Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD MEETING Tuesday, December 13, 2022 at 8:00 PM Village Hall Board Room 118 W. Cook Avenue Libertyvilie, IL 60048 mn Mayor Johnson called lo order a meeting of the Board of Trustees at 8:16 p.m. Those present were: Mayor Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Hickey, Matthew Krummick, Dan Love, and James Connell. Items Not on the Agenda j Presentation of items not on the Agenda will be limited to three (3) minutes Mayor Johnson read a proclamation into the record recognizing Shear Fashion Beauty for their tenure in the community and also retirement Mayor Johnson recognized Police Officer Bill Mitchell for his 20 years of service with the Village and congratulated him on his upcoming retirement. Mayor Johnson recognized Deputy Police Chief Matt Goze for his 25 years of service with the Village. Mayor Johnson recognized Lieutenant Belinda Steckenrider for her 25 years of service with the Village. Mayor Johnson asked if there was any public comment. Sandy Suydam Mil!er, a former resident and member of the Suydam Family who owns property in downtown Libertyville spoke regarding the sale of their property. The Sudan Family has retained the services of Baird and Warner to assist with the sale. Ms. Miller asked Meg Pachino, of Baird and Warner to read a letter into the record on behalf of the family. Meg Pachino read a letter from the Sudan Family into the record regarding the sale of the property to a local developer. The letter requested that the Village proceed with approval of the next phase in the development process. Specifically, they would like more information regarding density requirements prior to developing detailed drawings and to hear an update regarding the progress at the next regular Village Board meeting. Laura Kaya, 1716 Young Drive, spoke regarding the Adler Drive traffic situation because of the Liberty Junction development. She discussed the bump-out that was installed. She feels it is unsafe and is a nuisance. The curb that was added only allows one car to pass in the intersection and she feels it Is unsafe. She asked that the Village Board study and reconsider the bump-out. Mayor Johnson responded that staff has received several emails from neighbors requesting that the Village inquire with the contractor as to the status of the bump-out. She reported that the Village Engineer has stated that it does meet the standard width of a Village road. The stop sign and stop bar are also being relocated. Community Development Director Spoden replied that work was being done to address the issue. Ms. Kaya asked if staff could review the situation at nighttime as she feels it is the most dangerous time. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting IVIinutes December 13, 2022 Nancy Ryan of 1709 Cedar Glen Drive also spoke on the Liberty Junction development. She added that the intersection should be looked at in the evening and during inclement weather. She noted that it was not clear that it was only going to be one lane. She wants to also ensure that additional signage will be added to mitigate southbound traffic from cutting through the neighborhood. Community Development Director Spoden stated that he does not believe that was part of the restriction. Ms. Ryan noted that it is down to only one lane. Mayor Johnson asked to clarify if it is only one lane. Discussion ensued. The current width is standard. Public Works Director Kendzior clarified that it is a three-way stop, which means one car should be entering the intersection at a time. Ms. Ryan requested that additional signage be added to clarify the three-way stop. Ed LeJeaune owner of the hardware store on Milwaukee Avenue spoke regarding the new immediate care center being developed next to his store. He believes the grading that is being done is not proper. He has spoken with the Village Engineer about his concerns. He expressed additional concerns regarding the construction company that is performing work. Village staff will follow-up. Omnibus Vote Agenda Mayor Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for a separate discussion. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the November 22, 2022 Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 22-R-165: A Resolution to Approve a Requested Display of a Menorah in Cook Park E. RESOLUTION NO. 22-R-166: A Resolution to Approve the Schedule of Regular Meetings for 2023 F. ORDINANCE NO. 22-0-87: An Ordinance to Amend the Libertyville Municipal Code Section 23-28 to Correct a Discrepancy for the Speed Limit on Fourth Avenue G. ORDINANCE NO. 22-0-88: An Ordinance Granting a Variation regarding a Rear Yard Setback- 1205 Parliament Court H. Report of the Appearance Review Commission I. Report of the Historic Preservation Commission A motion for approval of the omnibus agenda was made by Village Trustee Adams, Seconded by Village Trustee Garrity. