Village of Bartlett Board of Trustees met Nov. 5.
Here is the minutes provided by the board:
1. CALL TO ORDER
President Wallace called the regular meeting of November 5, 2019 of the President and Board of Trustees of the Village of Bartlett to order on the above date at 7:02 p.m. in the Council Chambers.
2. ROLL CALL
PRESENT: Trustees Camerer, Carbonaro, Deyne, Gabrenya, Hopkins, Reinke and President Wallace
ABSENT: None
ALSO PRESENT: Village Administrator Paula Schumacher, Assistant to the Village Administrator Scott Skrycki, Human Resources Director Janelle Terrance, Sr. Management Analyst Sam Hughes, Management Analyst Joey Dienberg, Finance Director Todd Dowden, Assistant Finance Director Matt Coulter, Planning & Development Services Director Roberta Grill, Public Works Director Dan Dinges, Public Works Engineer Bob Allen, Building Director Brian Goralski, Grounds Superintendent Kevin DeRoo, Police Chief Patrick Ullrich, Deputy Chief Geoff Pretkelis, Deputy Chief Jim Durbin, Village Attorney Bryan Mraz and Village Clerk Lorna Giless.
3. INVOCATION – Christ Community Church Pastor Cory Shumate gave the invocation.
4. PLEDGE OF ALLEGIANCE
5. CONSENT AGENDA
President Wallace stated that all items marked with an asterisk on the Agenda are considered to be routine and will be enacted by one motion. He further stated that there will be no separate discussion of these items unless a Board member so requests, in which event, that item will be removed from the Consent Agenda and considered at the appropriate point on the Agenda. He asked if there were any items a Board member wished to remove from the Consent Agenda, or any items a Board member wished to add to the Consent Agenda.
There were no requests to amend any items on the Consent Agenda.
President Wallace then recited each item that was on the Consent Agenda, including the nature of the matters being considered and other information to inform the public of matters being voted upon. He then stated that he would entertain a motion to approve the Consent Agenda, and the items designated to be approved by consent therein.
Trustee Deyne moved to approve the Consent Agenda and that motion was seconded by Trustee Hopkins.
ROLL CALL VOTE TO APPROVE THE CONSENT AGENDA AND CONSENT ITEMS THEREIN
AYES: Trustees Camerer, Carbonaro, Deyne, Gabrenya, Hopkins, Reinke
NAYS: None
ABSENT: None
MOTION CARRIED
6. MINUTES
Trustee Carbonaro moved to approve the Board and Committee minutes from October 15, 2019 and that motion was seconded by Trustee Hopkins.
ROLL CALL VOTE TO APPROVE THE BOARD/COMMITTEE MINUTES FROM OCTOBER 15, 2019
AYES: Trustees Deyne, Hopkins, Reinke
NAYS: None
ABSENT: None
ABSTAIN: Trustees Camerer, Carbonaro, Gabrenya
MOTION CARRIED
7. BILL LIST – Covered and approved under the Consent Agenda
8. TREASURER’S REPORT - None
9. PRESIDENT’S REPORT
Jamie Wilkey from Lauterbach & Amen, LLP auditors reviewed the 2019 financial audit report.
10. QUESTION/ANSWER: PRESIDENT & TRUSTEES
Trustee Deyne recognized staff anniversaries and birthdays.
Trustee Camerer stated that he was happy that the Board and Committee packets were electronic since it was 722 pages.
11. TOWN HALL
George Koziol, 654 Hazel Nut Court Mr. Koziol stated that he was there to ask for help on a potentially dangerous road condition before a vehicle is damaged or someone is injured. He stated that the problem was on Lake Street at the main entrance to Moretti’s restaurant at 1175 W. Lake Street. Potholes have and are continuing to form in the island where westbound vehicles turn onto the median to enter the parking lot and vehicles exiting the parking lot to go West must use the median before entering traffic. With the minimum speed limit of 45 MPH on Lake Street in the area, he was concerned that a turning vehicle might encounter a tire blowout when attempting to exit the roadway at those speeds. Worse yet, traffic in either direction might lose control and enter into oncoming traffic. He indicated that he called IDOT about three weeks ago to report the problem and has not seen any correction. He hoped that the village would also call IDOT and report the problem.
