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Village Board Minutes

VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING MINUTES
JULY 16, 2012

CALL TO ORDER
Mayor Berman called the meeting to order at 7:00 p.m.

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, Deputy Village Clerk Cindy Torraco

Staff in attendance: Village Administrator Wes Kornowske, Finance Director Bill Hannah, Community Development Director Scott Buening, Public Works Superintendent Mike Glock, Water Superintendent Paul Young, Police Chief Dave Summer, Village Attorney Kevin Drendel, Village Engineer Jim Bibby

AUDIENCE COMMENTS
None

TRUSTEE COMMENTS
None

CONSENT AGENDA

1. Approval of Village Board Minutes dated 7/2/2012

MOTION: Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino.

Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Faber – yes, Trustee Lambert – yes
Motion approved (6-0)

NEW BUSINESS

1. Approval of a Motion to Suspend Roberts Rules of Order

MOTION: Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino

Discussion: none

Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Faber, Trustee Lambert
Motion approved (6-0).

2. Approval of a Motion to Reconsider an Ordinance Amending the North Aurora Code Regarding Video Gaming in the Village of North Aurora

MOTION: Motion for approval was made by Trustee Faber and seconded by Trustee Guethle

Discussion: Mr. Parker Grabowski, owner of the Turf Room Restaurant, stated that he applied to the state of Illinois for a video gaming license to install video games at his establishment, and then read that the Village of North Aurora voted against video gambling. Grabowski stated that allowing video gambling could help future growth in the Village and even bring in more casual dining establishments. He stated he had obtained 150 signatures of people who are in favor of video gaming and he also presented a print out of a presentation he compiled indicating the money that could be brought in to the village with video gambling revenues. He said he had talked with Trustee Mancini who is concerned that there would be no control. Grabowski stated video gaming shouldn’t be difficult to manage and the control over video gaming would be built into the liquor license. Further, he stated the video games will be put into an area where someone over 21 can monitor them, noting in the Turf Room, they would be built into the bar and the bartenders would be there to monitor. He stated there should not be any concern about kids seeing the video games, and they see lottery tickets sold and some even buy scratch off tickets, and kids can see ungodly things on internet and any good parent will manage their kids, so it is about good parenting as well as control. If Aurora opts out because of the riverboat and Batavia opts out, this would give North Aurora something the neighboring towns don’t have. Grabowski stated he has his state license and has signed a waiver that protects him, like the waiver that protects him from having another OTB located within 1,000 feet. Although the waiver would protect him with regard to video gaming, he would not use that to keep neighboring Raimondo’s restaurant from obtaining a video license. Trustee Mancini wanted to know if there was anything prohibiting him from having video games in the same area as the OTB, and Grabowski replied they can now be in the same room.

Grabowski stated he participates in the Village and has made numerous donations to non–for-profits, about $35,000 in donations made over the last four years and he feels that video gaming would provide him the ability to donate more in the future. He said the Village has lost a lot of tax dollars as businesses have closed and video gaming would add more security for keeping businesses in the Village. Grabowski also stated that he is footing the bill to finish the roads by the Turf Room and that he has put liens on 7 land owners over there, adding it would be nice to get some of that money back. He stated that the OTB brings about 70 or 80 thousand to the Village not including additional tax dollars from his restaurant. Video gaming would be an added bonus and revenue would add up over ten years. With added video gaming locations, that would be even more money for community. He sees this not as a risk but rather, an opportunity for growth.

On a final note, Grabowski stated the Turf Room and the Village of North Aurora was mentioned in a renowned Wine magazine with exposure to the whole world. He noted that wine connoisseurs from around the world read this magazine and attempt to visit every restaurant that is on this list. People from all over will come to our restaurant in North Aurora.

Trustee Guethle commented on the projected revenue that Grabowski stated, noting that his establishment would bring in higher than average revenues with the horse racing, adding that the Village would get maybe 35-40 thousand from the Turf Room, but more like 20 thousand from other locations.

Trustee Curtis offered her congratulations on the wine listing in the Wine magazine. Curtis asked Grabowski how many of the 150 signatures were from North Aurora residents. Grabowski replied 38 were from North Aurora, but said his business draws people from Naperville, St. Charles and even as far as Chicago, adding a lot of money is spent at the Turf Room, and not just from North Aurora residents.

Verna Oehler, owner of the Little Red Schoolhouse, 110 S. Lincolnway, stated that if the Village Board does not support video gaming, she will be out of business, adding her customers will go somewhere else to be entertained and she agreed with Mr. Grabowski, noting “he said it all”.

