City of Auburn City Council met July 3.
Here is the minutes provided by the Council:
Mayor Berola called the meeting to order at 7 p.m.
Present: Tom Berola, Chris Warwick, Julie Barnhill, Ian Andrews, Lori Basiewicz, Vic Devos, Jr., Jason Garrett, Larry Hemmerle, Rod Johnson, Tracy Sheppard and Seth Williams.
Absent: None
Department Heads: Bruce Centko, Mike McCarthy, and Kristy Ponsler. City Attorney: Raylene Grischow.
I. Mayor’s Comments
A. Library Board Resignation – Monica Garrett
Mayor Berola indicated that he has a letter of resignation from Library Board member Monica Garrett and a replacement for this Library Board member. Berola asked Attorney Grischow if he could go ahead and appoint a new Library Board member now or should it wait until next meeting. Grischow indicated that since the Library Board replacement wasn’t on the agenda, it could go either way because it was in the realm of the resignation and replacement. City Treasurer Chris Warwick indicated that Berola could appoint a replacement tonight and ask them to attend the July 17 meeting. Alderman Garrett indicated that the library Board meets on the third Tuesday of the month. Berola asked City Clerk Julie Barnhill to place the Library Board replacement appointment on the July 17 meeting agenda.
Mayor Berola presented the resignation of Library Board member Monica Garrett for review and acceptance. A motion was made by Johnson to accept the resignation of Library Board member Monica Garrett, second by Sheppard. Voice Vote Aye: Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson And Seth Williams. Nay: None. Present: None. Absent: None (8-0-0-0)
Mayor Berola indicated that Steve Brooks normally attends the council meeting regarding the annual Josh Brooks Memorial Tournament. Office Manager Kristy Ponsler indicated that Mr. Brooks was having some scheduling conflicts and was hoping he would make the meeting. Mayor Berola asked Alderman Hemmerle if there would any conflict with hosting the Josh Brooks Memorial Tournament on August 4, 5 and 6.
Hemmerle indicated that there shouldn’t be any conflicts, as junior high baseball would not have started at that time. Berola indicated that the City normally asks for proof of insurance and Ponsler informed Berola that they do have the insurance and they will be bringing it into the City. Johnson asked if we need to do a motion to approve the use of the ball field. Berola indicated that we will place it on the July 17 agenda.
Berola brought up for discussion that Sugar Creek Wine and Deli hosted their street festival this past weekend. It was brought to our attention that they plugged one of their food trucks into the library and they plugged something else into a city outlet, they taped over the photo cell so that the outlet would stay on the entire time. For the carnival, we allow them to use some city utilities but they come in and ask for permission for use. They just don’t plug into city utilities without asking for permission first. Berola stated that he thinks we should send a letter to Sugar Creek Wine and Deli, unless someone on the council opposes, indicating that usage of city utilities were not authorized and that the city is not happy about it. Going forward on our forms, special liquor license or street closures, it needs to be stated that we do not approve of city utilities being used. Berola also stated that going forward we need to set a policy that special utility meters will be needed, especially since some of these functions are turning a profit for their respective businesses. A business should not be profiting from the city. Alderman Johnson stated that he would like for Fat Guy & Fryer to receive a copy of the letter too. Chief Centko and Alderman Shephard asked that under some personal circumstances that have taken place to hold off on the letter to Fat Guy & Fryer. Attorney Grischow asked if the city will be sending a bill to Sugar Creek. Alderman Garrett asked if the library can send them a bill for their portion. Berola asked that Garrett inform the library that the City of Auburn did not authorize them to use their utilities. Office Manager Ponsler stated that she has been in contact with Ameren to request a reading from Friday until Monday to see the difference. The library electric bill is still part of the city as we receive a reduced rate. Alderman Garrett said that they would have a hard time in the future doing business if they don’t make good on the issue. You just can’t plug into your neighbor’s house to run the air conditioner for your home. Alderman Andrews asked if for the future, we should set a dollar amount for consumption and some kind of fine or fee for overage use. Ponsler indicated that they should be able to get their own meter. Garrett asked if going forward would we look at every request for the square and determine if they need a separate meter. Berola feels that we should set a policy indicating that they will have to have a separate meter so that they city does not have to pay for private events. Basiewicz asked how it would be then handled for community events, AAC or non-for- profit. Waivers can be made for non-for-profit. Hemmerle said that most of the organizations that use the square, that the city would be able to tell if they are turning a profit or not. Mayor Berola indicated that once we figure a dollar amount, we should have our attorney draw up a letter to Sugar Creek Wine & Deli and include the attorney fees. Johnson asked how we would figure the amount of usage when air conditioners have been running. Johnson indicated that he is all for them paying for the usage but not for something that is not reasonable. Williams said that he feels that we should take this as a learning experience. Johnson and Hemmerle agreed with Williams regarding the learning experience. Ponsler indicated that we do have photos of them doing it, so they are guilty of doing it. Grischow indicated that we can send a letter to Sugar Creek Wine and Deli inviting them to the next council meeting. Berola indicated that all of the figures would be available for the next meeting. Garrett asked if he was advising the attorney or office manager to draw the letter up. Grischow indicated that the office manager should draw the letter up and invite them up for the concerns of this past weekend.
