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HomeMy WebLinkAbout2008-07-28 MinutesCALL TO ORDER Village President Rick Krier called the meeting to order at 7:30 p.m: and led the assemblage in the Pledge of Allegiance. 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 July 14, 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 July 14, 2008 Regular Meeting Minutes as submitted. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS Swearing In Ceremonv for Two New Police Officers Fire and Police Commission Chairman Mike Simkins, accompanied by Police Chief Tasch and Trustee Marcus, performed the swearing in for two new police officers. Officer Timothy Walsh began his employment with the Village on June 30, 2008 and began attending the training academy on July 7t". He was raised in Hoffman Estates and graduated from St. Viator High School in Arlington Heights. Officer Walsh attended Western Illinois University, majoring in Law Enforcement and Justice Administration, and graduating with a Bachelors degree. Officer Brady Hester also began his employment with the Village on June 30'" and began attending the academy on July 7`". He was raised in Naperville and played football at Naperville Central High School. Officer Hester attended Florida State University, majoring in Sociology and graduating with a Bachelors degree. The Board and the assemblage congratulated both new officers and wished them well. Minutes. of July 28, 2008 Boartl Meetings 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. Dr. Saba Khan. Dr. Khan introduced herself and her husband. She is a periodontist who will hopefully be purchasing the property at 5821 Dempster, which is covered under Ordinance 08-27, scheduled to be voted upon later this evening. She said she felt she'd made the Vil- lage adecent offer for the property and that she intended to set up a practice with a variety of specialties. Dr. Khan said she also hoped to provide some employment opportunities to Village residents. VII. Mayor Krier read a proclamation supporting the City of Chicago in its efforts to compete for the privilege to host the 2016 Olympic and Paralympic Games, noting that Chicago is a world- class city with remarkable diversity, history, culture, and people: Trustee Marcus commented that he hoped the Village's support was "moral support" and did not involve any financial commitment. Mayor Krier said there are no requests for funding attached to this proclamation. 2. Mayor Krier noted that District 219 was requesting permission to put up a banner on Dempster by Harrer Park in honor of Niles West's 50`h anniversary. Mayor Krier granted the request. 3. Mayor Krier did a little "commercial" for the Park District, noting that the Park District is doing a ' long-term surveyors its pools and they're seeking community input:` There i5a meeting at Prairie View Center on Thursday, August 14, at 7:00 p.m. to discuss this. Mayor Krier assured the assemblage that there are no plans to close either of the Park District's pools. 4. Mayor Krier presented Ordinance 08-25, Amending Title 6, Chapter 2 Entitled "Deadly Weapons" of the Municipal Code of the Village. This is the second reading of this ordinance, Mayor Krier 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 to impose reasonable regulations on the possession of firearms. Minutes. of Juiy.28, 2008 Board Meeting VII. PRESIDENT'S REPORT (continued} 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 5/24, sections 1, 2, 6, and 9. Section 1 makes it unlawful to possess certainly 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 transport a weapon unless it is broken down in a nonfunctioning state or not immediately accessible. Further, it is unlawful for a person to possess certain unusual or dangerous fire- arms, 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. 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. Trustee Staackmann moved to approve Ordinance 08-25, seconded by Trustee Minx. Mayor Krier asked the Board if any residents wished to comment on Ordinance 08-25. a. Peggy Friewer, 5848 Cleveland. Mrs. Friewer noted that she was present at the June 1981 where the original ordinance was approved. She said she was very sad to see this Board contemplating approval of this ordinance to repeal the handgun ban. She said her under- standing was that the Supreme Court's ruling does noY"affect home°rule municipalities°so there didn't seem to be a reason to do this. Mrs. Friewer said she had heard that the Village was fearful of being sued, and pointed out that the Board was sued in 1981, and the case was taken to the highest court in Illinois, where it was upheld. She did. not feel that this Board should back down, and felt there was no reason for anyone to ever have a handgun in their home. b. Jean and Jennifer Bishop. Jean Bishop introduced herself as being the head of the Steering Committee for the North Suburban Chicagoland Million Mom