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2017-02-06 - Village Board Committee of the Whole - Agenda Packet2. Special Business 1. Fire Department Lieutenant Promotion (Trustee Trilling) (Staff Contact: Mike Baker) 2. Local Ethics/Economic Interest Filing Ordinance (President Sussman) (Staff Contact: Dane Bragg) 3. Discuss Collector Road Options (Trustee Trilling) (Staff Contact: Darren Monico) 4. Bicycle Committee Recommendation (Trustee Trilling) (Staff Contact: Darren Monico) 5. Massage Establishment Regulation (Trustee Ottenheimer) (Staff Contact: Dane Bragg) 6. Citizen Engagement Strategies (Trustee Ottenheimer) (Staff Contact: Dane Bragg) 7. Discuss Annexation Strategies Report and Action Plan (Trustee Ottenheimer) (Staff Contact: Chris Stilling) 3. Questions From the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 4. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. 2.1 Information Item : Fire Department Lieutenant Promotion ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends presentation. Fire Lieutenant promotion and oath of office for Mark Anderson. Trustee Liaison Trilling Monday, February 6, 2017 Staff Contact Mike Baker, Fire Updated: 1/27/2017 2:34 PM Page 1 Packet Pg. 2 2.2 Information Item : Local Ethics/Economic Interest Filing Ordinance ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion of the necessity of Sections 2.48.020, Economic Disclosure Statement and 2.48.030, Conflict of Interest Disclaimer, of the Buffalo Grove Municipal Code. Changes to state law concerning the disclosure of certain conflicts and the filing of required ethics statements have made the annual filing process duplicative. The Village Board adopted Sections 2.48.020 and 2.48.030 of the Municipal Code in 1979, requiring disclosure of economic interests and potential conflicts, before state law required disclosure by public officials and employees. In 2003, the State of Illinois enacted the State Officials and Employees Ethics Act, which prohibits certain conflicts and requires disclosure of economic interested by public officials. The Village adopted the Act by incorporating its provisions into Section 2.49.010 of the Municipal Code in 2009. There are certain distinctions between the local and state filing requirements/disclosures, as shown in the attached comparison tables. Table 1 shows the requirements for who must file in accordance with 5 ILCS 420/4A-101, while Table 2 shows a comparison of statements/questions between village ordinance and state statute (5 ILCS 420/4A-102). Staff has included an opinion concerning the local requirement from William Raysa, Village Attorney, as well as his original opinion provided to the Village Board when the requirement was adopted in 1979. The policy question before the Village Board is therefore, "Does the requirement for certain public officials to file both local and state -required ethics and conflict of interest statements still meet the desired outcome, given expanded disclosure requirements enacted since the local ordinance?" ATTACHMENTS: • Comparison S4A-101 (DOCX) • Comparison S4A-102 (DOCX) • CHICAGO1-#680456-v1-Local_Ethics Filing_Opinoin (DOCX) • Ethics Filing Opinion Raysa 1979 Trustee Liaison Sussman Monday, February 6, 2017 (PDF) Staff Contact Dane Bragg, Office of the Village Manager Updated: 2/2/2017 3:11 PM Page 1 Packet Pg. 3 2.2.a VILLAGE VS. STATE - REQUIRED TO FILE S 4A-101 The Village requires all committee/board/commission appointees to file the local forms whereas the State only requires the mentioned categories of persons to file VILLAGE STATE Persons who are elected to Yes Yes office in a unit of local government and candidates for nomination or election to that office Persons appointed to the zoning Yes Yes board, or zoning board of appeals, or a municipal plan commission, and person appointed to a board or commission of a unit of local government who have authority to authorize the expenditure of public funds. Persons who are employed by a Yes Yes unit of local government and are compensated for services as employees and not as independent contractors and who: are, or function as, the head of a department, division, bureau, authority or other administrative unit within the unit of local government, or who exercise similar authority within the unit of local government. Persons who are employed by a Yes Yes unit of local government and are compensated for services as employees and not as independent contractors and who: have direct supervisory authority over, or direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the unit of local government in the amount of $1,000 or greater. Packet Pg. 4 2.2.a VILLAGE VS. STATE - REQUIRED TO FILE S 4A-101 The Village requires all committee/board/commission appointees to file the local forms whereas the State only requires the mentioned categories of persons to file Persons who are employed by a Yes Yes unit of local government and are compensated for services as employees and not as independent contractors and who: have authority to approve licenses and permits by the unit of local government; this item does not include employees who function in a ministerial capacity. Persons who are employed by a Yes Yes unit of local government and are compensated for services as employees and not as independent contractors and who: adjudicate, arbitrate, or decide and judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the unit of local government. Persons who are employed by a Yes Yes unit of local government and are compensated for services as employees and not as independent contractors and who: have authority to issue or promulgate rules and regulations within areas under the authority of the unit of local government. Persons who are employed by a Yes Yes unit of local government and are compensated for services as employees and not as independent contractors and who: have supervisory responsibility for 20 or more employees of the unit of local government. Packet Pg. 5 2.2.a VILLAGE VS. STATE - REQUIRED TO FILE S 4A-101 The Village requires all committee/board/commission appointees to file the local forms whereas the State only requires the mentioned categories of persons to file Members of the board of any Yes Yes retirement system or investment board established under the Illinois Pension Code, if not required to file under any other provision of this Section. Members of the board of any Yes Yes pension fund established under the Illinois Pension Code, if not required to file under any other provision of this Section. Packet Pg. 6 2.2.b STATEMENT OF ECONOMIC INTEREST S 4A-102 VILLAGE STATE I have no interest, nor do members of my The name, address and type of practice of any immediate family have any interest, professional organization or individual professional direct or indirect, in my or their own name or in practice in which the person making the statement the name of any other person, association, trust, was an officer, director, associate, partner or or corporation doing business with the Village in proprietor, or served in any advisory capacity, which I or they have an ownership interest from which income in excess of $1,200 exceeding 5%, in any contract of a value in excess was derived during the preceding calendar year of $500.00 or in the performance of any work of a value in excess of $500.00 for the Village of Buffalo Grove in the making or letting of which I may be called upon to act or vote and if so, shall disclose same prior to acting or voting on same I will not during my term of office (or period of The nature of professional services (other than appointment or employment) receive income for services rendered to the unit or units of services rendered from persons having an interest government in relation to which the person is in real property which such services are rendered required to file) and the nature of the entity to on behalf of a plan, project or development for which they were rendered if fees exceeding $5,000 which approval or a favorable recommendation is were received during the preceding calendar year requested of any Board, committee, from the entity for professional services rendered subcommittee, commission or Department of the by the person making the statement Village of Buffalo Grove unless same shall be disclosed prior to such approval or recommendation The identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized in the preceding calendar year (To only be completed by the President, Treasurer and members of the Board of Trustees or candidates for those offices.) I do not own stock in any bank or other financial institution authorized to accept deposits of the Village funds or, I own the following shares of stock in The name of any unit of government which has employed the person making the statement during the preceding calendar year other than the unit or units of government in relation to which the person is required to file I have read and acknowledge the requirements The name of any entity from which a gift or gifts, in 5 Illinois Compiled Statues or honorarium or honoraria, valued