VILLAGE OF ANTIOCH


BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, IL
October 18, 2004
 
CALL TO ORDER Mayor Maravelas called the regular meeting of the Board of Trustees to order at 7:30 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 08/16/2004 Trustee Hanson, seconded by Trustee Larson, made a motion to approve the minutes from the August 16, 2004 meeting with the following corrections:

• On page 7: Change was to wasn’t.

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

MINUTES 09/07/2004 Trustee Hanson, seconded by Trustee Turner, made a motion to approve the minutes from the September 7, 2004 meeting as presented.

Trustee Caulfield questioned page 4, “Trustee Larson asked why the copy for Trustee Caulfield had more pages than her copy”, he stated that he was not in attendance of the meeting and that he does not remember copies. Trustee Larson explained that they were handed out at the meeting and that he had more pages than what some of the Trustees received. Trustee Caulfield requested he get copies of the information handed out at that meeting.

On roll call the vote was:
YES: 5: Larson, Caulfield, Porch, Hanson and Turner
NO: 0
ABSTAIN: 1: Pierce
THE MOTION CARRIED

MINUTES 09/20/2004 Trustee Pierce, seconded by Trustee Larson, made a motion to approve the minutes from the September 20, 2004 meeting with the following corrections:

• On page 1: Change she to Director Steele.

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

MINUTES 10/04/2004 Trustee Porch, seconded by Trustee Turner, made a motion to approve the minutes from the October 4, 2004 meeting with the following corrections:

• On page 4: Change need to needed.
• On page 6: Add that the treasurers reports are for May, June, July and August and indicated that they were included in the agenda packet.
• On page 7: Change shouldn’t to should.
• On page 9: Change he to Trustee Pierce.
• On page 11: Change to to add.
• On page 11: Add Trustee Pierce’s comment about the low water pressure in Oakwood Knolls.
• On page 13: Add dredging after Sequoit Creek.

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

PETITIONS Bids – Clerk Monroe read the bids for the Police Car, from the bid opening held on October 13, 2004 @ 10:00 am.

Trustee Hanson made a motion, seconded by Trustee Caulfield, to accept the Police Car bids into record.

Trustee Pierce stated that he didn’t remember giving authorization to go out to bid for police vehicles. Trustee Hanson stated that it was in the budget. Administrator Probst confirmed that the vehicle was budgeted for and that this had been postponed, until there was verification of the Village’s cash balance.

Trustee Pierce stated that if he understands correctly, if it’s in the budget then it’s okay to do it? Administrator Probst stated that it is the normal process. He stated that Board approves it in the budget and then accepts the bids.

Trustee Pierce stated that he thought the appropriation ordinance, not the budget, controlled spending. Finance Director Steele stated that the budget gives guidance and that it is not inappropriate for staff to get the bid, because the Board does not have to accept the bid.

Trustee Pierce stated that his other concern is that there is only one bid for the vehicle and wondered if this is the best price.

Trustee Hanson stated that if it would make it easier then they could discuss this in committee, but that they should accept the bid into record. He stated that he believes the issue with only one bid is related to the Ford lawsuit.

Trustee Porch asked if this was published in the paper. Clerk Monroe stated that it was. Trustee Porch asked when it was published. Clerk Monroe stated that it was more than two weeks before the bid opening.

Trustee Porch stated that the Board has always approved going out to bid and that she would like to see it continue that way.

On roll call, the vote was:
YES: 4: Pierce, Caulfield, Hanson and Maravelas*
NO: 3: Larson, Porch and Turner
THE MOTION CARRIED

* In the case of a tie, the Mayor has the right to vote.

Trustee Porch asked why a Public Safety meeting is being held? Trustee Hanson stated that this is just for accepting the bids into record and that this does not mean that we are purchasing the vehicles.

Trustee Porch asked if this gives the Village the right to accept other bids in the future? Attorney Long stated that the Village reserves all rights to refuse the bids.

Trustee Hanson stated that mixed messages are being sent since this process keeps changing. Trustee Larson stated that this is a transition year, because of the move from appropriations ordinance to the budgeting approval process. She stated that previously it was like giving the stamp of approval when the request to go out to bid was made.

Bids – Clerk Monroe read the bids for the Police Car, from the bid opening held on October 13, 2004 @ 11:00 am.

