Lake County Gazette

Village of Libertyville Board of Trustees met April 14.

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. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moras, Jay Justice, Scott Adams, Peter Garrity, and Patrick Carey.

President Weppler explained that the Village Board would be having discussion, and any public comments could be submitted through the use of "chat" or email options. He also noted the Public Hearing regarding the Village Budget would have a live option at a future time. Any comments can also be submitted at the Village Hall, at Village departments, or on the Village website. Emails would be read into the meeting minutes.

Proclamations Native Plant Week - President Weppler proclaimed the week of April 2-24, 2020 as Native Plant Week in Libertyville

Proclamation Captain Brian C. Buckley - President Weppler reported that Army Captain Brian C. Buckley deployed to Iraq on March 28, 2020 with the Illinois Army National Guard in the 232nd Combat Sustainment Support Battalion (CSSB), 108 Sustainment Brigade. The Village gave Captain Buckley a flag flown over Fire Station #1 as a reminder that those in Libertyville will be thinking of him.

When Captain Buckley returns to Libertyville, the flag may fly once again in the Village of Liberty ville. President Weppler proclaimed that Captain Buckley will return this flag and present it to the Village upon his return and wished him safe travels upon his deployment.

OMNIBUS VOTE AGENDA 

President Weppler introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion. Trustee Justice asked for clarification of the streetlight maintenance contract amount. Director of Public Works Kendzior stated that $125,000 was a realistic amount given past history.

Omnibus Vote Agenda

A. Minutes of the March 10, 2020 Village Board Meeting 

B. Bills for Approval - March 24, 2020 & April 14,2020 

C. RESOLUTION NO. 20-R-37: A Resolution to Approve an Agreement Extension for Elevator Maintenance Services with American Hoist & Manlift Inc. 

D. ORDINANCE NO. 20-0-21: An Ordinance Declaring Surplus Property 

E. RESOLUTION NO. 20-R-38: A Resolution Approving Grant of Easements and Acceptance of Water Main Improvements at 825 S. Milwaukee Avenue (Advocate Condell Medical Center) 

F. RESOLUTION NO. 20-R-39: A Resolution Approving a Public Sidewalk Easement Agreement at 825 S. Milwaukee Avenue (Advocate Condell Medical Center) 

G. Consideration of a Resolution Approving a Contract Renewal with Ampol Group Inc. for On-Site Contractual Facility Maintenance Services at the Libertyville Sports Complex -DEFERRED 

H. ORDINANCE NO. 20-0-22: An Ordinance Deleting Chapter 24 of the Municipal Code Re: Taxi Cabs 

I. RESOLUTION NO. 20-R-40: A Resolution Approving the Memorial Day Parade and Utilize Cook Park 

J. RESOLUTION NO. 20-R-41: A Resolution Approving a Special Event for a Family Concert in Cook Park - Cook Memorial Library 

K. RESOLUTION NO. 20-R-42: A Resolution to Renew the Annual Contractual Streetlight Maintenance Contract with Geary Electric Inc. 

L. RESOLUTION NO. 20-R-43: A Resolution Approving a Joint Bid Contract Renewal with Globe Instruction Inc. for the Annual Sidewalk Replacement Program 

M. ORDINANCE NO. 20-0-23: An Ordinance to Waive Competitive Bidding and Award a Contract to Precision Pavement Marking Inc. for the Annual Roadway Pavement Marking Program 

N. RESOLUTION NO. 20-R-44: A Resolution Approving a Contract with Cahill Heating & Air Conditioning for the Civic Center HVAC Improvements Project 

O. RESOLUTION NO. 20-R-45: A Resolution Approving Change Order No. 1 to the Construction Contract with Manusos General Contracting Inc. for the Wastewater Treatment Plant Phosphoms Removal Facilities Project 

P. RESOLUTION NO. 20-R-46: A Resolution to Renew the Annual Street Sweeping Contract with Lakeshore Recycling Systems 

Q. ORDINANCE NO. 20-0-24: An Ordinance Approving a Planned Development Final Plan (PC 20-03) - 1201 S. Milwaukee Ave.

R. RESOLUTION NO. 20-R-47: A Resolution Approving a Separation Agreement and General Release between Steven Anderson and the Village of Libertyville 

