VILLAGE OF LINCOLNWOOD PRESIDENT AND BOARD OF …...village of lincolnwood president and board of...

VILLAGE OF LINCOLNWOODPRESIDENT AND BOARD OF TRUSTEES

COMMITTEE OF THE WHOLE MEETINGVILLAGE HALL COUNCIL CHAMBERS

6:00 PM, FEBRUARY 18, 2020

AGENDAI. Call to OrderII. Roll CallIII. Approval of Minutes

1. Minutes of the Committee of the Whole Meeting of December 17, 2019IV. Regular Business

1. Discussion Regarding Protocols and Procedures for Meetings of the Board of Trustees (6:00 6:30 P.M.)

2. Policy Discussion Regarding Election Signs and Social Media Communications (6:307:00 P.M.)3. Discussion Regarding Referral of Electronic Message Center Sign Permissibility in the P Zoning

District (7:007:15 P.M.)4. Discussion Regarding Smart Grid Initiatives, Eco Conservation and Renewable Energy with

Metropolitan Water Reclamation District (7:157:30 P.M.)V. Public CommentVI. Closed Session

1. Closed Session is Requested to Discuss Employment MattersVII. Adjournment

DATE POSTED: February 12, 2020

Please note the start times for discussion topics are estimates and may be adjusted during the meeting as determined by the Village Board

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VILLAGE OF LINCOLNWOOD

PRESIDENT AND BOARD OF TRUSTEES COMMITTEE OF THE WHOLE MEETING

VILLAGE HALL COUNCIL CHAMBERS DECEMBER 17, 2019

Draft

Call to Order Committee of the Whole meeting of the Lincolnwood Board of Trustees was called to order at 6:02 P.M., Tuesday, December 17, 2019, in the Council Chambers of the Municipal Complex, 6900 North Lincoln Avenue, Village of Lincolnwood, County of Cook and State of Illinois. On roll call by Village Clerk Beryl Herman the following were: PRESENT: President Bass, Trustees Nickell, Halevi, Patel, Sargon, Klatzco ABSENT: Trustee Cope A quorum was present. Also present: Anne Marie Gaura, Village Manager; Chuck Meyer, Assistant Village Manager; Heather McFarland, Assistant to the Village Manager; Jon Bogue, Management Analyst;. Approval of Minutes The minutes of December 3, 2019 Committee of the Whole meeting were presented for approval. Trustee Sargon moved to approve the minutes of December 3, 2019, seconded by Trustee Halevi. The motion passed by Voice Vote Regular Business 1. Water System Infrastructure and Operations Report

This item was presented by Andrew Letson, Public Works Director, using PowerPoint. Mr. Letson stated that in June a loss of water pressure led to a precautionary boil order. Since October Baxter and Woodman has been working with Staff to evaluate. Veronica Hall and Michael Gryn of Baxter Woodman presented the Power Point. The Power Point has been attached to these minutes. At the conclusion of the presentation, President Bass thanked the presenters and opened up the conversation to the Village Board for further discussion. Trustee Nickell stated her concerns regarding the financial implications of the infrastructure items being presented to the Village Board. Mr. Letson clarified that these items have been part of the budget process and are being incorporated into the existing capital improvement plan for the water system.

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Trustee Nickel questioned when the last assessment was done. Mr. Letson replied that it was 15 years ago. Trustee Nickell questioned what would be the appropriate length of time between assessments, Mr. Letson stated 5 years. Trustee Patel stated that the Village’s financial policies give guidance to the Village Board to expend funds when there is an excess fund balance. It was stated that since the Village is currently in excess of the current fund balance limit of 35% the Village can expend funds for capital projects as directed by the Village Board, he stated that raising taxes is not viable. Ms. Gaura spoke to the funding source for these initiatives. Ms. Gaura stated that as an enterprise fund these expenditures are funded by the fees collected through user as a self-sustaining fund. The multi-year plan will be reviewed in the near future. Trustee Nickell asked if we wait until the relay fails. Mr. Letson responded. Trustee Sargon was in favor of replacing the pump relay as soon as possible as its failure was the cause of the initial trouble at the pump station and that the rest of the items presented should be priced out and ranked from highest to lowest priority and reviewed at the CIP for final action. It was the consensus of the Village Board to proceed with incorporating these items in the capital improvement plan with appropriate assessments being conducted in five years. It was also requested that a breakdown of the fees that will be used to pay for these capital improvements. 2. Discussion Regarding Community-Wide Residential Fence Code Compliance Survey This item was presented by Doug Hammel, Development Manager, using PowerPoint. The PowerPoint is attached to these Minutes. At the conclusion of the presentation staff requested direction from the Village in determining how enforcement should occur for the fence code. The question presented to the Village Board was: Should the fence regulations be enforced as they are currently written?

o “Yes” means that full enforcement of all violations subject to the current regulations with no further action required from the Village Board.

o “No” means that the item would be referred with the Plan Commission for a Public Hearing with the guidance provided by staff and input from the Village Board to further deliberate on this issue.

Discussion on this topic ensued and it was the direction of the Village Board that staff should focus on non-permitted and permitted fences to ensure compliance with the current regulations of the Village Code. It was noted by the Village Board that special fences that are allowed on a corner lot that are in need of configuration should be reviewed further. It was the direction of the Village Board that an inventory of the existing fences in the community should the need arise in the future to address concerns with the Village Code. Public Forum None

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Adjournment At 7: 30 P.M. President Bass requested a motion to adjourn Committee of the Whole and move to the Village Board meeting. A motion was made by Trustee Sargon moved to adjourn. The motion was seconded by Trustee Nickell. The motion passed by Voice Vote. Respectfully Submitted, Beryl Herman Village Clerk

Welcome to the Committee of the Whole Meeting

Agendas are available in the back of the room. If you would like to speak to any item on this evening’s

agenda or make a general comment, please fill out a speaker request form located in the back of the room

and deliver it to the Village Clerk to the right of the dais.

Village Board meetings are broadcast live online at lincolnwood.tv, Comcast Channel 6, RCN Channel 49,

and U-Verse Channel 99. Archived videos are available online at lincolnwood.tv.

Committee of the Whole

Water System Infrastructure and Operations Report

Committee of the WholeDecember 17, 2019

Village of LincolnwoodAssessment of the Village’s Pump House Infrastructure and Operations

December 17, 2019

TitlePurpose of the Assessment

• Evaluate system operations and conduct a visual assessment.

• Identify potential deficiencies and propose plans to address them.

• Systems reviewed:– Pumps, chlorination, reservoirs, standpipe, electrical systems, PLC/SCADA, valving, and emergency connections

TitleEvaluation Rubric

5 New condition. No problems.

4Good condition. Generally well maintained. Few or no major problems expected in next 10 years. Condition better than its age.

3Average/Fair Condition. Component is operational. Condition consistent with its age. Normal maintenance and repairs expected in next 10 years.

2Poor Condition. Component may be operational, but condition is worse than its age would indicate. Significant Maintenance and repair expected in the next 5 to 10 years.

1 Bad/Failing Condition. Needs immediate replacement. Failure may be imminent in < 5 years.

TitleExisting Water System – Normal Operations

Master Meter at Devon & Crawford

City of Chicago

Ground Storage Reservoir

Crawford Pump Station

Distribution System

Standpipe

TitleCrawford Pump Station

TitleCrawford PS – Existing Electrical System Overview

TitleCrawford PS – Electrical System Assessment

Incoming Power – Good Condition

Non‐Automatic Transfer Switch – Fair Condition

Motor Control Center – Fair Condition

Power Distribution – Fair Condition

Potential Deficiencies:

1. Portable generator requires manual intervention.

TitleCrawford PS – Electrical System Improvements

A permanent standby generator would improve the resiliency of the system.

