Village of Flossmoor Board of Trustees met Dec. 16.
Here is the minutes provided by the board:
Mayor Braun called the meeting to order 7:33pm.
Mayor Braun directed the Village Clerk, Ananda Billings to take roll.
PRESENT: Mayor Braun, Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ALSO PRESENT: Bridget Wachtel, Village Manager; Allison Matson, Assistant Village Manager; Kathi Orr, Village Attorney; Tod Kamleiter, Chief of Police; John Brunke, Public Works Director; Scott Bugner, Building and Zoning Administrator; Scott Bordui, Finance Director, Keith Damm, Assistant Fire Chief; Ananda Billings, Village Clerk; 19 Citizens present.
APPROVAL OF THE MINUTES OF THE MEETING HELD ON DECEMBER 2, 2019
Mayor Braun asked the Board if they had any changes or comments. He called for a motion to approve the minutes of the meeting held December 2, 2019. Trustee Kimmons so moved, seconded by Trustee Williams, and passed by vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
CITIZENS WISHING TO ADDRESS THE BOARD:
Valencia Dantzler of Leavitt Avenue addressed the board as the Community Outreach Liaison for Kid’s Corner, a non-profit organization that provides resources for underprivileged and abused children. She formed a community watch meeting that met the Saturday prior to discuss possible solutions to address the presence of registered sex offenders in Flossmoor. She believes that as a community, Flossmoor is too small with regards to square miles, to allow sex offenders to live in its borders, given the requirements for registered sex offenders to remain at certain distances from parks and schools. Given those restrictions, Flossmoor is an inappropriate community for these particular residents as a number of schools and parks span the small square mile radius (3.87 miles) of the Village.
Ms. Dantzler also is working with Senator Joyce to discuss stronger sex offender laws. Although there are strong laws that would prevent a community from preventing sex offenders from living within its borders, she believes there are other ways a community can protect itself, such as signage to warn children to not engage with that particular individual. She offered her services to the Board and the Village in working to find a solution that will meet the community’s needs.
Mayor Braun thanked her for her comments and noted that although he and the staff and the Board shares her concerns, there are restrictive state measures that would prevent the Village from creating an ordinance banning registered sex offenders from the community. Village Attorney Kathi Orr noted that registered sex offenders must remain 500 feet from areas where there are children, and she noted that Chief Kamleiter is vigilant about measuring these distances and exercising the power we do have under state law. She is going to look into the matter of signage.
Trustee Driscoll inquired about the latest efforts with regard to the individual who was jailed, following probation upon arrest due to a sexual assault. Ms. Dantzler is concerned that this individual received bail following the severity of the crime and then asked the community to call the Judges and State Attorney Kim Foxx in order to stress that the community wants this individual to remain in jail. The individual was arrested a second time for another charge of sexual assault and bail was denied.
REGULAR BOARD AGENDA ITEMS:
Mayor Braun referred to Agenda Item # 1: Consideration of an Ordinance of the Village of Flossmoor, Cook County, Illinois, Amending Flossmoor Municipal Code Chapter 285, Article 15, 16, 18, 19, and 27 of the Zoning Ordinance of the Village of Flossmoor, Illinois (Cannabis Dispensing Organizations)
Scott Bugner, Building and Zoning Administrator addressed the Board. He stated that on November 4, 2019 the Board of Trustees held a discussion on the matter of cannabis business establishments and decided to direct the Plan Commission to hold a public hearing to consider zoning regulations for cannabis business establishments. Upon review and discussion, the Plan Commission with a vote of 4-1 recommended the zoning regulations that cannabis dispensing organizations may be permitted as a special use in the B-3 and B-6 zoning districts subject to conditions including not being located within 2,000 feet of any elementary, middle or high school, permitted along Vollmer Road only, prohibition of cannabis craft growers, cannabis infusion facilities, cannabis processing facilities and cannabis transporting facilities, prohibition of onpremise consumption of cannabis and restricted signage. Only one cannabis provider shall be allowed in the Village at any one time. Following the Plan Commission meeting, staff learned that Rich Central High School is just over 1,000 feet from Vollmer Road, and therefore, staff recommends regulations that lessen the distance from a school to 1,000, as 2,000 feet would restrict cannabis dispensing businesses from locating in the B-3 district on Flossmoor Road.
