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Minutes of Village Board Meeting - January 26, 2010
MINUTES OF VILLAGE BOARD MEETING President Patrick Brennan called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Members present: Rudy Martin, Ray Mason, Dennis Martin, Terry Houchens, Dick Parrish and Barry Thompson. Also present: Jim Grabowski – Village Administrator, Steve Pala – Assistant Village Administrator, John Harrington – Finance Director, Rob Tonarelli – Superintendent of Public Works, Doug Hayse –Police Chief, Justin Meyer – Deputy Police Chief, Steve Thornton – Building & Zoning Officer, Chris Spesia – Village Attorney and Sean Kelly – Village Engineer. Changes To Agenda – President Brennan stated that agenda item number 11H (Ordinance Amending Liquor Control to Reduce Class A3 Liquor Licenses) would be removed from the agenda and brought back for consideration at a later date. There were no comments or objections. Review of Minutes – Minutes of Village Board Meeting of December 16, 2009 were reviewed. Trustee Houchens moved, Trustee Thompson seconded the motion to accept the minutes of December 16, 2009 village board meeting as presented. Ayes: Mason, Thompson, Parrish, Houchens, D. Martin and R. Martin Nays: None Motion carried. Bills and Transfers – Trustee D. Martin moved, Trustee Houchens seconded the motion to approve the Bills and Transfers as presented. Ayes: Thompson, R. Martin, Parrish, D. Martin, Mason and Houchens Nays: None Motion carried. Treasurer's Report – Trustee D. Martin moved , Trustee Parrish seconded the motion to approve the Treasurer's Report as presented. Ayes: Houchens, Parrish, D. Martin, Mason, R. Martin and Thompson Nays: None Motion carried. Public Forum – President Brennan opened public forum at 7:04 p.m. No one came forward. Consent Agenda – Mr. Grabowski read each item listed on the Consent Agenda and noted that all had been discussed at the Committee of The Whole and were recommended for approval by the Board. Trustee Thompson moved, Trustee Parrish seconded the motion to approve the consent agenda. Ayes: Parrish, R. Martin, Thompson, Houchens, Mason and D. Martin Nays: None Motion carried.
Resolution Approving Execution of an Agreement with
Grundy County Animal Control for Services
(2010R-1268) Old Items – there were no old items to be considered. New Items – Appointment of Freedom of Information Act Officers – Mr. Grabowski noted that due to recent changes in the Freedom of Information Act, the Village was required to designate one or more officials or employees to act as a FOIA officer. He further explained that the duties were to receive requests for information submitted to the municipality and to respond in a timely manner. Trustee Thompson moved, Trustee Mason seconded the motion to appoint Village Clerk - Mary Ray, Police Chief - Doug Hayse as Primary Village FOIA Officers and Village Administrator - James Grabowski and Police Office Coordinator - Katie Cravens as Secondary FOIA Officers. Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson and Mason Nays: None Motion carried. Resolution Authorizing Execution of a Stipulated Agreement with the Illinois Commerce Commission for the McLindon Road Rail Crossing – Mr. Grabowski stated that the agreement with ICC would make safety improvements by placing crossing gates at the intersection of the CSX railroad crossing and McLindon Road. The Village has jurisdiction of the road at the crossing, and will share funding for the project with the ICC, IL Dept. of Transportation and the CSX Railroad. Trustee Thompson moved, Trustee Houchens seconded the motion to pass Resolution #2010R-1273 Authorizing Execution of a Stipulated Agreement with the Illinois Commerce Commission for the McLindon Road Rail Crossing. Mr. Grabowski described the total cost and the breakdown of the project, stating that it was expected to be $543,289 with the ICC portion of the cost at $238,159, IDOT’s share would be $227,471, CSX’s share is $563 and the Village would pay $77,096. Hearing no further comments or questions, President Brennan called for a vote on the motion. Ayes: D. Martin, Houchens, Thompson, R. Martin, Mason and Parrish Nays: None Motion carried. Resolution Authorizing Execution of a Local Agency Agreement for Federal Participation in American Recovery and