Village of Lake Bluff Board of Trustees met July 23.
Here is the minutes provided by the Board:
1. CALL TO ORDER AND ROLL CALL
Village President O’Hara called the meeting to order at 7:00 p.m. in the Lake Bluff Village Hall Board Room, and Village Clerk Joy Markee called the roll.
The following were present:
Village President: Kathleen O’Hara
Trustees: Barbara Ankenman
Mark Dewart
Eric Grenier
Paul Lemieux
William Meyer
Absent: Aaron Towle
Also Present: Joy Markee, Village Clerk
Peter Friedman, Village Attorney
Drew Irvin, Village Administrator
Bettina O’Connell, Finance Director
David Graf, Fire Chief
David Belmonte, Police Chief
Jeff Hansen, Village Engineer
Mike Croak, Building Codes Supervisor
Glen Cole, Assistant to the Village Administrator (A to VA)
2. PLEDGE OF ALLEGIANCE
President O’Hara led the Pledge of Allegiance.
3. OATH OF OFFICE
President O’Hara swore in Police Officer Alexander Vanderlinden
4. CONSIDERATION OF THE MINUTES OF THE JULY 9, 2018 VILLAGE BOARD MEETING
Trustee Grenier moved to approve the July 9, 2018 Board of Trustees Regular Meeting Minutes as amended. Trustee Dewart seconded the motion. The motion passed on a unanimous voice vote.
5. NON-AGENDA ITEMS AND VISITORS
President O’Hara stated the Village President and Board of Trustees allocate fifteen minutes for those individuals who would like the opportunity to address the Village Board on any matter not listed on the agenda. Each person addressing the Village Board of Trustees is asked to limit their comments to a maximum of five (5) minutes.
David Barkhausen, Chair of the Lake Bluff/Lake Forest Rotary Club Clean Communities Coalition, explained the purpose of the committee and provided information regarding its campaign slogan materials (litter bags, stickers, etc.) and Adopt-A-Roadway program.
6. ITEM # 5 – VILLAGE BOARD SETS THE ORDER OF THE MEETING
At the request of those present, Trustee Meyer moved to take Agenda Item #14, Consent Agenda (Items #11, #12 and #13), Agenda Item #20, and #17 then return to the regular order of the meeting. Trustee Lemieux seconded the motion. The motion passed on a unanimous voice vote.
7. ITEM #14 – A RESOLUTION HONORING THE PUBLIC SERVICE OF ASSISTANT FIRE CHIEF BILL GOODMAN
President O’Hara stated Lake Bluff is a volunteer community and public recognition of such volunteers honors the recipient, family members and community. She thanked the volunteers for their service on behalf of the Village Board and citizens of Lake Bluff. President O’Hara then read the resolution honoring the Public Service of Assistant Fire Chief Bill Goodman and presented him with a framed copy of the resolution and a certificate from the Fire Department.
Assistant Fire Chief Goodman said family is the unsung heroes and volunteerism is the reason Lake Bluff is such a great community. He stated it is an honor and privilege to serve on the Lake Bluff Fire Department.
Following the presentation, President O’Hara allowed a brief intermission to allow people an opportunity to leave the meeting.
8. ITEMS #11, #12 AND #13 – CONSENT AGENDA
President O’Hara introduced the following Consent Agenda items for consideration:
11. Correspondence Delivered in the July 8 and 13, 2018 Informational Reports; 12. Second Reading of an Ordinance Amending the Lake Bluff Zoning Regulations to Establish Veterinary Services for Animal Specialties as a Special Use in the L-1 Light Industry District; and 13. Second Reading of an Ordinance Granting a Special Use Permit to Forest Bluff Animal Hospital and J.F. McCarthy Inc. to Operate a Veterinary Services for Animal Specialties and Dog Daycare, Boarding, Grooming and Training Business in the Village’s L-1 Light Industry Zoning District.
