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HomeMy WebLinkAbout2008-07-14 MinutesCALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:30 p. m. and led the assemblage in the Pledge of Allegiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Roy Kogstad, Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. APPROVAL OF MINUTES IV. Regarding the Minutes of the June 23, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Thill, to approve the June 23, 2008 Regular Meeting Minutes as submitted. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS Presentation of Employee Anniversary Awards The Board honored several employees for their years of service to the Village, including: Andrew Arkus of the Public Works Department (25 years); James Welter of the Building and Inspectional Services Department (20 years); Kerry Murakami of the Police Department (15 years); Jason Goodman and Jeremy Schuette, both of the Police Department and both with 10 years of service. Although no one was in attendance, the Board congratulated them. b. Swearing In Ceremony for Two New Police Officers The swearing-in ceremony will take place at the July 28, 2008 meeting as there was some confusion about the date and time of the swearing-in. Minutesof July 14; 2008 BoatG Meeting VI. RESIDENTS' COMMENTS (Agenda Items Only) - Mayor Krier asked that anyone who has comments on Ordinance 08-25 (Amending Title 6, Chapter 2 Entitled "Deadly Weapons" of the Village's Municipal Code) to please hold them until the ordinance is presented. At that time he will allow anyone wishing to comment an opportunity to do so. a. Tony Kovach, 8302 Avalon. Mr. Kovach said he was opposed to Ordinance 08-24 (which implements parking restrictions on Morton Avenue) because zoned parking discourages commuters-and with all the environmental concerns, we're trying to encourage public transportation. He felt that there were plenty of garages on Morton for residents to park in, and pointed out that residents "don't own the street-we all do." He encouraged the Board to vote "no" on this ordinance. b. Eric Poders. Mr. Poders said the Executive Session time was incorrectly listed in the Minutes that the Board had just approved. It was called to order at 8:29 p.m., not 9:29 p.m. as stated in the Minutes. He asked that the correction be made. VII. PRESIDENT'S REPORT Mayor Krier introduced for a first reading Ordinance 08-25, Amending Title 6, Chapter 2 Entitled "Deadly Weapons" of the Municipal Code of the Village. He explained that this reacts to the Supreme Court's recent decision. In June of 1981, the Village adopted an ordinance which, among other things, prohibited the possession of handguns throughout the Village of Morton Grove, including a person's place of abode. On June 26, 2008, the U.S. Supreme Court ruled that the Second Amendment of the Constitution provides an individual right for persons to possess handguns within their residence and that laws prohibiting such possession are unconstitutional. The Court also ruled that units of government have the right fd impose reasonable regulatdns on the possession of firearms. This ordinance amends Title 6, Chapter 2, to remove the total ban on the possession of handguns within the Village, and to incorporate by reference certain State of Illinois Statutes regulating the unlawful use of deadly weapons. Passage of this ordinance will bring the Village's Municipal Code into compliance with the Supreme Court's ruling. The Illinois State Statutes incorporated by reference are 720 ILCS 5124, sections 1, 2, 6, and 9. Section 1 makes it unlawful to possess certain deadly weapons such as bludgeons, black- jacks, sand clubs, metal knuckles, throwing starts, switchblades, daggers, stun guns, or taser guns, etc. It also states that it is unlawful for a person to carry a concealed weapon or trans- port aweapon unless it is broken down in a nonfunctioning state or not immediately accessi- ble. Further, it is unlawful for a person to possess certain unusual or dangerous firearms, such as machine guns and sawed-off shotguns. It is also illegal to carry or possess weapons upon public streets or public lands. Section 2 exempts certain persons from the regulations of Section 1, including law enforce- ment, security, and military personnel. Section 6 provides for the confiscation, disposition, and return of firearms. Minutes of Jul 14;20088oaM Meetin VII. PRESIDENT'S REPORT (continued) Section 9 makes it unlawful for a person to store or leave a firearm within a premise under his or her control if that person knows or has reason to believe that a minor under the age of 14 is likely to gain access to the firearm without the permission of the minor's parent or guardian and the minor causes death or great bodily harm with the firearm. Mayor Krier said that, when the Supreme Court's decision became known, he sat down with Corporation Counsel Liston, Village Administrator Wade, and Police Chief Tasch, to let them know that Morton Grove's handgun ordinance was now unconstitutional. He asked Corpora- tion Counsel to draft an ordinance to bring the Village into compliance, and had similar conversations with all of the Trustees to ask them if there was anything in particular they wanted included in the new ordinance. Mayor Krier asked the Board if anyone wished to comment on Ordinance 08-25 a. Trustee Staackmann said there's no doubt this is a highly emotional issue to people on both sides of the spectrum, but we have to follow the law of the