Lake County Stormwater Management Commission met Jan. 5

By Angelica Saylo Pilo

Apr 4, 2023

Lake County Stormwater Management Commission met Jan. 5.

Here are the minutes provided by the commission:

1. CALL TO ORDER

The meeting was called to order by Chairman Schmit at 6:02 p.m.

2. PLEDGE OF ALLEGIANCE

Others present: Lisle Stalter, Tom Crawford, Steve Charbonnea, Carola Nesbitt, Janice Aull, Allison Matson, Dave Tatak, Chris Bouchard, Bill Lomas, Mary Lomas, John Patersen, Karolina Cho, Diane Kordecki, Grant Benjamin, Stacey Pyne, Paula Randall (V), Dawn Stangle (V), Mary Eggert (V), Geoff Perry (V), Mike Plavcan (V), Sandaria Morgan (V) and SMC Staff: Kurt Woolford, Dijana Silber, Kelcey Traynoff, Susan Novak, Arnold Donato, Mike Prusila, Brian Frank, Ernesto Huaracha, Juli Crane, Michelle Pope, Jacob Jozefowski, Ashley Strelcheck (V)

3. ROLL CALL

The meeting was called to order by Chairman Schmit at 6:02 p.m.

Present 10 - Alternate Voting Status Commissioner - Alternate Casbon, Commissioner Frank, Municipal Representative - Alternate Gust, Commissioner Hewitt, Commissioner Maine, Municipal Representative - Alternate Ryback, Chair Schmit, Municipal Representative - Alternate Talbett, Municipal Representative - Alternate Weidenfeld and Commissioner Schlick

3.1 23-0055

Alternate Voting Status

Chairman Schmit requested to approve the appointment and alternate member voting status for the following alternates: Paras Parekh (District 1), Gina Roberts (District 2), Carissa Casbon (District 3), Esiah Campos (District 4), Michael Danforth (District 5), and Marah Altenberg (District 6). Motion made by Hewitt, second by Gust

A motion to approve Alternate Voting Status was made by Commissioner Hewitt, seconded by Municipal Representative - Alternate Gust. Motion passed by a unanimous roll call vote.

4. PUBLIC COMMENT

Chairman Schmit asked if there were any public comments. There were none.

5. 22-1715

Approval of SMC November 3, 2022 meeting minutes

Approval was requested for the November 3, 2022 minutes.

A motion to approve November 3, 2022 minutes was made by Commissioner Maine, seconded by Municipal Representative - Alternate Talbett. Motion passed by unanimous roll call vote.

6. COMMISSION REPORTS

Director's Report

6.1.a 23-0039

Federal Legislative Funding for Scranton Avenue Viaduct Project - Downtown Lake Bluff Executive Director, Kurt Woolford, provided an update on the federal legislative funding for the Scranton Avenue Viaduct project in downtown Lake Bluff. This project was approved within the FY23 Legislative Pre-Disaster Mitigation (FEMA) Community Project Funding.

6.1. b. 23-0041

HR 7776 - WRDA 2022 Amendment for Lake County page 1423

Mr. Woolford provided an update on the WRDA 2022 (Water Resources Development Act). This Act covers the Army Corps of Engineers funding programs and includes an appropriation of $100M for Environmental Infrastructure projects in Cook and Lake Counties. Commissioner Frank stated that Lake County being in a position to receive this funding is a testament to the effort put in by Lake County SMC, the Commission, and the Mayors. Commissioner Frank asked if the Army Corps would have discretion in which projects are selected or in the location of the projects? Commissioner Frank also asked if the Corps normally has a non-federal match requirement and what the ratio is? Mr. Woolford explained that yes, the Corps normally has a non-federal match requirement and the ratio varies but typically there is a 35% non-federal match requirement. Commissioner Maine stated that the non-federal match requirement can include in-kind services. Mr. Woolford agreed and stated that he would coordinate with the Corps to understand this program, its requirements, and will provide an update at the next SMC meeting.

6.1.c 23-0044

State of Illinois FY23 Enacted Appropriations for Lake County (excerpt)

Mr. Woolford provided an update on the Lake County appropriations in the FY23 enacted State of Illinois Budget. It was noted that there is also another appropriation in the State’s budget, specifically for Park City Drainage Improvements, for $2.6M. SMC has received confirmation from the Governor’s office that the Park City funding has been released to DCEO and the grant managers will be working to finalize the agreement.

6.1. 23-0047

Planning, Building, Zoning and Environment Standing Committee for SMC Mr. Woolford briefly discussed the establishment of the County’s Planning, Building, Zoning and Environment (PBZ&E) Committee, its membership, and that the PBZ&E Committee is the standing Committee for SMC action items requiring County Board approval.

6.2 Chairman's Report

Chairman Schmit welcomed everyone to the meeting, including County Board Member Adam Schlick as a new Commissioner. Chairman Schmit also discussed the benefits the Commission provides throughout the County.

6.3 Commissioner's Report

7. ACTION ITEMS

7.1 23-0021

November 2022 and December 2022 Treasurer’s Report

Arnold Donato presented the SMC, RSMP, DRWW, NBWW Treasurer’s Reports for November and December 2022.

