December 10,2019–Regular Meeting

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REGULAR MEETING

December 10, 2019

6:30 P.M

Call to Order Pledge to the Flag Roll Call

CONSENT AGENDA

Approval of November Regular Meeting Minutes Approval of Bills to be Paid in December Approval of Treasurer’s Report

Committee Reports Attorney’s Report Mayor’s Report Public Comment

NEW BUSINESS

  1. Discussion and Possible Action Regarding Agreement for Professional Services with Chastain & Associates – Mark Bingham
  2. Discussion and Possible Action Regarding Water Tower Painting Project-Mark Bingham
  3. Discussion and Possible Action Regarding Water Rates – Mark Bingham
  4. Discussion and Possible Action Regarding Gorden Road and Main Street Sidewalk Project- Mark Bingham
  1. Discussion and Possible Action Regarding Outsourcing Payroll- Shawn Conlin
  2. Discussion and Possible Action Regarding Voudrie Facade Grant Application – Mayor Neece
  3. Discussion and Possible Action Regarding Real Estate Tax Reimbursements -Mayor Neece
  4. Discussion and Possible Action Regarding TIF Reimbursements- Mayor Neece
  5. Approval of Ordinance #2019-19 Authorizing the Village to Borrow Funds from the Illinois Environmental Protection Agency’ s Public Water Supply Loan Program -Attorney Garwood
  1. Approval of Wise/McCleary Annexation Agreement Ordinance #2019-20-Attorney Garwood
  2. Approval of Ordinance #2019-21 Prohibiting Cannabis Business  Establishments-Attorney Garwood
  3. Approval of Ordinance #2019-22 Amending Yield Right-of-Way Schedule II- Attorney Garwood
  4. Approval of 2019-2020 Tax Levy Ordinance #2019-23 -Attorney Garwood
  5. Discussion and Possible Action Regarding Tree and Stump Removal – Kenny Long
  6. Approval to Donate to 2021 Post Prom Committee – Mayor Neece
  7. Approval to Adopt General Order #19-051 Regarding DUI Arrestees – Josh Whitney
  8. Approval to Accept Officer Jones Resignation – Mayor Neece
  9. Executive Session – Mayor Neece
    • (a)Regarding the Appointment, Employment Compensation, Discipline, Performance or Dismissal of a Specific Employee
  • (b) Pending Litigation
  • (c) Real Estate
  • (d) Semi-Annual Review of the Minutes of Meetings Lawfully Closed Under the Open Meetings Act, 5 ILCS 120/2(c)(21)
  1. Approval of Executive Session Minutes – Mayor Neece

 

 

Adjourn

______________________________________________________________________________________________________

REGULAR MEETING

December 10, 2019

 

The Regular Meeting of the Moweaqua Village Council was called to order by Mayor Neece leading in the Pledge to the Flag.  Roll Call was answered by Kenny Long, Dana Shuster, Shawn Conlin, J.D. Malone, Josh Whitney and Sean Hayes.  Employees present were Chief Maki, Brad Sams, Ramiro Estrada, Justin Johnson, Sandi Callison, Beth Hawn, Mischelle Davis and Attorney for the Village, Scott Garwood was also present.  Others attending included Louis Jordan, Linda Long, Dean Voudrie, Steve Hooper, Robert Carls, Robert C. McCleary, Kevin Walker, Sharon Carlson, Jim Jordan, Tyler Mclain, Michael Reschke, Aaron Downs and Stephanie Little Beckman.

Street & Alley Committee Chairman Kenny Long reported that no committee meeting took place, but upcoming projects include sidewalk repair, yield signs and tree removal.  Long stated that the other items regarding Street & Alley are on the agenda for consideration.  Long reported that there was no committee meeting for Buildings & Grounds, however, plans to sell the old shed will be discussed at the next committee meeting.

Finance Committee Chairman Shawn Conlin reported that the Treasurer needs Council consent to begin looking for a new computer program.  The current program will be discontinued, and support will be unavailable.  Conlin stated that she will discuss in further detail during item #5 on the Agenda.  Conlin reported no Health and Safety meeting.

Water & Sewer Committee Chairman J.D. Malone reported that there was no committee meeting.  Also reporting for Personnel, Malone stated that he and the Mayor held the six-month reviews for Ramiro Estrada and Brad Sams.  Malone thanked Estrada and Sams for jobs well done.

