Minutes of Village Board Meeting - June 29, 2010

MINUTES OF VILLAGE BOARD MEETING
TUESDAY, JUNE 29, 2010

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: John Harrington – Finance Director, Rob Tonarelli – Superintendent of Public Works, Steve Thornton – Building & Zoning Officer, Denis Tatgenhorst–Community Policing Officer, Chris Spesia – Village Attorney and Sean Kelly – Village Engineer.

Changes To Agenda – There were no changes to the agenda.

Review of Minutes – Minutes of Village Board Meeting of May 25, 2010 were reviewed. Trustee Mason moved, Trustee Thompson seconded the motion to accept the minutes of May 25, 2010 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 at the Committee of The Whole meeting and with the addition of those passed out at this meeting, totaling $704,426.70.
Ayes: Thompson, R. Martin, Parrish, D. Martin, Mason and Houchens
Nays: None
Motion carried.

Treasurer's Report – Trustee D. Martin moved, Trustee Houchens 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.

Jerry Davidson of Canal Road in Minooka commented that since the Village was going out to bid on the Wapella Street Park improvements, he thought it was wrong of them to say that it wouldn’t be used as a future location for Summerfest. He further stated that he thought it was a great location as there would be more room even for parking and a pavilion was planned. He also commented that he thought the restrooms should be part of phase 1, not phase 2 in the planning. President Brennan noted that the Parks Committee meeting was coming up and everyone was invited to attend to help in the planning process.

President Brennan closed the public forum at 7:05 p.m. and announced that there were awards to be given out. He invited Denis Tatgenhorst, the Village Community Policing Officer to come forward to present the awards to the winners of the Bicycle Rodeo held on May 15th. Officer Tatgenhorst asked for President Brennan and Trustee Parrish, a member of the Citizens Police Academy Alumni to come forward to assist him. He stated that the rodeo had been held as a bike awareness and safety program for the youth of the community. He said they had checked the youth’s bikes and instructed them in their safe handling and the wearing of helmets. There were 42 participants divided into two age groups: 6-8 year olds and 9-11 year olds. Officer Tatgenhorst announced the winners and asked them to step forward to accept their trophies. The winners were as follows:

6-8 year old group
1st place was a tie between Jack Altenburg and Matthew Munsell
2nd place was a tie between Jessica Zucek and Luke Coffel
3rd place was Shannon Tatro

9-11 year old group
1st place was Donald “DJ” Hilt
2nd place was Kyle McDonald
3rd place was Harley Young

Officer Tatgenhorst offered his congratulations to all the participants and winners and commended their families for conveying bicycle safety to the youth.

Consent Agenda – President Brennan read the titles of 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 as presented.
Ayes: Parrish, R Martin, Thompson, Houchens, Mason and D. Martin
Nays: None
Motion carried.

• Resolution Authorizing Pay Request #15 to Allied Landscaping for Minooka Streetscape (2010-R-1318)
• Resolution Accepting an Easement – Minooka School District #111 (McEvilly Road) (2010R-1319)
• Resolution Authorizing Execution of a Forbearance of Recapture Agreement (2010R-1320)
• Resolution Authorizing a Professional Services Agreement with Current Technologies Corporation (2010R-1321)
• Ordinance Amending Section 7-2-5B, “Collection of Garbage, Charges” (2010-21)
• Resolution Authorizing the Execution of a Purchase Agreement with an Electricity Supplier for Street Light Electricity (2010R-1322)
• Resolution Approving 2010 Motor Fuel Tax Road Improvement Program (2010R-1323)
• Resolution Approving Change Order #1 to D.E. Thompson Excavating Co. for Various Underground Public Utility Improvements (2010R-1324)
• Resolution Approving Pay Request #5/Final to D. E. Thompson Excavating Co. for Various Underground Public Utility Improvements (2010R-1325)
• Resolution Approving Change Order #1 to D.E. Thompson Excavating Co. for Rivers Edge Drive Reconstruction (2010R-1326)
• Resolution Approving Pay Request #5 to D. E. Thompson Excavating Co. for Rivers Edge Drive Reconstruction (2010R-1327)
• Resolution Authorizing Execution of a ComEd Lease for a Multi-Use Path (2010R-1328)

Old Items – There were no old items to consider.

New Items
Resolution Amending the Fiscal Year 2009/2010 Budget – President Brennan stated that the amendment was for General Fund, Waterworks & Sewerage Fund and Garbage Fund as discussed at the Committee of The Whole meeting the previous week. Trustee D. Martin moved, Trustee Houchens seconded the motion to pass Resolution #2010R-1329 Amending the Fiscal Year 2009/2010 Budget as presented.
Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson and Mason
Nays: None
Motion carried.

Resolution Approving Final Plat Revision, Plan/Zoning Case #2010-02 Consolidation of Lots 26 & 27, Westview Subdivision (701 & 703 O’Toole Drive) – Mr. Spesia noted that he had not received a copy of the proposed plat in his meeting packet and wanted the Board to be aware that at the Plan/Zoning Commission meeting, they had the consolidated plat numbered one and it was decided that would create confusion as there is already a lot number one in the subdivision. A revised plat naming it lot number twenty-six was supposed to replace it. Trustee Mason replied that they had gotten the revised plat. Trustee Mason moved, Trustee Mason Trustee D. Martin seconded the motion to pass Resolution #2010R-1330 Approving Consolidation of Lots 26 & 27 in Westview Subdivision into lot 26.
Ayes: D. Martin, Houchens, Thompson, R. Martin, Mason and Parrish
Nays: None
Motion carried.

