Village Board Meeting

BOARD OF TRUSTEES VILLAGE BOARD MEETING Tuesday, March 14, 2023 at 8:00 PM Village Hall Board Room 118W. Cook Avenue Libertyville, IL 60048 MINUTES Mayor Johnson called to order a meeting of the Board of Trustees at 8:00 p.m. Those present were: Mayor Donna Johnson, Trustees Scott Adams, Peter Garrity, Matthew Mickey, Matthew Krummick, Dan Love and James Connell. Items Not on the Agenda | Presentation of items not on the Agenda will be limited to three (3) minutes Moment of Silence Mayor Johnson asked for a moment of silence in honor of the recent passing of former Assistant Village Administrator Gary Mayerhofer. Bird City Jennifer Kuroda, President of the Audubon Council of Illinois was present along with members of the Sustain Libertyville Commission to provide the Village with recognition of becoming a Bird City. She noted that the Village met all six of the criteria categories within the application and that the designation would be valid for three years. She provided the Village with signs to be placed in various public spaces within the Village. Mayor Johnson asked if there was any public comment. Kenneth Hendricks, Liaison Officer for the Great Lakes Naval Station addressed the Board and thanked them for their support of the Naval Station. He also announced that he is retiring from the Great Lakes Naval Station after 44 years and 52 years with the Navy. He introduced his replacement, Mike Quinlan. Omnibus Vote Agenda Mayor Johnson introduced the Omnibus Vote Agenda and asked if there were any items to be removed for separate discussion. Trustee Connell stated that he would be recusing himself from voting on Item #3D. Mayor Johnson removed Item #3D for separate discussion. A. Summary of Omnibus Vote Agenda Items B. Approval of Minutes of the February 28, 2023 Village Board Meeting C. Bills for Approval D. RESOLUTION NO. 23-R-32: A Resolution to Approve a Request for the Display of Banners for Libertyville High School Seniors VILLAGE OF LIBERTYVILLE Board of Trustees Village Board IVleeting IVlinutes March 14, 2023 E. RESOLUTION NO. 23-R-33: A Resolution Declaring a Surplus of Tax Increment Financing Funds F. RESOLUTION NO. 23-R-34: A Resolution to Approve Change Order No. 1 with Fleck's Landscaping for the Annual Contractual Landscaping & Mowing Program - Part A G. RESOLUTION NO. 23-R-35: A Resolution Opposing the Illinois Department of Natural Resources (IDNR) Proposed Annual Lake Michigan Water Allocation Review Fees H. Appointment of EMA Coordinator I. ORDINANCE NO. 23-0-08: An Ordinance Approving a Planned Development Final Plan (500 Peterson Road) - Community Partners for Affordable Housing, Applicant J. ORDINANCE NO. 23-0-09: An Ordinance Approving a Final Plan of Planned Development and Deviations From the Master Plan Development Standards (656 W. Winchester Road) - Lake County Government, Applicant A motion was made by Village Trustee Garrity to approve the omnibus vote agenda, items 3A - 3C and 3E-3J. 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 items were approved by a 6-0 vote. Discussion Reciardina Item #3D A motion was made by Village Trustee Adams to approve Item #3D, Seconded by Village Trustee Garrity. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Hickey, Village Trustee Krummick, Village Trustee Love. Voting Abstaining: Village Trustee Connell. The item was approved by a 5-0 vote. REGULAR AGENDA 4. RESOLUTION NO. 23-R-36: A Resolution to Authorize Reimbursement of Construction Expenditures to AGSCO Corporation for the AGSCO Water Service Relocation Project Mayor Johnson reported that the Village's water distribution system is separated into "zones" of differing water pressure to accommodate varying delivery requirements. The AGSCO Corporation (AGSCO) building at 1755 N Butterfield Road is connected to the Intermediate Pressure Zone, which is designed for low volume residential water use. When AGSCO draws large amounts of water for their required fire pump and flow tests, the zone experiences adverse conditions such as water main breaks. Public Works staff has determined that relocating AGSCO's water service connection from the Intermediate Pressure Zone to the High-Pressure Zone will reduce disruptions and maintenance costs associated with the current zone configuration. Though the work will be completed on private property, it is being undertaken to improve the reliability of the public infrastructure in the zone; therefore, staff recommended reimbursement to AGSCO for the work. Board of Trustees Village Board Meeting Minutes March 14, 2023 The Village's Public Works staff provided technical assistance in helping AGSCO identify appropriate contractors and in reviewing the pricing proposals. Due to the nature of the work, it was found to be most cost-effective