BOARD OF TRUSTEES, REGULAR MEETING
December 3, 2001
Municipal Building: 874 Main Street, Antioch, Illinois
7:30 p.m.
| 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: Pierce, Larson, Caulfield, Foresta, Porch and Hanson. Also present were Mayor Maravelas, Attorney Anderson and Clerk Rowe. |
| MINUTES | A motion was made by Trustee Hanson, seconded by Trustee Caulfield to approve the minutes from the November 19, 2001 meeting as presented. On roll call, the vote was: YES: 4; Pierce, Caulfield, Porch and Hanson. NO: 0. PASS: 2; Larson and Foresta. THE MOTION CARRIED. |
| LEE SHANNON | A motion was made by Trustee Foresta, seconded by Trustee Porch to re-appoint Lee Shannon as ESDA Coordinator for a term of one year. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| PUBLIC HEARING | A motion was made by Trustee Larson, seconded by Trustee Porch to schedule the public hearing for the Tax Levy Ordinance on December 17, 2001 at 7:00 p.m. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| CORPORATE RESOLUTION | A motion was made by Trustee Hanson, seconded by Trustee Pierce to authorize the Mayor and Clerk sign the Certificate of Village Clerk as to Corporate Resolution, which resolves that Michael Haley, Village Administrator, Candi L. Rowe, Village Clerk and Sherry Hoban, Treasurer are authorized to execute motor vehicle sales agreements or leases that will be assigned by to General Motors. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. This resolution is to approve a purchase or lease of a vehicle from General Motors Company concerning the vehicle for public works. All purchase or leases of vehicles will be presented to the Village Board for approval. |
| CITIZENS | Mayor Maravelas asked if there were any citizens wishing to address the Board. |
| BRUCE GEBERT | Mr. Bruce Gebert, Owner of Main Street Car Wash, discussed the situation regarding the easement from J.T.'s Roadhouse as agreed to in their annexation agreements dated November 16, 1998. Mr. Gebert stated that he has complied with the agreements and has met with Mr. Katsenos several times hoping to resolve the situation. To date, Mr. Katsenos has not provided the easement. Mr. Gebert is looking for assistance on getting this matter resolved. Mayor Maravelas stated that Administrator Haley was at J.T.'s Roadhouse as recently as last Friday trying to resolve the situation. There was discussion concerning enforcement procedures that the Village Board may have. Attorney Anderson stated that the enforcement of the annexation agreement ordinance would be done through the court system. Following discussion, Administrator Haley will provide Attorney Anderson with the name of Mr. Katsenos attorney so he may contact him regarding the elements of the annexation agreements. |
| NEWTON FINN | Mr. Newton Finn, representative for Dale and Marianne Brandt, Pete Bolender and 44 Eagle Ridge residents, asked that the letter of objection to the consideration by the Board of Trustees of the purported recommendation of the combined Planning Commission and Zoning Board made at the public meeting held on November 8, 2001 be entered into the record. Mr. Finn briefly reviewed the list of objections as noted. |
| THOMAS BERNIE | Mr. Thomas Bernie, representative of Neumann Homes, requests the Village Board act upon the Planning and Zoning Board's recommendation. If action is not being taken tonight, he asks the Board advise them when they can expect Village Board action on the Planning and Zoning Board's recommendation. |
| NANCY BINDER | Ms. Nancy Binder, Victoria Street resident, expressed her views concerning the proposed utility tax ordinance which may be considered by the in the near future. Concerning Neumann Homes, Ms. Binder also asked if there will be a public comment section during the committee of the whole meeting. Attorney Anderson responded that there would be an agenda prepared for the committee meeting. Since the regular agenda has a period for public comment, he expects the committee meeting agenda will also have a period for public comment. Attorney Anderson emphasized that the committee is not a hearing. It is simply an opportunity for those who have comments to make them, but not to engage in a dialogue with the Board or with other members of the audience. Action will be taken at a regular meeting of the Board of Trustees. |
| JOHN HORAN | Mr. John Horan, Hillside resident, stated that he agreed with Ms. Binder regarding the proposed utility tax ordinance. Mr. Horan questioned how the Board could consider the Neumann Homes development while there is pending litigation. |
| BRANDT FAMILY | Mrs. Marianne Brandt, Miller Road resident, discussed the last Planning and Zoning Board meeting regarding Neumann Homes. Mrs. Brandt questioned the water issue for Neumann Homes and if the recently approved tree ordinance would apply to the Neumann Homes development if approved. Ms. Heidi Brandt, Miller Road resident, read her prepared letter regarding the proposed Neumann Homes development. Ms. Brandt expressed her concerns with the impact this development may have on traffic and schools. Mr. Dale Brandt, Miller Road resident, asked for clarification on the tree ordinance and how it relates to the proposed Neumann Homes development. Attorney Anderson stated the tree ordinance is applicable to Neumann Homes at the final plat phase, not during the preliminary plat phase other than a commitment by the developer to comply with the ordinance. |
