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December 3, 2019 7:30 pm


 

Status Scheduled

Group Board of Trustees

Location 300 Portwine Road Riverwoods, IL 60015

Agenda

BOARD OF TRUSTEES
FINAL AGENDA
December 3, 2019 – 7:30 P.M.

I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF MINUTES
• BOT November 19, 2019
• Semi-Annual Review of Unreleased Executive Session Minutes for Possible Release
V. DIRECTOR OF COMMUNITY SERVICES
VI. PLAN COMMISSION REPORT
VII. TREASURER REPORT
VIII. CONSULTANTS
• Gewalt Hamilton
• Village Attorney
• Village Ecologist
IX. POLICE REPORT
X. INFORMATION ITEMS & COMMENTS FROM THE PRESIDENT
1. Planning Budget for 2020
2. Crane’s Business Article on Suburban Water Use
XI. VISITORS WISHING TO ADDRESS THE BOARD
XII. ACTION ITEMS
NEW BUSINESS
A. APPROVAL OF BOARD MEETINGS SCHEDULE FOR 2020
B. AN ORDINANCE FOR THE LEVY OF TAXES FOR THE VILLAGE OF RIVERWOODS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019
C. AN ORDINANCE OF THE VILLAGE OF RIVERWOODS, LAKE COUNTY, ILLINOIS, ABATING THE 2019 TAX LEVY FOR $644,000 SPECIAL SERVICE AREA NO. 26 SPECIAL TAX BONDS, SERIES 2013, OF SAID VILLAGE.
D. AN ORDINANCE OF THE VILLAGE OF RIVERWOODS, LAKE COUNTY, ILLINOIS, ABATING THE 2019 TAX LEVY FOR $60,000 SPECIAL SERVICE AREA NO. 27 SPECIAL TAX BONDS, SERIES 2014, OF SAID VILLAGE.
E. APPROVAL OF SALARY/COLA INCREASES FOR 2020
OLD BUSINESS
F. AN ORDINANCE AMENDING ORDINANCE NO. 79-5-11, AS AMENDED CONCERNING THE USES ALLOWED UNDER THE SPECIAL USE PERMIT FOR COLONIAL COURT SHOPPING CENTER, 2nd Reading and Adoption

XIII. STANDING COMMITTEE REPORTS
– Trustee Haber……………………………….……….…………………………Legal & Utilities
– Trustee Chamberlain ….………………………………. Budget & Woodland Management
– Trustee Jamerson………………………………….………….………….Police & Building
– Trustee Goldstein………….…Storm Water; Communications & Information Technology
– Trustee Hollander………..…………………..………………………………. Roads & Land Use
– Trustee Clayton…………..…………Economic Development, Finance & Capital Planning
XIV. EXECUTIVE SESSION
• Litigation, Acquisition of Property, and Personnel

XV. NEXT REGULAR MEETING:
• December 17, 2019 – 7:30 PM

Minutes

Village of Riverwoods

Board of Trustees Meeting

December 3, 2019

APPROVED

 

In Attendance:

Cheryl Chamberlain

Michael Clayton

Eric Goldstein

Michael Haber

Henry Hollander

Rick Jamerson

John Norris, Mayor

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 Jamerson moved to approve the minutes from the November 19, 2019 Board of Trustees meeting.  Trustee Chamberlain seconded the motion. The motion passed unanimously on a voice vote with Trustee Haber abstaining.

Semi-Annual Review of unreleased Executive Session minutes for possible release.

Village Clerk Paras explained there were four sets of minutes from closed session:

May 7, 2019 – Discussion on Landmark Dividend

May 21, 2019 – Discussion on Joanne DeLoss’ salary

June 4, 2019 – Discussion on Landmark Dividend

August 20, 2019 – Discussion on the sale of property at Milwaukee and Deerfield Roads for Thornton’s

Trustee Jamerson moved to release the Executive Session minutes from May 7, 2019, June 4, 2019 and August 20, 2019.  Trustee Chamberlain seconded the motion.  The motion passed by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)

NAYS:  None (0)

 

Plan Commission Report

Chairman David Niedelman reported there will be a meeting on Thursday to discuss the definition of family size.

