President Michels opened the Meeting of the Board of Trustees at 6:00 p.m. and asked Trustee Bohler to lead the Pledge of Allegiance. President Michels then asked that the roll be called.

Village Administrator Brent Eichelberger, Clerk Cynthia Welsch, Chief Brad Sauer, Finance Supervisor Penny Payton, and Community Development Director Scott Buening.

None

President Michels asked that the Board ratify the appointment of Mr. Thomas Renk to the Plan Commission. Trustee Geary moved to ratify the appointment of Mr. Thomas Renk to the Sugar Grove Plan Commission. Seconded by Trustee Wolf. President Michels then called for a voice vote. All members in attendance voted aye in a voice vote. Motion Carried.

President Michels called for public comment. No one stepped forward and President Michels closed this portion of the agenda.

Trustee Johnson moved to approve the consent agenda as presented. Trustee Williams seconded the motion. President Michels then asked that the roll be called.

Sugar Grove Park District President Steve Siebert showed the Board a layout of the proposed trailer for the Park District to be located at Volunteer Park near the Pavilion. Karen Pritchard, Recreation Director explained the amenities that would be added such as an awning, skirting, lattice and vegetation to enhance the appearance. Trustee Clark asked the cost per year. Ms. Pritchard answered it is $200.00 per month plus set up costs. Trustee Geary asked if the Park District had explored other options for rentals of buildings within the Village. Mr. Siebert answered yes, but non were as economical. Additionally having a separate building in a central location in a park is ideal for the Park District. Trustee Clark expressed concerns with vandalism. Mr. Siebert stated they would be looking into alarming the building. Ms. Prichard stated that the Park Districts presence should deter some vandalism. Trustee Johnson stated she thought the location was ideal, not the trailer, but the location. Trustee Wolf stated he was in favor of the trailer, but for no more than 2 years and with some added security. President Michels stated he would rather see the trailer moved back farther. Trustee Geary asked if the traffic would interfere with the School. Ms. Pritchard stated no, the traffic would not be able to access the school lot when school was in session as barricades are put up. Trustee Geary further asked if the location would disrupt corn boil. Ms. Pritchard stated she had spoken to the Corn Boil Chairman and the trailer will be used as headquarters during Corn Boil. Trustee Johnson moved to approve the location of the Park District Trailer as recommended by Staff. Trustee Bohler seconded the motion. President Michels called for any further discussion and hearing none asked that the roll be called.

Trustee Wolf moved to approve the Resolution Authorizing the Signing of an Agreement with Commonwealth Edison. Trustee Johnson seconded the motion. Trustee Bohler stated that did not agree that this agreement was in the best interest of the residents. Trustee Johnson stated that it does not address other vegetation that trees. Trustee Wolf stated that he felt ComEd would do what they wanted anyway and that it was in the best interest of the Village of have an agreement that gives some protection and an appeal process. Trustee Williams, Clark, and Geary agreed with Trustee Wolf. President Michels called for any further discussion and hearing none asked that the roll be called

Trustee Johnson moved to approve the Resolution Appointing a Delegate and an Alternate to IRMA. Trustee Clark seconded the motion. President Michels called for discussion and hearing none asked that the roll be called

Trustee Geary moved to adopt an Ordinance Amending Title 3, Chapter 2 of the Village of Sugar Grove Code of Ordinance. Trustee Johnson seconded the motion. Clerk Welsch explained that this amendment amended hours of sale only from 8 a.m. to 2 p.m. The other proposed amendments would be discussed at a later date. Local Businesses and the Chamber of Commerce will receive a copy of this ordinance as well as the proposed amendments. President Michels called for any further discussion and hearing none asked that the roll be called

Trustee Geary moved to adopt an Ordinance Establishing Regulation of Tobacco Products. Trustee Johnson seconded the motion. The Board President Michels called for any further discussion and hearing none asked that the roll be called

None.

President Michels thanked the staff for having the new map installed in the Board Room. President Michels also stated that he, Administrator Eichelberger and Development Director Buening had met with Kane County Chairman, Mike McCoy, and the meeting was eventful. Mr. McCoy came away with a better understanding of the Village’s intentions on growth.

Development Director Buening stated that he had attended a NIPC meeting and they indicated they would like to have a meeting with the Village Board to red the "Paint the Town" exercise. Trustee Johnson asked how long the process was. Mr. Buening stated a couple of hours.

