July 15, 2014

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July 15, 2014
MEETING NOTICE
Village Board
Tuesday, July 15, 2014
7:30 p.m.
@
Cary Village Hall
655 Village Hall Drive
Cary, IL 60013
Mark Kownick, Mayor
AGENDA
I.
II.
Call to Order
Roll Call
III.
Pledge Of Allegiance
IV.
Open Forum
The public is invited to make an issue-oriented comment on any matter of public concern
not otherwise on the agenda.
V.
VI.
VII.
Approval of Minutes - July 1, 2014 Village Board Meeting
Mayor’s Report
1. Retirement Recognition – Patrol Officer Tim Sanford
2. Employee Recognition – Sergeant Chris Winkelmann
Consent Agenda
1. Consider for Approval the Warrant Dated 07/15/2014
2. Consider for Approval the July 1, 2014 Committee of the Whole Meeting Minutes
3. Consider for Approval (Resolution #R14-07-04) a Mobile Device Policy
VIII.
Items for Separate Action
1. Consider for Approval (Ordinance #O14-07-02) Granting a Variance to Allow a Shed
to be Setback Three Feet (3’) From the Side Lot Line Instead of the Minimum Required
Eight Feet (8’) for the Property Located at 125 Briargate Road
2. Consider for Approval (Ordinance #O14-07-03) Amending the Text Provisions of the
Village of Cary Zoning Ordinance to Increase the Maximum Allowable Height For
Elementary Schools, Junior High/Middle Schools and High Schools in the E1, R1 and
R2 Residential Zoning Districts
3. Consider for Approval a Video Gaming License for Tracks Bar and Grill located at 108
W. Main Street
4. Consider Rescinding Ordinance #O14-06-01, Adopted on June 17, 2014, Granting a
Comprehensive Plan Amendment, Map Amendment, Conditional Use, Variations &
Final Plat of Subdivision for the Property Located at 225 N. First Street, Cary, Illinois
5. Consider for Approval (Ordinance #O14-07-04) the Northern Illinois Police Alarm
System (NIPAS) Agreement
IX.
X.
XI.
XII.
Administrator’s Report
Department Head Reports
Future Agenda Items and Discussion by Village Board
Executive Session:
Executive Session Meeting Minutes
Pending Litigation
Setting Sale Price of Village Property
XIII.
Action on Executive Session
1. Consider for Approval Executive Session Meeting Minutes of March 8, 2014; March
18, 2014; April 15, 2014; May 6, 2014; and May 13, 2014, Not for Release
XIV.
Adjourn
Next Ordinance #O14-08-01
Next Resolution #R14-08-01
The Village of Cary is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend
this meeting and who require certain accommodations so that they can observe and/or participate in this meeting, or who have questions
regarding the accessibility of the meeting or the Village’s facilities, should contact Chris Clark, the Village’s ADA Coordinator at (847) 6390003 [TDD (630) 845-2180] promptly to allow the Village to make reasonable accommodations for those persons.
July 15, 2014
Village Board Meeting
Agenda Item:
Approval of Minutes – July 1, 2014 Village Board Meeting
Report From:
Village Administrator
Motion:
I will entertain a motion to approve minutes of July 1, 2014 Village Board Meeting.
Exhibits
A. Draft July 1, 2014 Village Board Meeting Minutes
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
Minutes
Village Board
Tuesday, July 1, 2014
7:30 p.m.
@
Cary Village Hall
655 Village Hall Drive
Cary, IL 60013
I.
II.
Call to Order
This meeting was called to order at 7:30 p.m. by Mayor Kownick.
Roll Call
Present: Trustees Dudek, Kaplan, Chapman, Lukasik and Bragg
Absent: Trustee Kraus
Others present included Village Clerk Bragg, Village Attorney Coppedge, Village
Administrator Clark, Assistant Village Administrator Rife, Police Chief Finlon, Finance
Manager Ventrella, Director of Community Development Stilling, Assistant Public Works
Director Walsh and members of the audience per the sign-in sheet.
III.
Pledge Of Allegiance
Mayor Kownick led in the recitation of the Pledge of Allegiance.
IV.
Open Forum
The public is invited to make an issue-oriented comment on any matter of public concern
not otherwise on the agenda.
Motion: Trustee Chapman moved, seconded by Trustee Bragg to move Open Forum to
after the Mayor’s Report.
Discussion
None.
Ayes: All ayes by voice vote
Nays: None
Motion Carried.
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Minutes - Village Board Meeting
July 1, 2014
____________________________
V.
Mayor’s Report
1. Employee Recognition – Al Ribbon (Public Works Department) 25 Year
Employment Anniversary
Mayor Kownick and Assistant Director of Public Works Walsh recognized Al Ribbon
of the Public Works Department for his year employment anniversary.
2. Swearing in of Dominick Accolti to the Cary Police Department
Mayor Kownick swore in Patrol Officer Dominick Accolti to the Cary Police
Department.
3. PROCLAMATION Recreation and Parks Month (July 2014)
Mayor Kownick proclaimed July 2014 as Recreation and Parks Month in the Village of
Cary.
VI.
Approval of Minutes - June 17, 2014 Village Board Meeting
Motion: Trustee Kaplan moved, seconded by Trustee Bragg to approve Minutes of June
17, 2014 Village Board Meeting.
Discussion
None.
Ayes: Bragg, Chapman, Dudek, Kaplan and Lukasik
Nays: None
Motion Carried.
Trustee Kaplan exited the Village Board Room.
VII.
Open Forum
The public is invited to make an issue-oriented comment on any matter of public concern
not otherwise on the agenda.
Mayor Kownick provided an overview regarding the Pedcor project. Mayor Kownick
stated the Pedcor project is not Section 8 housing and is not associated with the HUD
program. Mayor Kownick stated the funding Pedcor gets is based on tax credits they
receive from the Internal Revenue Service. Mayor Kownick stated the Pedcor project is
expected to generate 13-14 children, two of which will be pre-school age. Mayor Kownick
stated there would be approximately nine children expected to go to District #26 schools
and three children to District #155.
Mayor Kownick stated the Pedcor project was approved 4-2 at the June 17, 2014 Village
Board meeting. Mayor Kownick stated Pedcor is now in the process of applying for tax
credits.
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Minutes - Village Board Meeting
July 1, 2014
____________________________
Mayor Kownick stated that when the Pedcor project is issued a building permit, a $754,000
impact fee will be paid and will be distributed to the various taxing bodies. Mayor
Kownick stated he is looking for new opportunities for growth in the Village and stated his
support for the Pedcor workforce housing project. Mayor Kownick described the screening
process that tenants are required to be approved through.
Mayor Kownick stated the Pedcor project has been compared to the Oak Knoll apartment
complex. Mayor Kownick stated Oak Knoll apartments are experiencing an increase in
residency and the Oak Knoll apartment management has been accommodating to recent
Village requests. Mayor Kownick stated police calls to Oak Knoll apartments have
decreased.
Mayor Kownick stated up to 13 apartments can have Choice Vouchers, which take as long
as 4½ years to obtain. Mayor Kownick stated the Village is below the 10% affordable
housing threshold standard set by state guidelines and the Village now has approximately
6.9% affordable housing.
Mayor Kownick stated Pedcor’s building design is similar to upscale townhomes or
condominiums. Mayor Kownick stated the importance of bringing development to the
community.
Mayor Kownick provided an overview of the forum for tonight.
1. Bill Pickett, 324 Oriole, addressed the Village Board regarding the National Night Out
scheduled for downtown Cary on August 5, 2014. Mr. Pickett also addressed the
Village Board regarding the Citizen Police Academy beginning in the fall of 2014.
2. Janelle Jurcik, 13 Wagner, addressed the Village Board regarding her opposition to the
Pedcor project.
3. Katy Breitenbach, 316 Pearl, addressed the Village Board regarding her opposition to
the Pedcor project.
4. Ed Garcia, 13 Wagner, addressed the Village Board regarding his opposition to the
Pedcor project’s location.
5. Bret Towns, 909 Chancery Lane, addressed the Village Board regarding the positive or
negative affect of the Pedcor project.
6. Adam Dziubala, 105 Wagner, addressed the Village Board regarding his opposition to
the Pedcor project.
7. Michael Collins, 335 Bell Drive, addressed the Village Board regarding his opposition
to the Pedcor project’s location.
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July 1, 2014
____________________________
8. Loralee Hartje, 401 High Road, addressed the Village Board regarding her opposition
to the Pedcor project.
9. Colleen Bossier, 845 Colleen Drive, addressed the Village Board regarding her
opposition to the Pedcor project.
10. Marty Collins, 335 Bell Drive, addressed the Village Board regarding her opposition to
the Pedcor project.
11. David Lamb, 419 Wentworth Circle, addressed the Village Board regarding his
opposition to the Pedcor project.
12. Derek Lieske, 7 W. James Way, addressed the Village Board regarding his opposition
to the Pedcor project.
13. Michael Rein, 20 Northwest Highway, addressed the Village Board regarding his
concern of the Pedcor project’s potential tenants. Mr. Rein stated he is opposed to
Pedcor project’s location.
14. Patrick Smith, 11 Fernwood, addressed the Village Board regarding the order of the
agenda items. Mr. Smith stated he is opposed to the Pedcor project.
15. Steve Thalleaner, 131 Turkey Hill, addressed the Village Board regarding his concern
if any Board member has toured a Pedcor facility. Mr. Thalleaner stated his concern
regarding the 6.7% current affordable housing figure and the potential of lowering
Cary’s average household income figures.
16. Michael Dorien, 7102 Mallard Way, addressed the Village Board regarding the long
term financial covenants involved with the Pedcor project. Mr. Dorien asked for
clarification on Trustee Kaplan’s absence from the Pedcor discussions.
17. Susan Gort, 230 First Street, addressed the Village Board regarding any improvements
that will occur for her residence across the street from the Pedcor project.
18. Melissa Victor, 16 Ivanhoe Lane, addressed the Village Board regarding whether the
Village Board would have considered another developer for this site and tax incentives