Trustee Grenier moved to approve the consent agenda. Trustee Ankenman seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Ankenman, Dewart, Grenier, Lemieux, and Meyer Nays: (0) Absent: (1) Towle
Trustee Dewart moved to adopt the aforementioned resolution (agenda item #14). Trustee Meyer seconded the motion. The motion passed on a unanimous voice vote.
9. ITEM #20 – AN ORDINANCE GRANTING A VARIATION FROM THE VILLAGE’S FRONT YARD SETBACK RESTRICTIONS (673 Maple Avenue)
President O’Hara reported at its July 9 meeting, the Village Board of Trustees designated the residence located at 673 Maple Avenue as a historic landmark upon the recommendation of the Historic Preservation Commission (HPC). At that time, it was noted that an application for front yard setback relief for the same property would be considered by the Joint Plan Commission and Zoning Board of Appeals (PCZBA) at its July 18 regular meeting. She further reported in their application for zoning relief, the Petitioner asserts that a 20-foot, 6-inch variation from the Village’s front yard setback regulations is necessary to allow the reconstruction and expansion of a previous addition that is not compatible with the historic structure. The application also notes the zoning lots irregular shape, the ravine that runs through the lot, and the distance of the principal structure from other structures as contributing to the unique hardship asserted to exist at 673 Maple Avenue.
President O’Hara reported after conducting a public hearing at its July 18 regular meeting, the PCZBA evaluated the application in view of the standards for variation and unanimously recommended that the Village Board grant the requested relief. Additionally, at its June 13 regular meeting the HPC: (i) found that the proposed work was not inconsistent with the Historic Preservation Ordinance; (ii) discharged the property from the advisory review necessary for changes to historic structures; and (iii) recommended that the Village Board grant the requested relief. She further reported due to the cancellation of the Board’s August 13 regular meeting, the Petitioner has requested the Board waive second reading and approve the ordinance this evening.
President O’Hara said she is glad the house was placed on the historic register because it is a wonderful example of a mid-century modern home.
Trustee Dewart moved to approve first reading of the ordinance. Trustee Lemieux seconded the motion. The motion passed on a unanimous voice vote.
Trustee Grenier moved to waive second reading of the ordinance. Trustee Dewart seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Dewart, Grenier, Lemieux, Meyer and Ankenman Nays: (0) Absent: (1) Towle
10. ITEM #17 – A RESOLUTION APPROVING A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC (Phase 1 Design Agreement for Green Bay Road Reconstruction Project)
President O’Hara reported the Village plans to pursue federal funding through the Surface Transportation Program (STP) for the reconstruction of the Village owned segment of Green Bay Road from the intersection of Green Bay Road and State Highway 176 to the southern Village limit. The next round of STP funding is expected to be opened in January of 2020 and having Phase I & II completed prior to that time will make the project more likely to receive funding. If the project is awarded STP funding, 80% of eligible construction project costs will be paid with federal dollars with construction likely to occur in 2021 or 2022. She further reported the project scope includes a full reconstruction of the roadway, new curb and gutter, significant storm sewer and sidewalk work, and smaller amounts of sanitary sewer and water main work. Work on the bridge over the Union Pacific Railroad track is excluded from this project and has been budgeted separately for completion in the current fiscal year.
President O’Hara reported the Village requested qualified engineering firms submit a Statement of Qualifications (SOQ) for performing the Phase I and Phase II work for the project. Three firms submitted SOQs and Village personnel determined the most qualified firm is Baxter & Woodman Inc. of Crystal Lake, Illinois. Baxter & Woodman subsequently submitted a proposal to complete Phase I of the project for a fee not to exceed $162,200. The FY19 and FY20 budget contains $260,000 for Phases I & II of the project. She further reported an agreement for Phase II will likely be brought to the Village Board in late 2018 as information gained in Phase I clarifies the needed scope and level of effort required for Phase II. At this time it is expected that Phase II engineering may cost approximately $140,000. It is recommended that the board approve the Phase I proposal from Baxter & Woodman Inc. for an amount not to exceed $162,200.
