VILLAGE OF ANTIOCH

VILLAGE OF ANTIOCH
BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, IL
September 20, 2004
 
CALL TO ORDER Mayor Maravelas called the regular meeting of the Board of Trustees to order at 7:31 pm in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Pierce, Larson, Caulfield, Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe.
MAYOR Appointment of Wayne Foresta – Mayor Maravelas asked for a motion to appoint Wayne Foresta to the Park Board. Trustee Pierce, seconded by Trustee Larson, made the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Mayor Maravelas welcomed Mr. Foresta to the Park Board.

CLERK SWALCO – Clerk Monroe provided information on the upcoming SWALCO events. She stated that the October 9, 2004 collection is at the College of Lake County and that the October 23, 2004 collection is at the Grant Township Highway Department.
CITIZENS Dave Dziki – Dave Dziki, of 659 Brier Wood Court, thanked Mayor Maravelas for the fine job that he is doing. He stated that there have been a lot of improvements in the roads and with the finances. He stated that even though he knows that there have been challenges with the finances, he would like to thank him for his hard work and effort.

Mr. Dziki stated that he read articles in different papers about money missing, about 3 million dollars. He stated that as a long time resident of the Village he feels that it is the Boards obligation to find the money. He feels this is an important issue and that the Village reestablishes its credibility.

Trustee Porch stated that she would like to thank the entire Board and the Mayor for the changes that have been made.

Mayor Maravelas stated that he and the Finance Chair have tried to go beyond the 2003 date, without the help of the other four Trustees, but are stuck.

Dennis Crosby – Dennis Crosby, of 1065 Waterview Circle, stated that he is a businessman, involved in all sizes of business and stated that he does not understand the decision of the Board to not investigate the almost three million missing dollars. He stated that he does not know why all of the Trustees except for Trustee Hanson and Trustee Caulfield are opposed to doing a forensic audit. He also stated that as a taxpayer and a citizen that he is concerned with keeping his taxes low and finding what happened to keep it from happening again. He asked why they don’t want to pursue it.

Trustee Larson stated that she feels that the effort, of looking for money if it is indeed missing, is not being stopped and that a Finance Director was hired at the beginning of the summer. She also stated that they are taking direction from the Finance Director and that in a newspaper article Director Steele stated that she didn’t feel that a forensic audit was needed and that the problem could be incorrect depreciation. Trustee Larson stated that she takes her direction from the Finance Director and if the Finance Director stated that she believes that three million dollars in actual funds are missing that all of the Board members would react. She stated that she thinks all of the Board members want better accounting practices.

Mr. Crosby stated that he feels that the Board should be taking their direction from their constituents and that the money needs to be found or why the three million is unaccounted.

Trustee Larson stated that she feels that there are six Trustees and a Mayor that agree with Mr. Crosby. Mr. Crosby asked why it isn’t being done.

Trustee Larson stated that she hasn’t been told that a forensic audit is needed and that the Village has a Finance Director that hasn’t said it’s needed.

Mr. Crosby stated that there are a lot of citizens that agree with him.

Trustee Turner stated that she doesn’t feel that any of the Trustees disagree with finding the money, if it is missing. She stated that the accounting firm that was hired stated that it could be a hiccup with the financial software. She stated that approximately $200,000 has been spent reconciling the last year and if money is going to be spent on a forensic audit that the Village should be in better shape.

She stated that she doesn’t feel that taxpayer money should be used for a forensic audit to chase money, which could have been a glitch in the system.

Mr. Crosby stated that he would like the Village to find out where the money is and if it is really missing to get the money back and if it is a procedural error to fix it so it does not occur again.

Trustee Caulfield stated that there was a vote and four Trustees voted to not go back this past fiscal year and that when he hears Trustee Turner say “I and We” that he is confused, because “I and We” had the opportunity to find it and specifically voted to not look for it. He stated that one of the reasons he asked for the independent audit/study is because the Village has a history of misappropriation of funds. He also stated that they don’t know if it is real money or a glitch and to not look is a big problem.

Trustee Turner stated that at a finance meeting that the Village Administrator stated that in order to do an audit, a reconciliation of the year ending 2003 was needed and that cost almost $200,000 and that a forensic audit would be extremely expensive at this time. She stated that the Village needs to be in better financial condition and that now the Village needs to go forward. She is not stating that they will never go back but that now they need to take care of what they need to take care of.