Trustee Hanson made a motion, seconded by Trustee Caulfield, to accept the Police SUV bids into record.

Trustee Pierce stated that he would assume that the same items will be discussed at the committee for this bid. Trustee Hanson stated that they would be.

On roll call, the vote was:
YES: 4: Pierce, Caulfield, Hanson and Maravelas*
NO: 3: Larson, Porch and Turner
THE MOTION CARRIED

* In the case of a tie, the Mayor has the right to vote.

MAYOR Presentation to Lee Shannon – Clerk Monroe read the following information concerning Emergency Management:

Illinois Emergency Management Agency (IEMA), in partnership with Illinois Emergency Services Management Association (IESMA), has developed a program of special training to provide emergency managers the skills and tools necessary to not only succeed, but to excel in the total process of emergency management. The training covers all four phases of the emergency management process – preparedness, response, recovery, and mitigation.

The IPEM training program is built around a core of ten required courses. These courses are offered throughout the year in various locations throughout the state of Illinois.

In addition to the core requirements, each candidate is required to complete twenty-four (24) hours of IEMA/FEMA sponsored training. This elective course work enables emergency managers to build an individual program that meets goals specific to their career and the particular needs of the local jurisdiction they serve.

There are currently 36 Illinois Professional Emergency Manager recipients.

Mayor Maravelas presented Emergency Management Director Shannon with the certification for becoming an Illinois Professional Emergency Manager. He congratulated Director Shannon and also stated that Director Shannon took vacation time to help FEMA during the hurricanes that recently occurred.

Other Business – Trustee Pierce stated that he is bringing this up under Mayor, because he feels it is the Mayor’s responsibility to inform the Board. He stated that he understands that a press release went out to the newspapers today regarding the missing two million dollars has been identified as an accounting error and that it was never missing.

Mayor Maravelas stated that this should be discussed under finance. Trustee Pierce stated that the Mayor should have informed them. Mayor Maravelas stated that the Finance Chair and the Finance Director should be the ones to discuss this.

CLERK Other Business – Clerk Monroe stated that petition packets, for residents wishing to run for office, will be available on Wednesday, October 20, 2004 in the Clerk’s Office.
CITIZENS Jim Parks – Jim Parks, of 1192 Mystic Cove, read the following statement:

Thank you for the opportunity to address the Board this evening. My comments will focus on the Board of Trustee’s fiduciary obligation, to the citizens of Antioch, to account for when, where and how our Village funds are spent.
The financial issues facing our Village are significant and should not be taken lightly or trivialized when citizens express concern. This is a serious and confusing issue that has negatively affected the public trust and confidence in Village government and the citizens of Antioch deserve nothing short of a full and complete explanation. The number one priority of our Village Board should be to insure our citizens that our financial house is in order and that sub-standard and unacceptable accounting practices have been corrected.

The Village engaged the accounting firm of Goldberg, Mechales, Charneske & Schiffman in 2003 to conduct an analysis of how the Village conducts its financial affairs, make recommendations for improvement and address policy and procedural issues. Contrary to the opinion of some, they were not asked to perform an audit or any other accounting related functions. They released their findings this past January. The Charneske Report was highly critical of the Village’s account systems. They found a lack of fiscally responsible procedure, no written Policy and Procedures Manual and failure, on the part of employees and officials, to follow policies that would safeguard public funds entrusted to the Village. Needless to say, they found that the Village was not in compliance with standards established by the Governmental Accounting Standards Board. The Charneske Report defined the financial issue facing our Village and these findings were alarming in what they showed. Whether through innocent acts by inadequately trained employees, flawed or non-existent policies and procedures, a flawed financial account system (AS400) or improper acts by trusted individuals, the report demonstrates how the serious lack of financial controls create an environment offering significant opportunity and means to engage in improper accounting practices or illegal activities.

At the October 4th Board meeting a letter was read by Trustee Larson stating and I quote, “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 question why this comment was made. This audit report provided by Doug Taveirne in April of 2003 and confirmed by Manning Silverman are two Board sanctioned accounting companies that have reported this discrepancy to the Board. Since Doug Taveirne could not provide an unqualified opinion on the financial statements for FY 2002 and since the discrepancies between the audit and the system trial balance were never resolved, the Financial Report for FY 2002 is still pending.