 

Village Attorney Report

Mr. Huvard reported the Village is still negotiating aspects of the Thornton’s contract.  He should have the redline back tomorrow.  The only challenge is how to handle street improvements in advance of what Lake County will do.

 

Police Report

Chief Dayno noted the police activity report is attached to the end of the minutes.  He informed the Trustees about a Riverwoods officer made five DUI arrests in one weekend.  It was very impressive.  On November 29, 2019 at 7:05 am there was a report of a burglary to motor vehicle outside Orange Theory.  The window was broken and a purse was stolen.

 

Information Items and Comments from the President

  1. Planning Budget for 2020

Mayor Norris reported the Village does not use a budgeting process; rather, use an Appropriations Ordinance where expenditures are approved.  The Village started a budget in 2013, for planning purposes.  This year, the Village lost about $1 million of sales tax revenue.  The Village was in the black previously and had large surpluses in the past, but 2019 had a shortfall.  The State Excise Tax has declined about 35 percent.  The Village is looking into this.  The Village has enough money for the coming year, but cannot run a budget with a shortfall.  Mayor Norris will call a Committee of the Whole meeting in January or February to discuss finances.

Finance Director Bob Fialkowski indicated the Village had a one-time revenue source which caused a net surplus of more than $1 million in the General Fund.  The Village also had an unanticipated expense of $212,000 for clearing the trees.  The Water and Sewer Funds had a positive cash flows, but the Village did not have capital improvements this year.  In the coming year, the General Fund revenues will total $3,283,700 which represents a decrease of 9.5% over the 2019 budget. MFT are expected to increase 36 percent from the 2019 budget due to the increase from the Transportation Renewal Fund allocation.  Mr. Fialkowski reported an Internet sales tax will be distributed per capita.  The new implementation in the middle of next year, will be based on the delivery point.  This is good news, as Riverwoods has a lot of buyers, but few brick and mortar, sales tax generating stores.  Property tax is within the Truth in Taxation limits.

There will be a $380,000 transfer from the General Fund to the Capital Improvement Fund.  Overall anticipated expenditures for the General Fund are $3,916,173.  There would be a $632,000 deficit without the $380,000 transfer.

Mayor Norris indicated this is a planning document and is not acted upon by the Trustees.  This will be discussed further at a Committee of the Whole meeting.

Trustee Haber noted if the $1.220,000 was amortized over the year, it would have shown a small deficit.  Mayor Norris explained they tried to have $90,000 removed each year from the sale amount.  Trustee Haber explained that without the $90,000, the deficit would only be $125,000.

The Trustees discussed possible dates for the Committee of the Whole meeting.  They suggested having it prior to a regular Board of Trustees meeting and will finalize a date.

 

  1. Crane’s Business Article on Suburban Water Use

Mayor Norris sent an article from Crane’s Business on suburban water use.  The principal message is that more water is being taken out of the aquafers than is being replaced by nature.  Riverwoods is fortunate that they both have access to Lake Michigan water and their own designates share of water allocation from the Lake.  The Village must consistently monitor and zealously preserve both.

Trustee Hollander questioned if the Village’s water allocation be enough if the entire Village went on Lake Michigan water.  Mr. Glenn explained the Village is fine right now, but if they do not use their allocation, the allocation may be reduced.

 

Visitors Wishing to Address the Board

James Gardner, representative from DHS, requested a donation for the Robotics Club.  He noted approximately 10 percent of the club members live in Riverwoods.  The club is lacking funding and does not receive money from the school.  Each member contributes $200 dues, but they are still down $3200 for their needs.

Mayor Norris noted the Village has a donation policy.  Trustee Clayton suggested Mr. Gardner be informed of the donation policy so he could complete the proper forms.  Mayor Norris explained this could be put on the next Board of Trustees agenda.

 

Old Business

Ordinance amending Ordinance 79-5-11, as amended, concerning the uses allowed under the Special Use Permit for Colonial Court Shopping Center

Mr. Huvard noted there were two items on the agenda from the last meeting.  The Ordinance incorrectly listed above was passed at the last meeting.  Mayor Norris explained the Board would not vote, but would hear testimony.

Dr. Susan Sirota is a pediatrician and Riverwoods resident.  Her presentation is attached to the minutes.

