Village of Libertyville Board of Trustees met November 28.
Here is the minutes provided by the Board:
President Weppler called to order a meeting of the Board of Trustees at 8:00 p.m. in the Village Hall, 118 West Cook Avenue. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moras, Jay Justice, Scott Adams, Peter Garrity, and Patrick Carey.
New Employee:
Director of Public Works Paul Kendzior introduced Village Engineer, Jeff Cooper. Mr. Cooper is a new employee of the Village of Libertyville.
Employee Recognition:
President Weppler recognized thirty-year employee Jeff Lambert of the Public Works Department.
Items Not On The Agenda:
President Weppler asked if anyone had anything to bring before the Village Board that was not already listed on the agenda. There were no items.
Omnibus Vote Agenda:
The Mayor introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion and there was none.
A. Minutes of the November 14, 2017 Village Board Meeting
B Bills for Approval
C Resolution No. 17-R-214: A Resolution Approving the 2018 PACE Dial-a-Ride Agreement
D. Resolution No. 17-R-215: A Resolution Appointing an IRMA Director and Alternate Director
Ε Resolution No. 17-R-216: A Resolution Approving a Settlement Agreement with Alejandro Cardona Regarding an Appeal of a Police Duty Disability Pension, PEDA Benefits, PSEBA Benefits and a Worker's Compensation Claim
F. Resolution No. 17-R-217: A Resolution Accepting Water Main and Sanitary Sewer Improvements in Park Avenue Corporate Center ReSubdivision #1
G. ARC Report
Trustee Johnson moved to adopt the items listed on the Omnibus Vote Agenda in a single group pursuant to the omnibus vote procedures of the Libertyville Municipal Code, Subject to the conditions identified, if any, in the agenda supplements for such items. Trustee Moras seconded. The Mayor then asked for further questions or comments. Trustee Garrity asked for clarification of the increase in the PACE rates. Deputy Administrator Kelly Amidei explained that Lake County has an existing grant for expanded service, and fees went from $1.00 to $3.00 last year. She added that the grant allows for quantifying ridership, and the Village currently pays between $7,000 to $9,000 annually for the service.
With no further questions or comments, the motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Ordinance No. 17-O-96: An Ordinance Approving the 2017 Property Tax Levy President Weppler explained that at the November 3, 2017 Committee of the Whole meeting, the Village Board reviewed the Multi-Year Financial Plan as well as alternatives for establishing the 2017 tax levy. A Truth in Taxation hearing was held on November 14, 2017 to solicit public input on the proposed levy. After evaluating the alternatives, the Village Board agreed to a 2017 levy of $10,487.222 which after all abatements was $8,007,278 or a 2.4% increase over the 2016 extended levy. This levy includes the road rehabilitation bonds issued in 2012, 2013, 2014 and 2015 that were approved by the 2012 referendum.
The ordinance presented established a 2017 tax levy of $10,487.222. The Mayor asked for Village Board and public questions and comments and there was none.
Trustee Moras moved to approve the ordinance approving the 2017 Property Tax Levy. Trustee Garrity seconded. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Consideration Of Resolutions for Abatement of Taxes for Payment of Principal and Interest: The 2017 Tax Levy includes $2,495,980 for principal and interest payments on the following bond issuances:
•2010A General Obligation Alternate Refunding Bonds and 2010B Taxable General Obligation Alternate Refunding Bonds (Sports Complex, $874,467.50);
• 2010C General Obligation Alternate Refunding Bonds (Sports Complex, $583,475);
• 2012B General Obligation Alternate Revenue Source Bonds (Water & Sewer, $257,500);
•2013B General Obligation Alternate Revenue Source Bonds (Water & Sewer, $298,175);
•2014A General Obligation Refunding Alternate Revenue Source Bonds (Water & Sewer, $320,550); and
•2015B General Obligation Alternate Revenue Source Bonds (Water & Sewer, $161,812.50).
The resolutions presented abate the entire 2017 levies for these bonds. The alternate revenue sources used to pay the debt service on the Sports Complex bonds are Sports Complex revenues supplemented by sales tax. The water & sewer bonds utilize water and sewer charges as their alternate revenue source. The Mayor asked for Village Board and public questions and comments and there was none.
