Village of Hudson Village Board met Nov. 5.
Here is the minutes provided by the board:
CALL TO ORDER Mayor Dan Maffeo called the regular meeting of the Hudson Village Board to order at 7:00 P.M., Tuesday, November 5, 2019.
PLEDGE OF ALLEGIANCE Mayor Dan Maffeo led the Pledge of Allegiance to the Flag.
ROLL CALL Present (in person) Absent
Mayor Dan Maffeo Trustee Kathy Brooks Trustee Phil Morris Trustee Pat O’Grady Trustee Dave Brutlag Village Clerk Allison Brutlag
Trustee Don Gibson Trustee Rachel Shipley
CONSENT AGENDA “All matters listed under CONSENT AGENDA are considered to be routine and non- controversial by the Village Board and will be enacted by one motion and one roll call vote. There will be no separate discussion on these items. If discussion is desired by a Citizen or Trustee, the item will be removed from the Consent Agenda and discussed immediately after approval of the Consent Agenda.”
Items for the consent agenda are:
a. Approval of open minutes from the October 1, 2019 board meeting b. Financial statement and payment of bills for October
Dan asked if any items listed for the consent agenda needed further discussion. No other discussion was needed.
A MOTION WAS MADE BY DAVE BRUTLAG TO APPROVE THE CONSENT AGENDA FOR OCTOBER. SECONDED BY KATHY BROOKS. ALL YEA- MOTION PASSED.
Village of Hudson November 5, 2019 Meeting Minutes
PRESIDENT’S REPORT: Dan Maffeo Prairieview Issue Dan stated he (as well as Dave and Jeff) has spent numerous hours and days in the last month on this issue. He will give his report on this issue later in the agenda.
TIF Economic Development Programs Programs for Commercial Revitalization TIF Grant Program and TIF District Incentives for Economic Development have been drafted. Board input will be needed and then a resolution will be implemented. More programs are being developed for grants and/or forgivable loans for new business development and existing business expansions.
Mike O’Grady Dan had a lunch meeting with the Township supervisor, Mike O’Grady. It is beneficial the village have a good relationship with the Hudson Township.
Land Swap Deal Dan met with the owner of the Polka Dot Salon, Nikki DeReu regarding her future business plans. She has first right of refusal to purchase the property on Front St. from Steve Lampert (if the property is sold in the future). After meeting with Ms. DeReu, Dan’s only request from the Village is to have the second right of refusal if the property is sold in the future. Pat McGrath will be sending a letter to Mr. Lampert’s attorney.
Truck Purchase Dan stated that Phil and Denny allowed him to be involved with the recent truck purchase. It will be discussed later in the meeting.
Establishing Committees The following committees were discussed:
• Village Market Day at the Methodist Church (Pastor Curt fully supports this and wants to be on the committee.)
• Census 2020
• 911 address change issue (This has been postponed until after the census, but it looks like we will have no choice but to change addresses.)
• Files clean up day/destruction of files (Sara reported we are waiting for approval and then a plan for destruction will be made.)
• Board meetings- move to another location?
McGrath meeting in Mackinaw Dan met with Pat McGrath and discussed the Prairieview project, Dollar Store/annexing properties, TIF updates, liquor commissioner issues, dealing with difficult residents, Next Gen 911 address issues, and the land swap deal on Front St.
CIMOA Meeting Dan attended a quarterly CIMOA meeting in St. Joseph, IL. CIMOA stands for Central Illinois Municipal Official Association. This is attended by mayors, trustees, city attorneys and engineering companies such as the Farnsworth Group. It’s a great networking opportunity to see how other communities run their communities and to compare notes. The keynote speaker was a representative from the U.S. Census Bureau to discuss preparing for the 2020 Census.
Recruiting Businesses/ Individuals to move or open business in Hudson Dan met with a couple of local individuals who are actively looking to open a business here. The Bernardi Group, who currently own 5 restaurants, aren’t interested in Hudson at this time.