Mayor Braun reiterated that the Village’s options are either to opt out or regulate. These restrictions would be placed to allow the sale only between the B3 and B6 districts on Vollmer Road, and that it is not close to any schools or any residential areas and that this would be special use only, which means each business interested in locating in the Village would have to appear before the Plan Commission and Village Board. Only two people called the Mayor to oppose and two to be in favor. Only a handful of people showed up to the public hearing and of those, three were in favor and one was against.
Trustee Hoag noted that previously there was some consideration to restrict these licenses to Flossmoor Commons only. He also stated that he does have concerns about legalizing this in Flossmoor and believes that limiting this to Flossmoor Commons would help infuse it with needed business as well as restrict the sale. Trustee Mitros noted that any potential other areas of interest in the zoning districts being discussed would need to still be built, and therefore, would be regulated by the Board. Trustee Kimmons believes that the Board should be careful limiting the sale to a certain location as that could note favoritism for that parcel. Trustee Driscoll commented that his first inclination was to see Flossmoor opt out, but there was not a ground swell of support for this notion. However, given the revenue crunch that Flossmoor faces, this option could provide relief for residents. He compared this to the Lottery and the fact that promised revenue was supposed to go to the schools but now is targeted to advertising for gambling. Restrictions would offer the community the best option. Mayor Braun would rather see Flossmoor regulate before it is forced upon us. Trustee Mitros commented that the stores in question are much more aesthetically pleasing and subtle than what Board members fear. In addition, Flossmoor is in great need of revenue and given the high price of cannabis, this could be a great revenue opportunity for the Village. Given this, Trustee Mitros would support legalization. Trustee Williams said that initially she believed that this would not be a fit for the community with regards to the potential crime that this would generate. However given her extensive research, she did not see any evidence of this. However, given the need for tax relief and the goal to save and spend, it would be hard not to support this notion. She said that if there were additional revenue sources she would not support this but given the options, she is in support. Trustee Bradley-Scott said that the people whom she spoke with were primarily concerned with proximity to schools. Although she initially did not support this law, she is also leaning towards approving this for a revenue option for the Board.
Mayor Braun called for a motion to pass the ordinance amending the zoning ordinance for cannabis dispensing organizations as presented. So moved by Trustee Mitros and seconded by Trustee Kimmons.
Trustee Hoag moved to amend the ordinance to restrict the use along Vollmer Road only east of Governors Highway. Trustee Kimmons asked the Board not to give favoritism to any parcel or landlord. He would prefer to use the zoning code to identify locations.
Trustee Williams noted her support of Trustee Hoag and then said that what bothers her about Vollmer Road is that it is developing well and attracts a younger crowd.
Mayor Braun said we need to avoid spot-zoning as that could show favoritism. Village Attorney, Kathi Orr noted that this would be problematic legally as the three separate parcels are all owned by the same owner.
Trustee Driscoll asked Dr. Dreyfuss, who is interested in opening a dispensary about his thoughts on these restrictions. He responded that if the zoning is too restrictive, and the owner refuses, then it will be restrictive and prevent businesses from opening. Kathi Orr clarified that once a license is issued, they have six months to find a spot.
Trustee Hoag requested to withdraw his amendment.
Mayor Braun called for a vote on the original motion to pass an ordinance amending the Flossmoor Municipal Code Chapter 285, Article 15, 16, 18, 19, and 27 of the Zoning Ordinance of the Village of Flossmoor, Illinois (Cannabis Dispensing Organizations), which passed by a roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
Mayor Braun referred to Agenda Item # 2: Consideration of an Ordinance of the Village of Flossmoor, Cook County, Illinois, Imposing a Municipal Retailers’ Occupation Tax on the Sale of Cannabis
Finance Director, Scott Bordui approached the Board and noted that now that the Board has approved
Agenda Item 1, the Village Board can now consider imposing a municipal retailers occupation tax on the sale of cannabis. Given the Village’s financial situation, he would recommend that the Board approve the full tax of 3%.