March, an organization with members in Morton Grove and other North Shore communities, including Wilmette and Win- netka, which are facing the same decision as Morton Grove (whether or not to repeal the handgun ban). Jennifer Bishop is the National Program Director for the Victims and Survivors of Gun Violence, the James Brady campaign. They were at the meeting to ask the Board to consider taking "no action" this evening. They said that nothing "legally" needs to happen at this point, as the Supreme Court's ruling does not pertain to state and local laws. The majority opinion actually states that nothing in the ruling should affect any "long-standing prohibitions'. In fact, there is a significant amount of regulation that can be done. Ms. Bishop said that she was aware that the Village had been in contact with the national organization, Legal Commu- nity Against Violence, a group whichhas a package of Taws and model ordinances that the Village could choose to use as a replacement for its current ordinance. Minutes of Jui 28;.2008 Board Meetin VII. PRESIDENT'S REPORT (continued) Ms. Bishop pointed out that a benefit of licensing and registration is that when law enforce- ment personnel go into someone's home, they will know who has firearms and who does not. She encouraged the Village to wait and take a look at some of these new Taws and model or- dinances being developed-that's what Winnetka decided to do. Wilmette did vote to repeal their ordinance, although they acknowledged that the Supreme Court ruling does not apply to Winnetka. If the Village repeals its ordinance without any licensing or registration in its place, how will a parent know whose home has a gun in it, when they send their children over to play at that house. Ms. Bishop had copies of the Million Mom March's "Parent's Guide to Prevent- ing Gun Violence in Your Home, School, and Community" that she left with Clerk Fritzshall. c. Alice Gutenkauf. Mrs. Gutenkauf reminded the Board that, even though this is a controversial matter, there are 48 states right now that have laws allowing residents to conceal and carry a firearm under very strict laws (in some cases). There are strict laws in place regarding regis- tration requirements, etc., but what isn't in place is parental responsibility. She said that it shouldn't be "just the Village° being responsible for safely having a gun at home. She said she realized that, if this ordinance is approved, it does not prohibit the Village from regulating guns, although she said she objected to "frivolous' regulations. Mrs. Gutenkauf felt that, when someone's allowed to have a gun in their home, they are safer than they are without one. She felt people should be allowed to have a weapon in their own homes, if they so desired. It's not a requirement; it's an allowance. She thought that people who are fervently against passage of this ordinance are afraid because they don't know anything about guns. The Board has a responsibility to the community to pass this ordinance: d. Stacey Jenke. Mrs. Jenke is a seven-year resident who says she has rifles at home in a gun safe. She felt that gun education was critical and she put her child through a gun safety pro- gram so he could learn when not to pick up a gun, how to disarm a gun, how to tell when a gun is loaded or not, and the importance of knowing that when you kill something, it's not go- ing to come back. Mrs. Jenke noted that the State of Illinois police do gun safety seminars at Bass Pro Shop. She felt that it's the parent's responsibility, not the government's, to keep children safe. She said she was not encouraging everyone to go out and gets gun, but felt that a safety plan should be proposed, along with education to understand that guns are dangerous and should be kept locked in a gun safe, or handled properly when not in a gun safe. e. Kerry Trausch, 8916 Austin. Mr. Trausch, a resident for nearly 50 years, said he felt that the handgun ordinance was against people's rights back in 1981 and still feels that way. He said he did not think there had been any accidental shootings in the Village prior to 1981. He cited the case of the Wilmette man who protected his family with a gun, in spite of Wilmette's gun ban. He said that police officers go into situations thinking everyone has a weapon. Mr. Trausch said he believed the Board would be doing the right thing, the Constitutional thing, by approving this ordinance. f Dan Wolinsky: Mr. Wolinsky, a lifelong resident, noted that, while it's true that police are trained to go into situations expecting the worst, over time, they relax, and that's when a criminal would be likely to turn a gun on then. He said that he did not feel that licensing and/or registration would be beneficial. He felt it was in the Village's best interests not to fight the Supreme Court's ruling, but rather, to repeal its ordinance. A9inutes of Jui 28; 2008 Boatd Meetin: VII. PRESIDENT'S