II. Visitors/Public Comments
A. Rob McWhinnie -- Culvert
Superintendent Mike McCarthy indicated that he had spoken with Rob McWhinnie and that he had put a culvert over the alley to help alleviate water from the tavern. McCarthy indicated that the trailer directly behind the tavern was gone and as long as someone doesn’t build there it will be fine. Berola asked if that would put more water on Barnett and McCarthy indicated yes. He also stated that he wasn’t aware that a citizen can put in a culvert without permission from the City. Williams indicated that was his next question and Hemmerle said he wasn’t aware you could just do that. McCarthy stated that he will go and talk with Robbie to see what is going on. Berola indicated that we will place Rob McWhinnie – Culvert on the July 17 agenda.
III. City Clerk’s Report – Barnhill
A. June 19, 2017 Meeting Minutes
Barnhill presented the meeting minutes from meeting on June 19, 2017 for the Council’s review and approval. A motion was made by Williams to approve the meeting minutes and to destroy the recorded copy, second by Devos. Aye: Ian Andrews, Lori Basiewicz, Vic Devos Jr, Larry Hemmerle, Rod Johnson, Tracy Sheppard And Seth Williams. Nay: Jason Garrett. Present: None. Absent: None (7-1-0-0)
Upon approval of the June 19, 2017 Meeting minutes, Mayor Berola asked Alderman Garrett if there was a problem with the minutes. Clerk Barnhill indicated that Garrett would like to see more detail in the meeting minutes. Barnhill shared with the council that Garrett had sent her a list of items to add to the minutes. Barnhill indicated that she did place a few of the items into her minutes. She also indicated that she just returned from the Clerk’s conference and provided the example of “Grischow indicated that she did not need an executive session during her report”. Garrett then said that he would like to have an executive session later in the meeting on the topic of what Grischow spoke about. After checking with the CIMCO (Central Illinois Municipal Clerks Organization) at her conference, that is was fine to place it under Grischow because she was the one that had requested it on the agenda. Garrett indicated that he would like to see additional information so that when others have to go back, years from now, that information will provide a true picture of what actually happened. Barnhill indicated that she is happy to put all conversations into the minutes.
IV. Treasurer’s Report – Warwick
A. Bills List June 20, 2017 to July 3, 2017
Warwick presented the Bills List from 06/20/17 to 07/03/17 for the Council’s review and approval. A motion was made by Devos to approve the Bills List from June 20, 2017 to July 3, 2017, second by Williams. Voice Vote Aye: Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson And Seth Williams. Nay: None. Present: None. Absent: None (8-0-0-0)
V. Attorney’s Report –
A. Second Reading 1434-17, Appropriations Ordinance
Attorney Grischow presented the 1434-17 Appropriations Ordinance for approval but then realized that the appropriations ordinance has to be published publicly before a vote can be made. Grischow then presented the 1434-17 Appropriations Ordinance to be tabled, published, and to be placed on the August 7 agenda for final reading to the council. An appropriations hearing will be scheduled for August 7 at 6:45 p.m. in the Council Chambers. A motion was made by Johnson to table 1434-17 Appropriations Ordinance and place on the August 7 agenda for a final reading; second by Hemmerle. Vote Aye: Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson And Seth Williams. Nay: None. Present: None. Absent: None (8-0-0-0)
B. Second Reading 1436-17, IML Intergovernmental Cooperation Contract
Attorney Grischow presented the IML Intergovernmental Cooperation Contract to the council for their review and approval. Grischow did outline some of the issues that she has with the Intergovernmental Cooperation Contract to the council. Office Manager Ponsler indicated that this contract is the same that it has been over the last years and that she doesn’t have any concerns with it. She stated that it is just like your own homeowners or car insurance policies and that they premiums can increase at any time and there is nothing you can do. Mayor Berola asked if this contract is for the calendar year 2018. Ponsler indicated yes and that we are still under the 2017 contract. Williams indicated that maybe Ponsler could ask for additional information from an IML representative that she works with. Ponsler will provide that to Attorney Grischow. A motion was made by Andrews to table 1435-17 IML Intergovernmental Cooperation Contract and place on the July 17 agenda for a final reading; second by Garrett. Vote Aye: Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson And Seth Williams. Nay: None. Present: None. Absent: None (8-0-0-0)
C. First Reading, Ordinance 1436-07, Petition for Annexation – 5199 W. Divernon Road
Attorney Grischow presented Ordinance 1436-17—Petition for Annexation – 5199 W. Divernon Road for a first reading.
