2019.06.10 Meeting Minutes

JUNE 10, 2019

The regular meeting was called to order by Supervisor Nolan at 7:09 p.m.
The Pledge of Allegiance was recited.
Roll Call
In attendance were Trustees Wagner, Standish, Newton, Hellriegel, Commissioner Massat, Supervisor
Nolan, and Clerk Coffey.
(Change in Agenda)

PUBLIC COMMENTS- Murday: Concerned as resident, people are going to look very
closely, need for transparency. I see 220,000 in expenses exceeding revenues, are we going to eat that up?
Is that the way to go? Same concern for Township budget, can that go back to the taxpayers? People live
here because taxes are less than incorporated areas, mine are comparable. Wagner: Are you talking bottom
line? Murday: Bottom line monies, most coming from taxes. Try to see what we can do to lighten load. The
school District being lionshare, but this is important. People would welcome any relief. Tightening the budget
should be looked at, we talk about it and gloss over. I think people are going to start looking closely at
expenses. Do the right thing for people, benefit the township. We are here to represent interests of the
people , whether monies can go back to the people, I don’t know. We should figure it out, 5,000 budgeted for
legal fees. Biggest concern, spending surplus instead of balancing. Nolan: Everyone knows where I stand on
taxes, first step, is to make sure everyone is paying their fair share, and assessments are correct. Once we
have an Assessor we can go back & see if we can cut rate, problem is you cut rate you can’t get it back. New
Lenox had the lowest rate, they didn’t want to increase, now they have a problem. Industrial property over
here paying $300.00, that’s wrong in my belief. That’s what Assessors will do, once corrected we can look at
rate. This is all part of the PAMS system, it takes all that in. Taxes are key in everything. Murday: Makes
sense, and thank you & board for going down the road, but it doesn’t answer the question before us now. I
want elected officials to know that people are looking at this and if it doesn’t make sense, they will have
questions. Not balanced bothers me, rainy day fund for roads, but 300,000 for roads. Then what did you just
tell me 10 minutes ago? Open, honest, specific. If past needs to be changed, let’s change it. Massat: I’ll tell
you one question, you’d be surprised how many people call asking when I’m paving their subdivision? All
Canterbury 1-5, Links Edge, Saddle Ridge, all want to know, and there’s no money to do their subdivisions.
Soon they will all need to be done, if not budgeted, you’ll all be on gravel road in 10 years. Murday: You’re
sitting on 230,000, could that money have been used to do those roads? Then act on it. Massat: We are
paving roads this year, unfortunately, not yours. There are roads being paved. Murday: My road is fine.
Massat: We’ll be at zero, watch and see, may have a bad snow. Murday: My response to taxpayer would be,
we can only spend what we budgeted, if money is not there, we can’t do it. For the money to sit, you lose
credibility, surplus there, roads still not fixed. Massat: We’ll spend that 200,000 this year to pave. Murday:
Hopefully not just to get rid of it. Wagner: Are there roads in Green Garden needing to be improved? Murday:
I don’t know. Stoub: If you live on gravel, yes. If you live on Harlem, no. Unfair question, based on
perspective. Wagner: If you drive around, hit pot holes or gravel, always need for improvement. Murday:
Absolutely, we have 300,000 budgeted. Wagner: Only reason 300,000 is because of 230,000 carry over.
Murday: Or maybe other places to cut it.
Schultz: Proposed subdivision on 45? Nolan: Green Subdivision actually industrial park (Pleckham). Schultz:
Township have any say? Or only Frankfort? Nolan: We zoned for industrial, he’s breaking for industrial park,
he has more acreage zoned industrial. Frankfort has jurisdiction for 1 ½ mile, so now amendments have to
go through Frankfort before county. Striggow: Doesn’t courtesy start here? Nolan: We did our part, already
zoned. Striggow: Why’d you give him 10 acres, if he can spin off 7 ½? Nolan: Comprehensive Plan had
industrial & commercial on 45, he bought from foreclosure. Striggow: He’ll probably split more. Murday: It will
be before Planning Commission in July. Pleckham is selling his building, and wants to subdivide (2) 5 acre
parcels to build another shop for himself. Selling existing parcel to Venture Capital Co. from Minnesota, does
all landlording for United Rental. They will store generators I-1 zoning does not permit the storage for these
generators. Special Use Permit hearing before Green Garden July 1st. No other road than what exists now
on to 45, Pleckham has right of access to existing road. Massat: 45 is a state road. No different than
shopping mall. Murday: Buyers & Sellers will be at meeting if anyone has concerns. Nolan: Frankfort has
jurisdiction Manhattan-Monee to Stuenkel, that’s why they went to Frankfort.
