MINUTES OF TOWER LAKES

PRESIDENT AND BOARD OF TRUSTEES MEETING

Date:                   September 20,1999

Location:   Village Office

Time:                   7:04 P.M.

_______________________________________________________________________

PLEDGE:

President Fitzpatrick called the meeting to order and led the Pledge of Allegiance.

ROLL CALL:

Present: Trustees Aitken, Cantieri, Heagarty, Jansing, Kuskowski, and Parro; President

Fitzpatrick. Absent: Village Clerk Chulumovich.

SIGN-IN:

See Attached Sign-In list.

APPROVAL OF MINUTES:

Trustee Kuskowski made a motion to approve the July 19th and August 16th , 1999

minutes which was seconded by Trustee Cantieri. A unanimous voice vote followed with

Trustee Jansing and Kuskowski abstaining for the August 16th meeting. Trustee Parro

made a motion to approve the minutes of the August 16th Executive Session which was

seconded by Trustee Heagarty and followed by a unanimous voice vote with Trustees

Jansing and Kuskowski abstaining.

POTENTIAL CONSTRUCTION ON LOTS 19 & 20 (W. Lakeshore Dr.):

President Fitzpatrick introduced Walter Diambri, attorney from the law firm of Diambri & Vicari, P.C., in Gurnee , representing the potential owners of lots 19 & 20 in Tower Lakes Estates Unit 3 on West Lakeshore Drive. The potential owners are considering purchasing the above piece of property which in the aggregate is under 20,000 for building purposes. President Fitzpatrick stated that he has permitted a "courtesy review" so that the potential owners will know relatively early on in the process whether the Village Board will grant their request rather than having the potential owners start the process of obtaining a building permit application and Zoning Board approval. President Fitzpatrick stated that anything said by the Village Board is not binding in regards to the Village Board’s ability to make a decision at a later date assuming that the matter goes to the ZBA.

Mr. Diambri stated that for the purposes of this review, he is assuming the combined size of the lots is 19, 500 square feet although a survey has not been done. He stated that he is also assuming that the Lake County Health Department has granted a permit for septic. Mr. Diambri reported that the Village’s ordinance approved in 1966 has width (not <100 sq. ft.) and area (not < 20,000 sq. ft) requirements. The property meets the width requirement but misses the area requirement by 500 sq. ft. Mr. Diambri also stated that the although the ordinance was passed in 1966, the property was platted in 1940/41; therefore, he questioned whether they would need a variance or whethter they are exempted from the ordinance regarding the square feet and width requirements.

President Fitzpatrick stated that the question raised is one that the Board cannot answer tonight and that the Board will need to consult with the Village Attorney. President Fitzpatrick stated that it is true that there are areas in the community that are not in compliance with the current ordinance or in "nonconforming use". This exists because these homes existed before the Village was incorporated in 1966. The history of the community has been to eliminate the ability of people to build on smaller lots. As the community grew, it went to larger lots ( 1 acre and greater) as indicated by the newer subdivisions – CCE, Fenview and West Hills. The evolution of the community has been away from building on smaller lots not only for density issues but distance between homes and quality of life issues, etc.

President Fitzpatrick stated that many people over the years have looked at the property (Lots 19 & 20) and were told that it was not buildable. In addition, President Fitzpatrick stated that tonight was the first time that he heard the combined lot size was 19,500 sq. ft.. He stated he was under the impression that the size was 18,000 sq. ft. and that an accurate survey would be helpful. President Fitzpatrick stated he did not know how much a survey would cost, but it would be beneficial to all parties since we would have facts rather than assumptions. Regarding whether or not the potential owners need a variance, President Fitzpatrick stated that the Board needs to consult with the Village attorney. President Fitzpatrick said that his initial reaction is that a variance is required, because it is not a lot with an existing home. President Fitzpatrick stated that the Board will consult with the Village Attorney and will report back within a reasonable amount of time.

Trustee Jansing stated he is concerned with relaxing the 20,000 sq. ft. requirement for building on vacant lots and that precedences would be set. President Fitzpatrick stated that it is his opinion, that a Public Hearing would be held if the Board considered relaxing the requirement because the ultimate decision would be the community’s not the Board’s – the trend is away from smaller lots as discussed above. President Fitzpatrick stated that the in 1993 the Village had a contractual arrangement (i.e. Road Study) with McClurg Engineering which is the same engineering firm the potential owner is using. President Fitzpatrick stated that he does not see a conflict of interest, but wanted to disclose it.

