At a recent meeting, the Mettawa Village Board discussed funding and collaboration options for a proposed water-main extension.
Below are the minutes from this meeting, as provided by the board.
MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD
OF TRUSTEES OF THE VILLAGE OF METTAWA, ILLINOIS, HELD AT
THE HOUR OF 7:30 P.M. ON JULY 19, 2016 IN THE COTTONWOOD
ROOM OF THE HILTON GARDEN INN HOTEL, 26225 N.
RIVERWOODS BOULEVARD, METTAWA, ILLINOIS
A. CALL TO ORDER
Mayor Urlacher called the meeting to order at 7:30 p.m.
B. ROLL CALL
Upon a call of the roll, the following were:
Present: Trustees Armstrong, Brennan, Maier, Pink, Sheldon, Towne and Mayor Urlacher
Absent: None
Mayor Urlacher declared a quorum present.
Also present: Village Administrator Bob Irvin; Scott Anderson, representative of the firm
of James Anderson Company, Village Attorneys Jim Ferolo and Greg Smith
of Klein Thorpe & Jenkins, Ltd., Village Treasurer Pam Fantus and
Financial Consultant Dorothy O’Mary
C. APPROVAL OF MINUTES:
Regular Meeting of the Board: June 21, 2016
It was moved by Trustee Maier and seconded by Trustee Sheldon that the minutes of the
Regular Meeting of June 21, 2016 be approved as presented.
Upon a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Maier, Pink, Sheldon and Towne
Nay: None
Absent: None
Mayor Urlacher declared the motion carried and the minutes approved and placed on file.
D. APPROVAL OF BILLS
1. Bills Submitted for Payment
Trustee Maier reported the total amount for payment is $240,500.99. It includes a bond
interest payment of $60,581 for the 2011 General Obligation Bond. Most of the other bills
are related to the normal operation of the Village.
It was moved by Trustee Maier and seconded by Trustee Brennan to approve payment of
the bills.
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 2 of 10
Upon a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Maier, Pink, Sheldon and Towne
Nay: None
Absent: None
Mayor Urlacher declared the motion carried.
E. TREASURER’S REPORT
Presentation of the Treasurer’s Report for the Month of June, 2016.
It was moved by Trustee Brennan, seconded by Trustee Sheldon that the Board
acknowledges receipt of the June, 2016 Treasurer’s Report and place it on file.
Upon a call of the roll, the following voted:
Aye: All
Nay: None
Absent: None
Mayor Urlacher declared the motion carried.
F. COMMUNICATIONS AND PETITIONS FROM THE PUBLIC: none
G. COMMISSION AND COMMITTEE REPORTS FOR DISCUSSION,
CONSIDERATION AND, IF SO DETERMINED, ACTION UPON
1. Finance Committee
a. Other Matters
Trustee Maier reported that the annual property tax rebate forms had been mailed to
all residents. The Committee is reviewing various costs of services to maintain our
services and that will continue at future meetings.
2. Public Works Committee
a. Update on a Potential Water Main Extension in the Village
Trustee Armstrong reported that we are looking into forming an SSA with other
governmental bodies for the area at the north end of St. Marys Road. The cost
estimate for the project is higher now and there are 10 additional properties outside
the Village that could be included to reduce the overall cost for everyone. A meeting
with the Lake County Public Works Director and Mayor of Green Oaks is needed to
discuss the possibility of working together. Village Administrator Irvin reported that
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 3 of 10
he contacted Peter Kolb, the Director of Public Works for Lake County regarding the
potential project. Mr. Kolb said that his recommendation to the County Committee
would be to not get involved in such a project since it is mainly for properties in
municipalities. Additionally, they have been involved in projects like this in the past
that did not move forward and were left with incurred costs.
b. Update on Bradley/Old School Drainage Issues and Resurfacing Project
Trustee Armstrong reported that the drainage improvements will be incorporated into
the Old School Road resurfacing project later this year. We will be obtaining an
easement from St. Basil’s Church for the project. We have also started other drainage
improvements along Old School Road in advance of the resurfacing project.
c. Update on the Old School Road Resurfacing Project
Trustee Armstrong reported that the project will be done later this year. He added
that the damaged area near the railroad crossing will be repaired tomorrow. The
heavy truck traffic related to the berm construction will end by October 1st. Trustee
Towne asked when the bids will be opened for Old School Road. Village
Administrator Irvin said they will be opened on August 8th, followed by the Public
Works Committee review on August 10th and Village Board on August 16th
.
d. Update on the Village Hall Survey Results
Trustee Armstrong reported that we received a 55.2% response rate. In favor or the
status quo were 139 and for building a Village Hall, there were 84. It is about a 63%
to 37% result.
