VILLAGE OF ANTIOCH

VILLAGE OF ANTIOCH
BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, IL
October 4, 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.
MINUTES Mayor Maravelas indicated that the minutes are not correct on the agenda so they can’t be approved but asked if there were any corrections that needed to be made.

August 16, 2004 – Trustee Porch stated that, on page nine, the information on the Staffing Plan was not clear. She stated that her impression after reading the minutes that they were hiring one full time employee and two part-time employees, but that is not the case. She stated that some clarification needs to be made, to accurately represent the positions.

Trustee Caulfield verified that she was saying her understanding is that it was one full time and two part-time. Trustee Porch stated that was her understanding originally, but that once she spoke with the Finance Director she understood that it was two part-time people about 25 to 30 hours per week and one person at 12 to 15 hours per week, which is not reflected in the minutes.

Trustee Caulfield stated that the minutes reflect the conversation at the Board meeting. Trustee Porch stated that is correct but the conversation at the Board should reflect what is being hired for. Trustee Caulfield stated that he feels that the minutes should reflect the conversation at the Board and this is what happened. Trustee Porch stated that there was a memo from the Finance Director stating what she wanted and she’s sure that it was discussed at the Board meeting.

Trustee Pierce stated that Trustee Porch is probably correct that he thought they approved one full time accountant and two part-time people that would create one full time position. Trustee Porch stated that is what she thought she remembered but that it is wrong, according to the Finance Director.

Trustee Porch asked Administrator Probst if Finance Director Steele has hired two positions at 25 to 30 hours a week. Administrator Probst stated that she is correct. Trustee Porch asked if there was also a position of about 12 hours a week.

Trustee Pierce stated that the minutes aren’t being approved tonight, so they could discuss this with Finance Director Steele when she returns.

Trustee Pierce stated that on page 8, he thought he said prior warning not fair warning. On page 10, he stated he said, “investigating the financial issues and problems caused by the AccountTemps”.

Trustee Larson stated that on page 8,”for” should be changed to “from”. On page 3,”if” should be changed to “in”.

Trustee Porch stated that on page 9, “if on of the positions” should be changed.

September 7, 2004 – Trustee Pierce stated that on page 4, “they“ should be changed to “the”.

Trustee Hanson asked if these changes should be given to Clerk Monroe outside of the meeting for the changes to be made. Trustee Larson stated that they are providing them now so that she can make the changes.

Trustee Porch asked if on page 2, if it is correct that the minutes were from July 19, 2004. Clerk Monroe stated that it was correct.

Trustee Porch stated that on page 4, it should say “it was finally recorded in” not “finally in”. On page 11, the sentence under Engineering and Senior Services needs to be completed. On page 12, the second and roll call need to be added.

Trustee Larson stated that on page 7, “verified” should be changed to “ask for verification” and the same change needs to be made on page 10. Also on page 10, change “reposed” to “repossessed”.

Trustee Porch stated that the page numbering needs to be corrected. Trustee Porch asked when the minutes from the last meeting would be available. Clerk Monroe stated that they would be on the agenda at the next meeting. Trustee Porch stated that she suggests that the Village Clerk be given enough time to prepare minutes on a timely basis. She stated that in the past, minutes weren’t reviewed and time so changes weren’t made and the Village was sued.

MAYOR Mayor Maravelas stated that Sara Faiwell was present and that she is with the Daily Herald and will be covering the Board meetings. He welcomed her to our community.
CITIZENS Jeremy Letkey – Jeremy Letkey, of 278 Sunset Lane, stated that he was here to readdress the issue of flooding on May 21, 2004 and May 22, 2004. He stated that the insurance company denied the claims and he is wondering what else can be done. He also stated that the Mayor told him he would help in any way he could.

Mayor Maravelas stated that the Village is checking into new insurance coverage.

Attorney Long explained that the insurance company only pays on a claim when the Village has a legal liability and there is no legal liability for flooding because the Village is immune to the suit. He stated that essentially the insurance companies don’t pay on these claims. He stated that they only pay if there is full or wanton neglect. He also stated that he knows that everyone feels badly for what happened to his home.

Mr. Letkey thanked everyone.