S. ARC Report 

T. ORDINANCE NO. 20-0-25: An Ordinance Amending the Libertyville Municipal Code Regarding the Annual Fee Ordinance 

U. RESOLUTION NO. 20-R-48: A Resolution Approving the Use of Village Property - Honoring First Responders

Trustee Johnson moved to adopt the items A through F and H through U listed on the Omnibus Vote Agenda in a single group pursuant to the omnibus vote procedures of the Liberty ville Municipal Code. Trustee Moras seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows:

AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey 

NAYS: None

PUBLIC HEARING - 2020-2021 Village Budget President Weppler explained that pursuant to the requirements of the Illinois Municipal Code (65 ILCS 5/8-2-6), the Village of Libertyville was required to hold a public hearing prior to the adoption of its annual budget. In compliance with the Act, notice of the hearing was published in the Daily Herald on April 4, 2020.

The first draft of the proposed Fiscal Year 2020-2021 budget was made available for public inspection on February 14, 2020 on both the Village's website and at the Village Hall. Budget review workshops were held by the Village Board on Febmary 29 and March 3, 2020. These workshop meetings were open to the public and properly noticed in compliance with the Illinois Open Meetings Act (5 ILCS 120).

During the budget review meetings, the Village Board provided direction to incoq^orate four changes into the final budget document, which included:

1. Various salary adjustments - Increase of $ 16,525 

2. Funding for the new cost of a Chamber of Commerce Membership - Increase of $1,300 

3. Funding for a one-time 5% increase towards the Senior Center contract - Increase of$l,836 

4. Funding for additional hazardous tree trimming at Adler Park - Increase of $15,000

The revised budget document reflecting these changes was made available for public inspection on March 13, 2020 on the Village's website and at the Village Hall.

The highlights of the FY 2020-2021 budget included:

• Revenues and transfers for all appropriated funds of $66,500,617, an increase of $5,006,474 or 8.1% compared to the FY 2019-2020 budget. A large part of this increase is due to planned debt issuance for capital projects.

• Non-capital expenditures and transfers for all appropriated funds of $50,990,268, an increase of $1,040,779 or 2.1% compared to the FY 2019-2020 budget. The net operating budget is balanced across all appropriated funds.

• Capital investment in community infrastructure totaling $11,313,836 a decrease of $2,839,164 or 20.1% compared to the FY 2019-2020 budget.

• The property tax impact of the proposed budget will be a $20 annual increase in the Village portion of a typical resident's property tax bill (9%). The average resident will also pay $49 more in utility charges annually due to planned increases of 3% for water service and 5% for sewer service.

President Weppler opened the Public Hearing at 8:18 p.m.

President Weppler explained that he had responded to a request for additional signage at the Metra pedestrian crossing on Milwaukee Avenue. His response was that IDOT would not allow further signage, and he had contacted our State Representative about the matter.

Trustee Johnson thanked Finance Director Nicholas Mostardo for his work on the annual budget. Trustee Moras added that he appreciated the professionalism as well.

President Weppler closed the Public Hearing at 8:22 p.m.

ORDINANCE NO. 20-0-26: An Ordinance Adopting the 2020-2021 Village Budget The Village operates under the Budget Officer system and is required to adopt a budget ordinance prior to the start of the May 1, 2020 fiscal year. The proposed 2020-2021 Village Budget represented the input of the Village Board, the public, and Village staff during the budget preparation process, which included budget workshops on February 29 and March 3, 2020 as well as a public hearing on April 14, 2020 immediately preceding the consideration of the ordinance.

The ordinance and the 2020-2021 Village Budget document satisfy the requirements set forth in the Budget Officer Act. The proposed budget included revenues of $66,500,617 and expenses of $62,304,104. The Village's operating budget was fully balanced.

The final proposed budget document was previously distributed to Village Board members and was available for public inspection at the Village Hall and on the Village website since March 13, 2020. Staff expressed their gratitude to the Village Board and the community for their support during the budget process. Staff recommended the Village Board adopt the ordinance. President Weppler asked for Board and public questions and comments and there was none.

