Village of Cherry Valley Committee of the Whole met February 24

By Angelica Saylo Pilo

May 12, 2020

Village of Cherry Valley Committee of the Whole met Feb. 24.

Here is the minutes provided by the committee:

Village President Jim E. Claeyssen called the Committee of the Whole Meeting to order at 7:00 PM.

Roll call was taken by Deputy Village Clerk Heather Riley:

JIM ALSBURY PRESENT SALLY HOLLEMBEAK PRESENT

NANCY BELT PRESENT JEFF O’HARA PRESENT

JEFF FUSTIN PRESENT DAVID SCHROEDER PRESENT

JIM CLAEYSSEN PRESENT

Also present: Public Works Director Chuck Freeman, Attorney Jim Stevens, Attorney Roxanne Sosnowski, Sheri Kosmos C.E.S, Chief Robert Swank and Deputy Village Clerk Heather Riley.

ADOPT THE AGENDA:

Trustee Schroeder moved to adopt the agenda. Trustee O’Hara seconded. All “AYE;” None opposed. Motion carried by voice vote.

APPROVE THE COMMITTEE OF THE WHOLE MINUTES – February 10, 2020

Trustee Schroeder moved to approve the February 10, 2020 Committee of the Whole Meeting Minutes with one correction. Trustee O’Hara seconded. All “AYE;” None opposed. Motion carried by voice vote.

• Under FINANCE NEW BUSINESS the work calendar should say FEBRUARY not OCTOBER. Deputy Clerk Heather Riley will make the correction and place the minutes on file.

PUBLIC COMMENT: None.

ORDINANCE –CHAIRMAN TRUSTEE NANCY BELT.

CHAIRMAN’S REPORT: None.

UNFINISHED BUSINESS:

1. Trustee Belt stated that she is in favor of passing “An Ordinance Amending Chapter 26

– Businesses of The Village of Cherry Valley Code of Ordinances, to Prohibit Adult-Use Cannabis Business Establishments Within the Village of Cherry Valley” after seeing the problems that Rockford is having. Trustee Belt stated that Cherry Valley is a small family community and feels that the village should leave the sale of cannabis to the larger cities. Trustee Belt stated that she feels the money from the additional 3% tax would be used for the police department (over time) to hire more officers, and that the department already has enough to deal with; with DUI’s, domestic violence, and traffic issues. After additional discussion, Trustee Belt moved to send to the Village Board for approval “An Ordinance Amending Chapter 26 – Businesses of The Village of Cherry Valley Code of Ordinances, to Prohibit Adult-Use Cannabis Business Establishments Within the Village of Cherry Valley”. Trustee O’Hara seconded. Motion failed by 2 “AYE” and 4 “NAY” voice votes.

NEW BUSINESS:

1. After some discussion, Trustee Fustin moved to send to the Village Board for approval to waive the rules and to consider this a second and final reading to Amend Chapter 66 – Taxation, of the village’s Code of Ordinances to Impose a Municipal Cannabis Retailers’ Occupation Tax and an Ordinance allowing the Sale of Adult-Use Cannabis within designated areas/zoning districts in the Village of Cherry Valley. Trustee Schroeder seconded. All “AYE;” None opposed. Motion carried by voice vote.

2. After lengthy discussion, Trustee Fustin moved to send to the Village Board for approval for Attorney Stevens to amend our current Coin-Operated Amusement Devices Ordinance to allow an establishment that has 50 or more coin operated machines to apply for a permit that would allow them to swap out a machine(s) during their permit year at no additional cost. Trustee Schroeder seconded. 4 “AYES;” 2 “NAYS;” 1 “OBSTAIN”. Motion carried by voice vote.

PUBLIC WORKS – CHAIRMAN TRUSTEE JIM ALSBURY.

ENGINEER’S REPORT:

• Civil Engineer Sheri Kosmos stated that there is no report at this time.

UNFINISHED BUSINESS:

NEW BUSINESS:

1. Trustee Alsbury moved to send to the Village Board for approval of Public Works Employees Garrett Anderson and Austin Revolinski’s attendance at the American Water Works Association (AWWA) Conference on March 23, 2020 through March 26, 2020 in Springfield, IL at a cost of $450.00 for registration from line item 5195 Water, $903.12 for 3 nights lodging and a 3-day meal allowance of $300.00 from line item 5200 Water with a total amount of $1,653.12. Trustee Schroeder seconded. All “Aye;” None opposed. Motion carried by voice vote.

2. Trustee Alsbury moved to send to the Village Board for approval of the Design Engineering Agreement with Civil Engineering Services (C.E.S) of Belvidere, IL for the Swanson Park Path at a cost of $10,000.00 from Line Item 5095 Building & Grounds from the FY2020-2021 Budget. Trustee Belt seconded. Trustee Fustin stated that he does not believe that the Village should necessarily base their repairs off a calendar basis, and in this case he does not believe the Swanson Park Bike Path needs to be repaired at this time so he has decided to vote “NAY”. Motion carried by 6 “AYE” 1 “NAY” voice vote.