Dollar General Dan reported that Dollar General is very interested in opening a store in Hudson. A realtor has been looking for property for the past several months. They were initially interested in property on Franklin Street owned by the Township. However, that property is not available. Dan stated his role has been introducing the owners of the private property to the Dollar General realtor. There are two property owners who are now under contract to sell their properties “if” the Dollar General developers approve the site. This is still in the very early stage and may not happen, but it is progressing. The two properties are currently not in the village. The village will begin annexing properties into the village over the next year. Dan stated Dollar General “wants” to be in the Village of Hudson.
WATER AND PUBLIC PROPERTY: Superintendent Jeff Waller Superintendent Jeff Waller gave the monthly water report for October- 3,155,000 gallons or 102,000/day. Jeff reported the water has been shut down and the bathrooms have been closed at the parks. He thanked Denny for helping out while he was on vacation.
STREET AND ZONING: Street and Zoning Inspector Denny Engel Street and Zoning Inspector Denny Engel reported the County has salt available for pick up in the next few weeks. The new dump truck was purchased but it will take a few months for it to be equipped and ready for service. Denny stated S. East St., near South St., was widened. Tyler has been a huge help on street projects. The last limb pick up was in October. The Township bunker is open all year round to dump leaves but no limbs can be dropped off there. Denny thanked Jeff for helping out while he has been sick. Weather updates and plowing information will be posted on the Village of Hudson Facebook page as well as the Hudson Police Department Facebook page.
VILLAGE MARSHALL: Police Chief Dale Sparks Police Chief Dale Sparks reported numbers have been consistent. He reminded residents to sign and return their water bill to the water house if they are interested in signing up to receive texts with upcoming information. We were able to fund the Call Multiplier through a donation from Hudson Grain. Dan asked how the response has been for the Call Multiplier and Dale reported it has been good. Dale said speed complaints have been addressed and are being monitored closely. Speeds have been coming down. Halloween went well, even though it was cold.
CIVIL DEFENSE DIRECTOR: Fire Chief Jeff Thomas The civil defense director was absent. Chief Thomas sent an email stating the south siren had a bad radio receiver at the base. The signal was weak today so they will be trying a different radio tomorrow at 10:00.
CITIZEN’S HEARING (non Prairieview comments)- none
REPORTS OF THE STANDING COMMITTEES
Finance, Budget, Contracts and Employees Department: Trustee Don Gibson Trustee Don Gibson was absent.
Street Department: Trustee Phil Morris Trustee Phil Morris stated he is appreciative for Denny getting everything together for the new truck. He said the widening of East St. is looking good.
Ordinance and Zoning Department: Trustee Kathy Brooks Update Planning Commission Ordinance member number Trustee Kathy Brooks stated the Planning Commission currently has 3 members. With this proposed change, the Planning Commission will have 5 members.
A MOTION WAS MADE BY DAVE BRUTLAG TO UPDATE THE PLANNING COMMISION MEMBER NUMBER TO 5 (ORDINANCE #1330). SECONDED BY PHIL MORRIS. ALL YEA- MOTION PASSED.
Approve the 4.9% increase for the tax levy A MOTION WAS MADE BY PAT O’GRADY TO APPROVE THE 4.9% INCREASE FOR THE TAX LEVY. SECONDED BY PHIL MORRIS. ALL YEA- MOTION PASSED.
The tax levy ordinance will be passed at the December meeting.
Planning Commission recommendation for President of Planning Commission Vote The Planning Commission recommends Richard Bland for President of the Planning Commission.
A MOTION WAS MADE BY PHIL MORRIS TO APPROVE THE PLANNING COMMISSION’S RECOMMENDATION FOR RICHARD BLAND TO BE PRESIDENT OF THE PLANNING COMMISSION. SECONDED BY PAT O’GRADY. ALL YEA- MOTION PASSED.
Discuss and vote on transferring the Prairieview issue to the Planning Commission for review and recommendation Prior to this vote, Kathy read a statement she prepared regarding her thoughts on the Prairieview issue. She stated she thinks this is an issue the Planning Commission should
be given to review and make a recommendation. She said they (the Planning Commission) are the body that should investigate, obtain independent verified information and then recommend to the board if any action would benefit the Village as a whole.