Dr. Jeff Gordon indicated Dr. Sirota is an expert on this matter.  He is an emergency room physician.  In addition to all of the facts from Dr. Sirota, he explained these products are dangerous to smaller children.  The dose related effects are weight based.   They have life threatening impacts.  There are terrible complications with THC products.

Mayor Norris noted the Village can have an advisory vote which could be ratified at the next Board of Trustees meeting.  Mr. Huvard noted the Text Amendment adds a definition of a cannabis dispensary in the Zoning Ordinance.  It makes clear if a cannabis dispensary is not expressly listed, it is prohibited.  A Text Amendment is not a package deal, but the Village needs a definition.  If this were to pass, it would require a Public Hearing before the Plan Commission then appear before the Village Board for a Special Use.  Trustee Haber noted the proposed location of the Buffalo Grove dispensary would prohibit a dispensary in the Village.  It may be wise to see what happens after January 1, 2020 as there is no compelling reason to do this now.  Mayor Norris noted the only eligible area is Colonial Court.  Mayor Norris noted some communities have deferred making a decision until the regulations are passed by the State.

Trustee Jamerson was seriously considering voting yes, based on revenue. His business has a random drug testing program for THC and will no longer be able to enforce it.  He agrees with Trustee Haber, because there is no place in the Village for a dispensary.  Mayor Norris provided a map with the number of municipalities that have approved or prohibited dispensaries in their towns.  There are a number of communities on both sides of the issue.

Trustee Chamberlain agrees with Trustee Haber.  She is not in favor of moving forward as the point may be moot and there are currently no regulations.  She does not believe the Village will gain anything at this time.

Mr. Huvard can bring a revised Ordinance with a definition in January.  Mayor Norris asked that the Ordinance is providing a definition, but that does not mean it will be approved.

Trustee Clayton questioned whether the Text Amendment would allow the Village to control the Zoning as well as a definition.  Mr. Huvard explained a Text Amendment would allow the Village to authorize a dispensary as a Special Use.

Trustee Jamerson noted if the Village opted out now, they could opt in later.  Mr. Huvard explained there is no time limit. Mayor Norris noted there was a perception that there was a time limit for the taxes.  Trustee Jamerson believes the Village needs a definition.  Mr. Huvard explained the Village could opt out currently, they could opt out in the future.  Trustee Hollander believes this is a moot point, but would like to keep the definition.  Trustee Haber believes having a definition would lead to an inference that the Village is open to allowing a dispensary.  As there are no possible locations, he believes it will be a waste of time and energy.   Mayor Norris would prefer it be specifically stated that the definition does not imply the Village will allow this.  Trustee Chamberlain believes it should be clearer.  There could be a time where there could be a location in the Village.

Mr. Huard will redraft the Ordinance for the next Board of Trustees Meeting.

Trustee Clayton agrees with Trustee Haber that this is a moot point because there is no place in the Village to put a dispensary.  Mayor Norris believes the Text Amendment should either defer regulations until there are state regulations or deny it.

Trustee Jamerson believes that because there are a number of larger suburbs that have opted in, Riverwoods would not get a lot of tax revenue.  Trustee Hollander suggested not doing anything until the regulations are out.

Trustee Hollander moved to continue the hearing on the Ordinance for additional redrafting to include a moratorium until after the State regulations are published.  Trustee Chamberlain seconded the motion.  Mr. Huvard suggested bringing the ice cream portion of the Ordinance for approval.  The rest will fade away until reintroduced by the Trustees.

Trustee Haber believes that because there is no location for a dispensary, it does not matter if the Village opts in or opts out.  He would prefer to wait until the regulations come in.  Either way, the Village cannot put in a dispensary.

Janie Epstein, Executive Director of Stand Strong Coalition explained there is scientific evidence that cannabis is addictive.  The coalition works on alcohol and drug prevention.  She is asking for policy change.  We have to do things to decrease access and prevent teens from being exposed to advertising.  The State left it up to each Village whether they want to sell cannabis. Ms. Epstein suggested saying no for at least a year.

Lydia St. John is a Deerfield resident.  People do not want this.  She spoke with a friend in Colorado who believes marijuana has become normalized and kids do not believe it is harmful.  We are trying to curb the use of alcohol and drugs.  It is about reputation as a community of choice.

