On page 4364 under DISCUSSION ...as Finance Chair and his role on the Board, he is asking for additional help to interpret...

On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

A motion was made by Trustee Caulfield, seconded by Trustee Porch to dissolve the Department of Community Development with Mayor Maravelas handling the telephone calls until the Economic Department is created.

Trustee Larson said before we dissolve anything and create a new department, she would like to see job descriptions, salary range, experience we’re looking for and some type of a time frame to take resumes and interview people. Trustee Hanson said that he thought we were just dissolving the department today. Mayor Maravelas said that we’ll come back on another date for the Economic Development. Trustee Porch said at this point we are not seeking Economic Development. Mayor Maravelas responded to Trustee Porch by saying that’s correct. Trustee Turner asked if we are just going to dissolve the department and leave it at that. Mayor Maravelas said that was correct. Trustee Larson said that as Mayor he has enough to do, and she didn’t think that fielding phone calls, being a crucial time right now with development that’s going on in Antioch, the timing is not good. Mayor Maravelas said that since last week he already answered two telephone calls, and for two years he hasn’t had any or has anyone ever mentioned to him about any interest in downtown opportunities. Attorney Long said that there is a formal resolution on the agenda under his committee. Trustee Turner said that we have an employee of the village without a job if we dissolve this department. She said at this point, can we move this employee into a lateral position? Mayor Maravelas said any employee has the right to put in a resume’ to the Village of Antioch.

On roll call, the vote was:

YES: 4; Pierce, Caulfield, Porch and Hanson.

NO: 2; Larson and Turner.

THE MOTION CARRIED.

Administrator to give his report, in looking through our new book that we going to approve tonight, under Rules and Order, the Administrator reports under REPORTS OF VILLAGE OFFICERS. Trustee Larson would like see the Administrator report placed back in that position. He gives a reports on a variety of things, not just finance. It appears by putting him under Finance that he needs to go through our Finance Chair and she doesn’t believe that should be the case. Mayor Maravelas thanked Trustee Larson and said that he will take this under consideration, he will place this in committee and will have a report for her at the next meeting. Trustee Larson asked what committee. Mayor Maravelas said that he will place it in his committee. Trustee Larson said she would like to see the Administrator back under the original location. She said this has been done this way for as long as she’s been on the Board this was changed at the last meeting and she doesn’t know why. Mayor Maravelas said the Administrator wasn’t on the agenda prior to his election. He changed it when he took office. Trustee Pierce said that later on the agenda tonight that we have the first reading of the ordinance adopting the Village Code, which means that we’re not going to be adopting it tonight and as we go through the code, and if we find some errors, we should have a chance then to correct them on the second reading. Trustee Larson said again that she feels the Administrator should give his report under Village Officers section on the agenda. Trustee Turner said that on the May 5 agenda, the Administrator is under Officers and not on the May 19 agenda. Trustee Porch asked the Mayor to post a meeting so we can discuss this at the committee level.

Mr. Fields said that he knows that the Mayor’s time is very valuable. He said that someone needs to be in the community development / economic development position full time. Jack Fields said that he is interested to see if this would be a lateral position, what the qualifications would be, if this is being done to save money from the salary, or if this new position is going to be an increase in pay. He went on to say that he finds it very hard that some Trustees, as business people in Antioch, went ahead and accepted this motion unless there’s something they know, that the residents don’t. Especially at this time when we have a moratorium put in place for all that
economic development.

Mr. Sakas continued with his report and said the second issue was the Annexation Agreement. At the May 20 meeting, they went line by line with the three Trustee members of the Planning and Zoning Committee. There are a few minor details since writing this memo on Friday, we have been discussion with both Kennedy Homes counsel and the Village Engineer. We have a general consensus that we are very close to the final language for the Annexation Agreement. Mr. Sakas said that at this time he recommends that we move this subdivision along with an approval in principle of both the Annexation of the southerly 70 feet and approval of the zoning change and preliminary plat of subdivision.

A motion was made by Trustee Turner, seconded by Trustee Larson to approve in principle the annexation of the 65 foot strip conditioned upon an amendment to the draft annexation agreement including the letter dated May 28, 2003 from Randy Carls, Kennedy Homes, concerning the tree issue as an exhibit and authorizes the Village Attorney to draft the appropriate ordinances and revised Annexation Agreement for first reading for the next Village Board meeting.