A motion to approve November and December 2022 Treasurer's Reports was made by Municipal Representative - Alternate Gust, seconded by Commissioner Hewitt, that this commission action item be approved. Motion passed by unanimous roll call vote

7.2 23-0037

Approval of FY23 SMC Carry Over for Grants and Capital Improvement Projects

Mr. Donato presented and requested approval of SMC’s FY23 carry overs for grants and capital improvement projects. Commissioner Maine asked if there are any rules or restrictions on how long something can be carried over? Mr. Donato explained that with these grant agreements, SMC is the grantee, not the grantor, and each granting entity has unique requirements. Mike Prusila also explained that with the EPA 319 grant program, the projects can be extended once or twice. Mr. Woolford added that staff understands and appreciates Commissioner Maine’s question and concerns. SMC tracks the grant projects and agreements to ensure deadlines/extensions are not missed.

A motion to approve FY23 Carry Over was made by Municipal Representative - Alternate Ryback, seconded by Commissioner Maine, that this commission action item be approved. Motion passed by a unanimous roll call vote.

7.3 23-0038

Approval of FY23 SMC Line-Item Transfers for Capital Engineering Equipment

Mr. Donato presented and requested approval of a FY23 SMC line-item transfer from Engineering Services to Engineering Equipment for Lidar capital engineering equipment. A motion to approve FY23 SMC line-item transfers was made by Commissioner Hewitt, seconded by Municipal Representative - Alternate Talbett. Motion passed by a unanimous roll call vote

7.4 23-0024

Ratification of DRWW FY23 Budget

Ashley Strelcheck presented and requested ratification of the DRWW FY23 budget. A motion to ratify was made by Commissioner Maine, seconded by Municipal Representative - Alternate Talbett. Motion passed by a unanimous roll call vote.

7.5 23-0027

Ratification of FY23 Technical Services Agreement DRWW Lake County Health Department Ms. Strelcheck presented and requested ratification of the FY23 Technical Services Agreement between the DRWW and the Lake County Health Department.

A motion to ratify was made by Municipal Representative - Alternate Weidenfeld, seconded by Commissioner - Alternate Casbon. Motion passed by a unanimous roll call vote.

7.6 23-0025

Ratification of NBWW FY23 Budget

Ms. Strelcheck presented and requested ratification of the NBWW FY23 budget. A motion to ratify was made by Municipal Representative - Alternate Gust, seconded by Commissioner Hewitt. Motion passed by a unanimous roll call vote.

7.7 23-0027

Ratification of FY23 Technical Services Agreement DRWW Lake County Health Department This item and the attachments were incorrect and therefore stricken from the meeting’s agenda. The correct item is the Ratification of the 2023 NBWW-NSWRD Technical Services Agreement and will be brought back to the February meeting.

Commissioner Maine requested that the budgets for the work groups be made available on the websites. Commissioner Maine also requested that Mr. Woolford update PWPT on the watershed work groups.

7.8 23-0028

Approval of an Intergovernmental Agreement between the SMC and the Shields Township for Talbot Avenue Drainage Improvement Project

Mr. Prusila presented and requested approval of the IGA between SMC and Shields Township for the DCEO Round 1 Talbot Avenue Drainage Improvement Project. A motion to approve IGA was made by Commissioner - Alternate Casbon, seconded by Municipal Representative - Alternate Weidenfeld. Motion passed by a unanimous roll call vote.

7.9 23-0040

Contract authorization with Christopher B. Burke Engineering Ltd. for DCEO Round 2 Professional Engineering and Design Services for the 20th Street Stormwater Improvements Project Phase 1, Zion, IL in the amount of $210,447.00.

Ernesto Huaracha presented and requested approval of the contract authorization with Christopher B. Burke Engineering, Ltd. for engineering and design services for the DCEO Round 2 20th Street Stormwater Improvements Project Phase 1 in Zion, IL in the amount of $210,447.00.

A motion to approve contract authorization was made by Commissioner Hewitt, seconded by Municipal Representative - Alternate Gust. Motion Passed by a unanimous roll call vote.

7.10 23-0042

Approval of FY23 Watershed Management Board (WMB) Funding Recommendation

Juli Crane presented and explained that 16 proposals were received as part of the FY23 WMB grant cycle, requesting $387,000 of WMB funds for combined total project costs of just over $1M. Ms. Crane requested the approval of the Watershed Management Board’s recommendations to fund nine WMB projects, with a cumulative project cost of $467,272 and WMB funding of $148,844 and one Watershed Management Assistance Grant (WMAG), with a total project cost of $20,935 and WMAG funding of $12,000.

A motion to approve FY23 WMB funding was made by Commissioner Maine, seconded by Commissioner Schlick. Motion passed by a unanimous roll call vote.

7.11 23-0043

FY23 Stormwater Infrastructure Repair Fund (SIRF) Eligibility Authorization for the Lake Eleanora Estates Homeowner’s Association Lake Eleanora Drainage Improvement Project, Long Grove Jacob Jozefowski presented and requested approval for the FY23 SIRF Eligibility Authorization for the Lake Eleanora Estates Homeowner’s Association Lake Eleanora Drainage Improvement Project, Long Grove. Commissioner Maine made the comment that the maintenance on the drain tiles should be added to the agreement.

