Village of Montgomery Village Board met July 13.
Here is the minutes provided by the board:
President Brolley called the meeting to order at 7:02 p.m.
Roll Call
Trustee Gier Yea Trustee Betsinger Yea
Trustee Sperling Yea Trustee Jungermann Yea
Trustee Lee Absent Trustee Marecek Yea
Also present: Administrator Jeff Zoephel, Attorney Laura Julien, Director of Community Development Rich Young, Director of Public Works Mark Wolf, Director of Finance Justin VanVooren, Engineer Peter Wallers, Chief of Police Phillip Smith, Clerk Penny Fitzpatrick, Members of the Press and others.
President Brolley noted the Board meeting was being held both in person with social distancing and virtually streamed due to COVID-19 restrictions. He shared Governor Pritzker permitted open meetings to be held in this manner during the pandemic emergency. Trustee Sperling was present for the meeting remotely via zoom video conference.
Public Participation
A. Public Comments.
President Brolley inquired and Administrator Zoephel clarified no Public Comments were received for the meeting.
Consent Agenda
A. Minutes of the Village Board Meeting of June 22, 2020.
B. Building Report for June 2020.
C. Accounts Payable through July 9, 2020 in the Amount of $1,683,436.95.
D. Cancellation of the July 21, 2020 Committee of the Whole Meeting.
Trustee Jungermann moved to approve Items A-D of the Consent Agenda. Trustee Marecek seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Betsinger, Trustee Gier and Trustee Sperling voting yea.
Items for Separate Action
A. 2020 Pavement Management Study Report.
Engineer Wallers noted the final 2020 Pavement Management Study Report was submitted for approval with one addition to the program. He requested approval of the updated final plan and budget at this time. President Brolley inquired and Engineer Wallers discussed the timeframe for when the expected program design would be completed.
Trustee Betsinger inquired whether this municipal project would experience any impact due to the Governor’s recent enactment of the Illinois Preference Act, requiring contracting crews to be comprised of 90% Illinois laborers on state funded public works projects. Engineer Wallers noted he did not anticipate concerns with this change and advised the contract documents for this program would be modified to accommodate this new requirement. He further shared pavement rejuvenation and preservation bids from contractors in Wisconsin would be closely monitored by staff.
Trustee Marecek moved to approve the 2020 Pavement Management Study Report. Trustee Gier seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
B. Waiver of Bid for the Purchase of a GMC Medium Duty Truck for Public Works.
Director Wolf summarized this request to purchase a new vehicle for Public Works. He explained the short and long term need for this additional vehicle and advised that a surplus vehicle would be auctioned off at a later date, once it was no longer needed by the seasonal Public Works employees. He noted this new truck would be purchased from Coffman GMC Truck Sales and would have plowing equipment and a utility cab added to it. Director Wolf summarized the overall cost for this vehicle and equipment came in under the budgeted amount and noted two other Public Works vehicles budgeted for this year would not be purchased at this time. He requested approval for this wavier of bid for the purchase of this new truck.
Trustee Jungermann inquired and Director Wolf advised the timeframe outlining when this vehicle could be purchased, up fitted and put into service as soon as possible. Trustee Sperling asked and Director Wolf shared the expected lead time needed to order and install the additional equipment requested for this vehicle from Monroe Truck Equipment Inc. in Joliet, IL.
Trustee Marecek moved to approve the Waiver of Bid for the Purchase of a GMC Medium Duty Truck for Public Works. Trustee Jungermann seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
C. Waiver of Bid and Award of a Contract for Street Striping.
Director Wolf summarized this request for a Street Striping Maintenance Contract with Preform Traffic Control Systems, LTD and noted this contract offered competitive pricing similar to that received by the Kane County Transportation Division. He shared the contractor had done an excellent job completing street striping work, traffic control and scheduling for the Village in past, was very familiar with the area and was favorable to work with. Director Wolf requested Board approval for this Waiver of Bid and Award of a Contract for Street Striping.
Trustee Jungermann shared concerns with making crosswalks near Lakewood Creek Elementary School more visible and well-marked. Director Wolf noted staff would work with Engineer Wallers to evaluate and consider how to provide better signage to delineate the four crosswalks in question. Trustee Betsinger questioned when this contract was last put out for competitive bids and requested that the vendor pricing be confirmed to be sure the best price point for the street striping service was being received. President Brolley shared he was in support of this request as long as comparative pricing information was confirmed and the Kendall County portion of Montgomery was subject to the same contract pricing benefits.