singly or in the 430/10-10, et seq., as amended, which is the aggregate in excess of $500, was received Illinois Gift Ban statue (a copy of which is available during the preceding calendar year d U c c O as c M m L a� c E 0 c 0 U w f!1 V s w 0 J W) 00 N 0 a c 0 w �L a E 0 U c a� E s v �o Q Packet Pg. 7 2.2.b STATEMENT OF ECONOMIC INTEREST S 4A-102 in the Village Clerk's office upon request). I understand that I must abide by its terms FOR THOSE LISTED IN S 4A-101(n) - Members of the board of any retirement system or investment board established under the Illinois Pension Code, if not required to file under any other provision of this Section The name and instrument of ownership in any entity doing business in the State of Illinois, in which an ownership interest held by the person at the date of filing is in excess of $5,000 fair market value or from which dividends of in excess of $1,200 were derived during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument need be listed Except for professional service entities, the name of any entity and any position held therein from which income of in excess of $1,200 was derived during the preceding calendar year, if the entity does business in the State of Illinois. No time or demand deposit in a financial institution, nor any debt instrument need be listed The identity of any compensated lobbyist with whom the person making the statement maintains a close economic association, including the name of the lobbyist and specifying the legislative matter or matters which are the object of the lobbying activity, and describing the general type of economic activity of the client or principal on whose behalf that person is lobbying FOR ALL OTHERS The name and instrument of ownership in any entity doing business with a unit of local government in relation to which the person is required to file if the ownership interest of the person filing is greater than $5,000 fair market value as of the date of filing or if dividends in excess of $1,200 were received from the entity during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description.) No time or demand deposit in a financial institution, nor any debt instrument need d U c c O as c ii U) a� c 0 c 0 U w f!1 s w 0 J W) 00 N O a c 0 w �L a E 0 U c a� E s v �o Q Packet Pg. 8 2.2.b STATEMENT OF ECONOMIC INTEREST S 4A-102 be listed Except for professional service entities, the name of any entity and any position held therein from which income in excess of $1,200 was derived during the preceding calendar year if the entity does business with a unit of local government in relation to which the person is required to file. No time or demand deposit in a financial institution, nor any debt instrument need be listed The name of any entity and the nature of the governmental action requested by any entity which has applied to a unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or rezoning of real estate during the preceding calendar year if the ownership interest of the Person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1,200 were received by the person filing from the entity during the preceding calendar year Other than your principal residence, do you or any members of your immediate family own any interest in real property located within the Village Do you or members of your immediate family own an interest in any business entity doing business with the Village Other than a debt to secure a mortgage upon your principal residence or business loan, are you or members of your immediate family indebted to any person or business entity doing business with the Village in an amount which exceeds the greater of $10,000 or fifty percent of your or their total yearly income as reported on the last Federal income tax return you or they filed If you or members of your immediate family have given any gifts within the last year ended May 31, of a market value in excess of $100.00 to any person or business entity doing business with the Village, list the name of the donee of each such gift, the donee's address, the market value of the gift, and the date on which it was made If you believe that you or members of your immediate family have received any gifts within the last year ended May 31, from any person or d c c O as c ii a� c 0 c 0 U w f!1 V L w 0 J Packet Pg. 9 2.2.b STATEMENT OF ECONOMIC INTEREST S 4A-102 business doing business with the Village that may be in violation of the Village's Gift Ban ordinance, Chapter 2.49 of the Village's Municipal Code, and list the name and address of the donor of each such gift, the date on which it was received and its approximate market value If you or members of your immediate family have been released from any indebtedness from any person or business entity doing business with the Village exceeding in its principal amount of $200.00 within the last year ending May 31 without repaying the total balance due on such indebtedness, list the name of the creditor providing the release, the nature and the amount of the indebtedness, and describe the circumstances surrounding the release d U c c O as c M a� c E O c O U w ch V L W t0 v O J Packet Pg. 10 2.2.c TressierILLP MEMORANDUM To: Dane Bragg, Village Manager From: William Raysa, Village Attorney Date: January 31, 2017 Re: Section 2.48.020, Economic Disclosure Statement and Section 2.48.030, Conflict of Interest Disclaimer of the Buffalo Grove Municipal Code HISTORY At a Village Board meeting on December 18, 1978 Trustee Marienthal presented a draft of an ordinance that required the filing with the Village Clerk of an Economic Disclosure Statement and a Conflict of Interest Disclaimer. At the Board meeting several changes were suggested to the draft ordinance. In addition, the Village Board directed that the Village Attorney, William Raysa, review and comment on the draft ordinance. The matter was continued for further input and comments to the Village Board meeting of January 8, 1979. Pursuant to the Village Board direction, a January 8, 1979 Village Attorney opinion letter was sent to the President and Board of Trustees with a copy to the Village Manager, William Balling. (A copy of the January 8, 1979 opinion letter is attached hereto). The opinion letter stated that neither the proposed Economic Disclosure Statement or the proposed Conflict of Interest Disclaimer were required by State statutes. At the Village Board meeting on January 8, 1979 the Board made several changes to the draft ordinance. In addition the Board reviewed the Village Attorney's letter of January 8, 1979 in which he questioned the authority of the Village to enact the Ordinance absent home -rule powers. The motion to enact the revised Ethics ordinance (Ordinance No. 79-2) was passed by a vote of 5 to 0 with one Trustee absent. ILLINOIS STATE OFFICIALS AND EMPLOYEES ETHICS ACT (5 ILCS 430) Illinois Public Act 93-615 which created the State Officials and Employees Ethics Act was effective November 19, 2003. Numerous amendments to the Act have been made since the Act was originally enacted. Packet Pg. 11 2.2.c The Village on December 14, 2009 by Ordinance No. 2009-84 enacted Section 2.49.010 of the Buffalo Grove Municipal Code which adopted the various applicable Sections of the Act, as follows: 2.49.010 - Adoption of Act. A. The regulations of Sections 5-15 (5 ILCS 430/5-15) and Article 10 (5 ILCS 430/10-10 through 10-40) of the State Officials and Employees Ethics Act, 5 ILCS 430/1-1 et seq., (hereinafter referred to as the "Act" in this section) are hereby adopted by reference and made applicable to the officers and employees of the Village to the extent required by 5 ILCS 430/70-5. B. The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any officer or any employee of the Village, is hereby prohibited. C. The offering or making of gifts prohibited to be offered or made to an officer or employee of the Village under the Act is hereby prohibited. D. The participation in political activities prohibited under the Act, by any officer or employee of the Village, is hereby prohibited. E. For purposes of this Chapter, the term "officer" is defined as an elected or appointed official of the Village; regardless of whether the official is compensated and shall include, but not by way of limitation, members of Village commissions, committees and boards appointed by the Village President by and with the advice and consent of the Board of Trustees. F. For purposes of this Chapter, the term "employee" is defined as a full-time, part-time, or contractual employee of the Village. (Ord. No. 2009-84, § 2, 12-14-2009) ILLINOIS GOVERNMENT ETHICS ACT (95 ILCS 420/1-101 ET SEQ.) The Illinois Government Ethics Act provides in Article 4.A. for Disclosure of Economic Interests, sets forth the "Statement of Economic Interest" form that needs to be completed, and the persons associated with the Village who are required to file the verified Statement of Economic Interest. CONCLUSION Neither the Village's Economic Disclosure Statement (Section 2.48.020) nor the Village's Conflict of Interest Disclaimer (Section 2.28.030) are required by State statute and therefore these Sections can be repealed. By enactment of Village Ordinance No. 2009-84, the Village has complied with the requirements of the State Officials and Employees Ethics Act. The Village Clerk's Office complies with the yearly requirements of the Illinois Government Ethics Act. 1/08/2017 DM# 680456 2 Packet Pg. 12 January. 