3. Trustee Alsbury moved to send to the Village Board for approval of Resolution 2020-04 for the use of Motor Fuel Tax Funds for the Swanson Park Path. Trustee O’Hara seconded. Motion carried by 6 “AYE” 1 “NAY” voice vote.

4. Trustee Alsbury moved to send to the Village Board for approval of the Design Engineering Agreement with Civil Engineering Services (C.E.S) for the Design Engineering for the Village Hall Parking Lot at a cost of $10,000.00 from line item 5095 Capital Improvements from the FY2020-2021 Budget. Trustee Hollembeak seconded. All “Aye;” None opposed. Motion carried by voice vote.

5. Trustee Alsbury moved to send to the Village Board for approval of the Design Engineering Agreement with Civil Engineering Services (C.E.S) for the Clayton street Drainage and Overlay Project at a cost of $7,00 from line 5095 Capital Improvements from the FY2020 – 2021 Budget. Trustee Hollembeak seconded. All “Aye;” None opposed. Motion carried by voice vote.

6. Trustee Alsbury moved to approve a three-year agreement for Veeam Renewal Back-up Software (for the village’s computer servers) at a cost of $807.53 from line item 5375 Capital Improvements. Trustee Schroeder seconded. A roll call vote was taken:

JIM ALSBURY AYE SALLY HOLLEMBEAK AYE

NANCY BELT AYE JEFF O’HARA AYE

JEFF FUSTIN AYE DAVID SCHROEDER AYE

JIM CLAEYSSEN AYE

Motion carried 6-0.

DIRECTOR’S REPORT:

1. Project Updates:

• Front doors at Village Hall will be completed once the part for the front doors arrives.

• Pump testing is weather pending. Should begin by the end of this week or beginning of next week.

• Chuck Freeman has an email in to ComEd regarding the Cherry Street streetlights.

2. Overtime report – Report placed on file.

CHAIRMAN’S REPORT: No Report.

EX-OFFICIO’S RECREATION BOARD REPORT:

• Skate night will be on Saturday February 29, 2020 from 6:30 – 8:30 PM.

• March 4, 2020 is the next Recreation Board Meeting.

PUBLIC SAFETY – CHAIRMAN TRUSTEE JEFF FUSTIN.

UNFINISHED BUSINESS:

3. Attorney Sosnowski explained to the committee what was laid out in the IGA for the 911 call center and what fees are associated with the agreement. Trustee Fustin moved to send to the March 3, 2020 Village Board for approval of a Resolution regarding an Inter-Governmental Agreement (IGA) with Winnebago County for the financial contribution to assist in funding of the County Public Safety Answering Point (PSAP) which provides call takin and dispatching of 911 calls. Trustee Hollembeak seconded. All “Aye;” None opposed. Motion carried by voice vote.

NEW BUSINESS: None.

CHIEF’S REPORT: None.

FINANCE – CHAIRMAN TRUSTEE JEFF O’HARA.

UNFINISHED BUSINESS: None.

NEW BUSINESS: None.

CHAIRMAN’S REPORT: None.

ADMINISTRATION REPORT: None.

PLANNING AND DEVELOPMENT –CHAIRMAN TRUSTEE DAVID SCHROEDER

UNFINISHED BUSINESS: None.

NEW BUSINESS: None.

PERSONNEL COMPENSATION & BENEFITS – CHAIRMAN TRUSTEE SALLY HOLLEMBEAK.

UNFINISHED BUSINESS: None.

NEW BUSINESS:

1. Trustee Hollembeak moved to send to the March 3, 2020 Village Board for approval to authorize Public Works Director Chuck Freeman to advertise for a Maintenance Worker 1 Position. Trustee Belt seconded. All “Aye;” None opposed. Motion carried by voice vote.

Trustee Hollembeak states PERSONNEL BENEFITS & COMPENSATION PASSES.

EXECUTIVE SESSION:

Village President moved that the Committee of the Whole go into Executive Session for the following reason:

(5 ILCS 120/2)(c)(11) (Pending Litigation) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.

(5 ILCS 120/2)(C)(1) (Personnel Matters) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Trustee Hollembeak seconded. A roll call vote was taken:

JIM ALSBURY AYE SALLY HOLLEMBEAK AYE

NANCY BELT AYE JEFF O’HARA AYE

JEFF FUSTIN AYE DAVID SCHROEDER AYE

JIM CLAEYSSEN AYE

Motion carried 6-0.

The Committee of the Whole was in Executive Session from 8:14 PM to 9:03 PM.

RECONVENE TO OPEN SESSION:

President Claeyssen reconvened the Committee of the Whole Meeting to Open Session at 9:04 PM. A roll call vote was taken:

JIM ALSBURY AYE SALLY HOLLEMBEAK AYE

NANCY BELT AYE JEFF O’HARA AYE

JEFF FUSTIN AYE DAVID SCHROEDER AYE

JIM CLAEYSSEN AYE