FREEBURG REGULAR BOARD MEETING
Monday, September 20, 2004
7:30 p.m.
CALL TO ORDER: Mayor Allen Watters called the Regular Board Meeting to order at 7:30 p.m., on Monday, September 20, 2004, in the Freeburg Municipal Center Board Room.
PLEDGE OF ALLEGIANCE: Those present and Board Members recited the Pledge of Allegiance.
ROLL CALL: The following Board Members were present: Trustee Tom Gaby – present; Trustee Rita Baker – present; Trustee Mary Krieg – present; Trustee Paul Janssen – here; Trustee Tracy Coughlin - here; Trustee Tony Miller – here; and, Mayor Allen Watters – here. Mayor Watters announced there is a quorum.
Village Clerk Mary Grau was unable to attend the Board Meeting and Deputy Clerk Billie Louthan assumed the Clerk’s duties.
MINUTES OF THE PUBLIC HEARING: Trustee Paul Janssen motioned to approve the minutes of September 7, 2004, for the Public Hearing of Coast to Coast Business Equipment, Incorporated (Paul Faus) as presented and Trustee Tom Gaby seconded the motion. Roll Call: Trustee Paul Janssen – aye; Trustee Tracy Coughlin – aye; Trustee Rita Baker – aye; Trustee Mary Krieg – aye; Trustee Tom Gaby – aye; Trustee Tony Miller – absent. (6 ayes, 0 nays, 0 absent) All voting aye, motion carried.
MINUTES OF THE PREVIOUS MEETING: Minutes of the previous meeting, Monday, September 7, 2004, were approved as presented on a motion from Trustee Tom Gaby and seconded by Trustee Rita Baker. All voting aye, motion carried. (6 ayes, 0 nays, 0 absent)
FINANCIAL REPORT: For review only.
BALANCE SHEET: For review only.
TREASURER’S REPORT: Not available.
ATTORNEY’S REPORT: Attorney Greg Nold reported that legals are in for property that the Village is buying from Parrish and Valentine. The Coast to Coast annexation is taken care of. The Forcade annexation is scheduled for the next regular board meeting. The easements have been recorded from the Railroad property purchased. Dambacher letter has been sent to Building/Annexation/Zoning Committee Meeting.
Trustee Tracy Coughlin asked Attorney Nold about information they had discussed. Attorney Nold reported that all case law with respect to conflict of interest has to do with a fiduciary or pecuniary interest in a contract. It is all about a contract or legislation. I do not see this as the case. Mr. Koppeis has settled his lawsuit with the firm. I do not see any fiduciary interest or pecuniary interest in the project. These are preliminary findings. I have not been forwarded any case law or specific statutory reference.
An easement is being prepared for the Dickerson/Stafford’s access to their property.
ESDA REPORT: None
PUBLIC PARTICIPATION: No comments.
REPORTS
AND CORRESPONDENCE:
Freeburg Women’s Community Club – Halloween Parade: Trustee Tracy Coughlin motioned to accept the request by the Freeburg’s Women’s Community Club to hold a Halloween Parade Sunday, October 31, 2004, beginning at 5:00 p.m. on Belleville Street to the Freeburg Elementary School and Trustee Rita Baker seconded the motion. All voting aye, motion carried.
Trustee Tony Miller motioned to set the hours of trick or treating on Sunday, October 31, 2004, at 6:00 p.m. – 9:00 p.m. and Trustee Rita Baker seconded the motion. All voting aye, motion carried.
RECOMMENDATIONS OF BOARDS AND COMMISSIONS: None
CONTRACTS,
RELEASES, AGREEMENTS AND ANNEXATIONS:
SBC Telephone Company Agreement: Trustee Paul Janssen motioned to enter into the agreement with SBC Telephone Company for their plans to move wiring and have the Mayor sign the agreement and Trustee Tracy Coughlin seconded the motion. Roll Call: Trustee Paul Janssen – aye; Trustee Tracy Coughlin– aye; Trustee Tony Miller – aye; Trustee Tom Gaby – aye; Trustee Rita Baker – aye; and, Trustee Mary Krieg – aye. (6 ayes, 0 nays, 0 absent) Motion carried.
