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VILLAGE OF POPLAR GROVE *** A GREAT PLACE TO CALL HOME ***
BOARD AGENDA
July 8, 2013 – 7:00 pm
I. ROLL CALL Page
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES 1
a. June 10, 2013
IV. PUBLIC COMMENT
a. Jarid Funderburg / Field Rep. Congressman Adam Kinzinger
V. TREASURER’S REPORT 5
VI. FINANCE
a. Recommend to Approve A/P Invoices for $129,526.44 22
b. Recommend to Approve Authorization of Bids for Village’s Maintenance Program (street work) / 68
Resolution ______
c. Recommend to Approve Administrative Fees for W&S Accounts sent to Collections / 70
Ordinance ______
d. Recommend to approve Antennas on Water Tower at Arboretum / North Boone High School 74
CUSD 200
e. Recommend to Approve Authorization for Bids and Sale of Certain Personal Property Owned 84
by Village of Poplar Grove / Ordinance ______
VII. ADMINISTRATION
a. Recommend to Approve Administrative Hearing Officer / Ordinance ______ 87
b. Recommend to Approve Raffle Applications:
i. Poplar Grove Vintage Wings & Wheels 94
ii. North Boone Fire District #3 Fireman Association
iii. Poplar Grove Lions Charities Inc.
c. President Neitzel’s Recommendation of Appointment to Parks Advisory Committee / Chairman
VIII. ADMINISTRATOR’S REPORT 100
IX. GOOD OF THE VILLAGE
a. Administrative Committee – July 22, 2013 at 6:30 PM
b. Parks Advisory Committee – July 27, 2013 at 6:30 PM
c. Finance Committee - August 5, 2013 at 6:30 PM
d. Planning & Zoning Commission – August 6, 2013 at 7:00 PM
e. Village Board of Trustees – August 12, 2013 7:00 PM
X. ADJOURNMENT
Village of Poplar Grove
Board of Trustees Meeting
Minutes of June 10, 2013
The regular meeting of the Board of Trustees was called to order by President Neitzel at 7:00 pm in the Village Hall.
President Neitzel led the assembly in the Pledge of Allegiance to the Flag.
Present:
President John Neitzel, Administrator Mark Lynch, Trustees Don Bawden, Owen Costanza, Jeff Goings (joined meeting at 7:03
pm),Ron Quimby and Judi Zangs, Clerk Martha Suhr, Attorney Roxanne Sosnowski, Secretary Maureen Brzinski, DPW Jeff
Strate and Engineer Chris Dopkins. Trustee Robert Fry was absent.
Agenda:
A motion was made by Bawden, 2nd
by Quimby to approve the agenda as presented. Motion was carried by voice vote 5-0.
Public Hearing for Angela Shafala/ water Disconnection:
Joshua Berryhill spoke for Angela Shafala. Attorney Sosnowski swore in Mr. Berryhill. He stated his name as Joshua Berryhill
and his address as 404 Jayde Place, Poplar Grove Il. 61065. He asked the Board to consider reducing the fines on his water
bill. He spoke of his financial difficulties and hardships and had not been able to pay anything on his water bill for the year of
2012. Several surgeries in 2012 left him permanently disabled and his daughter who has Downs Syndrome has had her share
of surgeries over the years. They have hundreds of thousands of dollars in medical bills and they are on a fixed income. He
would like the Village to set up a safety net to help him and others that are suffering. Offered to pay an extra hundred a
month when talking to Administrator Lynch and was told that it wasn’t enough and the fines would keep coming. He would
like to see some kind of a reasonable modification request, citing the ADA for people with difficulties and hardships.
President Neitzel told Mr. Berryhill why the extra hundred a month won’t work. The policy is that ½ of the past due amount is
paid up front and the balance in 90 days. President Neitzel asked if he was currently living at 404 Jayde Place and was told
yes. When asked about his address in Belvidere at 302 Greenview Road, he stated that was assisted living because of his
surgeries in 2011 and 2012. When asked how longed he lived at 404 Jayde during that 2 year period, he stated 14-15 months
of that time frame. He was asked why he did not follow thru with the payment plan that they had set up and he cited
hardship. He was asked why he did not come into the office sometime in 2012, the year that no payments were made and
had received 2 disconnect notices during the year. President Neitzel spoke on the conversation he had with Mr. Berryhill in
2012 and told him to come into the office and arrange a payment plan. Mr. Berryhill did not come into the office to do so. Mr.
Berryhill stated that the office in 2012 had not been told that water could not be shut off because of disabled children.
Attorney Sosnowski had sent to the Village an opinion in Dec. 2012 concerning this issue when contacted by Ms. Brzinski in
2012 when she was told this by Ms. Shalafa. Mr. Berryhill is willing to pay the late charge on the total usage but not the
compounded interest. He presented to the Village the Reasonable Modification Request and for it to be on the record that
this has been presented to the Village and to be put on file. For the record President Neitzel read a summary of the Shafala
account.
Debra Antis; Ms. Antis was sworn in by Attorney Sosnowski and stated her name as Debra Antis residing at 134 Ray Street,
Poplar Grove. Ms. Antis stated that she was there to support the Berryhill’s and ComEd has a better payment plan than the
Village. She told how if she was late with a water bill in years prior there was a knock on her door about it. Told of a neighbor
who rec’d a bill from a collection agency for a bill on a house he had owned years ago. He had no notification, just the bill
from the collection agency. She suggested that something needs to be done with the water dept. She also stated the Village
Hall staff is rude. When an addition was put on her house and the entire lawn was reseeded, she asked to pay water only for
a couple of months and was told “no way” but yet the developers get away with it. This makes her feel like a nobody.
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Jeff Nixon; Mr. Nixon was sworn in by Attorney Sosnowski and stated his name as Jeff Nixon residing in Northbrook, IL. He
heard about Mr. Berryhill’s situation on the radio. He wanted to find a solution to the Berryhill’s problem. He had suggested
to President Neitzel in his email that if the Board would waive the penalty fees, he would pay the principal along with some
additional money towards future bills. He was prepared to do that today and asked the Board to consider this request as a
way to resolve this situation to get the Berryhill’s back on track and bring the community closer together.
James Jason Vodnansky; Mr. Vodnansky was sworn in and stated his name as James Jason Vodnansky residing at 14031
Ashwin Lane, Poplar Grove IL. We all agree that the bills are not being paid and by definition the bills are late. Payment plans
were not adhered to and no attempt was made to pay for an entire year. He understood that donations were being collected
and Mr. Nixon would be paying on the bill. This should not be a Village problem and the Village should not set a precedent by
waiving the late fees.
