Village of Bolingbrook Board of Trustees met July 25.
Here are the minutes provided by the board:
CALL TO ORDER:
The Regular Meeting of the Mayor and Board of Trustees of the Village of Bolingbrook was called to order at the hour of 7:30 p.m. on July 25, 2023, in Bolingbrook, Illinois, by Deputy Mayor Michael T. Lawler.
PLEDGE OF ALLEGIANCE:
Deputy Mayor Michael Lawler requested Pam Hirth, to lead the pledge to the Flag.
ROLL CALL:
Village Clerk, Martha M. Barton, called the roll:
Present were: Deputy Mayor Michael T. Lawler, Trustees Maria A. Zarate, Michael J. Carpanzano, Jose Quintero, Troy J. Doris, and Jean M. Kelly.
Absent: Mayor Mary S. Alexander-Basta
Also present were:
Village Clerk, Martha M. Barton; Village Attorney, Burt Odelson; Co-Administrator, Ken Teppel; Finance Director, Rosa Cojulun; Director of Public Works, Andres Orrego; Police Chief, Michael Rompa; Chief Information Officer, James Farrell; and Fire Chief, Jeff LaJoie.
Absent: Co-Administrator Lucas Rickelman, and Director of Community Development, Matt Eastman.
JOURNAL OF PROCEEDINGS:
Motion Kelly, second Zarate to approve the minutes of the regular meeting of July 11, 2023, as submitted by the Village Clerk.
Voice vote. Motion carried.
APPROVAL OF AGENDA/ADDITIONS:
Village Attorney Odelson indicated that there were no additions or corrections to the Agenda.
Motion Quintero, second Doris to approve the Agenda as presented.
Voice vote. Motion carried.
APPROVAL OF APPOINTMENTS - BOARDS AND COMMISSIONS: None
PROCLAMATIONS:
None
PUBLIC COMMENTS:
Before taking public comments, Deputy Mayor Lawler provided some historical background and perspective that led to the consideration of any cannabis operations in Bolingbrook. He explained that, once the State of Illinois made cannabis legal, the Village's first position was to wait to see how the availability of a cannabis dispensary played out in the surrounding communities who had them.
Once more data was available, applications for a dispensary were reviewed by staff to ensure that the operation meets all federal, state, and local statutes. The application was then reviewed by the Planning Commission (which is made up of trustees and residents), who then makes a recommendation for approval or denial. If recommended for approval, the application then comes before the board of trustees.
If approved by the board of trustees and a license is issued, once the business is in operation it is continually monitored for compliance. This is true of liquor and tobacco license holders, as well. The Village can also consider on an ongoing basis if adjustments need to be made.
Attorney Odelson added that state law has many prohibitions for municipalities regarding cannabis operations. The Village took state law as a model, and then added additional restrictions, such as (but not limited to):
It is unlawful for cannabis operations to engage in advertising.
They must enter into an "impact statement" with the Village that goes above and beyond state statute, requiring over 100 hours of volunteering and contributions to the community.
The highest level of vetting to ensure the business complies with both state law and the Village's ordinances, both initially and ongoing.
The following residents made comments in opposition to Ordinance 23-028 Approving a Special Use Permit for a Cannabis Dispensary and an Impact Agreement for "Cookies", 190 S. Weber Road in Bolingbrook:
Pam Hirth; citing a personal reason, plus her opinion that the proposed dispensary did not meet the criteria of need, safety, benefit to the community, and hours of operation.
Teresa Carrillo; citing a personal tragedy, plus reports of increased pediatric accidental poisonings, prenatal and birth defects, and vehicular accidents due to cannabis use; location near a residential area, and the business name "Cookies" targeting youth.
Osman Meah; citing the Muslim position against the use of cannabis, plus the location of the dispensary adjacent to mosque property.
Brian Hanney; citing that a second cannabis dispensary adds nothing of value to the community, his concern that surrounding property values will be adversely affected, and his view that it is not consistent with the "heart of the residents" to approve it.
BILL APPROVAL:
Motion Carpanzano, second Doris to approve expenditures submitted as:
Bill Listing A Payables in the amount of $1,597,149.11
Bill Listing B- Prepaids in the amount of $3,162,859.11
Total: $4,760,008.22
(Copies were made available in the Finance Department, Clerk's Office, and on the Village website.)
ROLL CALL: Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
TAX RECEIPTS:
May 2023 State Income Tax: $1,110,986.00 a 33.23% Increase from a Year Ago
April 2023 Sales Tax: $3,378,977.00 a 4.3% Decrease from a Year Ago
May 2023 Motor Fuel Tax: $266,976.00 a 8.1% Increase from a Year Ago
April 2023 State Administrative Fee: $27,541.00
MOTIONS:
MOTION TO AMEND RESOLUTION (23R-047) AND (23R-048) TO REPLACE THE WORDS "ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY" WITH "HERITAGE CORRIDOR CONVENTION AND VISITORS BUREAU"
Motion Kelly second Zarate to accept a motion to amend resolution (23R-047) and (23R-048) to replace the words "Illinois Department of Commerce and Economic opportunity" with "Heritage Corridor Convention and Visitors Bureau"
The Village approved these two projects at its last meeting. The IDCEO is funding the projects and giving the money to the Heritage Corridor Visitor Bureau to disperse. Therefore, the agreement will be between the Village and the HCCVB. This motion amends the Resolutions to reflect same.
