Village of Cary Committee of the Whole met July 18.
Here is the minutes as provided by the committee:
I. Call to Order
This meeting was called to order at 7:30 pm by Mayor Kownick.
II. Roll Call
Present: Mayor Kownick and Trustees Betz, Covelli, Weinhammer, Kraus, McAlpine and Cosler.
Absent: None
Others present included Village Administrator Rife, Village Clerk Rhodes, Community Development Director Simmons, Public Works Assistant Director Walsh, Police Chief Finlon, Village Attorney Simon and members of the audience per the sign-in sheet.
III. Pledge of Allegiance
Mayor Kownick led in the recitation of the Pledge of Allegiance.
IV. Public Comments There being no comments from the public, Mayor Kownick closed Public Comments at 7:31 pm
V. Discussion Regarding the Village's Electrical Aggregation Program
Discussion
Administrator Rife reviewed the history of the electrical aggregation program and stated the Village's agreement with Constellation Energy will expire later this year. Administrator Rife stated the Village evaluated pricing and it was determined the Village could not beat the ComEd base rate. Administrator Rife stated the program would be suspended and reevaluated in the future.
VI. Public Hearing - Consider Approval of a Variance for a Wall Sign for Kojak's Inc. for the Property Located at 700 Northwest Highway.
Discussion
Director Simmons provided background on the request for a sign variance.
The petitioner, Carrie Shuppe, 840 Wild rose, Cary was sworn in by Attorney Simon. Ms. Shuppe noted the proposed sign was not larger than other signs on the building façade.
There was no further discussion on the item from members of the Board.
Mayor Kownick stated this item will be included as a Consent Agenda item for the next Village Board Meeting.
VII. Consider Approval of the Application for Outdoor Seating at Food and Drink Establishments that serve Alcohol - Kojak's Inc. Restaurant (700 W. Northwest Highway)
Discussion Director Simmons provided an overview of the request.
There was no further discussion on the item from members of the Board.
Mayor Kownick stated this item will be included as a Consent Agenda item for the next Village Board Meeting.
VIII. Discussion Regarding a Fagade Grant for Kojak's Inc. Restaurant (700 W Northwest Highway)
Discussion Director Simmons provided background on the request for the façade grant request.
Mayor Kownick stated his concern with a façade grant item on the agenda as the Village Board had agreed to a moratorium on façade grant requests. Administrator Rife stated the petitioner had inquired previously about the grant and was informed of the Village Board's direction. The Petitioner did ask to proceed with the request despite the façade grant moratorium.
Trustee McAlpine agreed the petitioner should be given the opportunity to address the Village Board.
The petitioner, Carrie Shuppe, 840 Wild rose, Cary, presented her request for a façade grant.
Trustee McAlpine thanked the Petitioner for the presentation but stated the Village Board has placed a moratorium on façade grant requests.
Trustee Cosler stated the grants are based on funds available and was not supportive of issuing a grant.
Trustee Betz stated her agreement with Trustees McAlpine and Cosler. Trustees Weinhammer and Covelli stated agreement with the Statements from Trustees McAlpine and Cosler.
Trustee Covelli asked the petitioner if the facade improvements would proceed without the grant. Ms. Shuppe stated the improvements will proceed.
IX. Discussion Regarding the Village's Revolving loan Fund - Cary Ale House Application
Discussion Director Simmons provided background on the proposed expansion and revolving loan fund
request of the Cary Ale House and Brewing Company.
Petitioner Chris Panagakis, Cary Ale House, presented an overview of the expansion.
Trustee Covelli asked the petitioner if expansion into the second floor is under consideration. Mr. Panagakis stated there are no plans at this time to expand into the second floor.
Trustee McAlpine Stated the presentation and request is well prepared and well thought out. The request aligns with the goal of helping business to grow within the community.
Trustee Cosler asked if revolving loan funds were moved to the capital projects fund. Administrator Rife stated the funds remain in the revolving loan fund.
Trustee Betz and Weinhammer agreed the petitioner's request was well prepared.
Mayor Kownick Stated this item will be included on the agenda for the next Village Board Meeting.
X. Discussion Regarding the End Use of the Lafarge/Meyer Material Gravel Pit
Discussion
Director Simmons reviewed the Lafarge/Meyer end use plan. This discussion item is in response to a request from Trustee Cosler for a discussion on the end use of the gravel pit once the Village takes ownership
Trustee Cosler stated the end use plan should also consider options such as selling the property, operating the property and costs related to maintaining the property.
