AGENDA VILLAGE OF ROSELLE MEETING OF THE BOARD OF TRUSTEES Roselle Village Hall - 31 S. Prospect Street November 27, :00 p.m.

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1 1. Call to Order AGENDA VILLAGE OF ROSELLE MEETING OF THE BOARD OF TRUSTEES Roselle Village Hall - 31 S. Prospect Street November 27, :00 p.m Pledge of Allegiance Roll Call Presentation of Prepared Agenda Citizen Comments/Questions Residents who wish to address the Board, please come to the podium, state your name and address, and limit your comments to three minutes. Officials and Staff Reports 6.A. Mayor 6.A.1. Adopt a Resolution authorizing the Village Attorney to initiate litigation for remediation, or demolition of the property located at 403 North Roselle Road. Documents: DEMOLITION RESOLUTION.PDF 6.A.2. Adopt a Resolution urging the Governor to veto Senate Bill Documents: RESOLUTION OPPOSING SB 1451.PDF 6.B. 6.C. 6.D. 6.E. 6.F. Village Trustees Village Clerk Village Administrator Village Attorney Chamber of Commerce Liaison 7. CONSENT AGENDA

2 7. CONSENT AGENDA All items listed on the Consent Agenda are considered to be routine, procedural, informational, self-explanatory, or non-controversial in nature and will be enacted in one motion. There will be no discussion of these items unless a Board member requests that an item be removed from the Consent Agenda and placed on the Regular Agenda. 7.A. Presentation of Village Board Minutes of November 13, Documents: NOV 13 VB MINUTES.PDF 7.B. Presentation of Committee of the Whole Minutes of November 13, Documents: NOVEMBER 13 COW MINUTES.PDF 7.C. Pass an Ordinance amending Village Code, Chapter 2 "Administration" by the addition of Article 15, Sections through to be entitled "Administrative Procedure for Assessing and Determining Claims under the Public Safety Employee Benefits Act." Documents: PSEBA ORDINANCE.PDF REGULAR AGENDA Community Development - Trustee Lee Trejo 9.A. Conduct a Public Hearing for the Annexation of 1617 Larson Lane (745 Larson Lane). Documents: ANNEXATION OF 1617 LARSON LANE.PDF PLAT OF ANNEXATION.PDF 9.B. 9.C. Pass an Ordinance authorizing execution of an Annexation Agreement for 1617 Larson Lane (745 Larson Lane). Pass an Ordinance Annexing Territory to the Village of Roselle, DuPage and Cook Counties, Illinois, and establishing R-2 Single Family Residence District Zoning and amending the Zoning Map for 1617 Larson Lane (745 Larson Lane) Administration - Trustee Heather Pransky Fire - Trustee Patrick Devitt Police - Trustee Bruce Berkshire Public Works - Trustee Wayne Domke

3 14. Finance - Trustee David Pileski 14.A. Approve Accounts Payable List for November 27, 2017 in the amount of $919, Documents: BILLS LIST PDF Citizen Comments/Questions Residents who wish to address the Board, please come to the podium, state your name and address, and limit your comments to three minutes. Executive Session (Motion to Convene Executive Session) A. Collective Bargaining B. Litigation C. Review of Closed Session Minutes D. Personnel E. Real Property F. Security Procedures G. Risk Management Other Business - For Discussion Only Adjourn In compliance with the Americans with Disabilities Act, any person with a disability requiring a reasonable accommodation to participate in the meeting should contact Jason Bielawski, ADA Compliance Officer, 8:30 a.m. to 5:00 p.m. Monday through Friday, telephone: , jbielawski@roselle.il.us. 31 South Prospect Street Roselle, Illinois Telephone: (630) Administrative Fax: (630) General Village Fax: (630)

4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE ATTORNEY TO INITIATE LITIGATION FOR REMEDIATION, OR DEMOLITION OF THE PROPERTY LOCATED AT 403 NORTH ROSELLE ROAD WHEREAS, the property 403 North Roselle Road (hereinafter Property ) is located within the corporate boundaries of the Village of Roselle; and WHEREAS, the property contains an abandoned gas station/convenience mart and gas island canopy (hereinafter Improvements ) which have fallen into substantial disrepair; and WHEREAS, the Corporate Authorities of the Village of Roselle have determined that the Improvements on the property constitute a public nuisance inconsistent with the public health safety and welfare of the citizens of the Village; and WHEREAS, the Village retained an engineering/architectural firm, as well as an appraiser, to ascertain whether the Improvements on the Property in their current condition, do or do not add to economic value of the Property: and based on the reports have determined that the Improvements do not add economic value to the Property and in fact if rehabilitated would diminish the fair market value of the Property measured against the demolition costs and the value of the property as vacant land; WHEREAS, Corporate Authorities in Village of Roselle have determined that the Property has been abandoned because the record title holder is a dissolved Illinois corporation and has not responded to Village demands for repair or demolition, and there has been no activity on the Property for approximately seven years; NOW THEREFORE, be it Resolved by the Mayor and Board of Trustees in the Village of Roselle that the Village Attorney is hereby authorized to initiate legal action in conformance with Illinois State Statutes and/or the common law to secure a court order requiring remediation of all Improvements on the property or in the alternative demolition. AYES: NAYS: ABSTAIN: ABSENT: 1

5 ADOPTED this day of, Andrew J. Maglio, Mayor ATTEST: Patricia Burns, Village Clerk 2

6 AGENDA ITEM # 6.A.2 AGENDA ITEM EXECUTIVE SUMMARY Village Board Meeting November 27, 2017 Item Title: Resolution Opposing SB 1451 Staff Contact: Jeffrey D. O Dell, Village Administrator VILLAGE BOARD ACTION Adopt a Resolution urging Governor Rauner to veto Senate Bill Executive Summary: SB 1451 establishes the Small Wireless Facilities Deployment Act and severely limits municipal authority to regulate, site, or charge permit fees for wireless facilities. While local governments fully support the goals of providing reliable cellular coverage throughout their communities, this bill would impose artificially lower fees for both the review of permit applications and the use of municipal equipment forcing taxpayers to unfairly shoulder the burden for these costs. Over the last several months, the DuPage Mayors and Managers Conference (DMMC) has participated in working groups of legislators and industry representatives in an effort to mitigate the negative impacts this bill will have on local governments and their taxpayers. Unfortunately, these efforts stopped short of ensuring reasonable regulations for the deployment of wireless technology while also preserving the rights of the municipality, property owners, and citizens of Roselle. Earlier in November, the bill eventually passed in both chambers of the Illinois General Assembly. Senate President John Cullerton has filed a motion to reconsider the vote putting a procedural hold on the bill in an effort to address concerns raised by the cable industry. The DMMC is asking its members to adopt resolutions urging Governor Rauner to veto SB A similar effort is being made with other councils of governments that have also opposed the bill. Implications: Is this item budgeted? N/A Any other implications to be considered? N/A Attachments: Resolution 1