Reinvestment Act – Mr. Grabowski explained that the agreement was for Federal participation in the Ridge and McEvilly Roads streetlight project and would allow the Village to receive stimulus funds under the ARRA. The project would place streetlights along the east side of Ridge Road, from the railroad viaduct south to McEvilly Road and along McEvilly Road from Ridge Road east to Wabena Ave. The majority of the funding ($169,700) would come from the ARRA. The agreement is necessary to continue the process because the project will be bid/let through IDOT. The remainder of the cost will be shared by the Village, Grundy County Highway Dept. and School District #201 with each one paying $19,000. Trustee Thompson moved, Trustee Parrish seconded the motion to pass Resolution #2010R-1274 Authorizing Execution of a Local Agency Agreement for Federal Participation in American Recovery and Reinvestment Act. Ayes: Mason, Thompson, Parrish, Houchens, D. Martin and R. Martin Nays: None Motion carried. Resolution Authorizing Execution of an Intergovernmental Agreement with Grundy County for Street Light Installation and Maintenance on Ridge and McEvilly Roads – Mr. Grabowski stated that this resolution and the next one were related to participation in the above mentioned American Recovery and Reinvestment Act project. The first one confirms that the Village would be responsible for installation and maintenance of the lights, and also moving them if need be in the future. The County has agreed to contribute $19,000 to the project. Trustee Thompson moved, Trustee Mason seconded the motion to pass Resolution #2010R-1275 Authorizing Execution of an Intergovernmental Agreement with Grundy County for Street Light Installation and Maintenance. Ayes: Thompson, R. Martin, Parrish, D. Martin, Mason and Houchens Nays: None Motion carried. President Brennan remarked that he wanted to thank Grundy County and Minooka School District #201 for their partnership and great cooperation getting the project accomplished. He reported that he would be attending the school board meeting to personally thank them. Resolution Authorizing Execution of an Intergovernmental Agreement with Minooka Elementary School District 201 for Street Light Installation and Maintenance – Mr. Grabowski stated that the agreement confirms that the school district will contribute $19,000 to the project. Trustee Thompson moved, Trustee Parrish seconded the motion to pass Resolution #2010R-1276 Authorizing Execution of an Intergovernmental Agreement with Minooka Elementary School District 201 for Street Light Installation and Maintenance. Ayes: Houchens, Parrish, D. Martin, Mason, R. Martin and Thompson Nays: None Motion carried. Ordinance Amending Municipal Code Title 8-5, Abandoned and Wrecked Vehicles – Mr. Grabowski noted that there had been a change in the law, effective January 2010 allowing municipalities to amend their ordinances regarding abandoned and wrecked vehicles. Minooka’s ordinance, written in 1966, had never had any amendments. He explained that the ordinance allowed for greater definition of abandoned vehicles, gives the Police more authority to remove and impound them, and a procedure to dispose of them. Trustee Mason moved, Trustee Parrish seconded the motion to pass Ordinance #2010-07 Amending Municipal Code Title 8-5, Abandoned and Wrecked Vehicles. Trustee Houchens stated that he thought he had made his position on this very clear throughout the process. He stated that he had a philosophical problem with the Village being allowed to go on private property and remove vehicles that they deem abandoned, from residents who pay their property taxes just because they don’t like the look of it. He added that if the vehicle posed a safety issue, that would be different. He suggested changing the ordinance. President Brennan stated that residents would get a total of 37 days notice to move vehicles before they would actually be towed. Trustee D. Martin added that if the vehicle was registered to the homeowners address, it would be a titled vehicle, not an abandoned one. Chris Spesia noted that the time period really gets extended further than that because we would have to seek a court order to prosecute before a vehicle could be towed off private property. He added that process could take up to 90 