Minutes of the Regular Meeting of the Gurnee Village Board - December 2, 2013

 

 

MINUTES OF THE REGULAR MEETING

OF THE GURNEE VILLAGE BOARD 

GURNEE VILLAGE HALL

December 2, 2013

 

Call to Order

Mayor Kovarik called the meeting to order at 7:30 p.m.

 

Other Officials in Attendance

Patrick Muetz, Village Administrator; David Ziegler, Assistant Village Administrator/Community Development Director; Bryan Winter, Village Attorney; Scott Drabicki, Village Engineer; Erik Jensen, Management Analyst; Diane Lembesis, Finance Director; Christine Palmieri, Director of Human Resources; Chris Velkover, Information Systems Director; Tom Rigwood, Director of Public Works; Fred Friedl, Fire Chief; Kevin Woodside, Police Chief

 

Roll Call

PRESENT:       5- Ross, Garner, Balmes, Hood, Wilson

ABSENT:         1- Park

 

Pledge of Allegiance

Mayor Kovarik led the Pledge of Allegiance.

 

 

 

A.  PUBLIC COMMENT

 

Mayor Kovarik

Mayor Kovarik said it was just announced that Mariano’s will be moving into the Dominick’s store location.  She said this is very exciting for Gurnee and thanked Village staff for all their hard work. 

 

B.  APPROVAL OF CONSENT AGENDA

It was moved by Trustee Balmes, seconded by Trustee Garner to approve the Consent Agenda as presented.

 

Roll call,

AYE:                5- Ross, Garner, Balmes, Hood, Wilson

NAY:                0- None

ABSENT:        1- Park

Motion Carried.

 

C. CONSENT AGENDA / OMNIBUS VOTE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Village Administrator read the consent agenda for an omnibus vote as follows:

 

1.  Approval of the minutes from the November 18, 2013 and November 25, 2013 Village Board meetings.

 

2.  Approval of Res. 2013 - 14 establishing certain property of the Village of Gurnee to be surplus (Fire Department Ambulance #1342).

 

3.  Approval of Ord. 2013 - 61 authorizing the Village President and the Village Clerk to execute an Intergovernmental Agreement with the Lake County Municipal League for cooperative benefit of letting contracts (2014 Program).

 

4.  Approval of Ord. 2013 - 62 vacating and abrogating an easement interest in Quality Acres Unit 1 Subdivision, Gurnee, Illinois.

 

5.  Approval of Village Engineer’s request to waive Section 3 of Street Vacation Policy and proceed with vacating approximately 4,300 square feet of unimproved right-of-way along First Place.

 

6.  Approval of Payroll for period ending November 16, 2013 in the amount of $719,072.40.

 

7.  Approval of Payroll Transfer Journal for period ending November 16,

      2013 in the amount of $712,226.77.

 

8.  Approval of Bills for the period ending December 2, 2013 in the amount of $5,214,012.76.

 

It was moved by Trustee Balmes, seconded by Trustee Wilson to approve the Consent Agenda for an omnibus vote as read.

 

Roll call,

AYE:                5- Ross, Garner, Balmes, Hood, Wilson  

NAY:                0- None

ABSENT:         1- Park

Motion Carried.

 

D.  PETITIONS AND COMMUNICATIONS

 

 1. Reminder:  Annual Northern Illinois Food Bank/Canadian Pacific Railroad Holiday Train – 3:50 P.M., Wednesday, December 4th.

 

2.   Approval of Mayor’s recommended appointments to the Economic Development Committee: 

  • Tim Garrity
  • Mike Deney 

It was moved by Trustee Balmes, seconded by Trustee Ross to approve of Mayor’s recommended appointments to the Economic Development Committee.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

3.  Approval of Mayor’s recommended appointments to the Emergency Telephone System Board: 

  • Bill Burkhart, Fire Lieutenant
  • Brad Lambert, Firemedic
  • Terri Kincaid, Deputy Police Chief
  • Mike Mann, Police Officer
  • Al Marquardt, Communications Supervisor 

It was moved by Trustee Wilson, seconded by Trustee Ross to approve of Mayor’s recommended appointments to the Emergency Telephone System Board.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

E.  REPORTS

 

1.  Report from Finance Director Diane Lembesis – Fiscal Year 13/14 Second Quarter financial performance.

 

Financial Review

Fiscal Year 2013-2014

Six Months Ending October 31, 2013

 

