East Central Reporter

Village of Montgomery Board of Trustees met May 13.

Here are the minutes provided by the board:

I. President Matt Brolley called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance.

II. Roll Call

Trustee Matt Bauman Yea

Trustee Steve Jungermann Yea

Trustee Ben Brzoska Yea

Trustee Doug Marecek Yea

Trustee Dan Gier Yea Trustee

Theresa Sperling Absent

Village Clerk Debbie Buchanan Yea

Also present: Village Administrator Jeff Zoephel, Attorney Laura Julien, Director of Community Development Sonya Abt, Director of Public Works Mark Wolf, Director of Finance Jennifer Milewski, Chief of Police Phil Smith, Engineer Pete Wallers, Engineer Chris Ott, Assistant Village Administrator Meghan Ostreko, Manager Kristina Nemetz, Members of the Press and guests.

III. Public Participation

A. Swearing in of Police Officers Reese Peter and Johnathan Doyle.

Chief Phil Smith introduced new officers Reese Peter and Johnathan Doyle after which they were sworn into office and received their badges.

B. Officer Recognition – Bryan O’Neil.

Chief Smith presented an award to Officer Bryan O’Neil who responded to a call for assistance, administered CPR and saved a life.

C. Proclamation for National Police Week (May 12th– 18th).

President Brolley read the proclamation, after which Trustee Marecek motioned to approve, seconded by Trustee Jungermann. Motion carried by voice vote.

D. Proclamation for National Public Works Week (May 19th – May 25th). President Brolley read the proclamation, after which Trustee Gier motioned to approve, seconded by Trustee Marecek. Motion carried by voice vote.

E. Public Comment. - None

IV. Consent Agenda

A. Minutes of the April 22nd, 2024 Village Board Meeting.

B. Accounts Payable through May 13th in the Amount of $1,094,121.73.

C. Accounts Receivables Report for April 2024.

D. Water Production Report for April 2024.

E. Community Development Monthly Report for April 2024.

F. Proclamation for Motorcycle Awareness Month (May).

Trustee Bauman moved to approve Items A-F of the Consent Agenda, seconded by Trustee Brzoska.

5 Yea. 0 No. Motion carried. Trustee Bauman, Trustee Jungermann, Trustee Marecek, Trustee Brzoska and Trustee Gier voting yea.

V. Items for Separate Action

A. Ordinance 2078 Amending Village Code Section 6-21 (Placement of Mailboxes within Public Rights-Of-Way and Easements) (Second Reading).

Administrator Zoephel clarified that reimbursements are being increased to $200 if mailboxes are damaged by thrown snow and $500 if struck by a Village vehicle. After a lengthy discussion, President Brolley asked Director Abt to survey other communities to see if they issue permits for brick mailboxes. Trustee Gier pointed out that the Village Code says mailboxes built out of stone or concrete are not eligible for reimbursement if damaged. It was agreed to update the reimbursement amount tonight and amend the Village Code later regarding permitted materials after further discussion.

Trustee Jungermann moved to approve Ordinance 2078 Amending Village Code Section 6-21 (Placement of Mailboxes within Public Rights-Of-Way and Easements) (Second Reading), seconded by Trustee Bauman.

5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Brzoska, Trustee Gier and Trustee Bauman voting yea.

B. Resolution 2024-018 Authorizing the Execution of an Intergovernmental Agreement Providing for the Sharing of Costs and Funding for the Construction of Facilities to Transport Lake Michigan Water to the Village of Oswego, United City of Yorkville, and Village of Montgomery.

Administrator Zoephel shared that mayors and administrators of the three communities have been meeting and have agreed on a cost share for each community based on the length of the pipeline and how much each community will use the pipeline. Montgomery’s share has been set at 24.42% of construction costs based on the new route going down the ComEd right of way. He also noted that the Phase II Engineering fees had originally been split in thirds but will be redivided based on this new allocation percentage. Trustee Jungermann expressed concerns at how costs have increased since the project was first discussed and asked how the Village will pay for it. President Brolley reviewed that it is a massive project and will be funded by fees set by the water rate study, loan funds and bonds.

Trustee Marecek moved to approve Resolution 2024-018 Authorizing the Execution of an Intergovernmental Agreement Providing for the Sharing of Costs and Funding for the Construction of Facilities to Transport Lake Michigan Water to the Village of Oswego, United City of Yorkville, and Village of Montgomery, seconded by Trustee Bauman.

