VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING MINUTES
JUNE 18, 2012
CALL TO ORDER – 7:00 pm
Mayor Berman called the meeting to order.
SILENT PRAYER – MEDITATION – PLEDGE OF ALLEGIANCE
ROLL CALL
In attendance: Mayor Dale Berman, Trustee Chris Faber, Trustee Ryan Lambert, Trustee Mark Guethle, Trustee Mark Gaffino, Trustee Laura Curtis, Trustee Vince Mancini, Village Clerk Lori Murray.
Staff in attendance: Village Administrator Wes Kornowske, Finance Director Bill Hannah, Village Atty. Kevin Drendel, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Community Development Director Scott Buening, Police Chief Dave Summer.
AUDIENCE COMMENTS
Kathy Gilroy, 230 West Division, Villa Park, IL – Ms. Gilroy addressed the Board on the subject of video gaming. Gilroy stated that there is currently too much gambling in the state of Illinois. Gilroy said it takes many losers to make one winner. There are over 9000 people who have signed up in Illinois to be in the self exclusion program. They have volunteered that if they are found in a casino they can be arrested. Gilroy said there is no way to keep these people out of a bar or restaurant and so that is where they will be. Gilroy noted her concern about children playing these games, adding that there are no regulations for these machines in bars and restaurants as there are in casinos. Gilroy requested the Village Board pass an ordinance to ban the video gaming machines.
TRUSTEE COMMENTS – None
CONSENT AGENDA
1. Approval of Village Board Minutes dated 6/4/12; Approval of COW Minutes dated 6/4/12.
Motion for approval made by Trustee Guethle and seconded by Trustee Lambert. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).
NEW BUSINESS
1. Approval of a Real Estate Contract for 207B Linn Ct
Staff recommended approval of the bid from Fox Valley Habitat for Humanity in the amount of $17,500. If approved, the closing should happen before August 6, 2012. Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Trustee Curtis said that the price of the contract was significantly lower than other units that have sold and asked if this was the only bid. Community Development Director Scott Buening said this was the only bid and that there have been finished habitable units sold for $30,000 but this unit is not habitable and there is no plumbing or electricity. Village Administrator Wes Kornowske noted that the association, within their bylaws, does not allow rentals for new owners. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).
2. Approval of an Ordinance Approving a Sign Variance for 417 S. Lincolnway
Buening said that the ordinance requests a variance for LED panels to be displayed on the side of the sign and also allow LED panels to be less than 400 feet separated from each other on the property and less than 400 feet from the signs on the Thornton’s property. The Plan Commission had voted unanimously to recommend approval of the variances due to the similarity to the Thornton’s across the street. Motion for approval made by Trustee Lambert and seconded by Trustee Guethle. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).
3. Approval of an Ordinance Revoking Ordinance 10-06-21-02 Approving
Special Use for Lots 2 and 4 of the Randall Road Commercial Center
At the last Plan Commission meeting, the Commissioners voted unanimously to revoke the special use. Motion for approval made by Trustee Lambert and seconded by Trustee Gaffino. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).
4. Approval of an Ordinance Amending the North Aurora Code Regarding
Video Gaming in the Village of North Aurora
Village Administrator Wes Kornowske said that the ordinance is before the Village Board due to a request from a local establishment as to whether or not the village allowed gaming terminals. Staff found three applicable ordinances, two of which conflict with each other. Section 9.1.090 is a general prohibition on gambling. This was approved in 1982. In 1987 the Off Track Betting facility was approved and this ordinance was not repealed at that time. In 2000, Section 5.0.250 inserted language into the liquor code saying it is unlawful to permit any gambling except as may be authorized by the state on any premises licensed to sell alcoholic liquor. The Finance Committee, at their last meeting, decided to forward the issue to the full Village Board without a recommendation. Staff’s opinion is that section 9.1.090 was approved in 1982 and it was an administrative error that this was not repealed since off track betting was approved in 1987. Motion for approval made by Trustee Guethle and seconded by Trustee Lambert.
Trustee Curtis read information from an article by Professor John Kent of the US International Gaming Report of 2009, stating that for every 1 dollar of revenue generated, it costs tax payers $3 in social welfare, criminal justice and regulatory costs. Statistics also found an effect on foreclosure, divorce and suicide. Curtis said her concern is for the children in the Village in terms of the social fabric of the community (divorce, foreclosures, bankruptcy, things that happen as a residual affect). Curtis asked the Board to think beyond the dollar sign and to the potential impact on the community. Trustee Mancini asked who would enforce the Gaming Act. Kornowske said it would be the IGB. Mancini noted his concern about the Village not having any mechanism to enforce violations. Trustee Mancini said that once the Village allows gambling and issues a license, it goes into perpetuity, because the Village has no ability to revoke it and it is up to the state. Atty. Drendel said that if the Village can prohibit it in the beginning then the Village can prohibit it down the road.
Mancini said that if the State amends the Gaming Act, the Village has no way of challenging it once it is issued. Mancini said this would be a bad business deal. Trustee Guethle said the state passed this unanimously and the governor made the amendment to exclude those municipalities if they choose. Guethle said that there are people gaming in the Village, and that if a business wants to include gaming, they should have that choice. Guethle said this would bee a good decision for the Village and that he was in favor of passing the ordinance.