Semi-Annual Results

  • FY 2013/2014 Budget
    • Revenues $53.7 Million
    • Expenditures $56.2 Million
  • FY 2013/2014 Six Months Actual
    • Revenues $29 Million (54% of Budget)
    • Expenditures $25.9 Million (46% of Budget)
  • FY 2013/2014 Six Months Actual – Gen Fd
    • Revenues $19.5 Million (54% of Budget)
    • Expenditures $14.5 Million (42% of Budget) 

On the Positive Side

  • Revenues exceed budget and last year’s amounts
  • Strong sales tax receipts, fines and forfeitures and Intergovernmental Revenues

 

On the Not So Positive Side

  • Revenues less than last year:
    • Building Permits
    • Amusement Park
    • Resort
    • Telecommunications
    • Cable Franchise
    • Utility Operating

Revenues – All Funds

  • $29 Million
  • 54% of Annual Fiscal Budget

 

 

  Fund Type        Total For Half-Year         % of Budget     Governmental           $21 Million                          40%

  Proprietary              $4.4 Million                         54%

    Fiduciary               $3.6 Million                         70%

 

Tax Revenue Predictions

 

Guaranteed to Exceed Budget:

  • Misc. Amusement
  • Golf Park
  • Water Park Amusement

 

Likely to Exceed Budget:

  • Sales
  • Use
  • Amusement
  • Food  & Beverage

 

Not Assured to Meet Budget:

  • Hotel
  • Cable Franchise

 

Not Likely to Meet Budget:

  • Resort
  • Road & Bridge

 

Expenditures – All Funds 

  • $25.9 Million
  • 46% of Annual Fiscal Budget

 

Fund Balance

  • Combined Funds

              Increased $3,091,113 in Six Months

  • General Fund

        Increased $4,958,868 in Six Months

  • Funds That Increased Fund Balance
    • General, Emergency-911, Impact, Asset Forfeiture, Capital, Utility Operating, Police Pension, Fire Pension
  • Funds That Decreased Fund Balance
    • Motor Fuel Tax, Capital, Mall Redevelopment*, Debt Service, Golf, Utility Capital 

Legislative Developments

  • Marketplace Fairness Act
  • Nov. 21, 2013 IL Supreme Ct Decision re: Sales Tax Sourcing
  • S&P New Rating Criteria for U.S. Local Governments

 

Overall Performance

      Six Month Fiscal Year 2013/2014

 

Percentage of budget

                           All Funds          General Funds

Revenue                 54%                        54%

Expenses                46%                        42%

 

Percentage Increase (Decrease) from last year

                           All Funds          General Funds

Revenue                 10%                         1%

Expenses                 8%                        (3%)

 

Conclusion

  • Cautious Optimism

 

F. OLD BUSINESS

 

None.

 

G.  NEW BUSINESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.  Approval of Ord. 2013 - 63 approving the terms of a contract between the Village of Gurnee and the Warren-Waukegan Fire Protection District regarding fire protection and ambulance services.

 

      Mr. Muetz said the Village of Gurnee Fire Department provides fire protection and ambulance services to the Warren Waukegan Fire Protection District.  The first contract approved in 1977.  The current contract for service is set to expire on April 30, 2014.  Over the past few months Village staff and WWFPD Board members worked to review the current agreement in anticipation of the upcoming renewal.  Both sides have been very happy with the terms of the agreement.  As such, very minor changes were made to the contract, mainly adjustment the cost for service and updating dates and terminology.  The cost to the District is proposed to increase by 2% per year.  Both sides felt this was a fair percent increase.  The District approved the contract at its November 20th Board meeting. 

 

      Mayor Kovarik stated the relationship has been great and the District has been a huge help as it relates to capital purchases.

 

It was moved by Trustee Balmes, seconded by Trustee Ross to approve of Ord. 2013 - 63 approving the terms of a contract between the Village of Gurnee and the Warren-Waukegan Fire Protection District regarding fire protection and ambulance services.

 

Roll call,

AYE:                5- Ross, Garner, Balmes, Hood, Wilson               NAY:                        0- None

ABSENT:          1- Park

Motion Carried.

 

2.  Approval of Ord. 2013 – 64 authorizing the execution of

      Intergovernmental Agreements by and between the Village of Gurnee and various Municipal and Fire Protection District Fire Departments for the establishment of an Ambulance Service User Fees Agreement.

 

      Mr. Muetz said the Village of Gurnee Fire Department (GFD) has mutual aid agreements in place with other surrounding Departments.  In the past, when a neighboring department would transport Gurnee residents, we would charge our transport fees, not the fees of the jurisdiction that assisted us.  Recent opinions from Attorney Winter, as well as another law firm with direct experience with this issue, recommend that the Village should not charge fees for a service it did not actually provide.  In order to allow Departments to still collect transport fees, an Intergovernmental Agreement has been drafted that allows a department to bill for transports is actually performs.  As a part of this agreement, the transport agency will honor the fee structure of the jurisdiction the transport takes place in.  He said the ordinance clarifies operations and grants the Fire Chief the authority to execute these agreements with seven other entities of which we have mutual aid agreements. 

