Lake County Stormwater Management Commission met Oct. 6.
Here are the minutes provided by the commission:
1. CALL TO ORDER
The meeting was called to order by Vice Chairman Pedersen at 6:00 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Others present: Lisle Stalter, Taylor Drozdz, Greg Hirsch, Mary Eggert, Susan Pribyl, Grant Benjamin, Amy Wagner, Jimmy Canning, Deborah Fischer (V), Dennis Leslie (V) and SMC staff: Kurt Woolford, Dijana Silber, Kelcey Traynoff, Susan Novak, Ernesto Huaracha, Brian Frank, Sharon Østerby
4. PUBLIC COMMENT
Present 9 - Member Casbon, Member Frank, Member Maine, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Vice Chairman Pedersen asked if there were any public comments. Susan Pribyl shared her concerns regarding the Village of Round Lake not adequately inspecting, documenting, and enforcing compliance on Village-owned property. Ms. Pribyl’s concerns and comments were also received by SMC via email.
5. 22-1431
September 1, 2022 minutes draft
Approval was requested for the September 1, 2022 minutes.
A motion to approve October 6, 2022 minutes was made by Alternate Ryback, seconded by Member Rockingham. Motion passed by unanimous voice vote.
Aye: 8 - Member Casbon, Member Frank, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Not Present: 1 - Member Maine
6. COMMISSION REPORTS
6.1 Director's Report
Kurt Woolford thanked the public for their comments and noted that SMC understands that the Village of Round Lake voted against the ski hill development.
6.1. Public Comment Responses Regarding the Proposed Round Lake Ski Hill
a Chief Engineer Brian Frank went through the public comments from the September SMC meeting and the email received from Ms. Pribyl. Mr. Frank provided responses to all questions and comments received (below). Afterwards, Mr. Woolford briefly explained SMC’s Community Notification Procedure, as it related to one of the public comments from the September meeting.
Response to Public Comment from September 1st SMC Meeting:
Pat Ross voiced her concern about the ski hill that is planned to be built in Round Lake.
Brian Frank: Noted - thank you for providing your concerns.
Barbara Meudt also voiced her concern about the planned ski hill and about the potential damage to the roads caused by the trucks and equipment leaving the site.
Brian Frank: Noted - thank you for providing your concerns.
Amy McCaffery voiced her concern about the growing landfill owned by CHPS, LLC at the corner of Wilson Road and Route 120 in Round Lake. Ms. McCaffery had specific concerns regarding the state of silt fence and the lack of control of the water runoff. Brian Frank: The Village of Round Lake is aware of these concerns.
Jim Bland asked that SMC explain the roles of the different regulatory authorities involved in the oversight of the ski hill project and what SMC’s authority is in the ski hill development.
Brian Frank: The regulatory authority regarding stormwater management on these parcels is currently Lake County Planning, Building and Development (Certified Community). If this property annexes into another certified community that permit authority would become theirs. The SMC Director shall periodically review the community’s Ordinance enforcement records and performance and make remedial recommendations to the community, if necessary. SMC also reviews the Community’s performance during the Certified Community’s recertification process, scheduled for 2023.
Mary Handelsinn commented on the importance of the ski hill development being handled appropriately.
Brian Frank: Noted
Mary Conley Eggert stated that she was alerted by the Health Department that Long Lake is the most toxic lake in the state. Ms. Eggert believes that this should not be tolerated in Lake County and that additional studies should be done, specifically on the groundwater that feeds into the lakes, before a ski hill can be built.
Brian Frank: Thank you for providing your concerns and coordinating with the Health Department. SMC staff has discussed this with Health Department.
Mr. Bland asked again for SMC to give a quick overview of the character of the laws that generate the regulatory oversite of the landfill sites and what monitoring authority SMC has? Mr. Bland asked how many communities SMC has taken authority away from for purposes of oversight of erosion control?
Brian Frank: The Watershed Development Ordinance (WDO) does not specifically callout regulations on landfill sites. SMC has reviewed and permitted landfill sites per the WDO regulations, including the large landfill in Zion, IL. SMC does not typically monitor construction sites in certified communities, unless there is evidence that the certified community is not properly address issues that are under their authority. To my knowledge
SMC has not had to rescind a community’s certification over erosion control issues. Email and Public Comment from Susan Pribyl with SMC responses:
In follow-up to the multiple public comments at the last SMC meeting, I want to share with you a bit more as to why many Lake County residents have real concerns about the Village of Round Lake not adequately inspecting, documenting and enforcing compliance on village-owned sites.
