1/15/2021 Page 1 of 3

MEMORANDUM

TO: Mayor and Trustees FROM: Village Administrator Evan Walter and Staff DATE: January 15, 2021 RE: Village Administrator’s Weekly Report

The following is the Village Staff’s weekly report of upcoming Village meetings, staff updates, and various reports. This memo is provided every Friday and distributed to Trustees, Staff, and posted on the Village web site. Any concerns or questions should be directed to the Village staff at (630) 654-8181.

Upcoming Public Meetings

• Monday, January 18: Plan Commission – 7 PM CANCELED

• Monday, January 25: Board of Trustees – 7 PM; ZOOM

• Tuesday, January 26: Pathway Commission – 7PM; ZOOM

• Wednesday, January 27: Veteran’s Memorial Committee – 4 PM; Board Room

• Friday, January 29: 9:30 AM – 3:30 PM – Blood Drive; Village Hall Parking Lot

• Monday, February 1: Plan Commission – 7 PM CANCELED

• Wednesday, February 3: Economic Development Committee – 5 PM; ZOOM

• Monday, February 8: Board of Trustees – 7 PM; ZOOM

• Tuesday, February 9: Stormwater Committee – 7 PM; ZOOM

• Wednesday, February 10: Board of Fire & Police – 7 PM; Police Department

• Monday, February 15: Plan Commission – 7 PM; ZOOM

• Monday, February 22: Board of Trustees – 7 PM; ZOOM

• Wednesday, February 24: Veteran’s Memorial Committee – 4 PM; Board Room

• Monday, March 1: Plan Commission – 7 PM; ZOOM

• Wednesday, March 3: Economic Development Committee – 5 PM; Board Room

• Monday, March 8: Board of Trustees – 7 PM: ZOOM

Miscellaneous Memo 1/15/2021 Page 1 of 3

Village Highlights and Updates

o COVID Regions Returning: Governor Pritzker has announced that Regions 1, 2, and 5 have moved back to Tier 2 mitigations effective January 15. It is anticipated that both Region 8 and 10 in which Burr Ridge is located will be permitted to move to Tier 2 in the coming days but will likely not be permitted to move to Tier 1 for some time. A Region can move to Tier 2 mitigations if it sees a test positivity rate less than 12% for three consecutive days and more than 20% of ICU and hospital beds are available, as well as declining COVID-19 hospitalizations in seven of the previous 10 days. o Administrative Adjudication Kicks Off: The Village held its first-ever Administrative Adjudication hearing on January 13. One matter was heard by Hearing Officer Denise Filan. While staff hopes to resolve all matters before they reach adjudication, we look forward to the benefits that Adjudication will bring to the community if such services are necessary. o PW Welcomes Michael Wolfram Back to its Team: The Public Works Department is excited to welcome Michael Wolfram back as a full-time General Utility Worker I. Mike was a highly respected part-time GU1 in our Department before leaving for a full- time position with the Village of Richton Park Public Works Department. Mike has a degree from Illinois State University and extensive experience with various types of vehicles and equipment. Welcome back, Mike!

o Budget Preparation Progressing: All preliminary budget numbers, goals, etc. have been submitted to Acting Finance Director Nelson ahead of a thorough first review to occur during the week of January 18. I am very thankful for all of the fine work that the Finance Department staff and budget team is putting in to ensure that the Village has a high-quality document to review during the spring.

o 2021 Road Program Approved: On January 11, the Board approved the 2021 Village Road Program, estimated at about $950,000 not counting improvements to public buildings. As always, the staff in Public Works are commended for their timely efforts to ensure that we are among the first to go for bids on this important program. Burr Ridge roads truly represent some of the finest pavement in the State!

o Winter Blood Drive: The Village is once again collaborating with Versiti Blood Center to host a Winter Blood Drive on Friday, January 29 from 9:30 am to 3:30 pm. Their mobile coach will be parked at the Village Hall parking lot. Attached is a flyer with a link and phone number to register. The blood drive is open to the community, so feel free to spread the word to neighbors, friends, and family. All donations will be tested for the COVID-19 antibodies. The need for blood donations is greater than ever, so please consider participating.

o Tree Trimming: The Village’s contractor for parkway tree maintenance will continue next week in the following neighborhoods:

