City of Virginia

July 8th, 2019

Regular Meeting Minutes

Mayor Brunk opened the regular meeting at 7:00pm. Roll was called French, Pratt, Bowman, Wulf, Behrends and Cox answered present. The council reviewed the agenda. Alderman Cox asked how we revisit the stop sign at Cass/Illini St proposed ordinance. Attorney Veith responded that it has to be on the agenda. Alderman Cox made a motion to approve the agenda and Alderman Behrends seconded. Motion carried unanimously. The minutes from the June meeting were presented, Alderman Pratt made a motion to approve the minutes and Alderman Wulf seconded. Motion carried unanimously.

Treasurer’s Report

Treasurer Barrett stated that the JNB agency got refunded a portion of their tax bill, the Finney agency was paid back for electrical costs/light cost from the original project from TIF. Treasurer Barrett also stated that some of the municipal tax CDs can be used to finance tractor. We also still owe the park $55072.59 and there will be a transfer in July. Treasurer Barrett met with Bobby Hardwick in regards to VRWS extensions. A meeting will be set up for end of July, Mr. Hardwick will call EPA and get a finalized sheet of the information of what is needed. This will require everyone having a new contract. They are drafted already and Treasurer Barrett has reviewed them, they will be submitted to EPA. There will be a meeting with the EPA. The board will have to approve, and then the council will have to approve, following approve there will be a publishing period. Treasurer Barrett stated that opefully in October it will all be complete. The sales tax for the month of June was $13163.83 and the gaming proceeds for the month of June was $2651.90

There was no transfer of funds this month. Monthly bills were presented. Alderman Cox made a motion to approve the monthly bills and Alderman Bowman seconded. Motion carried unanimously.

Guests: David Petefish, Casey French, Matt Werner, Ben Werner, Shawn Boggs, Michael Armstrong, John Armstrong,

Public Comment:

Shawn Boggs (A Team Disposal)

Shawn Boggs stated that they represented A Team Disposal, a new solid waste company that started service July 1st. It is a family owned business. Boggs asked the council’s permission to service in the city of Virginia. A Team Disposal was formerly Armstrong Disposal and their office is located in Petersburg. Disposal services are $21 per month or $63 per quarter with the use of one of the trash totes free of charge no additional fees because it is included in the rate. Alderman Cox states that is a lot cheaper than what we are paying now. Alderman French asked about dumpsters, Boggs stated they have dumpsters. Alderman French said he would like to see prices on dumpsters. Boggs stated that their office phone number is on the sheet of paper that they distributed to the council members. Mayor asked what you pick up, residential waste? Boggs stated they will pick up extra items for an extra fee based on what you are trying to dispose of. The question was also asked of how long are the rates good for? Boggs stated that the more you generate in trash the less the tipping fees are so if we have more customers. Alderman Behrends asked if customers can bring truckloads to dispose of, Boggs replied not at this time we are not an operating transfer station at this time. Mayor stated we rent big dumpsters for the city and the recycle so we would be interested in getting quotes. Boggs stated we won’t be doing recycling due to the fees and that we have to haul it to Bloomington. Mayor states our code does have 2 licenses available if the council approves. It has to be put on the agenda for next month, Boggs stated that they called and asked to be put on tonight’s agenda. Mayor states we will act on this as quickly as possible.

Mikia Newcomer

Ms. Newcomer stated that she was attending the council meeting to discuss the issue of her neighbors yard. She stated that there is piles of trash, car parts, busted up furniture, an old boat, and a busted up fence in her neighbors yard. She stated she called on 4th but no one came over. She also stated that they pulled their derby cards through her yard and there are now ruts in her yard. There is a lot of trash and they burn it which causes a really bad smell. She stated that there have been conversations with the owners before and they cleaned it up but right now it has just gotten worse because they just keep adding more stuff. She stated that you cant see it from the highway, there are always junk cards there. Alderman French stated that they burn carpets at night as well and it smells like chemicals. Ms. Newcomer contacted Alderman French and there has been discussion about it. She said they did move the dog to the the back so it is not barking all the time anymore. Chief Kennedy stated that he didn’t know anything about. Attorney Veith and Chief Kennedy will have a discussion in regards to this. Alderman French stated that no one lives in the front house but it is a circle drive. Chief Kennedy asked for the location of the property and stated that it will get taken care of.

Casey French

Mr. French stated that he and his family live on Cass St, and want to revisit the stop sign that was voted down at the last meeting. Mr. French stated he was curious as to why it got shut down, the community is growing there is over 50 kids that go through there. He also said that school starts soon and kids will be out more. Mr. French stated If needed he can bring the community members in to the next meeting that are in support of this because it matters to the community on that side of town. The Alderman of this ward, Alderman French and Alderman Cox see the concern. Mr. French stated he will continue to keep voicing his opinion until people understand the concern.