| PZB01-06 | Trustee Pierce stated that the Village Board has received the Planning and Zoning Board's letter of recommendation dated November 30, 2001 regarding the proposed Preliminary Plat (entitlement) P.U.D. within existing R-1 Zoning District; Anest and White properties; North of Miller Road, South of Route 173, East of Eagle Ridge Subdivision, and West of Timber Lake, (a.k.a. Pollock Lake or Huntley Lake); 1240 detached single-family homes on 634 Acres. |
| VB MOTION | A motion was made by Trustee Pierce, seconded by Trustee Larson to place the Planning and Zoning Board's letter of recommendation dated November 30, 2001 into the record and refers the letter to a committee meeting of the whole for discussion. The committee meeting of the whole is scheduled for January 7, 2002, immediately following the regularly scheduled Village Board meeting. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| DEVELOPER CONTRIBUTIONS | Trustee Pierce reviewed the informational report dated December 3, 2001 from Robert Silhan, Director of Planning, Zoning and Building, regarding other municipalities developer contributions. There is no action required or requested. |
| TIF AUDIT | Trustee Caulfield stated that Dr. Donald Skidmore, Chairman of the Antioch Redevelopment Commission, requested at our previous meeting an audit of the TIF Funds for a period of the last ten years. A motion was made by Trustee Caulfield, seconded by Trustee Foresta to authorize Jim Ketchmark to conduct an audit of the TIF funds for a period of the last ten years. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| MANUAL CHECKS | A motion was made by Trustee Caulfield, seconded by Trustee Foresta to approve the manual checks written for the month of November for the general, water and sewer, payroll and police pension funds as presented. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| RICHARD MORITZ | After reviewing the letter of recommendation dated November 12 from Police Chief Charles Watkins, a motion was made by Trustee Hanson, seconded by Trustee Porch to place Officer Richard Moritz on full time status, as recommended by Police Chief Watkins. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED |
| VICTORIA NETZEL | After reviewing the letter of recommendation dated November 12 from Police Chief Charles Watkins, a motion was made by Trustee Hanson, seconded by Trustee Porch to hire Victoria Netzel as police dispatcher, at $12.07 an hour. On roll call, the vote was: YES: 6; Pierce, Caulfield, Larson, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| SMITH ENGINEERING | There was a brief discussion regarding the position of field inspector. Trustee Larson asked why we don't advertise to hire a qualified person at $30.00 an hour. Administrator Haley stated that he would be willing to advertise for the position, but would like permission to enter into the contract with Smith Engineering in the interim. Mr. Jim Keim, Staff Engineer, indicated that engineering firms typical pay range are in $70.00 to $100.00 an hour. Mr. Shepard was originally hired to do this position at $30.00 an hour, but because he participated in IMRF, he cannot work for the village without jeopardizing his pension. Mr. Keim stated that he finds Mr. Shepard to be a great asset to his office, he is a knowledgeable and well seasoned employee who handles the contractors and the public very well. Administrator Haley will advertise for a qualified person. A motion was made by Trustee Hanson, seconded by Trustee Pierce to contract with Smith Engineering Consultants of McHenry at a rate of $36.00 an hour to do field inspections on a part time basis with personnel assigned by the contractor to be acceptable by the village. The motion also includes authorization for the Village Administrator to advertise for the position. On roll call, the vote was: |
| SENIOR CENTER | Trustee Pierce stated that he has met with representatives from Catholic Charities regarding the senior center and the situation regarding Paul Howard. Catholic Charities asked for an additional two weeks to get the situation resolved. Mr. Tony Viverito, President of the Senior Center Advisory Council, expressed his concerns regarding Paul Howard and the Senior Center. Mr. Viverito asked the Village Board to do something and hire Paul Howard. |
| PAUL HOWARD | A motion was made by Trustee Porch, seconded by Trustee Larson to hire Paul Howard as a village employee at his current Catholic Charities salary. Trustee Caulfield stated that he is concerned with hiring an individual that is on paid administration leave from his current position and he doesn't know the legal, if there are any, ramifications for making such an offer. Trustee Pierce stated that he knows Paul Howard personally and he doesn't question his character, what he does have a question on is if a person is on administrative leave from his employer, hiring that person until that issue is resolved. "We have asked Catholic Charities to resolve that issue immediately." Trustee Pierce stated that he has attended the meetings with the senior council and Mr. Viverito, and we have we asked for two more weeks to resolve the situation