– The existing portable generator can’t be converted.

– New Diesel Standby Generator: $140,000

– New Natural Gas Generator: $237,000

An Automatic Transfer Switch (ATS) would be required to maximize the benefit of a standby generator.

– New 800A ATS: $11,000

TitleCrawford PS – Proposed Electrical System Overview

TitleCrawford PS – Electrical System Improvements

Existing Pumps 1, 2, and 5 have old motor starters, which may be prone to failure.

– VFD or Soft Starter Drive Replacement within the next 1‐5 years.

Motor Size VFD Cost Soft Start Cost

30hp $13,000 $10,000

60hp $22,000 $13,000

125hp $26,000 $17,000

TitleCrawford PS – Control System Assessment

Pump Restart Time Delay Relay – Failing Condition

Instrumentation (Flow Meter) – Fair Condition

Instrumentation (General) – New Condition

Automation Hardware– Poor Condition

Automation Software – Fair Condition

Remote Access Devices – Fair Condition

Alarming – Good Condition

Network/Communications – Good Condition

TitleCrawford PS – Control System Assessment


1. Pump Restart Time Delay Relay.

2. Flow meter uses an older technology which is prone to debris or drift.

3. Automation Hardware is nearing end of useful life and will fall out of support.

4. Automation Software will soon fall out of support.

5. Limited remote access to SCADA.

TitleCrawford PS – Control System Improvements

Individual time delay relays installed with each pump motor maintains functionality.

– 5 Individual Pump Time Delay Relays: $8,000

Replace the existing propeller flow meter with a mag meter.

– New Magnetic Flow Meter: $13,000


Upgrade the Hardware to newer, supported models.

– Automation Hardware Upgrades: $27,000

Upgrade the Software and Server Operating System.

– Automation Software and Server Upgrades: $13,000

Secure Remote Access Devices to SCADA.

– Remote Access Device Setup: $5,000


Upgrade Alarm Dialer to Win911.

– Win911 Alarm Installation: $7,000

Upgrade to PoE Ethernet switches.

– Powered Ethernet Switches: $3,000

TitleCrawford PS – Mechanical System Assessment

Intake Facilities – (Soon to be) New Condition

Booster Pumps (1‐5) – Good to Fair Condition

Valving – Fair Condition

Chlorinators – Good Condition

TitleCrawford PS – Mechanical System Assessment


1. Pump 1 is the only pump with an above ground motor.

TitleStandpipe Pump Station

TitleStandpipe PS – Existing Electrical System Overview

TitleStandpipe PS – Electrical System Assessment

Incoming Power – Good Condition

Automatic Transfer Switch – New Condition

Power Distribution – New Condition

TitleStandpipe PS – Electrical System Assessment


1. A failure at the MTS would prevent any backup power to the Standpipe.

TitleStandpipe PS – Proposed Electrical System Overview

Proposed Electrical Reconfiguration: $33,000

TitleStandpipe PS – Control System Assessment

Instrumentation (General) – Good Condition

Automation Hardware – Poor Condition

Network/Communications – Good Condition


1. Automation Hardware is nearing end of useful life and will fall out of support.

TitleStandpipe PS – Control System Improvements

Upgrade the PLCs to newer, supported models.

– Automation Hardware Upgrades: $17,000

Upgrade to PoE Ethernet switches.

– Powered Ethernet Switches: $3,000

TitleStandpipe PS – Mechanical System Assessment

Standpipe Pump – Fair Condition

Valving – Fair Condition

TitleSummary of Improvements – Crawford Pump Station


Next 1‐2 years:

Improvement Option 1 Option 2

5 Pump Time Delay Relays $8,000 $8,000

Automation Hardware Upgrades

$27,000 $27,000

Automation Software Upgrades

$13,000 $13,000

Install Permanent Generator

$140,000 (Diesel) $237,000 (Nat. Gas)

Install new ATS $11,000 $11,000

Total: $199,000 $296,000


Next 3‐5 years:

Improvement Option 1 Option 2

Install a New 30hp Motor Starter

$13,000 (VFD) $10,000 (Soft Start)


$22,000 (VFD) $13,000 (Soft Start)


$26,000 (VFD) $17,000 (Soft Start)

New Magnetic Flow Meter $13,000 $13,000

Remote Access Device Setup

$5,000 $5,000

Win911 Alarm Installation $7,000 $7,000

Powered Ethernet Switches

$3,000 $3,000

Total: $89,000 $68,000

TitleSummary of Improvements – Standpipe Pump Station

TitleSummary of Improvements – Standpipe Pump Station

Next 1‐2 years:

Next 3‐5 years:

5+ years:

Improvement Option 1

Automation Hardware Upgrades

$17,000

Total: $17,000


Powered Ethernet Switches $3,000

Total: $3,000


Reconfigure Electrical System $33,000

Total: $33,000

TitleAWIA 2018 OVERVIEW

TitleUtilities Must Assess

Risk and Resilience of the water system to…1. Malevolent Acts and Natural

Hazards2. Resilience of pipes, source water,

treatment, storage, electronic, computer and automated systems

3. Monitoring Practices4. Financial Infrastructure5. Use, Storage, and Handling of

chemicals6. Operation and Maintenance7. Capital and Operational Needs

TitleImportant Deadlines

Water System Population Served

Assessment Due

≥ 100,000 people March 31, 2020

50,000 to 99,999 people

December 31, 2020

3,301 to 49,999 people

June 30, 2021

Questions & Answers

Committee of the WholeDecember 17, 2019

Discussion Regarding Community – Wide Residential

Fence Code Compliance Survey

Background In early 2019, staff initiated a community-wide

survey to assess compliance with fence regulations

“Windshield survey” of residential fences visible from the public street

Follow-up in-office research regarding permitting and date of installation

Coordination with GIS Consortium to map results

Current Fence Regulations Permitted materialsWood

Trex

Color-coated chain link

Wrought iron (or decorative aluminum)

PVC with min. thickness of .12 inches

Sight triangles must be preserved at streets and alleys

Fencing prohibited in front yards

Current Fence Regulations Permitted wood fence types

“Open”• At least 50% open

area on the elevation

“Semi-Private”• At least 33% open area

on the elevation, or shadowbox specifically permitted

“Solid”• No open area required

Current Fence Regulations Permitted types and locations

1. Front Yard• No fences permitted

2. Interior Side Yard• “Open” wood fences up to 4’ tall• Chain link fences up to 4’ tall• Wrought iron fences up to 6’ tall• Fences must be setback from front

façade at least 3’

3. Rear Yard• “Semi-private” wood fences up to

6’ tall• Chain link fences up to 4’ tall• Wrought iron fences up to 6’ tall

4. Corner Side Yard• “Semi-private” wood fences up to

4’ tall• Cannot extend toward street

passed building facade

1 1

2 2 2

3 34

Current Fence Regulations Permitted types and locations

1 1

4

2 2 2

3 3

Exceptions when abutting: A lot in a B zoning district,

or in R zoning district used for non-residential use 6’ tall “solid” fence

permitted

A lot in an industrial district 7’ tall “solid” fence

permitted

West side of the Valley Line Trail ROW 8’ tall “solid” fence

permitted

Survey Results 109 properties (2.1%) were found to have

fences that do not comply with current regulations 75 properties with side yard fences that are not at

least 50% open

32 properties with side yard fences in violation of both permitted height and percent openness

Two properties in violation of corner side yard permitted height and percent openness

25 were installed under a Fence Permit, but final inspections never occurred

Survey Results

Policy Discussion Should the fence regulations be enforced as

they are currently written? Enforcing the current regulations would imply they

align with the Village’s intent

Not enforcing the current regulations would suggest that they may require amending

Enforcing Current RegulationsTwo primary options for enforcement of current regulations:

1. Full enforcement of all know violations 25 properties with Fence Permits will be contacted

for final inspections

Staff will research remaining properties to determine applicability of regulations based on the determinable time of fence installation

Any violations determined to be subject to current regulations will be forced to come into compliance

Enforcing Current RegulationsTwo primary options for enforcement of current regulations:

2. Forgive existing violations through a “snapshot in time” OrdinanceOrdinance would establish a “snapshot in time”

Pre-existing fences would be deemed legal non-conforming (if replaced, new fences would have to comply with regulations)

Any new fences in the future would have to comply with regulations

Should 25 violations installed under a Fence Permit be granted the same forgiveness?

