per
household per year;
o Allow two or more households to conduct combined sales which will
only count against the annual two -sale limit for the address where the
sale is being conducted; and
o Limit signage and promotional items for garage sales to Village -issued
signs, which will include the address, permit number, and date of sale.
Administration and Finance Departments
Minimal
General Fund
The Finance and Administrative Departments will institute and instruct its
employees and officials regarding this new policy as part of their normal
work day.
Approval as presented.
Staff is requesting the second reading be waived.
ge Administrator
Reviewed by: ✓ -,42
Teresa •ffr . iston, Corporation Counsel Hanna Sullivan, Finance Director
ORDINANCE 18-13
AMENDING TITLE 4, CHAPTER 9, TO BE ENTITLED "GARAGE SALES"
OF THE MUNICIPAL CODE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs, including
but not limited to the power to tax and incur debt; and
WHEREAS, the Village is continually in the process of reviewing and, as necessary, updating
existing Municipal Ordinances; and
WHEREAS, the Village Administrator has reviewed Title 4, Chapter 9, Entitled "Garage and
Yard Sales" and has recommended this Chapter be revised to:
• Define a Garage Sale as the sale of used clothing, household goods, wares, and merchandise
owned by a person holding a Village -issued garage sale permit and conducted on a premise
zoned and used for residential purposes, and owned or rented by at least one of the persons
holding a Village -issued garage sale permit;
• Continue the limit on the number of garage sales to two sales per household per year;
• Allow two or more households to conduct combined sales which will only count against the
annual two -sale limit for the address where the sale is being conducted; and
• Limit signage and promotional items for garage sales to Village -issued signs which will
include the address, permit number, and date of sale;
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: Title 4, Chapter 9, of the Municipal Code of the Village of Morton Grove is
hereby amended by repealing the current 4-9 in its entirety and replacing it with a new Title 4, Chapter 9
to be entitled, "Garage Sales" which shall read as follows:
CHAPTER 9
GARAGE SALES
SECTION:
4-9-1: Permit Procedures
4-9-2: Sign Regulations
4-9-1: PERMIT PROCEDURE:
A. Requirement: It shall be unlawful for any person to conduct or allow the conducting of a garage
sale on his/her property without having applied for and received from the Office of the Finance
Director/Treasurer a Garage Sale Permit.
B. Definition: For purposes of this Chapter a "Garage Sale" means a sale of used clothing,
household goods, wares, and merchandise owned by a permitee and conducted on a premise
zoned and used for residential purposes, and owned or rented by at least one permitee.
C. Limit on Permits: No more than two (2) garage sale permits shall be issued for any residential
premise in any calendar year.
D. Combined Sales: Any two (2) or more residents of the Village may jointly apply for a permit to
conduct a garage sale, in which case the sale of used clothing and used household goods, wares,
and merchandise owned by each permitee may be sold at such garage sale. The combined permit
will be counted against the owner of the premise where the sale is conducted.
E. Dates and Times: Garage sales may only be conducted between the hours of nine o'clock (9:00)
AM and eight o'clock (8:00) PM on Thursday, Friday, Saturday and Sunday.
F. Procedure Modification: The Village Administrator has the ability to modify Garage Sale Permit
Procedures based on community needs.
4-9-2: SIGN REGULATIONS:
A. Only Village of Morton Grove issued garage sale signs may be used to advertise a garage sale in
the Village. Each sign must have a current Village issued garage sale permit for the sale to be
conducted affixed to it. At least one sign with the affixed permit must be prominently displayed
on the premise for which the permit has been issued so it is easily visible to persons passing by
the premises.
B. All non -Village issued signs and items used to draw attention to the sale, including, but not
limited to banners, streamers, and loudspeakers, are hereby prohibited.
C. No more than five (5) Village issued garage sale signs may be displayed for any one sale.
D. Signs may be displayed only on the date(s) listed on the permit and shall be removed before 9:00
p.m. on the day the garage sale ends.
E. Garage sale signs shall not be allowed within the public road right-of-way. Garage sale signs
shall not be attached to any fence, post, wall, tree, pole, or upon any other structure in any street,
highway, alley, or public place in the Village. Property owner permission is required prior to
placement upon private property.
