Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, May 24, 2021 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. Roll Call II. REGULAR BUSINESS 1. Certificate of Payment Process Regarding the Satisfaction of Municipal Debts Committee Item Memo-Municipal Debts 2. Discussion Regarding a Proposed Change in the Process Related to Plats of Consolidation Committee Item Memo-Process for Approving Plats of Consolidation III. Public Comment IV. Executive Session 1. Pursuant to Section 2(c)(1) Personnel, Section 2(c)(6)Sale of Property Owned by the Village, Section 2(c)(21)Semi-annual Review of Closed Session Minutes V. ADJOURNMENT Page 1 of 16  Committee Item Memo Meeting Date: May 24, 2021 Staff Contact: Doug Cooper, Finance Director Department: Finance Subject: Certificate of Payment Process Regarding the Satisfaction of Municipal Debts Background Information: Attached is an Ordinance which would provide a mechanism to ensure that all accounts due to the Village are paid in full prior to a property sale being finalized. The Ordinance provides that once an agreement to transfer title of real-estate has been entered into between a buyer and seller, the holder of the real-estate (the seller) would contact the Village Finance Department to apply for a Certificate of Payment. The Finance Department would then investigate the seller’s open obligations to the Village to ensure that all obligations have been paid in full. Once this has been determined, the Finance Department would issue a Municipal Debt Satisfaction Certificate, effectively releasing any further obligation of the seller. If the Village Board were to approve the Ordinance, the Ordinance would be filed with the Cook County Recorder’s Office, effectively placing a lien on all properties in the Village which would be released with the issuance of the Certificate of Payment by the Village’s Finance Department—see the attached Ordinance--section 5-“Notice of Ordinance”. The following is additional information related to the Certificate of Payment: • The processing cost which would be paid by the seller is currently established at $10.00. • The Certificate process would be administered through the Finance Department. • If approved by the Village Board, the process is estimated to begin in September of 2021—this would allow time for the filing of the Ordinance with the County, as well as sending out information to the residents. • An appeal process has been established by the Ordinance—Section 2-1155. • Once approved by the Finance Department, the Certificate would be good for 30 days. Financial Impact: Page 2 of 16 To be determined. Recommendation(s): Board review of the Ordinance and discussion for passage at the June 14, 2021 Board of Trustees Meeting. Attachments: Division 6 Satisfaction of Municipal Debts Page 3 of 16  DIVISION 6. – SATISFACTION OF MUNICIPAL DEBTS Sec. 2-1150. - Purpose. The purpose of this division is to establish a system to provide for the collection of unpaid water service charges and other delinquent fees and charges owed to the Village from persons upon the sale or other transfer of real estate within the Village. Sec. 2-1151. - Definitions. The following definitions shall apply to the interpretation and enforcement of this division: Beneficial Interest means the interest held by a beneficiary in a trust where the trustee of the trust holds legal title to real estate for the benefit of the beneficiaries of such trust. Transferor of the real estate means the person or persons, entity or entities that transfer the title to real estate or the beneficial interest in a trust that holds title to real estate to another person or persons, entity or entities. The definition shall also include the transfer of control of a property subject to the Illinois Condominium Property Act from the developer to the condominium association board of managers. Village means the Village of Brookfield, Illinois. Sec. 2-1152. - Satisfaction of Municipal Debts. (a) Unless the transfer is exempt and only to the extent exempted, no real estate located in the Village and no beneficial interest of a trust holding title to real estate located in the Village shall be sold, quitclaimed, assigned, exchanged or otherwise transferred unless it has been 974932.2 Page 4 of 16  determined by the Village’s Director of Finance that: (1) The Village's water, sewer and refuse collection charges related to the real estate have been paid in full; and (2) That the transferor of the real estate is not otherwise in debt to the Village. (b) Unless exempted, the requirement of obtaining a