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes December 13, 2022 Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. REGULAR AGENDA 4. ORDINANCE NO. 22-0-89: An Ordinance to Approve the 2022 Concord Interlaken Special Service Area Tax Levy Mayor Johnson reported that at the November 8, 2022 Committee of the Whole meeting, the Village Board reviewed scenarios for establishing the 2022 tax levy. At the meeting of the Village Board on November 8, 2022, the Board adopted Resolution No. 22-R-158, formally estimating the 2022 tax levy. As required by State law, a public hearing was held on November 22, 2022 to solicit public input on the proposed levy. During the process, and after evaluating several options, the Village Board directed staff to prepare a 2022 tax levy totaling $12,333,956 which after all abatements will be $9,432,382, or a 6.44% increase over the 2021 extended levy. The tax levy includes funding for repayment of the voter- approved road bonds that were issued in 2012, 2013, 2014 and 2015 (the 2012 and 2013 issuances were refunded to lower rate securities in 2021). The ordinance establishes a 2022 tax levy of $12,333,956. Mayor Johnson asked if there were any public comments, and there were none. A motion for approval of an Ordinance establishing the 2022 tax levy was made by Village Trustee Hickey, Seconded by Village Trustee Adams. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. 5. ORDINANCE NO. 22-0-90: An Ordinance to Approve the 2022 Concord at Interlaken Special Service Area Tax Levy Mayor Johnson stated that on June 10, 1997, the Village Board adopted Ordinance 97-0-43 establishing the Concord at Interlaken Special Service Area. The special service area was created for the operation, upkeep, maintenance, repair and renewal of the storm water detention facility and associated landscaping, the public directional sign and associated landscaping, and the perimeter landscape screening and fencing necessary to serve the Concord at Interlaken subdivision and Lot A. The 2022-2023 Budget appropriated $27,429 for the special service area. The ordinance levies $23,040 for the Concord at Interlaken Special Service Area. The property tax will be assessed on a per lot basis per Ordinance 98-0-83, approved by the Board on November 10, 1998. Each home will be assessed approximately $256, which represents no change from the 2021 extended tax levy. The fund balance in the fund is estimated to be $62,197 as of April 30, 2023. Mayor Johnson asked if there were any public comments, and there were none. Trustee Garrity stated that an extensive review of the levy was completed a few years ago and he supports the levy. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes December 13, 2022 Trustee Mickey reported that the Special Service Area tax levy only applies to the homes in that area. It in effect acts as a homeowner's association for the area. A Motion was made to approve an Ordinance approving the 2022 Concord at Interlaken Special Service Area Tax Levy by Village Trustee Love, Seconded by Village Trustee Connell. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. 6. ORDINANCE NO. 22-0-91: An Ordinance to Approve the 2022 Timber Creek Special Service Area Tax Levy Mayor Johnson reported that on May 24, 1994, the Village Board adopted Ordinance 94-0-17 establishing the Timber Creek Special Service Area. The special service area was created for the operation, upkeep, maintenance, repair and renewal of the monument style entrance sign, the storm water management retention basins necessary to serve the Timber Creek subdivision and outlots A, C and E. In March of 1997, the Timber Creek SSA was enlarged to include the maintenance of a strip of land within the IL Route 137 right of way. The 2022-2023 Village Budget appropriated $30,049 for the above-referenced purposes. The ordinance levies $21,140 for the Timber Creek Special Service Area. This represents no change from the prior year levy. The fund balance in this fund is estimated to be $77,491 as of April 30,2023. Mayor Johnson asked if there were any public comments, and there were none. A Motion was made to approve the Ordinance approving the 2022 Timber Creek Special Service Area tax levy by Village Trustee Love, Seconded by Village Trustee Connell. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. 