SECTION 3: The terms and conditions of this ordinance shall be severable and if any section,
term, provision, or condition is found to be invalid or unenforceable by any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full
force and effect.
SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any
statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling
and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict.
Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village
Code are hereby restated, readopted, and shall remain in full force and effect.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form according to law.
PASSED this 23" day of July 2018.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 23" day of July 2018.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
this 24th day of July 2018.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 18-44
APPROVING AN AMENDED MUTUAL AID AGREEMENT AND PLAN
FOR THE NORTHERN ILLINOIS POLICE ALARM SYSTEM
Introduction:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations pr'
Requirements:
Respectfully submitted:
Prepared by: «
July 23, 2017
To approve and accept the execution of the Northern Illinois Police Alarm
System's (NIPAS) Amended Mutual Aid Agreement and Plan which will
provide mutual aid among participating law enforcement agencies in the event of
natural or manmade occurrences which are outside the ability of an individual
law enforcement agency to manage and respond to effectively in terms of
manpower and equipment resources at any given moment. This will allow for the
expansion of NIPAS membership to include non -municipal law enforcement
agencies such as Colleges and Universities located within the NIPAS service
area. The Agreement and Plan simplifies and clarifies procedures for entities
wishing to terminate participation in NIPAS. Additionally, it will reduce
NIPAS's risk of liability by incorporating "best practice" language designed to
aid in defending in the event of legal challenges.
The Morton Grove Police Department has been a participating agency with
NIPAS since its inception in 1983. NIPAS has since expanded to over 100
agencies which has led to necessary modifications to its current Agreement
which has not been modified since 1983.
Police Department
None
N/A
The implementation of this Agreement and Plan will be done by the Police
Department as part of their normal work activities.
Approval as presented.
None required.
R
eviewed by:
dministrator Teresa Hoffman Li • on orporation Counsel
Michael Simo, Chief Police
RESOLUTION 18-44
APPROVING AN AMENDED MUTUAL AID AGREEMENT AND PLAN
FOR THE NORTHERN ILLINOIS POLICE ALARM SYSTEM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of goverment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes units of local
government to contract or otherwise associate among themselves in any manner not prohibited by law or
ordinance; and
WHEREAS, the Northern Illinois Police Alarm System (NIPAS) is an intergovernmental
organization established via an intergovernmental service and mutual aid agreement (NIPAS
Agreement) entered into by law enforcement agencies serving the northern Illinois and Chicagoland
region (Participating Agencies); and
WHEREAS, through the NIPAS Agreement, the Participating Agencies have agreed to provide
one another with mutual aid in the event of an emergency situation within the primary law enforcement
jurisdiction of a Participating Agency that threatens or causes loss of life and property and exceeds the
stand-alone physical and organizational capabilities of that Participating Agency; and
WHEREAS, on September 12, 1983, the Village Board of Trustees of the Village of Morton
Grove adopted Ordinance 83-16 approving the NIPAS Agreement whereby the Village's Police
Department became a Participating Agency in NIPAS subject to the terms and conditions of the NIPAS
Agreement; and
WHEREAS, as NIPAS has now expanded to over 100 Participating Agencies, the needs of
NIPAS have evolved and grown in complexity beyond the constraints of the NIPAS Agreement as it is
currently constituted; and
WHEREAS, in order to adequately continue to meet those needs and serve its growing number
of Participating Agencies, NIPAS has requested its Participating Agencies to amend the NIPAS
Agreement by entering into an amended NIPAS Agreement (Amended NIPAS Agreement and Plan);
and
WHEREAS, the Village Board has determined it is in the best interests of the Village and its
residents to enter into the Amended NIPAS Agreement and Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The Village Board hereby approves the Amended NIPAS Agreement and Plan in
substantial conformity to the document attached to this resolution as Exhibit "A".
