VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING
JANUARY 5, 2009
CALL TO ORDER – 8:23 p.m.
Village President Hansen called the meeting to order.
ROLL CALL
In attendance: Village President John Hansen, Trustee Dale Berman, Trustee Mike Herlihy, Trustee Bob Strusz, Trustee Mark Gaffino, Trustee Linda Mitchell, Trustee Max Herwig.
Staff in attendance: Village Attorney Kevin Drendel, Village Administrator Sue McLaughlin, Assistant to the Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Police Chief Tom Fetzer, Bureau Fire Chief Mark Bozik, Jim Sparber of Rempe Sharpe.
AUDIENCE COMMENTS – None
TRUSTEES COMMENTS – None
1. DISCUSSION REGARDING CHARITABLE STREET SOLICITATION
McLaughlin said that Staff provided some conditions in the case that the Board wants to allow solicitation in the streets. If the Board does not do anything, it is prohibited locally unless solicitors follow the guidelines of the state regulations.
Trustee Herlihy suggested the Village require an application and a date for the solicitation.
Village President Hansen asked about liability for the Village if someone soliciting were to get hurt. Atty. Drendel said that would be covered under Torte Immunity. Atty. Drendel said he did not think there would be an issue unless there was a known or obvious danger. Atty. Drendel said that the general rule is that the Village would not have that exposure. McLaughlin said the Village would ask the organization to provide a certificate of insurance with the Village as an additional insured. Atty. Drendel said that the Board should keep in mind that the Village has Torte Immunity. The focus of the statute is public safety. The Village should be allowing solicitation where it is safe, not necessarily where it is most lucrative.
Trustee Mitchell asked, if the Village allows solicitation, what that would mean in terms of solicitation being a statewide project and being able to solicit anywhere. Drendel said the statute that allows the Village to open up certain streets at its discretion, imposes certain parameters and one of those is that it has to be a statewide solicitation project. The Village could not deviate from that and allow a local solicitation project.
Atty. Drendel said that if the Board takes no action, there can be no solicitation on the streets. Trustee Herlihy asked, if the Village allows it, if solicitation would only be allowed on local street legs of an intersection. Atty. Drendel said the Village has the local authority within its jurisdiction to allow solicitation on any street, or choose not to.
Trustee Berman said it is important to the Village’s organizations to go out and get funds from the community and would like to see it continue. Berman added that most people enjoy giving donations to the organizations.
Trustee Mitchell suggested removing Staff suggestion #5 (Getting approval from the jurisdiction that controls the road).
Atty. Drendel to write up an ordinance and bring it back to the Board for review.
2. Discussion of a Resolution to Approve an Agreement for the Enforcement of Certain Traffic Regulations on School District 129 property
Chief Fetzer said that School District 129 has asked police to enforce fire lane areas on their properties. In order to do so, a Resolution needs to be passed by the Board. Consent Agenda.
3. Discussion of a Resolution to Approve the Bill of Sale and Accept a Portion of the Public Improvements for Moose Lake Estates Unit 1 and Unit 1
Sue McLaughlin asked that this item be placed under New Business for the next meeting. McLaughlin said that Gladstone has complied with everything per the agreement except a new Letter of Credit. Dave Bolger of Gladstone said that in the agreement amendment, it allows him to delay the sidewalk installation due to weather. Trustee Herlihy said that the agreement the Village made with him is not referenced. McLaughlin said that the amendment calls for the Village to release the letter of credit in exchange for the new one, accepting the improvements with these conditions. The conditions were the Letter of Credit and improvements which are allowed to be delayed due to weather.
Trustee Herlihy said that there is parallel cracking to the curb in the Mooselake subdivision. Glock said that there are also a couple on Mallard Point. Herlihy said that it is on every street. Trustee Strusz said that a lot of the streets in Tanner Trails are cracking. New Business for the January 19th meeting.
TRUSTEE COMMENTS – None
EXECUTIVE SESSION
1. Discussion of Executive Session Minutes to be released from 2001-2003
No changes or comments. To be placed on the next Consent Agenda.
ADJOURNMENT – 9:00 p.m.
Motion made by Trustee Mitchell and seconded by Trustee Berman to adjourn the meeting. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