Monthly Reports

Public Works: McClure stated that the crew has been mowing and are still changing meters out. After the big rain that we had, we now have sinkhole Beardstown/Stowe, under about a foot of concrete. McClure stated that it will have to be busted to see whats going on.

Police Chief: Chief Kennedy stated there were 106 calls: 66 service, 23 traffic, assisted EMS 2 times, 4 arrests, 1 minor accident. Chief Kennedy also stated that he was gone for two weeks so Officer Fanning covered his shifts and he did a really good job so he would like to thank him. We are still dealing with burning issues, the yards, and he will take care of the issue of concern that Ms. Newcomer addressed to the council.

Fire Chief: (read by David Petefish) 2 fire calls: 1 fuel spill at gas station, 1 semi with hogs turned over by the old golf course. The Fire dept will be purchasing more turn out gear. Mr. Petefish stated that the state has 10 year regulation on gear so we need to purchase more. The Fireman’s Fish fry will be in September but date hasn’t been set.

Zoning Officer: nothing to report

Board Reports

Park Board: The pool has been busy. New Berlin and Pleasant Plains buses have been coming. The pool passed state inspection, Randy repaved the ball park and it looks great. The new LED lights are in the bathhouse and in the pavilion. The pool loungers should be in soon. Cass County Health Department will do the back to school event again. The park has gotten bids to repair the building. Summer ball is over and Jr High baseball starts in August.

Library Board: nothing to report

Economic Development: nothing to report

Cemetery Board: will discuss an issue next month

Attorneys Report

Growmark signed the contract for the purchase agreement. Attorney Veith stated that after last month’s meeting and after reading the article in the paper, Attorney Veith thinks there was a fair amount of confusion so he wanted to clarify. Regular ordinance voting requires a majority of those holding office and that includes the Mayor. Majority of 7 which is 4, and that is not the number of people that are present at the meeting but those who are elected officials. So Mr. Veith said the stop sign was 3-2 which is why it didn’t pass because there had to be 4 which is the majority. Its not a 2/3 vote, its majority.(Illinois municipal code and city ordinance) City code requires 2 readings but that is not required but state statue but if you want an ordinance to take effect immediately there is a section that says it has to be in the preamble and the body, it has to be a 2/3 vote. That’s why when we had the ordinance on the TIF issue it was 4-2 so it did not pass. Mr. Veith apologized because he said it passed but then realized there is 7, so 5 would be 2/3. There are other municipalities that have clarified this, Mr. Veith would like to introduce an ordinance that spells out the procedure for passing ordinances because right now it really doesn’t specify. Mayors right to vote: city states can only vote in case of a tie, however the IL Municipal Code says the Mayor has the right to vote in case of a tie or if half of the Alderman then holding office have voted in favor of the proposition or a greater than majority vote is required. It doesn’t really match up with the city code. Mr. Veith stated the problem is unless it gives a council or municipality authority to change we can restrict rights of city officials. Alderman French asked if the Mayor was only limited to a certain amount of votes, Attorney Veith stated yes he gets 1 vote. Alderman French asked but he cant vote every time? Attorney Veiths says he can only vote in the 3 instances: if it s a tie, if half of the alderman have voted in favor like if its 3/2 and one member absent mayor can vote, or if it requires more than majority like 2/3 or ¾.

Attorney Veith stated that reconsideration is tricky. Most have adopted Roberts Rules of Order but they have really strict guidelines about reconsideration. Attorney Veight stated he cant find anywhere where Virginia has adopted Roberts Rules of Order. He checked with IL Municipal League, and we have the right to adopt our own rules, but currently we don’t have any. The ordinance on the TIF approval of the water main extension that was rejected had the emergency clause in it. The one presented tonight does not have the emergency clause so it is a different ordinance. Alderman Cox asked if we can do the stop sign and reword it, attorney says it is a possibility. The only issue that no reconsideration can occur at a special meeting unless you have at least the same number of Alderman there that you had at the meeting in which it was originally acted on. If you don’t adopt the TIF for the water main, then you need to meet with Treasurer and have to come up with over $20000 because you are contractually obligated to put that in. Alderman Behrends would like to discuss later with attorney. In regards to the Front St property, signed a demo and the keys are given to the city and there is an agreement to pay for a certain dollar amount to reimburse for attorney fees to the city. Alderman Cox stated they he would like the stop sign be put back on the agenda. He also stated that the people of the ward want this. Attorney Veith stated that the safest thing to do is to ask someone that opposed it to bring it up in the next meeting. Alderman Cox asked can we put it on the agenda and we will have people up here in support of it

Aldermanic Reports

Cox: nothing to report

Behrends: Alderman Behrends stated that he has a list of properties that the grass needs mowed on North 5th West/Springfield, N Front/E Jackson, Job/Hardin on the corner, and Job/College on the corner the backyard is really high. Alderman French stated that the owner is waiting to get concrete hauled out of the backyard before he can mow it. Alderman Behrends stated that the property on W Liberty St along the creek needs mowed but didn’t know if the city did that, McClure said if we had a tractor we would mow it. Alderman Behrends also asked the status of the building on the south side of the square. Mayor said he tried to reach out to the owner, got no response, that is one of the ones on the list right now. Mayor will give attorney the address that is on file at the Courthouse, it is up around Chicago some place. Mayor asks for a copy of the addresses, Alderman Behrends complies.