President Fitzpatrick stated that the first step is to know the size and configuration of the parcel. President Fitzpatrick requested that the potential owners complete a survey within the next 30 days and provide a copy to the Village. President Fitzpatrick stated that he would contact Mr. Diambri regarding the "variance" requirement after speaking with the Village Attorney and will also let him know if the Board wants him to appear at next month’s meeting, etc.

Trustee Parro stated that the property is in arrears for TLIA dues. President Fitzpatrick stated that the amount totals about $36,000 and must be resolved or else the potential purchasers will not have a clear title.

 

WATER SYSTEM REPORT:

*      Project Status Reports: Outlot A and Interconnections

Trustee Kuskowski stated that regarding Outlot A, minor things still need to be done plus the Village is holding back money for landscaping (Outlot A must be relandscaped). Air relief valves will be installed soon. Nothing that needs to be completed impacts the operation of the facility. President Fitzpatrick reported that there was a main break on West Lake Shore Drive and East Lakeshore Drive by Roslyn.

President Fitzpatrick stated that the Village is pumping about 4.5 million gallons per month and averages about 148,000 gallons a day. In addition, lead and copper samplings need to be conducted per EPA requirements.

President Fitzpatrick stated that the Village received a $30,000 payment from Mr. Farella for the Warwick main installation , as agreed.

*      Monthly Production Report

The Monthly Production Report and Year-to-Date Summary are available at the Village Office.

*      O&M Contract

Trustee Parro will report on the renewal of Consumers O&M contract at October’s meeting.

PLAN COMMISSION:

The Plan Commission is scheduled to meet on September 21st to plan for the September 27th public hearing regarding the proposed parking ordinance. Bob Masini has submitted his resignation from the Plan Commission since he is moving from the Village. President Fitzpatrick plans to submit a replacement for Bob Masini to the Village Board at October’s meeting.

ZBA:

No meeting was held nor are any scheduled.

BUILDING AND ZONING REPORT:

*      Building Permits

Trustee Cantieri reported that four building permits were issued for the following residences: 728 N. Lakeshore Drive - reroof; 311 E. Lakeshore Drive – new driveway; 103 North Lakeshore Drive – screened in porch; and 35806 Circle Drive – new home construction.

TREASURER'S REPORT:

President Fitzpatrick reviewed the Treasurer's report and list of bills to be paid.

Trustee Heagarty made a motion to approve the Treasurer's Report and to pay the bills which was seconded by Trustee Cantieri and followed by a Roll Call vote with results as follows: Ayes: Trustees Aitken, Cantieri, Heagarty, Jansing, Kuskowski and Parro and President Fitzpatrick. Nays: None.

FINANCE REPORT:

Trustee Jansing distributed the draft resolution regarding the new Investment Policy Requirement to the Village Board and will be discussed at October’s meeting.

Trustee Jansing reported that the Village accounts with the Barrington Bank and Trust will be receiving the interest rate provided to non-profit entities, which is higher than the 90 day treasury rate we are receiving now. Current checks and all deposits are with Barrington Bank and Trust.

POLICE REPORT:

Trustee Aitken reviewed the monthly Police Activity Report which is on file at the Village Office.

President Fitzpatrick reported that Halloween hours will be from 2:00 – 6:00 P.M. on October 31st.

President Fitzpatrick reported that there are 35 residents that have not purchased their vehicle stickers which were due on July 1st. If reminder letters were sent to the residents and they have not complied, their names will be published in October’s Newsletter.

STORMWATER MANAGEMENT REPORT:

Trustee Kuskowski reported that the work at Wagner Park has been completed. President Fitzpatrick stated this was a successful joint effort between the Village and TLIA– the Village’s storm water project and TLIA’s pathway removal and restoration were finished. Trustee Kuskowski reported that the rock swail was in South Hills was completed. Trustee Heagarty stated that he does not think the "rock" swail looks nice. Trustee Kuskowski explained the reasons for the "rock" swail – grass would not have taken root.

ROADS REPORT:

Trustee Heagarty reported that crack sealing and patching of the roads by Cuba Township is underway. He will meet with Trustee Aitken to formulate plans for next year’s major paving project which will done in cooperation with Cuba Township. Trustee Heagarty stated he will look at traffic control signs that need replacing.

President Fitzpatrick agreed to talk to Cuba Township regarding alternative places to park their equipment other than in front of the Village office.

HEALTH & SANITATION:

Trustee Cantieri reported that the discrepancy with Clarke’s billing for mosquito abatement has not been resolved. Trustee Cantieri reported that George Ballas from Clarke stated that he left a message on Trustee Cantieri’s voice mail when he would be spraying. Trustee Cantieri reported in that case, he did not receive several of the messages and he still did not grant approval or authorization.