7 RESOLUTION NO. A RESOLUTION URGING THE GOVERNOR TO VETO SENATE BILL 1451 WHEREAS, the Village of Roselle supports the goal of ensuring reliable wireless services in our communities and the advancement of technology in the telecommunications industry; and WHEREAS, Senate Bill ( SB ) 1451 establishes the Small Wireless Facilities Deployment Act and severely limits municipal authority to regulate, site, or charge permit fees for wireless facilities; and WHEREAS, SB 1451 permits a private business entity to use public right-of-way at a rate far below market value, distorting the private market for small wireless facilities; and WHEREAS, SB 1451 permits wireless providers, and third parties who act as agents or contractors for wireless providers, to locate telecommunications equipment with an antenna as large as six (6) cubic feet in size, and associated equipment up to twenty-five (25) cubic feet in size, on existing or new utility poles subject to minimal zoning regulations by the municipality; and WHEREAS, SB 1451 creates an automatic approval timeline, which is one-sided and detrimental to the public, presuming that municipalities are negligent and providers not when a permit is incomplete or inadequate; and WHEREAS, state legislators amended SB 1451 to exempt the City of Chicago in an effort to pass the legislation; and WHEREAS, many municipalities have already enacted ordinances, or are in the process of updating their codes to address small wireless facilities, or are developing right-of-way use agreements with the industry, indicating that municipalities are making a significant effort to develop reasonable standards for the deployment of wireless facilities; and WHEREAS, Illinois municipalities are diverse and each one must be given the opportunity to develop reasonable regulations that will protect their specific needs; NOW, THEREFORE, BE IT RESOLVED that the Village of Roselle opposes SB 1451 as passed by the Illinois General Assembly and urges the Governor to veto the legislation. BE IT FURTHER RESOLVED that the Village of Roselle is committed to developing reasonable regulations for the deployment of wireless technology and is eager to work with stakeholders to develop regulations that ensure reliable wireless services while also preserving the rights of the municipality, property owners, and citizens.

8 AYES: NAYS: ABSTAIN: ABSENT: ADOPTED this day of, ATTEST: Andrew J. Maglio, Mayor Patricia Burns, Village Clerk (SEAL)

9 THE MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES VILLAGE OF ROSELLE NOVEMBER 13, 2017 Meeting Held at Roselle Village Hall Council Chambers 31 S. Prospect Roselle, IL CALL TO ORDER The meeting of the Board of Trustees of the Village of Roselle was called to order at 7:00 p.m. by Mayor Maglio. 2. PLEDGE OF ALLEGIANCE Led by Scout Pack ROLL CALL: Upon Roll Call the following answered: Mayor Maglio, Trustees Berkshire, Devitt, Domke, Pileski, Pransky and Trejo. DRAFT Interim Public Works Director Victor Ramirez, and Village Clerk Patty Burns. OTHERS PRESENT: Village Administrator Jeff O Dell, Assistant Village Administrator Jason Bielawski, Village Attorney Jim Knippen, Community Development Director Patrick Watkins, Fire Chief Dan Anderson, Deputy Fire Chief Mark Bozik, Police Chief Steve Herron, Deputy Police Chief Roman Tarchala, 4. PRESENTATION OF PREPARED AGENDA Motion by Trustee Devitt, second by Trustee Trejo, to Approve the Prepared Agenda as presented. Upon voice vote: MOTION CARRIED. 5. CITIZEN COMMENTS/QUESTIONS - None 6. OFFICIALS AND STAFF REPORTS 6A. MAYOR No Report 6B. VILLAGE TRUSTEES No Report 6C. VILLAGE CLERK Celebrate the Season and Cocoa Crawl update 6D. VILLAGE ADMINISTRATOR No Report 6E. VILLAGE ATTORNEY No Report 6F. CHAMBER of COMMERCE LIAISON The Chamber Holiday Party is December 1, 2017 at Bloomingdale Golf Club.

10 Minutes of the Meeting of the Board of Trustees of the Village of Roselle Monday, November 13, 2017 Page 2 of 6 6G. TREASURER S REPORT No Report 7. CONSENT AGENDA A. PRESENTATION OF VILLAGE BOARD MINUTES OF OCTOBER 23, B. PRESENTATION OF COMMITTEE OF THE WHOLE MINUTES OF OCTOBER 23, C. PRESENTATION OF COMMITTEE OF THE WHOLE MINUTES OF NOVEMBER 6, D. PASS ORDINANCE AMENDING THE CODE OF ORDINANCES, VILLAGE OF ROSELLE ILLINOIS, LIMITATION ON THE NUMBER OF LICENSES COVERING THE SALE OF ALCOHOLIC LIQUORS IN THE VILLAGE OF ROSELLE TO INCREASE THE NUMBER OF CLASS E LICENSES FROM 1 TO 2 FOR THE ADDITION OF POLLYANNA BREWING CO. ROSELARE. DRAFT E. PASS ORDINANCE AMENDING THE CODE OF ORDINANCES, VILLAGE OF ROSELLE ILLINOIS, LIMITATION ON THE NUMBER OF LICENSES COVERING THE SALE OF ALCOHOLIC LIQUORS IN THE VILLAGE OF ROSELLE TO INCREASE THE NUMBER OF CLASS F LICENSES FROM 8 TO 12 FOR THE ADDITIONAL OF LAKE STREET PUB, SAMMY S MEXICAN GRILL, ITALIAN PIZZA KITCHEN AND ROSARIO S PIZZERIA. F. PASS ORDINANCE AMENDING THE CODE OF ORDINANCES, VILLAGE OF ROSELLE ILLINOIS, LIMITATION ON THE NUMBER OF LICENSES COVERING THE SALE OF ALCOHOLIC LIQUORS IN THE VILLAGE OF ROSELLE TO INCREASE THE NUMBER OF CLASS I LICENSES FROM 4 TO 6 FOR THE ADDITION OF DOTTY S CAFÉ AND COOL MIRCHI. G. APPROVE THE PURCHASE OF ONE ASPHALT ROLLER COMPACTOR FROM RENTAL MAX IN THE AMOUNT OF $13, H. ADOPT RESOLUTION AUTHORIZING THE VILLAGE ADMINISTRATOR TO SIGN THE LETTER OF INTENT TO AWARD TO JJ HENDERSON AND SON, INC. A CONTRACT FOR THE BOTTERMAN WASTEWATER TREATMENT PLANT STP AEROBIC DIGESTERS AND BELT FILTER PRESS UPGRADE PROJECT.

11 Minutes of the Meeting of the Board of Trustees of the Village of Roselle Monday, November 13, 2017 Page 3 of 6 I. ADOPT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A THREE YEAR AGREEMENT FOR SNOW AND ICE REMOVAL SERVICES BETWEEN THE VILLAGE OF ROSELLE AND THE A.L.M. GROUP. J. ADOPT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A ONE YEAR AGREEMENT FOR SNOW AND ICE REMOVAL SERVICES BETEEN THE VILLAGE OF ROSELLE AND THE JANKE CONSTRUCTION COMPANY Motion by Trustee Devitt, second by Trustee Trejo, to Approve the Consent Agenda. ROLL CALL: AYES: Devitt, Trejo, Domke, Pileski, Berkshire, Pransky NAYS: None ABSENT: None MOTION CARRIED. 8. REGULAR AGENDA DRAFT 9. COMMUNITY DEVELOPMENT Trustee Lee Trejo 9A. PUBLIC HEARING FOR THE ANNEXATION OF 529 LINCOLN STREET, ROSELLE. Motion by Trustee Trejo, second by Trustee Domke, to Open a Public Hearing for the Annexation of 529 Lincoln Street at 7:08 pm. ROLL CALL: AYES: Trejo, Domke, Pileski, Devitt, Pransky, Berkshire NAYS: None ABSENT: None MOTION CARRIED. The public hearing notice was published in the Daily Herald on October 29, 2017 for the annexation of 529 Lincoln Street. The septic system is in complete failure and the owner has requested to annex the property to the Village in order to connect to Village utilities. A sidewalk has already been installed on the property, so the owner will only need to pay for recaptures and fees associated with connecting to utilities. There were no comments or questions from the Public or Village Board. There were no questions from the Public or Village Board. Trustee Trejo recommended approval of the annexation. Second by Trustee Devitt. Motion by Trustee Trejo, second by Trustee Devitt, to Close the Public Hearing at 7:10 pm. Upon voice vote: MOTION CARRIED.

