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September 17, 2019 7:30 pm


 

Status Scheduled

Group Board of Trustees

Location 300 Portwine Road Riverwoods, IL 60015

Agenda

BOARD OF TRUSTEES
FINAL AGENDA
300 PORTWINE RD., RIVERWOODS, IL
September 17, 2019 – 7:30 P.M.

I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF MINUTES
• BOT – September 3, 2019
• BOT – Executive Session August 20, 2019
V. VILLAGE ECOLOGIST
VI. TREASURER’S REPORT – Cash Report
VII. ENGINEER’S REPORT
VIII. DIRECTOR OF COMMUNITY SERVICES REPORT
IX. ZONING BOARD OF APPEALS REPORT
X. PLAN COMMISSION REPORT
XI. POLICE REPORT
XII. VILLAGE ATTORNEY’S REPORT
XIII. INFORMATION ITEMS & COMMENTS FROM THE PRESIDENT
1. Discussion of Consultants Meeting Format
2. Public Private Roads
3. Des Plaines River at Flood Stage
XIV. VISITORS WISHING TO ADDRESS THE BOARD
XV. APPROVAL OF BILLS
XVI. ACTION ITEMS
New Business

AN ORDINANCE APPROVING THE PURCHASE AND SALE AGREEMENT WITH LANDMARK DIVIDEND; AND, A.1 CONSIDERATION OF ORDINANCE ESTABLISHING PROCEDURES FOR SALE OF REAL PROPERTY RE- THE PURCHASE AND SALE AGREEMENT WITH LANDMARK DIVIDEND

Old Business

A. AN ORDINANCE RESTATING CHAPTER 7 OF TITLE 8 OF THE RIVERWOODS VILLAGE CODE TO ADOPT NEW VERSIONS OF BUILDING, RESIDENTIAL, MECHANICAL, FUEL GAS, PLUMBING, FIRE PROTECTION, ELECTRIC, ENERGY CONSERVATION, ACCESSIBILITY, AND PROPERTY MAINTENANCE CODES
– (2nd Reading and Adoption)

XVIII. EXECUTIVE SESSION –
• Litigation, Acquisition, Property, and Personnel
XIX. ESTABLISH TIME AND DATE FOR NEXT MEETING
• Board of Trustees – October 1, 2019 -7:30 PM

Minutes

Village of Riverwoods

Board of Trustees Meeting

September 17, 2019

APPROVED

 

In Attendance:

Cheryl Chamberlain

Michael Clayton

Eric Goldstein

Michael Haber

Henry Hollander

John Norris, Mayor

 

Absent:

Rick Jamerson

 

Also Present:

Bruce Dayno, Police Chief

Bruce Huvard, Village Attorney

Daphne Paras, Village Clerk

Patrick Glenn, Village Engineer

Rob Durning, Director of Community Development

 

Call to Order:  7:30 pm

Approval of Minutes

Trustee Chamberlain moved to approve the minutes from the September 3, 2019 Board of Trustees meeting.  Trustee Clayton seconded the motion. The motion passed unanimously on a voice vote.

Trustee Chamberlain moved to approve the minutes from the August 20, 2019 Executive Session meeting.  Trustee Clayton seconded the motion. There were a minor changes by the Trustees.  The motion passed unanimously on a voice vote as amended.

 

Treasurer’s Report

Trustee Clayton noted the summary of revenues and expenses is in the Board packet.  The cash report is in the old format, which shows the confusing negative amounts.  All of the funds are operating where they were and the reserves are above target.  The capital expenditure report is not accounting based; rather, it shows the overall impact on the general fund. This is a no change scenario in regards to revenue sources and is based on the last projection prepared by Mr. Fialkowski.  It is a worst-case scenario approach, if the Board approved every capital project recently proposed.

 

Engineer’s Report

Mr. Glenn reported the river levels caused a scare over the weekend.  Friday morning, the levels were expected to be 16 feet.  They determined it was appropriate to activate the sandbagging efforts, but not the emergency operations center.  Mr. Glenn and Chief Dayno had daily calls with Lake County Emergency Management.  The Village found the calls to be constructive as the information was received directly from National Weather Service.  There were no flooded roads in the Village or homes impacted by the water.  The river crested at 15 feet, a foot lower than the forecast.  Mr. Glenn will make arrangements to pick up the sand and sand bags from resident’s homes.  He believes the Village has enough information to make appropriate recommendations and put in actual numbers to be more scientific in the protocol moving forward.  Mayor Norris indicated he received constant feedback from Mr. Glenn and Chief Dayno.