UTILITIES:

A Metricom representative outlined their proposal for installing radio equipment on a few utility poles that would allow computers wireless internet access. The representative stated that although this will not be a significant revenue generator for Tower Lakes (the Village does not own any utility poles), there are benefits to the community in regards to service – wireless internet service. The service gives the user the ability to be mobile since the computers are not tied to a wall with a phone line. Since, Metricom plans are still in the design phase they have not selected locations for placement of the equipment. Locations will be authorized by the Village.

Trustee Heagarty made a motion to allow President Fitzpatrick to sign the ordinance which was seconded by Trustee Cantieri and followed by a unanimous voice vote and one abstention.

Trustee Parro commented that he was underwhelmed by the technology. Digital subscriber line/digital cable will blow Metricom’s technology away. Trustee Parro does not believe Metricom will be successful and that it may take years to include Tower Lakes. Trustee Parro stated that our immediate neighbors – Wauconda, Lake Zurich, and North Barrington are not on the list of communities who have signed on.

URBAN FORESTRY:

President Fitzpatrick reported that the project that commenced along Gateway is completed.

Fall brush pick-up will begin on October 18th. Dorothy Pratt will place a notice in the Newsletter.

Regarding dead trees, President Fitzpatrick reported that the Village cannot cut all the dead trees down at once. The most dangerous will be taken down first. Also, these trees need to be taken down professionally.

Trustee Parro questioned whether we need a tree preservation ordinance. President Fitzpatrick stated we do have a tree ordinance regarding Village Property and agreed to look into Barrington’s tree preservation ordinance.

OLD BUSINESS:

Trustee Cantieri reported on the Village’s preliminary Web Page and requested comments and suggestions from the Board. He reported that the WEB Page should be on-line in a month.

President Fitzpatrick has had 4 or 5 volunteers for the Noise Abatement Committee – Dave Duke, Phil Tardrew, Patty Sill, Bob Demasky, and Larry Gold.

NEW BUSINESS:

President Fitzpatrick reported that the Village continues to provide Police detail at the North Barrington School – a Tower Lakes Officer will be on-site 3 days a week in the afternoon to direct traffic. The Village Presidents of Tower Lakes, North Barrington, and Lake Barrington, as well as the Cuba Township Supervisor have sent a letter to the parents of children at North Barrington School to direct their letters to the School Board to solve the problem at Grandview. The School Board built the school without studying the traffic impact and now they want everyone else to pay for the changes. The Village Presidents and Township Supervisor met with Rep. Beaubien and Senator Bill Peterson. They are willing to work with the villages to get state funds to fix the problem on 59; however, they cannot solve the problem on Grandview since it is in Lake Barrington. It will cost about $625,000 to widen Grandview to provide a west bound holding lane to turn South and a west bound right turn lane to go North and a deceleration lane on 59 going Northbound so people can pull off of 59 and make the turn into Grandview safely.

On October 7th, there will be a PTO meeting to address this issue. Both Rep. Beaubien and Senator Peterson will be attending the meeting.

President Fitzpatrick stated he and Trustee Aitken will contact our gas light contractor since they did not do CCE.

The President’s Cup Village Golf Trophy was awarded to Mike Rolfa.

President Fitzpatrick reported that the Board needs to pass a ordinance to give a separate PIN number to the North Lake lot that Bill Hanson sold to the Magro so that if a house is built on the vacant lot it will be in the SSA. President Fitzpatrick has asked the Village Attorney to amend the special role which will take the PIN numbers and separate them so that the Village has a separate lot that can be eventually improved and the Village can have one more house as a member of the SSA. Trustee Heagarty made a motion to adopt an ordinance further amending ordinance 95395 and ordinance amending ordinance 93363 establishing the Village of Tower Lakes Special Services Area #2 with Trustee Jansing seconding the motion followed by a roll call vote: AYES: Aitken, Cantieri, Heagarty, Jansing, Kuskowski, and Parro. NAYES: None.

Mr. Rigali reported that the construction workers are almost done modifying their house and driveway configuration. President Fitzpatrick stated that Mr. Rigali must present his restoration plan to the Village Board and it will be discussed at a Village meeting. President Fitzpatrick stated that in the past, the Village vacated property to residents; however, he reiterated and emphasized that the Village is not vacating any property to any residents.

MEETING ADJOURNED:

At 9: __ P.M., Trustee _________ made a motion to adjourn which was seconded by Trustee ________ and followed by unanimous voice vote.

Respectfully Submitted,

 

 

Madeline M. Chulumovich

Village Clerk