Board of Trustees Meeting 03.16.21
March 16, 2021 7:30 pm
Group Board of Trustees
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Agenda
Electronic Attendance Authorized
Pursuant Illinois Open Meetings Act. (5 ILCS 120/7)
As Amended by Public Act 101-0640
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Meeting ID: 572 576 9383
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Public comment may be submitted by email: info@villageofriverwoods.com
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PUBLIC HEARING
VILLAGE OF RIVERWOODS APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING DECEMBER 31, 2021.
300 PORTWINE RD., RIVERWOODS, IL
March 16, 2021 – 7:30 P.M.
BOARD OF TRUSTEES
FINAL AGENDA
300 PORTWINE RD., RIVERWOODS, IL
March 16, 2021 – 7:30 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
• BOT – March 2, 2021
IV. VILLAGE ECOLOGIST
V. TREASURER’S REPORT – Cash Report
VI. ENGINEER’S REPORT
VII. DIRECTOR OF COMMUNITY SERVICES REPORT
VIII. ZONING BOARD OF APPEALS REPORT
IX. PLAN COMMISSION REPORT
X. POLICE REPORT
XI. VILLAGE ATTORNEY’S REPORT
XII. INFORMATION ITEMS & COMMENTS FROM THE PRESIDENT
1. NSSRA update
2. Brief update on our partnership with Brushwood
3. Proposed Update to Village Fee and Rate schedule
XIII. VISITORS WISHING TO ADDRESS THE BOARD
XIV. APPROVAL OF BILLS
XV. ACTION ITEMS
New Business
A. REQUEST BY CHIEF DAYNO TO INCREASE THE NUMBER OF FULL-TIME SWORN POLICE OFFICERS FROM EIGHT TO NINE.
B. VILLAGE OF RIVERWOODS ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR FROM JANUARY 1, 2021 TO DECEMBER 31, 2021 Waive 1st Reading; 2nd Reading and Adoption
C. REQUEST FROM ANIL ABBOTT TO AMEND WATER CONNECTION AGREEMENT EXECUTED FEBRUARY 9, 2021 WITH VILLAGE OF RIVERWOODS
D. AN ORDINANCE AMENDING THE TEXT OF THE RIVERWOODS ZONING ORDINANCE ADDING AND REVISING DEFINED TERMS AND PROVISIONS PERTAINING TO SINGLE FAMILY DWELLINGS, HOUSEHOLDS, COMMUNITY RESIDENCES AND TRANSITIONAL RESIDENCES 1ST Reading
E. APPROVAL OF THORNGATE RESERVOIR RECOMMENDED 2021 REHABILITATION WORK
F. REVIEW OF WATER RATES AND STATUS OF REPAYMENT/FORGIVENESS OF MONIES ADVANCED BY GENERAL FUND TO WATER FUND
Old Business
G. NONE.
XVIII. EXECUTIVE SESSION –
• Litigation, Acquisition, Property, and Personnel
XIX. ESTABLISH TIME AND DATE FOR NEXT MEETING
• Board of Trustees –April 6, 2021 – 7:30 PM
Minutes
Village of Riverwoods
Board of Trustees Meeting
March 16, 2021
APPROVED
Electronic Attendance:
Cheryl Chamberlain
Michael Clayton
Eric Goldstein
Michael Haber
Henry Hollander
Rick Jamerson
John Norris, Mayor
Also Present Electronically:
Bruce Dayno, Police Chief
Patrick Glenn, Village Engineer
Bruce Huvard, Village Attorney
Daphne Paras, Village Clerk
Russ Kraly, Director of Community Services
Call to Order: 7:30 pm
Mayor Norris temporarily adjourned the meeting for the Public Hearing on the Appropriations Ordinance.
Electronic Attendance:
Cheryl Chamberlain
Michael Clayton
Eric Goldstein
Michael Haber
Henry Hollander
Rick Jamerson
John Norris, Mayor
Also Present Electronically:
Bruce Dayno, Police Chief
Patrick Glenn, Village Engineer
Bruce Huvard, Village Attorney
Daphne Paras, Village Clerk
Russ Kraly, Director of Community Services
Call to Order: 7:36 pm
Document Approval:
Trustee Jamerson moved to approve the minutes of the March 2, 2021 Board of Trustees meeting. Trustee Chamberlain seconded the motion. There was a minor change to the minutes. The motion passed, as amended, by the following vote:
AYES: Chamberlain, Clayton, Haber, Hollander, Jamerson (5)
NAYS: None (0)
Abstain: Goldstein (1)
Treasurer’s Report
Trustee Clayton presented highlights from the Cash Report for the end of February. Revenues are approximately $100,000 ahead of budget due to the CARES Act.