5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Bauman and Trustee Jungermann voting yea.

C. Award of Contract to Patriot Pavement Maintenance in the amount of $22,238.88 for the 2024 Sealcoating Program.

Engineer Ott stated the Village sealcoats paths on a five-year cycle, based on inspections. This year bike paths along Simpson Parkway and Foxmoor will be sealcoated. Patriot was the low bidder.

Trustee Gier moved to approve Award of Contract to Patriot Pavement Maintenance in the amount of $22,238.88 for the 2024 Sealcoating Program, seconded by Trustee Marecek.

5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

D. Approval of a Professional Services Agreement with Engineering Enterprises, Inc. in the amount of $357,636.00 for Design Engineering for the 2025 Water Main Replacement Program – Montgomery Road Area.

Director Wolf summarized this work is part of the plan for reducing non-revenue water loss. Due to the large size of the 2025 project, it is being split into three contracts and this is the first contract. The other two are in Boulder Hill. Montgomery Road involves permitting with IDOT and Kane County so it will take more time to be ready to bid in January.

Trustee Gier moved to approve Professional Services Agreement with Engineering Enterprises, Inc. in the amount of $357,636.00 for Design Engineering for the 2025 Water Main Replacement Program – Montgomery Road Area, seconded by Trustee Brzoska.

5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

E. Resolution 2024-017 Accepting a Grant of Easement for Compensatory Storage (Montgomery Park).

Director Wolf explained that as part of the Montgomery Park project some fill was brought in so now there is a need to create compensatory storage. The plan is to excavate to create a potential storage basin/swale just north of the pavilion to make up for what was filled in at the park.

Trustee Marecek moved to approve Resolution 2024-017 Accepting a Grant of Easement for Compensatory Storage (Montgomery Park), seconded by Trustee Gier.

5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Bauman and Trustee Jungermann voting yea.

F. Rejection of Previously Awarded Bid to Wachs Water Services a Division of Xylem in the amount of $27,126.00 for the Fiscal Year 2025 Annual Village-Wide Leak Survey. Director Wolf stated the contractor has asked to withdraw from the contract as they are unable to fulfill it. Xylem recently acquired Wachs and is not prepared to perform work in this area. Instead, staff recommend using ME Simpson who has worked for the Village many times in the past. Trustee Gier said there should be a penalty for this, such as they can’t bid for 1-2 years.

Trustee Gier moved to Reject Previously Awarded Bid to Wachs Water Services a Division of Xylem in the amount of $27,126.00 for the Fiscal Year 2025 Annual Village-Wide Leak Survey, seconded by Trustee Bauman.

5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

G. Award of Contract to ME Simpson Co. In the Amount of $34,935.00 for the Fiscal Year 2025 Annual Village-Wide Leak Survey.

Trustee Marecek moved to approve Award of Contract to ME Simpson Co. In the Amount of $34,935.00 for the Fiscal Year 2025 Annual Village-Wide Leak Survey, seconded by Trustee Gier.

5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Bauman and Trustee Jungermann voting yea.

H. Award of Contract to Artlip & Sons Inc. in the Amount of $47,560.00 for the Police Department Roof Top Unit #2 Replacement.

Director Wolf said due to age and change in refrigerant this unit needs to be replaced, as it is only running at 50%.

Trustee Gier moved to approve Award of Contract to Artlip & Sons Inc. in the Amount of $47,560.00 for the Police Department Roof Top Unit #2 Replacement, seconded by Trustee Marecek.

5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

I. Ordinance 2079 Amending Village Code Section 3-9 to Grant a Class G Liquor License (Taqueria Los Comales – 1587 Douglas Road) (Waiver of First and Passage on Second Reading).

Director Abt reviewed that in March Los Comales had requested a liquor license, has completed all paperwork and background checks and the license is ready to issue.

Trustee Jungermann moved to approve Ordinance 2079 Amending Village Code Section 3-9 to Grant a Class G Liquor License (Taqueria Los Comales – 1587 Douglas Road) (Waiver of First and Passage on Second Reading), seconded by Trustee Gier.

5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Brzoska, Trustee Gier and Trustee Bauman voting yea.

J. Resolution 2024-014 Amending and Restating the Village of Montgomery’s Investment Policy in Accordance with the Public Funds Investment Act.

