January 12, 2010 — Regular Meeting

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REGULAR MEETING

January 12, 2010

Moweaqua Village Hall

6:00 P.M.

AGENDA

Call to Order

Pledge to the Flag

Roll Call

Approval of December Regular Meeting Minutes

Approval of Treasurer’s Report

Approval of Bills to be Paid in January

Mayor’s Report

Attorney’s Report

Committee Reports

Public Participation

NEW BUSINESS

  1. TIF Business Proposal – Keith Moran
  2. Lift Station Rehab – Steve Bainbridge
  3. Golf Course Loan – Mayor Tolly
  4. Golf Course Loan – Don Wright
  5. Hudson Special Use Permit – Paul Bollhorst
  6. Resolution of Support – Howard Wise
  7. IRWA Annual Conference – Louis Jordan
  8. Casey’s Sewer – Louis Jordan
  9. Ford Explorer – Steve Ruot
  10. Purchase of New Squad Car – Steve Ruot
  11. Police Department Budget Line Item – Steve Ruot
  12. FOIA – Attorney Antoline
  13. Liquor Referendum – Attorney Antoline

OLD BUSINESS

Adjourn


The Regular Meeting of the Moweaqua Village Council was called to order by Mayor Tolly leading in the Pledge to the Flag. Roll Call was answered by Marcia Maynard, Howard Wise, Mark Thomas, Steve Ruot, Jim Mahone and Mike Reschke. Employees present were Ramiro Estrada, Chief Maynard, Sandi Callison, Lola Allen, Louis Jordan and Paul Bollhorst. Others present included Boomer Neece, Steve Bainbridge, Keith Moran, Dave Boyd, Steve Hooper, Larry Morrell, Bob Miller, Carol Moore, Randy Longbrake, Mary Aylmer, Lynn Hudson, Janie Wise, Roger Workman, Brenda Workman, Lori Hudson, Don Whitlow and Evelyn Lowe.

Mahone made the motion to approve the Minutes of the December Regular Meeting, Ruot seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

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

Mahone made the motion to approve the Bills to be Paid in January with additions and corrections, Reschke seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

In Mayor Tolly’s report he stated that demolition for the remodel project is underway and that we are now looking into purchasing fire resistant and map cabinets. Mayor Tolly thanked Estrada, Jordan and the rest of the crew for a good job with snow removal.

Mayor Tolly called on Attorney Mike Antoline to report next. Attorney Antoline reported first that the issue with Poggenpohl not being paid by a contractor who we did business with is now resolved. In reference to a dispute between a resident of Moweaqua and our trash hauler, Attorney Antoline stated that the hauler does indeed hold an exclusive license and that the homeowner may not haul their own trash without a license. Attorney Antoline also reported about new state statutes regarding the Freedom of Information Act. Antoline stated that the definition of public record has broadened substantially and now includes email. It is a felony crime to delete any email related to municipal business. FOIA requests are to be made in writing, which can include fax or email. The Village will now have five days to respond to FOIA requests. Attorney Antoline requested that he be informed of all FOIA requests. Antoline informed Council that a FOIA officer will have to be appointed and complete training. The training can be obtained on line and has to be renewed annually. The new FOIA officer will have six months in which to take the training course. Attorney Antoline recommended appointing their FOIA officer as soon as possible. Antoline closed his report by informing Council that a complaint has been filed in the Shelby County Circuit Court against Vista Securities regarding the broken sidewalk on Macon Street.

In Committee reports Maynard stated that she had been approached by a resident concerning a water run off issue. Maynard inquired if the water was coming from the street or neighboring property and the resident replied that it was coming from the adjacent property. Maynard determined after consulting with a fellow board member that the resident had a civil issue and not one that the Village could remedy. Maynard recommended that the resident speak to the neighbor about resolving the problem.

Wise reported that the CDAP grant process for the sewer lift station has begun and that the office remodel is now in full swing. These two projects will take some time to complete and Wise will update Council as progress is made.

Reschke handed out budgets and requested that the department supervisors begin working on them for the upcoming fiscal year. Reschke also made Council aware of a tile that runs through the land on the North side of East Main Street that was recently sold. Reschke is concerned that if building begins without regard to the tile that it may be damaged and cause serious flooding. Former Street and Alley Superintendent Boomer Neece was present and confirmed that there is indeed a tile running under that section of land. Attorney Antoline stated that he will find out if there is an easement for the tile and will report at the next Regular Meeting.

In Public Participation Mary Aylmer presented Council with a list of concerns regarding the Hudson Special Use Permit application. Aylmer reports that the list was compiled by the neighbors of the old First Baptist Church. Aylmer requested that the concerns be considered before granting the Special Use Permit.

