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Minutes of Village Board Meeting - October 10, 2006President Jason Briscoe called the meeting to order at 7:02 p.m. followed by the Pledge of Allegiance. Members present: John Horvat, Ray Mason, Dennis Martin, Barry Thompson, John Jun, & Terry Houchens. Also present: Jim Grabowski – Village Administrator, Rob Tonarelli – Supt. of Public Works, Lloyd Unland - Police Chief, Chris Spesia – Village Attorney, Al Yancy – Fire Chief/Administrator, Chuck White – Building Inspector & Sean Kelly – Village Engineer. Changes to Agenda – President Briscoe stated that there were no changes to be made. Review of Minutes – Minutes of Plan/Zoning Board Meeting of September 19, 2006 were reviewed- there were no questions or comments. President Briscoe noted that they would be placed on file. Bills and Transfers – To be presented at October 24, 2006 meeting. Treasurer’s Report – To be presented at October 24, 2006 meeting. Public Forum – opened at 7:08 p.m. No one came forward Consent Agenda – there were no items to be considered. Old Items – Ordinance Amending Title 8, Chapter 4 of the Municipal Code Regulating Animals – Trustee Martin moved, Trustee Thompson seconded the motion to approve Ordinance #2006-36 amending Title 8, Chapter 4 of the municipal code regulating animals. Trustee Horvat feels that leashing cats would not be practical in the fact that this is a rural community not the inner city where there would be a problem, and that the village doesn’t have a long list of complaints and feels that the village is being too aggressive in approaching this ordinance. He feels that maybe the village could follow the county ordinance which requires leashing of dogs only. Trustee Martin commented that he feels that it is a good ordinance and maybe in the future the ordinance committee could look at it and maybe move toward re-defining different sections of it. Trustee Houchens stated that from some of the resident’s remarks the right move was to go forward with adopting the ordinance and President Briscoe also stated that the Citizen’s Advisory Committee made several comments about moving forward with the ordinance. Trustee Jun stated that for it to work, the village would need to enforce the ordinance. Hearing no other comments President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Martin, Mason & Houchens Nays: Horvat Motion carried. New Items - First Read – Resolution Consenting to the Creation of an Economic Development Project Area #1EDPA. Administrator Grabowski explained that the Economic Development Project Area #1 includes more than 12,000 acres within Aux Sable, Saratoga, Goose Lake and Morris Townships in which Minooka’s portion includes approximately 1,140 acres. He went on to say that the proposed plan would use incremental real estate tax revenues to finance specific project costs associated with the development of an area and/or reimburse bonds in connection with the development. The EDPA is intended to counter act the machinery and equipment tax, which treats machinery as real property. Grundy County is the only county in the state that taxes machinery. Dan Duffy from the Grundy Economic Development Council commented that the County Board would like to get the EDPA passed in a resolution form without delay due to the fact that perhaps several years from now there could be new county board members, new GEDC members and also have new members on the village board. The Board members asked that the lawyer look at the agreement before proceeding with it and bring it back to the next board meeting of October 24th. Ordinance Amending Title 7, Chapter 3, Section 4, Charges to Abate (Mowing Fees)-Administrator Grabowski stated that the fee for mowing is $75 per hour with a minimum of two hours and that the ordinance committee has reviewed the charges and would like to increase the fee for mowing to $150 per hour with a minimum of two hours billed. Trustee Mason moved, Trustee Jun seconded the motion to approve Ordinance #2006-37 amending Title 7, Chapter 3, Section 4, increasing the fee for abating the nuisance of weeks exceeding one foot in height. Ayes: Horvat, Jun, Thompson, Houchens, Mason & Martin Nays: None Motion carried. Ordinance Amending Sections 5-2-5, 5-8-3 (C), and 5-9-3 (C) of Municipal Code Adding Impervious Surface Ratio (PZC Case #2006-14) – Administrator Grabowski commented that the change in the ordinance that was suggested was the definition of impervious surface to include "areas of permanently standing water" or wet bottom detention ponds. He went on to say that impervious surface ratios are essential to create minimum areas of green space. The village sent letters to industrial developers with the anticipated code change and received no comments on the proposal. Trustee Mason moved, Trustee Jun seconded the motion to approve Ordinance #2006-38 amending sections 5-2-5, 5-8-3 (C), and 5-9-3 (C) of the municipal code adding impervious surface ratio for the M-1 and M-2 manufacturing zoning districts. Ayes: Jun, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Resolution Ratifying an Electricity Supplier Agreement – Administrator Grabowski explained that ComEd has had their prices fixed for the last nine years by the Illinois Commerce Commission (ICC), of which will end with deregulation, and the cost of electricity is expected to rise 20% to 60% according to information from ComEd. He stated that the Village’s rate could be estimated to be 135% for pumping (sewer and water) operations and that municipalities across the state are looking at ways to enter the market to buy power in order to alleviate some of the economic impact of increasing rates. The Village has joined the Northern Illinois Municipal Electric Cooperative (NIMEC) to bid electricity services with the anticipation the group would get significantly lower rates for electricity service, thereby saving money for customers and taxpayers. Constellation New Energy, Inc was the lowest bidder