12 Minutes of the Meeting of the Board of Trustees of the Village of Roselle Monday, November 13, 2017 Page 4 of 6 9B. PASS ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT FOR 529 LINCOLN STREET. Motion by Trustee Trejo, second by Trustee Devitt, to Approve Item 9B. ROLL CALL: AYES: Trejo, Devitt, Pransky, Berkshire, Domke, Pileski NAYS: None ABSENT: None MOTION CARRIED. 9C. PASS ORDINANCE ANNEXING TERRITORY TO THE VILLAGE OF ROSELLE, DUPAGE AND COOK COUNTIES, ILLINOIS AND ESTABLISHING R-2A SINGLE FAMILY RESIDENCE DISTRICT ZONING AND AMENDING THE ZONING MAP FOR 529 LINCOLN STREET. Motion by Trustee Trejo, second by Trustee Devitt, to Approve Item 9C. ROLL CALL: AYES: Trejo, Devitt, Berkshire, Domke, Pileski, Pransky NAYS: None ABSENT: None MOTION CARRIED DRAFT for the Annexation of 22W360 Crest Avenue, Medinah at 7:11 pm. 9D. PUBLIC HEARING FOR THE PRE-ANNEXATION OF 22W360 CREST AVENUE, MEDINAH. Motion by Trustee Trejo, second by Trustee Devitt, to Open a Public Hearing ROLL CALL: AYES: Trejo, Devitt, Domke, Pileski, Pransky, Berkshire NAYS: None ABSENT: None MOTION CARRIED. The public hearing was published in the Daily Herald on October 29, 2017 for the annexation of 22W360 Crest Avenue, Medinah. The owner is in the process of obtaining a permit for a new single-family residence for 22W360 Crest Avenue from DuPage County and would like the Village s water instead of using a well on the property. Therefore, in order to finalize his building permit with the County, he must submit documentation (the pre-annexation agreement) that shows that the Village will allow him to tap-on to the Village water system. The pre-annexation agreement allows the owner six (6) months to connect to Village water. There were no comments or questions from the Public or Village Board. There were no questions from the Public or Village Board. Trustee Trejo recommended approval of the annexation. Second by Trustee Devitt. Motion by Trustee Trejo, second by Trustee Devitt, to Close the Public Hearing at 7:12 pm. Upon voice vote: MOTION CARRIED.

13 Minutes of the Meeting of the Board of Trustees of the Village of Roselle Monday, November 13, 2017 Page 5 of 6 9E. PASS ORDINANCE AUTHORIZING EXECUTION OF A PRE- ANNEXATION AGREEMENT FOR 22W360 CREST AVENUE, MEDINAH. Motion by Trustee Trejo, second by Trustee Devitt, to Approve Item 9E. ROLL CALL: AYES: Trejo, Devitt, Pransky, Berkshire, Domke, Pileski NAYS: None ABSENT: None MOTION CARRIED. 10. ADMINISTRATION Trustee Heather Pransky No Report 11. FIRE Trustee Patrick Devitt No Report 12. POLICE Trustee Bruce Berkshire No Report DRAFT 14. FINANCE Trustee David Pileski 13. PUBLIC WORKS Trustee Wayne Domke No Report 14A. ACCOUNTS PAYABLE Motion by Trustee Pileski, second by Trustee Domke, to Approve the Accounts Payable List for November 13, 2017 in the amount of $1,360, in order that the amounts approved by the Board of Trustees agree with the amounts posted in the General Ledger. ROLL CALL: AYES: Pileski, Domke, Trejo, Devitt, Pransky, Berkshire NAYS: None ABSENT: None MOTION CARRIED. 15. CITIZEN COMMENTS - None 16. EXECUTIVE SESSION Motion by Trustee Trejo, second by Trustee Devitt, to go into an Executive Session at 7:14 p.m. pursuant to the requirements of the Illinois Open Meetings Act under Exemptions 5 ILCS 120/2 (c) to discuss 21 Executive Session Minutes, 5 Real Property, 12 Risk Management, 11 Probable Litigation, and 3 Collective Bargaining and Personnel. ROLL CALL: AYES: Trejo, Devitt, Pransky, Berkshire, Domke, Pileski NAYS: None ABSENT: None MOTION CARRIED.

14 Minutes of the Meeting of the Board of Trustees of the Village of Roselle Monday, November 13, 2017 Page 6 of 6 ADJOURN EXECUTIVE SESSION Motion by Trustee Pileski, second by Trustee Devitt, to Adjourn the Executive Session at 7:35 p.m. Upon Voice Vote: MOTION CARRIED. 17. OTHER BUSINESS - None 18. ADJOURN VILLAGE BOARD MEETING Motion by Trustee Devitt, second by Trustee Berkshire, to Adjourn the Village Board Meeting at 7:37 p.m. Upon voice vote: MOTION CARRIED. Submitted on this 27 th day of November, DRAFT Patty Burns, Village Clerk

15 COMMITTEE OF THE WHOLE NOVEMBER 13, 2017 Meeting Held at Roselle Village Hall Council Chambers 31 S. Prospect Roselle, IL :45 P.M. Chaired by Mayor Maglio PRESENT: Mayor Maglio, Trustees Berkshire, Devitt, Domke, Pileski, Pransky and Trejo. OTHERS PRESENT: Jeff O Dell, Jason Bielawski, Jim Knippen, Steve Herron, Roman Tarchala, Dan Anderson, Mark Bozik, Pat Watkins, Victor Ramirez, and Patty Burns. 2. APPROVE PREPARED AGENDA Motion by Trustee Devitt, second by Trustee Trejo, to Approve the Agenda as Presented. Upon voice vote: MOTION CARRIED. 3. CITIZEN DRAFT COMMENTS/QUESTIONS None 4. PUBLIC SAFETY EMPLOYEE BENEFITS ACT (PSEBA) ADMINISTRATIVE PROCEDURES ORDINANCE The Public Safety Employee Benefit Act (PSEBA) was enacted into state law in 1997 requiring public employers to provide health insurance benefits to any full-time law enforcement or firefighter who suffers a catastrophic injury or is killed in the line of duty. The employer is required to pay the entire premium of the employer s health insurance plan for the employee, the employee s spouse, and for each dependent child under the age of 25. In order to be eligible for PSEBA benefits, the employee must have suffered the catastrophic injury or is killed in the line of duty as a result of the police officer s response to fresh pursuit, the officer s or firefighter s response to what is reasonably believed to be an emergency, an unlawful act perpetrated by another, or during the investigation of a criminal act. Because the PSEBA statute doesn t provide a procedure to determine benefit eligibility, municipalities have been adopting ordinances establishing an administrative process to determine eligibility. A recent Appellate Court decision upheld a non-home rule municipality s ordinance establishing an orderly and uniform process for determining PSEBA eligibility. An ordinance titled Establishing an Administrative Procedure for Assessing and Determining Claims under the Public Safety Employee Benefits Act, was drafted by the Village s attorney and is consistent with ordinances that other municipalities are adopting following the Appellate Court decision. The intent of the ordinance is to conduct a process and hearing to consider applications for benefits under PSEBA. The process includes: a sworn application from the applicant detailing relevant information as to the eligibility for benefits such as,