In August, I received (via FOIA to the Lake County Health Dept) documentation of violations occurring at the CHDS site on Route 120 & Wilson. Those numerous documented violations prompted me to then submit a FOIA to the Village of Round Lake requesting any and all documentation of the visits and all inspection reports by the Village Engineer of the CHDS, LLC facility for the time period of January 1st, 2020 to the present (8/30/22).
What I received from the Village were copies of invoices (see attached) from Baxter & Woodman (serving as Village Engineer) which list dozens of site visits/inspections - billing the Village over $33,000 for that two-year period. What I did NOT receive were any written notes/reports for these visits by the Village Engineer for the past two years with the exception of one single month of inspection notes/emails (Aug 3, 2020 - Sept 1, 2020). Brian Frank: Please follow up with the Village for clarification, as needed.
I was quite surprised to find that there were NO written inspection comments or notes on what was observed at the CHDS site during multiple onsite visits during this two-year period that Baxter & Woodman was contracted to inspect the current CHDS site. Brian Frank: There might also be Designated Erosion Control Inspector (DECI) reports that the Village receives that provides site details regarding the requirements of the Watershed Development Ordinance (WDO).
When I further inquired about this lack of written documentation, the response I received from the Round Lake clerk stated that "inspection reports were not created and any issues were handled verbally, which was why invoices showing the dates of inspections were included."
Brian Frank: It might be that Baxter & Woodman are using the DECI inspections to document the site conditions and they provide verbal guidance in response to these written DECI reports.
But, of course, we are all aware that issues were not "handled" by the Village and that is why there is now a civil lawsuit, People of the State of Illinois v. CHDS, LLC, Case No. 2022 CH 0171.
Brian Frank: Noted.
We know that SMC is familiar with Dan Powell (owner of CHDS) as his Hawthorn Woods site (operating as PML) racked up numerous SMC violations in the past. We believe you share our concerns for adequate oversight of his company's operations.
Brian Frank: Noted.
We know that the Village has the authority to issue stop work orders, fines, etc. Our understanding, however, is that the Village did not take any action to bring CHDS into compliance, even though various violations were ongoing and apparent (even to the public driving by the site).
Brian Frank: Hopefully compliance concerns related to regulatory requirements of the WDO are clarified in the DECI reports.
We completely understand that the LCHD monitors for certain types of violations at this site and that many of those items are outside the purview of SMC. There are, however, violations that fall into the area of stormwater management and for the Village of Round Lake as a WDO "certified community" not to have taken steps to force compliance by
CHDS is quite concerning to local residents.
Brian Frank: We agree that the Village of Round Lake, as a certified community, has required responsibilities related to WDO compliance.
Since my husband Grant has attended SMC meetings for years, we are aware of a previous time when the Village of Round Lake was close to losing their "certified community" status due to lack of enforcement of stormwater regulations at that time. Brian Frank: Noted.
We truly appreciate that there is an item on the agenda for the SMC meeting on Thursday, October 6th to address the public comments from last month regarding the Village of Round Lake's apparent lack of ability to adequately document and enforce compliance on village-owned sites whether they are existing or proposed locations.
Brian Frank: We are going to provide feedback on the public comment questions that were raised during last month’s SMC meeting.
Below you will find the email thread documenting my FOIA requests to the Village and attached are the documents I received from the Village.
Brian Frank: Thank you.
6.2 Chairman's Report
6.3 Commissioner's Report
7. ACTION ITEMS
7.1 22-1443
Treasurer’s Reports September 2022
Dijana Silber presented the Treasurer’s Reports for September 2022.
A motion to approve September 2022 Treasurer's Reports was made by Alternate Ryback, seconded by Alternate Talbett. Motion passed by unanimous voice vote.