SECTION 3: The Village Board hereby authorizes and directs the Village President and Chief
of Police to Execute and the Village Clerk to attest to the Amended NIPAS Agreement and Plan
approved in Section 2 of this resolution.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 23rd DAY OF JULY 2018
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS 24th DAY OF JULY 2018
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 24th DAY OF JULY 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
AMENDED NIPAS AGREEMENT AND PLAN
I► �
NORTi l 500BQgNIIIJNoiS Pf.iiE0 M
Northern Illinois Police Alarm System
Amended Mutual Aid Agreement and Plan
The undersigned Participating Law Enforcement
Agencies agree pursuant to the Constitution of the
State of Illinois, 1970, Article VII, Section 10, the Inter-
governmental Cooperation Act (5 'LOS 220/1 et seq.),
65 ILCS 5/1-4-6, 65 ILCS 5/11-1-2.1, and 745 ILCS
10/7-101 et seq., as follows:
Section 1
Purpose of Amended
Mutual Aid Agreement and Plan
This Amended Mutual Aid Agreement and Plan is
made in recognition of the fact that natural occur-
rences, or man-made occurrences, may result in
situations which are beyond the ability of individual
law enforcement agencies to manage and respond to
effectively in terms of manpower and equipment re-
sources on hand at a given time. Each Participating
Agency has and does express its intent to assist other
Participating Agencies by assigning some of its man-
power and equipment resources to a Stricken Agency
as resources and situations allow. The specific intent
of this Amended Mutual Aid Agreement and Plan is to
permit each Participating Agency to more fully safe-
guard the lives, persons, and property of all citizens
within its respective Primary Law Enforcement Juris-
diction.
Section 2
Definitions
For the purpose of this Amended Mutual Aid Agree-
ment and Plan, the following terms are defined as
follows:
Aiding Agency: A Participating Agency furnishing po-
lice equipment and manpower to a Stricken Agency.
Amended Mutual Aid Agreement and Plan: An
amended Mutual Aid Agreement Plan which shall
go into effect and supersede the Original Mutual Aid
Agreement and Plan pursuant to the procedures set
forth in Section 5 of this Amended Mutual Aid Agree-
ment and Plan.
Amended N/PAS Bylaws: Amended NIPAS Bylaws,
which shall go into effect and supersede the NIPAS
Bylaws upon their adoption, pursuant to Article XV,
Page 1
Section 1 of the NIPAS Bylaws, by a majority of the
Original Participating Agencies present at the special
meeting of Original Participating Agencies called, pur-
suant to Article XI, Section 4 of the NIPAS Bylaws, at
least 60 days after the last of the following two events
to occur: (i) the passage and approval of an ordinance
or resolution approving participation in NIPAS and
the Amended Mutual Aid Agreement and Plan, in the
manner provided by law, by the corporate authorities
of at least three-fourths of the Participating Agencies;
and (ii) the execution of this Amended Mutual Aid
Agreement and Plan by the heads of the corporate
authorities and the commanding officers of at least
three-fourths of the Original Participating Agencies.
Emergency Situation: A situation occurring within a
Stricken Jurisdiction that requires the Stricken Agen-
cy to perform Law Enforcement Services that would
exceed the stand-alone physical and organizational
capabilities of the Stricken Agency.
Law Enforcement Services: The serving and protect-
ing of the lives, persons, and property of all citizens
within a Primary Law Enforcement Jurisdiction, includ-
ing, without limitation, the investigation of all crimes
occurring or alleged or suspected to have occurred
within its Primary Law Enforcement Jurisdiction.
Mutual Aid: Response and assistance by the Aiding
Agencies in the event of an Emergency Situation.
Mutual Aid Agreement and Plan: A definite and pre-
arranged written agreement and plan whereby the
provision of Mutual Aid is agreed upon in accordance
with the Police Alarm Assignments as developed by
the commanding officers of the Participating Agen-
cies.
NIPAS Bylaws: Those bylaws establishing the NIPAS
Board, as required pursuant to Section 3.G of the
Original Mutual Aid Agreement and Plan, and the
rules by which the NIPAS Board shall operate adopted
by the Participating Agencies on March 23, 1988, and
subsequently amended by the Participating Agencies
on March 21, 1991, April 17, 1992, May 11, 1994, May
20, 1998, and May 20, 2009.
NIPAS Board: The Board of Officers of NIPAS, the
governing board of NIPAS, established pursuant to
Section 3.G of the Original Mutual Aid Agreement and
Plan.
Northern Illinois Police Alarm System (NIPAS): An
organization of Northern Illinois law enforcement
agencies participating in the Original Mutual Aid
Agreement and Plan and this Amended Mutual Aid
Agreement and Plan.
