June 16, 2011 Winfield Board Meeting

June 28, 2011

Village Government

 Agenda

Winfield Village Board OF TRUSTEES

Thursday, JUNE 16, 2011

7:00 P.M. – Village Hall

Call to Order

Roll Call

All Trustees present except Tim Allen

Pledge of Allegiance

Correspondence

A.        Letter from a Batavia resident thanking the Village of Winfield’s Police Department for their professional assistance rendered following a blowout of her car tire.

Audience Participation

The opportunity to speak to the Village Board is provided for those who have a question or comment on an agenda item or Village of Winfield issue that will stimulate thought so as to make the Village Board deliberations more productive and meaningful. The Village Board appreciates hearing from our residents and your thoughts and questions are valued. The Village Board strives to make the best decisions for the Village and public input is very helpful.

Respect for the duties of the Village Board and for the democratic process will be adhered to – in this regard, civility and a sense of decorum will be strictly followed. All speakers must address their comments to the Board. Comments that are personally condescending will not be permitted. Therefore, speakers shall be courteous and should not make statements that are personally disrespectful to members of the Village Board.

Please use the microphone when speaking as the proceedings are being videotaped.  Please state your name and address before commenting – all comments under Audience Participation are limited to five (5) minutes and each citizen will only be permitted to speak once.

A resident requested that the Board reconsider its decision regarding repaving several miles of Village streets.  Also, he thanked the Board for their support for the Riverwalk.

            A resident thanked the Board for considering the Riverwalk and noted that it would increase tourism in Winfield.

            Gary Bernard, chair of Riverwalk, reported donations received totaled $35,000 from individuals, IL Comm. Foundation, Winfield United, IL Prairie Path, and others.  Have received widespread support within the community, including CDH.

            A resident thanked the Board for delaying rezoning Roosevelt Rd until a good plan is in place, and he thanked the Board for hiring a professional planner to assist with developing a zoning/land use plan.

Another resident also expressed his support for the Riverwalk, and he also noted that he favors the transfer of funds to help repave roads.    

Consent Agenda

>> Passed unanimously.

A.        Motion approving meeting minutes from the Regular Village Board Meeting and Committee of the Whole held June 2, 2011.

B.        Motion approving payment of bills for June 16, 2011.

C.        Motion approving the Annual Prevailing Wage Ordinance.

As required by state law, each June the Village adopts the updated Illinois prevailing wage scale contractors must pay for labor on public works contract.

D.        Motion approving a temporary use permit and waiving applicable sections of the Village Code to allow the 28th annual Winfield Historical Society Run along various streets in Winfield on Saturday, July 17.

Non-Consent Agenda (Items 7-8)

7.         Motion to approve a contingent fee professional services agreement between the Village of Winfield and Azavar Audit Solutions, Inc. of Chicago, IL to audit municipal revenues.

Finance Director Nadine Alletto will be prepared to present information on the proposed audit of Village revenues to identify any billing errors made by telecommunication or utility companies, sales tax revenue inaccuracies, or mistakes made on franchise fee payments due to the Village.  Azavar works on a contingency fee basis, receiving a portion of any recovered revenues.  Azavar has successfully completed similar audits for several municipalities in the area and offers the lowest rate of firms researched by staff.

This proposal was unanimously recommended by the Administration and Finance Committee and reviewed by the Village Board at their June 2 Committee of the Whole.

>> Trustee Bajor reviewed the agreement between the Village and Azavar, an audit and recovery company.  Trustees Hughes, Reyes, and Spande also supported the contract as presented.  Trustee Reyes requested that the funds received from this audit contract be allocated to the roads.  The motion was amended to allocate these funds to roads. Trustee Olsen felt that the funds should be allocated to the MFT fund (motor fuel taxes).   Also, staff was directed to review how these funds would be allocated to the roads.

Motions to amend and to approve the contract were approved unanimously.