Schultz: When people post road bond, is that actual money? Nolan: They write check, we deposit. Schultz:
So you have money & don’t give back? Massat: I don’t want to cause problems, but your farmer lady didn’t
get a nickel back. That other guy shouldn’t either. Those 6 wheelers not going to him, the pool company
going to Dralle, some guy bringing dirt onto his lot. Not all the traffic was going to that guy. I ran him down.
They put money down for every pool they put in township, I told him, “Don’t plan on getting it back.” Schultz:
Where does that money go? Massat: Bank. Schultz: Bank to what fund? Massat: In the bonding fund.
Schultz: How does that get spent? Massat: It don’t get spent, if no damage, you get money back. Schultz:
When they don’t get money back? Massat: It stays in that bond. Schultz: It doesn’t get used? Massat:
Sometimes I take it out, yeah. You have to show now the damage to the road. Schultz: I can show you.
Massat: So now when he comes out, I can say, you’re gonna have to post 10,000 bond, for every year. If I
catch damage, you’re not getting your money back. So it works not only 1 way, it should work all the way,
correct? Schultz: Yeah. Massat: I don’t make him (Striggow) put up 10,000 bond. Does he damage road?
Yes, he does, tires & all. Striggow: I’m coming in empty. Massat: You know that everybody damages the
road, big tractors with lugs on tires, everybody damages the roads. We all know that. Striggow: Have a
farmer use tax. Massat: Yeah, ok.
Schultz: Still have water problem. Newton: I spoke with Brian Radner at Land Use, gave all information to
him including neighbors address with the pond. He is to call back. Schultz: I’m going to have to fix my fields,
how does that go? Newton: This is the first step. Massat: County would not make that guy east of me fix his
drain tile. They knew everything flows that way, he wanted me to get in 3 feet of water & show him it goes
that way. Schultz: You’re downhill you take all the water. Hire a drainage attorney. Newton: I didn’t hear from
them today. I will follow up, let you know, and willing to meet them out there.
Stoub: Mine’s coming back to money, a few questions came up. First, January 2019 minutes state in
November of 2017 220,000 Township Fund (tax money) used to purchase Road District equipment. Under
what statute in Illinois is this permitted? Same minutes, you pass a Retro Active Resolution, what statute
allows retro resolution? What statute allows loan from Township Fund to another fund? Statute is very clear,
you can transfer from 1 fund to another, very specific about the procedure. There is no statute for retro active
resolution, heads to next question, by doing it, circumvents referendum process. If the roads need more
money there is a referendum process. Come to the people, we vote whether we agree if roads need
improving, or was it done to circumvent the referendum process? Statute also calls for surplus limit. In
Township fund, 2 ½ times 3 previous years expenses (Rauner). If that money had not been loaned or given,
we would have hit that surplus limit. Triggering immediate response from board to massively cut levy, to get
the surplus under law, or issue refunds to taxpayers. All of these are large questions, I’m not a lawyer, not
with the State’s Attorney, this is for them to decide if it’s criminal. Retro acting a loan? Statute, specific on tax
collected money. Nolan: Not a retro active resolution, it was put into play when we did Annual Town meeting,
it came up, you’re suppose to do a resolution for it. So basically, we corrected our issue. We should have
done a resolution, instead of a vote, we did actual loan on November 27, 2017. Moved monies over but
never did resolution. Coffey was correct, should have done resolution and cut checks, not transfer funds.
Resolution was to correct. Don’t need a resolution so he could go buy trucks, loan, cheaper if we had money,
rather than getting a loan. Nothing underhanded about it. Stoub: Still against Illinois statute, making it illegal.
