2-27-06

THE VILLAGE OF HAWTHORN WOODS

VILLAGE BOARD MEETING MINUTES

FEBRUARY 27, 2006

7:30 P.M.

I.&n= bsp; = ; CALL TO ORDER AND ROLL CALL

The regular meeting of the = Village Board was called to order by Mayor Hunt at 7:35 p.m. in the Village Hall, <= st1:Street w:st=3D"on">2 Lagoon Drive, Hawthorn Woods, IL.

II.&= nbsp; &nbs= p; PLEDGE= OF ALLEGIANCE

III.= OATH OF OFFICE

A. = ; Oath of Office – Dennis G. Sears, Jr. – Police Officer

Mayor Hunt administered the Oath of Office to Dennis G. Sears, Jr. and welcomed him to= the Village.

= ;

IV. CONSENT AGENDA

A. Minutes of Regular Meeting – January 30, 2006

B.&n= bsp; Changes to checks written in January 2006 changing = the total January 2006 expenditures as follows: New General Fund totals $232,777.93; New Park Fund totals $2,042.50; New SSA #1 Fund totals $15,061= .26; New SSA #1 Debt Service Fund totals $588.50; New SSA #2 Fund totals $15,061= .27; New SSA #2 Debt Service Fund totals $588.50; New SSA #3 Fund totals $15,061= .27; New SSA #3 Debt Service Fund totals $588.50; New Police Pension totals $2,744.00 and All Funds equal $284,513.73.

C.&n= bsp; Bills Payable dated February 22, 2006

D.<= span style=3D'font:7.0pt "Times New Roman"'> Expenditure Report dated February 2= 1, 2006

E.<= span style=3D'font:7.0pt "Times New Roman"'> Revenue Report dated February 21, 2= 006

F.&n= bsp; Treasurer's Report month ending January 31, = 2006

G.&n= bsp; Consideration Of A Request For The Approval = Of A Final Plat – Countryside Meadows

H.<= span style=3D'font:7.0pt "Times New Roman"'> An Ordinance Consenting To The Vill= age Of Port Barrington As Additional Member Of The Solid Waste Agency Of Lake Coun= ty, Illinois (SWALCO) With No Late Fees

I.<= span style=3D'font:7.0pt "Times New Roman"'> =

J.<= span style=3D'font:7.0pt "Times New Roman"'> = A Resolution Authorizing The Mayor = And Village Clerk To Enter Into An Agreement With GRO Horticultural Enterprises, Inc.

= K. A Resolution Authorizing The Execution Of A Contract With Peter Baker & S= on Co. – SSA #1 Roadwork

= L. A Resolution Authorizing The Execution Of A Contract With Peter Baker & S= on Co. – SSA #2 Roadwork

= M. A Resolution Authorizing The Execut= ion Of A Contract With Peter Baker & Son Co. – SSA #3 Roadwork

= N. A Resolution Authorizing The Execution Of A Contract With Peter Baker & S= on Col – SSA #3 MFT

= O. A Resolution Waiving The Competitive Bidding Process And Authorizing The Mayo= r To Enter Into A Contract For Installation Of Landscaping – SSA #1 Landscaping

= P. A Resolution Waiving The Competitive Bidding Process And Authorizing The Mayo= r To Enter Into A Contract For Installation Of Landscaping – SSA #2 Landscaping

= Q. A Resolution Waiving The Competitive Bidding Process And Authorizing The Mayo= r To Enter Into A Contract For Installation Of Landscaping – SSA #3 Landscaping

= R. A Resolution Waiving The Competitive Bidding Process And Authorizing The Mayo= r To Enter Into A Contract For Installation Of SSA #2 Choker

Motion by = Gehrke, seconded by Silvers to approve the Consent Agenda.

= ;

Voice Vote= :

AYES: &= nbsp; &nbs= p; 6

NAYS: &= nbsp; &= nbsp; 0

Absent: &= nbsp; &= nbsp; 0

Present (Or Abstain) 0

Motion Car= ried.

