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Village of Maryville, Illinois

Description Board Minutes
Date7/20/2005 Location Council Chamber
Time Speaker Note
7:00:28 PM Gulledge Called the Board meeting of Wednesday, July 20, 2005 to order, and invited those in attendance to join in the Pledge of Allegiance. He asked for a roll call of those officers present. Answering the roll call were Trustees Limberg, Schmidt, Callahan and Garcia. Trustee Bell arrived later. Trustee Kostyshock was absent. Also in attendance were Clerk Long, Attorney Wigginton, Public Works Director Presson, Building & Zoning Administrator Flaugher, Comptroller Brussatti, Police Chief Schardan, four (4) citizens, and two (2) reporters.
7:01:31 PM Gulledge Asked for a motion to amend the agenda to allow a Resolution for curb and gutter on Maryknoll Drive. He explained that this is necessary because it will be Motor Fuel Tax money. Schmidt made a motion to amend the agenda to show a Resolution for Curb and Gutter on Maryknoll Drive, using Motor Fuel Tax funds. The second to the motion was made by Limberg. Voting on the motion: Limberg - yes Schmidt - yes; Callahan - yes; Garcia - yes. Motion carried.
7:02:35 PM Gulledge Called for approval of the minutes from the July 6th Board meeting and the minutes of the July 6th Public Hearings. He asked if there were any questions, additions or subtractions to the minutes as prepared by the Clerk. A motion to approve the minutes was made by Limberg, and seconded by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Callahan - yes; Garcia - yes. Motion carried.
7:03:18 PM Gulledge Called for approval of the bills submitted for payment. He asked if there were any questions, additions or subtractions to the bills. There were none.
7:03:29 PM Bell Arrived and was seated.
7:03:45 PM Schmidt Made a motion to pay the bills. The second to his motion was made by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:04:11 PM Gulledge Went to Communications.
7:04:18 PM Long Read a letter from Save A Life Foundation asking that the Village proclaim September, 2005 as Save A Life Foundation month. She also read a letter from Madison County Development informing Mayor Gulledge that his request for an additional $30,000 for the Outreach Center Building has been granted.
7:07:53 PM Gulledge Asked for a motion to have the communications placed on file.
7:07:58 PM Bell Made the motion, and Schmidt made the second. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:08:15 PM Gulledge Went to Legal Matters with Attorney Wigginton.
7:08:24 PM Wigginton Discussed Resolution 2005-14, A Resolution Of The Village Of Maryville, Madison County, Illinois, Relating To The Acceptance/Rejection Of A Preliminary Plat. He said this resolution is for the Villages At Amberleigh, located on Route 162. The Planning Commission met on July 11, 2005 and reviewed and approved the Preliminary Plat. The developer has complied with all conditions and paid all fees.
7:09:33 PM Gulledge Called for a motion to approve Resolution 2005-14. Limberg made the motion to approve the resolution, and the second to his motion was made by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - no; Garcia - yes. Motion carried.
7:10:09 PM Wigginton Discussed Resolution 2005-15, A Resolution Authorizing The President And Board Of Trustees Of The Village Of Maryville To Enter Into a Maintenance Agreement With Itron, Inc. He explained this is an agreement for the maintenance of the water meter reading equipment software and hardware support. He commented that the agreement that was attached did not include his changes. He has his changes, which should be implemented.
7:11:23 PM Gulledge Said the Resolution will be approved with the Attorney's changes. He called for a motion to approve the resolution with the Attorney's changes. Garcia made the motion and the second was made by Limberg.
7:11:33 PM Bell Commented that the agreement states that it is effective from June 1 through February 28. He asked if it is not a full year agreement.
7:12:01 PM Presson Answered that this is for the software. It should be a full year next year. This year is prorated.
7:12:36 PM Callahan Asked if this is on the meters already in the ground. He was told it was for the actual software and hardware to read them.
7:12:49 PM Schmidt Questioned Item B of the agreement dealing with the handheld devices. These are still under warranty, why would the Village pay for maintenance on them.