land. He said he approves of what he's read but wondered why the ordinance incorporated so much of the State Statutes. Mayor Krier responded that the Village did this like it's done many. other ordinances, i.e., the liquor ordinance, the smoking ordinance, animal control laws, etc. It's the Village's practice to adopt the State's laws and then modify them as necessary or appropriate. Corporation Counsel Liston said the main reason the Village does this is that it gives the Village and the Police Department flexibility, especially in terms of enforcement. She said she worked closely with the Police Department on this ordinance and on incorporating these particular provisions of the State Statutes, and said Chief Tasch felt strongly that criminal charges should be prosecuted under State laws, not as a local or civil matter. b. Trustee Kogstad asked if the State Statutes incorporated the Supreme Court ruling yet. Ms. Liston responded that the Village incorporates by reference Sections 1, 2, 6, and 9 of the criminal code, as amended; so if the State amends its statutes, Morton Grove's Municipal Code is automatically amended also. She said that the Supreme Court's decision addresses the possession of handguns within a person's residence. There's nothing the Village has incorporated thaf precludes the possession of handguns within a person's residence. c. Trustee Brunner asked whether a person whose residence was a motel could possess a handgun. Ms. Liston said that the previous ordinance had a blanket ban on possession of handguns within the Village. That section of the Village's Municipal Code is being repealed and the Village is now incorporating certain other prohibitions that are in the State Statutes, i.e., provisions prohibiting weapons on public streets or in public lands. If it's not specifically prohibited, then it's allowed. So if a person resides in a motel, they are not prohibited from possessing a handgun by this ordinance. However, the motel proprietor may decide to prohibit guns, and there are other State and Federal prohibitions that may be applicable. Trustee Brunner asked if business owners are allowed to have handguns on their premises. Ms. Liston said they are; and, in fact, there is an exemption that allows business owners to have a concealed weapon at their place of business or abode. d. Trustee Thill asked if a person could carry a weapon in a holster. Ms. Liston said there's no prohibition from a person carrying anon-concealed weapon, except they are not permitted to do so on public land, such as in a government building or in a mental hospital. So the answer is "yes, with restrictions". Trustee Thill also asked about transporting weapons. Is carrying a handgun the same as transporting it? Or does transport mean "only by vehicle"? Ms. Liston said that she thought that "transporting" meant in a vehicle, although by interpretation it could mean that it's being carried. She pointed out that a transported weapon had to be either Minutesbf July 14, 2008 Board Meeting. VII. PRESIDENT'S REPORT (continued) broken down or not immediately accessible. Trustee Thill asked if the Village would continue to prohibit the sales of handguns within its borders. Ms. Liston said that sale of handguns is not addressed in this ordinance, so the current law would stand. e. Trustee Staackmann asked if the Village is prohibiting the sale of blackjacks, brass knuckles, switchblades, etc. Ms. Liston said that, under current Village law, the sale of those items is prohibited. That is not covered under this particular ordinance; however, there are other provisions in the Municipal Code that prohibit the sale of such items. Trustee Marcus agreed that the Village has to do this because each of the elected officials took an oath to uphold the Constitution. He noted that this law was really designed for federal law, rather than local law. He wondered, since the Village is a home rule community, when the Village incorporates State Statues, does it lose any of its control orjudiciary approach? Will the Village's hands be tied by this? Ms. Liston said that the Supreme Court's decision leaves an open question as to whether or not its decision is applicable to units of local government. By taking this action today, the Board is deciding not to wait for further litigation to clarify this matter. As far as whether the Village's hands are tied, Ms. Liston pointed out verbiage in Section 3 of Ordinance 08-25 that addresses this question. She said that, basically, the intent is to allow our Police Department the flexibility to charge someone under State law or local law; therefore; it does not tie the Village's hands. Mayor Krier then opened the discussion for resident's comments. Kerry Trausch, 8916 Austin. Mr. Trausch wanted to know if martial arts schools could still work with numchucks, etc., or if that was now illegal. He said martial arts schools and martial arts instructors work with things like that all the time. Also, if a person is a martial arts instruc- torwho works out of his or her home, is it illegal to have those items in his or her residence? Ms. Liston said that the Village has always banned those instruments, but they are not addressed by the Second Amendment or the Supreme Court's decision. By incorporating the State Statutes, several exemptions are allowed. She said she is not aware of any exemption in particular for martial arts studios or martial arts instructors. David Balke, 6044 Capulina. Mr. Balke wanted to clarify