IV. = OPPORTUNITY FOR = THE PUBLIC TO ADDRESS THE BOARD

Sandy Stephen, 142 Glen Road, reported that she is in support of the petition that was submitted by Kathl= een Cooper to run a licensed day care facility out of her home. She noted that Mrs. Cooper is a responsible individual and respective of her neighbors. Ms. Stephen stated that this is a neighborhood of families with young children and on any given day there wil= l be at least twelve children in back yards playing. The lots are 1-acre and there is no intrusiveness. Ms. Stephen expressed her frustration over the possibility of one neighbor objecting to this wonderful opportunity for the community and because of that, Mrs. Coop= er’s opportunity to move forward with her business could be halted. She recommended that the Board of Trustees approve this request for a day care center.

VI. PRESENTATION

= A. Annual Financial Report – Fiscal Year Ending April 30, 2005 – Sikich Gardner

Mr. Brian LeFevre, Sikich = Gardner, was present and discussed the audit for Fiscal Year ending April 30, 2005.<= span style=3D'mso-spacerun:yes'> He explained that since the Villag= e has implemented GASB 34, the financial reports will look different than in the past. Mr. LeFevre reported th= at he has reviewed and performed an unqualified audit opinion and he commends the Village. He stated that he believes the audit went very sm= oothly and he was complimentary of the Village staff for their assistance.

Administrator Krischke com= mented that he believes Sikich Gardner has done an excellent job in preparing the audit, given the many difficulties that were experienced with the audit for= the previous year.

Mayor Hunt questioned whet= her Sikich Gardner had a chance to review the audit for the previous year.

Mr. LeFevre responded that= they were not requested to report on the following year. He reported that they did make sur= e that the balances from last year were stable.&n= bsp; Mr. LeFevre stated that the balances from last year’s audit we= re not acceptable; but they have since been corrected.

Mayor Hunt provided some h= istory on the previous year’s audit. It has been suggested that the Village use the $2500 that was origin= ally part of the previous auditor’s bill, to pay Sikich Gardner for correc= ting those errors.

Trustee Lynch questioned w= hether the recommendations from last year’s audit had been corrected.

Mr. LeFevre responded that= the recommendations were reviewed and were taken into consideration. He noted that in subsequent audits= , they will follow up with the status.

Trustee Weick questioned w= hether Item 5, Revenue Procedures, under “Recommendations for Improvement”, making copies of checks that are received for donations= and permits could be done in electronic copy.

Mr. LeFevre responded that= digital copies would be fine.

Trustee Riess questioned w= hether the Village would be working with an operational audit.

Mr. LeFevre responded that= this is starting to occur on a selective basis.&nb= sp; This is typically called performance measures and this current trend= is not statutory.

Motion by Silvers, seconde= d by Lynch to approve the FY 2004 year end audit as amended and corrected.

Voice Vote= :

AYES: &= nbsp; &nbs= p; 6

NAYS: &= nbsp; &= nbsp; 0

Absent: &= nbsp; &= nbsp; 0

Present (Or Abstain) 0

Motion Car= ried.

Motion by Silvers, seconde= d by Lynch to approve the FY 2005 year end audit as presented.

Voice Vote= :

AYES: &= nbsp; &nbs= p; 6

NAYS: &= nbsp; &= nbsp; 0

Absent: &= nbsp; &= nbsp; 0

Present (Or Abstain) 0

Motion Car= ried.

= ;

Motion by = Lynch, seconded by Gehrke to pay the prior auditor the base amount of the contract= , less the $2500 charged by Sikich Gardner to correct the errors on the FY 2004 au= dit.

Roll Call = Vote:

AYES: &= nbsp; &nbs= p; Weick

NAYS: &= nbsp; &= nbsp; Riess, Silvers, Lynch, Gehrke, Wright

Absent: &= nbsp; &= nbsp; 0

Present (Or Abstain) 0

Motion Fai= led.

= ;

It was the consensus of the Board that the previous auditor for FY 2004 not be paid.

