NORTH AURORA VILLAGE BOARD
MEETING
MONDAY, JANUARY 9, 2006 B 7:00 PM
SILENT PRAYER – MEDITATION – PLEDGE OF ALLEGIANCE
CALL TO ORDER
Village-President Hansen called the meeting to order.
ROLL CALL
In attendance: Trustee Shoemaker, Trustee Berman, Trustee Herlihy, Trustee Gaffino, Trustee Herwig, Village-President Hansen.
Not in attendance: Trustee Mitchell
AUDIENCE COMMENTS
Amy Becker of 454 Chesterfield in North Aurora said that a year ago she attended the board meetings regarding the Illinois Military Family Relief Act. It is a service started in the Lieutenant Governor’s office that grants money to service men who are injured and it provides services. It is precious to people because of their families lives, and they are not making as much as a civilian would at a civilian job. She wanted North Aurora to be the first to honor the IFRA. She wanted to thank Trustee Herwig for allowing their message to get out through television. She has waited a year to see the payment on the North Aurora Water Bill as it was voted on February 28, 2005. It was reported in the newspapers. She said she saw have a safe and happy holiday on the water bill but she would have liked to see the support. She is looking for answers, and she is embarrassed for the position she took with the Lieutenant Governor‚Äôs Office, and she said that she is ashamed of her village for throwing this under the rug.
Village-President Hansen said that there was no intention to ignore what they voted on. He had staff put it on the next water bill in February.
Sue McLaughlin said that she thinks it fell off the radar with the water ban. It was their mistake, and she said that they will fix it.
CONSENT AGENDA:
Trustee Herlihy would like to remove October 19, 2005 minutes from the consent agenda. There were two corrections on page two and page three.
A motion was made by Trustee Berman to approve the consent agenda and seconded by Trustee Herlihy. Trustee Berman – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Herlihy – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 5-0.
A. APPROVAL OF THE VILLAGE BOARD MINUTES: OCTOBER 10, 2005, OCTOBER 19, 2005 & NOVEMBER 14, 2005
B. APPROVAL OF THE BILL LISTING: $508, 241.23
C. APPROVAL OF REDUCTION OF BOND FOR BANBURY GROVE FROM $41,538.80 TO $6,000.00
D. APPROVAL OF PAYMENT TO FOX VALLEY WEST PROPERTIES, INC. FOR $115,521.37 FOR HEALY PROPERTY RECAPTURE FOR SANITARY SEWER
E. APPROVAL OF ORDINANCE AMENDING THE SEWER RATE PROVISIONS
F. APPRVOAL OF THE REDUCTION OF THE LETTER OR CREDITS FOR WINDSTONE SUBDIVISION #3065543 & #3065907
G. APPROVAL OF THE PAYOUT REQUEST FOR LINN COURT STREET IMPROVEMENT IN THE AMOUNT OF $21,548.06 TO GENEVA CONSTRUCTION
H. APPROVAL OF THE PAYOUT REQUEST #5 FOR OAK STREET AND ORCHARD ROAD IN THE AMOUNT OF $27, 488.76 TO GENEVA CONSTRUCTION CO.
NEW BUSINESS:
A. APPROVAL OF NICOR GAS ORDINANCE – RENEWAL OF FRANCHISE AGREEMENT
Sue McLaughlin said that she called Nicor and they reiterated that they do not want a shortening of the term. They also fixed the verbiage.
A motion was made by Trustee Shoemaker to approve the Nicor Gas Ordinance and seconded by Trustee Berman. Trustee Shoemaker – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Berman – yea; Trustee Herlihy – yea. The motion was passed with a vote of 5-0.
B. APPROVAL OF SECOND AMENDED JURISDICTION BOUNDARY LINE AGREEMENT WITH BATAVIA
Atty. Drendel said that effective on January 1st they have to have a hearing to approve a Boundary agreement. The conservative thing is to have a hearing. They confirmed a schedule with Batavia that would put them on February 27th. They have to publish no less then 30 days ahead of time and post notice for 15 consecutive days.
Sue McLaughlin said they are going to discuss it at the community development committee meeting tomorrow night. She is planning to attend.
A motion was made by Trustee Herlihy to table the approval of a second amended jurisdiction boundary line agreement with Batavia until February 27th and seconded by Trustee Gaffino. Trustee Herlihy – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Berman – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 5-0.
C. APPROVAL OF AMENDMENT TO AMUSEMENT TAX ORDINANCE
Sue McLaughlin said that she passed out some numbers that are guesstimates based on what potential revenue would be. Wes submitted a memo in which he reviewed other municipalities. Elk Grove Village and Hoffman Estates are the only other ones that tax fitness centers.
Atty. Drendel looked at the case law. In our own district the case law is good for North Aurora. We have some leeway to redefine the word amusement, aside from that health care and physical fitness are not an amusement. He is confident we can redefine what an amusement is. He will bring information back to board for next Committee of the Whole meeting.
Trustee Herwig wanted to say that on the tax ordinance he wants it completely reviewed, so they can decide exactly what an amusement is. He said he wants to make sure we are clear on amusement devices and what amusement is. He feels dance studios and karate centers should not be included.
Atty. Drendel said he looked at the legal aspect as far as redefining amusement, and he found that the village can redefine it.
Trustee Herwig wanted to put a moratorium on it, and discuss it at the next Committee of the Whole meeting. He proposed to put a moratorium on dance studios, fitness centers, and karate schools.
Trustee Herlihy said he hasn’t been in favor of the Amusement Tax Ordinance. He thinks this was put in place to fill a gap, and we will have to look for a replacement.