Municipal Debt Satisfaction Certificate shall be mandatory on all transfers of ownership of or beneficial interest in real estate located within the Village. Sec. 2-1153. - Exempt Transfers. The following transfers are exempt from compliance with the requirement that the Village’s water, sewer and refuse collection charges related to the real estate have been paid in full: (a) The transfer of title or assignment of the beneficial interest of a trust holding title to a condominium unit for which a condominium association pays the water, sewer and/or refuse collection charges. Sec. 2-1154. - Application. (a) Upon entering into any agreement to transfer the title of real estate located within the Village or to assign the beneficial interest of a trust holding title to real estate located within the Village, the titleholder or the beneficiary of the trust holding title shall immediately and before the transfer make application to the Village’s Director of Finance for a final reading of the water meter serving the real estate and for a Municipal Debt Satisfaction Certificate, The application shall be 974932.1 1 Page 5 of 16  accompanied by the original deed or other document of transfer. Upon the final reading of the water meter’s being made and the amount owed being determined, including, but not limited to, any outstanding penalties for delinquent payments and for other monetary obligations owed to the Village, the applicant shall make full payment to the Village amounts then determined to be due, The application for a Municipal Debt Satisfaction Certificate shall be submitted to the Director of Finance during regular business hours not less than seven (7) business days prior to any proposed sale, assignment or other transfer of real estate or of the legal or beneficial interest of a trust holding title to real estate located in the Village to allow sufficient time for the Director of Finance to determine if the applicant has met the requirements for a Municipal Debt Satisfaction Certificate. (b) If the Director of Finance determines that the transferor of the real estate has paid in full all water, sewer and refuse collection charges as of the most recent billing, and that the transferor of the real estate is not otherwise in debt to the Village, the Director of Finance shall issue a Municipal Debt Satisfaction Certificate. The Municipal Debt Satisfaction Certificate shall state that as of the date of the most recent billing, all water, sewer and refuse collection charges have been paid in full and that the transferor of the real estate is not otherwise in debt to the Village. Any unbilled charges incurred after the issuance of the Municipal Debt Satisfaction Certificate to, and including, the date of the closing of the sale or transfer of the real estate shall remain the 974932.1 2 Page 6 of 16  responsibility of the transferor of the real estate. (c) The Municipal Debt Satisfaction Certificate shall be valid for a period of thirty (30) days from the date of issuance. (d) The Director of Finance shall keep a record of all Municipal Debt Satisfaction Certificates on file in the office of the Department of Finance. Copies of any Municipal Debt Satisfaction Certificate related to the property shall be furnished, upon request, to any person having a tenancy interest in the property for which the certificate is requested. (e) If the Director of Finance determines that the transferor of the real estate has not paid in full all water, sewer and/or refuse collection charges, or that the transferor of the real estate is otherwise in debt to the Village, no Municipal Debt Satisfaction Certificate shall be issued. Instead, the applicant will be issued a report in a form adopted by the Department of Finance which details any water, sewer, refuse collection charges, and/or debts owed by the transferor of the real estate to the Village. When, and if, the transferor of the real estate has paid the all of the debts noted on the report, the applicant may reapply for a Municipal Debt Satisfaction Certificate. Sec. 2-1155 - Appeals. (a) Any person whose application for a Municipal Debt Satisfaction Certificate has been denied may file an appeal with the Village Manager to contest the findings contained on the report or request that the requirements of this division be waived in his or her particular circumstances. 