Dave Dziki – Dave Dziki, of 659 Brier Wood Court, stated that he was here last meeting and that he complemented the Mayor on his leadership and that it was a positive comment. He stated that the Mayor thanked him, but that one of the Trustees made a comment that minimized his appreciation for the Mayor. He stated that he didn’t appreciate the minimization of his comments.

Mr. Dziki also stated that he has noticed a lot of Trustees passing on votes. He stated that he did not vote for Trustee to pass. He feels that they should be voting Yes or No and that passing is an easy way out of a hard decision.

Attorney Long stated that the Trustees do have the prerogative to vote any one of the three ways. Mr. Dziki stated that he is aware of that, but that his opinion is that if you can’t make a decision that you shouldn’t be a Trustee.

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

Other Business – Trustee Turner read the following letter:

Dear Citizens of Antioch,

Election campaigns are underway in Antioch. I would like to remind those who are running for office that it is not about “I” or “me” or “he” or “she”, it’s about “we”. “We the People of the United States in Order to form a more perfect Union”. These words are taken from the preamble of the Constitution of the United States written over 200 hundred years ago. The Constitution is the foundation upon which our democracy is built and should be the standard lived up to by those elected.

Another important part of the Constitution insures our rights to certain freedoms. The First Amendment states: Congress shall make no law respecting an establishment of religion. Or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (Abridging means to curtail, lesson, or to diminish.)

To the guardians of the First Amendment, those who write the stories, report he facts, give an opinion, when there are those of us too fearful. To them I would like to say thank you and keep up the good work.

“If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” -- George Washington

Respectfully,
Paul Green

INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Other Business – Trustee Porch welcomed Elliot Liebson, the new Economic/Redevelopment Director.

Director Liebson thanked everyone for the opportunity and stated that he previously worked in a suburb of St. Louis. He stated that he had reasons to look outside of that employment and found Antioch and thinks it will be a perfect fit and is looking forward to the future.

Approve Closure of Toft Avenue – Trustee Porch stated that there is a request to close Toft Avenue for OctoberFest and that Special Events Coordinator Horton would explain.

Coordinator Horton stated that only part of Toft Avenue needs to be closed, from Orchard Street to the first entrance of the Post Office. She stated that there will be a German Dog Costume Contest and that they want to be able to parade the dogs around.

Trustee Porch made a motion to close Toft Avenue from 12:30 pm to 1:30 pm on Saturday, October 9, 2004. Trustee Larson seconded the motion.

Trustee Caulfield asked why the street needs to be closed for this. Coordinator Horton stated that they are hoping to have so many dogs that they won’t have any other place and also that the Band shell and the Mini Park are being used for other activates.

On roll call, the vote was:

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

Skidmore Drive – Trustee Porch stated that she wanted to make everyone aware that Skidmore drive would be closed October 9, 2004 and October 10, 2004 for OctoberFest.

Other Business – Trustee Porch stated that the first annual ShareFest was completed and that it was well attended by the community. She stated that fire hydrants were painted, there was a food and clothing drive, public works buildings painted, the boardwalk extended and the other things were set in motion. The Village was given a plaque for their participation, which Clerk Monroe read.

Trustee Porch stated that they received so much in donations that they had to give some to other communities.

Trustee Pierce stated that they have been out for the last few weekends working on the fire hydrants. He also stated that they were repairing senior homes and doing a wonderful job. Trustee Porch stated that they worked on 40 homes.

Other Business – Trustee Porch stated that Antioch High School will be doing firework displays on October 8, 2004 and October 15, 2004 and that this is informational.

Other Business – Trustee Porch reminded everyone that the First Annual OctoberFest will be held this Saturday, October 9, 2004 from 12 pm to 10 pm and that Homecoming is on October 16, 2004. She also stated that Halloween Howl will be held on Friday, October 22, 2004 and Saturday October 23, 2004.

FINANCE AND ADMINISTRATOR Contracts over $10,000 – Trustee Caulfield stated that this item on the agenda is to approve the contract with the auditor but due to confusion on how it was represented on the agenda he would like to wait till the next meeting.

Approval of Additional Finance Staff – Trustee Caulfield stated that there is a memo, in the packet, from the Finance Director regarding a staffing request. Trustee Caulfield made a motion to hire a full time equivalent for Finance. Trustee Hanson seconded the motion.