for small businesses. Ms. Victor asked the Village Board to share their research with
the public.
19. Bill Pierson, 211 Fox Street, addressed the Village Board regarding his opposition to
the Pedcor project.
20. Paige Nardi, 464 Wentworth Circle, addressed the Village Board regarding her
opposition to the Pedcor project.
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July 1, 2014
____________________________
21. Charles Stewart, 244 Leith Way, addressed the Village Board regarding his opposition
to the Pedcor project.
22. Roe Ostegard, 515 Crest Drive, addressed the Village Board regarding her opposition
to the Pedcor project.
23. Anthony Brunski, 337 Bell Drive, addressed the Village Board regarding his opposition
to the Pedcor project.
24. Brian Naonis, 1605 Stag Trail, addressed the Village Board regarding his opposition to
the Pedcor project.
Trustee Lukasik stated the Pedcor project will be taxed and assessed differently than other
residents at a fair market value. Trustee Lukasik asked that the entire Village Board listen to
residents’ concerns. Trustee Lukasik stated her opposition to the Pedcor project.
Trustee Bragg stated more information needs to be shared by both the public and the Village
Board.
Trustee Bragg asked to bring this item back to the July 15, 2014, Village Board meeting for
reconsideration.
25. Brian Jaber, 23 Jefferson, addressed the Village Board regarding his concern about the
Pedcor project and the process for its approval. Mr. Jaber stated he believes the
decision should be reversed and deserves further reconsideration.
26. Dawn Penzyk, 66 Duxbury, addressed the Village Board regarding information being
distributed to all residents in the community regarding the Pedcor project.
There being no further comments from the public, Mayor Kownick closed Open Forum. Mayor
Kownick called for a five minute recess so Trustee Kaplan could re-join the Village Board
meeting.
Mayor Kownick reconvened the Village Board Meeting at 9:35 p.m. Trustee Kaplan returned to
the Village Board meeting.
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July 1, 2014
____________________________
VIII.
Consent Agenda
1. Consider for Approval the Warrant Dated 07/01/2014
2. Consider for Approval the June 17, 2014 Committee of the Whole Meeting
Minutes
Motion: Trustee Chapman moved, seconded by Trustee Bragg to approve the
Consent Agenda Items #1 and #2.
Discussion
None.
Ayes: Bragg, Chapman, Kaplan, Lukasik and Dudek
Nays: None
Motion Carried.
IX.
Items for Separate Action
1. PUBLIC HEARING to Consider for Approval (Ordinance #O14-07-01) Making
the Annual Appropriation Ordinance for the Village of Cary, McHenry County,
Illinois, for the Fiscal Year Beginning May 1, 2014 and Ending on April 30, 2015
Motion: Trustee Lukasik moved, seconded by Trustee Bragg to open the Public
Hearing to consider for approval (Ordinance #O14-07-01) making the Annual
Appropriation Ordinance for the Village of Cary, McHenry County, Illinois, for the
Fiscal Year beginning May 1, 2014 and ending on April 30, 2015.
Discussion
None.
Ayes: All ayes by voice vote
Nays: None
Motion Carried.
Motion: Trustee Lukasik moved, seconded by Trustee Bragg to close the Public
Hearing to consider for approval (Ordinance #O14-07-01) making the Annual
Appropriation Ordinance for the Village of Cary, McHenry County, Illinois, for the
Fiscal Year beginning May 1, 2014 and ending on April 30, 2015.
Discussion
None.
Ayes: All ayes by voice vote
Nays: None
Motion Carried.
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2. Consider for Approval (Ordinance #O14-07-01) Making the Annual
Appropriation Ordinance for the Village of Cary, McHenry County, Illinois, for
the Fiscal Year Beginning May 1, 2014 and Ending on April 30, 2015
Motion: Trustee Dudek moved, seconded by Trustee Lukasik to approve (Ordinance
#O14-07-01) making the Annual Appropriation Ordinance for the Village of Cary,
McHenry County, Illinois, for the Fiscal Year beginning May 1, 2014 and ending on
April 30, 2015.
Discussion
Finance Manager Ventrella gave an overview of the annual State of Illinois
requirements for the Village of Cary’s Appropriation Ordinance. Finance Manager
Ventrella stated the Appropriation Ordinance provides the legal authority under which
the Village allocates money for spending activities and establishes the Village’s legal
spending limit for the fiscal year.
Ayes: Dudek, Bragg, Chapman, Lukasik and Kaplan
Nays: None
Motion Carried.
3. Consider for Approval a “Class F” Temporary Liquor License Permit for the
Cary Lions Club Honor Flight Fundraiser on July 26, 2014 and July 27, 2014
Motion: Trustee Chapman moved, seconded by Trustee Bragg to approve a “Class F”
temporary liquor license permit for the Cary Lions Club Honor Flight fundraiser.
The license shall be effective for Saturday, July 26, 2014 and Sunday, July 27, 2014
from 11:00 AM to 10:00 PM.
Discussion
Director Stilling stated this is an annual family event held at Lake Julian. Director
Stilling further stated the Cary Lions will be providing a security officer at the event.
Ayes: Chapman, Bragg, Lukasik, Kaplan and Dudek
Nays: None
Motion Carried.
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____________________________
4. Consider for Approval (Resolution #R14-07-01) Awarding the Contract for the
2014 Crack Sealing Program With Denler, Inc., Mokena, IL
Motion: Trustee Bragg moved, seconded by Trustee Dudek to approve (Resolution
#R14-07-01) a contract with Denler, Inc., Mokena, Illinois, for the 2014 Crack
Sealing Program in an amount not to exceed $50,000.00.
Discussion
Administrator Clark stated this is an extension of an agreement that is part of the
Village’s Municipal Partnering Initiative.
Ayes: Bragg, Dudek, Chapman, Kaplan, Lukasik
Nays: None
Motion Carried.
5. Consider for Approval (Resolution #R14-07-02) Awarding the Contract for the
2014 Thermoplastic Lane Marking Program With Superior Road Striping, Inc.,
Melrose Park, IL
Motion: Trustee Chapman moved, seconded by Trustee Bragg to approve (Resolution
#R14-07-02) a contract with Superior Road Striping, Inc., Melrose Park, Illinois, for
the 2014 Thermoplastic Lane Marking Program in an amount not to exceed
$50,000.00.
Discussion
Administrator Clark stated this contract is done through the Northwest Municipal
Conference as part of their Suburban Purchasing Cooperative. Administrator Clark
indicated this project will occur earlier in the season than last season.
Trustee Chapman asked for an inventory of roads scheduled for lane marking.
Administrator Clark stated he will furnish Trustee Chapman with an inventory of roads
that are scheduled for lane marking.
Ayes: Chapman, Bragg, Dudek, Kaplan, Lukasik
Nays: None
Motion Carried.
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July 1, 2014
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6. Consider for Approval (Resolution #R14-07-03) to Approve a $20,000
Contribution to the Cary Grove Area Chamber of Commerce for the Fall Festival
Event
Motion: Trustee Bragg moved, seconded by Trustee Dudek to approve (Resolution
#R14-07-03) authorizing a $20,000 contribution to the Cary Grove Area Chamber of
Commerce for the Fall Festival event.
Discussion
Administrator Clark gave an overview of the ongoing planning process for the Fall
Festival event, scheduled for September 27 and 28 in downtown Cary. Administrator
Clark stated the Chamber is looking for funding assistance from the Village to fund the
Big Buzz Idea Group management fee and for the bands. Administrator Clark further
stated the $20,000 will be split between two payments of $10,000 each, and that the
Village will not be getting reimbursed for these funds.
Trustee Kaplan asked about insurance coverage for this event in the case of rain.
Administrator Clark stated he would research this at the next planning meeting with the
Chamber and report all findings back to the Board.
Trustee Kaplan asked if the Village’s contribution is one of the largest towards this
event. Administrator Clark said he did not know of the contributors yet, but expected
other corporate sponsorships for the event.
Trustee Chapman voiced his concern that the Village is setting a precedent with the
$20,000 contribution amount and that other organizations may approach the Village
asking for at least $20,000 to assist their organization.
Motion: Trustee Chapman moved, seconded by Trustee Lukasik to amend this item to
an appropriation of $10,000.
Discussion
Administrator Clark asked Trustee Chapman since this is a first year event, to
reconsider the additional $10,000 contribution after September when more facts are
known. Trustee Chapman stated he would support that.
Mayor Kownick stated this budget line item was approved during the budget process.
Mayor Kownick further stated area business owners are enthusiastic about this event.
Trustee Kaplan stated his support of funding this event and that this is seed money to
showcase the community.
Trustee Dudek stated his support of funding this event.
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Trustee Lukasik stated she understood the Village of Cary was going to get a return on
this $20,000 investment.
Trustee Bragg stated his support of funding this event.
Ms. Ellen McAlpine, 545 Red Cypress, addressed the Village Board stating she is a
member of the Chamber of Commerce. Ms. McAlpine stated the Chamber and many
business owners are enthusiastic about the Fall Festival event.
Administrator Clark gave an overview of some of the risks involved with hosting a
major Village event.
Mr. Joe Morgan, 42 Franke Ave., addressed the Village Board stating his support of
funding this project.
Ayes: Chapman
Nays: Lukasik, Bragg, Kaplan, Dudek
Motion Failed.
Motion: Trustee Bragg moved, seconded by Trustee Dudek to approve (Resolution
#R14-07-03) authorizing a $20,000 contribution to the Cary Grove Area Chamber of
Commerce for the Fall Festival event.
Ayes: Bragg, Dudek, Kaplan, Lukasik
Nays: Chapman
Motion Carried.
X.
Administrator’s Report
Administrator Clark updated the Village Board on the following:
1. Potential Parking Ordinance – Chief Finlon indicated there is a parking issue on
Sunset & Second Street that does not allow vehicles to easily drive opposite each other