16 Committee of the Whole November 13, 2017 Page 2 of 4 listing spouse, children/dependents, and other facts supporting the place and nature of the injury as well as a medical record release. The Village Administrator will review the application to make a determination to: 1) Award PSEBA benefits; 2) Deny PSEBA benefits; or 3) Request a hearing to determine PSEBA eligibility. If a hearing is required, the Mayor with consent of the Village Board will appoint a licensed attorney to serve as the hearing officer to conduct an administrative hearing. If an applicant is denied PSEBA benefits he/she can appeal the decision to a hearing officer as well. The determination by the hearing officer will be deemed final and would only be subject to judicial review by appeal to the Circuit Court by the applicant or the Village. Finally, the ordinance requires from anyone who receives PSEBA benefits an annual affidavit attesting to their ongoing eligibility for the benefits they are receiving. Staff directed to proceed as required. 5. FY 2018 PROPOSED BUDGET PRESENTATION Fire and Police Pension Funds Fire Pension is 71.5% funded and Police Pension DRAFT is 60.2% funded. Both funds must be fully funded by The Fire Pension Fund is being switched over to a professional investment group for management, the same group used for the Police Pension Fund. Elected Officials Initiative Videotaping and Streaming of Village Board meetings $8, Requested by Trustee David Pileski and Trustee Wayne Domke. The Roselle Community survey suggested that 49% of those that responded would consider watching a Village Board meeting from their home. A survey of other communities shows that many communities videotape and live stream their meetings. This initiative would reduce paper use, be more efficient, provide opportunities for those residents that are unable to attend for any reason, increase transparency and provide a safeguard for the Board members. Trustee Berkshire feels that this is a waste of taxpayer money. He does not see the value in this or the importance. No one attends the Village meetings, so why would they watch them on TV. He is not in favor of this. Trustee Devitt agrees with Trustee Berkshire. Only 3% of the Roselle residents took the Community Survey, and half of that group said they might be interested in having the meetings videotaped. If the population is not interested in taking the survey, they are unlikely to watch the taped meetings. Trustee Domke is in favor of this initiative, and stated that this will provide another tool for transparency. Trustee Trejo feels this initiative is unnecessary. Trustee Pransky in not in favor. This item will not be included in the budget.

17 Committee of the Whole November 13, 2017 Page 3 of 4 Wireless Access Points Metra Train Station $ Requested by Trustee Wayne Domke. This request will purchase wireless access points inside the Metra Train Station to provide free wifi to commuters. Trustee Domke suggested that this request be looked at as a marketing approach for Roselle. He has spoken to many commuters who have mentioned their frustration at not being able to have wifi while waiting for their train. Trustee Devitt stated that he has concerns about young people loitering in the train station area once they realize there is free wifi. He also feels that for the short time that commuters wait for their trains, the Village should not be incurring this type of ongoing expense. Trustee Trejo agrees with Trustee Devitt. He sees a better potential for this type of service on Main Street, for shoppers. Trustee Pileski stated that the next generation, as well as millennials, expect wifi wherever they travel. Trustee Berkshire added that for the many years that he commuted, he never used his computer. He feels this expense has no value and he does not support this. Trustee DRAFT Pransky does not support this recommendation. This item will not be included in the budget. Revised Programs and Services Marketing and Banners $5, funding for Economic Development Initiatives and marketing efforts including Business retention and recruitment efforts, as well as replacing existing banners with the downtown area. Approved. Expand Roselle EMA Program $10, Cover increased EMA operations costs, EOC updates and supplies. By Statute, Roselle EMA is responsible for the emergency management functions of the Village in the event of a major incident or disaster. By Village ordinance, the Fire Chief serves as the EMA coordinator. Roselle EMA currently has 1-2 active volunteers that assist the fire department and police department such as events as July 3 rd fireworks, Taste of Roselle, Rose Fest etc. This request is to ensure that all statutory requirements are met or exceeded and increase the number of EMA volunteers and to utilize them in more roles that in the end would provide better services to our citizens. Approved. Various Software $40, Staff has identified several opportunities to leverage technology to improve Village services and work processes across departments. This includes an Emergency Notification System, Parking Ticket Software and GIS Integration. Approved. Realigning Staffing Resources $125, Three personnel requests justifying the need to adjust the authorized strength of employees in the organization.

18 Committee of the Whole November 13, 2017 Page 4 of 4 These requests are proposed to better meet the provision of municipal services to the community. Approved. Strategic Plan Consulting and Facilitator Services $7, Requested by Trustee Berkshire and Trustee Devitt. The last year of the Village Board s current Strategic Plan is With two new Trustees and a new Mayor, it is recommended to utilize a professional consultant to facilitate meetings and assist the Board and staff with the strategic planning process. This would start in the Spring of Approved. Chamber of Commerce request presented by Trustee Devitt. The Chamber is requesting an additional $2,500 for parade expenses. The Chamber currently receives $10,000 towards the Parade from the Village. Trustee Devitt was asked to find out what specifically the money will be used for the Board would like an itemized list of what the $10, is used for and what the $2, will be used for. More information requested. 6. CITIZEN COMMENTS/QUESTIONS - None 7. OTHER BUSINESS - None DRAFT 8. EXECUTIVE SESSION - None 9. MOTION TO ADJOURN COMMITTEE OF THE WHOLE MEETING. Motion by Trustee Devitt second by Trustee Trejo to Adjourn Committee of the Whole at 9:10 p.m. Upon Voice Vote: MOTION CARRIED.

19 AGENDA ITEM # 7C AGENDA ITEM EXECUTIVE SUMMARY Village Board Meeting November 27, 2017 Item Title: Staff Contact: Public Safety Employee Benefits Act (PSEBA) Administrative Procedure Ordinance Jason M. Bielawski, Assistant Village Administrator VILLAGE BOARD ACTION Pass an ordinance amending Village Code, Chapter 2 Administration by the addition of Article 15, Sections thru to be entitled Administrative Procedure for Assessing and Determining Claims under the Public Safety Employee Benefits Act. Executive Summary: The Public Safety Employee Benefit Act (PSEBA) was enacted into state law in 1997 requiring public employers to provide health insurance benefits to any full-time law enforcement or firefighter who suffers a catastrophic injury or is killed in the line of duty. The employer is required to pay the entire premium of the employer s health insurance plan for the employee, the employee s spouse, and for each dependent child under the age of 25. Because the PSEBA statute doesn t provide a procedure to determine benefit eligibility, municipalities have been adopting ordinances establishing an administrative process to determine eligibility. A recent Appellate Court decision upheld a non-home rule municipality s ordinance establishing an orderly and uniform process for determining PSEBA eligibility. The attached ordinance establishes a process and hearing to consider applications for benefits under PSEBA. The process starts with a sworn application from the applicant detailing relevant information as to the eligibility for benefits. Once a completed application is submitted, the Village Administrator will review the application to determine to: 1) Award PSEBA benefits; 2) Deny PSEBA benefits; or 3) Request a hearing to determine PSEBA eligibility. If a hearing is required, a hearing officer will conduct an administrative hearing. If an applicant is denied PSEBA benefits he/she can appeal the decision to a hearing officer as well. The determination by the hearing officer will be deemed final and would only be subject to judicial review by appeal to the Circuit Court. Finally, the ordinance requires from anyone who receives PSEBA 1

