Thank you for your encouragement, support and guidance relative to the position of Director of Planning, Zoning and Building. In connection with my previous letter, dated May 7, 2001, to the Village Board, please be advised that I do not intend to apply for IMRF's early retirement program. I look forward to continuing to work with you for the good of the Village of Antioch. Thank you.

Mr. John Horan, Hillside resident, questioned the Board regarding the Neumann Homes proposal. Since the proposal was denied, he would like to suggest that the village attorney give his legal opinion on Attorney Finn's opinion on the 1992 Anest Settlement Agreement, if not, would the board seek legal opinion from the states attorney office. Attorney Anderson responded that for reasons having to deal with pending litigation, he cannot give a public opinion on Mr. Finn's opinion. Mr. Horan stated that he asked if the village attorney would give his opinion on the 1992 Settlement Agreement. Attorney Anderson stated that he just explained that because we are in pending litigation with both Deercrest and Neumann Homes, therefore, anything that I would say, one way or the other, can be held against us. Attorney Anderson also said that the states attorney might also be handicapped because they represent the County of Lake which is a defendant in the Deercrest case. Attorney Anderson stated that he believes we would not want to ask the states attorney for an opinion which could compromise the village in litigation. We obviously have to defend the case as we find it and therefore, we would not want to have public an opinion from the state attorney. That does not prevent Mr. Horan from asking for it, but the Village, unless directed otherwise by the members of the Board, the Village would not be asking for such opinion. Mr. Horan asked about the easements. Attorney Anderson stated that the question of the easement is really independent of the litigation because we are entitled to sewer service by virtue of a 1995 agreement between the county and the village to hook up to that interceptor. All of the properties in that northeast sewage service area, are affected by the agreement. Under that agreement, among other things, we can not use alternative sewage treatment facilities for the disposal of sewage other than septic fields. So if we were going to use any sewer, it would have to be the lake county interceptor. In order to get to the lake county interceptor, we need the easements and that is irrespective in whether or not Neumann Homes or Deercrest is developed. Mr. Horan asked if the 1989 annexation is a legal annexation. Attorney Anderson stated that the annexation has never been in dispute. The 1992 Settlement Agreement has been in dispute. Trustee Porch stated that she feels that it would be okay to ask the states attorney for an opinion regarding the 1992 Settlement Agreement since it does not involves Deercrest. Attorney Anderson stated that we are also being sued by Neumann Homes and Anest. There are two different questions, one has to do with the 1992 settlement agreement and one has to do with development standards for the Anest property. That is critical and is involved in the litigation between the Anest brothers and Neumann Homes and the Village. Therefore, it is his opinion, as attorney for the Village, not to elicit other circumstances that of which could be held against us in that litigation. Now, if the question is why we have applied for the easements, that has to do with the purpose for providing a sewer hook up for that area of the village which must be hooked up for the sewer in order for sewer system to be provided to that area. There are two reasons: 1) it is necessary for us to have that in there in order to comply with our obligation to both the property owners who having been paying taxes for that in that area; and 2) this is a very fundamental part of the Deercrest litigation.

Trustee Hanson asked Attorney Anderson how can the states attorney opinion hurt us. Attorney Anderson stated that if he were to try a lawsuit in court and he's going to present an issue for the judge to decide, the last thing he want to do is go to somebody else who's opinion he can not control, and ask them for an opinion on what he's asking the judge to decide. Suppose they come back with an opinion that hurts us in the litigation, and the other side introduces that opinion as evidence. Following further discussion, Attorney Anderson stated that he can't get into opinions that he may have given to the Board in confidence, the attorney client privilege belongs to Board of the whole and not any individual member, and he further indicated that his opinions are not going to be the subject of any public discussion with respect to a matter of pending litigation. All he can say, in his view, it is an unacceptable risk in asking, as a formal matter anybody else to render an opinion on this as long it is an issue in litigation. Trustee Hanson stated that he is not in favor of doing anything that could hurt us and that he respects the Attorney's opinion.

On roll call, the vote was:
YES: 2; Larson and Porch.
NO: 0.
PASS: 2; Hanson and Maravelas.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION FAILED.

After discussion, a motion was made by Keller, seconded by Baba, to APPROVE PZB01-04, Proposed Final Plat of Subdivision, Heron Harbor Unit 6, (6th of 7th phases); 69 single-family lots; Diamond Development. Upon roll call, the vote was: YES: 6; Jansky, McCarty, Johnson, LaReese, Keller and Baba. NO: 0. THE MOTION CARRIED.

Trustee Porch stated that the Taste of Summer was a successful event, and that she certainly enjoys the teamwork between the chamber and the village regarding providing good family entertainment. Trustee Porch questioned the request made to her to document village employee times for the various chamber functions. Mike Haley, Assistant to the Village Administrator stated that memo came from one of his staff meetings.

Mr. Haley feels that it is important for budgeting purposes that we know how much it costs the village for these functions. He think that the things that we do for these various festivals are good for our community. He also thinks, from his standpoint, it's important to know how much it costs the village and he can have that information for the board.

A motion was made by Trustee Larson, seconded by Trustee Porch to table the consideration of the Cunningham Water Main extension to the August 6, 2001 meeting. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.

There was a brief discussion regarding the 1996 Telecommunications Act.

Trustee Porch asked if the Verizon Agreement would effect the Nextel agreement. Administrator Wells stated that in his opinion, it does not.

Mr. Kincaid will supply a map of the surrounding parcels to show the locations of where the homes are (north, south, east and west), revenue projection to the village, detailed proposed landscaping around the building in more detailing, that the chain link fence will not be installed, but another type of acceptable fencing that is complimentary to the building. This item will be placed on the August 6 village board meeting for consideration.

First Reading: ORDINANCE APPROVING FINAL PLAT OF SUBDIVISION, TOWNSVILLE, FIVE LOTS ON SEVEN ACRES SOUTHWEST OF PINE HILL LAKES. This item will be placed on the August 6 agenda for consideration.