Trustee Moras moved to adopt the ordinance adopting the 2020-2021 Village Budget. Trustee Johnson seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows:

AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey 

NAYS: None

ORDINANCE NO. 20-0-27: An Ordinance Amending Sunset Clause on Simplified Telecommunications Tax President Weppler noted that in September 2009, the Village Board approved an ordinance increasing the Simplified Telecommunications Tax from 3.5% to 6% in an effort to replace the reduction in sales tax and other revenues during the economic downturn. When these ordinances were approved, the Village Board included a sunset clause in order to have a periodic review to determine annually, based on current conditions, if these taxes could be reduced or eliminated. Due to this sunset clause, the tax would revert from 6% to 3.5% on July 1, 2020.

The Fiscal Year 2020-2021 Village Budget was balanced assuming the revenue stream would remain at the 6% tax rate due to economic uncertainty at the national and state levels. Staffs recommendation was to maintain the telecommunications tax at the current level and to extend the sunset to June 30, 2021. This revenue has been declining over the last several years as communication methods and technology have changed. A total of $770,000 ($960,000 in the prior year) in telecommunications tax revenue was included in the FY 2020-2021 budget: $500,000 was budgeted in the General Fund, $135,000 was budgeted in the Technology Equipment Replacement Fund (TERF), and $135,000 was budgeted in the Project Fund.

This ordinance extends the sunset clause for the Simplified Telecommunications Tax at the 6% rate for one year. President Weppler asked for questions and comments and there was none.

Trustee Johnson moved to approve the ordinance amending the Sunset Clause on Simplified Telecommunications Tax to expire June 30, 2021. Trustee Adams seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows:

AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey 

NAYS: None

ORDINANCE NO. 20-0-28: An Ordinance to Extend the Electric Utility Tax through December 31, 2020 President Weppler explained that in September 2009, the Village Board approved an ordinance establishing an Electric Utility Tax because of a reduction in sales tax and other revenues due to the economic recession. When this ordinance was approved, the Village Board included a sunset clause to require an annual review to determine if these taxes could be reduced or eliminated. Due to this sunset clause, the current ordinance would expire on April 30, 2020.

The electric utility tax was reduced from 5% to 4% for Fiscal Year 2014-15 and has been maintained at that level since May 1, 2014.

The Village's General Fund reserve resulting from the proposed Fiscal Year 2020-2021 budget was budgeted to be in compliance with the Fund Balance Policy. While the Village Board has supported reducing utility taxes when possible, there is uncertainty pertaining to the current economic downturn and the ongoing threat of potential State of Illinois legislative action diminishing shared municipal revenues.

Based on this uncertainty, the Village Board directed Staff during two public budget review meetings, held on February 29 and March 3, 2020, to maintain this tax at its existing level. In order to align the annual review of this tax with the beginning of the budget process, rather than at the end of the budget process, the ordinance extends the Electric Utility Tax through December 31, 2020. The next possible extension of the tax would be contemplated in October-November of 2020. President Weppler asked for questions and comments and there was none.

Trustee Moras moved to approve the ordinance to extend the Electric Utility Tax through December 31, 2020. Trustee Carey seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows:

AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey 

NAYS: None

ORDINANCE NO. 20-0-29: An Ordinance Imposing a Non-Hole Rule Municipal Retailers' Occupation Tax and a Non-Home Rule Municipal Services Occupation Tax in the Village of Libertyville President Weppler reported that on August 27, 2019, the Village Board adopted a comprehensive multi-year Capital Improvement Plan (CIP), which identified the need to raise approximately $2.5 million per year to maintain general capital improvements such as roads, parks, facilities, and information technology.

To partially offset this funding deficiency, the Village Board adopted a resolution on November 12, 2019 submitting a referendum question to the qualified electors of the Village of Libertyville asking for permission to impose a non-home rule sales tax in the amount of 1%. The qualified electors approved this referendum question on March 17, 2020.

The ordinance formally imposes the non-home rule sales tax, which consisted of a Non- Home Rule Municipal Retailers' Occupation Tax and a Non-Home Rule Municipal Service Occupation Tax. The ordinance directs the Village Clerk to file a certified copy of the ordinance, along with a certified copy of the referendum election results, with the Illinois Department of Revenue no later than May 1, 2020.