Amending Fence RegulationsPotential amendments to current regulations:

1. Permit fences in the interior side yard to be “semi-private” rather than “open” Nominal aesthetic

impact

Would eliminate 75 of the 109 violations

1 1

4

2 2 2

3 3


2. Permit fences in the interior side yard to be 6’ tall rather than 4’ tallMore visible impact

from the street


1 1

4

2 2 2

3 3


3. Permit fences in the corner side yard to be 6’ tall rather than 4’ tallWould be consistent

with rear yard

Would have some aesthetic impacts


1 1

4

2 2 2

3 3

Requested ActionShould the fence regulations be enforced as they are currently

written?

Yes

Full enforcement of all violations

subject to current

regulations

“Snapshot in time” Ordinance

No action from the Board required

Direct the Village Attorney

to draft an Ordinance with the input of staff

No

Provide guidance regarding potential

amendments proposed by staff

Refer the matter to the Plan Commission for a

Public Hearing

MEMORANDUM TO: President Bass and Members of the Village Board FROM: Anne Marie Gaura, Village Manager DATE: February 12, 2020 SUBJECT: February 18, 2020 Committee of the Whole Meeting As a reminder, the Committee of the Whole (COTW) meeting is scheduled for 6:00 P.M. on Tuesday evening. The Employee Recognition Dinner will be available in the Small Room in the Community Center starting at 5:15 P.M. Please find below a summary of the items for discussion:

1. Discussion Regarding Protocol and Procedures for Meetings of the Board of Trustees (6:00-6:30 P.M.)

The Village Board is governed by the State of Illinois Open Meetings Act (OMA) regarding the provision of public meetings. The Village Board has adopted via Resolution and Ordinance protocols and procedures for how meetings are to be conducted. Attached is a memo from the Assistant Village Manager reviewing the Protocols and Procedures for the Board of Trustees.

2. Police Discussion Regarding Election Signs and Social Media Communications (6:30-7:00 P.M.)

Staff relies on policy direction from the Village Board, with advisory support from other Boards and Commissions, so that staff can focus time and energy on implementation of those policies and enforcement of the Village Code. Attached is a memo from the Village Manager seeking direction for staff on two matters related to municipal elections; 1) the enforcement of regulations related to election signs, and 2) the use of images of Village staff in social media and other communications.

3. Discussion Regarding Referral of Electronic Message Center Sign Permissibility in the P Zoning District (7:00-7:15 P.M.)

In 2018, Village staff presented the Village Board with a series of proposed Sign Code amendments for consideration, in order to reduce unnecessary restriction and provide more business-friendly regulations regarding Electronic Message Center (EMC) signs. Attached is a memo from the Community Development Director outlining past discussion on EMC signs and what was approved. Staff is currently seeking a referral to the Plan Commission to possibly amend the Zoning Code to permit EMC Signage as a Special Use in the P Zoning District.

4. Discussion Regarding Smart Grid Initiatives, Eco Conservation and Renewable Energy with Metropolitan Water Reclamation District (7:15-7:30 P.M.)

The Village President has asked that time be set aside during this time to discuss Smart Grid Initiatives, Eco Conservation and Renewable Energy with information from the Metropolitan Water Reclamation District on this topic. If you should have any questions concerning this matter, please feel free to contact me.

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MEMORANDUM

TO: Anne Marie Gaura, Village Manager

FROM: Charles Meyer, Assistant Village Manager

DATE: February 18, 2020

SUBJECT: Protocols and Procedures for Meetings of the Board of Trustees

BackgroundWhile the Village Board is governed by the State of Illinois Open Meetings Act (OMA) regarding the provision of public meetings, the Village Board has adopted via Resolution and Ordinance protocols and procedures for how meetings are to be conducted. The purpose of this memorandum is to review the Protocols and Procedures for Meetings of the Board of Trustees for further discussion at the February 18, 2020 Committee of the Whole.

DiscussionThe Village of Lincolnwood adopted the attached Protocols for Procedures for Meetings and Activities of the President and Board of Trustees (Protocol) in December, 2011, to govern the structure and process of public meetings. In addition to the structure and process in public meetings, the Protocol is designed to provide a baseline for decorum in how debate is conducted and how speakers are recognized by the Presiding Officer.

While this Protocol has not been updated since 2011, it has routinely been kept in the Village Board Handbook which is shared whenever someone joins the Village Board and was most recently shared with the entire Village Board following the April, 2019 election. Since 2011, changes of the State Law and of the Village Code have made portions of the Protocol out of date and should be reviewed as part of this process. The following items are recommended for revision within the Protocol:

Adjustment of Section I.C. Presiding Officer: A change to reflect the Village Code which was amended in October of 2018 to allow the Village President to appoint a Village Trustee to act as a temporary Chairman for a meeting by sending a notification to the Village Clerk and Village Manager at least two hours prior to the meeting.

Adjustment of Section II.D. Rules of Governing All Public Comment: A removal of the requirement that a speaker must state their address as they address the public body.

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In addition to the changes within the Village Code or State Law that would facilitate changes to the Protocol, there are other questions that staff have developed for the Village Board’s deliberations on this topic including:

Should there be a provision within the Protocol that stipulates that no more than one person may have the Floor, which is the ability to speak on the topic being discussed, at any given time to allow members to complete their topic of discussion before another member is given the Floor?

Does the Village Board seek to revise or remove the stated time limit in the Protocol that limits members to speak no more than five minutes on a topic?

Does the Village Board wish to adjust the speaking time for public comment, which is currently no more than three minutes per speaker for a maximum of 30 minutes?

Apart from the Village Board Handbook, is there anywhere that the Village Board wants to have the Protocol advertised or provided to the Public?

Should the Protocol include a provision requiring annual review and training on the Protocol?

These questions will form the basis for the discussion on February 18, 2020 during the Committee of the Whole Meeting by the Village Board. After direction has been received on the attached document, staff will revise the Protocol and present it to the Village Board for formal approval via a Resolution.

Financial ImpactNone

RecommendationIt is the recommendation of this memorandum that this is discussed at the February 18, 2020 Committee of the Whole.