Nolan: No, it’s not. Stoub: It absolutely is. It is against Illinois statute, there is not a statute that allows it.
Nolan: Tell me a statute that says, “I can’t.” Striggow: You can’t loan money between 2 funds without coming
to an Annual Meeting. Stoub: You can transfer by coming to an Annual Meeting, and having voting bodies
vote. Massat: You guys did it the first year I was in office, transferred 25,000. Striggow: Yes, we did at Annual
Town Meeting. Stoub: Statute clear, Annual Meeting or Special Meeting. Massat: Annual meeting was long
Nolan: City of New Lenox loaned fire district 1 million dollars. Striggow: Don’t care about that, we’re talking
Town money moved, Bill, you’ve been on the board long enough, hell, you know that. This is pretty basic
stuff here. Wagner: From a business point of view, makes more sense than the alternative of Road District
going out and getting loan, and interest. Striggow: The way it was moved, is the problem. Wagner: When
road gets widened Hall gets torn down, and we need to build. Do we want to borrow money, and pay
interest? Why pay interest, if we don’t have to. Striggow: Why not move money the right way? Stoub: The law
says so, knowingly violating it is different than unknowingly violating it. Still violation questions all of it.
Wagner: Thought we were making a smart decision, don’t pay a bank interest if we have money set aside or
Town Hall. Stoub: Not arguing financially makes sense, it’s the way you go about it. Include the taxpayers in
the decisions at an Annual Meeting or Special Meeting so we can weigh in on best financial decision. By
knowingly side stepping the very clear law written to prevent bad things from happening. If you are doing
things to go around the law, it questions the very integrity of this entire board. Wagner: Intent wasn’t to go
around the law and give the Road District money, it was a loan to be given back & everything to go back to
how it was. Stoub: I get township surplus, save money for a new town hall, probably a good idea. You can
establish a Capital Fund and legally transfer surplus into Capital Fund with voter approval, then money sits
safely to build building. Just to move money around is illegal. Wagner: So we need to establish a Capital
Fund? I like to do things legally and smart. Stoub: The trouble comes from undoing past 2 years of this
behavior, now the new budget to be voted on is to spend 200,000 more than money you have. Easiest thing
for you to do to correct (without any other fallout) is to move money back while you have it. Redo budget,
don’t vote today, get it all corrected first. Wagner: Best thing to do, do we need to call a special meeting to
redo resolution and create Capital Fund? Stoub: Might be a good time to use 5,000 legal fees. Murday: Go
to attorney you have on retainer and see what has to be done to rectify. Is there anything requiring this
budget to be passed tonight? Wagner: Only if you want to spend money. Can’t spend if there’s no budget.
Murday: Budget hearings start April 1st, have we not spent any money? Pretty confident, we have. Coffey:
Last day to conduct Budget Hearings and adopt Township and Road District Budgets 6-30-19. Murday: Does
it say last day to approve? June 30, 2019 last day to conduct budget Hearings & adopt Township and Road
District budgets. Budgets may be adopted in the 1st quarter of the fiscal year. (Do not adopt at Annual
Meeting) Township budget may be adopted at Public Hearing. The Road District shall be adopted at Public
Hearing. Newton: So we could hold a Special Meeting before June 30th deadline. Murday: You have
thankless positions, you’re trying to operate in the best interest of the Township with lots of moving parts, this
not directed at individuals, just making sure we’re doing things properly, so that people can’t second guess
later. Twenty years ago, maybe people weren’t looking so closely, with the age of social media, people see
and ask questions. Is it cumbersome? Sure, it makes things transparent. Advice: Call attorney, see what they
have to say to rectify. Stoub: Missed last meeting, had the option to contact State’s Attorney, go on social
media, make a big mess, and get people here. I chose to come here, and believe in you, you are elected
government body, we want to have faith. I do plan to turn all of this over, but wanted you to have a chance to
understand it. Get in touch with whoever you need, to make it right. Not disagreeing about financial aspect,
but there is a right way to do it. Wagner: Is that somewhat hypocritical? Your going to turn us in basically, is
what your saying.