VII. REPORTS BY VILLAGE OFFICIALS

A. Comments by Village Board Members

1. Plan Commission Appointment

Motion by Silvers, seconded by Gehrke to appoint John Kosik to the Plan Commission.

&nbs= p;

Voice Vote= :

AYES: &= nbsp; &nbs= p; 6

NAYS: &= nbsp; &= nbsp; 0

Absent: &= nbsp; &= nbsp; 0

Present (Or Abstain) 0

Motion Car= ried.

= 2. Prate Property – Community Sewer Request

Mayor Hunt submitted backg= round information on the proposed development located on the 10-acre parcel, Milt= on Road, Fremont township, ¼ mile north of Old McHenry Road. He stated that the proposal would include annexation into the village as a planned unit development, consisti= ng of eight single family lots ranging in size from 25,800 to 45,000 square fe= et. He also noted that a planned commu= nity septic system would service the sites, maintained by a proposed homeowners association.

Mayor Hunt stated that he doesn’t see any reason to deviate from the R-1 density zoning. He requested Engineer Christopher = Burke to comment on the community septic system.

Engineer Burke stated that= a sanitary septic system generally does not get the maintenance and cleaning = that is required when it is owned by a group of people. His recommendation to the Board wa= s to not allow a community septic system.

It was the consensus of th= e Board to not permit the use of a community septic system in the proposed developm= ent.

B. Comments by Village Administrator

1. 25995 N. Rand Road, Hawthorn Woods, Illinois – Wiejaczka Law Practice<= /p>

Administrator Krischke in= troduced Michelle Wiejaczka, who has a contract to purchase the property located at = 25995 N. Rand Road.

Ms. Wiejaczka explained t= hat the property is currently zoned O-1, Office Business District. She gave some historical informati= on on this property and stated that she would be moving her law office to this address as soon as the remodeling is completed.

The Village Board express= ed general agreement with the planned improvements as long as they meet all co= de and zoning requirements.

Discussions were held reg= arding the five-digit address and it was explained that when the property was annexed = into the Village in approximately 1999, the address was not changed to reflect Hawthorn Woods addressing.

Mayor Hunt requested that= the Village Clerk look into changing the address to reflect a Hawthorn Woods address.

C. Comments by Village Engineer

1. 2005 SSA Project Status Update

Engineer Christopher Burke reported that all that remains from this year’s pro= gram are minor punch list items.

2. 2006 SSA Project Status

Engineer Burke reported t= hat bids were received for the 2006 – 2007 road projects and they were very competitive. He noted that the landscaping and choker work would begin as soon as the weather changes.

3. Kemper Off-Site Water Main Extension Progress Report

&nbs= p; &= nbsp; Engineer Christopher Burke reported that they are making progress on this project.

4. Hawthorn Woods Country Club Construction Progress Report

Engineer Christopher Burke is continuing to monitor the progress and will return to = next month’s meeting to discuss various issues.

5. Schwerman Road Construction Project

Engineer Christopher Burke reported that construction would commence this spring aft= er school is out.

6. District 95 Off-Site Water and Sewer Report

Engineer Christopher Burke reported that progress was moving forward and there would= be a follow-up by next month’s meeting.

7. Heritage Oaks Park Construction Progress Report

Engineer Christopher Burke reported that a pre-construction meeting was held on Febr= uary 14^th and he would provide a full report at next month’s meeting.

8. Northern Planning – Aqua

None this month. A report will be forth= coming at next month’s meeting.

9. Sewer – Midlothian Road Corridor – Financing

Engineer Christopher Burke reported that he would be providing cost projections at n= ext month’s meeting.

May= or Hunt gave a brief history of the parcel located on the southwest corner of Gilmer and Rand (formerly the Taubman property).&= nbsp; He reported that it has come to his attention that the dumping on th= at site has included fill from other locations other than the Route 22 bypass project. He noted that the ow= ner was only given permission to use the fill from the Route 22 bypass project.= He asked Engineer Christopher Burk= e to get a written affidavit from Toll Brothers that none of the peat that is on= the Heritage Oaks property ends up in the Taubman site.

