Minutes of the Regular Meeting of the Gurnee Village Board - August 6, 2012

 

MINUTES OF THE REGULAR MEETING

OF THE GURNEE VILLAGE BOARD

 

GURNEE VILLAGE HALL

AUGUST 6, 2012

 

Call to Order

Mayor Kovarik called the meeting to order at 7:30 p.m.

 

Other Officials in Attendance

Patrick Muetz, Village Administrator; David Ziegler, Assistant Village Administrator/Community Development Director; Bryan Winter, Village Attorney; Erik Jensen, Management Analyst; Diane Lembesis, Finance Director, Tom Rigwood, Director of Public Works; Scott Drabicki, Village Engineer, Christine Palmieri, Human Resources Director; Chief Fred Friedl, Fire Chief; Kevin Woodside, Police Chief; Jennifer Sleyko, Management Intern

 

Roll Call

PRESENT:       6- Morris, Schwarz, Ross, Park, Garner, Balmes

ABSENT:         0-  None

 

Pledge of Allegiance

 

Mayor Kovarik led the Pledge of Allegiance.

 

A,  PUBLIC COMMENT

 

Jessica Mitchell
851 Bingham Court
Gurnee, IL

Jessica Mitchell stated she attended tonight’s meeting in support of the ordinance banning the non-commercial use of fertilizers containing phosphorus.

 

B.  APPROVAL OF CONSENT AGENDA

It was moved by Trustee Balmes, seconded by Trustee Ross to approve the Consent Agenda as presented.

 

Roll call,

AYE:                6- Morris, Schwarz, Ross, Park, Garner, Balmes

NAY:                0- None

ABSENT:          0- None

Motion Carried.

 

C. CONSENT AGENDA / OMNIBUS VOTE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Village Administrator read the consent agenda for an omnibus vote as follows:

 

  1. Approval of the minutes from the July 2, 2012, July 16, 201,2 and July 23, 2012, Village Board meetings.

 

  1. Approval of Ord. 2012-68 adopting by reference the Lake County Watershed Development Ordinance as amended.

 

  1. Approval of Ord. 2012 -69 approving the terms of an Intergovernmental Agreement for Woodland District #50 School Resource Officer.

 

  1. Approval of a fireworks permit for the 2012 Gurnee Days event.

 

  1. Approval of Payroll for period ending July 14, 2012, in the amount of $720,244.88.

 

  1. Approval of Payroll Transfer Journal for period ending July 14, 2012, in the amount of $713,464.59.

 

  1. Approval of Payroll for period ending July 28, 2012, in the amount of $693,500.65.

 

  1. Approval of Payroll Transfer Journal for period ending July 28, 2012, in the amount of $686,238.86.

 

  1. Approval of Bills for the period ending August 6, 2012, in the amount of $1,145,011.80.

 

It was moved by Trustee Balmes, seconded by Trustee Park to approve the Consent Agenda for an omnibus vote as read.

 

 

Roll call,

AYE:                6- Morris, Schwarz, Ross, Park, Garner, Balmes NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

 

D.  PETITIONS AND COMMUNICATIONS

 

1.Approval of Proclamation honoring James and Johanna Blockinger for being selected the 2012 Gurnee Days Honorees.

 

Mayor Kovarik read the proclamation into record.

 

It was moved by Trustee Balmes, seconded by Trustee Ross to approve the Proclamation honoring James and Johanna Blockinger for being selected the 2012 Gurnee Days Honorees.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

2. Approval of Proclamation designating August 5-11, 2012, as “National Stop on Red” Week.

 

Mayor Kovarik read the proclamation into record.

 

It was moved by Trustee Schwarz, seconded by Trustee Park to approve the Proclamation designating August 5-11, 2012, as “National Stop on Red” Week.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

E.  REPORTS

 

Village Administrator Muetz informed the Board that Clarke Environmental Management will be conducting a community-wide mosquito abatement treatment tonight through tomorrow morning.  This spraying will be the first community-wide treatment of the season.  In addition, Clarke will be treating Viking Park in anticipation of this weekend’s Gurnee Days Event. 

 

F. OLD BUSINESS

 

None.

 

G.  NEW BUSINESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. Approval of Ord. 2012 -70 amending the Municipal Code of the Village of Gurnee by adding Article III, Chapter 86 entitled “Fertilizer Containing Phosphorus.”

 

      Village Administrator Muetz gave an overview stating a WTHS student expressed concern regarding fertilizer containing phosphorus.  She requested the Village ban such fertilizer.  Staff researched the impacts of this action and found phosphorus could have a negative impact on bodies of water. As a result, efforts have been focused on reducing the amount of phosphorus introduced into the lakes, rivers, and streams.  A large component of this effort has been to focus on fertilizer containing phosphorus.