Original Mutual Aid Agreement and Plan: That Mu-
tual Aid Agreement and Plan pursuant to which NI -
PAS and the Participating Agencies operate and are
governed, which shall be in effect until the Amended
Mutual Aid Agreement and Plan goes into effect and
supersedes the Original Mutual Aid Agreement and
Plan pursuant to the procedures set forth in Section
5 of this Amended Mutual Aid Agreement and Plan.
Original Participating Agencies: Those Participating
Agencies whose corporate authorities had approved
participation in NIPAS and whose head of corporate
authorities and commanding officers had executed
the Original Mutual Aid Agreement and Plan prior to
May 1,2018.
Participating Agency: A law enforcement agency ded-
icated to performing Law Enforcement Services for its
Primary Law Enforcement Jurisdiction that commits
itself to participate in NIPAS pursuant to the terms of
this Amended Mutual Aid Agreement and Plan.
Police Alarm Assignments: A pre -determined listing
of manpower and equipment that will respond to aid
a Stricken Agency.
Primary Law Enforcement Jurisdiction: A geographi-
cally, politically, or contractually defined area for which
a Participating Agency is primarily responsible for per-
forming Law Enforcement Services.
Specialized Teams: A subsidiary team of NIPAS es-
tablished by the NIPAS Board, consisting of Partici-
pating Agencies electing to participate pursuant to a
separate agreement, and dedicated to performing a
specialized set of Law Enforcement Services for the
sole benefit of the Participating Agencies electing to
participate in the Specialized Team and not for the
benefit of all of NIPAS or all of the Participating Agen-
cies.
Stricken Agency: The Participating Agency that is pri-
marily responsible for performing Law Enforcement
Services for a Stricken Jurisdiction.
Stricken Jurisdiction: The Primary Law Enforcement
Jurisdiction in which an Emergency Situation occurs
that is of such magnitude that it cannot be adequately
managed or responded to by the Participating Agen-
cy primarily responsible for performing the Law En-
forcement Services for that Primary Law Enforcement
Jurisdiction.
Section 3
Amended Mutual Aid Agreement and Plan
The corporate authorities of each Participating Agen-
cy are authorized on behalf of that Participating Agen-
cy to enter into and subsequently alter and amend, on
the advice of the commanding officer of the Partici-
pating Agency, this Amended Mutual Aid Agreement
and Plan as follows:
A. Whenever an Emergency Situation is of such
magnitude and consequence that it is deemed
advisable by the senior officer present of the
Stricken Agency, or his or her designee, to re-
quest Mutual Aid from the Aiding Agencies, the
senior officer present of the Stricken Agency, or
his or her designee, may do so in accordance
with the following:
1. Immediately determine what resources are
required according to the Police Alarm As-
signments.
2. Immediately determine if the required equip-
ment and personnel can be committed in
response to the request from the Stricken
Agency.
3. Dispatch immediately the personnel and
equipment required to the Stricken Agency
in accordance with the Police Alarm Assign-
ments.
B. The rendering of Mutual Aid under the terms of
this Amended Mutual Aid Agreement and Plan
shall not be mandatory in accordance with the
Police Alarm Assignments if local conditions pro-
hibit response. In that event it is the responsi-
bility of the Aiding Agency to immediately notify
the Stricken Agency of the circumstances that
prevent the provision of Mutual Aid in response to
the Emergency Situation.
C. The senior officer present of the Stricken Agency,
or his or her designee, shall assume full respon-
sibility and command for operations at the scene.
The senior officer present of the Stricken Agency,
or his or her designee, will assign personnel and
equipment, of the Aiding Agencies, to positions
when and where he or she deems necessary.
D. Requests for Mutual Aid under this Amended Mu-
tual Aid Agreement and Plan will be initiated only
in the event of an Emergency Situation in which
the demands for Law Enforcement Services on
the Stricken Agency exceed the stand-alone
physical and organizational capabilities of the
Stricken Agency. Aiding Agencies will be released
and returned to duty in their own Primary Law En-
forcement Jurisdiction as soon as the Emergency
Situation is resolved to the point which permits
the Stricken Agency to satisfactorily handle it with
its own resources or, as pursuant to subsection B
above, when an Aiding Agency so decides.
