VILLAGE OF MACKINAW

100 E. FAST AVE

MACKINAW IL 61755

PRESIDENT AND BOARD OF TRUSTEES

July 13, 2009

REGULAR MEETING MINUTES

MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MACKINAW, HELD AT THE MUNICIPAL BUILDING AT 7:30 P.M.

Village President Craig Friend called the meeting to order at 7:30 P.M.

This was a regularly scheduled meeting of the Village of Mackinaw.

I. ROLL CALL @ 7:30 P.M. Present: 5 – Trustees Mike DeChaney, Carolyn Elmore, Tom Goings (by remote attendance), Jerry Peterson, and Jesse Watkins.

Absent: Trustee Lynn Rudin.

Also Present: Ron Roth, Melvin Pleines, Jerry Kuhn, Gary Jacobs, Steve Girdler, Joanne Benway, Gary Benway, Tom Holm, Steve Wilson, Police Chief Gary Hartzell, Deputy Police Chief Bob Davies, Attorney Mark McGrath, Village Treasurer Scott Eidenmiller, and Village Clerk Lorrie Paxton.

II. CONSENT AGENDA: The consent agenda consists of approving the previous meeting minutes, recurring disbursements, and reports written by the Village Clerk, Police Chief, Deputy Police Chief -Emergency Management Coordinator, Public Works Manager, Village Treasurer, and Village Collector. Due to questions on the June 22, 2009 minutes, these minutes were removed from the consent agenda.

Trustee Peterson moved, seconded by Trustee Elmore to approve the consent agenda which includes the June 8, 2009 regular meeting minutes, as submitted by Village Clerk Lorrie Paxton. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

III. CITIZENS COMMENTS AND CONCERNS:

Brett Zehr, UCC-1: Gary Jacobs came to the Board to explain the Village’s first mortgage. The UCC-1 is a lien which covers contents and equipment. The first loan from the Village is for the dollar amount of $150,000. The bank will have a lien through a second mortgage and the UCC-1.

Trustee Elmore moved, seconded by Trustee DeChaney to authorizing the Village loan to be secured by the first mortgage only, not require the UCC-1. On a roll call, the vote was;

AYES: 5 – Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

Gary Jacobs left the meeting at this time.

Bob Fritch, Tree Removal: Bob Fritch was not present for the meeting. Public Works Manager Randy Dabney will look into the matter further.

Danvers President, Ron Roth in Regards to Purchasing Water from Mackinaw: Ron Roth, President of the Village of Danvers, made a presentation to the Board reporting arsenic in the water in Danvers, and is searching for alternatives as far as purchasing water. Melvin Pleines, Public Works Director for Danvers, said there is nowhere to drill a well in Danvers. Danvers’ intentions are to see if Mackinaw would consider selling water to Danvers before they start researching the cost of building a new water plant for the town.

As of today, Danvers’ water usage is 100,000 to 180,000 gallons. There would be a need to install a pipeline with a distance of approximately 7.5 miles from the Mackinaw Water Plant to Danvers Distribution Area in order to transfer purchased processed water.

Village of Mackinaw Page 2 July 13, 2009

President Friend requested to know the growth estimate of water usage if this installation were to take place. Attorney McGrath stated Danvers cannot have any more houses, due to the fact the village’s sewer system is under IEPA restrictions. Public Works Manager Dabney estimated the peak usage would be 600,000 gallons per month including Mackinaw and Danvers. An employee may be necessary to run the pump from eight to ten to possibly twelve hours in order to produce that amount of water.

President Friend mentioned Lilly and Spin Lake might like to hook onto the same system. Friend suggested setting up a committee to make any further decisions regarding the purchase of water by other towns or villages.

Attorney McGrath stated because he is also the attorney for Danvers, he had a conflict of interest in the matter, but addressed the fact that selling water is good business and noted that Mackinaw water rates were artificially low for many years due to selling water to Heritage Lake.

