City Council Minutes -
January 24, 2007
MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, JANUARY 24, 2007
1. After
the Pledge of Allegiance to the Flag, Mayor LeGant called the meeting to
order at 7:30 p.m. City Clerk Herberts called the Roll of those
physically present as follows:
PRESENT:
Mayor Carl LeGant, Aldermen Robert Conrad, Wayne Straza, Karen
Michalczyk, John Von Drasek, Michael Smetana, Robert Pondelicek
ALSO
PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorney
Erik Peck, City Admin. Bailey, Police Chief Swanson , City Engineer
Fitzgerald, CDD Onderdonk, Atty. Cetwinski, Elec. Inspector Sweeney,
ESDA Coord. Norman, PC/ZBA Chrm. Fullmer, Deputy Chief Novak,
Police/Fire Bd. Meb. Welch
COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
Mayor
LeGant stated that the first order of business is the Public Hearing re:
the Community Development Block Grant Program (CDBG). Mr. Dudley
Onderdonk, Community Development Director for the City of Countryside,
provided a slide presentation listing details of the program. The
purpose of this meeting is to gather and document citizen’s views,
address proposals for funding and respond to any inquiries regarding the
program. No Council action is necessary tonight.
Mr.
Onderdonk noted that this is a Federal program administered by Cook
County. The application process involves holding two public hearings -
the first is tonight and the second will be held on February 14, 2007 at
7:30 p.m. Primary objectives of the CDBG Program are to promote viable
communities, produce decent housing, provide suitable living
environment, expand economic opportunities, eliminate slums and blight.
Guidelines
established to apply for funding - less than $200,000 for small cities;
not more than two projects; funding is not guaranteed; it is highly
competitive process with many restrictions on the funds. The City’s
main focus will be the removal of architectural barriers. If funded,
the grant requires matching City funds – the City proposes 12%, about
$35,000. The City will apply for the removal of architectural barriers
for physically disabled persons. They seek to improve accessibility with
ADA approved ramps at intersections; commercial curb cuts would be done
in the public right-of-way, not on private property. Benefits include
increased handicapped/ elderly mobility, provide safe transition at
these sites, prevent tripping hazards, reduce City liability and
increase community safety. Mr. Onderdonk provided an example of a ramp
with contrasting panels that meets both federal and state requirements.
He will begin preparing the application, hold the second public hearing,
receive Council authorization and file the application by February 16,
2007. That concludes the presentation; public input via verbal or
written comment is appreciated.
Mayor
LeGant opened the floor for public comment. There were no questions
from the audience. Ald. Pondelicek asked whether acceptance of these
funds subjects the City to certain federal impositions regarding
housing. Mr. Onderdonk stated this is a separate federal program that
applies strictly to funds used for implementing the handicap ramp
program; that is all the City is applying for; It does not include
housing programs. Ald. Straza stated that the list provided includes
“housing, services for elderly, special needs for persons with mental or
physical disabilities or homeless persons.” Mr. Onderdonk stated that
those are eligible activities for the program, but the City is not
applying for funds for those activities. Ald. Straza stated that by
asking for these particular funds within the guidelines of the total
program, do we fall within the 10% guidelines for the housing
requirement as established by the federal government and the county.
Mr. Onderdonk stated the 10% guidelines is a state law and this is
entirely outside the scope of that program. This is a free-standing
program. Mayor LeGant closed the Public Hearing. The second hearing
will be held February 14, 2007 at 7:30 p.m. in the Council Chambers.
OMNIBUS
AGENDA
2. Approval
of Minutes of January 10, 2007.
3.
Statement of Bills for the period ending January 24, 2007: $148,949.86.
4.
Application for a general business license from SAVE OUR SLEEP, INC.,
9727 W. 58th St. Type: Home office. Applicant: Betsy
Finn.
5.
Application for a general business license from NOVEON, 5401 Dansher
Road. Type Manufacturing. Applicant: Donald Bogus
6.
Subscription: HOPE HEALTH Newsletter – All Departments; Cost: $604.92.
7.
Financial Statement for period ending December 31, 2006.