20 benefits an annual affidavit attesting to their ongoing eligibility for the benefits they are receiving. Implications: Is this item budgeted? PSEBA benefits. Currently the Village doesn t have any employees receiving Any other implications to be considered? Attachments: Ordinance Establishing an Administrative Procedure for Assessing and Determining Claims under the Public Safety Employee Benefits Act 2

21 ORDINANCE NO ORDINANCE AMENDING VILLAGE CODE, CHAPTER 2 ADMINISTRATION BY THE ADDITION OF ARTICLE 15, SECTIONS THROUGH TO BE ENTITLED ADMINISTRATIVE PROCEDURE FOR ASSESSING AND DETERMINING CLAIMS UNDER THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT WHEREAS, the Village of Roselle is an Illinois Municipal Corporation; and WHEREAS, the Public Safety Employee Benefits Act ( PSEBA ) or Act was enacted in 1997 to provide for taxpayer payment of health insurance benefits, when a full-time law enforcement officer, correctional or correctional probation officer, or firefighter suffers a catastrophic injury or is killed in the line of duty. (820 ILCS 320/10 (a)); and WHEREAS, the Village, pursuant to Englum v. The City of Charleston, 2017 Ill. App. 4 th (2017), has authority to establish an administrative procedure for determining claims for benefits under the Act; and NOW THEREFORE BE IT ORDAINED, by the Mayor and Board of Trustees, of the Village of Roselle that: Chapter 2, Administration of the Roselle Village Code, is hereby amended by reopening Article XV, to be entitled Administrative Procedures for Assessing and Determining Claims under the Public Safety Employee Benefits Act, and inserting new Sections through 2-288, which shall read as follows: SECTION 1: Section Title. This Ordinance shall be titled: ADMINISTRATIVE PROCEDURE TO DETERMINE ELIGIBILITY UNDER THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT. Section Purpose. The purpose of this ordinance is to provide a fair and efficient method of determining the eligibility of full-time Roselle police officers and firefighters to the benefits enumerated under the Public Safety Employee Benefits Act ( PSEBA ). All benefits shall be consistent with PSEBA, and shall be no less than, nor greater than provided by the Act. Section Not a Contract. The administrative procedure provided in these sections is not a contract that bestows a benefit or entitlement on any particular individual and may be amended by the Village at any time.

22 Section Definitions. Basic Level Insurance. Basic level insurance shall mean the lowest-cost plan available to the Village. Catastrophic Injury. Catastrophic Injury shall have the meaning established by the Illinois courts or legislation: whichever is more restrictive.. Dependent Child and Dependent for Support. Dependent child and Dependent for Support shall both be defined as a Dependent Child according to the Village s Health Insurance Plan. Emergency. Emergency shall mean a serious unexpected and dangerous situation occurring in the line of duty requiring immediate action, but excluding, training exercises, seminars, or continuing education related in any manner to being a police officer or fire fighter. Fire Fighter. Fire fighter shall mean a full-time fire fighter employed by the Village of Roselle on duty at the time of his/her catastrophic injury. Police Officer. Police officer shall mean a full-time law enforcement officer of the Village of Roselle on duty at the time of his/ her catastrophic injury. Reasonably Believed. Reasonably believed shall mean a standard based on the objective belief of a reasonable, police officer or fire fighter, and not on the subjective belief of any individual police officer or fire fighter. Spouse. Spouse of the injured Firefighter or Police Officer shall be defined by the Village s Health Insurance Plan. Village Administrator or Administrator. Village Administrator or Administrator shall mean the Village Administrator or his designee. Section PSEBA Initial Qualification. Any full-time firefighter or police officer who, after November 14, 1997, suffers a catastrophic injury or is killed in the line of duty, may apply for health insurance benefits under PSEBA in strict conformance with the standards set forth below. The same benefits may be extended to a spouse and eligible dependent children (hereinafter applicant s beneficiaries ), provided that all terms and conditions as established in PSEBA are fully satisfied. Section Application Procedure. 2

23 A PSEBA application shall be filed by a PSEBA applicant no later than thirty (30) days from the date a permanent duty-related disability pension claim is awarded. The Administrator shall provide the applicant with a copy of this ordinance at the time the PSEBA application is provided. A. The application shall include the name of the employee, the full name of the applicant s spouse, date of marriage, with marriage license attached, birth certificates for all dependent children, and any and all other documents establishing that the child is dependent as set forth in PSEBA, the date of hire, detailed information regarding the incident (including date, time, place and nature of injury, and any other factual circumstances surrounding the incident giving rise to said claim, witnesses to the incident, witnesses the applicant may call at a PSEBA hearing, information and supporting documentation filed with the Pension Board by the applicant and all identified exhibits in the Pension Board application, any and all rulings or determinations by the Pension Board, any and all documents supporting the PSEBA eligibility requirements and the names and addresses of the employee s medical providers. Medical records shall be obtained by the Village. Failure to file a fully complete application, along with submittal of all supporting documents, shall result in a forfeiture of the benefits under PSEBA. B. Medical Release Required. A signed PSEBA Medical Authorization Release authorizing the collection of medical information by the Village related to the incident, including, but not limited to, disability pension proceedings, workmen s compensation records and medical records. The release shall be submitted with the PSEBA application. The PSEBA Medical Authorization Release shall specify the name, address, and phone information for pertinent health care providers and hospitals, along with the employee s signature and a witness s signature. The release shall comply with HIPAA standards. Medical records shall be considered supporting documents as required above. The Village Administrator s Office shall provide the release. C. Additional Information. The Administrator shall, at any time, have the authority to modify the PSEBA application, or seek additional information from an applicant, to better enable the Village to ascertain the applicant s qualifications. 3

24 D. No Review Until Complete Application Filed. An initial review of the PSEBA application will not occur until all of the information, including the supporting documents, are submitted to the Village s Administrator. E. Sworn Application. Any application for PSEBA benefits shall be sworn to by the applicant and notarized. All Supporting Documents filed for PSEBA qualification shall be verified under oath by the applicant and notarized. Section Application Review by Village Administrator Upon receipt of a fully completed application for PSEBA benefits timely filed, the Administrator shall review the application and supporting documents and make an initial determination as to whether or not an administrative hearing is required. A. Additional Information. The Administrator may require other information necessary to make a determination as to whether or not an administrative hearing is required, including, but not limited to, health insurance benefits the employee is currently receiving or is eligible to receive; or, any other health insurance benefits family members are otherwise entitled to. The applicant has an on-going obligation to update insurance information provided and failure to do so may result in the denial of benefits and/or reimbursement for duplication coverage. If duplication coverage has been received by a PSEBA beneficiary, further PSEBA benefits will be denied until the Village has been fully reimbursed by the PSEBA beneficiary for what it would have been credited if it had known about other coverage. B. PSEBA Approval. If the Administrator determines that all PSEBA requirements have been satisfied, he may grant the PSEBA benefits. The applicant will be notified and required to contact the Administrator within thirty (30) calendar days for benefit explanation and processing. C. PSEBA Denial. If the Administrator denies the benefit based on the preliminary record, the applicant will receive notice of such denial and the applicant shall have the right, to request in writing, an administrative hearing which shall be served on the Administrator not later than thirty (30) calendar days after being served with a written notice of denial. 4