Trustee Clark stated that he had been approached by some residents of Carriage Hill concerning the proposed bike path around the detention pond nearest Wheeler Road in the Windsor West Subdivision. The Board discussed the path and agreed that it should either be eliminated or lowered. The path could be eliminated and additional landscaping put in. Staff will contact the developer to have them at the next Committee of the Whole for discussion on this issue.

Trustee Bohler inquired as to the status of the vacating of Easement for access rights on Route 47. Director Buening stated that the Village has been in contact with its legislators. IDOT has however agreed that the extension of Galena Boulevard will be allowed.

President Michels stated that several Board members have been selected for the Economic Development Corporation. This Board will soon begin the process to hire a director. Mr. Maroo will continue to contact other prospects.

Trustee Geary asked if the Board would consider using a company to work the EDC as opposed to a person. President Michels stated the Corporation Board would make the decision; this may be one of the Options.

Cliff Dreyer, 325 Maple Street addressed the Board with his concerns of inadequate drainage flow caused by the berm near his residence and the weeds on the berm. Mr. Dreyer asked that the Board consider having the Berm removed and to in the mean time start fining the owner for non-compliance with the weed ordinance.

The Board stated they would have staff look into these concerns. Trustee Geary asked that the staff also look into having the weeds/grass trimmed at the business formerly known as Simply Delicious on the corner of Cross and Main Street.

Mr. Rich asked if he could address the Board at this time. President Michels asked Mr. Rich to hold his comments until his property matter came up on the Committee of the Whole agenda.

As there was no further business President Michels called for a motion of adjournment at 7:05 p.m. Motion made by Trustee Johnson and Seconded adjourned the Regular Session of the Village Board at 6:35 p.m. and announced that there would be a short break until 7:15 at which time the Committee of the Whole meeting would convene.

The Committee of the Whole convened at 7:15 p.m. The Roll was then called.

President Michels, Trustee Geary, Trustee Wolf, Trustee Johnson, Trustee Bohler, Trustee Clark, and Trustee Williams.

Village Administrator Brent Eichelberger, Clerk Cynthia Welsch, Chief Brad Sauer, Finance Supervisor Penny Payton, and Community Development Director Scott Buening.

President Michels explained to all present that this item was put on the agenda for discussion purposes only and no decision would be made this evening.

President Michels then asked that anyone in the audience that wished to speak to the issue be recognized. Mr. James Rich, owner of the business located at 270 Main Street Sugar Grove Illinois presented to the Board information he located on the Internet, which highlighted the Aurora Tourism Council and his establishment, which is advertised by the Council. Mr. Rich asked that the Board amend the 500-foot sound rule in his special use, look into the outdoor storage in business surrounding his. Mr. Rich stated that he felt staff for non-compliance of his sign threatened him. President Michels asked that Mr. Rich hold further comments until he and the Board had a chance to hear from the residents.

Mr. Sackett of 588 Brookhaven stated that he lives 980 feet from the Retreat and that he could hear the music at his residence, indoors with the windows closed. When he went outside the music was very loud. Mr. Sackett stated that he felt the Special Use was very clear-cut that no sound could be heard farther than 500 feet at any time and not just after 11:00 p.m. Mr. Sackett asked if it was a law or a suggestion. Mr. Sackett stated that it doesn’t appear that Mr. Rich care about the neighbors or their rights.

Mrs. Sackett of 588 Brookhaven stated that when the Police were called they were informed that music could be played until 11 p.m. The officers did not see to be aware of the Special Use. The residents came to the Village Board last year and thought that the problem was resolved.

Mr. Blair Peters of 548 Brookhaven stated that the too heard the music, he further stated that last year when the Special Use was approved, Trustee Clark stated that he knew tat the resident would be back as the area is not conducive to music. Mr. Peters stated we tried to work it out, concerns were expressed and time spent to try to resolve the problem, however, no the residents get to come back, get to go back to court. None of them like to take the time off of work to go to court, however, they will. Mr. Peters stated that he called the Retreat and spoke with the sound guy however they could not come up with a solution. Mr. Peters asked the Board to work something out or revoke the Special Use so that the residents don’t have to spend their summer at Board meetings. Mr. Peters further stated that Mrs. Ogle, the closest neighbor could not be in attendance however asked him to express her concerns.

Chief Sauer stated that the Police Department has no authority to shut down the Retreat. All the Police department can do is to written an ordinance violation. No tickets were issued as the department wanted to see what the Board would decide.

Mr. Peters asked that tickets be issued if father violations occurred. Chief Sauer stated he would like to hear what the Board desired prior to issuing citations.