for ASGCO to utilize two separate contractors for the exterior and interior plumbing work, respectively which are summarized below. Contractor Work Items Bid Ganziano Sewer & Water Water service relocation (public main to pump house) $45,750 McNelly Services, Inc. Plumbing & valves (inside/after pump house) $14,375 Total: $60,125 Construction is anticipated in spring 2023. Reimbursement to AGSCO will occur once the project is completed due to budget savings in the general watermain improvement program. Staff recommended adoption of the Resolution to authorize reimbursement of construction expenditures to AGSCO Corporation for the AGSCO Water Sen/ice Relocation Project in the not-to- exceed amount of $60,125. Mayor Johnson asked if there were any public comments, and there were none. Trustee Adams stated that he supported the expenditure. Trustee Garrity noted that staff should review the situation for potential takeaways for the future. Trustee Mickey stated that the project is a great investment to the community. Trustee Love commented that he supported staffs recommendation. A motion was made by Village Trustee Adams to authorize reimbursement of construction expenditures to AGSCO Corporation, Seconded by Village Trustee Mickey. 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. 23-0-10: An Ordinance to Waive Competitive Bidding and Approve a Contract with J&E Nursery LTD. for the Peterson Road Landscape Plantings Mayor Johnson reported that over the past several years the Village has enhanced the Peterson Road corridor with multiple planting beds in the median and parkway. The beds contain perennials, grasses, shrubs and trees. Some of the planting beds experienced a dramatic decline in plant health in 2019 and 2020 despite continued maintenance by Village contractors. In October 2022 an agreement was signed with Christopher B. Burke Engineering to prepare landscape plans to renovate the existing beds and fill in the missing plant materials. The landscape plan was reviewed by the Appearance Review Commission and approved by the Village Board on January 24, 2023. Public Works and Community Development staff, with assistance from CBBEL prepared a Request for Proposals (RFP) to install and transplant new and existing plant material in the existing parkway and median planting beds along Peterson Road. Proposals were opened on February 28, 2023, with seven proposals received, with J&E Nursery LTD. submitting the lowest one at $38,342. The RFP was sent to local landscape contractors with solid reputations for the proposed work, and not publicly noticed, therefore it was proposed that the formal competitive bidding process be waived. The proposed work will occur in Fiscal Year 2023/24 with sufficient funds being proposed 3 Board of Trustees Village Board Meeting IVlinutes March 14, 2023 in the Annual Budget in the Project Fund. Staff recommended approval of an ordinance to waive competitive bidding and approve the contract with J&E Nursery LTD. in the amount of $38,342 for the Peterson Road Landscape Plantings and authorize execution of the contract by the Village Administrator, subject to the appropriation of the necessary funds in the FY 2023/24 Draft Annual Budget. Mayor Johnson asked if there were any public comments, and there were none. Trustee Adams asked Director Kendzior if J&E will be watering the medians. Director Kendzior replied that they would. He further noted that he agreed with the project. Trustee Garrity stated that he supported the project and felt the timing was appropriate. Trustee Mickey thanked Director Kendzior for his time reviewing the item in advance of the meeting. He further noted his appreciation for the coordination between the Planning Department and Public Works. Trustee Krummick asked who currently manages the maintenance and watering along Butterfield Rd. Director Kendzior responded that it is done by Buhrman. Trustee Krummick asked if the new project would become part of the Buhrman contract. Director Kendzior confirmed it would. Trustee Krummick asked if the project included both planting of new areas and refreshing existing areas. Director Kendzior confirmed the project included both. A motion was made by Village Trustee Adams to waive competitive bidding and approve a landscape contract with J&E Landscaping , Seconded by Village Trustee Krummick. 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. 