25 D. Request PSEBA Hearing. If the applicant, upon receiving written notice of denial, fails to request an administrative Administrator to discuss other potential health insurance options. Failure to request an administrative hearing when thirty (30) days after being served with a written notice of denial of the PSEBA benefits by the Administrator, shall result in a forfeiture of those benefits under PSEBA. E. Setting Initial Date. If the applicant requests an administrative hearing, the Mayor will appoint an Administrative Hearing Officer within 30 days of the request. The Administrative Hearing Officer shall set the first date of the administrative hearing within thirty (30) calendar days of being appointed. Section Administrative Hearing Officer/Hearing. A. Appointment of Hearing Officer. The Mayor with the advice and consent of the Village Board is hereby authorized to appoint a person to hold the position of hearing officer for any hearing that is scheduled by the Village for PSEBA benefits. In making this selection, the Mayor shall consider all of the pertinent information, including at a minimum: i. The candidate s ability to completely perform the services; ii. iii. The candidate s background, service and performance data made available on file with the Village or otherwise obtained by the Village; The candidate shall be an attorney licensed to practice law in the state of Illinois for at least three years prior to appointment and have knowledge of and experience in employment and labor law, general civil procedure, the rules of evidence and administrative practice. B. Powers of the Hearing Officer. The hearing officer shall have all the powers granted under common law relative to the conduct of an administrative hearing, including the power to: i. Preside over PSEBA hearing(s); 5

26 ii. iii. iv. Administer oaths; Hear testimony under oath or affirmation and accept evidence that is relevant to the issue of eligibility; Issue subpoenas to secure attendance of witnesses in the production of relevant papers or documents upon request of the parties or their representative; v. Rule upon objections and the admissibility of evidence and other motions; vi. vii. Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; Issue written factual findings and decision based on the evidence presented at the hearing, the law and after entertaining arguments either oral or written, in the discretion of the hearing officer. C. The Administrative Hearing Officer shall also conduct hearings for fire chiefs and police chiefs, who are not subject to the jurisdiction of the fire or police pension boards when a chief s PSEBA application is denied by the Village Administrator. In such case a chief shall make application for a PSEBA hearing in conformance with Section of this ordinance. The Administrative Hearing Officer shall make a determination of whether a chief sustained a Catastrophic injury, under one or more of the circumstances set forth in 820 ILCS 320/10(b), following the same law and factual inquires as would be followed if the chief was subject to the jurisdiction of a fire or police pension board. All provisions of this ordinance shall be followed by the Administrative Hearing Officer in this type of hearing. Section Administrative Hearing. A. The administrative hearing shall be held to adjudicate and determine whether the applicant is eligible for PSEBA benefits consistent with the Act and as follows: i. Time and Date. Hearing shall be held on the date, time and place established by the hearing officer with appropriate notice served upon the applicant; 6

27 ii. iii. iv. The applicants shall ensure that all hearings shall be attended by a certified court reporter and transcripts of all hearings shall be made by a certified court reporter and a copy provided to the Village at the applicant s expense within fourteen (14) days of the PSEBA hearing. If the applicant establishes, by a final non-appealable order, that he or she is qualified for PSEBA, the Village shall reimburse the applicant for the court reporter and transcript costs; Procedures. The Village and the applicant shall be entitled to representation by counsel at said hearing and may present witnesses, testimony and documents, crossexam witnesses, request the issuance of subpoenas to compel appearances of witnesses and the production of relevant documents. Each party shall bear its own costs of counsel and witnesses. Evidence. The Illinois Rules of Evidence shall apply to the extent practicable unless the hearing officer determines that application of a rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of their affairs. Such determination shall be in the sole discretion of the hearing officer, but the hearing officer shall state on the record the reason for that determination. v. Burden of Proof. The applicant shall have the burden of proceeding and the burden of proof to establish all of the elements required to establish that the applicant is qualified to receive PSEBA benefits. vi. Finality. The determination of the applicant s eligibility for PSEBA benefits shall constitute a final administrative determination for purposes of judicial review. vii. Section Review. Administrative Records. All records pertaining to the administrative process will be held in a separate file in the employee s name in the Village s Finance Department. 7

28 The Administrative Hearing Officer s determination shall be subject to judicial review by the applicant or the Village. Section Health Insurance Benefits. The basic level insurance plan of the Village shall be its lowest cost policy. An applicant may choose to enroll in any other health insurance plan offered by the Village different from the basic level insurance plan, but shall pay the difference in insurance premium between the Village s basic plan and the other plan. Failure of the PSEBA beneficiary to timely pay the premium s non-basic level coverage shall result in cancellation of the health insurance. Open Enrollment. Individuals receiving benefits under PSEBA shall complete a PSEBA extension application provided by the Village Administrator no later than thirty (30) days prior to the end date of the Village s open enrollment period. Section Other Health Insurance Benefits. A. Other Benefits. Health insurance benefits payable from any other source will reduce the benefits payable from the Village. Each applicant shall sign an affidavit attesting to the fact that he or she is not eligible for insurance benefits from any other source, unless there is another source. If there is another source, the applicant shall notify the Village Administrator of that source no later than five (5) business days from that source becoming available to the applicant or the applicant s beneficiaries. B. Reimbursement. Receipt of insurance benefits from other sources without notice to the Village will require the applicant to reimburse the Village for those benefits. C. Medicare Eligibility. The applicant shall notify the Village when the applicant becomes Medicare eligible regardless of the status of the enrollment period, so the Village can assist with the transition to Medicare coverage and/or adjust health insurance benefits or PSEBA benefits accordingly. SECTION 2: article. Sections through shall remain reserved under this SECTION 3: If a court of competent jurisdiction sets aside any portion of this Ordinance as unconstitutional or unlawful, it shall not affect the validity of the remainder of the Ordinance. 8

29 SECTION 4: Any ordinance which is inconsistent with this Ordinance is repealed to the extent of such inconsistency. SECTION 5: This Ordinance shall become effective upon passage, execution by the Mayor and publication as required by law. AYES: NAYS: ABSTAIN: ABSENT: ADOPTED this day of, Andrew J. Maglio, Mayor ATTEST: Patricia Burns, Village Clerk 9

30 AGENDA ITEM # 9A/B/C AGENDA ITEM EXECUTIVE SUMMARY Village Board Meeting November 27, 2017 Item Title: Staff Contact: Annexation of 1617 Larson Lane (745 Larson Lane) Caron Bricks, Planner VILLAGE BOARD ACTION 1. Conduct a Public Hearing for the Annexation of 1617 Larson (745 Larson Lane). 2. Pass an Ordinance Authorizing Execution of an Annexation Agreement for 1617 Larson Lane (745 Larson Lane). 3. Pass an Ordinance Annexing Territory to the Village of Roselle, DuPage and Cook Counties, Illinois, and Establishing R-2 Single Family Residence District Zoning and Amending the Zoning Map for 1617 Larson Lane (745 Larson Lane). Executive Summary: Attached is a notice of a public hearing that was published in the Daily Herald on November 10, 2017 for the annexation of 1617 Larson Avenue (745 Larson Lane upon Annexation). This property is owned by Pradeep Patel. No one currently lives in the house, but he is preparing plans to tear down the existing home and construct a new single-family residence. He would like to annex to the Village in order to connect to Village water and sewer as he constructs the new house. Village sewer and water have previously been extended down Larson Lane, thus they will need to annex to the Village and pay associated tap fees and recaptures in order to connect. They have agreed to install the required public sidewalk along their frontage. The draft annexation agreement requires that the sewer, water and sidewalks be completed within one (1) year of annexation. The house is currently zoned R-4, Single Family Residential, in Cook County. Upon annexation, it will be zoned R-2, Single Family Residence District in Roselle. The lot is in compliance with the Roselle R-2 zoning district requirements. Upon annexation the street address will be 745 Larson Lane, Roselle. Implications: 1