3. Parks and Recreation Committee
a. Recommendation to Approve the Waiving of Sealed Bids and Approving an
Agreement with R.A. Mancini for the Oasis Park Trail Relocation Project in an
Amount Not to Exceed $117,500, Subject to Clarification to the Village Engineer
of the Proposal Meeting the Plan Specifications
Trustee Sheldon reported that bids had previously been rejected for this project due to
the high cost, but a lower cost had been provided by R.A. Mancini. However, there
are a few issues that needed to be resolved in their proposal. Village Administrator
Irvin said R.A. Mancini has provided confirmation that their proposal does meet the
bid specifications, with all elements included. They have provided the signed
documentation for the proposal. They are amenable to locking down the window of
time to complete the project within two months of beginning the project. Village
Engineer Anderson said they will likely do the project next year after we received the
Army Corps of Engineers approval for the wetland areas.
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 4 of 10
b. Other Matters
Trustee Sheldon reported that the maintenance improvements to Whippoorwill Park
are continuing to come along. Mayor Urlacher said that he had received several
compliments about Whippoorwill Park and thanked the Committee for their work.
4. Safety Commission
a. Discussion of Potential Changes to the Village’s Solicitation Regulations
Trustee Pink reported that since the last meeting where the review and potential
updates to the Village’s solicitation regulations was discussed, several things have
occurred. A resident was approached by someone claiming to need information for a
fence installation for property line issues and while she was distracted in the backyard
with him, she later discovered that someone had entered the house and gone through
drawers. Nothing appeared to have been taken, but they may not have had enough
time in the house.
Trustee Pink said we have reviewed the solicitation regulations in the Village Code
and while some changes can be made, we have to be aware of the free speech of other
people. The suggested changes to the regulations were sent to the Village Attorney to
review and he provided recommendations for the changes that could be made. In
addition to his recommendations, she suggested that we make changes to the days and
hours for solicitation by not permitting it to occur before 9:00 a.m. and after 5:00
p.m., Monday through Saturday and at any time on Sundays and State and National
holidays, except by charitable organizations, whose hours would not be permitted
before 9:00 a.m. and after 9:00 p.m., Monday through Friday and after 6:00 p.m. on
Saturday and at any time on Sundays and State and National holidays. Village
Attorney said we should add political and others not seeking money. We can have
hours for these types of solicitation, but cannot require them to register with the
Village. He added that we could limit the hours for commercial solicitation and if we
were ever challenged on the matter, we could expand the hours back to the current
code. He said that he will incorporate the changes into an ordinance for the next
meeting. Trustee Pink said the goal was to limit the commercial solicitation of
residents after dark.
Trustee Towne said that solicitation is usually when someone parks their car and
walks down a street going door to door. Since Mettawa is more of a large lot, rural
village, it is more of a safety issue with solicitors going on private property with long
driveways. He asked if there is something that can be added to the regulations to
improve the safety of our residents. Village Attorney Smith said that if we were
challenged on our code, we could use the rural nature of the community to defend our
regulations.
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 5 of 10
Village Engineer Anderson asked about the use of no solicitation signs. Village
Attorney Ferolo said that section would remain in the code and he said the signs
could be placed at their driveway entrances. He added that no trespassing signs could
be placed which would not allow any type of solicitor on the property.