8, 1979 0 President and Board of Trustees N Village of Buffalo Grove L 50 North Raupp Boulevard Buf f alo- Grove." IL s 60090 E RE: Ethics/Ordinance _ Gentlemen. Mrs. Rech 0 w - You have asked me for my opinion on the propos_ed'ethics W ordinance. Said Ordinance requires the .following two die - closures s _;, c J q 1. An Econdmic.Disclosure Statement LO 2. A Conflict of `interest Disclosure and Go . Disola tmeer .. Chapter 127, :Section 604A-101, ,stole. of, the Illinois IW ' vi:sed Statutes currently . require the filing of a specific y "Statement of Econom c"Interest" bys 1, persons - elected to an office in a unit of local government. And candidiates for. _ nomination or election to such office +rnd, 2 .: persons appoints ` ,' ed, to a zoning board, zoning board of appeals or'a municipal o plan com�nissiont 5a1d sections also sp�ecificallq set far�th ; times, for filing. , By our proposed ordinance , we . are, requiring a disclosure 4tatementIin addition to, the one required by the state and one with additional disclosures -that are not required_: by,the .state.- s eg slative- ,ecm . . Abs,ent ; home rule pow6re and absent specific _stating` w thorny "Dillon's. Rule e►pplies. Ai11on * Rube that :a - .municipality: can only legislate in areas -wheere 'tho . atatee ha+s - spas i ically delegated its powler There is also a -question.'.of statepreemption present." a On Januarq'16, 1978 in a letter to the President .and Board ;of, Trustees,, I set forth the current - Illinois . conflict -of .in- te�rest requirements, The state statutes do not - call for A- die-,.. ' clsimer..Also , r there is ,a difference between. the Village re-: quirements of 5% ownership interest or $5Q0.0.0 f and the, -state' ' requirements of .7-1/27. -and a graduated' scale of `$250.04 to, - Packet Pg. 13 2.3 Information Item : Discuss Collector Road Options ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........................... Recommendation of Action ................................................................................................................................................................................................................................................................................................................................................................................................................................� Staff Recommends further discussion. Discussion of Collector Route options for future improvements on Brandywyn Lane and Thompson Boulevard regarding street width. ATTACHMENTS: • Collector Road Options Memo 17-0130 (DOCX) • Collector Road Options Memo 16-1230 (DOCX) Trustee Liaison Staff Contact Trilling Darren Monico, Public Works Monday, February 6, 2017 Updated: 2/2/2017 3:09 PM Page 1 Packet Pg. 15 2.3.a 11 TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: COLLECTOR ROAD OPTION MEMO DATE: JANUARY 30, 2017 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS Overview Staff discussed the collector street options at the January 9t" Committee of the Whole meeting and staff was asked to poll the residents of Brandywyn Lane and Thompson Boulevard as to whether they prefer widening the streets one foot on each side with some tree removal or to restrict parking on one side of the street. Options Staff is able to proceed with this direction however staff has determined that several issues could be raised by the residents and wanted to bring these concerns back to the Board for additional discussion. These issues are: 1. It is anticipated that residents will expect an exact answer as to whether or not their tree would be removed. Without the Phase 2 design completed this cannot be answered and staff is concerned about the reaction to not having the proper information available for delivery to the residents 2. If a public meeting is held with the pretense of gathering the residents choice without the exact information as explained above staff is concerned this could generate the same concerns for the resident. It is likely in either of these two scenarios that residents will bring these concerns back to the Village Board and staff is concerned about moving forward without this vital information. Packet Pg. 16 2.3.b VILIAGE OF TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: COLLECTOR ROAD OPTION MEMO DATE: DECEMBER 30, 2016 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS 11 Overview The Village has several streets that are classified as Collector Routes by the Illinois Department of Transportation (IDOT). These streets are eligible for Federal funding for road improvement projects. In 2016 the Village began a Phase 1 Study for Brandywyn Lane and Thompson Boulevard with Ciorba Group. By utilizing the Federal process, the Village is eligible to receive 80% of both the Phase 2 Design costs and Phase 3 Construction costs. This could provide approximately $5.7 million of funding for the project. If the Village was to improve these roads on its own, the project would cost approximately $7.6 million. At the April 25, 2016 Committee of the Whole meeting, staff reviewed the benefits and the affects of receiving federal funding. The Phase 1 Study is at the point where the Village must decide which direction would be best for these two roads. Options To utilize Federal funding, collector roads are required to have a minimum width of 36'. Currently Brandywyn Lane and Thompson Boulevard are approximately 34' wide. There are two ways to meet this requirement. The roads can be widened to 36' or parking can be restricted on one side while maintaining the current width. The benefit of widening the roads to 36' is that parking can be maintained on both sides; however, the drawback would be the removal of limited parkway trees to allow the wider road. The study revealed that an estimated 30% of the existing trees would be removed by widening the roads. It is important to note that it is not possible to determine exactly which trees will be removed as the road layout has not been designed yet. Further design will determine the exact location of the road. The highest concentration of tree removal would be the several blocks around the intersection of Brandywyn and Thompson. The other areas could be as low as 5% removal. It is possible that the number of trees lost will go up or down. The Village Forester can review each tree and if he feels the tree can survive the encroachment then that tree may be saved. Also if he feels the tree is nearing the end of its life cycle, it may be replaced with a new tree during this process as well. The benefit of restricting parking on one side is that the existing width can be retained and far fewer parkway trees will be affected. The downside is that parking will need to be restricted by a new Village Ordinance for one side of the street. This is traditionally not a popular option as the restriction prevents guests of the homeowners to park on one side of the street. The Village has not traditionally allowed for restricted parking to allow for roadway improvements. Restricted parking is generally in locations where there is a parking issue (such as roads near Stevenson High School). Even in those instances where the residents want the restricted parking, there are issues with enforcement and guests of the residents. Packet Pg. 17 2.3.b Recommendation and Next Steps Staff recommends that the Village move forward with the widening of the road without restricting parking. Though taking down trees is not ideal, it is a better long-term solution than restricted parking. That said, the goal of the design will be to preserve as many trees as possible, revitalize the tree system and create a complete project approach in the best interest of the village and residents. As part of the Federal Process, a public meeting is required to inform residents of the project. Staff expects to host the public hearing in March or April. Staff will keep the residents informed as the process moves forward — specifically with those residents where trees near their property will be impacted. Packet Pg. 18 2.4 Information Item : Bicycle Committee Recommendation ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action .............................................................................................................................................................................................................................................................................................................