because there is parking on both sides of the streets. Chief Finlon suggested the parking
restrictions that are in place now be considered for repeal for this area. Chief Finlon
stated the restrictions in place now indicate “No Parking on South Side of Sunset
Between the Hours of 8:00am and 3:00pm When School is in Session.” Chief Finlon
suggested parking restrictions on the north side of Sunset because the fire hydrants are
on that side of Sunset. Chief Finlon suggested imposing the same parking restrictions
on Second Street and that is to restrict parking on the east side of Second Street where
the fire hydrants are and allow parking on the street side that is adjacent to the Oak
Knoll Apartment complex. Chief Finlon stated on the Second Street side parking would
be restricted in front of their residences, however, on Sunset & Sherwood and Pearl &
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Minutes - Village Board Meeting
July 1, 2014
____________________________
Bell there is adjacent roadway on those sides of their residences because these are
corner lots.
Chief Finlon stated there should be outreach to the residents to get their feedback on the
proposed parking restrictions imposed.
Administrator Clark stated he will have a neighborhood meeting to discuss parking
issues with residents in the area of Oak Knoll in late July or early August.
Trustee Lukasik stated she has noticed cars with parking permits for Oak Knoll parked
on the street. Chief Finlon stated he cannot enforce this because residents are allowed to
park on the street. Chief Finlon further stated residents may prefer to park closer to
their apartments for convenience.
Trustee Bragg asked Director Stilling how many parking spaces are available per unit
not including the garage. Director Stilling stated he thought two parking spaces per unit
but will get an accurate number prior to the neighborhood meeting.
Trustee Dudek stated he sees both a safety issue and an overflow issue with parking and
feels they have to be separate. Trustee Lukasik agreed. Staff will host the resident
meeting and revisit this issue with the Village Board in August.
2. Strategic Plan – Administrator Clark asked if the Village Board was still in favor of
developing a strategic plan. The Village Board Members agreed to proceed with this
process.
Administrator Clark stated the budget included project funding for webstreaming of
Board Meetings on the Village’s website. Administrator Clark stated the Village
required a proposal from ClientFirst to develop a Request for Information.
Administrator Clark asked the Village Board if they were interested in proceeding with
the project.
Trustee Chapman suggested giving the residents a free sample of the webstreaming of
meetings before more money is spent on the process.
Mayor Kownick stated this was discussed at the budget workshop and stated his
support of this technology. Trustee Kaplan concurred.
Trustee Chapman asked if Board Members will have the capability of attending Board
meetings via internet if they cannot attend in person. Administrator Clark stated that
this is not presently allowed.
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July 1, 2014
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XI.
Department Head Reports
Police – Chief Finlon
• Chief Finlon gave a brief overview of his monthly report.
• Citizen Police Academy process has begun for fall 2014 class.
• National Night Out will be August 5, 2014 in downtown Cary.
• The deadline was met to get the new Patrol Officer into the Police Academy for
training.
• The Police Department will be working with the Fire Department, Cary Park
District and Public Works for the upcoming Summer Celebration on July 3, 2014.
XII.
Future Agenda Items and Discussion by Village Board
Mayor Kownick asked if, besides the Pedcor matter, there are any future agenda items the
Board would like to discuss. Village Clerk Bragg asked why the Village has not had a
Fourth of July Parade. Mayor Kownick stated that no organization or service group has
asked for this type of event to be held.
Administrator Clark stated he would be seeking correspondence from the Village Attorney
regarding the next steps for the Pedcor project discussion.
Trustee Kaplan recused himself from the Village Board meeting due to a discussion
regarding Pedcor.
Administrator Clark stated the July 15, 2014, Village Board meeting may have to take
place elsewhere due to a potential large audience.
Mr. Eddie Garcia, 13 Wagner, addressed the Village Board regarding deadlines Pedcor has
to meet to continue the process.
Mr. Michael Dorien, 7102 Mallard Way, addressed the Village Board regarding
communicating any and all information to the community as it relates to the Pedcor project.
XIII.
Executive Session:
Executive Session Meeting Minutes
Land Acquisition
Setting Sale Price of Village Property
Mayor Kownick stated there would not be Executive Session.
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July 1, 2014
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XIV.
Adjourn
Motion: Trustee Bragg moved, seconded by Trustee Chapman to adjourn.
Ayes: All ayes by voice vote
Nays: None
Motion Carried.
The meeting adjourned at 11:18 p.m.
Respectfully Submitted,
Julie Novak, Deputy Village Clerk
Nancy Bragg, Village Clerk
July 15, 2014
Village Board Meeting
Agenda Item:
Retirement Recognition – Patrol Officer Tim Sanford
Report From:
Chief Finlon
Introduction
Mayor Kownick will recognize Patrol Officer Tim Sanford on his retirement.
Cary Police Department
Patrick M. Finlon, Chief of Police
To:
From:
Subject:
Date:
Christopher Clark, Village Administrator
Patrick M. Finlon, Chief of Police
Overview of Officer Tim Sanford’s Career
July 9, 2014
Officer Timothy S. Sanford was born in Fort Wayne, Indiana. He was a resident of McHenry, Illinois at
the time of his appointment as a probationary police officer with the Village of Cary on April 16, 1991.
He attended Western Illinois University where he completed a Bachelor of Science degree. He served an
internship with the United States Marshal’s Office prior to his appointment.
In 1995, Officer Sanford was one of many Department personnel that were recognized for their efforts in
assisting with the School Bus versus Train Accident that occurred in Fox River Grove and the impact it
had on the Cary-Grove High School. Officer Sanford was assigned to the North Central Narcotics Task
Force in 1996 and 1997. In 2011, he was recognized by the Illinois Department of Transportation for this
traffic law enforcement initiative. Officer Sanford has been very active in representing the Department
with various organizations by providing escorts while riding the Department motorcycle. He also
received numerous letters of recognition and commendation.
Officer Sanford attended the Illinois State Police Training Academy for Basic Law Enforcement training.
During his career he has been assigned to attend the following specialized training; Breath Alcohol
Testing, Standardized Field Sobriety Testing, Crisis Negotiations, Evidence Technician, Field Training
Officer, Street Gang Identification, Criminal Investigations, Youth Officer Training, First Line
Supervisory Skills, and Motor Officer In-Service Training.
Officer Sanford is married and has two children.
654 Village Hall Drive, Cary, Illinois 60013
Ph: 847-639-2341 Fax: 847-639-2735
July 15, 2014
Village Board Meeting
Agenda Item:
Employee Recognition – Sergeant Chris Winkelmann
Report From:
Chief Finlon
Introduction
Mayor Kownick will recognize Sergeant Chris Winkelmann on his recent promotion.
Cary Police Department
Patrick M. Finlon, Chief of Police
To:
From:
Subject:
Date:
Christopher Clark, Village Administrator
Patrick M. Finlon, Chief of Police
Sergeant Christopher Winkelmann – Promotion Information
July 9, 2014
Sergeant Christopher Winkelmann was appointed as a probationary police officer for the Village of Cary
on April 2, 2003. He attended the Illinois State Police Training Academy for Basic Law Enforcement
Training. Prior to his appointment as a Cary Police Officer, Sergeant Winkelmann attended Valparaiso
University and received a Bachelor of Arts degree with majors in Sociology and Criminal Justice.
Sergeant Winkelmann has been active in the investigation of serious traffic crashes for the Department.
He recently performed admirably in the coordination of the Field Training Program for the most recently
hired Department personnel.
Sergeant Winkelmann has attended the following training while employed with the Cary Police
Department; Traffic Crash Investigation (Accident Investigation I and II, Vehicle Dynamics, Traffic
Accident Reconstruction I and II), Truck Weight Enforcement, Evidence Technician, Breath Alcohol
Operator, Field Training Officer, Supervising Field Training Officer Programs, Juvenile Specialist, and
Supervision of Police Personnel.
Sergeant Winkelmann has received numerous letters of commendation and recognition, including his
assistance in the investigation of an Arson that occurred at the Cary-Grove High School.
Sergeant Winkelmann is married and has two children.
654 Village Hall Drive, Cary, Illinois 60013
Ph: 847-639-2341 Fax: 847-639-2735
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval Consent Agenda
Report From:
Village Administrator
Motion:
I will entertain a motion to approve the Consent Agenda items #1 - #3.
Introduction
The following items are on the Consent Agenda:
1. Consider for Approval the Warrant Dated 07/15/2014
2. Consider for Approval the July 1, 2014 Committee of the Whole Meeting Minutes
3. Consider for Approval (Resolution #R14-07-04) Mobile Device Policy
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval the Warrant Dated 07/15/2014
Type:
Payment
Report From:
Finance
Motion:
I will entertain a motion to approve the Warrant dated 07/15/2014.
Introduction
The Finance Department has prepared the Warrant to be considered for the Village Board approval on
07/15/2014.
Please contact Finance Manager Ventrella for further information prior to the Village Board meeting.
Exhibit
• Warrant Dated 07/15/2014
