Minutes of the Regular Meeting of the Gurnee Village Board - December 16, 2013

 

MINUTES OF THE REGULAR MEETING

OF THE GURNEE VILLAGE BOARD

 

GURNEE VILLAGE HALL

December 16, 2013

 

Call to Order

In Mayor Kovarik’s absence, Village Administrator Muetz called the meeting to order at 7:32 p.m.

 

Other Officials in Attendance

Patrick Muetz, Village Administrator; David Ziegler, Assistant Village Administrator/Community Development Director; Bryan Winter, Village Attorney; Christine Palmieri, Director of Human Resources; Tom Rigwood, Director of Public Works; Fred Friedl, Fire Chief; Kevin Woodside, Police Chief; Tracy Velkover, Planning Manager

 

Roll Call

PRESENT:       6- Park, Garner, Balmes, Hood, Wilson, Ross

ABSENT:         0- None

 

Mr. Muetz asked the Board for a recommendation for a President Pro-tem to lead the meeting.

 

Trustee Wilson made a motion to recommend Trustee Garner as President Pro-tem.

 

Trustee Park said it would be appropriate to recommend the most senior trustee as the President Pro-tem.

 

It was moved by Trustee Park, seconded by Trustee Ross to have Trustee Balmes lead the meeting.

 

Roll call,

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

NAY:                0- None

ABSENT:          0- None

Motion Carried.

 

Pledge of Allegiance

Trustee Balmes led the Pledge of Allegiance.

 

 

A.  PUBLIC COMMENT

Jerome Barrons
Calvary Harvest
5501 Stearns School Gurnee, IL

Mr. Barrons thanked Village staff for all their hard work in regards to the Final Plat of Calvary Harvest Subdivision on the Consent Agenda.

 

 

 

B.  APPROVAL OF CONSENT AGENDA

It was moved by Trustee Park, seconded by Trustee Ross to approve the Consent Agenda as presented.

 

Roll call,

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

NAY:                0- None

ABSENT:         0- None

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 Executive (Closed) Session meetings on May 20, 2013 and October 21, 2013.

 

2.  Approval for public release of minutes from Executive (Closed) Session meeting on May 20, 2013.

 

3.  Approval of the minutes from the December 2, 2013 Village Board meeting.

 

4.  Approval of Ord. 2013 – 67 accepting the Final Plat of Calvary Harvest Subdivision.

 

5.  Approval of Payroll for period ending November 30, 2013 in the amount of $1,058,950.06.

 

6.  Approval of Payroll Transfer Journal for period ending November 30, 2013 in the amount of $1,057,904.94.

 

7.  Approval of Bills for the period ending December 16, 2013 in the amount of $988,357.57.

 

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

 

Roll call,

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

NAY:                 0- None

ABSENT:          0- None

Motion Carried.

 

 

D.  PETITIONS AND COMMUNICATIONS

 

 1.        Approval of Proclamation designating January 2014 as Lake County Crime Stoppers Month in the Village of Gurnee.

 

      Trustee Balmes read proclamation into record.

 

It was moved by Trustee Garner, seconded by Trustee Wilson to approve of a Proclamation designating January 2014 as Lake County Crime Stoppers Month in the Village of Gurnee.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

 

E.  REPORTS

 

None.

 

F. OLD BUSINESS

 

None.

 

G.  NEW BUSINESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.  Approval of Ord. 2013 -68 amending Chapter 46, Section 46-31 updating local regulation regarding the possession of drug paraphernalia in the Village of Gurnee, Illinois.

 

      Mr. Muetz said when the Village updated the Administrative Adjudication section of the Municipal Code, there was a fine for possession of drug paraphernalia. In the past, the Police wrote for this offense under the State Statute. With the Administrative Adjudication process expanded, the Police Department has recommended local language be added to the Code specific to the offense of drug paraphernalia possession, thereby no longer needing to reference the State language. This ordinance allows it to be written as a local ordinance violation. 

 

It was moved by Trustee Park, seconded by Trustee Ross to approve of Ord. 2013 - 68 amending Chapter 46, Section 46-31 updating local regulation regarding the possession of drug paraphernalia in the Village of Gurnee, Illinois.

 

Roll call,

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

NAY:               0- None

ABSENT:        0- None

Motion Carried.

 

2.  Approval of Ord. 2013 – 69 granting a variation to 4419 Washington Street to allow an encroachment of a patio into a required interior side yard setback.

 

      Mr. Muetz said included in your packet is a detailed memo from Planning Manager Tracy Velkover.  The resident at 4419 Washington Street is requesting a variance to the interior side year setback requirement for a patio, gazebo, and hot tub.  The patio which encroaches was installed by a previous homeowner.  The current homeowner installed a gazebo and hot tub.  As the property is zoned R-2, it requires a 15 foot interior side yard setback.  The patio currently encroaches 9.22 feet, the gazebo 13.22 feet and the hot tub 12.05 feet.  . 

 

      Mr. Muetz said the variance request was before the Planning and Zoning Board (PZB) on December 4th.  The PZB unanimously approved the patio variance as the structure was installed prior to the resident purchasing the home.  The gazebo and hot tub received a 3-3 tie vote from the PZB. 

 

      Mr. Muetz then reviewed the reasons the PZB voted as it did.

 

      Mr. Muetz said the first ordinance grants the variance for the patio, which the PZB is forwarding a unanimous favorable recommendation for approval. 

 

      Trustee Park stated he agreed with the PZB recommendation on that patio.