� Staff Recommends discussion of the Bike Committee Options On April 21, 2014 the Village Board approved the Village of Buffalo Grove Bicycle Plan which was created by an ad -hoc Bicycle Committee, the League of Illinois Bicyclists, and Village staff members. Since then, the Plan has been used by various staff for review and planning for village projects. The Plan recommended the creation of a Bicycle and Pedestrian Advisor Committee (BPAC) to be appointed by the Village Board and reporting to the Planning Commission or to the Village Manager's Office. ATTACHMENTS: • bike committee options memo 18-1030(DOCX) Trustee Liaison Trilling Monday, February 6, 2017 Staff Contact Darren Monico, Public Works Updated: 2/2/2017 3:09 PM Page 1 Packet Pg. 19 2.4.a VILIAGE OF BUkTALO GROVE TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: BICYCLE COMMITTEE OPTION DATE: JANUARY 30, 2017 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS 11 Overview On April 21, 2014 the Village Board approved the Village of Buffalo Grove Bicycle Plan which was created by an ad -hoc Bicycle Committee, the League of Illinois Bicyclists, and Village staff members. Since then, the Plan has been used by various staff for review and planning for village projects. The Plan recommended the creation of a Bicycle and Pedestrian Advisor Committee (BPAC) to be appointed by the Village Board and reporting to the Planning Commission or to the Village Manager's Office. Bicycle Plan, State and Federal Regulations Currently, the State of Illinois Public Act 095-0665, requires "bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into State plans and programs." This has led various state, county and local agencies to adopt "complete streets" policies or requirements. In addition, the Federal Americans with Disabilities Act (ADA) makes very strict requirements for pedestrian accessibility. The Village of Buffalo Grove has been at the forefront of these requirements and the Development Ordinance has long required adequate bicycle and pedestrian ways in our developments. During the last few years staff has included pedestrian and bicycle facilities in our Capital Improvement Projects. In addition, staff has worked with State and County agencies to ensure adequate facilities in their projects as well as with the developers of current and future proposed Village developments to ensure compliance with these State and Federal policies and requirements. These facilities and projects include: 1. Every Village road repaving project is required by Federal law to meet accessibility guidelines for pedestrians. This includes accessible crosswalks and truncated domes at street crossings. With each project the existing signage is reviewed and replaced where missing and mid -block crossings are reviewed for possible improvements for safety. 2. Every year the Village has a sidewalk repair program where approximately $300,000 is budgeted in the Capital Improvement Program for replacement and repairing areas throughout the Village. 3. Every year staff inspects the Village's high traffic areas in accordance with the Village's transition plan to meet Federal Accessibility requirements. Defects are assigned a work order for repair or replacement which is separate from the above program. 4. In the Village's Raupp Boulevard reconstruction, shared biking and parking striping was added to the street in accordance with the Bike Plan's Collector Street Options. 5. The Bike Plan Collector Route Options are being reviewed during the Phase 1 Study for Brandywyn Lane and Thompson Boulevard. 6. Public Works crews have been diligently working to resurrect the bike path west of Bordeaux Court by improving the downstream drainage. This is listed as a Bike Plan recommendation. Packet Pg. 20 2.4.a 7. A sidewalk and crossing was added on Deerfield Road at Green Knolls to reach Mike Rylko Park in 2015 and was a Bike Plan Recommendation. This was accomplished by working with Lake County Department of Transportation (LCDOT) as the road is their jurisdiction. 8. A sidewalk crossing was reviewed at Fremont Way and Arlington Heights Road in accordance with the Bike Plan recommendation but was rejected by Lake County due to the traffic speed and volume. 9. With a Federal grant the entire length of the sidewalk on the north side of Dundee Road was widened to an 8' wide shared use path from one side of the Village in Arlington Heights all the way to the Village of Wheeling. This was a Bike Plan recommendation. 10. In the Weiland Road, Prairie Road, Buffalo Grove Road, and Aptakisic Road improvement projects by LCDOT, a shared use path and sidewalk is proposed for all projects. These projects also include 3' wide on -street bike friendly shoulders. This covers several recommendations in the Bike Plan. 11. The Weiland Road LCDOT project is also proposing 3 flashing beacons along Weiland Road 0) which are Bike Plan recommendations. E 12. Staff is currently working with LCDOT and the CN Railroad for a sidewalk crossing the RR at 0 Aptakisic Road east of Weiland Road in accordance with the Bike Plan recommendation. 13. The Cook County Highway and Transportation Department is proposing to add shared use paths and sidewalks in areas where none exists now with the Lake Cook Road widening project in accordance with the Bike Plan recommendations. E 14. Pulte Homes continued the 10' wide shared use path along Prairie Lane with their housing v development in accordance with the Village Development Ordinance/Bike Plan. 15. David Weekly Homes added sidewalk along Easton Avenue with their housing development in accordance with the Village Development Ordinance/Bike Plan. m 16.800-808 Milwaukee Avenue provided funding to extend the sidewalk along their cr, development frontage to be built with the Milwaukee Road and Deerfield Road intersection 00 improvements in accordance with the Village Development Ordinance/Bike Plan. 17. Shorewood Development and Woodman's will be maintaining and providing shared used 0 c paths and sidewalks for the Milwaukee Road and Deerfield Road intersection improvements in accordance with the Village Development Ordinance/Bike Plan as well as State and County o complete streets policies. E 18. Staff keeps a list of possible or future bike paths and reviews them every time a grant £ opportunity is received or a future development is proposed in accordance with the Village c Development Ordinance/Bike Plan. 19. At every Village Board or Village Planning and Zoning Commission, the Village Board, the o Commissioners, village staff and the public are presented with projects and are all given the opportunity to speak about any pedestrian or bicycle improvement that will be reviewed and if possible added to the projects. E In addition, the Village's Development Ordinance already requires any development to be in compliance with the Village's Comprehensive Plan, which includes Map 11 with existing and planned bicycle paths. Recommendation The Bike Plan recommended the creation of a Bicycle and Pedestrian Committee. The primary function of this committee would be to encourage the Village to promote bicycle and pedestrian friendly accommodations in all of the Village projects. The committee could have two sub -options: a. Be a stand alone committee. b. Be a sub -committee of the Planning and Zoning Commission Over the last 4 years, the Village Board has approved a number of recommendations from staff to streamline the development review process. For that reason, staff does not recommend creating another commission or committee that would require additional review. As noted above, staff has been working through the requirements of the Bike Plan and has been able to handle this in house Packet Pg. 21 2.4.a with the assistance of the Planning & Zoning Commission. Staff recommends that implementation of the Bike Plan be overseen by the Village Engineer with the cooperation of the Planning & Zoning Commission. Packet Pg. 22 2.5 Information Item : Massage Establishment Regulation ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion as a follow-up to the January 9 presentation regarding massage establishment regulations. Three proposals have been submitted for further discussion: 1) to require massage establishments to be affiliated with a healthcare entity, 2) to require a bond or insurance for certain violations and 3) to establish a 24-month restriction on re-establishment on premises where the establishment's massage license has been revoked. In recent years, the Village has experienced an increase in the number of criminal prostitution charges and subsequent convictions for massage establishments. Since 2011, three prostitution convictions have occurred, along with other charges that were reduced to criminal trespass. Staff seeks Village Board direction on the establishment of an ordinance restricting the establishment of a massage establishment for a period of 24 months at a premises where a massage license has been revoked. ATTACHMENTS: • 01-03-17 Regulation of Massage Establishment (DOCX) • CHICAG01-#678851-v2-Massage_location_moratorium_regulation_memo.DOCX (PDF) Trustee Liaison Ottenheimer Monday, February 6, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 2/2/2017 3:16 PM Page 1 Packet Pg. 23 2.5.a rI 1, 1, ACII: : F MEMORANDUM DATE: February 2, 2017 TO: President Beverly Sussman and