Village Board Meeting

VILLAGE OF LIBERTYVILLE BOARD OF TRUSTEES February 9, 2021 Please note that the Meeting was Conducted Virtually due to Governor's Executive Orders #2020-10, 18, 32, 44, and 48. President Weppler noted that the Disaster Declaration is still in effect and will be until the next Village Board Meeting. President Weppler called to order a virtual meeting of the Board of Trustees at 8:00 p.m. Those present were: President Terry Weppler, Trustees Donna Johnson, Richard Moras, Jay Justice, Scott Adams, Peter Garrity, and Patrick Carey. ITEMS NOT ON THE AGENDA President Weppler asked if anyone had anything to bring before the Village Board that was not already listed on the agenda. There were no items. OMNIBUS VOTE AGENDA President Weppler introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion. Omnibus Vote Agenda 1. Minutes of the January 26, 2021 Village Board Meeting 2. Bills for Approval 3. RESOLUTION NO. 21-R-09: A Resolution to Approve an Amended PACE Dial- A-Ride Agreement 4. RESOLUTION NO. 21-R-10: A Resolution to Approve a Professional Services Agreement for Downtown Area Parking Lot Improvements 5. RESOLUTION NO. 21-R-ll: A Resolution to Approve a Water Main Easement Agreement with Community High School District 128 for the 2020 Watermain Replacement Program 6. RESOLUTION NO. 21-R-12: A Resolution to Approve a Contract Renewal with Integrated Lake Management, Inc. for the Annual Lake & Pond Management Program 7. RESOLUTION NO. 21-R-13: A Resolution to Approve a Raffle License - St. Vincent DePaul Archdiocese of Chicago 8. RESOLUTION NO. 21-R-14: A Resolution for a Raffle License - Libertyville Sunrise Rotary 9. RESOLUTION NO. 21-R-15: A Resolution to Approve a Storm Sewer and Drainage Easement at 1104 New Castle Drive  BOARD OF TRUSTEES/February 9, 2021 Page 2 10. RESOLUTION NO. 21-R-16: A Resolution for a Fee Waiver for Community High School District 128 Trustee Johnson moved to adopt the items listed on the Omnibus Vote Agenda in a single group pursuant to the omnibus vote procedures of the Liberty ville Municipal Code. Trustee Moras seconded. President Weppler asked for further Board or public comment. Trustee Garrity asked for clarification of PACE costs, and Administrator Amidei stated that prices have come down every year. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None Request for a IVIajor Adjustment to the Planned Development Final Plan - AGSCO Corporation, Applicant -1755 N. Butterfield Road President Weppler stated that the AGSCO Corporation was proposing to locate at the Libertyville Corporate Center at 1755 N. Butterfield Road. The AGSCO Corporation specializes in distribution and light manufacturing of industrial minerals and distribution of equipment for abrasive blasting. The land use is a permitted use at that site. The Corporation is appearing before the Village Board of Trustees to request a Major Adjustment to the Planned Development Final Plan to reduce the required number of parking spaces. The Zoning Code requires 1 52 parking spaces for this use while there are 83 spaces on- site. In addition, there are 42 land-banked spaces at the site. The petitioner states that the 83 spaces are a sufficient number of spaces for their use due to employee shifts. As there are additional land-banked spaces available if necessary, Staff supported the proposal. A Major Adjustment to a Planned Development was considered directly by the Village Board of Trustees. If the Village Board concurred with the request, an ordinance would be drafted for adoption at the next meeting. In the alternative, if the Village Board determines that the proposal is not in substantial conformity with the Final Plan as approved, the matter can be referred to the Plan Commission for hearing and recommendation. President Weppler asked for questions and comments. Mr. Lucas Williams ofAGSCO was available to answer questions. President Weppler asked for the total number of employees who would be present at one time, and Mr. Williams said that the maximum would be 57. Responding to questions regarding land-banked spaces. Director of Community Development John Spoden stated that the zoning code could require construction of additional spaces, but 57 would be the maximum number for a shift, and 12 spaces for another shift. Director Spoden and President Weppler stated that it might be reasonable to adjust the zoning code regarding parking spaces. Trustee Garrity asked if there would be any lot-fill activities, and Mr. Williams stated that only an additional 5-10 spaces would be required. The Village  BOARD OF TRUSTEES/Febmary 9, 2021 Page 3 Attorney, Hart Passman, suggested that language be added clarifying additional land- banked spaces. Trustee Moras moved to approve the request for a Major Adjustment to the Planned Development Final Plan for AGSCO Corporation, including additional language, and Trustee Carey seconded. President Weppler asked for further questions or comments