Wulf: Alderman Wulf asked if the city is still working on potholes? McClure stated yes. Alderman Wulf asked if the alleys will be taken care of as well? McClure stated that the city will do work and put gravel and try to roll them out and maybe put some black stuff on it if needed. Alderman Wulf also congratulated Chief Kennedy on finishing his two weeks of training, he passed with flying colors. Alderman Wulf would also like to thank the city crew for taking care of the ditches.

Bowman: nothing to report

Pratt: Alderman Pratt stated that he had some questions but that the Attorney answered them.

French: Alderman French asked about the trailer court on East St, do people live there? The Mayor stated that there was litigation in the past, but not currently. The owner won and was allowed to have a trailer court permit. He is trying to sell it and wants to sell it as a mobile home court, but the city probably won’t issue the permit because it doesn’t meet the requirement and it is in a flood zone. Alderman French would also like to publicly apologize that he lost his temper at the last council meeting, and also stated that there is a whole process for this, this shouldn’t have been straight to a vote, he called Illinois Municipal League and other Alderman. Alderman French thinks there should have been more discussion on it with a streets and zoning committee. Alderman French also stated there is also a whole manual that discusses stop signs, it was rushed through because one person didn’t want it. The Mayor told me that he didn’t want this and he wouldn’t let it pass. There is a stop sign the process wasn’t event looked at or mentioned, this could have been a great learning experience, and it could have been a great thing. Alderman French said that it was voted unanimously in the beginning and then it was voted against. Alderman French also stated that he would like to recognize Treasurer Barrett as he puts a lot of hard work into what he does and a lot of it is on his own personal time. Alderman French told Mayor Brunk that he has created an enemy and he will point out every mistake that he makes from now on.

City Clerks Report: Zoning Committee meeting on Aug 6th at 7pm at City Hall to discuss a rezoning proposition

Mayors Report

In response to French: Mr Pratt was aware of everything and he reviewed. Mayor Brunk stated that Alderman Pratt made a comment that the worst decision he made as Mayor of Chandlerville was the stop signs. Mayor Brunk stated that he didn’t vote against it. Mayor Brunk addressed the police car situation and stated that he is supposed to call the dealership tomorrow. The USDA needs a hard copy of the invoice to finish it up. Mayor Brunk stated he gave information on the squad car, the city’s cost of approximately $17450.00 for the vehicle, after we get it outfitted it will be a little more. Alderman Cox asks is it a car or SUV? Mayor says SUV. Mayor Brunk said there is a white one and a gray one. Alderman Behrends said the white is the v8 and the gray is v6. The accessories will be around $7329.50. Chief Kennedy states it is a Dodge Durango. USDA is paying 55% of total cost. Currently we have $23161.62 sitting in the fund. Total cost is: $38776.50 (estimated) and Mayor Brunk states they will pay 55% and we will pay 45%. We have money in the account from the insurance. Chief Kennedy suggests both cars need the brush guard, the Crown Victoria also transports prisoners outside of town. Chief Kennedy also states that Chandlerville just went to having county patrolling their area. They have a squad car fully equipped, don’t know if the city would be interested purchasing it. Chief Kennedy stated that the odometer stopped working a year ago in the Crown Victoria, so he is not really sure how many miles. Treasurer Barrett asks if we have guarantee on USDA money? Mayor states no, that’s why he is waiting on it. We need the hard invoice from the dealership. Treasurer Barrett asks how long it takes after you submit it to the USDA would the money be disbursed? Mayor stated he will check with her tomorrow, so we will go with the white SUV with brush guard and cage.

Unfinished Business

No Unfinished Business on the Agenda

New Business

Ordinance Authorizing TIF Application for Growmark water line (1st reading)

Mayor reviewing the agreement, the contract agreement has already been set in stone. Alderman Cox made a motion to approve the ordinance authorizing the TIF Application for Growmark water line, Alderman Behrends seconds. Motion passes unanimously.

Motion to go into Executive Session at 805pm made by Alderman Cox, seconded Alderman Bowman. Motion carried unanimously.

All present back into executive session 830pm

No public comment

With nothing further to discuss, at 831pm Alderman Cox made a motion to adjourned the council meeting and seconded Alderman Bowman. Motion carried unanimously.

_________________________                       ________________________

Reg Brunk, Mayor                                                         Ashley Cox, City Clerk