D. First Reading – Ordinance 1437-17, Vacating an Alley
Attorney Grischow presented 1437-17 Ordinance – Vacating an Alley for Woolard (homeowner). She did receive a legal description, very vague, but did receive it. Grischow asked if the typical alley is 16 foot. Williams asked if anyone has ever spoken to the land owner (farmer). Indication was given “no”. McCarthy asked if vacating the alley will hurt us down the road if the school district ever wants to build on that property. Discussion took place regarding the issues of providing the vacating of the alley. Johnson indicated that a utilities easement would have to be set. McCarthy indicated that if we needed to provide a 10” main we would have to go directly to Trojan Road and run it directly behind the pine trees. Garrett asked McCarthy if that was his preference and he indicated yes. Williams asked if we put this through nothing would or should change, it just gives him a right away to put his fence up. Apparently Woolard was trying to put his fence to close to the property pins. Berola indicated that Woolard could come in and ask the zoning committee for a variance. Alderman Johnson has indicated that Woolard has done everything that we have asked of him and that we will need to go ahead and do a utilities easement. Johnson is recommending that we go ahead and do it. After a lengthy discussion, the council decided not to vote on it because he didn’t have his 6 parcels included. The home owner did not provide surveyor information. Alderman Johnson indicated that he was under the understanding that he completed everything but now needs to be directed to the zoning board. Williams was directed by Johnson that he needs to talk with Woolard of how to proceed.
E. First Reading Otter Lake Water Commission Agreement
Grischow presented the First Reading Otter Lake Water Commission Agreement for the council’s review and approval. A motion was made by Hemmerle to accept the First Reading Otter Lake Water Commission Agreement and have the Mayor sign off on it, second by Johnson. Vote Aye: Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson And Seth Williams. Nay: None. Present: None. Absent: None (8-0-0-0)
After approval of the Otter Lake Water Commission Agreement, Attorney Grischow indicated that the Agreement would have to be passed as an Ordinance. The Ordinances will be placed on the July 17 agenda.
F. Executive Session (personnel, threatened litigation and pending litigation)
G. Library Resolution
Attorney Grischow presented the First Reading Resolution 71-17 Library Resolution to the Council for their review.
VI. Department Heads A. Centko
Chief Centko indicated that each council member has a letter of resignation on their desks that he received this morning from Amber Watkins. Centko asked the council how they wanted to proceed about future staffing. Centko presented the contingency plan that Office Manager Ponsler has graciously agreed to offer Becky Pisarek. Centko is moving Kyle to afternoons so that they are still good on coverage and that way we won’t have a lot of overtime. Mayor Berola asked Alderman Williams to set a meeting to determine the next personnel step necessary. Centko also provided information to the Council regarding the accident involving his squad car. A gentleman was visiting the city office and backed into the squad car. Insurance company has been notified.
B. McCarthy
1) GUA rate increase on meters
Superintendent McCarthy outlined the GUA rate increase on meters going from $6335 to $7191 effective in February 2018. Mayor Berola asked if we will need to have a meter fee increase. Hemmerle agrees that the increase to fees will need to take place. Berola indicated that this will be passed along to the Public Works/Public Utilities Committee.
2) WWTP – electronic controller for storm pumps
Superintendent McCarthy presented that the electronic controller for the storm pumps at the Water Waste Treatment Plant is not functioning and needs to be replaced. A motion was made by Johnson to have B&B electric to replace the electronic controller not to exceed $3500, seconded by Basiewicz. Aye: Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson And Seth Williams. Nay: None. Present: None. Absent: None (8-0-0-0)
Alderman Garrett asked about the labor position working on weekends at the Water Waste Treatment Plant. He is wondering if this can be eliminated and work completed during regular work hours. McCarthy indicated that for recording and reporting to EPA, it has to be done on the weekends in addition to the weekdays.