Ginger Chorney; Ms. Chorney was sworn in and stated her name as Virginia “Ginger” Chorney residing at 316 White Oak
Drive, Poplar Grove. Years ago she worked with the Berryhill’s at the Belvidere Food Pantry and she can attest that they have
given a lot back to the community. She recently moved from Candlewick Lake to Poplar Grove and understood about large
water and sewer bills. She rents and does not agree with the policy of sending the W & S bills to the homeowner. Her
landlord lives in Michigan and it is such a hassle to get the bill to her that her landlord has paid the bill since Oct. There are no
options for the renter to access the bill. Whoever answers the phone at the Village Hall has been rude. The Village’s system
does not work for renters. Last month’s minutes showed discussion on waiving penalties and/or extended payment plans.
Why can’t the Berryhill’s have and extended payment plan and can their fees be waived? She stated that 10% penalty fees
are too high.
Alice Kuhlen; Ms. Kuhlen was sworn in and stated her name as Alice Kuhlen residing at3040 Fairchild Street, Poplar Grove IL.
Ms. Kuhlen stated that she was a court appointed advocate for children. She informed the Board that there was a fund
available that helps families on a one time basis. It is called the Norman Fund; it is something the Berryhill’s could look into
for help.
Mr. Berryhill; Asked the Board for those who come to the Village for help, the Village should research other Villages. He
would be happy to do the research to find funds and help for needy residents.
There was discussion on paying the amount due. Mr. Berryhill would like 10% applied to the total consumption not
compounded as it has been on each billing cycle. Mr. Berryhill’s bill breaks down to $3,044.78 for consumption and $2,550.96
in penalty charges. It was felt that because it had been a year with no attempt to pay anything at all on the bill the late fees
should not be waived. The Village can provide time for the Berryhill’s to make payments while doing so the current bills must
be paid in full and on time. It was stated there needs to be a monthly payment plan put in place freezing penalties at that
time and if defaulted, after 90 days there would be a disconnection.
The public hearing was closed at 8:19pm.
A motion was made by Bawden, 2nd
by Quimby to allow a payment plan of $150.00 per month this would take approx. 3
years. Freeze the penalties on the past due amount, must pay current bills in full and on time, if defaulted, service would be
turned off after 30 days. Discussion followed on the terms of the motion; it was felt that there should be some down
payment made. At this point Mr. Berryhill had to be escorted out of the meeting because of his outbursts. There was more
discussion on the terms. Mr. Nixon stated what he is going to pay and what has been raised in donations. Motion was
withdrawn by Bawden and Quimby. A motion was made by Quimby, 2nd
by Zangs to accept Mr. Nixon’s payment of
$3,500.00, Ms. Shalafa will pay the balance of $2095.74 in 90 days. She must pay current bills in full and on time. If this
agreement is defaulted service will be shut off after 30 days. The 30 days is a special provision for producing a document
from a Doctor stating a handicapped child lives in the house. Motion was carried by roll call 5-0 with Trustees, Bawden,
Costanza, Goings, Quimby and Zangs voting yes.
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Minutes of May 13, 2013:
A motion was made by Quimby, 2nd
by Costanza to approve the minutes of May 13, 2013 as presented. Motion was carried
by voice vote 5-0.
Public Comment:
Nick Steiner of 402 N. State Street addressed the Board asking for approval to have a horse and a Shetland pony on his
property. He lives north of Rt. 173 on 3 acres with no close neighbors. He will be taking this to the Planning and Zoning
Commission.
Jason Vodnansky of 14031 Ashwin Lane spoke on the Parking ordinance for Ashwin and Starflower. He felt that the
ordinance approved to be sent to the Board at the Administration Committee meeting did not address anything. What it did
do was prohibit parking in what is a no parking zone because of the fire hydrants. As this new ordinance would not address
anything, he asked the Board to vote it down. President Neitzel explained the ordinance would prohibit parking on both
sides of the street from Trillium to Whiting Road on both Ashwin and Starflower. President Neitzel thanked Jason and Tami
for the plants they put in the pots at the Village Hall.
Treasurer’s Report:
We are only one month into the fiscal year. At this point it is too soon to see a trend and all is normal. The Village has already
received real estate taxes from the county.
Finance Committee:
Milan Mortimer; At the committee meeting, Milan’s 5 accounts on rental properties, 2 at 233 N. State, 2 at 231 N. State and
1 at 102 W. Park were discussed. Mr. Mortimer had never rec’s notification that these accounts were in arrears some dating
back to 2006. He has agreed to pay. A motion was made by Zangs, 2nd
by Costanza to waive the penalties of $917.41 on the 5
accounts of Mr. Mortimer’s for 233 N. state, 231 N. State and 102 W. park. Motion was carried by roll call 5-0 with Trustees
Bawden, Costanza, Goings, Quimby and Zangs voting yes.
A/P Invoices; A motion was made by Zangs, 2nd
by Bawden to approve the payment of A/P invoices totaling $53,462.98.
Motion was carried by roll call 5-0 with Trustees Bawden, Costanza, Goings, Quimby and Zangs voting yes.
Smoke Testing Resolution 2013-R06; A motion was made by Zangs, 2nd
by Costanza to approve Resolution 2013-R06
approving Smoke Testing at a cost of $10, 825 to MCO-IL,LLC. Motion was carried by roll call 5-0 with Trustees Bawden,
Costanza, Goings, Quimby and Zangs voting yes.
MFT Appropriation Resolution 2013-R07; A motion was made by Zangs, 2nd
by Bawden to approve the MFT appropriation
resolution 2013-R07 for $275.00. Motion was carried by roll call 5-0 with Trustees Bawden, Costanza, Goings, Quimby and
Zangs voting yes.
NWWTP Repairs with Spectrum Contracting; A motion was made by Zangs, 2nd
by Bawden to authorize Administrator Mark
Lynch to execute a contract with Spectrum Contracting to make tank repairs at the NWWTP. Motion was carried by roll call
5-0 with Trustees Bawden, Costanza, Goings, Quimby and Zangs voting yes.
Administration Committee:
Grass Heights Ordinance 2013-010; A motion was made by Quimby, 2nd
by Zangs to approve Ordinance 2013-010 regarding
vegetation in the Village and concerning grass heights. Motion was carried by roll call 5-0 with Trustees Bawden, Costanza,
Goings, Quimby and Zangs voting yes.
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Prevailing Wage Ordinance 2013-011; A motion was made by Quimby, 2nd
by Zangs to approve Ordinance 2013-011
ascertaining the prevailing wages for laborers, workmen, and mechanics employed on public works for the Village of Poplar
Grove. Motion was carried by roll call 5-0 with Trustees Bawden, Costanza, Goings, Quimby and Zangs voting yes.
No Parking area on Ashwin Land and Starflower Drive; A motion was made by Quimby, 2nd
by Costanza to approve Ordinance
2013-012 providing for a no parking area on Ashwin Lane and Starflower Drive from Trillium Trail to Whiting Road. Motion
was carried by roll call 5-0 with Trustees Bawden, Costanza, Goings, Quimby and Zangs voting yes.