• Cook County side, North of Plainfield Road (Burr Ridge Meadows)

Miscellaneous Memo 1/15/2021 Page 2 of 3

• Cook County side, between I-55 and Plainfield Road (Heatherfields, Shady Lane, Hillcrest, and Carriage Way, Tower Drive) • DuPage County side between Madison Street and Harvester Park (Babson Park)

This is part of the Village’s regularly scheduled tree maintenance to ensure the health and development of our neighborhood’s parkway trees. o Recycling Holiday Lights All Year Long: Burned out or unused holiday lights and cords may be dropped off at the eWorks electronics-recycling center located at 451 Commerce Street. Holiday lights and cords are now accepted at this location any weekday at any time of the year. For a list of other items accepted at the electronicsrecycling center, please visit www.dupageco.org/ElectronicsRecycling/.

Reports and Briefings

 Building Report: Attached is the December 2020 Building Report prepared by Permit Technician Michelle Mahlan. The report shows the following building permits issued during the month:

1 New Single-Family Residential valued at $2,600,000 3 Residential Additions/Alterations valued at $805,700 2 Non-Residential Additions/Alterations valued at $2,800,000 17 Total Permits Issued in December 2020

 IML Statehouse Briefing: Attached are the Illinois Municipal League Statehouse Briefings dated January 11, 2021 and January 14, 2021.

 IML Legal Bulletin: Attached is the Illinois Municipal League Legal Bulletin dated January 15, 2021.

EBW:jat ec: Department Heads

Miscellaneous Memo 1/15/2021 Page 3 of 3

Giving WARMS THE HEART DONATE BLOOD 0r/75/2021 Permits Applied For December 2020

Permit Number Date Applied Property Address Applicant Name & Contact Info Description

JCA-20-317 1210612020 775 Yillage Center Dr Kohler Waters Spa & Show Ro 501 Highland Dr. Com Alteration Kohler WI53044 JCA-20-321 12/0312020 801 Village Center Dr Blackbird Construction 14400 South Humprhey Blvd Com Alteration Orland ParklL 60462 tcA-20-332 12/2112020 310 Burr Ridge Pkwy Woodland Hills Construction 7805 South Austin Ave Com Alteration Burbank lL 60459 JCNC-20-330 12/2312020 7001 North Frontage Road Flagg Creek Water Reclamatio 7001 North Frontage Rd. Com New Consffuction Burr Ridge lL 60527 JGEN-20-319 1210112020 301 94th Pl ABT Electronics 1200 N Milwaukee Av. Generator Glen View lL 60025 JGEN-20-323 12/0712020 8521 Johnston Rd Oakwood Electric & Generator 237 N. Cass Av Generator Westmont IL 60559 JPAT-20-325 l2llll2020 8221Lake Ridge Dr Homeowner Patio Burr Ridge IL 60527 JPAT-20-326 1211112020 8 Lake Ridge Ct Aqua Pools, Inc. 13445W l59th St. Patio Homer Glen IL 60491 JPF-20-318 1210112020 6503 Hillcrest Dr K Brothers Fence, Inc 19008 S. Wolf Road Fence Permit Mokena lL 60448 JRAL-20-320 1211612020 7 N Old Mill LN Synergy Builders, Inc. 850 Meadowview Crossing #13 Residential Alteration West Chicago lL 60527 JRAL-zo-327 1211112020 7552 Ridgewood Ln Ottawa-Prairie Services and El 129 William Residential Alteration Northlake lL 60164 JRAL-20-328 t2ltv2020 8101 Woodside Ln Huizinga Bros Construction 24501 S. Kankakee St Residential Alteration Manhanan lL 60442 JRAL-20-331 1212312020 192 Foxborough PL AMZ Construction Group 7711 Merrimac Residential Alteration Burbank IL 60459 JRES-20-324 1210912020 126 Circle Ridge Dr Sunrun Installation Service 2309 S. Mount Prospect Rd Residential Miscellaneous Des Plaines IL 60018 JRPF-20-314 121r612020 7430 Arbor Av Downes Pool Company 725 W University Dr. Pool and Fence Arlington Heights IL 60004 JRSF-20-329 1212312020 7227 Lakeside CIR McNaughton Development I 15220 Jackson St. Residential New Single Family Burr Ridge lL 60527 JRSF-20-333 12/2312020 11957 Heritage Dr Ebla Builders 406 61st St Residential New Single Family Willowbrook lL 60527 0L/L5/2021, Permits Applied For December 2020