 

It was moved by Trustee Park, seconded by Trustee Ross to approve of Ord. 2013 – 69 granting a variation to 4419 Washington Street to allow an encroachment of a patio into a required interior side yard setback.

 

Roll call,

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

NAY:                0- None

ABSENT:        0- None

Motion Carried.

 

3.         Approval of Ord. 2013 – 70 granting a variation to 4419 Washington Street to allow an encroachment of a gazebo into a required interior side yard setback.

 

      Trustee Park asked since the Planning Board did not pass this variation is a majority vote required.

 

      Attorney Winter said some communities require a super majority vote but Gurnee is not one of them.

 

      Trustee Hood asked what the penalty is for not having a building permit.

 

      Mr. Ziegler said the fees are typically doubled. 

 

      Trustee Park said since this is not a legal hardship as defined by case law and the Village’s local ordinance, it will be difficult for him to go along with this variation.

 

      Mr. Prust said he didn’t know he needed a permit.  He said he has obtained many permits in the past but since the hot tub and gazebo are not secured to the ground he didn’t think a permit was required.  He stated the process has cost him a lot of money compared to just moving it. 

 

      Trustee Garner asked if he had applied for the permit would it have been approved.

 

      Mr. Ziegler said no, not in this location.

 

      Trustee Hood asked if there is a place it can go.

 

      Mr. Prust said moving it would cause lots of problems and where it is located right now it is not an eyesore.  He said to move it out of the setback would make it more visible to his neighbors to the west and look ridiculous.  He stated if he would have applied for a permit and had been told he could not place it where it currently is, he would have applied for a variance.

 

      Trustee Park said his issue isn’t the oversight of having a permit issued.  He said it doesn’t meet the criteria for a legal hardship.

 

      Trustee Wilson asked Attorney Winter could it be approved with the stipulation that if the property is sold, it be made compliant with setbacks.

 

      Attorney Winter said the application is for a variance and that approval runs with the property and is therefore permanent.  Therefore, the Board has to either grant or deny the variance.

 

      Trustee Garner asked if granting this variance would set precedence.

 

      Attorney Winter said we have to make an assessment of the facts.  If they do not warrant a hardship, the Board must act accordingly.

 

      Trustee Hood said we have to be consistent if someone else comes before the Board.

 

      Trustee Wilson asked if the neighbors are affected by the gazebo and if they are supportive of this request.

 

      Mr. Prust said he has a 6 foot privacy fence around his property.  He stated only one neighbor has a view of the very top of the roof of the gazebo, and they are 2 lots away.

 

      Trustee Winter provided clarification on calling the variance for a vote.

 

It was moved by Trustee Park, seconded by Trustee Hood to approve of Ord. 2013 – 70 granting a variation to 4419 Washington Street to allow an encroachment of a gazebo into a required interior side yard setback.

 

Roll call,

AYE:                1- Wilson     

NAY:                4- Park, Garner, Hood, Ross

ABSENT:          0- None

Motion Failed.

 

4.   Approval of Ord. 2013 – 71 granting a variation to 4419 Washington Street to allow an encroachment of a hot tub into a required interior side yard setback.

 

It was moved by Trustee Park, seconded by Trustee Hood to approve of Ord. 2013 – 71 granting a variation to 4419 Washington Street to allow an encroachment of a hot tub into a required interior side yard setback.

 

Roll call,

AYE:                0- None                             

NAY:                5- Park, Garner, Hood, Wilson, Ross

ABSENT:         0- None

Motion Failed.

 

5.   Approval of renewal of group dental insurance with Guardian.

 

      Mr. Muetz said the Village’s dental policy expires on December 31st.  Our current provider, Guardian, provided the Village a renewal quote that included a 12% rate adjustment.  Our broker approached Guardian regarding the large increase and Guardian stated it could not be reduced. According to Guardian, the justification behind the large increase is a result experience and fees imposed by the Affordable Care Act.  Upon receiving the proposed increase, staff directed our broker to obtain additional quotes.  Unfortunately he has had difficulty obtaining alternate quotes.  Those contacted stated they are busy dealing with the Affordable Care Act and have not yet provided the Village formal proposal.  As such, staff is recommending to contract with Guardian on a month to month basis while we work to secure additional quotes.

 

      Ms. Palmieri explained to the Board the dental insurance trend at a 6% increase.  Affordable Care Act Fees account for 3%, with the remaining 3% a result of increased claims.

 

      Trustee Park said we can’t control the Affordable Care Act.  He asked what is the expectation for when things will normalize so the Village will have a better idea of what costs will be.

 

      Ms. Palmieri stated it is assessed on September 2014 and reassessed an annual basis up until 2019.  She continued to say there is an equalizer built in to address shortages or overages.

 

      Trustee Park said the fees are what they are no matter where you go so the Village should be budgeted accordingly. 

 

      Trustee Garner asked for a dollar figure as it relates to a 12% increase.

      Ms. Palmieri said the total premium including the increase will be $201,000.

 

It was moved by Trustee Park, seconded by Trustee Ross to approve of renewal of group dental insurance with Guardian.

 

Roll call,

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

NAY:                 0- None

ABSENT:          0- None

Motion Carried.

 

H.  PUBLIC COMMENT

 

None.

 

Closing Comments

 

 

None.

 

Adjournment

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

 

Voice Vote:      ALL AYE:         Motion Carried.

 

Trustee Balmes adjourned the meeting at 8:07 p.m.

 

 

Andrew Harris,

Village Clerk