Village Engineer Jeff Hansen stated the Phase II contract will likely occur in the Spring of 2019. The reconstruction segment of Green Bay Road is an intense project and Staff desires to engage an engineering firm that will guide the Village through the federal funding process. Village Engineer Hansen stated Lake County is in the process of changing its STP funding procedures and has not defined its parameters nor determined how funding will be scored in 2020. He introduced John Ambrose, President of Baxter & Woodman Inc. and Dan Shug, Senior Transportation Engineer to the Board.
Mr. Shug provided information regarding the federal funding process and conceptual items associated with each phase of the project. He said depending on funding, it is anticipated that Phase I will commence in 2018, Phase II in 2019 and Phase III either in 2021 or 2022.
Trustee Lemieux asked why the project has to be done. Village Engineer Hansen said if not completed the pavement and curbs will continue to deteriorate. There are significant drainage issues on Green Bay Road which the resurfacing project does not address. Also, the drainage study will provide information to ensure the appropriate drainage system is installed.
In response to a comment from Trustee Dewart, Village Engineer Hansen said storm water accumulates on Green Bay Road because the existing concrete roadway has been built up with asphalt. Also, there are several spots along Green Bay Road that flood during any significant rainfall. Village Engineer Hansen stated the goal is to drain Green Bay Road and place storm sewers on certain streets in the Village.
Susie McMurray (resident) introduced her son, Dan McMurray. She asked if the existing homes, which floods on Green Bay Road, can connect to the proposed storm sewer system. Village Engineer Hansen stated the main goal is to drain Green Bay Road in a manner which addresses flooding on certain Village side streets. He commented on the flooding issues associated with the McMurray property and said some of the flooding may be resolved, but he is uncertain because the study has not progressed that far.
In response to a comment from Trustee Grenier, Village Engineer Hansen stated there is no storm sewer system along the east side of Green Bay Road. Therefore, many homes in this area experience rear yard flooding. He said the study will address drainage because some of the yards are lower than the street but he is uncertain if a storm sewer will be installed through the length of Green Bay Road.
Michael Coleman (resident) asked if the Village would consider pursing the project as soon as possible. He expressed concern regarding flooding in his rear yard because the depth of standing storm water creates a safety concern for his family. He commented on how the Green Bay Road drainage issues has impacted his quality of life and informed the Village of his intent to move forward with flood mediation for his property.
Following a request from Village Administrator Drew Irvin, Village Engineer Hansen provided information on the public engagement process associated with the study and current federal roadway standards. Also, he provided information on why certain planned improvements will require a variation from Federal Design Standards.
Trustee Meyer inquired of the roadway width if the Department of Transportation does not allow the variation. Village Engineer Hansen stated the current road is approximately 24 ft. and an additional 6 ft. is required for a standard 30 ft. roadway. He commented on how the roadway variation, and if needed, bike accommodations could impact existing parkway trees and sidewalks.
As there were no questions from the Board, Trustee Ankenman moved to adopt the resolution. Trustee Lemieux seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Grenier, Lemieux, Meyer, Ankenman and Dewart Nays: (0) Absent: (1) Towle
President O’Hara moved to change the order of the meeting and take agenda items 8a, #15 and #18 there were no objections from the Board.
11. ITEM #8a – VILLAGE ADMINISTRATOR’S REPORT: REQUEST FROM THE LAKE BLUFF LIBRARY TO WAIVE BUILDING PERMIT FEES FOR THE RE-ROOF OF THE LIBRARY
President O’Hara reported on July 18, 2018 the Village received a letter from Library Director Eric Bailey, requesting a waiver of all permit fees associated with the re-roof of the Library and History Museum building. As the total cost of construction of this project is estimated to be between $100,000 and $200,000, without a waiver, the permit fees for this project would be between $1,025 and $2,025. She further reported similar requests have been considered on a case-by-case basis for other non-profit and governmental organizations.
Trustee Lemieux stated he was advised there will be no out of pocket expenses because Staff will perform the required inspections.