Authorize Village President to Execute an Amended Agreement with KP Poplar Grove LLC; A motion was made by Quimby to
approve resolution 2013-R09 authorizing the Village President to execute and amended development agreement with KP
Poplar Grove LLC for the Poplar Woods subdivision. Motion was carried by roll call 5-0 with Trustees Bawden, Costanza,
Goings, Quimby and Zangs voting yes.
Approve Poplar Woods 1st
Addition of Subdivision; A motion was made by Quimby, 2nd
by Goings to approve Resolution 2013-
R10 approving the Poplar Woods First Addition final plat of the subdivision subject to the Village receiving the deed to Lot
one. Motion was carried by roll call 5-0 with Trustees Bawden, Costanza, Goings, Quimby and Zangs voting yes.
Property Vacation, Walnut Grove Dr. & Waco Way intersect; This has been talked about for several years. The consensus is to
take the matter back to the Administration Committee, but the Village should retain an easement across the property.
Park Clean-up Dates and Costs; A motion was made by Quimby, 2nd
by Zangs to approve June 22, June 29, July 13, July 27 and
August 17, 2013 as clean-up dates for parks and trails within the Village of Poplar gr0ove, dumpster rental, use of Village
equipment and overtime for a public works employee on June 22, 2013. Motion was carried by roll call 5-0 with Trustees
Bawden, Costanza, Goings, Quimby and Zangs voting yes.
Parks Questionnaire; A motion was made by Quimby, 2nd
by Costanza to approve the contents of the parks questionnaire. It
was suggested to put the questionnaire on the web site. Motion was carried by voice vote 5-0.
Administrator’s Report:
Mr. Lynch reported that things are improving as to collections on past due W & S bills. A vending machine has been installed
by the outside bathrooms. Profits will go to Parks and Parks improvements.
Good of the Village:
Administrative Committee - June 24, 2013 at 6:30 pm
Parks Advisory Committee - June 25, 2013 at 6:30 pm
Finance Committee - July 1, 2013 at 6:30 pm
Planning and Zoning Commission - July 2, 2013 at 6:30 pm
Village Board of Trustees - July 8, 2013 at 7:00 pm
A motion was made by Zangs, 2nd
by Bawden to adjourn the meeting. Motion was carried by voice vote 5-0. Meeting was
adjourned at 9:30 pm.
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Resolution _________
WHEREAS, the Village of Poplar Grove desires to maintain various streets within the Village; and, WHEREAS, the Village desires to utilize Motor Fuel Tax (MFT) funds for all project costs; and, WHEREAS, the Village Engineer has prepared specifications for the maintenance of the various streets; said specification set is identified as IDOT section number 13-00000-00-GM; and, WHEREAS, the specifications for section number 13-00000-00-GM are ready for public bid letting in accordance with the Village’s purchasing policies and IDOT MFT procedures; now therefore, BE IT RESOLVED by the President and Board of Trustees of the Village of Poplar Grove, Boone County, Illinois, that: By the Adoption of this Resolution, the Village Engineer is hereby authorized to place the following specifications out for public bid letting in accordance with Village purchasing policies and MFT procedures:
Section Number 13-00000-00-GM FURTHER, the Village Clerk of Poplar Grove shall attest the same after the signature of the Village President. Passed this 8th day of July, 2013.
________________________________________________ President of the Board of Trustees of the Village of Poplar Grove ATTEST: _________________________________ Village Clerk AYES:__________ NAYES:___________ ABSENT:____________
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McMAHON ASSOCIATES, INC. 1700 HUTCHINS ROAD MACHESNEY PARK, ILLINOIS 61115
PH 815.636.9590 FAX 815.636.9591 [email protected] WWW.MCMGRP.COM
To: The Finance Committee
The Village President and Board of Trustees From: Chris Dopkins, P.E., Village Engineer Re: Maintenance of Streets-2013 Date: June 26, 2012
Attached to this memo is a resolution that will authorize bidding of the 2013 Street Maintenance Program. The Village has already passed the resolution appropriating MFT funds, and I assume that the appropriation resolution has been forwarded to IDOT. As a reminder, the following streets are in this year’s program:
Street From To
Menge IL 76 100' W of Harvest Lane
Countryside IL 76 East side of store entrance
Ray Street Poplar Grove Rd Beaver Drive
East Park East End of Asphalt Pavement
West Park Hill Poplar Grove Rd
Poplar Grove Road IL 173 End of Village Jurisdiction Additionally, the Village has partnered with the Township for the Orth Road and East Park seal coating. Bids for the Township’s seal coating project will be opened on July 2nd. We will certainly update you with the bid results once they are available. Assuming approval at the Board level, the project will be bid around July 15th. Bid opening will occur on or about July 31st, and bid results can then be forwarded to the Finance Committee for approval on August 5th, then onto Board August 12th. Construction would most likely commence the last week of August of 1st week of September. The construction should take approximately 2-3 weeks to complete. Thank you for your time and consideration. Please do not hesitate to contact me at 636-9590 with any questions, or if I may provide additional assistance.
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July 8, 2013
Memo to Village Board
Re: Administrative Fee for Accounts Sent to Collection
The Administration Committee and Finance Committee have recommended passage of an ordinance to
add a 30% administrative fee to all water/sewer accounts that are referred to collections. This occurs fifty (50)
days after bills are initially sent, and only after the original bill, a late notice, and a disconnect notice have been
sent, and after an opportunity for a public hearing. This will occur after water or sewer service has been
disconnected and no payment plan has been established. It would coincide with a lien being filed on the
property in question. The 30% administrative fee is added before the account is sent to collection to cover the
Villages 30% expense that is paid to the Collection Agency when they collect.
Thank you,
Mark Lynch
“A Great Place to Call Home”
Office of Village Administrator
Village of Poplar Grove 200 Hill Street
P.O. Box 1
Poplar Grove, Illinois 61065
Phone: (815) 765-3201
Fax: (815) 765-3571
Email: [email protected]
Web: www.villageofpoplargrove.com
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ORDINANCE NO. ____________
AN ORDINANCE AMENDING THE VILLAGE OF POPLAR GROVE CODE OF ORDINANCES REGARDING TERMINATION OF SERVICE
FOR NONPAYMENT
WHEREAS, Title 6, Chapter 2, Section 4, Subsection 4, of the Village of
Poplar Grove Code of Ordinances (“Village Code”) establishes regulations regarding
termination of water and sewer services for nonpayment; and
WHEREAS, the Board of Trustees of the Village has determined that a thirty
percent (30%) administrative fee should be added to water/sewer bills not paid within
fifty (50) days of rendition is appropriate to offset the administrative costs incurred by
the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and the Board of
Trustees of the Village of Poplar Grove, Boone County, Illinois, as follows:
Section 1. Recitals. The foregoing recitals shall be and are hereby
incorporated into and made part of this Ordinance as if fully set forth in this Section 1.
