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Village of Maryville, Illinois

Description Board Minutes
Date 6/18/2008 Location Council Chamber
Time Speaker Note
7:00:00 PM Gulledge Called the Board meeting of Wednesday, June 18, 2008 to order and invited those in attendance to join in the Pledge of Allegiance. After the Pledge, asked for a roll of those officers present. Answering the roll call were Trustees Limberg, Schmidt, Bell, Callahan, Kostyshock and Garcia. Also in attendance were Clerk Long, Public Service Officer Jones, Comptroller Brussatti, Police Chief Schardan, Building and Zoning Administrator/Fire Chief Flaugher and three (3) reporters.
7:00:53 PM Gulledge Called for approval of the June 4, 2008 Board and Public Hearing Minutes. Asked if there were any questions, additions or subtractions to the minutes as prepared by the Clerk. There were none. Motion to approve was made by Schmidt and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:01:27 PM Gulledge Called for approval of the bills submitted for payment. Asked if there were any questions, additions or subtractions to the bills. There were none. Motion to pay was made by Kostyshock and seconded by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:02:03 PM Gulledge Went to Communications.
7:02:12 PM Long Presented two letters of resignation: First from Officer Phillip Huniak resigning from the Police Department; and second from Jason Besserman resigning from the Fire Department. She read each letter in its entirety.
7:04:45 PM Gulledge Called for a motion to place the Communications on file. Motion was made by Bell and seconded by Callahan. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:05:23 PM Wigginton Discussed Legal Matters. Presented Resolution 2008-13, Final Development Plan for Executive Plaza Lots 1,2 and 3. Read the Resolution in its entirety.
7:06:36 PM Gulledge Called for a motion to approve Resolution 2008-13. Motion was made by Limberg and seconded by Kostyshock. 
7:06:55 PM Schmidt Asked if there were any variances involved with this plan. 
7:06:58 PM Gulledge Responded no. With no further questions or comments, asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:06:59 PM Wigginton Presented Resolution 2008-14, Final Development Plan for 159 Strip Center. Read the Resolution in its entirety.
7:09:10 PM Gulledge Called for a motion to approve Resolution 2008-14. Motion was made by Bell and seconded by Limberg.
7:09:24 PM Callahan Asked location. 
7:09:26 PM Gulledge Explained location. 
7:09:45 PM Callahan Asked what is meant by off-street parking requirements.
7:10:02 PM Flaugher Responded the code requires a certain number of parking per 1,000 square feet of building space, which is very restrictive. Explained based on the type of development or business, many times developers ask for a variance for less amount of spaces. Stated the code requires eight spaces per 1,000 square feet of building; most communities require five. Stated the developer asked for a variance for six spaces per 1,000 square feet of building. Stated the Planning Commission and Zoning Board both felt, with the type of business this will be, six was ample. 
7:10:49 PM Callahan Clarified "off street" means a parking lot versus on the street.
7:10:55 PM Flaugher Agreed it is confusing; however that is the way the Code reads.
7:11:10 PM Schmidt Asked if a copy of the variances will be attached to the plans. Flaugher responded yes. Explained the minutes are the record for the Zoning Board of Appeals.
7:11:28 PM Gulledge With no further questions or comments, asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:11:48 PM Wigginton Presented Ordinance 2008-20, authorizing the execution of a Water Service/Pre-Annexation Agreement for property of Anthony Luzzio and Carrie Bare, located at Lot 16 Meierwood Gaslight Estates Subdivision, First Addition, commonly known as 2 Trailridge Lane, Glen Carbon, Illinois. Read the Ordinance in its entirety.
7:12:55 PM Gulledge Called for a motion to approve Ordinance 2008-20. Motion was made by Kostyshock and seconded by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:13:32 PM Wigginton Presented Ordinance 2008-21 authorizing execution of a Water Service/Pre-Annexation Agreement for property of Edgar and Janet Santos located at 2154 North Bluff Road, Collinsville, Illinois. Read the Ordinance in its entirety.