Trustee Lemieux moved to waive the building permit fees. Trustee Meyer seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Lemieux, Meyer, Ankenman, Dewart and Grenier Nays: (0) Absent: (1) Towle
12. ITEM #15 – A RESOLUTION APPROVING A SITE PLAN FOR THE RE-ROOF OF THE LIBRARY AND HISTORY MUSEUM
President O’Hara reported the Lake Bluff Library is planning to re-roof the Library and History Museum building this year. They are considering four materials: asphalt shingles, standing seam metal, cedar shake, and artificial cedar shake. Cedar shake is the existing material. Site Plan Review approval is not required in order to re-roof in the same material. The asphalt shingles being considered are the same ones used on the train station and Village Hall. She further reported the Architectural Board of Review (ABR) discussed the materials at their July 10 meeting and voted 5-0 to recommend that the Village Board approve the site plan for the asphalt shingles and the standing seam metal. The ABR voted to recommend against using cedar shake or artificial cedar shake. The recommendation against cedar shake is only advisory, not binding, since Site Plan Review approval is not required to re-roof in the existing material.
In response to a question from Trustee Lemieux, Building Codes Supervisor Mike Croak stated the ABR’s recommendation against the use of artificial cedar shake is binding, however, a site plan review is not required for the existing cedar shake material.
As there were no further questions from the Board, Trustee Ankenman moved to adopt the resolution. Trustee Meyer seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Meyer, Ankenman, Dewart, Grenier and Lemieux Nays: (0) Absent: (1) Towle
13. ITEM #18 – A RESOLUTION APPROVING A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC (2018 Sanitary Sewer Evaluation Study)
President O’Hara reported the Village’s sanitary and storm sewer systems connect at a point near the intersection of Moffett Road and East Witchwood Lane. During portions of 2016 and 2017 the Village had flow monitors installed by its consultant, Baxter and Woodman, to determine how much sewage is flowing through this area during rain events and if the cross connection can be eliminated without risking additional basement backups. Information discovered during the flow monitoring shows that a reduction in the amount of rain water entering the sanitary sewer system is required to separate the sewers.
President O’Hara reported the Village’s FY19 budget includes $100,000 for the completion of a Sanitary Sewer Evaluation Study (SSES) to determine (1) where rain water is entering the sanitary sewer system, (2) what actions the Village could take to reduce the flows in the sanitary sewers, and (3) if such reductions would allow for elimination of the cross-connection. Baxter & Woodman has provided the Village with a proposal for a lump sum fee of $53,700 to perform the first steps of this process. The remaining budget is anticipated to be used to further investigate issues discovered during the smoke testing and in determining how much rain water can be eliminated from the sanitary sewer system. She further reported the FY20 budget includes $350,000 to implement the recommendations of the SSES. It is recommended that the board approve the proposal from Baxter & Woodman Inc. for a lump sum amount of $53,700.
In response to a comment from Trustee Lemieux regarding cross contamination, Village Engineer Hansen stated the amount of rainfall and elevation within the pipes could potentially cause cross contamination.
Trustee Meyer expressed his understanding that if sanitary drains into storm sewers than sanitary sewage drains into the ravine.
As there were no further comments from the Board, Trustee Lemieux moved to adopt the resolution. Trustee Meyer seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Ankenman, Dewart, Grenier, Lemieux and Meyer Nays: (0) Absent: (1) Towle
14. ITEM #7A – WARRANT REPORT FOR JULY 16-31, 2018
President O’Hara reported expenditure of Village funds for payment of invoices in the amount of $186,636.77 for July 16-31, 2018, which results in total expenditures of $186,636.77 for the period.
As there were no further questions from the Board, Trustee Dewart moved to approve the Warrant Report. Trustee Meyer seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Dewart, Grenier, Lemieux, Meyer and Ankenman Nays: (0) Absent: (1) Towle
15. ITEM #7B – JUNE 2018 FINANCE REPORT
At President O’Hara’s request, Finance Director Bettina O’Connell provided a brief summary of the June 2018 Finance Report highlighting major revenue sources and expenditures for the period.