Trustee Caulfield stated that if they don’t go back and fix the problem that they can never move ahead like they should.

Trustee Turner stated that she believes the Village is; that they hired a new Finance Director and that they are going forward with book keeping procedures and new staff.

Trustee Caulfield stated that the bottom line is that the Board voted to not go back.

Trustee Larson stated that they voted to implement the GMCS recommendations and that is being done, with new software and the Finance Director. She stated that the forensic audit is not the end all be all, that it will be a lot of little steps. She also stated that at sometime that the forensic audit might be required and that if it is proven to her she will vote for it.

Mr. Crosby thanked the Trustees for their time and stated that if this was a business that the Trustees would not be handling it this way.

Jim Parks – Jim Parks, of 1192 Mystic Cove Drive, stated that he represents himself and the homeowners of Mystic Cove and that he is approaching the Board to ask that they find the missing money. He stated that they need to look back and that if it is an accounting error that it needs to be identified so it doesn’t happen again.

PLANNING, ZONING AND BUILDING Trustee Turner indicated that she had no written report.

Other Business – Trustee Larson stated that in the minutes of a meeting between the Mayor and Lowe’s that the Mayor stated he had the votes of the Board members to vote Menards down. She stated that she wanted to express her disappointment that he would say that since the Menards hearing is still going on and that they have not heard all of the testimony to be able to make up their minds as to whether this would be a good fit for Antioch.

Mayor Maravelas thanked Trustee Larson for her concern. He stated that this was a meeting between himself and Lowe’s and that he was trying to be up front to show the elected officials of the Village what the Mayor is doing. He stated that something was made of nothing.

Trustee Larson stated that he spoke on behalf of the Trustees.

Mayor Maravelas stated that he spoke with three Trustees and that they preferred Lowe’s to Menards.

Trustee Larson stated that there were minutes that indicated that he had the votes on his Board to vote Menards down and that she was offended that he would put the Board members in that position.

Trustee Hanson stated that the newspaper article was almost word for word from the minutes and then within the week all of the newspapers had the story. He stated that the Mayor was trying to meet with them to sell them on Antioch and that the Board makes the final decision.

Trustee Larson stated that Trustee Hanson provided contradictory information to the papers about how he would vote for this issue.

Trustee Hanson stated that he newspapers can put a spin on information.

INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Hiring of Elliot Liebson – Trustee Porch asked Administrator Probst to provide a status of the Economic Development Director.

Administrator Probst stated that Elliot Liebson has accepted the position at $54,000.00 and that he will be starting on Monday, October 4, 2004 and that he will be here before that time to get familiar with the town. He stated that he feels that a good choice was made in hiring him because of his experience.

Trustee Porch verified that he would be living in town. Administrator Probst stated that he would be.

2005 Chamber of Commerce Events – Trustee Porch went over the Chamber Events for 2005 and asked for a motion to approve the events. Trustee Turner made the motion, seconded by Trustee Larson.

Mayor Maravelas asked that this vote wait until he could discuss some new information in executive session.

Trustee Larson withdrew her second and Trustee Larson withdrew her motion.

Closure of Toft Street – Trustee Porch stated that she was tabling this item since she didn’t have all of the information.

Trick or Treat – Trustee Porch made a motion for Trick or Treat hours to be from 3:00 pm to 6:00 pm on Halloween. Trustee Pierce seconded the motion.

Trustee Pierce asked if the hours are usually 4:00 pm to 7:00 pm. Trustee Porch stated that it is when Halloween falls on a weeknight but that this year it falls on a Sunday.

On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

FINANCE AND ADMINISTRATOR Invoices over $10,000 – Trustee Caulfield made a motion to authorize an invoice to the Antioch Police Pension Fund, in the amount of $134,508.34 for the Village’s Contribution. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Trustee Caulfield made a motion to authorize an invoice to DFCC, in the amount of $42,234.45 for the Sewer Rehab project. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Trustee Caulfield made a motion to authorize an invoice to Smith Engineering, in the amount of $29,009.85 for the NeuHaven Site Development. Trustee Hanson seconded the motion.

Trustee Porch asked if this payment was being paid from escrow. Engineer Nyberg stated that it is.