Trustee Pink said there is also the issue of what type of signs can be placed on
properties. Village Administrator Irvin advised the current code and signs that were
obtained by the Village read “no solicitors invited” on one side and the other side
reads, “only solicitors registered with the Village Administrator invited”. The signs
are not very attractive and he question why someone would want to use the “only
registered” side of the sign. Village Attorney said the signs have to be large enough
to be visible and there should have uniformity with them. Village Engineer Anderson
said there was a section in the code that allowed signs of a certain size at the end of
driveways. Trustee Pink said we could consider providing the signs to residents and
perhaps at the Village Picnic. Village Administrator Irvin said he did not know if
there was enough time between the next Board meeting and the picnic to obtain the
signs. He also suggested that we change the language to read “no solicitors”, rather
than “no solicitors invited”. There was discussion about having uniformity to the
signs, but more discussion would take place after a review of the draft ordinance.
6. Zoning, Planning and Appeals Commission
Mayor Urlacher advised that there is a continuation tomorrow night at 7:00 p.m. of
the public hearing from last week’s ZPA meeting for the proposed text amendment
and amended special use for the Always Faithful Stables.
H. BUSINESS FROM THE BOARD FOR DISCUSSION, CONSIDERATION AND, IF
SO DETERMINED, ACTION UPON:
1. Mayor’s Report
a. Village Picnic
Mayor Urlacher reminded everyone of the Village Picnic scheduled for August 27th
,
from 11:00 a.m. to 2:00 p.m., rain or shine.
b. Village Clerk Update
Mayor Urlacher reported that he and the Village Administrator interviewed three
candidates for the Village Clerk position today. Additional candidates will be
interviewed in the coming weeks. We received over 90 applications.
c. Building Report
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 6 of 10
Mayor Urlacher thanked Village Engineer Anderson for the monthly Building Report
and asked that it be placed on file.
d. Village Administrator’s Report
Village Administrator Irvin reported that he had provided background information
about the St. Basil’s Church’s interest in expanding their building and changes to the
Village’s zoning code that does not allow them to seek a variation for a building
expansion. He said that church officials had requested feedback on whether the
Board would consider amending the zoning code to permit them to seek a variation
for an expansion. They understand the change in the code would only allow them to
apply for a variation and there is not guarantee of receiving the variation. After
discussion, the Board asked for the church to provide their preliminary plans for
review and to continue the discussion at a future meeting.
2. UNFINISHED BUSINESS
a. Approval of the Reinstatement and Amendment of the Declaration of
Covenants, Conditions and Restrictions for the Deerpath Farm Subdivision
It was moved by Trustee Maier, seconded by Trustee Maier, to remove from the table,
approval of the reinstatement and amendment of the Declaration of Covenants,
Conditions and Restrictions for the Deerpath Farm Subdivision
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Maier, Pink and Towne
Nay: None
Abstain: Trustee Sheldon
Absent: Trustee Armstrong
Mayor Urlacher declared the motion carried.
It was moved by Trustee Brennan, seconded by Trustee Maier, approval of the
reinstatement and amendment of the Declaration of Covenants, Conditions and
Restrictions for the Deerpath Farm Subdivision.
Attorney George Covington representing Deerpath Farms explained that they were
requesting two amendments to the CCRs. One is to collect fees and expenses if they
prevail in a lawsuit to enforce the declarations, which is standard language in
covenants of declaration. It was omitted when the CCRs were first approved in 2004.
The other amendment would allow lots 42 and 43, two five acre lots located at the
western edge of the property to be subject with respect to use issues to be regulated as
other five acre lots in Mettawa. It mainly has to do with domestic animals that can be
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 7 of 10
maintained on the properties. The litigation involved in the subdivision has been
subject to lengthy settlement negotiations and the settlement has been agreed to by a
substantial majority of the residents in the subdivision. Village Attorney Ferolo asked
Mr. Covington to confirm that the amendments sought were to the 2004 CCRs and
that the 2015 CCRs would be vacated and the 2004 CCRs were to be reinstated. Mr.
Covington confirmed that they would. Village Attorney Ferolo advised the Village
Board that the CCRs required the Village Board to approve the changes sought by
Deerpath Farms. He said the settlement agreements include issues of assessments and
that nine of the fourteen owners had approved them. Mr. Covington said that another
resident had signed the settlement agreement bringing the number to ten.
Trustee Towne said he understood there was some resident opposition to the
settlement and asked if there was anyone in the audience who could summarize why.