 

      The ordinance being presented to the Board prohibits the use of phosphorus fertilizer on lawns, but does not apply to gardens, phosphorus-deficient areas, or agricultural operations.    It also requires stores that sell fertilizer containing phosphorus to install signage near the product that indicates the Village bans the application of the product on any lawn or turf area.

 

      Trustee Garner asked if the ban included services such TruGreen Chemlawn and if they remove phosphorus from their products. Village Engineer Drabicki stated that all the commercial applicators are already on board with the ban. 

 

      Trustee Morris asked if the Village has talked to the Park District and Township. Village Engineer Drabicki stated we haven’t talked to the Park District or Township but have talked to the golf course.  Their phosphorus use is primarily for germinating new growth.  Trustee Morris asked if the golf course would be exempt from the ordinance.  Village Engineer Drabicki stated they are not exempt but would have to prove the need for phosphorus use through soil testing.  Homeowners can request the same type of soil testing to determine if there is a deficiency that requires use of phosphorus.

 

 It was moved by Trustee Balmes, seconded by Trustee Ross to approve Ord. 2012 amending the Municipal Code of the Village of Gurnee by adding Article III, Chapter 86 entitled “Fertilizer Containing Phosphorus.”

 

Roll call,

AYE:                6- Morris, Schwarz, Ross, Park, Garner, Balmes NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

  1. Approval of Res. 2012-13 approving a settlement for the construction of the Heroes of Freedom Memorial.

 

Village Administrator Muetz gave an overview stating the Trustees were provided with the following documents for review:  a copy of the settlement agreement, a memo from Community Development Director/Assistant Administrator David Ziegler, an estimate from General Contractor J.J. Henderson, a letter from Township Supervisor Sue Simpson and a letter from Village Attorney Bryan Winter explaining his role in the process.  Trustees were encouraged to contact Ellen Emery of Ancel-Glink with any questions prior to the meeting.

 

Trustee Garner asked how we went from a charitable organization building the memorial to a court order where the Village is solely responsible for building the memorial.  Trustee Winter stated at this point, the Board is considering the settlement proposal and because it’s still a pending litigation matter, Trustee Garner’s questions should be discussed with the attorneys handling this assignment. He further stated the purpose of tonight’s meeting is for the Board to determine whether they are going to approve or disapprove the settlement.   Trustee Garner then asked if his question was answered.  The Mayor stated “no” and Village Attorney Winter emphasized if there were still outstanding questions, Executive Session was an option.  Trustee Garner stated the Board doesn’t have enough information to vote on the resolution and wanted to know how the Board came to this decision.  The Mayor asked Trustee Garner if he contacted Ancel-Glink and Trustee Garner stated he did contact them and asked for their attendance at this meeting.   The Mayor stated if we go into Executive Session regarding this matter, Ancel-Glink will make themselves available.

 

It was moved by Trustee Schwarz, seconded by Trustee Balmes to approve Res. 2012-13 approving a settlement for the construction of the Heroes of Freedom Memorial.

 

Attorney Winter clarified the resolution to the Board and the implications of their vote regarding the settlement.  Trustee Garner asked if they vote “no,”  would the Board be in contempt of court.  Attorney Winter stated procedurally, with this type of order, the court still has jurisdiction at this point in time.   The outcome of the vote would have to be reported to the court. Trustee Garner then asked Attorney Winter if he knows what happens if the Board votes “no.”  Attorney Winter stated the attorneys handling the litigation on behalf of the Village will advise the judge they did not receive approval for the settlement agreement and would seek to vacate the last order entered in this matter.

 

Roll call,

AYE:                0- None

NAY:                4- Schwarz, Ross, Park,  Balmes

ABSENT:          0- None

ABSTAIN:         2-Morris, Garner

Resolution Fails.         

 

H.  PUBLIC COMMENT

 

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Cindy Seng
32760 N. River Road
Libertyville, IL

 

Cindy Seng addressed the Board giving a history of her involvement with the project from the beginning.  She stated Kirk Morris took the Village to court to recover his fees so he could take the monument to another place.  She doesn’t think tonight’s vote will make a difference.  She believes that project would bring visitors to Gurnee and asked the Board to give it a chance.

 

Beverly Perlson
3615 Blue Ridge Ct.
Aurora, IL

 

Beverly Perlson reflected on PFC Geoffrey Morris’ ultimate sacrifice, as well as the other Gurnee soldiers who gave their lives and expressed her concern regarding the Board’s “no” vote.    She stated there are things more important than money and believes the monument will go forward with or without the Board’s support.

 

Closing Comments

None.

 

Adjournment

It was moved by Trustee Balmes seconded by Trustee Park to adjourn the meeting.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

Mayor Kovarik adjourned the meeting at 7:50 p.m.

 

Donna R. Dallas
Deputy Clerk