Permit Number Date Applied Property Address Applicant Name & Contact Info Description

TOTAL: 17 ot/7s/2021 Permits Issued Decemb er 2020

Permit Number Date Issued Property Address Applicant Name & Contact Info Description

Value & Sq Ftg

JCA-20-316 1212912020 805 Village Center DR CVG Architects 1245 E Diehl Rd Com Alteration Naperville IL 60563 $ 1,100,000 5,740 lcA-20-3t7 t2/3012020 77 5 Ytllage Center Dr. Kohler Waters Spa & Show Ro 501 Highland Dr. Com Alteration Kohler WI 53044 $ 1,700,000 4,500 IDEK-20-302 1210312020 5942Elm Custom Touch Carpentry 43W834 Morningside Court Deck Saint Charles IL 601 75 $28,000 JDEK-20-303 12t03t2020 4 Brighton Pl Hardscape Inc 5 I 7l Pennywood Drive Deck Lisle IL 60532 $38,000 JDEK-20-304 t2/03/2020 43 1 Westminster Dr Archadeck of Chicagoland 395 W. Northwest Hwy Deck Palatine lL 60067 $ l 1,620 JGEN-20-319 t2/1612020 301 94th Pl ABT Electronics 1200 N Milwaukee Av. Generator Glen View IL 60025 s8,600 JGEN-20-323 12127t2020 8521 Johnston Rd Oakwood Electric & Generator 237 N. Cass Av Generator Westmont IL 60559 JPF-20-309 1212812020 500 Devon Dr Illinois Fence Company 15255 94th Ave Fence Permit Orland ParklL 60462 JPF-20-318 12116/2020 6503 Hillcrest Dr. K Brothers Fence, Inc 19008 S. Wolf Road Fence Permit Mokena lL 60448 $9,657 JPS-20-322 1211612020 l6W36l SouthFrontageR Michaels Signs Inc 3914 S Memorial DR Sign Racine WI53403 JRAD-20-230 t2/0712020 l5w 90 60th sT Dave Knecht Homes LLC 15 Spinning WheelRd., #425 Residential Addition Hinsdale IL 60521 $770,700 10,276 JRAL-2}-327 12/2712020 7552 Ridgewood Ln Ottawa-Prairie Services and El 129 William Residential Alteration Northlake lL 60164 $25,000 197 JRAL-2O-331 t2/28t2020 192 Foxborough PL AMZ Constmction Group TTll Merrimac Residential Alteration Burbank lL 60459 $ 10,000 58 JRE5-20-312 1211612020 114 Circle Ridge Dr Tesla Inc 2201 Arthur Ave Residential Miscellaneous Elk Grove Village IL 60007 $s,s00 JRPE-20-301 1210U2020 6 Morgan Ct Sunrun Installation Services 2309 S. Mount Prospect Rd. Res Electrical Permit Des Plaines IL 60018 JRPF-20-314 12n6t2020 7430 Arbor Av Downes Pool Company 725 W University Dr. Pool and Fence Arlington Heights IL 60004 $ 100,000 at/7s/202L Permits Issued December 2020

Permit Number Dat€ lssued Property Address Applicant Name & Contact Info Description

Value & Sq Ftg

JRSF-20-186 12/0712020 6675 Shady Ln. Crestview Builders 3956 Caliente Circle Residential New Single Family Naperville IL 60564 s2,600,000

TOTAL: 17 Occupancy Certificates Issued December 2020 0yt5/21

co# CertificateofOccuDancyDate OccupantofRecord Address oF20034 12101/20 Jim & Stacey Burek I 1299 W 75th St oF20035 t2/08/20 Gary and Carola Saunders 7258 Lakeside Cir oF20036 t2^4/20 Gary & Christine Eallonardo 6 Shenandoah Ct oF20037 t2/14/20 Ashraf Darwish & Neda Haswah 367 Old Oak Ct oF20038 12/L8t20 Rahul & Khushbu Patel 7224 Lakeside CIR oF20039 12129120 Moncy Chacko 9l6l Garfield Av oF20040 t2130120 Raymond & Patricia Howe 7600 Hamilton Av CONSTRUCTION VALUE OF BUILDING PERMITS - MONTHLY SURVEY 2O2O (Does not include mis.ellaneous Permits) SINGLE FAMII.Y AODITIONS NON- ADDITIONS RESIDENTIAL AI.TERATIONS RESIDENTIAL ALTERATIONS TOTAT FOR MONTH (NEw) (REs) (NEw) (NON-RES) MONTH

