Minutes of Village Board Meeting - February 28, 2012

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, Barry Thompson, Dick Parrish and Terry Houchens. Also present: Dan Duffy – Village Administrator, John Harrington – Finance Director/Treasurer, Justin Meyer– Police Chief, Rob Tonarelli – Supt. of Public Works, Steve Thornton – Building & Zoning Officer, Sean Kelly – Village Engineer and Chris Spesia – Village Attorney.

Changes to Meeting Agenda – Village Administrator, Dan Duffy noted that Consent Agenda items K and L were not part of the Board packets that went out the Friday before the meeting but that they had been discussed at the Committee of The Whole and were in front of them now for their consideration. This was due to the time requirement for public notice. Trustee Thompson asked that items K and L be pulled off the Consent Agenda and added to New Business. No one objected.

Review of Minutes – Minutes of Village Board Meeting of January 24, 2012 were reviewed. Trustee Mason moved, Trustee Houchens seconded the motion to accept the minutes of January 24, 2012 Village Board meeting as presented.
Ayes: Mason, Thompson, Parrish, Houchens, D. Martin and R. Martin
Nays: None
Motion carried.

Minutes of Plan/Zoning Board of Commissioners Meeting of January 17, 2012 were reviewed. President Brennan noted they would be placed on file.

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 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 the public forum at 7:08 p.m. – He noted that the Proclamation Recognizing Dave Riddle for His Public Service would be brought before the Board next month as Fire Chief Riddle was unable to make the meeting.

Proclamation for National Athletic Training Month – President Brennan asked Mr. Bob Flynn the Minooka Community High School Head Athletic Trainer to come forward to receive the proclamation naming the month of March as National Athletic Training Month in the Village of Minooka. He noted that Mr. Flynn as the Head Athletic Trainer, has thirty students serving under him as Athletic Training Student Aides who may all go on to college to become Certified Athletic Trainers. President Brennan read the proclamation thanking Mr. Flynn for his dedication and urged all residents to learn more about the importance of athletic training. Mr. Flynn thanked the Board and announced there would be an Open House at the High School on March 18th at South Campus and all were invited.

Mr. Jerry Offerman, resident of Misty Creek Subdivision came forward to express his concern for continued damage being done to their retention pond. Rocks that were purchased to help with erosion were gone, having been thrown into the pond by vandals. There was also littering and graffiti drawn on the monument signs at the entrances to the subdivision. All of this was being done after dark and he wondered if the Police Department could patrol the area and attempt to apprehend these mischief makers. He noted that signs were posted stating no swimming or ice skating and they wanted to post a different sign that would legally clear them of liability. He asked the Village Attorney if the signs would hold up in court. Mr. Spesia replied that the homeowners should work with their association’s attorney about their liability issues and that he would not be able to give them an opinion on it as the Village’s attorney. Mr. Offerman replied that they didn’t really have an attorney. He added that they also wanted to ask for the help of the Police Department. If they posted signs that say ponds were closed from dusk to dawn, would the Police write citations for trespassing? Mr. Spesia stated that the Police can only enforce Village ordinances. If someone were to sign a complaint, the Police could enforce the trespassing ordinance. Mr. Offerman replied they don’t want to prevent the residents from using the pond during the day. Mr. Spesia reiterated that an attorney working for the association would have to help them amend the subdivision covenants. Since the Village does not own the ponds in their subdivision, they cannot enforce their signs, only Village ordinances. Mr. Offerman thanked them for their time. President Brennan closed the public forum at 7:24 p.m.

Consent Agenda – Mr. Dan Duffy read the titles of each item listed on the Consent Agenda and noted that all had been discussed at earlier meetings that month and were recommended for approval. Trustee Thompson moved, Trustee Parrish seconded the motion to approve consent agenda items A through J.
Ayes: Parrish, R. Martin, Thompson, Houchens, Mason and D. Martin
Nays: None
Motion carried.
• Resolution Approving Pay Request #1 for Brannick Road Street Lighting to Van Mack Electric Company ($16,584.75) (2012R-1510)
• Resolution Approving Pay Request #1 for McEvilly Road Water Tower Demolition to D Construction Company ($15,000.00) (2012R-1511)
• Resolution Approving Pay Request #2 for Minooka Motor Fuel Tax General Maintenance Program to D Construction Company ($37,374.25) (2012R-1512)
• Resolution Approving Pay Request #2 for Reflections At Waters Edge Phase 3 Close-out & Supplemental Patching to D Construction Company ($70,657.23) (2012R-1513)
• Resolution to Accept Aerator Proposal for Rivers Edge Landings Detention Pond from The Clark Company ($11,350.76) (2012R-1514)
• Resolution Supporting the Kendall County Community Economic Development Plan (2012R-1515)
• Resolution Approving Extension of Farm Lease for the 2012 Crop Year, Holt Road (2012R-1516)
• Resolution Approving Release of Letter of Credit for the Minooka Fire Protection District (2012R-1517)
• Resolution Authorizing a Letter of Support to Extend a Three Year Tax Abatement for the Vacated Clorox Building at 501 International Parkway (2012R-1518)
• Resolution Accepting a Special Warranty Deed and Bill of Sale (West Wind Estates Phase I and Phase II Improvements) (2012R-1519)

New Items
Resolution Authorizing Participation in the State of Illinois Joint Purchasing Program – Mr. Duffy explained that the discussion in the Committee of the Whole was to change our cell phone service from Sprint to Verizon. He further explained that this resolution would allow the Village to take advantage of a great savings for this service by joining the IL Joint Purchasing Program in order to get the State rate.