IDOT SUBORDINATION AGREEMENT FOR ROUTE 13/15 PROJECT: Trustee Paul Janssen motioned to authorize the Mayor to sign the Subordination Agreement for the Route 13/15 Project and Trustee Tracy Coughlin seconded the motion. Roll Call: Trustee Paul Janssen – aye; Trustee Tracy Coughlin – aye; Trustee Mary Krieg – no; Trustee Tony Miller – aye; Trustee Rita Baker – aye; and, Trustee Tom Gaby – aye. (5 ayes, 1 nay, 0 absent) Motion carried.
BIDS: None
RESOLUTIONS: None
ORDINANCE: None
OLD BUSINESS: None
NEW BUSINESS: None
APPOINTMENTS: None
COMMITTEE
MEETING MINUTES:
Police Committee Meeting: Chairman Tony Miller reported on the Police Committee Meeting held Monday, September 13, 2004, 4:30 p.m.
Chairman Miller explained the Police Department has been discussing fees for services the Freeburg Police Department provides the community.
Committee members talked about the Sergeants position that is vacant from Sergeant Stan Ruckman’s resignation. The Committee hopes the position will be filled by the first of the year.
Discussion was held about a speed limit change in Meadow Brook Subdivision.
With the theory of one officer per 500 residents, a new officer position should be placed in the next 2005-2006 budget.
Trustee Mary Krieg asked about students loitering. Chief Woodruff explained the students have been hanging around the old Classen house and getting on the porch and property.
Electric Committee Meeting: Chairman Tracy Coughlin reported on the Electric Committee Meeting held Tuesday, September 14, 2004, at 4:30 p.m.
Chairman Coughlin reported the Committee reviewed the electric expansion progress. There are some pieces that need to be replaced to be compatible to our system and the replacement parts are only manufactured by the manufacturer of the component. Trustee Tracy Coughlin motioned to waive the bidding process to purchase two (2) sets of three PT’s, mounting pans and associate parts in relation to the expansion and Trustee Paul Janssen seconded the motion. Roll Call: Trustee Tracy Coughlin – aye; Trustee Paul Janssen – aye; Trustee Rita Baker – aye; Trustee Mary Krieg – aye; Trustee Tony Miller – aye; and Trustee Tom Gaby – aye. (6 ayes, 0 nays, 0 absent) Motion carried.
Trustee Tracy Coughlin motioned to purchase the replacement parts from Eaton Electrical Services and Systems in the amount of $17,175.00 and Trustee Mary Krieg seconded the motion. Roll Call: Trustee Tracy Coughlin – aye; Trustee Mary Krieg – aye; Trustee Tom Gaby – aye; Trustee Rita Baker – aye; Trustee Tony Miller – aye; and, Trustee Paul Janssen – aye. (6 ayes, 0 nays, 0 absent) Motion carried.
Trustee Coughlin reported that BHM&G advised us that we received a violation of an IEPA Operating Permit. It was an administrative discrepancy as far as IEPA is concerned. Our representatives from BHM&G recommend that we secure the services of an attorney to defend and safeguard our position through this matter. BHM&G has admitted that it was their fault. Once we work through this system, they will reimburse us depending on how it works out. We do not know what the litigation is going to entail and review of documents that are associated with this, it was recommended that we secure the attorney firm of LaDonna Driver for not to exceed an amount of $7,500.00. Trustee Tracy Coughlin motioned to secure the law firm of LaDonna Driver for an amount not to exceed $7,500.00 to represent the Village concerning the CAAPP Permit and Trustee Paul Janssen seconded the motion. Trustee Rita Baker asked if BHM&G was going to put in writing that BHM&G is going to reimburse the Village. Trustee Coughlin stated they clearly said it was their fault. They submitted the application - it came back on them. As far as something in writing, they are not going to admit to anything at this time, but it is obvious it was their fault. They had put the wrong date in the wrong place and submitted it.
Roll Call: Trustee Tracy Coughlin – aye; Trustee Paul Janssen – aye; Trustee Tony Miller – aye; Trustee Tom Gaby – aye; Trustee Rita Baker – aye; and, Trustee Mary Krieg – aye. (6 ayes, 0 nays, 0 absent) Motion carried.
Trustee Coughlin reported he had directed Administrator Snider to contact BHM&G to prepare a line of credit or financing for the Electric Expansion Project for the next Electric Committee Meeting.