E.
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All Law Enforcement Services performed under
this Amended Mutual Aid Agreement and Plan
shall be rendered without reimbursement of any
party from the other(s). Requests for indemnifi-
cation for unusual or burdensome costs incurred
in the performance of Mutual Aid may be submit-
ted by the Aiding Agency to the Stricken Agency.
Indemnification of such costs shall be at the dis-
cretion of the corporate authorities of the Stricken
Agency.
F. Each Participating Agency assumes the respon-
sibility for members of its police force acting pur-
suant to this Amended Mutual Aid Agreement and
Plan, both as to indemnification of said members
of the Participating Agency's police force as pro-
vided for by 65 ILCS 5/1-4-6 in the case of munic-
ipal Participating Agencies or 55 ILCS 5/5-1002
in the case of county Participating Agencies, or
any other Statute of the State of Illinois or law or
bylaw of the Participating Agencies, as the case
may be, and as to personal benefits to said mem-
bers of the Participating Agency's police force,
all to the same extent as they are protected, in-
sured, indemnified and otherwise provided for by
the Statutes of the State of Illinois or the laws or
bylaws of the Participating Agencies when those
members of the Primary Agency's police force are
acting solely within the Participating Agency's Pri-
mary Law Enforcement Jurisdiction.
G. Defense and Indemnification of NIPAS.
1. Defense. In the event that NIPAS is named
as a party to a lawsuit, claim or action as a
separate party, either individually or in ad-
dition to other Participating Agencies, the
Stricken Agency shall be responsible, at its
sole cost, for the defense of NIPAS in such
lawsuit, claim or action.
2. Indemnification. To the extent permitted by
law, the indemnification of NIPAS from and
against any liability, damage, cost, includ-
ing plaintiff's attorney's fees, or expense as-
sessed against NIPAS shall be shared equal-
ly between each Participating Agency named
as a party to the lawsuit, claim or action.
H. Insurance Requirements. Each Participating
Agency under the terms of this Amended Mutual
Aid Agreement and Plan shall procure and main-
tain, at its sole and exclusive expense, insurance
coverage which covers itself, its personnel and
equipment and liability for its participation in pro-
viding Mutual Aid pursuant to this Amended Mu-
tual Aid Agreement and Plan as follows:
1. Commercial General Liability (Including con-
tractual liability coverage): $1,000,000 com-
bined single limit per occurrence for bodily
injury, and property damage and $1,000,000
per occurrence for personal injury. The gen-
eral aggregate shall be twice the required oc-
currence limit. Minimum General Aggregate
Page 3
shall be no Tess than $2,000,000 or a project/
contract specific aggregate of $1,000,000.
2. Business Automobile Liability: $1,000,000
combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers' Lia-
bility: Workers' Compensation coverage with
statutory limits and Employers' Liability limits
of $500,000 per accident.
4. Each Agency shall bear the responsibility for
its own insurance even in the event of inade-
quate, nonexistent or exhausted coverage.
I. The commanding officers of the Participating
Agencies shall maintain a governing board, the
NIPAS Board, and establish an operational plan
for giving and receiving Mutual Aid under this
Amended Mutual Aid Agreement and Plan. Said
plan shall be reviewed, updated and tested at reg-
ular intervals.
J. Each Participating Agency agrees to pay dues
or fees, as determined by the NIPAS Board in
its sole and absolute discretion, in exchange for
the Participating Agency's participation in NIPAS.
Payments of such dues or fees, if any, are due at
the commencement of participation in NIPAS and
thereafter upon request from the NIPAS Board.
K. The NIPAS Board, from time to time as it sees
fit, may establish Specialized Teams within NIP -
AS dedicated to performing specialized sets of
Law Enforcement Services for the sole benefit of
those Participating Agencies who elect to partici-
pate in each Specialized Team and may set forth
the scope of services or mission, participation
criteria, rules and regulations, and additional fees
or dues for each Specialized Team at its discre-
tion (collectively, "Additional Requirements").
Participating Agencies may elect to participate
in these Specialized Teams in accordance with
the Additional Requirements for each Specialized
Team, as set forth by the NIPAS Board. The spe-
cialized benefits and additional Mutual Aid offered
by each Specialized Team shall be available only
to those Participating Agencies which have elect-
ed to: (1) participate in that particular Specialized
Team; and (Ii) comply with the Additional Require-
ments of that particular Specialized Team, as set
forth by the NIPAS Board. Approval and Execution
of this Amended Mutual Aid Agreement and Plan
by the undersigned law enforcement agency only
grant the undersigned law enforcement agency
participation in NIPAS as a whole and access to
the Mutual Aid from other Participating Agencies
in the event of an Emergency Situation, as those
terms are defined in Section 2 and pursuant to
the terms set forth in this Amended Mutual Aid
Agreement and Plan, and do not grant or guaran-
tee to the undersigned law enforcement agency
participation in a Specialized Team or access to
the specialized benefits and additional Mutual Aid
offered by each Specialized Team.
Section 4
Termination
A. Any Participating Agency may withdraw from
participation in NIPAS and this Amended Mutual
Aid Agreement and Plan by notifying the NIPAS
Board in writing ("Termination Notice"), on or
before December 31 of any calendar year, where-
upon the participation of the withdrawing Partic-
ipating Agency will terminate effective as of May
1 of the calendar year following the calendar year
in which the Termination Notice is received by the
NIPAS Board.
B. Any participating agency that fails to meet its ob-
ligations in accordance with this Amended Mu-
tual Aid Agreement and Plan or with the NIPAS
Bylaws may have its participation in NIPAS ter-
minated by a two-thirds vote of the NIPAS Board
pursuant to Article III, Section 8 of the Amended
NIPAS Bylaws.
C. Any Participating Agency found responsible for
any behavior detrimental to law enforcement
or whose continued participation would be det-
rimental to NIPAS, may have its participation in
NIPAS suspended or terminated by a two-thirds
vote of the NIPAS Board pursuant to Article III,
Section 9 of the Amended NIPAS Bylaws. Before
any Participating Agency may be suspended or
terminated from participation in NIPAS, the Par-
ticipating Agency will be notified and shall have
an opportunity to appear before the NIPAS Board.
Section 5
Adoption and Effect of Adoption
A. If the undersigned law enforcement agency is an
Original Participating Agency, this Amended Mu-
tual Aid Agreement and Plan shall be in full force
and in effect only upon the date of the last of the
following events to occur ("Original Participat-
ing Agency Effective Date'):
1. The passage and approval of an ordinance
or resolution approving participation in NIP -
AS and this Amended Mutual Aid Agreement
and Plan, in the manner provided by law, by
the corporate authorities of the undersigned
Original Participating Agency (Approval");
2. The execution of this Amended Mutual Aid
Agreement and Plan by the head of the cor-
porate authorities and the commanding offi-
cer of the undersigned Original Participating
Agency ("Execution");
Page 4
3. The Approval of participation in NIPAS and
this Amended Mutual Aid Agreement and
Plan, in accordance with the procedures set
forth in Section 5.A.1 of this Amended Mutual
Aid Agreement, by the corporate authorities
of at least three-fourths of the Original Partic-
ipating Agencies;
4. The Execution of this Amended Mutual Aid
Agreement and Plan, in accordance with
the procedures set forth in Section 5.A.2 of
this Amended Mutual Aid Agreement, by the
heads of the corporate authorities and the
commanding officers of at least three-fourths
of the Original Participating Agencies; and
5. The adoption of the Amended NIPAS Bylaws,
pursuant to Article XV, Section 1 of the NIPAS
Bylaws, by a majority of the Original Partici-
pating Agencies present at the special meet-
ing of the Original Participating Agencies
called, pursuant to Article XI, Section 4 of the
NIPAS Bylaws, at least 60 days after the last
to occur of the two events listed in Section
5.A.3 and Section 5.A.4 of this Amended Mu-
tual Aid Agreement and Plan.
