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Village of Maryville, Illinois

Description Public Hearing #2 - Establish SSA #4
Date9/7/2005 Location Council Chamber
Time Speaker Note
6:16:06 PM Gulledge Called the second public hearing of Wednesday, September 7, 2005 to order. He explained the purpose of the hearing is to discuss questions or comments regarding establishing Special Sewer District #4 in the Bauer Lane Subdivision. He explained there would be 35 minutes allotted for the discussion and outlined the procedure for speaking. He then explained a little about the project. He explained the Board is not taking a position on the subject, but is leaving the matter up to the residents of the Subdivision to decide if the majority is in favor of the sewers. He introduced Village Attorney, Steve Wigginton and Village Engineer, Charlie Juneau and opened the hearing to the public for questions or comments.
6:19:08 PM Gene Ross Asked when the project will happen.
6:19:21 PM Gulledge Answered that the first procedure is tonight's hearing, at which the Board will take into account the comments made. Explained if the Board votes to proceed with the District, the ordinance will not take effect for 60 days. Within that period of time, any resident that does not want the sewers can circulate a petition. Explained if 51% of the registered voters and property owners sign the petition, it will nullify the Special Sewer District. Explained the Village can provide forms for this purpose. Explained that the matter is not under the jurisdiction of Village Clerk Long, but is done at the County Level. In response to the original question, he stated if all went well, the project would start sometime around the end of next year. He referred to Juneau for comment.
6:20:43 PM Juneau Stated the project will take at least one year. Explained the Village would try to obtain an IEPA loan, which is the lowest interest rate available for such a project. Explained the cost estimate uses an interest rate of 2.6% for twenty (20) years. Explained the process of reports to the EPA, and the responses involved. Explained this process has been done twice before: Once for the Patty and Anthony Drive area, and also for the Lynn Hi Terrace area.
6:21:33 PM Ross Asked if this will affect all residents of the subdivision.
6:21:38 PM Gulledge Referred to the handout, which illustrates the properties affected by this proposal.
6:22:06 PM Terry Ward Stated she resides at 403 Bauer Lane. Asked how it was determined where to start.
6:22:32 PM Gulledge Explained there is a lift station relatively close to the Bauer Lane area. Explained that is the way in which the sewers would get back for treatment to the Village's regular sewer system, and on to Collinsville's system. Explained that the proximity of this station lessens the cost of the sewers. Also, the Village reviewed the survey information submitted from the residents, and determined the project had the best price available, and also the best possibility for approval.
6:23:17 PM Ward Asked how a resident could obtain a list of all affected voters and property owners.
6:23:51 PM Gulledge Answered he has the list of all the property owners to whom the information was sent, which he will provide. He can also provide instructions for a starting point to the procedure for defeating the proposal.
6:24:11 PM Ethel Corrie Stated she resides at 1010 Jacquelyn Court. Asked why some residents of the street are in the Special District, and others, including her, are not.
6:24:38 PM Gulledge Answered the reason is because of the gravity pull of the sewer. Explained the proposal extends as far as it can. Explained that if the entire area was to be included, another lift station would be needed at Forest Drive.
6:25:09 PM Corrie Asked if a decision is made later to connect the rest of the residents to the sewer, will it cost those residents more at that time. Added the question of whether the opportunity for connection would become available.
6:25:42 PM Gulledge Answered that this project is just a start, and hopes the opportunity becomes available to everyone eventually. He was not sure there was answer to the question of future cost. He explained the need for another lift station.
6:25:57 PM Craig Sudholt Stated he resides at 1100 Jacquelyn Court. Stated that several years ago when sewers were discussed, his residence was not affected by the lift station issue. Asked if the situation has now changed.
6:26:53 PM Juneau Explained it is a matter of getting the easements to be able to get over to Sudholt's residence. Explained that easements between houses must be obtained to get to his residence.
6:27:17 PM Sudholt Asked if those residents already have sewers wouldn't they already have given the easements.
6:27:49 PM Juneau Referred to the easement area with a Power Point presentation and explained there are none between the houses. Explained that the original proposal to which Sudholt referred was sewer access from behind his property. Explained the current proposal would require access from across the street, serving his property from the front, and there are no easements between houses to be able to accomplish this. Explained that in order to access the sewer as Sudholt was proposing, another lift station would be needed. Stated that originally a lift station in that area was proposed, but there was not enough participation within the Jacquelyn Court area to make it cost effective. Explained that in looking at the responses received from the residents, the Village had to settle on an area that included at least 51% of the residents that wanted the sewers. The current proposed area met that test.