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval the July 1, 2014 Committee of the Whole Meeting Minutes
Report From:
Village Administrator
Motion:
I will entertain a motion to approve minutes of the July 1, 2014 Committee of the Whole
Meeting.
Exhibit
• Draft July 1, 2014 Committee of the Whole Meeting Minutes
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
Minutes
Committee of the Whole
Tuesday, July 1, 2014
6:00 p.m.
@
Cary Village Hall
655 Village Hall Drive
Cary, IL 60013
I.
Call to Order
This meeting was called to order at 6:00 p.m by Mayor Kownick.
II.
Roll Call
Present: Trustees Bragg, Chapman, Dudek, Kaplan and Lukasik
Absent: Trustee Kraus
Others present included Village Clerk Bragg, Village Administrator Clark, Finance Manager
Ventrella, Assistant Village Administrator Rife, and Director of Community Development
Stilling, Assistant Public Works Director Walsh, Deputy Chief Roth and members of the
audience per the sign-in sheet.
III.
Pledge Of Allegiance
Mayor Kownick led in the recitation of the Pledge of Allegiance.
IV.
Public Comments
None.
V.
Consideration of the June 17, 2014 Committee of the Whole Meeting Minutes
Mayor Kownick asked if the Committee had any comments or changes to the Minutes.
It was the consensus of the Committee of the Whole to forward on to the Village Board’s
July 1, 2014 meeting under “Consent Agenda” approval of the June 17, 2014 Committee
of the Whole Meeting Minutes.
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VI.
Discussion – Electrical Aggregation
Administrator Clark stated that in 2012 the Village passed a referendum to aggregate
electricity as a cost savings to residents and some small businesses. Administrator Clark
stated the Village went through a bid process and the current contract will expire in
November, 2014. Administrator Clark stated the Village will need to decide whether to rebid
to aggregate electricity purchasing again or return to ComEd for electric service.
Administrator Clark acknowledged the assistance of Cary resident Bob Heldman.
Administrator Clark introduced Mr. Dave Hoover, Northern Illinois Municipal Electric
Collaborative (NIMEC), who is the Village’s consultant.
Mr. Hoover stated municipal aggregation is legislation that was put in place by the State of
Illinois to allow municipalities, counties and townships to negotiate power rates for
participating residents and businesses.
Mr. Hoover stated ComEd continues to do the billing for the residents and ComEd continues
to service the wires should there by any disruption of service.
Mr. Hoover stated the rate the Village received almost two years ago was just under five
cents (5¢) and ComEd’s rates were in the mid-seven cents (7¢) range for electricity supply.
Mr. Hoover estimated the average savings per homeowner for the duration of the program for
two years was $350; savings for the community are expected to be just under $2 million. Mr.
Hoover stated the overall electric supply rates are moving up as the Village heads into
decision making for its next contract.
Mr. Hoover stated there are two main options to consider at the maturity of the Village’s
program: 1) Does the Village want to renew the program; or 2) Does the Village want to not
aggregate and return participants to ComEd service for electricity supply.
Mr. Hoover stated there are two reasons to consider renewing the program, even if NIMEC
can match ComEd’s rate: 1) no one knows what the ComEd rate is because it is set twice a
year and it has a monthly adjustment which causes the rate to change on a monthly basis; and
2) when a resident goes back to ComEd in aggregation or individually, there is a twelvemonth hold on the account. Mr. Hoover further stated after a 60-day window, the resident is
locked in for the duration of the year (10 months) and they are unable to change or move to
any other supplier. Mr. Hoover stated because of this, some communities have chosen to
renew if they can match the ComEd pricing.
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Trustee Chapman asked how many residents have signed up and are participating in the
aggregation program. Mr. Hoover stated when the aggregation program begins, residents are
mailed a letter explaining the terms of the program. Mr. Hoover stated if the residents do not
respond to the letter, the residents are automatically enrolled in the aggregation program. Mr.
Hoover stated this is an “opt out” program. Administrator Clark indicated approximately 200
residents opted out of the aggregation program when the program began in 2012 and many
remained with third party supply agreements that were set for their own property service
alone. Mr. Hoover indicated approximately 80-85% of Cary residents are enrolled.
Trustee Dudek stated he is in favor of continuing the program. Trustee Dudek asked how
pricing is determined. Mr. Hoover stated there are two components that go into community
pricing: 1) the marketplace; and 2) the current natural gas price.
Administrator Clark indicated there were two decisions made at the time bids were received
in the fall of 2012 that impacted pricing: 1) the Village paid slightly more to have 100%
green energy through renewable energy credits; and 2) there was a low bid received by a
company that had less experience in the marketplace, the second lowest bid was accepted.
Administrator Clark stated the bidding process would have to be completed this summer if
the Village were to continue the aggregation program. Administrator Clark further stated the
Green Energy Option is available. Mr. Hoover stated the premium, to be 100% Green, would
be approximately 1/10 of a cent.
Mr. Hoover stated when communities are compared, there is a distinction in the profile of
each community which results in different pricing being received.
Trustee Bragg asked what the cost would be if the Village opted out of continuing the
aggregation program. Mr. Hoover stated there is no cost to the community.
Trustee Kaplan stated there would be a cost involved if the Village had to go to Referendum.
Mr. Hoover clarified by stating that he believes once the Referendum is passed, it remains in
effect. Administrator Clark asked Mr. Hoover to provide further documentation supporting
this.
Trustee Dudek asked when the rates go up, will the Green Energy component stay at the
same ratio. Mr. Hoover stated it should stay the same.
Staff received direction to pursue a bidding process for electricity aggregation.
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VII.
Discussion – Façade Grant for the Proposed New Cary Ale House & Brewing Company
Located at 208 W. Main Street
Director Stilling stated Chris Panagakis and Dustin Davies are potential buyers of the
building and business at 208 W. Main St. Director Stilling stated Mr. Panagakis and Mr.
Davies would like to create a brew pub and restaurant called “Cary Ale House & Brewing
Company.” Director Stilling stated they are looking for a grant from the Village of up to
$10,000 for reimbursement for some of the costs of the exterior work.
Trustee Kaplan recused himself from the conversation due to a conflict of interest.
Mr. Panagakis and Mr. Davies gave an overview of their potential project.
Trustee Bragg asked what craft beer is. Mr. Panagakis stated it is beer brewed in small
batches. Mr. Davies indicated they plan to have a small selection of domestic beer as well.
Trustee Dudek stated his support for the business idea, however, was concerned with the total
amount of work that was being done to the building. Trustee Dudek noted that almost 50% of
the $50,000 improvement projected costs is dedicated to the parking lot and not to the
structure.
Trustee Lukasik stated her support for the project.
Trustee Chapman suggested having the exterior sandblasted. Mr. Panagakis stated they are
considering further cosmetic updates to the exterior.
Trustee Dudek asked what the Village permit fees would be from the project. Director
Stilling estimated $2,000 - $3,000.
Trustee Dudek stated he is supportive of giving the funds to the petitioner but is concerned
about the almost $25,000 parking lot improvement price compared to the amount proposed to
the building.
Trustee Chapman suggested putting a deck in the rear of the property. Trustee Chapman
stated he is supportive of this project.
Mayor Kownick stated his support of this project.
Trustee Kaplan returned to the meeting.
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VIII.
Discussion – Mobile Device Policy and Procedures
Assistant Administrator Rife stated there is a need to advance technology with Department
Management staff. Assistant Administrator Rife stated tablets will be issued to Department
Management staff to improve work efficiency and mobility.
Assistant Administrator Rife stated there will be a user responsibility policy put in place for
tablets and cell phones.
Trustee Kaplan asked if there is a policy in place now. Assistant Administrator Rife said
there is not.
Trustee Dudek asked where the policy came from. Assistant Administrator Rife stated he
consulted with ClientFirst to create the policy. Assistant Administrator Rife also stated the
policy was reviewed by Village Attorney Coppedge.
Trustee Dudek asked if this policy has been tested legally in the event an employee abuses
the policy and what disciplinary action will be taken. Administrator Clark stated it is
important to have this policy in place and he will communicate this policy to all staff.
Trustee Dudek asked how the policy will be updated. Assistant Administrator Rife stated it is
important to have a policy in place and that it will be updated as technology changes.
IX.
Department Updates
Finance – Finance Manager Ventrella
Finance Manager Ventrella stated the Village received a notification letter from the IL Dept.
of Revenue to inform local governments that as a result of a federal class action lawsuit, a
large telecommunications company was ordered to seek refunds from the states on behalf of
customers that were charged telecommunication taxes on transactions that should not have
been taxed.
Finance Manager Ventrella further stated this caused the State of Illinois to refund millions
of dollars of telecom taxes that were collected from customers. Finance Manager stated that