Trustee Caulfield stated that he had been arguing for sometime that more help was needed to speed up the process of getting the finances and records in order. He stated that he was a little disheartened when the admission was made that it can’t be done without more help. He stated that the timing of the request is troubling him and that he knows the help is needed and that he is pleased that the Finance Director is moving forward.

Trustee Larson stated that she is aware of the needs but that she has questions regarding the document Director Steele provided. She stated that the memo does not list the qualifications required for the position. Trustee Larson stated that she also has questions about the unforeseen demands listed in the memo.

Mayor Maravelas stated that Administrator Probst can answer her questions.

Trustee Larson asked about the portability of police pension payables and if an officer moved to another community. Administrator Probst stated that the current records are not set up to be able to move the pension and the change in process is quite extensive. He also stated that the found out that more work needs to be done for the police pension.

Trustee Larson stated that the way it is worded it sounds as though this will be a one-time issue. Administrator Probst stated that it is one time for this officer but it will apply for any officer in the future. Trustee Larson stated that she understands but that once the software is in place that it should not be that difficult for future officers. Administrators Probst stated that is true.

Trustee Larson also questioned the parking lot behind the Police Department because it came up at the Senior Advisory Council meeting. She stated that it was an agreement between the Village and the Church so she doesn’t understand the language that it isn’t recorded and documented. Administrator Probst stated that several examples pertain to the lack of records for financial liabilities. He stated that the research to go back and find the financial liabilities is a big piece.

Trustee Larson stated that she understands but that this one is not a liability until when and if the Village decides to do it. Administrator Probst stated that Director Steele understood that this was already a liability and may have misunderstood.

Attorney Long stated that a more concrete example, which is the final payment for the police station. He stated that there was not any documentation when the payment needed to be made or whom it needed to be made to. He stated that these types of things became unexpected liabilities and that Director Steele is trying to set up a process so that they are budgeted for.

Trustee Larson stated that yearly payments had been being made for the police station and that the final payment wasn’t made to ensure there were not any liens against the property. Attorney Long stated that it had been budgeted for but that the payment was not made until the owner came back. There was not a process set-up to know when the payment needed to be made.

Trustee Larson stated that she has more questions and that it is not that she is not in favor of hiring someone but that she needs her questions answered.

Mayor Maravelas stated that as he understands one of the individuals is an accountant. Administrator Probst stated that one of the two that was hired has an accounting background and the other has a master’s degree in accounting.

Trustee Larson stated that she is questioning the qualifications of the position being requested.

Trustee Caulfield stated that Director Steele said that she thought it would be a tough sell and wanted it on the agenda in case there were any questions, to get the ball rolling. She also stated that she had talked with many of the Trustees, including Trustee Larson and if the Board is uncomfortable then he will withdraw his motion.

Mayor Maravelas stated that there is a motion and a second and that they should proceed.

Trustee Pierce stated that he appreciates Trustee Larson’s concerns and that we have been fiddling with the finances for a year or more and that everyone is arguing about how to do it and how to pay for things. He stated that the main thing that everyone agreed upon is that a Finance Director is needed to tell them how to proceed. He also stated that she has submitted written documentation as to what she needs and we should allow her to move forward.

Trustee Hanson stated that he was at the committee meeting and that Director Steele is finding more issues that she can’t handle and that before the Village can go forward that she has to handle some of the issues from the past. He also stated that with the software implementation that they will be working on two systems and will be doing cross training.

Mayor Maravelas stated that this will allow her to put issues like ordinance 02-10-18 to peace.

Trustee Pierce stated that he likes that she is documenting things by putting them on paper.

Trustee Porch stated that she needs clarification on the current staff. She stated that two part-time 25 to 30 hours per week and Rachel at 12 to 15 hours. Administrator Probst stated that is correct.

Trustee Porch verified that this position is for a full time equivalent. Administrator Probst stated that she is correct. Trustee Porch also verified that there would not be a need for anyone from AccountTemps. Administrator Probst stated that she is correct.

Trustee Larson asked how many full time equivalents this provides the Village with. Administrator Probst stated that it would be 3.

Trustee Caulfield stated that Trustee Porch went to great lengths at the committee meeting that the utility clerk does not fall under finance but that you just agreed with Trustee Larson that it does fall under finance.