Aye: 8 - Member Casbon, Member Frank, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
7.2 22-1446
Approval of an Intergovernmental Agreement between the SMC and the Village of Antioch for Sequoit Creek Channel Improvements with a Project Expense Match (PEM) value of $238,260.00 (DECO Round 1)
Kurt Woolford recommended and requested approval of an Intergovernmental Agreement with the Village of Antioch, in which the Village will receive reimbursement up to $2,750,000 in DCEO funding for eligible costs associated with the Sequoit Creek Channel Improvements and pay SMC a PEM of $238,260.00 to reimburse SMC for administrative support and engineering services.
A motion to approve the Intergovernmental Agreement was made by Member Casbon, seconded by Alternate Weidenfeld. Motion passed by a unanimous roll call vote.
Aye: 8 - Member Casbon, Member Frank, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Not Present: 1 - Member Maine
7.3 22-1447
Approval of an Intergovernmental Agreement between the SMC and the Village Grayslake for Haryan Farm Drainage System Repair Project with a PEM value of $167,544.00 (DCEO Round 1) Kurt Woolford recommended and requested approval of an Intergovernmental Agreement with the Village of Grayslake, in which the Village will receive reimbursement up to $1,401,362 in DCEO funding for eligible costs associated with the Haryan Farm Drainage System Repair and pay SMC a PEM of $167,544.00 to reimburse SMC for administrative support and engineering services.
A motion to approve the Intergovernmental Agreement was made by Member Rockingham, seconded by Member Frank. Motion passed by a unanimous roll call vote.
Aye: 8 - Member Casbon, Member Frank, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Not Present: 1 - Member Maine
7.4 22-1448
Approval of an Intergovernmental Agreement between the SMC and the City of Highland Park for Highlands Neighborhood Drainage Improvements with a PEM value of $119,622.00 (DCEO Round 1)
Kurt Woolford recommended and requested approval of an Intergovernmental Agreement with the City of Highland Park, in which the City will receive reimbursement up to $853,464.65 in DCEO funding for eligible costs associated with the Highlands Neighborhood Drainage Improvements and pay SMC a PEM of $119,622.00 to reimburse SMC for administrative support and engineering services.
A motion to approve was made by Member Frank, seconded by Member Casbon. Motion passed by a unanimous roll call vote.
Aye: 8 - Member Casbon, Member Frank, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Not Present: 1 - Member Maine
7.5 22-1449
Approval of an Intergovernmental Agreement between the SMC and the Libertyville Township Highway Department for the Oak Spring Lane Stormsewer Bypass Project with a PEM value of $129,035.00 (DCEO Round 1)
Kurt Woolford recommended and requested approval of an Intergovernmental Agreement with the Libertyville Township Highway Department, under which SMC will utilize up to $1,582,313.50 in DCEO funding for eligible costs associated with the Oak Spring Lane Stormsewer Bypass and Libertyville Township will pay SMC a PEM of $129,035.00 to reimburse SMC for administrative support and engineering services.
A motion to approve was made by Member Maine, seconded by Member Casbon, that this commission action item be approved. Motion passed by a unanimous roll call vote.
Aye: 9 - Member Casbon, Member Frank, Member Maine, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
7.6 22-1451
Direction on FY23 Budget Update for SMC Capital Improvement Program Expenses and Offsetting Revenues
Kurt Woolford began the discussion and requested revisions to the draft budget that was submitted to the County Administrator’s Office. Mr. Woolford passed out copies of the attachments that were provided in the agenda to help facilitate the discussion of this item. The first topic of discussion was the FY23 DCEO Capital Improvement Program Budget Update. The total projected Project Expense Match (PEM) for the DCEO Round 2 projects is $2,561,537.00. Additionally, SMC has received over $10M in advanced payments for the DCEO Round 1 projects. SMC is also estimating a pre-award reimbursement of existing engineering contracts for the DCEO Round 2 projects, in FY23 in the value of $2,166,755.90. This would provide an estimated revenue in FY23 of $4,728,292.92 for the DCEO Round 2 projects. Mr. Woolford explained that a request would be made on the expense side, similar to the FY22 budget, where these revenues would support administrative and engineering services, including temporary staffing as determined by SMC, outside legal counsel, and other professional services for the DCEO Capital Improvement Program. This request was not submitted in June because the revenue values were not available at that time. Mr. Woolford explained that by adding the DCEO Round 2 expenses and off-setting