beginning in August the State will be decreasing the Village’s monthly telecom tax
distributions by approximately $6,200 per month for nine months for a total reduction of
approximately $55,800 in revenue.
Finance Manager Ventrella stated staff will continue to monitor these expenses to see what
kind of impact this revenue will have on the corporate budget.
Trustee Lukasik stated this should be communicated through the Cary News Weekly.
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Police – Deputy Chief Roth
Deputy Chief Roth gave an overview of police activity for the month of May 2014.
Development – Director Stilling
Board of Zoning, Planning & Appeals: Director Stilling stated the Text Amendment will be
before the Village Board for consideration on July 15th to allow private and/or public
elementary, middle and high schools to increase their building height above 30 feet and not
to exceed 50 feet for non-occupied space.
Director Stilling stated the shed variance was approved by the Board of Zoning, Planning &
Appeals at 125 Briargate and will be before the Village Board on July 15th.
Comprehensive Plan: Director Stilling stated the Comprehensive Plan is ongoing and there
will be a Steering Committee on July 23rd to review the final draft of the goals and
objectives. Director Stilling stated open houses will be planned for review of draft plan this
fall. Director Stilling the goal is to have the Public Hearing before the Board of Zoning,
Planning & Appeals on October 9th with final consideration going before the Village Board.
Codification: Director Stilling stated the codification project is on schedule with final
ordinance completed in August.
Building Permit Activity: Director Stilling stated building permit activity has been
tremendous, breaking Building Department records with number of permits issued. Director
Stilling gave an overview of the department’s project activity.
Trustee Dudek asked Director Stilling for a report indicating vacant commercial space
available for sale. Director Stilling stated he would create such a report.
Administrator Clark acknowledged the assistance of Dave Walat, John Fitch, Sue Greene and
Julie Novak during a very busy building permit season.
X.
XI.
XII.
Discussion – Sunset Drive and Second Street Parking
Mayor Kownick stated this will be discussed when Chief Finlon returns.
Discussion by the Committee of the Whole and Future Committee Items
None.
Executive Session:
Land Acquisition
Setting Sale Price of Village Property
Mayor Kownick stated there would be no Executive Session.
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July 1, 2014
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XIII.
Adjourn
There being no further items to discuss, a MOTION was made to adjourn the meeting
at 7:14 p.m.
MOTION: Trustee Chapman
SECOND: Trustee Kaplan
The Voice Vote noted all ayes and the motion carried.
Respectfully Submitted,
Julie Novak, Deputy Village Clerk
Nancy Bragg, Village Clerk
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval (Resolution #R14-07-04) a Mobile Device Policy
Type:
Resolution
Report From:
Assistant Administrator Rife
Motion:
I will entertain a motion to approve (Resolution #R14-07-04) a Mobile Device Policy.
Background
The Village is currently in the process of configuring iPads to be issued to Department Management staff. The
iPads are designed to help staff be more mobile, reduce printing costs and allow for ease of information sharing.
As technology continues to evolve, Village staff expects that iPads/tablets may be dispersed to certain field staff
members to allow them to be more mobile and improve work efficiency.
Staff Analysis
With the pending issuance of iPads to Management staff, the Village believes a policy should be in place that
defines the responsibilities for use of a mobile device connected to the Village’s enterprise system. This policy
will cover cell phones, tablets and other mobile devices. Generally the policy covers the user responsibilities
and the data security.
Exhibits
A. Resolution
B. Mobile Device Policy and Procedures
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
Exhibit A
RESOLUTION #R14-07-04
A RESOLUTION TO APPROVE A MOBILE DEVICE POLICY
ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF CARY
THIS DAY OF JULY, 2014
Published in pamphlet form by
authority of the Mayor and
Board of Trustees of the Village
of Cary, McHenry County, Illinois
this day of July, 2014.
RESOLUTION #R14-07-04
A RESOLUTION TO APPROVE A MOBILE DEVICE POLICY
WHEREAS, the Village provides Village staff members with mobile devices to improve
mobility and increase efficiency; and
WHEREAS, the Mobile Device Policy outlines the responsibilities assigned to the
mobile device users; and
WHEREAS, the Mayor and Village Board have determined that the Mobile Device
Policy is in the best interests of the Village; and
NOW, THEREFORE, BE IT RESOLVED that the Village has approved the resolution.
SECTION 1: That the above recitals are incorporated as if fully set forth herein.
SECTION 2: The Mobile Device Policy has been approved.
SECTION 3: If any part or parts of this Resolution shall be held invalid for any reason
such decision shall not affect the validity of the remaining part or parts of this Resolution.
SECTION 4: This Resolution shall be in full force and effect from and after its passage
and approval according to law.
PASSED THIS DAY OF JULY 2014.
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED THIS DAY OF JULY 2014.
MAYOR
ATTEST:
VILLAGE CLERK
Exhibit B
Village of Cary
Mobile Device Policy and Procedures
July 2014
VillageofCary
MobileDevicePolicyandProcedures
Page1
TABLE OF CONTENTS
1. Overview................................................................................................................................ 2 1.1 Purpose of Policy............................................................................................................ 2 1.3 Definitions ....................................................................................................................... 2 Tablet ....................................................................................................................... 2 Mobile Device .......................................................................................................... 2 Mobile Applications.................................................................................................. 2 1.4 Structure of Policy .......................................................................................................... 2 2. User Roles and Responsibilities ................................................................................................ 3 2.1 User Responsibilities ...................................................................................................... 3 2.1 Condition......................................................................................................................... 3 2.2 Loss or Theft ................................................................................................................... 3 2.3 Applications and Downloads .......................................................................................... 3 2.4 Backup and File Sharing or Synchronization ................................................................. 4 2.5 Functionality and Feature Management ......................................................................... 4 2.6 User Safety ..................................................................................................................... 4 2.7 Security and Privacy Obligations for Village Data .......................................................... 4 3. Data and System Security ........................................................................................................ 5 3.1 Data Security ........................................................................................................... 5 3.2 Physical Security ............................................................................................................ 5 VillageofCary
MobileDevicePolicyandProcedures
Page2
1. Overview
1.1 Purpose of Policy
The purpose of this policy is to define accepted practices and responsibilities for use of
mobile devices for which authorization is given to connect to Village of Cary enterprise
systems. This policy defines user eligibility and commitment requirements, provides
guidance for the secure use of mobile devices and provides guidelines for all mobile
devices, including mobile phones, smartphones and tablets. This policy is intended to be
used as a supplement to the Computer Network, Email, Internet and Software Systems
Policy found in the Employee Handbook.
The objective of the Village’s mobile device policy is to establish the required measures
for using mobile devices owned or managed by the Village to do business and to access
enterprise information or IT resources.
Mobile devices are valuable tools used to conduct business. It is the policy of the Village
to protect and maintain user safety, security and privacy, while protecting enterprise
information assets at the same time allowing employees to use these tools. Mobile
devices are not intended for personal use.
1.2 Policy Application
This policy applies to all Village of Cary users that are authorized to connect to the
Village’s IT systems.
1.3 Definitions
Tablet
A tablet is an open-face wireless device with a touchscreen display and without physical
keyboards. The primary use is for the access of media; it also has messaging, scheduling,
email, and Internet capabilities. Media tablets may or may not support an application
store.
Mobile Device
This refers to any mobile phone, smartphone or media tablet.
Mobile Applications
This refers to software designed for any or all the mobile devices defined in this policy.
1.4 Structure of Policy
 Overview
 User Roles and Responsibilities
 Prohibited Use
 Data and System Security
VillageofCary
MobileDevicePolicyandProcedures
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2. User Roles and Responsibilities
2.1 User Responsibilities