Trustee Pierce stated that Administrator Probst needs to create an organizational chart detailing all of these positions. Administrator Probst stated that he would and that he is also working on job descriptions. He stated that now it will be 1 ½ for utility and that for finance that it will be 2 part-timers, 2 full timers and the Director Steele.

Trustee Hanson stated that it was also discussed that the current staff has been putting in a lot of overtime and gathering a lot of comp time and that it will have to be given to them.

Trustee Larson stated that she has questions and that she did talk with Director Steele about this but that it was before she saw the memo. She stated that she will support this but that she would like to get some answers so she knows what this person is for.

On roll call, the vote was:

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

Treasurer Reports – Trustee Caulfield stated that the treasurer reports for May, June, July and August, which were included in the agenda packet, would be reviewed at the next finance committee meeting.

Invoices over $10,000 – Trustee Caulfield made a motion to authorize an invoice to Lake County, in the amount of $21,863.40 for Sewer User Fees – NE system. Trustee Pierce seconded the motion.

Trustee Pierce stated, for clarification, that this is for the Neumann Sewer System that is passed to the Old Mill Creek treatment plant.

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 Carmichael Construction, in the amount of $43,819.04 for partial payment #3 for the Senior Center. Trustee Pierce seconded the motion.

Trustee Larson asked if construction is on schedule, since the original date was October 15, 2004 but there was a problem with the trusses. She asked if penalties can be applied if it is not done by November 1, 2004. Engineer Nyberg stated that there is not a penalty clause. Trustee Larson asked what would happen if it is not done by November 1, 2004. Engineer Nyberg stated that the Village can withhold the retainage.

Trustee Larson asked if November 1, 2004 is the expected date, since she heard there is a delay with the windows. Engineer Nyberg stated that the windows should be here by Wednesday, but that it will be hard to make the November 1, 2004 date.

On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Accounts Payable –Trustee Caulfield made a motion to approve the accounts payable in the amount of $169,040.86, as prepared by Village staff. 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 stated that he noticed the Trustees struggling with the order of the paperwork and will discuss that for the next meeting.

Manual Checks – Trustee Caulfield made a motion to approve manual checks written to date for the AP concentration account in the amount of $653.32. Trustee Porch seconded the motion.

Trustee Pierce stated that he read the newsletter with interest and appreciates the Mayor informing everyone in the Village of what’s going on but that the newsletter had a definite slant of one agenda over the other agenda. He stated that he would like to see the newsletter stick to operations.

Mayor Maravelas thanked Trustee Pierce and stated that he would try to accommodate him.

Trustee Hanson thanked Mayor Maravelas for including the changes to the police department.

On roll call, the vote was:

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

Trustee Caulfield stated that he feels inclined to make a comment. He stated that he doesn’t think that when a citizen makes a comment that the citizen should be mocked. He stated that Trustee Pierce or any other Trustee can vote as they want and asked if mocking comments could be avoided during his committee report.

Trustee Porch asked Trustee Caulfield if he is reprimanding the Mayor. Trustee Caulfield stated that he is expressing his opinion.

Trustee Caulfield made a motion to approve payroll in the amount of 187,599.95. 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.

Other Business – Trustee Larson stated that she would like to read a statement, as it relates to finance. Trustee Larson read the following statement:

Recent events like citizens addressing the Board with their dismay that the village is not concerned over three million dollars missing and the most recent letter from the mayor indicating, “and I quote” some of the village board members seem hesitant to go back into our financial history.

Nothing could be further from the truth. This board, when asked has given the go ahead for Audits to Audit the Auditors, we have authorized a twenty five thousand dollar expenditure for a one year audit, that has now increased to well over two hundred thousand dollars and it is not finished yet.

No one, I repeat, no one, has come to this village board with any documentation, or with any hard evidence to even show this board that the books are off by $2,955,212.00. I am not saying it does not exist, I would just like to see it.

If our Finance Director, Trisha Steele would like an Audit of further years past, she should come to the board and request such an audit, just like she does for additional help or equipment. This board has been very supportive of the needs of all of our departments, but as of yet, no one has come before this board with a request and a motion for an audit; the reasons we need it, and the cost of such and audit.

Talking with the Tribune about three million dollars missing, a letter in the community calendar, or political friends of the mayor coming before this board will not find a deficit in our accounting. FACTS, brought before this board, a recommendation from our Finance Director, and the cost of such a project, is the proper way and the most fiscally responsible way to accomplish this task.