Jay Langfelder, 1665 Penny Lane Mr. Langfelder stated that he was concerned about the mutual aid agreement between Hanover Township Emergency Services and the Village of Bartlett. The village has been using the Hanover Township Emergency Services to direct traffic in emergency situations. He has experienced the professionalism and service integrity of the Bartlett Police Department, Bartlett Fire District, Park District and Library. Services and employees provided have been professional and knowledgeable in these circumstances. Services and training are provided by the generous taxpayers of Bartlett. Based on the agreement, Hanover Township Emergency Services would be allowed in Bartlett in emergency situations. He questioned who is paying for this service and why are we allowing another taxing body to service the Village of Bartlett when we have other professional organizations to come to their aid. For example, Streamwood Police Department, West Chicago Police Department, Hanover Park Police Department, Wayne Police Department, the Sheriffs County of DuPage and the Cook County Sheriff’s Department. They have been properly trained in these emergency situations. As a concerned citizen, he has deep respect for the board and the duties it holds. Community safety is a major concern but using these services opens the Village of Bartlett to a major liability to the public. Under Worker’s Compensation if an emergency service worker gets hurt in the line of duty while directing traffic or accidentally running into a minivan full of children, who is on the hook for that liability? As a former board member of the Bartlett Fire District, they did not use the Hanover Township Emergency Services - why not the Village of Bartlett?
12. STANDING COMMITTEE REPORTS
A. BUILDING & ZONING COMMITTEE, CHAIRMAN HOPKINS
Trustee Hopkins stated that there was no report.
B. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE, CHAIRMAN GABRENYA
Trustee Gabrenya stated that there was no report.
C. FINANCE & GOLF COMMITTEE, CHAIRMAN DEYNE
Trustee Deyne stated that they have an Alternative #1 and Alternative #2 regarding the issuance of General Obligation bonds that was postponed from the October 15, 2019 meeting since three of the trustees were missing.
Trustee Deyne presented the two alternatives:
1. Consideration and action on an ordinance providing for the issue of not to exceed $15,000,000 General Obligation Bonds, Series 2019, for the purpose of financing various capital improvements and refunding certain outstanding bonds of the Village, providing for the levy of taxes to pay said bonds, and providing for the sale of said bonds to the purchaser thereof [ALTERNATIVE #1]
2. Consideration and action on an ordinance providing for the issue of not to exceed $6,500,000 General Obligation Refunding Bonds, Series 2019, for the purpose of refunding certain outstanding bonds of the Village, providing for the levy of taxes to pay said bonds, and providing for the sale of said bonds to the purchaser thereof [ALTERNATIVE #2]
Trustee Deyne moved to approve (Alternative #1) Ordinance 2019-87, Consideration and action on an ordinance providing for the issue of not to exceed $15,000,000 General Obligation Bonds, Series 2019, for the purpose of financing various capital improvements and refunding certain outstanding bonds of the Village, providing for the levy of taxes to pay said bonds, and providing for the sale of said bonds to the purchaser thereof and that motion was seconded by Trustee Camerer.
Finance Director Todd Dowden stated that Alternative #1 is to issue bonds not to exceed $15,000,000 in par value. The purpose of the bonds would be to finance the Devon Avenue Excess Flow Facility. The estimated cost is $8,429,000. This project was discussed at the Committee meeting in July and was presented with three alternatives and this was the project determined to be the best route to go. Also included in the $15,000,000 is refunding the 2009 General Obligation bonds at $5,695,000. It would be an estimated savings of approximately $480,000.
President Wallace asked if the rates have dropped even further since the last discussion?
Bond Advisor Dalena Welkomer with Baird Public Finance stated that the savings was about $530,000 when this was ran when rates were at an all-time low in August. Since then they have seen a 10-30 basis point increase in rates. On the short end of the curve, which is where the refunding maturities fall, it has been a little bit tighter. She estimated the savings to be around $400,000 gross which is very attractive and well above the GFOA recommended threshold.
Trustee Hopkins stated that he appreciated staff meeting with him and answering his many questions. He stated that he did not necessarily agree with the direction they were going, he thought the sewers have aged quite a bit over the years and he would be voting “no” on this ordinance. He indicated that he had some documents he wanted to introduce into the minutes that he obtained from MWRD. He encouraged his fellow board members to review those documents and learn about the sewer. His discussions will happen when we review the sewer rates in March.
President Wallace stated that he went through those documents and there wasn’t anything in there that would change the way that he feels about what we are doing now primarily with the rate environment and everything else involved. The board will get a chance to read through them before budgeting and what they’re talking about is equitable funding.
ROLL CALL VOTE TO APPROVE ORDINANCE 2019-87, ISSUANCE OF GENERAL OBLIGATION BONDS NOT TO EXCEED $15,000,000 FOR VARIOUS CAPITAL IMPROVEMENTS AND REFUNDING OUTSTANDING BONDS
AYES: Trustees Camerer, Carbonaro, Deyne, Gabrenya, Reinke
NAYS: Trustee Hopkins
ABSENT: None
MOTION CARRIED
Trustee Deyne stated that the 2019 Estimated Property Tax Levy and Resolution 2019- 89-R, a Resolution Approving of Disbursement Request for Payout No. 12 from the Subordinate Lien Tax Increment Revenue Note, Series 2016 for the Elmhurst Chicago Stone Bartlett Quarry Redevelopment Project were covered and approved under the Consent Agenda.