that the Supreme Court's decision was not applicable to home rulellocal law, but the Village is respecting their decision. He commented that, as a resident raising his children here, the handgun ban has always provided one more level of safety, a feeling that a child won't go to a friend's home and find a handgun. Ms. Liston said the Village is not required to repeal its ordinance as the Supreme Court's decision concerned Washington, DC, a federal district. She explained that the Second Amendment does not automatically apply to State governments and subdivisions of State governments. Ms. Liston added that there is no case (to date) decided by the Supreme Court that incorporates the Second Amendment so that it is applicable to State and local government, although she believed that this issue is going to be the subject of "imrnediate and aggressively fought litigation" which may render such a decision. The Village is side-stepping this litigation and is respecting the spirit of the Supreme Court's decision. Trustee Marcus said he understood Mc Balke's concerns, but the Village is a community of Taws, and although individuals can and do disagree, the highest court in the land has decided this, so it behooves the Village to look at the matter very dlosely. The Village must also factor in the cost of litigation. Ratifying this ordinance will save the Village from a very real financial impact while also respecting the law of the land. Trustee Marcus said this is a decision that has pros and cons, as most decisions do, buf overall, he felt the Village was making a wise choice. Minutes of July 14; 2008 Board Meeting'.. VII. PRESIDENT'S REPORT (continued) 3. Ken Viane, 8928 McVicker. Mr. Viane urged the Board to vote on Ordinance 08-25 this eve- ning and to approve it, stating that, as a taxpayer, he did not want to have to pay for litigation. 4. Alice Gutenkauf, 8425 Mason. Mrs. Gutenkauf said that she and her husband were some of the people who objected to the handgun ban from the beginning, and commended the Board for this "reasonable reaction" to the Supreme Court's ruling. She felt the Supreme Court had done a good thing for the country. Regarding the gentleman who was concerned about his children, she pointed out that there are still laws on the books-there is still a requirement for a gun card in the State of Illinois, you must have identification that you have registered, etc. She said she's comfortable and believes the research that states that an armed community is safer than an unarmed community. Mrs. Gutenkauf did not feel that the Village will suffer from repealing the handgun ban. 5. Dr. Donald Szachowicz, 6734 Beckwith. Dr. Szachowicz said he is a 40-year resident of the Village who has raised his children here. They've a!I been involved with scouting (Boy Scouts, Eagle Scouts, etc.) and have enjoyed learning the shooting sports under the auspices of the Scouts. He commended Corporation Counsel Liston and the Board in doing a fine job on this ordinance. He said there are still safeguards in this ordinance, i.e., if you have children under age 14, you have to have locks on your guns. Dr. Szachowicz said he realizes this is a controversial matter but he believes the Village is doing the right thing.. He pointed out that the NRA is well-funded and the Village doesn't have the resources to fight this. 6. Don Sneider, 9320 Michael Ct. Former Trustee Don Sneider said that the original litigation the Village went through did not cost the Village money-Jenner and Block did it for no fee. Also, ABC Circle Films which wrote a docu-drama (that didn't get produced) paid the Village some money for this. He recalled when the original handgun ban ordinance was passed 27 years ago. Council Chambers was filled, people were standing outside. Many people spoke, and many were against it. The Village's ordinance was subsequently ruled constitu- tional by five courts, including the Illinois Supreme Court and the Court of Appeals. Former- Trustee Sneider believes this is a very bad decision by the U.S. Supreme Court. It was a 5-4 decision, so it was very close. He said people are dying at an alarming rate because of hand- . guns. There are accidental deaths and crimes of passion, suicides, and gang-related shoot- ings-thousands happening every day due to the accessibility of handguns. Obviously, people can be killed by knives, automobiles, etc., but he hasn't ever heard of any drive-by knifings, or stray knives going through a wall and killing a child in bed. Trustee Sneider said that, in the 10 years prior to the Village passing the handgun ban, there were nine shootings. Since the ordinance has been in effect, there have been none. Whether this is a direct result of the handgun ban, he didn't know. He asked the Board to slow down, to see what Chicago, Evanston, and Oak Brook do. This decision pertains to federal districts-he urged the Board to "wait and see what happens" before making any decisions. Guns in homes are dangerous. Trustee Sneider asked Ms. Liston ifsemi-automatic weapons (AK-47's) are banned by the State Statute. She responded that they are. He asked if the Village was planning on having gun registration so the Police Department would know which homes have guns in them going in: He said he had discussed this with Trustee Brunner, and thanked her for the considerable discussion-they had. Trustee Sneider said he really felt the Board should take more time to see what happens elsewhere. A lot of agony went into getting