JANUARY 5732,600 $8s,ooo 5606,274 5r,423,874 I2l I1l I2l FEBRUARY 51,237,950 544,7OO S9s,6so S1,378,300 t1l 12) t1l MARCH 58s0,000 S3s3,62s s211,s42] 51,,41s,167 I1l 14) t1l APRIL s280,000 S121,oso 54ss,83s s8s6,88s t1l t1l t1l S29,s21 S26,ooo sss,s21 I1l l1l JUNE S1,643,3s0 s248,8s0 52,87o,782 54,762,9A2 I2l I2l t4l IULY 55,o97,25o S100,125 Sso,ooo 5s,247,37s t4l t2l I1l AUGUST 5311,700 5402,425 57t4,125 t1l t3l SEPTEMBER 5828,7s0 S14s,1oo S1,488,133 s2,461,983 12) t3l 12) OCTOBER s2,933,730 s638,700 s3,572,430 I2l I6l NOVEMEER Sl,soo,ooo S194,700 S2G0,368 51,9ss,068 t1t t4l t2) DECEMBER s2,600,000 s80s,700 s2,800,000 S6,205,700 t1l I3l l2l 2020 TOTAT s18,01s,330 $3,r69,496 So 58,864s84 S30,049,410 {181 [32] I77l Village of Burr Ridge New Housing Permits 2019 Compared to 2020

0 rL C fLrL$Lil$il [U II L Jan -a f 2079 3 1 3 2 2 1 3 1 2 2 0 2 22 r 2020 2 1 1 1 0 2 4 7 2 2 1 1 18 Village of Burr Ridge Building Permits lssued 2019 Gompared to 2O2O

360

340

320

300

280

260

240

220

200

180

160

140

L20

100

0 I I II I I I I I I I I Jan II f 2079 21 10 25 2L 30 42 32 30 31 49 13 9 313 2020 T4 7 13 LL 18 47 39 40 34 32 37 L7 309 01/15/2o2L 11i 31 AM Permits Issued December 2O2A Page 1of I Breakdown of Projects by Project Type

Permits lssued December 2020

I Com Alteration I o"* Residential Alterdtion Frnce Pcrmit 2 (rz!tb) I Gencrator Res id ential Addibon ! 1 (5%l Rcsidcntial MisceldEorr I Pool and Fcnce r (6%) I Rcs Ecdrical Permit Res Electrical Permit R.sidrnbalAdditixl 1 (6%) I Rcs identi.l Altrratio n Ncw gnglc I i Resid.ntial Family (5%) Residcntial Miscellancous I I I J Rcsidrnti.l Ncw Snglc Frmily I r Pool and Fence 1 (6%) I

Son *-'r (ix)

Gancrator 2 (12%)

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Deck 3 (1806) From: IML Legislation Subject: Illinois Municipal League Statehouse Briefing - January 11, 2021 Date: Monday, January 11, 2021 4:43:35 PM

January 11, 2021

This edition of the Statehouse Briefing provides updates on the lead service line replacement mandate and policing reforms. The Briefing also provides the status of other proposals currently under consideration by the Illinois General Assembly in the final days of the 101st General Assembly. The 101st General Assembly is scheduled to be in session through the morning of January 13. The 102nd General Assembly will be sworn in at 12:00 p.m. on January 13. The Illinois Municipal League (IML) will provide a comprehensive update of the final actions taken by the 101st General Assembly after it adjourns, as usual. Lead Service Line Replacement Legislation to be Removed As we reported yesterday in a special Statehouse Briefing (available via this link), IML Executive Director Brad Cole testified in both the Senate and House in opposition to the inclusion of a mandated lead service line replacement program that would impose severe economic and administrative burdens on municipalities. As a result of IML’s advocacy, stakeholders and sponsoring legislators have confirmed that the lead service line replacement mandate will not be included in any final legislation considered during the lame duck session, which we will verify. Removing this is a direct result of IML’s forceful advocacy on behalf of its members. Policing Reforms Legislation Update Late Sunday, Senator Elgie Sims (D-Chicago) filed Senate Floor Amendment (SFA) #1 to HB 3653 (available via this link). IML has been told that the legislation is the same as SFA #2 to HB 163 (Sen. Sims, D-Chicago), which is the comprehensive policing reform bill. IML’s summary and tentative positions on the individual provisions of the bill is available via this link. No final positions will be determined until final bill language is reviewed, as we expect some provisions to be modified based on input from IML and other stakeholders.