If we are to look into the past I do not object, I would certainly like to get our present financial situation current so we can move ahead. We should be more concerned with this administrations accounting irregularities than those of the past. This administration has been misappropriating Park Impact fees and spending these fees on the other things that are unauthorized by the law. The Parks Director, the Park board and I have been questioning this for over three years and it has gone on deaf ears. I believe there could be over three hundred thousand dollars misspent that belongs to the Park Fund. Lets be fiscally responsible in this administration first.

To keep throwing good money at ghosts of the past and not cleaning up our own house is not financially responsible at this time.

Mayor Maravelas stated that Trustee Larson had written a nice letter.

Trustee Larson stated that it is her response to some of the comments that she has heard and read in the press.

Mayor Maravelas stated that she has been here 13 years. Trustee Larson corrected him; she’s been here 11½ years.

Mayor Maravelas stated that she has just woke-up. Trustee Larson stated that she has been supporting all of the fact-finding but that she wants back-up information. She wants to know information supporting why they are going into past years, the cost and how far back they will go.

Mayor Maravelas stated that there is a memo from Director Steele that there appears to be another accounting issue not booked correctly in 1999 and that he was not here but Trustee Larson was.

Trustee Larson stated that estimates of cost and a timeline of past years are needed so that they are not just slinging mud at people of the past.

Mayor Maravelas stated that the Finance Chair has been begging the Board for the last 2½ years and the Board refused to let him do his job.

Trustee Larson stated that they just approved hiring a new person because they know there are problems that need to be corrected. She stated that she was addressing things she has read in the paper and the newsletter that she wanted to be able to respond to.

Trustee Hanson stated that they should just move on. Mayor Maravelas stated that they should move on.

Trustee Caulfield stated, for the sake of correcting the record, that not everything from these meetings gets into the paper and that a particular side of these meetings ends up in the paper. A citizen from the last Board meeting had some concerns, which did not get into the papers, and several Trustees told him that they support looking back or doing whatever; however if the voting record was presented to this citizen he would see that the same Trustees that told him they support looking back are the same ones that voted against looking back. He stated that needs to be heard and it is not.

Trustee Turner stated that she has always supported reconciling the books back to April 30, 2003. She stated that she supports this because a base line is needed and that the Village needs to go forward with proper accounting procedures. She stated that she doesn’t think anyone on the Board will disagree with that. She also stated that at some point in time, after proper accounting procedures are in place that they may find that they need to go back and find out what was going on. However, the experts stated that it could be a myriad of things, accounting glitches or incorrect depreciation of assets or many things. She also stated that GMCS told all of them that there were fund deficiencies, that they had terrible accounting practices and no one disagrees. However, she was never given any proof of the deficiencies and she would like to see something in black and white.

Trustee Turner also stated that she is not able to attend the finance committee meetings but that she would like to see minutes from those meetings. She would like to read about what was discussed.

Trustee Caulfield stated that she could request them from the Clerk. Trustee Turner stated that she is requesting them of him.

Mayor Maravelas asked Trustee Turner if she has any experience as a CPA or in business. Trustee Turner stated that she does not.

Other Business – Trustee Porch stated that it sounds as though the Mayor has received a memo from the Finance Director regarding Mr. Gebert. Mayor Maravelas stated that he had. Trustee Porch asked if she could assume that it would mean that they would be sending Mr. Gebert his funds. Mayor Maravelas stated that they would not be until they verified the accounting. He stated that it had been booked incorrectly.

Trustee Porch asked why the Village is penalizing these people if the Village booked it incorrectly. Mayor Maravelas asked if the whole Village should be penalized if this is incorrect.

Trustee Hanson stated that this was discussed in the last committee meeting that Director Steele needs to research this by digging through all of the boxes, which is part of the reason she needs more help. He asked why Trustee Porch is bringing this up when Director Steele is not even here.

Trustee Porch stated that she brought it up because the Mayor brought it up and she hasn’t seen the memo.

Mayor Maravelas stated that he brought it up to reinforce the need for more help.

Trustee Pierce stated that if he understands correctly, that the Finance Chairman saying that they have paid but that it hasn’t booked it correctly. Trustee Caulfield corrected him, saying that it is the Finance Director. Trustee Pierce stated what he has heard is that they will be held hostage until the Board agrees to do what the Mayor wants.