= D. = Comments by Chief of Police

1. &n= bsp; Chief’s Report

Chi= ef Paulus stated that a copy of her chief’s report was in the trustee packet. She reported that the= mailbox vandals have been apprehended and are now doing community service.

Chi= ef Paulus reported that Records Clerk Donna Byrne had resigned and she is currently in the interview process for her replacement.

VII= I. =

A. = ; Parks and Recreation

None this month.

= B. = Environmental Committee

None this month.

= C. = Zoning Board of Appeals

None this month.

= D. = Plan Commission

1.&n= bsp; Consideration of a Day Care Center – Kathleen Cooper, 138 Glen Road

= Mayor Hunt stated that Kathleen Cooper, owner of a single family home located at 138 Glen Road, has submitted a request for a special use permit for a day-care center. The proposed facility would serve = up to eight children under the age of 5, of which up to 5 children may be u= nder 24 months of age, and 4 additional children who are attending school full-t= ime (before and after school care). The proposed hours of operation are 7:00 a.m. to 7:00 p.m. The property is zoned R-1.

= Kathleen Cooper, 138 Glen Road<= /st1:address>, gave background information on her proposed day care center. She reported that she was excited = to be able to provide a service like this to her community. Ms. Cooper explained that the noise level would be minimal, due to the age of the children.

= Trustee Riess questioned whether DCFS would grant her the ability to have more children.

= Ms. Cooper responded that she wouldn’t be able to have any more children = in her home; she would need a dedicated facility.

= Mayor Hunt questioned whether it was a DCFS idea or self-imposed condition that h= er children be included in the count.

= Ms. Cooper responded that it was a DCFS requirement.

= Trustee Silvers expressed his concerns regarding the day care being placed in the m= iddle of a neighborhood residential area, plus the additional amount of vehicle traffic generated from this business.

= Mayor Hunt questioned the daily schedule as written in her business plan. It states there is ½ hours outside in the morning and 1 hour in the afternoon. He asked if these same hours were a realistic representation when the weather is nice outside in the summer mon= ths.

= Ms. Cooper explained that with this age of children, those hours would remain t= he same; they would not be extended during June, July and August. Ms. Cooper also stated that her ho= urs of operation would be 7:00 a.m. – 7:00 p.m. and they are in compliance w= ith the Village Code. It was also= noted that not everyone will be leaving and arriving at the same time.

= David Brown, 140 Glen, stated that he lived next door to the Coopers. He explained that he had three chi= ldren and many times his children stay with Ms. Cooper. He stated that he supports allowin= g this day care in the Village. He believes that the added noise level in the neighborhood will be negligible = with what is already there.

= Barbara Henkel, 31 Lynn Drive<= /st1:address>, voiced her objection to the day care because it is being placed in the midd= le of a quiet neighborhood. She = also expressed her concerns with regard to the additional traffic a business of = this type would generate. Ms. Henkel also expressed her concern over the Village changing the ordinances = for new residents; these ordinances were made with a lot of thought, and for go= od reasons.

&= nbsp; Motion by Gehrke, seconded by Silvers to table this issue until further review by = the Mayor, Trustees and Staff, until the March 20, 2006 meeting.

Roll Call = Vote:

AYES: &= nbsp; &nbs= p; Riess, Gehrke, Weick (Mayor Hunt voted to break the tie)

NAYS: &= nbsp; &= nbsp; Silvers, Lynch, Wright

Absent: &= nbsp; &= nbsp; 0

Present (O= r Abstain) 0

Motion Fai= led.

= ;

Mayor Hunt requested that staff look into the life safety issues and what the requirem= ents are for DCFS. He also asked s= taff to gather historical information in the form of minutes, etc. from previous meetings where discussions were held regarding day care centers.

2. Consideration Of A Request F= or Approval Of A Concept Plan – Owl Haven Farms

Administrat= or Jim Krischke reported that this has been to the Plan Commission twice. The site consists of two areas of residential development separated by an area of wetland. The property is currently in unincorporated Lake County and the owner/developer has submitted the necessary applications for annexation. Administrator Krischke introduced = Mr. Mark Eiden, the project’s attorney, who is here to answer any questio= ns the Mayor or Village Board might have.