Trustee Lambert asked if the license can be written so that it is reviewed annually. Atty. Drendel said the state statute does not prohibit the Village or authorize the Village to enforce it locally and therefore leaves a question. Drendel said that if the Village makes it a local law, by ordinance, the Village could build into the language that it is not a property right and has to be renewed every year. It is not as clearly defined as in the liquor code. Kornowske said the strongest enforcement would be to tie it to the liquor code and will then have the ability to pull a liquor license if there is a violation with gaming.
Trustee Faber said he doesn’t see a lot of money coming out of this and only one argument which would possibly sway him to vote in favor, and that is the roads. Since there are three major state routes that go through the Village, the Village is extremely dependent on the State of Illinois to provide revenue and to take care of these roads. Mayor Berman said, “We are in financial straights in the State of Illinois, and our elected officials have decided that this is one of the ways to get relief from the financial burden.” Berman added that gambling is not a way to pay for all of the past debts, but believed in those elected to represent in the state legislature. Mayor Berman said he would like to see the Village Board support it from this standpoint. Roll Call Vote: Guethle – yes, Lambert – yes, Faber – no, Trustee Gaffino – no, Trustee Curtis – no, Trustee Mancini – no. Motion failed (2-4).
Atty. Drendel said that the ordinance prohibiting gambling would need to be amended to accept off track betting. Drendel added that the way the Video Gambling Act is written, it seems to suggest that the Village has to affirmatively prohibit. In the same ordinance, would need to affirmatively prohibit video gaming. Kornowske said he would contact the IGB and inform them that video gaming is not allowed in the Village of North Aurora.
Atty. Drendel to draw up a new ordinance.
5. Approval of a Resolution for the Lease of Space in the North Aurora
Activity Center to Share and Care Learning Center, Inc.
Share and Care will be vacating two rooms at the Activity Center. They will be vacating one in October and the new lease would be effective until May 31, 2013. Motion for approval made by Trustee Guethle and seconded by Trustee Lambert. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).
6. Approval of Agreement for Springbrook Web Payments and Services
Motion for approval made by Trustee Guethle and seconded by Trustee Lambert. Trustee Curtis said her concern is that this service is done for the residents as a convenience, but the more people that use this, the bigger the expense. Curtis said there are other venues to use such as online banking, U.S. Mail, dropping off a payment at Village Hall. Trustee Faber asked if the new process would make a significant difference in the way Staff currently handles payments. Finance Director Bill Hannah said that there will be less phone calls; Staff will be able to efficiently handle payments over the phone; the ability to sync this with what the Village currently does so that it is under one umbrella. Kornowske said that the resident would also have the ability to get their usage history.
Roll Call Vote: Trustee Faber – no, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino no, Trustee Curtis – no, Trustee Mancini – no. Motion failed. (2-4).
7. Approval of Bill List dated 6/18/2012 FY 12 in the amount of $66,741.90; and Bill
List dated 6/18/12 FY 13 in the amount of $13,281.94.
Motion for approval made by Trustee Gaffino and seconded by Trustee Guethle. Roll Call Vote: Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (6-0).
OLD BUSINESS – None
VILLAGE PRESIDENT’S REPORT – None
COMMITTEE REPORTS
North Aurora Days Committee requested fireworks bids for North Aurora Days (for August 3rd). One bid received from Johnny Rockets.
TRUSTEES’ COMMENTS – None
ADMINISTRATORS’ REPORT
1. The Water Treatment Plant/Public Works Garage IT project is complete – Able to access the village servers from their locations and can share files. Can also monitor the water treatment plant in the wells through a virtual private network.
2. Working with First Industrial for the Tollway Park Commerce center. Trying to get the association up and running again.
3. The Village received a letter from Senator Tom Johnson. The Village was appropriated $60,000 for general infrastructure projects.
ATTORNEY REPORT – None
FIRE DISTRICT REPORT – None
VILLAGE DEPARTMENT REPORTS
A. FINANCE – None
B. COMMUNITY DEVELOPMENT – A new seasonal code enforcement officer will be in place sometime next week. CVS construction is going well and Woodman’s will start their construction project. Buening noted that there will be a special meeting with the Village Board on July 30th to discuss the new zoning ordinance.
C. POLICE – None
D. PUBLIC WORKS – Ninety percent of the storm sewer is installed. There will be a pre-bid meeting for tree removal on Wednesday and bid openings will be on the 26th. There are 59 large ash trees that need to be removed. Tree removal is covered under the Prevailing Wage Act and therefore anticipate the cost to be higher this year.
E. WATER – The Water Dept is keeping a close eye on monitoring the wells.
EXECUTIVE SESSION
Motion made by Trustee Guethle and seconded by Trustee Curtis to adjourn to executive session for the purpose of labor negotiations. All in favor. Motion approved.
(return from executive session)
ADJOURNMENT
Motion made by Trustee Guethle and seconded by Trustee Lambert to adjourn the meeting. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
