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2007-11-12 Agenda
AGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER November 12, 2007 Meeting 7:30 ptn 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes - Regular Meeting, October 22, 2007 Budget Workshop -October 24, 2007 Budget Workshop -October 27, 2007 Town Hall Meeting -October 29, 2007 Budget Workshop -November 1, 2007 5. Public Hearings 6. Special Reports a. Plan Commission Case PC07-07 Requests a Special Use Permit to Construct Three Microwave Dish Antennas and Support Equipment at the Address Commonly Known as 8323 Nagle Avenue to be Presented by Plan Commission Chairperson Ronald Farkas 7. Resident's Comments (agenda items only) 8. President's Report-Administration, Northwest Municipal Conference, Council of~Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Proclamation -Affordable Housing Month -November 2007 b. Appointments 9. Clerk's Report -Condominium Association, Ad~~isory Commission on Aging 10. Staflf Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trnstee Brunner -Legal, Family and Senior Services Department, Cable and Telecommunications Commission, Environmental Health, YVaukegan Road TIP Review, Solid Waste Agency of Northern Cook County (Trustee Kogstad) 1) Ordinance 07-30 (Introduced October 22, 20Q~ L^stablishing Title 4, Chapter 17A F,ntitled Cab1e/Video Service Provider Fee acid PFG Access Support Fee in the Village b. 'Trnstee f~ogstad - Community Relations Commission, Comprehensive Plan, Advisory Commission on Aging (Trustee Mina:) c. Trnstee Marcus -Pollee Department, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) d. Trustee Minx -Finance Department, Real Estate Committee, Plan Commission, Perris/Lehigh TIF Review, Fire Department, RF.D Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Confer°ence (Trustee Staackmann) 1) Ordinance 07-31 (Introduced November 12, 2007) Crranting a Special Use Permit in the Village for Property Located at 8323 Nagle Avenue for a Commercial Wireless Antenna Installation 2) Ordinance 07-32 (Inb~oduced November 12, 2007} Adopting the Budgets for all Corporate Purposes of the Village of Rylorton Grove and the Morton Grove Library Effective January 1, 2008 and Ending December 31, 2008 e. Trustee Staackmann -Building Department, Appearance Commission, ESDA, IT/Communications, Dempster Street Corridor Plan (Trustee Brunner) £ Trustee Thill -Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County (Trustee Marcus) 12. Other Business 13. Presentation of Warrants - $1,734,474.69 14. Resident's Comments 15. Executive Session -Personnel, Labor Negotiations,. and Real Estate 16. AdjOUrnment - To ensure full accessibildty arad 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 ~~ho have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220) prompily to allow the f~illage to make reasonable accommodations. CALL 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 Fritzstiall called the roll. Present were: Trustees Georgianne Brunner, Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. Trustee Roy Kogstad was absent. III. APPROVAL OF MINUTES Regarding the Minutes of the October 8, 2007 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. There were none. Trustee Minx moved, seconded by Trustee Marcus, to approve the October 8 Regular Meeting Minutes as presented. Motion passed unanimously via voice vote. Regarding the Minutes of the October 15, 2007 Special Meeting, Mayor Krier asked if anyone had any changes or corrections to these Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Marcus, to approve the October 15, 2007 Special Meeting Minutes as presented. Motion passed unanimously via voice vote. IV. ~ PUBLIC HEARINGS NONE V. SPECIAL REPORTS Swearing-in Ceremony for New Firefighter/Paramedic Fire and Police Commission Chairman Mike Simkins, along with Trustee Minx and District Chief Joe Paczosa, performed the swearing-in ceremony for a new firefighter/paramedic, Garrett D. Wagner, who was joined by his wife, Kelly. Chairman Simkins noted that Firefighter Wagner scored near or at the top of the list in the writ- ten exams. He began his employment with the Village on October 10~" and began attending classes at the Arlington Heights Fire Academy on October 15`h " Minutes of Dctobe~22, 2007 Boats Meetin' V. SPECIAL REPORTS (continued) Chairman Simkins said that Firefighter Wagner will have about ten weeks of training and orientation before he's assigned td a shift. He will then begin paramedic school in January. Chairman Simkins provided some background on Firefighter Wagner. He was born and raised on the northwest side of Chicago and graduated Notre Dame High School in Niles. He at- tended Southern Illinois University and graduated with a degree in Business Administration. The Board congratulated Firefighter Wagner as his wife pinned on his badge. Presentation from AT&T re aq rding Proiect Lightspeed Mayor Krier said that, since the new legislation was passed by the Illinois General Assembly this past June, AT&T has applied for permits. He thanked the members of the Cable & Tele- communications Commission and introduced two members in attendance this evening: Chairman Don Sneider and Commissioner Ron Fine. Mayor Krier then turned to Jerry Mytych, Director of External Affairs for AT&T, to give an overview regarding their build-out. Mr. Mytych said that AT&T already has a 22-state footprint and is spending $9 billion on Project Lightspeed-between $750-$850 million in Illinois alone. He explained that this project consists of three elements: high-speed internet, improved telephony, and a video product that will compete with cable. AT&T is already building in 225 Illinois municipalities. The "controversial" part of Project Lightspeed is the video-ready access devices (v-rad). These are cabinets of varying sizes that must be placed in close proximity to the boxes that provide phone and internet. The size of the cabinet is based on the number of living units being served. Mr. Mytych said that Village Administrator Joe Wade had asked him to touch on several points. One is the timeline for the build-out. Mr. Mytych said that the new law requires that 35% of Illinois be built out within three years. He said that the vast majority of Morton Grove would be completed in 2008 and 2009. AT&T is required to comply with all local ordinances that apply to all utility companies that work in public rights-of-way. Another point is notifica- tion. Mr. Mytych said that AT&T would put door hangers on residences 48 hours prior to construction. The construction period itself is approximately 4 to 8 weeks. As far as "screening" the cabinets, AT&T has three approaches to screening. Most of the municipalities they are working in like their landscaping approach. Trustee Brunner asked if AT&T is planning to install 30 cabinets in Morton Grove. Mr. Mytych said yes, or more-there are no approved permits yet. The build-out in Morton Grove will be staggered throughout 2008 and 2009, but AT&T is willing to sit down and talk about that. Mayor Krier asked Mr. Mytych to explain more about the build-out and the installation of the cabinets. Trustee Brunner asked if all the residents would receive the service. Mr. Mytych said that a vast majority would. He pointed out that this is a residential project and a huge in- vestment for AT&T. He said he hoped it would be available to all residents within three or four years. Trustee Brunner asked, if residents can receive phone, internet, and cable service from Comcast without having to have a big cabinet, why does AT&T nzed these big cabinets? Mr. Mytych responded that it's a different technology, a different internet protocol. Each cabinet has approximately $150,000 worth of electronics. Trustee Brunner asked why they couldn't make it all fiber optic. Mr. Mytych said that AT&T is trying to use the existing infra- structure rather than tear up everyone's yards. Trustee Brunner asked about AT&T providing community/PEG access, pointing out that municipalities would need special equipment. Mr. Mytych replied that the legislation says that AT&T has to bear that cost. Minutes of Dctober22, 2007 Board Meeting V. SPECIAL REPORTS (continued) Trustee Brunner asked what the cost of the service would for residents. Mr. Mytych said that the price would depend on the package being purchased. He assured the Board that AT&T's prices would be "competitive" because they are "the new kids in town". Trustee Thill asked about the "business sense' of not doing the whole community. Mr. Mytych said that AT&T has to follow the way their network is configured. They want to be where the highest density of residential living units is. He felt that Morton Grove was "in good shape" as far as having AT&T service available to everyone at some point in time. Trustee Marcus asked if AT&T would provide senior citizen discounts. Mr. Mytych said they weren't planning on it because it becomes difficult to identify who the senior is. Trustee Marcus also asked where residents could go if they had complaints. Mr. Mytych pointed out that the consumer protection items are quite strong in the new legislation, plus the company has to follow the municipality's ordinances. Trustee Marcus asked if it was possible that an- other competitor might come in, and AT&T might decide to pull qut...what would happen to all those cabinets? Mr. Mytych stated that AT&T would not pull out-the investment the company is making is for its future. He added that the cabinets help deliver three different services. Trustee Marcus asked if a competitor could "tag on" to AT&T's system. Mr. Mytych said it's not really built to allow that, adding that it was a possibility that, somewhere down the line, AT&T could negotiate with another company. Mayor. Krier said that residents could come forward with questions for Mr. Mytych. Don Sneider. Mr: Sneider asked if AT&T will comply with the Village's cable ordinance, inasmuch as the company is supposed to comply with the municipality's ordinances. Mr. Mytych asked if the Village's cable ordinance would be updated based on the new State legislation. Mayor Krier said that it would. According to the legislation, AT&T is not a cable company and therefore would not be subject to the Village's (or the States) cable Taws. Mr. Sneider said he was concerned about the lack of an "even playing field". He said he was in favor of having competition but concerned about the inequities, i.e., the cable company hav- ing to build out 100% of the town and AT& T not having that requirement. Mr. Mytych said he could noY"guarantee" that AT&T would build out to serve ever single residential customer-at least not within the next two years-but that, at some point, every residential customer would likely have the opportunity to choose AT&T's video, Internet, or phone services. He empha- sized that AT&T will follow all of the municipality's right-of-way rules. Mayor Krier said that Comcast is very concerned aboufhaving a level playing field. However, the new legislation permits cable providers such as Comcast to "opt out" of being considered a cable provider and instead be considered a "holder", similar to AT&T. Mayor Krier said the Village has not yet re- ceived an indication from Gomcast as to whether they plan to "opt out" or not. Mr. Sneider pointed out that most residents in Morton Grove have Comcast or satellite. He wondered how AT&T would "entice" customers to change to its service. Mr. Mytych said that, before ATBT launches in the Chicago market (in March 2008), the enticements will be there. AT&T will be opening up a couple of "millennium" AT&T stores (one in Oak Brook} where Lightspeed will be demonstrated. He said that ATi~T would be providing more high-definition entertainment, four-stream DVR recording, web and mobile access to DVRs, built-in picture- in-picture, one-touch access to video on demand, fast channel changing, and more. Mr. Mytych said the system would enable a customer to turn off the TV from their cell phone if they were out of the house. He said that he would keep Village Administrator Wade apprised of where the other millennium stores will be so that that information can be passed along to residents. Minutes of Dctober22, 2007 Board Meeting V. SPECIAL REPORTS (continued) Trustee Brunner asked what general percentage of Morton Grove would be turned on in the first two years of the build-out. Mr. Mytych said it was proprietary information that couldn't be shared in a public meeting, but that he would be willing to discuss it in private. Ron Fine. Mr. Fine said that he had read that AT&T would charge $44.95 per month for basic service-that's an absurd amount for seniors on a fixed income to pay. He pointed out that 40% of the residents in the Village are seniors. They have a hard enough time paying the $8 per month that Comcast charges for local reception service (channels 2-23). Mr. Fine