Village of Cary Committee of the Whole met December 19.
Here is the minutes provided by the Committee:
I.Call to Order
This meeting was called to order at 6:15 p.m. 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, Community Development Director Simmons, Police Chief Finlon, Public Works Director Morimoto, Village Attorney Tappendorf and members of the audience per the sign-in Sheet.
It was the consensus of the Committee of the Whole to allow Trustee Covelli to participate via audio conference.
III. Pledge of Allegiance
Mayor Kownick led in the recitation of the Pledge of Allegiance.
IV. Public Comments
Kelly Whistler, 690 Krenz Avenue, stated her daughter requires 24-hour medical care. Ms. Whistler Stated she is against any parking restrictions that do not allow her daughter's nurses to park in the street near her home. Ms. Whistler requested an application for dedicated handicapped parking.
There being no further comments from the public, Mayor Kownick closed Public Comments at 6:20 р.m.
V. Discussion on Amendment of Chapter 10.32 - Parking
Discussion-
Director Morimoto and Chief Finlon provided background on proposed changes to the Village's on-Street parking ordinance. These changes include:
1.Changing language to be clearer to motorists and better able to be enforced.
2.Removing certain restrictions that were in place to address conditions that no longer exist.
3.Amending/correcting existing language.
4.Defining restrictions that are already posted and supporting them with an ordinance.
5.Defining authority to grant exceptions to certain parking regulations.
6.Clarifying the manner in which the restriction on the snowfall parking is defined.
7.Defining the authority to temporarily restrict parking for Special events.
Trustee Kraus asked if the language regarding parking restrictions could be amended on Prairie Street, south of Krenz Avenue. Chief Finlon stated this language could be amended if the Village Board gives direction to do so.
Trustee McAlpine asked Chief Finlon to clarify that a resident may request up to four (4) exceptions regarding the winter overnight parking restrictions per year. Chief Finlon stated this was correct.
Lori Palmer-Kane, Lake County Center for Independent Living, asked the Committee to consider that those needing home care assistance frequently require multiple caregivers to come to their home.
Director Morimoto stated there are difficulties in keeping the streets clear and safe when Snowplows have to navigate around cars parked in the roadway.
Mayor Kownick stated he was asked by a resident who lives near Krenz and Cary-Algonquin Road about how permit exceptions and parking restriction situations would be managed. Chief Finlon stated that snow removal is a public Safety issue and must be a priority when a permit exception is considered.
It was the consensus of the Committee of the Whole to forward on to the Village Board's January 16, 2018 meeting the consideration for approval of Amendments to Village Code Chapter 10.32Parking.
VI. Discussion on Village Attorney Billing
Discussion-
Village Administrator Rife provided background on the attorney billing item for discussion.
Trustee Cosler stated he was not supportive of paying the attorney invoices for legal advice because he does not feel the advice was accurate.
Mayor Kownick stated that an issue had been raised that necessitated legal advice, and Ancel Glink was therefore consulted. Mayor Kownick Stated that since Ancel Glink was asked to perform work they should be compensated for their work.
Trustee Cosler Stated he had disagreed with a legal interpretation given by Ancel Glink and requested the Village Board consult with an outside attorney for another opinion. Because the Board was not supportive of Trustee Cosler's request, Trustee Cosler consulted an outside attorney regarding the matter. Trustee Cosler stated the attorney he consulted did not share the same legal interpretation as Ancel Glink.
Trustee Cosler asked Attorney Tappendorf to explain the basis of Ancel Glink's legal interpretation of the matter. Attorney Tappendorf referred to the letter sent by Ancel Glink to the State's Attorney's office, which outlined the legal foundation of the action taken by the Village Board. Attorney Tappendorf stated that it is not uncommon for attorneys to disagree on legal interpretations. Attorney Tappendorf also stated when the Village Board takes an action that is challenged, it is Ancel Glink's responsibility to protect the validity of the Village Board's action. Since there was an action taken by the Village Board and a Subsequent challenge to that action, Ancel Glink was responsible for providing legal Support for that action.
Trustee Cosler stated he felt that the letter from the State's Attorney's office did not support Ancel Glink's legal interpretation.
Trustees McAlpine, Kraus, Betz and Mayor Kownick supported payment to Ancel Glink.
Trustees Cosler, Covelli and Weinhammer did not support payment to Ancel Glink.
VII. Executive Session
Motion: Trustee McAlpine moved, seconded by Trustee Kraus to Enter into Executive Session to discuss Closed Session Minutes, Review, 5 ILCS 120/2(c)(21) and Real Estate: Purchase or Lease (Buy), 5 ILCS 120/2(c)(5).
Ayes: Weinhammer, Betz, Cosler, Covelli, Kraus, McAlpine
Nays: None
Abstain: None
Motion Carried.
Mayor Kownick and Trustees Betz, Cosler, Covelli, Kraus, McAlpine and Weinhammer entered into Executive Session at 7:29 p.m. Others present included Village Administrator Rife, Community Development Director Simmons and Village Attorney Tappendorf.
After discussion, Mayor Kownick entertained a motion to exit Executive Session.
Motion: Trustee Kraus moved, seconded by Trustee McAlpine to exit Executive Session at 7:45 р.т.
Ayes: All ayes by voice vote
Nays: None
Motion Carried.
Mayor Kownick entertained a motion to return from Executive Session.
Motion: Trustee Kraus moved, seconded by Trustee McAlpine to return from Executive Session at 7:46 p.m.
Ayes: All ayes by voice vote
Nays: None
Motion Carried.
VIII. Adjourn
There being no further items to discuss, a Motion was made to adjourn the meeting at 7:47 p.m.
Motion: Trustee Kraus
Second: Trustee McAlpine
The Voice Vote noted all ayes and the motion carried.
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