8. Ald.
Smetana moved to approve the Omnibus Agenda as presented, seconded by
Ald. Von Drasek. Ald. Conrad questioned page 6 of the Statement of
Bills. He requested that future statements pertaining to FGM Architects
come before the Finance Committee prior to inclusion in the Omnibus
Agenda. Ald. Pondelicek questioned the item for Don Morris Architects,
25 inspections for $1,315 with no explanation. He asked for an itemized
list of inspections and that further items of this nature be included in
future Finance Committee meetings. Motion carried by unanimous voice
vote.
MAYOR’S
REPORT
9. Mayor
LeGant sought Council approval for reappointment to a one-year term
for Martin Sweeney to the Flagg Creek Golf Course Administrative Board.
Ald. Michalczyk moved to approve the reappointment, seconded by Ald.
Von Drasek and carried unanimously.
10. Mayor
LeGant asked Police Chief Swanson to introduce the City’s new patrol
officer – Brendan Gleespen. Chief Swanson introduced Officer Gleespen,
a resident of Countryside, to the City Council and residents. He has
been in the military. Officer Gleespen is recognized for his work at
the Police Academy and was awarded the Most Fit Male Representative out
of 80 officers. He also took the Marksmanship Award. We are very proud
of him and welcome him to the Countryside Police Force.
11. Police
Chief Swanson presented the Medal of Valor Award to Officer Steve
Muszynski for his heroic actions taken on August 25, 2005 at 12:30 p.m.
While pursuing an offender involved in a bank robbery at the Harris Bank
in LaGrange, Ofc. Muszynski gave chase along with other squads. He
came under rifle fire from the suspect but continued to pursue the
vehicle while the offender continued firing at police officers and
civilians in the area; one round struck just above the officer’s head in
the roof of the car; another in front of his fender. The suspect was
pursued to Addison where he committed a home invasion, barricaded
himself in the house and later died from self-inflicted gunshot wounds.
On behalf of the City Council, Police Department and residents of
Countryside, the City is proud to recognize Officer Steve Muszynski with
the Medal of Valor Award for his action.
12. Chief Swanson presented the Lifesaving
Award to Officer Joseph DiGangi. On September 30, 2006 at 2:30 p.m.
Officer DiGangi responded to a call of a child choking; he arrived to
observe a male adult holding a child upside down on the front lawn. The
daughter was choking on a gumball; in attempting to dislodge it, the
father feared he pushed it further into the child’s throat. Officer
DiGangi performed rescue maneuvers known as back blows, to help dislodge
the obstruction. The child was crying and clearly breathing. On behalf
of the City Council, Police Department and Countryside residents, the
City is proud to recognize Officer Joseph DiGangi for his heroic
lifesaving efforts. Officer DiGangi was also recognized by the
Illinois Chiefs of Police Association with the Lifesaving Award for
2007.
3. The Final Merit Award is presented to
Officer Ernie Millsap for his work during the past ten years on the
D.A.R.E. Program, which promotes responsible citizenship and for his
work with the Cops vs. Kids Basketball game at Gurrie Junior High. The
officers not only bond with youths but the event doubles as a
fundraiser. In the past the Department has raised money for police
officers killed in the line of duty, Special Olympics, and 911 Relief
Fund. Through the efforts of Officer Millsap and other participating
officers, funds were raised to purchase a special wheelchair and perform
modifications to a home of a handicapped student in District 105. This
year Officer Millsap will once again coordinate the 10th
Annual Cops vs. Kids Basketball game on February 27, 2007. On behalf of
the City Council, Police Department and residents of Countryside, Chief
Swanson presented Officer Millsap with the Merit Award. City Council
gave all three Officers a standing ovation and commended all the
officers for their actions. Photos were taken of the three Officers,
Chief Swanson and Deputy Chief Novak.
CITY CLERK’S REPORT
4. City Clerk Herberts sought Council
approval for attendance at the IIMC Conference in New Orlease, LA for
herself and the Deputy Clerk from May 22-26, 2007; estimated expenses
are $1,900 per person. Ald. Straza moved to approve the expense,
seconded by Ald. Smetana and carried unanimously.
COMMITTEE REPORTS
5. HUMAN RESOURCES COMMITTEE – ALDERMAN
PONDELICEK, CHAIRMAN, presented recommendations from the committee re:
disciplinary action for the Finance Director. After much discussion and
input from City Council members recommending termination, Ald.