One provision that IML originally opposed in the legislation was the impact of the Prison Gerrymandering Act on Local Government Distributive Fund (LGDF) revenues. During testimony in the House Judiciary – Criminal Law Committee, IML received clarification that the Prison Gerrymandering Act would not impact municipal revenues. As a result, IML is no longer opposed to that provision. For your further awareness, the Illinois Senate Democratic Caucus is posting videos on their Facebook page (available via this link) advocating for the enactment of policing and other reforms. The Illinois Senate Republican Caucus is also posting videos on their Facebook page (available via this link) raising concerns with policing and other proposals under consideration. IML’s resources on policing reforms are available at iml.org/policingreforms. Other Bills Under Consideration The General Assembly is considering or has already passed various other pieces of legislation. A list of that legislation, as well as a short description and links to either IML’s bill page or the actual text of an amendment, is available below:

· HFA #2 to SB 1480 (Rep. Harper, D-Chicago) (Employment Provisions of Illinois Legislative Black Caucus Economic Equity Legislation) IML Position: Neutral · HFA #2 to SB 1608 (Rep. Harper, D-Chicago) (State Government Provisions of Illinois Legislative Black Caucus Economic Equity Legislation) IML Position: Neutral

· HFA #2 to SB 1980 (Rep. Harper, D-Chicago) (Local Government Provisions of Illinois Legislative Black Caucus Economic Equity Legislation) IML Position: Oppose

· HB 570 (Rep. Hoffman, D-Swansea/Sen. Harmon, D-Oak Park) (Municipal Tax Increment Financing Extensions) IML Position: Support

· HB 782 (Rep. Hoffman, D-Swansea) (COVID-19 Extensions for Public Employees) IML Position: Oppose

· HB 2170 (Rep. Ammons, D-Urbana/Sen. Lightford, D-Maywood) (Illinois Legislative Black Caucus Education Legislation) IML Position: No Position

· HB 2451 (Sen. Martwick, D-Chicago) (Pension Enhancements for Chicago Firefighters) IML Position: Oppose

· HB 4276 (Rep. Moylan, D-Des Plaines/Sen. Cunningham, D-Chicago) (COVID-19 Extensions for Public Employees) IML Position: Oppose

· HB 4945 (Rep. Davis, D-Hazel Crest) (Blighted Areas Act – Repeal) IML Position: Oppose House Speaker’s Race Ongoing As you will see in media reports, the Illinois House Democratic Caucus is currently considering who will serve as Speaker of the House of Representatives in the 102nd General Assembly. Today, Speaker Michael J. Madigan (D-Chicago) announced that he is suspending his campaign, but has not officially withdrawn from seeking to be reelected as Speaker. A full vote of the House of Representatives is required to elect a member of the House to the Office of Speaker. That voting will start shortly after the House of Representatives is inaugurated and convenes at 12:00 p.m. on Wednesday, January 13. Department of Veterans Affairs Director Chapa LaVia Steps Down Governor JB Pritzker announced the resignation of Illinois Department of Veterans Affairs (IDVA) Director Linda Chapa LaVia. This resignation came in light of the COVID-19 outbreaks at Illinois’ state-run Veterans Homes. Illinois National Guard Major General Peter Nezamis has been named to serve as Interim Director of IDVA. The Governor’s press release making the announcement is available via this link. Contact Us