Representative from the Universal Gaming Group stated that they are the operators of the video games that Grabowski is looking to install. He explained how the gaming works and stated no one will lose their pay check by playing these video games, it is for entertainment purposes. He stated this is going to happen and they are going to start placing games in establishments next month, going live in Hoffman Estates next month, and stated that the State of Illinois is going to keep a good eye on everything. Further, Elk Grove Village has already implemented rules, and noted the Village will be in control with the hold we have on our liquor licenses.

Trustee Curtis asked what the maximum bet is per game, and how long the game would last. The response is $2.00 and one game last three to five seconds. The representative stated that casinos get an average of $70 per bet and most people spend about $40. It was noted that the state mandates the winning percentages to be 88% to 90%, noting they want to make it a good experience otherwise people won’t return.

Trustee Guethle asked if everything is done on-line. The representative replied that the money is not counted on site and there is a cartridge that is taken out and direct deposited and the Operator is responsible for all the taxes the same as the horseracing is handled. Further, an armored car picks up the deposits for the state. The hours of the liquor license dictates the gaming hours, no gambling will be done after hours. Grabowski noted that in planning his restaurant in Hoffman Estates, the fact that they will allow video gaming absolutely made him want to build a restaurant in that community.

Mayor Berman commented that 26 years ago, when the first OTB on Route 31 was brought in, people were afraid it would ruin the community, but they OTB had fewer police calls than the AMF bowling alley or retirement homes. He stated this is so well regulated and feels that this will do nothing but good for our community from a revenue standpoint. Further, Springfield feels this is necessary to cover revenue defaults that the state has and in looking to help in that area, Mayor Berman said he is in favor of video gaming revenue coming in. Trustee Guethle added the Village of North Aurora has three state roads and a bridge that runs through town and uses state funding for upkeep.

Trustee Curtis stated there is data that shows there are negatives to gambling including addiction, divorce and child abuse and asked what kind of message we are sending to future generations. Curtis stated the Village turned down a Wal-Mart but wants to say yes to video gaming, and feels this sends a bad message for growth and development.

Mayor Berman stated there were many opinions to why the Wal-Mart was voted down and it was a different village board at the time, and this board has their opinions on this issue.

Roll Call Vote: Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – no, Trustee Mancini – yes,
Motion approved (5-1)

3. Approval of an Ordinance Amending the North Aurora Code Approving Video Gaming in the Village of North Aurora

MOTION: Motion for approval made by Trustee Guethle and seconded by Trustee Faber

Trustee Mancini commented that he was still not sold on the issue one way or another. He noted that there has been compelling evidence and testimony with regard to revenue increases this could bring. Mancini asked if any of the trustees who had changed their vote from last time would comment on what persuaded them to do so, adding that he is leaning towards no.

Trustee Faber said he is in the same spot, and he voted no last time, adding that he is now 52% for allowing video gambling, but doesn’t feel strongly either way. Faber noted that 90% of the people he spoke with didn’t care if video gambling is allowed and they felt that if people want to do it let them do it.

Trustee Lambert commented that grown adults should be able to make their own decisions regarding gambling and noted that the positive thing is the revenue this would bring, but the negative would be the concern with children wanting to play the games. Lambert stated that it should be the responsibility of the parents to talk to their children and monitor them, and we need to trust that parents are making right choices and keeping an eye on their children and talking to them about the negatives. Lambert also stated it is the responsibility of the business owners as well, adding that the business owners deserve the respect and trust of the Village that they will follow the requirements of the license. Lambert added that the liquor commissioner has control through the liquor license.

Trustee Guethle stated that he trusts our parents to monitor their children and he trusts the businesses to maintain the video games and he does not think we should limit this activity, adding it is a win/win for the Village to get roads and bridges fixed.

Trustee Curtis stated she had done extensive research that indicates higher incidents of addictions, divorce, foreclosures and said there are several websites about video gaming. Curtis said she does not think this is a wise move for the Village.

Trustee Faber noted the one thing that sticks out to him is the restricted viewing. Trustee Mancini said that as long as you have a view of an employee does not make it restricted viewing and with regard to a restaurant with out a separate over 21 area, the establishment would have to create something to restrict the video gaming area. Mancini suggested some reasonable restrictions should be added to the ordinance with regard to keeping video gaming away from those under the age of 21.

Drendel noted the ordinance is bare bones to accomplish making video gaming legal and restrictions could be added. Kornowske noted this is something that can be looked into further and a separate ordinance could be brought back that would tighten up restrictions.

Mayor Berman asked Mancini what exactly he is against. Trustee Mancini noted he is against gambling as a revenue source in general and feels this is not good business practice and feels this is opening a Pandora’s Box. He is concerned that the State will want to expand on this and once we approve a license we will not be able to alter it and could end up with mini casino halls if the State decides to allow 20 instead of 10 games per establishment. He said he is not against gambling as enjoyment, but is against the fact that the Village would be without any control if the State wants to make it legal.

