November 13, 2007 — Regular Meeting

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November 13, 2007

Moweaqua Village Hall

7:00 P.M.


Call to Order

Pledge to the Flag

Roll Call

Approval of October Regular Meeting Minutes

Approval of Treasurer’s Report

Approval of Bills to be Paid in November

Mayor’s Report

Attorney’s Report

Committee Reports

Public Participation


  1. Lift Station Repairs – Louis Jordan
  2. Shelby County Emergency Management – Gary Bryant
  3. Himes Subdivision – Terry Himes
  4. J.P. Construction Building Permit – Mayor Lowe
  5. Ground Storage Water Tank Cleaning – Louis Jordan
  6. Equipment Purchase – Boomer Neece
  7. Police Car Video Camera Grant – Howard Wise
  8. Abatement Ordinance – Attorney Antoline


  1. Ratify Motion to Submit ICC Lawsuit Claim – Mischelle Davis


The 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 Jon King, Mark Thomas, Steve Ruot, Jim Mahone and Mike Reschke.  Employees present were Lola Allen, Boomer Neece, Paul Bollhorst, Chief McLearin, Louis Jordan, Officer Maynard, and Attorney for the Village, Mike Antoline was also present.  Others present included Terry Himes, Gary Bryant and Steve Hooper.

Thomas made the motion to approve the minutes of the October Regular Meeting, Ruot seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.  No:  None.

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

Mahone made the motion to approve the Bills to be Paid in November, Ruot seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.  No:  None.

In Mayor Lowe’s report she stated that she had discussed with the Zoning Administrator and a property owner that he may need a variance for building.  Mayor Lowe stated that she spoke to them well in advance of the beginning of the project and prior to any foundation work.  She stated that by the time the building permit was obtained by the property owner footings had already been poured.  The permit application did not specify dimensions on the drawing which are needed to determine if a variance should be applied for.  Mayor Lowe asked Council to consider why we have a Zoning Board or Zoning Administrator if the zoning procedures and ordinances are going to be ignored.  Mayor Lowe feels that the procedures and ordinances should be followed by all citizens.

Mayor Lowe advised that Christmas on Main pole decorations should be removed by January 11 and asked if anyone would be willing to notify the Revitalization Committee.  Mike Reschke agreed to notify the committee.

Mayor Lowe reports giving permission to Papa Ronnies Pizza for a small temporary sidewalk display.  The display is for a special children’s night at the restaurant on the evening of November 20th.  Mayor Lowe stated that she would notify the restaurant if there were objections.  No objections were voiced.

Mayor Lowe then reported contacting Attorney Antoline when she received a Franchise Renewal notice from Suddenlink.  Attorney Antoline explained that the notice is a preliminary step towards the formal renewal and does not need to be acted upon at this time.  A representative of Suddenlink will contact us to discuss renewing in the future.

Mayor Lowe also received a letter regarding the PrimeCo litigation.  The Village of Moweaqua and other communities were ordered to refund money for a telecommunications infrastructure maintenance tax that was declared unconstitutional.  A committee was then appointed to determine where the money was to go.  A portion will go to 911 providers and to medical providers.  Unless the Village of Moweaqua objects to the distribution there is nothing that needs to be done.

Mayor Lowe informed Attorney Antoline that she had spoken to Rhonda England from the Busey Bank which was formerly the Main Street Bank.  England said she was waiting for documents from the Village regarding the property annexation.  Attorney Antoline replied that he had spoken to their attorney who had requested a waiver in order to put easements and roads in on the property for a subdivision.  Antoline explains that once easements and roads go in for a subdivision the assessed valuation begins to go up.  It is from the assessed valuation that we get the tax increment and we begin receiving our money for the development.  Antoline reminded council that the issue had been discussed at a previous regular meeting and it was decided at that time not to grant the waiver.  Antoline has e-mailed their attorney to clarify that their request is indeed for easements and roads and not just temporary access.  He has received no response to his e-mail yet.  Antoline recommends not extending the tax abatement when the Village could be receiving the tax increment, unless the Village wishes to do this for other developers.

