Court Rules In Favor Of Township - Arcola Record

www.arcolarecordherald.com
Volume 153 — Number 22
THURSDAY, JANUARY 8, 2015
ONE SECTION — 10 PAGES
ARCOLA CITY COUNCIL
TIF Funds To
Help Projects
By Chris Slack
Tax Increment Financing redevelopment agreements were adopted in ordinance form by the Arcola
City Council, which will assist two local businesses
with expansion and remodeling plans coming up in
2015.
At the council’s first meeting of the year on Monday
night — a brief gathering that was completed in less
than 10 minutes — the redevelopment agreements
with LT&E, Inc., and Prairie Wind Antiques received
unanimous approval. The council gave preliminary
approval at its December 22 meeting.
In their application for TIF funds to the city,
Michael and Marie Kauffman of LT&E, located on the
south side of Arcola along U.S. 45, indicated plans to
construct a new 28-foot by 36-foot office addition to
the front of the existing office. The new addition is
expected to feature three offices. Also planned is a
half-story addition on the second floor for a conference room and extra file storage.
The total estimated cost of the project is $125,000.
LT&E will receive a TIF rebate from the city of up to
$25,000. It will not receive the TIF funds until the
project is completed.
The TIF application from Eric and Cindy Rodmaker
of Prairie Wind Antiques at 206 E. Main St. requested
a TIF storefront grant of up to $10,000. They are proposing a nearly $20,000 renovation project on the
building. The Rodmakers opened their business in
downtown Arcola less than a year ago.
The Rodmakers stated in their application that the
building has water and termite damage. They also
plan to replace the front of the building with a whitewash brick look. Also planned are new windows and a
commercial door.
The Rodmakers are in the process of purchasing the
building. The estimated cost of the improvements
being planned is $19,766.07 and the projected starting date is March 1. Under TIF storefront grant
guidelines, the Rodmakers are required to match the
total amount they will receive with their own funds,
with the maximum amount being $10,000.
The city’s TIF facade grant program encourages
private investment in exterior improvements to structures located in the city’s TIF districts.
Other Council News
• Also at the meeting, the council unanimously
approved amending the employee handbook to
include language pertaining to holiday bonuses for
the city’s part-time and full-time employees.
Employees receive holiday bonuses each year, but
City Administrator Bill Wagoner said there had been
no reference to this annual practice by the city in the
employee handbook. Wagoner said the three-paragraph amendment is now included in the wage and
salary section of the handbook.
• The council accepted the zoning officer’s
report, which included the issuance of construction
permits to the following: Jane Truskosky, 352 W.
Jefferson, storage building with a valuation of $2,800
and a fee of $25; Pat Williams, 103 E. 3rd South St.,
storage building with a valuation of $4,800 and a fee
of $25; and Ben Kuhns, 828 Prairie Meadow, storage
building with a valuation of $4,000 and a fee of $25.
• The next council meeting is scheduled for 7
p.m. Monday, January 19, at the Arcola Municipal
Building, 114 N. Locust.
Dieterich All-Tournament Selections
Three Arcola High School basketball players earned all-tournament honors at the Dieterich Holiday Tournament, which was
held December 26-29. Kollin Seaman (left) and Wyatt Fishel (center) were on the all-tournament boys’ team, while junior
Rebekah Montgomery was selected to the all-tourney girls’ squad. The Purple Rider boys finished second to Dieterich in the tournament, while the girls split their four games and placed fourth.
Court Rules In Favor Of Township
A ruling was entered in favor of Arcola
Township in Douglas County Circuit Court
on December 16.
Several petitions have been filed in the
past year by Paris resident John Kraft
alleging that the township has violated the
Freedom of Information Act.
Following is a statement from Arcola
Township regarding the ruling:
“On Tuesday, the 16th of December, the
Circuit Court of Douglas County entered
a judgment in favor of Arcola Township
and against the plaintiff in a suit claiming the township had violated the
Freedom of Information Act. The court
found that the plaintiff had failed to provide any wrongdoing by the township and
entered a judgment and required the
plaintiff to pay the township’s court costs.
The court in each of the four counts
directed a verdict against the plaintiff at
the close of his case finding that the township had done nothing wrong. The plaintiff in this case was John Kraft.”
According to the petition, Kraft had
served a FOIA request on the defendant’s
office of Arcola Township seeking copies of
public records. The plaintiff alleges that as
of May 21, 2014, the defendant has never
responded to the April 25 FOIA request. In
the complaint filed by the plaintiff, Section
11(a) of the Illinois Freedom of
Information Act states: “Any person
denied access to inspect or copy any public
record by a public body may file suit for
injunctive or declaratory relief.”
In the first count filed by the plaintiff, he
alleged that he is being denied the legal
right to inspect public records by the
defendant. A second count alleged that the
defendant has improperly denied the
FOIA request by their failure to properly
respond. The plaintiff was seeking a judgment that declared the defendant to be in
violation of the Illinois FOIA and a judgment that enjoined the township from continuing to withhold access to any and all
non-exempt public records responsive to
the plaintiff’s FOIA request.
He was also seeking a judgment
instructing the township to prepare an
affidavit declaring that they would provide
complete access to the plaintiff and further
declaring that any and all non-exempt
public records responsive to the request
would have been made available to the
plaintiff.