Users must ensure that they comply with all sections in this agreement. Users
must agree to take responsibility for the security of their mobile devices and the
information they contain.

Mobile devices are not intended for personal use.

When the mobile phone, laptop or portable computing device is allocated, the
user assumes responsibility for the physical security of the equipment and
information contained within.

If the device is lost/stolen the users must notify the Village Administrator or
designee immediately.

Users consent that if the device is lost/stolen the Village may delete all data
remotely so as to not jeopardize the security of Village information.

Users consent that the any mobile device issued by the Village of Cary will
remain the property of the Village and will be returned to the Village upon
request. If the mobile device is not returned to the Village, the user will be
responsible for the cost of the mobile device at the time of purchase by the
Village.

If access to the internet is required, users are encouraged to utilize wireless
internet when available.
2.1 Condition

Users must take proper care of their mobile device(s).
2.2 Loss or Theft

It is the user's responsibility to take appropriate precautions to prevent damage to
or loss/theft of the device.

If the device is lost, stolen or suspected to be compromised in any way, the user
must notify the Village Administrator or designee immediately. The Village has
the authority to delete all data remotely so as to not jeopardize the security of
Village information.
2.3 Applications and Downloads

Users must take all reasonable steps to protect against the installation of
unlicensed or malicious applications.

All software on the device must either be provided and installed by the Village’s
IT consultant or approved for installation by the Village Administrator or
VillageofCary
MobileDevicePolicyandProcedures
Page4
designee. Unmanaged or unapproved installations can constitute a security risk,
including the intentional or unintentional spreading of software viruses and other
malicious software.

Unless approved for work-related use, Village procurement credit cards shall not
be used for app store purchases nor entered into an app store account.
2.4 Backup and File Sharing or Synchronization

Users are required to use approved software for backing up all devices.

The use of a non-Village authorized cloud-based service, such as Apple iCloud,
is not permitted for backing up or sharing any Village information.
2.5 Functionality and Feature Management

The device operating system shall not be modified, unless required or
recommended by the Village. The use of devices that are jailbroken, "rooted" or
have been subjected to any other method of changing built-in protections is not
permitted and constitutes a breach of this policy.

At the Village’s request, users are responsible for delivering the mobile device to
the Village Administrator/designee if and when the device is selected for a
physical security audit or is needed for legal eDiscovery or Freedom of
Information Act (FOIA) purposes.
2.6 User Safety

Users must comply with the requirements defined in the Village Employee
Handbook when using mobile devices in their vehicles.
2.7 Security and Privacy Obligations for Village Data

Users should recognize that their use of, or access to, data provided by or through
the Village may be monitored by the Village and users shall have no expectation
of privacy. If personal information is stored on a Village device, users should
presume that that information may also be monitored.

It is the Village’s intent to only use mobile device location information in the
event that the mobile device is reported to be lost/stolen.

Users must take appropriate precautions to prevent others from obtaining access
to their mobile devices.
o Users should not share passwords, PINs or other credentials with anyone.
o Users should not share Village-issued mobile devices with anyone.
VillageofCary
MobileDevicePolicyandProcedures
Page5
2.8 Prohibited Uses

Users are strictly prohibited from using the Village of Cary’s information
technology and electronic communications systems to transmit, receive,
download, view or copy any communication that is fraudulent, harassing, racially
offensive, sexually explicit, profane, obscene, intimidating, defamatory, or
otherwise unlawful or inappropriate. Users encountering or receiving this type of
material should immediately report the incident to the Village
Administrator/designee. The Village of Cary recognizes, however, that certain
users may have valid Village business reason to use the Internet to access
otherwise inappropriate materials in the course of performing their duties.
3. Data and System Security
3.1 Data Security
All mobile devices connecting to the Village’s network or accessing Village information
must meet the following security requirements:

All Village mobile devices must be secured with a PIN, password or a patternscreen lock when powering on the device or when left unattended.

All Village mobile devices must be configured to automatically lock after a
period of inactivity.

Device users must comply with Village directives regarding updating or
upgrading system software, and must otherwise act to ensure security and system
functionality.
3.2 Physical Security
Mobile device users must comply with physical security requirements when equipment is
at the user's workstation, when traveling, or when working in the field or at a job site.
Users must take the following preventative measures defined in this policy to protect
Village data and systems:

Mobile devices must not be left in plain view in an unattended vehicle, even for a
short period of time.

Mobile devices must not be left in a vehicle overnight.

A mobile device displaying sensitive information being used in a public place
must be positioned so that the screen cannot be viewed by others.

The device must be physically secured when it is left unattended outside the
immediate work area for any extended period.

In vulnerable situations (e.g., public areas), the mobile device must not be left
unattended under any circumstance.
VillageofCary
MobileDevicePolicyandProcedures
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
Mobile devices should be carried as hand luggage when traveling and never
checked as baggage.