On roll call, the vote was:

YES: 3: Caulfield, Porch and Hanson
NO: 1: Pierce
PASS: 2: Larson and Turner
THE MOTION CARRIED

Trustee Caulfield made a motion to authorize an invoice to Smith Engineering, in the amount of $12,879.25 for the Clublands Site Development. Trustee Porch seconded the motion.

Trustee Porch asked if this payment also was being paid from escrow. Engineer Nyberg stated that it is as well.

On roll call, the vote was:

YES: 3: Caulfield, Porch and Hanson
NO: 1: Pierce
PASS: 2: Larson and Turner
THE MOTION CARRIED

Accounts Payable – Trustee Caulfield made a motion to approve the accounts payable in the amount of $389,754.51, as prepared by Village staff. Trustee Porch seconded the motion.

Trustee Pierce stated that he would like to see check 40740, to AccountTemps, pulled due to his concerns over the quality of service that has been provided for the last year.

Finance Director Steele stated that four different temps have been used by AccountTemps and that after they found out that they were unqualified that they were let go. She stated that the current charges are for a temp that is doing very well and has brought the escrow accounts into good shape. She stated that her recommendation is to approve the invoice.

Trustee Pierce stated another check was 40812, to the Lake County States Attorney and that he has questions concerning this during executive session and that he would like to discuss it.

Trustee Pierce also stated check 40873, Wysocki & Smith, because he thought that they were done with them well over a year ago. Attorney Long stated that they are the attorney for the Police Pension Fund. Trustee Pierce verified that they were not involved with Neumann Homes. Attorney Long stated that they were not. Trustee Pierce stated that he withdrew this then.

Trustee Porch stated that she would amend her second to temporarily approve check 40812 until after it is discussed in executive session. Trustee Caulfield amended his first to temporarily approve check 40812 until after executive session.

On roll call, the vote was:

YES: 5: Larson, Caulfield, Porch, Hanson and Turner
NO: 1: Pierce
THE MOTION CARRIED

Manual Checks – Trustee Caulfield made a motion to approve manual checks written to date for the water and sewer account in the amount of $34.04, the payroll bank account in the amount of $38,988.55, the AP concentration account in the amount of $7,882.00 and payroll in the amount of $193,802.73. Trustee Porch seconded the motion.

On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Escrow Invoices – Trustee Caulfield stated that the escrow is informational.

Trustee Pierce stated that he noticed B&F Technical for Wal-Mart building inspections and since there have been a lot of problems with Wal-Mart he’s wondering if we have already billed out to Wal-Mart so we can pay B&F Technical.

Director of Planning, Zoning and Building Silhan stated that this is the final payment of ten payments. He also stated that they have an extensive punch list from B&F Technical that the Village will be reviewing.

Trustee Pierce asked if the Village is getting money before Village money is spent, from escrow, to pay invoices. Attorney Long asked if he meant if there is money in the account to pay from. Trustee Pierce stated that is correct.

Director Steele stated that the escrows were not up to date, but they are now. She then explained that a copy of the invoice goes to the billing clerk so that she can bill out monthly.

Trustee Porch verified if money is in the escrow account prior to paying. Director Steele stated that there is.

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES Trustee Hanson indicated that he had no written report.
Other Business – Trustee Hanson stated that a committee meeting has been scheduled for this coming Friday at 8:00 am.

Trustee Pierce asked if the stoplights would also be discussed. Trustee Hanson stated that it was tentative, since there is limited time for the meeting but that there is going to be another meeting, the following week and maybe it could be added to that agenda.

PARKS AND LICENSE Park Rental – Trustee Larson made a motion to approve a park rental alcohol request for Jack Fields at Williams Park on October 17, 2004 and Karen Okolita at Pedersen Park on September 26, 2004. Trustee Hanson seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Park Rental – Trustee Hanson made a motion to approve a park rental alcohol request for Dorothy Larson at Centennial Park on September 25, 2004. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 5: Pierce, Caulfield, Porch, Hanson and Turner
NO: 0
PASS: 1: Larson
THE MOTION CARRIED

Park Rental – Trustee Larson made a motion to ratify the approval of a park rental alcohol request for Wally Licht at Williams Park on September 5, 2004. Trustee Larson stated that the Park Board is working on a process, suggested by Attorney Long, to eliminate the need for the Trustees to approve these requests. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Joint Village/Township Park Raffle – Trustee Larson stated that Raymond Chevy has offered to donate the new model truck that cost about $46,000.00, for a raffle for the joint Village/Township Park. Attorney Long stated that it is the Chevrolet SSR.