• Sales tax revenue for May-April 2018 of $3,182,854 is 2.7% greater than May-April 2017 of $3,120,529,
• Home rule sales tax for May–May 2018 revenue of $966,218 is.7% greater than May-April 2017 of $966,218 The State Admin fee cumulative total for May-April 2018 is $19,315,
• Building permit revenue for May- June FY2019 is $81,230 compared to $149,330 for May-June of FY2018, the significant difference is due to the interior remodeling project at 71 S. Waukegan Rd. (Deerpath Medical Building),
• Current expenditures are consistent with or less than the budget.
President O’Hara stated the reported sales tax revenue is at the highest amount to date.
Trustee Ankenman moved to accept the Finance Report. Trustee Lemieux seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Grenier, Lemieux, Meyer, Ankenman and Dewart Nays: (0) Absent: (1) Towle
16. ITEM #8 – VILLAGE ADMINISTRATOR’S REPORT CONT.
Village Administrator Irvin reported on the Criterium bike race and expressed his thanks to the volunteers specifically George Russell, Deb Dintruff, Marc Colbert and public safety personnel.
Trustee Lemieux thanked Staff for doing a fabulous job throughout the event.
Trustee Dewart thanked Village Administrator Irvin for volunteering Lake Bluff to serve as the host.
Trustee Grenier stated he was asked if the race could be publicized more heavily in Lake Forest.
17. ITEM #9 – VILLAGE ATTORNEY’S REPORT
Village Attorney Friedman had no report.
18. ITEM #10A – VILLAGE PRESIDENT’S REPORT
President O’Hara thanked Staff for doing an outstanding job throughout the Criterium bike race. She announced that the August 13th Village Board meeting is cancelled.
President O’Hara reported subject to the consent of the Board of Trustees, the Village President appoints members to the Village’s various advisory Boards and Commissions. Village President O’Hara recommends the appointment of Emma Johnson, a Lake Forest High School incoming senior, to serve on the Sustainability and Community Enhance Ad Hoc Committee. She stated Ms. Johnson was highly recommended by her Environmental Teachers at Lake Forest High School and that she is very passionate about becoming involved in the community. President O’Hara stated the SEC is the only committee that has students serving an active role and she thanked former SEC member Emmett Brady for serving on the committee.
Trustee Grenier moved to approve the appointment. Trustee Ankenman seconded the motion. The motion passed on a unanimous voice vote.
19. ITEM #16 – A RESOLUTION AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT WITH CAMPANELLA & SONS CONSTRUCTION OF WADSWORTH, ILLINOIS AND WAIVER OF COMPETITIVE BIDS FOR THE GLEN & SYLVAN STORM OUTFALL REPAIR PROJECT
President O’Hara reported the FY19 budget includes $25,000 for the repair of the storm sewer outfall into Ravine Park at the intersection of Glen Avenue and Sylvan Road. The existing corrugated metal pipe outfall is significantly deteriorated to the point where water falls through holes in the bottom of the pipe and has washed away soil creating significant voids under the pipe. It has also been determined that the deteriorated section of pipe extends under Sylvan Road, which is scheduled for resurfacing before the end of July. She further reported at the July 9th Village Board meeting it was reported that the Village received two quotes to replace the outfall and the portion of pipe extending under Sylvan Road and the lowest quote was from Campanella & Sons Construction for a lump sum fee of $24,480. The quote exceeds $20,000 and therefore requires Village board approval and a waiver of competitive bids. Due to the impending resurfacing of Sylvan Road and the desire to complete the replacement of the storm pipe prior to resurfacing, the Village agreed to proceed with the project and bring a resolution for approval at the July 23rd Village Board meeting authorizing the ratifying of a contract and competitive bidding waiver. The work is expected to be completed prior to the July 23rd meeting.