7:14:21 PM Gulledge Called for a motion to approve Ordinance 2008-21. Motion was made by Kostyshock and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:14:54 PM Wigginton Presented Ordinance 2008-22 Adopting 2008 Prevailing Wage Laws. Explained the Ordinance is required pursuant to Illinois Statute Chapter 820 ILCS130/1-12. Explained the Ordinance sets the prevailing wages for Madison County as provided to Maryville by the State of Illinois.
7:15:46 PM Gulledge Called for a motion to approve Ordinance 2008-22. Motion was made by Schmidt and seconded by Kostyshock. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:16:20 PM Wigginton Presented Ordinance 2008-23 Amending Code Section 150.17, Permit Fee Schedule (d), Plumbing Inspection Fees, Item (n), Cost for Inspections. Read the Ordinance in its entirety.
7:17:51 PM Gulledge Called for a motion to approve Ordinance 2008-23. Motion was made by Kostyshock and seconded by Limberg.
7:18:16 PM Callahan Asked if the fee for a change is a new addition to the ordinance.
7:19:26 PM Flaugher Explained this is specifically for plumbing. Stated if a room addition includes plumbing, you are required to have a plumbing inspection along with the building permit for the room addition. Explained the County set the fee at a lesser amount, as this is likely a one-inspection type job as opposed to new construction where they may be out several times.
7:20:29 PM Gulledge With no further questions or comments, asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:20:51 PM Wigginton Presented Ordinance 2008-24 Establishing and Designating the Route 159/162 Business District. Explained this Ordinance establishes the district appearing on the map referred to as a Business District.
7:21:42 PM Gulledge Called for a motion to approve Ordinance 2008-24. Motion was made by Schmidt and seconded by Limberg.
7:21:56 PM Callahan Commented he is against this issue. Asked how they know the area is eligible for the Business Development Act. 
7:22:04 PM Wigginton Responded it is based upon the Business District Plan prepared by PGAV on May 23, 2008 where they have given the opinion it is eligible. 
7:22:15 PM Callahan Clarified that plan was paid for by the developer. 
7:22:23 PM Wigginton Responded that is the responsibility of Maryville Acquisitions LLC. 
7:22:29 PM Gulledge Commented it was prepared for Maryville; however Maryville did not pay for it.
7:22:36 PM Gulledge With no further questions or comments, asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - no; Kostyshock - yes; Garcia - yes. Motion carried.
7:23:00 PM Wigginton Presented Ordinance 2008-25 Approving the Route 159/162 Business District Plan, which has been the subject of two public hearings held June 4 and June 11, 2008. Explained this Ordinance adopts the plan establishing the Business District, and will be the official plan for the 7 acre tract.
7:23:43 PM Gulledge Called for motion to approve Ordinance 2008-25. Motion was made by Kostyshock and seconded by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - no; Kostyshock - yes; Garcia - yes. Motion carried.
7:24:30 PM Wigginton Presented Ordinance 2008-26 imposing a Retailers Occupation Tax, Service Occupation Tax, and Hotel Owners Occupation Tax in the area designated on the map referred to, known as the Illinois Route 159/162 Business District. Explained the under the Business District Act, the municipality is allowed to charge a 1% additional tax on gross receipts from sales made within that district with certain exceptions. Stated the exclusions are the 1% additional tax shall not be imposed on food for human consumption to be consumed off the premises where it is sold, other than alcoholic beverages, soft drinks and food prepared for immediate consumption; prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person and insulin, urine testing materials, syringes and needles used by diabetics for human use. Stated the Ordinance requires the Village to deposit funds from the additional 1% sales tax in a Business District Tax Allocation Fund, which the Village will set up in the future.
7:25:50 PM Gulledge Called for a motion to approve Ordinance 2008-26. Motion was made by Schmidt and seconded by Kostyshock.
7:26:28 PM Bell Asked if the section regarding what the fund is to be used for can be explained.