 

      Trustee Balmes asked if any of the other communities have approved this.

 

      Mr. Muetz said yes, and believes we are the last in line for approval.

 

      Trustee Wilson asked about double billing errors.

 

      Mr. Muetz stated this agreement helps reduce the chance of this happening.

 

It was moved by Trustee Wilson, seconded by Trustee Garner to approve of Ord. 2013 - 64 authorizing the execution of Intergovernmental Agreements by and between the Village of Gurnee and various Municipal and Fire Protection District Fire Departments for the establishment of an Ambulance Service User Fees Agreement.

 

Roll call,

AYE:                5- Ross, Garner, Balmes, Hood, Wilson

NAY:                0- None

ABSENT:         1- Park

Motion Carried.

 

3.  Approval of Ord. 2013 - 65 imposing a moratorium on the establishment and operation of medical cannabis dispensaries within the Village of Gurnee.

 

      Mr. Muetz said the Compassionate Use of Medical Cannabis Pilot Program Act becomes effective January 1, 2014, and allow for the legal cultivation and distribution of medical marijuana in Illinois.  Rules and regulations have not yet been developed and are not expected until mid to late 2014.  Concurrently, municipalities are working to review zoning regulations to ensure reasonable regulations are in place.  He said until regulations are developed, communities can opt to place a moratorium on the establishment medical marijuana facilities.  He continued to state this is similar to the action the Village Board took on video gaming while the State was developing rules.  The proposed ordinance prohibits the occupancy of a medical marijuana facility in the Village of Gurnee for one-year duration of time while the Village develops additional regulations via our Zoning Ordinance re-write. 

 

It was moved by Trustee Wilson, seconded by Trustee Garner to approve of Ord. 2013 - 65 imposing a moratorium on the establishment and operation of medical cannabis dispensaries within the Village of Gurnee.

 

Roll call,

AYE:                5- Ross, Garner, Balmes, Hood, Wilson    

NAY:                0- None

ABSENT:         1- Park

Motion Carried.

 

4.         Approval of Ord. 2013 - 66 authorizing execution of a professional service agreement between the Village of Gurnee and Wright Benefit Strategies, Inc.

 

      Mr. Muetz said this is the annual contract with the Village’s health insurance broker.  He stated the contract does have a 5.9% increase, but it’s important to note the rates for the past 3 years have been held flat.  The 2014 contract price for the services provided by Wright Benefit Strategies is proposed at $4,500 per month up from the 2013 cost of $4,250 per month.  Mr. Muetz said Village staff is very pleased by the level of service Wright Benefit Strategies continues to bring to the table.  The insight into the market place that Mr. Wright brings is knowledge the Village does not have in-house.   

 

It was moved by Trustee Garner, seconded by Trustee Balmes to approve of Ord. 2013 - 66 authorizing execution of a professional service agreement between the Village of Gurnee and Wright Benefit Strategies, Inc.

 

Roll call,

AYE:                5- Ross, Garner, Balmes, Hood, Wilson

NAY:                0- None

ABSENT:         1- Park

Motion Carried.

 

H.  PUBLIC COMMENT

 

None.

I. EXECUTIVE SESSION

 

Adjournment to Executive Session

 

 

 

  

Recall to Order

 

 

 

 

The Village Attorney stated that tonight’s Executive Session will reference:

5 ILCS 120/2 (c) (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.

5 ILCS 120/2 (c) (5) which states:  The purchase of lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.

 

It was moved by Trustee Garner, seconded by Trustee Ross to adjourn the meeting into Executive Session.

Roll call,

AYE:                5- Ross, Garner, Balmes, Hood, Wilson 

NAY:                 0- None

ABSENT:          1- Park

Motion Carried.

 

Mayor Kovarik adjourned the meeting into Executive Session at 8:10p.m.

 

Mayor Kovarik recalled the meeting to order at 8:21 p.m.

 

PRESENT:       5- Ross, Garner, Balmes, Hood, Wilson             

ABSENT:         1- Park

Closing Comments

 

None.

 

Adjournment

It was moved by Trustee Balmes, seconded by Trustee Wilson to adjourn the meeting.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

Mayor Kovarik adjourned the meeting at 8:22 p.m.

 

 

Andrew Harris,

Village Clerk