Alderman Johnson and Superintendent McCarthy indicated that we need to update the subdivision ordinance to include extensions, manning stations, curbs and sidewalk repairs. This way it is in black and white and easier to present to community members, this is the way it is done. Berola indicated that this needs to go to Public Works/Public Utilities Committee for further review.
C. Ponsler
Office Manager received a couple of applications for the cleaning of the city hall and community center and she will present them at the next meeting.
VII. Committee Reports
A. Administration – Johnson
Alderman Johnson needs to call an Administration meeting to discuss personnel code due to comp time, lunch hours, and some different items such as that. The Administrative Committee Meeting will be set for Monday, July 10, 7 p.m. Chief Centko asked if Williams would be willing to move the Health & Safety Committee meeting to Monday, July 10 also.
B. Public Works/Public Utilities – Hemmerle/Johnson
Johnson presented the information regarding the repair of the alley behind the school. Johnson is saying it could be $1200 or $1300 to repair it. Delivery is more than product itself. After discussion of this, McCarthy would like to make contact to company himself and see what kind of rate the City will be given. Information will be presented at the next meeting.
Johnson asked McCarthy to have someone sweep Mortimer court this week.
C. Health & Safety – Williams
1) Equipment
Alderman Williams asked Chief Centko if the siren has been replaced and a new light bar has been ordered for the police car. The repeater has been repaired and the $1030 bill has been received. A copy of this bill needs to be sent to Fire Chief Joe Powell.
D. Health & Housing – Sheppard
1) Stan Standefer – open lot on Interurban
Alderman Sheppard addressed Mr. Standefer and indicated that he will have until July 10th to clean up the excessive wood and blocks in his yard or he will be fined on a daily basis. He has had ample time to clean up.
E. Parks – Hemmerle
Parks Chairman Hemmerle indicated that he did not have a report.
F. Library – Garrett
Library Liaison Garrett presented information on the following:
• Review of previous meeting minutes
• Cameras 4/7 for Library installed and operational
• IPLAR (Illinois Public Library Annual Report) submitted and accepted by the ILSOS (Considered the “State Head Librarian
• Treasurers Report – Discussed deficit of $11,000 as it related to previously paid bills. No “formal notification” by the city. Library Attorney Lanzini indicated because of the change “after the fact the Library could go back and amend their Levy based on changes by the City.
• District discussion and Referendum in March 2018
• Officer discussions for July
• Men’s bathroom damage and replacement.
• Leaking sink
• Staff raises – Tabled
• Harry Potter Trivia maxed out participation @ 75
• Summer reading program 145 children
• Mays Participation numbers - 1463 Library Visitors, 2006 Circulations, 194 Internet Users
• Monica Garrett tendered letter of resignation to the Board.
VIII. Executive Session
Motion to go into Executive Session was made by Hemmerle at 8:37 p.m.; second by Sheppard. Voice Vote Aye: Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson And Seth Williams. Nay: None. Present: None. Absent: None (8-0-0-0)
Alderman Vic Devos Jr left executive session at 8:51 p.m.
Motion to of adjournment Executive Session was made by Williams at 9:17 p.m.; second by Basiewicz. Aye: Ian Andrews, Lori Basiewicz, Vic Devos Jr., Jason Garrett, Larry Hemmerle, Rod Johnson, Tracy Sheppard And Seth Williams. Nay: None. Present: None. Absent: Vic Devos Jr. (7-0-0-1)
IX. Relocation – Police Department
Health & Safety Chairman Seth Williams presented information regarding currently employed compliant residency status needs to be resolved within 45 days. A motion was made by Williams that current employee needs to be in compliance for the 30 minute residency rule needs to be resolved within 45 days, second by Basiewicz. AYE: Ian Andrews, Lori Basiewicz, Vic Devos Jr., Jason Garrett, Rod Johnson, Tracy Sheppard and Seth Williams. NAY: None. PRESENT: None. ABSENT: Vic Devos Jr. and Larry Hemmerle (6-0-0-2)
X. Adjournment
Motion to of adjournment Executive Session was made by Williams at 9:05 p.m.; second by Basiewicz. Aye: Ian Andrews, Lori Basiewicz, Jason Garrett, Rod Johnson, Tracy Sheppard, And Seth Williams. Nay: None. Present: None. Absent: Vic Devos Jr. and Larry Hemmerle (6-0-0-2)
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