President O’Hara reported the Village Engineer recommends that the Village Board waive the competitive bidding requirements in accordance with section 4.5 of the Village of Lake Bluff Purchasing Policies & Procedures Manual and award a construction contract to Campanella & Sons Construction in the amount of $24,480.
In response to a question from President O’Hara, Village Engineer Hansen explained why the project was not completed as scheduled. He said the work has been rescheduled and the proposed timeframe will not delay the resurfacing project.
Village Attorney Peter Friedman stated the waiver of competitive bids requires a super majority vote.
As there were no questions from the Board, Trustee Dewart moved to adopt the resolution. Trustee Grenier seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Lemieux, Meyer, Ankenman, Dewart and Grenier Nays: (0) Absent: (1) Towle
20. ITEM #19 – A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BENJAMIN HISTORIC CERTIFICATIONS, LLC (Architectural Survey of Certain Areas of the Village)
President O’Hara reported the FY2019-20 biennial budget includes $35,000 to complete the survey of the Village’s historic architecture. The Village has previously commissioned three such studies, including:
• Summary and Architectural Survey, 1998 (East side of the Village)
• A Summary and Inventory of the Southeast Survey Area, 2003
• Summary and Historic Resource Survey: Estate Areas of Lake Bluff, 2008 (Scattered estate sites)
She stated the scope of this anticipated final phase of surveying is expansive. A principal focus will be on documenting the development of the Terraces, which are seen as emblematic of the development of post- war, mid-century housing styles in the Village. Other areas anticipated for study include:
Intensive Survey Areas
• East of Sheridan, north of North Avenue (remainder of east side)
• Dwyer Settlement (west of Green Bay Road, north of Rockland Road)
• Arbor Drive
9 Windshield and Model Home Survey:
• Tangley Oaks
• Armour Woods
• Campbell Court
Windshield Survey:
• Sanctuary
• Signe Court
• Belle Foret Drive
• Thorn Valley Lane
• Bath and Tennis Club
• Wimbleton Court
• Shore Acres Drive
President O’Hara reported Susan Benjamin, principal of Benjamin Historic Certifications, LLC (BHC), has been involved in every prior surveying effort of the Village and possesses the necessary skills and expertise to complete the project. Her firm has proposed to complete this work for $34,515 over the next 9 months. Staff recommends approval of the agreement.
Trustee Lemieux stated he struggles with this request and asked if the survey has value for taxpayers. Village Administrator Irvin provided information regarding the HPC Significant Demolition Review Process. He stated the HPC supports the request because it will provide a complete survey of the entire community. Also, he commented on the feedback provided by the Residential Building Ad Hoc Committee regarding the potential use for the survey.
Trustee Lemieux said he would like the HPC to state “we are going to unclutter our process by virtue of the survey and will subject those identified properties to the process and those that are not significant will not be subject to the process.”
Trustee Ankenman expressed her concern regarding the practical application and stated she views the survey as valuable if it helps the commission during its review process.
Trustee Lemieux expressed his prefer to table the agenda item and receive additional information from the HPC.
Following a request from Village Administrator Irvin, the Assistant to the Village Administrator Glen Cole provided information on the HPC’s revised goal and commented on how the survey could contribute to the advisory review process.
In response to a question from Trustee Lemieux, AVA Cole explained how the history of individual homes, in the Terrace subdivision, could value Lake Bluff taxpayers.
President O’Hara stated when the HPC was restructured she asked the committee to focus on education, preservation and community character. The Terrace Subdivisions are not only unique to Lake Bluff but also to the development of America after World War II. President O’Hara said she believes the survey is needed because residents may desire to know their homes historical history.
In response to a question from Trustee Lemieux, President O’Hara explained how the Lake Bluff History Museum used the existing survey data. Since then there have been additional information, such as abstracts and pictures added to the original data to further the architectural and social history of the town.
AVA Cole stated an interest of the HPC is to inform people desiring to purchase, renovate or reconstruct Lake Bluff homes on the cultural history. The plan is to digitize the previous survey forms along with the new survey. He showed an example of the historic preservation survey scope of work.