days. Trustee D. Martin stated that he felt Chief Hayse who must give the initial 30 day notice would use his judgment and discretion when issuing them. Trustee Thompson asked for an explanation of the 7 day notice. Mr. Spesia replied that it was used when the property owner was not the owner of the vehicle. Chief Hayse added that typically it is used when a vehicle is abandoned on public property or a parking lot of a business or apartment building. Trustee Houchens remarked that he didn’t have a problem with that but he does have a problem when the Village can go on private property and take a vehicle that is owned by the people at that address, but may not be registered or tagged. It doesn’t matter to him how long it takes to get the authority to do it; the government shouldn’t have the right to go in and take it, and he would not change his mind. Hearing no further questions or discussion, President Brennan called for a vote on the motion. Ayes: Parrish, R. Martin, Mason and D. Martin Nays: Thompson and Houchens Motion carried. Ordinance Amending Title 8, Chapter 7, Vehicle Seizure and Impoundment – Mr. Grabowski stated that the amendment would add a tow fee to the ordinance to cover administrative costs at $250. Following discussion of section numbers of municipal code affected by this amendment, Trustee Houchens moved, Trustee Thompson seconded the motion to table consideration of the ordinance amending Title 8, Chapter 7, Vehicle Seizure and Impoundment until the next Village Board meeting. Ayes: Mason, Thompson, Parrish, Houchens and R. Martin Nays: D. Martin Motion carried. Ordinance Amending Municipal Code Title 3-4 Liquor Control, Class A4 License – Mr. Grabowski stated that the current ordinance allowed the sale of wine only and the amendment would also allow beer. The Liquor Commission had met and recommended approval. Mr. Grabowski further explained that the request was from Bean Encounters who currently holds an A4 license. The Commission also recommended that the amendment, written to allow beer only in containers with none allowed on tap, be altered to allow this as well. Trustee Thompson moved, Trustee Parrish seconded the motion to pass Ordinance #2010-08 Amending Municipal Code Section 3-4, Liquor Control Class A4 License striking 3-4-6(E2) which prohibits beer being sold on “tap” or from a keg or barrel. Trustee Houchens asked if this amendment would also allow beer to be sold for consumption off premise. Mr. Grabowski replied that no, it only allowed wine to be sold for consumption off premise, not beer. Hearing no further questions or discussion, President Brennan called for a vote on the motion. Ayes: D. Martin, Houchens, Thompson, R. Martin, Mason and Parrish Nays: None Motion carried. Staff Reports – Administrator Grabowski noted that the four people appointed as FOIA Officers were going to attend a training in Joliet the following Thursday.
Liquor Commission Report – Chairman
Brennan had nothing to report. Executive Session - President Brennan announced that there was a need for an executive session and entertained a motion. Trustee Thompson moved, Trustee Parrish seconded the motion to go to executive session at 7:33 p.m. to discuss personnel, possible or pending litigation, land acquisition and collective bargaining. Ayes: Thompson, R. Martin, Parrish, D. Martin, Mason and Houchens Nays: None Motion carried. Trustee Mason moved, Trustee D. Martin seconded the motion to return to regular session at 9:14 p.m. Ayes: Thompson, R. Martin, Parrish, D. Martin, Mason and Houchens Nays: None Motion carried. President Brennan announced that there was action to be taken as a result of executive session and asked for a motion. Resolution Authorizing Execution of an Agreement – Trustee Parrish moved, Trustee D. Martin seconded the motion to pass Resolution #2010R-1277 Authorizing Execution of an Agreement Regarding the Change in Rank of a Police Officer. Ayes: Houchens, Parrish, D. Martin, Mason and R. Martin Nays: Thompson Motion carried. As Appropriate – Hearing no further comments or questions, President Brennan called for adjournment. Trustee Mason moved, Trustee Houchens seconded the motion to adjourn the meeting at 9:16 p.m. All voted yes, motion carried.
Mary L. Ray, Village Clerk
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