Mr. Mark Ei= den gave some background information on access complications in the site. He stated that he had spoken with = Mr. and Mrs. Joe Jenkins regarding the access on Bittersweet Lane and he reported th= at they are not interested in seeing access through that area. Mr. Eiden is submitting a revised concept plan showing the following revisions:

· Access road has been removed and a retention pond put in its place

· The flag lot on the west side and removed detention from the steep sloped area

· Move the access to the property to the south side of the property off of Fairfield Road. He explained that this would have a minimal intrusion into the environmental entrance into the property and it does not provide any nuisan= ce to any surrounding property owner.

Engineer Christophe= r Burke commented that with the access to the property on the south side, it would impact the wetland and buffer on the south end as part of the roadway const= ruction.

Mayor Hunt question= ed whether it was cheaper to move the access road to the south end.

Mr. Eiden responded= that the Army Corps or Engineers said that was the least sensitive area. He also stated that he is confiden= t that they will be able to meet all of the Lake County Department of Transportation’s requirements.

Various discussions= were held with regard to the transition lots and open space.

Joe Jenkins,= Lot 5 on Bittersweet, stated that he would like to = have more information on how the road would impact him. He definitely does not want a road there; however, he might consider an access road, if they could tell him how much property they would need and how much landscaping would be provided. Mr. Jenkins also stated that he di= d not want a bike trail there.

Mr. Eiden responded= that the engineer and landscape architect would be happy to meet with Mr. Jenkins out at the property so he would be able to visually see the impact. He also stated that there would be= only one fire district (Lake Zurich Rural Fire Protection District) involved.

Additional discussi= ons were held regarding density and buffers.

It was the consensu= s of the Board to authorize Owl Haven to revise their concept plan and to return to = the March 20, 2006 meeting for approval.

= E. = Architectural Review Commission

1. None this month.

<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p;

= F. = Finance Committee

1. None this month.

= G. = Police and Public Safety

1. None this month.

= H. = Technology Committee

1. None this month.

= I. = &nb= sp; Water & Infrastructure Committee

1. None this month.

<= /b>

IX.&= nbsp;           &nbs= p; A.        None this month.

X.&nbs= p;       NEW BUSINESS

   &nbs= p;        A.        Taubman Property

Mayor Hunt reported that the Village has been contacted and a meeting was held with Mr= . Sy Taxman from the Taxman Group, the contract purchaser of the DiMucci propert= y at the corner of Rand Road and McHenry Road. The developer is planning a reside= ntial community with maintenance free homes, age restricted, with some retail. He reported that the Village has n= ot been given any plans, but they are looking to comply with the boundary agreement.

= ;

Mayor Hunt= stated that Lake= County has cut off all dumping act= ivity on that property due to dumping debris on the road. He noted that the permit was only = good for six weeks. Mayor Hunt ask= ed Engineer Christopher Burke to compare what the county’s plans were and what is there now. He stated = that the top of the berm is approximately 50 – 70 feet wide. He suggested maybe getting a befor= e and after aerial picture of the property.

            B.         = Town Hall meeting

Mayor= Hunt reminded members of the audience that the next Town Hall meeting would be h= eld on Wednesday, March 8, 2006, at 2 Lagoon Drive, Hawthorn Woods, IL.

XII.=            EXECUTIVE SESSION

None this month.

XIII.        Motion by Gehrke, seconded = by Weick to adjourn the meeting at 10:55 p.m.

Voice Vote:

AYES:            =              6

NAYS:      &n= bsp;              &= nbsp;   0

Absent:      &n= bsp;              &= nbsp;   0

Present (Or Abstain):    0

Motion Carried.

Reported By:            =     ___________________________________

           &nbs= p;            &= nbsp;                   = Phyllis Scheu, Village Clerk

Approved at the regular mee= ting held on: __________________________________