May 11, 2015 Minutes Special Meeting


May 11, 2015 Special Meeting

6:30 PM

The Village Board of Trustees met in Special Session, those in attendance were, President Murbarger, Trustee Byers, Trustee Fender, Trustee Poehler, Trustee Rinehart, Trustee Leonard and Trustee Miller. Also in attendance were Attorney Barry Bright, Clerk/Collector Angela Stanfield, Superintendent Troy Elwood, Treasurer Stephanie Bailey and Steve Stortzum. Steve Stortzum left at 7:55


President Murbarger called the meeting to order at 6:30 PM.

Roll Call taken and the following Village authorities announced present at the beginning of the May 11, 2015 special meeting: President Dale Murbarger, Trustee Jean Ann Poehler, Trustee Danny Miller, Trustee Troy Fender, Trustee Nancy Byers, Trustee Gene Leonard and Trustee Gina Rinehart.

Village board met in special session to discuss the pending Highway Authority Agreement with Steve Stortzum, owner of the Louisville Service Station located at 110 Route 45 North, and the possibility of it being a conflict of interest as newly elected trustee to the village board. Steve Stortzum was elected as Village Trustee at the April 07, 2015 Consolidated Election and will take office as village trustee at the May 14, 2015 Meeting.

Village board discussed the pending Highway Authority Agreement between the Village of Louisville and Louisville Service Station. The pending agreement was approved at the April 09, 2015 meeting and awaiting signature by Louisville Service Station owner, Steve Stortzum. The agreement between parties is regarding the management of disposal and disturbance of underground storage tank related contaminants under the right-of-way of Chestnut Street. The ground water beneath the Highway Authority’s right-of-ways exceeds Tier 1 remediation objectives from use as a supply of portable or domestic water. The agreement limits access to residual soil contamination within the right-of-ways that exceeds Tier 1 residential remediation objectives so that human health, including worker safety and the environment are protected during and after access with the contaminated soil Steve Stortzum informed the board he would not sign the agreement due to fact that it stated the property owner was liable to pay all cost incurred by Highway Authority in the management and disposal of petroleum-contaminated soil and groundwater found within the Highway Authority’s right-of-way. Steve Stortzum presented other options to the village board.

Attorney Barry Bright presented information and state laws regarding the conflict on interest with Steve Stortzum as owner of the Louisville Service Station and as a Village Trustee.

Village board discussed rescinding resolution No 780 which authorized a certain Highway Authority Agreement to be offered to Steve Stortzum doing business as Louisville Service Station. Village board discussed relieving all owners of any property located within a 270 ft radius of the intersection of Route 45 and Chestnut Street, which also abuts any portion of any municipally owned street, road or alleyway under which petroleum contaminants have been found, from any liability to the Village for the costs incurred by the village for cleaning and /or removing such contaminants under such streets, roads, or alleyways. Village board discussed village president informing the Illinois Environmental Protection Agency that the Village finds that allowing any third party to remove any significant area of petroleum contaminant found under any municipally owned street, road or alleyway would be impractical pursuant 35 Ill. Adm. Code 742.920. A motion was made by Trustee Byers and seconded by Trustee Miller to authorize Attorney Barry Bright to prepare necessary resolutions for approval at next meeting.

Roll Call

6 Ayes – 0 Nays – Motion Carried

Motion to enter into Executive Session at 7:56 PM for the purpose of Lease and or Purchase of Real Estate, Personnel, Pending or Possible Litigation made by Trustee Miller and seconded by Trustee Rinehart

Roll Call

6Ayes – 0 Nays – Motion Carried

Motion made by Trustee Miller, seconded by Trustee Fender, at 8:20 PM to go back into Open Session.

Roll Call

6 Ayes – 0 Nays – Motion Carried

President Murbarger announced Trustee Gene Leonard would resign as village trustee effective immediately. President Murbarger thanked Trustee Leonard for his service to the village. President Murbarger announced he is appointing Trustee Troy Fender for the remaining two year term. A motion made by Trustee Rinehart and seconded by Trustee Byers to approve the appointment Troy Fender for the remaining two year term. Trustee Fender abstain.

Roll Call

5 Ayes – 0 Nays – 1 Abstain – Motion Carried

Swearing in Troy Fender as Trustee for the remaining term for Trustee Leonard.

A motion to adjourn the meeting made by Trustee Fender and seconded by Trustee Miller at 8:34 PM. Trustee Leonard resigned.

Roll Call

5 Ayes – 0 Nays – Motion Carried

______________________ _____________________________

Dale Murbarger Angela Stanfield

Village President Village Clerk



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