 

Director of Community Services Report

Mr. Durning reported a permit was issued for a shed for a home on Arrowwood.  The shed was put on hold as it did not meet the Zoning setbacks.  They have 7 more days to bring the shed in compliance.

 

Plan Commission Report

Mr. Huvard reported the Plan Commission met and closed the Public Hearing for 777 Saunders Road.  They recommended the Special Use be approved.  The Deerfield Village Board needs to sign off on it as well.

Mr. Huvard spoke with the people that want to purchase the Village owned property on Deerfield and Milwaukee Roads.

Mr. Huvard, Trustee Hollander, Trustee Clayton and Mayor Norris met with Teska Associates to assist the Village in putting together a master plan for Milwaukee Avenue.  He continues to get calls from the developer of the 37 acres and wants to see how that proposal relates to the corner parcel.  They propose 2 steps approach.  First, to prepare a master plan and look at the various uses in the area.  Then to prepare a master corridor plan.  They showed representatives from Teska the different proposals for the area.  Mr. Huvard noted the Village’s former consultant is now working with the Village of Buffalo Grove on their Milwaukee Road corridor plan.

Trustee Hollander noted several companies have expressed interest in the 37 acres.  None of them have come thru, possibly because of the engineering requirements.  He suggested waiting on a master plan until it is determined whether the developer can build in that location.

 

Police Report

Chief Dayno reported the police activity report is attached to the end of the minutes.  He noted on September 14, 2019, the alcohol and tobacco compliance checks.  All three businesses properly carded the agent for alcohol.  The Mobil station did sell tobacco and the cashier was cited.

Information Items and Comments from the President

  1. Discussion of Consultants Meeting Format

On the second and fourth Tuesdays of each month, a “consultant’s meeting” occurs at 9:00 am. In recent months, as many as 4 trustees have been in attendance.  The agenda is posted and minutes are kept in order to comply with the Open Meetings Act.  Mayor Norris questioned whether it is appropriate to have some of the Trustees attend when not all can attend.  The meetings are a great way to disseminate information in a less formal setting.  One suggestion is to make it more formal.  Another suggestion is to only have 1 trustee attend, on a rotating basis.

Trustee Haber asked who was at the consultant’s meeting on September 10, 2019.  Mayor Norris noted Trustee Hollander was the only trustee at that consultants meeting.  Trustee Haber believes it is problematic if more than one trustee is present as it is directing the business of the Board.  He noted the information at the consultants meeting may be different than the information received by the regular Board.  Trustee Haber suggested having a meeting with the full board before the regular Board of Trustees meeting once a month.  Having 4 out of 6 trustees is too problematic. Mayor Norris noted the Village could hold a monthly Committee of the Whole meeting.  Trustee Clayton questioned why it is problematic.  There was a committee meeting last week and a number of different topics were discussed.  He believes the consultants meetings are misnamed.  It is an operating meeting.  There is little conversation regarding policy.  Trustee Hollander thinks they are useful.  There are minutes issued after the meeting and he does not think the meetings violate the Open Meetings Act.  Trustee Hollander believes the Village would lose something valuable if trustees were not in attendance.  He would like any modification to retain the value and benefits of the meeting.

Mayor Norris believes 2/3 of the Board is too large a number.  Trustee Clayton indicated nothing is voted on at those meetings.  Mayor Norris noted Trustees’ minds can be persuaded.  It is such a large group.  Everyone should be able to speak.

Trustee Chamberlain initially objected to having only one trustee at the consultants meeting in 2010 and every year since then.  It is her understanding that it is the Mayor’s prerogative as to how he would like to run staff and set up the Board meetings, agenda, etc.  There are a number of ways to do that.  Trustee Chamberlain believes whomever is at the meetings has additional information available to them.  She has learned things at a consultant’s meeting that could have changed her vote.  It makes a huge difference as to how many trustees are in attendance.  Although it is not a policy discussion, it can sometimes border on that.  Trustee Chamberlain believes there is information that feeds into whether or not you want to have a policy discussion.  Some alternatives include having a rotating Trustee or have separate working meetings where they get information and discuss policy development.  Either are fine, but she would not want some trustees to be present and others not present.  It needs to be on an equal availability basis.