Given this difficult situation, Manning Silverman was asked to develop an accounting bridge that would allow the Village to manage its financials for FY 2003 (May 1, 2003 to April 31, 2004) in a responsible, accurate and auditable manner. Starting with an imbalance of $2,892,869.20 (per April 2003 audit) they focused their efforts on implementing a system that would accurately reflect the current year. I was pleased to find that they were successful and that FY 2003 appears to be fully accounted for. Our Finance Director has reestablished credibility starting in FY 2003 and moving forward. For that we owe her, her staff and our Finance Committee a debt of gratitude.

In closing, The Charneske Report identified the problems and issues of the past. Manning Silverman gave us a temporary fix so the Village can avoid a continuation of past errors until a permanent account system solution is found. And now we have breaking news and I quote today’s Press Release “…regarding a possible source of the $2.9 million discrepancy between the pending 2002/03 finance report and the Village’s financial system (AS400) trial balance.” Using this information, provided by Doug Taveirne, almost all of the imbalance could be explained by a thorough investigation of Mr. Taveirne’s work papers that are not part of the actual Audit Report. All of this work was competed prior to April 31, 2003. Therefore, for the citizens of Antioch, I urge the Board to lift the limitation that does not allow for review of financial records prior to April 31, 2003. It is the fiduciary obligation of this Board of Trustees to report a complete, balance and audited set of books…

Mayor Maravelas stated that Mr. Parks’ time is up. Mr. Parks stated that that he provided Clerk Monroe with a copy of his transcript to pass out to all of the Trustees.

Trustee Pierce stated that no one on the Board has ever failed on their obligations to residents, it’s that they just disagree on the best way to handle the situation. He stated that going back to his statement before; that not only did the papers find out before the Trustees but so did a resident and that is absolutely reprehensible.

Mike Culat – Mike Culat, of 532 West Lake Street (business address), stated that as a member of the realtor community, that he wanted to commend those involved in OCTOBERFEST. He stated that he really enjoyed himself and that the event was more unique than anything any other community is doing.

Mayor Maravelas stated that Special Events Coordinator Horton and Parks Director Stahl came up with the idea and that he felt the First Annual OCTOBERFEST was a success.

PLANNING, ZONING AND BUILDING PZB 04-20 – Trustee Turner stated that she has a recommendation for a proposed County zoning within 1 ½ miles of the Village limits, Deer Lake Subdivision (previously known as Golden Oaks Subdivision), the Volpendesta property; PZB 04-20. She made a motion, based on the positive recommendation of the Planning and Zoning Board, to approve the proposed zoning. Trustee Hanson seconded the motion.

Trustee Pierce stated that he wants to make sure that his concerns are on the record and from what he can see, there is only one way in and out of the subdivision. He stated that creates a serious safety concern and that the only possible way for a second entrance is through the White Tower Farms development. He also stated that if the Board accepts this recommendation that the Board is accepting that at some point they will have to address the safety concerns by approving another subdivision. In addition, he stated that a study is being done by the mayor’s council for Route 173 which is looking at property on the other side of the road for 5 acre zoning and that this plan is for one acre or less. He stated that he wanted the Board to be aware of this when making their decisions.

Mayor Maravelas stated that Lake County Board Member Judy Martini is present and asked if she wanted to say anything. Ms. Martini stated that it is scheduled before the County Zoning board in November and that she is also concerned about the access but that she doesn’t know if the state will allow a second access.

Trustee Hanson stated that a similar plan for this land was approved before and that the Board is just making a recommendation to the County and that the Board doesn’t have the final say.

Director of Planning, Zoning and Building Silhan stated that this plan is not exactly the same but about 95% the same to the previous plan.

Trustee Pierce stated that this is different from what was approved before and that a full hearing by the County Board should be done before the Village makes a recommendation. Attorney Long stated that it cannot be done that way. Director Silhan stated that the County is required to notify the Village since this is within the 1 ½ mile extraterritorial jurisdiction.

Ms. Martini stated that there are different phases involved in the process.

Trustee Turner verified that if the Village Board turns this down, that it must then be approved by a super majority of the County Board. Ms. Martini stated she is correct.