6:30:02 PM Sean Burnham Resides at 1105 Saddlewood. Stated that, speaking for the Saddlewood residents, asked if there was an opportunity to break-off the Saddlewood area and determine whether 51% of the Saddlewood residents wanted this plan.
6:30:36 PM Gulledge Answered there were some people that did not return any information. Stated based on the information submitted, the opinion was equal at 50% for and 50% against.
6:30:54 PM Burnham Asked what would happen if it were determined that 51% of Saddlewood residents did not want sewers.
6:31:32 PM Gulledge Answered that the boundary line has been set. Explained the only way the proposal can be defeated is a back-door referendum.
6:31:42 PM Burnham Asked why Saddlewood is assessed a higher cost than everyone else due to the property values on Saddlewood. Stated his opinion that it should be a flat fee. He believes that the cost of his hookup is no different than any other residence in the plan, so the cost should not be higher just because of his house value. Stated his understanding that the argument is that the hookup increases the value of the home. Stated his opinion that this is not really true because the value assessed on the taxes is that much more, so when he goes to sell his home and buyers are looking at the real estate tax bracket, it is going to skew the taxes compared to other homes in the same price range.
6:33:19 PM Wigginton Responded that the Special Service Area Statute provides that it can only be done through a tax based on assessed valuation, it does not allow for a flat fee. Stated even if the Village wanted to provide a flat-fee basis, they could not due to Illinois Statute. The basis on assessed valuation is because it is the fairest way in the opinion of Illinois legislators. Explained that this will be the fourth Special Service Area that has been formed in the Village of Maryville. This vehicle is used in many municipalities throughout Illinois, not just for sewers but for streets, lighting and other public improvements.
6:34:40 PM Gulledge Stated the Village did explore the option due to the comments made at the first meeting. Stated if the Village were a "home-rule community", they could write their own rules; however the Village is a "non-home-rule community", so legally they have to follow the State statutes.
6:35:01 PM Brunham Asked about his privacy fence which runs across the back of his property where the easement is proposed. Asked what would happen to the fence and who would pay for any damage caused by contractors.
6:35:23 PM Wigginton Answered that anything put on an existing easement is done at the homeowner's own risk. If the fence is on the easement, the owner may have to remove it.
6:36:15 PM Randy Moore Resides at 924 Borri. Stated he is not happy with the way the Special District was formed. Stated at the original vote on the issue, he voted on the issue of having sewer, not on the issue of forming a special district. Stated his opinion that forming a district based on what is convenient for a pump station is not fair. Stated he does not agree with the burden being put on the residents to obtain a 51% vote against the project. Stated his opinion that a special vote should be put out regarding a special district.
6:38:07 PM Gulledge Responded that the State statute would not allow the Village to do this. Explained that the "vote" Moore is referring to was simply a questionnaire. Stated the majority of the residents in this area stated they wanted a special sewer district. Stated the Village would not have incurred the cost of the plan had they received information that the residents did not want sewers. Explained the Village is basing this ordinance on information obtained through questionnaires returned by area residents.
6:39:23 PM Wigginton Explained the burden placed on residents is by Illinois statute; the Village did not create this mechanism. The statute gives the residents who are affected by this the opportunity to defeat a tax rather than just have the Village impose it on them as most Villages can do in most other instances. Stated that when the entire neighborhood was surveyed, the opinion was not close. Stated there was a much greater percentage of residents for the proposal than against. Stated if the opinion had been very close, the plan would not have moved forward.
6:40:22 PM Moore Stated his opinion that the Board is misunderstanding his issue that the original vote was on sewers versus a special district. Stated the Village arbitrarily set up the district, and he believes that everyone in the district should be polled one last time.
6:40:52 PM Wigginton Answered that the project is already past the process of assessing interest. Stated they have already formed the boundaries, which they were required to do after careful consideration with the Village engineering staff. Stated that now, if it is established, the residents have sixty (60) days to get 51% of the electors and 51% of the homeowners to defeat the ordinance. Stated this is the law and it has to be followed.