Documents Attached1. Protocols and Procedures for Meetings and Activities of the President and Board of Trustees

bw0 LINCO49

7

jLLINO1S

VILLAGE OF LINCOLNWOOD

PROTOCOLS AND PROCEDURES

FOR MEETINGS AND ACTIVITIESOF THE

PRESIDENT & BOARD OF TRUSTEES

Approved by Resolution No. R- 2011 -1644, December 6, 2011)

I. MEETING RULES AND PROCEDURES

A. Parliamentary Procedure.

1. Meetings shall be conducted in accordance with these Protocols andProcedures. For all matters not governed by these Protocols andProcedures, matters of the Village Board shall be governed by the mostrecent edition of Robert's Rules of Order. In the case of an inconsistencyor conflict between these Protocols and Procedures and Robert's Rulesof Order, these Protocols and Procedures shall apply and control. In theevent that these Protocols and Procedures, or Robert's Rules of Orderare in conflict with a specific provision of a Village cod r ordinance or ap e o op 9

state statute, then the code, ordinance or statute shall apply and control.

2. The rules of parliamentary procedure may be temporarily suspended oraltered by a majority vote of all the Trustees then in office.

B. Quorum A quorum shall consist of a majority of the entire Board of Trustees,including the Village President.

1. A quorum shall be necessary to transact the business of the VillageBoard.

2. If no quorum is present, the Village Board shall not thereby standadjourned, but the members present may adjourn or recess the VillageBoard by a majority vote.

C. Presiding Officer The presiding officer has the responsibility and authority tocontrol the meeting. The Village President shall be the presiding officer at allregular Village Board meetings and special meetings. At any meeting of theVillage Board where a quorum is present and the President is temporarily absent,but not capable of performing his or her official duties, the Trustee present withthe longest tenure in office shall be the presiding officer for that meeting.

Page 1 of 8

D. Questions of Order; Decisions

1. All questions of order shall be addressed to, and decided by, thepresiding officer. The presiding officer shall decide all questions ofparliamentary procedure without debate.

2. Any member may appeal to the board from a ruling of the presiding officerand the member making the appeal may briefly state his or her reason formaking the appeal, and the presiding officer may briefly explain his or herruling; but there shall be no debate on the appeal and no other membershall participate in the discussion. The presiding officer shall then put thequestion, "Shall the decision of the presiding officer be sustained ? ". If a

majority of the members present vote "No ", the decision of the presidingofficer shall be overruled; otherwise it shall be sustained.

E. The Floor The presiding officer shall determine who has the floor.

1. Members should act at all times so that the meeting is conducted in asmooth and orderly manner.

2. Members shall address all comments and discussion through thepresiding officer. Every member, previous to his or her speaking ormaking a motion, shall address the presiding officer as "Mr. /Ms.President" or "Mr. /Ms. Presiding Officer ", but shall not proceed with his orher remarks until recognized and named by the presiding officer.

3. A member recognized by the presiding officer shall confine himself /herselfto the question under debate.

4. No member shall speak more than once on the same question, except bypermission of the presiding officer, and then not until every other memberdesiring to speak shall have had an opportunity to do so.

5. No member shall speak longer than five minutes at any one time, exceptby consent of the presiding officer.

6. While a member is speaking, no member shall hold any privatediscussion, nor pass between the speaker and the presiding officer.

7. A member, when called to order by the presiding officer, shall thereupondiscontinue speaking. The order or ruling of the presiding officer shall bebinding and conclusive, subject only to the right to appeal pursuant toSection 1.D.2 of these Protocols and Procedures.

8. The presiding officer shall have the power to require the meeting room tobe cleared in case of any disturbances or disorderly conduct whichprevents the meeting from being continued in an orderly manner.

F. Motions Any member can make a motion upon recognition by the presidingofficer. A motion may be withdrawn by the maker thereof so long as the motionis withdrawn before the motion is put to a vote.

Page 2 of 8

G. Subsidiary Motions When a question is pending before the Village Board, noother motion shall be in order except only one of the following motions:

1. to fix the time to adjourn;

2. to adjourn;

3. to take a recess;

4. to raise a question of privilege;

5. to call for the orders of the day;

6. to lay on the table;

7. to call the previous question;

8. to postpone to a definite time;

9. to postpone indefinitely;

10. to refer to committee;

11. to amend; and

12. to the main motion.

H. Undebatable Motions and Exceptions to Order A motion to adjourn or to lay onthe table shall be decided without debate.

I. Motion to Adjourn

1. A motion to adjourn cannot be amended, but a motion to adjourn to agiven day or time shall be open to amendment and debate.

2. A motion to adjourn is always in order, except when:

a. A member is in possession of the floor;

b. A motion on the main question is pending;

C. A motion to reconsider is pending; or

d. The immediately preceding motion was a motion to adjourn.

J. Motion to Postpone Indefinitely When a question is postponed indefinitely, itshall not be taken up again before the next regular meeting.

K. Motion to Amend A motion to amend an amendment shall be in order, but amotion to amend an amendment to an amendment shall not be entertained.

Page 3 of 8

L. Voting

1. A vote shall be taken in order to pass all ordinances and on allpropositions to create any liability against the Village, or for theexpenditure or appropriation of its money, and upon any question and inall other cases at the request of any member of the Village Board. Thevote shall be commenced by the clerk, who will call the roll of the VillageBoard for taking of a vote by "yeas" and "nays ".

2. All debate on the question before the Village Board shall be deemedconcluded by the commencement of the vote. However, during the takingof the vote, a member shall be permitted to briefly explain his or her voteand shall respond to the calling of his or her name by the clerk byanswering "yea" or nay ".

3. Every member present shall vote unless he or she has an interest in thematter, in which event he or she shall disqualify himself /herself. Also, allmembers shall be seated.

4. If any question under consideration contains several distinct propositions,the Village Board by a majority vote of the members present may dividesuch questions.

5. The presiding officer shall announce the result of the Village Board's voteand such votes shall be entered into the journal of the proceedings, asprovided by statute.

M. Amendments Only one amendment at a time may be offered to any questionbefore the Village Board. The vote shall first be taken on the amendment, andthen on any additional amendments that may be proposed. Finally, a vote shallbe taken on the principal motion as finally amended.

N. Reconsideration

1. A vote or question may be reconsidered at any time during the samemeeting, or at the first regular meeting held thereafter. A motion forreconsideration, once having been made and decided in the negative,shall not be renewed. If a matter has been decided, and a motion toreconsider such matter has been defeated, the matter may nonethelesscome before the Village Board at a future time by way of a motion torescind or as a new motion. If the presiding officer determines that newfacts are to be presented to the Board or that there is a likelihood that theBoard will reverse its previous decision, he or she shall rule the motion inorder. If a motion is continuously brought before the Board and rejected,the presiding officer may rule its reintroduction under a motion to rescindor as a new motion to be out of order.

2. No motion to reconsider the approval or denial of the recommendation ofan advisory body required to hold public hearings shall be entertainedexcept at the same meeting at which the original action was taken or after

Page 4 of 8

the matter has been referred to the advisory body for a further hearingand recommendation.

3. A motion to reconsider must be made by members who voted on theprevailing side of the question to be reconsidered, unless otherwiseprovided by law; provided, however, that where a motion has received amajority vote in the affirmative, but is declared lost solely on the groundthat a greater number of affirmative votes is required by statute for thepassage or adoption of such motion, then in such case a motion toreconsider may be made only by those who voted in the affirmative onsuch question to be reconsidered, so long as the issue presented is thesame, no new information is forthcoming, and the rights of third partieshave not intervened.

O. Reports, Communications, and Petitions. All communications, reports, petitionsor any other papers addressed to the Village Board shall be made available tothe Village Clerk prior to the meeting. The Village Clerk shall distribute copies orread such materials to the members of the Village Board.