8.         Ordinance amending the annual budget for the Village of Winfield for the fiscal year commencing May 1, 2011 and ending April 30, 2012 for the purpose of appropriating additional funds for street improvements.

Finance Director Nadine Alletto will be prepared to present information on a proposed amendment reallocating to the current budget dollars earmarked for road funding in future years.  The $345,000 amendment would result in $645,000 available for roadwork.

>> Trustee Spande reviewed the ordinance, and he amended the motion to add that staff review the contract and specifications for repaving, particularly concerned with the 10-year (2 inch) surface that is being considered, as well as change orders that will increase costs and reduce the amount of roads that can be resurfaced.  Trustee Hughes and Bajor felt that the “20-year (4 inch) road technology” should be the goal for the Village, rather than a 10-year schedule.  Trustee Reyes felt that the 10-year repaving technology should be employed, especially since the Village engineer recommended this approach, as this way, 3-5 miles of roads will be repaved every 10 years.  Trustee Olsen reviewed all the discussions that have occurred during the past few months, and he noted that the proposal being considered this evening was for one year and that the Village does not have a long-term plan to repave all of the Village’s roads; he supported the 10-year approach to repaving the roads as developed by the Village’s engineer, and he noted that the Village Trustees need to develop and approve a plan to repave all of the Village’s roads.  President Birutis summarized all the discussions.

The motion to amend was passed.  The original proposal as outlined in No. 8 (above)  with the 20-year technology was passed.

9.         Village Trustee Reports of Boards and Commissions

Winfield School District 34 – Reyes

>> District 94 held its graduation and is financially sound.   D-34 had a fundraiser for after-school programs, which cost about $8,000 per year.

Administration & Finance – Bajor

>> The committee met to review additional funds for the road program.  Also, reviewed the use of laptops for Village business and the grants that were received for the pedestrian underpass.

Winfield Park District – Bajor

>> Meets next week.

D.        Communication & Technology – Hughes

>> The committee is recommending a facebook page, and will send the Board a social media policy.

E.         Riverwalk & Bikeways – Hughes

>> Trustee Hughes thanked CDH and Prairie Path Bicycles for contributions to the Riverwalk, which, he noted, will be the largest development in the Village’s history, and he reviewed the contributions that have been received to date.

F.        Economic Development Task Force- Hughes

>> Trustee Hughes reported that this group will begin to look at TIF boundaries and a proposal that will be considered by the Board; he also noted the new Shop Winfield web site.

G.        Winfield Fire Protection District – Hughes

>> The next meeting is June 21.

H.        Winfield Public Library – Hughes

>> He was supportive of the Village staff.

I.          Environmental Concerns – Spande

>> Trustee Spande reported that the ECC had several presentations by Winfield students at the last meeting regarding DuPage River and plans to work with Dist. 34 students on several activities next school year.  Also, he reported on the Emerald Ash Borer (EAB) infestation in the Village and that he had received a letter from the IL Dept. of Agriculture.  In addition, he encouraged the Board to consider adopting an EAB policy.  He also noted that the bike trails in the metro area were complimented in today’s USA Today newspaper.  A letter of support from CDH regarding its support for the Riverwalk and that the hospital remains committed to its $80,000 matching grant.

Finally, he noted his concerns regarding Trustee Allen’s behavior toward staff, the effect on trustees’ and staff’s morale, and his attacks on Village commissions and committees.  He said that Trustee Allen seemed profoundly disrespectful to publicly humiliate village volunteers and a business owner.  He also noted that if the Village’s commissions need to be more effective, the Board needs to provide direction.  To go forward, Trustee Spande said that the Board needs to regulate itself, treat the staff as professionals, and not attack business owners and residents.

J.          Storm water – Spande

>>

K.        Public Works – Spande

>>

L.         Traffic & Public Safety – Allen

>>

M.        Winfield Chamber of Commerce – Allen

>>

N.        Planning – Olson

>> The PC is reviewing the comprehensive plan and he recommended that the Board review the proposed plan document during its retreat.