On roll call, the vote was:
YES: 4: Caulfield, Hanson, Turner and Maravelas*
NO: 3: Pierce, Larson and Porch
THE MOTION CARRIED
* In the case of a tie, the Mayor has the right to vote.

INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Other Business – Trustee Porch commended Special Events for OCTOBERFEST. She stated that it was very well attended, especially for the first year.

Mayor Maravelas stated that he heard that over 4,000 people attended.

Trustee Porch stated that it was a success because of the participation of the civic groups and the Village entities.

Trustee Porch stated that Halloween Howl is this Friday and Saturday.

Approval of Chamber Events – Trustee Porch stated that this item had been tabled but that she has brought it back before the board for a motion and a second.

Mayor Maravelas stated that before that is done that Director Shannon had some concerns. Director Shannon stated that he has some concerns with the events and that he would like to see if changes could be made. He shared an example of a fire during last year’s carnival and the difficulty in reaching the fire because of the road closure. He suggested that this be brought to the Safety Committee to be discussed further.

Trustee Porch asked when this occurred. Director Shannon stated that it was this past spring. Trustee Porch asked if traffic control was being done. Director Shannon stated that there was no traffic control but that traffic control isn’t the issue; it’s trying to get the fire trucks through the detour.

Trustee Hanson stated that he would like to discuss this at committee.

Trustee Pierce stated that he thinks that Trustee Hanson, Director Shannon, Fire Chief Volling and Police Chief Fagan should be able to discuss this and come up with alternate plans, but still approve the dates of the events.

Mayor Maravelas stated that he brought this before the board for safety reasons, but that the Board can do as they wish.

Trustee Larson stated that the purpose of the second station was to accommodate emergencies on that side of the railroad tracks. Director Shannon stated that the truck from that station was already on its way, for that fire and that it is only one example. He also stated that it affects the ambulances, since they are only at station 1.

Trustee Larson suggested working with the Chamber to see if the layout could be changed to make it safer. Director Shannon stated that he would like to sit down with them and discuss the problem.

Trustee Caulfield stated that he is not opposed to approving the event dates, but that he is opposed to closing the street. He stated that he is not inclined to vote favorably to closure of the streets.

Trustee Turner asked if it is possible to leave a fire lane in the layout of the events. Director Shannon stated that the concern is shutting down the main road. Trustee Turner stated that perhaps the larger rides could be moved, leaving just the smaller rides in the street creating a fire lane. Director Shannon stated that he thinks if it is discussed in committee that a positive solution can be had.

Trustee Larson stated that the Chamber has been very good about providing traffic control.

Trustee Larson made a motion, seconded by Trustee Turner, to approve the Chamber of Commerce and Industry 2005 Event Dates.

Trustee Caulfield asked if the motion includes the closure of streets. Trustee Larson stated that it does.
On roll call the vote was:
YES: 4: Pierce, Larson, Hanson and Turner
NO: 1: Caulfield
ABSTAIN: 1: Porch
THE MOTION CARRIED

Trustee Porch stated that the Chamber of Commerce will meet with Public Safety and Director Shannon to come up with a solution.

FINANCE AND ADMINISTRATOR Trustee Caulfield stated that there are a lot of items on the agenda tonight and asked that they take them one at a time and not confuse discussion of items.

Contracts over $10,000 – Trustee Caulfield read a memo from Director Steele regarding the approval of the Auditor Contract for FY 03/04. Trustee Caulfield made a motion to authorize the selection of Lauterbach and Amen as auditor and approve the contract for FY 03/04. Trustee Porch seconded the motion.

Trustee Porch stated that she thinks it’s important to make it clear that the recommendation is being made because of the not to exceed price; however, that price is assuming that the Village can provide the information necessary to do the audit and if not work will stop or additional fees may be incurred.

Trustee Pierce commended the Finance Committee for finding this auditor. He stated that a lot of the areas are covered and that the auditor has worked with a lot of communities. He also stated that he likes how the auditor will include GASB 34 standards, which are not required until this spring. He stated that the Board gets a lot of proposals and that he would like to start requesting electronic versions for ease and public viewing.

Trustee Hanson stated that the firm was not just chosen because of the money, but because they are an outstanding firm. Trustee Caulfield added that one of the keys, that sold him on this firm, is the specific mention that this auditing firm will not do bookkeeping work, due to new laws/requirements for auditors to remain independent. He also stated that is why the firm could provide the not to exceed price.