If this Amended Mutual Aid Agreement and Plan is
brought into full force and effect pursuant to this Sec-
tion 5.A of this Amended Mutual Aid Agreement and
Plan, then, as of the Original Participating Agency Ef-
fective Date: (i) the undersigned Original Participating
Agency shall remain a Participating Agency in NIPAS
and, if the undersigned Original Participating Agen-
cy has elected to participate in a Specialized Team
or Specialized Teams, the participation of the under-
signed Original Participating Agency in its respective
Specialized Team or Specialized Teams shall contin-
ue; (ii) the Original Mutual Aid Agreement and Plan
shall be terminated; (iii) this Amended Mutual Aid
Agreement and Plan and the provisions contained
herein shall supersede and control over the Original
Mutual Aid Agreement and Plan and any provision
contained therein; (iv) the NIPAS Bylaws shall no lon-
ger govern NIPAS; and (v) the Amended NIPAS By-
laws and the provisions contained therein shall gov-
ern NIPAS and supersede and control over the NIPAS
Bylaws and any provision contained therein.
The participation in NIPAS, and in any Specialized
Team, of any Original Participating Agency that fails to
complete the Approval and Execution of this Amend-
ed Mutual Aid Agreement and Plan in accordance
with this Section 5.A on or before the day before the
Original Participating Agency Effective Date will be
terminated as of the day after the Original Participat-
ing Agency Effective Date. Any Original Participating
Agency who has its participation in NIPAS terminated
may seek participation in NIPAS again at any time in
accordance with the procedures set forth in Section
5.B of this Amended Mutual Aid Agreement and Plan.
B. If the undersigned law enforcement agency is not
an Original Participating Agency, this Amended
Mutual Aid Agreement and Plan shall be in full
force and in effect with respect to the undersigned
law enforcement agency upon the date of the last
of the following events to occur ("New Participat-
ing Agency Effective Date"):
1. The Approval of participation in NIPAS and
this Amended Mutual Aid Agreement and
Plan, in accordance with the procedures set
forth in Section 5.A.1 of this Amended Mutual
Aid Agreement, by the corporate authorities
of the undersigned law enforcement agency;
2. The Execution of this Amended Mutual Aid
Agreement and Plan, in accordance with
the procedures set forth in Section 5.A.2 of
this Amended Mutual Aid Agreement, by the
head of the corporate authorities and the
commanding officer of the undersigned law
enforcement agency; and
3. The approval by the NIPAS Board of the un-
dersigned law enforcement agency as a Par-
ticipating Agency in NIPAS pursuant to Article
111 of the Amended NIPAS Bylaws.
If this Amended Mutual Aid Agreement and Plan is
brought into full force and effect pursuant to this Sec-
tion 5.8 of this Amended Mutual Aid Agreement and
Plan, then, as of the New Participating Agency Ef-
fective Date: (i) this Amended Mutual Aid Agreement
and Plan and provisions contained herein and the
Amended NIPAS Bylaws and provisions contained
therein shall control the undersigned law enforcement
agency's participation in NIPAS; and (ii) any previous
agreement or bylaws related to NIPAS to which the
undersigned law enforcement agency is a party shall
be superseded by this Amended Mutual Aid Agree-
ment and Plan and provisions contained herein and
the Amended NIPAS Bylaws and provisions con-
tained therein.
Section 6
General Provisions
A. Non -Waiver of Immunities. No Participating
Agency to this Amended Mutual Aid Agreement
and Plan while performing under the terms of this
Amended Mutual Aid Agreement and Plan shall
be deemed to waive any governmental immuni-
ty or defense to which the Participating Agency
would otherwise be entitled under statute or com-
mon law.
B. Contractual Obligation. The obligations and re-
sponsibilities incurred by a Participating Agency
under this Amended Mutual Aid Agreement and
Plan shall remain continuing obligations and re-
sponsibilities of such party. Nothing contained
herein shall be deemed to affect other Mutual Aid
agreements that a party may have executed.
C. Application of Law and Venue. This Amended Mu-
tual Aid Agreement and Plan shall be governed
by and construed under the laws of the State of
Illinois. The exclusive venue for the enforcement
of the provisions of this Amended Mutual Aid
Agreement and Plan or the construction or inter-
pretation of this Amended Mutual Aid Agreement
and Plan shall be in a state court in the County of
Cook, Illinois.
IN WITNESS WHEREOF, this Amended Mutual Aid Agreement has been duly executed by the following parties:
(seal)
ATTEST:
Clerk
Name of Law Enforcement Agency
Head of Corporate Authorities
Commanding Officer of Law Enforcement Agency
Date
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