Administrator Rife stated the date for acceptance of the property by the Village is June 2018. Additional discussions with the Cary Park District and the Village of Algonquin will continue in the future.
XI. Discussion Regarding Amending Various Provisions of the Municipal Code Relating to Water Meter AcceSS
Discussion
Assistant Director Walsh reviewed the ordinance amendments.
Trustee Covelli asked if higher fees for refusal to grant access could be an alternative to shutting off water service. Attorney Simon Stated an opt-out provision requiring an on-site meter reading defeats the purpose of the efficiencies gained with the automated meter program.
Trustee McAlpine Stated the Village needs the tools to address non-compliance.
Mayor Kownick stated this item will be on the agenda for the next Village Board Meeting.
XII. Discussion Regarding Mosquito Control
Discussion
Assistant Director Walsh reviewed the current mosquito abatement activities and options available for future consideration.
The Village Board agreed to revisit this item during budget discussions.
Discussion Regarding Recusal / Conflict of Interest Policy
Discussion Administrator Rife gave an overview of the discussion item and stated this was a request from
Trustee Weinhammer.
Administrator Rife provided the Village Board with a sample code of ethics from the Village of Glencoe for review and discussion.
Trustee Weinhammer stated interest in developing a Village of Cary policy for recusal when there is a conflict of interest.
Trustee Kraus asked if there is a policy currently in place. Administrator Rife indicated the Village follows state guidelines.
Trustee Covelli stated interest in having a policy similar to the Village of Glencoe policy.
Trustee McAlpine stated it is important to have a far-reaching discussion and noted the state has a narrow definition of conflict of interest as the statue indicates there must be a financial gain for a conflict of interest.
Trustee Covelli asked Trustee McAlpine if she was a paying member of the Chamber and Trustee McAlpine replied yes. Trustee Covelli stated her issue that Trustee McAlpine votes on Chamber issues. Trustee Covelli questioned Trustee McAlpine on the direct benefits she received as a member of the Chamber. Trustee McAlpine stated the Chamber's purpose is to support business. Trustee McAlpine stated she has never received a direct referral for her business during 20 years on the Chamber.
Trustee Covelli asked why a business would join the Chamber and what is the purpose and benefit for a business to join. Trustee Covelli stated a Trustee who is also a Chamber member and votes on giving funds to the Chamber allows the appearance of a conflict of interest.
Trustee McAlpine stated her Chamber membership has been disclosed and she has discussed this
matter with legal Counsel.
Trustee Kraus stated he had no problem with Trustee McAlpine voting on Chamber matters.
Trustee Weinhammer stated that as a volunteer with National Night Out, she would not vote if the National Night Out group came to the Village requesting funds. She questioned if someone could make a neutral decision on Something you are involved in.
Trustee Cosler asked Attorney Simon how the statue addresses a conflict of interest or the appearance of a conflict of interest.
Attorney Simon discussed the two statutes applicable to the conflict of interest issue.
Trustee Covelli supports going forward with Recusal / Conflict of Interest Policy discussion.
Trustee Kraus asked for information on what the state has in place today.
Trustee Betz stated it would be hard to pinpoint a conflict of interest because board members are involved in a lot of different things. Trustee Betz has no problem with something being written down, but thinks it would be very hard to pin point what you volunteer for and what you stand behind. Trustee Betz would like to look at what the state has to say and what is written down.
Dave Miller, Lake Julian, Cary, posed a recusal question to Trustee Weinhammer and Trustee Kraus in regard to the Maplewood School property. Trustee Weinhammer stated if asked to recuse herself on the sale of the Maplewood property she would respect the perception of a conflict of interest by the community and would recuse herself from the vote. Trustee Kraus stated he would not recuse himself as he could look at the issue objectively. Mr. Miller noted the difference of opinion of the Board regarding conflicts of interest.
Attorney Simon stated a starting point would be to provide the Board specific information on tiers of conflict and state statutes on this topic. Administrator Rife with work with Attorney Simon on this item. Administrator Rife Suggested the Village Attorney lead a future discussion about the state guidelines relating to conflict of interest.
XIV. Department Head Updates
Discussion
None
XV. Adjourn
There being no further items to discuss, a Motion was made to adjourn the meeting at 9:07 pm.
Motion: Trustee Kraus
Second: Trustee McAlpine
The Voice Vote noted all ayes and the motion carried.
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