Director of Community Services Report
Mr. Kraly worked on a couple fire pole issues, including an electrical pole that would be fixed within the next 48 hours. There was an incident where the fire department could not find the hydrants, and he had the landscaper clean out the brush. Mr. Kraly noted the landscaper also cleared brush and debris from the park near the police department.
Trustee Chamberlain asked if the Village has an Ordinance to assist with fence upkeep. Mr. Kraly explained he will catch it under the property maintenance Ordinance. Laurie Breitkopf saw a posting about a possible vacant home. Mr. Kraly was in touch with the homeowner who said they would either work on it or demolish it and rebuild. Trustee Goldstein noted a lot of the woodlands were removed from the front lawn. He indicated the house is not in livable condition. Trustee Jamerson noted vacant homes need to be registered with the Village. Mayor Norris suggested the Village may need to be a bit more aggressive.
Plan Commission Report
Plan Commission Chairperson Laurie Breitkopf reported the Plan Commission held a Public Hearing on Thursday, March 4, 2021 to consider a Text Amendment to revise, define and add certain terms to the Zoning Ordinance. The Plan Commission voted unanimously to send a favorable recommendation to the Board of Trustees.
Information Items from the President
1. NSSRA Update
Kris Ford provided an update on the NSSRA renovations. The proposed estimate for the Village’s remaining contribution from 2019 was good as the funds were more than adequate and the bids came in favorably. The Foundation had a $2 million goal that was exceeded by $200,000. Construction has started and the NSSRA was able to cover roof repairs as well as wish list items. Ms. Ford hopes the construction will be completed during the Fall. NSSRA has moved their programs virtual and unfortunately had to let some employees go. If desired, Ms. Ford can arrange a tour of the construction site for the Trustees. The Northbrook facility will be going up for sale. Riverwoods will not see a contribution increase for at least a year.
2. Brief update on Village partnership with Brushwood
Trustee Clayton explained when the relationship with Brushwood was launched, many of the planned programs and benefits were designed to complement the traditional Village activities at Easter, Halloween, etc. Unfortunately, we have had to rethink the approach due to Covid.. Participation has been good at activities such as the nature walk, nature symposium, and outdoor exhibitions. The most disappointing program was the holiday concert, that was attended virtually by only four (4) households. A geocaching family activity was launched today at the Woodland Preserve and Ryerson. We plan to have other activities including storytelling and a sounds of nature concert for children in the future.
3. Proposed update to Village Fee and Rate Schedule
Mayor Norris noted there were a few changes, including water connection charges and meter fees. Mr. Huvard explained there have been a number of questions from residents about connecting to municipal water. Mr. Glenn shared the water connection map which includes properties currently on water and those not on water. There are a few properties in Special Service Areas that have paid the connection fees. There are some properties that have water available, but are not connected and could pay the connection fees. There are some properties that are not in SSAs and are not connected to water.
Mr. Glenn estimated the water main extensions to be just shy of $14 million. 368 properties would get new service and 87 properties would be connected. Completion of the water section would average $30,220 which represents a 30% increase from the current fee that was established in 2011. Mayor Norris explained this is the traditional way the connection fees have been determined. Mr. Glenn noted the fee amount in other areas is higher, due to significantly higher densities and developer-installed connections. The Trustees discussed the following:
• Would future SSAs have a connection fee higher or lower than what is required? Mr. Huvard explained the connection charge is borrowed for each SSA and have been added to the consolidated water fund. Should the connection charge be defined based on a formula approach?
• Could the Village perform a Phase I Engineering Study to possibly qualify for Federal funding? Mr. Glenn noted the funding for utility projects is through the State revolving fund program. It is a time consuming and burdensome process. Mr. Glenn noted the Village could also have easement challenges.
• The cost has gone up 3% per year on a non-compounding basis. Should the Fee Schedule include the 3% escalation; or, should the Trustees schedule a reevaluation of what the water fee should be on a regular basis?
• The original goal was to get as many people on municipal water as possible. Those that did not want to connect should have realized the cost could increase due to economies of scale. Mr. Huvard explained there were costs associated for the water main, reservoir, pumping station, etc. where everyone paid in equally. The Village could base the connection fee based on the cost to get it into a specific area divided by the number of homes.