Section 2. Amendment to Title 6, Chapter 2, Section 4, Subsection 4 of
the Village Code. Title 6, Chapter 2, Section 4, Subsection 4, of the Village of Poplar
Grove, Illinois Code of Ordinances shall be amended to read:
If the rates or charges for such services are not paid within thirty (30) days after rendition of the bill for bimonthly service, the village shall notify the owner of the property, in writing, that the bill for such services is past due. This letter will provide a ten (10) day notice that the owner may enter into a payment plan with the village for repayment of the past due service or, in the alternative, if total payment is not made within ten (10) days or a payment plan is not entered into, the village shall notify the owner of the property, the mortgage and lien holders of record, the taxpayer, the local health department and building code enforcement official via certified or registered mail that such services shall be discontinued ten (10) days thereafter and charged a forty five dollar ($45.00) turnoff fee and shall not be
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reinstated until all past due bills including the penalties thereon are paid in full, together with payment made of forty five dollars ($45.00) for reinstating and a forty five dollar ($45.00) turnoff fee for such service. The notice shall also state that upon request the property owner may have a hearing contesting termination of services within the ten (10) day period prior to terminating services. If a termination of service or reinstatement of service is requested voluntarily the same forty five dollar ($45.00) turnoff fee and reinstatement fee shall be required. Any amount due fifty (50) days after the rendition of a bill, unless a payment plan has been agreed to, shall be submitted to collection. All amounts submitted to collection shall have a thirty percent (30%) administrative fee added to the total amount submitted for collection.
For sewer-only customers, if the rates or charges for such services are not paid within thirty (30) days after rendition of the bill for bimonthly service, the village shall notify the owner of the property, in writing, that the bill for such services is past due. This letter will provide a ten (10) day notice that the owner may enter into a payment plan with the village for repayment of the past due service or, in the alternative, if total payment is not made within ten (10) days or a payment plan is not entered into, the village shall notify the owner of the property, the mortgage a lien holders of record, the taxpayer, the local health department and building code enforcement official via certified or registered mail that such services shall be discontinued ten (10) days thereafter. The notice shall also state that upon request the property owner may have a hearing contesting termination of services within the ten (10) day period prior to terminating services. Sewer service may be reconnected to any property upon which is disconnected pursuant to the terms of this title upon payment of all outstanding charges, interest and penalties any payment of all costs and fees incurred by the village in performing the disconnection, as well as any deposits required by the village. If payment is made by check and the check is returned for insufficient funds, sewer service to the property shall be immediately disconnected and remain disconnected until all costs incurred by the village are paid in cash, certified check or money order and all other requirements of this title are complied with. Any amount due fifty (50) days after the rendition of a bill, unless a payment plan has been agreed to, shall be submitted to collection. All amounts submitted to collection shall have a thirty percent (30%) administrative fee added to the total amount submitted for collection.
Section 3. No Other Amendment. Except as expressly modified or
amended in this Ordinance, all other terms, provisions and conditions of the Village
Code shall remain in full force and effect; provided, however, that any provision of the
Village Code shall be deemed modified as necessary to give practical effect to the
provisions of this Ordinance. To the extent that the terms and provisions of this
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Ordinance conflict with the Village Code, the terms and provisions of this Ordinance
shall control.
Section 4. Effective Date. This Ordinance shall be in full force and effect ten
(10) days after its passage, approval and publication as provided by law.
PASSED this ____ day of ___________, 2013.
AYES: ________________________________
NAYS: ________________________________
ABSTAIN: ________________________________
ABSENT: ________________________________ ____________________________ John W. Neitzel
President of the Board of Trustees of the Village of Poplar Grove ATTEST: ____________________________ Martha J. Suhr
Village Clerk
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July 8, 2013
Memo to Village Board
Re: Temporary use of Water Tower
I recently received a call from County Administrator Ken Terrinoni asking if the Village would be willing to
allow an antenna to be temporarily mounted to one of our water towers to benefit North Boone High School.
The County is building a tower to accommodate their need, but it has run into some permitting delays and the
school needs to have communications in place by mid-August. I have attached details of what they are asking
for along with an insurance document showing Poplar Grove as an additional insured. I have also asked for an
indemnity agreement. Gene Crusie, President of MapleNet Wireless, Inc. from Elkhart, Indiana will be travel to
Poplar Grove to discuss the installation with our Public Works personnel, and will be at the Board meeting to
answer questions.
Recommended motion: I move to authorize the Village Administrator to enter into an agreement with
MapleNet Wireless, Inc. of Elkhart, Indiana to install necessary radio transmission equipment on a Village
owned water tower, pending submission of an indemnity agreement.
Thank you,
Mark Lynch
“A Great Place to Call Home”
Office of Village Administrator
Village of Poplar Grove 200 Hill Street
P.O. Box 1
Poplar Grove, Illinois 61065
Phone: (815) 765-3201
Fax: (815) 765-3571
Email: [email protected]
Web: www.villageofpoplargrove.com
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Overview: We need to provide a 300Mbps high capacity wireless link using FCC licensed microwave
frequencies between the iFiber installation at Boone County Public Safety building to North Boone High
School. The plan is for the school district to utilize the new public safety tower forecasted to be
constructed later this fall/winter. The school district needs a temporary solution until the new tower is
constructed. The system design is shown in the image below:
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We would install two 2’ Radiowaves 11Ghz microwave dishes model HP2-11 on the top railing to serve
as a relay between iFiber at Public Safety and North Boone High School. The antennas would each have
one cable run of LMR-400 3/8” coax cable between the antenna and some equipment at the bottom of
the tower. I am attaching spec sheets for the antennas including dimensions and wind-loading. If I am
reading the wind-loading data correctly the maximum force of the antenna on the structure is around
200 pounds in 125mph winds.
We would need to install a small enclosure at the base of the water tower to secure the microwave
radio equipment. The enclosure would need 120vac electrical service and would draw less than 130
watts of power. We are happy to reimburse the village for the electrical power consumption over the
period of time the schools equipment is on the water tower.
Here is a picture of a similar enclosure we would use:
We estimate that the school will need the use of the water tower through December 31, 2013 but the
actual end date is completely dependent upon the completion of construction and acceptance of the
public safety tower in Belvidere.
We would use non-penetrating mounts on the water tower that would not require drilling or welding.
No permanent modifications would be made to the water tank. We would repair any damage clearly
caused by our installation.
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Sample water tower installation in Elkhart, Indiana.
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PR
OL
INE
AN
TE
NN
AS
9
Plane Polarized
HP2-11 2 (60) 33.0 33.4 33.8 3.4 30 61 1.4:1 (15.5)HP3-11 3 (90) 36.5 36.9 37.3 2.2 30 64 1.4:1 (15.5)HP4-11 4 (120) 39.0 39.4 39.8 1.7 30 67 1.4:1 (15.5)HP6-11 6 (180) 42.1 42.5 42.9 1.0 30 70 1.4:1 (15.5)
Dual Polarized
HPD2-11 2 (60) 32.8 33.2 33.6 3.4 30 61 1.4:1 (15.5)HPD3-11 3 (90) 36.3 36.7 37.1 2.2 30 64 1.4:1 (15.5)HPD4-11 4 (120) 38.8 39.2 39.6 1.7 30 67 1.4:1 (15.5)HPD6-11 6 (180) 39.9 42.3 42.8 1.0 30 70 1.4:1 (15.5)
* All specifications subject to change without notice.For regulatory compliances, contact Radio Waves.