If received by the above-referenced deadline, the Illinois Department of Revenue will begin to administer the non-home rule sales tax on July 1, 2020. The Village would receive its first distribution of non-home rule sales tax proceeds in October 2020.

Staff recommended approval of the ordinance imposing a Non-Home Rule Municipal Retailers' Occupation Tax and a Non-Home Rule Municipal Service Occupation Tax in the Village of Libertyville. President Weppler thanked the residents for their support of the referendum. He then asked for questions and comments and there was none.

Trustee Johnson moved to approve the ordinance imposing a Non-Home Rule Municipal Retailers' Occupation tax and a Non-Home Rule Municipal Service Occupation Tax in the Village of Libertyville. Trustee Moras seconded. President Weppler asked for further Board or public comment and there was none. The motion carried on roll call vote as follows:

AYES: Tmstees Johnson, Moras, Justice, Adams, Garrity, and Carey 

NAYS: None

ORDINANCE NO. 20-0-30: An Ordinance Amending Chapter 13 of the Municipal Code Re: the Imposition of a Places for Eating Tax President Weppler reported that on March 17, 2020, the qualified electors of the Village of Libertyville approved the imposition of a non-home rule sales tax.

The Village Board previously expressed the desire to repeal the existing locally-imposed Places for Eating tax if the non-home rule sales tax referendum were to be approved in an effort to avoid double taxation of the establishments subject to the Places for Eating tax.

Under ideal economic circumstances, the Places for Eating tax would have been repealed the day prior to the non-home rule sales tax taking effect (June 30, 2020). However, given the economic downturn caused by the CO VID-19 pandemic and the recent closure of the dine-in sections of restaurants*, staff recommended that the Places for Eating tax be allowed to sunset on April 30, 2020 to afford establishments a period of financial and administrative relief prior to the non-home rule sales tax being imposed on July 1, 2020.

Staff recommended approval of the ordinance amending Section 13-32 of the Libertyville Municipal Code which would cause the Places for Eating tax to expire at 11:59 p.m. on April 30, 2020.

* Due to the State-mandated closure of dine-in restaurants, the Village informally suspended collections of the Places for Eating tax beginning on March 16, 2020.

President Weppler asked for questions and comments. Trustee Adams explained that restaurants revenues are down 20%-25%, and as much as 85% of restaurant staff has been laid off. He added that this ordinance is important for the restaurants and will help them prepare for the future.

Trustee Johnson moved to approve an ordinance amending Chapter 1 3 of the Libertyville Municipal Code pertaining to the imposition of a Places for Eating Tax. Trustee Moras seconded. President Weppler asked for further Board or public comment 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. 20-R-49: A Resolution Establishing a Non-Home Rule Sales Tax Special Revenue Fund President Weppler noted that on March 17, 2020 the qualified electors of the Village of Libertyville approved the imposition ofanon-home rule sales tax.

As part of the communication strategy in advance of the referendum vote, the Village Board committed to segregating the collection of non-home rule sales tax revenues from general Village revenues in an effort to promote public transparency. The establishment of a special revenue fund would allow the Village to clearly demonstrate that non-home rule sales tax proceeds were being utilized for:

1. Transfers to the Village's capital project funds (estimated at $2,000,000 per year) 

2. Replacement operating revenues for the repealed Places for Eating tax (estimated at $875,000 per year)

Staff recommended the approval of the resolution, which directed the Village Treasurer to establish a special revenue fund to provide for the accounting of all non-home rule sales tax proceeds. President Weppler asked for questions and comments and there was none.

Trustee Moras moved to approve the resolution establishing a Non-Home Rule Sales Tax Special Revenue Fund. Trustee Adams seconded. President Weppler asked for further Board or public comment 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. 20-R-50: A Resolution to Award a Contract for the 2020 Joint Bid Rehabilitation Program President Weppler explained that the Village completed the sixth and final year of its $20 million Road Rehabilitation Bond program in 2018. As part of this initiative, nearly 40% of the Village's inventory of streets was rehabilitated. In an effort to continue to receive advantageous competitive unit price bids based upon an "economies of scale" from larger contract quantities, the Village had once again entered into a Joint Bid Road program with Mundelein and Vernon Hills. An Intergovernmental Agreement (IGA) was previously executed by all parties of the Joint Bid program. Public Works staff worked with the other participants in the joint bid and Gewalt Hamilton Associates Inc. (GHA) to prepare plans and specifications and solicit bids.