D. LICENSE & ORDINANCE COMMITTEE, CHAIRMAN REINKE
Trustee Reinke stated that Resolution 2019-90-R, Executive Session Minutes Review was covered and approved under the Consent Agenda.
E. POLICE & HEALTH COMMITTEE, CHAIRMAN CARBONARO
Trustee Carbonaro presented Resolution 2019-88-R, a Resolution Approving of an Intergovernmental Mutual Aid Agreement Between the Village of Bartlett Police Department and Hanover Township Emergency Services Department.
Trustee Carbonaro moved to approve Resolution 2019-88-R, a Resolution Approving of an Intergovernmental Mutual Aid Agreement Between the Village of Bartlett Police Department and Hanover Township Emergency Services Department and that motion was seconded by Trustee Deyne.
Trustee Carbonaro asked the Chief to address some of the insurance and liability questions and would this be an additional problem for us since it seems to be a main concern.
Police Chief Patrick Ullrich stated that with a Mutual Aid Agreement, they have to maintain their own insurance as well as indemnification. He thought the village was covered from that standpoint.
Trustee Camerer asked if they were sure that in a situation where one of the Township workers were injured, the village would not be liable?
Chief Ullrich stated that unless it is a negligent or willful wanton act on our part that causes that injury, he thought that their insurance would cover it.
Village Attorney Bryan Mraz stated that there is indemnification provisions in the Mutual Aid Act and as long as it is not gross negligence or willful or wanton conduct, we are covered. He stated that there are immunities built into the Act and unless you have those gross negligent type things, we won’t be liable to third parties. He stated that they can help us in emergencies and they would be covered and we would be immune to the liability under the Act, while they’re providing those emergency services.
Chief Ullrich stated that they are limiting them to emergency situations only.
Several scenarios were discussed regarding liability situations.
President Wallace stated that essentially what this is doing is putting parameters around something that has no parameters right now.
Trustee Hopkins brought up the fact that other police departments providing mutual aid are accredited and have decades of reputation. Hanover Township Emergency Services has only been around since 2006.
Chief Ullrich stated that in the scenario where there was a heavy traffic accident, his staff is busy tending to the people involved, trying to make notifications, going to the hospital, etc. a lot of times he has 4-5 officers on the street. I have to find other people to control the scene. When the accident reconstruction team comes in, it is a 3-4 hour process to staff. Sometimes they have to call additional officers which involves overtime. Calling for mutual aid from another agency like Elgin, Streamwood or Hanover Park is sending their staff off of the street, and they are questioning why we don’t use Hanover Township which is right in the same town.
He stated that this all started back in May of 2018, when they had a missing autistic child. It was cold and dark out and in a swamp area. His staff was worried that if they didn’t find him something bad would happen. They called for helicopters which could not help because of the weather, drones, canines, mutual aid from other departments and still did not have enough people. They got to the point where they questioned if they should use Hanover Park Emergency Services to help in the search. They have ATV’s and personnel. The last thing he wanted to do was explain to somebody that they did not use every resource possible to try to find their missing child. They did not have a policy to address this and that is what got them to this point. We should be talking about doing everything that they can do in an emergency to make sure that his staff has enough people to deal with these kinds of situations. They have used Hanover Township for serious traffic accidents on some gas leaks where roads were closed for long periods of time. His experience with them is that they have been professional and have done a good job with no issues. He would not be asking for this if he didn’t think it would benefit the village and help his staff do what they need to do when these incidents happen.
Attorney Mraz stated that Trustee Reinke raised the need for a formal agreement and he agreed that this requires a Mutual Aid Agreement to provide those immunities.
Trustee Gabrenya stated that Trustee Hopkins had a similar question and concern regarding their Cook County tax bills. The line item for Hanover Township Emergency Services has continued to rise since its inception. Her concern as a taxpayer is that if we are asking them to do more, will they then believe that they need to buy more? If it is simply the traffic control and ancillary assistance, she does not see that. If they are told that in the case of an emergency, it is every man, woman and piece of equipment, does that then give them the inspiration to buy a drone and do other things that we already have that then become redundant.
Village Administrator Paula Schumacher stated that she would not want to speak on behalf of another taxing district and whether or not they would raise their rates. She stated that the police have very specifically laid out their request for emergency relief.