Trustee Houchens moved, Trustee Parrish seconded the motion to pass Resolution #2012R-1520 Authorizing Participation in the State of Illinois Joint Purchasing Program.
Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson and Mason
Nays: None
Motion carried.

Resolution to Authorize the Village President to Execute a Warranty Deed with the Illinois Department of Transportation for the Right of Way Property Needed for the I-80/Minooka Road Overpass Project – Mr. Duffy stated that the resolution would allow us to proceed and exchange property for special warranty deed in the amount of $4500. Trustee D. Martin moved, Trustee Mason seconded the motion to pass Resolution #2012R-1521 to Authorize the Village President to Execute a Warranty Deed with the Illinois Department of Transportation for the Right of Way Property Needed for the I-80/Minooka Road Overpass Project. Trustee Thompson noted that the property had not been appraised but was just to be used for the reconstruction of the bridge. He then asked how much total property was there. Mr. Duffy replied that the property was just short of one-half an acre. Hearing no further comments or questions, President Brennan called for the vote on the motion.
Ayes: D. Martin, Houchens, Thompson, R. Martin, Mason and Parrish
Nays: None
Motion carried.

Resolution to Authorize the Village President to Execute a Temporary Construction Agreement with the Illinois Department of Transportation for the Right of Way Property Needed for the I-80/Minooka Road Overpass Project - Trustee D. Martin moved, Trustee Mason seconded the motion to pass Resolution #2012R-1522 to Authorize the Village President to Execute a Temporary Construction Agreement with the Illinois Department of Transportation for the Right of Way Property Needed for the I-80/Minooka Road Overpass Project.
Ayes: D. Martin, Houchens, Thompson, R. Martin, Mason and Parrish
Nays: None
Motion carried.

Staff Reports – Mr. Harrington stated that the next Budget Committee meeting would be on Tuesday, March 6th at 7 p.m.

Liquor Commission Report – Liquor Commissioner Brennan reported that the owner of the new restaurant opening up where the former Bean Encounter was located applied and was approved by the Commission for an A3 license. The ordinance creating the license is next for their consideration. Trustee Thompson moved, Trustee Parrish seconded the motion to adopt Ordinance #2012-05 Amending Section 3-4-7(A) of Municipal Code Increasing Number of Class A3 Liquor Licenses at 859 South Ridge Road.
Ayes: D. Martin, Houchens, Thompson, R. Martin, Mason and Parrish
Nays: None
Motion carried.

President Brennan then reported that the same applicant also applied to the Liquor Commission for a Class G liquor license. The Commission approved the application and the ordinance creating that license was before them for their consideration. Trustee Thompson moved, Trustee Parrish seconded the motion to adopt Ordinance #2012-06 Amending Section 3-4-7(A) of Municipal Code Increasing Number of Class G Liquor Licenses at 859 South Ridge Road. Trustee Houchens asked if the previous license holder had an outdoor license. It was confirmed that they had. Trustee Houchens noted that the fence was significantly lower than other facilities holding a Class G license. Trustee Mason replied that they had met the qualifications for that class license before. Hearing no further questions or comments, President Brennan called for a vote on the motion.
Ayes: Parrish, Mason, R. Martin, Thompson, Houchens and D. Martin
Nays: None
Motion carried

Annexation Committee Report – Chairman Brennan had nothing to report.

Executive Session - President Brennan announced that there was a need for executive session and entertained a motion. Trustee Thompson moved, Trustee D. Martin seconded the motion to go to executive session for the discussion of collective bargaining, pending litigation and probable litigation at 7:35 p.m.
Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson and Mason
Nays: None
Motion carried.

Trustee Thompson moved, Trustee Parrish seconded the motion to return to regular session at 9:03 p.m.
Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson and Mason
Nays: None
Motion carried.

President Brennan noted that there was no action to be taken resulting from executive session.

As Appropriate – Mr. Duffy noted that several years before, the Village had passed a resolution to go along with the TIGER funding grant which was extra funding for transportation from Washington. This would help widen the Canadian National Bridge over Ridge Road. We had not made the cut last year for that and we had just found out that there is additional funds available so we will be renewing our letter of support to the County to apply again. Mr. Duffy then asked for the Village Board’s permission to hold an open house on Thursday, March 8th at 6 p.m. for Electrical Aggregation presentation by the Will County group the Village is working with. They will answer questions from the public regarding the referendum question on the General Primary Election ballot March 20th. Trustee Mason noted that he had heard several communities that were doing the same. Mr. Duffy then noted that at 7 p.m. on the same night, he would like to host an open house for residents of West Wind Estates so they can look at the options for playground equipment for their tot lot. No one objected. Mr. Duffy said he would report back to the Board with any comments he heard that night.

Mr. Duffy then noted DARE graduation would be March 29th at the Intermediate School at 7:00 p.m. and that same evening, the Local Officials Dinner will be at 5:45 p.m. at the Minooka High School.

Trustee Thompson moved, Trustee Parrish seconded the motion to adjourn the meeting at 9:12 p.m. All voted aye; meeting adjourned.

Mary L. Ray, Village Clerk
Approved: March 27, 2012

 

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