You are on page 1of 5

A Professional Corporation 140 South Dearborn Street, Suite 600 Chicago, IL 60603 www.ancelglink.

com

Julie A. Tappendorf jtappendorf@ancelglink.com (P) 312.782.7606 Ext. 9182 (F) 312.782.0943

MEMORANDUM
To: Mayor and Board of Trustees Village of Island Lake From: Subject: Date: Julie Tappendorf Village Code Rewrite Titles 1 - 3 February 15, 2012

The Village Board directed that we review and prepared a draft comprehensive update to the Village Code (Draft Code). As you know, the Village Code is a compilation of all of the Villages regulatory ordinances, consisting of 10 titles. In January of 2010, the Village Board approved a comprehensive update to Title 9, the Villages zoning ordinance. The remaining 9 titles were subsequently scheduled for review and update. A few months ago, the Ordinance Committee reviewed the Draft Code at its meeting. The Department Heads have also reviewed those chapters that pertain to their departments and recommended additional changes, which have been incorporated into the Draft Code. Enclosed with this memorandum are revised Titles 1, 2 and 3 of the Draft Code. To assist the Village in reviewing these three Titles, I have summarized below the key substantive changes from the current Village Code. I have also noted specific areas of these Titles that may require further discussion or direction before finalizing certain provisions. Please be advised that the redline version of Titles 1-3 provided to you with this memorandum depicts both the changes we made to the Draft Code and language from various ordinances the Village Board approved over the last year that had not yet been codified into the online version of the Village Code. OVERALL COMMENTS References to he or him were replaced with more gender neutral references. Other terms and provisions were updated to remove legalease terminology when possible. All fines, fees, and other charges have been consolidated into one schedule contained in Chapter 16 of Title 1. You may recall that the Village first initiated this Annual Fee Ordinance schedule when it approved the new Zoning Code. This Chapter expands on this to include the fees, fines, and other charges from the other 9 titles of the Village Code. Throughout the Draft Village Code, specific fees, fines, and charges have been moved to the

CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. FEBRUARY 15, 2012 Page 2 schedule, with the schedule being referenced throughout. The use of an annual fee ordinance will make it much easier for the Village Board to update its fees and is more user-friendly to residents, property owners, and business owners who can consult one chart to find all of the Villages fees, charges, and fines. SPECIFIC TITLES The following is a summary of the key substantive changes to Titles 1-3. Some of these issues will require discussion by the Village Board. Others are simply summarized for your information. In updating these Titles, a number of individual ordinances amending various provisions of the Village Code over the past year also had to be incorporated into the updated Titles. These ordinances had not yet been incorporated into the Village Code by the codifier as of the date of this memorandum but are now in the updated Titles. Title 1 Administrative

1-1-3 & 1-1-4: There was language in these two sections that was overlapping and that was corrected in the update. 1-2-2: An out-of-date provision relating to public utility ordinances was deleted as it is no longer necessary. 1-3-1: Subsections B and C were added to clarify interpretation provisions. 1-3-2: A definition for annual fee ordinance was added, as was a definition for board, board of trustees, and village board. 1-4-1: The general penalty provision has been modified to refer to the Annual Fee Ordinance schedule in Section 1-16-3 where all fines, fees, and other charges are consolidated. 1-4-4: This entire section dealing with P-tickets has been deleted because the Illinois appellate courts have struck down the use of P-tickets by non-home rule municipalities. 1-5-3: Specific oath and bond provisions were consolidated and relocated to 1-8A-7. In addition, language was added to reflect current Village policy that concurrent meetings on one day will be considered as one meeting for salary purposes. 1-6-2: Similar meeting salary language was added to this provision, consistent with 1-5-3. 1-6-3: The provision concerning the presiding officer of meetings was relocated to 1-6-4G1. 1-6-4: The meetings section was modified on a number of occasions over the past year. The updated language reflects the most recent ordinance approved by the Village Board. 1-6-5: The committee section was modified a number of times over the past year and this language now reflects the most recent ordinance approved by the Village Board.

CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. FEBRUARY 15, 2012 Page 3 1-6-9: The electronic meeting attendance policy adopted by the Board last year has been incorporated into the Draft Code. The Board may want to discuss whether it has adequate equipment to accommodate electronic meeting attendance and whether it is advisable to allow members to attend closed session meetings electronically. Some communities that allow electronic attendance have restricted attendance at closed session because of the confidentiality of these discussions that cannot be controlled if a member is attending electronically. 1-6-10: The most recent indemnification ordinance has been incorporated into the Draft Code. 1-7-1: The bond requirement was relocated to the general bond section in 1-6-3. 1-7-2: The duties of the Clerk have been amended to eliminate the accounts duty as it is a collector duty and to add the taking and keeping of board meeting minutes, which are part of the clerks duties under state statute. 1-7-3: Language concerning the Village Clerks salary has been added to the Draft Code. 1-7-4: This provision concerning vacancies has been removed as duplicative of 1-8A-3. 1-8A-2: The section on employee and officer appointments has been modified to reflect the most recent version of this section approved by the Village Board. 1-8A-9: Language has been added concerning the recent statutory requirement that conservators of the peace must have state training. 1-8A-12: No changes were made to the annual leave language, but the Village should discuss whether this is consistent with current personnel policies and/or union contracts and whether this would be more appropriately included in the personnel handbook rather than the Village Code. 1-8A-13: The prevailing wage provision was out-dated as it referenced 2008 rates so this was revised to clarify that the current prevailing wages are those in effect in the Counties, as determined by the department of labor. 1-8B-1: Is there currently a village treasurer? provisions in case one is appointed in the future? If not, is there a need to retain these

1-8C: This section on the village attorney has been updated to reflect the most recent ordinance passed by the Village Board. 1-8D: This section on legislative counsel has been added to reflect the ordinance adopted by the Village Board last August.

CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. FEBRUARY 15, 2012 Page 4 1-14-3: This section was eliminated in an ordinance adopted by the Board in December. 1-16-1 through 1-16-3: As noted above, this new chapter consolidates the fees, fines, and other charges from the various chapters of the Village Code into one chapter. All fees, fines, and charges from the entire Village Code (Titles 1-10) are incorporated into the chart. The fees were updated to reflect changes approved by the Board in December. There has been a question raised as to whether the fire protection district fee is necessary as it has never been collected to the knowledge of Village employees. Title 2 Boards and Commissions

2-1-5: This provision was updated to add a reference to statutory procedures to be consistent with the zoning board of appeals statute that requires that a hearing and a particular process be followed in removing zoning board members. 2-2-1: This provision was updated to remove unnecessary language concerning renaming of the environmental committee to the lake management board. 2-2-3: The meeting schedule has been updated to reflect current meeting practices of the lake management board. 2-3-6: Similar to the plan commission/zoning board provision of 2-1-5, this provision was updated to add a reference to statutory procedures to be consistent with the board of fire and police commissioner statute that requires that a hearing and a particular process be followed in removing members. 2-8-1: This section was updated to reflect the recent parks and recreation ordinance adopted by the Board last February. 2-9, 2-10, and 2-11: The parkland development committee and economic development commission chapters were repealed some time ago and references were eliminated. A separate grant committee does not currently exist so this chapter has also been eliminated. Business Regulations

Title 3

3-1-1D: This was modified to replace specific utility company names with a more generic reference. 3-1-2, 3-1-3, and 3-1-4: These sections were deleted as the Village is not currently authorized to impose (nor does it impose) a non-home rule municipal sales tax. This tax cannot be adopted or imposed without a referendum, which the Village has not conducted. 3-2-2: The definition of alcoholic liquor has been revised to use the statutory definition.

CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. FEBRUARY 15, 2012 Page 5 3-2-4B, 3-2-4C, 3-2-4E: These sections have been updated to reflect a number of ordinances passed over the past year or so modifying the classifications for liquor licenses. 3-2-4D: This section has been updated to add Bassett training requirements to be consistent with current Village requirements. 3-2-5A2: This provision was revised to reflect current state law on restrictions on sales of alcoholic beverages. 3-2-6C: This section has been revised to delete specific sanitary restrictions on liquor license establishments to be consistent with current law that provides that these health and sanitary regulations are under the jurisdiction of the county health department, not the Village. 3-2-8: This section was added to be consistent with the new social hosting ordinance. 3-2-9: This section was revised to remove the requirement that 5 residents file a complaint with the liquor commission alleging any violation and instead provides that any person may file a complaint to be consistent with state liquor laws. 3-4-3: The solicitation permit procedure has been modified to allow the clerk to issue permits for governments (school districts, fire departments, etc) and non-profit organizations and other permits require board approval. Also, no fee is charged to non-profits and governments. 3-4-3H: This section was added to allow an organization to apply for an annual permit for all solicitation activities within a one year period, consistent with the Zoning Code provisions allowing annual permits. 3-6-3: The garage sale regulations have been updated to reflect changes approved by the Village in the Zoning Code update. Chapter 7, Raffles: The raffles chapter has been updated to provide that the clerk is authorized to issue raffle permits rather than requiring Board approval. Changes were also made to the bond requirement to address raffles where the prize amount is not known at the time an application is filed. In addition, the $5.00 raffle fee was eliminated since it had been waived consistently in the past. The provisions requiring unanimous approval of the raffle organization for a bond waiver has been eliminated as it was confusing and has been misinterpreted in the past instead, the Board of Trustees is authorized to vote on a bond waiver.

The Village Board will review Titles 1-3 at its next meeting on February 23, 2012.

CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON