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July 13, 2009

The Board of Trustees of the Village of Winnebago met at 7:00 p.m. with President Frank Eubank, Jr. presiding.

ROLL CALL

ELSEN – LEONARD – MALIGRANDA – MYERS – SMITH – TARGOSZ: present

Guests: Attorney Mary Gaziano, Mary Jo Hubbartt, D. Mark Hubbartt, Dick Medearis, Kelli Jeffers, Chad Insko, Randy Smith, Sally Bennett, Dana Ostergard, Dennis Noegel, Todd Weegens, Kris Steinwand, Kyle Robinson, Lynette Sawyer, Todd Stockburger

A motion was made by MR. MALIGRANDA, seconded by MR. SMITH, to accept the minutes of the June 8, 2009 Regular Board Meeting and Public Hearing as presented. Motion carried on a voice vote.

A motion was made by MRS. TARGOSZ, seconded by MR. SMITH to pay the bills over $5,000 to Gill’s Freeport Disposal, Fehr-Graham, Attorney Mary Gaziano, Municipal Well & Pump and Badger Meter. Motion carried on a unanimous roll call vote.

A motion was made by MRS. TARGOSZ, seconded by MR. LEONARD to pay the bills as presented. Motion was carried on a unanimous roll call vote.

The Treasurer’s Report has been placed on file for audit.

PUBLIC COMMENT

No one requested the opportunity to address the Board

OLD BUSINESS

A. Items with planned action

1. Village Engineer

a. There is no update on developments at this time. Mr. Weegens noted that there is effort being expended on a Wind Farm to be developed west of town. It will impact the School District but not the village.

b. The Village was unsuccessful on the second $350,000 CDAP Grant. Fehr-Graham is trying to find out why as they felt the Village met the requirements nicely.

c. The state bid letting will be July 31, 2009 for the Westfield Road Stimulus Project.

d. Three bids were received for the 2009 MFT Program. Rock Road Company was the low bidder.

A motion was made by MR. SMITH seconded by MR. MALIGRANDA to award the contract for the 2009 MFT Program to Rock Road Company for $296,537.31. Motion carried on a unanimous roll call vote. It was noted that if there are no required changes the total cost with engineering will be $331,579.60. MR. MYERS also noted he would like to have had the work done by Illinois workers.

e. The revolving loan has been applied for and we should know results in late August or September for Phase 1 of the Wastewater Treatment Plant expansion.

f. The Development Codes and Ordinances remains open.

2. Public Works Committee

3. Village Attorney

4. Finance Committee

a. The possibility of adding a Utility Tax needs to be discussed by the Board. Attorney Gaziano provided some preliminary information. Everyone was asked to provide their usage information to gather ideas on how the costs will impact homeowners. It was noted that other taxing bodies could be exempted.

5. Community Development Committee/Fourth of July Team

6. Advisory Team/Clerk

7. Police Committee

a. The issue of whether the Circuit Clerk Revenues were being deposited in the Police Fund was resolved as they are being handled correctly.

8. President

XIII. New Business

1. A. ITEMS WITH PLANNED ACTION AT THIS MEETING

1. Village Engineer

a. The CDAP Grant was received June 26, 2009 and a pre- construction meeting was held on the Televising and Sewer Lining Project. The work is proceeding and they are finding many breaks. There will be a Public Works Committee Meeting on July 22, 2009 at 6:30 p.m. and the parameters will be established as to how to deal with emergencies.

2. Public Works Committee

a. A motion was made by MRS. TARGOSZ, seconded by MR. ELSEN to hire a temporary employee to handle general maintenance to be paid $10.00 per hour and work thirty to forty hours per week for twelve weeks. Mr. Noegel and Mr. Insko will be responsible for the interviewing. Cost to be paid by line item 51-4-423 and 51-4-421. Motion carried on a unanimous roll call vote.

b. At the May Meeting the Board approved spending up to $20,000 for two 650 GPM pumps. As more electrical work is required a motion was made by MRS. TARGOSZ, seconded by MR. MYERS to purchase two pumps with VFD’s and electrical work not to exceed $40,000 from line item 51-4-542 instead of the pumps approved in May. Motion carried on a unanimous roll call vote.

c. A motion was made by MRS. TARGOSZ, seconded by MR. MYERS to authorize President Eubank to sign the Illinois Water/Wastewater Response Agency Intergovernmental Agreement. Motion carried on a voice vote.

d. A motion was made by MRS. TARGOSZ, seconded by MR. MYERS to spend an additional $10,000 from line 51-4-542 for the repairs of well number four as the shaft piping below ground needs to be replaced. Motion carried on a unanimous roll call vote.