The user may be responsible for the replacement or repair of the Village-owned
mobile device if it is damaged or lost as a result of the users’ negligence or
intentional conduct.
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval (Ordinance #O14-07-02) Granting a Variance to Allow a
Shed to be Setback Three Feet (3’) From the Side Lot Line Instead of the Minimum
Required Eight Feet (8’) for the Property Located at 125 Briargate Road
Type:
Ordinance
Report From:
Community Development
Motion:
I will entertain a motion to approve (Ordinance #O14-07-02) granting a variance to
allow a shed to be setback three feet (3’) from the side lot line instead of the minimum
required eight feet (8’) for the property located at 125 Briargate Road.
Background
The petitioner is requesting a variance to allow a new shed to be setback three feet (3’) from the north side
property line instead of the minimum required eight feet (8’). The proposed shed would be approximately 100
square feet in area.
Staff Analysis
The property is a corner lot and has limited back yard area for accessory structures since the south side setback
from Glen Garry Road is 30 feet and the topography slopes several feet down towards the street. Furthermore,
the rear of the property, which backs up to Briargate School, has another 30 feet of heavily planted landscaping.
The petitioner has stated that due to the existing topography and landscaping they have limited locations for a
shed that will not impede their use of the back yard. During the ZPA meeting, the petitioner did provide a letter
of support (attached as Exhibit C) from the adjacent neighbor to north.
ZPA Recommendation
The Board of Zoning, Planning and Appeals (ZPA) recommended approval by a vote of 5-1 for a variance to
allow a shed to be setback three feet (3’) from the side lot line instead of the minimum required eight feet (8’).
Staff concurs with this recommendation.
Exhibits
A. Ordinance
B. Staff report and attachments from the June 26, 2014 ZPA meeting
C. Letter of support from the neighbor at 115 Briargate Road
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman
Dudek
Kaplan
Kraus
Lukasik
Kownick
Exhibit A
VILLAGE OF CARY
ORDINANCE NO. #O14-07-02
AN ORDINANCE GRANTING A VARIANCE TO ALLOW A SHED TO BE SETBACK
THREE FEET (3’) FROM THE SIDE LOT LINE INSTEAD OF THE MINIMUM REQUIRED
EIGHT FEET (8’) FOR THE PROPERTY LOCATED AT 125 BRIARGATE ROAD
ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF CARY THIS DAY OF JULY, 2014
Published in pamphlet form by
authority of the Mayor and
Board of Trustees of the Village
of Cary, McHenry County, Illinois
this day of July, 2014.
ORDINANCE NO. #O14-07-02
AN ORDINANCE GRANTING A VARIANCE TO ALLOW A SHED TO BE SETBACK
THREE FEET (3’) FROM THE SIDE LOT LINE INSTEAD OF THE MINIMUM REQUIRED
EIGHT FEET (8’) FOR THE PROPERTY LOCATED AT 125 BRIARGATE ROAD
WHEREAS, a petition was filed by Christopher Norman for a variance to allow a shed to
be setback three feet (3’) from the side lot line instead of the minimum required eight feet (8’);
and
WHEREAS, the property which is the subject of the petition is presently zoned R2 under
the Village of Cary Zoning Ordinance; and
WHEREAS, the public hearing on said petition was held on June 26, 2014 before the Board
of Zoning, Planning and Appeals of the Village of Cary in the manner and the form prescribed by
ordinance and Illinois State Statute; and
WHEREAS, the Board of Zoning, Planning and Appeals of the Village of Cary
recommended approval to the Mayor and Village Board of Trustees; and
WHEREAS, the Mayor and Village Board of Trustees have determined that the variance is
in the best interest of the Village of Cary; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Cary as follows:
SECTION 1: That the above recitals are incorporated as if fully set forth herein.
SECTION 2: That the variance to allow a shed to be setback three feet (3’) from the side
lot line instead of the minimum required eight feet (8’) is hereby approved.
SECTION 3: All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 4: If any part or parts of this Ordinance shall be held invalid for any reason
such decision shall not affect the validity of the remaining part or parts of this Ordinance.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage and
approval according to law.
PASSED THIS DAY OF JULY, 2014.
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED THIS DAY OF JULY, 2014.
MAYOR
ATTEST:
VILLAGE CLERK
Exhibit B
Exhibit C
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval (Ordinance #O14-07-03) Amending the Text Provisions of
the Village of Cary Zoning Ordinance to Increase the Maximum Allowable Height
For Elementary Schools, Junior High/Middle Schools and High Schools in the E1,
R1 and R2 Residential Zoning Districts
Type:
Ordinance
Report From:
Community Development
Motion:
I will entertain a motion to approve (Ordinance #O14-07-03) amending the text
provisions of the Village of Cary Zoning Ordinance to increase the maximum
allowable height for elementary schools, junior high/middle schools and high schools
in the E1, R1 and R2 residential zoning districts.
Background
The Village of Cary was recently approached by representatives of Community High School District 155
regarding proposed improvements to the existing Cary-Grove High School Auditorium. Specifically, District 155
plans to demolish the existing auditorium and construct a new auditorium in the same location. The proposed
new auditorium would be approximately 46.5 feet high at its tallest point, exceeding current code by 16.5 feet.
The school has indicated that the increase in height was necessary to allow for better function and to
accommodate a “fly loft” for aerial displays and lift scenery as part of events held at the new facility.
In response to the pending project, Village staff proposes a text amendment to allow all schools the ability to
increase their building height to address future building needs. As a result, the Village of Cary is seeking an
amendment to the Zoning Ordinance to allow elementary schools, junior high/middle schools and high schools
in the E1, R1 and R2 residential zoning districts to increase the maximum building height from 30 feet to 50
feet. The proposed increase above 30 feet would only be applicable for portions of the structure not intended for
occupancy.
Staff Analysis
Attached is a draft Ordinance reflecting the proposed changes. The proposed amendment would be applicable to
ALL public or private elementary, middle and high schools in the E1, R1 and R2 zoning districts. The intent of
the amendment is to allow these schools to have gymnasiums, auditoriums and other facilities associated with
their proposed use to exceed the allowable building height. The proposed amendment only allows the portion of
the structure greater than 30 feet high to be used as building space not intended for occupancy.
To minimize impacts to surrounding properties, staff has proposed that the portion of the structure above 30 feet
in height be set back an additional 2 feet from the required yard setback for every foot above 30 feet. For
reference purposes, the proposed Cary-Grove High School auditorium project would be setback greater than 395
feet from the required front yard setback and over 500 feet from the nearest side yard.
Staff has found that the design of new schools has changed over time and there may be a need to address these
emerging trends in the Cary Zoning Ordinance. For example, a typical new gymnasium may now be as high as
35-40 feet high to accommodate certain activities such as volleyball. Staff feels that the proposed amendments
would give schools the flexibility to address their changing needs in the future. Furthermore, the proposed
changes are consistent with the existing Park/Open Space Zoning District (PO-4) which also allows structures to
be up to 50-feet tall.
ZPA Recommendation
The Board of Zoning, Planning and Appeals (ZPA) unanimously recommended approval of a text amendment
to the Zoning Ordinance to increase the maximum allowable height for elementary schools, junior high/middle
schools and high schools in the E1, R1 and R2 residential zoning districts. Staff concurs with this
recommendation.
Exhibits
A. Ordinance
B. Staff report and attachments from the June 26, 2014 ZPA meeting
Bragg
Motion
Second
Aye
Nay
Chapman
(Village Board Action Taken)
Dudek
Kaplan
Kraus
Lukasik
Kownick
Exhibit A
VILLAGE OF CARY
ORDINANCE NO. #O14-07-03
AN ORDINANCE AMENDING CHAPTER 17.26 (TABLE OF DIMENSIONAL
STANDARDS) OF THE CARY MUNICIPAL CODE ADOPTED BY THE MAYOR AND
BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF JULY, 2014
Published in pamphlet form by
authority of the Mayor and
Board of Trustees of the Village
of Cary, McHenry County, Illinois
this day of July, 2014.
ORDINANCE NO. #O14-07-03
AN ORDINANCE AMENDING CHAPTER 17.26 (TABLE OF DIMENSIONAL
STANDARDS) OF THE CARY MUNICIPAL CODE ADOPTED BY THE MAYOR AND
BOARD OF TRUSTEES OF THE VILLAGE OF CARY THIS DAY OF JULY, 2014
WHEREAS, a petition seeking text amendments was filed by the Village of Cary to amend
Section 17.26 of the Village’s Zoning Ordinance; and
WHEREAS, the public hearing on said petition was held on June 26, 2014 before the Board