Pondelicek moved to terminate the present Finance Director effective
January 25, 2007, seconded by Ald. Von Drasek and carried by Roll Call
vote – 6/0/1. Mayor LeGant opposed the motion.
6. Ald. Pondelicek recommended rescinding
City Council Policy #19 and the accompanying Resolution 01-03-R,
establishing economic benefits for non-bargaining unit sworn personnel.
The Resolution should be amended to reflect that it only pertains to
salary increases and not to benefits derived through bargaining. Ald.
Pondelicek moved to rescind the Resolution, seconded by Ald. Straza and
carried by unanimous voice vote.
Clerk Herberts declared that this will be
known as RESOLUTION 07-02-R.
17. POLICE COMMITTEE – ALDERMAN CONRAD,
CHAIRMAN stated that many discussions have occurred re: the ICMA-RC
VantageCare Program implemented by the City. He introduced Mr. Kelly
Bush, Vice President of the company. Mr. Bush discussed the retirement
savings plan products that they offer to governmental entities across
the nation. In 1999 the company pursued a private letter ruling from the
IRS for allowing a product like this to exist – a trust that is outside
of an employer group or union group. Ever since that time they have been
in consultation with the IRS. The IRS has never once said the plan is
illegal, The IRS said there is good basis for the plan, but,
unfortunately, there is no legislation relating to the plan. For the
benefit of the entire government force they need legislation passed on
this matter. The IRS has not shut the plan down nor told them to stop
taking contributions; they are still in negotiations with the IRS.
18. The company presented a Closing
Agreement to the IRS which is reviewed and revised by them. The
anticipation date for the current Closing Agreement is January 31 - the
third anticipation date; this matter has been pending for some time.
When the Closing Agreement is accepted –not one participant or one
employer in any plan will receive a tax consequence, pay penalties or
interest or back taxes. The company has $390 million in the plan with
130,000 participants and 551 plans established across the country.
Rumor to the contrary, there has been no fine imposed on the company.
They anticipate the IRS will allow them to continue taking contributions
until 12-31-07. At that time, January 1, 2008, they will either
transition into a more traditional mandatory plan or no further money
will be taken into the plan. Assets already in the plan may be used for
medical payments – tax free – just as the plan intended. If the IRS
changes the date to 9-30-07, they will take contributions through that
date. The IRS is not trying to shut them down but is trying to find
suitable middle ground that provides for a viable plan and option for
labor union groups and government entities across the nation.
19. Specific to the City of Countryside,
this plan was officially established with the company on September 19;
that date is on record with the IRS. All internal processing was
completed on October 19 – nothing to do with formal adoption of the
plan. October 1 began the 60-day open enrollment period. That time
line is very important. Not one municipality has shut down the plan nor
did they “unwind the plan” – started giving assets back to the
participants and paid payroll taxes on it. The IRS understands what is
going on; they are working on legislation behind the scenes; neither the
plan nor the company has been shut down; no fines or penalties have
been imposed on the company for operating the VantageCare Retirement
Health Savings Plan.
20. Ald. Smetana asked for an explanation re: “no
further funds put into the plan as of 12-31-07.” Mr. Bush stated that
after that date employees can no longer take money from their paycheck
and put it into the plan. This is a very aggressive plan; the reason
the IRS is allowing them the extra time is that they anticipate a
legislative fix over the next 12 months; if it doesn’t come, no
contributions can be made to the plan after that date. Participants do
not lose their money. The plan would have no new members unless they
transition into a more traditional mandatory plan, which they already
have. The company anticipates that happening. The number one IRS
negotiator, Senuta Low, is Director of the FSLG Group, will not divulge
any information regarding these negotiations; nothing can be disclosed.
21. Ald. Von Drasek asked if the Closing Agreement
becomes “mandatory” will all members be forced to participate in the
plan whether they wish to or not. Mr. Bush stated that if the Closing
Agreement is finalized on January 1, 2008, everything closes; if at that
time the Police Department establishes a mandatory plan, then everybody
would have to join. At present this is a voluntary plan and funds will
continue to flow into the plan for as long as the Closing Agreement
allows. Ald. Smetana asked how many communities are mandatory out of
the 551 plans nationwide; Mr. Bush stated that probably 80% are
mandatory – it’s an extremely complex product; the cash flow will
continue. Ald. Conrad thanked Mr. Bush for coming in from Washington
for the presentation. Most of the audience left the hearing room at
this time.