P. Expulsion Of Members Any member acting or appearing in a lewd or disgracefulmanner, or who uses opprobrious, obscene or insulting language to or about anymember, or who does not obey the order of the presiding officer, shall be, onmotion, censured by a majority vote of the Village Board and, in addition, may befined in an amount not to exceed $25.00 for each occurrence. With theconcurrence of two- thirds of the trustees, the Village Board may expel a trusteefrom a meeting, but not a second time for the same offense.

II. PUBLIC COMMENT AND PARTICIPATION

Except as allowed in the determination of the presiding officer, which determination maybe overridden by a majority of the Village Board, members of the public, includingresidents and taxpayers of the Village and neighboring jurisdictions, federal, state, andlocal governmental officials and representatives, the media, petitioners, and applicants,will be allowed to address and make comments to the Village Board only: i) during apublic hearing" convened by the Village Board, as provided in Section II.A below, or (ii)during the "public comment time," as provided and defined in Section 11.13 below.

All public comment shall be subject to, and in accordance with, the general rulesgoverning all public comment set forth in Section II.D below.

A. Rules Governinq Public Hearings Convened by the Village Board

1. During any and all public hearings convened by the Village Board, thepresiding officer shall recognize and allow to speak any person desiring tospeak. In the event that all persons desiring to speak are not able to doso within the time limit allowed for the public hearing, the presiding officershall either extend the time limit for the public hearing, or adjourn thepublic hearing to a new date and time.

2. The time limit for comments by each person or group shall be set andannounced in advance by the presiding officer. The time limits may vary

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for each public hearing. The presiding officer may allow representativesspeaking on behalf of groups or associations a longer time limit than thatallowed for individual speakers. In the event that no time limit is set or

announced in advance of the public hearing, no person or group shallspeak for more than five minutes.

3. The order of speakers shall be set and announced in advance by thepresiding officer.

4. Advance speaker registration may be required by, and in the solediscretion of, the presiding officer.

5. Cross - examination of witnesses by petitioners, or members of the public,or their representatives, shall be allowed during public hearings, but onlyupon written request made to the presiding officer on a form provided bythe Village Clerk, and submitted to the Village Clerk or to the presidingofficer prior to the beginning of the public hearing.

B. Rules Governinq the Public Comment Time

1. The agenda of every regular and special meeting of the Village Board andcommittee of the whole shall include a reservation of time during themeeting for public comment ( "public comment time ").

2. Except as provided in Section II.B.3 below, the presiding officer shallrecognize and allow to speak any person desiring to speak during publiccomment time.

3. In the event that a matter about which a person desires to speak is thesubject of a specific item on the agenda of the same meeting as thepublic comment time, and public comment will be allowed in thedetermination of the presiding officer (which determination may beoverridden by a majority of the Village Board) during that agenda item,the presiding officer may refuse to allow such person to speak about suchmatter during the public comment time. If no public comment will beallowed by the presiding officer (which determination may be overriddenby a majority of the Village Board) during the specific agenda item, thenthe person shall be allowed to speak about such matter during the publiccomment time even though it is the subject of a specific item on theagenda of the same meeting.

4. The total amount of time allocated for public comment time at anymeeting shall not exceed 30 minutes, unless determined otherwise by thepresiding officer, which determination may be overridden by a majority ofthe Village Board. In the event that all persons desiring to speak duringthe public comment time are not able to do so within the time limit allowedfor the public hearing, the presiding officer shall either extend the timeallocated for public comment time, or allow for continuation of the publiccomment time after the completion of all other matters on the agenda forthe Village Board meeting.

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5. No person shall speak during the public comment time for more thanthree minutes, unless the presiding officer specifies a longer or shortertime period at the outset of the presiding officer, which specification maybe overridden by a majority of the Village Board. Such longer or shortertime period shall be applicable to all persons participating in the publiccomment time at the same meeting.

C. Prohibition of Public Comment No person shall be allowed, or have the right, toaddress or make comments to the Village Board during a public meeting (otherthan during a duly convened public hearing or during the public comment time),unless the presiding officer determines (which determination may be overriddenby a majority of the Village Board) otherwise and recognizes such person. Thepresiding officer shall have the right to refuse to recognize any person, other thana member of the Village Board, at any time during a public meeting, except asexpressly provided herein during a public hearing or during the public commenttime.

D. Rules Governing All Public Comment

1. Each speaker shall be required to state his or her name and address in aclear manner so that it can be recorded by the Village Clerk.

2. If a speaker is representing, or speaking on behalf of, an individual,group, or association, the speaker shall be required to state the nature ofsuch representation.

3. Speakers desiring to use audio or visual equipment in connection with apresentation shall make arrangements with the Village Manager for suchuse in advance of the meeting.

4. Public comment on a subject related to a matter for which a publichearing is required should be provided to the body conducting the publichearing at the time such hearing is held.

5. In the interest of promoting the efficient conduct of public business,speakers should refrain from repeating their own testimony and

comments, and should refrain from repeating testimony and commentsthat have previously been provided to the Village Board by otherindividuals.

6. Speaker time limits shall be strictly enforced by the presiding officer.

7. No person may be discourteous, belligerent, impertinent, threatening,disparaging, or otherwise uncivil. The presiding officer may limit thecomments of any person who engages in such conduct. No person maycontinue to speak after the presiding officer has taken the floor from thatperson.

8. All questions or statements from the floor must be directed to thepresiding officer. All others will be ruled out of order.

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9. No member should interrupt a speaker during a presentation. The

presiding officer shall have the right to interrupt a speaker in order toenforce these, or other applicable, rules.

E. Interruptions and Other Disturbances No person shall interrupt the proceedingsof a Village Board meeting or cause any other form of disturbance or disruption.

8699352_x6

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1

MEMORANDUM

TO: Village Trustees

FROM: Anne Marie GauraVillage Manager

DATE: February 18, 2020

SUBJECT: Policy Discussion Regarding Election Signs and Social Media Communications

BACKGROUNDVillage staff understands and recognizes the importance of providing effective and objective support and services to stakeholders in the community. To that end, staff relies on policy direction from the Village Board, with advisory support from other Boards and Commissions, so that staff can focus time and energy on implementation of those policies and enforcement of the Village Code.

In order to support this goal of objectivity in service of the community, staff is seeking direction from the Village Board on two matters related to municipal elections; 1) the enforcement of regulations related to election signs, and 2) the use of images of Village staff in social media and other communications.

Election Sign Regulations and Proposed PoliciesVillage staff is responsible for enforcing policies and regulations related to election and campaign signs. In this role, staff strives for fair and equal enforcement in order to maintain objectivity toward candidates and political parties. Based on experiences and observations during recent election cycles, staff has prepared a series of draft policies for consideration by the Village Board. Those draft policies, included in the body of this report and as an attachment to this report as a draft Village Bard Protocol, supplement regulations adopted by the Village of Lincolnwood and the State of Illinois. Should the Board endorse these policies, staff will enforce regulations and implement policies in the draft Village Board Protocol.

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Regulatory ContextCampaign signs are regulated by two sets of legislation (attached to this report):

Section 11.05(9) of the Zoning ordinance, which exempts political and campaign signs from the requirement for a sign permit, but establishes the following regulations:

o Signs must be located on private property;o The placement of signs requires the permission of the property owner;o Signs may not exceed six square feet in area or three feet in height; ando Signs must be removed within five days after the election.

