VILLAGE OF ANTIOCH

BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, Illinois

July 23, 2001
7:00 p.m.
 
CALL TO ORDER The public hearing regarding the Annual Appropriation Ordinance was called to order by Mayor Maravelas at 7:00 p.m. in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Larson, Porch and Hanson. Also present were Mayor Maravelas, Attorney Anderson and Deputy Clerk Wells. Absent: Trustees Pierce, Caulfield and Foresta and Clerk Rowe.
PUBLIC NOTICE Deputy Clerk Wells read aloud the published public notice regarding the annual appropriation ordinance.
DISCUSSION Mr. Wells reviewed the draft Annual Appropriation Ordinance as distributed to the Board. Mr. Wells explained that our revenue is about five million and the appropriation ordinance is typically about triple the cost. The ordinance is basically the same as approved in the last six or seven years, it typically doesn't change that much. The budget is a guideline and that is the village's spending document. If we were to spend more than what is stated in the budget, we legally can't do that unless our appropriation ordinance includes those costs. This is just a way to protect us in case we have an unusual expense.
CLOSE HEARING Following a brief discussion, a motion was made by Trustee Larson, seconded by Trustee Porch to close the public hearing regarding the annual appropriation ordinance at 7:20 p.m. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
CALL TO ORDER The regular meeting of the Board of Trustees was called to order by Mayor Maravelas at 7:30 p.m. in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Larson, Porch and Hanson. Also present were Mayor Maravelas, Attorney Anderson and Deputy Clerk Wells. Absent: Trustees Pierce, Caulfield and Foresta and Clerk Rowe.
MINUTES The July 16, 2001 minutes will be placed on the August 6th agenda for approval.
AUTHORIZE PAYMENT A motion was made by Trustee Larson, seconded by Trustee Porch to authorize payment of accounts payable as prepared by the Village Treasurer. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
ROBERT SILHAN Mayor Maravelas read aloud the following letter dated July 11, 2001 from Robert Silhan, Director of Planning, Zoning and Building:

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.

CITIZENS Mr. Kevin Schoudel, Bowles Road resident, addressed the Board and thanked the Village of Antioch and the public works department for their assistance with the Taste of Summer. Mayor Maravelas thanked the members of the Antioch Chamber of Commerce for their hard work and efforts for all the events.

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.

STATE ATTORNEY A motion was made by Trustee Larson, seconded by Trustee Porch to instruct the states attorney office to look into the legality of the 1992 Anest Settlement Agreement.
DISCUSSION Trustee Larson stated that she feels the assumption is that it is already a legal document. Let's find out whether it is or not and go forward from there. The state attorney's office represents us as well.

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.

PZB01-04 Robert Silhan, Director of Planning, Zoning and Building reviewed the minutes from the July 12, 2001 Planning and Zoning Board meeting regarding the proposed final plat for Heron Harbor Unit 6; PZB01-04. The Planning and Zoning Board's motion is a follows:

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.

VB MOTION A motion was made by Trustee Hanson, seconded by Trustee Larson to approve the recommendation of the Planning and Zoning Board as shown in the minutes of the meeting held on July 12, 2001 and authorizes the Village Attorney to draft the appropriate ordinance. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
TRUSTEE PORCH Trustee Porch asked that a discussion concerning rezoning for the east sub area, using the Pedersen annexation as a model and discuss the possibility of rezoning the property in that area to agricultural. Robert Silhan, Director of Planning, Zoning and Building discussed the comprehensive plan and how it relates to the zoning in the east sub area.

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.

FPA HEARING Tim Wells, discussed an agreement with the Village of Fox Lake regarding parcels in the FPA area. Mr. Wells will distribute documents for the August 6, 2001 agenda.
01-07-22 A motion was made by Trustee Larson, seconded by Trustee Hanson to approve and publish in pamphlet form, an ordinance, 01-07-22, entitled, ANNUAL APPROPRIATION ORDINANCE. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
JUNE MANUAL CHECKS A motion was made by Trustee Hanson, seconded by Trustee Larson to approve the manual checks written for June 2001 as presented. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
WATER MAIN Trustee Larson reviewed the letter written by Trustee Foresta regarding the bid received by Schneider Corporation regarding the Cunningham Water Main extension. Trustee Foresta asked to delay sending the official award letter to Schneider Corporation for this extension, no longer than three weeks, to the second meeting in August.

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.

GENERATOR Mr. Ara Molitor, Senior Staff Engineer, reviewed their letter of recommendation dated July 23, 2001 to award the bid received from Flo-Technics for their bid amount of $29,483.00 for the portable generator. Following a brief discussion, a motion was made by Trustee Larson, seconded Trustee Porch to accept the bid received from Flo Technics in the amount of $29,483.00 as recommended by the village engineers in their letter dated July 23, 2001. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
VERIZON WIRELESS Mr. Chuck Kincaid, real estate manager at Verizon Wireless, discussed the request to place an antenna on the water tower located on Anita Street. Mr. Kincaid reviewed sample photos of buildings in different areas. Trustee Larson is still concerned with the location being in the residential area. Trustee Larson also asked what the revenue to the Village would be. Mike Haley, Administrative Assistant, stated that revenue to the village has not be finalized. Trustee Hanson said Anita Street has several different zoning classifications on it. From subdivisions, to apartments, to light industrial. Trustee Hanson said the proposed building looks nice for the area. Trustee Larson stated that her concern is the location.

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.

VILLAGE ATTORNEY Attorney Anderson read aloud the following ordinance:

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.

EXECUTIVE SESSION A motion was made by Trustee Hanson, seconded by Trustee Larson for the Mayor and Board of Trustees to go into executive session at 9:07 p.m. to discuss personnel. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
RETURN A motion was made by Trustee Hanson, seconded by Trustee Larson for the Mayor and Board of Trustees to close the executive session and return to the open meeting 9:48 p.m. with no action to be taken. On roll call, the vote was:
YES: 4; Larson, Porch, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Pierce, Caulfield and Foresta.
THE MOTION CARRIED.
ADJOURN A motion was made by Trustee Larson, seconded by Trustee Hanson to adjourn the regular meeting of the Board of Trustees at 9:49 p.m.
 
Respectfully submitted,

____________________
Candi L. Rowe, Clerk

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