Trustee Carpanzano commented that on August 3rd there is an event scheduled at the Promenade celebrating the anniversary of Heritage Corridor, so residents will see some of this investment there. Co-Administrator mentioned that there is also a project to be held out front of Village Hall celebrating the anniversary.
ROLL CALL:
Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
CONSENT AGENDA
PC 23.04 Approval of a Special Use Permit for a Commercial Recreation Facility, American Martial Arts Academy, 107 W. Boughton Road, Suite B, Chang Hyun An, Applicant
PC 23.05 Approval of a Special Use Permit for a Cannabis Dispensary, Cookies, 190 S. Weber Road, Dennis Jaboro and Carmen Rossi, Applicant
Motion Doris, second Carpanzano
Roll Call vote: Motion carried
RESOLUTIONS:
RESOLUTION 23R-064
AUTHORIZING CONTRIBUTION TO COMMUNITY SERVICE COUNCIL OF NORTHERN WILL COUNTY FOR FAMILY AND INDIVIDUAL CLINICAL COUNSELING:
Motion Quintero, second Carpanzano to adopt a resolution authorizing contribution to Community Service Council of Northern Will County for Family and Individual Clinical Counseling.
This is the village's annual 2023/2024 budgeted contribution. This is for counseling services for Bolingbrook residents. The total cost is $32,000.00.
ROLL CALL: Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
RESOLUTION 23R-065
APPROVING THE EXECUTION OF A MASTER SERVICES AGREEMENT AND TASK AUTHORIZATION NO. 1 FOR PROFESSIONAL SERVICES BETWEEN HBK ENGINEERING, LLC AND THE VILLAGE OF BOLINGBROOK, ILLINOIS:
Motion Zarate, second Kelly to adopt a resolution approving the execution of a Master Services Agreement and task authorization No. 1 for professional services between HBK Engineering, LLC and the Village of Bolingbrook, Illinois.
This is the professional services agreement to hire HBK Engineering to put together bid packages and oversee the smoke testing, televising and repairs to the east side sanitary sewer system. This is a multi-year program and this year the testing and televising will be in area #8 and completing repairs on sanitary sewers and manholes. In addition, we will complete repairs identified in the 21'-22' in areas 1, 2 and 2A which were unable to be completed due to insufficient funds. The total cost for engineering will be $81,000.00. Reviewed and approved by Public Services Committee.
ROLL CALL: Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
RESOLUTION 23R-066
APPROVING THE EXECUTION OF A MASTER SERVICES AGREEMENT AND TASK AUTHORIZATION NO. 2 2 FOR PROFESSIONAL SERVICES BETWEEN HBK ENGINEERING, LLC AND THE VILLAGE OF BOLINGBROOK, ILLINOIS- (SUBJECT TO ATTORNEY APPROVAL):
Motion Kelly, second Carpanzano to adopt a resolution approving the execution of a Master Services Agreement and task authorization No. 2 for professional services between HBK Engineering, LLC and the Village of Bolingbrook, Illinois (Subject to Attorney Approval)
This is the professional services agreement to hire HBK Engineering to put together bid packages and oversee the smoke testing, televising and repairs to the east side sanitary sewer system. This is a multi-year program and this year the testing and televising will be in area #3. This work is being funded through an ARPA grant from Will County. The total cost for engineering will be $60,000. Reviewed and approved by Public Services Committee.
ROLL CALL: Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
RESOLUTION 23R-067
APPROVING PAYMENT TO THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES PERMITS, SLUDGE GENERATOR PERMIT AND STORMWATER PERMIT (MS4) ANNUAL FEES TO IEPA):
Motion Carpanzano, second Zarate to adopt a resolution approving payment to the Illinois Environmental Protection Agency (IEPA) for national pollution discharge elimination system (NPDES Permits, sludge generator permit and stormwater permit (MS4) Annual Fees to IEPA):
This Resolution approves the annual payment to the Illinois Environmental Protection Agency for a NPDES permit. The permit is for the National Pollutant Discharge Elimination System and covers the Village's three sanitary sewage treatment plants and the stormwater collection system. The total cost is $48,500.00. Reviewed and approved by Public Services Committee.
ROLL CALL: Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
RESOLUTION 23R-068
APPROVING A ROAD MAINTENANCE AGREEMENT WITH THE BELLA VISTA HOMEOWNER'S ASSOCIATION:
Motion Quintero, second Kelly to adopt a resolution approving a road maintenance agreement with the Bella Vista Homeowner's Association.
The Village will handle street sweeping and maintenance of the roadway surface only. The Homeowner's Association is still responsible for maintenance of streetlights, curbs, sidewalks, parkways, underground utilities of their private roads, including snow plowing. The agreement is for 20 years and can be terminated by either party with 90 days' notice.