and that is what the council agreed to. Trustee Hanson stated that he also has known Paul Howard for a long time, and he feels that Paul is a victim just as we are. We all found out the hard way regarding the senior center money. Trustee Hanson said "the check Paul Howard received that no one knew about, that's the hard part right now and that has raised the question." Trustee Hanson asked if the check written to Paul Howard was approved by the Village Board. Administrator Haley stated that the check was not approved by the Village Board. We discovered the check had been written after the check had been cashed and sent back to us with the monthly statement. Mr. Viverito stated that the check came from the Village. Tim Wells, former administrator approved the check. Attorney Anderson stated that throughout this matter and since the matter was first discovered, we have made an effort as a village and as a board, not to make judgements about guilt or innocence. We have tried very hard to maintain the position of suppliers of fact to those people who would make those kinds of judgement. That is why the matter was turned over to the States Attorney. That is why we made no decision as to whether there has been any wrong doing or not. The one thing that he thinks is inconsistent with that position is making any judgement whatsoever of guilt or innocence of anyone who it the continuing subject of an investigation, because that compromises our position. Attorney Anderson went on to say that the Board should do what it wants to do and should do what it believes to be in the best interest of the Village of Antioch. But, the investigation has not been concluded, therefore, Attorney Anderson cannot say, nor does he think anybody on the Board can say that anybody involved in the investigation has either been indicted or cleared. Mayor Maravelas asked Trustee Porch and Trustee Larson is they would consider tabling this decision for two weeks. Both Trustee Porch and Larson stated that they would not like the motion tabled. On roll call, the vote was: |
| ADMIN. HALEY | Administrator Haley wanted to clarify a statement that he made at the last board meeting. He spoke of the 2.5 million dollar bond issue that was passed by the Village to be used for three projects. Those projects were the new police station, to pay for ½ of new fire station on Deep Lake Road and to pay ½ of a ladder truck. Administrator Haley stated that he made the statement that those three projects were over by about $800,000. The bond issue was for 2.5 million and the total spent was 3.3 million. Those are true statements, however, he wanted to clarify that the fire truck that was purchased came in and we paid exactly what the bid price was; the fire station that we built in conjunction with the fire district came in at exactly the right price, as a matter of fact it was a little bit under. All of the overages were in the village in the police station. The Fire District brought this to Administrator Haley's attention and he told them he would make a report to the Board to clarify that. Fire Chief Volling thanked Administrator Haley for straightening that out. |
| ATTORNEY | Attorney Anderson reviewed the following ordinances: |
| 01-12-31 | A motion was made by Trustee Pierce, seconded by Trustee Porch to approve and publish in pamphlet form, an ordinance 01-12-31, entitled, Ordinance Concerning PZB01-09, Amended Final Plat, Tiffany Farms Unit 4 Relative to Street Connection to School Property. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| 01-12-32 | ttorney Anderson stated that he has not heard of any changes or edits to the draft raffle ordinance as read at the November 19, 2001 meeting. Since there are no changes suggested, he asked for a motion to approve the ordinance as presented. A motion was made by Trustee Larson, seconded by Trustee Pierce to approve and publish in pamphlet form, an ordinance, 01-12-32, entitled, Ordinance Regarding Licensing of Raffles. Trustee Foresta stated that he doesn't feel it's the village's responsibility to police and monitor every raffle that comes into the Village and he asked that the Board vote no on this. On roll call, the vote was: First Reading: Ordinance Amending Chapter 152 of the Antioch Code of Ordinances - Project Completion Guarantees. This item will be placed on the December 17 agenda for consideration. First Reading: Ordinance Amending Chapter 151 of the Antioch Code of Ordinances - Fees for Building and Related Permits. This item will be placed on the December 17 for consideration with verbiage changes as discussed. |
| EXECUTIVE SESSION | A motion was made by Trustee Hanson, seconded by Trustee Porch for the Mayor and Board of Trustees to go into executive session at the Antioch Village Hall at 9:45 p.m. to discuss pending litigation. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| RETURN | A motion was made by Trustee Foresta, seconded by Trustee Porch for the Mayor and Board of Trustees to return to the open meeting at 10:20 p.m. with no action taken. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| ADJOURN | A motion was made by Trustee Pierce, seconded by Trustee Larson to adjourn the regular meeting of the Board of Trustees at 10:22 p.m. |
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Candi L. Rowe, Clerk