and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 21-R-17: A Resolution to Approve a Master Pole Attachment Agreement between the Village of Libertyville and New Cingular Wireless President Weppler explained that in 2018, the Illinois General Assembly enacted the Small Wireless Facilities Deployment Act ("the Act"), which became effective on June 1, 2018. The Act sets forth requirements and limitations for the collocation of small wireless facilities by local authorities. In July 2018, the Village approved an ordinance establishing provisions for the regulation of and application for small wireless facilities in the Village's rights-of-way. Under said ordinance, if a wireless provider wishes to install a small cell facility on a Village-owned pole, then it must enter into a Master Pole Attachment Agreement. The provisions in the Agreement are in line with those within the Ordinance. New Cingular Wireless is the first provider that requested execution of a Master Pole Attachment Agreement. Upon establishment of the Agreement, they would still be required to submit an application for a permit for each individual installation. New Cingular Wireless has not yet submitted any permit applications for specific sites yet. The Agreement was reviewed by separate legal counsels on behalf of both the Village and New Cingular Wireless. Staff recommended adoption of the Resolution to approve the Master Pole Attachment Agreement with New Cingular Wireless and authorized execution by the Village Administrator. President Weppler then asked for questions and comments and there were none. Trustee Johnson moved to approve the resolution to approve a Master Pole Attachment Agreement between the Village of Liberty ville and New Cingular Wireless. Trustee Adams second. President Weppler asked for further questions or comments and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey  BOARD OF TRUSTEES/Febmary 9, 2021 Page 4 NAYS: None RESOLUTION NO. 21-R-18: A Resolution to Approve a Request for Special Event - Festival of the Arts President Weppler introduced a letter from the Adler Arts Center requesting Village Board approval for their 40th annual Festival of Arts event on August 7th and 8th, 2021. Adler Arts Center also requested to place a Banner in Cook Park and four entryway signs. The Art Festival is well-attended and brings residents and visitors to the downtown to shop, dine, and stay, consistent with the goal to promote Libertyville. Adler Arts Center will follow all current state and local government health regulations and all CDC recommendations regarding COVID 19. Approval of the event by the Village Board is subject to the following conditions: • DAMAC will complete the special event application which will specify the requirements for the event Due to the current mitigations of the Restore Illinois plan for the current pandemic, it was recommended all events are approved conditional on any potential restrictions at the time of the event being implemented. President Weppler asked for questions and comments. Adler Arts Center Executive Director Amy Williams was available to answer questions. She thanked the Village for support. Trustee Garrity moved to approve the resolution approving a request for a Special Event - Festival of the Arts, and Trustee Johnson seconded. President Weppler asked for further questions or comments and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Garrity, and Carey NAYS: None ABSTAIN: Trustee Adams RESOLUTION NO. 21-R-19: A Resolution to Approve a Professional Services Agreement for the Annual Water Main Replacement Program President Weppler explained that the Public Works Department has identified several locations within the Village that are in need of water main replacement due to age, condition and history of multiple breaks: 1) Walnut Street; 2) Mullady Parkway & Winners Circle; and 3) Oak Street. It was anticipated that the construction for these locations would occur in 2021. A fourth location (Winchester Road) was also included within the scope, with the intent of providing preliminary design services to determine a desired location for new water main within the Lake County Department of Transportation (LCDOT) right-of-way. The intent with that location would be to advance into final design likely in 2022, with construction either later in 2022 or in 2023.  