Trustee Hollander believes meeting once a month before a Board of Trustees meeting is a good idea.  He has attended every staff meeting because he needs the information and knowledge.  Trustee Hollander believes if a trustee chooses not to come it is their decision; they have not been excluded.  He suggested the time of the meeting could be changed.  As a trustee, he wants to participate and learn as much as he can about the government.  He has learned a lot.  Certain agenda items have been put forward to the Board meeting.  Mayor Norris believes it is his obligation to have meetings where everyone has a reasonable opportunity to attend.  He appreciates some trustees work.  Trustee Hollander does not believe a rotation where a trustee attends 2 meetings per year would be constructive.

Trustee Haber does not fault trustees for attending the consultant’s meeting but feels it has evolved into a mini board meeting.  There could be a vote when there is a quorum in attendance.  Consultants are to consult with the entire board; not just those that can make the consultant’s meeting.  Trustee Haber has received three sets of consultant’s meeting minutes on the same date and believes it needs to be addressed.  He is not available to attend a 9 am meeting and should not be less informed because other trustees can make the meeting.  Trustee Haber noted the consultant’s meetings were traditionally with the mayor and the consultants; however, information needs to be filtered to all the trustees at the same time.

Trustee Chamberlain expressed interest in having the information available to all of the trustees or none of them and the information should be given to them in a similar matter.  The building trustee was traditionally invited to the consultant’s meeting.  It was recently changed.  Trustee Chamberlain noted there are different ways to set up meetings.  She explained there is information coming from other sources such as employees, community leaders and paid consultants.  Mayor Norris noted people’s schedules change.  The reality is that he wants to do this in a way that will work.  Having it before a board meeting is not easy because it is still a formal setting.

Trustee Hollander believes it is difficult to find opportunities to speak with two trustees at the same time.  This is an opportunity for this to occur.  If it is just about getting the information, he suggested recording it and distributing it to all board minutes.  Mayor Norris does not believe a recording is as good as being there.

Trustee Clayton indicated the consultants have regular economic development meetings, finance meetings, personnel meetings, etc. with the purpose of sharing information.

Trustee Goldstein suggested having a monthly meeting prior to the Board meeting in the conference room or on an alternate Tuesday night.  Mayor Norris does not believe that would be less formal and expressed concern that it could be in violation of the Open Meetings Act.  He will discuss this option with counsel.

Trustee Hollander questioned whether the consultants believe having the Trustees in attendance is a good thing.  Mayor Norris has not heard anything but believes it may make them less comfortable.  He requested suggestions on how the pieces can work.

  1. Public Private Roads

Mayor Norris noted is information is not yet available.

  1. Des Plaines River at Flood Stage

The Des Plaines River is not causing major concern.

 

Visitors Wishing to Address the Board

There were no visitors wishing to address the Board on non-agenda items.

 

Approval of Bills

Trustee Chamberlain moved to approve the bills.  Trustee Clayton seconded the motion.  The motion passed by the following vote:

 

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander (5)
NAYS:  None (0)

 

New Business

Ordinance approving the purchase and sale agreement with Landmark Dividend

Ordinance 19.09.15 establishing procedures for the sale of real property – the purchase and sale agreement with Landmark Dividend

Mr. Huvard explained the agreement is for the sale of the Village interest in the leases with AT&T and T-Mobile.  The agreement is also a financing agreement.  In order to sell the real estate, the trustees can authorize an Ordinance, because Riverwoods is a Home Rule community.  The first Ordinance would authorize the agreement with Landmark Dividend.  The second Ordinance would establish procedures to sell real estate through a negotiated sale arrangement.

