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HomeMy WebLinkAbout2. COW Minutes 01/10/2012COMMITTEE OF THE WHOLE MINUTES January 10, 2012 CALL TO ORDER — ROLL CALL The meeting was called to order at 7:12 p.m. in the Village Board Room of the Village Hall, 50 South Emerson Street, by Mayor Irvana Wilks. Trustees present included Arlene Juracek, John Korn, Paul Hoefert, John Matuszak, Steven Polit, and Michael Zadel. Staff present included Village Manager Michael Janonis, Assistant Village Manager David Strahl, Public Works Director Sean Dorsey, Police Chief John Dahlberg, Sergeant Bob Smith, Forestry Superintendent Sandy Clark, Village Attorney George Wagner and Administrative Intern Alex Bertolucci. II. ACCEPTANCE OF MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 22, 2011. Motion made by Trustee Polit seconded by Trustee Juracek to approve the minutes. Minutes were approved. ACCEPTANCE OF MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF DECEMBER 13, 2011. Motion made by Trustee Hoefert seconded by Trustee Korn to approve the minutes. Minutes were approved. III. CITIZENS TO BE HEARD None IV. PREVAILING WAGE IMPACTS Public Works Director Sean Dorsey provided an informational overview of the prevailing wage interpretation by the Illinois Department of Labor. He stated this recent interpretation constitutes a backdoor mandate. He stated that previously jobs had been listed under prevailing wage provisions specifically, but the recent interpretation constitutes an expansion by the Illinois Department of Labor to include landscaping, tree trimming, and grass mowing as inclusive of the prevailing wage requirements. He stated this will have a significant impact on landscape work activity paid with public funds moving forward. He stated that paying prevailing wages would increase the cost of forestry contract work by 65% or $750,000. Staff is currently working with various associations in an attempt to exempt tree related work from falling under prevailing wage requirements at the legislative level. He stated there was also some discussion regarding the option of establishing a local survey to determine a prevailing wage based on home rule powers. General comments from the Village Board members included the following items: • There was a general discussion regarding the history of prevailing wage requirements. • It was noted that it appears as if the State is dictating how local funds are supposed to be spent. • It was also felt that prevailing wages do not reflect the marketplace adequately. Committee of the Whole Page 1 of 4 1/10/12 It was also stated that the use of the prevailing wage rates appears to be anti- competitive. Village Attorney George Wagner spoke. He stated that the Illinois Department of Labor has expanded its interpretation which is problematic since it has no rule making authority under the act, but has presumed that role on their own. He also stated there are some significant penalties which the Village might be exposed to through IDOL enforcement investigations and such authority does seem like a conflict of interest. He stated the Village could challenge the rates based on a State survey utilizing local survey results; however, there is no guarantee such a survey would be accepted by the Illinois Department of Labor and such a survey would have to be repeated annually to ensure rates are market - based. Consensus the Village Board was to authorize staff to investigate different avenues available to challenge the expansion of the prevailing wage to include landscaping work and to determine whether a local wage survey would provide any meaningful relief. V. MASSAGE PARLOR REGULATIONS Assistant Village Manager David Strahl provided an overview of the draft ordinance and the modifications based on previous input from the Village Board. He stated the ordinance was reviewed with by a massage business operator who offered input as to modifications to the previous draft ordinance which have been included in a redlined version. Among the items suggested were the ability to see into the establishment from the outside and removal of any opaque coverings attached to exterior windows. He also stated that the State has preempted the Village from outright prohibition of such establishments; therefore, the ordinance focuses on ensuring that establishments have properly licensed operators which can be confirmed through staff inspection. General comments from the Village Board members included the following items: It was noted that the Park District offers massages to patrons under 18 and it was suggested that the ordinance be modified to be inclusive of patrons under 18 with proper parental supervision. A clarification discussion ensued regarding the information the Village may obtain from the business to ensure that it does not include any information relating to the employee /employer relationship. There was also an inquiry whether the Village passes on violation information to the State Department of Registration. Consensus of the Village Board was to move forward with the ordinance as proposed with a modification regarding the patrons under 18 years of age. VI. BLACKOUT INTERSECTIONS FOR CHARITABLE SOLICITATIONS Administrative Intern Alex Bertolucci provided a general overview of on street solicitation typically at intersections with traffic signals. He stated that much of the solicitation is undertaken by nonprofit community -based organizations; however, it cannot be limited to just those organizations through Village ordinance regulation. He stated that due to the complexity of traffic movements in these intersections it is recommended that Committee of the Whole Page 2 of 4 H: \VILM \Cow\2012 \Minutes \Cow Minutes 1- 10- 12.docx such solicitations be prohibited during the winter months of November through February. He stated these months are typically the more challenging months in terms of weather which could pose additional issues among solicitors. He stated that the draft ordinance requires an application with a 30 day advance notice. He also stated the ordinance prohibits on street solicitation at intersections with split jurisdictions. If the solicitors obtained permits from an adjoining community to work the intersection they tend to drift into Mount Prospect jurisdiction. General comments from the Village Board members included the following items: • There was some discussion regarding enforcement of the ordinance at a split jurisdiction intersection. • A discussion ensued regarding the suggestion that a split jurisdiction intersection should be considered to be removed from the list of prohibited intersections. • There was also discussion about why particular intersections were outright prohibited from solicitation. • There was a discussion regarding the intersection of Central /Northwest Highway and what unique features are present at that intersection in terms of safe solicitation. • It was also suggested that the Village might attempt to regulate non - charitable organizations without local community connection, if possible. Consensus of the Village Board was to direct staff to incorporate the Board comments into the draft ordinance and reach out to nonprofit organizations that typically solicit at the intersections in question for their input. Also to consider revising the ordinance to specifically list intersections in which solicitation is prohibited and review the intersection traffic data to determine if prohibited intersections all meet the criteria. VII. DEREGULATION OF TAXI LICENSING Police Chief John Dahlberg stated that the Police Department staff is in the process of gearing up for the annual license process of approximately 43 taxicabs that require inspection and licensing for the upcoming year. He is bringing this topic to the Village Board for discussion purposes due to the extensive staff time necessary to undertake the licensing process and feels that there is very limited value added to the process based on the staff investment. He is recommending that the Village eliminate the individual taxi licensing process. He stated the taxi companies would be licensed as before, but not the individual vehicles. Police Sergeant Robert Smith spoke. He provided a general overview of the process that is required to license each taxi vehicle. He stated that it takes approximately 1 to 1 1/2 hours of staff time per vehicle assuming there are no follow -up issues with that particular vehicle. General comments from the Village Board members included the following items: • A number of Board members supported the staff recommendation. • There was also a question regarding the Illinois Commerce Commission regulations and how they impact the licensing requirements. Consensus of the Village Board was to consider staff recommendation for deregulation at an upcoming Village Board meeting. Committee of the Whole Page 3 of 4 H: \VILM \Cow\2012 \Minutes \Cow Minutes 1- 10- 12.docx VIII. MANAGER'S REPORT Village Manager Janonis stated that the pending water rate increase that the City of Chicago is imposing upon the participants in the Joint Action Water Agency will come back for a discussion at the Committee the Whole meeting on January 24. He also wanted to let everyone know that the Coffee with Council meeting is scheduled for January 14 at the Village Hall Community Center from 9 am to 11 am. IX. ANY OTHER BUSINESS None VII. ADJOURNMENT The meeting adjourned at 9:58 p.m. DAVID STRAHL Assistant Village Manager Committee of the Whole Page 4 of 4 H: \VILM \Cow\2012 \Minutes \Cow Minutes 1- 10- 12.docx