7. Consideration of a Resolution Abating Taxes for Payment of Principal and Interest on 2015B General Obligation Alternate Revenue Source Bonds, 2021 General Obligation Alternate Revenue Source Bonds, 2021 B General Obligation Alternate Revenue Source Bonds, and 2022 General Obligation Alternate Revenue Source Bonds Mayor Johnson stated that the 2022 Tax Levy includes $2,901,573.76 for principal and interest payments on the following bond issuances included in individual resolutions: • RESOLUTION NO. 22-R-167: 2015B General Obligation Alternate Revenue Source Bonds (Water & Sewer, $460,737.50); • RESOLUTION NO. 22-R-168: 2021 General Obligation Alternate Revenue Source Bonds (Sports Complex, $1,126,955.00); • RESOLUTION NO. 22-R-169: 2021 B General Obligation Alternate Revenue Source Bonds (Water & Sewer, $547,000.00); and • RESOLUTION NO. 22-R-170: 2022 General Obligation Alternate Revenue Source Bonds (Stormwater Sewer, $766,881.26). The resolutions abate the entire portion of the 2022 levy for the bonds. The alternate revenue sources used to pay the debt service on the Sports Complex bonds are Sports Complex lease revenues supplemented by sales tax. The Water & Sewer bonds utilize water and sewer charges as VILLAGE OF LIBERTYVILLE Board of Trustees Village Board IVIeeting IVIinutes December 13, 2022 their alternate revenue source. Finally, the Stormwater Sewer bonds utilize the stormwater utility fee as their alternate revenue source. Mayor Johnson asked if there were any public comments, and there were none. Trustee Hickey noted that the bonds for stormwater act like a business in the sense that there are funds received to pay them. The Sports Complex bonds are funded by the lease and the shortfall is covered by the general fund. A Motion was made by Trustee Hickey to approve the resolutions as a single group and it was seconded by Village Trustee Connell. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. 8. a. Report of the Plan Commission, (PC 22-33), Plat of Resubdivision Pulte Home Company, LLC-1765 N. Milwaukee Avenue Mayor Johnson reported that at the November 28, 2022 meeting, the Plan Commission heard a request from Pulte Homes to resubdivide the residential portion of the Liberty Junction development at Route 137 and Milwaukee Avenue. The purpose of the resubdivision is to subdivide the 16 building lots into 5 individual lots. The resubdivision will allow for the sale of five (5) individual, fee-simple townhome dwelling units. The Plan Commission concurred with the request. A motion to recommend Village Board of Trustees approval of the Plat of Resubdivision, subject to the conditions listed in the Report of the Plan Commission, passed with a vote of 6 - 0. Mayor Johnson asked if there were any public comments. Nancy Ryan, 1709 Cedar Glen Drive, asked to clarify what was being approved. Mayor Johnson clarified that they will subdivide the 16 building lots into 5 individual lots. The Village Board agreed with the Plan Commission's recommendation. Trustee Krummick asked why it wasn't contemplated ahead of time. The developer representative explained that it requires you to know the exact dimensions of your building. 8. b. ORDINANCE NO. 22-0-92: An Ordinance approving a Final Plat of Subdivision-1765 N. IVlilwaukee Avenue Mayor Johnson stated that the ordinance will approve a Final Plat of Subdivision for Liberty Junction at 1765 N. Milwaukee Avenue. The Village Board approved this request at their December 12, 2022 meeting with the understanding that an ordinance would be drafted for the Village Board to approve at the same meeting in order to allow for the recordation of the plat this calendar year. The initial development conditions have been met and as such removed from the ordinance. Staff recommended the Village Board approve the ordinance. Mayor Johnson asked if there were any public comments. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes December 13, 2022 Nancy Ryan, 1709 Cedar Gien Drive, inquired what is included in the Ordinance. Ms. Ryan was given a copy of the Ordinance to review and Mayor Johnson asked that the vote be delayed until later in the meeting so that Ms. Ryan had an opportunity to review the ordinance and ask any remaining questions. 9. RESOLUTION N0.22-R-171: Consideration of a Resolution Approving Fireworks with Mad Bomber Fireworks Productions Mayor Johnson stated that Mad Bomber Fireworks Production submitted a contract for the fireworks display at Butler Lake Park on July 4?, 2023, in the amount of $33,500. Mad Bomber Fireworks is a licensed and insured fireworks production company located in LaPorte, Indiana. Mad Bomber has provided the Village's fireworks shows in the past and is a very reputable company. Mad Bomber has provided the Village a contract for services and all necessary licensing and insurance information. Staff requested that the Village Board approve a Resolution approving the Village's Fourth of July Fireworks Display to be held on July 4th, 2023 in the amount of $33,500 and authorize the Village Administrator to execute the contract. Mayor Johnson asked if there were any public comments, and there were none. A Motion was made to approve the resolution approving the Village Fourth of July Fireworks display by Village Trustee Garrity, Seconded by Village Trustee Adams. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. 10. RESOLUTION NO. 22-R-172 and RESOLUTION NO. 22-R-173: Consideration of Resolutions Approving Professional Services Agreements with Hitchcock Design Group and Christopher Burke Engineering, LTD for the NichoIas-Dowden North Project Mayor Johnson stated that on July 25, 2022, the Village was notified that they received an Open Space Lands Acquisition and Development (OSLAD) grant for the Nicholas-Dowden north project. The project will include installation of a destination playground, a new basketball court, up to six pickle ball courts (depending upon bid pricing), a linear skate park, a vegetative/native garden swale and walking loop. Alternate project items will also be bid to obtain pricing, which include an expanded parking area, restroom renovation and shelter house. On September 23, 2022, staff received an executed grant agreement from the State of Illinois and a notice to proceed with the project. The Village must complete the project within two years of grant execution. Given the complexity of the project staff recommends utilizing two professional firms to compiete the design and bid documents. Staff solicited a proposal from Christopher B. Burke Engineering, Ltd. (CBBEL) and Hitchcock Design Group (Hitchcock). Both firms have been involved with the NichoIas-Dowden south project. They have completed numerous projects for the Village and have extensive knowledge regarding stormwater and/or the park system within the Village. CBBEL will be responsible for the stormwater components (vegetative swale design, drainage plan, etc.), and parking lot design (bid alternate) while Hitchcockwiil be responsible for components such as site demolition, layout and landscape plans, coordination of plan documents, etc. CBBEL's proposal is in the not-to-exceed amount of $63,320.00. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes December 13, 2022 Hitchcock's proposal includes $75,600.00 in design fees for the destination playground, basketball court, two pickle ball courts, linear skate park and walking loop. The proposal also includes an additional $38,000.00 in fees to design alternate bid elements which include additional pickleball courts (up to 4), picnic shelter, restroom renovation and associated landscaping and site furnishings. Finally, $1,200.00 in reimbursable expenses (printing, copying, mileage for travel) is also included for a total not-to-exceed amount of $114,800.00. Staff is recommending awarding the proposal for the full amount and bidding the alternate items to obtain pricing and proceed with additional project elements within budget. Design is anticipated to be completed in March/April with construction to begin in July 2023. The Fiscal Year Annual 2022/23 Budget provides $1,514,081.00 to complete this project, which also includes funds for design engineering. Including $400,000 in grant funding. The Village Engineer has reviewed the attached proposals and finds them acceptable. Staff recommended adoption of the resolutions to: a) approve a Professional Services Agreement with Christopher B. Burke Engineering, Ltd. for the Nicholas-Dowden North Project in the^not-to- exceed amount of $63,320.00 and b) approve the Professional Sen/ices Agreement with Hitchcock Design Group for the Nicholas-Dowden North Project in the not-to-exceed amount of $114,800.00 and authorize the execution of the agreements by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. Trustee Adams expressed concern regarding the two baseball fields that are being eliminated as part of the plan. Trustee Garrity stated that the northside will have a great new park. He commended the Parks Advisory Commission and staff on their work on the project. He noted that staff is working with the high school on the fields and their needs. Village Administrator Amidei commented that staff has been working with the various baseball groups. The Village will be improving the fields at Charles Brown Park to assist as well which will provide three improved fields. Trustee Hickey commented that the project is great because it addresses parks and stormwater. He recognized staff and the Parks Advisory Commission for their efforts. Trustee Love was very excited about the improvements that are forthcoming. Trustee Krummick asked for clarification of the size of the south side dugouts. Administrator Amidei will follow-up. Trustee Connell thanked everyone and applauded the coordination on the project. A Motion was made to approve the resolution approving contracts with Hitchcock Design Group and Christopher B. Burke Engineering by Village Trustee Garrity, Seconded by Village Love. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Conneli. The item was approved by a 6-0 vote. Return to agenda Item #8: Upon review of the ordinance Nancy Ryan, 1760 Cedar Glen Drive, asked several follow-up questions of staff, which were answered. A Motion was made to approve the Ordinance approving the Final Plat of Subdivision-1765 N. Milwaukee Avenue by Village Trustee Love, Seconded by Village Trustee Adams. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes December 13, 2022 Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6- 0 vote. 11. RESOLUTION NO. 22-R-174: A Resolution to Approve Change Order No. 1 for the Annual Purchase of Unleaded Gasoline, Diesel Fuel and Motor Oil from Al Warren Oil Co., Inc Mayor Johnson reported that the Village Board approved the annual purchase of unleaded gasoline, diesel fuel and motor oil for Village vehicles and equipment in the amount of $1 80,000 on June 14, 2022 with the passage of Resolution 22-R-84. The Village participates in the Northwest Municipal Conference Suburban Purchasing Cooperative (SPC) joint purchasing program for the purchase of gasoline, diesel fuel and oil and the local supplier is Al Warren Oil Co., Inc. The FY 2022/23 Annual Budget has $180,000 allocated in the Vehicle Maintenance & Replacement Fund (Act.# 30-0000-5- 711) for the approved gasoline, fuel and oil purchase. At the time of the purchase approval, the price of gasoline was $2.57/gallon and the price of diesel fuel was at $2.58/gallon. The price of gasoline increased to as high as $3.48/gallon and is currently at $2.99/gallon. Diesel fuel is currently at $3.84/gallon. Staff does not anticipate price the per gallon for either decreasing for the remainder of the fiscal year and the anticipated remaining expenditures based on the usage projections is an additional $80,000. Therefore, a change order in this amount is proposed, which will increase the total amount allocated for the purchase gasoline, diesel fuel and motor oil to $260,000. Staff recommended adoption of the Resolution to approve Change Order No. 1 in the amount of $80,000 for the purchase of unleaded gasoline, diesel fuel and motor oil from Al Warren Oil Co., Inc. and to authorize execution by the Village Administrator for all purchases up to the new total amount of $260,000. Mayor Johnson asked if there were any public comments, and there were none. Trustee Adams asked if gas prices drop what the impact will be. Public Works Director Kendzior stated that the Village will only pay the actual cost. A Motion was made to approve the resolution approving a change order to the annual purchase contract for fuel by Village Trustee Adams, Seconded by Village Trustee Conneil. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. 12. a. RESOLUTION NO. 22-R-175: A Resolution to Reject Low Bid and Approve a Contract with Fleck's Landscaping forPartA oftheAnnual Contractual Landscaping & Mowing Program Mayor Johnson stated that each year the Village contracts landscaping maintenance and mowing services for multiple locations within the community. The contracted work includes weekly site visits encompassing mowing, weed control, turf fertilizer, flower planting, bed maintenance, mulching and fall leaf cleanup. The contractual work is separated into two parts (A & B) based on size and need. The Part A sites are smaller sized locations: pumping stations, well sites, smaller parks and building grounds and cul-de- sac islands. The Part B sites are the larger parks, the Milwaukee Ave. streetscape, the Northshore Bike Path, etc. Fleck's Landscaping performed Part A of this contractual work for three years from VILLAGE OF LIBERTYVILLE Board of Trustees Village Board IVleeting Minutes December 13, 2022 2020-2022 based upon a 5"year mutually agreeable renewable contract. Fleck's declined the fourth and fifth year renewals citing higher than originally contemplated labor and material costs due to the current inflation and supply chain issues. This same situation occurred for the Part B contractual work. Staff solicited competitive contractor bids for two year's of pricing and received four responses at the bid opening held on November 10, 2022 for the Part A sites. The initial low bid was received from Milieu Design, LLC in the amount of $58,550. However, this bid was determined unresponsive after multiple discussions with the owner of Milieu Design, LLC about project expectations and the submitted low pricing concerns. Milieu Design's bid withdrawal letter and the bidding specifications stipulate that Milieu Design's bid bond should be forfeited. Fleck's Landscaping