Trustees FROM: Dane Bragg, Village Managcrr ,t,, SUBJECT: Massage Establishment Location Restriction Ordinance Is In recent years, the Village has experienced an increase in the number of criminal prostitution charges and subsequent convictions for massage establishments. Since 2011, three prostitution convictions have occurred, along with other charges that were reduced to criminal trespass. As a result of this activity, staff asked legal counsel to research restrictions on re- establishment of massage licenses on premises where a prior conviction has occurred, for a 24-month period. Counsel has drafted the attached opinion providing background on the matter, as well as examples of other communities that have adopted similar measures. Staff seeks Village Board direction on the establishment of an ordinance restricting the re- establishment of a massage establishment where a license has been revoked for a period of 24 months from the date of revocation. Village counsel believes there is a legitimate, objective concern for which regulation may be warranted. Page 1 of 1 Packet Pg. 24 2.5.b DM #678851 12/8/2016 Tressier,LLP MEMORANDUM To: Dane Bragg, Village Manager cc: Jennifer Maltas, Deputy Village Manager Steven Casstevens, Chief of Police Julie Kamka, Deputy Village Clerk From: William G. Raysa and Luke Glisan Date: December 8, 2016 Re: Massage Establishment Location Restriction Ordinance You asked whether it would be legally permissible to amend the Village Code and impose a two year ban on operating massage establishments at any location where a massage license is revoked. Our research reveals that home -rule municipalities have broad authority to regulate massage establishments, and the history of recurring problems at massage establishments in the Village only provides further support for strict regulations. While there is no law in Illinois, either statutory or judicial, that directly answers the question of whether a location moratorium is legally enforceable, based on all available guidance we believe the Village has the authority to enact such a restriction. I. REGULATORY AUTHORITY The Illinois Constitution provides: Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt. III. Const. Art. VII, § 6(a) (emphasis added). Packet Pg. 25 2.5.b The power to license is specifically included as a home -rule power to help ensure compliance with local regulations through the threat of licensing revocation. IICLE Municipal Law Section 5.21. The power to license also serves as an important means of producing revenue to support local programs. Id. Further, the Illinois Municipal Code grants the Village the broad authority to "fix the amount, terms, and manner of issuing and revoking licenses." 65 ILCS 5/11-60-1. Examining the authority of municipalities to specifically regulate massage establishments, the Illinois Massage Licensing Act provides, "[t]he practice of massage therapy a, is hereby declared to affect the public health, safety, and welfare and to be subject to y regulation in the public interest." 225 ILCS 57/5. Further, Illinois courts have identified aspects unique to the industry that justify broad regulatory authority. Specifically, courts have N 00 commented that "the occurrence of acts of prostitution in a massage establishment is inherently difficult to regulate and prevent" and that "[g]iven the private setting in which v massage services are provided, prostitution in a massage establishment could be uncovered o only by using [covert police operations.]" King's Health Spa, Inc. v. Village of Downers Grove, 11 E 0) N.E.2d 489, 501 (2d Dist. 2014). For these reasons, the Appellate Court of Illinois, Second Ei District, found that "[t]he private nature of the provision of massage services highlights the c need for strict regulation." Id. This is not to say that the authority to regulate massage establishments is unlimited. The Illinois Supreme Court has explained: It is a fundamental and well -established rule, both in the United States courts and in the courts of this State, as a firmly settled constitutional principle, that every citizen is guaranteed the right to engage in any lawful, useful and harmless business or trade, and it is not within the constitutional authority of the State legislature, in the exercise of police power, to interfere with the rights of the individual to carry on a legitimate business, where no interest of the public safety, welfare or morals is damaged or threatened. People v. Thillens, 400 III. 224, 232 (1948). If an ordinance is enacted as an exercise of a municipality's police power, "the court must be able to see that it tends, in some degree, toward the prevention of offenses or the preservation of the public health, morals, safety or welfare." Id. at 235. Applied to massage establishments, "[c]ourts have repeatedly recognized that a city may regulate massage establishments in the exercise of its police power" "[d]ue to the close physical contact inherent in the massage business" and to "prevent unlawful conduct" such as "nudity and touching of sexual and genital areas." Wes Ward Enterprises, Ltd. V. Andrews, 42 III.App.3d 458, 465-66 (3d Dist. 1976). Packet Pg. 26 2.5.b In Wes Ward, the City of Peoria enacted an ordinance that imposed a number of requirements on massage establishments, including that all massage establishments meet certain facilities requirements and undergo a pre -license inspection by the fire department and health department. Local massage establishment operators challenged the ordinance as an unconstitutional use of police power and as being broader than required to serve its purpose. Peoria argued that the ordinance was a valid means to protect public health by preventing spread of disease and to regulate obscenity (exhibition of one's body for gain). Id. at 466. The court upheld the ordinance, finding that it was "a reasonable means of carrying out the purposes sought to be accomplished." Id. In addition to showing that a regulation inhibiting the operations of massage establishment furthers a legitimate public purpose, a municipality must stay within the legal N 00 boundaries of the First Amendment. A regulation placing a two-year moratorium on operating a massage establishment at the same location where a previous ordinance violation resulted in v revocation could be challenged as unconstitutional. By preventing the operation of a massage o business, the ordinance would also prevent the massage business from advertising to potential E 0) customers, and thereby act as a restriction on commercial speech. E. Commercial speech "receives a limited form of First Amendment protection so long as it concerns a lawful activity and is not misleading or fraudulent." Posadas de Puerto Rico Associates v. Tourism Co of Puerto Rico, 478 U.S. 328, 340 (1986).1 The Supreme Court of the United States developed a four-part test to examine the constitutionality of government regulation on commercial speech in Central Hudson Gas & Electric Corp. v. Public Service Comm'n of New York, 447 U.S. 557, 566 (1980). The test examines (1) whether the speech concerns a lawful activity and is not misleading or fraudulent; (2) the strength of the government's interest in restricting the speech; (3) whether the restriction "directly advance[s]" the government's asserted interest; and (4) whether the restriction is no more extensive than necessary to serve the government's interest. Id. For our purposes, the ordinance must be drafted to serve the Village's legitimate interest without unnecessarily infringing on would be business owners. The issues discussed above provide context, but they are peripheral to a proposed location moratorium. However, they appear to be as close as we are going to get because our research did not reveal any cases in which a court considered the validity of a regulation barring a massage license from being issued at the same location where a business was found to have violated a local massage ordinance. c 1 Posadas and other cases discussing how the First Amendment interacts with regulation of commercial speech are E thoroughly discussed in Constitutional Realism: Legislative Bans on Tobacco Advertisements and the First M Amendment, 1986 U. III. L. Rev. 1193 (Berman, 1986). 2 Packet Pg. 27 2.5.b II. OTHER MUNICIPAL REGULATIONS At least three other Illinois municipalities have engaged in the analysis we are currently undertaking and found that they have the authority to enforce a location restriction following revocation of a massage establishment license. Each ordinance is worded differently, but these examples are consistent with what the Village wants to accomplish: 1. City of Chicago § 4-92-060. "When any license shall have been revoked for any cause, no license shall be granted to any person for the period of two years thereafter for the conduct of a massage establishment in the premises described in such revoked license." 2. Park Ridge § 5-15-22. "Upon revocation of a massage therapy establishment license, that premises shall be ineligible to be licensed for the purpose of performing massages of any nature for twenty-four (24) months from the date of revocation." 