Police Committee Chairman Josh Whitney reported that Justin Johnson has graduated and is in training with Chief Maki.  All other items are on the Agenda for consideration.

Mayor Neece reported for the Golf Committee that over the winter months the Golf Course personnel is preparing for the spring season.

Attorney Garwood reported that he is working on a possible annexation and also a possible de-annexation.  He will have more information at the next regular meeting.

In Public Participation Michael Reschke expressed his concern regarding Council’s decision to outsource payroll to Little Accounting.

Mayor Neece reported that all revolving loan payments are current.  Mayor Neece also reported receiving correspondence from the Village of Stonington.  After Stonington was hit with a major storm on December 1, 2018 the Village of Moweaqua employees and others pitched in and helped with the cleanup.  Stonington applied for and received a disaster grant and reimbursed the Village of Moweaqua $2,446.60 for their labor, equipment and support.  Mayor Neece commended the Village of Stonington for their actions.

Malone made the motion to approve the Consent Agenda with additions and corrections, including the November Regular Meeting Minutes, Bills to be Paid in December and Treasurer’s Report, Conlin seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

In New Business Mark Bingham of Chastain & Associates Engineers presented an Agreement for Professional Services.  A new agreement is required annually and outlines the Engineer’s Responsibilities, Municipality’s Responsibilities, Miscellaneous Provisions, Special Terms and Conditions and Scope of the Agreement.  A copy of the executed agreement will be on file with the Clerk.  After discussion Conlin made the motion to approve the Agreement for Professional Services with Chastain & Associates, Malone seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Bingham requested advice regarding what colors and graphics Council would like to have on the ground storage water tank and tower.  After discussion Conlin made the motion to have the Village Seal put on the ground storage water tank with lighter blue on the tank and darker blue on the seal and coordinating colors on the water tower with “Moweaqua” graphic, Shuster seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Bingham stated that it would be beneficial to implement a water rate increase of 1 to 3 percent annually.  When trying to obtain an IEPA loan it is important to show that income from water sales will be sufficient for repayment.  After discussion Shuster made the motion to amend the current water rate ordinance with a 2% increase beginning in 2022 to be reviewed annually thereafter, Malone seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Finance Committee Chairman Shawn Conlin presented a quote from Little Accounting for providing full-service payroll which includes direct deposit, employee portal, payroll tax deposits, quarterly reports, etc.  The quote of $3,375.00 also includes monthly wage reporting and end-of-year reports and W-2 forms.  Conlin explained that the Treasurer’s accounting and payroll programs will no longer be supported as of June 2020.  So new programs will need to be purchased.  Conlin proposed outsourcing payroll beginning with the new calendar year and looking into purchasing a new accounting program sometime before June 2020.  After discussion Whitney made the motion to approve the quote of $3,375.00 from Little Accounting for outsourcing payroll services for 2020, Hayes seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Mayor Neece presented a Façade Grant Application from Dean Voudrie.  Voudrie plans to improve tuck pointing, window trim, exterior walls and doors at his business located at 130 S. Main Street.  After reviewing the application and photos, Shuster made the motion to approve a Façade Grant for Dean Voudrie’s business located at 130 S. Main Street, Whitney seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Mayor Neece presented a request from David Little for reimbursement of real estate taxes.   Little stated that the properties have been annexed since 2006 and agreements were approved by the Village of Moweaqua Council which included reimbursement of property taxes for a term of 20 years effective until any development begins on the property.  After the agreements were approved the Attorney at the time denied reimbursement to Little and the adjacent property owner Marjorie Gorden.  It is not clear why the reimbursements were denied.  Village Clerk Mischelle Davis provided all documents relating to the case to Attorney Garwood for review.  Garwood advised that he could see no reason why the taxes were not reimbursed and advised that Little and Gorden should be reimbursed according to their respective agreements.  TIF Consultant Keith Moran also reviewed the documents and provided a detailed reimbursement summary with his recommendation to reimburse a total of $11,344.20.  Conlin made the motion to approve real estate tax reimbursements to Heritage Lands, Inc., Gorden Trust and David Little according to Keith Moran’s recommendation, Long, seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Mayor Neece presented the reimbursement calculations for active TIF projects provided by  TIF Consultant Keith Moran.  The reimbursements were calculated in accordance with their redevelopment agreements.  Calculations were based on the 2018 tax year which are payable in 2019.  After discussion Shuster made the motion to approve the 2018 payable 2019 TIF reimbursements according to Keith Moran’s recommendation, Malone seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Attorney Garwood presented Ordinance #2019-19 Authorizing Borrowing Funds from the IEPA Public Water Supply Loan Program.  The project involves replacing part of the existing water mains and repainting two water storage tanks.  The estimated cost of construction and installation of the project, including engineering, legal, financial and other related expenses is $825.195.00.  There are insufficient funds on hand and lawfully available to pay these costs unless a loan is secured.  The loan will be repaid from water fund revenues.  Shuster made the motion to Approve Ordinance #2019-19 Authorizing Borrowing Funds from the IEPA Public Water Supply Loan Program, Conlin seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:   None.

