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Village of Maryville, Illinois

Description Caucus Meeting
Date 3/25/2009 Location Council Chamber
Time Speaker Note
6:30:02 PM Gulledge Called the Caucus meeting of Wednesday, March 25, 2009 to order and invited those in attendance to join in the Pledge of Allegiance. After the Pledge, he 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 Deputy Clerk Fenton, Attorney Wigginton, Public Works Director Presson, six (6) residents and three (3) reporters.
6:30:44 PM Gulledge Called for approval of the March 11th meeting 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 Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
6:31:14 PM Gulledge Stated they will rearrange the agenda to allow for Public Input first, and invited John Ostanik to address the Board.
6:31:31 PM John Ostanik 102 Northview Drive, Collinsville, Illinois. Stated he is a candidate for Collinsville Township Supervisor. Outlined his plan, if elected, to provide a program for general assistance questions to be addressed at the Senior Center in Maryville.
6:34:54 PM Garcia Asked if Maryville gets Circuit Breaker. She was told yes.
6:35:09 PM Gulledge Thanked Ostanik for his address. Next, invited Jerry Horstmann to address the Board.
6:35:16 PM Jerry Horstmann 50 Oak Leaf, Maryville. Stated he has been encountering a drainage problem for a number of years. Distributed photos of the water issues. Stated he has discussed the issue with the Mayor many times. Stated the property behind his is Collinsville Township, and when it rains, the runoff comes from that undeveloped land. Stated his property never encountered drainage problems until homes were built around him. Stated he has spent $12,000 in two years trying to alleviate the issue. Stated he has talked to contractors who refuse to do any work due to easement issues. Stated he has been told that it is not the developer's problem, nor is it the Village's problem, nor is it the engineer's problem. Stated he is currently at a dead end in dealing with the problem and is seeking guidance from the Board.
6:36:51 PM Gulledge Stated the pictures distributed have been brought before the Board before. Explained they have reviewed this issue and have exhausted all avenues.
6:37:07 PM Horstmann Asked where he can go from here. Stated the Village approved the development through the engineers. Reiterated he does not know where to go from here.
6:37:52 PM Garcia Asked if anyone has offered a solution to the problem.
6:38:08 PM Horstmann Showed a drawing of what happened upon development and building of surrounding homes.
6:39:25 PM Garcia Asked if anyone knows how to fix the problem.
6:39:32 PM Horstmann Stated people have shown him what is needed, but no one will do the work.
6:39:50 PM Callahan Asked where the water went before.
6:39:55 PM Horstmann Showed on the drawing.
6:40:52 PM Garcia Asked what the problem is with the easement.
6:40:57 PM Gulledge Responded he is unsure. Stated he has been out numerous times, along with Presson, Kostyshock, Wigginton and several different engineers. Stated in his last conversation with Horstmann they gave him advice to the affect it is a civil matter, and he was going to talk to an attorney about the contractor. Stated there are also problems with neighbors building berms that is not helping the situation.
6:41:47 PM Horstmann Stated his attorney advised if he sues Osborn and the Village of Maryville, he also had to sue his neighbor because of his berm. Stated now the immediate neighbor circulated a petition to surrounding neighbors stating if Horstmann sues any of the them, they will counter sue.
6:42:14 PM Gulledge Commented this is a big problem, that unfortunately he does not know how to fix, short of digging new drop boxes and tearing up the street.
6:42:31 PM Horstmann Stated he has talked to the Public Works Director, who indicated there is a way to go between two properties with a drop box to drain into the lake. Stated he cannot get a contractor to do the work because he does not have the proper easements.
6:43:03 PM Wigginton Stated this issue has been discussed before. Explained for the first few years, everything was fine until Osborn redirected the flow of water on to his property. Stated it was explained to Horstmann that under those circumstances, the Village has no obligation to correct the problem, because they did not create it. Stated this has all been explained to Horstmann.
6:44:04 PM Bell Commented this is not the only lot with this same issue. Commented another resident addressed the Board previously with a similar problem.
6:44:48 PM Gulledge Stated the property next door had a problem but not as bad as Horstmann's. Stated he eliminated the problems with a berm, etc. Stated he agrees it is a problem. Commented he has a similar problem, although not as bad as Horstmann's, and his only alternative is to go against his neighbor.
6:45:38 PM Callahan Asked if Horstmann is being told he has to sue his neighbors because they put the berms in.