BOARD OF TRUSTEES/February 9, 2021 Page 5 Staff requested a proposal from the firm of Gewalt-Hamilton Associates, Inc. (GHA) to provide surveying and engineering design services for each location. GHA has successfully completed the engineering design for the Village's annual water main program for the past several years. The proposal received from GHA is in the amount of $79,450. The proposal was included as Exhibit 'A' in the Village's standard professional services agreement. Sufficient funds in the amount of $89,240 remain and are available in FY 2020/21 Annual Budget - Utility Capital Improvement Fund to complete the proposed surveying and engineering design work. The proposed agreement with GHA is in compliance with the provisions of the Local Government Professional Services Selection Act as the Village has a satisfactory relationship for services established with GHA based upon their successfully completed water main design work for the past several years. Staff recommended adoption of the resolution to approve a professional services agreement for the annual Water Main Replacement Program with the firm of Gewalt-Hamilton Associates, Inc. in the amount of $79,450 and authorized execution by the Village Administrator. President Weppler asked for questions and comments and there were none. Trustee Moras moved to approve the resolution approving a Professional Services Agreement for the Annual Water Main Replacement Program, and Trustee Carey seconded. President Weppler asked for further questions or comments and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 21-R-20: A Resolution to Reject Construction Bids for the Digester Leak Repair and Air Pipe Painting Project at the Wastewater Treatment Plant President Weppler noted that routine proactive inspections by staff at the wastewater treatment plant identified that crack injection and coating work was needed at the east secondary digestor to stop current leaks and prevent future ones from developing. These same inspections indicated that Plant B aeration tank pipes, which are only primed, need cleaning and painting. Staff retained the firm of Strand Associates, Inc. to prepare project specifications, drawings and bid documents. Two (2) bids were received at the bid opening held on January 28,2021 and are summarized below:  BOARD OF TRUSTEES/Febmary 9, 2021 Page 6 Contractor Bid Amount G. P. Maintenance Services, Inc. $243,800.00 Sid's Sealants LLC Incomplete The lowest responsive bid was submitted by G. P. Maintenance Services, Inc. in the amount of $243,800.00. The bid received from Sid's Sealants LLC did not contain any of the required bid forms for bonding and pricing. The Fiscal Year 2020/21 Annual Budget provides $95,000 in the Utility Capital Improvement Fund for the two work items. The engineering costs would be $21,410. This leaves $73,590 available for construction. The lowest responsive bid significantly exceeds the available funds for construction; therefore, Staff recommended rejecting all bids. Staff will be exploring different means to complete this necessary work. Staff recommended approval of the resolution to reject the construction bids for the Digester Leak Repair and Air Pipe Painting Project at the Wastewater Treatment Plant. President Weppler asked for comments and questions. Public Works Director Paul Kendzior explained that the painting had never been completed and the pipe may have been primed 55 years ago. He noted that seasonal help would be able to do painting, and new quotes would be sought for the leak repair. Tmstee Johnson moved to approve the resolution to reject construction bids for the digester leak repair and air pipe painting project at the Wastewater Treatment Plant. Tmstee Justice seconded. President Weppler asked for further questions or comments and there was none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 21-R-21: A Resolution to Reject Construction Bids for the Chemical Line Replacement Project at the Wastewater Treatment Plant President Weppler reported that routine proactive inspections by staff at the wastewater treatment plant identified that the removal and replacement of the chlorine feed line between the chemical building and chlorine contact tank was needed due to its deteriorating condition. The addition ofchlorine to the plant's effluent is a critical component of the treatment process. Staff retained the firm of Strand Associates, Inc. to prepare project specifications, drawings and bid documents. Two (2) bids were received at the bid opening held on January 28,2021 and are summarized below:  BOARD OF TRUSTEES/Febmary 9, 2021 Page 7 Contractor Bid Amount Joseph J. Henderson & Son, Inc. $51,000.00 AMS Mechanical Systems, Inc. Incomplete The lowest responsive bid was submitted by Joseph J. Henderson & Son, Inc. in the amount of $51,000.00. The bid from AMS Mechanical Systems, Inc. did not contain any pricing information. The Fiscal Year 2020/21 Annual Budget provides $43,000 in the Utility Capital Improvement Fund for the proposed work. The engineering costs would be $10,960. This leaves $32,310 available for construction. The lowest responsive bid significantly exceeds the available budget funds, and therefore Staff recommended rejecting all bids for the project. Staff will be exploring different means to complete this necessary work. Staff recommended approval of the resolution to reject the construction bids for the Chemical Line Replacement Project at the Wastewater Treatment Plant. President Weppler asked for comments and questions. Director Kendzior noted that this project