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

Update on Audit for FY 02/03 – Trustee Caulfield asked Director Steele to provide an update.

Director Steele that at the time that the agenda was created that she had not spoken to the auditor and that the discussion that she had after only related to the problem of the closing numbers. She did state that it appears that they do still have a good working relationship with the auditor.

Update on Accounting for Village Recapture Agreements – Trustee Caulfield stated that at the last Board meeting, that a motion was made to have a resolution for the recapture agreement issue by November 1, 2004 and that he would like the Finance Director to be able to comment, since she wasn’t at that meeting.

Director Steele stated that the first issue that needed to be addressed was identifying all of the recapture agreements and that earlier in the year, the Building Department created a list of the recapture agreements. She showed a map that identifies all of the recapture agreements and stated that while they have been identified, none of them have been posted in the accounting records. She stated that she will have to look through the records to see what amounts were paid and by whom. She stated that the chances are rather slim, that she will find them by November 1, 2004, due to the nature of the Village’s records.

Mayor Maravelas asked how she would do this research, since the Board is not allowing research prior to April 30, 2003. Director Steele stated that her understanding is that Manning Silverman was held to the April 30, 2003 date, but that Staff could go beyond that date.

Mayor Maravelas verified that this was done in house and Administrator Probst stated that it was.

Trustee Larson asked how far back the recaptures date. Senior Planner Sakas stated that some date back to the 1970s.

Trustee Larson stated that these slipped through the cracks and asked what safe guards are in place to keep them from slipping through the cracks again. Director Steele stated that she has a new staff person who will be responsible for receivables and liabilities – what do we owe other people and who owes us.

Trustee Larson asked which department will be responsible, Finance, Planning and Zoning or the Administrator, from this day forward. Director Steele stated that the Finance Deparment will be responsible for booking the receivables.

Mayor Maravelas showed Director Steele a memo and asked her if it was a memo from her. She stated that it was. He stated that the memo is indicating that this is another accounting issue that was not booked correctly. Director Steele stated that is correct.

Trustee Porch stated that some of the payments were received after the date indicated in the ordinance and asked how many payments Director Steele found. Director Steele stated she believes there are two, put she still has more research to do.

Mayor Maravelas stated that one of the payments was said to be a check but that it was found to actually be a wire transfer. Mayor Maravelas stated that it is his duty to find out what happened.

Trustee Porch asked how many property owners are involved. Director Steele stated that she provided the information that she has found so far and that she is still working to find more information.

Trustee Porch stated that the Route 83 recapture is the one that they are looking for by November 1, 2004. Director Steele stated that she will try to have the information for that meeting.

Mayor Maravelas asked what will happen if she doesn’t find it. Director Steele stated that she will just have to say that she didn’t find it. Mayor Maravelas asked what the next step would be. Director Steele stated that they will need proof so that they can follow the bank trail.

Invoices over $10,000 – Trustee Caulfield made a motion to authorize an invoice to Curran, in the amount of $29,384.40 for the paving on White Road. Trustee Pierce seconded the motion.

Trustee Hanson asked if this is the private road, where the property owner was going to be billed. Attorney Long stated that a contribution has already been collected from the property owner.

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

Trustee Porch left the room.

Trustee Caulfield made a motion to authorize an invoice to Curran, in the amount of $334,103.34 for 2004 Street Surfacing. Trustee Hanson seconded the motion

On roll call, the vote was:
YES: 5: Pierce, Larson, Caulfield, Hanson and Turner
NO: 0
ABSENT: 1: Porch
THE MOTION CARRIED

Trustee Caulfield made a motion to authorize an invoice to Smith Engineering, in the amount of $18,342.80 for Redwing View Construction Observation. Trustee Hanson seconded the motion

On roll call, the vote was:
YES: 5: Pierce, Larson, Caulfield, Hanson and Turner
NO: 0
ABSENT: 1: Porch
THE MOTION CARRIED

Trustee Porch returned.

Accounts Payable –Trustee Caulfield made a motion to approve the accounts payable in the amount of $601,182.48, as prepared by Village staff. Trustee Hanson seconded the motion.