Village Clerk Markee asked how the survey would impact owners desiring to add an addition or if a perspective buyers learns the home is landmarked. AVA Cole said there will be no changes resulting from the survey then he explained how property owners could be impacted if the property was landmarked or renovated.
Trustee Grenier stated he would prefer a realistic educational approach that may convince property owners to carefully consider the decisions made regarding their homes.
As there were no further questions from the Board, Trustee Ankenman moved to adopt the resolution. Trustee Meyer seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Meyer, Ankenman, Dewart, Grenier and Lemieux Nays: (0) Absent: (1) Towle
21. ITEM #21 – AN ORDINANCE AMENDING TITLE I OF THE MUNICIPAL CODE REGARDING THE COMPREHENSIVE FEE SCHEDULE AND APPROVING AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH PASSPORTPARKING, INC
President O’Hara reported at its June 11 regular meeting, the Village Board of Trustees approved a professional services agreement with PassportParking Inc. (“Passport”) and fee amendments necessary to implement mobile parking payments at the Village’s paid commuter parking lot. Pursuant to the agreement, the cost of Passport’s services are borne by the parking user as an additional fee per transaction. She further reported other Chicago-area clients of Passport under the same cooperative purchasing agreement add additional fees to this per-transaction fee. The Village’s pricing, including any additional per-transaction fee, was not discussed or negotiated during the Village’s preliminary negotiations with Passport; only the amount to be retained by Passport for use of their software platform. However, Passport now asserts that the terms of the contract preclude the Village from charging the fees previously approved by the Board ($0.25 to Passport, $0.25 to the Village).
President O’Hara reported the Village does not concur with this interpretation of the agreement. However, during further negotiations, Passport’s best offer to provide the services is to set the fee at $0.37 cents - $0.25 to Passport and $0.12 to the Village. While this would reduce the incremental revenue to the Village, this fee structure still results in no net cost to the Village to provide this option to parking users. The attached table to the Board Packet illustrates the fee comparison among cash payments, credit card payments, and mobile parking payments. President O’Hara stated Board approval is required to amend the agreement and the fees charged to parking users.
Trustee Lemieux stated Staff advised him that there was no legal documents drafted to date when the Village Board first considered this matter. Staff was in the process of reviewing a model from another community and unbeknownst to the Village, PassportParking Inc. changed their policy. Therefore, the Village did not negotiate an agreement with prior understanding. He expressed his understanding that Lake Forest is moving away from PassportParking Inc. and asked if this was the only option available in town. Village Administrator Irvin said PassportParking Inc. seems to be the most preferred option by those municipalities utilizing this payment option. He went on to say that although this is not an ideal agreement it is the best deal offer to date.
Trustee Grenier moved to approve first reading of the ordinance. Trustee Lemieux seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Ankenman, Dewart, Grenier, Lemieux and Meyer Nays: (0) Absent: (1) Towle
22. ITEM #22 – AN ORDINANCE AMENDING TITLE I OF THE MUNICIPAL CODE REGARDING THE COMPREHENSIVE FEE SCHEDULE (Small Wireless Facilities)
President O’Hara reported in April, Governor Rauner signed into law Senate Bill 1451, the “Small Wireless Facilities Deployment Act,” making it Public Act 100-0585. The Act, which became effective on June 1, establishes numerous specific standards that apply to the installation and operation of small wireless facilities (“SWFs”) by wireless services providers such as AT&T, Sprint, and T-Mobile and by installers of SWFs. She further reported the Act significantly restricts the ability of municipalities to regulate SWFs. The Act applies principally to installation of SWFs on poles in public rights-of-way. The rights-of-way include roadways, highways, streets, public sidewalks, alleys, and easement dedicated for similar uses. Examples of the new standards include:
• Municipalities have only a very limited ability to require an SWF to be located on a particular pole (or category of poles), except when a new pole is being installed.
