Ladders OK for large, above-ground pools in Darien
By Michael S. Hoey
Correspondent
Darien residents will need a permit to have a swimming pool this summer but will not be required to pay a fee and will be allowed to use a removable ladder in lieu of a fence for deep, above-ground pools. Fences will still be required for some inflatable pools, small pools and in-ground pools.
The Darien Village Board passed an ordinance amending its municipal code regulating swimming pools on the third attempt May 18. The board had discussed the ordinance at two previous meetings without taking a vote.
The ordinance originally came before the board April 27 as a result of concerns over the safety of temporary swimming pools in the village that do not have any fencing around them. Last summer three families received letters indicating they were violating village ordinance that requires a fence.
The board considered amending the existing ordinance to include several new classifications of pools, permit and fee requirements, and fencing requirements that included the option of using a removable ladder instead of fencing for large-frame hard-side or permanent above-ground pools. Building Inspector Fred Walling objected to allowing removable ladders, so the board sent the ordinance back to the Plan Commission for further consideration.
The board was presented with a new version of the ordinance that did not include the pool classifications or the removable ladder option at a special meeting May 6. The board sent that version back to the Plan Commission as well because, according to Administrator Rebecca Houseman LeMire, some members preferred the previous draft that clearly defined pool types and some board members were not comfortable removing the allowance for removable ladders.
The ordinance that was approved last week includes similar pool classifications to the original ordinance, allows removable ladders and requires pools to have permits but does not require a $40 fee.
The new ordinance defines five classifications of pools. Inflatable pools at least two feet deep, small frame or hard-sided pools, and in-ground pools require a permit and fence. In addition to permits and fencing that could be done by fence contractors, large frame or hard-sided pools at least four feet deep and permanent above-ground pools must have self-closing locks or a removable or lockable ladder.
“We had to leave some leeway for property owners to take responsibility for providing a safe environment for the community,” President Kurt Zipp said when asked why the board supported leaving in the removable ladder option.
Zipp said the village researched similar ordinances in other communities and felt the ordinance was in line with what they saw. He said a new tougher national standard for pool safety is being considered and the village can revisit the ordinance if it gets adopted with this ordinance serving as a good interim step.
Police citations down
LeMire presented the board with a report detailing police services data from 2010-15. According to the report, the number of citations issued by City of Delavan Police since taking over policing the village in 2013 has been lower than the rate under the village police department, resulting in lower revenue for the municipal court.
According to village data, 315 citations were issued in 2013, 320 in 2014, and 86 so far in 2015 by the Delavan Police Department. The Darien Police Department issued 829 citations in 2010, 1,019 in 2011 and 809 in 2012.
At the same time, municipal court budgeted revenues have declined from $60,000 in 2010 to $50,000 in 2011, to $47,000 in 2012 before the city was contracted to police the village. Revenue has declined further since, down to $40,000 in 2013, but was back up to $42,000 in 2014 and $43,500 budgeted for 2015.
Total expenditures for police services were $509,484 in 2010, $581,247 in 2011, $638,592 in 2012, $584,779 in 2013, $550,586 in 2014, and $187,430 so far for 2015.
LeMire concluded in her report that court revenue has been decreasing since 2013 and that the lower number of citations is likely one of the factors contributing to that decrease, though she wrote that more research is necessary into the types of citations being issued and whether they’re issued to juveniles or adults before any conclusions can be reached.
“However, it is clear that Municipal Court expenditures are outpacing revenues, which means it is being subsidized by the general fund,” she said.
Assistant Police Chief Jim Hansen said one reason for fewer citations is that the village is accustomed to having police officers sit at the edge of the village and write speeding tickets. Hansen said the city focuses more on other citations like disorderly conduct.
Hansen said the department needs to adjust to the village’s expectations and the department will work on it.
“We understand the village needs to budget and it has to be done in a fair equitable way,” Hansen said.
Chief Tim O’Neill said his department tries to match community norms, so knowing what those norms are is important to the department.
“We don’t do as much speed enforcement as the village is used to,” O’Neill said. “We focus more on other violations, but we will respond to whatever you want.”
Zipp said he doesn’t sense a perception that the village has become a racetrack or a desire to return to the days when Darien was a know speed trap, but he wants to find an equitable way to make sure the court can operate without taking from the general fund.
Agreement with town
The board took no action on approving an intergovernmental agreement with the Town of Darien for costs related to planned improvements to West Park. Village Attorney Brad Lochowicz said he sent two revisions to the town for its consideration and got the impression the changes might not be well received.
One change Lochowicz suggested is that the village and town each pay half of the costs of the improvements to the contractor directly as opposed to the village paying the entire cost and being reimbursed by the town later. The other change is that any grants or gifts received for the project would be equally credited to the village and the town rather than just the town.
The board decided to take no action until hearing from the town about the proposed changes.
Inspection code
The board will review its code regarding registration and property inspection requirements based on concerns expressed by property owner Rick Stacey. Stacey said the current code requires inspections that he says are an unnecessary burden to his tenants and him and he doesn’t think the requirements are fair since they do not apply to single-family rental properties.
Lochowicz said the code needs to be reviewed anyway because it is not compliant with recent state law changes. Code Enforcement Officer Shannon Markley was directed to research what changes should be made.