7:26:45 PM Wigginton Explained it requires the Village to deposit funds received in a separate account to be used as provided in the Business District Act. Stated the funds must be used for reimbursable eligible project costs incurred in the Business District. Explained any surplus funds remaining in the fund after all project costs and retirement of all obligations have been met shall be distributed to the Village Treasurer for deposit in the Village's General Fund.
7:27:48 PM Bell Clarified the maximum length the 1% tax can be collected is 23 years. Asked if the minimum dollar amount is included in the Ordinance.
7:27:52 PM Wigginton Responded no, as they don't know what the costs will be.
7:28:00 PM Gulledge Explained the developmental agreement has not yet been finalized, and is the next item they will bring before the Board. 
7:28:14 PM Bell Clarified the reference to "development cost" does not mean the entire cost, but whatever the agreed-upon number is. 
7:28:20 PM Wigginton Responded that is correct. Explained if the obligations are paid off quickly, the Village can decide to keep it going for future eligible project costs or terminate it, for which there is a provision.
7:28:49 PM Garcia Asked if this means they will get 1% sales tax until the project is paid for.
7:28:55 PM Wigginton Responded no. Explained within the area, the Village has the right to charge an additional 1%. Stated the 1% goes to the State, comes back to Maryville and goes into a fund. Stated it cannot stay in that fund for more than 23 years, by Statute; however it can be retired earlier and the Village can adopt an ordinance repealing it once they have met any eligible project costs that it has agreed to reimburse.
7:29:33 PM Gulledge Clarified for Garcia this is not the 1% the Village receives on sales; this is an additional 1%.
7:30:40 PM Gulledge Suspended the meeting until technical issues could be resolved.
7:31:25 PM Gulledge With no further questions or comments, asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - no; Kostyshock - yes; Garcia - yes. Motion carried.
7:31:46 PM Wigginton Presented Ordinance 2008-27 annexing and zoning certain territory commonly known as the First Baptist Church, Maryville property located at 2064 Lakeview Acres Road. Stated this relates to a voluntary petition for annexation filed by the property owner. Stated a copy of the legal description and a map of the property is available for inspection. Stated notice was provided to all taxing districts and commissioners, proof of which is available. Read the remainder of the Ordinance.
7:33:37 PM Gulledge Called for a motion to approve Ordinance 2008-27. Motion was made by Garcia and seconded by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:34:38 PM Gulledge Went to Old Business.
7:34:51 PM Kostyshock Made a motion to accept the proposal from United Systems and Summit Software in the amount of $5,020 to upgrade the Water Department Meter Reading software.
7:35:03 PM Gulledge Called for a second to the motion. Second was made by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:35:32 PM Kostyshock Tabled the next agenda item, Pay Application #1 and Final from JE Construction for Sidewalk Extension to Illinois Route 159, due to the fact the contractor has not completed the work.
7:35:44 PM Garcia Asked Mayor to handle her business, as she did not know what was being done.
7:35:49 PM Gulledge Explained the issue was discussed at last week's Caucus meeting. Stated it is one change clarifying that employees' dependents eligibility for other insurance does not mean eligibility under COBRA continuation coverage.
7:36:58 PM Wigginton Explained the question came up whether an individual is eligible under the Village's plan if they are eligible for coverage under a COBRA plan. Stated he met with Ben Crowder of Baugher Financial to review the plan as well as the practice, as the Village has allowed participation in the plan despite COBRA eligibility in the past. Stated Ben Crowder and he came up with this verbiage to make the issue clear so as to avoid ambiguity in the future.
7:38:16 PM Callahan Clarified the Village could make COBRA eligibility count against Village Plan eligibility if the Board chose.
7:38:19 PM Wigginton Responded they could apply it in future, but have not applied it in the past.
7:38:24 PM Callahan Asked if they are conducting this discussion in the proper format, as they don't have a motion.
7:38:30 PM Gulledge Asked for a motion and second. Motion was made by Schmidt and seconded by Limberg.