REPORT (continued) g. Dr. Donald Szachowicz, 6734 Beckwith. Dr. Szachowicz said he is a 40-year resident of the Village and commented that he didn't like "outsiders" (i.e., the ladies from Wilmette) coming into Morton Grove to "tell us what everyone else is doing" and to tell the Village what to do. He added, "You don't see the NRA here." He found that interesting. Dr. Szachowicz felt that he should be allowed to protect himself and his family in his own home, and felt it was logical for everyone to have that right. He thought there was something wrong if Americans couldn't defend themselves in their own homes. He hoped the Board wouldn't listen to outsiders telling them how to vote. h, Paul Stanton, 9424 Ozanam. Mr. Stanton said that he was not anti-gun, he was anti-stupidity. There is firearm training. available and it makes a big difference. He felt that more communi- cation was needed. Mr. Stanton, a deacon in the Catholic Church, applauded the Board for not wasting taxpayer dollars on fighting this issue. He felt that more discussion about each other's fears was more appropriate. Ken Viane, 8928 McVicker. Mr. Viane urged the Board to vote on Ordinance 08-25 as written; it's well done and he felt counsel did an excellent job putting it together. He brought in a newspaper clipping from 1981 that stated, "In 1980, crime in Morton Grove dropped by 9%." That was prior to the gun ban being enacted. He also noted that the gun ban didn't stop a theft at the Morton Grove office of the Niles Savings and Loan; the theft occurred in December of 1981. Mr. Viane said, "This is the history that wasn't brought up." Trustee Brunner said that she heard what everyone's saying, but she also noted that the Supreme Court let 70 years go by before they took on a case of gun rights for individuals. She said she appreciated the hard decision made by the Board in 1981. She thanked the Million Dollar Mom and Brady Campaign representatives for attending tonight, even though they are outsiders. She felt that they do a lot of good work and research into gun laws and regulations. Trustee Brunner felt that people had a misconception of what gun licensing and gun regstra- tion is in the State of Illinois. Gun licensing only allows you to have a card stating that you can own a gun. Licensing involves doing a background check but doesn't require that a person be trained to use a gun and it doesn't involve any fingerprinting. Licensing renews every five years. She said that a person could buy a gun and commit a felony, and still own the gun until they go to jail. Licensing doesn't provide much safety for the general public. Registration, however, allows for the tracing of handguns; for the sale and transfer of guns to be recorded. She agreed that she wouldn't want the Village's police officers to depend on licensing and registration when going into any type of situation-she felt it made sense for them to go in expecting any of the parties involved to have a weapon. Trustee Brunner said she was still researching whether or not it made sense for Morton Grove to have any provisions regarding licensing and registration; she said she didn't feel any support from the Board in this matter though. She said she understands that criminals aren't going to license or register their guns... but illegal guns come from somewhere. Illinois state law does not require a person to report a stolen gun or to record the sale of a gun to another person. If a gun were used in a crime, if there was registration in the State, the serial number of the gun could be used to trace the gun to its original owner. Minutes of Jui 28; 2008 Board Meetin VII. PRESIDENT'S REPORT (continued) Trustee Brunner agreed with both Ms. Bishops that the Village was possibly acting in haste with tonight's ordinance. She noted that Evanston is considering an ordinance restricting ownership to the home. Morton Grove's is somewhat broader. She said she wasn't proposing any amendments tonight, and said she wished the Board could "take a step back tonight and wait it out." Trustee Staackmann said he appreciates the courage the Board showed in 1981 in "a noble experiment". He said that, truthfully, he didn't know whether the handgun ban made Morton Grove a safer place or not, and cited Chicago's gun and crime problems, in spite of the fact that Chicago also has a gun ban. He said the problem is that bad people will always have guns. He pointed out that the Village doesn't have the resources to fight this. Trustee Staackmann said it was ironic that Morton Grove was the first town to institute a handgun ban while maintaining a handgun shooting range within its boundaries. He felt that the Board is doing the right thing tonight, adding that he'd be open and willing to any viable restrictions that would make the Village a safer place in the future. Mayor Krier said that the discussion tonight and two weeks ago has made him proud. He said he's proud