31 Is this item budgeted? N/A Any other implications to be considered? None Attachments: Public Hearing Notice Ordinance Authorizing Execution of an Annexation Agreement Ordinance Approving Annexation and Rezoning to R-2 Aerial Photo 2

32

33 ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT FOR 1617 Larson Lane (745 Larson Lane) WHEREAS, there has been presented to the Corporate Authorities of the Village of Roselle, DuPage and Cook Counties, Illinois, a proposed Annexation Agreement (hereinafter Agreement ); between the owners of record of real estate Pradeep Patel (hereinafter Owner ); for the property located at 1617 Larson Lane (hereinafter Property ); and the Village of Roselle (hereinafter Village ) pursuant to the provisions of Section 11, Division 15.1 of the Illinois Municipal Code; and, WHEREAS, a public hearing upon the Annexation was held on November 27, 2017 by the Corporate Authorities of the Village, after proper public notice pursuant to the provisions of the statute, in such case made and provided; and, WHEREAS, the Corporate Authorities of the Village, after considering the testimony and evidence presented at said public hearing, and after making further investigation of the matters set forth in the proposed Annexation Agreement, have determined that it is in the best interest of the Village to enter into said Agreement with the Owner of record of the Property. NOW, THEREFORE BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Roselle, DuPage and Cook Counties, Illinois, as follows: SECTION 1: That the Mayor of the Village of Roselle is hereby authorized to execute and the Village Clerk is hereby directed to attest to that certain Agreement, a copy of which is attached hereto, and incorporated herein as if fully set forth in Attachment A between the Village of Roselle, a municipal corporation of DuPage and Cook Counties, Illinois, and (insert property owner name here) as the Owners of record with respect to the Property legally described as follows: THE EAST 280 FEET OF THE WEST 1120 FEET (MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF) OF THE SOUTH 148 FEET OF THE NORTH 484 FEET (MEASURED ON SAID WEST LINE) OF THE EAST ½ OF THE SOUTHEAST ¼

34 OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (PIN: ) SECTION 2: That the location of the Property is illustrated on the Plat of Annexation attached hereto as Exhibit A. SECTION 3: That if any part or portion of this ordinance is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect the remainder of this ordinance. SECTION 4: Provided further, this ordinance shall automatically become null and void without further action of the corporate authorities unless, within thirty (30) days of the passage of this ordinance, the Agreement is signed by the Owners and returned to the Village Clerk for executing and recording. Extensions to this section may be granted by the Mayor and Board of Trustees in their sole discretion following a formal written request. AYES: NAYS: ABSENT: PASSED and APPROVED this 27 th day of November, PUBLISHED in pamphlet form this 27 th day of November, ATTEST: VILLAGE OF ROSELLE Village Clerk Mayor, Village of Roselle

35 ATTACHMENT A ANNEXATION AGREEMENT (insert ordnance number here ) 167 Larson Lane (745 Larson Lane) THIS ANNEXATION AGREEMENT (hereinafter Agreement ); made and entered into this 27 th day of November 2017, between the VILLAGE OF ROSELLE, an Illinois municipal corporation located in DuPage and Cook Counties, Illinois (hereinafter Village ); and Pradeep Patel (hereinafter Owners ). WITNESSETH WHEREAS, the Owners control the real estate located at 1617 Larson Lane, Roselle (Unincorporated Schaumburg Township), Illinois, as illustrated on the Plat of Annexation, marked as Exhibit A, which is attached hereto and made a part hereof this Agreement (said real estate will hereinafter be referred to as Property ); and, WHEREAS, the Property is contiguous to the Village Corporate Limits and the Village has concluded that entering into this annexation agreement for the Property under the terms and conditions of this Agreement will enable the Village to control development of the area, permit the sound planning and development of the Village, and otherwise enhance and promote the health, safety and general welfare of the Village; and, WHEREAS, pursuant to the provisions of the Roselle Village Code and applicable provisions of the Illinois Compiled Statutes and Illinois Constitution, a proposed Petition for Annexation in substance and form of the same as this Agreement was submitted to the Mayor and Board of Trustees of the Village of Roselle, and a public hearing was held on November 27, 2017 thereon pursuant to the notices provided by ordinance and statute; and, WHEREAS, the Property is currently a single family residential lot containing a single family detached dwelling, and has a lot width not less than 80 feet wide at the building line, and contains more than 12,000 square feet in area, which is qualified to be classified as an R-2, Single Family Residence District in the Roselle Zoning Code.

36 NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the Roselle Village Code and applicable provisions of the Illinois Compiles Statutes and the Illinois Constitution. 2. PETITION TO ANNEX. The Owners have filed with the Clerk of the Village a proper petition, pursuant to the provisions of the Illinois Municipal Code (65 ILCS 5/7-1-8), conditioned on the execution of this Agreement, to annex the Property to the Village. This Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void, and of no effect unless the Property is validly zoned and classified under the Village s Zoning Ordinance as hereinafter set forth and amended. 3. REZONING. Upon annexation, the Property shall cease being zoned Cook County R-4, Single Family Residence District, and shall be zoned R-2, Single Family Residence in conformance with the Roselle Zoning Code. 4. DEVELOPMENT/CONSTRUCTION STANDARDS. Any future development of or construction on the Property shall be in full conformance with the Roselle Zoning Ordinance, Subdivision Control Ordinance, Building Code and other ordinances, codes, rules and regulations of the Village pertaining to the development of the Property to be annexed, except as may be specifically amended pursuant to the terms of this Agreement. 5. VARIATIONS IN LOCAL CODES. Unless stated in the annexation or rezoning ordinances pertaining to the Property, there shall be no specific variations from the Village s ordinances, rules and codes which have been requested or which are permitted with respect to the development / construction of the Property. The Owners may subsequently apply for specific variations from the Village s ordinances, rules and codes without amending this Agreement, provided, however, such applications shall satisfy all standards related to variations. 6. UTILITIES AND PUBLIC IMPROVEMENTS. As a condition of this Agreement, the Owners are requesting connection to and service from the following Village utilities and public improvements. The Owners understand that any connection to these Village utilities and public improvements shall be done in accordance with

37 Village engineering standards and the Village Code and such extension and all costs related thereto shall be the responsibility of the Owners and/or the Owners contractor: a. Sanitary Sewer Facilities. The Owners agree to connect to the Village sanitary sewer main within one (1) year of the date of the annexation agreement. b. Water Facilities. The Owners agree to connect to the Village water main prior within one (1) year of the date of the annexation agreement. c. Public Sidewalk. The Owner agrees to install a public sidewalk within one (1) year of annexation. If the sidewalk is not installed as required herein, the Village, by its Corporate Authorities direction, may disconnect the Water Facilities and Sanitary Sewer Facilities. In absence of such construction/installation, the Village, in its absolute and sole discretion, may void this Agreement and the annexation of the Property, and upon disconnection, the Village shall have no obligation to provide sewer or water utilities to the Property. Furthermore, the Owner understands that the construction / installation of these public improvements shall be done in accordance with the Village s engineering standards and the Village s Code of Ordinances, and such construction/installation, as well as all costs and expenses related thereto, shall be the sole and exclusive responsibility of the Owner. 7. ANNEXATION AND PERMIT FEES. The amount of annexation permit, license, inspection, tap-on, recapture or connection fees imposed by the Village, which are applicable to or required by Village Ordinances or Resolutions are to be paid by the Owners. 8. SCHAUMBURG TOWNSHIP LIBRARY DISTRICT. The Property is currently within the boundaries of, and subject to taxation by the Schaumburg Township Library District. 9. FIRE PROTECTION DISTRICT TAXES. Pursuant to the provisions of the Illinois Municipal Code (70 ILCS 705/20) or any successor statute, the Owners shall reimburse the Village in full and upon annexation for all taxes due from the Village to any fire protection district as a result of a fire protection district disconnection resulting from this annexation.