Trustee Pierce asked Mr. Green, present in the audience, if he was satisfied with the result of his meeting with Kennedy Homes. Mr. Green said that he just received the Kennedy Homes memo dated May 28 tonight. Trustee Pierce said that he doesn’t feel comfortable voting on this tonight because he hasn’t seen the revised draft, and there were a lot of things in the original draft that really concerned him. Robert Silhan, Director of Planning, Zoning and Building, said that the motion is to approve in principle, and the Board is not acting on the actual annexation tonight. Trustee Pierce said there are several issues in the draft agreement that he believes should be addressed. Trustee Caulfield said that he didn’t comprehend the motion and that he goes along with Trustee Pierce. Trustee Larson said that she has seen the final draft and she was in agreement with all of the changes. She didn’t realize that the final draft hadn’t been passed out to the rest of the Board. Trustee Porch said that she had an opportunity to review the annexation agreement, however, she understands Trustee Pierce and Trustee Caulfield’s point of view and maybe we should table this until the next meeting.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

A motion was made by Trustee Turner, seconded by Trustee Pierce to approve the variation along the west property line of Lakeshore Construction be approved conditioned upon the fence, at the east property line, being completed and including the fence at the north and south property line.

Trustee Caulfield said he thought the issue regarding the fence was addressed at a prior time. Robert Silhan, Director of Planning, Zoning and Building, said there had been a question about the fence and two things occurred: 1. Mr. McCarty did begin and constructed most of the fence that the residents in Oakwood Knolls wanted to see. Trustee Pierce received an email letter dated May 5, expressing thanks regarding the construction of that fence. 2. When the May 28 committee meeting was scheduled, Robert Silhan mailed a notice to all of the adjacent residents in Oakwood Knolls who was concerned about the fence issue, so they knew that the May 28 committee was going on.

Mr. Silhan said that no one from the community, or adjacent residents attended that meeting or called him with respect to that. Trustee Larson said that originally, it was not a wood fence, but an opaque type fence, that aesthetically the residents were not happy with and that’s why Mr. McCarty went to the solid wood fence. Mr. Silhan indicated that was correct.

On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

Road within the existing B-2 and OS PUD, per Ordinance 03-01-05; PZB03,06 was reviewed:

The Planning and Zoning Board reviewed the proposed final plat at their public meeting of May 22, 2003, following posting of the agenda on 5/12/03 as required Tim Barrett, Great Lake Principals, and Tracy Richard, Manhard Consulting, presented the proposed final plat.

Bob Silhan, Director of Planning, Zoning and Building, presented his report dated May 16, 2003. The report indicates that the proposed final plat is in substantial conformance to the approved annexation, zoning and preliminary PUD plan as approved by Ordinances Numbered 03-01-01 through 03-01-06, both inclusive. Previous outstanding engineering issues have been resolved at a meeting between the design engineers and the Village Engineers. Therefore, Mr. Silhan recommends that the Final Plat be approved subject to approved final engineering.

There were five people in the audience. No one spoke in opposition of the proposed plat, but detailed questions were raised regarding approval from the Army Corps of Engineers (AcoE), and the installation of the traffic signal along Route 173. Jim Keim, Village Engineer, indicated that the approval letter from AcoE is expected within the upcoming weeks. Mr. Richard explained that the Illinois Department of Transportation (IDOT) will determine when the traffic signal, (to be installed by the developers), becomes operational.

Following further questions and deliberation from the P&Z Board, Bob McCarty moved, Margaret Cole seconded, that PZB03-06, the Final Plat of Subdivision for GLP-Phase 1, Wal-Mart, within the B-2 and OS PUD per Ordinance #03-01-05, be APPROVED, subject to staff comments, and IDOT’s approval of the Route 173 improvements including the traffic signal. Roll call vote: YES: 5; Ipsen, McCarty, Cole, LaReese, and Keller. NO: 0. ABSENT: 1; Baba. The Motion Carried.

Trustee Porch asked if approving in principle was something different than approving the final plat. Bob Silhan said that everything is in order and as he’s concerned, we could approve it, but standard practice has been with Board approves it in principle and provides time for the Village Attorney to draft up an ordinance, so that approval is in writing and very well documented.

On roll call, the vote was:

YES: 5; Pierce, Larson, Caulfield and Turner.

NO: 2; *Porch and Hanson.

THE MOTION CARRIED.

*Trustee Porch voted No because she is concerned about the location and size of the proposal.

NO: 0.

THE MOTION CARRIED.