Trustee Pierce questioned check number 41110, to the Phone Booth in the amount of $3,027.50; he asked who the Phone Booth is. Director Steele stated that they are the company that installed the phone lines for the Economic Development Director.

Trustee Pierce asked about check number 40991, to AccountTemps; he asked if these are the temps in the front office. Director Steele stated that she believed that these are the ones for accounting.

Trustee Pierce asked about check number 40619, to Manning Silverman and Company, if the Village owes them any more money. Director Steele stated that this is the last payment, but that they will be speaking before the Board and working with the auditor and that there will be charges.

Trustee Caulfield stated that the payment to the Phone Booth was $3,027.50 and that $127.50 was for the phone line and the remaining amount was for the set up of the voice mail at the Fire Station.

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 payroll in the amount of $188,246.28 for September 24, 2004 and in the amount of $201,857.68 for October 5, 2004. 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 approve manual checks written to date for the Water and Sewer account in the amount of $96.88 and the AP concentration account in the amount of negative $132.60. Trustee Porch seconded the motion.

Trustee Pierce asked what the AP Concentration account is. Director Steele stated that the Village uses one checking account. Trustee Pierce asked if the balance is a negative amount. Director Steele stated that the report means that there is $132.60 more in the account since the last report.

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 the total escrow was for $93,830.17.

Trustee Porch asked if all of the escrow accounts are in the positive. Director Steele that there are still some accounts that are negative and that they are working on them but that there is positive cash.

Treasurer Report – Trustee Caulfield stated that the September 2004 report would be discussed at the next committee meeting.

Trustee Pierce asked why the balance was $10,429,499.87 at the beginning of September and as of the end of September was $12,731,445.16; he asked if it was due to property taxes? Director Steele stated that they did get property tax payments.

Mayor Maravelas congratulated Trustee Caulfield since the Village is getting healthy again.

Draft Statement of Operations – Trustee Caulfield asked Director Steele to provide additional information.

Director Steele stated that this is a draft and that it provides the budget and the cost centers for each department. She stated that it is a draft, that there are some questions that answers are needed for and that they will be looking for errors and modifying the report.

Trustee Porch asked if she will be looking for input from the departments. Director Steele stated that it will be provided to the departments and that they will be asking for them to drill down and investigate the numbers.

Trustee Porch asked if there should be a column for income. Director Steele stated that this shows expenditures only.

Mayor Maravelas stated that she had to work hard for this. Director Steele agreed and thanked the Board for the staff that made this possible.

Trustee Larson stated that at this time they should have expended about 45% and some are different amounts – more or less. Director Steele stated that the numbers that are off require additional research.

Other Business – Trustee Caulfield stated that at a previous meeting that Trustee Turner had asked about finance committee minutes and asked for the record that the Attorney state the Village’s position on committee minutes. Attorney Long stated that they should be prepared and made available to everyone. Trustee Caulfield asked if that had been done as a regular function and stated that he is asking because the Clerk informed him that the minutes didn’t need to be printed. Attorney Long stated that the best practice would be to make minutes for every public meeting available to anyone, but that historically committee meetings were not typed up, unless there was a need for them. Trustee Caulfield stated that they weren’t typed up and approved at committee meetings. Attorney Long stated that is how it was done in Antioch, but that in other communities the minutes are made available; but also that the meetings are typically held as a committee of the whole so it’s easier to do.

Trustee Caulfield made a motion that minutes are prepared for all committee meetings and presented to be approved through committee meetings. 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

Trustee Caulfield stated that he has requested the finance committee meeting minutes and that they are forth coming.

Other Business – Trustee Caulfield stated that he had been presented with information, from the Finance Director, which he felt was exciting. Based on comments and suggestions that news be provided in a timely manner, he put out a press release. Trustee Caulfield read the press release and asked Director Steele to summarize it.

Director Steele stated that when a year is closed you have net income or loss and that apparently the net income was not closed correctly in the system. She stated that Manning Silverman could almost see the correlation but they weren’t looking at just that piece. She stated that Mr. Taveirne took the one piece and showed her that when you drilled down you could make an exact match.

Trustee Caulfield stated that he has asked for a meeting to be set up with Mr. Taveirne to answer some more questions.

Trustee Larson asked that the Trustees get a copy of the press release. Trustee Caulfield stated that they were e-mailed to the Trustees this afternoon.