the ordinance passed- trustees were pressured, and their homes and families were even threatened, in some cases--and he said he would hate to see it thrown out so fast. Minutes of July f4, 2008 Board Meeting',. VII. PRESIDENT'S REPORT (continued) g. Trustee Brunner thanked former Trustee Sneider for coming tonight. She said she appreci- ated the tough decision he made years ago, and she and Corporation Counsel were doing research about possible additional restrictions. h. Trustee Marcus acknowledged and thanked former Trustee Sneider. He said the former trustee does the Village and the Board proud by having an open discussion. Trustee Marcus said he was proud to be able to meet tonight and hear differences of opinion. He said he knows that Trustee Sneider's number one concern was and has always been the betterment of the Village. He said he was glad the Board and the residents can air their opinions and ultimately do what's in the best interests of the residents of Morton Grove. i. Trustee Thill pointed out that this Board will never pass "the perfect ordinance', whether it be handguns, traffic, whatever. Situations always come up and the Board can always revisit the ordinance to fine-tune it. He hoped that everyone who wants to have a gun in their home will accept that it's their responsibility, not the Board's. 7. Mr. Trausch. Mr. Trausch asked about registration. He said he knew you had to be regis- tered with the State to legally own a handgun, but are people also going to have to register with the Village's Police Department? He said he agreed with this ordinance and felt that the previous ordinance was against people's Second Amendment rights. He said drive-bys and gang-bangers will always happen even if there is a gun ban. He wondered if there was ever any accidental killing of a child in a Morton Grove home before the ordinance was passed. j. Trustee Minx said, regarding registration, that the Board is looking into it, but noted that regis- tration is not necessary for police officer safety. She said she's had extensive conversations with Chief Tasch about this and he is training his officers to always assume there's a gun. Chief Tasch agreed, basing this on his 29 years with the Chicago Police Department. He felt that registration Taws are "after the fact" laws. He said he wants his officers to always assume there's a weapon in any situation so they can be alert and aware. Registration is what an officer looks for after someone's been arrested with a weapon; the officer can check and charge the persori with having an unregistered weapon. But registration is not necessary for officers' safety. k. Mayor Krier said the matter of registration is still being researched. If it would make it safer for police personnel, he would make sure registration is incorporated in this ordinance; however, since Chief Tasch has said it will not have a bearing on officers' safety, it's not. The Board may do a separate ordinance related to registration at some future point. For now, it's an ongoing discussion. 8. n1r. Viane. Mr. Viane stated that everyone who legally owns a handgun in Illinois should already be registered, so a local registration requirement would be redundant. VIII: CLERK'S REPORT Clerk Fritzshall announced that November 4, 2008 is the date of the Presidential Election. People who wish to do so may register to vote up until October 7, 2008. Minutes. of July 74,.2008 Board Meeting' VIII. CLERK'S REPORT (continued} 2. Clerk Fritzshall said that, if anyone is interested in becoming a deputy registrar, there are two training sessions coming up. One is Saturday, July 26, from 10:00 a.m. to 11:00 a.m. at the Skokie Public Library. The other is Saturday, August 9, 2008, at the Skokie Public Library from 10:00 a.m. to 11:00 a.m. Anyone interested in attending either session should call Clerk Fritzshall at Niles Township or at the Village. Clerk Fritzshall noted that there would also be a student deputy registrar program this year. IX. A. Village Administrator Mr. Wade had no report. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: STAFF REPORTS TRUSTEES'REPORTS Trustee Brunner presented for a first reading Ordinance 08-27, Authorizing the Execution of a Real Estate Contract for the Sale of Surplus Real Estate at 5821 Dempster Street Within the Village of Morton Grove. She explained that the Village had purchased four parcels of land in 2002 in order to construct a municipal parking lot to benefit local merchants and shoppers. In 2007, federal and state funds became available for the construction of that parking lot. It was designed in such a way that only three of the parcels were required. The Board authorized Village staff to offer this parcel for sale. Staff has negotiated a sale of the property to Dr. Saba Khan for $345,000, which is more than 80% of the appraised value of the property. The contract also requires the purchaser to improve the exterior fapade of the property, which will be utilized as a dental or multi-specialty dental practice owned and operated by the purchaser. The Village has the right of first refusal if the property should be sold within fifteen years after the closing of this sale. The sale of this property will result in multiple benefits to the Village, including rehabilitating a vacant store, providing immediate revenue, and generating real estate and other taxes. Trustee Staackmann said he was sad to see that parcel go this way, because when the Village bought it, its intent was to use