of Zoning, Planning and Appeals of the Village of Cary in the manner and the form prescribed by
ordinance and statute; and
WHEREAS, the Board of Zoning, Planning and Appeals of the Village of Cary
recommended approval to the Mayor and Village Board of Trustees; and
WHEREAS, the Mayor and Village Board of Trustees have determined that the text
amendments are in the best interest of the Village of Cary; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Cary as follows:
SECTION 1: That chapter 17.26 (Table of Dimensional Standards) of the Village of Cary
Municipal Code are hereby amended per Exhibit “A”:
SECTION 2: All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of such conflict.
SECTION 3: If any part or parts of this Ordinance shall be held invalid for any reason
such decision shall not affect the validity of the remaining part or parts of this Ordinance.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage and
approval according to law.
PASSED THIS DAY OF JULY, 2014.
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED THIS DAY OF JULY, 2014.
MAYOR
ATTEST:
VILLAGE CLERK
Exhibit B
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval a Video Gaming License for Tracks Bar and Grill located at 108
W. Main Street
Report From:
Community Development
Motion:
I will entertain a motion to approve a Video Gaming License for Tracks Bar and Grill
located at 108 W. Main Street.
Background
On October 29, 2014, the Village Board approved an Ordinance #O13-10-02 (attached) allowing for Video
Gaming at existing establishments that serve liquor for onsite consumption. Under the Video Gaming Act, local
municipalities may license and impose a fee on video gaming terminals; however, non-home rule communities
are limited to $25/year for each machine. The following is a summary of the State’s restrictions relative to video
gaming:
•
•
•
•
•
Gaming machines are allowed in any bar or restaurant possessing a valid liquor license to serve alcohol
for consumption, fraternal organization or veteran’s organization.
Establishments eligible for video gaming cannot be located within 100 feet of a school or place of
worship and cannot be located within 1,000 feet of a horse racing track.
No more than 5 video gaming machines are allowed per authorized establishment.
Gaming terminals must be located in an area restricted to persons 21+ and in direct view of an employee
of the establishment.
Hours of operation must coincide with the hours of operation for consumption of alcoholic beverages at
the establishment.
Prior to an establishment operating video gaming in Cary, the establishment must submit an application to the
Village Board for their approval of the license. The Village’s role in the application process is to make sure all
the State requirements have been met and that the establishment has received both their gaming and terminal
operating licenses.
Tracks Bar and Grill Application
Staff has recently received a completed application from Tracks Bar and Grill requesting a video gaming license
from the Village of Cary. They have entered into an agreement with Awesome Hand Gaming as their terminal
operator. Tracks is proposing the maximum five (5) terminals to be located in the front of their business.
Because there are existing windows along the front, the gaming terminals are partially visible from the exterior.
According to Village Code, gaming terminals are to have restricted visibility from the exterior. As part of the
issuance of the permit, staff suggests that the Tracks provide a dark tint on the windows or blinds to restrict
July 15, 2014
Village Board Meeting
outside visibility of the machines. Staff has discussed this item with the business owner and they have agreed to
comply.
Staff has confirmed that the establishment has been approved by the State of Illinois to operate video gaming
and a copy of the Terminal Operator Agreement and their State licenses are attached. Staff finds that all the
required information has been satisfactorily provided.
Exhibits
A. Ordinance #O13-10-02
B. Village of Cary Video Gaming Application
C. Terminal Operator Agreement with Awesome Hand Gaming
D. Terminal Operator License from the State of Illinois
E. Gaming Establishment License from the State of Illinois
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
Exhibit A
Exhibit B
Exhibit C
July 15, 2014
Village Board Meeting
Agenda Item:
Consider Rescinding Ordinance No. O14-06-01, Adopted on June 17, 2014, Granting a
Comprehensive Plan Amendment, Map Amendment, Conditional Use, Variations &
Final Plat of Subdivision for the Property Located at 225 N First Street, Cary, Illinois
Report From:
Community Development
Motion:
I will entertain a motion to rescind Ordinance No. O14-06-01, adopted on June 17, 2014,
granting a Comprehensive Plan Amendment, Map Amendment, Conditional Use,
Variations & Final Plat of Subdivision for the property located at 225 N First Street, Cary,
Illinois.
Background
On June 17, 2014, the Village Board voted 4-2 to approve Ordinance O14-06-01 granting a Comprehensive
Plan Amendment, Map Amendment, Conditional Use, Variations & Final Plat of Subdivision for a 60-unit
apartment project located at 225 N First Street, Cary, Illinois.
At the July 1, 2014 Village Board meeting, the Village Board received public comment regarding the proposed
Pedcor project. Following the discussion, a motion to rescind Ordinance O14-06-01 has been placed onto the
July 15, 2014 Village Board Agenda for consideration by the Village Board.
Exhibits
A. Ordinance O14-06-01
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
Exhibit A
July 15, 2014
Village Board Meeting
Agenda Item:
Consider for Approval (Ordinance #O14-07-04) the Northern Illinois Police Alarm
System (NIPAS) Agreement
Type:
Ordinance
Report From:
Chief Finlon
Motion:
I will entertain a motion to approve (Ordinance #O14-07-04) approving the Northern
Illinois Police Alarm System (NIPAS) Agreement.
Introduction
The Northern Illinois Police Alarm System (NIPAS) was created through an intergovernmental agreement to
create a mutual aid system prior to the creation of ILEAS. NIPAS has three basic components; a mutual aid car
plan, a Mobile Field Force, and an Emergency Services Team. The Cary Police Department will participate in
the mutual aid car plan and Emergency Services Team.
Staff Analysis
This agreement will enhance the Police Department’s capabilities to respond to emergencies. It will also
provide an opportunity for a selected Department member to participate in the Emergency Services Team and
obtain enhanced technical training.
Legal Analysis
This agreement is authorized in accordance with the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1
et. seq.)
Financial Impact
Total Cost This Fiscal Year: $3,800
Budgeted Amount:
$3,800
Budget Line Item:
10-14-4-0400
Action Requested
Enact an ordinance to execute the agreement between the Village of Cary and the Northern Illinois Police
Alarm System.
Exhibits
A. Ordinance
B. NIPAS Agreement
Bragg
Motion
Second
Aye
Nay
(Village Board Action Taken)
Chapman Dudek Kaplan Kraus
Lukasik
Kownick
Exhibit A
VILLAGE OF CARY
ORDINANCE NO. #O14-07-04
AN ORDINANCE APPROVING THE NORTHERN ILLINOIS POLICE ALARM SYSTEM
(NIPAS) AGREEMENT
ADOPTED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF CARY THIS DAY OF JULY, 2014
Published in pamphlet form by
authority of the Mayor and
Board of Trustees of the Village
of Cary, McHenry County, Illinois
this day of July, 2014.
ORDINANCE NO. #O14-07-04
AN ORDINANCE APPROVING THE NORTHERN ILLINOIS POLICE ALARM SYSTEM
(NIPAS) AGREEMENT
WHEREAS, the parties to the Northern Illinois Police Alarm System Agreement (the
“Agreement”) attached hereto as Exhibit 2 and made a part hereof are public bodies as that term is
defined in the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.); and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and 5 ILCS 220/1
et. seq. authorize units of government to contract or otherwise associate among themselves to obtain
or chare services, to exercise, combine or transfer any power or function, in any manner not
prohibited by law; and
WHEREAS, the Mayor and Board of Trustees believe and hereby declare that it is in the
best interests of the Village and its residents to approve said Agreement in order to permit its Police
Department and the departments of participating municipalities to more fully safeguard the lives,
persons, and property of all citizens; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Cary as follows:
SECTION 1: That the above recitals are incorporated as if fully set forth herein.
SECTION 2: The Agreement attached hereto as Exhibit 2 shall be and is herby approved,
and Mayor and Village Clerk shall be and are hereby authorized and directed to execute and attest
said agreement in substantially the form attached hereto.
SECTION 3: This ordinance shall be in full force and effect from and after its passage and
approval in the manner provided by law.
PASSED THIS DAY OF JULY, 2014.
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED THIS DAY OF JULY, 2014.
MAYOR
ATTEST:
VILLAGE CLERK
Exhibit B

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