6:41:41 PM Moore Reiterated his complaints.
6:42:13 PM Gulledge Explained the Board tried to answer his question as best they could. Explained the decision was not arbitrary, and the residents will have every opportunity to defeat the ordinance via a back-door referendum. Stated his intent to provide as much information as he can on the subject. Stated that in three prior proposals, one was defeated, illustrating that defeat can be accomplished.
6:42:40 PM Starzyk Resides on Johnny Drive. Stated after the first letter, his understanding was 51% of the total area approved the idea at a certain amount of possible cost. Stated now the district has been cut down to about one-fourth of what it started out to be. Asked if the cost will now go up.
6:43:15 PM Gulledge Answered no, based on what was learned through engineering and other estimates, the cost will actually be less per resident than it would have been if the entire area was included.
6:43:30 PM Starzyk Asked if Johnny Drive is now strictly excluded from the plan.
6:43:37 PM Gulledge Answered that it is for right now, but is not out of eventual plans. Stated the project would not be to this point had the Village not included the entire area's response. Explained there were certain areas where the Village did not have any easements, which of course would have run up the cost of the project.
6:44:26 PM Harold Oberkfell Resides on Oberkfell Drive. Commented the residents should be thankful they can get sewers. Commented he can't get sewers because area residents will not give the easements. Asked why is the decision for sewer on his street based only on easements.
6:45:27 PM Gulledge Answered, that for most of the people that live here, the sewers come out the back, which means most would need grinder pumps, some kind of lift mechanism, and the price goes up.
6:45:48 PM Oberkfell Commented that the Board is telling residents not included in the special district that they will be on septic the rest of their lives.
6:45:54 PM Gulledge Answered he hoped not. Commented that part of the problem is easements.
6:46:15 PM Oberkfell Asked how Third Street got a sewer
6:46:21 PM Gulledge Answered it was done years ago. Discussion was held between Gulledge and Oberkfell on the subject.
6:47:53 PM Kevin Dressel Resides at 1000 Lincoln Drive. Asked if they had the cost figures from the last proposal. Gulledge responded he could provide them. Dressel asked how much leeway is there for modifying the easements to allow for building a garage on his property.
6:48:31 PM Gulledge Answered the Village would be glad to talk with him. Commented that setting the boundaries would not have anything to do with his plans.
6:48:48 PM Dressel Asked, with respect to expansion, if any of the areas not currently included in the plan would be saving money by waiting to be included in the district in the future.
6:49:16 PM Gulledge Answered the Jacquelyn Court area would require a lift station, which will actually be more cost, not less. Stated he did not know about the other areas, namely the Bauer Lane area toward the east of the district. Stated the Village has never been able to obtain the easements in this area, so unless something drastically changes, he was not sure what the answer was.
6:49:50 PM Dressel Asked again for the prior estimate.
6:49:53 PM Gulledge Answered he does not have them at the meeting, but could get them for him. A citizen offered her copy of the figures. Gulledge asked Juneau to comment. While Juneau was reviewing the figures, Gulledge invited comments from the next person.
6:50:28 PM Kathy Bird Responded to Mr. Oberkfell's statement regarding septic tanks. Stated her mother has lived in the Village for 31 years and does not want sewers.
6:51:03 PM Fred Blume Resides at 903 Nelson Drive. Asked if the sewers will be deep enough to get basements on them.
6:51:28 PM Juneau Answered it will sewer whatever is coming out of your house right now. If there is no sewer drain in the basement currently, it may not take care of it. If the drain to the current septic is through the basement, the sewer hook up will take care of it.
6:51:48 PM Blume Asked if the assessed value of the house goes up, do the taxes go up as well.
6:51:52 PM Gulledge Answered yes.
6:52:04 PM Juneau Addressed the previous question: The tax rate was $1.22 per $100 of valuation before, and is now estimated at $1.00 for this area.
6:52:33 PM Harry Schenk Resides at 1005 Lincoln. Asked where the sewer will hook up to the house.
6:53:12 PM Juneau Referring to the diagram, he answered the sewer line would run along the back of the three houses in question. Schenk asked about the depth of the line. Juneau answered they will be at least three (3) to four (4) feet below the basement slab. Stated what is going out to the septic tank right now is what will be picked up by the sewer.
6:54:24 PM Gulledge Closed the hearing. Offered for the citizens to remain and wait until after the Board meeting to address any more questions or comments.

Respectfully submitted,

Thelma Long, Village Clerk

Produced by FTR Log Notes

The Village of Maryville