7:38:48 PM Callahan Stated they worked on this issue for two to three years. Stated examples were given of employees' spouses whose insurance was bad and the Village denied acceptance on their plan to those individuals. Stated the employer has to offer COBRA to exiting employees. Asked why they are changing the policy. Commented they are encouraging people who have the ability to leave their job in order to take the Village's insurance. Commented they are discriminating against people who can't afford to quit and subsequently are forced to take sub-standard insurance. Clarified the Village sets the policy and can say the COBRA user is eligible; however how is it different than any other type of insurance offered by an employer.
7:40:05 PM Wigginton Stated Callahan referenced this issue as a change; actually nothing is being changed, they are simply documenting what has been done in practice for years. Stated they could continue without the documentation; however because the policy was questioned earlier in the year, the decision was made to include verbiage in the policy. Explained the difference is, COBRA is a case where a spouse loses their job; it is not that someone has different insurance and simply wants to get a better plan.
7:40:58 PM Bell Commented COBRA has a time limit.
7:41:03 PM Wigginton Responded it can be eighteen months; however it can be extended in cases of Social Security Disability for up to 29 months. Stated one way or another, the person is coming on the Village's plan eventually. Reiterated this is not a change, as the Village has been allowing this in practice for some time.
7:41:24 PM Gulledge Commented they are simply making it clear in the policy.
7:41:54 PM Callahan Asked if a person quitting their job is eligible for COBRA.
7:41:58 PM Wigginton Answered yes, if the employer is eligible.
7:42:03 PM Callahan Stated he thinks it is a big change. Stated he is unaware what the policy in the past has been; however it should have been what it says. Reiterated his opinion it discriminates against individuals that cannot afford to quit. Commented the whole purpose of the entire insurance process they have been going through is to save the Village money, as it is the most expensive item offered other than wages.
7:42:56 PM Garcia Commented she is confused. Clarified this is not money out of the pocket of the Village; if they want to participate in a health plan they have to pay the 100% coverage.
7:43:07 PM Gulledge Responded no.
7:43:43 PM Wigginton Stated this states if the only option available to an individual is COBRA, which only allows individuals to extend an existing plan under certain conditions for up to 18 months by paying the full premium, the individual can be added to the Village's plan.
7:44:06 PM Callahan Clarified the person quits their job and either pays their employer 100% or gets the Village's plan for free.
7:44:17 PM Wigginton Responded they are not getting it for free. Clarified they would be able to join at the Village if they are eligible. Explained the Village in the past has had employees' whose spouses have lost or quit their jobs and decided to come on to the Village's plan. Explained they are simply putting the practice in writing.
7:45:36 PM Callahan Stated they have to do it as an amendment because technically COBRA is insurance, and the way the policy reads if a dependent is eligible for someone else's insurance, they have to pay for the Village's.
7:45:54 PM Garcia Asked if the item can be tabled.
7:45:55 PM Wigginton Responded no, as there is a motion and second. Stated the item cannot be tabled unless the Trustee's withdraw their motion and second.
7:46:08 PM Gulledge Stated the Trustees have the option to vote yes, no or abstain. Explained the reason they are putting the item in writing is it is something that has been done in the past numerous times. Stated it came up because of one particular employee and one of the members of this Board. Stated Wigginton met independently with the insurance company to make sure the policy is spelled out. Stated they are not adding anything they haven't been doing all along. Explained there are a number of people this would currently affect.
7:46:54 PM Callahan Stated he believes he is the Trustee that asked Wigginton to check into this, as he does not think it goes with the policy. Stated just because it was done in the past does not make it right. Stated the policy specifically says eligibility for other insurance makes the dependent ineligible for the Village's policy except at 100% of the premium.
7:47:30 PM Gulledge With no further questions or comments, asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - no; Callahan - no; Kostyshock - yes; Garcia - no; Mayor - yes. Motion carried.
7:48:12 PM Gulledge Went to New Business/Trustees' Comments.