In addition, the plaintiff had asked the
court to declare the defendant acted willfully, intentionally and in bad faith in the
failure to respond to and to provide responsive documents to the plaintiff’s FOIA
request, and that the defendant be ordered
to pay a civil penalty of not less than
$2,500 nor more than $5,000 for each
occurrence.
The plaintiff had also filed two previous
FOIA-related complaints against Arcola
Township. A FOIA request was served by
the plaintiff on Arcola Township on April
12, 2014, seeking copies of public records.
As of May 21, the plaintiff alleged that the
defendant had never responded to the
April 12 FOIA request.
The plaintiff’s first complaint was filed
November 15, 2013. On April 23, 2013, he
served a FOIA request on Arcola Township
seeking copies of public records. On or
about April 30, 2013, the plaintiff alleged
that he received, through postal mail, a
partial denial to both requests that were
filed on April 23, 2013. The plaintiff stated
that he then emailed the defendant noting,
among others, that the responsive documents were not complete or improperly
redacted, that the fee imposed was
improper, and the plaintiff again asked for
the requested records.
On May 4, 2013, the plaintiff alleged
that he responded to the defendant and
Arcola Township attorney Mark Petty
with a clarification of what was missing
and improperly redacted and asked for the
records for a third time. The petition then
states that on May 8, 2013, the defendant’s attorney allegedly responded to the
plaintiff’s May 4, 2013, letter “effectively
denying the plaintiff’s FOIA request and
demanding payment of an improper
invoice.”
These previous complaints filed by the
plaintiff were consolidated with the petition that was filed with the Douglas
County Circuit Clerk’s Office on May 21.
WHAT’S ON THE COMMUNITY AGENDA?
Community Blood
Drive In Arcola
The annual American Red Cross Arcola
Community Blood Drive will be held on Tuesday,
January 13, from 1 to 7 p.m. at the Arcola Center.
Walk-ins can donate blood, but setting an appointment will reduce the wait time. To make an
appointment to donate blood, call 1-800-REDCROSS (1-800-733-2767) or visit redcrossblood.org.
to noon and Saturday, February 7, from 9 a.m. to
noon. For more information, please visit the website
at www.arcolarec.org/soccer or email: [email protected].
Chamber Community Dance
Additional announcements are included
below:
The Arcola Chamber of Commerce will sponsor
its annual community dance February 21 at the
Best Western PLUS hotel, located on the Green
Mill Village property in Arcola. The dance is open
to the general public; it is not restricted to those
who are Chamber members. The theme of this
year’s community dance will revolve around the
roaring 20s, the Great Gatsby. For more information, call the Chamber of Commerce at 268-4530.
Arcola VFW Meeting
Jaycees Regular Meetings
Arcola VFW Post 7862 will host its monthly
meeting at 7 p.m. on Thursday, January 8, at the
Arcola Township office on East Main Street. All
veterans are welcome to attend.
Spring Soccer Registration
Arcola Recreation spring 2015 soccer registration
will be held at the Arcola Moore Park soccer concession stand for ages preschool (4 yrs old) through
eighth grade on Saturday, January 31, from 9 a.m.
The Arcola Jaycees have their meetings every
first and third Tuesday of the month at 7:30 p.m. at
It’ll Do. All persons age 21 to 41 are invited to
attend.
Arcola Food Pantry Volunteers
Volunteers are needed to help unload trucks at
the Arcola Food Pantry from approximately 3 to 5
p.m. on the first Monday of each month and from 8
to 10 a.m. on the third Thursday of each month.
Duties include moving boxes, stocking shelves,
dividing large amounts of food into smaller packages, etc. Heavy lifting is not a necessity. Volunteers
are also needed to fill in occasionally from noon to
2 p.m. and from 4 to 6 p.m. on Thursdays. Please
call the Food Pantry at 268-5122 during that time
for further details.
Arcola Rotary Club Meeting
The next meeting of the Arcola Sunrise Rotary
Club will be at 7:15 a.m. Thursday, January 8, at
the Dutch Kitchen. The Rotary Club meets each
Thursday. For membership information, contact
club President Bill Wagoner at [email protected].
R-H Newsstand Locations
The Arcola Record-Herald is available each
week at these area locations:
In Arcola: Casey’s General Store, Arcola IGA,
Browne’s Pharmacy, Arcola Country Store &
Gas, Vyverberg’s, Dutch Kitchen, Country
Charm, Hen House and Jack Flash.
Rural Arcola: Country Salvage.
In Chesterville: Korner Cafe.
In Hindsboro: Quick Gits (formerly Five N’s).
In Tuscola: Tuscola IGA.
IN THIS WEEK’S ISSUE
Classifieds ..........................................8
Courthouse News..............................4
Down Memory Lane ........................2
Obituaries ..........................................5
Sports ..................................................6
HOW TO REACH US
• To fax news and advertising materials to
the Record-Herald, please call 217-2684938. The deadline is 5 p.m. each Monday.
Find the R-H on the web at
www.arcolarecordherald.com
• The newspaper’s mailing address is
118 E. Main St., Arcola, IL 61910.
Phone 268-4950.
• E-mail the newspaper at:
[email protected]