could be completed in- house. Trustee Justice moved to approve the resolution to reject construction bids for the Chemical Line Replacement Project at the Wastewater Treatment Plant. Trustee Moras seconded. President Weppler asked for further questions or comments and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None RESOLUTION NO. 21-R-22: A Resolution to Approve a new Contract for Alarm Monitoring Services with Fire and Security Systems President Weppler explained that currently, the Village of Libertyville Municipal Code requires Commercial Fire Alarms and Sprinkler Systems to be directly monitored at our dispatch center in Vernon Hills. Alarm monitoring services are currently provided by Fire and Security Systems (FSS). Monitoring is completed through an internet network of monitoring devices leased to businesses through FSS for the purpose of transmitting Fire Alarms directly to the Vernon Hills Dispatch Center. The current FSS contract expired on December 31, 2020, and the new agreement would be effective retroactive to January 1, 2021 through December 31, 2025 (5 years). FSS has been the Village's alarm monitoring contractor for the past fifteen (15) years and has a proven track record of good customer service and quality alarm monitoring.  BOARD OF TRUSTEES/February 9, 2021 Page 8 The new contract included price increases and fee changes, however FSS has not requested an increase over the last 10 years. The pricing changes and contract changes requested are as follows: Radio alarm leasing is currently $49 per month, leasing will remain $49 per month Alarm monitoring is currently $36 per month, FSS is proposing to raise the monitoring rate to $41 per month. Businesses that still have owned alarm monitoring radios would receive a new monthly fee of $ 15 per month, called a network service fee. Currently, we still have about 30 owned radios in circulation. The Village will remit an additional $5 per month per alarm to FSS for a total of $10 per month. The Village will continue to collect $31 of the proposed $41 monthly monitoring fee. FSS will continue to administer the billing with a change from annual billing to quarterly. The Village Attorney has reviewed the contract and staff recommended approval of the resolution, contract, and related changes to the fee ordinance. President Weppler asked for questions or comments and there were none. Trustee Carey moved to approve the resolution to approve a new contract for Alarm Monitoring Services with Fire and Security Systems. Trustee Adams seconded. President Weppler asked for further questions or comments and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None ORDINANCE 21-0-04: An Ordinance to Amend the Fee Ordinance - Alarm Fees President Weppler noted that as a result of the recent approval of the new FSS contract, the fee ordinance was amended to include the new related fees for alarm permits. Staff recommended approval of the ordinance. Trustee Adams moved to approve the ordinance to Amend the Fee Ordinance - Alarm Fees, and Trustee Johnson seconded. President Weppler asked for further questions or comments and there were none. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None  BOARD OF TRUSTEES/February 9, 2021 Page 9 PETITIONS AND COMMUNICATIONS President Weppler announced the following: A Town Hall meeting will be held virtually at 7:00 p.m. on Thursday, February 11, 2021 to discuss the Stormwater Utility Fee. The Firefighter Pension Board will meet virtually at 8:30 a.m. on Monday, February 15, 2021. The Historic Preservation Commission will meet virtually at 5:00 p.m. on Monday, February 15,2021. The Appearance Review Commission will meet virtually at 7:00 p.m. on Monday, February 15,2021. The Parking Commission will meet virtually at 10:00 a.m. on Tuesday, February 16,2021. The Economic Development Commission will meet virtually at 7:30 a.m. on Wednesday, February 17,2021. The Sustain Libertyville Commission will meet virtually at 4:00 p.m. on Wednesday, February 17,2021. The Parks and Recreation Advisory Commission will NOT meet at 3:00 p.m. on Thursday, February 18,2021. The Plan Commission/ZBA will meet virtually at 7:00 p.m. on Monday, February 22,2021. The Streets Committee will NOT meet at 7:00 p.m. on Tuesday, February 23, 2021. The Village Board will meet virtually at 8:00 p.m. on Tuesday, February 23, 2021. The Budget Workshop will be held virtually at 8:00 a.m. on Saturday, March 6, 2021. Administrator Amidei noted that the new agenda format is part of the Village adopting a paperless process and any feedback regarding the new format could be forwarded to her attention. ADJOURNMENT With no further business to come before Village Board, Trustee Johnson moved to adjourn at 8:50 p.m., and Trustee Carey seconded. The motion carried on roll call vote as follows: AYES: Trustees Johnson, Moras, Justice, Adams, Garrity, and Carey NAYS: None Respectfully submitted, V4A^- w-^ • i)^c^~ Sally A. Ko\ Village Clerk