• If someone has water at their lot because part of prior SSA, should they pay a $30,000 connection fee instead of the connection charge when the SSA was formed? If they were part of SSA, they paid the fee whether they wanted to connect or not. A new owner would not have paid a fee, if the former owner paid the fee from the SSA. Mayor Norris noted fewer houses can be charged a connection fee. Mr. Huvard explained at this point, the Village has a mature system. By forming a SSA, people would bring their costs down. If they are on a water main, they cannot be part of an SSA and would have to be charged the fee. There is no opportunity to band with others to pay less.
• Some residents opted out of connecting and have had use of their money while other residents cannot be part of an SSA and were not able to connect at a lesser rate.
• The Trustees asked how many people want to hook up to water. They believe there are a lot of people in Vernon Woods that want to hook up to municipal water. The water main was more than $1 million and 9 people wanted water. The lots were very large. People will not connect to the water main for $100,000 per lot. There are 104 houses in Vernon Woods, 30 are in SSA 24 and have water available.
• The Trustees questioned whether people with large lots should pay more. People had the option to connect and take advantage of economies of scale during the push to bring water to the entire Village. Mayor Norris noted in late 1990s and early 2000s, the Village was very aggressive in trying to get municipal water everywhere.
• Another issue is for people buying a house that want water. Mayor Norris indicated the Village receives 2-3 inquiries a week asking if a house has water and sewer and if the new homeowner could get it. Mr. Huvard suggested the Board could think about a project where Village gets water for anyone that does not have it and charges people through a rate structure (not an SSA). Mayor Norris noted that would be a policy decision. There was formerly a Referendum on water, but it failed. That is why Village went to SSAs.
4. Gaming Business in the Shoppes of Riverwoods
Trustee Hollander, Mayor Norris, Ms. Ford and Mr. Huvard spoke with individuals that want to open a gaming business in the former Chase Bank at the Shoppes of Riverwoods. They are looking to add six (6) slot machines and serve liquor to meet State requirements. There would be no carry out service on liquor. They want to be open until 1 or 2 am. They asked about the potential revenue, which would be about $5000 – $8000 per year plus $1000 per year per machine, or less than $20,000 for the Village. Part of problem is the concept of having gambling in the Village. They were looking for a sense of the Board regarding looking favorably on this and a liquor license. Mayor Norris asked them to provide a history of other types of businesses that move in once their shop is set up. Trustee Hollander noted the Shoppes are not what we anticipated five years ago and we need to reevaluate the situation. Trustee Jamerson noted there are a couple on Dundee Road west of Milwaukee and was unsure if anyone checked with the Wheeling Police Department to see if there are any issues. Trustee Haber is less concerned about gaming parlor than empty stores. Trustee Chamberlain is concerned about other tenants and how it may affect them. A gaming parlor is the opposite of a dentist and health care tenants. She understands the Village is not getting sales tax from them, but wants healthy businesses. Trustee Hollander said the businesses surrounding other locations see significant increased business. Mr. Huvard noted they said they increase business to convenience type stores. Mayor Norris asked them to make a full presentation to get a better feel for it. Ms. Ford would like to hear from Chief Dayno about security. Chief Dayno has not spoken to Wheeling. Several years ago, there was discussion. He spoke with other chiefs who said it was insignificant. Mayor Norris suggested moving forward on seeing a proposal from them.
Visitors wishing to address the Board
There were no visitors wishing to address the Board on non-agenda items. There were no emails.
Approval of Bills
Trustee Jamerson moved to approve the bills. Trustee Chamberlain seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
New Business
Request by Chief Dayno to increase the number of full-time sworn police officers from eight (8) to nine (9)
Chief Dayno explained the Department currently has eight (8) full-time officers and eight (8) part time officers. The full-time officers are what is allotted. He would like to get to 10 part time officers, but the applications are not clean. The reason the Village supplements the full-time officers is we want two officers on road at all times. It costs the Village money in overtime, which we want to avoid. Chief Dayno is asking for the addition of a 9th full-time officer, which would lessen reliance on part-time officers. The salary for a full-time officer at step 3, is $79,040 per year; adding IMRF, FICA and health makes the total cost $117,668. The cost for a part-time officer to fill in at 2080 hours is $61,048. The cost would be $56,620. Subtracting over time amount when a part officer not available, ($22,500) would bring the cost to hire a full-time officer to $34,120. The prorated cost for 2021 would be $25,590. Mayor Norris noted Chief Dayno is having difficulty getting part-time officers to apply and even more difficulty finding part-time officers that meet the Village’s standards. Chief Dayno noted the full-time officers would be happy to have someone else in the department.