was determined to be next the lowest responsive bidder for both years. The bid summary is below and the bid tabulation is attached for further detailed information. Fleck's Landscaping previously completed contractual work and is a competent, responsive landscape contractor. There are sufficient funds being proposed in multiple accounts in the FY 2023/24 Draft Annual Budget for the contracted landscape maintenance and mowing work. Staff recommended approval of the resolution to reject the low bid from Milieu Design, LLC for Part A of the Annual Contractual Landscape & Mowing Program, award the contract to Fleck's Landscaping in the total amount of $79,375 and authorize execution of the contract by the Village Administrator, subject to the appropriation of funds in the FY 2023/24 Draft Annual Budget. Mayor Johnson asked if there were any public comments, and there were none. A Motion was made to approve the resolution to reject the low bid for part A of the annual contractual landscaping and mowing program and approve a landscape contract with Fleck's landscaping by Village Trustee Love, Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connelt. The item was approved by a 6-0 vote. 12 b. RESOLUTION NO. 22-R-176: A Resolution to Approve a Contract with Landscape Concepts Management for Part B of the Annual Contractual Landscaping & Mowing Program Mayor Johnson stated that each year the Village contracts landscaping maintenance and mowing services for multiple locations within the community. This contracted work includes weekly site visits encompassing mowing, weed control, turf fertilizer, flower planting, bed maintenance, mulching and fall ieaf cleanup. The contractual work is separated into two parts (A & B) based on size and need. The Part A sites are smaller sized locations: pumping stations, wei! sites, smaller parks, building grounds and cul-de-sac islands. The Part B sites are the larger parks, the Milwaukee Ave. streetscape, the Northshore Bike Path, etc. Buhrman Design Group performed Part B of this contractual work for three years from 2020-2022 based upon a 5-year mutually agreeable renewable contract. Buhmnan Design Group declined the fourth and fifth year renewals citing higher than originally contemplated iabor and material costs due to the current inflation and supply chain issues. This same situation occurred for the Part A contractual work. Staff solicited competitive contractor bids for two years of pricing and received four responses at the bid opening held on November 22, 2022 for the Part B sites. The lowest responsive bidder for both years was Landscape Concepts Management with a first-year bid amount of $417,180. The bid summary is below and the bid tabulation is attached for further detailed information. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting Minutes December 13, 2022 Landscape Concepts Management has successfully performed past tree related maintenance for the Village. The provided references gave very complimentary reports of their mowing and landscaping abilities. Funds are being provided in multiple accounts in the FY 2023/24 Draft Annual Budget for the proposed contracted landscape maintenance and mowing work. Staff recommended approval of the resolution to award the contract for Part B of the Annual Contractual Landscape & Mowing Program to Landscape Concepts Management in the total amount of $417,180 and authorize execution of the contract by the Village Administrator, subject to the appropriation of funds in the FY 2023/24 Draft Annual Budget. Mayor Johnson asked if there were any public comments. Mr. Lance Burhman from Burhman Design Group spoke on the matter. He stated that they currently hold the contract with the Village. Over the last three years they absorbed contract increases but could not do it with the new contract. He proceeded to ask the Board to reject the low bid and proceed with awarding the contract to Burhman Design Group. They have been involved with the contract in some fashion since 2010. Mr. Burhman went through the history of their contract and how they arrived at their bid price for the recent contract. They were outbid by Landscape Concepts Management (LCM). He noted that LCM's bid is lower than the last time they bid and he does not understand how they can do the job for the fee they provided. Mr, Burhman proceeded to provide a summary of hours that the company has spent performing work that was not part of the contract. Trustee Mickey asked Village Attorney Passman what the process would be if they were to consider awarding the contract to Burhman. Attorney Passman explained that the Board can award a contract to the lowest responsible bidder as determined by the Board. It is in the Board's judgement as to who is the lowest