strongly urged AT&T to Zook further at offering a senior discount. He also commented that AT&T is fol- lowing the footprint of its DSL service-many residents will be excluded (including himself) because they "can't" receive DSL. Mr. Fine said he was told he was "on the list" but ~r~as excluded because he's "1,000 feet over the border". Mr. Mytych responded that, when AT&T first came out with DSL, they were going 18,000 cable feet out; then it was down to 14,000 cable feet, but now it's back up to 18,000. He said there is a relationship to DSL but it will be a greater build-out for Project Lightspeed than DSL. The vast majority of living units will be built-eut in the first two years; the remaining living units will be later. Mr, Fine asked, with all the commitment AT&T has to its customers, why not use a repeater for DSL? Mr. Mytych said that there are certain restrictions on what he can say in public; but pointed out that DSL ser- vice is provided by Project Lightspeed. As for the senior discount, Mr. Mytych said he didn't realize the percentage of the population that was seniors was that high, and said he understood the need for a senior discount, but couldn't promise anything this evening. Another resident related a similar experience to Mr. Fine's, about not being able to receive DSL service because of being "too far away". Mr. Mytych said he receives many phone calls about people who can't receive a particular service. He said he's happy to look into each case on an individual basis. Mayor Krier asked Mr. Mytych, "Is this related? If a resident can't get DSL now, will they have problems receiving this new product?" He replied, "No, this will cor- rect #hat; this new product will deliver DSL." James Schmidt. Mr. Schmidt asked if this was different from AT&T U-verse? He also wanted to know if fiber to the v-rad boxes would be disruptive in terms of trenching, or would it be above ground. He asked if the voice product continue to be atariff-regulated product. And he noted that he considers "water, gas, and phone" the only "reliable" utilities he has... he won- dered if he'd be losing any part of that reliability in his voice product; would it still be consid- ered to be analog-based. Mr. Mytych answered that it would be analog for the voice product; it will be atariff-regulated product; as for trenching,. they are directional-bore but will work with the village and the residents on that. It's covered under the permits. And yes, it is the U-verse product. It's the same copper pairs; but the whole network is being rejuvenated to be better and more reliable. Norma Rosen. Mrs. Rosen said she was unclear about where the cabinets are being placed, will they be placed on personal property or in the right-of-way? Mr. Mytych said they were being placed in the rights-of-way or public easements; they are not looking at private property-basically, wherever the cross-box is. Mayor Krier said that, on the Village's Web site, the placement of 32 cabinets is shown. The plan, although preliminary, is "very close". Another resident said that she had seen the list on the Village's Web site and wondered if there would be more cabinets. Mr. Mytych said the address shown is the closest to the cross- box; the cabinet placement could be moved around somewhat. The resident asked if this was "optional" for residents. Mayor Krier said the placement of the cabinets is not optional, but residents' purchase of the product is optional. Minutes of Dctober22, 20078oard Meetin V. SPECIAL REPORTS (continued) Robert Brody. Mr. Brody asked if the existing wiring in homes would have to be altered. He said that he was another resident who wanted to have high-speed DSL and was told he couldn't get it. Mr. Mytych gave Mr. Brody his business card and told him to ca!! him and he would check it out. As for the wiring, they will use the existing coax. He said AT&T uses a "white glove" approach to installation and will have over 1,000 full-time union technicians available to do the installation of this product. Mike Puzo. Mr. Puzo wanted to know if residents could see the packet of information that Mr. Mytych has provided to the trustees. Mayor Krier said that it would be available at Village Hall and possibly put it en the Web site. Trustee Brunner pointed out that the information is also available on AT&T's Web site, under "U-verse'. Mr. PAytych said that the information is somewhat premature as they are not yet actively marketing this product to residents. Eric Poders. Mr. Poders said he welcomes the competition. He pointed out that Comcast does have a local office with an on-call customer service representative. He said that the next cable meeting is November 8'h. He said he was concerned about customer service, and the safety /maintenance of the cabinets. Mr. Mytych said that customer service was addressed in the new legislation. AT&T will have U.S.-based customer service centers for this product. As far as maintenance, there are three programs of landscaping that the Village will be able to choose from. Great effort has been taken to protect individuals. A resident noted that she, too, could not receive DSL service. She also asked if she had to receive all three services or could just choose one. Mr. Mytych said she could just choose one. He promised to look into her case to see why she couldn't receive DSL service but that it might take some time before he got back to her. Bill Grear. Mr. Grear thanked Mr. Mytych for his patience and said that, because of his professionalism, he was looking forward to trying the new product. Mr. Mytych said that, if other questions come up, residents should relay them to Mr. Wade who could forward them to him. He said AT&T was looking forward to building in Morton Grove as soon as they possibly could. Mayor Krier also thanked Mr. Mytych for his patience. VI. RESIDENTS' COMMENTS (Agenda Items Only) NONE VII. PRESIDENT'S REPORT Mayor Krier encouraged the assemblage to participate in the Holidays for Heroes project, sponsored by the Police Department. Lists of needed utility items for service people in Iraq are available and there are collection boxes located at Village Hall and throughout the Village. The project ends at the end of October. Mayor Krier said that some of the boxes are already pretty full, and several police officers have committed to purchasing needed items if they aren't donated. Kappy's Restaurant has offered to pick up the cost of shipping these items to Iraq. If anyone has any questions, they should call Freya at the Police Department non- emergency number: (847) 470-5203. Minutes of pctober22; 2007 Boats Meeting VIII. CLERK'S REPORT Clerk Fritzshall announced that early voting would take place between January 14 and January 31, 2008 between the hours of 8:30 a.m. to 5:00 p.m. Monday through Friday and from 9:00 a.m. to noon on Saturdays. Voting will take place at Village Hall. People can also vote on Sundays between 9:00 a.m. and noon at any of the five Cook County courthouses, or downtown at the County Clerk's office, 69 West Washington. The primary will be held on February 5, 2008. The County is still looking for judges-regular election judges and equip- mentjudges. If anyone is interested, they can call (847} 673-7779 to be a Democratic judge or (847) 675-6745 to be a Republican judge. IX. A. Village Administrator STRFF REPORTS Mr. Wade reminded the assemblage that the final Town Hall Meeting of 2007 would be held on Monday, October 29, at 7:00 p.m. at Austin Park field house. All are welcome. Mr. Wade announced that two Budget Workshops have been scheduled: Wednesday, October 24, at 6:00 p.m. and Saturday, October 27, at 9:00 a.m. He gave a brief overview of the budget timeline, then asked Finance Director Danielle Partipilo to provide a "sneak preview" of the budget. Ms. Partipilo stated that the budget process began in May, after the audit. The Board reviewed the final 2006 numbers and looked at first quarter 2007 numbers. Since then, revenue projections are slightly higher than budgeted ($22.6 budgeted, $22.7 anticipated). The new collective bargaining agreements have altered some expenditures on the budget; "personnel services" has increased the most. Ms. Partipilo said that the Village will likely be looking at a total tax levy increase (including debt service) of 3.5%. She said the Village continues to see strong sales tax revenue, but real estate transfer taxes and building permit fees have decreased concurrent with economic trends. The Village is also seeing an increase in "shared" taxes, such as income tax and property tax. The total change in the General Fund is a decrease in expenditures of 1.97%. Through the collective bargaining agreements, there will be health care plan design changes which will mitigate any expected increase in health insurance costs. Pension contributions will be funded at 100% of actuarial recommendations. Ms. Partipilo said that the department heads' original requests were reduced by almost $600,000; these are looked at as deferments and reductions. The Capital Projects expenditure (for infrastructure) is expected to be $591,000. She said the hard part comes back to the Board-they have to look at the items that are being reduced or deferred, as well as other revenue streams, funding for infrastructure into the future, a funding mechanism for future capital equipment, etc. Staff will Zook to the Board to set policy on these issues. Mayor Krier thanked Administrator Wade and Finance Director Partipilo. Minutes of obtober 22, 2007 Board Meeting!, IX. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: STAFF REPORTS (continued) TRUSTEES'REPORTS Trustee Brunner presented for a first reading Ordinance 07-30, Establishing Title 4, Chap- ter 17H Entitled "CableNideo Service Provider Fee and PEG Access Support Fee" in the Village of ~Aorton Grove. She explained that this ordinance will establish acable/video service provider fee to replace revenue expected td be lost when the Village's current cable franchisee opts for a state license pursuant to the Illinois Cable and Video Competition Law of 2007. That legislation allows municipalities to adopt acable/video service provider fee and public, education, and government (PEG) access support fee of up to 5% of the service providers' gross revenue and 21 % for PEG. The Village currently receives 5% of gross receipts as a franchise fee from the Village's cable television provider, but it is anticipated that the franchisee will opt to terminate its franchise agreement with the Village, and instead, obtain a state license. This ordinance will help keep revenue at least neutral and will put the Village in a good position to capture any revenue that might come from any State cable or video providers. There was no discussion on Ordinance 07-30. Trustee Brunner said that the "Unity in Our Diversity" event on Sunday, October 14, was a great success. She congratulated the members of the Community Relations Commission and the Northwest Suburban Jewish Congregation's Anniversary Committee for putting on a great program. It was very well attended. Trustee Brunner also thanked Corporation Counsel Liston, who did a wonderful job as the moderator of the program. Trustee Brunner noted that the Cable and Telecommunications Commission would be sponsoring a telephone analysis review through the Citizens' Utility Board for any resident interested in seeing how they can possibly save money on their phone bills. There are two opportunities: Tuesday, October 30, at 1:30 p. m. and Monday, November 12, at 7:30 p. m. Both will be held at the Civic Center. B. Trustee Marcus: Trustee Marcus had no formal report. He agreed that the "Holidays for Heroes" project is a great effort for our service people in Iraq and encouraged all to participate. He also thanked the Community Relations Commission and the Northwest Suburban Jewish Congregation on putting on wonderful program, commenting, "We can accomplish so much by simply commu- nicating." Minutes of Dcto6er22, 20t176oartl Meeting X. TRUSTEES' REPORTS (continued) C. Trustee Koostad: Trustee Kogstad was absent - no report. D. Trustee Minx: Trustee Minx presented Resolution 07-57, Authorizing the Execution of Legal Invest- ments. She explained that the Village had authorized the sale of $9.2 million in bonds for various projects within the Lehigh/Ferris TIF District. The bond sale occurred on October 17, 2007, with a closing date set for November 1, at which time the funds will be received by the Village. In order to comply with State and Federal IRS rulings as they relate to interest arbitrage on tax exempt bonds, and to maximize interest earnings on these bonds, PMA Financial Network, Inc. And PMA Securities, Inc. Will act as an intermediary for the investment of the bond proceeds. Retaining PMA will insure compliance with all applicable laws, ongoing management through efficient