NORTH AURORA VILLAGE BOARD MEETING
VILLAGE BOARD MEETING MINUTES
Monday, December 18, 2023
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.
SILENT PRAYER – MEDITATION – PLEDGE OF ALLEGIANCE
Mayor Gaffino welcomed Cub Scout Pack 301 and Boy Scout Troop 104 to lead the Pledge of Allegiance
ROLL CALL
In attendance: Mayor Mark Gaffino, Trustee Jason Christiansen, 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 Nathan Darga, Village Attorney Kevin Drendel, Public Works Director Brian Richter, Police Chief Joe DeLeo.
PUBLIC HEARING-
Establishing Special Service Area #46-Mayor Gaffino opened the Public Hearing, there were no participants wishing to speak, the Mayor closed the Public Hearing.
Oak Hill Special Service Area-The Mayor opened the Public Hearing, there were no participants wishing to speak, the Public Hearing was closed.
AUDIENCE COMMENTS – none
CONSENT AGENDA
1. Village Board Minutes Dated 12/04/2023; Committee of the Whole Minutes Dated 12/04/2023
2. Bills List Dated 12/18/2023 in the Amount of $508,427.57
Motion for approval made by Trustee Guethle and seconded by Trustee Curtis. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes. Motion approved (6-0).
NEW BUSINESS
1. Approval of Resolution to Allow Use of Village of North Aurora Logo
Administrator Bosco explained that the Village had a non-for profit use policy on the Village’s logo and when it can be used. There was not currently a policy on businesses or individuals, in looking at the Village’s non-for profit policy, it can likely be amended to reflect the use of the logo for businesses as well, at a later date. The Village had a resident reach out with an interest in incorporating the Village’s logo in a t-shirt design with the sales benefitting KA.R.E (Kane Area Rehabilitation and Education for Wildlife.
Typically, a request would go before the Committee of the Whole before placement on the Village Board Meeting Agenda for approval, however with the next meeting scheduled for January 15, 2024, it was placed on the agenda for this evening’s meeting.
Trustee Salazar asked if the Village was going to request evidence that the funds made from the sales of the t-shirt were in fact donated to the non-for profit. Administrator Bosco stated that staff could contact the resident organizer to request that information.
Motion for approval made by Trustee Guethle and seconded by Trustee Niedzwiedz. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes. Motion approved (6-0).
2. Approval of an Ordinance Amending the North Aurora Code Section 5.08.350 By Decreasing The Number of Class D Liquor Licenses Authorized in the Village of North Aurora (Jay’s Wine and Liquors)
Jay’s Wine and Liquors on Butterfield was looking to change ownership. The Village historically has reduced the number of Liquor Licenses and then approve a new one for the new ownership.
Motion for approval made by Trustee Salazar and seconded by Trustee Lowery. Roll Call Vote: Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes. Motion approved (6-0).
3. Approval of an Ordinance Amending the North Aurora Code Section 5.08.350 By Increasing the Number of Class D Liquor Licenses Authorized In The Village of North Aurora (Jay’s Wine and Liquors)
Administrator Bosco explained that this would now be reestablishing the license to make available for Jay’s Wine and Liquors.
Motion for approval made by Trustee Lowery and seconded by Trustee Curtis. Roll Call Vote: Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes, Trustee Guethle – yes. Motion approved (6-0).
4. Approval of Ordinance Levying the Taxes for the Oak Hill Special Service Area #7 for the Fiscal Year Beginning June 1, 2023 and Ending May 31, 2024
Trustee Niedzwiedz recused himself from this agenda item, departing the Board room at 7:08pm.
Finance Director Jason Paprocki reminded the Board that at the previous Board meeting the Village Board approved all of the Special Service Area Levies except for this one. Staff held off on this particular levy because they were waiting on information on the pond improvements that are needed in the subdivision for the erosion control. In addition, staff learned that the HOA might be in the process of dissolving. Staff decided to wait in order to determine what would be an appropriate amount to levy. Because the Village was proposing more than a 5% increase, a Public Hearing was held earlier in the meeting. The $10,000 that had been levied last year, was being requested again along with an additional $15,000 for common area maintenance. The $15,000 was believed to be consistent with what residents were currently paying in HOA dues.