Mayor Braun asked about timing and Scott answered that as long as the Village files by April 1, July 1 would be the earliest that it could collect revenue.
Mayor Braun asked the Board if they had any questions and as there were none he called for a motion to approve the ordinance of the Village of Flossmoor, Cook County, Illinois, Imposing a Municipal Retailers’ Occupation Tax on the Sale of Cannabis as presented. Trustee Williams so moved, seconded by Trustee Bradley-Scott and passed by roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
Mayor Braun referred to Agenda Item # 3: Consideration of an Ordinance of the Village of Flossmoor, Cook County, Illinois Amending the Flossmoor Municipal Code Relating to the Use of Cannabis
Chief Kamleiter approached the Board and outlined that with the passing of the Cannabis Regulation and Taxation Act, an ordinance was drafted to provide the police department with some enforcement authority at the local adjudication level for persons found in violation of any provision of the act. Having authority over charging violations involving juvenile offenders not only frees up an already burdensome juvenile court system, penalties can be imposed without creating juvenile records of arrest and those arrests of young nonjuveniles, which may have adverse effects on future employment or educational opportunities.
Trustee Hoag inquired about Olympia Field’s status in terms of opting in or out but it is an unknown at present. Given the proximity of Flossmoor’s zoning area for the sale of cannabis and Olympia Fields, Flossmoor might be restricted if Olympia Fields opens a dispensary first. Kathi Orr noted that this would be a first come first serve basis as to whether Olympia Fields or Flossmoor has the dispensary.
Trustee Bradley-Scott inquired about the specifications of possession. For example if a car is pulled over and there is cannabis, but there are three people in the car, would everyone be charged or just the one who had the item on their person? Chief Kamleiter said that previously everyone would be charged but now that practice is long past.
As there were no other questions or comments, Mayor Braun called for a motion to approved an Ordinance of the Village of Flossmoor, Cook County, Illinois Amending the Flossmoor Municipal Code Relating to the Use of Cannabis. Trustee Driscoll so moved, seconded by Trustee Kimmons and passed by roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
Mayor Braun referred to Agenda Item # 4: Consideration of a Contract Award to Strand Associates to Provide Advisory Services for an Alternative Water Source.
John Brunke presented the agenda item to the Board. The Village of Flossmoor currently receives its water from Homewood who receives its water from Harvey. Due to the ongoing litigation and the future uncertainty with the City of Harvey water supply system and the fact that our contract expires in 2022, staff continues to work on a due diligence study of an alternate drinking water supply source. The reason for this study is to determine which prospective supplier can provide the most reliable and economical water supply connection for the Village into the future. Baxter and Woodman Consulting Engineers has performed a considerable amount of work on our water system including water monitoring and completed a Water Supply Feasibility Study on behalf of the Village. The purpose of this study is to look at the feasibility and cost of obtaining water from Homewood, Chicago Heights, Oak Lawn, Park Forest, or the Southland Water Agency. The feasibility study narrowed the decision to Chicago Heights as a supplier, either through Homewood or directly to Chicago Heights and now a more detailed analysis needs to be completed to make an informed decision on which route is the best for the Village. Given the magnitude and the complexity of transitioning the Village’s water supply to a new source and a new supplier, the Village has retained Bill Balling, a retired city manager who has built a management consulting business and has developed a proven experience assisting communities with water supply decisions. To provide technical advisory services, staff interviewed three engineering firms with expertise in this area. Staff recommends retaining Strand Associates.
Mayor Braun clarified to the public that the two options under consideration are essentially the same option as both will source their water from Hammond via Chicago Heights. The only difference is if we should source directly from Chicago Heights or go through Homewood. The City of Chicago Heights has requested a more formal response and therefore will need to notify the City that Flossmoor intends to source its water through Chicago Heights, but will need to decide on which route.