Trustee Gier moved to approve the Waiver of Bid and Award of a Contract for Street Striping. Trustee Marecek seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Jungermann, Trustee Marecek and Trustee Betsinger voting yea.
D. Professional Services Agreement with Engineering Enterprises Inc. for Design and Construction Engineering for Waubonsee Creek Shared Use Path.
Director Wolf shared staff had been working to increase sidewalk and bike path connectivity throughout the Village. He noted this agreement addressed the Waubonsee Creek Shared Use Path and would connect the Gilman Trail to the Montgomery Library District Campus and the Route 30 sidewalk. He shared the Village was awarded a grant from Kendall County for completion of this path, explained the two potential path routes being considered and also outlined the estimated project scope, cost and schedule for this work. Director Wolf noted when the design engineering and bidding for the project would take place and shared that construction was scheduled for October 2020. He requested approval for this professional services agreement for the contract amount discussed.
President Brolley inquired and Director Wolf and Engineer Wallers addressed that funding for the path construction was budgeted for this year and the final project landscaping was expected to be completed by May or June 2021. Trustee Jungermann thanked staff for the shared use path connectivity and commented that Fairfield and Foxmoor residents were pleased to see work progressing on the path from their neighborhood to the Stuart Sports Complex. President Brolley inquired and Engineer Wallers clarified staff was working with ComEd to finalize the agreement and final project approval regarding the connection to the Fairfield/Foxmoor path.
Trustee Betsinger moved to approve the Professional Services Agreement with Engineering Enterprises Inc. for Design and Construction Engineering for Waubonsee Creek Shared Use Path. Trustee Jungermann seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Betsinger, Trustee Gier, Trustee Sperling, Trustee Jungermann and Trustee Marecek voting yea.
E. Resolution 2020-015 Authorizing a Stationary Food Vendor License.
Director Young summarized this resolution request for two Stationary Food Vendor Licenses. He noted the vendors requesting license renewals were Primos Tacos at a new location at 1460-1490 Douglas Road and Taco Grill and Salsa Bar in the Ogden Hill Shopping Center near Menards. He noted staff recommended approval for both of these temporary food vendor licenses and requested Board approval for this resolution.
President Brolley questioned and Director Young clarified that a fee applied to each these food vendor license renewals. Trustee Marecek noted concern that Primos Tacos would be moving across the street from the La Chiquita Taqueria Restaurant on Douglas Road, providing direct competition to this established business.
Trustee Betsinger moved to approve Resolution 2020-015 Authorizing a Stationary Food Vendor License. Trustee Gier seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Betsinger, Trustee Gier, Trustee Sperling, Trustee Jungermann and Trustee Marecek voting yea.
F. Resolution 2020-018 Ratifying Executive Order 2020-03.
Administrator Zoephel noted this resolution rescinded previous Executive Order 2020-02, which waived the water billing late and online fees due to the pandemic. He noted staff recommended charging these fees again going forward and requested Board approval to ratify this resolution request. President Brolley thanked Administrator Zoephel and Attorney Julien for their work on this item.
Trustee Jungermann moved to approve Resolution 2020-018 Ratifying Executive Order 2020-03. Trustee Gier seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Betsinger, Trustee Gier and Trustee Sperling voting yea.
G. Ordinance 1881 Amending the Village Code (Chapter 12 – Offenses – Miscellaneous) (First Reading).
President Brolley noted this was First Reading of Ordinance 1881 and shared this item would not be voted on this evening. Administrator Zoephel noted resident complaints had been received regarding children swimming in local ponds and retention basins. He shared staff was advised that a Village Ordinance would need to be adopted to be able to post signs prohibiting swimming in these areas and subsequently be able to enforce these code restrictions. He asked for Board feedback on whether or not they wanted to restrict swimming or other recreational activities in local ponds and basins.
Trustee Jungermann inquired how No Trespassing Signs were intended to be enforced in the Lakewood Creek West subdivision basins, which are privately owned and maintained. Chief Smith discussed the procedure and protocol involved to warn an individual if he/she were trespassing on private property and explained that they could be arrested if they failed to leave the area after being warned. Board discussion was had on whether enforcement would be handled differently on private versus publicly owned property in regard to trespassing, fishing and swimming restrictions. Attorney Julien summarized the proposed ordinance could specifically be tailored to work cooperatively with privately owned basins and to also abide by the rules and restrictions set forth by the Illinois Department of Natural Resources. She explained signs restricting recreational activities could be posted at the basins where enforcement was needed. President Brolley suggested signs be posted prohibiting swimming or bathing in all of the basins as they were not designed for that use.