If this were approved, staff would reach out to the management company to inform them that the Village had established the Levy to prevent the management company from also charging residents of the subdivision dues. If the HOA does not dissolve, the funds would be collected for future pond maintenance.
Motion for approval made by Trustee Guethle and seconded by Trustee Christiansen. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes. Motion approved (5-0).
Trustee Niedzwiedz returned to the Board room at 7:09
5. Approval of an Ordinance Establishing Special Service Area No. 46 (840 Ice Cream Drive Development) In the Village of North Aurora
Community & Economic Development Director Nathan Darga stated that as part of the approval process, an SSA is established in case the private property owners fail to maintain the pond. Darga stated that at the previous Village Board meeting, the Village began the process with the passing of the ordinance. Earlier in this Board Meeting, a Public Hearing was held. This will be the final vote to establish the SSA.
Motion for approval made by Trustee Lowery and seconded by Trustee Salazar. Roll Call Vote: Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes, Trustee Guethle – yes. Motion approved (6-0).
6. Approval of Resolution to Approve Revisions to the Human Resources Manual for the Village of North Aurora
Director Paprocki stated that this agenda item was to approve the HR manual in order to comply with the Illinois Paid Leave for All Workers Act, which would be in effect on January 1, 2024.
Section 5.4 of the policy related to vacation leave, the word “vacation” was changed to “paid time off”. Language was added to establish that part-time employees were now eligible to accrue up to 40 hours PTO a year at a rate of one hour for every 40 hours worked. A statement was added to state that the policy had been updated to credit the time off the employees were allowed under the act that would be implemented on January 1, 2024.
Motion for approval made by Trustee Salazar and seconded by Trustee Niedzwiedz. Roll Call Vote: Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes. Motion approved (6-0).
7. A Resolution Initiating the Submission of a Public Question to Increase the Village’s Existing Local Municipal Sales Tax From ½% to a Rate of 1% to the Voters of the Village of North Aurora
Director Paprocki stated that this agenda item was in regard to approval of an updated question for the non-home rule sales tax referendum. There was a question approved during the last Village Board meeting, based on the feedback from the Board, staff re-approached the question, rearranging the language in it to make it more direct. The updated question reads “For the purpose of expenditures on public improvements and infrastructure, expenditures on municipal operations, and/or for the property tax relief, shall the Village of North Aurora increase its Non-Home Rule Municipal Retailers’ Occupation Tax and Non-Home Rule Municipal Service Occupation Tax (i.e., local municipal sales tax) from 0.5% to a rate of 1.0%?” The IDOR approved this form of the question. If the Village Board liked this form of the question better, it would be approved and filed with the County.
Motion for approval made by Trustee Curtis and seconded by Trustee Lowery. Roll Call Vote: Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Motion approved (6-0).
8. Approval to Enter into Agreement for Route 31 ROW Acquisition Services with Santacruz Land Acquisitions in the Amount of $26,700.00
Public Works Director Brian Richter stated that the Village was currently designing the widening of Airport Road at Route 31. The Village is now at the point of the design and permitting process where the extent of additional right-of-way has been determined to make the necessary improvements to the intersection. The Village requested proposals from two firms. This had been budgeted in the TIF fund. Staff reviewed the proposal prepared by Santacruz Land Acquisitions, it was determined they would fit the scope. Staff was recommending to enter into an agreement with them in the amount of $26,700.
Motion for approval made by Trustee Niedzwiedz and seconded by Trustee Salazar. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes. Motion approved (6-0).