O.        Zoning – Olson

>>

P.         Community Consolidated School District 200 – Olson

>>

10.       Other Village Officials’ Reports and Comments

A.        Village President

>> President Birutis expressed her concerns about verbal and written attacks on residents, village staff, volunteers, and businesses by Trustee Allen on his blog.

B.                    Village Attorney

>> No report.

C.                    Village Clerk

>> No report.

D.                    Village Manager

>> Mr. Barrett is eager to work with the Village Board.

E.         Village Treasurer – Treasurer’s report for May

>> Nadine Alletto gave the report.   No comments were received.

11.       Pending Future Business

Road banner policy

Home occupations code update

Zoning amendments on bulk regulations

Review of Village boundary agreements

Rules for temporary tents

Districting

>>

12.       Adjournment

>>

COMMITTEE OF THE WHOLE

1.         Riverwalk engineering and intergovernmental agreement with the Forest Preserve District           

>> Mr. Barrett provided an overview.  He noted that the Riverwalk is a major beautification project and one that will link various trails in this portion of DuPage County by the DuPage Forest Preserve (the Prairie Path to Warrenville and connect to the Naperville trail system).  The core area of the Riverwalk is located within the TIF district and is adjacent to Scheffler’s Flowers and CDH.  The preliminary plan was approved in 2009.   Also, CDH is committed to help fund the core area.  Intergovernmental agreements (IGA) with the Forest Preserve need to be developed and approved, and a CMAQ (Congestion Mitigation and Air Quality) grant if received, will fund  80% of engineering & construction costs if awarded to the Village and to the Forest Preserve District.  The Village has developed RFPs for engineering of the core area, which will help the Village secure additional construction, engineering and construction plans.   Also, the landscaping plans will require a separate contract and will need to be discussed by the Board.   He noted that these proposed arrangements will require that the Village pay upfront and then be reimbursed by the grant/IGA.  It is anticipated that the grants could be awarded in December and then the IGA with Forest Preserve District could be executed.

John Crowe, a future Winfield resident, related his experiences with redevelopment in downtown Naperville and the Naperville Riverwalk, and he noted that the Naperville Riverwalk substantially contributed to the redevelopment of downtown Naperville.

Trustee Bajor felt IGA contract was in general good but he would like more  specifics—especially regarding the Indian burial grounds.

Trustee Olsen expressed concern about the use of the term “core area” and that approval of the IGA is not urgent.

Trustee Reyes questioned the source of funds for Phase 1 for the asphalt trail (about $3.5 million).  Manager Barrett noted that bonds could be issued.  Trustee Reyes expressed concern about the priority of funding the Riverwalk, which should be funded with private donations; he objected to the need to approve these preliminary plans since the funds have not been raised.  He also suggested that each Trustee should raise funds for the Village.

Trustee Spande noted the Village will be responsible for about $300,000 and that the IGA should be moved forward.

Dan Watson, Village Engineer, reviewed Phase 1 and the core area (core area is the section of the Riverwalk within village boundaries).  The Village solicited four engineering proposals; the engineering and construction could be completed in phases.  He recommended URS, a firm that is utilized by the Forest Preserve District, which could help eliminate some duplication of efforts.

Trustee Hughes noted that the Village will be responsible for 20% of funding for the path between Geneva and High Lake Roads; the remainder would be funded by the Forest Preserve.  He noted that core area is a part of Town Center, and he supports moving the plans forward.  He said the Riverwalk will set the stage for developers to come to Town Center.  He also discussed using impact fees to support the Riverwalk, and he asked the Village attorney if fees from Shelburne Farms could support the Riverwalk; she noted they could if the project would benefit the area that contributed the impact fees.

Trustee Olson felt action on the proposal should be postponed until July.  The grants may not be received; impact fees should be used, as well as funds from the Riverwalk Advocates & CDH should be used on Phase 1.