and compared to ComEd’s rates was a difference of 35% for the Village of Minooka. While the auction rate for Constellation New Energy, Inc is 14% higher than what we are currently paying, it is a savings over ComEd’s rate if we do nothing. The contract with Constellation New Energy, Inc would last 17 months of which would take us through June or July 2008 and after the 17 months another bid would take place, this time for 12 months at a cost that could save the village $100,000 by buying from them for the water and sewer pumping costs. The bid process only applies to water and sewer pumping at this time. Street lights were not included in the bidding process yet. Trustee Thompson questioned that with it being an election year and if our state government decided to continue the deregulation on ComEd rates, what are the village’s options then? President Briscoe stated that we would have to live with the agreement with Constellation New Energy, Inc for the next 17 months. Attorney Spesia stated that it is an exclusive contract for the village. Trustee Thompson wondered if it was an agreement that we had to enter into within the next 30 days and President Briscoe stated that it had to be signed by the end of tomorrow (Wednesday). Mr. Grabowski stated that he thought that the rate freeze was mainly for residential accounts, not for large accounts like the village and went on to say that at the same time, if the bid wasn’t accepted by the time frame, the village could lose out on substantial savings while electric rates are at an all-time low. He also stated that the village spent about $300,000 for electricity in the past year just on the pumping of sewer and water. Trustee Horvat questioned whether this was the only opportunity to purchase electricity other than ComEd and Mr. Grabowski stated that the village could go to other power suppliers and try to negotiate a dollar amount in a contract. Trustee Martin stated that it seemed to him that the village had an option to take a pass on this first deal and maybe wait the 17 months to go over it again. Trustee Martin moved, Trustee Jun seconded the motion to amend the resolution adding language to proceed only after checking with the village general liability insurance so that we can meet the indemnification requirement without putting the taxpayers directly on the hook. Ayes: Martin, Houchens, Jun, Mason & Horvat Nays: Thompson Motion carried. Mr. Tonarelli wondered if when the village gets the bill would there be a delivery charge and other break downs and Mr. Grabowski stated that yes there is a delivery charge of 1.1 cent per kilowatt hour. Trustee Thompson moved, Trustee Martin seconded the motion to table the amended motion until after the executive session to have more time to consider it. Mr. Spesia stated that this topic would not be discussed in executive session though. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Jun Nays: None Motion carried. Staff Reports –Administrator Grabowski reminded the Board about the Will County Governmental League luncheon to be held at Harrah’s in Joliet on Thursday, October 12, 2006 at 11:30 am. Parks/Recreation/Public Safety Committee Report – Chairman Houchens noted that the next committee meeting was scheduled for Monday, October 16th at 4:00 pm. Public Works Committee Report – Chairman Thompson stated that an open house is scheduled on Wednesday, October 18th at 5:00 pm for updates on the road construction around town. He also stated that the village would be considering the bid packets that have been received for the road construction. Finance/Personnel Committee Report – Chairman Martin noted that the next committee meeting was scheduled for Monday, October 16th at 5:00 pm. Economic Development/Public Relations Committee Report – Chairman Thompson had nothing to report. Ordinance Committee Report – Chairman Mason had nothing to report. Liquor Commission Report – Chairman Briscoe had nothing to report. Annexation Committee Report – Chairman Briscoe had nothing to report. Executive Session – President Briscoe announced that there was a need for an executive session and entertained a motion. Trustee Jun moved, Trustee Thompson seconded the motion to go to executive session to discuss land acquisition at 8:05 pm. President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Trustee Jun moved, Trustee Houchens seconded the motion to return to regular session at 9:15 pm. Ayes: Houchens, Horvat, Martin, Mason, Jun & Thompson Nays: None Motion carried. President Briscoe noted that there was no action to be taken from executive session. Trustee Thompson moved, Trustee Horvat seconded the motion to take the amended motion off the table. No one objected, discussion continued. Trustee Thompson stated that he felt the village and the village board did not have enough time to fully evaluate the contract and went on to say that he was not going to support it because of the time frame. Trustee Martin wondered if the village attorney had time to go over the contract and Mr. Spesia replied that he went over it and made some revisions but feels that the contract is not negotiable. President Briscoe stated that one option the village has, is to continue with the ComEd rate based upon the contract, or try to go to other energy suppliers. Trustee Martin moved, Trustee Houchens seconded the motion to approve Resolution #2006-R-712 authorizing the village administrator to sign an agreement with Constellation New Energy, Inc. for the provision of electricity for pumping facilities and/or street lights. Hearing no further comments or questions President Briscoe called for a vote on the motion. Ayes: Martin, Houchens, Jun, Mason & Horvat Nays: Thompson Motion carried. Hearing no further comments or questions, President Briscoe called for adjournment. Trustee Martin moved, Trustee Jun seconded the motion to adjourn the meeting at 9:30 p.m. All voted yes, motion carried. Milissa Felker, Deputy Clerk
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