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Minutes of Village Board Meeting - February 27, 2007MINUTES OF VILLAGE BOARD MEETING President Jason Briscoe called the meeting to order at 7:03 p.m. followed by the Pledge of Allegiance. Members present: John Horvat, Ray Mason, Dennis Martin, Barry Thompson, John Jun and Terry Houchens. Also present: Jim Grabowski - Village Administrator, Rob Tonarelli – Superintendent of Public Works, Lloyd Unland - Police Chief, Doug Hayse – Police Administrator, Chris Spesia - Village Attorney, Sean Kelly – Village Engineer, John Harrington – Finance Director and Chuck White – Building & Zoning Officer. Changes To Agenda –President Briscoe stated that Item 21 would be removed from the agenda. Review of Minutes – Minutes of Village Board Meeting of February 13, 2007 were reviewed. Trustee Martin moved, Trustee Jun seconded the motion to approve the minutes of the Village Board meeting of February 13, 2007 as presented. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Jun, Horvat, Martin, Mason & Houchens Nays: None Abstain: Thompson Motion carried. Bills and Transfers – Trustee Martin noted that the Finance Committee had reviewed them and recommended their approval. Trustee Martin moved, Trustee Jun seconded the motion to approve the Bills and Transfers as presented. Ayes: Houchens, Horvat, Martin, Mason, Jun & Thompson Nays: None Motion carried. Treasurer's Report – Trustee Martin noted that the Finance Committee had reviewed the Treasurer's Report and recommended its approval. Trustee Martin moved, Trustee Houchens seconded the motion to approve the Treasurer's Report as presented. Ayes: Horvat, Jun, Thompson, Houchens, Mason & Martin Nays: None Motion carried. Public Forum – opened at 7:06 p.m. No one came forward. Consent Agenda – Trustee Thompson moved, Trustee Horvat seconded the motion to approve the consent agenda. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Jun, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Resolution Approving Pay Request #1 for Massasoit St./Coady Dr. Project, P. T. Ferro Construction in the amount of $10,665.00 (2007-R-759) Resolution Approving Pay Request #2/Final for 2006 Street Maintenance Project, P. T. Ferro Construction in the amount of $56,436.90. (2007-R-760) Resolution Approving Letter of Credit Reduction Request for OPUS – Midpoint Road to $170,350.25 (2007-R-761) Resolution Approving Letter of Credit Reduction Request for Tucker Development to $27,750.00. (2007-R-762) Resolution Approving Release of Bond for Lakewood Trails 2A & 2B in the amount of $200,000. (2007-R-763) Old Items – there were no old items to be considered. New Items – Ordinance Amending Section 1-9-1 of Municipal Code Regarding Check Signers – Trustee Martin moved, Trustee Jun seconded the motion to approve Ordinance #2007-13 amending Section 1-9-1 of the municipal code regarding check signers adding John Harrington, Finance Director as an authorized signer of checks for the Village. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Jun, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Ordinance Requiring Sidewalk Installation on Vacant Lots – Administrator Grabowski stated that the sidewalk installation was for residential lots which had been plated for at least five years but do not have a public sidewalk across the front. The Village sent letters to the property owners stating that they were to put in a sidewalk within a certain time frame. The letter went on to say that if the property owner did not install the sidewalk then the Village would install it and collect the cost through a special assessment against the property. Trustee Martin wondered if the Village had the right to put a special assessment on an individual lot and Mr. Spesia stated that it was absolutely right for the purpose of collecting funds to reimburse the Village to install sidewalks. Trustee Houchens feels that the developers of subdivisions should be the ones to pay for sidewalks and not the Village. He asked if there was an estimated cost for installing the sidewalks. Mr. Tonarelli stated that it would probably cost about $1100 to $1200 per lot. Mr. Grabowski stated that one of the developers, Ryan & Smith has asked for flexibility in putting in the sidewalks due to the fact that they need to clean up some of the lots in the subdivision. Trustee Thompson commented that the Village has been trying for two years to get the developer to put in sidewalks and get the lots cleaned up. Trustee Thompson moved, Trustee Mason seconded the motion to approve Ordinance #2007-14 requiring sidewalk installation on vacant lots. Hearing no further questions or comments President Briscoe called for a vote on the motion. Ayes: Martin, Thompson, Jun, Mason & Horvat Nays: Houchens Motion carried. Resolution to Petition the Plan/Zoning Commission for Proposed Change to the Municipal Zoning Code Amending Section 5-11-6(E) – Trustee Mason moved, Trustee Jun seconded the motion to approve Resolution #2007-R-764 petitioning the Plan/Zoning Commission for proposed change to municipal zoning code, amending Section 5-11-6(E) regarding certain variances. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Jun Nays: None Motion carried. Resolution Authorizing Execution of Letter of Engagement for Audit Services, Brian Zabel and Associates – Administrator Grabowski stated that the proposal from Brian Zabel and Associates is for a term of three years not to exceed $10,000 per year. Trustee Martin moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-765 authorizing execution of a letter of engagement with Brian Zabel and Associates for auditing services. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Resolution Authorizing Execution of Consulting Services for Cable Television Franchise Renewal with Municipal Services Associates, Inc – Administrator Grabowski stated that the cable franchise agreement between the Village and Comcast has expired and that Municipal Services Associates, Inc. (MSA) provides consulting services in helping the Village renegotiate a franchise agreement. The total of the contract with MSA is in the amount not to exceed $21,725. Trustee Mason stated that he had a stipulation about Municipal Services Associates, Inc. fees. He feels that all they would be doing is driving around looking at cables on poles in order that they are not to close to someone else’s cables and feels that the two cable companies should pay for the service instead of the Village. Trustee Horvat expressed his concerns and feels the same way as Trustee Mason in the fact that the Village should not have to pay for the service. Trustee Horvat stated that this proposal seems to be coming about due to a state law eliminating the Village’s ability to franchise with cable companies and stated that the proposal would take us through the end of the year, but that the new law would take effect in April and if we sign this agreement would we be obligated to contract with any of the companies that are started or would we just be libel for the time used. Mr. Grabowski commented that if there is a law that prohibits cable franchising, than the Village would be able to get out of this contract. He then asked Mr. Spesia for advice. Mr. Spesia stated that there is a termination provisional in the contract that states that the Village can terminate in so many days and just pay for work completed. Trustee Thompson states that the scope of project work for this company is much greater than what is stated and that as infrastructure grows in a town the company is brought in and states what should be done in the town. Trustee Jun commented that the Village needs to rely on consultants for their input and that they (consultants) don’t do it for nothing. Trustee Mason questioned if the Village knows if this company is skilled enough in what they do. He wanted to know if the Village got any recommendations or references to find out if they do exactly as they say they do. Administrator Grabowski stated that he had worked with Municipal Services Associates, Inc. and that he could reassure the Board that they do what they say they are going to do. Mr. Spesia commented that he would like the resolution to be amended to include a terminating provision within the agreement. After further discussion President Briscoe stated that at the recommendation of the Village Attorney the resolution would be amended to include the standard termination of a clause in the agreement. Trustee Thompson moved, Trustee Jun seconded the motion to amend the resolution authorizing execution of consulting services for cable television franchise renewal with Municipal Services Associates, Inc subject to Village Attorney adding a reasonable termination provision within agreement. Ayes: Horvat, Jun, Thompson, Houchens & Martin Nays: Mason Motion carried. Trustee Thompson moved, Trustee Jun seconded the motion to approve Resolution #2007-R-766 authorizing the execution of a consulting service for cable television franchise renewal with Municipal Services Associates, Inc. Ayes: Houchens, Martin, Jun & Thompson Nays: Horvat & Mason Motion carried. Resolution Engaging Robinson Engineering to Complete a "Situation Assessment and Conceptual Design" for GIS – Administrator Grabowski stated that in short the GIS (Geographic Information System) is a system of hardware, software, data, people, organizations, and policies for collecting, storing, analyzing, and disseminating information about geographic locations. He went on to say that it is a computer based program to help manage our infrastructure on the most basic level. The estimated cost for the System Design Study would cost not to exceed $13,500. After discussion between the Board members it was decided that the issue would be tabled to the March 27th meeting, due to the fact that several Board members felt that they did not have enough information about the system to vote on it at tonight’s meeting. Trustee Martin moved, Trustee Thompson seconded the motion to table a Resolution Engaging Robinson Engineering to Complete a "Situation Assessment and Conceptual Design" for GIS until the March 27th Village Board meeting. Hearing no questions President Briscoe called for a vote on the motion. Ayes: Jun, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Resolution Approving Change Order #7 for Massasoit/Wabena Project, C. Thompson & Sons– Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2007-R-767 authorizing change order #7 for the utility upgrades and relocations on Massasoit Street, Coady Drive and Wabena Avenue projects to C. Thompson & Sons in the amount of $12,142.00. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Jun, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Resolution Approving Pay Request #7 for Massasoit/Wabena Project, C. Thompson & Sons – Trustee Mason moved, Trustee Thompson seconded the motion to approve Resolution #2007-R-768 authorizing pay request #7 to C. Thompson & Sons for the utility upgrades to Massasoit Street, Coady Drive and Wabena Avenue project in the amount of $132,634.07. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Martin, Houchens, Thompson, Jun, Mason & Horvat Nays: None Motion carried. Resolution Waiving Normal Bidding Procedure and Approving Proposal for Village Hall Improvements - Trustee Thompson moved, Trustee Martin seconded the motion to table Item 11 I till after executive session to have some time to think about approving a resolution waiving the normal bidding procedure and approving a proposal for the village hall improvements. Hearing no comments President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Resolution Rejecting Bids for the Mondamin Street/Ridge Road Landscape – Trustee Thompson moved, Trustee Jun seconded the motion to approve Resolution #2007-R-770 rejecting all bids for the Ridge Road and Mondamin Street landscape project. Hearing no questions President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Staff Reports –– Administrator Grabowski stated that the next Citizen’s Advisory Committee meeting was Wednesday, February 28th at 6:30 p.m. and that a special finance committee meeting was scheduled for Monday, March 5th at 4:00 p.m. along with a special parks committee meeting scheduled at 5:30 p.m. on the same day. Parks/Recreation/Public Safety and Storm Water Detention Committee Report – Chairman Houchens had nothing to report. Public Works Committee Report – Chairman Thompson had nothing to report. Finance/Salary/Personnel Committee Report – Chairman Martin stated that the finance committee met on February 26th to discuss the budget. He went on to say that a special finance committee meeting is scheduled for March 5th at 4:00 p.m. to review the capital budget and that an agenda will be posted. Ordinance Committee Report – Chairman Mason had nothing to report. Economic Development/Public Relations Committee Report – Chairman Thompson stated that the committee is reviewing dates for movies in the parks for the summer months. He also stated that the committee is working on a date for meet and greet with the Trustees. The date will be forthcoming for the meet and greet the Trustees. 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 to discuss probable litigation and collective bargaining. Trustee Jun moved, Trustee Thompson seconded the motion to go into executive session to discuss probable litigation and collective bargaining at 8:15 p.m. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Jun Nays: None Motion carried. Trustee Jun moved, Trustee Thompson seconded the motion to return to regular session at 8:36 p.m. Ayes: Horvat, Jun, Thompson, Houchens, Mason & Martin Nays: None Motion carried. President Briscoe noted that there was no action to be taken resulting from Executive Session. Trustee Mason moved, Trustee Thompson seconded the motion to remove from the table Item 11 I authorizing execution of a proposal for the remodeling of the Village Hall and waiving the bidding procedure. Ayes: Martin, Houchens, Thompson, Jun, Mason & Horvat Nays: None Motion carried. Resolution Waiving Normal Bidding Procedure and Approving Proposal for Village Hall Improvements – Trustee Martin moved, Trustee Thompson seconded the motion to approve Resolution #2007-R-769 authorizing execution of a proposal for the remodeling of the Village Hall in the amount of $39,900 and waiving the bidding procedure to S & S Custom Homes. Trustee Horvat stated that he could not support the proposal until he learned more about the improvements. He states that the remodeling has been brought up in the past but he himself had never been in a conversation to discuss the details. Hearing no further comments or questions President Briscoe called for a vote on the motion. Ayes: Mason, Thompson, Houchens, Martin & Jun Nays: Horvat Motion carried. Trustee Houchens moved, Trustee Thompson seconded the motion to adjourn the meeting at 8:46 p.m. All voted yes, motion carried. Milissa Felker, Deputy Clerk
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