As always, IML staff will continue to monitor any prospective legislative developments and aggressively advocate on behalf of our membership. Should you have any questions, please contact our Legislative Department at (217) 525-1220 or [email protected]. Thank you. If you do not wish to receive information from the Illinois Municipal League via email, please reply to this email, include the words "Please remove from list" along with your name, municipality and email address included in the message. If you have updates to your contact information, please submit them similarly. Thank you. Illinois Municipal League 500 East Capitol Avenue Springfield, IL 62701 [email protected] 217-525-1220 From: IML Legislation Subject: Illinois Municipal League Statehouse Briefing - January 14, 2021 Date: Thursday, January 14, 2021 3:01:35 PM

January 14, 2021

This edition of the Statehouse Briefing provides information about the adjournment of the 101st General Assembly, the Illinois Municipal League’s (IML) advocacy efforts during the final days of the 101st General Assembly and the inauguration of the 102nd General Assembly.

101st General Assembly Adjourns; 102nd General Assembly Convenes On January 13, the 101st General Assembly finished its business and adjourned after a final six-day session, commonly known as a lame duck session. IML’s comprehensive end of session summary of the actions taken during the final days of the 101st General Assembly is available via this link. At 12:00 p.m. on January 13, the 102nd General Assembly was inaugurated and convened to begin their 2021 Spring Legislative Session. The first order of business for both chambers was the election of the General Assembly’s four legislative leaders. In the Illinois Senate, Senator Don Harmon (D-Oak Park) was reelected to serve as Senate President. Senator Dan McConchie (R-Hawthorn Woods) was elected to serve as the Senate Republican Leader. In the Illinois House of Representatives, Representative Emanuel “Chris” Welch (D-Hillside) was elected to serve as Speaker of the House. Welch succeeds Representative Michael J. Madigan (D- Chicago) in the position. Representative Jim Durkin (R-Western Springs) was reelected to serve as House Republican Leader. Policing Reforms Legislation Passes General Assembly The primary focus of the final days of the 101st General Assembly was the consideration of a package of legislation developed and introduced by the Illinois Legislative Black Caucus (ILBC). Perhaps the most significant of the ILBC proposals was the passage of HB 3653 (Rep. Slaughter, D- Chicago/Sen. Sims, D-Chicago), which included various reforms regarding policing and criminal justice. A summary memorandum of the provisions in the final legislation that potentially affect municipal governments is available via this link. IML successfully advocated for the removal of all penalties against the Local Government Distributive Fund (LGDF) that had been in the legislation and maintained the preservation of qualified immunity. Collective bargaining provisions regarding discipline were also removed from the legislation, essentially maintaining the status quo. Issues of misconduct and use of force violations, however, are now disallowed as bargained terms, according to the legislative sponsor’s comments during floor debate in the House. HB 3653 will be sent to Governor JB Pritzker, whose statement on the legislation is available via this link, for his signature and enactment. The legislation takes effect on July 1, 2021. Certain provisions have effective dates after July 1, 2021, and are listed in our summary memo linked above. To see how your specific representative or senator voted on the bill: The Senate roll call for HB 3653 is available via this link. The House roll call for HB 3653 is available via this link. Work Continues on Lead Service Line Replacement Legislation A part of the economic equity provisions of the ILBC agenda, SB 1792 (Sen. Belt, D-East St. Louis/Rep. Harper, D-Chicago) originally included language mandating the replacement of all lead service lines in Illinois. IML opposed the inclusion of the lead service line replacement mandate due to the severe economic and administrative burdens that would have been imposed on municipalities.

Because of IML’s forceful advocacy and convincing testimony given by IML Executive Director Brad Cole in both chambers, the lead service line replacement mandate was removed from SB 1792 prior to its passage.

On January 13, IML hand delivered a letter to both Representative Harper and Senator Belt (available via this link) welcoming broader conversations on the lead service line issue and offering our commitment to work directly with them to address the issue this spring.

2021 Illinois General Assembly Session Schedules

The 2021 Spring Legislative Session schedule for the Illinois Senate is available via this link. Their next scheduled session day is January 26, 2021.

The 2021 Spring Legislative Session schedule for the Illinois House of Representatives is available via this link. Their next scheduled session day is February 2, 2021.

Assistance to Firefighters Grant Program Accepting Applications

The Federal Emergency Management Agency (FEMA) has opened the application for the Assistance to Firefighters Grant (AFG) program. All applications are due by 4:00 p.m. CT on Friday, February 12.