Model Diameter Gain, dBi Beamwidth X Pol. F/B VSWR Max.Number ft (cm) Low Mid High Degrees, 3dB Disc., dB Ratio dB (R.L., dB)
10.7 - 11.7 GHZ ELECTRICAL SPECIFICATIONS (typical performance)*
11 GHZ (10.7 - 11.7) HIGH-PERFORMANCE MICROWAVE ANTENNAS
FEATURES
■ Antenna diameters• 2' (60 cm)• 3' (90 cm)• 4' (120 cm)• 6' (180 cm)
■ Antenna weights• 2' 27 lbs. (12.2 kg)• 3' 50 lbs. (22.5 kg)• 4' 85 lbs. (38.3 kg)• 6' 120 lbs. (54.0 kg)
■ HP models: high-performance, plane polarized■ HPD models: dual polarized■ IEC or EIA flanges available■ Direct mounting for RF units available■ Ease of installation: antennas shipped completely
assembled, minimal mount required■ Planar radomes standard with high-performance model■ Rugged and lightweight cast aluminum mount with fine
adjustment for both azimuth and elevation■ Compact size, due to Radio Waves innovative feed design■ Standard white; other colors and/or logos available
on request■ Corrosive resistant: coated aluminum, hot dipped
galvanized steel and stainless steel■ Three year warranty
Radio Waves, Inc.http://www.radiowavesinc.com
79
Radio Waves, Inc. 42 http://www.radiowavesinc.com [email protected]
ANTENNA DIMENSIONS (DETAIL)HP SERIES: HPLP1’ (0.3M), HPCPE 1’ (0.3M) & HP2 (0.6M)
Diameter A B C D E
HPLP1 (0.3m) 13.0 (33.0) 6.1 (15.5) 7.6 (19.3) 11.2 (28.4) 8.9 (22.6)HPCPE (0.3m) 13.9 (35.3) 7.7 (19.6) 9.3 (23.6) 11.2 (28.4) (8.9 22.6)HP2 (0.6m) 24.5 (62.2) 16.2 (41.1) 17.7 (44.9) 11.2 (28.4) 8.9 (22.6)
*Dimensions = inches (cm)
Adjustment Ranges:
Azimuth: Coarse 360° Elevation: Fine +/-30°Fine +/-10°
Mount designed to attach to pipemast between 2.0” (51 mm) and 4.5” (114 mm).
HPLP1 view
HPCPE view
HP2 view
Rear View Side View
A
A
A
2012_Txt 4/11/07 10:20 AM Page 42
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Radio Waves, Inc. http://www.radiowavesinc.com 43978-459-8800 • 978-459-3310 Fax
ANTENNA DIMENSIONS (DETAIL)HP SERIES: 3’ (0.9M), 4’ (1.2M), 6’ (1.80M) & 8’ (2.40M)
Diameter A B C D E F G
3 ft (0.9m) 38.0 (96.5) 17.1 (43.4) 20.1 (51.0) 9.3 (23.6) 17.0 (43.1) N/A 13.4 (34.0)4 ft (1.2m) 50.0 (127.0) 25.2 (64.0) 28.1 (71.4) 16.0 (40.6) 17.0 (43.1) N/A 13.4 (34.0)6 ft (1.8m) 70.0 (177.8) 26.0 (66.0) 38.0 (96.5) 14.0 (35.5) 21.0 (53.3) 29.5 (74.9) 11.0 (27.9)8 ft (2.4m) 99.3 (252.2) 46.0 (116.8) 58.0 (147.3) 32.0 (81.3) 44.3 (112.5) 44.0 (111.8) 7.0 (17.8)
Rear View Side View
*Dimensions = inches (cm)
Adjustment Ranges:
Azimuth: Coarse 360° Elevation: Fine+/-10° (+/-5° 8 ft model only)Fine +/-10° (+/-5° 8 ft model only)
Dimensions based on 4.5” (11.4 cm) pipemast. Mount designed to attach to a 4.5” (11.4 cm) vertical pipemast.
Rear View Side View
6’ view 8’ view
GF
A
BC
D
E
G
AFC
E
DB
3’ and 4’ views
Rear View Side View
2012_Txt 4/11/07 10:20 AM Page 43
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Radio Waves, Inc. 48 http://www.radiowavesinc.com [email protected]
*Dimensions = Inches/cm
ANTENNA WIND FORCES AND LOADSHP & SP SERIES
Fa max 737 lbs. (3278N) Fa max 1680 lbs. (7473N) Fa max 2773 lbs. (12334N)Fs max 365 lbs. (1623N) Fs max 832 lbs. (3700N) Fs max 1422 lbs. (6325N)MT Max 784 ft-lbs. (1063Nm) MT max 2100 ft-lbs. (2847Nm) MT max 4400 ft-lbs. (5965Nm)
Antenna Windloading
4’ (1.2m) 6’ (1.8m) 8’ (2.4m)
Fa Max 46 lbs. (204N) Fa max 202 lbs. (899N) Fa max 403 lbs. (1792N)Fs Max 13 lbs. (58N) Fs max 100 lbs. (445N) Fs max 200 lbs. (890N)MT Max 27 ft-lbs. (36N) MT max 194 ft-lbs. (263Nm) MT max 344 ft-lbs. (466Nm)
Antenna Windloading
1’ (0.3m) (HPLP1 & HPCPE) 2’ (0.6m) 3’ (90 cm)
SP Series Windloading
Without Radome Without Radome Without RadomeFa max 855 lbs. (3803N) Fa max 1768 lbs. (7865N) Fa max 3795 lbs. (16940N)Fs max 45 lbs. (200N) Fs max 98 lbs. (436N) Fs max 1115 lbs. (4980N)MT Max 1120 ft-lbs. (1518Nm) MT max 2270 ft-lbs. (3077Nm) MT max 4800 ft-lbs. (6508Nm)
With Radome With Radome With RadomeFa max 469 lbs. (2087N) Fa max 973 lbs. (4329N) Fa max 2773 lbs. (12334N)Fs max 93 lbs. (414N) Fs max 162 lbs. (721N) Fs max 1422 lbs. (6325N)MT max 784 ft-lbs. (1063Nm) MT max 2100 ft-lbs. (2847Nm) MT max 4400 ft-lbs. (5966Nm)
Loading applied to tower at survival windspeed of 125 mph (210km/h)
SP Series Windloading
Without Radome Without RadomeFa Max 46 lbs. (204N) Fa max 222 lbs. (988N) Fa max 492 lbs. (2189N)Fs Max 13 lbs. (58N) Fs max 14 lbs. (62N) Fs max 40 lbs. (178N)
MT max 225 lbs. (305Nm) MT max 545 lbs. (739Nm)With Radome With Radome
Fa max 122 lbs. (543N) Fa max 271 lbs. (1206N)Fs max 24 lbs. (107N) Fs max 64 lbs. (285N)MT max 194 ft-lbs. (263Nm) MT max 394 ft-lbs. (534Nm)
HP Series SP Series
Please see Page 49 for information on Side Struts.