7:13:24 PM Wigginton Commented that when he read the terms of attachment B, Meter Reading Maintenance Policy, he assumed it is for non-warranty items.
7:15:13 PM Presson Explained that this support for the software that is up and running, and if for some reason a change happens in a book, due to operator error, wrong key punched , etc. the support would be able to walk Melissa through the corrections.
7:16:53 PM Bell Commented that this is giving lesser price on phone support also.
7:18:23 PM Gulledge Called for a roll call on the motion and second. Voting on the motion: Limberg - yes; Schmidt - no; Bell - yes; Callahan - yes; Garcia - here. Motion carried.
7:18:58 PM Wigginton Discussed Resolution 2005-16, A Supplemental Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code. He explained that this is a standard resolution requested by the Illinois Department of Transportation allowing for the appropriation of $35,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from 01/01/05 to 12/31/05. This is related to contract maintenance on Maryknoll curb replacement.
7:20:04 PM Gulledge Called for a motion to approve Resolution 2005-16. The motion was made by Schmidt, and the second was made by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:20:37 PM Wigginton Read Ordinance 2005-30, An Ordinance Amending Section 91.008, Vehicles On Sidewalks, Of The Code Of The Village Of Maryville. He said this ordinance has been discussed in Caucus, reviewed, and approved. It will allow bicycles and other similar devices propelled solely by human power to use the Village's sidewalks, and clarifies those uses which are prohibited.
7:22:46 PM Gulledge Called for a motion to approve Ordinance 2005-30. Schmidt made the motion to approve and Bell made the second. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:23:18 PM Wigginton Read Ordinance 2005-31, An Ordinance Amending The Village Of Maryville Fire Prevention Code, Title IX, Chapter 94, Adoption Of Fire Prevention Code, Section 94.01.
7:24:38 PM Gulledge Called for a motion to approve Ordinance 2005-31. Schmidt made the motion to approve, and Limberg made the second. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:25:10 PM Wigginton Read Ordinance 2005-32, An Ordinance Amending The Village of Maryville Fire Prevention Code, Title IX, Chapter 94, Adoption of Life Safety Code, Section 94.02.
7:26:28 PM Gulledge Called for a motion to approve Ordinance 2005-32. The motion to approve was made by Bell, seconded by Garcia. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:27:01 PM Wigginton Read Ordinance 2005-33, An Ordinance Of The Village Of Maryville Regulating Open Burning.
7:32:17 PM Gulledge Called for a motion to approve Ordinance 2005-33. Schmidt made the motion to approve and the second was made by Limberg.
7:32:41 PM Schmidt Commented if someone calls the Village Hall and asks permission to have a bonfire, the Police Chief, Fire Chief, or the Village President has no authority to okay a bonfire for a party.
7:33:11 PM Wigginton Answered that this ordinance does not relate to campfires, unless there would be some unique public safety inference such as weather conditions, in which case, the Police Chief, Fire Chief or Village President could deny permission, or order that the bonfire be put out.
7:33:35 PM Schmidt Said his question is, if they call are they going to be told no.
7:33:37 PM Wigginton Said they will be told yes. This ordinance does not regulate camp fires. It allows camp fires, but it doesn't allow burning leaves, tree limbs, and garden materials after 4 p.m.
7:34:07 PM Callahan Commented he thinks it is harder to explain why it is a nuisance five days a week, and two days a week it isn't.
7:34:45 PM Wigginton Said the intent of this ordinance is not to regulate a camp fire. The intent is to control the burning of the leaves in the community. The intent was to allow burning twelve months a year, but only on Friday and Saturday, and only between 8 a.m. and 4 p.m.
7:35:08 PM Callahan Asked who is responsible for enforcing this ordinance.
7:35:11 PM Wigginton Replied the Police Chief, the Fire Chief, the Village President, or anyone else the Village President designates.
7:35:17 PM Callahan Asked who he would designate.