38 10. SCHAUMBURG PARK DISTRICT. The Property is currently within the boundaries of, and subject to taxation by the Schaumburg Park District. 11. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinances, codes, or regulations of the Village which may be in conflict with the provisions of this Agreement. 12. AMENDMENT OF ANNEXATION AGREEMENT. This Agreement and any exhibits attached hereto may be amended pursuant to the provisions of the Roselle Village Code, Zoning Ordinance and Illinois Municipal Code. 13. INVALIDITY. If any provision of this Agreement, or any section, sentence, clause, phrase, or word, or the application thereof in any circumstances is held invalid, the validity of the remainder of this Agreement and the application of such provisions, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. 14. TERM OF AGREEMENT. This Agreement shall be binding upon the parties hereto, their respective successors, heirs, administrators, contract purchasers, executors, grantees and assigns for a full term of twenty (20) years from the date of this Agreement. For purposes of this agreement the term Owners shall include all subsequent owners of the property. 15. RECORDING. This Agreement shall be recorded in the Office of Recorder of Deeds of the County of DuPage at the expense of the Owners. 16. APPROVAL. That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, except that this Agreement shall not be effective until the Owners of the Property affixes a signature to a true and correct copy of this Agreement, acknowledging that it has reviewed and accepts the provisions of this Agreement. 17. DEFEND AND HOLD HARMLESS. The Owners agree to defend and hold the Village harmless from any and all actions, causes of action, claims, litigation in law or chancery, attorney s fees, and costs required to defend against efforts by anyone to set aside this annexation or the terms of this Agreement. 18. NOTICES. Notices or other writings which any party is required to, or may wish to serve upon any other party in connection with this Agreement, shall be in writing

39 and shall be delivered personally or sent by certified or registered mail, return receipt requested, postage prepaid, to the other parities of this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunder set their hands and seals on the day and year first above written. OWNER VILLAGE OF ROSELLE Mayor Attest: Village Clerk Date: STATE OF ILLINOIS, County of ss I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth; and the said, as custodian of the corporate seal of said corporation, did affix the corporate seal of said corporation to said instrument, as their own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposed therein set forth. GIVEN under my hand and Notary Seal this day of, 2017 Notary Public

40 EXHIBIT A PLAT OF ANNEXATION

41 ORDINANCE NO AN ORDINANCE ANNEXING TERRITORY TO THE VILLAGE OF ROSELLE, DUPAGE AND COOK COUNTIES, ILLINOIS AND ESTABLISHING R-2 SINGLE FAMILY RESIDENCE DISTRICT ZONING AND AMENDING THE ZONING MAP 1617 Larson Lane (745 Larson Lane) WHEREAS, the real estate commonly referred to as 1617 Larson Lane, Roselle, Illinois (hereinafter Property ), is in unincorporated Cook County, Illinois and is owned by Pradeep Patel (hereinafter Owner ); and, WHEREAS, the Owner signed a written Petition for Annexation to the Village of Roselle, an Illinois municipal corporation located in DuPage and Cook Counties, Illinois (hereinafter Village ), and filed the same with the Clerk of the Village; and, WHEREAS, the Property, hereinafter legally described, is not within the corporate limits of any municipality, but is contiguous to the Village; and, WHEREAS, the Village published a Public Hearing notice in a newspaper of general circulation, and gave statutory notice of the proposed annexation of the Property to the Trustees of the Schaumburg Township Library District, Roselle Fire Protection District, and Schaumburg Township officials of: Supervisor, Clerk, Trustee(s) and Highway Commissioner; and, WHEREAS, the Mayor and Board of Trustees of the Village (hereinafter Corporate Authorities ) held a Public Hearing, November 27, 2017 on the question of annexation, have been advised of the land use on the Property and the desire to establish the Property as part of the R-2 Single-Family Residence District upon annexation by amending the zoning map, and WHEREAS, the Property is currently developed as: a detached single-family residence on a lot containing more than 12,000 square feet in area, and has a lot width of not less than 80 feet, and therefore, qualifies to be classified as part of the R-2

42 Single-Family Residence District in accordance of Appendix A of the Village s Code of Ordinances (hereinafter Zoning Ordinance ); and, WHEREAS, the Village and the Owners entered into a certain Annexation Agreement on November 27, 2017 for the Property, which the Corporate Authorities authorized via Ordinance ; and, WHEREAS, the Property upon annexation will be commonly referred to as 745 Larson Lane. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Roselle, an Illinois Municipal Corporation located in DuPage and Cook Counties, Illinois, as follows: SECTION 1: The foregoing recitals are incorporated herein as if fully set forth as substantive provisions of this Ordinance. SECTION 2: All steps, proceedings, notices, hearings, and actions necessary and proper for the purpose of annexing territory into the Village and zoning the Property have been complied with according to law. SECTION 3: That the Property is legally described as follows: THE EAST 280 FEET OF THE WEST 1120 FEET (MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF) OF THE SOUTH 148 FEET OF THE NORTH 484 FEET (MEASURED ON SAID WEST LINE) OF THE EAST ½ OF THE SOUTHEAST ¼ OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (PIN: )

43 SECTION 4: The Property is hereby annexed into, included within the boundary lines of, and shall be subject to the jurisdiction of the Village of Roselle, an Illinois municipal corporation located in DuPage and Cook Counties, Illinois. SECTION 5: The Property shall cease being zoned R-4, Single-Family Residence District, in the County of Cook, and is hereby rezoned R-2, Single-Family Residence District in conformance with the Zoning Ordinance. The Zoning Map of the Village shall be amended to reflect this zoning. SECTION 6: The Plat of Annexation, attached hereto as Exhibit One, is an accurate map of the Property and adjacent right of way, and is hereby made a part of this Ordinance by reference as if fully set forth herein. SECTION 7: Upon passage, approval, and publication of this Ordinance as required by law, the Clerk shall record this Ordinance annexing and zoning the Property, together with the Plat of Annexation certified as correct by the Clerk of the Village, in the Office of the Recorder of the County of Cook and with the Clerk of the County of Cook. All costs associated with recording shall be solely at the Owner s expense. SECTION 8: If any part or portion of this Ordinance is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect the remainder of this Ordinance. SECTION 9: All ordinances and parts of ordinances in conflict or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict or inconsistency. SECTION 10: This Ordinance shall take effect and be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law.

44 AYES: NAYS ABSENT: PASSED and APPROVED this 27 th Day of November, 2017 PUBLISHED in pamphlet form this 27 th Day of November, ATTEST: VILLAGE OF ROSELLE Village Clerk Mayor, Village of Roselle

45 1617 Larson Lane - Aerial Sunset Estates Subdivision /715 Current Unincorporated Properties Subject Property