A motion was made by Trustee Caulfield, seconded by Trustee Pierce to authorize payment of $10,374.11 to the Jeff Diver Group for invoice #10953 for the USEPA acid spill investigation. On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

Mayor Maravelas asked Attorney Long if there is anytime soon that we’ll see some of this money from the trucking company. Attorney Long said it may be a while, but we re working on it. The first aspect that we’re working on is to try to make sure that we have solved as much of the problems that the Attorney General and the EPA has documented. He said that he thinks we have a good handle on that and that we’ve stopped that expenditure first. He also indicated that we will get into a phase where we will try to allocate these expenses back to the appropriate parties.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

Corridor Study, invoice #316745. On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.
A motion was made by Trustee Caulfield, seconded by Trustee Porch to authorize payment of $10,642.65 to Smith Engineering, invoice #316501, for the EFPA Sewer Neumann (escrow). On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

A motion was made by Trustee Caulfield, seconded by Trustee Porch to authorize payment of $13,152.99 to Smith Engineering for invoice #316500, for the Clublands Phase 1 (escrow). On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

YES: 5; Larson, Caulfield, Porch, Hanson and Turner.

NO: 0

PASS: 1; Pierce.

THE MOTION CARRIED.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

YES: 5; Pierce, Larson, Porch, Hanson and Turner.

ABSTAIN: 1; Caulfield.

THE MOTION CARRIED.

A motion was made by Trustee Larson, seconded by Trustee Hanson to issue a raffle license to Antioch District #34 Education Foundation, waiving the fee. Drawings will be held on July 4 and August 14, 2003. On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

NO: 0.

THE MOTION CARRIED.

Trustee Larson said the committee meeting regarding the combined Village/Township park has been rescheduled to Wednesday evening at 6:30 p.m. The committee meeting will be held at the Antioch Township Hall.

A motion was made by Trustee Pierce, seconded by Trustee Porch to accept Heron Harbor 4 subdivision as recommended by Staff Engineer Jim Keim in his memorandum dated May 30, 2003. On roll call, the vote was:

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

Mr. Stahmer, present in the audience, said if the Senior Center Board approves this, is that the same thing as a consultation, he doesn’t understand who the approving authority is. Trustee Pierce said that any resolution can be overridden by a future board, we are trying to demonstrate tonight that we have no desire to override the senior center’s wishes. What we’re trying to say is that we want to work, consult, talk and come up with plans together for the future of the senior center. Attorney Long said that the monies pledged are held in trust by the Village of Antioch for the benefit of the Antioch Senior Center. He said that the best we can do at this point in time is tell you that yes there is a law that requires the trustee is the one that makes the final decision, not necessarily the beneficiary of the Trust, particularly where the benefit of the Trust is an unincorporated body. Mr. Stahmer asked if the Senior Council could incorporate, they have that right to do that? Attorney Long responded that yes they do have that right. Mr. Stahmer asked if they would also have the right to take the Spiering Fund with them. Attorney Long said that is probably correct, however, he would have to look at specific language of the trust and the probate order that approved it. At most it may take a judge to make a final determination of exactly what was the responsibility. Mr. Stahmer said that the Senior Council can divorce themselves from the Village, theoretically, without to much of problem, they have that power to do that and the initiative. Attorney Long said that because of past action, we have had a serious problem and a lot of legal consequences came down. The only benefit that came out of that whole mess, that if money was going to be diverted, the best place for it to be diverted was by the solvent municipal body that has the authority to replace the money. Had it simply been stolen by a non-bonded employee it could have been gone forever which would have been a terrible situation. The advantage of the Municipality with all it’s employees who are bonded, one way or another the money wasn’t going to disappear. He said, despite the hardship, everyone is very fortunate for that. The only concern he would have is to make sure that whatever structure is set up in the future is that the money is in a place where nothing can happen and it won’t fall into the hands of people who are capable of taking the funds and diverting them for their own uses. Trustee Caulfield asked Attorney Long if the resolution is in any way in conflict with the Board’s responsibility. Attorney Long responded that it is not. Trustee Larson thanked Trustee Pierce for doing a wonderful job on writing the resolution. On roll call, the vote was:

YES: 6 Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

Trustee Pierce said at this morning’s meeting, the seniors were encouraged to investigate the advantages of incorporating.

After Attorney Long read aloud Resolution Dissolving the Department of Community Development, a motion was made by Trustee Caulfield, seconded by Trustee Porch to approve Resolution No. 03-17, entitled, A Resolution Dissolving the Department of Community Development. On roll call, the vote was:

YES: 4; Pierce, Caulfield, Porch, and Hanson.

NO: 2; Larson and Turner.

THE MOTION CARRIED.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

NO: 0.

ABSTAIN: 1; Turner.

THE MOTION CARRIED.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.

YES: 6; Pierce, Larson, Caulfield, Porch, Hanson and Turner.

NO: 0.

THE MOTION CARRIED.