that the residents have shown respect and decorum in these two hearings despite the emotional nature of the issue. It's what has made Morton Grove one of the ten best places to live. Trustee Marcus echoed Trustees Brunner and Staackmann in their appreciation of the 1981 Board's courage. He said that he, too, was glad to hear both sides of the issue expressed by residents respectfully. He said he looks at this decision as being at the core of being an elected official who has sworn to uphold the Constitution. He felt the Village should support the Supreme Court's decision, noting that the Village will always have the opportunity to review this ordinance again from time to time in the future. Trustee Marcus felt this was the best decision on how to handle this issue at this time. Trustee Kogstad noted that individuals have a Constitutional right to have a firearm and to use it for self-defense. Governments are permitted to regulate the sale of said firearms. The Supreme Court has sent a-clear message that individuals"rights'cannot be infringed upon- this is a fundamental right. Trustee Kogstad said that "this is a historic decision" and said he .believed the Supreme Court had done the right thing. Trustee Thill said that perhaps national education should be considered, similar to driver's education. Drivers must take a vision test and a driving test...with guns, they should take classes and demonstrate shooting range skills. He noted that an initiative like this would have to "start at the top'. Mayor Krier called for the vote on Ordinance 08-25. Motion passed: 5 ayes, 1 nay. Tr. Brunner ~ Tr. Kogstad ~e Tr. Marcus Tr. Minx ~ Tr. Staackmann a rye Tr. Thill aye VIII. CLERK'S REPORT Clerk Fritzshall had no formal report, but noted that she is partnering with the Morton Grove Public Library to encourage voter registration. People interested in registering to vote can come to the Library and do so on Wednesday evenings from 7:00 p. m. to 9:00 p.m. during the month of August.. Village Hall is also open on Thursday evenings from 5:00 to 8:00 p.m. and people can come to register there as well. Minutes of Jul 28,2008 Board Meetin ` IX. A. Village Administrator Mr. Wade had no report. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: STAFF REPORTS TRUSTEES'REPORTS Trustee Brunner presented 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. This is the second reading of this ordinance. Trustee Brunner 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 df this property will result in multiple benefits to the Village, including re- habilitating avacant store;' providing'lmmetliate'revenue,'and generating real estate and other taxes. The ordinance was amended at the last Board meeting to reflect that all proceeds from the sale of this property will be set aside and used only for Dempster Street related projects. Trustee Brunner moved to approve Ordinance 08-27, seconded by Trustee Minx. Trustee Staackmann said he wished Dr. Khan great success, adding that he still wished that the site could have been used for retail sales. Trustee Thill said that, when he proposed the amendment to this ordinance two weeks ago, Mayor Krier had commented that his proposed amendment was an "indication to Village staff that he (Trustee Thill) didn't trust them." Trustee Thill said he didn't know where that came from; he just wanted to send a message to the businesses on Dempster Street that the Village is totally committed to the Dempster Street Improvement Project. He also thanked his fellow trustees for voting to approve the amendment. Mayor Krier called for a vote on Ordinance 08-27. Motion passed: 5 ayes, 1 nay. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus awe Tr. Minx ~ Tr. Staackmann ~ Tr. Thill aye Minutes of July 28, 2008 Board Meeting".. X. A. Trustee Brunner: (continued) TRUSTEES' REPORTS (continued) 2. Trustee Brunner noted that July is Elder Abuse Awareness month. Agencies that serve the elderly are sponsoring a campaign to promote awareness of the various types of elder abuse that can occur, such as physical, sexual; and emotional abuse. Additionally, there is also a growing phenomena of passive neglect by overstressed caregivers. Financial exploitation. of the elderly is another serious problem that is happening more often. If anyone knows of any elderly person who is being abused in any way, you can report it confidentially by calling the Illinois Department of Aging's 24-hour elderly abuse hotline (1-866-880-1409) or by contacting. the Village's social worker. B. Trustee Kogstad: Trustee Kogstad had no report. C. Trustee Marcus: Trustee Marcus had no formal report, but congratulated the new police officers, Chief Tasch, and Chairman Simkins for continually bringing competent, qualified individuals to fill the vacancies in the Village's police department. The Commission and the Chief put in many hours ensuring that the individuals hired by the Village meet