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Village Board Minutes

VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING
DECEMBER 5, 2011

CALL TO ORDER – 7:00 pm
Mayor Berman called the meeting to order,

SILENT PRAYER – MEDITATION – PLEDGE OF ALLEGIANCE

ROLL CALL
In attendance: Mayor Dale Berman, Trustee Chris Faber, Trustee Ryan Lambert, Trustee Mark Guethle, Trustee Mark Gaffino, Trustee Laura Curtis, Trustee Vince Mancini, Village Clerk Lori Murray.

Staff in attendance: Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Village Attorney Kevin Drendel, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Police Chief Dave Summer.

AUDIENCE COMMENTS
Greg Sutton, 454 Lake Run Court, North Aurora, IL – Mr. Sutton, a resident of Lake Run Estates subdivision, addressed the Board regarding turnover of the Lake Run Estates Homeowners Association by the developer. Sutton noted his concern as well as those of other homeowners since there are items that remain unaddressed. Sutton hoped the Village could assist the HOA to positively resolve issues with the developer.

Sutton said that the south side of the property contains a wetland area and that the developer has not followed the plan that was laid out to maintain the wetland. Maintenance was to be done on an annual basis and requests by the homeowners for documentation of this have gone unanswered. Sutton added that a number of required documents for the HOA, such as the annual report, have not been filed since 2007. Currently the HOA has been involuntarily dissolved by the State. The HOA is concerned that there are not proper annual audits of financials and that monies have not been set aside in the reserve account. The developer has used HOA dues to pay for its own operating expenses.

In November the developer cancelled a meeting with the homeowners four hours before it was to be held. Today, the management company stated that Toll Brothers had a conflict with the next meeting on December 7th and could not be there but that turnover of the HOA would still take place. Sutton said the homeowners are reaching out to the Village to see if there is something that can be done to bring all parties to an amicable resolution.

Aaron Anderson, 341 Western Drive, North Aurora, IL – Mr. Anderson said that the HOA does not have a surety bond to make sure items are resolved. The Village has a bond it can hold against the developer. Anderson asked the Village to assist in determining what the builder’s responsibilities are before they leave the area.
Community Development Director Scott Buening said that the Village has a Letter of Credit for the public improvements and that can be drawn on to complete the public improvements. However, there is no bond in place to cover private improvements. Buening added that the County has jurisdiction regarding the wetlands.

Trustee Guethle asked how much of the public improvements need to be finished. Buening said that Toll Brothers has almost completed the improvements.

Atty. Drendel said the Village is in a different position. The Village has a backup SSA in case the Village needs to complete improvements that are not done by the HOA. Drendel added that the interests could be adverse but the Village Board stands with the HOA in the expectation that the developer should do the right thing. Atty. Drendel said that this situation is a private issue and not sure what, if any, authority the Village would have to hold back the letter of credit regarding the common areas. If the HOA cannot get any recourse, Drendel said they may have to take Toll Brothers to court, especially if the builder used money that was in reserves.

Mayor Berman said that the Village Board would give the HOA all of the support it can. In regard to anything legal, would be beyond the Village’s capability.

Buening noted that approval of the ponds was given by the County.

TRUSTEE COMMENTS – None

PUBLIC HEARING
1. Truth in Taxation for 2011 Property Tax Levy
Mayor Berman opened the public hearing. There were no comments. Mayor Berman closed the public hearing.

PROCLAMATION
1. National Drunk and Drugged Driving Prevention Month
Mayor Berman proclaimed December 2011 as National Drunk and Drugged Prevention Month in the Village of North Aurora.

CONSENT AGENDA
1. Approval of Village Board Minutes dated 11/21/11
2. Approval of an Interim Bill List dated 11/17/2011 in the amount of $3,564.64; Approval of an Interim Bill List dated 11/30/2011 in the amount of $103,537.60

Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

NEW BUSINESS
1. Approval of Health, Life Dental Vision and other related Benefits Package for Calendar Year 2012
Finance Director Hannah summarized the 2012 renewal process which successfully resulted in Blue Cross/Blue Shield decreasing the renewal rate by approximately 8.5% from last year’s rates after going through a competitive underwriting process. Hannah also said that the Village is implementing an health savings account option this year. There is a minor change to the drug card for 2012 and a new voluntary, employee-paid vision plan will be offered. Hannah also introduced Dave Stumm of Stumm Insurance who also recapped the renewal process.

