The regular monthly meeting of the Village Board of Colfax was called to order at 7:00 p.m. on Monday evening, December 5, 2011 by Mayor Ricardo Onken.

Trustees present were:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye;

Also present were:  Village Treasurer Linda Hanson; Village Attorney Tom Shields; Police Chief Mike Scott; Superintendent Damon Getty

Trustee Rick Vance made a motion to dispense with the reading of the minutes and approve as presented.  Trustee David Rathke seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

Village Treasurer Linda Hanson gave the Treasurer's Report for the month of November, 2011.  Beginning Balance as of 11/1/11  -  $73,534.98;  Ending Balance as of 1130/11  -  $70,485.38;  Decrease for November, 2011  -  ($3,049.60)

There was $1,000.00 paid on the loan at Peoples State Bank of Colfax.

Trustee Lonnie Meiner made a motion to pay the bills as presented.  Trustee Carol Stephenson seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

Finance and Audit Committee Chairman, Trustee Lonnie Meiner reported that there has been a significant savings this month on the sewer power bill.  Looks like a favorable situation there.

Lonnie stated we are getting the money from the cellular tower.  Lonnie stated that we discussed at the Finance Committee meeting just prior to our meeting a few things about the possible move next door for our offices.  Looks like it will be a positive move.  There is nothing for or against it.  There will be more discussion and ;possib le vote later on in the meeting.

Lonnie stated that there has been an increase in Sales Tax Revenue for the past three or four months of approximately $2,000.00 increase.

Rick Wagoner asked Lonnie about the wind towers that were to go north of town.  That has been put on hold until they find someone to buy the electricity from them.

Ric Onken reported that Nancy turned in the last report for the DCEO Grant.  Ric also reported that he talked to the Ameren guy and that all I have to do is sign the papers and they will cut a check.  Ric reported that since there was such a significant savings at the sewer plant it could be more since the grant is based on the savings.

Lonnie stated that we received the insurance money from the claim that we had for the power surge problem.

Police and Liquor Committee Chairman and Trustee David Rathke reported that the Activity Report for the month of November, 2011 is in the folders.

Dave asked Mike Scott how his grant writing class was.  Mike stated it was worthwhile and he learned a lot of things.  Mike stated it was based on the actual writing of the grant.  Mike stated that each grant reviewer has a set number of minutes to review each grant.

Mike stated there are two different sources for grants.  1.  State or Federal Grants; 2.  Foundation Grants - there are $68 billion worth of grants each year.  These are practically dollar for dollar.

Mike reported about Christie Collier.  She was here last year for community service.  Mike explained what she did last year for her Community Service.  She fed thirty (30) people Thanksgiving Day meals.  Mike stated she called this year and offered to do the same thing.  Mike stated she fed thirty-two (32) people this year.  Mike thinks it would be a nice jester to do a nice thank you letter from the Board.

Chairman of the Water and Sewer Committee, Trustee Rick Wagoner had nothing to report at this time.

Chairman of the Streets and Lights Committee, Trustee Carol Stephenson re3ported thaqt got some of the potholes filled.

Carol stated that we have been discussing the Steinlicht property.  Carol stated that she heard that Don Meiners was interested in purchasing that property.  He told me that is completely false.  He doesn't know where the Board came up with that.  Carol stated he said he has not intentions of buying that.

The first item under Old Business was the empty building next door.  Mayor Ric Onken stated that he met with the Octavia Fire Protection Board and changed the Agreement from three years to five years.  They didn't change anything else.  Have heard two things about cost of electrical going up - don't know if it will or it won't.

Lonnie reported that Jason and I talked about it.  We really have no feeling one way or the other.  Carol Stephenson asked what has to be done regarding the remodeling.  Ric explained putting the wall up there in the doorway.  Ric stated that he did tell them that will need a 4 X 4 area for the CIRBN that will be going in.

David Rathke asked about the light bill.  Mike stated that he called Ameren and that is what they could charge for budget billing for the whole building.  Ric explained to the Board that from my understanding this is our last chance - either take it or leave it.

Rick Wagoner stated that concerned with increase of $349.00 per month.  Lonnie stated that we really don't what they are going to do to us here since we don't have any agreement.  Rick asked if the $349.00 is feasible.  Lonnie feels it is.  Carol stated she would like to see Nancy get more organized, she just doesn't have the room here.  Lonnie stated there are a lot of positives.