The AFG program provides direct financial assistance to enhance the safety of the public and firefighters with respect to fire and fire-related hazards. Grants from the program can fund the purchase of protective equipment, professional training, modifications to facilities and vehicle acquisitions among other purposes.

More information about the AFG program is available on FEMA’s website via this link.

IHDA Opens Round Five of the Abandoned Property Program

The Illinois Housing Development Authority (IHDA) is now requesting applications for round five of their Abandoned Property Program.

Grant funds may be used for securing, maintaining, demolishing or rehabilitating abandoned residential properties. Completed applications will be accepted until 3:00 p.m. CT on Tuesday, February 16.

More information about the Abandoned Property Program is available on IHDA’s website via this link. Contact Us

As always, IML staff will continue to monitor any prospective legislative developments and aggressively advocate on behalf of our membership. Should you have any questions, please contact our Legislative Department at (217) 525-1220 or [email protected]. Thank you. If you do not wish to receive information from the Illinois Municipal League via email, please reply to this email, include the words "Please remove from list" along with your name, municipality and email address included in the message. If you have updates to your contact information, please submit them similarly. Thank you. Illinois Municipal League 500 East Capitol Avenue Springfield, IL 62701 [email protected] 217-525-1220 From: IML Legal Subject: Illinois Municipal League Legal Bulletin - January 15, 2021 Date: Friday, January 15, 2021 11:06:36 AM

January 15, 2021

IML Legal Bulletin 2021-01 Extended Summary Version

The Illinois Municipal League (IML) provides updated legal information as a service to our members through the Legal Bulletin, a monthly e-newsletter. Each issue contains case summaries to update municipal attorneys on the latest court rulings and other announcements. Some of the cases included in the Legal Bulletin have been featured as Municipal Case Highlights on our legal page at iml.org/legal as the opinions were issued throughout the month. If you have questions or suggestions for the IML Legal Department, please call our office at (217) 525-1220 or email [email protected]. You can find additional legal resources online at iml.org/legal.

Policing Reforms Legislation Passes General Assembly

The 101st General Assembly has now adjourned after conducting their final pieces of business. Legislation on policing and criminal justice reforms, which included police certification, was among the significant actions that passed both chambers. A summary memorandum of the criminal justice reform provisions in the final legislation that potentially affect municipal governments is available via this link.

IML’s 101st General Assembly 2021 End of Session Summary (available via this link), includes more information and summaries of the actions taken during the final days of the 101st General Assembly.

United States Supreme Court

Bankruptcy The United States Supreme Court resolved a split in the Courts of Appeals and determined that an entity that retains possession of property of a bankruptcy estate after the filing of a bankruptcy petition does not violate §362(a)(3) of the U.S. Bankruptcy Code (Code). A debtor in bankruptcy alleged that the City of Chicago (City) violated the automatic stay provisions of the Code when it refused to release a vehicle from the City impound facility that had been seized prior to the filing of the bankruptcy petition. The Court vacated the judgment entered against the City and remanded the case for further proceedings. City of Chicago v. Fulton, No. 19-357 (January 14, 2021).

The State and Local Legal Center (SLLC) filed an amicus curiae brief in support of the City. An SLLC summary of the case entitled Local Governments Win Impounded Car SCOTUS Case is available via this link.

Illinois Appellate Courts

Employee Discipline The Illinois Appellate Court for the First District (Appellate Court) reversed the circuit court’s grant of summary judgment in favor of a City of Country Club Hills (City) police officer, Derrick Charles (Defendant), and reversed the arbitrator’s award that reduced Defendant’s discharge to a written warning. The Appellate Court determined that public policy supported the City’s discharge of Defendant for untruthfulness and remanded the case to the arbitrator with direction to issue an award upholding the discharge. City of Country Club Hills v. Charles, 2020 IL App (1st) 200546 (December 28, 2020).

Municipal Liability The Illinois Appellate Court for the First District (Appellate Court) affirmed the circuit court’s grant of summary judgment in favor of the City of Calumet City (City) on Sally Gary’s (Plaintiff) complaint for wrongful death alleging improper treatment by City paramedics during her daughter’s fatal asthma attack. The Appellate Court determined that there were no issues of material fact supporting willful and wanton conduct on the part of City paramedics and affirmed that summary judgment pursuant to the Emergency Medical Services Systems Act (EMS Act) (201 ILCS 50/3.150(a)) was appropriate. Gary v. City of Calumet City, 2020 IL App (1st) 191812 (December 28, 2020).