A motion to approve SIRF eligibility was made by Municipal Representative - Alternate Ryback, seconded by Municipal Representative - Alternate Gust. Motion passed by a unanimous roll call vote.

7.12 23-0045

FY23 Stormwater Infrastructure Repair Fund (SIRF) Eligibility Authorization for Jackson Avenue Bioswale and Spillway Improvement, Wauconda Michelle Pope presented and requested approval for the FY23 SIRF Eligibility Authorization for the Jackson Avenue Bioswale and Spillway Improvement Project, Wauconda.

A motion to approve SIRF eligibility was made by Commissioner Schlick, seconded by Municipal Representative - Alternate Talbett. Motion passed by a unanimous roll call vote.

7.13 23-0054

Approval to Begin Community Re-certification Process

Brian Frank presented and requested approval to begin the community re-certification process. Commissioner Frank asked if SMC staff have seen any communities not apply the same standards that SMC does. Mr. Woolford explained that staff have seen this, and SMC has a process to determine if communities are recommended to be conditionally certified. Commissioner Frank also asked if there was anything in the re-certification process where SMC would still retain some authority with certain projects or circumstances? Mr. Woolford explained that SMC can conduct a conformance review in certain controversial/interjurisdictional cases, where the Certified Community has the authority to issue the Watershed Development Permit, but SMC also reviews and provides Regulatory comments to the Certified Community. Mr. Woolford added that the Watershed Development Ordinance identifies additional types of development that SMC does not delegate authority to the Certified Communities. Commissioner Talbett stated that there is also a de-certification process for communities that do not meet the standards of being certified.

A motion to approve was made by Municipal Representative - Alternate Talbett, seconded by Municipal Representative - Alternate Weidenfeld. Motion passed by a unanimous voice vote.

7.14 22-1716

Aye: 10 - Commissioner - Alternate Casbon, Commissioner Frank, Municipal Representative - Alternate Gust, Commissioner Hewitt, Commissioner Maine, Municipal Representative - Alternate Ryback, Chair Schmit, Municipal Representative - Alternate Talbett, Municipal Representative - Alternate Weidenfeld and Commissioner Schlick Ratification of Technical Advisory Committee (TAC) Appointments Kelcey Traynoff requested ratification of six new primary and alternate members for the Technical Advisory Committee (TAC).

A motion to approve was made by Municipal Representative - Alterante Gust, seconded by Commissioner Hewitt. Motion passed by a unanimous voice vote.

INFORMATION SECTION

Regulatory Reports

8.1.a 23-0049

Base Flood Elevation (BFE) Regulatory Guidance Memo

Mr. Frank presented SMC’s Regulatory Guidance Memo for Base Flood Elevation determinations. Due to the increased rainfall standards adopted in October 2020, all previous SMC-approved BFEs are outdated and will be reviewed on a case by case basis for use in regulated development permitting. Commissioner Maine asked for an example of a situation where the guidance memo would apply and what would need to be done differently. Mr. Frank provided an example and an explanation where the increased rainfall would not result in a change to the overflow conditions and therefore the previous SMC-approved BFE may be determined valid for a site-specific purpose. Commissioner Talbett asked if staff were anticipating pushbacks for insurance purposes? Mr. Frank explained that no, this isn’t anticipated because SMC-approved BFEs are local floodplains that are not shown on the FEMA Flood Insurance Rate Map, which is used for insurance purposes.

23-0023

8.1. November 2022 and December 2022 Regulatory Reports

Ms. Traynoff presented the reports for inspection status and monthly review times for November and December 2022.

8.1.c 23-0051

New DECI 101 Training Webinar

Ms. Traynoff presented a flyer for the New DECI 101 Training Webinar, which took place on January 18th.

Correspondence

Community Relations/Public Info

8.3.a 23-0048

SMC Notice of Invitation to Bid Request for Mitigation Bank Credits

Ms. Crane presented SMC’s notice of invitation to bid request for wetland mitigation credits.

23-0050

8.3. Wetland Professionals “WetPro” Forum 2.2 Announcement

Ms. Crane presented the “WetPro” Forum 2.2 announcement. The forum will be held on February 10th in person at the Lake County Central Permit Facility.

8.3.c 23-0052

Stormwater Coordinator position announcement

Mr. Woolford presented the Stormwater Coordinator position announcement and that the application period is open until January 31st.

9. EXECUTIVE SESSION

A motion to go into Executive Session was made by Member Frank, seconded by Member Casbon. Motion passed by a unanimous roll call vote. The Commissioners entered executive session at 7:30pm.

9.1 Executive Session to discuss the appointment, employment, compensation, discipline, performance, or dismissal of employees of the public body 5 ILCS 120/2(c) (1)

10. ADJOURNMENT

After returning from executive session at 8:07pm, a motion to adjourn was made by Alternate Ryback, seconded by Member Weidenfeld. Motion passed by a unanimous voice vote. Meeting adjourned at 8:08pm.

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