3. Mount Prospect § 11.3908(B). "If a license has been revoked for any cause, no license shall be granted to any person for the conduct of the business of a massage establishment at that location for a period of twenty four (24) months." We are not aware of any challenges being brought contesting these municipalities' authority to enact the location restrictions. III. ANALYSIS The Village's history with massage establishments is instructive. Currently there are eight massage establishments licensed in the Village, and three pending applications. The Village believes that the majority are legitimate, and do not violate the law. However, in recent years the Village has had serious issues with two establishments. First, in 2011 and again in 2012, massage therapists at Sun Spa were convicted of criminal prostitution. Following the second conviction, the Village entered into an agreed order revoking Sun Spa's business license. Second, in 2016 a massage therapist at YDSA Enterprises, Inc. d/b/a Yedam Spa was found guilty of criminal prostitution, and a separate massage therapist was convicted of not having the required massage therapist license. Following these convictions, the Village entered into an agreed order revoking Yedam's business license and massage establishment license. Further, as Commander Tom Reed shared at a recent preparation meeting for the Yedam Spa administrative hearing, the Police Department regularly received calls and emails from the community expressing concern about Yedam's operations. This history establishes a repeat problem of unlawful sex acts, and a general disregard for Village ordinances, occurring in the private areas at Village massage establishments. Each case required a substantial investment of police time and effort to investigate and eventually prove that unlawful conduct occurred. It is a logical outgrowth of these incidents for the Village to take measures to prevent future unlawful operations. One way to guard against future unlawful acts is to prevent the turnover of massage establishments from one operator to another after a violation is discovered. By preventing an immediate reopening of a facility that E1 Packet Pg. 28 2.5.b was found to have violated Village ordinance, the Village can reduce the need for focused police operations at that location. Additionally, to have a new massage establishment open in the same location as an establishment that was publicly found to have violated the Village's ordinances could harm the Village's reputation, and its potential attractiveness to future residents and business -owners. As demonstrated by Sun Spa, where one prostitution act occurs, more might follow. And as shown by Yedam Spa, establishments often advertise illicit acts on certain websites trafficked by consumers who are actively seeking out prostitution. In this niche market, an establishment can quickly develop a reputation for unlawful sex acts. By not only closing the violating establishment, but also preventing other massage establishments from operating at the same location for two years, the Village could act to extinguish any reputation for unlawful sex acts occurring within its boundaries. IV. RECOMMENDATION In sum, the Village's history establishes a legitimate, objective concern, which we believe provides adequate justification to enact an ordinance prohibiting any massage establishment from operating for two years in the same location following revocation of a massage license .Z Please contact us with any questions after you have had a chance to review this Memorandum. z We recommend that if the Village adopts a location restriction ordinance, it only apply going forward. Because Apple 74, Enterprise, LLC, the company seeking to open a massage establishment in the same location as Yedam Spa, filed their application before the ordinance can be adopted, the ordinance would not prevent Apple 74 from opening. 5 Packet Pg. 29 2.6 Information Item : Citizen Engagement Strategies ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. The Village Board requested that staff research citizen engagement options as part of the strategic planning process. Staff will review the citizen engagement outline document (attached) and discuss options for future citizen engagement opportunities. The Lake Cook Road Corridor Study serves as a current example of an engagement strategy, embodying a number of the strategies contained in the outline. ATTACHMENTS: • Citizen Engagement Strategy Outline (DOCX) Trustee Liaison Staff Contact Ottenheimer Dane Bragg, Office of the Village Manager Monday, February 6, 2017 Updated: 2/1/2017 1:53 PM Page 1 Packet Pg. 30 2.6.a A �D 00 C a+ 7 O IM G1 L C cd E CM C W C a) N U c a� E t Q Village of Buffalo Grove December, 2016 Packet Pg. 31 Citizen Engagement Strategy Outline ml2.6.an ExecutiveSummary Citizen engagement is often defined as "the ability and incentive for ordinary people to come together, deliberate and take action on problems or issues that they themselves have defined as important." At its core, citizen engagement includes three actions: • Exchanging information, dialogue and data pertinent to an issue facing a defined community; • The development of problem -solving approaches to issues perceived to be important to a defined community; and • A decision making framework that incorporates the data points gleaned from the exchange of information. Citizen engagement may occur either directly or indirectly, however, more recent approaches favor direct interaction. A key foundation of citizen engagement is moving from the exchange activities (those that simply provide information and increase transparency) to the engagement activities (those that involve a higher level of interaction in the problem -solving process). There are a number of factors to consider in developing a citizen engagement strategy, including: • Who are we trying to engage? • What resources are available to engage the community? • What possible channels could be developed to increase resident interaction? • Is the organization ready (both elected officials and staff) for a cultural shift to facilitative leadership, community collaboration and ownership of results? • Is the community prepared to actively participate in facilitative leadership, community collaboration and ownership of results? • What level of investment in human and financial capital is required to achieve the desired engagement strategy? • What is the desired timeline to achieve milestones, and how will we know when we have arrived? For purposes of this analysis, staff assumed that a "citizen" may be a resident, business owner, or member of a community organization. This report provides a snapshot of possible engagement strategy components collected from other municipal governments and academic research developed through the International City/County Management Association. The purpose of this report is to educate the Village Board on the components and mission of civic engagement, as well as challenges to implementation that could be expected. Ultimately, if the Village Board chooses to pursue a citizen engagement strategy, a number of items would need to be prioritized before developing and adopting a preferred plan. December, 2016 Packet Pg. 32 Citizen Engagement Strategy Outline uj2.6.an Citizen Engagement in Buffalo Grove The Village of Buffalo Grove has been comprised of an involved populace since its establishment in 1958. Originally having a fairly homogenous demographic profile, many of the community's social interactions revolved around civic life (provision of infrastructure and basic services) and family/religious life. The longstanding presence of St. Mary's Catholic Church in the original community of Buffalo Grove affected the background of families that settled here, as well as the ensuing social network that developed. Over the last 50 years, the Village has become one of the most diverse communities in the Chicago metropolitan area, hosting dozens of native languages and dialects, ethnicities and religions. The community is generally well educated and successful. As the Lake County part of the Village developed, home styles, income levels and customer preferences changed, creating a dichotomous community — the established, post-war homes of Cook County and "Old Lake County" against the backdrop of larger footprint suburban homes. The change in housing styles and preferences had the positive impact of increasing home values in the area, while members of the established portion of Buffalo Grove felt that the community was changing in a way inconsistent with its original design. While this development trend was occurring, the Village's status as a center for the highest quality public education evolved. As a result, many of the networking opportunities provided to residents (particularly those with school -age children) focused on public schools and related activities such as youth sports, parent -teacher organizations and scholastic programs. To further complicate