McHenry Times

City of Harvard Administration Committee met May 9.

Here are the minutes provided by the committee:

Chairperson Lisa Haderlein called the meeting to order at 6:30 pm. Committee members present: Chairperson Haderlein, Alderman Dan Carncross, Alderman Charlie Gorman, and Alderman Matt Perkins. Also present were Mayor Mike Kelly, Alderman Jay Schulz, City Administrator Lou Leone, Finance Director Deb Bejot, Chief Tyson Bauman, Community Development Director Donovan Day, Code Enforcement Officer Anne Nutley and members of the public.

Public Comment 

None

Starline/Parking on Front St. 

Chairperson Haderlein related that Orrin Kinney is unavailable in the evenings. The contact person is Orrin’s son-in-law Al Schuld, whom she will call to set up a meeting. One of the things she has been looking at to prepare for that conversation is street widths. From an overall policy standpoint, it might be helpful to have some reference in the code as to the use of different streets in terms of whether they are a major/minor artery, local, limited, connector, etc., width of streets and what would be allowable for parking on one or both sides of the street. This would provide a common thread as to what is appropriate. For instance, the street where the concern is on Front St. narrows between Page St. & Diggins St. to about 22’-24’ wide whereas farther down Front St. by Bopp’s the street width is about 42’. It was noted that often times, the parking lot across the street is underutilized and cars are parked right in front of the door entrance at Stanchion where it is very narrow. Alderman Gorman noted that the width of every block is available through PAVERS.

Review Section 15.07B – Ayer Street Parking Prohibition 

The Committee reviewed the Ayer Street Parking prohibition which was in place prior to Ayer St. being redone with the bump out at the corners. Alderman Perkins inquired if the signs were going to be put back up. There was discussion whether the signs would still be needed. Mayor Kelly related that it becomes a sight issue when larger vehicles are parked on the corner because you can’t see around them (Brainard, Sumner, Front St.). The consensus was to direct City Staff put the signs back up that say “no trucks; no SUV’s”.

Proposed Amendments Regarding Required Connections to Sewer/Water Mains 

Community Development Director Day reviewed staff’s request to consider an amendment to Section 13A.02, Use of Sewers Required and Section 13B.03, Use of Water Facilities Required. This recently came up due to a property that Anne is trying to enforce the code on. The City’s current code doesn’t have sufficient enforcement mechanisms for non-compliance which has been confirmed by the City’s legal counsel. City Administrator Leone commented that staff is looking to strengthen the city’s penalty provision which is rather vague to provide for a daily fine verse a one-time fine. The Committee reviewed the additional language in the proposed ordinance and discussed that it should also contain grandfather language to protect existing homeowners. A motion was made by Alderman Perkins, seconded by Alderman Carncross to recommend to the City Council to accept the language in the proposed ordinance with grandfather language added. All ayes. Motion carried.

Discussion on Proposed Policy Regarding HOA Common Areas (UDO Amendment) 

City Administrator Leone stated that at least one HOA within the City has ceased to operate. When that happens, maintenance of the common areas falls to the City. City Staff is proposing to amend the UDO so that moving forward, in the event a HOA should fail for whatever reason, that the City would step in and be able to charge fees to take care of the common areas.

• Essentially it would trigger a back-up, special dormant SSA that would be approved at the time a subdivision is created for those particular areas to maintain that infrastructure. This would not apply to a subdivision that would be created without an SSA. Alderwoman Haderlein indicated that the City would have the option and she would be in favor of the City putting in an SSA on a subdivision if there wasn’t going to be a HOA, with responsibility for those amenities rather than putting that on all the taxpayers. That would make sure the new development is covering those costs.

• Alderman Carncross inquired why a HOA is required. Mayor Kelly related that in a planned subdivision, typically you have a developer that is planning the whole thing out, which would include additional amenities (open and common areas) owned by the HOA that are meant for that particular subdivision.

• The proposed amendment only addresses future subdivisions. In order to establish a retroactive SSA, it would require 51% of the property owners to agree.

• Finance Director Bejot suggested that Section 12.9.D.d.j reference the back-up SSA be looked into further. She related that last year, the SSA #5 bond came to term short because of foreclosures in the subdivision and a lack of property tax payments and the bond obligation couldn’t be fulfilled. As a result, the bond holders lost out on their investment. The shortage began to occur 4-5 years ago and accumulated from there. The City was just a pass-through agent for the developer when the bond was first issued and did not have any obligation to fulfill the shortage of that bond. Deb inquired if the City did a back-up SSA and held that obligation, would City be responsible for any bond shortage should the situation occur again. Alderwoman Haderlein noted that situation wouldn’t occur again as the former SSA was an improper use of an SSA and was done for the developer’s cash flow so they could fund and pay for the sidewalks, roads and things like that with the bonds. City Administrator Leone indicated that the City wouldn’t have any obligation as it would be a bond cost to that subdivision; if it started to fall short, those homeowners left would just see their tax increase. It would be automatically written into the terms of the bond. Mayor Kelly thought it would be two separate SSA’s, one to develop the property and a back-up SSA which is a completely separate SSA and is not integral to the original one and only generated as annual maintenance of existing infrastructure. In the event a back-up SSA came about, the City would have the responsibility to levy and administer funds in order to complete maintenance. City Administrator Leone will get legal advice on the issue before it goes to the Planning and Zoning Commission.