The water plant in Mackinaw would be at a 50 percent capacity if it were to add Danvers to the system. Jerry Kuhn stated EPA stimulus money could possibly be available.

Trustee DeChaney moved, seconded by Trustee Watkins to approve the concept of selling water to the Village of Danvers and to establish a committee consisting of President Friend, Trustee Watkins, and Public Works Manager Dabney to meet with Danvers on issues pertaining to the purchasing of water. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

Ron Roth, Steve Girdler, Melvin Pleines, Steve Wilson, Tom Holm, and Jerry Kuhn left the meeting at this time.

Water Billing Concerns: Joann Benway brought before the Board her concerns with her water bill amount for $241.00 for the month of July. She would like the Village to consider helping her pay the cost of this bill.

Public Works Manager Dabney stated the Village has a water bill policy and Maintenance Supervisor Mike Schopp has verified there are several leaks at Benway’s residence. Dabney also stated once she gets the situation handled with all of the leaks, she is welcome to work out the details of her water bill with the Village Collector. Benway hopes to get a plumber to her residence this week.

Joann and Gary Benway left the meeting at 8:05 p.m.

IV. VILLAGE CLERK’S APPOINTMENT – At 8:07 p.m., Trustee Watkins moved, seconded by Trustee Elmore to go into executive session to discuss personnel issues and to allow Village Attorney Mark McGrath, and Village Treasurer Scott Eidenmiller, to remain for the executive session. Attorney McGrath will take minutes for this session only. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

V. ROLL CALL @ 8:53 P.M. RETURN TO REGULAR SESSION: Present: Trustees DeChaney, Elmore, Peterson, Goings (present by remote attendance), and Watkins.

Also Present: President Friend, Attorney McGrath, Treasurer Eidenmiller, Public Works Manager Dabney, Police Chief Hartzell, Deputy Police Chief Davies, and Village Clerk Paxton.

Trustee Goings moved, seconded by Trustee Watkins to appoint Austen Wood as the part-time Village Clerk for the salary of $12.50 per hour. On a roll call, the vote was;

AYES: 3 – Trustees DeChaney, Goings, and Watkins.

NAYS: 1 – Trustee Peterson.

ABSENT: 1 – Trustee Rudin.

PRESENT: 1 – Trustee Elmore. Present vote is added to majority and therefore is an AYE vote.

Final AYES: 4 - Trustees DeChaney, Goings, Watkins, and Elmore.

There being four affirmative votes, the motion carried.

Village of Mackinaw Page 3 July 13, 2009

McGrath advised Trustee Elmore that since she voted “Present” her vote counted towards the majority vote. She told the Board she understood this.

Lorrie Paxton left the meeting at 8:54 p.m.

At 8:55 p.m. President Friend called Austen Wood to the meeting to assume the duties as Village Clerk. During this time, there was a short recess.

Austen Wood arrived at the meeting at 8:56 p.m.

Attorney McGrath asked President Friend to vote at this time. President Friend voted yes to appoint Austen Wood as the Village Clerk. Attorney McGrath advised the Board that he was not sure if this vote was required and will report to the Board at the next meeting whether it was required.

Austen Wood was sworn in by oath as Village Clerk by President Friend.

Trustee Peterson moved to pay former Village Clerk Lorrie Paxton through the next payroll. No second was made to this motion, therefore the motion died.

Trustee Peterson moved, seconded by Trustee Watkins to pay former Village Clerk Lorrie Paxton regular pay through August 14, 2009 without office attendance, continue her insurance through August 14, 2009, and to pay her for all personal and vacation time. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

VI. REPORTS:

A. POLICE CHIEF’S REPORT: Police Chief Gary Hartzell reported on the activities in the Village, report on file.

Part-time Police Officers: Police Chief Hartzell had nothing to report at this time.