Margaret deNekker, President of Community the Anti Drug, has access to a lot of information.  She made herself available as a resource.  Vaping is a big issue right now.  4 out of 5 kids say they have vaped and used marijuana over the past 90 days.  Some municipalities have passed a moratorium until they decide whether or not to opt in.

The motion passed by the following vote:

 

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)

NAYS:  None (0)

 

New Business

  1. Approval of Board Meeting schedule for 2020

Mayor Norris noted this needs to be approved to be posted.

Trustee Jamerson moved to approve the 2020 Board of Trustees meeting schedule.  Trustee Chamberlain seconded the motion.  The motion passed unanimously on a voice vote.

 

  1. Ordinance 19-45-23 for the Levy of Taxes for the Village of Riverwoods for the Fiscal Year beginning January 1, 2019 and ending December 31, 2019.

Mr. Huvard reported the rate is not set.  The Village asked for $524,000.  This year, the tax levy asked for $549,500, which represents a 4.9% increase.  The Board recommended a 5 percent increase in taxes to help bridge the gap between revenues and taxes.  Trustee Haber noted the General Fund subsidizes the police fund significantly.  The 4.9 percent is an increase of about $20 per household.  Trustee Haber would recommend raising the amount to decrease the gap.  Mayor Norris noted it would have to go through the Public Hearing process, and would be considered for next year.  Trustee Hollander asked for the amount to decrease the gap would be per household.  Trustee Clayton explained this is not for 2020.  He believes they will have to go to the public for a more significant increase to address the issue moving forward to provide a long range solution.  Mayor Norris would like to ask the State for the missing Excise Tax.

Trustee Jamerson moved to waive the First Reading of the Ordinance.  Trustee Chamberlain seconded the motion.  The motion passed unanimously on a voice vote.

Trustee Jamerson moved for Second Reading and adoption on the tax levy, amended to reflect a change for SSA 31, so their tax levy is $0.  Trustee Chamberlain seconded the motion.  The motion passed by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)

NAYS:  None (0)

 

  1. Ordinance 19-12-24 abating the 2019 Tax Levy of $644,000 for Village of Riverwoods, Lake County, Illinois, Special Service Area 26 Special Tax Bonds, Series 2013, of said Village.

Trustee Haber moved to waive the first Reading of the Ordinance.  Trustee Jamerson seconded the motion.  The motion passed unanimously on a voice vote.

Trustee Haber moved for Second Reading and adoption of the Ordinance.  Trustee Jamerson seconded the motion.  The motion passed by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)

NAYS:  None (0)

 

  1. Ordinance 19-12-25 abating the 2019 Tax Levy of $60,000 for Village of Riverwoods, Lake County, Illinois, Special Service Area 27 Special Tax Bonds, Series 2014, of said Village.

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

Trustee Haber moved for Second Reading and adoption of the Ordinance.  Trustee Jamerson seconded the motion.  The motion passed by the following vote:

AYES:  Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)

NAYS:  None (0)

 

  1. Approval of Salary / Cost of Living Increases for 2020

Mayor Norris noted there were some questions, so he would like to present a complete package at the next Board of Trustees meeting.

 

Standing Committee Reports

Budget and Woodland Management – Trustee Chamberlain reported she presented at a meeting with Libertyville and Mettawa with Steve Zimmerman and David Shimberg.  Riverwoods is at the forefront.  The Branding and Education Committee met Friday.  The community garden is finished.  Trustee Chamberlain and Clerk Paras would like another wine and cheese reception, as it was a good activity.

Police and Building – Trustee Jamerson reported permit fees are down more than 50%.  Construction values are down as well.  The Building Report is attached to the minutes.

Roads and Land Use – Trustee Hollander reported the fees went in for the SSAs.  He received three questions about the fees.

Trustee Clayton reported the Finance committee is working to transition the change in staff.  Bob Fialkowski will be leaving.  They are considering outsourcing the work.  The Village will issue an RFP to try to get actual bids for the type of work.

 

Adjournment

There being no further business to discuss, Trustee Jamerson moved to adjourn the meeting.  Trustee Chamberlain seconded the motion.  The meeting was adjourned at 9:42 pm.

 

The next regular meeting of the Board of Trustees will take place on December 17, 2019 at 7:30 pm.

 

Respectfully submitted,

Daphne Paras

Transcribed by: Jeri Cotton

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