<< Back11.16.2010Local Issues Report - November 2010

• Will County: Stormwater Maintenance and Special Service Areas(SSAs) The Land Use Committee of the Will County Board proposed that Special Service Areas(SSAs) be a part of the County’s Stormwater maintenance ordinance. This would mean that, as an example, a developer could be required by the County to establish an SSA with a new development. The owners in that development would then maintain the SSA to deal with stormwater issues in the future. SSAs include a tax assessment on the property owners to address the needs/services. The main concern for property owners with this kind of proposal is that the SSA not be created automatically, with no input from owners in the designated SSA area.
  
  The Three Rivers Association of REALTORS(TRAR) Government Affairs program and IAR Legal Counsel reviewed this proposal and observed that it was not consistent with provisions of state law that ensure a public hearing and notice process in the creation of an SSA. Furthermore, the proposal lacked provisions for written or oral objections that must be allowed or submitted at the public hearing. This right to petition (support or object to the SSA) is key to the protection of basic property rights in the establishment of an SSA. These concerns were expressed to County staff and key elected officials by the Association of REALTORS. Although the Association is not an “advocate” of SSAs, it is acknowledged that an SSA may be an appropriate vehicle for a set of property owners to deal with challenges like stormwater maintenance. However, every potential owner in any proposed SSA should be able to petition and voice their concerns. This proposal will now advance to the County Board for likely approval in December, 2010.
  
  TRAR will continue to press for the inclusion of provisions that are similar to state law. IAR’s Advocacy Program: High Level of Involvement in Local Referenda Produce Great Election Day Results The Illinois Association of REALTORS® (IAR) Advocacy Program was involved in several Nov. 2 ballot measures that affect the real estate industry and private property rights. In six Cook County municipalities, IAR worked to inform voters of the pitfalls of home rule status. Home rule was defeated in Blue Island, Franklin Park, Indian Head Park, and Worth; it passed in Northfield and River Grove. Home rule units generally have significant powers to regulate real estate transfers through point-of-sale inspection programs, zoning certification, just to name a few. They can also assess impact fees on developers, impose “teardown” taxes and real estate transfer taxes.
  
  Voters soundly rejected the Village of Riverdale’s proposal (77% NO) to enact a transfer tax of $2 per thousand (of the sale price) imposed on the seller. IAR and the Mainstreet Organization of REALTORS® strongly opposed this measure. By a 2-to-1 margin, voters approved a REALTOR®-supported measure in Shorewood (Will County) for a one-cent sales tax sought by the village. REALTORS® supported this measure because it was coupled with property tax relief (a 25-percent rollback in the village’s portion of the property tax). Voters rejected a proposal by Sangamon County to pass a one-percent county-wide sales tax that would provide additional revenue for the county’s school districts and to provide property tax relief. The Capital Area Association of REALTORS® supported the measure, however 55 percent of voters opposed it, 45 percent voted in favor. Voters supported a REALTOR®-initiated advisory referendum in the Village of Bannockburn (Lake County) that asked voters whether to rescind an existing ordinance that requires a point-of-sale home inspection performed by the village. The North Shore-Barrington Association of REALTORS® initiated this ballot item and supports rescission of the ordinance. The issue might come before the village board in the future in light of the fact that voters supported rescission of the ordinance by a 3-to-1 margin. IAR and Local Associations Work to Bring Embry Riddle to Rockford The Illinois Association of REALTORS and Rockford Area REALTORS are hoping a $25,000 donation for promotion and public relations will help bring an Embry-Riddle Aeronautical University residential campus to Rockford.
  
  Sheryl Grider Whitehurst, President of the Illinois Association of Realtors, said Advocacy Program dollars are being used to “bring good economic development” to the area. More than 18,000 people have signed a petition in support of a Rockford campus at the airport at www.RockTheAir.com. Embry-Riddle’s board of directors will be presented information on proposed sites for the new campus on Nov. 12. Embry-Riddle has 30 undergraduate and several master’s degree programs at its two residential campuses. They include engineering, professional aeronautics, air traffic management, applied meteorology, space physics, homeland security, global security and intelligence studies. Its residential campuses in Daytona, Florida and Prescott, Arizona are also home to flight schools, which have a fleet of 93 planes. Peoria Considers Rental Property Licensure Two Peoria Councilmen are advocating for a new ordinance which will require licensure of rental property owners and possibly property managers. Presently, the City has a landlord registration program. This requires annual registration and a $25 fee. The purpose of that program is to enable the City to have a point-of-contact with owners in the event of emergencies, tenant complaints, building code violations. A licensure program would give the City additional enforcement power. The Peoria Area Association of REALTORS(PAAR) questions the need for a new set of regulations that could be imposed on all landlords in the City.
  
  PAAR representatives will soon be meeting with the two Councilmen who support this approach. Vernon Hills Moratorium on Non-Retail Uses In January, Vernon Hills Trustees imposed a moratorium on non-retail uses occupying vacant commercial spaces in certain areas to stem the loss of sales tax revenue. The Village also hired a consultant to analyze the types of retail and non-retail uses in the area and how the sales tax base could be protected. The REALTOR Association of Northwest Chicagoland(RANWC) opposed the moratorium RANWC asked that the Village not to extend the moratorium. RANWC sited the unfair financial strain on the property owners, that it would ultimately increase property taxes throughout the community, it increases vacancies in the Village, adversely impacts retail businesses, and does not fit with current planning and zoning trends. Upon review of RANWC's objections the number of affected properties later was reduced to cover the main shopping areas along Milwaukee Avenue and Route 60. Libertyville also passed a moratorium on non-retail uses but quickly lifted the ban in September after objections by RANWC and area business owners were heard and reviewed by Libertyville staff and Trustees. Vernon Hills is set to consider a renewal of the ban again in December.
  
  Illinois Association of REALTORS®
  
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