Memo Summarizing Titles 1-3 2.15.12

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A Professional Corporation140 South Dearborn Street, Suite 600Chicago, IL 60603www.ancelglink.com

Julie A. Tappendorf [email protected](P) 312.782.7606 Ext. 9182(F) 312.782.0943

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M E M O R A N D U M

To: Mayor and Board of Trustees

Village of Island Lake

From: Julie Tappendorf

Subject: Village Code Rewrite – Titles 1 - 3

Date: February 15, 2012

The Village Board directed that we review and prepared a draft comprehensive update to theVillage Code (“ Draft Code”). As you know, the Village Code is a compilation of all of theVillage’s regulatory ordinances, consisting of 10 titles. In January of 2010, the Village Boardapproved a comprehensive update to Title 9, the Village’s zoning ordinance. The remaining 9titles were subsequently scheduled for review and update. A few months ago, the OrdinanceCommittee reviewed the Draft Code at its meeting. The Department Heads have also reviewedthose chapters that pertain to their departments and recommended additional changes, whichhave been incorporated into the Draft Code.

Enclosed with this memorandum are revised Titles 1, 2 and 3 of the Draft Code. To assist theVillage in reviewing these three Titles, I have summarized below the key substantive changesfrom the current Village Code. I have also noted specific areas of these Titles that may requirefurther discussion or direction before finalizing certain provisions.

Please be advised that the “redline” version of Titles 1-3 provided to you with this memorandumdepicts both the changes we made to the Draft Code and language from various ordinances theVillage Board approved over the last year that had not yet been codified into the online versionof the Village Code.

OVERALL COMMENTS

• References to “he” or “him” were replaced with more gender neutral references. Other termsand provisions were updated to remove “legalease” terminology when possible.

• All fines, fees, and other charges have been consolidated into one schedule contained inChapter 16 of Title 1. You may recall that the Village first initiated this “Annual FeeOrdinance” schedule when it approved the new Zoning Code. This Chapter expands on thisto 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



ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. FEBRUARY 15, 2012

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schedule, with the schedule being referenced throughout. The use of an annual fee ordinancewill 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 Village’s fees, charges, and fines.

SPECIFIC TITLES

The following is a summary of the key substantive changes to Titles 1-3. Some of these issueswill require discussion by the Village Board. Others are simply summarized for yourinformation. In updating these Titles, a number of individual ordinances amending variousprovisions of the Village Code over the past year also had to be incorporated into the updatedTitles. 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 wascorrected in the update.

• 1-2-2: An out-of-date provision relating to public utility ordinances was deleted as it is nolonger 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 Ordinanceschedule 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 Illinoisappellate 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. Inaddition, language was added to reflect current Village policy that concurrent meetings onone 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. Theupdated 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 thislanguage now reflects the most recent ordinance approved by the Village Board.




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• 1-6-9: The electronic meeting attendance policy adopted by the Board last year has beenincorporated 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 toallow members to attend closed session meetings electronically. Some communities thatallow electronic attendance have restricted attendance at closed session because of theconfidentiality of these discussions that cannot be controlled if a member is attendingelectronically.

• 1-6-10: The most recent indemnification ordinance has been incorporated into the DraftCode.

• 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 acollector duty and to add the taking and keeping of board meeting minutes, which are part of the clerk’s duties under state statute.

• 1-7-3: Language concerning the Village Clerk’s 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 themost recent version of this section approved by the Village Board.

• 1-8A-9: Language has been added concerning the recent statutory requirement thatconservators of the peace must have state training.

• 1-8A-12: No changes were made to the annual leave language, but the Village shoulddiscuss whether this is consistent with current personnel policies and/or union contracts andwhether this would be more appropriately included in the personnel handbook rather than theVillage Code.

• 1-8A-13: The prevailing wage provision was out-dated as it referenced 2008 rates so thiswas revised to clarify that the current prevailing wages are those in effect in the Counties, asdetermined by the department of labor.

• 1-8B-1: Is there currently a village treasurer? If not, is there a need to retain theseprovisions in case one is appointed in the future?

• 1-8C: This section on the village attorney has been updated to reflect the most recentordinance passed by the Village Board.

• 1-8D: This section on legislative counsel has been added to reflect the ordinance adopted bythe Village Board last August.




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• 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, andother 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. Thefees 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 ithas 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 processbe 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 thelake management board.

• 2-3-6: Similar to the plan commission/zoning board provision of 2-1-5, this provision wasupdated to add a reference to statutory procedures to be consistent with the board of fire andpolice commissioner statute that requires that a hearing and a particular process be followedin removing members.

• 2-8-1: This section was updated to reflect the recent parks and recreation ordinance adoptedby the Board last February.

• 2-9, 2-10, and 2-11: The parkland development committee and economic developmentcommission chapters were repealed some time ago and references were eliminated. Aseparate grant committee does not currently exist so this chapter has also been eliminated.

Title 3 Business Regulations

• 3-1-1D: This was modified to replace specific utility company names with a more genericreference.

• 3-1-2, 3-1-3, and 3-1-4: These sections were deleted as the Village is not currentlyauthorized to impose (nor does it impose) a non-home rule municipal sales tax. This taxcannot 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.




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• 3-2-4B, 3-2-4C, 3-2-4E: These sections have been updated to reflect a number of ordinancespassed 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 consistentwith 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 licenseestablishments to be consistent with current law that provides that these health and sanitaryregulations 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 complaintwith the liquor commission alleging any violation and instead provides that any person mayfile a complaint to be consistent with state liquor laws.

• 3-4-3: The solicitation permit procedure has been modified to allow the clerk to issuepermits for governments (school districts, fire departments, etc) and non-profit organizationsand other permits require board approval. Also, no fee is charged to non-profits andgovernments.

• 3-4-3H: This section was added to allow an organization to apply for an annual permit for allsolicitation activities within a one year period, consistent with the Zoning Code provisionsallowing annual permits.

• 3-6-3: The garage sale regulations have been updated to reflect changes approved by theVillage in the Zoning Code update.

• Chapter 7, Raffles: The raffles chapter has been updated to provide that the clerk isauthorized to issue raffle permits rather than requiring Board approval. Changes were alsomade to the bond requirement to address raffles where the prize amount is not known at thetime an application is filed. In addition, the $5.00 raffle fee was eliminated since it had beenwaived consistently in the past. The provisions requiring unanimous approval of the raffleorganization for a bond waiver has been eliminated as it was confusing and has beenmisinterpreted in the past – instead, the Board of Trustees is authorized to vote on a bondwaiver.

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

Memo Summarizing Titles 1-3 2.15.12

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