7:35:23 PM Wigginton Replied the Police Chief, the Fire Chief, or the Police Department or the Code Enforcement Officer, or the Building & Zoning Administrator.
7:35:29 PM Callahan Commented that one day when there is no one on duty on Sunday, it then becomes up to the Police Department for enforcement.
7:35:44 PM Wigginton Said the Mayor could go out and inspect it, and he has the power to do so. It would be his discretion as to whether it is a safety violation, or if conditions justify he can ask the homeowner to put out the fire.
7:36:00 PM Callahan Asked how they were going to notify the people that they are making this change.
7:36:02 PM Wigginton Replied if this passes, it will be published because it has a fine, and it will be put on the internet, and in the books in Village Hall that are available for public inspection.
7:40:35 PM Gulledge Commented to the Trustees that Attorney Wigginton didn't write this ordinance. He gave him the comments from the Caucus meeting a few months ago, that they all agreed by straw poll that this is what they wanted. He said if this is not what they want, they have the opportunity to vote it down. Wigginton did only what he was told to do. He commented that they need to use common sense.
7:40:40 PM Garcia Asked if the Police are out driving around, and they see someone burning when they shouldn't be, are the officers going to stop and tell them or ticket them, etc. She was told they should.
7:42:03 PM Gulledge Commented there has been a motion and a second, and asked for a roll call. Voting on the motion: Limberg yes; Schmidt - yes; Bell - yes; Callahan - no; Garcia - yes. Motion carried.
7:42:38 PM Gulledge Went to Old Business.
7:42:49 PM Bell Commented that he missed the Park Concert, and did anyone attend. Mayor gave him an update. There were approximately 35 to 40 people who attended.
7:43:01 PM Gulledge Went to New Business.
7:43:09 PM Limberg Made a motion to purchase a 1999 Ford Taurus, which was confiscated in a drug arrest, for the Police Department in the amount of $1732.77, which includes storage fees through Friday.
7:44:31 PM Gulledge Called for a second to the motion. Schmidt made the second. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:45:12 PM Limberg Made a motion to hire two police officers from the eligibility list, provided by the Police and Fire Board, and providing they pass all the tests and background checks. Schmidt seconded the motion.
7:46:03 PM Callahan Commented that it doesn't appear to matter, but can he find out the people's name. Garcia commented she wanted to know also. They were told the eligibility list is posted for public knowledge in the Police Department foyer. It is public record.
7:47:03 PM Gulledge Said he doesn't want their names given for the record, because they may not pass all the tests, etc. He asked for a roll call on the motion and second. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:48:21 PM Callahan Commented that what bothers him is that if the Village gets into an emergency situation, the Board cannot hire a police officer unless the person is on the list. There are no public safety measures.
7:49:23 PM Gulledge In the absence of Trustee Kostyshock asked for a motion to pay the final payment for Well #4 to Ehret Plumbing in the amount of $13,304.60. Garcia made the motion and the second was made by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:50:27 PM Gulledge Asked for a motion to approve the Microsurfacing Program for 2005 which will cover the Blackburn Terrace streets which are Gary, Bonnie, and Duke, and it also includes Maryknoll Drive. Schmidt made the motion to approve, seconded by Garcia. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried.
7:51:26 PM Gulledge Went to the next agenda item, Staff Reports.
7:51:43 PM Schardan Reported the new car came in yesterday, and is in the process of getting new markings. He commented that as far as training for the police officers, the academy is 400 hours or 10 weeks. One of the standards for field training officers is most programs run 14 weeks. He said it is usually about 6 months before an officer is released to be on his own.
7:52:43 PM Callahan Told Schardan, he has no problem hiring these two, but he would like him to find out if there are provisions so that, in an emergency, the Board could hire someone who would be ready immediately to be put on the street.
7:53:07 PM Schardan Commented that there is a provision in the rules that allows for hiring a temporary officer, but he thinks it can only be for three months.
