September 13, 2005 — Regular Meeting

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MOWEAQUA VILLAGE HALL

7:00 P.M.

AGENDA

Call to Order

Pledge to the Flag

Roll Call

Approval of August Regular Meeting Minutes

Approval of Treasurer’s Report

Approval of Bills to be Paid

NEW BUSINESS

  1. Audit / Kevin Buckley
  2. Fuel tanks / Mark Thomas
  3. Hand Foreclosure
  4. Jacob and Assoc. billing
  5. BGM billing
  6. Annexation Ordinances
    • Pugsley
    • Page
    • Bohlen
    • Gorden
    • Gorden
    • Heritage Lands

OLD BUSINESS

Attorney’s Report

Mayor’s Report

Public Participation

Adjourn


The September Regular Meeting of the Moweaqua Village Council was called to order by Mayor Lowe leading in the Pledge to the Flag. Roll Call was answered by Howard Wise, Steve Ruot, Jim Mahone and Louise Weakly. Jon King and Mark Thomas were absent. Employees present were Lola Allen, Paul Bollhorst, Boomer Neece, Officer Hess, Chief McLearin, Louis Jordan and Attorney for the Village, Mike Antoline was also present. Others attending included Bill Chasteen, Larry Minott, Dave Boyd, Lisa Pugsley, Barbara Jostes, Mitch Hartman and Kevin Buckley.

Ruot made the motion to approve the August Regular Meeting Minutes, Weakly seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Mahone made the motion to approve the Treasurer’s Report, Ruot seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Weakly made the motion to approve the Bills to be Paid in September, Wise seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

First in New Business Mayor Lowe called on Kevin Buckley to present the 2004-2005 audit report. Buckley provided a copy of the report for each board member and explained briefly the contents and his recommendations for the current fiscal year. A copy of the audit report is on file with the clerk.

In Mark Thomas absence Mayor Lowe asked Chief McLearin if he had any information to add about the possibility of using fuel tanks furnished by Christian County FS. McLearin explained that Council approval is needed before proceeding into a contract with Christian County FS. All Village Departments are in favor of using FS for their fuel needs. Mahone made the motion to enter into a contract with Christian County FS for fuel and tanks, Ruot seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Next in New business Mayor Lowe discussed a loan that the Hands had obtained through our Revolving Loan Fund and has since been defaulted on. Auditor for the Village, Kevin Buckley, advises that since there is no chance of the money being paid back to the Village it must be written off our books. Mahone made the motion to write off the Hand loan, Ruot seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Mayor Lowe inquired of Council if the 1st installment bill from Jacob and Associates should be paid now before any annexations have take place. Attorney Antoline explains that the 1st installment bill from Jacob and Associates is 1/3rd of the total bill and should be paid now so that work can begin on the TIF Study which will determine what areas of Moweaqua can be included in the TIF project. Areas being included in the TIF will not necessarily all be newly annexed property. Mahone made the motion to approve payment of the $10,000.00 1st installment bill to Jacob and Associates, Weakly seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Mayor Lowe brought before Council an $805.00 bill from BGM for a Plats of Annexation map. The bill was held over last month due to minor discrepancies that were found on the map. Antoline confirmed that corrections had been made to the map. Mahone made the motion to approve payment of the $805.00 to BGM for the plats of annexation map, Weakly seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Mayor Lowe called on Attorney Antoline to present the Annexation Ordinances.

Antoline presented Ordinance #9-13-2005-1 annexing property belonging to the Bohlens into the Village of Moweaqua. Weakly made the motion to approve Ordinance #9-13-2005-1, Mahone seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Antoline presented Ordinance #9-13-2005-2 annexing property belonging to the Pages into the Village of Moweaqua. Ruot made the motion to approve Ordinance #9-13-2005-2, Wise seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Antoline presented Ordinance #9-13-2005-3 annexing property belonging to Lisa Pugsley into the Village of Moweaqua. Mahone made the motion to approve Ordinance

#9-13-2005-3, Wise seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Antoline presented Ordinance #9-13-2005-4 annexing parcel 3 of property belonging to Marjorie Gorden into the Village of Moweaqua. Wise made the motion to approve Ordinance #9-13-2005-4, Ruot seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Antoline presented Ordinance #9-13-2005-5 annexing parcel 4 of property belonging to Marjorie Gorden into the Village of Moweaqua. Ruot made the motion to approve Ordinance #9-13-2005-5, Mahone seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Antoline presented Ordinance #9-13-2005-6 annexing property belonging to Heritage Lands Inc. into the Village of Moweaqua. Mahone made the motion to approve Ordinance #9-13-2005-6, Wise seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Antoline presented Ordinance #9-13-2005-7 annexing Parcel 1 of property belonging to Marjorie Gorden into the Village of Moweaqua. Ruot made the motion to approve Ordinance #9-13-2005-7 Mahone seconded. Council voting Yes: Wise, Ruot, Mahone and Weakly. No: None.

Attorney Antoline reports that the Village of Moweaqua is ordered to refund $24.00 in the Primeco Litigation. However, in the Wireless Subclass Litigation, damages have been preliminarily assessed at a far greater amount. Initially the Village was ordered by Judge Patrick McGann to answer interrogatories in reference to Infrastructure Maintenance Fees that were imposed on wireless phone service providers. The information was compiled by the Clerk and submitted to Holland & Knight, the Attorney’s for Primeco and the Wireless providers. Using the total sum of all the provided information, the Village of Moweaqua’s portion to pay in that settlement was calculated at $17,091.05. Antoline is of the opinion that the plaintiffs in the case should have to prove damages and that the information submitted by the Clerk should not have been used in it’s entirety to assess the refund amount. Antoline stated that the Village may want to appeal the decision made by the Judge in terms of how the damages were calculated. Mayor Lowe noted that an objection must be mailed by September 30, 2005 and it was determined that Attorney Antoline would file the necessary documents at the Mayors discretion.

Next in Public Participation Mayor Lowe called on Barbara Jostes who was in attendance to ask Council to consider purchasing covers for the benches in the Oasis park. The covers would have a green metal roof and white vinyl covered posts. DMJ submitted an estimate for three covers at a cost of $2,465.24. Mayor Lowe stated that the issue would be on the agenda for the next Regular Meeting.

Mayor Lowe requested that the Water & Sewer Committee meet to discuss corrections that need to be made to the rates ordinance, as recommended by the auditor, and also requested a report from them for the next Regular Meeting.

Mayor Lowe called on Moweaqua Fire Chief Larry Minott to bring his business before Council. Minott presented a bill from Buchanan Communications for work done to the warning sirens. Jordan informed Council that the sirens were purchased by the Village with a grant and that the Village should maintain them. The Fire Department will be reimbursed $470.01.

Mitch Hartman was in attendance representing the Moweaqua Fireman’s Club. The Club is attempting to raise money to send the extrication team to Las Vegas to compete in the National Extrication Competition. Mayor Lowe stated that the issue would be put on the agenda for the next Regular Meeting.

Meeting adjourned.