9. Approval to Award Bid for Tanner/Remington Outfall Conveyance Project to Performance Construction & Engineering, LLC in the amount of $2,387,878.00
Director Richter stated that this agenda item related to the Tanner Trails storm sewer conveyance project. He said that the project began in 2019 with a storm sewer collapse in that area. WBK was hired in 2020 to engineer options. It was presented to the Committee of the Whole and it was determined that replacing the whole thing was a feasible option. In 2021 WBK engineered and designed it, it went out to bid this year and came back higher than anticipated. The Village received six bids, the lowest bid being $2,387,878.00. It was determined that this company made an error in their bid. Richter stated that the first step in the process of rectifying this would be to approve the award of the bid to Performance Construction & Engineering and then the next agenda item would be the next step in the process.
Motion for approval made by Trustee Guethle and seconded by Trustee Christiansen. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes. Motion approved (6-0).
10. Approval of Settlement Agreement and Reformation of the Contract with Performance Construction & Engineering, LLC for Tanner/Remington Outfall Conveyance Project Amending the Award Amount to $2,880,878.00
Attorney Drendel stated that this agenda item was a follow-up to the previous agenda item. He reminded the Board that the low bidder for the Tanner/Remington Outfall Conveyance Project indicated that he had made a mistake in his bid. Drendel stated that it was not a mistake that the Village would have caught, it did not stand out as something noticeably wrong. The Village had options like going to the second lowest bidder or call on the bid bond which is supposed to be there to make up the difference if the lowest bidder cannot perform the contract. However, the bid bond would be grossly insufficient to cover the difference because there was such a big gap between the low bidder and the second lowest bidder. Drendel also stated that the Village could litigate over the situation, but then the Village would be putting the outcome into the hands of a third party judge who may or may not see things the way the Village does. He said that it would behoove all parties to enter into a settlement agreement like the one currently negotiated with the low bidder. The settlement was an increase over what the low bid was but it was still substantially lower than what going to the second low bidder would be. Attorney Drendel stated that he felt it was a fair settlement for all parties.
Trustee Curtis asked if there was a way to avoid this circumstance from happening again. Drendel explained why this was an unusual circumstance. There was further discussion regarding this.
Motion for approval made by Trustee Guethle and seconded by Trustee Lowery. Roll Call Vote: Trustee Guethle – yes, Trustee Lowery – yes, Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes. Motion approved (6-0).
11. Approval of Supplemental Agreement for Public Works Facility Expansion Civil Engineering Study with WBK Engineering, LLC in the Amount of $68,897.00
Director Richter stated that in May of 2021 the Village contracted with WBK for civil engineering to design the expansion of the Public Works Facility. Since then, the scope of the project had significantly changed. WBK had started to perform additional services during the schematic design and now they are called upon to do additional permitting, surveying, preparation of property plats, exhibits and everything else associated with the agreement. The supplemental agreement was to be in the amount of $68,897.00, this was in addition to the original agreement of $91,945.00.
Motion for approval made by Trustee Niedzwiedz and seconded by Trustee Guethle. Roll Call Vote: Trustee Niedzwiedz – yes, Trustee Salazar – yes, Trustee Christiansen – yes, Trustee Curtis –yes, Trustee Guethle – yes, Trustee Lowery – yes. Motion approved (6-0).
VILLAGE PRESIDENT – Mayor Gaffino wished everyone happy holidays.
TRUSTEES COMMENTS – Trustee Salazar thanked Public Works for all of the efforts in to making Riverfront Park so beautiful for the holidays.
ADMINISTRATOR’S REPORT – None
ATTORNEY’S REPORT – None
VILLAGE DEPARTMENT REPORTS
1. Finance – None
2. Community Development – None
3. Police – Police Chief DeLeo stated that he would be heading to Champagne for the graduation of Joshua Campbell, the department’s newest officer and resident of the Village.
4. Public Works – None
ADJOURNMENT
Motion to adjourn was made by Trustee Guethle and seconded by Trustee Niedzwiedz. All in favor. Motion approved.
Respectfully Submitted,
Jessi Watkins
Village Clerk