2012_Txt 4/11/07 10:20 AM Page 48
82
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCETHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).CONTACTPRODUCERNAME:
FAXPHONE(A/C, No):(A/C, No, Ext):
E-MAILADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSR WVD
GENERAL LIABILITY EACH OCCURRENCE $DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence)
CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
PRO- $POLICY LOCJECTCOMBINED SINGLE LIMITAUTOMOBILE LIABILITY(Ea accident) $
BODILY INJURY (Per person) $ANY AUTO
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS
$
UMBRELLA LIAB EACH OCCURRENCE $OCCUR
EXCESS LIAB CLAIMS-MADE AGGREGATE $
$DED RETENTION $
WC STATU- OTH-WORKERS COMPENSATIONTORY LIMITS ERAND EMPLOYERS' LIABILITY
Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05)
MAPLE-3 OP ID: 8G
07/02/13
Phone: 574-293-9571Cassady, Neeser & Brasseura Member of The Horton Group219 S. Third StreetElkhart, IN 46516John Ball
Fax: 574-294-8937
Amerisure Companies
AmerisafeMaplenet Wireless Inc.Commercial Broadband SolutionsMNW Telecom4561 Pine Creek Rd.Elkhart, IN 46516
1,000,000
A X X CPP2066088 01/01/13 01/01/14 100,000
X 5,000
1,000,000
2,000,000
2,000,000
Emp Ben. 1,000/1,000
1,000,000
A X CA2066087 01/01/13 01/01/14
X X
X X 5,000,000
A CU2066474 01/01/13 01/01/14 5,000,000
X 0
X
B AVWCIN1981582011 01/01/13 01/01/14 500,000
500,000
500,000
The Village of Poplar Grove Illinois is included as Additional Insured on General Liability ATIMA with respect to operations of the Named Insured.
VILLPOP
Village of Poplar GroveIllinois200 Hill StreetPO Box 1Poplar Grove, IL 61065
83
ORDINANCE NO. ____
AN ORDINANCE AUTHORIZING REQUEST FOR BIDS AND THE SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE OF
POPLAR GROVE _______________________________________________________
WHEREAS, the Village of Poplar Grove (“Village”) owns certain items of
personal property; and
WHEREAS, Section 11-76-4 of the Illinois Municipal Code, 65 ILCS 5/11-76-4,
authorizes the Village to sell or list for sale personal property which is no longer
necessary or useful to, or for the best interests of the Village; and
WHEREAS, in the opinion of the corporate authorities of the Village of Poplar
Grove it is no longer necessary or useful to, or for the best interests of the Village of
Poplar Grove to retain the following described personal property:
2000 Chevrolet 3500 Service Truck
Derby Stallion ZT2354 Zero Turn Mower
New Holland Skid Loader
Miscellaneous Office Chairs (9)
Dorm Room Size Refrigerator
Large Wood Office Desk with Six Drawers
7 ft. Artificial Christmas Tree
Portable Radio / Cassette / CD Player
Very Small Portable TV
Voting Booth Framework
(hereinafter “Sale Property”); and
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WHEREAS, the corporate authorities now wish to place the Sale Property up for
public bid; and
WHEREAS, the corporate authorities intend to advertise the Sale Property in the
Boone County Journal and run the advertisement once per week for a minimum of two
(2) weeks;
WHEREAS, it is the intention of the corporate authorities upon receipt of the bids
to sell Sale Property at an amount no lower than the amount determined by the bids
received as an appropriate sale price;
NOW, THEREFORE, BE IT ORDAINED by the Village President and the
Board of Trustees of the Village of Poplar Grove, Boone County, Illinois, as follows:
Section 1. The foregoing recitals are incorporated herein by reference.
Section 2. Pursuant to Section 11-76-4 of the Illinois Municipal Code, 65 ILCS
5/11-76-4, the Village President and Village Board find that the Sale Property is no
longer necessary or useful to the Village and the best interest of the Village will be
served by its sale.
Section 3: Pursuant to said Section 11-76-4, the Village Administrator is hereby
authorized and directed to advertise for public bid the sale property as outlined above.
Section 4. Effective Date. This Ordinance shall be in full force and effect upon
its approval, passage and publication as provided by law.
PASSED UPON MOTION BY SECONDED BY BY ROLL CALL VOTE THIS DAY OF , 2013 AS FOLLOWS:
85
- 3 -
VOTING “AYE”:
VOTING “NAY”:
ABSENT, ABSTAIN, OTHER
APPROVED________________________, 2013 ATTEST: CLERK VILLAGE PRESIDENT
86
July 8, 2013
Memo to Village Board
Re: Administrative Hearing Officer
This Ordinance has been referred to the Board by the Administration Committee. Many other local
municipalities utilize an Administrative Hearing Officer to hear local code violation matters. This avoids
County Court and means the fines and court costs remain in the Village. The estimated cost is $170 per hour for
the Administrative Hearing Officer plus an hour for the Village Attorney (who is already traveling to the
County Court House for these matters), and I believe, based on discussion with Counsel, that one hour every
two to three months will cover the needs of the Village. I also believe the revenues retained within the Village
will more than offset the cost of the Hearing Officer.
Thank you,
Mark Lynch
“A Great Place to Call Home”
Office of Village Administrator
Village of Poplar Grove 200 Hill Street
P.O. Box 1
Poplar Grove, Illinois 61065
Phone: (815) 765-3201
Fax: (815) 765-3571
Email: [email protected]
Web: www.villageofpoplargrove.com
87
ORDINANCE NUMBER: __________
AN ORDINANCE OF THE VILLAGE OF POPLAR GROVE, ILLINOIS AMENDING
TITLE 5 HEALTH AND SANITATION TO ADD THE ESTABLISHMENT OF
CHAPTER 8 CODE ENFORCEMENT HEARING DIVISION FOR ADMINISTRATIVE
ENFORCEMENT OF CODE VIOLATIONS
WHEREAS, the Village of Poplar Grove, Illinois (“Village”) is confronted with the issue
of properties within the Village being maintained in conditions which violate State and local
laws, ordinances and regulations, including, but not limited to, violations of building codes,
property maintenance codes, and the Illinois Motor Vehicle Code; and
WHEREAS, the Village is authorized by State statute (65 ILCS 5/11-31.1 et seq.) to
establish a Code Hearing Division to expedite the prosecution and correction of code violations;
and
WHEREAS, the Village has set forth the process, procedure and rules which shall
govern the Village’s administration of said Code Hearing Division and has memorialized the
same herein; and
WHEREAS, the Village has determined that the establishment of said Code Hearing
Division is in the best interest of the Village and its citizens.