Resolution No.17-R-218: A Resolution to Abate 2010 A & BG.O. Alternate Refunding Bonds
Trustee Moras moved to approve the resolution to abate the 2017 levy for these bonds. Trustee Carey seconded. The Mayor asked for questions or comments and there was none. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Resolution No. 17-R-219: A Resolution to Abate 2010 C G.O. Alternate Refunding Bonds
Trustee Moras moved to approve the resolution to abate the 2017 levy for these bonds. Trustee Justice seconded. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Resolution No. 17-R-220: A Resolution to Abate 2012 B G.O. Alternate Revenue Bonds
Trustee Adams moved to approve the resolution to abate the 2017 levy for these bonds. Trustee Johnson seconded. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Resolution No. 17-R-221: A Resolution to Abate 2013 B G.O. Alternate Revenue Bonds
Trustee Moras moved to approve the resolution to abate the 2017 levy for these bonds. Trustee Garrity seconded. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Resolution No. 17-R-222: A Resolution to Abate 2014 A G.O. Alternate Revenue Bonds Abatement
Trustee Garrity moved to approve the resolution to abate the 2017 levy for these bonds. Trustee Johnson seconded. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Resolution No. 17-R-223: A Resolution to Abate 2015 B G.O. Alternate Revenue Bonds
Trustee Johnson moved to approve the resolution to abate the 2017 levy for these bonds. Trustee Adams seconded. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Ordinance No. 17-O-97: An Ordinance Amending Provisions of the Libertyville Municipal Code Regarding Stormwater Drainage Requirements and Sanitary Sewer Services
President Weppler reported that on September 26, 2017, the Village Board approved Ordinance No. 17-O-81 that established a sixty (60) day building moratorium suspending the issuance of Village building permits for projects that increased impervious Surface coverage. The Ordinance expired on November 27, 2017 and will not be extended.
The moratorium period provided Village staff the opportunity to review requirements and procedures for new construction, reconstruction and remodeling. The changes recommended to Village code and regulations outlined in Phase 1 include:
As part of the permit process:
•Require fences to be installed not to alter existing drainage patterns and to be kept at a minimum of two (2) inches above grade;
•Require that window wells be sealed at the foundation and be constructed to a minimum height of six (6) inches above grade;
• Adoption of a “no alteration of existing grade” statement;
•Require that roof downspouts discharge on grade in the front, rear or corner side yard direction; and,
•Require that new residential and commercial structures on lots with existing sanitary sewer service remove said lines if they are constructed of vitrified clay pipe.
The next phase of staff work does not require a moratorium and will occur in the first six (6) months of 2018 at public hearings with the Plan Commission. The components of private development projects that will be analyzed by staff and will be brought forward include:
•Review of Building and Lot coverage regulations
•Require setbacks for impervious surfaces on single family homes
•Eliminate reduction in side yard setbacks for undersized lots of record
•Eliminate ribbon driveways
•Further cap maximum lot coverage variation requests
Other engineering plan review standards for review include:
•Adopt Bulletin 70 Rainfall intensities, a standard for storm frequencies (requires a public hearing)
•Align Codes for patios/walks/decks
•Define driveway widths min and max
•Codify requirements for off-site improvements
•Possibly propose Consultant Study on overflow routes
The goal is to have all code and engineering related standards that impact private property drainage reviewed and approved for necessary amendments in 2018. Staff recommends approval of the ordinance that was presented to amend provisions of the Libertyville Municipal Code relating to Storm Water Management issues. The Mayor then asked for questions and comments.
Tim Hasbrouck, 224 E. Ellis, asked for clarification of the recommendation stating “no alteration or existing grade.” Public Works Director Paul Kendzior explained that grade changes would be allowed, but any change cannot change the flow of water. He added that an existing topographical Survey would be used, and natural drainage paths cannot be changed.
Lisa Roti, 1212 Victory Drive, asked how these recommendations would keep water off of her property, from surrounding properties. Director Kendzior referred to the Illinois Drainage Law, which prohibits adverse impact on neighbors. According to the Lake County Watershed regulations, he added that the development is responsible for detaining their water. New development/construction must comply with Village approvals.
Kelly Richter, 249 E. Ellis, asked for clarification of sewer hookups for new homes built on older home properties. She asked if there were an inspection process. The Mayor explained that there was no inspection on the sale, but there would be inspection during the building permit phase.
Tim Hasbrouck, 224 E. Ellis, asked about the possibility of a transfer stamp to allow for checking existing pipes for issues. The Mayor stated that few municipalities have inspections included, and they are not popular with residents. Mr. Hasbrouck asked how the Village tests for stormwater infiltrating into the sanitary sewer system. The Mayor explained that smoke testing is completed.
Director Kendzior suggested that residents get involved with Village Staff to share any information regarding water issues which occur before and after building takes place. That way, a review can take place. Ms. Richter asked how often the topographical standards are updated. Director Kendzior stated that the Village is as thorough as possible, and twelve to fifteen areas would be identified by an engineering study.
The Mayor asked if downspouts could go directly into the sewer. Director Kendzior stated that the preferred option is to let the ground soak up the water, but there are times when water may be directed to the stormwater System.
Trustee Justice moved to approve the ordinance amending provisions of the Libertyville Municipal Code regarding stormwater drainage requirements and sanitary sewer Services. Trustee Johnson seconded. The Mayor asked for further questions or comments and there were none. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Resolution No. 17-R-224: A Resolution Approving Lake County Stormwater Management Commission Petition for Certification
The Village of Libertyville adopted the amended Lake County Watershed Development Ordinance (WDO) in 2012, which established rules and regulations for stormwater management and developments within floodplains and wetlands. The Lake County Stormwater Management Commission (SMC) allows municipalities to apply for Certified Community status, providing the municipality the authority to administer the requirements of the WDO within its limits. The Village of Libertyville is currently recognized as a Certified Community.