Trustee Hoag asked about Mr. Balling’s role in thus matter and his background. He responded that he has an extensive knowledge of these processes having been involved in 5 recent water acquisition contracts. He was also previously the City Manager of Buffalo Grove. Trustee Hoag then requested that Village Manager Bridget Wachtel address how Mr. Balling would benefit the Village. Village Manager Wachtel noted that Bill has been working with the Village since July and has proven to be an invaluable asset to this entire process given his knowledge of the processes and landmines that could be present with such a major decision. Trustee Mitros inquired about Bill’s current projects and it was noted that he is currently working on multiple large scale projects similar to Flossmoor’s current water search. Trustee Mitros said that over the course of 20 to 30 years the financial spend will be negligible, but to have that extra layer of protection will be invaluable.
Resident Dr. Dreyfuss inquired if there was an intergovernmental agreement that would supply testing information to all cities. Mayor Braun said that they will try to work on this after deciding the best route. Dr. Dreyfuss also asked if there was any legal effort to recoup monies paid to Harvey. Village Attorney Kathi Orr answered that there is extensive legal activity in place but it does not affect Flossmoor’s liability. Once the contract expires, then we can proceed to a new supplier.
Mayor Braun asked the Board if they had any questions. He called for a motion to authorize the contract award Strand Associates to provide advisory services for an alternative water source. Trustee Williams so moved, seconded by Trustee Bradley-Scott and passed by roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
Mayor Braun referred to Agenda Item # 5: Consideration of an Ordinance of the Village of Flossmoor, Cook County, Illinois, Amending the Village of Flossmoor Personnel Manual
Assistant Village Manager Allison Matson, addressed the Board to discuss the Agenda Item. The Village made a comprehensive update to the Personnel Manual in April 2019. Since it became effective on May 1, 2019, the State Legislature passed the cannabis legalization law and a law regarding sexual harassment that needs to be reflected in the manual. In addition, staff identified a few policies that need to be updated to clarify practices related to the probationary periods for new employees. Staff worked with Village Attorney Kathi Orr as well as the attorneys at Clark Baird Smith, the Village’s labor attorneys, on these proposed updates.
Trustee Bradley-Scott inquired about the step increases and the technicalities for promotion and salary increases within. Village Manager Wachtel noted that there are some situations where a promoted employee must be advanced in the step system in order to receive an increase upon promotion.
Mayor Braun asked the Board if they had any further questions. He called for a motion to approve the Ordinance of the Village of Flossmoor, Cook County, Illinois, Amending the Village of Flossmoor Personnel Manual. Trustee Williams so moved, seconded by Trustee Driscoll and passed by roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
Mayor Braun referred to Agenda Item # 6: Consideration of an Amendment to the Full-Tim Salary Schedule (Police Commander Position)
Chief Kamleiter is recommending that the Village create a position of Police Commander to replace the existing Administrative Sergeant assignment. This would be an appointment made by the Chief of Police and would answer directly to the Deputy Chief of Police. Based on the duties and responsibilities, the position of Police Commander would be an exempt position as defined under the FLSA and the recommended salary range is $94,501 to start with a maximum salary of $118,126 under the current salary schedule. The amended salary schedule also reflects a change in the exemption status of the police sergeants following a review of our labor counsel.
Mayor Braun asked the Board if they had any questions. He called for a motion to approve the amendment to the full-time salary schedule as presented. Trustee Kimmons so moved, seconded by Trustee Williams and passed by roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
Mayor Braun referred to Agenda Item # 7: Discussion of the FY 2020 Mid-Year Financial Review
Bridget Wachtel, Village Manager, presented the Fiscal Year 2020 Mid-Year Financial Review.
As a part of the comprehensive review, staff looks at the General Fund and the Water and Sewer Fund to try to project how they anticipate the fiscal year will end. It is a good way to look at various trends and issues that the Village might be facing.
Overall, both the General Fund and the Water and Sewer Fund are expected to close year end with positive fund balances. In preparing the Fiscal Year 2020 budget, the Village projected the use of $2,617,588 in fund balance to support the General Fund, $2,057,209 of which is attributable to capital and one-time nonoperating projects. With budget amendments, expense reductions and deferment of capital projects, staff is projecting to use approximately $417,000 which is an improvement over budget.