the issue, the Village is served by six independent school districts, with no overlap between the Cook County and Lake County portions of the Village. As a result of these and other factors, the Village's population is often segmented by a number of characteristics, including: • Ethnic/cultural background; • Cook County/Lake County residency; • Subdivision; and • Socioeconomic (income, education). Past Practice The Village's historical approach to citizen engagement activities has been primarily project- or planning -oriented endeavors. Modifications or additions to the Comprehensive Plan, as well as special area plans, have generally used the highest level of overall engagement activities with respect to exchanging data, developing problem -solving approaches and mapping out a decision -making framework. While these efforts have been inclusive of a number of ideas presented by the larger community, the typical interactions are limited to those willing to take time to attend open houses or public meetings and to express comment. With a project -driven engagement strategy, the engagement period is finite, limited generally to the timeline of the project itself. December, 2016 Packet Pg. 33 Citizen Engagement Strategy Outline 2.6.a The Village has also used the open house format for a number of infrastructure projects over the years, including several roadway expansion projects in Lake County, such as the widening of Lake Cook Road. The most recent engagement process involved the development of the Economic Development Strategic Plan, which included a steering committee (task force) with representatives from the business community, education system, local government and citizen representatives. This process was generally regarded as positive, although there were limited interactions with the broader community due to the volume of data to be reviewed and deliberated. To date, the plan's recommendations have been widely adopted and continue to be developed. The Village has developed social media tools (Facebook, Linkedln) to reach a wider audience of potential participants in the aforementioned activities, as well as to solicit volunteers, encourage attendance at public events and to provide general news and information about the Village and the community. The launch of social media presence has been well received, and many residents have expressed gratitude to the Village for making information publicly available. Currently, the Village's Facebook page has 1,911 "likes." The Village also launched its transparency portal and mapping applications on its website in 2014. These applications provide robust search capabilities and a significant volume of public records available instantly. The information provided through these channels is not "real time." The Village has maintained an email newsletter for a number of years, compiled by staff and transmitted each Thursday. The newsletter includes articles of general interest, events occurring in the community, safety reminders and the like. Currently, there are 2,789 subscribers to the E-News. The Village has maintained a local access cable channel, available to AT&T and Comcast subscribers, for several years. Village Board meetings are aired the day after the meeting, as well as slides with general information. There has been no specific programming schedule for the channel for a number of years. The information on the channel is generally not timely and does not change frequently. As part of the Lake Cook Road Corridor Plan and Market Study, the staff team worked with HOK Group and its sub -consultants to develop a number of citizen engagement tools, including an online input and dialog platform and audience participation tools. This will be the first time these methods have been used to reach a broader segment of the community than the traditionally civic -involved residents. The citizen engagement portion of this project is scheduled to substantially occur in 2017. Quasi -Village EIingag rneint The community has a number of organizations that are generally issue -specific in their nature, and focused on solving identified problems or challenges within their defined community. A few examples of those organizations include: December, 2016 Packet Pg. 34 Citizen Engagement Strategy Outline � • Environmental Action Team, focused on water quality, waste stream reduction, energy efficiency; • Blood Donor Committee, encourages and administers blood donations for public health; • Rotary Club of Buffalo Grove, provides local grants for education, literacy, public safety, assistance to needy families; • Buffalo Grove Lincolnshire Chamber of Commerce, a business networking and support entity primarily focused on independent businesses; and • Lions Club, provides services for elderly individuals, community service projects. Each of these organizations (and many others) have built a social network of individuals with like interests/values and pursuits. While each group tends to have its own focus, they represent established citizen networks that can be leveraged to encourage engagement and meaningful dialogue about community issues. A recent addition to the social media network in the area is the NextDoor app, which segments subscribers by their geographic location or neighborhood. Several subdivisions in Buffalo Grove have established "neighborhoods" in this app environment. Further, the platform allows cross - posting of information for residents to learn and deliberate issues that may be of interest to a larger audience. To date, the Village has not established a presence in the NextDoor environment. Figure 1— NextDoor Communities in or near Buffalo Grove wmmmvr a.a..r U ��rY �iSR Ha thrirxt Clue , The oaks 9 k7od Cr�ek �J,rrr„r sug �� ee r J, n r 4 Wil MIT C,x�el P13N 1ii, Vl�lij 1 r a errace Whispering o4 air - .. , ..e,,,,... ., ) ... � 1 ' qer h�u �'<r e �e and at � � �,r.a, A'r ores rn to Dt ,, aer „ valoru Old McHenry Road . �G� Grden Lake P rk �. A �a�%���/ .. �.,� I N y alti 'arv� Dw!dr�!I I r � s f,l ir4D,eC Vu[ tr[YrIrnrg1rr Map Satellite Al �fr �f °'�"fky December, 2016 Packet Pg. 35 Citizen Engagement Strategy Outline ° l; 2.6.a What Can Citizen Engagement ? Citizen engagement is a process designed to harness the "civic intelligence" of a local population to achieve certain ends. Generally, civic engagement can accomplish one or more of the following: • Dis-intermediate. This term refers to removing the middleman from the decision - making process. In this case, a unit of local government would be the identified middleman. Using the power of available information via the internet and open data sources, dis-intermediation brings a group of individuals together to research, debate and develop solutions, policies or demands regarding a specific topic. The advantage of disintermediation is "direct democracy," where ideas are not filtered but delivered to the policy body in a more raw state. The disadvantage of disintermediation is it may encourage louder voices to prevail on issues deemed important to a specific constituency. Dis-intermediation has been most widely seen in larger, national settings, by groups like Occupy Wall Street and Black Lives Matter. While these activities have not necessarily been applied at the local level, they have indirect effects on governmental activities such as community policing and transparency. • Fill a gap. Citizen platforms can be used to collect data, analyze, deliberate and marshal resources to solve an identified problem or issue. Issues can be as simple as identifying sources for disposal of specialized recyclable materials to complex systems to organize during times of emergency or crisis. The advantage of this approach is the ability to harness volunteer efforts and intelligence to solve a problem, while a disadvantage can be mixed messages if information is not properly vetted and managed. An example could include the clean water initiatives undertaken by the Buffalo Grove Environmental Action Team. At the local level, these activities may harness intellectual capital and financial resources that may not be within reach of local government. • Right a wrong. A citizen group may initiate a platform to fight corruption or correct what is considered a violation of government's commitment to its people. Notable efforts in this realm on the state and national level have included the development of applications/platforms that improve access to public records. Also, environmental advocates may utilize this channel to support or oppose certain initiatives. In reviewing the potential for citizen engagement by the Village, it appears that the dis- intermediation and gap -filling opportunities present the greatest potential. There hasn't been a significant effort toward the third objective since the Land & Lakes/water challenge during 2009-2010, where the actions of a single citizen did significantly change and adversely impact the dynamic of public involvement with local government. ectrtuuirn of Citizen Ecm m girrient The International Association for Public Participation has developed a table showing the spectrum of citizen participation activities, organized by level of involvement, as shown below: December, 2016 Packet Pg. 36 Citizen Engagement Strategy Outlined 2.6.a Figure 2 — IAP2 Public Participation Spectrum _......""