the highest standards. D. Trustee Minx: 1. Trustee Minx presented"Resolution 08-43, Authorizing the Village of Morton Grove to Acquire Property Commonly Known as 6401 and:6420 Chestnut Streets Morton Grove, Illinois. She explained that this property is located within the Lehigh-Ferris TIF District and will be land-banked for future redevelopment and/or commuter parking and/or infrastructure improvements. The purchase price is $1,390,000, and according to the terms of the contract, the closing will take place on or before September 30, 2008, and the properties shall be vacant at the time of the closing. Trustee Minx moved to approve Resolution 08-43, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~e Tr. Kogstad afire Tr. Marcus awe Tr. Minx ~ Tr. Staackmann awe, Tr. Thill a~+e Next, Trustee Minx presented Resolution 08-46, Tax Abatement Resolution for 2007 Tax Levy Relating to Ordinance 07-26. She said that this resolution authorizes an abatement of taxes levied for 2007 which are collected in 2008 in the amount of $398,667. Minutes of July 26,2eD8 Board Meeting X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) The passage of this resolution is necessary to authorize and direct the Cook County Clerk not to collect property taxes for interest payments in this amount due in 2008 representing Debt Service on the 2007 General Obligation Bonds. Trustee Minx moved to approve Resolution 08-46, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill 3. Trustee Minx then brought forward Resolution 08-47, Tax Abatement Resolution for 2007 Tax Levy Relating to Ordinance 07-33. This resolution will reaffirm the Village's tax levy after abatement in the amount of $11,852,246, as approved by the Village Board pursuant to Ordinance 07-33. Trustee Minx said that the Cook County Clerk has requested that the Village Board pass this abatement resolution to reaffirm the correct levy amount, as amended, since the final adopted levy ordinance (Ordinance 07-33) provided for a reduction in the levy from the amount as originally presented in the amount of $45,900, and the supporting documentation was different from the final levy amount. This affirms that the Village's total tax levy, after abatements, is $11, 852,246. Trustee Minx moved to approve Resolution 08-47, seconded by Trustee Thill. Trustee Kogstad noted that tonight's Agenda listed this tax abatement resolution as relating to Ordinance 07-30, not Ordinance A7-33. He wondered if that presented a problem. Corporation Counsel Liston responded that the Ordinance is correct, and that's what the Board is voting on-not the Agenda. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner a rye Tr. Kogstad afire Tr. Marcus Tr. Minx aye Tr. Staackmann aye Tr. ThiII aye E. Trustee Staackmann: Trustee Staackmann presented 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 Manage- mentAgency." This is the second reading of this ordinance. Trustee Staackmann 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 Vil- lage. The Village has benefited greatly from the volunteer services of the members of the Emergency Services and Disaster Agency. Minutes of Jul 26', 2008 Boartl Meetin ' X. TRUSTEES' REPORTS (continued) Trustee Staackmann: (continued) The Agency's functions have been codified in Title 2, Chapter 6 of the Municipal Code. Re- cent changes to a variety of federal and state requirements and guidelines 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. Trustee Staackmann moved, seconded by Trustee Minx, to adopt Ordinance 08-26. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad afire Tr. Marcus Tr. Minx a~ Tr. Staackmann ~ Tr. Thill Trustee Staackmann thanked the department heads and John Hill for their work on this ordi- nance and for all their efforts on the Village's behalf. Trustee Staackmann also thanked Corporation Counsel Liston, Building Commissioner Ed Hildebrandt, and Public Works Director Andy DeMonte for trying to get the grass cut in the parkway of several residences that are up for foreclosure. He said residents need to know that there are many restrictions to the Village doing this, but it is doing whatever it can to help keep neighborhoods looking presentable. Trustee Thill 1: Trustee Thill presented foPa'first reading Ordinance 08=28, Revisions to Title 12, Chapter 14 Entitled "Flood Damaage Prevention". He explained that, in order to participate in the National Flood Insurance Program, the Village adopted the Flood Damage Prevention ordinance to be compliant with federal regulations. This ordinance seeks to minimize potential losses due to periodic flooding. Within the ordinance, several references are made to flood studies and maps that identify the flood boundaries and floodways within the Village. These studies and maps are periodically updated, and in orderto remain compliant, the Village must adopt the most recent version of these maps and studies. This ordinance updates the most recent