Trustee Carpanzano commented that he and Trustee Kelly (and later included Mayor Basta) visited the location and met with residents; indicated that he clearly understood their frustrations, and is happy that this is being resolved for them.
ROLL CALL: Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
ORDINANCES
ORDINANCE 23-027
APPROVING SPECIAL USE PERMIT FOR A COMMERCIAL RECREATION FACILITY - AMERICAN MARTIAL ARTS ACADEMY (107 W. BOUGHTON ROAD, SUITE B): Motion Carpanzano, second Kelly to pass an ordinance approving Special Use Permit for a Commercial Recreation Facility - American Martial Arts Academy (107 W. Boughton Road, Suites B):
The special use is for a martial arts studio. This will be a premier martial arts studio open to all ages. The hours of operation will be Monday through Friday, 11:00 a.m. to 9:00 p.m., 9:00 a.m. to 2:00 p.m. on Saturday and closed on Sunday. Reviewed and approved by Plan Commission.
ROLL CALL:
Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
ORDINANCE 23-028
APPROVING A SPECIAL USE PERMIT FOR A CANNABIS DISPENSARY AND AN IMPACT AGREEMENT (COOKIES) - 190 S. WEBER ROAD:
Motion Doris, second Carpanzano to pass an ordinance approving a Special Use Permit for a Cannabis Dispensary and an Impact Agreement (Cookies) - 190 S. Weber Road:
The applicant is seeking a special use for a cannabis dispensary. The dispensary would be licensed by the State to procure cannabis from licensed establishments for the purpose of selling or dispensing cannabis and cannabis related products to purchasers or qualified medical patients and caregivers. The use would require a photo ID to enter and be limited to those customers over the age of 21 in accordance with state statute. Per the applicant, the hours of operation would be 9:00 a.m. to 10:00 p.m., seven days a week. Reviewed and approved by Plan Commission.
Trustee Carpanzano commented that he appreciated the remarks made by the residents who shared their comments and concerns, and as a parent of two small children, he shares their concerns. He indicated that after reviewing the application he saw how the applicant's branding is across the country is classic. He assured residents that he is committed to watching and observing going forward to ensure they are in compliance. He thanked those residents who attended the meeting, and encouraged them to attend a Planning Commission meeting to see the vetting process.
Deputy Mayor Lawler also thanked the residents who came out to the meeting and those who reached out to him individually, and assured them the Village will be watching.
ROLL CALL: Yea 6 Carpanzano, Doris, Kelly, Lawler, Quintero, Zarate
Nay 0 None
Absent 0 None
Abstentions 0 None
Motion carried.
PUBLIC COMMENTS/QUESTIONS FROM THE AUDIENCE/PRESS: None
COMMENTS AND REPORTS:
TRUSTEE ZARATE:
Thanked all who supported the Heart Haven Outreach (H2O) golf outing: volunteers, sponsors, participants, donors.
Congratulated her son and daughter-in-law on their new son, Alexander.
TRUSTEE CARPANZANO:
Announced that registration for the Pathways Parade on September 10th is now open. This year's theme is "Rock 'n Roll Beach Party". Contact the Civic and Cultural Affairs committee to register.
TRUSTEE DORIS:
Announced the Taste of Bolingbrook on Saturday, August 12th at the Promenade from 11:00 a.m. to 9:00 p.m., hosted by the Bolingbrook Area Chamber of Commerce, which is seeking volunteers.
Thanked the residents who appeared at the board meeting, specifically mentioning that he appreciated Mr. Brian Hanney's concerns and the community engagement regarding this issue. He expressed that while he understands the concerns of the residents, he also feels that he needs to be responsive to the needs of the businesses and their desire to do business here, acknowledging the duality of that position.
TRUSTEE KELLY:
Reminded residents of the upcoming Street Market and Concert at the Promenade on July 27th
TRUSTEE QUINTERO:
Echoed the sentiments of other trustees in that he also is a father of two teenagers, indicating that the decision whether or not to approve the second dispensary was a difficult one, and that he appreciated those residents who attended the board meeting. Mentioned the Illinois Department of Employment Security's Job Fair on July 27th at the Community Center.
Acknowledged Joshua Durkowicz, a 2012 graduate of Bolingbrook High School, competing successfully on the Favorite Chefs show.
Mentioned that the Lions Club will be holding vision screenings at the Street Market at the Promenade on July 27th.
TRUSTEE LAWLER:
Reminded residents of the Village of Bolingbrook's Concerts on the Hill on Wednesdays; "Soul to the Bone" will be the featured band on the following night.
• Again thanked the residents who attended the meeting, and assured them that the Village will be doing its due diligence regarding the new cannabis dispensary.
EXECUTIVE SESSION: None
ADJOURNMENT:
Motion Quintero, second Zarate to adjourn the meeting.
Voice Vote. Motion carried and meeting adjourned at 8:26 p.m.
https://www.bolingbrook.com/vertical/sites/%7B55EB27CA-CA9F-40A5-A0EF-1E4EEF52F39E%7D/uploads/Board_Meeting_Minutes_July_25_2023.pdf
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