Loading...
HomeMy WebLinkAbout12/09/2003 COW agendaCOMMITTEE OF THE WHOLE AGENDA Meeting Location: Mt. Prospect Park District Community Center 1000 West Central Road Meeting Date and Time: Tuesday, December 9, 2003 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Gerald L. Farley Trustee Timothy Corcoran Trustee Michaele Skowmn Trustee Paul Hoefert Trustee Irvana Wilks Trustee Richard Lohrstorfer Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 11, 2003 Ill. CITIZENS TO BE HEARD IV. PRIMECO INFRASTRUCTURE MAINTENANCE FEE LITIGATION In 1997, the Illinois State Legislature created the Infrastructure Maintenance Fee (IMF) as a means of simplifying the long-standing "Franchise Agreement" system that governed how utilities operated within municipal rights-of-way. Mount Prospect, along with most other municipalities in the State, adopted the IMF in lieu of executing individual franchise agreements with the then rapidly expanding telecommunications industry. Since its adoption, the IMF has generated approximately $250,000 per year for the Village. The Constitutionality of the IMF was challenged by PrimeCo in a Suit against the City of Chicago and the Village of Skokie. Mount Prospect, through the Northwest Municipal Conference (NWMC), has contributed modest funding to Skokie to help underwrite the cost of defending the pending Suit since all municipalities have a strong interest in seeing the IMF legislation upheld as valid. The litigation has progressed to the point where the IMF has been declared invalid as to wireless telecommunication carriers, but the question is still undecided as to landline carriers. There is also a question as to whether wireless carriers are entitled to a refund of previously collected fees (about $400,000 in the case of Mount Prospect). As to these outstanding issues, the Court recently certified a Class Action Suit naming all municipalities in the State that have IMF provisions in place. As a named class defendant, Mount Prospect has the option of mounting a joint defense with other named defendants or "opting out" of the litigation and defending against the same issues on our own. After consulting with the Village Attorney, it is staff's recommendation that Mount Prospect join in a joint defense of the IMF Statute. Through the NWMC, a legal fund cost-sharing formula has been crafted based on population ($.25 per capita). Mount Prospect's initial assessment would be approximately $14,000. The NWMC is requesting that all municipalities participating in the joint defense execute an Intergovernmental Agreement. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATiON TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT ~00 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. VI. VII. Background information has been provided as part of the Committee of the Whole package. Village Attorney Everette Hill along with appropriate staff will be in attendance to facilitate discussion and answer questions. ABANDONEDSHOPPING CARTAMENDMENTS The Village continues to wrestle with the eyesore and expense of removing abandoned shopping carts from public rights-of-way. The current regulations are not punitive enough to motivate businesses to either prevent shopping carts from leaving their premises or actively recover carts from rights-of-way or the Public Works facility. The Village currently incurs upwards of $17,000 in overtime expense annually to pick up abandoned carts. Staff would like to discuss several changes to the current regulations designed to 1) motivate businesses to keep shopping carts from leaving their property and 2) ensure an easily enforceable mechanism for the Village to recover its out of pocket costs, including from out of town businesses. The attached report provides pertinent background information. Appropriate staff will be in attendance to facilitate discussion and answer questions. STAR LINE CONSULTING CONTRACT Mount Prospect has been a participant in the initial planning for a mass transit system that would connect the Northwest Suburbs (located along the Northwest Toliway (I-90/94) with the City of Chicago. That planning process has resulted in the development of the STAR Line proposal which is a melding of our own "Northwest Transit Corridor" Study and "Outer Circumferential Service" (along the E.J. & E Railway) planning efforts. With Metra as the lead transit agency and dozens of communities supporting the plan, a strong push is being made to secure substantial Federal funding for this $1.2 billion project as part of the next Federal Transportation Funding Bill. To that end, it is imperative that local communities work together, as well as with Metra, to develop a technically feasible and financially workable plan that will garner Federal support in a highly competitive "scramble" for transportation dollars. The STAR Line Municipal Task Force (of which Mount Prospect is a member) is strongly recommending that a consultant be retained to further study strategic policy, financial and advocacy issues critical to the success of the project. Mount Prospect has previously committed approximately $10,000 to early planning efforts. The Task Force leadership, with technical assistance from the Northwest Municipal Conference (NWMC), is asking members to commit up to $20,000 each toward underwriting the expense of further study. It is currently estimated that 2004 costs would be about $4,000 per community, Communities are being asked to adopt a Resolution memorializing said financial commitment. Due to the future economic benefits Mount Prospect would derive from implementation of the STAR Line project, staff recommends continued financial support for Task Force activities. Background information is provided. Appropriate staff will be in attendance to facilitate discussion and answer questions. POTENTIAL CODE AMENDMENTS & RELATED ISSUES On a day-to-day basis, staff sometimes finds that the Municipal Code either does not address, or addresses inadequately, citizen complaints or staff identified concerns regarding the upkeep, development or use of one's property. Additionally, over time, staff finds that current regulations are not keeping pace with prevailing trends in these same areas. As a result, from time-to-time, staff brings forward a "laundry list" of such concerns and issues for discussion by and direction from the Village Board prior to formally processing a number of potential Text Amendments. Zoning issues are the focus of this discussion. In addition, to the attached memorandum, staff will make a power point presentation at the Committee of the Whole meeting highlighting the nuances of each issue, as well answer questions and facilitate discussion. VIII. IX. X. VILLAGE MANAGER'S REPORT ANY OTHER BUSINESS ADJOURNMENT CLOSED SESSION PERSONNEL: 5 ILCS 120/2 (C) (2). "Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees." WRITTEN MINUTES OF MEETINGS: 5 ILCS 120/2.06 (c). "Each public body shall periodically, but no less than semi-annually, meet to review minutes of all closed meetings. At such meetings, a determination shall be made, and reported in an open session that (1) the need for confidentiality still exists as to all or part of those minutes or (2) that the minutes or portions thereof no longer require confidential treatment and are available for public inspection."