version of these maps and flood studies to August 19, 2008. Trustee Kogstad asked about that particular date and if there were going to be new maps. Public Works Director DeMonte said that August 19, 2008 is the date the maps have to be turned in to the State of Illinois in order to remain compliant. He said the Village's flood boundaries and floodways really have not changed, but new maps will be drawn up and submitted. to Minutes of July 28,.2008 Board Meeting' X. TRUSTEES' REPORTS (continued) Trustee Thill: (continued) Next, Trustee Thill presented Resolution 08-44, Authorizing the Execution of a Contract with Complete Asphalt Service Company as a Participant of the Northwest Municipal Conference 2008 Crack Sealing Program. He explained that the 2008 Crack Sealing Program is necessary to maintain and extend the service life of the roadway pavement throughout the Village. Each year, the Village contracts with a crack sealing contractor through the Northwest Municipal Conference in a joint purchasing program to take advantage of economies of scale for pavement maintenance. The estimated project cost is $20.,000, but, since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-44, seconded by Trustee Minx. Trustee Marcus asked if the Village pays for this or is it covered by funds the Village receives from the State. Administrator Wade responded that the Village pays for this: it is not covered by the State. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tc Kogstad ~ Tr. Marcus Tr. Minx awe Tr. Staackmann awe Tr. Thill aye 8. Trustee Thill then presented Resolution 08-45, Authorization of a Contract with J.A. Johnson Paving Company for the 2008 Street Patching Program. Again, this program is necessary to provide site-specific repairs on streets in the Village. The project includes various streets and locations throughout the Village. The estimated contract value is $64,900. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-45, seconded by Trustee Minx. Trustee Kogstad noted that there was a huge variance between the high and low bids, as presented. He wanted to be sure that the Village was definitely getting everything it asked for, and that the contractor would not come back and say it needed more dollars because something hadn't been included. Public Works Director DeMonte said the Village has seen these types of variances before. He said the Village has worked with this company before and he felt they were just "hungry' for the work. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus a rLe Tr. Minx afire Tr. Staackmann ~ Tr. Thill XI. OTHER BUSINESS NONE 11 ~ Minutes of July 26, 2008 Board Meeting X. F. Trustee Thill: (continued) TRUSTEES' REPORTS (continued) 2. Next, Trustee Thill presented Resolution 08-44, Authorizing the Execution of a Contract with Complete Asphalt Service Company as a Participant of the Northwest Municipal Conference 2008 Crack Sealing Program. He explained that the 2008 Crack Sealing Program is necessary to maintain and extend the service life of the roadway pavement throughout the Village. Each year, the Village contracts with a crack sealing contractor through the Northwest Municipal Conference in a joint purchasing program to take advantage of economies of scale for pavement maintenance. The estimated project cost is $20,000, but, since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-44, seconded by Trustee Minx. Trustee Marcus asked if the Village pays for this or is it covered by funds the Village receives from the State. Administrator Wade responded that the Village pays for this; it is not covered by the State. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner a~+e Tr. Kogstad aye Tr. Marcus Tr. Minx afire Tr. Staackmann afire Tr. Thill awe 8. Trustee Thill then presented Resolution 08-45, Authorization of a Contract with J.A. Johnson Paving Company for the 2008 Street Patching Program. Again, this program is necessary to provide site-specific repairs on streets in the Village. The project includes various streets and locations throughout the Village. The estimated contract value is $64,900. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-45, seconded by Trustee Minx. Trustee Kogstad noted that there was a huge variance between the high and low bids, as presented. He wanted to be sure that the Village was definitely getting everything it asked for, and that the contractor would not come back and say it needed more dollars because something hadn't been included. Public Works Director DeMonte said the Village has seen these types of variances before. He said the Village has worked with this company before and he felt they were just "hungry" for the work. Upon the vote, the motion Tr. Brunner awe Tr. Minx afire passed: 6 ayes, 0 nays. Tr. Kogstad afire Tr. Staackmann awe Tr. Marcus Tr. Thill awe XI. OTHER BUSINESS NONE tt Minutes: of July 28, 20086oard Meeting{ XII. WARRANTS Trustee Minx presented the