Mayor Maravelas stated that he got the memo from the Finance Director and that the Trustees are the ones that make the laws, if Trustee Pierce wants to make the motion then they can move forward on it.

Trustee Porch stated that they have an ordinance regarding the recapture so a motion is not needed.

Mayor Maravelas stated that it was booked incorrectly and they don’t know where the money went.

Trustee Porch stated that it has been researched and found it.

Attorney Long stated that it has never been found in our books but that there was a wire transfer into our account; what happened to it at that time, no one knows. He stated what hasn’t been discussed in public, is that the ordinance is inaccurate. He stated that it is inaccurate because one payment was not made until years later. He also stated that how it came about is the question, because if a credit is being given to a property owner but the payment wasn’t made for a couple more years that raises substantial questions to the validity of the payments. He stated that if the payments have been made then the money is owed to them. He stated that his suggestion was that if there is a problem locating it, perhaps it makes more sense to go back to the person that paid the large sum, which is a rare occurrence to make that type of payment, and ask for documentation to help us solve our accounting issue.

Mayor Maravelas stated that out of all of the individuals involved in the recapture that only one has sent in canceled checks.

Trustee Porch stated that something came in years later and that is important information for the Trustees to have. Attorney Long stated that it was still being worked at the staff level to get all the information for the Trustees.

Trustee Pierce stated that he was lectured previously for making a disparaging remark and that he apologizes to Mr. Dziki and that he doesn’t think that the Attorney should be commenting on someone not being able to pay their bills. Attorney Long stated that what he was saying is that it is unusual for someone to make a payment of that size so it should be easy to find their documentation.

Trustee Pierce thanked Attorney Long for clarifying. Trustee Pierce then made a motion that staff research this recapture and return before the Board with the results by November 1, 2004.

Trustee Turner stated that it has been her belief that when someone received money from a recapture that it was paid by a property owner that tapped in, the taxpayers do not pay this.

Mayor Maravelas stated that Finance Director Steele cannot find what account the money went to and that if they provide canceled checks then the Village will be glad to accommodate them.

Trustee Turner stated that the pipe is in the ground and whoever put that in was paid. She stated that there is an ordinance that states who paid and that the ordinance states that when they hook up we have to pay the money. She stated whether or not the Village can find evidence of when the payment was made is irregardless.

Mayor Maravelas stated that this falls under her committee and suggests that she instruct the Village Administrator and Village Attorney to put this on the agenda. Trustee Turner stated that it is engineering.

Trustee Pierce stated that his motion is on the table to research this. Trustee Larson seconded the motion.

Trustee Caulfield asked if the decision is to legislate having a decision in a month, knowing that for years records have not been correctly kept and now it is to be cleared up in a month.

Trustee Pierce stated that he is asking that staff, whoever that may be, turn up answers within a month.

On roll call, the vote was:

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

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES Potable Water Agreement – Trustee Hanson stated that there are two different copies. Attorney Long explained that Neumann’s attorney brought in a new copy and that the only difference is the drawings for exhibit A. He explained that this is the agreement that was negotiated to ensure that there is sufficient water for the continued development at Neumann. He stated that part of the design is for a million gallon tank and that they are entitled to some recapture for the 200,000-gallon excess. He also stated that there is a timeline for the wells and the storage tank to be online.

Trustee Larson stated that she has a question about Section 4 on page 3. Her recollection was that part of that was to be removed, per Director Silhan’s recommendation. She stated that she did not understand why this was included in this document. Attorney Long stated that it is because the recording of the final plat for Clublands 3, which has already been approved, until such time that we had assurances that the water system would be in place. Trustee Larson stated that it is not in place yet. Attorney Long stated that it will be in place in time if the engineering criteria is met.

Trustee Larson stated that this paragraph makes it seem like they are getting approval before they have shown us the water storage and wells.

Attorney Long stated that the Village has already approved the plat of phase 3. He stated that this paragraph is where they tried to put in the limiting language and that you have to read the two parts together. He stated that it says that we will do what ever we can to expedite the finalization of the paperwork subject to the right to hold the permits.

Trustee Larson stated that agreeing to the first paragraph does not give them a right to any permits if they don’t comply with what they agreed to. Attorney Long stated she is correct and that ultimately the Village holds the final key.