Water and Sewer Committee Meeting: Chairman Tom Gaby reported on the Water and Sewer Committee Meeting held Wednesday, September 15, 2004, at 4:30 p.m.
Trustee Gaby reported the Committee has been discussing changing the meter reading system to a Multi-Utility Automated Meter Reading System. The Committee recommends purchasing water and electric meters from Midwest Meters. Trustee Gaby reported that the costs would be covered because the people buying the lots and purchasing the meters will be paying for the equipment, which is the practice now. The new meters will be put into the new subdivisions and gradually in other areas. Trustee reported that the Electric Committee also discussed the upgrade. Trustee Gaby also reported it will save the Village money for the meter readers. Assistant Public Works Director John Tolan reported that every meter has a code and when you drive by, it will wake up that transmitter and send it into the computer. The hand-held unit can then be brought in and set it next to the computer and all the meter readings will be automatically entered into the computer. Trustee Tom Gaby recommends purchasing 100 water meters at a cost of $189.00 each; 100 electric meters at $75.50 each; drive-by system at a cost of $9,618.00; and, hardware/software interface at a cost of $100.00 each month, with the costs being shared by the Water Department and Electric Department and Trustee Tracy Coughlin seconded the motion. Roll Call: Trustee Tom Gaby – aye; Trustee Tracy Coughlin – aye; Trustee Rita Baker – aye; Trustee Mary Krieg – aye; Trustee Tony Miller – aye; and, Trustee Paul Janssen – aye. (6 ayes, 0 nays, 0 absent) Motion carried.
Trustee Gaby also reported that the Village has always tried to work with the community concerning sewer backups within reason. The Village’s insurance company has always stated the Village is not liable for the sewer backup and should not be paying for it. Trustee Tom Gaby motioned to recommend Attorney Greg Nold prepare an ordinance/resolution stating beginning January 1, 2005, that the Village will no longer be responsible for any sewer backups and Trustee Tony Miller seconded the motion. Trustee Gaby reported that the homeowners check their insurance policies to make sure they have sewer coverage and the coverage is very inexpensive. Roll Call: Trustee Tom Gaby – aye; Trustee Tony Miller – aye; Trustee Rita Baker – aye; Trustee Tracy Coughlin – aye; Trustee Mary Krieg – aye; and, Trustee Paul Janssen – aye. (6 ayes, 0 nays, 0 absent) Motion carried.
Trustee Gaby discussed another project along Route 13/15 that Rhutasel and Associates has submitted for removal of fire hydrants. Trustee Tom Gaby motioned to enter into an Engineering Agreement with Rhutasel and Associates for a contract in the amount of and not to exceed $1,900.00 to move fire hydrants along Route 13/15 and Trustee Paul Janssen seconded the motion. Roll Call: Trustee Tom Gaby – aye; Trustee Paul Janssen – aye; Trustee Tony Miller – aye; Trustee Tracy Coughlin – aye; Trustee Mary Krieg – no; and, Trustee Rita Baker – aye. (5 ayes, 1 nay, 0 absent) Motion carried.
Street Committee Meeting: Chairman Paul Janssen reported on the Street Committee Meeting held Wednesday, September 15, 2004, at 5:30 p.m.
Trustee Paul Janssen reported the Village had received a request from Union Planters Bank, Mr. and Mrs. Lee Smith, Mr. and Mrs. Donald Smith and Ms. Marla Smith to make the alleyway, which runs through Union Planters’ bank lot from Alton Street to State Street a one-way street, going east. The Committee decided to table the request for thirty (30) days. We would like to have comments from the public on the issue. The Committee did not have a problem with it, but at the same time we wanted the public to have a chance to weigh in on it.
The Dickerson/Stafford easement, which Attorney Greg Nold is working on, is important and the Village needs to act upon it.
Thouvenot, Wade and Moerchen has done the final inspection of Lone Oak Trails Subdivision along with Public Works Director Ron Dintelmann, which there are a few problems, but they are being worked out. No action to be taken by the Board at this time.
The IDOT Route 13/15 Subordinations have been reviewed and voted on earlier.
UPCOMING
COMMITTEE MEETINGS:
Personnel & Ordinance Committee Meeting, Tuesday, September 21, 2004, 5:30 p.m.