Resident Ron Lapins said the number one concern were the changes made to the
CCRs last year without anyone’s knowledge. He said that the Village Board has the
fiduciary responsibility to determine if the amendments to the CCRs are for the
benefit of all of the homeowners. Resident Marguerite Clark Zamalo, said there was
no transparency with the changes made in 2015. She said that they were not aware of
the settlement agreements. She does not have enough information to determine if the
amendments should be approved. Trustee Towne questioned why the Village Board
should be involved in approving amendments to the CCRs that are part of a
settlement agreement in a lawsuit. Village Attorney Ferolo said that it was part of the
entire settlement agreement to add the amendments and the Village Board has to
approve these types of amendments to the CCRs. He added that the Board is not
required to approve the reinstatement and amendments. It could file litigation seeking
to invalidate the 2015 amendments. Trustee Towne asked if the four owners who
have not approved the settlement agreements could get together with the developer in
order to reach some accord. Mr. Covington said that Rick Phillips has offered to meet
with all of the residents. Trustee Towne said he did not see any urgency with the
changes and suggested that they meet. Mrs. Zamalo said she was not provided with
any details on the actions that had taken place, only provided with a copy of the settle
agreement with no explanation. She suggested that the 2004 CCRs be reinstated and
the amendments dealt with separately.
Resident Lisa Rose said that she just sold her property in Deerpath Farms. She said
the changes made to the CCRs in 2015 should not have been made. She added that
the amendments only treat lots 42 and 43 differently since they are 5 acres properties
and the other protects the HOA in enforcing the covenants of the subdivision. It
benefits all of the homeowners in the subdivision. Resident Patricia Cork said a
majority of the residents have approved the settlements and changes. She added that
there is an elected HOA Board, but not everyone is happy with it. Resident Mark
Jacob said that this is all about fairness. He said the developer has all of the votes and
can implement what he wants to implement. He said that they had no representation
of involvement in the settlement negotiations. He said these issues need much more
discussion.
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 8 of 10
Rick Phillips, developer of Deerpath Farms said there was a neighborhood meeting
held on January 16th of this year to discuss the dues issue. At that meeting, he offered
to meet with the chosen committee of the homeowners to negotiate a settlement to
include the payment of future dues and the offer was turned down. The legal
complaint was issued and we begin legal settlement negotiations. There were six
months of meetings and legal expenses and an agreement was reached with Mr.
Juhrend. The settlement includes the two minor amendments to the CCRs and there
are ten owners in agreement with the settlement and changes. Although the CCRs do
not require approval of owners until 30 lots are sold, we thought it was best to show
that we have a majority of the owners in favor of the amendments and settlements.
Resident Joe Krusinski said he was the first purchaser of a lot in Deerpath Farms in
2006. He questioned at many meetings why there is a disparity in the payment of
homeowners’ dues between the sold and unsold lots. We were told that it is spelled
out in the CCRs. Over time, there were shortfalls in the maintenance accounts and
additional funds were paid by the developer to make up the shortfall. However, the
payments ended after several lots were paid. This issue and others were discussed at
a homeowners meeting. The results of the meeting were the need for more
transparency with regard to HOA and reserve expenses, that Deerpath Farm would
pay each share of the homeowners due going forward and that the illegally changed
CCRs in 2015 would be extinguished and the 2004 ones would be reinstated. Things
deteriorated after the meeting, and Art Juhrend filed the lawsuit. A review of the
2015 CCRs revisions indicate that 59 changes were made. He agreed to the
settlement since it provides for the developer to pay dues into the maintenance funds.
The amendments to the CCRs were added late in the negotiation process. He said he
would love to see this 10 year issue come to a conclusion. He did not think a meeting
with the four residents who have not agreed to the settlement and changes would
likely move them one way or another.
Mayor Urlacher said the Village Board could table the matter, discuss litigation to
have the 2004 CCRs reinstated without amendments, or approve the request for
reinstatement and two amendments.
Resident Cathy Murphy asked the Village Board to approve the reinstatement with
the amendments. She has agreed to the changes, it is a fair settlement and we would
like to get this behind us.