A MOTION WAS MADE BY PAT O’GRADY TO TRANSFER THE PRAIRIEVIEW ISSUE TO THE PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION. SECONDED BY PHIL MORRIS. KATHY BROOKS- YEA, PHIL MORRIS- YEA, DAVE BRUTLAG- NO, PAT O’GRADY- YEA. THERE HAVE TO BE 4 YEAS’ FOR THIS PLANNING COMMISSION MOTION TO PASS, SO DAN MAFFEO VOTED. DAN MAFFEO- NO. WITH THE VOTE OF 3 YEAS AND 2 NOS, THE MOTION DID NOT PASS.
Police Department: Trustee Pat O’Grady Trustee Pat O’Grady had no report.
OFFICER HOURS
5 CHIEF HOURS MILES
DRIVEN
AGENCY ASSIST
FINES ACTIVITY
Hours- 344.75 Vac/Time Off- 20.25 Admin- 0 Training- 10.5 Holiday- 0 Total Hours: 375.5
Patrol- 92.75 Admin Hours- 70.5 Vacation- 22 Holiday- 0 Training- 11.5 Total Hours: 196.75
Hudson: 1548 HFD- 2
McLean Co.- 4 IL State Police- 2 Woodford Co.- 1 BPD- 1
Hudson-$393.00 EHU- $20.00 Towanda-$35.60
Activity/Details- 83 UTT’s- 22 Traffic Warnings- 11 Motorist Assists- 5 Business Checks- 161 Follow up hours- 2.6
Water Department: Trustee Dave Brutlag Trustee Dave Brutlag reported that the water meter reader will be replaced soon as everything is compatible.
Public Property: Trustee Rachel Shipley Trustee Rachel Shipley was absent.
Liquor Commissioner: Mayor Dan Maffeo Liquor License Ordinance An amendment to the liquor license classification will be voted on. The amendment will change the classifications from 4 to 2 as well as hours of sale. A class “A” license will be for Country Squire and Sit ‘n Bull and their hours of sale will stay the same. A class “B” license will be for Casey’s and their Sunday hours of sale will now be 8:00 A.M. to 10:00 P.M. Pat asked if Dan had checked with Country Squire and Sit ‘n Bull to see if they had any interest in selling like a retail store. Dan stated he liked it the way it is and doesn’t want bars open on Sunday mornings. This may be something to look at down the road.
Village of Hudson November 5, 2019 Meeting Minutes
A MOTION WAS MADE BY DAVE BRUTLAG TO APPROVE ORDINANCE #1329 (AMENDING CHAPTER 1 OF TITLE 3 OF THE HUDSON VILLAGE CODE: LIQUOR LICENSE CLASSIFICATION AND HOURS OF SALE). SECONDED BY KATHY BROOKS. ALL YEA- MOTION PASSED.
PRESIDENT’S ADDITIONAL REPORT ON PRAIRIEVIEW ISSUES: Dan Maffeo (Dan read a conflict of interest disclosure stating that Pat O’Grady, Rachel Shipley, Kathy Brooks and himself live in Prairieview subdivision. He is connected to the sand filter filtration system.) Prairieview HOA History
• Dan reported Prairieview developers started to build the subdivision 20+ years ago. In the early planning of the engineering needed for the 167 lot subdivision, a retention basin and a sand filter filtration system was built at the southern end of the subdivision.
• Dan believes the original plan by the developers was to build so many homes in the subdivision and at some point, a HOA would be established with the developers acting as the officers and then at some point, homeowners would take over the management of the HOA and all 167 lots would pay HOA fees. This never happened.
• The majority of the homeowners built or bought homes with no disclosure that there was a HOA or covenants associated with the subdivision. Every homeowner in the subdivision had attorneys representing them and the HOA or covenants issue was never found or disclosed by the developer or builder. Dan said this happened to the far majority of homeowners moving here. For the past 20+ years, the HOA (which most residents didn’t know existed) was managed by the development group and paid all expenses associated with the retention basin and filtration system.
• Dan stated there have been several focused attempts by the development group over the years to transfer management of the HOA and expenses to the homeowners and always failed. Meetings and attorneys were involved and the residents stopped the efforts by the development group.