Trustee Jamerson moved to approve the request to increase the number of full-time sworn police officers to nine. Trustee Hollander seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
Village of Riverwoods annual Appropriations Ordinance 21-03-04 for the fiscal year beginning January 1, 2021 and ending December 31, 2021.
Trustee Haber moved to waive the First Reading of the Appropriations Ordinance. Trustee Jamerson seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
Trustee Jamerson moved for Second Reading and adoption of the Appropriations Ordinance. Trustee Haber seconded the motion.
Trustee Chamberlain ensured the increase just discussed is reflected in the Ordinance. The police appropriation does not need to be changed.
Trustee Jamerson noted the appropriation for the administration salary increased. Mayor Norris noted there is some more leeway to cover anyone that would be retained. Trustee Jamerson noted the FICA was not increased. Trustee Clayton asked about appropriations for the Chamber of Commerce and SWALCO. Mayor Norris noted it should have been there under memberships but believes there is enough money to cover it. Trustee Clayton noted the Village ran over budget in woodland management categories last year. Trustee Chamberlain noted it depends on how we want to do things going forward. If we have a lot of people that want to participate, it will be more. We discussed having an allotment for this year and requiring others to apply for the next fiscal year. One reason we went over was people were home and paying a lot of attention to properties. If that continues, the Village would have higher than normal participation. Mr. Huvard suggested adding $5000 each for SWALCO and the Chamber. Trustee Hollander likes the idea of moving applicants to the next budget year if the budget spent. Trustee Chamberlain asked to add $5000 to woodland budget. Trustee Jamerson believes the Village needs to be prudent and have a maximum amount. When it is gone, it is gone. Mayor Norris suggested increasing the miscellaneous category by $5000 as well.
Trustee Jamerson agrees to the aforementioned changes to SWALCO, the Chamber of Commerce, the Woodlands and Miscellaneous appropriations. Trustee Haber accepts the amendments.
The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
Request from Anil Abbott to amend water connection agreement executed February 9, 2021 with the Village of Riverwoods
Mayor Norris explained Mr. Abbott is requesting the water connection agreement be modified. Anil Abbott explained they received temporary occupancy for the business. He is asking for 30,000 gallons per month. Most of the car wash customers are coming over the weekend and the weekdays are slower. He is requesting the same amount of water for weekends not weekdays. Mr. Glenn does not recommend using an average day calculation. The peak day calculation is there because it is the demand a particular use puts on the infrastructure. A customer pays their fair share of the infrastructure to make it possible to deliver the peak demand. If you imagine everyone only paying their average demand, the infrastructure would not be available to meet times of high demand. The agreement is a 2-year look back. If there was an event, like a free carwash day, he expects the Board would consider it reasonable to exclude that day. To go with an average would drag the number down too far. Mr. Glenn does not recommend Board accept the proposed amendment. Trustee Jamerson noted people with an electrical meter pays for the power they use. Businesses pay for the power they use as well as the peak demand. They have to have enough power to meet the peak demand. ComEd resets the peak demand every 15 minutes. Trustee Jamerson does not believe the average should be considered, as inclement weather could cause a zero. Trustee Hollander noted every business has consideration of a major cost. The Village has tried to help with the current agreement, but does not believe it should be changed. Chamberlain understands this type of business has usage vary daily. The pricing does not change based on the business.
Mr. Abbott asked the difference between a house and a business. He asked if he should stop the business after it reaches 1000 gallons in a day. The demand for a car wash business is on a weekend. Trustee Haber noted this is a connection fee. Mr. Abbott would only pay for the water he uses. Trustee Jamerson explained this is a one-time fee to connect to the water main. Trustee Chamberlain added it is an infrastructure fee, not a usage fee. The $8.90 per thousand-gallon water fee will be separate. Mr. Glenn suggested revisiting it after receiving two years of usage data. If after two years, the Village sees only a couple peak days, it would be reasonable to come back. If every weekend, the usage is consistently high, this is a reasonable number for the connection fee. Trustee Haber noted the Village has already made a concession and believes this will only work to Mr. Abbott’s benefit.
Trustee Haber moved to deny the request to amend the water connection agreement executed February 9, 2021. Trustee Clayton seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
Mayor Norris noted the Village is trying to be fair by delaying collection of the connection fee.
An Ordinance amending the text of the Riverwoods Zoning Ordinance adding and revising defined terms and provisions pertaining to single family dwellings, households, community residences and transitional residences. First Reading.