Stoub: I think it’s the job of the State’s Attorney’s office whether they do anything with it or not. It’s Illinois,
lots going on, if you get it corrected, what are you getting? A stern talking to. It’s our money. Nolan: My
money too! Stoub: Do I think it had malicious intent? No, but I really don’t know any of it, or your intent.
Wagner: Intent was clear, save money, don’t pay to bank. We thought we were doing something smart,
budget would have needed to be increased to pay bank. Striggow: Money coming back interest free?
Wagner: Yes. Striggow: Intent was well, process was not. Wagner: We knew if we were giving money to the
Road District the process was different, we weren’t giving, it was a loan. We’ll let the attorney figure it out.
Striggow: Would Township Officials (TOI) be of any help? Wagner: Don’t know, our attorney could call them.
Schedule a Special Meeting to pass this budget? Newton: We have to, plenty of time before the 30th.
Striggow: Doesn’t notification have to go out? Murday: I would think attorney would tell you what you have to
do with notices etc. Wagner: No question, money has to go back, right? So what would impact be? Massat: It
ain’t gonna do no good, ain’t gonna help. Cut stone, tar & chip, who knows what weather’s gonna be.
Newton: Was any payment made (loan)? Wagner: I don’t think so. Nolan: 20,000 for this year. Newton: What
about last year? Nolan: I don’t think it was. Newton: There should have been 2 payments at this point. I think
only 1. Can we look at true balance? Stoub: Suggestion- pass budget as is, if it has to move back to a deficit
budget, or pass a deficit budget. Then you have time to move money right way. Newton: I want to consult
attorney. Nolan: I understand what Stoub is saying. Wagner: We can take 220,000 out of surplus caring over
13,000 (discussion). Massat: You’re gonna run into problems Bill, salt, stone, everything else. I don’t have to
push snow out of subdivisions this year. Nolan: I think we need to call a Special Meeting. Stoub: Multi-tier
ramifications. Murday: Ripple effect in Town Fund, thats 500,000 in surplus. Nolan: Reason you don’t want
Funds is they can be taxed. Stoub: You can open Capital Fund and levy for serious long term plans, if
demonstrating long term plans. Standish: If harm’s been done, does it make sense to pass if it won’t do
anymore harm? This was 3 months or last year, doing no more harm if we pass? Murday: We’re talking road
District, we haven’t even started with Township with the ripple effect. Capital Fund may help. Might behoove
us to take a time out and connect with council. Figure best course of action, pass next week, as opposed to
creating another layer of crap needing to undo, to get us where we need to be. Nolan: We can always amend
budget. Newton: Lets not do just what we think, we need attorney to see this through. Murday: Smart, curious
what other board members think? Hellriegel: Table it. Newton: I’m not signing it. Nolan: Fine, let’s close

(Agenda Change)
APPROVAL OF MINUTES- Clerk Coffey read the minutes of the regular meeting held May 13, 2019. There
was a motion to approve the minutes by Trustee Hellriegel, with a second by Trustee Standish. Voice vote:
Motion carried.
PLANNING COMMISSION- Resident told by County to go from A-2 to A-1 (24018 S Center, 10 acre parcel)
for the purpose of erecting structure for farm equipment. Massat: It’s bull, he doesn’t farm, and he’s asking
County, not the other way around.
Also, Application for Special Use Permit (Pleckham). Buyers and sellers to be present.
NEW BUSINESS- There was a motion to “Table” budgets by Trustee Wagner, with a second by Trustee
Standish. Voice vote: Motion carried.
OLD BUSINESS- There was a motion to “Table” Will-Ride by Trustee Hellriegel, with a second by Trustee
Wagner. Voice vote: Motion carried.
Supervisor Nolan was asking for motion to adjourn, Chris Russell interjected with a question. “Is the State’s
Attorney’s office investigating the Township?” Newton states, “Road District”. Massat responds, he has
cooperated in turning in fuel bills over 2 months ago. Stoub: Why? Massat: Don’t know, the gates are open
all day, while they work, he can’t be responsible for anything when gates are open all day.
There was a motion to adjourn the meeting by Trustee Hellriegel, with a second by Trustee Wagner. Voice
vote: Motion carried.
Meeting adjourned at 8:11p.m.
Respectfully submitted,
Susan Coffey, Clerk

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