Chambana Sun

Village of Mahomet Board of Trustees met April 23.

Here is the minutes provided by the board:

MEMBERS PRESENT: Bruce Colravy, Andy Harpst, David Johnson, Donald Lynn, Brian Metzger, and Bill Oliger

OTHERS PRESENT: Village President Sean Widener, Village Administrator Patrick Brown, Village Clerk Cheryl Sproul, Chief of Police Mike Metzler, and Village Attorney Joe Chamley. Amanda Reese and numerous interested parties.

CALL TO ORDER:

PLEDGE OF ALLEGIANCE/ROLL CALL:

Widener called the meeting to order at 6:00 p.m. After the pledge, Clerk Sproul called the roll, a quorum was present.

PUBLIC COMMENT:

Widener read a statement explaining the purpose of Public Comment. He also explained everyone should be signed in and state their name and address and address their comments to the Board and not the public. He asked that they keep their comments to 5 minutes or less. He also explained this portion of the meeting was public comment on items not on the agenda.

CONSENT AGNEDA:

A. APPROVAL OF MINUTES

1. BOARD OF TRUSTEES – MARCH 26, 2019

2. STUDY SESSION – APRIL 9, 2019

3. STUDY SESSION – APRIL 16, 2019

B. RESOLUTIONS, ORDINANCES AND OTHER ACTION ITEMS

1. TREASURER’S REPORT

2. BILL LIST

3. RESOLUTION 19-04-01, A RESOLUTION AWARDING THE MFT SEAL COAT PROGRAM TO ILLIANA CONSTRUCTION FOR THE AMOUNT OF $163,704.64

4. RESOLUTION 19-04-02, A RESOLUTION AWARDING THE FY2020 AND FY2021 BRUSH AND TREE LIMB CURB-SIDE COLLECTION PROGRAM TO MAHOMET LANDSCAPES FOR THE NOT-TO-EXCEED AMOUNT OF $13,749.00 PER COLLECTION

5. RESOLUTION 19-04-03, A RESOLUTION AUTHORIZING THE AWARD OF THE 2019 SANTIARY SEWER LINING PROJECT AND STORM SEWER LINING PROJECT TO VISU-SEWER OF MISSOURI, LLC FOR THE AMOUNT OF $142,185.70.

Metzger moved, Lynn seconded, “TO APPROVE THE CONSENT AGENDA AS PRESENTED.” ROLL CALL: ALL YES. Motion carried.

ORDINANCES, RESOLUTIONS AND MOTIONS (TO BE ACTED UPON)

RESOLUTION 19-04-04, A RESOLUTION DIRECTING THE BOARD OF TRUSTEES TO APPROVE AN MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE THORNEWOOD SUBDIVIDERS AND THE VILLAGE OF MAHOMET, ILLINOIS

Widener gave a brief summary of this issue and how it came about. He stated the Board had heard the concerns of the residents of Briarcliff Subdivision concerning the construction of the road. He added that the residents wanted something in writing concerning the elimination of the road. Widener explained the document presented was a non-binding document but was a typical document. He stated the document summarizes what both parties are going to do. He noted the Village requested the removal of the road and to limit the right-of-way or investigate the feasibility of the road to be built on the Thornewood side.

He stated if approved by the Board the next step would be the timing of the bike path and whether or not it is built depends on the developer. He stated the process would be presented to Plan and Zoning and go through the typical process.

Widener asked for any discussion or questions from the Board, there being none, Colravy moved, Harpst seconded, “TO APPROVE RESOLUTION 19-04-04, A RESOLUTION DIRECTING THE BOARD OF TRUSTEES TO APPROVE AN MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE THORNEWOOD SUBDIVIDERS AND THE VILLAGE OF MAHOMET, ILLINOIS.” ROLL CALL: ALL YES. Motion carried.

ORDINANCE 19-04-01, ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF MAHOMET (SURROUNDED TRACT) (Briarcliff Subdivisions Property):

Widener stated the Ordinances were tabled and new mailings were required so new Ordinances were prepared to reflect the new dates. Widener stated each ordinance would be discussed separately. Widener opened to questions first and there were none. He then opened the floor to the public for comments.

Ron White 1002 Briarcliff Drive distributed handouts of a map showing their stance that they were not wholly bounded. White stated he believed the issue was money for the Village but said even if the Board voted to annex this issue was not over, but only the beginning. He stated sometimes principal was very expensive. He also suggested he would like to negotiate a “grandfather” clause. He added their attorney was present and would speak to their point and reiterate that they are not wholly bounded.

David Steigman, 1807 Woodfield Drive, Savoy IL stated he was representing Summit Ridge and Briarcliff Subdivisions. He stated his job was to provide factual and legal information.

He stated the Village was required to comply with Statutory requirements. He stated that means the decision would be made in court in Champaign County and possibly Springfield. He advised the Trustees to not be in a hurry to decide without a fully vetted legal opinion. He stated he understands the Village attorney represents the Mayor and the Village of Mahomet. He advised the Board had another option with the Illinois State Attorney General. He stated the Board could always contact this office for another opinion.