Attorney Garwood presented Annexation Agreement Ordinance #2019-20.  The property is owned by Roger Wise and Donita McCleary and is located in the Northwest corner of the Village limits on Cedar and Ponting streets.  According to the Agreement the Village is to place the property in a TIF District within 12 months of the annexation, otherwise the agreement is null and void and the property will be disconnected from the Village at no cost to the owners.  Property taxes will be reimbursed on a yearly basis.  Shuster made the motion to approve the Wise/McCleary Annexation Agreement #2019-20, Long seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney, Hayes and Mayor Neece.  No:  None.

Attorney Garwood presented Ordinance #2019-21 Prohibiting Cannabis Business Establishments within the Village of Moweaqua.  This includes all Adult-Use Cannabis Craft Growers, Cultivation Centers, Dispensing Organizations, Infuser Organizations, Processing Organizations or Transporting Organizations.  After discussion Conlin made the motion to approve Ordinance #2019-21 Prohibiting Cannabis Business Establishments within the Village of Moweaqua, Hayes seconded.  Council voting Yes:  Long, Conlin, Malone, Whitney and Hayes.  Abstain:  Shuster.  No:  None.

Attorney Garwood presented Ordinance #2019-22 Amending Schedule II of Chapter 74 “Yield Right-of-Way Intersections.” All unmarked intersections within the Village will become  “Yield Right-of-Way Intersections”.  Whitney made the motion to approve Ordinance #2019-22 amending the “Yield right-of-Way Intersections” schedule, Malone seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Attorney Garwood presented Tax Levy Ordinance #2019-23.  Council members were provided copies of the Ordinance to review in advance.  Shuster made the motion to approve Tax Levy Ordinance #2019-23, Malone seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Street and Alley Chairman Kenny Long requested approval of funds for tree and stump removal.  Coleman’s Tree Service quoted $6,525.00 for removal of 14 trees and 23 stumps.  After discussion, Long made the motion to approve $6,525.00 for tree and stump removal, Whitney seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Mayor Neece presented a request from the CAM 2021 Post Prom Committee for a donation.  Shuster made the motion to approve donating $250.00 from the Drug Alcohol Account and $250.00 from the Water and Sewer fund to the CAM 2021 Post Prom Committee, Conlin seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Police Committee Chairman Josh Whitney presented General Order #19-051 regarding DUI Arrests for adoption into the Police Department Policy Manual.  After discussion and review Whitney made the motion to adopt General Order #19-051 into the Police Department Policy Manual, Long seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Mayor Neece presented Adam Jones resignation from the Moweaqua Police Department.  Jones has offered to stay until a replacement can be found.  Chief Maki stated that he voided Jones 3-year contract.  Council discussed whether or not Maki had the authority to waive the contract.  Whitney stated that the Village is reimbursed for the training.  After discussion Conlin made the motion to accept Adam Jones resignation, Hayes seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Shuster made the motion to enter Executive Session Regarding the appointment, employment, compensation, discipline, performance or dismissal of a specific employee, pending litigation, real estate and or semi-annual review of Closed Meeting Minutes, Malone seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Malone made the motion to end Executive Session, Shuster seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Shuster made the motion to approve that Executive Session Minutes from March 12, 2019, April 9, 2019, May 7, 2019, May 14, 2019, August 13, 2019 and October 8, 2019 remain closed, Conlin seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.

Shuster made the motion to adjourn, Conlin seconded.  Council voting Yes:  Long, Shuster, Conlin, Malone, Whitney and Hayes.  No:  None.