The first Ordinance is the actual approval of the agreement with Landmark Dividend.  It is a purchase and sell agreement as well as a lease agreement.  It transfers certain rights.  The agreement with Landmark Dividend includes various provisions that were accepted by Landmark Dividend’s counsel.  Trustee Haber noted that on the A-1 Ordinance, there is a provision that the sale is by negotiation that the Ordinance authorizing the sale requires ¾ of the Trustees rather than a majority of a quorum.  Mr. Huvard noted State law uses this language.  He explained a non-home rule community would require more than a simple majority.  Trustee Hollander noted the Board can buy property with fewer votes, but not sell it.  He would like the requirement to be the same for purchasing and selling.  Trustee Chamberlain believes ¾ makes sense with larger board and would prefer 2/3.  Mr.  Huvard suggested adopting the Ordinance and modifying it later. Trustee Chamberlain would not want it to be considered with another sale.   Trustee Haber suggested making it subject to a 60 day sunset provision.

Trustee Haber moved to waive the First Reading of the Ordinance.  Trustee Clayton seconded the motion.  The motion passed unanimously by a voice vote.

Trustee Haber moved for Second Reading and adoption, subject to a 60 day sunset provision.  Trustee Chamberlain seconded the motion.  The motion passed by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander (5)
NAYS:  None (0)

Ordinance approving the purchase and sale agreement with Landmark Dividend

Trustee Clayton moved to waive the First Reading of the Ordinance.  Trustee Chamberlain seconded the motion.  The motion to waive First Reading was passed unanimously by a voice vote.

Trustee Clayton moved for Second Reading and Adoption of the Ordinance approving the purchase and sale agreement with Landmark Dividend. The motion did failed by the following vote:

AYES:  Chamberlain, Clayton, Haber, Hollander, Norris (5)
NAYS:  Goldstein (1)

This Ordinance requires ¾ of the Trustees rather than a majority of a quorum, so it would require 6 affirmative votes.

 

Old Business

Ordinance 19.09.16 restating Chapter 7 of Title 8 of the Riverwoods Village Code to adopt new versions of building, residential, mechanical, fuel gas, plumbing, fire protection, electric, energy conservation, accessibility, and property maintenance codes

Mayor Norris noted Trustee Jamerson had some questions previously but is okay moving forward.

Trustee Haber moved for Second Reading and adoption of the Ordinance.  Trustee Chamberlain seconded the motion.

Trustee Hollander indicated half of the Ordinance deals with exceptions to the electrical standards.  He questioned how much of this was changed because of an individual with expertise in the electrical field.  Should we have a similar review in the other trades, such as plumbing.  Mr. Durning spoke with a plumbing exert who is comfortable with the Code.  He noted the electrical portion usually gets the most workover.  Mr. Durning indicated the bar is set very high for all facets.

The motion passed by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander (5)

NAYS:  None (0)

Ordinance 19.09.17 approving the purchase and sale agreement with Landmark Dividend

Trustee Clayton asked if the Trustees could amend Ordinance 19.09.15 to require 2/3 of the Trustees rather than ¾ of the Trustees.  The Mayor and Trustees discussed the possible scenarios.  Trustee Clayton expressed concern that Landmark Dividend may walk away from the deal because they would be grouping several deals together for financing.

Trustee Goldstein, having been on the prevailing side of the earlier vote on the Ordinance approving the sale and purchase agreement woith Landmark Dividend, moved to reconsider the agreement Ordinance with Landmark Dividend.  Trustee Clayton seconded the motion.  The motion passed by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander, Norris (6)
NAYS:  None (0)

The motion to reconsider having passed, the Ordinance approving the sale and purchase agreement with Landmark was again before the Board.  Trustee Clayton moved for Second Reading and Adoption of the Ordinance approving the purchase and sale agreement with Landmark Dividend. The motion passed, having received approval by ¾ of the corporate authority, by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander, Norris (6)
NAYS:  (0)

Trustee Chamberlain requested the Village look into a better way to handle this situation.

 

Adjournment

There being no further business to discuss, Trustee Chamberlain moved to adjourn the meeting.  Trustee Goldstein seconded the motion.  The meeting was adjourned at 9:08 pm.

The next regular meeting of the Board of Trustees will take place on October 1, 2019 at 7:30 pm.

 

Respectfully submitted,

Daphne Paras

Transcribed by: Jeri Cotton

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