VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING MINUTES
Monday, February 7, 2022
Due to the COVID-19 pandemic, the Village Board meeting was conducted live remotely
via telecommunications.
CALL TO ORDER
Mayor Gaffino called the meeting to order.
ROLL CALL
In attendance: Mayor Mark Gaffino, Trustee Mark Carroll, Trustee Laura Curtis, Trustee Mark Guethle, Trustee Todd Niedzwiedz, Trustee Carolyn Salazar
Staff in attendance: Village Administrator Steve Bosco, Community & Economic Development Director Mike Toth, Village Planner David Hansen, Village Attorney Kevin Drendel, Public Works Director John Laskowski, Police Chief Dave Fisher.
AUDIENCE COMMENTS –
Resident Geno Dobelman of 1417 Fieldside Lane, North Aurora addressed the Board about a residential home located behind him that rents the home out via Airbnb. He stated that the rental of the home has caused much disturbance in the neighborhood. He questioned what the Village could do to regulate residential home rentals within North Aurora. Administrator Bosco explained that item two on the agenda would be addressing this issue and whether the Village Board would like to regulate residential rentals. He also explained that the Village of North Aurora is a non-home rule town which poses challenges in creating regulations.
Resident Michael Millen of 1409 Fieldside Lane, North Aurora also spoke about the residential home in Oak Hill subdivision that is rented via Airbnb. He stated that on June 15, 2021 he was at home when a person that had attended a party at the rented the AirBNB the night before approached his home and accused Mr. Millen of taking his phone. Mr. Millen explained that this interaction caused him concern for the safety of his family.
Resident Ken Sheppard of 68 White Oak Drive, North Aurora addressed the Board about his concerns with the Airbnb rental within the Oak Hill subdivision. Mr. Sheppard lives directly next to the residential home that is rented out. He offered surveillance video taken from a security camera on January 30 and 31, 2022 of a party held at the rental home. He stated that there were people outdoors making noise throughout the night as well as wandering on his property. Mr. Sheppard stated that he addressed his concerns with the Airbnb website, they have since expressed support of the homeowner.
Trustee Curtis asked whether or not anyone had tried to address the homeowner in regard to the problems that arise with the rental of the home. Mr. Dobelman stated that yes, the homeowner had been spoken with, however he suggested she had been dismissive of their concerns. Trustee Niedzwiedz, who also sits on the Oak Hill Homeowners’ Association Board, supported Mr. Dobelman’s statements explaining that the homeowner is non responsive to HOA requests and concerns.
TRUSTEE COMMENTS- None
DISCUSSION
1. Electric Purchase for Water Facilities and Wells
Administrator Bosco explained that the Village of North Aurora currently has a three year contract due to expire in May 2022 with Constellation New Energy, Inc. for the Village’s water facilities and well sites. The Village works with NIMEC (Northern Illinois Municipal Electric Collaborative) to bid out energy options. If the Village did not go through a bid process, it would be billed at a ComEd rate which is typically a higher rate. The Village is considering both regular and green energy options, in which green energy is historically around a few tenths of a cent more expensive than regular energy pricing.
Administrator Bosco stated that staff was looking to the Board for discussion and feedback on whether or not they were comfortable with the NIMEC bidding process as well as a decision on whether or not to proceed with green energy over regular. He gave the pricing example that mid-January anticipated pricing for standard was 5.5 cents per kWh and 5.8 cents per kWh for green which is slightly more expensive but still under the ComEd rate.
Trustee Curtis asked if this would be for a one year agreement, Administrator Bosco stated that NIMEC will provide rates for one, two and three year terms although traditionally the rates are better with the longer term contracts. Trustee Curtis expressed concerns about locking the Village in to a longer three year contract with the current economic climate, rates may drop at some point before the contract expires.
David Hoover with NIMEC was present, he stated that currently rates are higher however he foresees rates dropping more in line with historical levels within the next year or two.
Trustee Salazar asked what the Village anticipate in terms of a price difference between the two energies based on previous years’ costs. Mr. Hoover stated that it is approximately three tenths of a cent more for green energy, about $18,850 more than previous annual costs.