Chief Ullrich stated that they have a mutual aid order and he created a specific section for Hanover Township Emergency Services. He limited it to the following emergency situations: assisting with traffic for serious traffic, gas leaks, downed wires, etc., when roads are expected to be closed for extended periods of time. They would not be calling them out for every traffic crash - only when the roadways would be shut down for long periods of time. To assist with a search for missing persons or assist with a natural disaster. In the event an emergency or natural disaster requires extra equipment, we can contact them to request equipment that will aid our response to the emergency room national disaster. Types of equipment that they already have that could be requested include lights, pumps, generators, all-terrain vehicles, etc. We will not be contacting them to assist with traffic control or assistance at community events because that falls outside of the emergency management act. Use of Hanover Township Emergency Services is limited to emergency situations only. In the event of an emergency or natural disaster, where they are requested to provide assistance, Hanover Township Emergency Services will assume a support role to the police department. The police department and Bartlett Fire Protection District, if unified command is established, will remain operational logistic control. Any natural disaster, emergency or missing person incident that would require technical rescue or medical attention shall remain the primary responsibility of the Bartlett Fire Protection District. Hanover Township Emergency Services shall not be used in these instances for technical rescue or medical attention other than basic first aid. In the event of an emergency or natural disaster requires evacuation and/or door-to-door notification to residents, these responsibilities will be handled by law enforcement or Fire personnel only. He felt that this addresses concerns that Trustee Gabrenya might have and really limits our use to specific emergency situations and delegates them to a support role which will maintain operational and logistical control as well as the Fire District.
Trustee Deyne asked if when they call in Streamwood or Hanover Park and they have to respond, do we have to pay for those services.
Chief Ullrich stated “no”.
Trustee Deyne stated that he felt that the benefits explained this evening far outweigh the risk involved. This is a service that works in a number of different communities and has operated in these communities successfully with no liability issues. If the Chief is asking for some assistance he felt it was the responsibility of this board to trust in his judgment and believe what he is telling us and approve this agreement.
Trustee Reinke stated that he does not support the policy of using them and trusts the Bartlett Police Department. He wanted to make sure that this was not a vehicle to use them more often. Orders can be changed over time and you can’t find your successor. This can be changed and you don’t know what the future can hold.
President Wallace stated that it is not in order to use them more, it is about having a fence around when we do and how we do. It actually limits our liability. As crazy as our world is right now all hell breaks loose at the high school or one of the churches around here, it is going to be all hands-on deck and you are going to want to have the additional manpower.
ROLL CALL VOTE TO APPROVE RESOLUTION 2019-88-R, APPROVING AN INTERGOVERNMENTAL MUTUAL AID AGREEMENT WITH HANOVER TOWNSHIP EMERGENCY SERVICES
AYES: Trustees Camerer, Carbonaro, Deyne, Gabrenya
NAYS: Trustees Hopkins, Reinke
ABSENT: None
MOTION CARRIED
F. PUBLIC WORKS COMMITTEE, CHAIRMAN CAMERER
Trustee Camerer stated that Apple Orchard Pump Station Upgrade Project (Rejection of Bids); Resolution 2019-91-R, Awarding the 2019-20 Bulk Road Salt Purchase Between the Village of Bartlett and Compass Minerals America Inc.; Ordinance 2019-92, an Ordinance Amending the Bartlett Municipal Code Section 6-11-1303.1: Schedule V, No Parking Zones were covered and approved under the Consent Agenda.
13. NEW BUSINESS
President Wallace asked about the Christmas lights in the downtown.
Public Works Director Dan Dinges stated they actually started hanging lights today. They have started at the Depot Museum and will be complete by the end of the week.
14. QUESTION/ANSWER PRESIDENT & TRUSTEES - None
15. ADJOURN TO COMMITTEE OF THE WHOLE MEETING
President Wallace stated that the Board will be going into the Committee of the Whole meeting immediately following the close of this meeting. At the close of that meeting they will be going into Executive Session to Discuss Collective Negotiation Matters Pursuant to Section 2(c)2 of the Open Meetings Act as well as to Discuss Personnel, Pursuant to Section 2(c)1 of the Open Meetings Act.
There being no further business to discuss, Trustee Camerer moved to adjourn the regular Board meeting and that motion was seconded by Trustee Hopkins.
ROLL CALL VOTE TO ADJOURN
AYES: Trustees Camerer, Carbonaro, Deyne, Gabrenya, Hopkins, Reinke
NAYS: None
ABSENT: None
MOTION CARRIED
The meeting was adjourned at 7:41 p.m.
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