responsible bidder. If the Board wanted to award to Burhman at the current meeting it would be permissible. It does not need to be re-bid. The Board can award the contract to the lowest responsible bidder or seek a continuance. Trustee Connell stated that the staff recommendation is for LCM and asked if we have ever had hold backs. Director Kendzior responded that LCM has done a good job with tree trimming. All their municipal references were positive as well as their private references. He noted it was a tight bid. There is nothing in the bid submittal that indicates that they cannot perform the work. Trustee Garrity asked if LCM has staffing and equipment to handle the contract and if they have given and assurances that they can provide comparable services to Burhman. Director Kendzior noted that those details aren't addressed in the bid submittal but nothing in the submittal raises concerns. Trustee Garrity asked what assurances staff has gotten from LCM that they can perform the work. Director Kendzior stated that they are a large company and nothing that has been provided is concerning. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board IVIeeting Minutes December 13, 2022 Trustee Garrity asked the Village Attorney if there are any legal concerns if the Village does not award the contract to LCM. Attorney Passman stated that it is unlikely and that the Board retains the right to award to who they deem the lowest responsible bidder. Mayor Johnson added that historically there were a lot of issues in the parks with landscaping. Burhman inherited that and cleaned up the issues. Trustee Love asked who had the contract prior to Burham. Mr. Burham stated that it was LCM. Trustee Love asked if a contractor has ever asked for an adjustment mid contract. Director Kendzior stated that not during his tenure. He noted that the annual renewals are mutually agreeable. Trustee Love stated that he likes local ownership. Attorney Passman noted that you can see change orders from time to time. You can have a change order for an increase in price if it is less than 50% of the cost of the contract value. If it is over 50% it would have to be re-bid. Trustee Krummick stated that it is refreshing to see a bidder come in and plead their case. He asked if there were issues in the past with LCM prior to 2016. Trustee Mickey asked if the Board were to award to Burhman would it have an impact on future bidding. Administrator Amidei responded that staff reviews proposals before bringing them forward, the Board could consider deferring if they need more information. Trustee Garrity noted the fact that LCM had the contract previously and asked what wii! be different this time. He asked if LCM was notified that the Village was not happy previously. Director Kendzior responded that the contract was prior to his tenure. Trustee Connell believes the Board should vote and not defer. The LCM issues were a long time ago and the Village should be good stewards of public money. Mayor Johnson stated that she recommends formulating a motion based on what is included in the agenda packet and the Board can vote aye or nay. Attorney Passman agreed with that approach. A Motion was made to approve the resolution to award the contract for part b of the landscape maintenance contract to Landscape Concepts Management by Trustee Connell, Seconded by Village Trustee Hickey. Trustee Adams and Love recused themselves from the vote. Voting Yea: Village Trustee Garrity, Village Trustee Connell Voting Nay: Village Trustee Hickey, Village Trustee Krummick, IVlayor Johnson VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting (Vlinutes December 13, 2022 The motion failed by a 3-2 vote. A Motion was made to approve a Resolution to award the contract for part b of the landscape maintenance contract to the second lowest bidder to Burhman Design Group by Trustee Hickey, Seconded by Village Trustee Krummick. Trustee Adams and Love recused themselves from the vote. Voting Yea: Village Trustee Hickey, Village Trustee Krummick, Mayor Johnson Voting Nay: Village Trustee Garrity, Village Trustee Conneil The item was approved by a 3-2 vote. 13. RESOLUTION NO. 22-R-177: A Resolution to Approve a Professional Services Agreement with Gewalt Hamilton Associates, Inc. for Construction Management Services for the Annual Watermain Replacement Program Mayor Johnson stated that the Fiscal Year 2022/23 Annual Budget includes construction for the annual watermain replacement program, which includes newwatermains on Bartlett Terrace and W. Winchester Road (West of Route 45). The project also includes some minor sanitary and storm sewer work to resolve conflicts with the new watermains. The Village will require the services of a consultant to serve as the Resident