VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING MINUTES
Monday, March 21, 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 Mike Lowery, Trustee Todd Niedzwiedz, Trustee Carolyn Salazar
Staff in attendance: Village Administrator Steve Bosco, Finance Director Jason Paprocki, Community & Economic Development Director Mike Toth, Village Attorney Kevin Drendel, Public Works Director John Laskowski, Village Engineer Brandon Tonarelli, Police Chief Dave Fisher.
AUDIENCE COMMENTS – See below
TRUSTEE COMMENTS – None
DISCUSSION
1. Short Term Rentals-
Administrator Bosco reminded the Board that a discussion in regard to the Village’s current authority to regulate short term rentals was had at the Committee of the Whole meeting on February 7, 2022 with the staff given direction to look in to regulations or banning short term rentals.
Attorney Drendel explained that the Village as a non-home rule entity does not have authority to license and regulate the business of short-term rentals. However, the Village has authority to enforce general ordinances and code provisions it has adopted. Another option to address the situation is with nuisance laws. Attorney Drendel stated that determining nuisance is a facts and circumstance analysis, there is no definitive measurement of a nuisance.
The Village Code does not address short term rentals, the closest related definition is for bed and breakfast, which the short term rental does not meet. However the Village code does state, in regard to residential districts that “A blank space or the absence of a use from the table indicates that use is not permitted within that district”. Drendel stated that there is a “catch all” provision in the zoning code that if the use had not been addressed at all in the zoning code, it will be allowed in an I-2 zoning district.
Attorney Drendel stated that analysis was done on whether or not short term rentals might be considered a residential use consistent with the provisions for residential uses in the zoning code and determined that they are not. Drendel cited multiple cases that found short term rentals to be a commercial use and stated that the City of Chicago regulates them as commercial uses similar to hotels.
Attorney Drendel also found short term rentals to not fall into the category of “home occupations” as defined in the Code, which prohibits customers between the hours of 9pm and 8am.
Attorney Drendel stated that per the Village’s Code, short term rentals are currently only classified as a special use in the I-2 Industrial District.
Staff recommends that the Village define short term rentals regardless of what the Board decides to do in regard to zoning.
There was discussion clarifying the Village’s position with the code as it stands, what length of time constitutes a short term rental as well as short term rental versus a bed and breakfast.
The Village Board was in agreement that short term rentals should be banned in residential areas. The Village will move forward with addressing the current short term rental homes within the Village citing current Village Code. The Village Board agreed to discussion of clarification of definitions related to this topic in the Village Code at a later date.
2. Budget Overview Presentation
Administrator Bosco spoke about the purpose of the presentation of the budget overview. He also expressed gratitude for Accounting and Finance Manager Mandy Flatt’s efforts in creating the budget in the absence of a Finance Director.
Finance Director Jason Paprocki led the Board through the Budget Overview.
General Fund Major Revenues make up 80-90% of total General Fund revenues historically. The fiscal year 2022-2023 revenues are projected to be strong but not at current fiscal year 2021-2022 levels.
Personnel makes up about 75% of the General Fund budget. There are new positions under consideration; Human resource generalist, Civil engineer, Information Technology Assistant (PT), Police Records Specialist (PT to FT).
Other expenses expected to incur from the General Fund include a Village tree inventory, bridge repairs, update of Village’s comprehensive plan, an increase in budget for a contracted police social worker, technology improvements, full funding of vehicle and equipment fund transfers, transfers to Capital Projects Fund projected up to $600,000.
Capital Budget projects include the 2022 Annual Road Program, Chestnut, Locust, Spruce road improvements, Public works facility site analysis, Public works facility architectural design and Riverfront park improvements.
United TIF Fund projects include Route 31/Airport Road sidewalk connections as well as to be determined initiatives.
There are no change to water rates proposed for fiscal year 2022-2023. There is an increase of $118,800 in electricity costs expected due to the new energy agreement.
Planned Capital improvements budgeted for the water tower $160,000 for engineering and $4,400,000 for construction, improvements to Well #5 $865,000, improvements to Well #6 $235,000, East Treatment Plant transfer switch $43,000 and Chestnut, Locust, Spruce water main replacement $550,000.
Vehicle and Equipment Fund budgeted for new vehicles planned 3 police ford explorers, Public Works Ford Explorer, Public Works 5-yard dump truck, Public Works Ford F-350 and Public Works Bucket Truck. In addition major equipment planned for purchase are Police body cameras, upgrade facility access security system, leaf machine and leaf box, document management system and network activity monitoring intrusion.
Other Considerations for the fiscal year 22-23 budget are General fund transfer to Capital Projects Fund FY’21-22, Police Department Administrative Assistant position, Planned use of ARPA funds ($2,457,281 total), Determine funding sources for future capital projects, Future water rate analysis.
The Official FY 2022-2023 Draft Budget will go before the Committee of the Whole for discussion on April 4, 2022 with additional budget discussion on Cow April 18, 2022 if needed. The Official Public Hearing will be on April 18, 2022 with Board Approval of Final FY 2022-23 Budget on May 2, 2022.
Trustee Lowery asked if additional positions were funded by increased revenue. Administrator Bosco explained that the redistribution of tasks to new positions within Village Staff frees up others to continue their tasks rather than taking on additional responsibilities inappropriate to their roles. He also stated that the addition of certain positions have offset the costs that would have been incurred by outsourcing certain jobs. Mayor Gaffino added that the addition of an engineer has saved the Village money.
EXECUTIVE SESSION – None
ADJOURNMENT
Motion to adjourn made by Trustee Guethle and seconded by Trustee Carroll. All in favor. Motion approved.
Respectfully Submitted,
Jessi Watkins
Village Clerk