The Illinois Campaign Signs Regulation Act (CSRA), which establishes the following regulations that are enforced by Village staff:

o Requires the designation by each candidate or political committee of a person responsible for sign compliance;

o Signs can be no larger than two feet by three feet;o Signs must be made of a biodegradable material;o The number of signs on a property shall not exceed one sign per candidate for

each political office (For the purposes of the local interpretation of this regulation, staff has determined that signs with multiple candidates represented by one political party can have multiple signs in the amount of the number of candidates represented on that sign. For example, a party representing three candidates can have three signs on one property, based on the fact that it is equal to one sign per candidate.);

o Signs shall be posted no closer than 20 feet from the property line or street;o Signs cannot be posted on public property;o Allows for the removal of signs by local corporate authorities;o Prohibits posting signs on private property without the approval of the property

owner;o Establishes certain fines for signs found to be in violation; ando Restricts Home Rule communities from adopting regulations that are less

restrictive than those in the CSRA.

Proposed Enforcement PoliciesIn order to enforce the relevant regulations as fairly and consistently as possible, staff proposes the following policies to be considered by the Village Board:

At the start of each election season, staff will do the following:o Staff will work with the Cook County Clerk’s Office to identify nay registered

candidates and procure contact information for the persons designated as responsible for election sign compliance.

o Staff will disseminate an election signs informational packet to each persons designated as responsible for election sign compliance. The packet will state the Village’s policies related to election sign regulations and enforcement, and will include the information of staff responsible for enforcement of these regulations.

Staff will enforce regulations based on complaints logged in the PublicStuff community portal. Complaints can be entered in either of the following ways:

o Members of the public can enter complaints into the system; or

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o Staff can enter work orders into the system based on violations they observe as part of their regular duties.

Staff will require the removal or relocation of signs in the following manner:o Generally, staff will enforce election sign regulations by contacting designated

candidate or party representatives and requesting removal and/or relocation of non-compliant signs. Party representatives will be given 24 hours to bring a non-compliant sign into compliance.

o If signs are not removed within 24 hours, staff may remove the signs and notify party representatives that they are available for pickup at Village Hall. Party representatives, or their designated proxies, may pick up the signs.

o Staff will proactively remove election signs when they are placed in roadway medians or in areas occupied by the I-94 interchange.

o When staff proactively removes signs, the party representative for that candidate or committee will be notified that the sign is available for pickup at Village Hall. Party representatives, or their designated proxies, may pick up the signs.

Staff will interpret in-field scenarios in the following manner:o When the configuration of the public right-of-way includes the roadway, and

grass or landscaped parkway, then a sidewalk, it will be assumed that any election signs in the parkway are non-compliant based on the fact that the parkway is public property. The party representative will be notified of the non-compliance. Actions to bring the sign into compliance include a) removal of the sign, or b) relocation of the sign onto private property (assuming the property owner consents) such that the sign is at least 20 feet from the curb.

o When the configuration of the public right-of-way includes the roadway, a carriage walk, then grass, it is often assumed that the property line is adjacent to the edge of the carriage walk, when it is in fact typically 15 feet from the curb. If an election sign is obviously less than 20 feet from the curb, it will be considered non-compliant and the party representative will be notified of the non-compliance. If as a part of investigating a complaint staff observes other signs with similar non-compliance, enforcement staff may proactively contact any relevant party representatives in an effort to support fair and objective enforcement.

o When staff receives complaints from a property owner who has not granted permission for the placement of an election sign on their property, staff will notify the complainant that they have the right to remove the sign. Staff will also notify the party representative to provide an opportunity for them to remove the sign proactively.

Staff will enforce regulations on Election Day in the following manner:o Signs are permitted on the property of polling station, but must be placed at least

100 feet from the polling station, as per state law.o Staff will enforce regulations related to the size of election signs, but will rely on

Election Judges to monitor for compliance and resolve any disputes related to the specific location of signs.

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After the end of an election, staff will do the following:o Staff will send a communication to party representatives stating the Village’s

expectations that signs should be removed within five days.o After five days from the end of an election, all remaining signs will be picked up

by staff. Notice will be sent to party representatives in the event that they wouldlike to pick up the signs from Village Hall.

o After 10 days from the end of the election, any signs in the possession of theVillage will be discarded.

Election Sign Regulations and Proposed PoliciesThe Village maintains a Communications Policy (Policy) that governs how the Village oversees how information is transmitted to the public. A component of this Policy is in regards to social media and governs how the Village coordinates communications on this medium. As the Village refines its role in regards to political signs on the right of way, it is seeking to refine the role of Village employees in regards to a political campaign.

Since professional government is predicated on staff holding an apolitical role, it is important that staff are not perceived to be supporting a political position or campaign. The Policy is currently being updated to address staff and the presence of staff in photos used for campaign purposes. The Policy will be presented during the Committee of the Whole Meeting.

REQUESTED ACTIONStaff requests that the Village Board Committee of the Whole provide direction and feedback regarding the proposed election signs enforcement policies, draft Village Board Protocol related to election sign enforcement, and proposed revisions to the current Communications Policy.

DOCUMENTS ATTACHED1. Relevant Election Sign Regulations2. Draft Election Signs Village Board Protocol

90_SB0655

New Act

10 ILCS 5/29-14.1 new

Creates the Campaign Sign Regulation Act. Provide that

campaign signs shall be no larger than 2 feet by 3 feet and

that all signs shall be made of a biodegradeable material.

Provides that the number of signs on private property shall

be limited to one sign for each candidate for each public

office. Prohibits posting signs closer than 20 feet from the

property line or street. Prohibits the posting of signs on

public property. Provides for the removal of signs by the

corporate authorities or county board. Provides that a

violation is a petty offense with a fine of $2 per day per

sign posted in violation of the Act. Provides that the fines

collected shall be deposited into the Common School Fund.

Pre-empts home rule. Amends the Election Code to make it

unlawful to post a campaign sign on private property without

the consent of the owner. Effective immediately.

LRB9002512MWpc

LRB9002512MWpc

1 AN ACT concerning campaign signs.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. This Act may be cited as the Campaign Sign

5 Regulation Act.

6 Section 5. Definitions. For purposes of this Act;

7 "Campaign sign" means a sign supporting or opposing a

8 candidate for public office or supporting or opposing a

9 question of public policy.

10 "Political committee" has the meaning ascribed to it in

11 section 9-1.9 of the Election Code.

12 Section 10. Size and material of campaign signs. All

13 campaign signs shall be no larger than 2 feet by 3 feet (or 6

14 square feet). All signs shall be made of a biodegradeable

15 material.

16 Section 15. Signs; private property. Signs placed on

17 private property shall be limited to one sign for a candidate

18 for each office. Signs shall not be posted closer than 20

19 feet from the property line or street.

20 Section 20. Signs; public property; removal.

21 Campaign signs may not be posted on public ways, utility

22 rights-of-way, easements, or any public property. If a sign

23 is posted in these areas, the corporate authorities of the

24 municipality where the sign is posted or, if the sign is

25 located in an unincorporated area, the county board of the

26 county where the sign is posted, shall order the removal of

27 the campaign sign.

-2- LRB9002512MWpc

1 Section 25. Person responsible for signs. Each

2 candidate or political committee must file with the corporate

3 authorities or county board a designated person responsible

4 for the placement and removal of signs and the address of

5 that person.

6 Section 30. Violation. A person who violates this Act

7 commits a petty offense and shall be fined $2 per day for

8 each political sign that is not removed.

9 Section 35. Fines. The fines collected under this Act

10 shall be deposited into the Common School Fund. The circuit

11 clerk shall transmit these fines to the State Treasurer who

12 shall deposit them into the Common School Fund.

13 Section 40. Local ordinance. This Act does not create a

14 cause of action within a unit of local government that adopts

15 a more restrictive ordinance regulating the posting and

16 removal of campaign signs.