Trustee Carroll questioned the probability of the rates actually coming back down within the next year or two which prompted a discussion on what length of contract would be in the best interest of the Village. Administrator Bosco stated that until the Village sees the bids, it’s difficult to determine which length of contract would be the best option. The bids are good for 24 hours, the resolution authorizes the Village Administrator to execute bid contracts the day bids are received.
There was discussion on the meaning of “green energy” verses regular. The same energy is distributed regardless of what the Village is contracted for, the purchase of “green energy” is buying in to a green program to support the green energy movement.
The Board was in agreement to purchase green energy and will further discuss the length of contract term based on additional information provided by staff.
2. Short Term Rentals 1:08
Director Bosco began by stated that staff has done basic research in regard to short term rentals in surrounding communities. He stated that the discussion on the agenda, whether or not to regulate or eliminate the ability for a residential homeowner to offer short term rentals, would be a foundation for ongoing discussions.
Village Planner David Hansen explained that currently there is not a definition in the Village code for short term rentals in residential areas. For discussion purposes the definition that was used was “a short term rental can be described as the occupation of a residential dwelling unit that is used as a primary residence, where the dwelling unit is either wholly or partially rented for short period of time (usually less than thirty (30) days at a time) to transients or temporary guests”. Hansen stated that the Village of North Aurora is a non-home rule community and must rely on policing and code enforcement to maintain and enforce. In 2021 staff reached out to surrounding municipalities to inquire about their regulatory status of residential short term rentals. Feedback was given by Batavia, Geneva, Montgomery, Oswego, South Elgin, Sugar Grove and Yorkville. Batavia regulates and license short term rentals as a bed and breakfast. Sugar Grove considers short term rentals as a hotel and are not permitted in residential zoning districts. North Aurora currently prohibits hotels/motels in residential zoning districts and bed and breakfasts in single family zoning districts. There was nothing in the current North Aurora code defining short term rentals.
Community & Economic Development Director Toth stated that the ordinance was written ten years ago before short term rentals (Airbnb/VRBO) were a popular travel option. He said that if the Village Board wanted to pursue regulating short term rentals, a definition would have to be added to the Village Code before additional regulations could be implemented. The current code does have definitions for a dwelling (that excludes hotels/motels/bed and breakfasts) bed and breakfast and hotels which does leave room for interpretation however clarification needs to be made in order to uphold non-home rule authority and capabilities.
Trustee Salazar asked if the code were to be changed, would the current short term rental properties be grandfathered in and be unaffected by the changes. Attorney Drendel spoke about possible alternatives the Village might pursue in order to enforce restrictions. The question will need to be explored further.
Administrator Bosco reiterated the question to the Board, whether or not they would like to allow short term rentals with regulations or not allow short term rentals at all. He also commented on the idea of regulating short term rentals through nuisance laws, stating that they may be hard to enforce due to individual discretion of officers responding. He stated that it is important to be clear and enforceable in regard to regulations, otherwise the Village may be in the same situation in the future. Attorney Drendel added that a nuisance complaint must rely on residents to report, police cannot initiate the complaint.
Trustee Carroll stated that he would like to see code prohibiting short term rentals but would also like to see the Village explore nuisance regulations in order to bolster the Village’s position in problems that may arise in the future.
The Board and Staff engaged in conversation about possible solutions that may address the current situation with one specific short term rental home that has received multiple complaints.
The consensus of the Board was to move to prohibit short term rentals and look in to solidifying nuisance regulations. The Board requested that the staff reach out to the owner of the short term rental receiving complaints in an attempt to address the issue directly with her.
EXECUTIVE SESSION – Personnel
ADJOURNMENT TO EXECUTIVE SESSION
Motion to adjourn made by Trustee Guethle and seconded by Trustee Salazar. All in favor. Motion approved.
CALL TO ORDER AFTER EXECUTIVE SESSION
Mayor Gaffino called the meeting to order.
ROLL CALL
In attendance: Mayor Mark Gaffino, Trustee Mark Carroll, Trustee Laura Curtis, Trustee Mark Guethle, Trustee Todd Niedzwiedz, Trustee Carolyn Salazar
Staff in attendance: Village Administrator Steve Bosco, Village Attorney Kevin Drendel.
ADJOURNMENT
Motion to adjourn made by Trustee Guethle and seconded by Trustee Curtis. All in favor. Motion approved.
Respectfully Submitted,
Jessi Watkins
Village Clerk