Mayor Maravelas stated that Neumann Homes is not getting any permits.

Jerry Callaghan, representing Neumann Homes, states that he agrees that the Village has the right to withhold permits.

Trustee Pierce stated that Neumann Homes will be paid back the amount of the money between the difference in the 750,000 gallon tank and the million gallon tank by tap on fees. Attorney Long stated that it is a recapture of sorts.

Trustee Pierce stated that the water pressure in Oakwood Knolls is low and asked if the low pressure is a result of Neumann.

Trustee Hanson stated that the water pressure has nothing to do with Neumann Homes.

Superintendent of Public Works Smith stated that Oakwood Knolls is unique in that it has a booster pump and that it has more pressure than most developments.

Trustee Porch asked if Engineer Nyberg has seen the new document. Engineer Nyberg responded that he has.

Trustee Hanson made a motion to approve the agreement as presented. Trustee Pierce seconded the motion.

Trustee Caulfield asked about page 3 – Cost of Construction, he stated that there is not any timing indicated for tap-on fees. Attorney Long stated that they are provided as a credit when the building permit is issued. Attorney Long stated that is dictated by the settlement agreement.

On roll call, the vote was:

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

Other Business – Trustee Hanson asked Superintendent Smith to verify that once the Neumann system is on line that the water tower on Toft Street can be taken down. Superintendent Smith stated that it is in the budget to come down but that it is needed for fire protection until Neumann is online.

Additional Utility Billing Staff – Trustee Hanson stated that this was discussed at a finance meeting and made a motion to approve the ½ FTE for utility billing. Trustee Caulfield seconded the motion.

Trustee Larson asked where this person is going to sit. Administrator Probst stated that some of the staff is staggered so they aren’t coming in at the same time. He also stated that some rearranging will be needed and that once the AS400 is out there will be some room where it is sitting.

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 it was brought to her attention that the Public Works employee of the month program was discontinued and was wondering why, since it seemed like it was good program. She was wondering if it could be tweaked so it could be reinstated.

Trustee Hanson stated that it was a good program but that some of the employees were going outside of the structure of the program and were upset that the time was being spent how it was. Superintendent Smith and the Mayor discussed it and they are looking into making changes to the program.

Superintendent Smith stated that monthly the guys would vote for the employee of the month and then the crew would throw a lunch for that employee. Some employees didn’t want to participate because they didn’t agree with the time involved. He stated that he opted to discontinue it on his own.

Trustee Pierce stated that this should include all of the Village employees.

Trustee Porch stated that she thinks it is a good idea. She asked for clarification on the time frame. Superintendent Smith explained that one employee took an additional hour, on top of his lunch hour, to cook the meal.

Trustee Hanson stated that it was a good program and that for now Superintendent Smith decided to stop it for a while because of some employees that were unhappy with it.

Trustee Caulfield stated that Superintendent Smith stopped the program and that it is his department and that he should be able to handle this program as he sees fit.

Trustee Larson stated that she just wanted more information about it. Trustee Hanson stated that she could have discussed it with him in a different manner.

Other Business – Trustee Hanson welcomed Emergency Management Director Shannon back from Georgia.

Director Shannon stated that he’s been in Atlanta since September 9, 2004 and that he was called by FEMA to help with the hurricane. However upon his arrival, he was assigned the job of processing, determining credentials and training the volunteers, which was over 4000 altogether.

Trustee Pierce welcomed Director Shannon back and stated that he spoke with him while he down there and that he wanted to reiterate what an asset Director Shannon is. He also stated that the Village needs to run a disaster drill to get appropriate certification.

Other Business – Trustee Hanson asked if the firework permit needs to be ratified. Director Shannon stated that normally it would have been brought to the Board ahead of time, but since he wasn’t available it didn’t happen.

PARKS AND LICENSE Resolution 04-27 – Trustee Larson read the resolution then made a motion, seconded by Trustee Hanson, to approve resolution 04-27, entitled Holiday Parade Resolution. On roll call, the vote was:

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

Liquor License – Trustee Larson made a motion to approve a two-day liquor license to St. Peter’s Footlights for November 5, 2004 and November 6, 2004, waiving fee. Trustee Hanson seconded the motion.