Resolution Reducing a Letter of Credit and/or Bonds for Indian Ridge Phases 1, 2A, and 2B – Thompson moved, Trustee Parrish seconded the motion to pass Resolution #2010R-1331 Approving a Reduction of a letter of credit for Indian Ridge Phases 1, 1A, 1B, 2A and 2B.
Ayes: Mason, Thompson, Parrish, Houchens, D. Martin and R. Martin
Nays: None
Motion carried.

Resolution Authorizing Execution of ComEd Advanced Engineer Deposit – Trustee Houchens moved, Trustee Thompson seconded the motion to pass Resolution #2010R-1332 Authorizing Execution of a ComEd Advanced Engineer Deposit for Wapella Street Park utilities.
Ayes: Thompson, R. Martin, Parrish, D. Martin, Mason and Houchens
Nays: None
Motion carried.

Resolution Approving Pay Request to the State of Illinois for National Pollution Discharge Elimination System Permit for Domestic Waste – Trustee Thompson moved, Trustee Mason seconded the motion to pass Resolution #2010R-1333 Approving Pay Request to the State of Illinois for National Pollution Discharge Elimination System for Domestic Waste. Trustee Parrish stated that his comments were for all three of the permits being considered for the NPDES. He noted that for three years, the Board had paid this under protest and the Illinois Municipal League had been fighting it but they hadn’t been able to get the legislators attention on it. He also noted that the tax had been created by the IL Governor but never voted on by the legislature. He wished to go on record that he was tired of it and saw it as taxation without representation. Springfield continues to mess with taxpayers’ money, unable to bring the budget under control, and borrows money from the pension funds to fund the State. He added that the Governor could begin to tax other things that we take for granted, and municipalities should not have to accept taxes from Springfield without due process and representation. President Brennan commented that he believed everyone agrees with Trustee Parrish and has since he was on the Board five or six years before; it was protested then and continues to be paid under protest. Trustee Parrish stated that he hoped some municipality might stand tall and say they aren’t paying it anymore. He also stated that he understands the legal cost resulting from not paying it would be substantial and he wouldn’t want to spend taxpayers’ money to go to court on something like this but stated that he believed it to be worthwhile to put these comments on the record as he saw it as a knee-jerk tax that came into play to add more money to the coffers to try to balance the budget.

Trustee Thompson added his comments stating that the fees had been out there for seven or eight years and they started as a nominal amount. But they have now climbed to a much larger amount; one of the famous unfunded mandates to be faced by municipalities because the State changed the structuring of the wastewater discharge plant. He agrees that it’s a difficult payment to make but the cost of penalties and litigation from the State as well as interest makes no sense to not pay it. Hearing no further comment, Trustee D. Martin called for the question.
Ayes: R. Martin, Thompson, Houchens, Mason and D. Martin
Nays: Parrish
Motion carried.

Resolution Approving Pay Request to the State of Illinois for National Pollution Discharge Elimination System Permit for Sludge Generators - Trustee Thompson moved, Trustee Mason seconded the motion to pass Resolution #2010R-1334 Approving Pay Request to the State of Illinois for National Pollution Discharge Elimination System for Sludge Generators. Trustee D. Martin commented that he thought that the resolution should state the payment was being made under protest. President Brennan confirmed that it did. Hearing no further comment, he called for a vote on the motion.
Ayes: R. Martin, D. Martin, Houchens, Thompson and Mason
Nays: Parrish
Motion carried.

Resolution Approving Pay Request to the State of Illinois for National Pollution Discharge Elimination System Permit for Stormwater - Trustee Thompson moved, Trustee Mason seconded the motion to pass Resolution #2010R-1335 Approving Pay Request to the State of Illinois for National Pollution Discharge Elimination System for Stormwater. Trustee Thompson commented that this would be paid under protest as well. President Brennan called for a vote on the motion.
Ayes: D. Martin, Houchens, Thompson, R. Martin and Mason
Nays: Parrish
Motion carried.

Staff Reports – President Brennan stated that nothing had been reported.
Liquor Commission Report – Commissioner Brennan had nothing to report.
Annexation Committee 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 7:23 p.m. to discuss probable and pending litigation, property acquisition and personnel.
Ayes: Houchens, Parrish, D. Martin, Mason, R. Martin and Thompson
Nays: None
Motion carried.

Trustee Thompson moved, Trustee Parrish seconded the motion to return to regular session at 8:14 p.m.
Ayes: Houchens, Parrish, D. Martin, Mason, R. Martin and Thompson
Nays: None
Motion carried.

Action From Executive Session – President Brennan stated that there was no action to be taken as a result of execution session.

As Appropriate – President Brennan commented that they had all been saddened by the loss of attorney Doug Spesia, father of Village Attorney, Chris Spesia. Mr. Spesia thanked him and the Board for their condolences. Trustee Parrish asked if anyone knew how Police Chief Justin Meyer’s father was doing. Officer Tatgenhorst replied that he was scheduled for surgery later in the week. Trustee Thompson noted that the Community Picnic was scheduled for July 24, 2010 and that they wouldn’t have another Board meeting before it but that any necessary discussion could be held at the Committee meetings and the Committee Of The Whole meeting in mid July.

Hearing no further comments or questions, President Brennan called for adjournment. Trustee Thompson moved, Trustee Mason seconded the motion to adjourn the meeting at 8:17 p.m. All voted yes, motion carried.

Mary L. Ray, Village Clerk
Approved: July 27, 2010

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