6:45:46 PM Horstmann Stated according to the State, there is a rule that says no one can change the flow of water. Stated if the neighbor takes out the berm, it will flood the houses behind him. Stated the water is coming from ten acres up on a hill, which no one took into consideration when developing the subdivision. Stated at this point, his home has an assessed value of $280,000; however if he tries to sell he must disclose the drainage issues. Reiterated he is at a dead end on the issue.
6:47:11 PM Wigginton Reiterated his attorney has advised him he must sue Osborn and his neighbors. Reiterated the Village did not create the problem. Explained the Village cannot use taxpayers' dollars to fix a private problem.
6:47:32 PM Horstmann Commented he cannot keep shoveling out money to attorneys.
6:47:50 PM Wigginton Reiterated the Village did not create the problem, which both his attorney and he have explained. Stated the taxpayers cannot be expected to use their money to correct the problem. Horstmann commented the Village of Maryville approved it. Wigginton responded the Village does not have any liability under Illinois Law for approving a plan. Explained the plan worked: There was no water problem on the property until the other homes were constructed. Stated his neighbors have pointed some of the blame at Horstmann as well and have filed a petition stating they will counter sue; the Village cannot get involved in a private matter. Stated this matter is between Horstmann, his neighbors and Osborn.
6:48:46 PM Callahan Asked if his homeowner insurance will pay for the damage.
6:48:57 PM Horstmann Responded no, as he is not in a flood plain.
6:49:01 PM Gulledge Commented at the Planning Commission meeting Monday night they recommended for the Village to participate in the flood insurance program.
6:49:48 PM Bell Asked Wigginton how the needed easements work.
6:49:55 PM Wigginton Stated the Village has ten-foot utility easements between every property.
6:50:02 PM Bell Asked if they can work up an agreement.
6:50:06 PM Wigginton Stated they have already said they would cooperate with easements.
6:50:07 PM Horstmann Responded no one will do the work because they will not be held liable unless the Village signs off.
6:50:20 PM Gulledge Stated he told Horstmann they will give whatever easements necessary. Horstmann responded they want approval on the engineering as well.
6:50:35 PM Bell Asked what their plan was, indicating a route on the map. The proposed plan was discussed in detail.
6:52:20 PM Gulledge Asked what Horstmann would like from the Village.
6:52:24 PM Horstmann Responded tell him what to do. Stated at one time he proposed piping the water out to the street, to which he was told he would have to make sure it does not erode the street.
6:52:44 PM Gulledge Responded it cannot go under the pavement, as it will erode the street.
6:52:52 PM Bell Asked what the solution would be in that situation.
6:53:03 PM Gulledge Responded it would have to be piped under the street. Commented the Village is willing to give easements, but the question is who will pay for the work and engineering.
6:53:11 PM Horstmann Stated as much as he already has in it, he is unwilling to pay any more. Various comments were made.
6:53:58 PM Gulledge Commented the Village has incurred some expenses in engineering and attorney's fees for review. Comments were made regarding the lake.
6:55:01 PM Callahan Asked how much difference it made after the berms were constructed.
6:55:12 PM Horstmann Explained when you turn water 90 degrees, as is done with this berm, it takes double the time to go around the corner. Explains it doubles the amount of water.
6:56:42 PM Gulledge Stated at one time he talked to the neighbor, who indicated he might move the berm. Horstmann commented instead he has made it bigger. More discussion was held referring to the map. Mayor asked what they would like to see from the Village as far as participation.
6:58:17 PM Horstmann Stated if the Village gives the easement, he will do something.
6:58:25 PM Gulledge Asked if the Village came up with a plan that his contractor was comfortable with, would he take it from there.
6:59:01 PM Horstmann Stated he might just let it go out to the street.
6:59:07 PM Gulledge Commented he cannot put it on the street. Stated he thought the plan was to go underneath the street and into the lake.
6:59:28 PM Horstmann Stated he cannot afford that. More discussion was held.
7:01:05 PM Presson Stated if the Board and Horstmann are willing to give him 48 hours, he will make some phone calls in an attempt to find assistance from outside the Village. Stated he will get back to Horstmann by the end of the week and bring a report back to the Board.
7:01:46 PM Gulledge Asked if Horstmann was agreeable. He was. More comments were made. With no further questions, Mayor stated they will try to get back to Horstmann by the end of the week. Thanked Horstmann for coming.