The Water and Sewer Fund is also expected to close the fiscal year with a positive fund balance of $1,928,520 as of April 30, 2020 which is an improvement compared to the budgeted fund balance of $1,535,416. Bridget reviewed both positive and negative trends in each of these funds. Given the impact of various factors including a struggling economy and the stagnation of real estate activity, the economy, although in a recovery period, still continues to affect the budget. The State’s legislative activity continues to have detrimental impacts on the budget and the ability to save vs. spend is threatened with the amount of fund balance being withdrawn to support operating costs. Staff continues to monitor these trends and manage this year’s budget in a conservative manner to ensure that the Village’s financial reserves remain strong and that Staff maintains the highest degree of accountability and trust with the public’s funds.
Staff has also made considerable progress on the Fiscal Year 2020 goals and objectives as outlined in this year’s budget.
Mayor Braun said that he was pleased by these mid-year review trends as it allows the Board insight into where the Village stands as well as foresight into what measures would be needed for the Village to meet its goals. Trustee Williams noted her thanks for a job well done. Trustee Hoag asked about the Vacant Building Registration Fee. Outsourcing registration and collection to ProChamps has been a relief to staff. Scott Bugner also reiterated this sentiment. Mayor Braun said that Trustee Driscoll and Village Attorney Orr were the ones to push this forward and that it has been excellent for the Village.
Trustee Driscoll inquired about the construction project with the Village Hall and asked to clarify what areas will be worked on in 2020. Ms. Wachtel responded that the roof will be a part of the capital equipment fund which would be separate from the Village Hall improvements. Bids for the improvements have gone out and the bid results will be presented to the Board in the near future.
Trustee Bradley-Scott noted her appreciation to the attention to detail within the report. She then inquired about the health of the businesses that have come to Flossmoor and what the projection for their financial success looks like so that we can evaluate how much longer we can count on their revenue. Ms. Wachtel responded that a couple of factors are in play: property tax and sales tax. With regards to property taxes, Flossmoor has likely tapped out the limits of this and with regards to sales tax, in 2016 the Village received $250,000 in sales tax, and this year it is now over $1 Million. The developers that staff have spoken to have been very pleased with the traffic at their businesses. Trustee Bradley-Scott noted that we will need to pay attention to these businesses especially as the new assessment numbers are completed.
Trustee Kimmons asked Bridget where the Village currently stands in terms of marketing and what efforts would need to take place now to prepare for summer of 2020. She responded that within the next 30 days, staff should have more information on the marketing campaign.
Trustee Kimmons commented that as a new Trustee these reviews are very helpful.
No vote was required.
Finance Committee – Trustee Jim Mitros
Trustee Mitros presented and requested approval of the checks and invoices to be paid. Trustee Mitros made a motion to approve payment in the amount of $6,582.92 in hand checks and invoices in the amount of $207,462.33 for a total of $241,045.26. The motion was seconded by Trustee Bradley-Scott and passed by roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
OTHER BUSINESS
Mayor Braun noted his thanks to Trustee Kimmons and Trustee Williams for participating as emcees at the Flossmoor tree lighting the previous weekend. Trustee Kimmons mentioned that it was nice to see everyone from all locations in Flossmoor and also thanked Chief Kamleiter for keeping everyone safe and thanked Staff for the parade.
Trustee Williams made mention and well wishes to Ms. Juanita Mitchell for celebrating her 108th birthday. She is having a celebration on Saturday.
Mayor Braun noted that he passed out a magazine article to all members of the Board that is fact-based information on cannabis to give the members of the Board the ability to be better versed on this topic as the Board continues this conversation with the community.
Mayor Braun called for a motion to adjourn. Trustee Mitros so moved, seconded by Trustee Bradley Scott and passed by roll call vote.
AYES: Trustees Bradley-Scott, Driscoll, Hoag, Kimmons, Mitros, and Williams
ABSENT: None
ABSTAIN: None
NAYS: None
The Board Meeting adjourned at 9:48pm.
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