Lonnie stated this year will be a positive.

Village Attorney Tom Shields stated it needs to be in the form of a Resolution.

Trustee Jason Pierce made a motion to approve the Resolution Agreement between Octavia Fire Protection District and the Village of Colfax for the vacant building.  Trustee Rick Vance seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

The next item under old business is regarding Sticklen property.  Mayor Ric Onken stated are we going to move forward or what.  If we drop it there is no since of issuing anymore ordinance violations.  Ric asked Mike Scott if he checked with Habitat for Humanity.  Mike stated he has in the past the issue is income again.

Ric stated he would like to see a fence clear around the property.  Carol stated I don't think we need to drop it because it has been going on for years and years and I think they are just laughing at us.  I don't think that they think the Board is going to do anything and I don't feel sorry for them because a lot of that is put on when it comes to his wife - I have seen it.

Ric asked what the next step is.

Rick Vance asked what is this going to cost.  I have a feeling a lot of it is going to be legal fees so I think our counselor should answer this.  Village Attorney Tom Shields stated I cannot tell you how much.  I think I have said before it is prob ably going to be thousands of dollars.  Depends on who the judge is and how much leeway the judge gives.  This can go on for years.  If bulldozer goes in and there's asbestos in there the legal fees will be minor compared to that.

Police Chief Mike Scott asked that at least in an effort to take another step to try to make our point, can't we at least take them to ordinance court and enforce the Ordinance Violations.  Tom stated that we do that and we have the fines levied against him/her then where do we go as far as getting the fines paid.  Court is going to look at ninety (90) days and will keep continuing it.

Carol stated there is no attempt to correct anything.  Rick Vance asked if we could be liable for inaction.

Tom stated I guess that is why I go back to the placarding.  It is not fit for human habitation - that is being notice to the public.  Mike stated we could actually placard and follow thru on our OV's.  By placarding that gives them another sixty (60) days.  Now we can post the property.  Also push thru with our OV.  Mike stated I think that it is important that we do this for everybody else and that we are trying to fix it.

Carol asked Tom if it would help by getting a petition from the businesses and neighbors.  Ric asked if he thinks they would sell it.  Mike staqted you are not going to want to pay them what they owe on the property - $30,000.00.

Rick Vance asked if they have a mortgage don't they have to have insurance.  Would it be logical to talk with the insurance company to say they are in violation of the city ordinance building codes.  The insurance company would be really protective of the mortgage holder.  As long as they protect the bank they don't care a whole lot.

Carol asked how they could even insure a place like that.

Lonnie stated that there was a notice in the paper regarding a house in Anchor.  Mike Molck, Village Clerk in Anchor stated that the house is a danger to the public and it has been drug out and drug out and the Village might end up owning it.

Rick Wagoner stated that I think if we placard it and follow thru on the ordinances at least it will show we are doing something.  We redid a couple of the ordinance violations.

Carol stated that I think they need to know that we are not going to go away.  Ric stated I don't think they are going to go away either.  Rick Wagoner asked if we need a motion to placard.

Village Attorney Tom Shields addressed the Board regarding placarding and asked Police Chief Michael Scott specific questions.  Mike is going to do a little bit of testifying here in regard to the condition of the dwelling.  Tom asked Mike the following questions:

Tom:  Mike can you identify the location of the property in questions?

Mike stated it is at 102 South Grove Street in the Village of Colfax, Illinois.

Tom:  Who is the owner - as far as you know?

Mike:  That would be the Sticklens. Mark and Veronica Sticklen

Tom:  Have you had the opportunity to view the dwelling in regard to whether or not it is a fit dwelling?

Mike:  Yes I have.

Tom:  On what occasion(s) have you done that?

Mike:  On numerous occasions which I have documented through letters and communications with them starting in August, 2010 - on two separate occasions; October, 2010; May, 2011; June, 2011; and again July, 2011 - on two occasions.

Tom:  At each of those inspections the owners agreed that you could be on the property doing those inspections?

Mike:  Either that or they were done from public property.

Tom:  From those inspections did you find the dwelling to be unsanitary, unsafe or otherwise hazardous to the health or safety of the occupants or the public?

Mike stated, "Yes I did."

Tom:  Can you describe what the facts are that support that finding?