• An SWF installed on a pole can extend 45 above the ground and can extend up to 10 feet above the pole on which it is attached even if that is higher than 45 feet.
• SWFs must be allowed on a municipality’s pole except if there is not enough room on the pole.
• Municipalities must approve an application unless it does not meet a specific requirement of the Act or a generally applicable local code.
• A wireless provider may apply for up to 25 SWFs in a single application.
• The fees for applications and an annual fee are set by the Act and are smaller than what many municipalities have been charging.
President O’Hara reported the Act provides that municipalities must establish certain local fees within 60 days after the June 1 effective date of the Act. However, the Act provides the following restrictions on municipal fees and rates:
• The amounts of application fees must be within these limitations:
o Up to $650 for one SWF on existing utility pole or wireless support structure and up to $350 per SWF if the application is to collocate more than one SWF; and
o $1,000 for each SWF in an application that includes new utility poles.
• By July 31, 2018, the Village must make fee schedule available by ordinance or adopted written fee schedule.
• Rates and fees must be non-discriminatory regardless of services provided.
• The Village may charge a recurring annual rate for SWF on a Village-owned utility pole in ROW equal to $200 or “actual, direct, reasonable costs related to the wireless provider’s use of space on the authority utility pole”; there is no limit for poles outside the ROW.
In addition, she reported to comply with the Act, the Village Board should consider adopting the ordinance to establish a schedule of fees for SWF installations and for the annual rate for SWF to be located on Village-owned poles. Due to the requirement that the Village enact these fees prior to July 31, 2018, a waiver of second reading is requested. A discussion ensued.
In response to a question from Trustee Lemieux, Village Administrator Irvin confirmed that cellular companies operating within the Village are assessed the maximum allowable fees.
Village Attorney Friedman stated the State statute does not completely preempt the field and Staff will discuss regulations which may be proposed in the Village where it have not been preempted.
Trustee Meyer said he would like the Village to have the ability to prevent this type of action then showed a picture of an antenna in a surrounding community. He said he hopes the Village can take the ordinance to the maximum level consistent with State statute, maybe even inconsistent if needed.
Trustee Lemieux moved to approve first reading of the ordinance. Trustee Grenier seconded the motion. The motion passed on a unanimous voice vote.
In response to a question from the Board, Village Attorney Freidman said if an application is received after the ACT is approved the ordinance will protect the Village.
Trustee Lemieux moved to waive second reading of the ordinance. Trustee Meyer seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Dewart, Grenier, Lemieux, Meyer and Ankenman Nays: (0) Absent: (1) Towle
23. ITEM #23 – TRUSTEE’S REPORT
There was no Trustee’s report.
24. ITEM #24 – EXECUTIVE SESSION
At 8:34 p.m. Trustee Grenier moved to enter into Executive Session for the purpose of discussing Personnel (5 ILCS 120/2(c)(2)) and Minutes (5 ILCS 120/2(c)(21)) Trustee Dewart seconded the motion. The motion passed on the following roll call vote:
Ayes: (5) Grenier, Lemieux, Meyer, Ankenman and Dewart Nays: (0) Absent: (1) Towle
There being no further business to discuss, Trustee Dewart moved to adjourn out of executive session. Trustee Meyer seconded the motion and the motion passed on a unanimous voice vote at 8:47 p.m.
25. ITEM #25 – CONSIDERATION OF THE MINUTES OF THE JULY 9, 2018 EXECUTIVE SESSION MEETING
Trustee Lemieux moved to approve the July 9, 2018 Board of Trustees Executive Session Meeting Minutes as presented. Trustee Grenier seconded the motion. The motion passed on a unanimous voice vote.
26. ITEM #26 – ADJOURNMENT
Trustee Meyer moved to adjourn the regular meeting. Trustee Dewart seconded the motion and the motion passed on a unanimous voice vote. The meeting adjourned at 8:48 p.m.
https://www.lakebluff.org/government/agendas-and-minutes?format=raw&task=download&fid=1861
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