22. Ald. Conrad presented recommendations from the
committee meeting of 1-17-07 to terminate the present information
technology contract with CTC (WCMC) Ald. Conrad moved to concur with
the recommendation to terminate the contract with CTC, seconded by Ald.
Straza and carried unanimously. Mr. Bailey stated that the agreement is
actually with the WCMC, not CTC. Mr. Peck will provide the proper
language.
23. Ald. Conrad moved to approve the contract with
ISI pending attorney review and approval, seconded by Ald. Smetana and
carried unanimously.
24. Ald. Conrad moved to purchase a 2007 Crown
Victoria with trade in for $18,762.33 from Westfield Ford, seconded by
Ald. Von Drasek and carried unanimously.
25. Ald. Conrad moved to purchase a 2007 Ford
Expedition with trade in for $19,325 from Westfield Ford, seconded by
Ald. Pondelicek and carried unanimously.
26. Ald. Conrad moved to purchase two digital
in-car video systems for these new vehicles in the amount of $11,040,
seconded by Ald. Smetana and carried unanimously.
27. Ald. Conrad moved to purchase an IT server for
Records Management System at a cost of $8,873 to be taken from the
Federal Forfeiture Fund, seconded by Ald. Michalczyk and carried
unanimously.
28. Ald. Conrad presented the recommendation from
the Chief and Deputy Chief of Police to implement the red light photo
enforcement system. Ald. Conrad moved to concur, seconded by Ald.
Michalczyk. Chief Swanson stated the RedFlex Traffic System will do a
survey and make a recommendation to Council prior to the agreement. The
Chief believes it is a good program and has cut down on traffic
violations and accidents in the City. Motion carried by unanimous voice
vote.
29. FINANCE COMMITTEE – TREASURER STOFFELS,
CHAIRMAN, presented donation requests discussed by the committee. The
first is to sponsor the Helping Hand fundraiser in the amount of
$1,500. Ald. Smetana moved to approve the donation, seconded by Ald.
Straza and carried unanimously.
30. Treasurer Stoffels presented the request from
Southwest Suburban Center on Aging in the amount of $3,500. Ald.
Smetana moved to approve the donation, seconded by Ald. Conrad and
carried unanimously.
31. Treasurer Stoffels presented the request from
Illinois Issues in the amount of $100. Ald. Straza moved to approve the
donation, seconded by Ald. Smetana and carried unanimously.
32. HOTEL/MOTEL COMMITTEE – ALDERMAN MICHALCZYK,
CHAIRMAN, presented recommendations from the meeting of 1-22-07, to
consider remaining with the Heritage Tourism Bureau with membership in
the amount of $1,500. Ald. Von Drasek moved to approve, seconded by Ald.
Pondelicek and carried unanimously.
Clerk Herberts declared that this will be known as
RESOLUTION 07-03-R.
33. Ald. Michalczyk proposed renewal of Enterpriz
Cook County membership in the amount of $500. Ald. Straza moved to
approve, seconded by Ald. Pondelicek and carried
unanimously.
LEGAL REPORT
34. City Attorney
Peck presented the recommendation of the PC/ZBA on the zoning variance
to Sec. 10-6A-1 to permit outdoor display / sales at 5345-49 LaGrange
Road. At the hearing held on January 2, 2007 they determined that all
requirements were met for the variance; It is their recommendation to
approve the variance with the following conditions: (1) outdoor
displays permitted only during business hours; (2) All display items be
removed after business hours and stored inside; (3) All display items
remain on applicants’ private property not in the public right-of-way;
(4) Display items must not obstruct any required parking for the
location; (5) The City Council retains jurisdiction to review the
variance should any problem arise. Ald. Smetana moved to concur with
the recommendation, seconded by Ald. Von Drasek, carried unanimously.
Clerk Herberts
declared that this will be known as ORDINANCE 07-04-O.
35. Attorney Peck
presented the recommendation of the PC/ZBA regarding the application of
Ankica Pervan. She requested a zoning variance to Sec. 10-5C-5
permitting a 20’ front yard setback instead of the required 30’ setback
on property commonly known as 40 E. Plainfield Road. The PC/ZBA found
that the applicant did not meet the requirements for a zoning variance
and they recommended to deny the request. Ald. Von Drasek moved to
concur, seconded by Ald. Conrad and carried unanimously.
36. Attorney Peck
presented a draft ordinance updating the business license code for
occupations (contractors) licensed by the state. At the recommendation
of Mr. Hudson it has been revised so that contractors not listed
independently are required to be listed by the State of Illinois. The
Code gives the Building Official (Mr. Hudson) the ability to suspend the
license of a contractor for 60 days for failure to comply with City
Codes; the suspension is at his discretion but is appealable to the
PC/ZBA. Ald. Von Drasek moved to adopt the Ordinance as presented,
seconded by Ald. Conrad and carried unanimously.
Clerk Herberts
declared that this will be known as ORDINANCE 07-05-O.
37. Attorney Peck
discussed the possibility of annexing the mobile home park on Joliet
Road. To enable the process of annexation, the land that surrounds the
mobile park needs to be incorporated into the City. Annexation of
the apartment buildings to the north of the mobile home park is
required. There are two lots owned by Mr. Bonnette. With Council’s
direction, the attorney will contact him to see if he is interested in
annexing his property into Countryside. Ald. Von Drasek moved to
authorize the attorney to proceed with the plan, seconded by Ald.
Michalczyk and carried unanimously.
ADMINISTRATOR’S
REPORT
38. City
Administrator Bailey sought Council approval to attend the ILCMA Winter
Conference in Peoria, IL, February 21-23, 2006 at the estimated cost of
$300. Ald. Conrad moved to approve, seconded by Ald. Smetana and
carried unanimously.
39. Mr. Bailey
presented the recommendation to approve payment for the emergency
generator in the amount of $247,948 to Cummins NPower. Ald. Straza
moved to approve payment, seconded by Ald. Von Drasek and carried
unanimously.
40. Mr. Bailey
discussed the barricade and fence along 5th Avenue Cutoff.
Cost estimate for the eight foot high chain link fence is approximately
$4,500 including construction and engineering cost. Ald. Michalczyk
stated that she met with residents and determined they would be happy
with a temporary barricade and a “No Trespassing” sign to deter
people. The City does not need to expend monies since the County will
take care of it in 2009. Ald. Von Drasek discussed the matter with
residents; when the County does its improvement the new fence will be
torn down; so it is a waste of money. He believes the temporary
barricade and possibly increasing the fine for fly dumping is adequate.
If the violator is caught, his vehicle could be impounded. The Chief
was asked to provide increased night patrol of the area. Ald.
Michalczyk moved to install temporary barricades and provide additional
signage for the area, seconded by Ald. Von Drasek and carried
unanimously. The City will need to get County approval for any action
taken. Mr. Fitzgerald will investigate the site and make a
recommendation to the City and the Ward 2 Aldermen.
STAFF REPORTS
41. City Engineer
Fitzgerald provided project updates on the 2007 MFT Street
Rehabilitation Program. Surveying work is underway; they expect to go
out for bids in six weeks. The 2007 Water Main Replacement project
survey work is completed; design is underway; that should go out for
bids in about three weeks.
42. The 5th
Avenue Cutoff pre-concept engineering – all survey work is completed;
the signal warrant study also has been completed at the intersection of
Willow Springs Road and 5th Ave. Cutoff. The area does meet
one of the eight warrants, so it is being sent to Cook County and IDOT
for review. When paperwork is returned, it will be presented to
Council. The outfall study to investigate drainage for future design of
that site is expected to take another 8-10 weeks to complete. After
pre-concept engineering is complete, design work will begin. Money
programmed for 2009.
ADJOURNMENT
There being no
further business to discuss, Ald. Von Drasek moved to convene into
Executive Session under Section 2Aa of the Open Meetings Act for the
purpose of discussing labor negotiations, seconded by Ald. Pondelicek
and carried by unanimous Roll Call vote.
Mayor LeGant
declared the meeting adjourned at 8:32 p.m.
SHIRLEY C.
HERBERTS, CITY CLERK
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