Trustee Pink asked if there is a provision in the CCRs that requires all of the owners
to agree to the changes and Village Attorney Ferolo said there is no such provision.
She added that she thought there were two separate issues here. Trustee Brennan said
that if a majority of the residents feel it should be settled, it is their community and if
they want peace, it is up to the Board to go with the majority. Trustee Maier said that
if we go back to the original covenants without the amendments, if a homeowner is
out of compliance, the HOA would have to litigate and it they prevail, they have no
recourse to get their money back. Therefore, all homeowners, whether they liked it or
not, would have to pay their prorated share of the legal bills. The amendment would
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 9 of 10
at least give them the chance to recoup their cost. Since a majority of the
homeowners are in agreement with it, he suggested that the Board approve it and get
it over with. Trustee Towne said that if the 2015 changes were not made, would a
lawsuit have been made. George Covington said likely not, but he could not be
certain. Trustee Towne agrees with majority rules, but he doesn’t know why the
developer to would not have another meeting. Resident Joe Krusinski did not think it
would change anything. Trustee Towne said was bothered by the fact that the
developer made the 2015 changes when he had been previously told by the Village
that we would not approve the changes. Trustee Armstrong asked if the Board
approved the two amendments, would there be any legal harm to the objectors.
Resident Marguerite Clark Zamalo said that she wasn’t sure about the legal issues,
approval would be condoning actions taken by the developer and would not improve
the transparency. Resident Linda Gardner Phillips said that she lives on lots 42 and
43 with her husband, the developer of the subdivision. She said that they have gone
out of their way to solve problems with the least amount of damage.
Trustee Pink asked the Village Attorney if he believed anything illegal was done when
the changes were made to the CCRs in 2015. He said that the changes should have
been approved by the Village and we believe that they are invalid. The attorney for
the developer does not agree with our position. We only found out about the 2015
changes about six months after they were changed. He added that it is important for
the homeowners to have clarity about which CCRs they must follow. Village
Attorney Ferolo asked Mr. Covington if the changes to lots 42 and 43 only affected
the domestic animal provision of the Village Code and Mr. Covington said that is
correct. He added that there were no changes to the assessments paid by those two
lots.
Trustee Brennan suggested that a vote be taken on the motion.
Mayor Urlacher said it is a difficult decision and he does not like to see the animosity
in the neighborhood or the Village Board placed in the middle to approve the changes.
There are ten residents who have agreed to the changes and want to see this move
forward.
Upon a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Maier and Mayor Urlacher
Nay: Trustees Pink and Towne
Abstain: Trustee Sheldon
Absent: None
Mayor Urlacher declared the motion carried.
3. NEW BUSINESS
Minutes of the Regular Meeting -July 19, 2016
Mayor and Board of Trustees
Village of Mettawa
Page 10 of 10
a. Approval of the Waiving of Sealed Bids and Approval of an Agreement with R.A.
Mancini for the Oasis Park Trail Relocation Project in an Amount Not to Exceed
$117,500, Subject to Clarification to the Village Engineer of the Proposal Meeting the
Plan Specifications
It was moved by Trustee Towne, seconded by Trustee Maier, to approve the waiving
of sealed bids and approval of an Agreement with R.A. Mancini for the Oasis Park
Trail Relocation Project in an amount not to exceed $117,500, subject to clarification
to the Village Engineer of the proposal meeting the plans specifications.
Upon a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Maier, Pink, Sheldon and Towne
Nay: None
Absent: None
Mayor Urlacher declared the motion carried.
I. EXECUTIVE SESSION
J. CALL TO RECONVENE
K. ROLL CALL
L. MATTERS REQUIRING ACTION ARISING AS A RESULT OF THE EXECUTIVE
SESSION
M. ITEMS TO BE REFERRED
N. FOR INFORMATION ONLY
O. ADJOURNMENT
With no further business to conduct, it was moved by Trustee Brennan seconded by Trustee
Sheldon that the meeting be adjourned.
Upon a call of the role, the following voted:
In Favor: All
Opposed: None
Mayor Urlacher declared the motion carried and the meeting adjourned at 9:25 p.m.
Bob Irvin, Deputy Village Clerk
Alerts Sign-up