Mayor Maravelas verified that the event was only one weekend instead of two weekends. Trustee Larson stated that they were only holding it for one weekend.

On roll call, the vote was:

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

Wetland Contract – Trustee Larson stated that Thelen had done drawings for the joint Village/Township Park and that the different sports group reviewed it. She stated the next step, before another drawing can be done, is to have a wetland delineation and surveying done on the site. She stated the proposed cost, $5,450.00 will be shared between the Village and the Township. Trustee Larson made a motion to approve the Smith Engineering Contract for the Wetland Delineation. Trustee Turner seconded the motion.

Mayor Maravelas stated that he was speaking with Steve Smouse and the new Superintendent of the High School to be involved in the park. Trustee Larson stated that initially the school considering being involved but then it was decided that the school should remain on it’s own. She stated that this is the first that she is hearing of this again.

Mayor Maravelas suggested holding off on approving this until there is a meeting between the Village, Township and the school. Trustee Larson stated that the studies will need to be done regardless.

Trustee Pierce stated that the surveys are critical to the Village due to Sequoit Creek dredging to determine where it can be moved. He also stated that if the high school wants to join back up, that they should approach the Park Board.

Trustee Larson stated that the survey has to be done in the fall because of the foliage falling and the dryness of the land.

Trustee Caulfield asked if the financial impact to the Village is 50%. Trustee Larson stated that the Township and Village equally share the costs.

Trustee Pierce stated that if he remembers correctly, that they budgeted $50,000.00.

On roll call, the vote was:

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

Surveying Services Contract – Trustee Larson made a motion to approve the Smith Engineering Contract for the surveying, at a cost of $9900.00 with the Village paying half. 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 Larson stated that these contracts now need to be approved by the Township.

ENGINEERING AND SENIOR SERVICES Waste Water Treatment Plant Facilities Plan – Trustee Pierce stated that several groups were asked to submit a plan for the wastewater treatment plant and that ATI provided the best.

Engineer Nyberg stated that the study provides a 20-year plan for the plant; it analyzes the needs based on today and then utilizes population projects for the next 20 years to determine needs. He also stated that this type of study is necessary to get grants or low interest loans from the EPA. He stated that this is the first step to updating the plant.

Trustee Pierce verified that there is money in the budget for this study. Engineer Nyberg stated that the treatment plant has $25,000.00 set aside and that this is for around $19,000.00.

Trustee Pierce made a motion to approve the study. Trustee Turner seconded the motion.

Trustee Hanson asked Engineer Nyberg to explain his comment about the system being antiquated. Engineer Nyberg stated that the plant meets standards and relies on the overflow ponds, which is not the best process.

On roll call, the vote was:

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

Stormwater Management Proposal – Trustee Pierce stated that the other item on the agenda is a stormwater study for Oakwood Knolls and Abbey Estates. He stated that he hopes in the future they can study other areas of the Village but it was necessary to start in Oakwood Knolls. He explained what the study will entail and stated that it falls with in the budgeted amount of $30,000.00.

Trustee Pierce made a motion to approve the study for stormwater management. Trustee Turner seconded the motion.

Trustee Porch stated that it could end up being more than $26,000.00 and that his motion should reflect that.

Trustee Turner amended her second and then Trustee Pierce amended his motion to say that the study should not exceed $30,000.00.

Trustee Hanson stated that he would hate to see the study stop just because they hit the $30,000.00 amount and that the appropriation is more than that. Mayor Maravelas stated that if he needs to, he can come back before the board.

Other Business – Trustee Pierce asked Engineer Nyberg if he could meet tomorrow to go over Longview. Engineer asked if Wednesday would be okay, since he would not be in the office on Tuesday.

ATTORNEY Resolution 04-28 – Attorney Long read the resolution. Trustee Caulfield made a motion, seconded by Trustee Hanson, to approve resolution, 04-28, entitled A Resolution Approving a Draft Agreement for a Potable Water System for Neumann Homes. 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 Hanson for the Mayor and the Board of Trustees to move into executive session, at 9:45 pm. Trustee Pierce 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 Hanson made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 10:21 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 Hanson and seconded by Trustee Caulfield to adjourn the regular meeting of the Board of Trustees at 10:22 pm.
 
Respectfully submitted,

__________________________
Amy S. Monroe, Village Clerk

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