disbursement process, access to all investment options available, final reporting and any arbitrage calculations to the IRS. Trustee Minx moved, seconded by Trustee Marcus, to adopt Resolution 07-57. Trustee Thill asked, "Who is PMA Financial? Finance Director Partipilo introduced Courtney Rios, the Senior Relationship Officer for municipal clients of PMA Financial. Ms. Rios explained that the firm is located in Warrenville, with offices in Minneapolis and Milwaukee. They are afamily-owned firm that has been in business for 20 years. She said they currently have over 1,200 clients in the midwest and manage approximately $9.1 billion of assets. Since 1995, they have invested over $9.5 billion of bond proceeds, similar to what they are proposing to do for Morton Grove. Trustee Thill asked how PMA Financial was selected. Ms. Partipilo said that she had done business with the firm previously. It's a firm that is well-known in the industry and recognized by Spear, although Spear did not recommend them in this particular instance. Trustee Thill asked if the Board would be kept up to date as to when the investments occur. Ms. Partipilo said yes, the Village will be updated on a monthly basis. She assured Trustee Thill that the investment proceeds will be easily accessible for when the TIF expenditures need to be made. Trustee Thill also wondered if the Board's input was taken into consideration when making any of the investments. Ms. Partipilo said that the Village was subject to the Public Invest- ments Act, so there are certain vehicles that municipalities can invest in. They can also invest in Certificates of Deposits at appropriate banking institutions. Ms. Partipilo said that that was a question the Bond Committee asked Ms. Rios, and she said that PMA can certainly invest in any local financial institution. Trustee Thill asked if PMA had a contract or if this was open-ended...or if they would handle the investments through the length of the bonds. Ms. Partipilo said that PMA would handle the investments until the funds are exhausted. Trustee Thill asked if the Village had any recourse if, at some point, they became unhappy with PMA's performance. Mayor Krier said that was a question for Corporation Counsel. Ms. Liston said she would respond in Executive Session. Minutes of October 22,30078oard Meeting X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Trustee Staackmann asked about the fee structure-whether there was an upfront fee or a percentage fee. Ms. Rios said that PMA does not take any monthly management fee; all of their fees come from investment execution. Every time they place an investment, their fee is discounted from the investment at the time of placement. The Village will never receive a bill from PMA for investments placed. Trustee Staackmann asked if there was a rate for their fee. Ms. Rios said that there are ceilings for their fees. She said PMA invests in government agen- cies, government treasuries, and certificates of deposit. On the government market side, their fee is 15 basis points; on the certificate of deposit side, it is 25 basis points. If they insure the deposit, the fee would include the cost of insurance. She said that PMA is never really at the ceiling. Their fees really depend on where the market is at. Trustee Staackmann asked who was on the Bond Committee? Ms. Partipilo said it was her- self, Village Administrator Wade, Economic Development Director Neuendorf, and Assistant Finance Director Ryan Horn. Trustee Marcus asked if the Committee had held any discussions with any other company. Ms. Partipilo said they picked PMA based on her past experience with them plus her discus- sion with Spear Financial about choosing them. She said Ms. Rios came out and gave a presentation to the Bond Committee, which had many of the same questions regarding fees asked here this evening. A nice feature is that at the end of this, when the funds are exhausted, PMA keeps track of the arbitrage requirements and any other requirements and presents the history of the account to the Village so it's well-documented and available for the IRS. Trustee Marcus asked if the rates are established in the market. Ms. Partipilo said the rates are competitive. She pointed out that it's a matter of investing $9.2 million dollars; and Village staff does not have the time or general expertise to do this in-house. She said that even larger communities do this for their bond investments. Trustee Staackmann asked, if PMA does the investing, what's Spear's position? Ms. Partipilo said that Spear provided advice on issuing bonds, not on investing them. There being no further discussion, Mayor Krier called for the vote on Resolution 07-57. Motion passed: 4 ayes, 1 nays, 1 absent. Tr. Brunner aye Tr. Kogstad absent Tr. Marcus a~~e Tr. Minx aye Tr. Staackmann ~ Tr. Thill E. Trustee Staackmann Trustee Staackmann had no report. MibutesMOctober 22, 2D0#BoaM Meeting. X. F XI. XII. TRUSTEES' REPORTS (continued) Trustee Thill Trustee Thill presented Resolution 07-55, Authorization for the Purchase of a 2007 5250 Skid Steer Loader. He explained that this will replace an existing 1997 Bobcat in the Streets Department which is at the end of its useful service life. Trustee Thill moved to adopt Resolution 07-54 passede 5 ayes, 0 nays, 4 absent, Tr. Brunner a~~e Tr. Kogstad Tr. Minx aye Tr. Staackmann seconded by Trustee Brunner. Motion absent Tr. Marcus aye a96e Tr. Thill awe Trustee Thill next presented Resolution 07-56, Authorization to Execute a Local Agency Agreement Amendment for Federal Participation with the Illinois Department of Trans- portation for the Dempster Street Corridor Improvement Project. He explained that this resolution will allow the Village to be reimbursed $310,000 from the Illinois Department of Transportation for the remaining principal loan amounts secured for the purchase of property for off-street parking facilities as part of the Dempster Street Corridor Im- provement Project. Trustee Thill moved, seconded by Trustee Staackmann, to approve Resolution 07-56. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner a~~e Tr. Kogstad absent Tr. Marcus a~ Tr. Minx awe Tr. Staackmann ~ Tr. Thill OTHER BUSINESS NONE WARRANTS Trustee Minx presented the Warrant Register for October 22, 2007, which totaled $903,216.09. She moved to approve the Warrants as presented, seconded by Trustee Staackmann. Trustee Thill questioned an item that had been on the October 8`" Warrant Register and appeared on this one as well, only with a $10 difference. He was concerned that fhe Village was paying this bill twice. Ms. Partipilo explained that it was a $90 difference. The previous check had been voided and a new one reissued in the correct (lower) amount. Trustee Thill asked about an item on page 5 for the Joliet Police Pension Fund in the amount of $55,000. He wondered if that was for an officer who moved. Ms. Partipilo said yes, it was for "transfer of credible service" and was coming out of the Police Pension Fund. io Minutes of october22, 201178oaM Meetin" XII. WARRANTS (continued) Trustee Thill asked about an item on the bottom of page 8: $77.34 to recycle fluorescent light bulbs. Does that mean we bought new bulbs or that the old ones were picked up? Building Commissioner Hildebrandt said they were picked up. Mayor Krier called for a vote on the Warrants. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner aye Tr. Kogstad absent Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill aye XIII. RESIDENTS' COMMENTS Nancy Canning. Mrs. Canning thanked the Board for the Unity Day, pointing out that it was a great deal of work for the Community Relations Commission, but worthwhile because of the wonderful turn-out. She thanked Corporate Caunsel Liston for moderating the panel discus- sion, and thanked Mayor Krier and the Board for their support and attendance. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss pending litigation. The motion was seconded by Trustee Marcus. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner aye Tr. Kogstad absent Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill aye Mayor Krier called the Executive Session to order at 9:20 p.m. In attendance were Mayor Krier, Clerk Fritzshall, Trustees Brunner, Marcus, Minx, Staackmann, and Thill; Village Admin- istrator Wade, Corporation Counsel Liston, and Community & Economic Development Director Neuendorf. Following the discussion, Trustee Minx moved to adjourn the Executive Session, seconded by Trustee Thill. The motion passed unanimously via voice vote at 9:40 p.m. Trustee Minx then moved to adjourn the Regular Meeting, seconded by Trustee Thill. That motion also passed unanimously via voice vote. The meeting adjourned at 9:41 p.m. n Mibofes of October 22,2o0T$oaM Meeting. PASSED this 12th day of November, 2007. Trustee Brunner Tr`uste6 KGySiad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 12th day of November, 2007. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 12th day of November, 2007. Susan Lattanzi, Deputy Village Clerk Village of Morton Grove Cook County, Illinois Minutes by. Teresa Cousar 12 MIN'tiTES OF THE OCTOBER 24, 2007, SPECIAL MEETING - 2008 BUDGET WORKSHOP OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE RICHARD fi. FLICKINGER MLP.VICIPAL CENTER -COUNCIL CHAMBERS MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Illinois Open Meetings Act, the Special Meeting was called to order at 6:13 pm by Mayor Richard Krier who lead the assemblage in the pledge of allegiance. Clerk Carol A. Fritzshall called the roll. In attendance were: Elected Officials: Mayor Richard Krier, Trustee Georgianne Brunner, Trustee Shel Marcus, Trustee Rita Minx, Trustee Dan Staackmann, Trustee John Thill Absent: Trustee Roy Kogstad Village Staf£ Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, Finance Director Daniela Partipilo, Fire Chief Tom Friel, Police Chief Paul Tasch, Family and Senior Services Director Jackie Walker O'Keefe, Farnily and Senior Services Coordinator Bud Swanson, ESDA Coordinator John Hill, Community and Economic Development Director Bi11 Neuendorf Also Present Several members of the public President Krier announced the purpose of this evening's meeting was to conduct the first Budget Workshop for the 2008 Village Budget. Mr. Wade gave an overview of the budget process. He noted the budget represents no change in services. While the Village was not adding staff, it was not diminishing the excellent services Morton Grove residents expect. The focus on the 2008 budget, in addition to maintaining services, was the safety of Village workers and residents, and areas of investment in infrastructure. The Finance DirectorlTreasurer Daniela Partipilo explained the budget process and timeline. Trustee Brunner questioned when the Morton Grove Public Library Budget would be ready. Ms. Partipilo stated she had been assured the Library's budget would be ready by the first reading of the 2008 Village Budget and the Library's levy would not exceed a 4% increase. Ms. Partipilo explained the budget, as presented, anticipates a levy increase of 3.5%. The budget allowed for contingency set asides and health insurance plan design changes. Salaries for Village employees would increase by 4.25% in accordance with the recently negotiated collective bargaining agreement. Ms. Partipilo stated 2007 revenues are projected to be higher than originally anticipated but lower than that received in 2006. She then reviewed the revenues in the General Fund and detailed property tax distributions by levy year. She noted the bulk of the property tax levy increases were allocated toward increased police, fire, and general pension contributions. For example, the expenditures for the Police Pension in levy year 2004 was $456,000 compared to levy year 2007 in the amount of $1,244,599. Likewise, the Fire Pension's Levy in 2004 was $501,787 compared to 2007 of $1,422,190. Mr. Wade then introduced Fire Chief Tom Friel whogave an overview of the Fire Department Budget. He noted the Fire Department currently had a staff of 45 employees. The 2007 highlights included responding to 3,425 calls with an average response time of 4 minutes and 5 seconds. Fire loss in 2007 was projected at $500,000. The Fire Prevention District conducted over 850 inspections and the Department obtained a $61,000 grant to install new warning sirens. The Department also will receive anew command vehicle as of December 2007. The 2008 budget is projected at $6,675,132. Chief Friel concluded by advising the Board, the Department would be seeking a new ambulance in 2009. ESDA Coordinator John HiII presented the ESDA budget. He summarized 2007 highlights including responding to emergencies and community events and transitioning the organization to an Emergency Management Association. The 2008 goals included the implementation of this transition, increasing the Association's members to 16 and conducting more public awareness exercises. The 2008 budget of $13,161 reflects a reduction from tl-~e 2007 Budget. Chief Paul Tasch presented the Police Department Budget. Chief Tasch noted the Department has 46 employees including two officers currently in the Police Academy. The 2008 goals included researching tha feasibility of automated citations for traffic violations, the purchase of a report writing program, and an increased emphasis on liquor and tobacco stings. The Department's budget of $7,619,241 included allocations for in-caz video and audio recorders, increased pension contributions, replacement of analog voice recorders with digital recorders, and a new phone system for NSECC. Chief Tasch noted the Department's request for one additional police vehicle and additional security within the Police Station had been removed during the budget process. Family and Senior Services Director Jackie Walker O'Keefe reported in 2007 the Department had four full-time employees and 15 part-time employees including seven Morton Grove senior citizen residents. In 2007, the department increased its counseling and social activities and increased the senior center's membership by 8%. The Department's 2008 goals included developing anon-medical community volunteer registry. The Department's budget of $425;877 reflects decreases due to personnel reallocations between the Civic Center and the Department of Family and Senior Services. Trustee Thill recommended the Department's Grant Program be modified to a Loan Program and a discussion ensued on this topic. Bud Swanson presented the budget for the American Legion Memorial Civic Center. Mr. Swanson stated the Center was unique due to its versatility and the many functions and programs which occur at the Center from rooming to night. He noted about 5,000 guests used the center each month. 