Competitive contractor bids were opened on February 26, 2020. Five (5) bids were received for the project

The Engineer's Estimate for the total joint bid work was $2,772,586.50. The qualified low bid contractor is Brothers Asphalt Paving Inc. in the amount of $2,812,873.72. Brothers Asphalt had successfully completed previous similar pavement rehabilitation projects for other Villages and can meet the asphalt tonnage requirement. Village Staff, the other participants in the joint bid, and GHA recommended award of the contract to Brothers Asphalt.

In accordance with the terms of the IGA, the Village is only responsible for the share of the contract that is directly attributable to its roadways ($745,493.89). There are sufficient funds available for the Village's share in the FY 2020/21 Annual Budget. The proposed work would not start until after May 1 and is anticipated to be completed by late summer.

Staff recommended approval of the Resolution to award the contract to Brothers Asphalt Paving Inc. for the 2020 Joint Bid Road Rehabilitation Program in the amount of $745,493.89. President Weppler asked for questions and comments.

Trustee Johnson noted that the Village has had great success with Peter Baker & Son Co., and with only a $4,000 difference, wondered if Director of Public Works Paul Kendzior were comfortable with Brothers Asphalt. Director Kendzior stated that they had received two years of references and had no reason not to accept that they would perform successfully.

Trustee Justice asked how roadwork and other projects are progressing. Director Kendzior explained that there had been no slow down. President Weppler stated that sewer work on Rockland Road is completed and curb work would be starting tomorrow.

Responding to Trustee Adams' question, Director Kendzior stated that Vernon Hills and Mundelein were all set with the agreement.

Trustee Johnson stated the importance of Brother Asphalt rising to the performance level of Peter Baker & Son. Director Kendzior stated that Staff has high expectations as well.

Trustee Justice moved to approve the resolution to award a Contract for the 2020 Joint Bid Road Rehabilitation Program. Trustee Johnson seconded. President Weppler asked for further Board or public comment 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 Appearance Review Commission will meet virtually at 12:00 p.m. on Monday, April 20, 2020.

• The Finance Committee will meet virtually at 6:00 p.m. on Tuesday, April 20, 2020. All Board Members were asked to attend.

• An Executive Session will follow the Finance Committee meeting.

• The information for the public to participate in meetings and view agendas will be posted on the Village' website.

President Weppler gave a brief update on the Trimm property. He reported that the First Presbyterian Church had requested the use of the Village parking garage to run their food pantry. The Board concurred. He also stated that the proposed "bum" at the Charlie

Brown restoration project should be postponed due to possible respiratory concerns. The Board concurred.

Fire Chief Rich Carani provided an update of the fire department's situation during the pandemic. He stated that firefighters transporting patients wear PPEs that provide limited risk. No one in the Fire Department or the Police Department has been ill, and temperatures are taken daily. He is in daily contact with Advocate Condell Hospital. Department procedures will change as updates change. He added that the Village is in overall good shape. Responding to Trustee Johnson, Chief Carani explained that the protocol for cleaning ambulances involves decontamination and disinfecting daily and after every call.

Administrator Amidei stated that she was proud of Village employees, who are carrying on with business as usual to the best of their abilities.

EXECUTIVE SESSION

President Weppler noted the need for the Board to meet in Executive Session for discussion of the following:

• Personnel: Appointment, employment, compensation, discipline, performance or dismissal of specific employees [5 ILCS 120/2(c)(2)]

Trustee Johnson moved to go into Executive Session at 9:09 p.m. Trustee Moras seconded, and the motion carried on a unanimous voice vote.

ADJOURNMENT

With no further business to come before Village Board, Trustee Johnson moved to adjourn at 9:09 p.m., and Trustee Carey seconded. The motion carried on a unanimous voice vote.

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