3. Village Attorney

a. A motion was made by MRS. TARGOSZ, seconded by MR. MALIGRANDA to reduce the letter of credit of Sullivan’s Foods by $34,662.80 holding the customary ten percent until April 22, 2010. Motion carried on a unanimous roll call vote.

b. Motion was made by MR. MYERS, seconded by MR. ELSEN to approve entering into lease proposed by Trumpet

Networks to allow for Trumpet Networks to place dishes on Village’s water tower at zero cost for the lease itself in order to provide Wide Area Network (WAN) connectivity to Winnebago Community Unit School District 323, provided the following provisions/amendments to the lease are made by the Village Attorney.

1. Lessee to indemnify and hold harmless the Village from any claim or cause of actions whatsoever brought by anyone on account of the provision of microwave network connectivity by Trumpet Networks, including reasonable Attorney fees and expenses, and costs of suit.

2. Trumpet Networks is responsible for all electrical costs.

3. Ability to renew lease subject to approval of Village.

4. No keys to premises to be given to Trumpet Networks, but to be provided with twenty-four hour contact numbers for Village Personnel to allow access on emergency basis, and but authorizes Trumpet Networks to have access to its own control panel.

5. Liability Insurance limits to be increased to three million.

6. When and if use obsolete, Trumpet Networks to restore the water tower to its original condition before dishes were put up.

7. Bracketed poles to be the method of attachment instead of direct mounting to railing.

8. Entering into lease subject to Village insurance company agreeing to allow same under Village coverage, and any additional cost to be borne by Trumpet Networks.

9. Representation by Trumpet Networks that said entity has coordinated with Aero regarding the equipment and frequency using.

10. Trumpet Networks equipment to be moved to a different location on water tower at direction of Village Board to provide for lease to another entity paying the Village for a lease, provided that the location to which Trumpet Networks equipment is moved is within the line of site, and subject to Village ability to terminate the lease as elsewhere provided in the lease.

The above provisions are subject to the Village Board Members, Chad Insko, and Dennis Noegel being provided with a copy via email from Attorney Gaziano of the proposed changes, with the opportunity to provide commentary and questions pertaining thereto within seven calendar days of receipt of the email.

Motion carried on a unanimous roll call vote.

c. The attorney provided a copy of the Noise Ordinance from Rockford for review. The Police Department reviews many complaints on car stereos.

The Board again agreed to not negotiate down any court cases involving passing of stopped school buses with arm extended.

4. Finance Committee

a. It is important to tie revenue streams with expenses.

5. Community Development Committee/Fourth of July Team

6. Advisory Team/Clerk

7. Police Committee

a. A motion was made by MR. SMITH, seconded by MR. MYERS to spend $744 from line 21-3-563 and authorize Chief Stockburger to sign the contract for Police Law Institute Training. Motion carried on a unanimous roll call vote.

8. President

a. The Street Dance will be August 29, 2009 from 6:00 p.m. to 10:00 p.m. Please notify Mrs. Steinwand if you can help set up or tear down.

b. The Intergovernmental Agreement with the School District is open at the School.

c. President Eubank, MRS. TARGOSZ, Mr. Weegens, Mr. Noegel, and Mr. Insko will attend a presentation July 22, 2009 at 10:00 a.m. by Rock River Water Reclamation District on the possibility of being the sewer provider for the Village.

d. Statement of Qualifications (SOQ’s) will be requested from

Engineering firms for the Waste Water Treatment Plant.

e. The review of the Liquor Ordinance Fees was referred to the Liquor Commission for their recommendation.

f. MR. MALIGRANDA will attend the WIPC Meeting July 15, 2009 and report back to the Board.

g. Mrs. Ostergard will provide NIMS Training Saturday, July 18, 2009, starting at 9:00 a.m. MR. ELSEN, President Eubank, Mr. Insko, Mrs. DiGvonni, and Mrs. Bennett will be required to attend the training.

h. The Annual IML Conference will be September 24^{th through September 26, 2009; please let Mrs. Steinwand know if you plan to attend.}

There will be a Joint Meeting with the Zoning Board July 21, 2009 at 6:30 p.m.

9. Other Business

President Eubank thanked MR. MYERS for waxing the squads for July 4, 2009.

MR. MYERS thanked Ron Huggins for the great job again this year with chairing the 4th of July Family Festival. He also thanked MR. MALIGRANDA for organizing the parade.

It was noted that the Police Department won the Bed Race after the parade narrowly edging out the Fire Department.

A motion was made by MR. MYERS, seconded by MR. LEONARD to adjourn at 10:00 p.m. Motion carried on a voice vote.

Sally Jo Huggins, Village Clerk