revenues to SMC’s FY23 budget would not cause an increase in the property tax levy. Commissioner Frank stated that it would be hard for him to judge the merits of hiring a full-time in-house counsel if there are not outside counsel hours to compare to and it would be difficult to judge the workload of this position at this time. Commissioner Weidenfeld asked if the new counsel position would be a special Assistant State’s Attorney. Assistant State’s Attorney, Lisle Stalter, stated that internal attorneys are common in departments throughout the State of Illinois but for State agencies, the Attorney General is the representative for litigation. Commissioner Weidenfeld asked if SMC’s new counsel would be able to approve what the Commission signs without further review by the State’s Attorney. Ms. Stalter stated that would be correct and further review by the State’s Attorney would not be needed in this case. Commissioner Maine asked who handled land acquisition for LCDOT. Ms. Stalter stated that it depends on the type of land being acquired and would be handled by either DOT (agreed property purchases) or the State’s Attorney’s Office (eminent domain). Commissioner Maine asked Mr. Woolford if he felt a place holder would be needed for this position. Mr. Woolford explained that because there are still uncertainties in the position’s workload, it might be better to go with outside counsel. Commissioner Talbett stated that because the workload is unknown at this point, an interim step SMC could take, would be to retain some counsel and also look at using a paralegal. Commissioner Rockingham echoed the comments made by Commissioners Maine and Talbett. He stated that it may be better to retain outside counsel rather than add a full-time staff member.
7.7 22-1444
Approval of an Intergovernmental Agreement between the SMC and the Village of Gurnee for the Removal of the Septic System at 1001 Kilbourne Road, Gurnee Illinois
Sharon Østerby recommended and requested approval of an Intergovernmental Agreement between SMC and the Village of Gurnee for the removal of the septic system at 1001 Kilbourne Road in Gurnee.
A motion to approve was made by Alternate Ryback, seconded by Member Frank, that this commission action item be approved. Motion passed by a unanimous roll call vote.
Aye: 8 - Member Casbon, Member Frank, Member Maine, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback and Alternate Weidenfeld
Not Present: 1 - Alternate Talbett
7.8 22-1450
Recommendation and Approval of WDO Community Certification for the Village of Fox River Grove
Kelcey Traynoff recommended and requested approval of the full certification for the Village of Fox River Grove.
A motion was made by Member Casbon, seconded by Member Rockingham, that this commission action item be approved. Motion passed by a unanimous roll call vote.
Aye: 9 - Member Casbon, Member Frank, Member Maine, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
INFORMATION SECTION
8.1 22-1430
Regulatory Reports September 2022
Ms. Traynoff presented the reports for inspection status and monthly review times. Correspondence
Community Relations/Public Info
9. EXECUTIVE SESSION
A motion to enter into executive session for the semi-annual review of closed session minutes pursuant to 5ILCS 120/2 (c) (21) and for the discussion of the appointment, employment, compensation, discipline, performance, or dismissal of employees of the public body 5 ILCS 120/2 (c) (1) was made by Member Weidenfeld, seconded by Member Talbett. The Commissioners entered executive session at 6:50pm.
Aye: 8 - Member Casbon, Member Maine, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Not Present: 1 - Member Frank
9.1 Executive Session for semi-annual review of closed session minutes pursuant to 5 ILCS 120/2 (c) (21)
After returning from executive session, a motion to approve the staff recommendation of certain executive session minutes no longer requiring confidential treatment motion was made by Member Maine, seconded by Member Casbon, that this item be approved. Motion passed by a unanimous voice vote.
Member 8 - Casbon, Member Maine, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Not Present: 1 - Member Frank
9.2 Executive Session to discuss the appointment, employment, compensation, discipline, performance, or dismissal of employees of the public body 5 ILCS 120/2(c) (1)
After discussion of the Executive Director’s annual performance, the Commissioners returned to open session at 7:17pm.
10. ADJOURNMENT
A motion to adjourn was made by Member Talbett, seconded by Member Ryback. Motion passed by a unanimous voice vote. Meeting adjourned at 7:23pm.
Aye: 8 - Member Casbon, Member Maine, Member Pedersen, Alternate Roberts, Member Rockingham, Alternate Ryback, Alternate Talbett and Alternate Weidenfeld
Not Present: 1 - Member Frank
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