Trustee Johnson asked what the time frame would be for a hearing if one to be called. Community Development Director Buening stated that typically all hearing must give a 15-day notice. Trustee Johnson asked if no action could be taken for 15 days then how could the rights of the citizens be protected in the interim.

Director Buening stated that all that can be done is to issue citation. Chief Sauer stated that he felt it was better to come before the Board to eliminate making the homeowners come to court. This process would take 15 to 30 days (if the matter were to go before the court system).

Trustee Clark asked if he Board could close the establishment or the music portion at this time. Mr. Buening answered no, a hearing must be held and proper notice must be given to address the alleged Special Use Violation.

President Michels then asked Mr. Rich if he had any further comments. Mr. Rich stated that this is not an at large group, just a few that are complaining. Mr. Richard further stated that he needs a tool for measurement of noise as he had asked of the Board earlier. The Board at that time stated Mr. Buening was on vacation and after words Scott never contacted him. He made an effort, attending a meeting but to try to set up testing but someone doesn’t like J.R’s. The 500 feet limit should be scratched, as this is on 3 hours 2 nights a week and is not harmful. Mr. Rich stated he felt he was be harassed and so was the Board. Mr. Peters in his opinion has a conspiracy against J.R.’s. Mr. Rich again stated that the 500 feet should be done away as people were laughing at the Board. Mr. Rich stated that he had been contacted by local real estate agencies and that his business was helping to sell houses. Mr. Rich asked that it be on record that President Michel was at his place of business when it opened and Mr. Rich was hanging lights and wished him success. Mr. Rich stated that a majority was needed to defy his business and this showing was not a majority in this third largest town. The Retreat is a nice place.

Trustee Wolf stated that the Special Use option # 3 is clear that no music should be heard farther than 500 feet. Even if it affects one person’s rights that person has the right to complain and be heard. Trustee Wolf state that he wants the business to succeed but Mr. Rich should remember that everyone is entitled to their enjoyment even the enjoyment of a nice quiet peaceful night at home. The noise should be contained.

Trustee Clark stated that parameters were given to resolve this issue last year and he did not vote favorable because the property is not conducive to outside entertainment.

Trustee Johnson stated that success was desired for the establishment however not at the detriment of residents even if just one. Parameters were given and they need to be followed. Trustee Johnson asked that a hearing be scheduled as soon as possible so that both Mr. Rich and the residents could be heard formally and some resolution are achieved.

Trustee Bohler stated that outdoor noise couldn’t be controlled. The music should be turned off if you can hear it more than 500 feet.

Mr. Rich stated that the noise from the trucks speeding, which are never ticketed, is louder as they don’t have mufflers. This is only for 3 hours. Mr. Rich again asked that the 500 feet limit be removed and testing be performed. The Board is not being reasonable; nothing is being done intentionally Mr. Rich stated he just needs a justifiable means to measure the music level.

The Village Board asked staff to check into the hearing procedure and to notify all involved when the hearing would be held.

Clerk Welsch stated that the prevailing wage must be adopted each June as required by state statue. The prevailing wage is established by the state and that local amendments can be adopted. The only local amendment that may be proposed is for landscapers. If information is received prior to the next meeting the amendment will be presented at that time, other wise the ordinance will be proposed for adoption as submitted this evening.

Clerk Welsch presented a draft of a resolution allowing two non-for profits, the Lions Club and the Sugar Grove Fire Fighters to sell alcoholic beverages at the Corn Boil.

Trustee Wolf stated he was no in favor of liquor sales at the Corn Boil, especially as second vendor. This event should be a family event. At the least the consumption should be limited to a contained areas is traditionally done at other festivals.

Trustee Johnson disagreed, as it seems when a "beer garden" is set up then people who attend then go in and drink more and don’t socialize and eat.

Trustee Bohler stated he felt it was fine, as it has been done in the past (the security for the liquor sales).

President Michels stated that there have been no alcohol related problems in the past.

The Board discussed the hours and asked that the sales be cut off ½ hour prior to the closing of the event and that specific drinks be allowed, only beer, win and frozen drinks. This item will be placed on the June 17, 2003 agenda for approval.

Clerk Welsch presented an amended computer use policy. The Board agreed with the policy as presented and directed that it be placed on the June 17^th, 2003 agenda for adoption.

Trustee Geary moved to adjourn to Closed Session to discussion Land Acquisition, Litigation, and Personnel as per the Exception to the Open Meetings Act and to adjourn the Regular Meeting. Trustee Johnson seconded the motion.  

Meeting was adjourned at 8:55 p.m.