7:48:22 PM Limberg Stated a Planning Commission meeting is scheduled for June 23rd, at which two items will be presented for recommendation. Stated the first was a rezoning request for property owned by Tottleben located at 6537 State Route 162; the second was a rezoning request for property owned by Landridge located at 6529 State Route 162.
7:49:14 PM Bell Commented the Fishing Derby was successful, with approximately 90 kids participating. Stated 57 fish were caught. Commended Frerker and all volunteers for their success.
7:50:40 PM Callahan Asked regarding the rezoning requests, are they trying to rezone it so it can be B-1 even though they still plan to live in the homes.
7:50:57 PM Limberg Responded that is how he understands it. Stated he thinks they are looking toward a future sale.
7:51:20 PM Callahan Made a motion to accept the resignation of Officer Phillip Huniak effective June 17, 2008. Second to the motion was made by Kostyshock.
7:51:45 PM Limberg Asked how long he was a patrolman for the Village.
7:51:48 PM Gulledge Responded eight or nine months. Commented he will be missed. With no further questions or comments, asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:52:18 PM Callahan Made a motion to accept the resignation of Firefighter/Paramedic Jason Besserman effective June 30, 2008. Second to the motion was made by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:53:21 PM Gulledge Went to Calendar Updates. Schmidt commented the first meeting of the Comprehensive Plan Committee will be held tomorrow night and encouraged all Board members and Press to attend; Bell commented the Movie in the Park event will be held on June 27th; Gulledge commented the MCIB meeting will be held on July 7th; Homecoming July 11th and 12th.
7:54:48 PM Gulledge Went to Staff Reports.
7:55:05 PM Flaugher Reminded all the Homecoming is scheduled for July 11th and 12th. Stated they have not had a big response on kids' floats. Encouraged all to sign up for floats. Stated the theme is "Games People Play".
7:58:40 PM Gulledge Went to Mayor's Comments. Gave Allied Waste totals for May. Presented appointments to the Comprehensive Plan Committee, all of which are Maryville residents: Scott Allen, 708 Birch; Gary Kukla, 25 Oak Lake Court; Kelly Reynolds, 5 Hickory Drive; Lynn Kerfoot, 43 Duke; Sharon Frey, P.O. Box 226; Lou Bicanic III, 4 Ridgefield Court; Charles Dye, 1116 Oak Lane; Kathleen Mackey, 81 Santa Anita; Phillip Theis, 24 Fox Mill Drive; Doug Keene, 716 Valley Drive; Jill Walker, 6107 State Route 162; Paul Falbe, 7608 Stonebridge Drive; Stan Clark, 7 Forest Drive; Courtney Wright, 2333 Westchester Drive; Toni Carona, 2620 Fieldstone Drive; Ron Covarrubias, 1001 Robert Drive; Mike Valino 6045 Keebler Oaks Drive; Addie Hall, 2604 Iron Horse Drive. Stated they tried to cover as many areas of the community as possible to get some diverse opinions. Stated the Press and any other citizens are welcome to the meetings. Stated they especially invite the Board of Trustees to attend. Stated Tom Wobbe will be leading the procedure.
8:01:11 PM Garcia Asked if Sharon Frey is the same individual on the Planning Commission. She was told yes.
8:01:22 PM Gulledge Asked for a motion to go into Closed Session pursuant to 5ILCS120/2(c)(1) to discuss appointment, employment, compensation, discipline, performance or dismissal of an employee. Motion was made by Schmidt and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:20:09 PM Gulledge Asked for a motion to come out of Closed Session. Motion was made by Schmidt and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:20:29 PM Gulledge Asked for a motion regarding personnel matters.
8:20:35 PM Garcia Made a motion that Kenneth Grooms' employment with the Village of Maryville be terminated immediately. Second to the motion was made by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:21:10 PM Gulledge With no further business to come before the meeting, asked for a motion to adjourn. Motion was made by Schmidt and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:21:33 PM   The meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

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