Trustee Clayton moved for First Reading of the Ordinance amending the text of the Riverwoods Zoning Ordinance adding and revising defined terms and provisions pertaining to single family dwellings, households, community residences and transitional residences. Trustee Jamerson seconded the motion.
Mr. Huvard noted the Plan Commission made a preliminary recommendation and held a Public Hearing on the draft Ordinance.
Trustee Haber explained the definition of a household is defined as not transient or temporary but have four things. He believes the Village should add the word “or” not “and” before it. Mr. Huvard agreed it was not the intent to make all four present.
The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
Approval of Thorngate Reservoir recommended 2021 rehabilitation work
Mayor Norris explained this is a maintenance program for the reservoir that has been approved. This is approval to get the maintenance done and the cost.
Trustee Jamerson noted $2600 was in red. Mr. Glenn explained it should not be in red. Trustee Jamerson noted the lighting would change to LED and asked why we would wait to change the lights to LED now for $6000 cost. Mr. Glenn agrees.
Trustee Jamerson moved to approve the recommended Thorngate Reservoir rehabilitation work subject to the above changes. Trustee Clayton seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
Review of water rates and status of repayment/forgiveness of monies advanced by the General Fund to the Water Fund
Mayor Norris went through the Ordinances and Resolutions that address the water fund and sewer fund costs and payment transfers. Miller Cooper noted the Village needs to determine if there is money due or if it is forgiven. There is no specific evidence the funds were forgiven or paid back. Trustee Hollander was told that the funds were not taken from the general fund; rather the water fund was supposed to be self-supporting and not subsidized by general fund. Mr. Huvard believes the Board wanted water projects to be self-supporting. When getting the grants, the Village put money into the system that had broader benefits than those being served. The general fund at the time had a large balance. One concern was the Village was sitting on the money. The Board appreciated there was a user pay philosophy, but agreed to use general fund money for large scale projects. Mr. Huvard recalls the Village has been carrying the ‘due to’ for several years, but auditors suggested either forgiving the money or paying it back. Part of the concern was to track the Ordinances and Resolutions at year end. It was under specific circumstances and was not intended to shift the policy that these funds should stand on their own feet. It was being driven by auditors to clean up the funds. The other part was when the water fund was analyzed, determined how much money should be in water fund for potential capital expenditures, determined there should be a $2 million reserve. If the money needed to be paid back, the amount would have had to be increased to cover the potential payback. The policy has been user pay on water. Trustee Haber asked about the infrastructure sales tax since 2003. Mr. Huvard noted the infrastructure tax was ¼ or ½ percent. Trustee Clayton believes the loan has been forgiven due to an interfund transfer in 2008. The Board voted and accepted the audit, which indicates the $833,000 loan has been forgiven. Mayor Norris indicated any money that comes into the water fund cannot be transferred out of the water fund while general fund money can be transferred to other funds. He noted the amount transferred is the exact amount from the loan, so it was most likely forgiven. Trustee Jamerson questioned whether the Village is still collecting any infrastructure sales tax. Mr. Huvard explained the Village increased the amount when we became home rule. The infrastructure sales tax is now just part of the home rule tax.
Mayor Norris asked if the connection and water rate should remain as is. He believes it should be increased slowly. The Village increased the rate when Northbrook increased the rate to the Village. Trustee Clayton noted a 12% increase for an average household would increase the rate by $1.05 more per thousand gallons. Mr. Glenn noted the rate would increase about $10 per month for most domestic users, but it would be significantly higher for those with irrigation systems. Mayor Norris would like to continue to the next meeting as part of general rate structure.
Trustee Hollander asked what the increase should be to make up for the deficit over the next four years. Mr. Glenn noted it can be done incrementally over a period of 4 years. He will bring the information to the next meeting.
Trustee Jamerson explained the Village cannot prevent Northbrook from raising their rates. Trustee Chamberlain believes the Village should continue with incremental rate increases rather than a large increase. Trustee Haber heard Lincolnshire will be getting water directly from Lake Michigan. If that is correct, he asked if the Village could get a third source of water to keep competition working in our favor. Mr. Glenn will look into it.
This will be tabled to the next meeting.
Old Business
There was no Old Business
Adjournment
There being no further business to discuss, Trustee Chamberlain moved to adjourn the meeting. Trustee Jamerson seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
The meeting was adjourned at 10:02 pm.
The next regular meeting of the Board of Trustees will take place on April 6, 2021 at 7:30 pm.
Respectfully submitted,
Daphne Paras
Village Clerk
Transcribed by:
Jeri Cotton