���aaououoaouo��u��Wa00�I�II�I�011��W p a llool1111lll" lllllllizR rird ' a E Ir P Iz :;iiVWWl fmi pwo'l1','"IbaNlvtKed OW To IXN'am WGVba'k 'W'W%Wk WO, ft "fr,'drvWV'uu'wm'WIN, tlhe"WAk' k) p1wrf fIn4&X*Y''Ran' mVhrgrlfhww f1rda"Y"fAramz am VA an^umW1O% fmwwamr, ppwAArr O0 v1WAs &nxwwJh! VVX'44ft, s"'Wnq ire W➢e hand�wd R WWA4W m°m"mW 4n nlwWWmW&Y406d up* N1'a�ffid`'«`rrd'!'TSaItl ill'u4 MoWa"J1MW'pwrimMIPDPJq, �I'RMR PW'l�IdhU, W�ra� q a�onm.. �UVA a.spWamwawa nww^ a or"Wr Wof NO waneWaN; ikwwawa,. gym' W M Wko'", Uan "'I NJ" RV* ak5' Wa to W'd 'V* W W w kw1DEfm 4096 " w 044 OwD k WA.'U yj l!a" kw "'Ia o Ma PWr'01iiM'AauW,'ow n111,0 nnef"W, toon"Woo Npu, esmvl"ofWaw bawke Wwa Witlll4U'w✓NVWf Who, You ugad'o,, i6 r'Wmrr.'oft''s mw� ow, and WTR 49P'R ow, Iftsm Nn 0"*14 rrwfhoWawwa hm the, u:4+'maknNaw%imn anal, a, Wua""falAx n mAde"" P"KAiw'n" Source: International Association for Public Participation (IAP2), w rv,f a ral. rfl; Used with permission. In the table above, the rows describe the intended outcome of each type of exchange or engagement, while the columns show the level of engagement from lowest to highest. It is important to manage the expectations for each group of stakeholders when designing an engagement strategy, as each participant will choose to engage at his or her desired level. Potential tentiialII RltfaIIIIIIIs Potential pitfalls or gaps that are common to any engagement strategy include the lack of measures to determine effectiveness, not enough electronic channels for engagement, a deficiency in embedding engagement across service units or projects (creating unpredictability and reducing trust in the process), and the inability to connect with and engage a diverse cross section of the defined community. In addition, there are significant challenges in competing for others' time to commit to engagement. Managing expectations of the level of involvement and impact any one person or group of people will have on the outcome of a specific issue requires skill and tact. December, 2016 Packet Pg. 37 Citizen Engagement Strategy Outline mi2.6.an Outline for Citizen Engagement The outline below depicts a progression of decisions to be made in pursuing an engagement strategy. There are a number of alternate scenarios in developing an actual plan, based on Village Board and public preference. Thus, the outline is presented at the conceptual level. 1. Determine readiness for citizen engagement a. Survey elected officials b. Survey staff c. Survey boards/commissions/committees d. Baseline of how effective we are today e. Understand the receptiveness of various groups (internal/external) to community -driven engagement 2. Develop mission (below are ideas) a. Educate b. Participate c. Connect d. Dialogue e. Trust f. Decision -making 3. Define levels of desired citizen engagement (from inform to empower) by type of issue a. Ongoing/general topics b. Specific (Village) projects c. Community projects/initiatives d. Regional issues 4. Define audience a. Who is participating now? b. Who are we trying to reach? c. What are they looking for? d. Are there identified leaders in this area already? 5. Define desired platforms for engagement a. Current structure b. Expansion/development of current platforms c. New platforms needed or wanted d. Use of existing social networks in the community e. Implementation milestones 6. Define resource allocations a. Staff development/training needed b. Elected/appointed official training c. Engagement platforms and costs i. Face-to-face ii. Electronic 7. Prioritize topics for engagement a. Community dialogue December, 2016 Packet Pg. 38 Citizen Engagement Strategy Outline M2.6.an b. Citizen survey questions? c. What information is currently available? d. What information should be made available? 8. Develop tailored strategies for each project/issue (examples below) a. Face-to-face i. Focus group/task force ii. Innovation teams iii. Citizen academy iv. Pop-up village hall v. Citizen science vi. Civic hacking b. Electronic i. Usability testing ii. Civic upsell iii. Open data iv. Next Generation 911 v. Design -centered web services vi. Crowdsourcing vii. Public data dashboard 9. Develop Success Measures a. Are we reaching the intended population? b. Are we encouraging dialogue and debate? c. Is the process adding value to decision -making? December, 2016 Packet Pg. 39 Citizen Engagement Strategy Outline m2.6.a Summary This report provides a small snapshot of the factors to consider in developing a citizen engagement strategy. Fundamentally, adopting a citizen engagement approach creates a paradigm shift in the way in which we interact with our constituents, with a major emphasis on expanding outreach and dialogue opportunities well in advance of the policymaking function. Staff anticipates that the adoption and buildout of a full citizen engagement strategy will require a 3-5 year commitment to realize its full potential. If the Village Board wishes to explore this concept further, a budget will also be prepared for review before making any long-term commitments to the process. December, 2016 Packet Pg. 40 Citizen Engagement Strategy Outline ml2.6.an Additional Reading: a Flan -Line fry 11"q, i-iandC()I'HIE'Cftedas Q'.),imi,nunily ��Rfing GtIzen q"I C I I I i 1'I .'I LPr." F CIIf I p g t V 0 �I Genen-id A�:,�I,f.!ssrrI&IL Fgdh, y \Mckc.ed 3r-'JdPll�' nj,ag&,'ric,rfl' PM Magazine, August 2013 December, 2016 L Packet Pg. 41 77- 2.7 Information Item : Discuss Annexation Strategies Report and Action Plan ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff Recommends Discussion In 2016, staff presented the Village Board an Annexation Strategies Report that identified the several hundred acres of unincorporated land dispersed in various locations within and adjacent to the Village. A key recommendation of the report was the development of an annual action plan focusing on priority areas and strategies staff will be undertaking. Attached is a memorandum providing additional details on several of the action steps staff will be completing in 2017. ATTACHMENTS: • BOT Memo 2.6.17 (DOCX) Trustee Liaison Ottenheimer Monday, February 6, 2017 Staff Contact Chris Stilling, Community Development Updated: 2/3/2017 9:11 AM Page 1 Packet Pg. 42 2.7.a DATE: February 6, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Annexation Strategies Plan for 2017 BACKGROUND In 2016, staff presented the Village Board an ,in,In,exat,io n,,St,ira, e. ices III (Report). The purpose of that Report was to identify and catalog the several hundred acres of unincorporated land that is dispersed in various locations within and adjacent to the Village. The Report also presented the basic methods of annexation as well as identifying fourteen annexation areas with recommended actions. A key recommendation of the Report was the development of an annual action plan focusing on priority areas and strategies staff will be undertaking for the upcoming year. Based on the priorities established in the Report, staff has identified the following key areas of focus for 2017: 1. Prairie View Area (Area 1) 2. Aptakisic Road Properties (Areas 3 and Area 4) 3. Milwaukee Avenue Properties (Area 7 and Area 13) Village of Buffalo Grove Annexation Areas Mapp --T " III Ik ro I I� I wvuo u m �F u pP m A mmU I m a �- 74w u� r kV0.'{GMA4.t0.'SPkL K 12 1�1 �yy, A=11 HI 1 ern 'f M """I fd'iwuwuoNa bkww Lt GS 1 jam Mllxsl lYnlnwxEarme<I LL.Ie'uffi SUMMARY OF ACTIONS FOR 2017 For 2017, Village staff will complete the following strategies: Page 1 of 2 Packet Pg. 43 2.7.a Develop a framework/outline for the completion of a Q4, 2017 comprehensive plan update for the Prairie View area. The proposed update will begin to explore future land use Prairie View designations, densities, market analysis and tools to assist with implementation. This should also include discussions with Metra to better understand the constraints associated with expanding daily and weekend passenger rail service. Finalize annexation agreements with interested properties Q1-Q4, 2017 Aptakisic Road along Prairie Road. Continue to pursue the annexation and development of the Q2, 2017 50-acre parcel north of the Didier Farm (Link Farm). Finalize Annexation Agreements with the interested properties Q1-Q4, 2017 along the Milwaukee Ave corridor Prepare an analysis to show the limits of the Q4, 2017 Milwaukee Ave. floodplains/floodway and its impacts on the future redevelopment for the entire Milwaukee Ave. corridor Work with the Village of Lincolnshire on issues related to Q4, 2017 shared access and floodplain/stormwater for the northern Milwaukee Avenue area RECOMMENDATION Staff is seeking comments from the Board regarding its strategies for 2017. Staff will be providing the Village Board with a brief presentation at the Committee of the Whole meeting. 00 Page 2 of 2 Packet Pg. 44