974932.1 3 Page 7 of 16  (b) An appeal to the Village Manager must be made by filing a Notice of Appeal with the Village Manager. The Notice of Appeal must be filed within ten (10) days from the date of issuance of the report denying the issuance of the Municipal Debt Satisfaction Certificate. The Village Manager may grant a variance from the requirements of the division only when the applicant can prove by a preponderance of the evidence that: (1) Compliance with the requirements of the division will place an extreme hardship on the applicant; or (2) Physical conditions of the real estate make compliance with the requirements of the division impossible. (c) The Village Manager shall hold a hearing on the appeal within seven (7) days of the filing of the Notice of Appeal. The Village Manager shall render a written decision within seven (7) days of the close of the hearing. Sec. 2-1156 - Fee. The Village shall charge a fee in an amount set forth in the Village’s Fee Schedule for the preparation of a Municipal Debt Satisfaction Certificate payable upon application for the Municipal Debt Satisfaction Certificate. Sec. 2-1157 – Penalty. Any person who participates in a sale or transfer of any structure, building or dwelling unit in the Village in violation of this division as seller, buyer, broker or agent, shall be subject to a fine of not less than Two Hundred Dollars ($200.00) nor more than Seven Hundred Fifty Dollars ($750.00) for such violation. 974932.1 4 Page 8 of 16 974932.1 5 Page 9 of 16  Committee Item Memo Meeting Date: May 24, 2021 Staff Contact: George Issakoo, Assistant Village Manager Department: Village Manager's Office Subject: Discussion Concerning the Process for Approving Plats of Consolidation Background Information: In recent months, Community Development staff has received a number of permit requests which have required plats of consolidation to be processed due to building regulations on properties that have multiple lots per parcel. Past practice has dictated that Village staff process these requests for Plats of Consolidation through the Planning and Zoning Commission and subsequently through the Committee of the Whole and Village Board for approval. This process has proven to be cumbersome and causes delays in the processing of permits. Below are a series of options that staff is seeking direction on for a path to expedite and streamline the process for approving Plats of Consolidation. It should be noted that, any change to this process would only impact projects that have no variations requested, and simply require a Plat of Consolidation due to an addition or new structure being built along multiple lot lines. Requests for approval of Plats of Consolidation in these instances would only be ministerial in nature. Any project that includes variations, in addition to the need for a Plat of Consolidation, would still go through the Planning and Zoning Commission. Option 1) Status Quo - The Village Board can elect to continue with past practice and require staff to bring Plats of Consolidation through to the Planning and Zoning Commission for approval before proceeding to the Committee of the Whole and Village Board meetings. It should be noted that this process is not required by the Village Code and has only been followed due to past practice. Option 2) Follow the Current Village Code - The Village Code currently allows for Plats of Consolidation to be signed and approved by the Village's Chief Building Inspector, the Village Attorney and the Finance Director. Upon these approvals, the Plat of Consolidation must then be presented to the Village Board for a final approval. This process would represent an improvement on the status quo and allow for more efficient processing of these requests. If the Board elects to utilize this process, staff would request that once approved administratively, staff be allowed to bring these Plats of Consolidation to the Village Board directly as opposed to presenting at a Committee of the Whole meeting first. Page 10 of 16 Options 3) Code Amendment Authorizing Administrative Approval - Staff has attached a proposed Code Amendment which would authorize staff to approve Plats of Consolidation administratively. Ultimately, this option represents the most streamlined approach with respect to expediting the approval process for Plats of Consolidation. With the Code Amendment, staff will have the authority to approve the Plat of Consolidation with the same signatures currently required by the Code, without the need for Board Approval at a subsequent Village Board Meeting. Attachments: Ordinance Amending Article II Entitled _Plat Requirements_ of Chapter 48 Entitled _Subdivisions_ of Page 11 of 16  ORDINANCE 2021 - ______ AN ORDINANCE AMENDING ARTICLE II ENTITLED “PLAT REQUIREMENTS” OF CHAPTER 48 ENTITLED “DEVELOPMENTS, IMPROVEMENTS AND SUBDIVISIONS” OF THE CODE OF ORDINANCES OF THE VILLAGE OF BROOKFIELD, COOK COUNTY, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 24TH DAY OF MAY 2021 Published in Pamphlet form by Authority of the Corporate Authorities of the Village of Brookfield, Illinois, this 24th day of May 2021. 