Mike:  Upon invitation I did have the opportunity to be indoors.  While inside there I noticed that there was a make shift beam holding the ceiling joist and timbers.  They told me if they took the beams down the ceiling would collapse.  I asked what happened to it.  they said the house got hit by a tree and they didn't have the money to fix it so they have never fixed it.  There is structural damage to the house.  In addition to that there is a lot of exposed wiring, insulation, untreated lumber and wood throughout the exterior.  I have submitted pictures to the Board of some of these concerns.

Tom:  Was the damage to the roof and the interior did that result from your viewing that the interior was dilapidated; unsanitary and unsafe?

Mike:  That is correct Yes.

Tom:  Did you find it to be ferment intfested?

Mike stated I have not seen evidence of that.

Tom:  Did you find anything that would lead to the opinion that it lacked ventilation, illumination, or sanitation facilities?

Mike stated I was advised by Veronica Sticklen and I believe she testified to the Board here back in August, 2011 that the house if full of mold and that was a concern of hers as well.  Mike stated I have visually seen what appears to be mold on the ceiling and walls throughout the house.

Tom:  At any time would you have viewed the property or members of the public enter the property?

Mike:  Yes.

Tom:  So it would be your finding to the Board that the property is condemnable based upon the damage to the roof to be fact thaqt there is mold and thaqt there hazard to the health and safety of the occupants and the public who would enter into the premises?

Mike:  That is correct.

Tom:  Does any member of the Board or President of the Board have questions for the Chief?

President Ricardo Onken asked if Veronica every mentioned about mold affecting her health?

Mike:  I don't know that she has addressed the correlation between the two or if she every suggested that one caused her condition.  Can't imagine anyway that it could be healthful.

Trustee Rick Vance asked Superintendent of Public Works Damon Getty whe you read the mters do you have to go in the house.

Damon stated that they went in the house but have changed the meter.

Mike stated that the number of medical conditions that she complains of and as frequently as she calls for medical assistance and the ambulance and all of the our EMTs are required to enter the residence when they go there are put in that situation.

Tom:  I request that the Board make a finding that the property is condemnable in that it should be placarded by the Chief of Police based on the evidence and that it should be vacated within a period of time and it is not to exceed sixty (60) days.  Mayor Ricardo Onken stated sixty (60) days.

The meeting is being recorded and what we have done it take the testimony of the Chief of Police so that we are in the position to proceed with demolition after the expiration of the sixty (60) days of placarding.  Sixty (60) days for them to vacate the property.  I will have to say as village Attorney that we are very serious about proceeding with this matter at this time.  The ordinance allows for a hearing but you generally this has to take place within the sixty (60) days.

Lonnie asked if the house is condemned by us legally then who gets the house and show is going to want it.  The Village doesn't want it.

Mike stated one of the reasons why I haven't been able to find any assistance for them is because he has too much income.  Mike stated from that prospective it must be a priority issue.  Lonnie asked about the apartments - they are based on income.

Trustee Rick Wagoner made a motion to find the Sticklen property at 102 S Grove Street condemnable and an unfit dwelling; unsafe for occupation by owners or members of the public due to hazardous health and safety concerns for the public.  Trustee Carol Stephenson seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

The next item on the agenda under Old Business was the approval of the 2011-12 Tax Levy.

Trustee Lonnie Meiner made a motion to approve the 2011-12 Tax Levy.  Trustee Rick Wagoner seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

Next on the agenda were the agreements for the CIRBN.  Ric stated he had Tom look over everything.

Trustee David Rathke made a motion to approve the CIRBN Participant Agreement, Three Way Agreement, Collocation Agreements and Easements as presented.  Trustee Jason Pierce seconded the motion.  Vote:  Rick Vance - Aye; David Rathke  - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

Trustee Lonnie Meiner made a motion to go into closed session to consider the appointment, employment, compensation, discipline, performance, or dismissal of the employees.  Trustee Jason Pierce seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye;  Motion carried.

Trustee Carol Stephenson made a motion to reopen regular session meeting.  Trustee Rick Wagoner seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

Trustee Rick Vance made a motion to adjourn.  Trustee David Rathke seconded the motion.  Vote:  Rick Vance - Aye; David Rathke - Aye; Jason Pierce - Aye; Carol Stephenson - Aye; Lonnie Meiner - Aye; Rick Wagoner - Aye; Motion carried.

Meeting adjourned at 9:15 p.m.

Respectfully submitted,

Nancy Kiper, Village Clerk