• The current HOA resident membership is inconsistent with some residents in the HOA and some not. The membership does not follow any of the subdivision build sections, and we cannot find any logic in why some residents are part of the HOA and some are not. Dan believes the numbers are correct, but there hasn’t been time to verify it yet. There are 17 homes connected to the filtration system. Eight of these homes are in the HOA and nine are not. All 167 lots in the subdivision are connected to the retention basin owned by the HOA. Of the 167 lots, 76 are in the HOA and 91 are not.
• Several months ago, Dan led an effort to solve this issue. The Village would take over the retention basin and filtration system and eliminate the need of the HOA. The additional costs to the Village for this take over were going to be covered by the 167 residents with an SSA (Special Service Area) tax, estimated at $40 per year. Many residents supported this while many did not, so it was dropped and Dan decided not to pursue this any longer.
• After Dan stated he would not pursue the Prairieview issues any further, Dave contacted him. Dave said he felt the board should not drop total involvement. Some of the information being told about the filtration system was inaccurate, and some cost estimates that were discussed were not close to correct. There seemed to be a lot of confusion about the filtration system. Dave said he felt the village should at least try to gather accurate information about the subdivision and make that information available to all residents. Dave also felt if the village could do anything to encourage the formation of a working HOA, we should encourage it. Dan and Dave then started to gather this information.
Current Status
• Dan reported that a couple months ago, the development group held a HOA meeting (about 12 residents attended) and two people volunteered to become treasurer and secretary of the HOA. No president was appointed or elected. This gave Dale Whitwood the opportunity to resign as the president of the HOA. After a few days, the two volunteers resigned. It appears there are no board members and no one can write a check for outstanding invoices. Dan said he learned that the HOA bills were not being paid and that the EPA Discharge Permit needed to be renewed. This led to contacts with the EPA and Richard Alwood, the licensed operator of the filtration system. Dan stated the Village could be a target of litigation. Possible solutions were discussed. Dan said he has been personally managing all the vendors who have past due invoices with the HOA. He said he has become a daily effort to keep the vendors at bay while we try to find a solution.
Possible Solution
• Dan suggests the Village take over the retention basin and sand filtration system and the HOA is dissolved.
• A negotiated deal was verbally agreed by Dan, with council, by our Village attorney and the Development Group (Dale Whitwood, Robert Whitwood, Mike Hundman and others) knowing that any agreement would need board approval. The details are the Development Group pays the Village $38,500 at the time of execution of the agreement. This amount pays for about 4 years of maintenance of the retention basin and filtration system. The Development Group also agrees to immediately pay off all current invoices with a total of $3,224.01 and any further bills to be paid before an agreement is signed. This amount will not be deducted from the $38,500 settlement. It will be paid before the execution of an agreement. To be negotiated, if the EPA levies any fines because the permit application is late, the development group will pay that fine.
• The Village will protect itself with verbiage in the agreement against any issues and expenses that happened prior to the execution of the agreement.
• Dan reported the estimated annual budgeted expenses to maintain the retention basin and filtration systems are $9,731. There will also be costs for mowing the retention basin but that will not show up as a budgeted item. There will be costs for labor and equipment wear and tear.
• This will give the Village 4 years to plan on how best to budget for this expense that could include an SSA tax, service fees to certain residents, TIF funds, etc.
• Dan stated this a solution that permanently fixes a caustic situation in Prairieview that has gone on for 20 years.
No Action is Taken
• Dan’s thoughts are there will be litigation by homeowners against the Development Group, certain individuals, the “so called” HOA and all the residents associated with it and the Village of Hudson. He also thinks that litigation will also begin with several vendors owed monies.
• The EPA has been alerted to the HOA issue by Richard Alwood, the system’s operator. Dan stated the EPA is upset about this HOA issue and that bills are not being paid. The EPA has or is about to contact the Attorney General’s office. Dan said if this happens, it will have a very negative affect on many people still to be determined. It certainly will involve the development group, the 17 homeowners connected to the system and possibly members of the HOA and the Village.
Richard Alwood, the system operator, stated he has to report everything by regulations. He is to report to the EPA on what is decided tonight. Mr. Alwood said the system should last forever if kept up. He gave the quote of $140,000 to replace the system if it would happen to fail. Kathy stated the Village isn’t liable right now and asked why the Village should be liable now.