2007 saw revenues increase to $112,000, up from $33,000 in 2003. The goal for 2008 is to keep the Center in an excellent and safe condition, to raise rental rates to keep. current with the market, and maintain customer service. The Center's increased budget of $262,000 reflects the allocation of salaries as noted above. Bi11 Neuendorf presented the Community and Economic Development Budget. He related the 2007 highlights of the Department, which included completing one public parking lot on Dempster Street, the issuance of bolids to be used in the Leigh/Ferris TIF District, the environmental clean-up of the Village's property at Ferris and Capulina, a financial analysis of Site "J", website updates, the receipt of the Famil~le Top Ten Best Town Award, the Family Festival and. Block Party, and the development of a strategic plan. The 2008 goals include the attraction and retention of businesses, the promotion of Morton Grove, the promotion of affordable housing, and the implementation of fagade improvements. The Department has one full-time and one part-time employee. The 2008 budget of $121,158 reflects reductions from 2007. Mr. Neuendorf also presented the budget for the Economic Development Fm1d which pays Village contractual obligations for sales tax sharing agreements and revenue sharing agreements with schools. Its 2008 budget. of $316,253 reflects a decrease from 2007. Mr. Neuendorf then presented the budget far the Lehigh/Felris TIF District. The District was busy in 2007. Accompiishrnents included clearing the site at Ferris and Capulina, development of a Request for Quotation for this site, update of the Framework Plan, coordination with Metro and other agencies, and the sale of the above referenced bonds. Mr. Neuendorf noted the Woodlands' project had only three units left. The 2008 goals of the TIF was to complete infrastructure improvements including the intersection at Ferris and Lincoln to develop grail-walls, improve a streetecape on Lincoln Avenue, conduct a utility study, seek grant funds, and assemble available land. Mr. Neuendorf stated he would like to also focus on encouraging new retail and restaurants, and complete ongoing projects within the District. The budget of $6,873,822 utilizes funds from TIF increment and the sale of bonds. Mr. Neuendorf also presented the Waukegan Raad TiF Budget. He noted this TIF has turned a corner and has a positive revenue cash flow. The 2008 goal is to invest in underutilized properties and attract new businesses. The Fund is beginning to pay back a $1,659,000 obligation owed to the Village's General Fund. The 2008 budget of $597,220 will be used to pay The District's current debt and pay back the debt owed to the Village. Mr. Wade then reported on efforts the Village has undertaken to attract grocery stores and restaurants within the Village. Mayor Krier asked for comments from the audience. Resident William Luksha asked questions regarding investment in technology centers and the relocation of railroad crossings. There being no further business, Trustee Minx moved to adjourn the meeting. The motion was seconded by Trustee Thill and approved unanimously pursuant to a voice vote at 8: 13 pm. Minutes by: Carol A. Fritzshall, V illage Clerk PASSED THIS 12`" day of November 2007. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 12`" day of November 2007 Richard Krier, Village President Village of Morton Grove Cook Cowity, Illinois ATTESTED and FILED in my office Tlvs 13th day of November 200'7 Susan Lattanzi, Deputy Village Clerk Village of Morton Grove Cook County, Illinois legis\minutes\speeialmeetingminutes.budget ]0-24-07 MINUTES OF THE OCTOBER 27, 2007, SPECIAL MEETING - 2008 BUDGET WORKSHOP OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE RICHARD T. FLICKINGER MUNICIPAL CENTER -COUNCIL CHAMBERS MORTON GROVE, ILLINOIS 60©53 Pursuant to proper notice in accordance with the Illinois Open Meetings Act, the Special Meeting was called to order at 9:02 am by Mayor Richard Krier who led the assemblage in the pledge of allegiance. Clerk Carol A. F;i±zshall called the roIl. In ai?endanr_.e were; Elected Officials: Mayor Richard Krier, Trustee Georgianne Brumley, Trustee Roy Kogstad, Trustee She1 Marcus, Trustee Rita Minx, Trustee Dan Staaekmann, Trustee Jolm Thill Absent: None Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, Finance Director Daniela Partipilo, Assistant Finance Director Ryan Horne, Fire Chief Tom Friel, Public Works Director Andy DeMonte, Public Works Division Superintendent Joseph Dahm, Public Works Division Superintendent Paul Tobin, Village Engineer Ryan Gillingham, Building Commissioner Ed Hildebrandt, Network Administrator Boyle Wong Also Present: Several members of the public and the press President Krier announced the purpose of this morning's meeting was to conduct a second Budget Workshop for the 2008 Village Budget. Mr. Wade gave introductory comments and introduced Building Commissioner Edward Hildebrandt, who presented the budget for Building and Inspectional Services. Mr. Hildebrandt noted 2007 highlights including the adoption of the Unified Development Code and new Bnergy and Building Code updates. The 2008 Budget is projected in the amount of $496,935 and represented virtually no change from the 2007 Budget. Mr. Hildebrandt then presented the budget for the Municipal Buildings and Maintenance. He noted in 2007, the Village completed heating and air conditioning upgrades to the Police Department. The 2008 goals will include the painting of Village Ha11 and adding air conditioning components to the computer areas in the Public Worlcs building. The 2008 budget in the amount of $197,905 also included funds for the replacement of the windows at Fire Station #4. Village Administrator Joseph Wade presented the Administrative budget 2007 accomplisluneuts included providing background information and resources for regular and Special Board meetings and working with staff and officials to advance the Dempster Street Corridor and Lehigh/Ferris Redevelopment Plans. In 2008, the Administrator's office wilt continue to work closely with the Economic Development Director to promote business recruitment and retention. Work will continue with. all departments insuring effective, efficient, and customer friendly delivery of services. The 2008 proposed budget in the amount of $507,873 showed slight increases due to salary adjustments. Corporation Counsel Teresa Hoffrnan Liston presented the Legai Budget. She noted 2007 accomplishments included the completion of the collective bargaining agreements for the FOP and the IAFF. These agreements represented significant changes in employee and retiree health insurance benefits. In 2008 collective bargaining for all unions will begin again. The Corporation Counsel's office plans to revise the Village's Personnel Policy Manual and improve the collections of various fnes and fees. The Legal Budget in the amount of $455,450 is significantly less than the 2007 Budget. Trustee Minx moved to adjourn to Executive Session to discuss personnel, salaries, pending litigation and real estate. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a roll call vote at 9:18 ant. At the conelusian of the Executive Session, President ICrier reconvened the Special Meeting at 10:04 am. Boyle Wong presented the Infornzation Technology Budget. 2007 accomplishments included redesigning the Village's website and developing an RFP for a new Village wide telephone system. The 2008 goals included expanding wireless connections throughout public facilities, centralized management of all software, enhanced network connectivity options, and the expansion of the Village's electronic document management system. The 2008 Budget in the aniount of $463,645 reflects a reduction from the 2007 Budget which was attributed to less utilization of outside professional services. The budget also included funds for software licensing and the transition from leased desktop computers to the purchase of desktop computers. Mr. Wong answered questions from Ti~rstee Marcus regarding the adaptability of the Village's current software to new equipment. Mr. Wong advised Trustee Staackrnain of the cost of various software licenses. In answer to Trustee Bruimer's concerns, Mr. Wong explained the new phone system. would be a voice over Internet protocol system that would have survivability safeguards built into the system if the Village's network "ever went down". President Krier thanked Mr. Wong for lus leadership in enhancing the Village's public access television stations and developing the Village's website. Andy DeMonte presented the various budgets associated with the Public Works Department. The 2008 Street Deparhnent's goal would be to continue to provide excellent services and to begin to remove approximately 5% to 10% of the ash trees within the Village. The 2008 Budget in the amount of $2,095,974 included costs for the purchase of new street sweepers, pool cars, and a riding mower. The Department is also considering newly purchased replacement vehicles which Mr. DeMonte stated in the long run would be more cost effective than attempting to use old police vehicles. The 2008 Street Budget reflected au increase of approximately 1 % which was consistent for all Public Works Department Budgets. He presented the Engineering Budget in the amount of $325,496. He then presented the Solid Waste Budget for 2008 in the amount of $773,000. Goals for 2008 included promoting more recycling throughout the Village. In response to questions from Trustees, he stated the Village would begin researching and collecting data for negotiations for The new Solid Waste Contract as the current Groot Contract will expire in Apri12010. A general discussion ensued regarding the Village's Solid Waste Program. Mr. DeMonte also presented the Vehicle Maintenance Budget for 2008 in the amount of $784,712, also the 2008 Motor Fuel Tax Budget in the amount of $898,200 which included the use of unobligated fund balance for Austin Avenue street resurfacing. He then presented the Commuter Parking Budget in the amount of $159,700 which was an increase from the prior year due to increased costs for the purchase of new meter machines. In response to a question from Trustee Bruiner, the Board directed staff to research raising commuter parking fees to $1.75 per day. Mr. DeMonte presented the budget of the Water Division in the amount of $3,511,669. This budget represented an increase of over $400,000 due to the pm-chase of a new generator. He advised the Board fwlds would be needed in 2009 for the painting of the water tower. In response to questions fom Tnrstee Kogstad, he noted projections from the City of Chicago anticipated a water rate increase from 4% to 10%, which would be passed along to the residents. Mr. DeMonte presented the Sewer Department's budget in the amount of $902,206. This budget included funds for the purchase of a camera to inspect sewer lines and continuing costs for the lining of failing sewers. He