His opinion was that there was a misunderstanding on the legal boundaries that were making his clients wholly bounded. He claimed the boundaries presented by the Village were factually and legally untrue and since there are not opinions from the Illinois State Attorney General or Champaign County because they have not seen it they have not proven they are correct. He stated if approved his clients were willing to proceed since the Village had failed to prove the boundaries were correct.

He stated this clients’ 2nd objection was the form and process of the annexation. He stated the involuntary annexation was not presented in front of the circuit court and should not proceed without a chance to appear in court to present their arguments.

He stated the 3rd objection was the complexity of the legal definition. He said the legal analysis could be challenged in court. Widener advised the attorney had had used up his time.

Widener asked for public comment about the Briarcliff Annexation. Herbert Grindley, 1307 Wildwood Lane, offered his 5 minutes to their attorney. The attorney declined the extra time.

Mae Vogel, 1005 Hillside Lane, stated her previous comments still hold true. She stated she was Mahomet born and raised in Lake View and when the opportunity came up, she bought their house sight unseen and asked Trustees to look at the residents of Briarcliff. She stated they do not want to be annexed and she asked the Board to listen to them.

Wade Lagle, 1301 Briarcliff Drive, stated if the Board wants to annex new subdivision do so, but leave the unincorporated areas alone and do not be another reason people are leaving Illinois.

There being no further comments, Colravy moved, Lynn seconded, “TO APPROVE ORDINANCE 19- 04-01, ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF MAHOMET (SURROUNDED TRACT) (Briarcliff Subdivisions Property).” ROLL CALL: ALL YES. Motion carried.

ORDINANCE 19-04-02, ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF MAHOMET (SURROUNDED TRACT) (Summit Ridge Subdivision Area Property),

Widener asked the Board if there were any comments or questions, there being none, Widener opened the floor to the public for comments and questions.

Rich Eardley, 113 Karadan, stated he tried talking to the Board, but it was difficult to change closed minds. He added that after the last vote, the Board proved they are not listening and they would see them in court.

Carol Henke, 111 Karadan, stated Summit Ridge residents were prepared to go to court and will not back down. She stated this was a very sad day. She said she came here because this was a small town and after working all day she looked forward to relaxing when she came home. She stated all the apartments being built attract transients who are only here “part time”. She would like homeowners who would appreciate the little bit of heaven here in Mahomet. She asked the Board to let them have their small town peace and quiet. She said they would see them in court.

Dean Elbert, 1615 E. Lake of the Woods Court, stated he is not in favor of the annexation and would see them in court.

There being no further comments or questions, Lynn moved, Johnson seconded, “TO APPROVE ORDINANCE 19-04-02, ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF MAHOMET (SURROUNDED TRACT) (Summit Ridge Subdivision Area Property).” ROLL CALL: ALL YES. Motion carried.

ORDINANCE 19-04-03, ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF MAHOMET (SURROUNDED TRACT) (Robinson Properties, LLC Property)

There were no questions or comment from Board. Widener opened up the floor for questions from the public.

Gary Robinson, owner of 1715 Tin Cup Road, which is Tin Cup Campground, stated he had talked to the Mayor, at the time, the Village Engineer and the Village Attorney, Jim Evans, years ago and was told they would not annex the Campground. He stated he took Mr. Berns and Mr. Evans at their word and yet he was being forcibly annexed. He stated his campground has been operating in the County with no problems. He was told the 60 acres that were left could not be annexed. He stated over the years he had no contact with anyone and suddenly here we are. He took objection to the fact that each person voting on his future he did not get to vote for any of them. He stated he is standing up for his rights. He noted that people like their campground and it was not right what the Board was doing. He stated he feels insulted for what he has done for this community. He stated the Board was against him and he is not on the Village’s team anymore.

Oliger moved, Colravy seconded, “TO APPROVE ORDINANCE 19-04-03, ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF MAHOMET (SURROUNDED TRACT) (Robinson Properties, LLC Property).” ROLL CALL: ALL YES. Motion carried.

ADMINISTRATOR’S REPORT

PRELIMINARY FY/2020 BUDGET AND CIP DISCUSSION

Brown stated Staff was still waiting for information from the County and until they get that information cannot completed the budget process. He stated he was hoping it would be available for May approval.

MAYOR’S REPORT:

Widener stated the May Study Session would be held May 14 and 21 at 6:00 p.m. He stated the May Board meeting would be held on May 28th at 6:00 p.m.

Widener asked if there would be any absences. The Trustees expected to be attending all meetings in May.

Widener read a proclamation for Arbor Day, April 26th. He stated Trustee Colravy was involved in a celebration that day. Colravy stated it was not just to celebrate trees in the community but was required to remain a Tree City USA town. Colravy stated he would be submitting the paperwork to continue that designation. Widener thanked Colravy for his service to the community.

NEW BUSINESS:

There was no new business.

ADJOURN:

There being no further business, Johnson moved, Harpst seconded, “TO ADJOURN THE MEETING AT 6:45 P.M.” ROLL CALL: ALL YES. Motion carried.

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