The SMC requires that each municipality apply for re-certification as a Certified Community every five (5) years. In order to continue this status, the Village is required to provide a full application packet to the SMC no later than December 5, 2017. As part of this package, the SMC requires the Petition for SMC Certification form to be executed by the Village President and Village Clerk.
Staff recommended adoption of the resolution of the resolution to approve and authorize the Village’s execution of the Petition for SMC Certification form in order for the Village to remain a Certified Community. The Mayor asked for Village Board and public questions and there was none.
Trustee Adams moved to approve the resolution to approve Lake County Stormwater Management Commission Petition for Certification. Trustee Garrity seconded. The Mayor asked for further questions or comments. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Resolution No. 17-R-225: A Resolution Approving a License Agreement at 418 Carter Street for a Shared Storm Sewer Service Line (deferred from November 14, 2017)
The property owner at 418 Carter Street received approval for a stormwater management system to comply with the Village’s Watershed Development Ordinance requirements as part of the construction of an addition to a single-family residence. In order to connect the system to the nearest Village storm sewer, it is necessary for the property owner to make a connection to the existing private storm sewer line that is located in the parkway and extends to the existing Village storm sewer located at the corner of Carter Street and Rockland Road.
This item was deferred from the previous Village Board meeting due to parkway lawn restoration concerns at 428 Carter Street. A family member of the property owner at 428 Carter Street had additional questions and the Village Board requested the item be deferred until the questions could be answered. Staff has spoken with the property owner's son (speaking on behalf of the property owner) at this address and indicated that the restoration at this location has not been finalized and will be completed in the spring by the property owner at 414 Carter Street, who initially installed the storm sewer service line. Clean-out lids will also be replaced at this time with more suitable lids that are flush with the surface to address the tripping concerns. The representative of 428 Carter Street appears to be satisfied with this resolution. Staff will review the restoration work in the Spring.
The existing private storm sewer line was authorized and installed in accordance with the license agreement between the Village and the owner of the property at 414 Carter Street. The license agreement authorizes the proposed connection by the owner of the property at 418 Carter Street. Documentation for the correction will be recorded. The license agreement has been executed by the property owner. Staff recommended approval of the Resolution to approve the license agreement. The Mayor asked for Village Board and public questions and comments and there was none.
Trustee Carey moved to approve the resolution approving a License Agreement at 418 Carter Street for a shared storm sewer service line. Trustee Johnson seconded. The Mayor asked for further questions or comments and there was none. The motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Moras, Justice, Adams, Garrity, And Carey
Nays: None
Petitions And Communications:
President Weppler announced the following:
•The 12th Annual Mayor's Breakfast will be held at 7:30 a.m. to 9:00 a.m. on Thursday, December 7, 2017 at Innovation Park Lake County, 600 N. US Highway 45, Libertyville
•The Plan Commission/Zoning Board of Appeals will meet at 7:00 p.m. on Monday, December 11, 2017
•The Historic Preservation Commission will meet at 4:00 p.m. on Tuesday, December 5, 2017
• The Parks and Recreation Committee will not meet at 6:00 p.m. on Tuesday, December 5, 2017
•The Village Board will meet as a Committee of the Whole at 6:00 p.m. on Tuesday, December 5, 2017
• The Water and Sewer Committee will meet at 7:00 p.m. on Tuesday, December 12, 2017
•The Village Board will meet at 8:00 p.m. on Tuesday, December 12, 2017
Trustee Garrity noted the excellent tree lighting event held at Cook Park.
Village Administrator Update - Administrator Chris Clark noted items for the upcoming Committee of the Whole, which included: a park management plan, Swimming pool management plan, Metra update, garbage contract, Dial-a-Ride, SSA levy, and a liquor license.
Executive Session:
President Weppler noted the need for the Village board to meet in Executive Session for discussion of the following:
A. Closed Meeting Minutes: Review 5 ILCS 120/2(c)(21)
B. Personnel: Collective Bargaining 5 ILCS 120/2(c)(2)
C. Personnel: Appointment, employment, compensation, discipline, performance or dismissal of specific employees 5 ILCS 120/2(c)(1)
Trustee Johnson moved to go into Executive Session at 8:41 p.m. Trustee Justice seconded, and the motion carried on roll call vote as follows:
Ayes: Trustees Johnson, Justice, Adams, Garrity, And Carey
Nays: None
Absent: Trustee Moras
Adjournment:
The Board returned to the regular meeting at 10:05 p.m., and with no further business, Trustee Carey moved to adjourn, Trustee Johnson seconded, and the motion carried on a unanimous voice vote.
http://www.libertyville.com/AgendaCenter/ViewFile/Minutes/_11282017-923
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