presented the 2008 Budget for Water Administration. in the amount of $628,661. He then answered questions regarding the sale of old Public Works vehicles through State conducted auctions. Ryan Gillingham presented the Capital Projects budget. He noted the 2008 Capital Projects Budget, like previous CIP budgets, was divided into five different criteria: (1) streets, (2) sewers, (3) water, (4) municipal facilities, and (5) other. The source of funds for various projects depended on the nature of the projects. In 2008, the Village budgeted $1,466,750 from the Capital Projects Fund, $376,300 from the Enterprise Fund, $0 fram the General Fund, $250,200 from the Motor Fuel Tax Fund, and $2,165,000 from the TIF Fund for capital projects. Within the Street category, in 2008, the Village expects to spend $1,392,128 from the General Fund and $250,200 from the Motor Fuel Tax Fund for projects including the Dempster Street Corridor Improvement Project, Harlem Avenue Street Resurfacing, the 2008 Street Improvement Project, Shermer Road Resurfacing, Beckwith Avenue Bridge Rehabilitation and Austin Avenue Street Resurfacing. It also projected to spend $2,155,000 from TIF Funds for the Lincoln Avenue Streetscape, Lincoln and Ferris Avenue Intersection Improvements, Lehigh and Lincoln Intersection Improvements, Ferris/Lincoln Park Plaza, Ferris. Avenue Streetscape, and a rail walk project. Mr. Gillingham noted in 2008, the Village expects to improve approximately 2.11 miles of streets. Mr. Gillingham reviewed a street comparison of conditions from 2006 to 2007 and noted in general the Village was keeping pace. From 2009 through 2012, Capital Project Funds anticipated street expenditures of $10,495,000. The Capital Projects within the water category in 2008 included $309,350 fiom the General Fund for north pumping station improvements and a water distribution study, and $50,000 from TIF Funds for a utility study. From 2009 to 2012, Capital Projects relating to water are estimated in the amount of $8,860,955. Within the sewer category, the Village expected to spend $66,950 in 2008 for its Sewer Lining Program. From 2009 through 2012, the Village expected to spend $2,030,000 for Capital Projects in this category. The Village also plans to spend $74,622 in 2008 for Street Lighting. Mr. Gillingham then presented a review of the Dempster Street Comdor Improvement Project in which a total of $10,841,080 of expenses are planned over the next several years. Of these expenses, approximately $3.5 million would come from federal funds, $4.1 million would come from state and other funds, and $3.1 million would come from local funds. Mr. Gillingham then answered questions from the Board regarding these capital projects. Mayor Krier then asked for resident comments. Comments and concerns were received from four residents. Mayor Krier then noted the levy for this year's budget would increase by approximately $280,000 over the previous year. All but $156,000 of this amount would be applied towards pensions. He noted the 2008 budget was very lean and drew approximately $900,000 from. previous fund balances. He thanked staff, especially Village Administrator Joseph Wade and Finance Director Partipilo for their efforts. Trustee Minx stated the Village needed to plan for fixture expenses including street resurfacing. She asked the Board to consider a levy increase for infrastructure improvements in 2009 or the possibility of selling Capital Improvement Bonds. She further noted residents are frustrated by the current garbage bill from Groot. Ultimately she would like to see this charge placed back in the property tax levy. Trustee Minx then moved to increase the Village's contribution for Solid Waste Collections from $235,000 to $500,000. Trustee Brunner seconded the motion. A discussion on the motion then ensued. Trustee Brunner voiced coneer±rns abo~.tt fur+her depleting the Village's fund balance especially since the Village anticipated large expenditures for Capital Projects. She questioned the impact of how this subsidy would impact Village residents. Finance Director Partipilo stated for every quarter percent increase of the tax levy, the Village would gain approximately $23,000. Trustee Staackmann asked the Village to consider increasing fines and fees instead of raising the tax levy and requested mere time to cansider this matter. Trustee Marcus was concerned about the timing of this issue. Trustee Staackmann then moved to ta'ole this motion to a special n-ieeting on Novembel• 1, 2007, at Z00 pm. The motion was seconded'by Trustee Thill and approved unanimously pursuant to a voice vote. There being no further business, Trustee Marcos moved to adjourn the meeting. The motion was seconded by Trustee Minx and approved unanimously pursuant to a voice vote at 12:05 pm. Minutes by: Carol A. Fritzshall, Village Clerk PASSED THIS 12`x' day of November 2007. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaekmann Trustee Thill APPROVED BY ME THIS 12`h day of November 2007 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 13`~ day of November 2007 Susan Lattanzi, Deputy Village Clerk Village of Morton Grrove Cook County, Illinois TOWN HALL MEETING MINUTES VILLAGE OF MORTON GROVE AUSTIN PARK FIELD HOUSE 8336 MARMORA, MORTON GROVE, ILLINOIS ~~ T O1~DER L7, bVV7 Pursuant to proper notice as required by the Illinois Open Meetings Act, Village President Richard Krier called the meeting to order at 7:02 pm. Corporation Counsel Teresa Hoffman Liston called the roll. In attendance were: Elected Officials: President Richard Krier, Trustees Georgianne Brunner, Rita Ivfinx, Daniel Staackmann, John Thill and Clerk Carol A. Fritzshall (arrived at 7:10 pm) Absent: Trustee Roy Kogstad, Trustee Shel Marcus Village Staff: Village Administrator Joseph F. Wade, and Corporation Counsel Teresa Hoffinan Liston Guests: Members of the Community Relations Commission and three Village residents Village President Krier stated there was no specific topic for this Town HaII meeting. He asked for comments about the preference of continuing Town Hall meetings due to the lack of attendance. Trustee Staackmann suggested the Village conduct only one Town Hall meeting a year which would be devoted to giving residents information on ordinances that had recently been passed. Trustee Thill stated the same information could be provided in the Village's newsletter. Trustee Brunner noted she would like the Village to pursue a special meeting where the chairpersons of the Village's Commissions and Boards could give a report on their activities. Resident Bill Jacobson stated he liked Town Hall meetings because they were less structured than Village Board meetings. He thanked the Village, especially Village Administrator Joseph F. Wade for addressing a situation in the 8700 block of Austin Avenue. He also congratulated the Board on the success of the Family Fun Fest and advised the Board to ignore the negative comments in the newspaper by a few malcontents. Mr. Jacobson also stated he was disappointed with Trustee Kogstad. Trustee Thill asked for clarification on resident concerns about early morning noise on the Chick Evans Golf Course and a possible water leak near the bike path. President Krier stated the noise complaints have been ongoing gild usually increase during the fall. He further noted Billy Kasper is responsible for the water leak on the golf course property. Terry Cousar asked for clarification as to Village regulations of charity solicitors at busy intersections. Corporation Counsel gave a swnmary of the Supreme Court Watch Tower case and noted noncommercial solicitation is protected by the first amendment and the Village's regulations would need to focus on safety concerns. A discussion then took place. Mayor Krier reporCed Cook County was recently designated as a disaster area and Village staff was working on getting federal funds to reimburse its costs for the August 2007 storms. Mr. Caplan noted his neighborhood lost almost all of their parkway trees. A discussion then ensued about whether the Yrees could be replaced pursuant to the Village's 50/50 program. There being no furCher business, Trustee Staackmann moved to adjourn the Town Hall meeting. The motion was seconded by Trustee Thill and approved unanimously pursuant to a voice vote at 7:38 pm. Minutes by: Canal A. Fritzshatl, Village Clerk PASSED THIS 12t" day of November 2007. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 12t" day of November 2007. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 13t" day of November 2007. Susan Lattanzi, Deputy Village Clerk Village of Morton Grove Cook County, Illinois AdminlLegis ;Minutes/[own hall minutes 10.29-07 MINUTES OF THE NOVEMBER 1, 2007, SPECIAL MEETPVG - 2008 BUDGET WORKSHOP OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE RICHARD T. FLICHINGER MUNICIPAL CENTER -COUNCIL CHAMBERS MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Illinois Open Meetings Act, the Special Meeting was called to order at 7:01 pm by Mayor Richard Krier who led the assemblage in the pledge of allegiance. Corporation Counsel Teresa Hoffman Liston called the roll In attendance were: Elected Officials: Mayor Richard Krier, Trustee Georgianne Brunner, Trustee Shei Marcus, Trustee Rita Minx, Trustee Dan Staackmann, Trustee John Thill Absent: Trustee Roy Kogstad, Clerk Carol A. Fritzshall Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, Finance Director Daniela Partipilo, Fire Chief Tom Friel, Family and Senior Services Director Jackie Walker O'Keefe, Police Chief Paul Tasch Also Present: Several members of the public and the press President Krier announced the purpose of this fourth Budget Workshop was to address issues previously raised by the Board and answer any additional questions the Board may have concerning the budget. Mr. Wade then summarized his position on the use of fund balances. Mr. Wade stated he did not advise the use of fund balances for reoccurring expenses. Ms. Partipilo reported on a recent study from the Illinois Municipal League on refuse collection fees. She stated according to the report, approximately 54% of mwlicipalitiies in the state have their residents pay a flat monthly fee for garbage pick-up. The Chicago average for collection costs is $16.1 L per month compared with Morton Grove's charge of $9.61 per month. Yard waste stickers in Morton Grove cost $1.65 compared to an average cost of $2.02 per sticker. She further noted in 2002, the Village's solid waste costs were $1,303,$00 compared to today's cost of $1,637,009. Today the Village assumes approximately 50% of that cost and the residents pay the balance directly to Groot. If the Viliage were to assume an additional $265,000 of this cost, the Village's cost for solid waste related expenses would increase to $944,000 (59% of total cost and the resident's share would decrease to approximately 41 %). Ms. Partipilo then gave a summary on fund balance. The GFOA recommends governments maintain a fund balance of 5% to 15% of its General Fund revenue or one to two months of expenditure costs; however, the GFOA notes the fund bala~ice is a matter of choice and most village managers recommend a fund balance of 25%. She cautioned the Board to consider additional factors such as the imposition of a storage tax, tax levy adjustments, additional budget reductions, the implementation of GASB 45, future infrastructure costs, and capital equipment replacements. Mayor Krier advised the Board during the first three months of 2008 he had asked staff to propose resolutions dealing with revenue enhancements. Trustee Minx stated the budget workshops are the first opportunity elected officials have to give input to the budget. Prior to that, the budget is the product of staff and the Mayor. Trustee Minx stated she believed the garbage fee is a nuisance bill and in time she would like it gradually moved back to the property lax rolls. Trustee Staackmann stated he was concerned about using a fund balance to support additional garbage subsidies. He pointed out a healthy fund balance generates interest and is needed for infrastructure. He also noted the Village's current Groot contract does not have a fuel escalation clause and the future contract would include those expenses. Trustee Brunner noted Trustee Minx had good intentions but sire agreed with Trustee Staaekrnann. Her recollection is the large levy increase of 2006 was to build up reserves for future infrastructure expenses. She would be in favor of using additional revenue to pay deferred expenses and budget requests from staff. Trustee Marcus concurred with Trustee Staackmami and Brunner and felt it was his job to maintain fiscal responsibility to keep services excellent within the Village. He did, however, have empathy for the aggravation associated with the garbage bill. President Krier called for a motion to take Trustee Minx's prior motion to increase the Village's subsidy for solid waste collection costs from $235,000 to $500,000. The motion was approved unanimously. There being no further discussion on the motion, Mayor Krier called for the question. The motion failed. All Trustees voted no with the exception of Trustee Minx. Trustee Minx then asked that a committee be established to review other revenue enhancement options. Mayor Krier stated the Village's priority after January was to focus on examining the Village's revenue stream. Trustee Staackmann asked the Village designate certain revenues toward certain expenses and the discussion on this topic ensued. Trustee Staackmann then asked Ms. Partipilo for explanations on various budget items. President Krier asked for resident comments: Resident Eric coders thanked Trustee Minx for her motion, questioned the status of the Village's Fagade Improvement Program and recommended the Village focus on storage and sales off ces for electronic investments. He further stated the Village should be more proactive with its zoning. Mayor Krier explained the Village's recent efforts to amend its Zoiring Code for that very reason. Resident William Luksha stated the Village's tax rate was twice the rate of Lincolnwood and Skokie. Mayor Krier pointed out Skokie and Lincolnwood had larger tax bases and received much more sales tax revenue. Trustee Minx stated These communities have larger parcels for shopping centers which Morton Grove does not. Trustee Thill noted the Village's recent successful bond sale is an indication the Village is moving in the right direction. There being no further business, Trustee Marcus moved to adjourn the special meeting. The motion was seconded by Trustee Minx and approved unanimously pursuant to a voice vote at 7:53 pm. Minutes by: Teresa Hoffman Liston, Corporation Counsel PASSED THIS 12`" day of November 2007. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaekmann Trustee Thill APPROVED BY ME THIS I2`" day of November 2007 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 13`" day of November 2007 Susan Lattanzi, Deputy Village Clerk Village of Morton Grove Cook County, Illinois c ~Il '~EIIG ~~.8d ar~&~~E®IIR. ~~~i ~w~ ~~' ~~~~~~ November 12, 2007 Village President Members of the Board of Trustees b 101 Capulina Avenue Morton Grove, Illinois 60053 Dear ,President Krier and Members of the Village Board: On October 15, 2007, a public hearing was conducted by the Morton Grove Plan Commission after being published on September 27, 2007 in The Champion newspaper, a sigh posted on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance regarding: Plan Commission Case PC07-07, wherein the applicant, SAC Wireless, 655 First Bank Drive, Palatine, Illinois 60657, on behalf of Fibertower, requested a Special Use Permit to construct an installation of three microwave dish antennas on the existing tower and one ground-mounted equipment cabinet at 8323 Nagle Avenue. Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She noted that the original application called for tlae installation of one antenna on the tower, but the applicant, after further analyzing the site wished to add two additional antennas. She summarized her background memo and noted That none of the staff had any concerns regarding the case, and both the Appearance Commission and Traffic Safety Commission waived review, Ms. Jacobson also suggested that the landscaping/screening requirement be waived. The tower is located in an obscure location in an industrial area by the Forest Preserve. The tower is also extremely large and has several other commercial wireless antennas located on it. The applicant, Tony Phillips of SAC Wireless testified on behalf of the applicant. He noted that the proposed system is different Chan other carriers in that it is a baclchaul system supporting the different cellular carriers, and is a microwave system that operates at higher frequencies than most carriers. He noted that this system is a more high tech alternative to the T-1 fiber optic system that allows cellular companies to better transmit information to remote locations and as a backup to the T-1. Mr. Phillips indicated that they had an independent consultant review their proposal in terms of frequencies, and there is no problem with interference to/from other can-iers or any other issues. No interested parties registered for this case, but Mr. Eric Poders, a Morton Grove resident did express concerns. Mr. Poders indicated that he was concerned about the potential health risk to the employees of neighboring businesses. He was also contented about the maintenance of the property, noting there were piles of asphalt stored on the site, an empty cable wheel and overhanging branches from neighboring properties on the site. Mr. Poders suggested the case be tabled. i2icltara T. Flekitager MttnicpaI Center 5101 iapuitta l~ve~aue @ I`~crtos-~ Grave; Tllnc s OrS_~;.gG f°I: \~~7! c'i6~-~iiJi~I rah.. ~i>!.7~ f,_tt16_i }' Commissioner Roepenaclc responded that the antennas are too high up on the tower to cause any health risks, and Ms. Jacobson added that the neighboring businesses were sent letters regarding the proposed case and did not respond with any concenls. The Conunissioners then discussed what impact the maintenance issues had on approving a special use, and Chairman Farkas questioned whether the landscape requirement should be waived.. At Commissioner Gabriel's suggestion, the Commissioners concluded that: the maintenance issue could be best addressed by adding a condition Yhat the applicant provide flee local contact information for the property owner, American Tower, for follow up by code enforcement. Commissioner Roepenaclc made a mation, which was seconded by Commissioner Gabriel to approve an antenna and ground-mounted equipment installation at 8323 Nagle Avenue, subject to the following conditions: 1. That the proposed three dish antennas and one ground-mounted equipment cabinet be constructed in accordance with the site plan and elevations dated 10/4/07; 7. That a variation be granted from Section 12-3-6C1 of the Village of Morton Cirove Unified Development Coderegarding screening, landscaping and fencing; 3. That local contact information be provided to the Building Commissioner for American Tower regarding property maintenance, prior Co the issuance of a building permit; and 4. That all other codes and ordinances be met. The motion carried: Yes 5; No 1; Absent 1 The voting: Chairman Farkas No Connnissioner Dorgan Absent Commissioner Gabriel Yes Commissioner Gattorna Yes Commissioner Goya] Yes Commissioner Patel Yes Commissioner Roepenaclc ' Yes The "Findings of Face' relative to the seven standards by which a Special Use is evaluated is attached to the report. Connndev/zoning/planeomm/pc07-07 report ~nairnian Findings of Fact Listed below are seven standards articulated in Sectian 12-16-4C of the Vr~llage of Morton Grove Unifed Develop~nerat Code upon which the Plan Commission based its decision. 1. Preservation of Health, Safety, Morals and. Welfare -The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. The Plan Commission concluded that the public welfare would not be endangered by the proposed insiaiiaiion. Based on the applicant's testimony and tine fact feat the antennas are 165 feet high, the Commission concluded that there would be no ill effect on the public and that the public would actually be served by the proposed backhaul system for the cell phone carriers. 2. Adjacent Properties.-The Special Use should not ire injurious t~o the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. • The proposed antenna installation will not be injurious to the use and enjoyment of surrounding property. The property is in an industrial. zoning district surrounded by industrial uses. Theantennas will be mounted on an existing microwave tower and will be barely visible. The ground-mounted equipment will be stored on the site which is already fenced from surrounding neighbors. 3. Orderly ,Development-.'The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. • The proposed installation is on an existing tower in an existing built-out industrial area that is not planned for redevelopment. Thus, orderly development is not impeded. 4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are fn existence or'are being provided. The proposed Special Use is on an existing tower where adequate facilities are already present. 5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic mr local residential streets. • The proposed antenna installation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission waived review ofthe case due to minimal traffic impact. 6. Adequate Buffering -Adequate fencing andlor screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. There vvas discussion as to whether landscaping and screening was necessary, but the majority of the Commission felt flat given the obscure location, the site was sufficiently screened by the existing fence. 7. Conformance to Other Regulations -The Special Use shall, in all other respects, em~form to applicable provisions of this Ordinance or amendments thereto. Variation fYom provisions of this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. The proposed installation will be required to adhere to all pertinent Village codes and ordinances and a variation was granted from Section 12-3-SCI regarding the Head for landscaping/screening around the ground-mounted equipment. The Commission deemed this requ~xemen* unnecessary due to the nature and location of the site. Candev\zoning\plancom\pc07-07 findings of fact WHEREAS, securing decent, safe, accessible and affordable housing is a part of the American dream and a goal of all citizens; and WHEREAS, efforts to help citizens secure affordable home ownership and. rental housing opportunities are legitimate and necessary activities of both goverrunent and the private sector, as witnessed by the many Illinois citizens who have benefited from local, state and federal housing programs; and WHEREAS, affordable housing remains only a dream for thousands of Illinois citizens; and WHEREAS, reductions in federal housing assistance and rising housing costs have contributed to high rent burdens on senior citizens, low-income families, and others; and WHEREAS, the limited supply of affordable housing in our area inhibits the ability of the Village to provide a welcoming enviromnent which encourages racial and economic diversity in our community; and WHEREAS, access to affordable housing can be achieved through the cooperative and civic- minded efforts of local, state and federal government agencies, private-sector housing developers, and financial institutions; and NOW, THEREFORE, I, Richard ICrier, Mayor of the Village of Morton Grove, do hereby proclaim November 2007, as AFFORDABLE HOUSING MONTH in the Village of MOrtOn Grove, and encourage ali residents to participate in appropriate activities sponsored by private and public entities aimed at providing or advocating or accessible, affordable housing in the Village of Morton Grove. Richard Krier, Village President Legislative Sum-narV - Ordinance 07-30 I ESTABLISHING TITLE 4, CHAPTER 17H ENTITLED CABLE/VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE IN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Respectfully submitted: Prepared by: _ Teresa October 22, 2007 This ordinance will establish a eablelvideo service provider fee and PEG access support fee within the Village of Morton Grove. This ordinance will establish acable/video service provider fee to replace revenue expected to be lost should the Village's current cable f~ancizisee opts for a state license ,pursuant to the Illinois Cable and Video Competition Law of 2007. Changes in State law provides this choice. Pursuant to the cable/video service provider fee, municipalities are allowed to adopt acable/video service provider fee and PEG (public, education, government) access support fee of up to 5% of the service providers' gross revenue and 1 % for PEG. Currently the Village receives 5% of gross receipts as a franchise tax from the Village's cable/television provider. Under new State legislation, the franchise may opt to terminate the Village's franchise agreement and obtain a state license. In order to keep revenue at least neutral, staff proposes the Village establish acable/video service provider fee. Finance Department. This tax is projected to replace revenue currently received by the Village pursuant to its Cable TV Franchise Agreement. The tax will be charged to the consumer and collected by the cable/video service provider and then paid to the Village. The management of the program will be performed by the Finance Department as part of thou normal work activities. Approval as presented October 22, 2007 None Village Administrator _ Reviewed by: Cow~sel Daniela Partipilo, Finance Director/Treasurer ORDINANCE 07-30 AN ORDINANCE ESTABLISHING TITLE 4, CHAPTER 17H ENTITLED CABLE/VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of govenlment 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 govenunent affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising the Municipal Code, as necessary, to insure all provisions of the document remain compliant with contemporary statutes and relevant to current operations; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cable and Video Competition Law of 2007, Public Act 95-0009 (the "Act"); and WHEREAS, in exercise of its home-rule authority, the Village, through its President and Board of Trustees, has found and determined that, in order to raise additional revenue to assist in covering the cost for increased use of municipal services an ordinance would be established to set a service provider fee and a Public, Education, and Government (PEG) Access Fee which the Illinois Cable and Video Competition Law of 2007 allows under 220 ILCS 5/21-801; and WHEREAS, at the direction of the Village President, Village staff has undertaken the review al~d development of a new Title 4, Chapter 17H to be incorporated into the Municipal Code of the Village of Morton Grove entitled Cable/Video Service provider Fee and PEG Access Support Fee. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OP 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 Village of Morton Grove Code Municipal Code is hereby amended by the addition of a new Title 4, Chapter 17H to be entitled Cable/Video Service Provider Fee and PEG Access Support Fee which shall read as follows: CHAPTER 4 SERVICES BUSINESS ARTICLE H: CABLE/VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT REE SECTION: 4-17H-1: Definitions 4-17H-2: Cable/Video Service Provider Fee Imposed 4-17H-3: PEG Access Support Fee Imposed. 4-17H-4: Applicable Principles 4-I7H-5; No Impact on Other Taxes Due from Holder 4-17H-6: Audits of Cable/Video Service Provider 4-17H-7: Late Fees/Payments 4-I7H-l: DEFINITTONS: The fallowing farms shall have the following meaning when. used in this Article: CABLE SERVICE That term as defined in 47 U.S.C. § 522(6). COMMISSION Illinois Commerce Commission. GROSS REVENUES All consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the Village of Morton Grove (Village). Gross revenues shall include the following: a. Recurring charges for cable or video service. b. Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on- demand charges. c. Rental of set top boxes and other cable service or video service equipment. d. Service charges related to the provision of cable service or video service, including but not limited to activation, installation, and repair charges. e. Administrative charges related to the provision of cable service or video service, uzcluding but not limited to service order and service termination charges. f. Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments. g. A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the Village. The allocation shall be based on the number of subscribers in the Village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. h. Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subsection "i". i. In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records which are kept in the regular course of business. j. The service provider fee permitted by 220 ILCS 5/21- 801(b). 2. Gross revenues do not include any of the following: a. Revenues not actually received, even if billed, such as bad debt, subject to 220 ILCS 5/21-801(c)(1)(vi). b. Refunds, discounts, or other price adjustmen±s that reduce the amount of gross revenues received by the holder of the State-issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service. a Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue receivedfrom teleconununieatiou services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders. d. The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing flsat it will resell the service within the Village and pay the fee permitted by 220 ILCS 5/21-801 (b) with respect to the service: e. Any fax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal, or any other governmental entity and collected by the holder Gf the Mate-r~Su'cd atithOiiZatlon and regnlrad tv be remitted to the taxing entity, including sales and use taxes. £ Security deposits collected from subscribers. g. Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service. 3. Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee pemlitted by 220 ILCS 5/21-801(b) which would otherwise be paid by the cable service or video service. HOLDER A person or entity that has received authorization to offer or provide cable or video serviae from the Commission pursuant to 220 ILCS 5/21- 401. SERVICE The provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. SERVICE PROVIDER FEE The amount paid under this Article and 220 ILCS 5/21-801 by the holder to a Village for the service areas within its territorial jurisdiction. VIDEO SERVICE Video programming and subscriber interaction, if airy, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of--way without regard to delivery technology, including Internet protocol technology. This definition does not include any video prograniming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Intenlet. VILLAGE The Village of Morton Grove. 4-17H-2: CA)3LE/VIDEO SERVICE PROVIDER FEE IMPOSED: A. A fee is hereby imposed on any holder providing cable service or video service in the Village. B. Amount of Fee. The amount of the fee imposed hereby shall be five percent (5%) of the holder's gross revenues, C. Notice to the Village. The holder shalt notify the Village at least ten (10) days prior to the date on which the holder begsns to offer cable service or video service in the Village. D. Holder's Liability. The holder shall be liable for and pay the service provider fee to the Village. The holder's liabiLty for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance adopting this Article by the Bolder. The ordinance adopting this Article shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 ILCS 5/21-401(b)(6) to the Village. E. Payment Date. The payment of the service provider fee shall be due on a quarterly basis, forty- five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. F. Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the Village in which a fee is paid. G. Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301(cl with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under Section 4-17H-2(B). 4-17H-3: PEG ACCESS SUPPORT FEE IMPOSED: A. PEG Fee Imposed. A PEG access support fee is hereby imposed on any Bolder providing cable service or video service in the Village in_ addition to the fee imposed pursuant to 4-17H-2(B) B. Amount of Fee. The amount of the PEG access support fee imposed hereby shall be one percent (1%) of the holder's gross revenues or, if greater, the percentage of gross revenues incumbent cable operators pay to the Village or its designee for PEG access support in the Village. C. Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILLS 5/21-301(c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining teen of the agreement had it not been terminated pursuant to that section.. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees the operator owes under Section 4-17H-3(B). 4-17H-4: APPLICABLE PRINCIPLES: All determinations and calculations under this Article shall be ;;,ade pursuant to generally accepted accounting principles. 4-17H-5: NO IMPACT ON OTHER TAXES DUE FROM HOLDER: Nothing contained in this Article shall be construed to exempt a holder from any tax that is or may later be imposed by the Village, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. AState-issued autl-iorization shall not affect ary requirement of the holder with respect to payment of the Village's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A State-issued authorization shall not affect any requirement of the holder with respect to payment of the local unit of government's 911 or E911 fees, taxes or charges. 4-17H-6: AUDITS OF CABLE/VIDEO SERVICE PROVIDER: A. Audit Requirement. The Village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the Village imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined. to be payable under the requirements of the Village. If all local franchises between the Village and cable operator terminate, the audit requirements shall be those adopted by tl'ie Village pursuant to ti';e Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. No acceptance of amounts remitted should be construed as an accord that the amounts are correct. B. Additional Payments. Any additional amount due after an audit shall be paid within thirty (30) days after the municipality's submission of an invoice for the sum. 4-17H-7: LATE FEES/PAYMENTS: Ail fees due and payments which are past due shall be governed by ordinances adopted by this municipality pursuant to the Local Government Taxpayers' Bi11 of Rights Act, 50 ILCS 45/1 et seq. Any person found guilty of violating any provision of this article shall, in addition to any tax or penalty due, be assessed a fine of not less than seventy-five dollars ($75.00) audhot more than seven. hundred fifty dollars ($750.00). Each day a violation continues to exist shall be a separate offense. Citations For violations of this article shall be adjudicated by the Village's Adn>inistrative Adjudication Hearing Officer, or at the choice of the Village of Morton Grove, by any court of competent jurisdiction. SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is fomld to be unconstitutional, invalid, or unenforceable for any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full force and effect. SECTION 4: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendmet.ts in this ardinance shall be controlling and shall supersede. all other statutes, ordinances, or resolutions by only to the extent of such conflict. SECTION 5: This ordinance shall be in full force and effect from and after its approval, adoption, and publication as provided by la~~. PASSED this 12"' day of November 2007. Trustee Brunner Trustee Kogstad Trustee Minx Trustee Marcus Trustee Staackmann Trustee Thi11 APPROVED by me this 12"' day of November 2007. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 13`b day of November 2007. Susan Lattanzi, Deputy Village Clerk Village of Morton Grove COOk COUnty, Ilhn01$ Legisbrd@007\cable-video service provider fee Ordinance 07-31 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION -ntroduced: November 12, 2007 iynopsis: TI?is ordinance will approve a special use per!nit to construct three microwave dish antem?as on an existing tower and related equipment at 8323 Nagle Avenue for SAC Wireless. ?urpose: To allow SAC Wireless to place three microwave dish antennas on an existing tower and construct one ground-mounted equipment cabinet at 8323 Nagle Avenue. Iaclcgraund: SAC Wireless requested a speoial use permit to install three microwave dish antennas on an existing tower at $323 Nagle Avenue whicl? is located i!? an industrial area near the forest preserve. Section 332 (c)(7) of the Telecommunications Act of 1996 states local goven?ment may not unreasonably discriminate among providers of cell phone services and may not regulate the siting of commercial antem?as in a manner that has the effect of prohibiting The provision of personal wireless services. This statute also preempts local decisicns based on environmental affects of Aadio Frequency (RF) emissions, as the FCC has exclusive jurisdiction to regulate antennas haled on RF emissions. SAC Wireless has submitted documentation to the Village which assures the Village the transmission tower with the antennas installed are structurally sound. It 1?as also submitted. a report from an independent testing agency certifying the proposed emissions from SAC Wireless' antennas from this location fall well within emission standards established by the FCC, and a report stating the installation of these antennas will not adversely affect property values. The applicant has stated the installation of the three antennas reflect new microwave technology which operates at a higher frequency than most other carriers. This is a more high-tech. alternative to the T-1 fiber optic system and will allow the company to better transmit information to remote locations. The applicant hired an independent consultant who has determined this installation will not interfere with other carriers. Village staff has recommended the approval of this application and further recommended the Corporate Authorities waive landscaping and screening requirements due to the obscure location of the tower. The Plan Commission, after a hearing held on October I5, 2007, found the special use permit meets the standard set forth in the Village Code and recommended the special use permit be granted. 