it to help with the efforts to revitalize Dempster Street. Ne wished Dr. Khan well and hoped he'd be successful, bus said that he wished the Village could have found a retail business to go there, since the Village doesn't realize any sales tax revenue from a dental office. Plus, the property was bought to be a parking lot, and the park- ing lot that was built is now actually five spaces smaller, because the contract calls for one of the adjacent businesses to frave five spaces. Maybe the Village should have used that parcel to make the parking lot bigger. He felt the Village could have done a better job of marketing the property. Minutes. of Jul 14,20088oardMeiitin X. A. Trustee Brunner: (continued) TRUSTEES' REPORTS (continued) Trustee Brunner noted that, according to Village Engineer Ryan Gillingham, there wasn't much that could be done with that parcel. Trustee Staackmann said that it didn't come to his attention that five spaces were going to be unavailable to the general public until after the parking lot had been built. He thought the Village should have made the lot bigger, had it known it was going to be losing those five spaces immediately. Trustee Brunner said, from what she remembered of the design, if this parcel wasn't used, it would've been green space. Mayor Krier agreed with Trustee Brunner about the Village Engineer's assessment of the parcel. He said he wasn't aware of the agreement giving five parking spaces to the adjacent business either, and said it was a "dumb deal that had been made in the past". He alluded to other things past Village leadership had done, including the agreement giving the Village ownership of the bridge on Beckwith Road, which he felt never should have happened and didn't show much forethought. Trustee Staackmann said that someone should have read the contract but this wasn't about assigning blame. He said he was just disappointed that it didn't seem like the Village was making a real commitment to finding retail for Dempster Street. He said he understands that this is a good offer and that the new owners are Village residents, and again wished them well. Mayor Krier asked Trustee Staackmann how many people he personally had tried to get interested in that parcel. He said that Village staff had tried, but no one was interested. He said that he, too, would much rather have had retail there. The Village could have waited longer, but it's doing this now because this offer was not going to be on the table much longer. Now the property will at least be on the tax rolls, which it is currently not. Also, the building is currently in a state of disrepair, and since the Village owns it, it would have had to spend money to fix it. Now it won't have to. He asked Trustee Staackmann to "put all the facts on the table". Trustee Staackmann noted that the Village had made a commitment to try to extend this three more months and try to accelerate the marketing of the parcel to attract retail, and then reneged on that. He reiterated that he was disappointed in what seemed to be the lack of commitment to retail on Dempster. Mayor Krier said the Village did try to make that happen. Trustee Thilt said he would like to amend the"ordinance so that the'money from the sale of this parcel would be put in a special account and be used only for Dempster Street projects, rather than put in the General Fund. He so moved, seconded by Trustee Kogstad. Trustee Kogstad asked for clarification of several things. He wondered if the Village still had an outstanding loan on this parcel, and if so, what the balance was, and how much interest had been paid on it. He asked Village Administrator Wade if he could get that information to the Board before the next meeting. Trustee Marcus asked, if the Board passes this amendment, are there are any limitations as to how the money from the sale of this parcel would be used. Mayor Krier said he thought the trustees all agree that the money should be spent on Dempster Street and that Trustee Thill's amendment would just tie the Board's and staffs hands. He encouraged Trustee Thill to make it "his desire".that the Board use the money for Dempster, rather than amending the or- dinance, Trustee Brunner wanted to know what the parameters would be of this amendment. Trustee Kogstad said it could be set up to tie it to matching government grants, that type of thing, so the funds would be there. He felt that would be reasonable but wanted to see what .Trustee Thill and Corporation Counsel. Liston came up with. Mayor Krier agreed that a restricted reserve fund would be the way to go. Minutes of July 14; 2008 Board Meeting] X. A. Trustee Brunner: (continued) TRUSTEES' REPORTS (continued) Trustee Marcus said he would like to see the money go into an Economic Development Fund to develop ideas and concepts, but the restricted reserve fund would also address that. The Board could look at things on a case-by-case basis. Village Administrator Wade pointed out that the Dempster Street Improvement Project is already 10 years old and the Village has spent a minimal amount of money on it. He said that, at the point of project closure, there are typically cost overruns, especially with a project Tike this, where the budget for it was developed over 10 years ago. He said the State doesn't always pay the cost overruns, in which case they would become the Village's responsibility. Trustee Minx pointed out that there are three parcels on Dempster that need parking, so the proceeds of this sale could be a "seed fund" for parking lots. Mayor Krier said he thought Trustee Thill's amendment was rather insulting to Village staff, as if saying that they would spend the money elsewhere. Trustee Thill said his motion is simply that any profit from this sale will be put in a fund for Dempster Street only projects. Ms. Liston clarified that Trustee Thill's motion is to "authorize staff tq restrict the proceeds of this sale for Dempster Street projects only." Trustee Thill agreed. Mayor Krier called for a vote on the amendment. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~e Tr. Kogstad ~e Tr. Marcus afire Tr. Minx aye Tr. Staackmann afire Tr. Thill aye Trustee Brunner commended the Morton Grove Days Committee, the Park District, Public Works, Police, Fire, and EMA for all their hard work over the holiday weekend. She thought the parade and fireworks display were wonderful. She also thanked all the volunteers who worked the event, saying they did a "phenomenal" job. B. Trustee Kogstad: Trustee Kogstad had no report. C. Trustee Marcus: 1, Trustee Marcus had no formal report, but agreed with Trustee Brunner's comments regarding the Fourth of July holiday weekend. He said it's a lot of work done by hundreds of volunteers. It makes you proud to be in Morton Grove, and crowd for the fireworks display was wonderful. .Mayor Krier commented that the. parking plan for the Harrer Park area was successful. Although a couple of complaints were received; most people were happy with it. The Village is planning to da it again next year: Minutes of July'14, 2008 Board Meefin X. TRUSTEES' REPORTS (continued) D. Trustee Minx: Trustee Minx had no formal report, but thanked the Morton Grove Days Committee, the Park District, the Police and Fire Departments, Public Works, EMA, and the staffs of the Village and the Chamber of Commerce. All combined to help make the holiday celebration a most successful endeavor. Kudos to all! Trustee Staackmann: Trustee Staackmann presented for a first reading Ordinance 08-26, Eliminating Title 2, Chapter 6 of the Village of Morton Grove Municipal Code Entitled "Emergency Services and Disaster Agency" and Adopting Title 3, Chapter 2, Article C to be Entitled "Emergency Management Agency." He explained that this will update the Village's regulations and codes to be in conformance with Illinois State Statutes and the anticipated operational needs of the Village. The Village has benefited greatly from the volunteer services of the members of the Emergency Services and Disaster Agency. The Agency's functions have been codified in Title 2, Chapter 6 of the Municipal Code. Recent changes to a variety of federal and state requirements and guide- lines prompted a review of the ESDA program. Mayor Krier formed an ad hoc committee consisting of the Fire Chief, Police Chief, the coordinator of ESDA, and a Village Trustee to review current Village ordinances and state statutes as they relate to the operation of the Village's volunteer Agency. The committee recommended structural and operational changes with respect to the Agency. As a result, Village staff has prepared code revisions which will change the name of ESDA to the Village of Morton Grove Emergency Management Agency (EMA). This ordinance also places the Agency under the supervision and chain of command of the Fire Department. Mayor Krier thanked Trustee Staackmann for chairing the committee, and the'Polde and' Fire Chiefs, and John Hill and Corporation Counsel for working on this. Trustee Staackmann thanked them also, and said that people in town don't really realize the wonderful contribution that EMA makes to the Village...he said they're a "great group of people'. Trustee Staack- mann told the assemblage that if anyone is interested in volunteering for EMA, to contact John Hill through the Fire Department. 2~ Trustee Staackmann thanked Morton Grove Days Committee Chairman Jim Karp and his entire committee for the wonderful Morton Grove Days celebration, and said he hoped it was successful (financially). F. Trustee Thill Trustee Thill presented Ordinance 08-24, Authorization to Install Parking Restrictions on Morton Avenue Between Lincoln Avenue and Elm Street Within the Village of Morton Grove. This is the second reading of this ordinance. ~o " Minutes of Jul 14, 2008 Board Meetin X. F. Trustee Thill: (continued) TRUSTEES' REPORTS (continued) Ordinance 08-24 establishes zone parking on Morton Avenue between Lincoln Avenue and Elm Street to alleviate commuter parking congestion. It proposes Zone 11 permit parking, which is no parking (except by permit) between 6 a.m. and 9 a.m. Mondays through Fridays. Trustee Thill moved to adopt Ordinance 08-24, seconded by Trustee Minx. Trustee Brunner said, regarding an earlier comment about parking restrictions, that, having attended the Traffic Safety Commission meetings, these restrictions are requested by the residents who live in these areas. These residents feel that commuter parking is restricting activity on their streets, especially in the fall and winter, as the commuter parking impedes leaf pickup and snow removal. She pointed out that there is parking at the Metra Station and in that area, but the Board realizes more parking is needed and is looking into it. But she wanted people to understand how these restrictions actually come to the Board. Trustee Staackmann said that he doesn't like restricted parking either, but felt it was a "necessary evil". Mayor Krier called for the vote on Ordinance 08-24. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~ Tr. Kogstad awe Tr. Marcus a rye Tr. Minx ~ Tr. Staackmann ~ Tr. Thill Trustee Thill then presented Resolution 08-42, Authorizing the Execution of a Contract with Superior Road Striping as a Participant of the Northwest Municipal Conference 2008 Thermoplastic lane Marking Program. He explained that, each year, the Village contracts with a pavement marking contractor through the Northwest Municipal Conference in a joint purchase program to take advantage of economies of scale. The estimated project cost is $19,750. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved, seconded by Trustee Brunner, to approve Resolution 08-42. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad awe Tr. Marcus afire Tr. Minx .ayre Tr. Staackmann aye Tr. Thill a~~e Trustee Thill thanked Trustee Kogstad for his insightfiul questions as the recent Audit Workshop presentation. He said he felt he understood the Village's finances a bit better as a result. 4. Trustee Thill said that many residents ask him about a community rain garden. He said there is already a community rain garden; it's located between the Historical Society and the new Annex. He also thanked the Park District for putting snow fencing up around the annex. There are many beautiful native plants there. He encouraged residents to go see them. tt Minutes of July 14, 2008 Boats Meeting) ~ ___- XI. OTHER BUSINESS a. Trustee Staackmann said that foreclosures and the appearance of certain properties within the Village is becoming an increasing concern to many residents. Mayor Krier said, regarding foreclosures, that the Village has a procedure to follow and certain restrictions it's under. He said he has spoken with other area mayors about this problem, and has also had discussions on this matter with Corporation Counsel Liston and Village Administrator Wade. He said it's important for the Police and Fire Departments to know which properties are vacant, noting that there's afee-based website where a person can find out exactly what properties are in foreclosure. Mayor Krier said that the Village cannot go on to private property; all it can do is write tickets. When the Village gets permission from the courts, it can then go in and take care of the property, in terms of outside appearance and/or cleaning up garbage on the inside. The Village ends up paying for this clean-up and puts a lien on the property. The problem is, by the time the Village receives the courts' permission to do this, the property is usually pretty far gone. Banks are working on addressing this problem too. The Building Department, Fire Department, and Police Department are all aware of the problems, but the Village's hands are tied, so it doesn't get too aggressive. Trustee Staackmann noted that there's atear-down on Shermer that's basically just a weed patch now, and another one on Marion. He wondered if the Village could go after the builders. Mayor Krier responded that the Village is doing what it can do, legally. Trustee Staackmann asked who residents should complain to, if a problem Tike this exists in their neighborhood. Mayor Krier said residents should call Village Administrator Wade. b. Trustee Marcus thanked Ed Hildebrandt and Boyle Wong for the new microphones, and Mayor Krier and John Hill as well. He said now there's a light indicating if the microphone is on or off, which is something the Board didn't have before. XII. WARRANTS Trustee Minx presented the Warrant Register for July 14, 2008, in the amount of $490,765.14. She moved to approve the Warrants, seconded by Trustee Thill. a. Trustee Marcus had a question on page 8, a charge for $41,887 for Gallagher Health Care. Mr. Wade said that was for insurance premiums. Trustee Marcus asked if it was one month's worth of insurance premiums. Assistant Finance Director Ryan Horne said it was actually a remaining 2007 expense. Trustee Marcus asked what the Village paid annually for health in- surance. Mr. Horne said that he did not know off the top of his head. b. Trustee ThilLhad several questions. On page 4, there are 19 charges for "Cardmember Ser- vice° that he wondered about. Mr. Horne said that it was for a credit card held by Mr. Wade, and several members of Pubiic Works and the Finance Department. Trustee Thill also asked about an "administrative fee" to Ceridian listed on page 4. Mr. Horne said that was for pre-tax deductions that employees have. It is a program that is administered through Ceridian. Trustee Thill wandered what the $21,600 charge was for "early lease termination" for GPG Associates. Mr. Horne said that's for the property at 6400 Chestnut, which the Village purchased. This was the cost of the negotiated buy-out. 12 Minutes of July 14;2008 Board Meeting XII. WARRANTS (continued) c. Trustee Thill asked about a Groot payment of $239.40. Mr. Horne said a customer had come in and paid the Village directly, instead of paying Groot. The Village then turned around and paid Groot. d. Trustee Thill also inquired about a charge for S.B. Friedman on page 19, for "LF Framework Plans"-was that for Lehigh-Ferris? Mr. Horne said it was. e. Trustee Thill was curious about the charge on page 21 to System Management Association for a router memory component. Mr. Horne said that was a piece of equipment needed for the network/ phone system upgrade. f. Trustee Thill asked about an $800 for an "annual medical exam" and wondered if that was for one employee. Mr. Horne said it was an exam required by the Village to determine if an em- ployee's disability case was still valid. g. Trustee Thill inquired about rental equipment in the amount of $2,700 for "tree stump re- moval". He asked Public Works Director Andy DeMonte if the Village had its own equipment for that. Mr. DeMonte said the Village did, but it was in a state of disrepair, so they had to rent the equipment. h. Trustee Kogstad asked about a $41,900 charge for telecom on page 21. He wondered what resolution that was tied to and how much was budgeted for this. Mr. Horne said that there was a resolution regarding this charge but he didn't recall the number or the budgeted amount. He said he'd get that to Trustee Kogstad, but he thought that the $41,000 was about half of what the total was. Mayor Krier called for the vote on the Warrants. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad ~? Tr. Marcus aye Tr. Minx awe Tr. Staackmann ~ Tr. Thill ~e XIII. RESIDENTS' COMMENTS a. Eric Poders. Mr. Poders said that he attended the last audit meeting and has also been attending adjudication hearings. He wanted to do a communique to residents to let them know how under-staffed the Village is right now. It's not able to look at everything as it should be, especially since some part-time employees have recently left. Mr. Poders wondered if there was a possibility of using vegetable oil from some of the local business and using converters to use it for Village vehicles. Mr. Poders commended Trustee Thill for his amend- ment to Ordinance 08-27. He said that he, too, would personally like to see more retail and more foot traffic on Dempster. Mayor Krier said the Village is always looking at ways it can be "greener" and if there is a way to do it that's economical, the Village does it. He added that everyone agrees that the Village needs and wants more retail, but pointed out that empty stores abound in every town. b:' Mike (8946 Marion Avenue) asked about foreclosures, especially a house that's half-built on Marion. He wasn't sure how or if it would survive over the next six months, and wondered if the Village's ordinances had any kind of a time limit requirement for a building to be - completed. He was also curious about the comment that the Village was looking at increasing -- commuter parking at the Metra lot. 13 Minutes of July 14, 20Q8 Board Meeting] XIII. RESIDENTS' COMMENTS (continued) Mayor Krier said that Trustee Minx was right; there are many discussions about improving the Lehigh-Ferris area, including increasing parking at the Metra lot. A parking lot in that neighborhood would relieve many of the parking restrictions now in many neighborhoods near the Metra station. However, parking lots are quite expense to build, and Metra doesn't care and won't help build it. Mayor Krier said, regarding the condition of the house that's half-built on Marion, that he would have Building Commissioner Ed Hildebrandt look into it. Ms. Liston said the Village has ordinances regarding construction timelines-she said it's available online. It's in the Municipal Code, 10-1-2, under Building Provisions, Section E. This provision states that construction must commence within six months of a building permit being issued and must proceed in a "diligent and workmanlike manner" until all work authorized by the permit is completed. In residential zoning districts, roof covering and exterior wall covering shall be completed within six months from the start of construction; in all other zoning districts, roof covering and exterior wall covering shall be completed within twelve months from the start of construction. Requests for extensions to the above time limits may be granted by the Building Commissioner upon receipt of written request from the permit holder and determination that the extension is valid under the circumstances." Mayor Krier said, the Village does enforce its ordinances, but again, if a property is in foreclosure, the Village will do what it can, legally. Mayor Krier said, regarding the telecom expense that Trustee Kogstad was inquiring about, that expense was for an upgrade authorized by the Board under Resolution 07-65, and the total contract amount is $119,825. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss personnel, labor negotiations, and real estate. The motion was. seconded by Trustee Marcus. Motion passed: 6 ayes, Q nays. Tr. Brunner awe Tr. Kogstad afire Tr. Marcus afire Tr. Minx awe Tr. Staackmann awe Tr. Thill a~ The Board adjourned to Executive Session at 9:22 p.m. Mayor Krier called the Executive Session to order at 9:33 p.m. In attendance were: Mayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present were Administrator Wade; Corporation Counsel Liston, and Community and Economic Development Director Neuendorf. There being no further business, Trustee Minx moved to adjourn the Executive Session at 10:22 p.m. The motion was seconded by Trustee Marcus and passed unanimously via voice vote. Trustee Minx then moved to adjourn the regular meeting. The motion was seconded by Trustee Marcus and passed unanimotsly via voice vote. The regular meeting adjourned at 10:23 p.m. to Minutes of July 14, 2006 Board Meeting.. PASSED this 28th day of July, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by,rhe,."~his th ~.y `of July, 2008. ! ~; ~~ gY. __. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 29th day of July, 2008. Carol A. Fritzshall, Village Clerk Village of S~hortdn Grove Cook County, Illinois Minutes by. Teresa Cousar t5