Motion for approval as recommended by staff made by Trustee Guethle and seconded by Trustee Faber. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Gaffino – yes. Motion approved (6-0).

2. Approval of a Resolution Approving Revisions to the Personnel Policy Manual
Finance Director Hannah indicated that the attached changes formally implement where necessary some of the insurance changes for 2012 that were just approved.

Motion for approval made by Trustee Faber and seconded by Trustee Gaffino. Roll Call Vote: Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

3. Approval of the Messenger Public Library Resolution of the Board of Trustees for .02% Maintenance Tax
Motion for approval made by Trustee Guethle and seconded by Trustee Mancini. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

4. Approval of an Ordinance for the Levy and Assessment of Taxes in and for the Village of North Aurora, Kane County, Illinois for the Fiscal Year Beginning June 1, 2011 and Ending May 31, 2012
Motion for approval made by Trustee Guethle and seconded by Trustee Mancini. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes. Motion approved (6-0).

5. Approval of an Ordinance Abating the Tax heretofore levied for the Year 2011 to Pay Debt Service on $1,770,000 General Obligation Bonds, Series 2003 (alternate revenue source)
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes. Motion approved (6-0).

6. Approval of an Ordinance Abating the Tax heretofore levied for the Year 2011 to Pay Debt Service on $3,500,000 General Obligation Bonds, Series 2006 (Alternate Revenue Source)
Motion for approval made by Trustee Gaffino and seconded by Trustee Guethle. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes. Motion approved (6-0).

7. Approval of an Ordinance Abating the Tax heretofore levied for the year 2011 to Pay Debt Service on $9,000,000 General Obligation Bonds, Series 2008 (Alternate Revenue Source).
Motion for approval made by Trustee Lambert and seconded by Trustee Gaffino. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

8. Approval of an Ordinance Levying the Taxes for the Waterford Oaks Special Service Area #4
Motion for approval made by Trustee Guethle and seconded by Trustee Mancini. Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes. Trustee Lambert – yes. Motion approved (6-0).

9. Approval of an Ordinance Levying the Taxes for the Timber Oaks Special Service Area #8 for the Fiscal Year beginning June 1, 2011 and ending May 31, 2012.
Motion for approval made by Trustee Faber and seconded by Trustee Gaffino. Roll Call Vote: Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes. Motion approved (6-0).

10. Approval of an Ordinance Levying the Taxes for the Pinecreek (Phase III) Special Service Area #9 for the Fiscal Year beginning June 1, 2011 and ending May 31, 2012.
Motion for approval made by Trustee Gaffino and seconded by Trustee Mancini. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes. Motion approved (6-0).

11. Approval of an Ordinance Levying the Taxes for the Willow Lakes Special Service Area #11 for the Fiscal Year beginning June 1, 2011 and ending May 31, 2012.
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (6-0).

12. Approval of Illinois Municipal League Risk Management Association 2012 Contribution and Related Agreements for 2012
Finance Director Hannah said that the Village needs to elect either to remain in the Min-Max program for 2012 or pay the normal contribution. Hannah summarized the Village’s recent claim history and financial results of participating in the Min-Max program over the last five years.

Motion by Trustee Guethle and seconded by Trustee Gaffino to remain in IMLRMA’s Min-Max program for 2012. Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (6-0).

13. Approval of an Ordinance Approving the 2nd Budget Amendment for FY 2011-12
Motion for approval made by Trustee Mancini and seconded by Trustee Lambert. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Faber – yes. Motion approved (6-0).

14. Approval of a Resolution Approving a Revised Investment Policy for the Village of North Aurora
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (6-0).

