July 13, 2010 — Regular Meeting

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July 13, 2010

Moweaqua Village Hall

6:00 P.M.


Call to Order

Pledge to the Flag

Roll Call

Approval of June Regular Meeting Minutes

Approval of Treasurer’s Report

Approval of Bills to be Paid in July

Mayor’s Report

Attorney’s Report

Committee Reports

Public Participation


  1. Community Development Loans – Ed Heck
    1. Slemp
    2. Yoder
  2. Zoning Variance/Harter – Boomer Neece
  3. Mobile Home Code – Boomer Neece
  4. Kemper Memorial – Jim Mahone
  5. Stiner Special Use – Mike Antoline
  6. Ordinance Amending Westmore Equities Agreement – Mike Antoline
  7. Zoning Board Compensation – Jim Mahone



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, Larry Burgener, Steve Ruot, Jim Mahone and Mike Reschke. Employees present were Ramiro Estrada, Louis Jordan, Officer Wade, Chief Maynard, Lola Allen, Boomer Neece and Attorney for the Village, Mike Antoline, was also present. Others present included Ed Heck, Dave Boyd, Don Smith, Steve Hooper, Jack and Tracy Phillips, Joann Lower, Paul Bollhorst, Dean Voudrie, Don Whitlow, Mary Ann Stiner and Evelyn Lowe.

Wise made the motion to approve the minutes of the June Regular Meeting, Burgener seconded. Council voting Yes: Maynard, Wise, Burgener, Ruot, Mahone and Reschke. No: None.

Mahone made the motion to approve the Treasurers Report, Ruot seconded. Council voting Yes: Maynard, Wise, Burgener, Ruot, Mahone and Reschke. No: None.

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

Mayor Tolly asked if there were any Council comments about the July 4th fireworks display. All comments were positive and Mayor Tolly stated that he was pleased with the display also. A contract from Central States Fireworks has been received and will be on the agenda for discussion next month.

Mayor Tolly informed Council that the fuel pump is out on the new squad car and that there must be a problem with that particular part because there is a national back order on them. Chief Maynard hopes to have the car repaired soon and stated that we are on a priority list to receive the new part.

Mayor Tolly informed Council that he visited with the district and local managers of the new Dollar General Store. Mayor Tolly stated that they are very happy with the new store site and have been enjoying our restaurants in town. There will be a grand opening on July 31st at 8:00 A.M. Mayor Tolly and Chief Maynard have been asked to attend. Mayor Tolly welcomed Council members to attend if they could.

Attorney Antoline stated that the Budget Appropriation Ordinance has been mailed to the Shelby County Clerk and Christian County Clerk with a request for file stamped copies to be returned.

Attorney Antoline reports that the Illinois Department of Labor and Secretary of State Index Division have been sent the Prevailing Wage Ordinance. Mr. Antoline stated that it was published in the Golden Prairie News because the State Statute specified “general circulation”. Where a particular document is published depends on State Statutes. The statute may say “general circulation” or “newspaper published within the County”. The County of publication is defined as the place where the publisher drops the first bundle of papers. Golden Prairie’s first drop off is not Shelby County. Therefore if the statute requires “newspaper published within the County” it must be published in the Shelbyville Daily Union.

Attorney Antoline reported that the legislation modifying “slow moving vehicles” regulations has passed. Our Golf Cart Ordinance may need to be repealed. Mr. Antoline would like to see what transpires with the new regulations before repealing our ordinance. Police Officers should direct owners of these vehicles to the Drivers License facility for inspection and certification. The Village of Moweaqua can no longer charge an annual license fee.

In Committee Reports Maynard stated that she had received a verbal complaint about a property located on Elm Street. There are tall weeds and other items cluttering the property. Wise added that the property on Madison Street has not improved either and wondered if they had been successfully contacted. Officer Wade reported that they had been contacted. Mayor Tolly stated that we will continue to be in contact with property owners until their premises are satisfactorily up to code.

Water and Sewer Superintendent Louis Jordan reported that Curry Construction will most likely be starting the lift station rehab within the next week. Jordan also reported that paperwork has been completed and sent in for the design and engineering grant most recently applied for. Jordan will report its progress at future meetings.

Burgener reported for the Street and Alley Committee that the transmission sensor on the dump truck has been repaired and is running well.