Nadine Alletto noted there are about $100,000 available via impact fees and TIF funds (in capital construction fund)  that could be allocated to the engineering proposal costs.

Trustee Reyes felt that the preliminary engineering  should be split three ways—the advocates, CDH, and the Village.  He said that the Village should not go forward with the Riverwalk plan if the grants are not secured.

Trustee Spande felt that the advocates & CDH could provide the funds for the initial engineering costs, and the Village should proceed with the understanding that the Village is providing a small loan so that permits and studies can be completed so that when the grants come through, the Riverwalk can proceed.  Also, the Village will have a greater role in decision making re: the Riverwalk.

Gary Bernard indicated that the Riverwalk advocates will provide the financial support to proceed with the engineering studies.

Public Comments:  One resident felt that the Riverwalk will bring businesses to Town Center.

Another resident noted that the Riverwalk will connect the residents throughout the Village, and create and build Town Center.

Another resident expressed support for the Riverwalk, but is concerned whether the Village can afford it.

Another resident asked whether the engineering plans could be used in the future in the event that the grants are not received.  He also expressed support for the need for additional parking.

President Birutis noted that the Riverwalk committee will review the proposals.

2.         Ethics ordinance updates

>> Kathy Elliott, attorney, reported on current ordinances, specifically the prohibitions for communicating with developers—unless a formal request from a developer has been made to the Village.  This requires that the Village Board “act as a whole.”  Also, the confidentiality sections were reviewed with regard to personnel discussions, and so forth.

Trustee Olson felt that the current ethics ordinance was too limiting and too restrictive, especially with regard to discussions with developers.  He proposed to amend the current ordinance, and he supported the Village’s right to sue a trustee if a trustee performs outside the scope of the legal responsibilities.

Trustee Reyes agreed with Trustee Olson regarding discussions with developers.

Trustee Spande is concerned about developers.   As written, the ordinance protects the Village and trustees from “rogue trustees” and unethical developers. In addition,  he requested that Trustees also be prohibited from using social media, as well as insert references to the IL  statutes.

Trustee Bajor asked about legal protections via D&O insurance policies; trustees are not covered if they act outside the scope of their authorities.

Trustee Hughes wants to prevent unethical and illegal behaviors.

Trustee Olson expressed concerns about electronic communications such as blogs and other social media, and he asked the Village attorney to provide guidance to the Board.  Potential violations of the “Open Meetings Act” via email communications were discussed.

Trustee Reyes defended Trustee Allen’s use of his political blog (his 1st Amendment rights).

A resident expressed concern about Trustees’ texting during meetings.

Trustee Hughes suggested that the Village consider a server that could be used for texting. Trustee Spande also noted his support for using laptops for Village Board meeting materials.

The ethics ordinance will be updated per discussion and eliminating parts that are redundant with state statute.

3.         Review annual budget amendment ordinance

>> Nadine Alletto reported on the proposed ordinance that deals with the Village budgeting processes and procedures.  There were no comments from the Trustees.

4.         Requests for future Committee of the Whole items

>> Trustee Spande requested that the Board look at an EAB guideline.  Also, rezoning the area of the fire station property at the same time of rezoning Marathon gas station property.

5.         Public comments

>> A resident encouraged the trustees to question each others’ facts and opinions.

Another resident encouraged the Board to consider an EAB policy and he offered his expertise to the Village.

Another resident from Shelburne Farms expressed disapproval about the Board’s discussions and he suggested that the Board should be devoted to discussing residents’ concerns.

Another resident read a poem entitled “My Town.”

6.         Village Board comments

>> Trustee Bajor expressed concern about the Board’s ability to “police” itself and work collectively, as well as how the Board will measure success.

Adjourn at 10:10 PM.

7.         Adjourn to executive session for purposes of discussing pending litigation, personnel, and review of previous executive session minutes

>>

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