17 Section 45. Home rule. A home rule unit may not

18 regulate the posting of campaign signs in a manner that is

19 less restrictive than the requirements imposed by this Act.

20 Home rule units may impose more restrictive requirements than

21 the requirements imposed by this Act. This Section is a

22 limitation under subsection (i) of Section 6 of Article VII

23 of the Illinois Constitution on the concurrent exercise by

24 home rule units of powers and functions specified in this

25 Act.

26 Section 100. The Election Code is amended by adding

27 Section 29-14.1 as follows:

28 (10 ILCS 5/29-14.1 new)

-3- LRB9002512MWpc

1 Sec. 29-14.1. Campaign signs.

2 (a) It is unlawful for a person to post a campaign sign

3 on private property without the consent of the owner of the

4 private property.

5 (b) It is unlawful for a person to post a campaign sign

6 on public property.

7 (c) Sentence. A violation of this Section is a petty

8 offense for which the offender shall be fined $2 per day for

9 each campaign sign posted in violation of this Section.

10 (d) Fines collected under this Section shall be

11 deposited into the Common School Fund in accordance with

12 Section 35 of the Campaign Sign Regulation Act.

13 (e) For purposes of this Section, "campaign sign" has

14 the same meaning as in the Campaign Sign Regulation Act.

15 Section 999. Effective date. This Act takes effect upon

16 becoming law.

Lincolnwood Village Code

Chapter 15 Zoning Article 11 Signs 11.05. Exempt Signs [Ord. No. 2011-2937] The following signs, while subject to any other Village ordinance which may apply, are exempt from the permit requirements set forth in this article.

(9) Political and campaign signs: temporary signs indicating candidates for public office or measures

on election ballots, provided that such signs shall be permitted on private property only, may be

placed only upon approval of the property owner, may not exceed six square feet in area or three

feet in height, and must be removed within five days following the election.

1

Village Board Protocol

Election Sign Code Enforcement

Effective Date:XX/XX/2X

Revision Date:

IntroductionVillage staff is responsible for enforcing policies and regulations related to election and campaign signs. Staff’s role is to provide fair and equitable enforcement of applicable laws while maintaining objectivity toward candidates and political parties. The purpose of this Village Board Protocol is to create a uniform standard for staff to apply towards enforcement of sign regulations

If anything in this Village Board Protocol is contradicted by applicable Local, State, or Federal Law, that Law takes precedent over this policy.

Village Board ProtocolThe enforcement of campaign signs is influenced by Section 11.05(9) of the Zoning Ordinance and the Illinois Campaign Signs Regulation Act (CSRA). A combined summary of those regulations include:

Zoning Ordinance:o Signs must be located on private property;o The placement of signs requires the permission of the property owner;o Signs may not exceed six square feet in area or three feet in height; ando Signs must be removed within five days after the election.

CSRA:o Requires the designation by each candidate or political committee of a person

responsible for sign compliance;o Signs can be no larger than two feet by three feet;o Signs must be made of a biodegradable material;o The number of signs on a property shall not exceed one sign per candidate for

each political office (For the purposes of the local interpretation of this regulation, staff has determined that signs with multiple candidates represented by one political party can have multiple signs in the amount of the number of candidates represented on that sign. For example, a party representing three candidates can have three signs on one property, based on the fact that it is equal to one sign per candidate.);

o Signs shall be posted no closer than 20 feet from the property line or street;o Signs cannot be posted on public property;o Allows for the removal of signs by local corporate authorities;o Prohibits posting signs on private property without the approval of the property

owner;o Establishes certain fines for signs found to be in violation; ando Restricts Home Rule communities from adopting regulations that are less

restrictive than those in the CSRA.

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Using these guidelines for the rules governing campaign signs in Lincolnwood, this policy requires that staff engage in Code Enforcement in line with the directives of the Village Board. As such, the staff will complete the following steps in regards to enforcement of campaign sign issues:

Code Enforcement information dissemination efforts prior to any Election Day:o Staff will work with the Cook County Clerk’s Office to identify any registered

candidates and procure contact information for the persons designated as responsible for election sign compliance.

o Staff will disseminate an election signs informational packet to each persons designated as responsible for election sign compliance. The packet will state the Village’s policies related to election sign regulations and enforcement, and will include the information of staff responsible for enforcement of these regulations.

Code Enforcement actions to be engaged by staff:o Staff will enforce regulations based on complaints logged in the PublicStuff

community portal. Complaints can be entered in either of the following ways: Members of the public can enter complaints into the system; or Staff can enter work orders into the system based on violations they

observe as part of their regular duties.o Staff will require the removal or relocation of signs in the following manner:

Generally, staff will enforce election sign regulations by contacting designated candidate or party representatives and requesting removal and/or relocation of non-compliant signs. Party representatives will be given 24 hours to bring a non-compliant sign into compliance.

If signs are not removed within 24 hours, staff may remove the signs and notify party representatives that they are available for pickup at Village Hall. Party representatives, or their designated proxies, may pick up the signs.

Staff will proactively remove election signs when they are placed in roadway medians or in areas occupied by the I-94 interchange.

When staff proactively removes signs, the party representative for that candidate or committee will be notified that the sign is available for pickup at Village Hall. Party representatives, or their designated proxies, may pick up the signs.

Guidelines for Code Enforcement actions based on configuration of the Village right-of-way and location of a campaign sign:

o When the configuration of the public right-of-way includes the roadway, and grass or landscaped parkway, then a sidewalk, it will be assumed that any election signs in the parkway are non-compliant based on the fact that the parkway is public property. The party representative will be notified of the non-compliance. Actions to bring the sign into compliance include a) removal of the sign, or b) relocation of the sign onto private property (assuming the property owner consents) such that the sign is at least 20 feet from the curb.

3

o When the configuration of the public right-of-way includes the roadway, a carriage walk, then grass, it is often assumed that the property line is adjacent to the edge of the carriage walk, when it is in fact typically 15 feet from the curb. If an election sign is obviously less than 20 feet from the curb, it will be considered non-compliant and the party representative will be notified of the non-compliance. If as a part of investigating a complaint staff observes other signs with similar non-compliance, enforcement staff may proactively contact any relevant party representatives in an effort to support fair and objective enforcement.

o When staff receives complaints from a property owner who has not granted permission for the placement of an election sign on their property, staff will notify the complainant that they have the right to remove the sign. Staff will also notify the party representative to provide an opportunity for them to remove the sign proactively.

Code Enforcement actions on Election Day: o Signs are permitted on the property of polling station, but must be placed at least

100 feet from the polling station, as per state law.o Staff will enforce regulations related to the size of election signs, but will rely on

Election Judges to monitor for compliance and resolve any disputes related to the specific location of signs.

Code Enforcement actions following Election Day: o Staff will send a communication to party representatives stating the Village’s

expectations that signs should be removed within five days.o After five days from the end of an election, all remaining signs will be picked up

by staff. Notice will be sent to party representatives in the event that they would like to pick up the signs from Village Hall.

o After 10 days from the end of the election, any signs in the possession of the Village will be discarded.