Beth Kreps, stated she thinks this is a private citizen problem. She said that when she moved to Hudson, she educated herself on her septic system and they’ve kept it healthy. Ms. Kreps asked if the Village takes over the filtration system, then will they help if her personal septic system goes bad. She stated the 17 residents on the sand filtration system should educate themselves on their system. Ms. Kreps stated she feels that when Dale resigned, he let the ball drop (as well as the developers). She said she doesn’t want her taxes to pay for private citizen’s septic repairs; it is the residents own responsibility. Ms. Kreps thinks this is the developer’s fault and they should take responsibility.
Danny Tanner, read parts of the HOA covenants for Prairieview and asked why all homeowners in Prairieview weren’t in the HOA. Kathy stated that to be in the HOA, it has to be attached to the plot. It wasn’t attached to three of the phases. There are a few people who are in the HOA that live in the nonattached section.
Brad Park, lives in the south end of Prairieview and is on the sand filter. He stated that with taxes going up, the Village should look at other options to take care of the sand filter system. Mr. Park said people need to be educated on the system. He doesn’t know Dale and is not pro or against him but Mr. Park said he is pro Hudson. He likes the community feeling.
Michelle Custer, lives on South St. and has a sand filter system. They have it pumped every 3-5 years. She quoted that maintenance for the sand filter system and the retention basin would be $15 annually, per household. Ms. Custer stated Havens had the same issue and the Village took over the retention basin. She said the amount of property taxes from the 17 homes attached, would easily cover the cost of both. From McLean St. to the retention basin is basically all in the TIF district. Ms. Custer said the goal would be for the Village to be on sewer which would then eliminate the sand filter system. She has lived here for 17 years and likes the small-town feel. Ms. Custer supports the Village taking over the properties.
Elizabeth Megli, is the attorney for the Prairieview Development Group. She stated some of the facts discussed tonight have been accurate, while some have been inaccurate. The goal is to reach an agreement. She stated the developers believe this has been properly handled. For 20 years, the developers have paid all costs. They are willing to put in money to resolve the matter. The developer is concerned and is trying to step up.
Jason Brutlag, lives in Prairieview but isn’t in the HOA. He personally isn’t in favor of the Village taking over the sand filter system. He is concerned about the cost to the Village in the long run. Mr. Brutlag doesn’t want the Village to rush into this to appease those that have the sand filter system.
Dan stated he still thinks the SSA tax is the best solution. It would cost $40 a person and the issue would go away. The SSA tax would be for all 167 houses in the subdivision. The question was asked if the Village takes over the sand filtration system and something big happens to it, how will the Village pay for it. Dan said the Village would have to get a bond to borrow the money. Pat asked if the PDG wasn’t wanting to pay any longer, why would they offer to pay for the next 4 years. Ms. Megli said that after covering the costs for 20 years, they are no longer willing or interested to continue. They will facilitate a resolution of the matter and put money in. Dan reported the PDG originally said they’d pay $10,000, but after negotiations they came up to $38,500. Dale Sparks noted that most of the Prairieview is in the TIF district so the TIF fund could take care of it.
Jean Hutson, commends the board and Whitwood to try to come together to negotiate a deal. She honestly believes it can be resolved with negotiations. Ms. Hutson hopes the two sides can come to an agreement to help the homeowners. She thinks it is a great agreement for a 4 year term.
Dave has asked the builder the cost of replacement of the system and hasn’t received a written estimate.
A MOTION WAS MADE BY KATHY BROOKS TO MOVE INTO CLOSED SESSION TO DO THE 6 MONTH REVIEW OF CLOSED SESSION MINUTES. SECONDED BY DAVE BRUTLAG. KATHY BROOKS- YEA, PHIL MORRIS- NO, DAVE BRUTLAG- YEA, PAT O’GRADY- NO. MOTION DID NOT PASS.
A MOTION WAS MADE BY DAVE BRUTLAG AT 8:55 P.M. TO ADJOURN THE MEETING. SECONDED BY KATHY BROOKS. ALL YEA- MOTION PASSED.
https://docs.google.com/document/d/1JmU5Iy2pwTBkJVSA9ul901H2DD_cedj4br7V2Ptkm3A/edit
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