A motion was made to put a moratorium on collecting amusement tax until the term amusement is further defined and seconded by Trustee Shoemaker. Trustee Herwig – yea; Trustee Gaffino – yea; Trustee Herlihy – no; Trustee Berman – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 4-1.
D. APPROVAL OF THE LOW BIDDER FOR WELL # 3 MOTOR CONTROL CENTER TO KELSO-BURNETT CO. IN THE AMOUNT OF $53,457.00
Village-President Hansen said the bid was 10 percent lower than the estimates.
A motion was made by Trustee Shoemaker to approve the low bidder for Well #3 Motor Control Center to Kelso-Burnett Co. in the amount of $53,457.00 and seconded by Trustee Herlihy. Trustee Shoemaker – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Berman – yea; Trustee Herlihy – yea. The motion was passed with a vote of 5-0.
E. APPROVAL OF ORDINANCE REGARDING PAYMENT OF OBLIGATIONS OWED TO THE VILLAGE AS A CONDITION OF THE ISSUANCE OF PERMITS AND LICENSES
Dewayne Williams said this was reviewed at the last Committee of the Whole meeting. It was pulled off of consent agenda because it has a new section that deals with issuing stop work orders.
A motion was made by Trustee Berman to approve the ordinance regarding payment of obligations owed to the village as a condition of the issuance of permits and licenses and seconded by Trustee Gaffino. Trustee Herlihy – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Berman – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 5-0.
F. APPROVAL OF THE TERMINATION OF AN EMPLOYEE
Sue McLaughlin said this in regard to an employee in the public works department.
A motion was made by Trustee Herlihy to approve the termination of an employee and seconded by Trustee Herwig. Trustee Herlihy – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Berman – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 5-0.
OLD BUSINESS:
A. APPROVAL OF THE ORDINANCE APPROVING AN AMENDMENT TO THE RTE. 31 REDEVELOPMENT PLAN AND PROJECT
Sue McLaughlin said that this has been off the agenda for awhile. But, they have until February to actually pass the ordinances. She said she has talked to school district to clear up concerns.
A motion was made by Trustee Berman to approve the ordinance approving an amendment to the Route 31 redevelopment plan and project and seconded by Trustee Shoemaker. Trustee Berman – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Herlihy – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 5-0.
B. APPROVAL OF ORDINANCE DESIGNATING THE AMENDED ROUTE 31 REDEVELOPMENT PROJECT AREA
A motion was made by Trustee Herlihy to approve the ordinance designating the amended Route 31 redevelopment project area and seconded by Trustee Gaffino. Trustee Herlihy – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Berman – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 5-0.
C. APPROVAL OF ORDINANCE ADOPTING TAX INCREMENT FINANCING FOR THE AMENDED ROUTE 31 REDEVELOPMENT PROJECT AREA
A motion was made by Trustee Herlihy to approve the ordinance adopting tax increment financing for the amended route 31 redevelopment project area and seconded by Trustee Gaffino. Trustee Herlihy – yea; Trustee Gaffino – yea; Trustee Herwig – yea; Trustee Berman – yea; Trustee Shoemaker – yea. The motion was passed with a vote of 5-0.
VILLAGE PRESIDENT REPORT
Village-President Hansen had nothing officially to report. He has had meetings. They are going to see a flurry of activity.
COMMITTEE REPORTS
Trustee Herlihy said that at the Water Technical Committee they discussed the West Side Treatment Plant. It remains on schedule. The bid package for Well #3 was approved tonight. Rehabilitation work for Well #4 will be completed by May.
TRUSTEES’ COMMENTS
Trustee Gaffino wanted to know when Deerpath Road would be opened up.
Mike Glock said they got the pole moved, and they can get it opened up soon if they can open the lane.
ADMINISTRATOR’S REPORT
Sue McLaughlin said that her schedule is filled with developers. They started preparation for 2006 – 07 budget. There is some special use legislation coming out this year. It will cover more than public notification issues.
ATTORNEY’S REPORT
There was no report.
ENGINEER’S REPORT
Jim Bibby said that Rubloff clarified their commitments to target other retail stores. They need that west leg signalized on Orchard Road, but that won’t be possible with permanent signals. They are requesting temp signals, and the permanent ones will not be ready until March of 2007.
FIRE DISTRICT REPORT
Mark Bozik said they took liberty of the new fire engine. They have the vehicle out front for questions after the meeting.
VILLAGE DEPARTMENT REPORTS
A. FINANCE
Bill Hannah said they are starting the budget process.
B. BUILDING AND ZONING
Dewayne Williams said that the Woodmans store is intending to stock for April 1st for an opening on May 1st. They issued a permit for their gas station. The bank on that location is under construction. The Target store walls are taking shape. They received the permit application for the store between the Target and Kohl’s. They are completing the first of the three day inspection of the retirement center on Mitchell Road.
Trustee Herwig wanted to know at what point the stores could become public. He thinks it would be nice to get an update on stores that have been approved. He asked for this before and hasn’t gotten any feedback.
Sue McLaughlin said that a lot of information they receive are rumors, but she will work on keeping the Board informed as much as possible.
C. POLICE
There was no report.
D. PUBLIC WORK
There was no report.
E. WATER
There was no report.
EXECUTIVE SESSION: LAND ACQUISITION
A motion was made by Trustee Herlihy to adjourn to executive session to discuss land acquisition and seconded by Trustee Berman. All in favor. Motion approved.
ADJOURNMENT
A motion was made by Trustee Herlihy to adjourn the Village Board meeting and seconded by Trustee Gaffino. All in favor. Motion approved.