Engineer for this project to ensure compliance with the approved plans and oversee the contractor's daily construction activities. Staff has received a construction management services proposal from the firm of Gewalt Hamilton Associates, Inc, (GHA) in the amount of $130,592. GHA performed the design engineering services for the project and has successfully provided construction management services for past Village projects. The Fiscal Year 2022/23 Annual Budget provides a total of $2,075,000 for the project: 2,000,000 in Account #20-2024-6-795; $50,000 in Account #21-2121-7-718 and $25,000 in Account #20-2024-6- 776. The previously approved construction contract with Bolder Contractors is in the amount of $1,631,095, leaving $444,905 stiil available. The proposed agreement with Gewalt Hamilton Associates, Inc. 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 Gewalt Hamilton Associates, Inc. based upon their related work on previous Village watermain replacement and other related infrastructure improvement projects. Staff recommended adoption of the Resolution to approve a professional services agreement for construction management services for the annual watermain replacement program with the firm of Gewalt Hamilton Associates, Inc. in the not-to-exceed amount of $130,592 and authorize execution of the agreement by the Village Administrator. Mayor Johnson asked if there were any public comments, and there were none. A Motion was made to approve the resolution approving a professional services agreement with Gewalt Hamilton Associates, Inc. by Village Trustee Connell, Seconded by Village Trustee Hickey. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The item was approved by a 6-0 vote. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting IVIinutes December 13, 2022 Mayor Johnson announced the following: • The Appearance Review Committee/Historic Preservation Commission will meet at 5:00 p.m. on Monday, December 19, 2022. • The Parking Commission will NOT meet at 10:00 a.m. on Tuesday, December 20, 2022. • The Economic Development Commission will meet at 7:30 a.m. on Wednesday, December 21, • 2022. • Village Hall will be closed on Monday, December 26, 2022, In observation of the Christmas Day holiday and Monday, January 2, 2023, in observation of the New Year's Day holiday. • The Parks and Recreation Committee will NOT meet at 6:00 p.m. on Tuesday, January 3,2023. • The Human Relations Commission will NOT meet at 5:00 p.m. on Wednesday, January 4, 2023. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, January 9, 2023. • The Village Board will meet at 8:00 p.m. on Tuesday, January 10, 2023. Village Administrator Comments Administrator Amidei had no comments. Board Comments Trustee Adams asked if the Economic Development Commission meeting could be jointly posted as a meeting of the Village Board. Administrator Amidei agreed that it would be. He wished everyone a happy holidays. Trustee Garrity reported on the Parks and Recreation Committee meeting. The ECOS Club from LHS requested to use a portion of Butler Lake to maintain the area to control shoreline erosion. They will be seeking grants. Further information, including a draft lease agreement will be brought forward to the Village Board for approval. He wished everyone a happy holidays. Trustee Hickey noted that there may be an opportunity for the foundation to assist the ECOS Club. He thanked staff and his colleagues and wished everyone holiday blessings. Trustee Krummick thanked everyone. Trustee Connell and Love wished everyone a happy holidays. Mayor Johnson thanked staff, she stated that she appreciates the support everyone provides her and thanked Administrator Amidei for her support. She is committed to keeping the Village's best interest at heart. She wished everyone a happy holidays. VILLAGE OF LIBERTYVILLE Board of Trustees Village Board Meeting IVIinutes December 13, 2022 Executive Session Trustee Love moved to enter executive session per [5 ILCS 120/2(c)(21)], [5 ILCS 120/2(c)(6)l, [5 ILCS 120/2(c)(11)] and [5 iLCS 120/2(c)(5)] at 10:31 p.m. and Trustee Adams seconded. The motion carried on a roll call vote as follows: Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. Trustee Adams moved to leave executive session and return to the regular board meeting at 11:12 p.m., Trustee Garrity seconded, and the motion was approved by a roll cai) vote. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. With no further business to come before Village Board, Trustee Adams moved to adjourn the meeting at 11:13 p.m., and Trustee Love seconded. The motion carried on roll call vote as follows: Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. Respectfully submitted, Kelly At^ii^i Deputy Village Clerk VILLAGE OF LIBERTYVILLE