Trustee Lambert asked Attorney Drendel if we could attach control levels to the ordinance and Kornowske stated it goes back to what the liquor license provides and allows the liquor commissioner to pull the liquor license.

Trustee Gaffino noted that he voted no last time and is now 50/50. He stated if someone is against gambling, they would not go to the restaurant, but a business owner should have the opportunity to decide if they want it or not. Gaffino stated he things it will bring in more business and may draw other venues in town. He added that most people don’t even know there is an OTB in North Aurora and said he would like to see if anyone had issues with how the Turf Room is set up. Trustee Mancini and Trustee Faber agreed that how the Turf Room is run is a perfect set up.

Mayor Berman stated that we talked about moral aspect, and stated that he does not feel gambling is a moral issue. Berman said we all have our own moral feelings, and some residents may not think video gaming is a problem and some may. However, the board should not make moral decisions for everyone. Berman is in favor of more control and doesn’t feel video gaming will be a problem.

Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – no, Trustee Mancini – no, Trustee Faber – yes, Trustee Lambert – yes
Motion approved (4-2)

4. Approval of an Ordinance Amending the North Aurora Code Prohibiting Video Gaming in the Village of North Aurora

This item was removed from agenda

5. Approval of A Resolution of Support for the Phasing of the Randall Road Repaving Project within FFY14 and FFY15 through the Surface Transportation Program Administered by the Kane/Kendall Council of Mayors

MOTION: Motion for approval was made by Trustee Lambert and seconded by Trustee Mancini

Discussion – Kornowske explained the two phases of this project would increase funding shares through the STP program administered by the Kane/Kendall Council of Mayors. The cost savings could be allocated for the Smoketree Lane project for 2015. Kornowske noted that because we would be doing the project in two phases the cost of construction would increase but the Village would still be saving money by phasing the project into two fiscal years. Trustee Mancini wanted to be sure that the next board would be bound by this resolution and Kornowske assured him they would be.

Roll Call Vote: Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes,
Motion approved (6-0)

6. Approval of a Resolution Authorizing Application for the CMAP Community Planning Program Grant and Execution of all Necessary Documents

MOTION: Motion for approval was made by Trustee Faber and seconded by Trustee Gaffino

Discussion – Kornowske noted the CMAP Community Planning Grant program would be targeted for a Comprehensive Plan update, noting that the Village’s zoning ordinance review should be finalized in the next 6 months and the Comprehensive Plan should be updated to keep it current with the zoning ordinance. The cost for an update of the Comprehensive Plan would be $100,000 and this grant would cover this cost.

Roll Call Vote: Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes
Motion approved (6-0)

7. Approval of an Ordinance Amending Section 8.12.040 of Chapter 8.12 of Title 8 of the North Aurora Village Code regarding Placement of Garbage on the Curb

MOTION: Motion for approval was made by Trustee Mancini and seconded by Trustee Gaffino

Discussion – Kornowske noted this was just a code clean-up issue to correct the time garbage is allowed out at the curb.

Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes,
Motion approved (6-0)

8. Approval of a Resolution for Maintenance of Streets and Highways – MFT Funds

MOTION: Motion for approval was made by Trustee Faber and seconded by Trustee Gaffino
Discussion: none

Roll Call Vote: Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes,
Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes,
Motion approved (6-0)

9. Approval of 2012 Road Program Change Order No. 1 from Geneva Construction Company in the amount of $33,113.20

MOTION: Motion for approval made by Trustee Lambert and seconded by Trustee Guethle

Discussion – Kornowske noted that this change order was for asphalt surface improvements on Kettle Ave, the road by the CVS and the Turf Room.

Roll Call Vote: Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes
Motion approved (6-0)

10. Approval of 2012 Road Program Change Order No. 2 from Geneva Construction Company in the amount of $19,633.50

MOTION: Motion for approval made by Trustee Lambert and seconded by Trustee Guethle

Discussion – Kornowske noted this change order was for a portion of the Smoke Tree ramp, east of I-88 by the AMF Bowling alley and is part of the IGA with the Tollway

Roll Call Vote: Trustee Lambert – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes
Motion approved (6-0)

11. Approval of 2012 Road Program Change Order No. 3 from Geneva Construction Company in the amount of $63,973.13

MOTION: Motion for approval made by Trustee Gaffino and seconded by Trustee Guethle

Discussion – Kornowske noted this change order was for the Sperry/Riverwoods grade crossing at Route 25, adding the work is necessary, as the only ingress/egress is the Village Hall parking lot.

Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes
Motion approved (6-0)

12. Approval of a Pay Request No. 1, Partial in the amount of $141,432.61 to Geneva Construction for the 2012 Street Improvements

MOTION: Motion for approval was made by Trustee Gaffino and seconded by Trustee Guethle

Discussion – Glock noted that certified payroll was submitted along with waiver of liens.

Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes
Motion approved (6-0)

13. Approval of a Pay Request No. 1, Partial in the amount of $50,117.17 to Geneva Construction for the 2012 Street Improvements – Poplar Place

MOTION: Motion for approval was made by Trustee Guethle and seconded by Trustee Gaffino

Discussion: Mike Glock noted that all certified payroll had been submitted along with the waiver of liens. Also, it was noted that this was paid from CDBG funding.

Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Lambert – yes
Motion approved (6-0)

14. Approval of a Pay Request No. 6, Partial in the amount of $46,367.51 to Geneva Construction for the 2011 Street Improvements

MOTION: Motion for approval was made by Trustee Gaffino and seconded by Trustee Guethle

Discussion: Trustee Mancini asked if the work was complete. Glock noted that we are holding back $11,000 for manholes that need to be adjusted.

Roll Call Vote: Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes
Motion approved (6-0)

15. Approval of Bill List FY12 dated 7/16/2012 in the amount of $95,028.20 ; Approval of Bill List FY13 dated 7/16/2012 in the amount of $338,236.31

MOTION: Motion for approval was made by Trustee Guethle and seconded by Trustee Lambert

Discussion: Trustee Mancini noted that Baggo Inc. does not exist in Illinois and was concerned this could be a legal issue. They can still be paid; however, he wanted to be sure that there would be no issue if they were not a corporation registered in Illinois with the Secretary of State.

Roll Call Vote: Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Lambert – yes
Motion approved (6-0)

OLD BUSINESS

VILLAGE PRESIDENT REPORT
Mayor Berman noted he will make appointments to commissions at the next board meeting. He commented on the success of the employee picnic and thanked the businesses who donated to this event, including the Turf Room.

COMMITTEE REPORTS

TRUSTEES’ COMMENTS

ADMINISTRATOR’S REPORT
Kornowske noted he would be out of the office on Thursday and Friday of this week on vacation and asked the Trustees who had not yet done so to pick up their tablets at the Village Hall. Also, watering hours will be discussed. Kornowske said ten submittals have been received for the Website redesign and noted that Trustee Faber helped with the evaluations in order to narrow the list down to three firms that will be interviewed on August 7, 2012. Trustees who may be interested in sitting in on the interviews should contact Kornowske.

ATTORNEY’S REPORT
No report
FIRE DISTRICT REPORT
No report

VILLAGE DEPARTMENT REPORTS
A. Finance
Hannah noted that the monthly investment reports will be out this week and also stated the Police Pension meeting has been rescheduled to July 17, 2012.

B. Community Development
Buening stated that the Plan Commission meeting scheduled for tomorrow has the following items on the agenda: Geneva Construction Special Use Amendment; Top Picks Athletics Special Use required for their relocation to a larger facility; Rezoning Nicor properties, as part of the zoning ordinance revision. Buening noted that he has received a number of inquiries form Chesterfield and expects a large audience at the Plan Commission meeting tomorrow with regard to Geneva Construction’s special use amendment. Buening noted there will be a special C.O.W. scheduled in August to review and discuss the zoning ordinance revisions which will then need to be brought to the Village Board for final approval. Buening noted he would be out of the office on Thursday and Friday this week and also Monday through Wednesday of next week.

C. Police
Chief Summer acknowledged the exceptional DUI enforcement efforts of Officer Michael Quinn, Officer Joe Norris, Officer Ryan Hooper, and Officer Brad Brown in keeping our roads safe, and noted that the Alliance Against Intoxicated Motorists awarded them with Certificates of Appreciation. Chief noted he will be out of state on vacation next week and that if anyone needs to, they should contact him first and he will get in touch with Scott Buziecki.

D. Public Works
Superintendent Glock gave a progress report on the current road program.

E. Water
No report

ADJOURNMENT

MOTION: Motion to adjourn to Executive Session was made by Trustee Guethle and seconded by Trustee Mancini

Voice Vote: All in Favor

Meeting adjourned at 9:00 p.m.

ADJOURN TO EXECUTIVE SESSION

Kornowske noted that items 1 and 2 on the Executive Session agenda will be brought to the next board meeting.

1. Review of Executive Session Minutes: 4/2/12 – Session I and Session II; 5/7/12 – Session I and II; and May 5/21/12
No issues. Consent agenda at the next board meeting on August 6, 2012.

2. Review of the Release of Certain Executive Session Minutes (2001-2010)
Forward to next board meeting in Executive Session

Respectfully submitted,

Cindy Torraco
Deputy Village Clerk

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