A motion was made by Alderman Gorman, seconded by Alderman Carncross to accept the additional language and change to the UDO and forward to the Planning and Zoning Commission for a text amendment. Chairwoman Haderlein asked for any additional discussion. Joel Kriete, 300 Joshua Tree, inquired if the proposed amendment would affect future subdivisions and anything currently not maintained. Mayor Kelly related that the proposed amendment is not applicable to current housing and in particular the common areas in Joel’s neighborhood. If Joel and the other homeowners that maintain the common areas discontinued to do so, it would fall to the City, but the City would likely not maintain it as well as Joel does. All ayes. Motion carried.

Discussion on Draft School Resource Officer (SRO) Intergovernmental Agreement 

City Administrator Leone related that the actual SRO agreement isn’t changing, just the cost of the SRO.

Chief Bauman gave a brief history on the School Resource Officer. In 2014, the school district started reimbursing the City for an SRO; prior to that the City just provided the SRO to the school district. The SRO became a paid position in 2014 and the fee structure was based on 100% of the SRO’s salary for 8.5 hours per day for 174 days which is the required school days per year, no benefits or pension. The agreement is up for renewal this year and he was directed to revisit the fee structure. Chief Bauman contacted area communities that have SRO’s and reviewed their fee structures: Algonquin – 66% of yearly salary; Cary - flat rate $25 hr. billed retroactively; Crystal Lake is $50% of the salary plus 50% of overtime for special details; Huntley is 50% of total benefits to include pension/salary; Marengo is 12 hrs. per week at overtime billed retroactively; McHenry High School District is 66% of salary/benefits at the 1 year officer rate; McHenry Elementary is 70% of salary/benefits at the 10 year rate; Woodstock is 66% of the yearly salary. The City’s fee breaks down to around 67% of the SRO’s salary. The yearly increases are based on contractual increases for salary only. Other details (i.e. football, prom) beyond the normal school day are billed 100%.

Finance Director Bejot reviewed the three different options:

1. 66% of total salary only as a baseline;

2. 60% of salary and health benefits less pension;

3. 50% of total benefit package of salary/benefits/pension;

All three options would be based on 8.5 hours per day for 174 days with contractual yearly wage increases.

City Administrator Leone would like to move forward with 60% of salary and health benefits less pension (Option 2). After further discussion, the consensus was to direct staff to contact the school ideally with 50% of salary/benefits/pension (Option 3) but no less than 60% of salary/health benefits (Option 2). The next step would be for Chief Bauman to meet with the school to present the City’s options.

Tyson related that our current agreement allows him to pull Officer Kohn from the school when situations arise in the community without any flak from the school district.

New Business 

City Administrator Leone updated the Committee on the 1% sales tax. The City did file on time but did not file the correct ordinance. As a result, the City won’t be able to collect revenue until January 1st instead of July 1st. The language in the ordinance approved at the last City Council Meeting allocates funds received from the sales tax but does not impose the tax. The Department of Revenue has provided a template draft ordinance that imposes the 1% sales tax. The consensus was to have the ordinance go directly to the next City Council agenda.

Closed Session to Discuss Section 2(c)(1) Personnel 

At 7:38 pm, a motion was made by Alderman Gorman, seconded by Alderman Carncross to convene into closed session to discuss Section 2(c)(1) Personnel to include the Mayor Kelly, City Administrator Leone and Finance Director Bejot. All ayes. Motion carried.

Closed Session Action 

The Committee came out of closed session at 7:50 pm, on motion by Alderman Carncross, seconded by Alderman Gorman. All ayes. Motion carried.

A motion was made by Alderman Carncross, seconded by Alderman Perkins to direct City Staff to make the merit adjustment as discussed to the Clerk’s current salary in the amounts as discussed in Closed Session. Finance Director Bejot indicated that it would be the Administrative Assistant’s salary as the Clerk’s position is elected and set by ordinance. Alderman Carncross and Alderman Perkins amended their first and second respectively. All ayes. Motion carried.

A motion was made by Alderman Carncross, seconded by Alderman Perkins to adjourn the meeting. All ayes. Motion carried.

Meeting adjourned at 7:53 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/administration_committee/meeting/14786/minutesadministration2023-05-09.pdf