Trustee Porch asked why this was not in the agenda. Trustee Caulfield stated that the information was received after the agenda packets were done.

Trustee Porch stated that information is not being shared on a timely basis and that they should not hear about it from a resident and that he didn’t even inform the finance committee. Trustee Caulfield stated that there was not a scheduled finance committee. Trustee Porch stated that the Administrator could have relayed the information. Trustee Caulfield stated that he is not going to be involved in chaining messages.

Trustee Porch asked Attorney Long if the Chair is not allowed to talk to the Board. Attorney Long stated that as long as he is not using it as a method of creating a meeting by polling people or influencing opinion.

Trustee Larson stated that it went out to the news media and that she assumes it’s public knowledge. Attorney Long stated that it becomes public at that point.

Mayor Maravelas asked when the e-mail went out. Trustee Caulfield stated that the e-mail went out to the news on Friday and that the e-mail went out to the Trustees today when he realized it didn’t go on Friday.

Trustee Caulfield stated that he could apologize for the Trustees not getting information, but that he often wakes up to information in the paper from Trustees who have relayed information to papers related to finance that has not come before the finance committee or have no basis. He stated that there was precedence for him to provide the information to the public.

Trustee Pierce stated that it is wonderful and that it vindicates those who wanted to proceed in a slow manner and rely on the staff. He stated that despite the claims that it impeded the process he stated that he thinks it was done in the appropriate process. He also stated that nothing prevented the Finance Director from discussing this previously but that it is a good thing for the Village.

Other Business – Trustee Caulfield stated that at the last meeting a statement was made by Trustee Larson and that she stated, if he remembers correctly, “no one and I mean no one has provided information regarding the three million dollar discrepancy” and that by luck he discovered the minutes for a July 7, 2004 Board special meeting, which indicates that Manning Silverman is trying to find information but keep hitting the wall of May 2003. He quoted from the minutes, “He stated that after all that time is spent they can’t go any further” and Trustee Caulfield stated that one of the problem items listed, in the minutes, is that the general ledger is out of balance by almost three million and that they can’t find out why because they can’t look beyond May 1, 2003. Trustee Caulfield stated for the record that the Board was informed.

Trustee Porch asked who said that information. Trustee Caulfield stated he couldn’t say based on how the minutes are written.

Trustee Caulfield stated that he wanted to comment on the slow method and whether or not it would have saved money, he doesn’t know since Manning Silverman’s efforts were directed at creating a set of financials for the last fiscal year. He did say that it could have saved a lot of heartache and questions if they would have been able to look beyond May 1, 2003.

Trustee Larson stated that Trustee Caulfield stated that it was out of balance by almost three million dollars and that money was not missing. She stated that Manning Silverman explained that it could have been because of accounting procedures or hiccups in the system. She stated that they never, at any time, said that it was cash that was missing and were never told that the Village needs a forensic audit. Trustee Larson stated that they were out of balance and that is different than money missing.

Trustee Caulfield stated that his point was that it was a three million dollar question and he thought it needed to be answered and that he is thrilled that it may be answered.

Trustee Hanson stated that he doesn’t recall anyone ever saying that cash was missing but that Trustee Caulfield stated that almost three million was unaccounted for. He stated that they are all trying to fix it and he’s just glad that it is getting resolved.

Mayor Maravelas asked why everyone can’t agree that until 2001, when they started to fix it together, there was never proper accounting and bookkeeping.

Trustee Turner stated that it was decided at a committee meeting to not go beyond May 1, 2003 and that the decision was made because the Administrator stated that he had to have a baseline to get the books audited. Administrator Probst stated that he made the recommendation based off of a recommendation from the accountants they were talking to.

Trustee Pierce stated that it is late in the evening and that this point could be discussed for much longer and that he would like to move on.

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES Report on FEMA Operations – Trustee Hanson asked Director Shannon to provide a report on his involvement after the hurricanes.

Director Shannon thanked the Mayor, the Board and staff for allowing him to respond to the call from FEMA, since the timing of the event created additional work for staff. He also stated that he wanted the Board to know that at no time was the Village in danger from an emergency management stand point since a plan is in place for disasters.

Director Shannon provided a summary of his call to duty and his activities for FEMA in Georgia.