7:03:36 PM Gulledge Next, invited Leah Detmers to address the Board regarding a pilot program through Madison County.
7:03:52 PM Leah Detmers Solid Waste Coordinator for Madison County and is in charge of grants in regards to solid waste. Referred to the report distributed, which was submitted to the Madison County Planning and Development Committee. Stated they requested authorization for bids for the sixty gallon containers, a sample of which is displayed in the Council Chamber this evening. Stated it has been approved through both the Finance and House Committees. Stated she and Allied Waste approached Mayor Gulledge because they believe Maryville is ideal for this situation in that there is a high participation rate, extremely good residents to deal with, etc. Stated they would like to purchase the 60 gallon toters to replace the 18 gallon blue bins for obvious reasons: Larger capacity, keeps down blown debris, and eventually lessens landfill tipping fees. Stated they anticipate this container to cost approximately $40; they will be opening bid specs at the April meeting. Explained with 1,800 households plus extra, that is approximately $80,000 they would like to give to the community, asking for no in-kind matching funds. Stated the only in-kind match they would ask is for distribution, maintenance and to include a deposit on the water bill to ensure return if residents leave and/or take the container with them. Explained they have implemented this program in St. Louis County. Asked for any questions.
7:06:35 PM Gulledge Commented his opinion this is a great program. Commented one of the complaints he receives is regarding blowing debris from the small blue containers. Stated this container is heavy, but easily portable. Commented his opinion the residents of Maryville will be in favor of the program. Commented there are a few details to work out yet.
7:07:31 PM Schmidt Asked if they are only including single family residential.
7:07:39 PM Detmers Responded single and two dwelling families.
7:07:50 PM Schmidt Commented there are villas and town homes in one of the newer developments, which are three and four units with zero lot lines. Asked if they would qualify.
7:08:05 PM Gulledge Commented they still have an address.
7:08:08 PM Detmers Stated it can be discussed and they are happy to work with Allied Waste.
7:08:15 PM Schmidt Asked if it will be mandatory or upon residents' request.
7:08:22 PM Detmers Responded it will be mandatory, as if it was not the program would not work as well.
7:08:34 PM Schmidt Asked if Allied will want the old blue bins returned.
7:08:40 PM Detmers Responded they are not needed back. Commented when broken, they are polypropylene and can be recycled.
7:08:56 PM Bell Asked how the new bins are emptied.
7:09:04 PM Detmers Responded they are identical to waste containers utilized by Allied in Bethalto. Explained they have an automated arm to accommodate the bins.
7:09:18 PM Callahan Clarified she said 1,800 units.
7:09:19 PM Detmers Responded the plan is to purchase 2,000 to 2,050 for maintenance and spare units, for which the County would be solely responsible for the fiscal liability.
7:09:29 PM Callahan Asked how it can be mandatory for residents, as they have more than 1,800 single family homes.
7:09:36 PM Detmers Stated they will go over the numbers with Allied as to what is on contract with them.
7:09:44 PM Limberg Commented Virginia Beach has an almost identical program. Commented it is a great program, and the bin is easier to haul.
7:10:10 PM Callahan Asked if residents will still have to have a regular trash container. He was told yes.
7:10:24 PM Kostyshock Asked how often they will pick up the bins.
7:10:27 PM Detmers Responded she believes Allied has once-per week pick up. Explained by using a 60 gallon container, they are more likely to only need a once-per-week pickup, which will reduce fuel costs, environmental fees, and will eventually lessen the tipping fee inflation. Comments on the bins continued.
7:12:09 PM Callahan Asked what will happen if residents include non-recyclables in the bin.
7:12:23 PM Detmers Explained Allied would tag the account and likely neither the waste nor recycling would be picked up. Explained that is what is done now.
7:12:36 PM Gulledge Asked if the Board is in favor of going forward.
7:12:52 PM Callahan Commented his concern is their count is 1,800, but there are 2,500 homes that qualify.
7:13:08 PM Gulledge Responded it is not a done deal; they are simply making the decision to go forward with the plan.
7:13:16 PM Detmers Responded if they need to, they will get more.
7:13:30 PM Kostyshock Commented he heard yesterday the vendors that collect the recycling are charging Allied Waste to accept it.