992182.2 Page 12 of 16  ORDINANCE 2021 - ______ AN ORDINANCE AMENDING ARTICLE II ENTITLED “PLAT REQUIREMENTS” OF CHAPTER 48 ENTITLED “DEVELOPMENTS, IMPROVEMENTS AND SUBDIVISIONS” OF THE CODE OF ORDINANCES OF THE VILLAGE OF BROOKFIELD, COOK COUNTY, ILLINOIS WHEREAS, Section 2 of the Plat Act (765 ILCS 205/2) provides that plats of subdivision are to be submitted to the board of trustees of the Village of Brookfield (hereinafter the “Village”) for approval unless the Village Board of Trustees designates an officer to approve the plat; and WHEREAS, the corporate authorities of the Village have determined that it is advisable, necessary and in the best interest of the public to amend Article II entitled “Plat Requirements” of Chapter 48, entitled “Developments, Improvements and Subdivisions” of the Code of Ordinances of the Village of Brookfield, Cook County, Illinois, to eliminate the requirement of approval of plats by the Village Board of Trustees to designate an officer to approve the plats; NOW, THEREFORE, BE IT ORDAINED, by the Village President and Board of Trustees of the Village of Brookfield, Cook County, Illinois, as follows: Section 1: Recitals. The corporate authorities hereby incorporate the foregoing preamble clauses into this ordinance and adopt and make the determinations as hereinabove set forth. Section 2: Amendment of Section 48-20. Section 48-20 entitled “Approval of plats—Required.” of Article II entitled “Plat Requirements” of Chapter 48 entitled “Developments, Improvements and Subdivisions” of the Code of Ordinances of the Village of Brookfield, Cook County, Illinois, as amended, is hereby amended to read as follows: 992182.1 1 Page 13 of 16  Sec. 48-20 - Approval of plats—Required. Any person subdividing or consolidating lands, blocks, lots or sublots, or any part thereof, located in the village shall make a map or plat of such subdivision and, before recording the same in the county recorder’s office, shall submit the same to the chief building inspector and the village attorney for their examination. If such officers approve the same, they shall so certify; and such map or plat shall not be valid or effective, as far as the interests of the village are concerned, until it has been approved by the chief building inspector and the village attorneypresident and board of trustees. Section 3: Amendment of Section 48-21. Section 48-21 entitled “Same— Prerequisites” of Article II entitled “Plat Requirements” of Chapter 48 entitled “Developments, Improvements and Subdivisions” of the Code of Ordinances of the Village of Brookfield, Cook County, Illinois, as amended, is hereby amended to read as follows: Sec. 48-21. - Same—Prerequisites. No plat or map of a subdivision of any block, lot, sublot, or part thereof, or any piece or parcel of land shall be approved by the chief building inspector and the village attorney village board until the same is properly certified by a surveyor and acknowledged by the owner as provided by the general laws of this state, and until the owner makes oath that he believes he is the owner in fee of the property described in the plat, and until the same has been approved by the chief building inspector and village attorney. Section 4: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions hereof. Section 5: Repealer. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are to the extent of such conflict repealed. 992182.1 2 Page 14 of 16 992182.1 3 Page 15 of 16  Section 6: Effective Date. This ordinance shall be in full force and effect ten (10) days following its passage, approval and publication in pamphlet form as provided by law. ADOPTED this 24th day of May 2021, pursuant to a roll call vote as follows: AYES: ____________________________________ NAYS: ____________________________________ ABSENT: ____________________________________ ABSTENTION:____________________________________ APPROVED by me this 24th day of May 2021. _____________________________________ Michael J. Garvey, President of the Village of Brookfield, Cook County, Illinois ATTESTED, filed in my office, and published in pamphlet form this 24th day of May 2021. ___________________________________ Brigid Weber, Clerk of the Village of Brookfield, Cook County, Illinois 992182.1 4 Page 16 of 16