Mayor Maravelas asked Director Shannon how many individuals in Lake County are certified. Director Shannon stated that including himself there are two.

Letter of Appreciation – Trustee Hanson read a letter of appreciation from the Deputy Chief of Operations for the Evanston Police Department regarding the handling of a traffic incident.

Letter from Bob Gagnon – Trustee Hanson read a letter from APD Chaplain Bob Gagnon thanking the Mayor for notifying the community of the promotions in the Police Department.

Ratify Fireworks Permit – Trustee Hanson made a motion, seconded by Trustee Pierce, to ratify the approval of a fireworks permit for October 8, 2004 and October 15, 2004. On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

PARKS AND LICENSE Liquor License – Trustee Larson made a motion to approve a one-day liquor license to St. Ignatius of Antioch Episcopal Church’s 51st Annual Turkey Dinner on October 23, 2004, waiving fee. 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

Donation of 40 Acres – Trustee Larson stated that she would like to discuss donating the 40 acres of Village land, located next to the 40 acres of Village/Township land. She stated that at the last Village meeting that the studies needed for the park were approved and that during the course of the Township meeting, the Township Attorney suggested that if co-op funds will be used to pay for the studies of the entire piece that the 40 acres of Village land be combined with the 40 acres of Village/Township land. Trustee Larson made a motion to transfer the Village 40 acres jointly with the Village/Township property. Trustee Turner seconded the motion.

Mayor Maravelas stated that he is in contact with the high school and the high school would like to join the Village/Township partnership. He asked that this wait until after his meeting this coming Friday.

Trustee Larson stated that if the high school is to join, it would be to the Village/Township partnership but that if they join it can be at a later time; however, the studies have to be done in the fall and time is of the essence.

Trustee Hanson stated that this is a big endeavor and that he knows that it is a joint effort but that maybe this should be discussed more as a group. Trustee Larson stated that she has a plan that has been brought before the Board, which utilize the Village 40 acres and that no one has ever said that it shouldn’t be used. She stated that the only reason that it has been staged in how it will be developed is due to testing that needs to be done to verify that it is ready for use.

Trustee Pierce stated that about two years ago that this venture included the high school but that they went on their own and the Village/Township co-op shouldn’t be held up now. He also stated it shouldn’t be held up, especially when the Village is providing a lot of water to the high school and contemplating using a contaminated well. He stated that they should move forward with the co-op.

Trustee Turner stated that the sports groups have come before the committee and asked when they will have fields. She also stated that they have an intergovernmental agreement with the Township and that she’s sure they can work something out with the high school if they want to use the fields but that they need to go forward with the studies.

Attorney Long asked where they will transfer the title. Trustee Larson stated that it would be transferred into the Village/Township co-op. Attorney Long asked if she was referring to the 501C3 that has been set up? Trustee Larson said no. Attorney Long stated the co-op is an intergovernmental agreement and is not an entity in and of itself; Attorney Long asked where they would transfer the property to. Trustee Larson stated that it would be transferred to the ownership of the joint Village/Township. She stated that the Waste Management property was titled to the Township but that the agreement shares ownership between the Village and the Township.

Attorney Long stated that he’s not sure who he would even deed the property to and that he needs to understand where the deed is going to go.

Trustee Larson asked if it would be easier if she changed her motion to indicate that the 40 acres that the Village owns will be used for the Joint Village/Township Park. Attorney Long stated that is exactly it.

Trustee Turner amended her second and Trustee Larson amended her motion to indicate that the 40 acres the Village owns will be used for the Joint Village/Township Park and ensure that the park is used for the children of the community.

Trustee Caulfield asked if this is agreeing to do something that we’ve already done. Attorney Long stated that there is an intergovernmental agreement but that now Trustee Larson is looking to put a specific piece of property within the bounds of that agreement.

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

Trustee Larson asked Attorney Long if he would contact the Township Attorney, so that they can get moving on this.

Trustee Porch stated that at the last meeting the Mayor mentioned that the high school is interested in meeting and Trustee Larson stated that she would like to be involved. Mayor Maravelas asked Trustee Larson is she would like to attend the meeting this Friday. Trustee Larson stated that she would not be able to attend.

 
Respectfully submitted,

__________________________
Amy S. Monroe, Village Clerk

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