NOW THEREFORE, be it ordained by the Village President and Village Board of the
Village of Poplar Grove, Illinois as follows:
1. The above recitals are incorporated herein and made a part hereof.
2. That Title 5 of the Village Code of Ordinances governing Health and Sanitation is hereby
amended to create a new Chapter 8 to be entitled “Code Enforcement Hearing Division”
with said Chapter to read as follows:
CHAPTER 8 CODE ENFORCEMENT HEARING DIVISION
ADMINISTRATIVE ENFORCEMENT
CODE HEARING DIVISION
SECTION 5-8-1. DEFINITIONS. As used in this Chapter, unless the context requires
otherwise, the following terms are defined below:
Code Inspector: A full-time Village employee whose duties include the inspection or
examination of structures or property in the Village to determine if code violations exist.
Property Owner: The legal or beneficial owner of a property with or without a structure
appurtenant thereto.
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Code: Any Village of Poplar Grove Ordinance, Law, Housing or Building Code or zoning
ordinance that establishes construction, plumbing, heating, electrical, fire prevention, sanitation
or other health and safety standards that are applicable to structures or such ordinance that
requires, after notice, the cutting of weeds, the removal of garbage and debris, the removal of
inoperable motor vehicles, or the abatement of nuisances from private property in the Village of
Poplar Grove.
Administrative Hearing Officer: An independent contractor, not a Village employee, officer or
agent of the Village, appointed pursuant to the requirements as set forth in Chapter 8 of this Title
5, whose duty it is to:
A. Preside at an administrative hearing called to determine whether or not a code
violation exists.
B. Hear testimony and accept evidence from the Code Inspector, the Property Owner, and
all interested parties relative to the existence of a code violation;
C. Preserve and authenticate the transcript and record of the hearing and all exhibits and
evidence introduced at the hearing;
D. Issue and sign a written finding, decision, and order stating whether a code violation
exists.
SECTION 5-8-2. CODE HEARING DIVISION ESTABLISHED. The Village hereby adopts
division 31.1- Building Code violations 65 ILCS 5/11-31.1, and all amendments and
modifications thereto and establishes a Code Hearing Division and in conjunction with the
Village Attorney acting as its legal department. The function of the Code Hearing Division is to
expedite the prosecution and correction of code violations in the manner set forth in this Chapter.
SECTION 5-8-3. HEARING PROCEDURES NOT EXCLUSIVE. This Chapter does not
preclude the Village from using other methods to enforce the provisions of its Code.
SECTION 5-8-4. INSTITUTING CODE HEARING PROCEEDINGS.
A. When a Code Inspector finds a code violation while inspecting a property or structure,
s/he shall note the violation on the multiple copy violation notice and report form indicating the
name and address of the violation, the date and time the violation was observed, the names of
witnesses to the violation, the address of the structure or property where the violation is
observed, and that the violation will be prosecuted pursuant to Title 5 of the Village Code.
B. The violation report form shall be forwarded by the Code Inspector to the Code
Hearing Division where a docket number shall be stamped on all copies of the report and a
hearing date noted in the blank spaces provided for that purpose on the form. The hearing date
shall not be less than thirty (30) nor more than forty (40) days after the violation is reported by
the Code Inspector.
89
C. One copy of the violation report form shall be maintained in the files of the Code
Hearing Division and shall be part of the record of hearing; one copy of the report form shall be
returned to the Code Inspector so that s/he may prepare evidence of the Code violation for
presentation at the hearing on the date indicated; and one copy of the report form shall be served
by first class mail on the Property Owner, along with a Summons commanding the Property
Owner to appear at the hearing. If the name of the Property Owner cannot be ascertained, or if
service on the Owner cannot be made by mail, service may be made on the Owner by posting or
nailing a copy of the violation report form on the front door of the structure where the violation
is found or otherwise conspicuously posting Notice on the property not less than twenty (20)
days before the hearing is scheduled.
SECTION 5-8-5. SUBPOENAS; DEFAULT. At any time prior to the hearing date the hearing
officer assigned to hear the case may, at the request of the Code Inspector, or the attorney for the
Village, or the Property Owner or his attorney, issue Subpoenas commanding witnesses to
appear and give testimony at the hearing. If, on the date set for the hearing the Property Owner or
his attorney fails to appear, the Hearing Officer may find the Property Owner in default and shall
proceed with the hearing and accept evidence to the existence of a code violation.
SECTION 5-8-6. CONTINUANCES, REPRESENTATION AT CODE HEARINGS. No
continuances shall be authorized by the Hearing Officer in proceedings under this Chapter except
in cases where a continuance is absolutely necessary to protect the rights of the Property Owner.
Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a
Hearing Officer under this Chapter shall not exceed twenty-five (25) days. The case for the
Village may be presented by the Code Inspector, by any other Village Employee, or by an
attorney designated by the Village. However, in no event shall the case for the Village be
presented by an employee of the Code Hearing Division. The case for the Property Owner may
be presented by the Property Owner, his attorney, or any other agent or representative.
SECTION 5-8-7. HEARINGS; EVIDENCE.
A. Hearing shall be held as necessary, not to exceed once per month.
B. At the hearing, a Hearing Officer shall preside and shall hear testimony and accept
any evidence relative to the existence or non-existence of a code violation. The strict
rules of evidence applicable to judicial proceedings shall not apply to hearings
authorized by this Chapter.
C. The Village Clerk shall prepare the hearing dockets, and maintain the hearing files,
including transcripts and records of all hearings and all exhibits and evidence
introduced at the hearings.
SECTION 5-8-8. EVICTIONS; RIGHTS OF OCCUPANTS. No action for eviction, abatement
of a nuisance, forcible entry and detainer or other similar proceedings shall be instituted or
threatened against an occupant of a dwelling solely because such occupant agrees to testify or
testifies at a code violation hearing.
90
SECTION 5-8-9. DEFENSES TO CODE VIOLATIONS. It shall be a defense to a code
violation charged under this Chapter if the Property Owner, his attorney, or any other agent or
representative proves to the Hearing Officer’s satisfaction that:
A. The code violation alleged in the notice does not in fact exist, or at the time of the
hearing the violation has been remedied or removed;
B. The code violation has been caused by the current occupant, and that, in spite of
reasonable attempts by the Owner to maintain the property free of such violations, the current
occupants continue to cause the violations;
C. An occupant or resident of the property has refused entry to the Owner or his agent to
all or a part of the property for the purpose of correcting the code violation.