7:53:43 PM Bell Asked Brussatti about the marquee. He said the lights are still out. Brussatti said he didn't know anything about it.
7:54:13 PM Presson Commented that he called about this today. He said they hope to have it up and running by Saturday. It was fixed, but they have discovered a short in the electrical box.
7:55:27 PM Callahan Asked Presson about the amount of water the new well will pump. Presson replied it is a little over 700 gallons per minute.
7:55:53 PM Long Reported that the 2004-2005 audit is underway.
7:56:04 PM Gulledge Went to Business From The Floor. There was none. He went to Calendar Updates and Trustee Comments.
7:56:40 PM Bell Asked Attorney Wigginton where they are with the Boat RV Ordinance. Wigginton replied he is going to listen to the minutes. Bell said at the next caucus meeting he will have three (3) items for discussion, all GIS related. One is the Phase II Juneau Contract, the second item is hardware and software training for GPS, and the third item is a GIS Server.
7:58:33 PM Garcia Asked if the police officers are still governed by the Personnel Policy as far as discipline and the environment. Mayor commented that most of it is under the jurisdiction of the Police Board. She asked how the Police Board would know if they have to fire someone.
7:59:03 PM Wigginton Said it would be from the recommendation of the Police Chief.
7:59:05 PM Gulledge Commented that either he, Police Chief, or Attorney, one of the three would recommend it.
7:59:20 PM Garcia Asked if they are still on probation when they are hired, as they are now.
7:59:51 PM Schardan Answered that on any disciplinary action, the Chief can suspend them for five days. The Police & Fire Board can agree, or they can disagree. They could recommend less time or more time as they see fit.
8:00:02 PM Gulledge Commented that what Schardan is saying is that if he or Flaugher suspends one of their employees for more than five days, or they recommend firing them, legally they can only suspend for five days, and the employee can appeal. He explained the procedure to her, and explained it is no longer the responsibility of the Personnel Committee concerning Police or Fire employees. The Telecommunicators are still under the Personnel Committee's jurisdiction, as is the Public Works and Administrative staff.
8:01:27 PM Callahan Asked if there is still a probationary period.
8:01:30 PM Schardan Said they have in the Police and Fire Board rules for policemen, it is still 12 months, one year, for someone who has the academy. If they have not had the academy the probationary period is extended to eighteen months.
8:03:44 PM Gulledge Discussed the calendar updates.
8:03:55 PM Schmidt Commented that there will be no Planning Commission meeting on July 25th.
8:04:09 PM Gulledge Said there is a Staff meeting on July 22nd at 8:30 a.m. On the 28th there is a Public Works meeting at 2 p.m. On Saturday, July 30 at 10 a.m. there is a groundbreaking for the Outreach Center.
8:05:19 PM Bell Commented that he wants the calendar updates e-mailed to him, so he can get them posted on the calendar. He said on August 21st there is another concert.
8:05:53 PM Callahan Commented there will be an Economic Development meeting in September.
8:06:08 PM Bell Said the Rabies Clinic is scheduled for September 10th. The Crawdaddy's Concert will be on September 18th.
8:06:25 PM Gulledge Commented that if any of the Board wants to attend the Outreach Center Groundbreaking on July 30th, let him know. Also, he has had several phone calls from the Bauer Lane area on the sewer project. He said there is a lot of work still to be done, Attorney Wigginton and Juneau have to generate an exhibit showing boundaries, legal description, a more efficient estimated project cost must be done, etc. He said at the August 3rd Board meeting, they will offer for the Board's consideration an ordinance proposing the establishment of Special Service Area #4, with a date for the Public Hearing. The Public Hearing will be on September 7, 2005 at 6:15 p.m. After this, there will be a 60 day lapse before passing an ordinance establishing the special service area. He commented that this is called a back door referendum. He said he wanted everyone to know they are still working on this. With nothing further to discuss, he called for a motion to adjourn.
8:08:35 PM Schmidt Made the motion to adjourn, seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Garcia - yes. Motion carried, and the meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

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