Trustees Jungermann and Sperling shared concerns with protecting the naturalized areas surrounding the basins and asked if specific trails or fishing areas near these private and publicly owned basins should be determined and specifically marked for use. Trustee Betsinger suggested that a naturalist expert be consulted to recommend which recreational opportunities should be allowed or restricted in these basin areas. President Brolley summarized that prohibiting swimming or bathing in the basins was the concern being explored at this time and he supported allowing residents to be able to fish in the naturalized creek and basin areas.
Trustee Marecek agreed that swimming restrictions should be enforced in the Village-owned basins. Attorney Julien noted privately owned basins could post signs to prohibit swimming and an agreement could be drafted with the Village to be able to enforce the swimming ordinance restrictions in these areas. President Brolley reiterated that this was First Reading for this item and asked staff to consult with the naturalist suggested and the maintenance landscaper for these areas, Pizzo & Associates, Ltd., to determine what recreational activities should be permitted or restricted. Attorney Julien also suggested that the Illinois Department of Natural Resources be consulted in regard to what fishing guidelines and restrictions applied to these naturalized areas. President Brolley concluded that this item would come back for further discussion and action at a future meeting.
H. Resolution 2020-016 Authorizing a Forgivable Loan for F & C Industries.
Director Young shared this request was reviewed by the Montgomery Development Fund Committee and recommended for a forgivable loan for F & C Industries to have roofing work completed. He requested Board approval for this resolution.
Trustee Gier moved to approve Resolution 2020-016 Authorizing a Forgivable Loan for F & C Industries. Trustee Betsinger seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Jungermann, Trustee Marecek and Trustee Betsinger voting yea.
I. Resolution 2020-017 Authorizing a Forgivable Loan for Atrevete Confections.
Director Young summarized this resolution requesting authorization for a forgivable loan for the addition of an outdoor patio café area, additional equipment and façade improvements for Atrevete Confections. He shared staff and the Montgomery Development Fund Committee recommended approval of this request.
President Brolley inquired and Director Young confirmed that the petitioner would have to secure approval from the building owner to be able to move forward with these improvements. President Brolley asked and Director Young and Attorney Julien addressed how these forgivable loan funds would recovered if the petitioner went out of business. Trustee Betsinger asked and Director Young clarified the business owner would be responsible for repayment of this forgivable loan in the event of a default. President Brolley shared support for this request as it improved an existing building and business in the community.
Trustee Gier moved to approve Resolution 2020-017 Authorizing a Forgivable Loan for Atrevete Confections. Trustee Jungermann seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Jungermann, Trustee Marecek and Trustee Betsinger voting yea.
Items for Discussion
No Items for Discussion were shared.
New or Unfinished Business
Trustees Gier, Jungermann and Marecek thanked Tyler Bachman from WSPY News for his past work reporting on Village business and congratulated him on his upcoming new career endeavor. Trustee Marecek thanked staff, MEDC Executive Director Charlene Coulombe-Fiore and local banks for their instrumental work and partnership in securing seven million dollars in Paycheck Protection Program Loans to provide financial assistance to local businesses struggling during the pandemic. President Brolley thanked everyone for their attendance at this combined in person and virtually streamed zoom meeting. He thanked staff for their efforts and noted future Board meetings would likely be held in a similar manner as the pandemic conditions continued.
Future Meetings
A. Historic Preservation Commission – Monday, July 20, 2020 at 6:30 p.m. – (Canceled).
B. Committee of the Whole Meeting – Tuesday, July 22, 2020 at 7:00 p.m. – (Canceled).
C. Intergovernmental Committee Meeting – Monday, July 27, 2020 at 6:00 p.m. (Canceled).
D. Village Board Meeting – Monday, July 27, 2020 at 7:00 p.m.
Executive Session: None
Adjournment: 7:52 p.m.
Seeking no further business to come before the Board, it was moved by Trustee Jungermann and seconded by Trustee Marecek to adjourn the meeting.
4 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Betsinger and Trustee Gier voting yea.
https://ci.montgomery.il.us/AgendaCenter/ViewFile/Minutes/_07132020-469
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