Warrant Register for July 28, 2008, in the amount of $664,925.78. She moved to approve the Warrants, seconded by Trustee Thill. Trustee Thill asked about a $205,000 payment to Alliance Contractors for the Dempster Street Improvement Project. He wondered what that payment was for. Finance Director Partipilo said that was the second payment on the demolition for the parking lot. Trustee Kogstad noted that, for that payment, the Warrants said "source of funds: to be reim- bursed from federal grant". He wondered if the Village had received that money, and if not, is it guaranteed to be received. Ms. Partipilo said the Village had received some funds but she wasn't sure about the funding for this particular item and she would have to check with Ryan Gillingham, who was keeping detailed records on this matter. Administrator Wade said that there would be a report from Mr. Gillingham in the next Board packet. Trustee Thill also asked about a payment of $873 to AD Warning Tiles; he wondered what that was. Public Works Director' DeMonte said it was for plastic inserts that the Village puts in at handicapped walks. Trustee Marcus complimented Mr. Wade and Ms. Partipilo and their departments for always being able to answer the Board's questions about the Warrants. Mayor Krer called for the vote on the Warrants. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad a~ Tr. Marcus aye Tr. Minx a~~e Tr. Staackmann ~ Tr. Thill XII1. RESIDENTS' COMMENTS a. Nancy Canning. Mrs. Canning said that, over the 4'" of July weekend, a couple of incidents occurred on her street necessitating a phone call to the police non-emergency line. She was then asked to call`9-1-1 and the call was responded to very promptly: She ttad`occasion to call again a couple of weeks later and again, the call was responded to promptly. Mrs. Canning said it made her feel good that she can call and get an immediate response,. even on a holiday weekend b. Anew resident wanted to clarify something. He said that last year, he had a flood in his house. He said that, before he had purchased ih Morton Grove, he had done some research on the topography of Morton Grove and bought his house at Harlem and Greenwood, north of Dempster, because it was on the highest point in the Village. Yet last September, there was two feet of water'ih tiffs street. He wondered if the storm sewers go to the Deep Tunnel, and also wondered how the VIIIage takes care of storm sewers to avoid flooding-especially in an area where there should never be flooding. He also wondered if a Deep Tunnel computer malfunction was a possible reason for the flooding. Public Works Director DeMonte responded. He said that the Deep Tunnel is for the sanitary sewers; however, storm water gets into the sanitary sewers through cracks in joints. The Deep Tunnel is just to relieve sanitary sewers and is controlled by the Metropolitan Water Reclamation District (MWRD). Storm sewers in Morton Grove go directly to the river. Mayor Krier asked Mr. DeMonte who controls the valves. 12 Minutes ofJuly 28, 20086oard Meeting. XIII. RESIDENTS' COMMENTS (continued) Mr. DeMonte said there are no controls as far as storm sewers go. With the sanitary sewers, there are valves, but they are controlled by the MWRD. They have the control because the sanitary sewer water goes to them for filtration. Sometimes the valves open to Lake Michigan, sometimes to the north branch of the Chicago River. Mr. DeMonte said it's all up to the MWRD. He noted that the gentleman had said he lived at Harlem and Greenwood, and said that the storm sewer is separate from the sanitary sewer in that area. Mr. DeMonte felt that the flooding the gentleman was referring to was the result of a very severe late August/early September storm that was accompanied by very intense rain in a very short period of time- it was simply too much water for the sewers to handle. Trustee Thill said he also thought there was a line off of Churchill that was clogged at that time. Mr. DeMonte agreed and noted that that line has since been cleared. Trustee Marcus thanked the resident for coming to the Board and asking his questions. He said there's nothing more frustrating than having your house be flooded. He appreciated the man coming in to "talk to the experts". XIV. ADJOURNMENTIEXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn. The motion was seconded by Trustee Thill. The motion passed unanimously via voice vote. The meeting adjourned at 8:50 p.m. 13 Minutes of July 28; 20o86oatd Melting PASSED this 11th day of August, 2008 Trustee Brunner ~ "- _ Trustee Kogstad ~ ~ - Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill ,A,PPROVED kiy thpis 11 da'~y of August, 2008. Richard 1Crier, Village President Board of Trustees, Morton Grove, Illinois AP/P,~RO/VED and FILED in my office this 12th day of August, 2008. Carol A. Fritzshall,Village Clerk Village of Morton Grove Cook County, l!lindis Minutes by. Teresa Cousar 14