7:13:54 PM Detmers Responded all recycled materials from Allied go straight to Resource Management in St. Louis. Stated she is not aware of a charge.
7:14:12 PM Callahan Commented he received a letter stating with the commodity prices dropping, they have the ability to add money to the bill.
7:14:21 PM Gulledge Commented that is stipulated in the contract.
7:14:31 PM Schmidt Responded they have the option to come back to the Board; however the Board has the option to turn them down. Discussion was held that the rates were raised, and the reason they gave was because of declining commodity prices. Schmidt commented that is not built into the contract.
7:15:08 PM Gulledge Stated the issue will be checked on. Asked for other questions. There were none. The Board was in favor of moving forward. Mayor thanked Detmers for coming.
7:15:53 PM Gulledge Went to next item, Venue Recycling Equipment Grant. Commented it must be submitted in the next couple of days. Explained it is a $5,000 grant with no match.
7:16:36 PM Presson Referred to the handout. Stated he discussed the issue with Nancy Shoup, and is bringing a recommendation to the Board to go forward with the choice listed on page 1. Stated the grant allows a purchase of three (3) sets. Stated placement locations are to be determined, however the tentative plan is one by the Khoury League fields, one in Firemens' Park, and one off Myron Provence Drive at Pavilion #1. Explained one receptacle is for recycling the other is for trash. Stated the Village is responsible for removal.
7:17:59 PM Bell Asked if people place trash in the recycle bin, must the Village separate it. Presson responded yes, in theory.
7:18:12 PM Gulledge Stated one of the goals of the Community Improvement Board is to move forward with green alternatives in the Village. Stated they are forming a committee. Commented his opinion this is a great start. Reiterated there is no match from the Village. Commented it is a good way to show the Village is trying to go green. Stated they are unsure if they are eligible, however on the next page is pictured planters to place next to the bins which would get them to the $5,000 limit. Stated Presson will check on eligibility.
7:19:57 PM Schmidt Asked if there have been any problems with the new trash containers in the park and fields.
7:20:03 PM Presson Stated the biggest complaint is they fill up too fast; however they went from a 55 gallon drum to a 25 gallon receptacle. Stated to compensate, they added a third bin.
7:20:22 PM Gulledge Asked for other questions.
7:20:34 PM Detmers Commented when the Village applies for these grants and has such commodities in their parks, they become more likely to be eligible for DCEO grants.
7:20:54 PM Gulledge Polled the Board. All were in favor.
7:21:04 PM Gulledge Went to Calendar Updates. Commented large trash pickup is scheduled for the week of March 30th on residents' regular trash day; Fire Department Chicken and Beer Dance March 28th; Easter Egg Hunt April 11th; Park Work Day April 18th and 25th; Go Fly a Kite event April 18th; Rabies Clinic April 25th; MCIB meeting April 6th, at which a prospective member will be attending; Election Day April 7th.
7:23:10 PM Gulledge Went to To Do List, page 1. No comments. Went to page 2. No comments. Went to page 3. No comments.
7:23:35 PM Gulledge Went to Trustees' Comments. There were none.
7:23:49 PM Gulledge Went to Mayor's Comments. Stated he attended the Planning Commission meeting Monday night, who will be recommending the Village go forward with an ordinance making the Village eligible to participate in the National Flood Insurance Program. Stated they will be working with Wigginton, Flaugher, and Juneau Engineering to have an ordinance ready for an approval vote in two weeks.
7:24:46 PM Garcia Asked if there is anything in place now to prevent water problems.
7:24:53 PM Gulledge Stated they have done a few things with markers on property. Commented a lot comes down to somebody changed the flow of water.
7:25:13 PM Callahan Commented if the plotting and elevation ordinance had been in effect sooner, there would have been no problem.
7:25:23 PM Gulledge Concurred, which is why the ordinance was passed. Commented they are trying to be proactive and learn. Commented they have not had such problems in the new subdivisions.
7:25:46 PM Bell Commented he appreciates building the houses caused the water to go through Horstmann's yard; however before those houses were built it went across vacant lots. Commented his opinion the water should have been dropped in the back and directed to where it was supposed to go before any of the lots were built.
7:26:20 PM Gulledge Stated he appreciates the comments; however drop boxes, etc. are very expensive. Commented the markers at the back of properties will eliminate problems. Various comments ensued.
7:28:18 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.
7:28:36 PM   The meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

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The Village of Maryville