B. EMERGENCY MANAGEMENT COORDINATOR’S REPORT: Emergency Management

Coordinator and Deputy Police Chief Bob Davies asked the Board if the new monthly report is helpful. If so, he will continue to utilize this particular format for the report. The Board agreed this report was acceptable. Report on file.

Davies reported a couple of vandalism complaints in the last couple of weeks, as well as a few fireworks that needed to be shut down around the 4^th of July holiday.

Davies also reported the positive feedback from the public about Officer Maria Cupi riding the bicycle during the Mack-ca-Fest celebration.

President Friend reported on a problem on an unlicensed Moped with an underage rider on the streets in front of vehicles, and causing emergency stops in the road. Trustee Watkins asked if it is illegal to ride a Moped in town, and Deputy Police Chief Davies replied yes.

President Friend also commented on the positive feedback he received about Officer Cupi on the bicycle during the Mack-ca-Fest celebration.

C. TREASURER’S REPORT: Treasurer, Scott Eidenmiller reported on the Village accounts and
investments. Report on file.

Trustee Peterson requested the report titled “Income Statement” be changed to “Income/Revenue” so as to clarify these two items are both included in this report.

Approval of Non-Recurring Bills –Trustee Elmore moved, seconded by Trustee Watkins to approve the non-recurring bills as submitted. On a roll call, the vote was;

AYES: 5 – Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

Village of Mackinaw Page 4 July 13, 2009

PUBLIC WORKS REPORT: Public Works Manager, Randy Dabney reported on the activities in his department. Report on file.

Dabney wanted the Board to recognize the sand for the playground equipment at Veterans Park was donated by Lowery Excavating. Trustee Elmore asked the Village Clerk to write a thank-you to Lowery Excavating for the generous donation. President Friend also wanted to congratulate Dabney and his department for a good job installing the barriers for the sand to be put in at Veterans Park.

Dabney reported on the repairs needing to be done on Leopold St. The Streets Department will only be able to do repairs. The department will have to excavate the trouble area between Golden Ct. and Smith St., which in turn means shutting down the area. This will eliminate any safety concerns. Dabney stated the best way to notify residents is to post signs in surrounding areas. President Friend suggested advertising in the Area Buyer’s Guide to notify the public of this project.

Dabney hopes to have the Leopold project finished sometime in August. He is not sure what the department is getting into upon excavation, therefore he cannot guarantee this will be a Monday through Friday closure. Dabney does not believe blocking off the street will affect residents as far as getting to and from their homes. President Friend requested for signs to be put on Fast Ave. near Heritage Lake to notify oncoming traffic; Dabney said he will speak with the Heritage Lake Association. Attorney McGrath suggested communication with Eastside Daycare Center due to the parents of the students needing to get in and out of Leopold St.

President Friend wanted to inform the Board of the Mackinaw Business Person’s Association meeting Tuesday, July 21, 2009 at the Mackinaw Valley Vineyard, and said one Board member was invited to join him if he/she were interested.

Sidewalk Grant Bid Packet: Dabney reported the Sidewalk Grant Bid Packet is in IDOT format, and he wants to make it available for the local contractors. To make sure all persons with questions will be fully informed advertising for the bid will appear in the Peoria Journal Star.

Trustee Elmore moved, seconded by Trustee Peterson to approve the bid packet. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

Attorney McGrath mentioned the Village could use a Letter of Credit in lieu of a deposit from the winning bidder. Dabney indicated the letter is usually as costly as putting down a deposit.

This packet will be available first thing Tuesday, July 14, 2009 and explains everything a bidder needs to know. The Village Hall will keep a record of who is picking up the bid packets. Dabney stated the Village Office Personnel can email a copy of the packet free of charge. Attorney McGrath agreed to this decision.

Curb and Sidewalk Policy: Dabney notified the Board the sidewalk replacement policy is for the material cost of the project per lineal foot basis. He suggested changing the wording on the sidewalk replacement application from “sidewalk” to “curb/sidewalk” to include curb replacement and to increase the amount of reimbursement.