Trustee Larson stated that they will be donating a large portion of the value of the vehicle for the raffle. She stated that they would like organizations, civic and sports, to be involved in the raffle. She stated that the Township has taken it before their Board and have support. She asked if this Board would support it.

Trustee Porch asked if it is similar to what Lake Villa did. Trustee Larson stated that it is. Trustee Porch asked if the value of the tickets would be similar. Trustee Larson stated that it would be and that they are still working on the exact amount, but that it will be something that a family can afford to buy. She stated that this is an opportunity to benefit from Raymond Chevy’s generosity and to raise much needed funds to develop this park.

Trustee Pierce stated that it is a great idea but wanted the Village Attorney to verify if it’s legal for the Village to run the raffle. Attorney Long stated that the Village can run a raffle.

Trustee Porch stated that it is a good idea and asked if Trustee Larson will be making a motion. Trustee Larson stated that she would make a motion to proceed with the raffle. Attorney Long stated that it is fine as long as final action is not taken without coming back before the Board.

Trustee Larson made a motion to proceed with the joint Village/Township Park raffle. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Other Business – Trustee Larson stated that the Friends of the Park will be meeting this Saturday, September 26, 2004 at Jensen Park from 8:00 am to 11:00 am. She stated that this will be the last clean up of this year.

ENGINEERING AND SENIOR SERVICES Hazard Insurance – Trustee Pierce stated that he would like to ask the Village Board to authorize the Village Administrator to investigate hazard insurance for the Village. He stated that currently the Village has IMLRMA and that during the last two flood incidences that some of the residents that filed claims were denied based on the fact that it’s not the Village’s responsibility to ensure that the storm sewers are clear. He stated that they should check with all of the insurance agents in Illinois to see if they can provide better insurance for the Village. Trustee Pierce made a motion to authorize the Village Administrator to investigate hazard insurance for the Village. Trustee Larson seconded the motion.

Mayor Maravelas asked Administrator Probst if the Village currently goes through a request for proposal process for insurance. Administrator Probst stated that it has not been done since he has been at the Village. He also stated that IMLRMA is used for most municipalities because of the package they provide and the price of coverage.

On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

ATTORNEY Resolution 04-26 – Attorney Long read the resolution. Trustee Hanson made a motion, seconded by Trustee Caulfield, to approve resolution, 04-26, entitled Resolution Entering into a Consent Decree with the Illinois Environmental Protection Agency and the Illinois Attorney General.

Trustee Pierce questioned the 60-day time frame, since that is not enough time to clean up Sequoit Creek. He also stated that he does not approve with the groveling language in the consent decree and that the 60-day time frame is impossible, especially given that the coordinator of the event is not going to be back for a few weeks.

Attorney Long stated that this order has been in negotiations for almost 6-months and that the 60-days may seem difficult but that there is a provision for force majeure. He explained that a force majeure is commonly known as an act of God and that if a hurricane is pulling our staff away, making it impossible for the Village to complete the project, then that is an automatic extension. He also stated that when this is being negotiated, it’s not from a position of strength and by working with the state and being up front and candid with them that they will be happy to cooperate with the Village. He explained that instead of paying fines to Springfield it is being applied locally, but without the approval of the SEP (Special Environmental Program) the Village would have to pay the whole fine.

Trustee Pierce asked if the Village gets credit for the work already done at Sequoit Creek. Attorney Long stated that we’ve already gotten credit. Attorney Long stated that the grovel codicil is jurisdictional, according to the environmental attorney. He said that the language is taken straight out of the statute.

On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Trustee Pierce asked for confirmation as to whether or not the Village Engineer is leaving. Mayor Maravelas stated that he has not received a letter of resignation.

Attorney Long asked if the Trustees wish to entertain payment of the amount required by the consent decree. Trustee Pierce made a motion to approve the payment. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Executive Session – A motion was made by Trustee Larson for the Mayor and the Board of Trustees to move into executive session, at 8:30 pm. Trustee Caulfield seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Return – Trustee Pierce made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 9:35 pm, with no action to be taken. Trustee Larson seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

ADJOURNMENT A motion was made by Trustee Pierce and seconded by Trustee Turner to adjourn the regular meeting of the Board of Trustees at 9:35 pm.
 
Respectfully submitted,

__________________________
Amy S. Monroe, Village Clerk

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