SECTION 5-8-10. FINDINGS, DECISIONS, ORDER. At the conclusion of the hearing, the
Hearing Officer shall make a determination on the basis of evidence presented at the hearing
whether or not a code violation exists. The determination shall be in writing and shall be
designated as Findings, Decision & Order. The Findings and Order shall include the Hearing
Officer’s findings of facts, a decision whether or not a code violation exists based upon the
findings of fact, and an Order ordering the owner to correct the violation or dismissing the case
in the event a violation is not proved. If a code violation is proved, the Order may also impose
the sanctions that are provided in the code for the violation proved. A copy of the Findings,
Decision and Order shall be served on the Property Owner within five (5) days after they are
issued; service shall be in the same manner as the Report form and Summons are served pursuant
to Section 5-8-4. Payment of any penalty or fine and the disposition of fine money shall be in the
same manner as set forth in the Code.
SECTION 5-8-11. REVIEW UNDER ADMINISTRATIVE LAW. The findings, decision and
order of the Hearing Officer shall be subject to review in the Circuit Court of Boone County, and
the provisions of the administrative review law, and all amendments and modifications thereto,
and the rules adopted pursuant thereto are adopted and shall apply to and covering every action
for the judicial review of the final findings, decision and order of a Hearing Officer under this
Chapter.
SECTION 5-8-12. JUDGMENT ON FINDINGS, DECISION, ORDER.
A. Any fine, other sanction or costs imposed or part of any fine, other sanction or costs
imposed remaining unpaid after the exhaustion of, or the failure to exhaust judicial review
procedures under the administrative review law shall be a debt due and owing the Village, and as
such may be collected in accordance with applicable law.
B. After expiration of the period within which Judicial Review under the administrative
review law may be sought for a final determination of the code violation, the Village may
commence a proceeding within the Circuit Court of Boone County for purposes of obtaining a
judgment on the Findings, Decision and Order. The Village may consolidate multiple Findings,
Decisions and Orders against a person in such proceedings. Upon commencement of the action,
the Village shall file a certified copy of the Findings, Decision and Order which shall be
accompanied by a certification that recites faces sufficient to show that the Findings, Decision
and Order was issued in accordance with this Chapter and the applicable State Laws. Service of
91
the Summons and a copy of the Petition may be by any method provided by Section 2-203 of the
Code of Civil Procedure, or by certified mail, return receipt requested; provided that the total
amount of fines, other sanctions or costs imposed by the findings, Decision and Order does not
exceed Two Thousand Five Hundred Dollars ($2,500.00). If the Court is satisfied that the
Findings, Decision & Order were entered in accordance with the requirements of this Chapter
and the applicable State law, and that the Property Owner had an opportunity for a hearing under
this Chapter and for judicial review as provided in this Chapter, the Court shall render judgment
in favor of the Village and against the Property Owner for the amount indicated in the Findings,
Decision and Order plus costs. Such judgment shall have the same effect and may be enforced in
the same manner as other judgments for the recovery of money and the Court may also issue
such other Orders and Injunctions as are requested by the Village to enforce the Order of the
Hearing Officer to correct a violation.
SECTION 5-8-13. APPLICABLE TO OWNER; PROPERTY. The order to correct a code
violation and the sanctions imposed by the Village as the result of a finding of a code violation
under this Chapter shall attach to the property as well as to the Owner of the Property, so that a
Finding of a Code Violation against one owner cannot be avoided by conveying or transferring
the property to another owner. Any subsequent transferee or owner of the property takes subject
to the Findings, Decision and Order of a Hearing Officer under this Chapter.
3. That Title 1 Administration, of the Village Code of Ordinances is hereby amended to add
Chapter 6H such that the position of Administrative Hearing Officer is hereby created to hear
and adjudicate allegations of code violations brought by the Village and to impose fines, costs
and penalties for such violations as are proven. The Administrative Hearing Officer shall be
appointed by the Village President and the Village President hereby is authorized and
empowered to appoint, with the advice and consent of the Village Board, an individual or firm to
provide the services of Administrative Hearing Officer as an independent contractor on a part-
time basis with such individual or firm to serve at the pleasure of the Village President. The
position of Administrative Hearing Officer shall not be a civil service position and the Village
President shall have the authority to remove, replace or reappoint such individual or firm from
time to time as he, in his sole discretion, may choose with any new appointment subject to the
advice and consent of the Village Board.
3. _____________________ is hereby appointed by the Village President (and with the
advice and consent of the Village Board) to serve as the Administrative Hearing Officer.
4. Except as amended in this Ordinance, all other provisions and terms of Village Code of
Ordinances shall remain in full force and effect as previously enacted except that those
ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such
conflict.
5. This Ordinance shall be in full force and effect after its approval, passage and publication
in pamphlet form as required by law.
92
PASSED UPON MOTION BY
SECONDED BY
BY ROLL CALL VOTE THIS DAY OF , 2013
AS FOLLOWS:
VOTING “AYE”:
VOTING “NAY”:
ABSENT, ABSTAIN, OTHER
APPROVED________________________, 2013
ATTEST:
CLERK VILLAGE PRESIDENT
93
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June 2013 Administrator’s Report (for 07/08/13 Village Board meeting)
Union: The negotiation team met with the Union on June 26. Little progress was made, with the Union
spending most of the meeting asking questions concerning Village proposals and providing no responses or
counter proposals. Our negotiation committee continues to meet and discuss issues. Our next meeting with the
Union is scheduled for July 22.
Grants: I am waiting for notification concerning the DCEO grant that was applied for to be used for storm
water improvements, and the $10,000 grant for a Pavillion next to Veterans’ Memorial Park. I have also applied
for a $750 grant for a bike rack by the trail at Memorial Park.
Collections: Collections are proceeding with many late accounts being brought up to date. Disconnections were
performed on July 2nd
and most of those accounts are now paid and reconnected. An additional benefit of our
current process is that it is aiding staff in determining correct ownership of properties.
Insurance / Lion’s Park: I met with the Insurance Risk Agent and Ron Maxey at Lion’s Park to discuss the
necessary repairs to playground equipment. The meeting went well. The insurance rep was cooperative with the
Lion’s efforts to make corrections, and was willing to work with them on time to accomplish tasks. The Lion’s
were likewise willing to correct safety concerns.
Parks & Rec Clean-ups: Our June 22nd
clean-up was a rain out, but a group met on June 29th
and cleaned up a
section along the trail behind the old grain elevator. There was still rain, but the group was able to fill one
dumpster with debris. Additional work will be necessary in this area.
Arboretum: Trees have been mulched and staked and are doing well.
Growth Dimensions: I attended the May Board meeting of Growth Dimensions. Kelly Gulluzo has been hired
as the new Director replacing Mark Williams who has accepted a position in Rockford.
General: I have been working on code review and associated recommendations to committees. In addition to
the Board meeting, Admin Committee meeting and Finance Committee meeting I have been attending Planning
and Zoning meetings, Staff meetings, Parks Advisory meetings, Clean-Up activities, RMAP meetings, Growth
Dimensions meetings, etc.
“A Great Place to Call Home”
Office of Village Administrator
Village of Poplar Grove 200 Hill Street
P.O. Box 1
Poplar Grove, Illinois 61065
Phone: (815) 765-3201
Fax: (815) 765-3571
Email: [email protected]
Web: www.villageofpoplargrove.com
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