Building, Annexation, Zoning Committee Mtg., Wednesday, September 22, 2004, 5:30 p.m.
Police Committee Meeting, Monday, September 27, 2004, 4:30 p.m. CANCELLED
Plan Commission, Wednesday, September 29, 2004, 7:30 p.m.
Finance Committee Meeting, Thursday, September 30, 2004, 4:30 p.m.
Board Meeting, Monday, October 4, 2004, 7:30 p.m.
VILLAGE
PRESIDENT’S AND TRUSTEES’ COMMENTS:
Mayor Allen Watters: We are losing a very good employee and friend of ours. Friday, September 24, 2004, will be her last day. She will be with the Village for a couple more weeks, but she will be on vacation. I don’t know how many times we will call her back. On Friday, September 24th between 1:00 p.m. and 3:00 p.m., we will have a little going away party for her. Anyone is invited.
Trustee Mary Kreig: Even though the TIF is not on the agenda, I keep hearing comments that we, on the board, are doing it. I would like to remind people that the proposition was brought to us. If other business people in the community want to bring propositions to the board, we are always anxious to help our local businessmen, but you have to take some responsibility for new developing opposition. Mr. Koppeis did that and that is why we are where we are today with the TIF. Again, the board did not go out and did not create this. It was brought to us and we see this as an opportunity and any other business person in Freeburg can do the same.
Trustee Rita Baker: Nothing
Trustee Tom Gaby: Pass
Trustee Paul Janssen: I just want to thank Billie for all the work she has done for the Village. Not only for the Village, but also for the schools and all the other organizations (Park District, Rotary Club) all the things she has done over the years. She has done a great job for the Village of Freeburg and I just want to thank you Billie.
Trustee Tracy Coughlin: After those same sentiments, I will definitely miss you Billie. You have been a great help to me while I have been on the board.
Another item I would like to discuss. I received a letter today and I want to make sure its clear as to what is going on. Trustee Coughlin read a portion of a letter from Gray, Ritter & Graham, attorneys for Joe Koppeis and was sent to Attorney Greg Nold. It is a letter reference the TIF. “We are concerned that one of the trustees has apparently taken a public position on this issue and is likely to vote on this. Tracey (sic) Coughlin is a professional employee of TAMS Engineering as (sic) has been for a number of years. Recently, Mr. Koppeis successfully resolved long-standing litigation against TAMS. Because of this situation, it is in our opinion a conflict of interest for Mr. Coughlin to speak against and vote against this issue. Certainly we do not question Mr. Coughlin’s desire to act in the best interest of Freeburg, but in this particular situation, it appears that the Koppeis/TAMS litigation is influencing his position. This creates a conflict of interest and we wish to bring that to the City’s attention.” Trustee Coughlin stated, “While he did bring this to the City’s attention, but he was not the first to bring it to the City’s attention. If you recall, on December 1, 2003, I brought this to the City’s attention and apparently there was no problem with it at that time. Because I have taken a position that he does not favor, he feels compelled now to make these comments. I just want to be clear that there has never been a conflict of interest. I have identified any potential. I have consulted with our attorney. Apparently, there is not a problem. I would have been the first to step aside if there is a conflict. If this is his way of trying to get a business in town or get my vote or my city voice squashed, good luck is all I can say to him.”
Trustee Tony Miller: Whatever this letter says, I don’t think anybody here believes that you are voting that way and whether your opinion is different from mine or anybody else out here, that is your right. Whatever this says here, is completely off base. I think all of us have our own opinions and whether Mr. Zipfel or Mr. Niemann agree with me or not or disagree, which ever the case may be, I hope that whatever comes out of this that we can still all work together. I did not take this position for the monetary value. I did it because I want the Village to grown and be successful.
Mayor Watters also stated that he does not think it has affected Trustee Coughlin’s vote.
Administrator Jim Snider: Nothing
PWD Ron Dintelmann: Absent
Attorney Greg Nold: Nothing
APWD John Tolan: Nothing
Administrative Assistant/Deputy Clerk Billie Louthan: Nothing
Trustee Paul Janssen motioned to adjourn at 8:16 p.m. and Trustee Tracy Coughlin seconded the motion. All voting aye, motion carried.
Billie Louthan
Deputy Clerk