Any questions about the implementation of this policy should be directed to the Development Manager at (847) 745-4796

1

MEMORANDUM

TO: Anne Marie Gaura Village Manager

FROM: Steve McNellis Community Development Director DATE: February 18, 2020

SUBJECT: Discussion Regarding Referral of Electronic Message Center Sign Permissibility in the P Zoning District

BACKGROUND

In 2018, Village Staff presented the Village Board with a series of proposed Sign Code amendments for consideration, in order to reduce unnecessary restrictions and provide more business-friendly regulations. The goal of these amendments was to: 1) provide appropriate flexibility for commercial signage, especially for larger properties that require a certain level of visibility; and 2) reasonably expand opportunities for commercial businesses to promote their products and services. These text amendments were referred to the Plan Commission, who began a series of workshops to discuss appropriate Code amendments. One of these proposed amendments involved consideration of removing the prohibition on Electronic Message Center (EMC) signs and the implementation of specific standards for permitting such signage. The Plan Commission recommended such signage be permitted, with restrictions on zoning districts, lot size, hours of operation, sign dimensions, setbacks and illumination (see attached approved Ordinance). When this recommendation was brought to the Village Board for final consideration, staff made an additional recommendation that EMC signs be permitted as a Special Use in the P, Public Open Space/Recreation/Park zoning district, in which all Village Parks, the Village Hall and Police/Fire station, Public Works facility, etc. are located. It was noted that the Plan Commission had not discussed this possibility, as the subject did not arise during their deliberations, but that Village staff had noted that many of the same programming and informational needs present at the schools are also present at Village properties, including the Village Hall Campus/Proesel Park. The Village Board ultimately voted 4-1, at the November 5, 2019 meeting, to approve an ordinance permitting EMC signs, under the parameters noted in the attached ordinance. However, the Village Board recommendation specifically removed any reference to the permissibility of EMC signs on Village-owned properties. In the discussion leading up to the

2

Village Board’s final consideration, Trustees recommended that the Park Board opine on the idea of permitting EMC signs on park properties, prior to reconsideration by the Plan Commission of such expanded permissibility.

At their January 14, 2020 meeting, the Park Board discussed whether or not the opportunity to erect EMC signs should be permitted on park properties, whether now or in the future. Staff noted that the Code-required minimum 7-acre threshold for properties on which EMC signs could be permitted would remain. Given that threshold, there are only two park properties upon which a sign could be permitted: Proesel Park/Village Hall Campus, and Centennial Park. With Average Daily Traffic of 15,000+ on Lincoln Avenue, and 29,000 on McCormick, with 30,000+ on Touhy Avenue at the intersection with McCormick, staff suggested these could represent two locations where signage could reach a large audience. In fact, a shared sign at the Village Hall campus, advertising Village-wide information and park-related programs, could provide benefits, without such a sign being located on Proesel Park property. Park Board members all spoke favorably of such an opportunity, understanding that a Code change would only allow the option of considering such signage in the future and did not represent a favorable vote for a specific sign at this time. After discussion, there was a consensus of the Park Board to recommend amending the Village Code to permit the possibility of EMC signage in the P Zoning District.

REQUESTED ACTION

Staff requests Referral to the Plan Commission of an amendment to the Zoning Code to permit EMC signage as a Special Use in the P Zoning District, under the same parameters as EMC signage in other Zoning Districts.

DOCUMENTS ATTACHED

1. Approved Ordinance Regulating EMC Signs (Excerpt)2. Staff Memorandum to the Park Board, January 14, 20203. January 14, 2020 Park Board Approved Minutes (Excerpt)

1

MEMORANDUM

TO: Parks and Recreation Board

FROM: Steve McNellis, Community Development Director Melissa Rimdzius, Director of Parks and Recreation

DATE: January 14, 2020

SUBJECT: Discussion Regarding Electronic Message Centers in the P District On November 5, 2019, the Village Board approved a text amendment to the Zoning Code, permitting what is referred to as Electronic Message Center (EMC) signs, where these sign types were once prohibited. EMC are digital displays that electronically change, providing information or advertisements related to the property on which they are located. Historically, such signs have consisted of crude electronic displays of small individual light bulbs that may have provided the time and temperature at a bank or provided other basic strings of informative text. In today’s digital world, EMC have essentially become an extension of TV and computer screens, with a variety of realistic digital images. In effect, they are cousins to the large jumbotron video screens at sports stadiums, albeit at a more human scale. The Village Board referred text amendments to permit such signage in an effort to: 1) provide appropriate flexibility for commercial signage, especially for larger properties that require a certain level of visibility; and 2) reasonably expand opportunities for commercial businesses to promote their products and services. These text amendments were referred to the Plan Commission, who began a series of workshops to discuss EMC, as well as other proposed amendments to the Sign provisions in the Zoning Code. In these workshops, the Plan Commission determined that it was appropriate to permit EMC Signs, with certain stipulations. Specifically, the Plan Commission unanimously recommended the following (the complete approved Ordinance is attached to this memo):

1) EMC Signs shall comply with current Zoning Code requirements related to permitted hours of operation (which are generally between 7:00 a.m and 11:00 p.m., with some exceptions);

2) EMC signs on single-tenant properties are permitted to be no greater in size than 40-square feet;

3) Animated or moving images are prohibited on an EMC;

2

4) Static images must remain visible for a period of no less than ten seconds before transitioning to a new static image;

5) The illumination/brightness level of EMC signs may not exceed 0.3 footcandles over ambient lighting conditions, as measured at specified distances;

6) All EMC signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim to a reading that is no greater than 0.3 footcandles over ambient lighting;

7) EMC signs are permitted only on lots 7 acres or larger in size. Properties that are under common ownership, contiguous to one another, and of the same or similar use may be considered a single lot for purposes of EMC permissibility; and

8) EMC signs must face away from and may not direct light onto any residentially-zoned lot or lot improved with a residential structure.

9) EMC Signs may be approved only as Special Signs, which require a specified Public Hearing process.

10) EMC signs may only be erected in the following Zoning Districts: B-1, B-2 and B-3 commercial zoning districts, O-1 office zoning district and S school zoning district.

The Village Board reviewed the Plan Commission recommendations, as well as an additional recommendation from Village staff, related to the permissibility of EMC on Village-owned properties (in the P, Public Open Space/Recreation/Park zoning district, in which all Village Parks, the Village Hall and Police/Fire station, Public Works facility, etc. are located). It was noted that the Plan Commission had not discussed this possibility, as the subject did not arise during their deliberations, but that Village staff had noted that many of the same programming and informational needs present at the schools are also present at Village properties, including the Village Hall Campus/Proesel Park. The Village Board ultimately voted 4-1 to approve an ordinance permitting EMC signs, under the parameters noted above. However, the Village Board recommendation specifically removed any reference to the permissibility of EMC signs on Village-owned properties. In the discussion leading up to the Village Board’s final consideration, Trustee Nickell recommended, with support from Trustee Sargon, that the Park Board opine on the idea of permitting EMC signs on park properties. If the Park Board were to determine that the opportunity to erect EMC signs should be permitted on park properties, whether now or in the future, that opportunity would still be limited by property size. As previously-noted, there is a minimum 7-acre property size for EMC sign permissibility. Given that threshold, there are only two park properties upon which a sign could be permitted: Proesel Park/Village Hall Campus, and Centennial Park. With Average Daily Traffic of 15,000+ on Lincoln Avenue, and 29,000 on McCormick with 30,000+ on Touhy Avenue at the intersection with McCormick, these could represent two locations where signage could reach a large audience. In fact, a shared sign at the Village Hall campus, advertising Village-wide information and park-related programs, could provide benefits, without such a sign being located on Proesel Park property.

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Permissible Locations:

Proesel Park (left) and Centennial Park (right)

Electronic Message Center Examples:

The Park Board is not necessarily being requested to recommend whether or not an EMC sign should be erected in either of these locations now, but rather, should the Village Code be amended to permit the possibility of such signage now or in the future. Regardless, there would be a Public Hearing process that any such sign would need to follow, with final approval by the Village Board. Document Attached:

1. Electronic Message Center Ordinance

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