Antoline reports that the annexations to the South are now completed.  Two properties that were originally thought to be part of the annexation are not going to be annexed at this time.  One parcel owner has stated that he wants to keep his options open for package liquor sales and will not annex.  Mayor Lowe stated that she does not think a liquor license can be issued within one mile of the Village limits.  Attorney Antoline will check to see if this is correct or if Shelby County Zoning over rides Village Zoning.  Since the property is not surrounded by Village property the owner can not be forced to annex.

Attorney Antoline questioned if it was indeed the Village’s intent to extend the street from the Shelby County State Bank to meet the Warren Street stub.  If  so, Attorney Dove is interested in knowing what the road surface will be constructed of.  Steve Bainbridge of BGM Engineering recommends an oil and chip surface that can be improved in the future if needed.  Antoline stated that Bohlen’s have agreed to dedicate 60 feet of their property to the Village for an easement right of way.  Bohlen’s are of the opinion that the property will be more desirable for developers if they do not have the burden of putting in a street.  Antoline states that the necessary paperwork for the dedication of easement is in the hands of the Bohlen Corporation representatives.

Attorney Antoline presented Abatement Ordinance for the 2007-2008 tax levy, #11/13/2007-1.  Mahone made the motion to approve Ordinance #11/13/2007-1, Thomas seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.  No:  None.

Steve Bainbridge of BGM Engineering was in attendance to discuss rehabilitation of the Pine and Cedar streets lift stations.  Bainbridge stated that they are in dire need of major repairs.  It is a costly project and bids will have to be obtained.  Start date of the project will likely be late spring or early summer, possibly about the time school lets out.  It will be less inconvenient while school is not in session.  Water and Sewer Superintendent Louis Jordan informed Council that the new systems will be equipped with cathodic protection.  King made the motion to approve the lift station rehabilitation project, Mahone seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.  No:  None.

Chief McLearin introduced Gary Bryant.  Bryant was in attendance representing the Shelby County Emergency Management Committee of which he is the coordinator.  Bryant is also the NIMS coordinator.  It is his job to coordinate emergency teams in preparation of disaster situations such as a tornado or ice storm.  To be in compliance the Village must have a NIMS Resolution, which it does.  Bryant informs Council that in addition to the NIMS Resolution, select Village employees will have to take classes to become NIMS certified.  The purpose of this Committee is to coordinate flow charts and guidelines for delegating objectives in the event of a disaster.  It is imperative that Communities are compliant with these regulations so that all organizations involved work together harmoniously and are able to prioritize relief in the proper order.  Being compliant also ensures immediate response to any disaster situation.

Terry Himes was in attendance to present a preliminary plat survey map to Council. Himes requested that Council review the proposed plat for discussion.  All were in agreement that the subdivision was acceptable.  King made the motion to approve that Himes have his final plat of survey done and continue with his subdivision project, Ruot seconded.  Council voting Yes:  King, Thomas, Ruot and Mahone.  No:  Reschke.

Mayor Lowe called on Water and Sewer Superintendent Louis Jordan.  Jordan reports that the outside of the ground storage water tank is again in need of a cleaning.  The usual cost of cleaning is around $1,500.00.  Jordan stated that he has consulted a new company who will clean that tank and also use a special treatment that will prolong the life of the cleaning.  The cost for the cleaning and treatment is $3,274 .35.  Jordan also stated that Midwest Mobile Washers is a reputable company that belongs to the Illinois Rural Water Association and he has received several good references for them.  Mahone made the motion to approve hiring Midwest Mobile Washers for cleaning and treating the ground storage water tank for $3,274.35, Reschke seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.  No:  None.

Mayor Lowe called on Street and Alley Superintendent Boomer Neece.  Neece requested approval to trade in two tractor mowers and purchase one zero radius mower and one tractor mower with scoop.  Neece reported obtaining several quotes and Hogan Grain came in with the lowest price of $9,978.00 with trade in.  Mahone made the motion to approve the purchase of a new mower from Hogan Grain for $9,978.00, Ruot seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.  No:  None.

The Clerk requested a motion to ratify the motion made at the October Regular Meeting approving the ICC lawsuit claim forms being filed by Attorney Antoline.  Mahone made the motion to ratify the decision to have Attorney Antoline file ICC lawsuit claim forms, Ruot seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.  No:  None.

Mayor Lowe requested a motion to adjourn if there was no further business to come before Council.  Ruot made the motion to adjourn, Mahone seconded.  Council voting Yes:  King, Thomas, Ruot, Mahone and Reschke.