President Friend addressed the fact that the current sidewalks can be dangerous. He mentioned to the Board to take notice of the new curb and sidewalk at the house on the corner of Fifth St. and Monroe St. The replacement at this location was a well completed job, and he would like to see more replacements just like this one.

Treasurer Eidenmiller stated the appropriation for sidewalk reimbursement is $5000.00. Dabney mentioned he already has about 3 prospects for the projects, and $5000.00 would most likely only cover four projects. Attorney McGrath stated the Ordinance would have to be modified.

Trustee Elmore moved, seconded by Trustee Watkins to direct Village Attorney McGrath to make changes to the Sidewalk Replacement Ordinance as recommended by Public Works Director Dabney. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

Village of Mackinaw Page 5 July 13, 2009

Trustee Peterson reminded the Board of the Sidewalk Committee Meeting to be held Thursday, July 16, 2009 at six p.m. at the Mackinaw Municipal Building.

MFT Bids: Dabney reported the low bid on the project was from R.A. Cullinan for the amount of $37,594.20.

Trustee Elmore moved, seconded by Trustee Watkins to accept the MFT proposal from R.A. Cullinan for $37, 594.20 and allow the Village President and Clerk to sign. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

E. PRESIDENT’S REPORT:

Verizon Wireless Cell Phone Accounts: President Friend mentioned his interest in combining cell phone contracts for Village employees to one bill, which could decrease the cost by one half of the current amount.

F. VILLAGE ATTORNEY’S REPORT:

Wind Energy: Village Attorney, Mark McGrath wanted the Village Board to think about wind energy. Treasurer Eidenmiller mentioned there may be a grant available to cover expenses such as land purchase and installation.

Ordinance Kerlin Stop Signs/Webster No Parking: According to Ordinance number 792 the temporary stop sign at Kerlin St. will be taken down, and No Parking signs will be enforced on Webster St.

Trustee Elmore moved, seconded by Trustee Peterson to accept Ordinance number 792. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

Ordinance Correcting Numbering of Appropriation Ordinance: Ordinance number 791 was created in order to amend the numbering of Ordinance number 790 to 791.

Trustee Elmore moved, seconded by Trustee DeChaney to accept Ordinance number 791. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

G. VILLAGE CLERK’S REPORT: Through a written report on file, prior Village Clerk, Lorrie Paxton, reported on the prior activities in the Village Office and committee meetings held.

Resolution #09-7; Destruction of Closed Session Audio Tapes:

Trustee Elmore moved, seconded by Trustee Watkins to accept Resolution #09-7. On a roll call, the vote was;

AYES: 5– Trustees DeChaney, Elmore, Peterson, Goings, and Watkins.

NAYS: 0

ABSENT: 1 – Trustee Rudin.

There being five affirmative votes, the motion carried.

Community Brochure Update: President Friend is interested in asking the Mackinaw Business Person’s Association to distribute the Community Brochures when they are completed.

Records Retention Project: Village Clerk Austen Wood reported the project entails a request to the state with a list of documents to be disposed. After receiving the approval, the documents will be burned by the Village of Mackinaw.

Village of Mackinaw Page 6 July 13, 2009

Solicitor/Peddler and Business Licensing: The Board tabled this item to be discussed further at the next Board meeting.

VII. NEW BUSINESS: Proposed corrections to the June 22, 2009 minutes have been submitted and will be put in Board packages.

VIII. ADJOURNMENT @ 10:05 P.M.: There being no further business to come before the Board,

Trustee Watkins moved, seconded by Trustee Elmore to adjourn, the motion carried.

I, Austen Wood, Village Clerk of the Village of Mackinaw, Illinois do hereby certify that the foregoing minutes are a true and correct copy of the regular meeting held on the above date, as the same appears on the records of the Village now in my custody and keeping.

Austen Wood, Village Clerk Posted:____________