23-0-11: An Ordinance Amending Article XIII of Chapter 13 of the LibertyviUe, Illinois IVlunicipal Code Regarding the Simplified Municipal Telecommunications Tax Mayor Johnson stated that in September 2009, the Village Board approved an ordinance increasing the Simplified Telecommunications Tax from 3.5% to 6% to replace the reduction in sales tax and other revenues during the Great Recession. When the ordinances were approved, the Village Board included a sunset clause to have a periodic review to determine annually, based on current economic conditions, if the taxes could be reduced or eliminated. Due to the sunset clause, the tax is scheduled to revert from 6% to 3.5% on July 1, 2023. The revenues from Simplified Telecommunications Tax receipts are utilized for 1) General operations, 2) Infrastructure replacement, and 3) Village IT improvements. The proposed Fiscal Year 2023-2024 Village Budget assumes that the revenue stream would remain at the 6% tax rate, given that receipts have been declining over the last several years as Board of Trustees Village Board Meeting Minutes March 14, 2023 communication methods and technology have changed. Staff recommended to maintain the telecommunications tax at the current level and to extend the sunset to June 30, 2026. A total of $599,970 ($607,500 in the prior year) in telecommunications tax revenue is included in the proposed FY 2023-2024 budget: $400,000 is budgeted in the General Fund, $99,985 is budgeted in the Technology Equipment Replacement Fund (TERF), and $99,985 is budgeted in the Project Fund. Given that the source of revenue is relied upon to fund regular Village operations and the annual sunset filings to the Illinois Department of Revenue are due on a strict timeiine, staff recommended that the sunset date for the Simplified Municipal Telecom Tax be set in three-year increments similar to the changes to the electric utility tax made in late-2022. Though the recommendation was to extend the sunset date to three years, the ongoing necessity for continuing the tax would still be reviewed annually by the Finance Committee. Staff recommended approval of the ordinance extending the Simplified Municipal Telecommunications tax at a rate of 6% with a new sunset date of June 30, 2026. Mayor Johnson asked if there were any public comments, and there were none. Trustee Adams stated that he supported the matter. Trustee Garrity noted that for many reasons he is not in favor of utility taxes but he believed it would make sense to move to a three year renewal and for the Finance Committee to review it annually. He did note that he would like to see the tax sunset when possible. Trustee Mickey reported that he agreed with the recommendation. A motion was made by Village Trustee Hickeyto amend Article XII i of Chapter 13 of the Libertyville, Illinois Municipal Code regarding the Simplified Municipal Telecommunications Tax, 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. 7. Mayor's Update Mayor Johnson announced the following: • The Economic Development commission will meet at 7:30 a.m. on Wednesday, March 15,2023. • The Sustain Libertyville Commission will meet at 4:00 p.m. on Wednesday, March 15, 2023. • The Village Board of Trustees will hold a special meeting at 4:00 p.m. on Monday, March 20,2023. • The Appearance Review Commission/Historic Preservation Commission will meet at 5:00 p.m. on Monday, March 20,2023. • The Plan Commission/Zoning Board of Appeals will meet at 7:00 p.m. on Monday, March 20,2023. • The Parks and Recreation Advisory Commission will NOT meet at 8:30 a.m. on Thursday, March 23, 2023. • The Zoning Board of Appeals will meet at 7:00 p.m. on Monday, March 27, 2023. Board of Trustees Village Board Meeting Minutes March 14, 2023 • The Public Works Committee will NOT meet at 7:00 p.m. on Tuesday, March 28, 2023. • The Village Board will meet at 8:00 p.m. on Tuesday, March 28, 2023. 8. Village Administrator Update Administrator Amidei reminded the Board that a special meeting will be held on March 20th at 4:00 p.m. at Village Hall. She also reported that the new Recreation guide is available online and that there are 437 sessions available. 9. Executive Session Trustee Connell moved to enter executive session per [5 1LCS 120/2(c)(21): Discuss Closed Session Minutes Review and Real Estate: Setting Price for Sale [5 ILCS120/2(c)(6)]. at 8:41 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 Hickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The motion was approved by a 6-0 vote. Trustee Adams moved to leave executive session and return to the regular board meeting at 8:51 p.m., Trustee Love seconded, and the motion was approved by a roll call vote. Voting Yea: Village Trustee Adams, Village Trustee Garrity, Village Trustee Mickey, Village Trustee Krummick, Village Trustee Love, Village Trustee Connell. The motion was approved by a 6-0 vote. With no further business to come before Viliage Board, Trustee Garrity moved to adjourn the meeting at 8:52 p.m., and Trustee Connell 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. The motion was approved by a 6-0 vote. A^.^vA^' Kelly Amidei Deputy Village Clerk