15. Approval of an Ordinance Approving the Second Amendment to the Annexation Agreement for the Mooselake Estates Subdivision
Motion for approval made by Trustee Guethle and seconded by Trustee Lambert. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

16. Approval of an Ordinance Approving the First Amendment to the Annexation Agreement for the Windstone Subdivision
Motion for approval made by Trustee Gaffino and seconded by Trustee Mancini. Roll Call Vote: Trustee Gaffino – yes, Trustee Lambert – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Faber – yes, Trustee Guethle – yes. Motion approved (6-0).

17. Approval of a Resolution Authorizing Application for Kane County Block Grant Funds for Offutt and Lovedale Lanes
Preliminary cost for improvements is $325,000. The Village will be asking for $195,000 from the County. A sidewalk still needs to be added to the estimate. Staff recommended approval. The application is due next Friday. Motion for approval made by Trustee Lambert and seconded by Trustee Gaffino. Trustee Curtis asked if the Village has asked Speedway to contribute to the cost of the improvements. Kornowske said the Village is currently working on that. Roll Call vote: Trustee Lambert – yes, Trustee Guethle – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Gaffino – yes. Motion approved (6-0).

18. Approval of North Aurora Village Hall General Construction Contingency Draw No. 7 in the amount of $9,600 for Water Service Line Rock Excavation
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

19. Approval of Pay Approval of Pay Request No. 6 in the amount of $177,353.00 from Robert Yiu Construction, Inc. for NAVH Renovation Services through 11/30/2011
Motion for approval made by Trustee Gaffino and seconded by Trustee Guethle. Roll Call Vote: Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Faber – yes. Motion approved (6-0).

20. Approval of Pay Request No. 5 in the amount of $176,965.06 from Geneva Construction for the 2011 Street Improvements
Motion for approval made by Trustee Gaffino and seconded by Trustee Mancini. Roll Call Vote: Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (6-0).

21. Approval of the 2012 Schedule of Rates for Rempe-Sharpe & Associates, Inc for Village Engineering Services
Motion for approval made by Trustee Lambert and seconded by Trustee Mancini. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Mancini – yes. Motion approved (6-0).

22. Approval of Bill List dated 12/05/2011 in the Amount of $505,958.51
Motion for approval made by Trustee Gaffino and seconded by Trustee Lambert. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes. Motion approved (6-0).

VILLAGE PRESIDENT REPORT – None
COMMITTEE REPORTS – None
TRUSTEE COMMENTS – None

ADMINISTRATOR’S REPORT
-Will be meeting with the FVPD regarding the IGA for the Interactive Stream.
-Discussed the business survey with the chamber. Received 18 surveys back.
-Village Hall renovation project is still on schedule.
-January 16th is the next Village Board meeting.
-FOIA training required of all members of the Village Board. Online test to be taken.

ATTORNEY’S REPORT – None
FIRE DISTRICT REPORT – None

DEPARTMENT REPORTS
A. FINANCE – None
B. COMMUNITY DEVELOPMENT – 106 inspections, 134 signs removed for right-of-ways, 28 grass complaints, 1 single family and 1 commercial permit.
C. POLICE – continuing with traffic campaigns/dui enforcements. Enforcements from October 14-31 resulted in 65 tickets and 3 DUI arrests. The department will be implementing honor guards. This group will be seen next year.
D. PUBLIC WORKS – Mike Glock said the Village is trying to get a grant for the Emerald Ashbore replacement of $10,000 for January.
E. WATER – None

ADJOURN TO EXECUTIVE SESSION
Motion made by Trustee Guethle and seconded by Trustee Gaffino to adjourn to Executive session. All in favor. Motion approved.

(return from Executive Session)

1. Approval of an Agreement Between the Metropolitan Alliance of Police and the Village of North Aurora covering North Aurora Police Officers from June 1, 2009 through May 31, 2012
Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Lambert – yes. Motion approved (6-0).

ADJOURNMENT
Motion to adjourn made by Trustee Faber and seconded by Trustee Guethle. All in favor. Motion approved.

Respectfully Submitted,

Lori J. Murray/Village Clerk

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