'rograms, Depts. Building and Inspectional Services; Village Planner; Village Engineer groups Affected ~iscalImpact: N/A source of Funds: N/A JVorkload Impact: The special use application was processed by the Building Commissioner, Village Engineer, and Village Planner pursuant to the normal course of business. ~dmin i Approval as presented. 2ecommendation: +irstReading: November 12, 2007, Required ipecial Consider- None !bons or Require: Respectfully Prepared by: iewed by: Ed Hildebrandt, Building Commissioner ORDINANCE 07-31 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the i y7u" Constitution oT the State oflllinois and can exercise any power and perform any function periaiiung to its governmental affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, the applicant, SAC Wireless, 655 First Bank Drive, Palatine, Illinois 69657 on behalf of Fibertower, has made a proper application to the Plan Commission in the Village of Morton Grove colder Plan Commission Case No. PC 07-07 requesting a special use permit for 8323 Nagle Avenue to construct three microwave dish antennas on the existing tower and one ground-mounted equipment cabinet at said site; and WHEREAS, said property is zoned and classified in the M-2 "General Manufacturing District'' under the provisions of the Village of Morton Unified Development Code; and WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Zoning Code, upon proper notice duly published in The Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove, which publication took place on September 27, 2007, and upon the posting of a sign on the property and upon notice sent to property owners within two hundred fifty (Z50) feet of the subject property, pursuant to applicable law, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on October 15, 2007, at which time all interested and concerned parties were given an opportunity to be present and express their views for the consideration of the Plan Commission, and as a result of said hearing, the Plan Commission made certain recommendations and certain conditions through a report dated November 12, 2007, a copy of which is attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, Section 332(c)(7) the Federal Telecommunications Act of 1996 prohibits the local goverrunents from regulating commercial. wireless antenna facilities based on the environmental effects of Radio Frequency (RF) enussions; as the F.C.C. has the exclusive jurisdiction to regulate such facilities based on RF emissions; and. WHEREAS, the Corporate Authorities have considered this matter at a Public Hearing and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use Permit complies with Village Ordinances and specific evidence was presented to establish that granting the permit would not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Un~ed Development Code, the Corporate Authorities have determined that the Special Use Permit shall be issued subject to conditions and restrictions as hereinaiicr set foiiii. 1VOSV, THEREFORE, I3E IT ORI3.AI?v~Ei~ B Y THE FRESII3ENT ANTS BOARu OF TRUSTEES OF THE VILLAGE OF iVIORTON~ GROVE, COOK COUNTY, ILLINOIS, A5 FOLL06VS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property commonly known as 8323 Nagle Avenue, Morton Grove, Illinois; is hereby granted a special use permit to allow for the installation of three microwave dish antennas on the existing tower and one ground-momited equipment cabinet at said address subject to the following conditions 1. The proposed three dish antennas and one ground-mounted equipment cabinet be constructed in accordance with the site plan and elevations dated October 4, 2007; 2. A variation be granted from Section 12-3-6C1 of the Village of Morton Grove Unified Development Code regarding screening, landscaping and fencing; 3. Local contact information be provided to the Building Corrunissioner for American Tower regarding property maintenance, prior to the issuance of a building permit; and 4. All other codes and ordinances be met. SECTION 3: A variation is hereby granted from Section 12-3-6C1 of the Village of Morton Grove Unified Development Code waiving requirements for landscaping, screening, and fencing: SECTION 4: The special use is granted for so long as the occupant anal the users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use granted hereunder. SECTION 6: Theapplicant/owner shall comply with all requirements of the Village of Morton Grove ordinances and codes that are applicable SECTION 7: 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 26`" day of November 2007. Trustee nruritier Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 26`h day of November 2007. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`~ day of November 2007. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois legis\ord\Plan Comm Case 07-07 SAC wireless i~.l~. Planning Commission Zoning Board of tkgp~als November 12, 2007 Village President Members of the Board of Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the Village Board On October 1 S, 2007, a public hearing was conducted by the Morton Grove Plar. Commission after being published on September 27, 2007 in The Champion newspaper, a sign posted on the property and written notification sent to property owners within 2S0 feet of the subject property as required by ordinance regarding: Plan Conunission Case PC07-07, wherein the applicant, SAC Wireless, 6SS First Bank Drive, Palatine, Illinois 60657, on behalf of Fibertower, requested a Special Use Permit to construct an installation of three microwave dish antennas on the existing tower and one ground-mounted equipment cabinet at 8323 Nagle Avenue. Ms. Bonnie Jacobson, Plamter, introduced the case for the Village. She noted that the original application called for the installation of one antenna on the tower, but the applicant, after further analyzing the site wished to add two additional antennas. She summarized her backgound memo and noted that none of the staff had any concerns regarding the case, and both the Appearance Commission and Traffic Safety Commission waived review. Ms. Jacobson also suggested that the la~tdscaping/screening requirement be waived. The tower is located in an obscure location in an industrial area by the Forest Preseive. The tower is also extremely large and has several other commercial wireless antennas located on it. The applicant, Touy PhiIlips of SAC Wireless testified on behalf of the applicant. He noted that the proposed system is different than other carriers in that it is a backhaul system supporting the different cellular carriers, and is a microware system that operates at higher frequencies than most carriers. He noted that this system is a more high tech alternative to the T-1 fiber optic system that allows cellular companies to better transmit information to remote locations and as a backup to the T-1. Mr. Phillips indicated that they had an independent consultant review their proposal. in terms of frequencies, and there is no problem with interference to/fiom other carriers or a1ry other issues. No interested parties registered for this case, but Mr. Eric Poders, a Morton Grove resident did express concerns. Mr. Poders indicated that he was concerned about the potential health risk to the employees of neighboring businesses. He was also poncerned about the maintenance of the property, noting there were piles of asphalt stored on the site, ui empty cable wheel and overhanging branches from neighboring properties on the site. Mr. Poders suggested the case be tabled. Richard T. Flickinger Mu~ucipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 3'el: (847) 965-4100 Fax: (847) 965-4162 ae:~y~iear~n~~ Commissioner Roepenack responded that the antennas are too high up on the tower to cause any health risks, and Ms. Jacobson added that the neighboring businesses were sent letters regarding the proposed case and did not respond with any concerns. The Commissioners then discussed what impact the maintena~ace issues had on approving a special use, and Chairman Farkas questioned whether the landscape requirement should be waived. At Commissioner Gabriel's suggestion, the Conunissioners concluded that the maintenance issue could be best addressed by adding a condition that the applicant provide the local contact information for the property owner, American Tower, for follow up by code enforcement. Commssioner Roepenack made a motion, which was seconded by Commissioner Gabriel to approve. an antenna and ground-mounted equipment installation at 8323 Nagle Avenue, subject to the following conditions: 1. That the proposed three dish antennas and one ground-mounted equipment cabinet be constructed in accordance with the site plan and elevations dated 10/4/07; 2. That a variation be granted from Section 12-3-6CI of the Village of Morton Grove Unified Development Code regarding screening, landscaping and fencing; 3. That local contact information be provided to the Building Conunissioner for American Tower regarding property maintenance, prior to the issuance of a building permit; and q. That all other codes and ordinances be met. The motion carried: Yes 5; No l; Absent 1 The voting: Chairman Farkas No Conunissioner Dorgan Absent Commissioner Gabriel Yes Commissioner Gattorna Yes Commissioner Goyal Yes Commissioner Patel Yes Conunissioner Roepenack Yes The "Findings of Fact" relative to the seven standards by which a Special Use is evaluated is attached to the report. Commdev/zoning/plancomm/pc07-07 report Findings of Fact Listed below are seven standards articulated in Section 12-16-4C of the Village of Morton Grove Unified Development Code upon which the Plan Conmiission based its decision. 1. Preservation of Health, Safety, Morals and Welfare -The establishment, maintenance and operation of the Special Use will not bedetrimental to or endanger the public health, safety, morals or general welfare. • The Plan Commission concluded that the public welfare would not be endangered by the d u.5tallatICn. DaSed C.^. the anrtirant'g tPCtimrnv ai~rl the faGY, Tlyat t11P 3S1t~°n^aS aT@ propose rr..__..,. _-., 165 feet high, the Commission concluded that there would be no iII effect on tine public and that the pubiie would actually be served by the proposed backhaul system for the ceII phone carriers. 2. Adjacent Properties -The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed alrterma installation will not be injurious to the use and enjoyment of surrounding property. The property is in an industrial zoning district surrounded by industria] uses. The antennas will be mounted on an existing microwave tower and will be barely visible. The ground-mounted equipment will be stored on the site which is already fenced from surrounding neighbors. 3. Orderly Development -The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. • The proposed installation is on an existing tower in an exisiing built-out industrial area that is not planned for redevelopment. Thus, orderly development is not impeded. 4. Adequate Facilities -Adequate utilities, aceess roads, drainage and other necessary facilities are fn existence or are being provided. • The proposed Special Use is on an existing tower where adequate facilities are already present. 5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress .designed to minimize traffic congestion on the public streets. The proposed use of tlae snbjeet site should not draw substantial amounts of traffic on local residential streets. • The proposed antelma nrstallation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission waived review of the case due to minimal traffic impact. 6. Adequate Suffering- Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. • There was discussion as to whether landscaping and screening was necessary, but the majority of the Commission felt that given the obscure location, the site was sufficiently screened by the existing fence. 7. Conformance to Other Regulations -The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Pla^ Commission and the Village Board of Trustees as a part of the special use permit. • The proposed installation will be required to adhere to all pertinent Village codes and ordinances and a variation was granted from Section 12-3-6C1 regarding the need for landscaping/screening around the ground-mounted equipment. The Commission deemed this requirement unnecessary due io the nature and locaiion of the site. Comdev~zoning~plancom\pc07-07 findings of Fact Ordinance 07-32 Adopting the Budgets for all Corporate Purposes of the Village of Morton Grove and the Morton Grove Library Effective January 1, 2008 and Ending December 31, 2008. (This document will be sent under separate cover on Friday, November 9, 2007.) Please attach this document once received, to your Agenda packet for easy reference. We apologize for any inconvenience this may have caused.