Director Milewski reviewed that the policy was last updated in 2018. It has been updated now for best practices, to allow the Village to sell investments early and to add other depositories.

Trustee Gier moved to approve Resolution 2024-014 Amending and Restating the Village of Montgomery’s Investment Policy in Accordance with the Public Funds Investment Act, seconded by Trustee Brzoska.

5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

K. Resolution 2024-015 Authorizing the Execution of an Intergovernmental Property Tax Abatement Agreement (KCS Montgomery, LLC and DRE Chicago, Inc.). Director Abt said the Village has been working on this agreement for a while, and the other parties to the IGA have agreed to this form. President Brolley thanked staff and the other districts for working on this. Trustee Bauman thanked the school district personnel for sitting down and communicating to work out this agreement. Director Abt clarified that the County and Fire District are not parties to it.

Trustee Marecek moved to approve Resolution 2024-015 Authorizing the Execution of an Intergovernmental Property Tax Abatement Agreement (KCS Montgomery, LLC and DRE Chicago, Inc.), seconded by Trustee Bauman.

5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Bauman and Trustee Jungermann voting yea.

L. Ordinance 2080 Annexing Certain Real Property into the Village of Montgomery Pursuant to 65 ILCS 5/7-1-9 (Waiver of First and Passage on Second Reading). Director Abt reviewed that these two parcels were purchased for the Montgomery Overflow project. They are contiguous to the Village, so this Ordinance would annex them into Montgomery.

Trustee Jungermann moved to approve Ordinance 2080 Annexing Certain Real Property into the Village of Montgomery Pursuant to 65 ILCS 5/7-1-9 (Waiver of First and Passage on Second Reading), seconded by Trustee Bauman.

5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Brzoska, Trustee Gier and Trustee Bauman voting yea.

M. Resolution 2024-016 Authorizing the Sale of Certain Vacant Property (Generally Located on Aucutt Road – Part of PINs 15-31-326-022 and 15-31-320-025).

Director Abt explained this is also related to the Overflow project. This property is no longer needed and the Village would like to be able to sell the land.

Trustee Bauman moved to approve Resolution 2024-016 Authorizing the Sale of Certain Vacant Property (Generally Located on Aucutt Road – Part of PINs 15-31-326-022 and 15-31-320-025), seconded by Trustee Jungermann.

5 Yea. 0 No. Motion carried. Trustee Bauman, Trustee Jungermann, Trustee Marecek, Trustee Brzoska and Trustee Gier voting yea.

N. Approval of Purchase of Five Squad Car Replacements from Sutton Ford for a Total Amount of $223,490.00.

Chief Smith clarified this is the purchase of five vehicles based on State bid. This cost is for the vehicles only, not additional equipment.

Trustee Bauman moved to approve the Purchase of Five Squad Car Replacements from Sutton Ford for a Total Amount of $223,490.00, seconded by Trustee Gier.

5 Yea. 0 No. Motion carried. Trustee Bauman, Trustee Jungermann, Trustee Marecek, Trustee Brzoska and Trustee Gier voting yea.

VI. Items for Discussion

A. Continued Discussion on Liquor License Request for The Influence Event Suite at 285 Montgomery Road.

Director Abt reviewed the types of possible liquor licenses for the business, depending on whether the Village determines it qualifies as a public or private facility. After discussion, President Brolley summarized the consensus of the Board that for now the Village will regard it as operating as a private facility that doesn’t need a license, but in the future, they could come back for a license if they want to be able to sell alcohol or offer it to the public.

VII. New or Unfinished Business

VIII. Future Meeting Schedule

A. Historic Preservation Commission – Monday, May 20th, 2024 at 6:30P.

B. Committee of the Whole – Tuesday, May 21st, 2024 at 7:00P.

C. Intergovernmental Committee – Tuesday, May 28th, 2024 at 6:00P – CANCELLED.

D. Village Board Meeting – Tuesday, May 28th, 2024 at 7:00P.

*Note: Item H is scheduled for Tuesday due to Village Hall being closed for Memorial Day.

IX. Executive Session:

X. Adjournment: 9:06 p.m.

Trustee Jungermann moved to adjourn the meeting. Trustee Gier seconded this motion.

5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Brzoska, Trustee Gier and Trustee Bauman voting yea.

https://www.montgomeryil.org/AgendaCenter/ViewFile/Agenda/_05282024-685