Reschke would like for the Police Department to address the problem of inoperable vehicles as there seems to be quite a few right now. Reschke also reported that the auditors had been here this week and will report at an upcoming meeting.

In Public Participation Dave Boyd came forward to inquire if any measures had been taken to get the properties he had mentioned at the June Regular Meeting cleaned up. In reference to Boyd’s list of properties Attorney Antoline stated that stoves and other appliances outside are considered junk and debris but refrigerators and freezers are considered a public health and safety issue that should be addressed.

Boyd went on to list several other properties that he stated he would like to see action taken on to get up to code. Boyd would like to be advised of this process at future Council meetings.

Mayor Tolly assured Mr. Boyd that all would be taken into consideration.

Mary Ann Stiner announced that the names have now been compiled for the Veterans Memorial and will soon be sent to the engraver. Mayor Tolly thanked her for the report and commended the Veterans Memorial Committee for their efforts.

Don Smith was in attendance to discuss water drainage on Maple Street. Smith stated that it is ruining his garage. What used to be only 2” after a hard rain is now any where from 6” to 18”. Water and Sewer Superintendent Louis Jordan stated that he is working on a solution to the drainage problem in that area.

In New Business Mayor Tolly called on Chairman of the Moweaqua Community Development Committee, Ed Heck, to present revolving loan fund applications from Jenny Slemp and Terry Yoder. Heck explained that the Slemp application had been withdrawn. The amount requested by Yoder is $20,719.46 to be paid back in installments over a period of seven years. The money will be used to update wiring and coolers. Heck stated that the committee voted unanimously to grant the loan. Reschke made the motion to approve a Community Development loan to Terry Yoder in the amount of $20,719.46, Mahone seconded. Council voting Yes: Maynard, Wise, Burgener, Ruot, Mahone and Reschke. No: None.

Next in new business Zoning Administrator Boomer Neece presented a Variance Application from Virgil Harter. Harter has requested approval to construct a garage 10 feet from the East property line rather than 25 feet on property located at 210 W. Madison. The Zoning Board of Appeals has voted unanimously in favor of granting the Variance. Mahone made the motion to approve the Variance for Virgil Harter, Maynard seconded. Council voting Yes: Maynard, Wise, Burgener, Ruot, Mahone and Reschke. No: None.

Zoning Administrator Boomer Neece explained that he has received several calls inquiring about a lot located on Cherry Street. The property is up for sale and the prospective buyers are interested setting a trailer on the lot. The seller had a trailer on the lot but was forced to remove it by the Village because it was vacant and deteriorating. The Ordinances do not clearly state whether on not a new trailer can be set on the lot. Neece requested advisement on the issue before answering the prospective buyers questions. After discussion Attorney Antoline concluded that mobile homes are not allowed in the SR-2 district due to updated zoning regulations, however, modular and manufactured homes are by Special Use. Antoline will help define mobile, manufactured and modular at the next Regular Meeting.

Mahone informed Council that a memorial donation has been received by the Village of Moweaqua from the friends and family of Louisa Kemper who passed away June 20th, 2010. Louisa was 92 years old and enjoyed working in her yard until in her 80’s. She was especially appreciative of the Village’s brush and leaf pick up program, which is what the memorial is designated for. Mahone stated he is thankful for the donation and made the motion to add the funds to the Leaf Vacuum CD at renewal time, Reschke seconded. Council voting Yes: Maynard, Wise, Burgener, Ruot, Mahone and Reschke. No: None.

It had been requested at the previous months Regular Meeting that Special Use Permits be reviewed. After discussion Council determined that Special Use Permits should have a time limitation. In addition, the property owners should be notified that their Special Use will be discussed before being placed on the agenda.

Attorney Antoline presented Amended Westmore Equities Agreement Ordinance #07/13/2010-1. After review Mahone made the motion to approve Ordinance #07/13/2010-1, Wise seconded. Council voting Yes: Maynard, Wise, Burgener, Ruot, Mahone and Reschke. No: None.

Mahone explained that the Zoning Board members are now receiving $10.00 per meeting but are sometimes dealing with several items at one meeting. Mahone stated that with the new TIF district the Zoning Boards duties will increase. Antoline added that the Zoning Board members have now agreed to act as the Planning Commission also. After discussion it was suggested that the Zoning Board members should get together and decide what rate of pay they feel would compensate for their duties. Antoline stated that he would speak to Gwinner Snyder and report at the next Regular Meeting.

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