Keith Moran of Moran Economic Development was present and informed Council that Dollar General is considering building a store on East Main property that lies within our TIF district. Moran explained that this is a very standard deal. Moran provided materials for Council review and explained the basics of the offer. After discussion, Moran requested approval to enter into agreement with Dollar General and Westmore Equities to work towards a final plan for the store. Wise made the motion to approve Moran entering into an agreement with Dollar General and Westmore Equities, Mahone seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Next in New Business Mayor Tolly called on Engineer for the Village, Steve Bainbridge, to update Council concerning the current lift station grant. Bainbridge stated that our grant funding has been secured. Bainbridge stated that he is waiting for the final paperwork from Mike Cavanaugh and then the bid process can begin. From that time Bainbridge predicts about a five month construction period. He will keep Water & Sewer Superintendent Louis Jordan informed of further developments.

Mayor Tolly discussed a loan for the Golf Course. $2,000.00 was needed for January payroll. The Mayor requested approval to loan the Golf Course $2,000.00. Ruot made the motion to approve loaning the Golf Course $2,000.00 for payroll, Thomas seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Mayor Tolly then discussed an additional loan for the Golf Course to enable them to

stay current until spring. Golf Board member Roger Workman stated that the past couple of spring seasons have been unusually wet which is why they needed the loan last year too. Mayor Tolly inquired about a Golf Course account that has a large balance and wondered why that money was not being used. After discussion Council was in agreement to meet with the Golf Course Board on Tuesday before their regularly scheduled meeting to discuss Golf Course funds. Wise made the motion to approve loaning the Golf Course an additional $13,000.00 which will be required to be reimbursed to the Village by January 2011, Ruot seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Next in New Business Zoning Administrator Paul Bollhorst reported receiving a Special Use Permit application from Lynn Hudson. Hudson has requested permission to use the old First Baptist Church sanctuary and basement as a general use meeting hall and also to turn the North wing of the old First Baptist Church into 4 to 6, 1 or 2 bedroom apartments. The property is located at 300 N. Putnam. Bollhorst stated that the Zoning Board of Appeals has met and voted 4 in favor and 2 against granting the Special Use permit. Several neighbors of the property attended the Zoning Meeting to voice their concerns about the proposed new use of the building. Attorney Antoline advised that the apartments would be permitted under special use in an SR-2 zone but the meeting hall would not. The only way to remedy the situation would be to change the SR-2 Zone Ordinance. After lengthy discussion Mahone made the motion to approve the Special Use permit for the apartments only, Thomas seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None. Special Use for the meeting hall will remain pending until the Ordinance pertaining to SR-2 zoning can be modified to include meeting halls. Antoline will bring an Ordinance to the next Regular Meeting.

Mayor Tolly called on Howard Wise to present the Resolution of Support pertaining to the CDAP grant that the Village is applying for to repair the lift station located on Hight Dr. Wise made the motion to approve Resolution of Support #1-12-2010-R1, Ruot seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Water & Sewer Superintendent Louis Jordan requested approval to attend the annual IRWA conference. Jordan and Phillips will both attend and will need to reserve two rooms. Mahone made the motion to pay the fee for Jordan and Phillips to attend the annual IRWA conference and two hotel rooms during the conference, Wise seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Jordan presented a utility easement agreement for Council approval. The easement is for the new Casey’s store sewer line. The agreement is between Casey’s and property owners, Groves, Shank, Fishel and Hudson. Wise made the motion to approve a utility easement agreement between Casey’s and the effected property owners, Mahone seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Mayor Tolly called on Steve Ruot to report about the Police vehicles. Ruot explained that keeping three vehicles had been considered but it was also suggested that the value of the Ford Explorer’s be looked into. After careful consideration it was decided that bids will be taken for the Explorer but a minimum bid of $6,500.00 would be set. Ruot requested that an ad be put on the IML website.

Chief Maynard presented the bids he obtained for the new squad car. Bids came from Landmark Ford, Wright Automotive and Ridings Ford. Mahone made the motion to accept the $22,089.00 bid from Bob Ridings Ford for a 2010 Ford Crown Victoria, Reschke seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Chief Maynard presented a price of $4,093.33 from Global Technical for removing equipment from the Ford Explorer, purchase of some new equipment and installation into the new squad car. Mahone made the motion to approve the $4,093.33 Global Technical proposal for removal, equipment and installation, Ruot seconded. Council voting Yes:

Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Chief Maynard presented a price of $300.00 from Kustom Signs and Graphics to apply decals to the new squad car. Ruot made the motion to approve the $300.00 proposal from Kustom Graphics for squad car decals and application, Mahone seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Further in Police business Ruot stated that the General Fund will be loaning the Police Department the funds to pay for the new officers training. The training will be reimbursed by the State when the officers have successfully completed the courses. Ruot stated that a special budget line item must be created for accounting purposes. The line item will be #01.21.564 and titled MTI/MTU. Ruot made the motion to create budget line item 01.21.564, Reschke seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Antoline recommended postponing discussion about the liquor referendum until the next Regular Meeting.

Antoline also recommended appointing the FOIA Officer. Reschke made the motion to appoint the Clerk, Mischelle Davis, as the FOIA Officer, Mahone seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None.

Mayor Tolly requested a motion to adjourn if there was no further business to come before Council. Thomas made the motion to adjourn, Maynard seconded. Council voting Yes: Maynard, Wise, Thomas, Ruot, Mahone and Reschke. No: None. Motion carried.