Pensions The Illinois Appellate Court for the Third District (Appellate Court) affirmed the denial of the application for a line-of-duty disability pension by the Board of Trustees of the Village of New Lenox Police Pension Fund (Board) that was filed by New Lenox police officer Paul Griffin (Plaintiff). Plaintiff was injured when he slipped and fell off a curb in a parking lot following his subpoenaed testimony before a grand jury. The Appellate Court determined that Plaintiff was not performing an “act of duty” when he was injured and the Board’s decision to deny the line-of-duty pension was not clearly erroneous. The award of a not-on-duty pension was affirmed. Griffin v. Village of New Lenox Police Pension Fund, et al., 2021 IL App (3d) 190557 (January 5, 2021).

Standing The Illinois Appellate Court for the First District (Appellate Court) affirmed the circuit court’s dismissal of the complaint of The Grassroots Collaborative and Raise Your Hand for Illinois Public Education (Plaintiffs). The Appellate Court determined that dismissal was warranted because Plaintiffs’ diversion of resources of their nonprofit advocacy groups to counter the impacts of the City of Chicago’s (City) Tax Increment Financing (TIF) program was an insufficient injury to confer standing. The Grassroots Collaborative, et al. v. City of Chicago, 2020 IL App (1st) 192099 (December 15, 2020).

Illinois Attorney General

Freedom of Information Act The Ogle County Sheriff’s Department (OCSD) denied the records request of Adam Horowitz (Horowitz), who was seeking a copy of a police report from July 2013, that involved the alleged sexual assault of a named minor. Horowitz indicated that he represented the father of the minor who was the victim of the assault, and the records were sought for a civil matter. OCSD denied the request, asserting that section 7(1)(a) of the Freedom of Information Act (FOIA) provided an exemption and they were prohibited from disclosing juvenile reports. (5 ILCS 140/7(1)(a)). The Public Access Counselor (PAC) determined that the OCSD’s response violated FOIA as the report contained information related to the juvenile as a victim, rather than as a suspect or offender, and was therefore not a “juvenile law enforcement record” that was prohibited from disclosure under the Juvenile Court Act. (705 ILCS 405/1-3(8.2)). The PAC directed the OCSD to disclose the requested police report to Horowitz. 2020 PAC 64668 (PAC Op. 20-008, December 21, 2020).

Freedom of Information Act The Danville Police Department (DPD) denied the records request of John Kraft (Kraft), on behalf of the Edgar County Watchdogs, Inc., seeking copies of all police reports and incident reports of the arrest or detainment of a specific individual between September 20, 2020, and September 26, 2020. DPD’s response denied the request pursuant to section 7(1)(d)(i) of the Freedom of Information Act (FOIA) (5 ILCS 140/7(1)(d)(i)). The Public Access Counselor (PAC) determined that DPD’s responses to Kraft and to the PAC failed to demonstrate why disclosure of the responsive records would interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency. The PAC issued a binding opinion requiring disclosure of the requested documents, subject to redaction for “private information” and “personal information” supported by a written denial that identifies the basis for each redaction. 2020 PAC 65678 (PAC Op. 20-009, December 29, 2020).

FCC Issues Orders

The Federal Communications Commission (FCC) issued a Report and Order on January 7, 2021, which updates the FCC’s rule for Over-the-Air Reception Devices (OTARD). This expands FCC restrictions on local regulations that apply to hub and relay antennas that are used for distribution to multiple customer locations, so long as the antennas satisfy other conditions in the rule. The rule now allows a customer’s antenna to be used to retransmit signals to other customer locations. Read the FCC Report and Order here.

The FCC also resolved a challenge to the City of Chicago’s (City) ordinance that restricted satellite dish locations. The ordinance limited the location of satellite dish reception antennas that were visible from the street unless conditions were met. The FCC Declaratory Ruling, issued on January 11, 2021, determined that the City’s ordinance is prohibited by the FCC’s Over-the-Air Reception Devices Rule (OTARD Rule). Read the FCC Declaratory Ruling here.

The IML Legal Bulletin is a monthly publication of the Illinois Municipal League.