VILLAGE OF ANTIOCH

BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, IL
November 1, 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 10/18/2004 Trustee Porch, seconded by Trustee Larson, made a motion to approve the minutes from the October 18, 2004 meeting with the following corrections:

• On page 5: Add that this is his business address
• On page 7: Add which are not required until this spring after GASB 34 standards
• On page 8: Indicate that Trustee Porch left the room
• On page 9: Indicate that Trustee Porch returned to the room
• On page 9: Change reaming to remaining
• On page 9: Add set-up of the before voice mail
• On page 11: Change coloration to correlation

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

MAYOR Oath of Office – Clerk Monroe administered the Oath of Office to Officer Anna Dressler.

Mayor Maravelas and the Trustees welcomed and congratulated Officer Dressler.

Resignation of Police and Fire Commission Secretary – Mayor Maravelas stated that Jennifer Knourek had resigned as secretary for the Police and Fire Commission.

Appointment for Police and Fire Commission Secretary – Mayor Maravelas appointed Jane Palmer-Pensala as the secretary for the Police and Fire Commission. Trustee Hanson made a motion, seconded by Trustee Porch, to appoint Jane Palmer-Pensala as secretary for the Police and Fire Commission. On roll call, the vote was:

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

Mayor Maravelas and the Trustees welcomed Ms. Palmer-Pensala.

Ordinance 04-11-36 – Mayor Maravelas asked Attorney Long to explain the ordinance.

Attorney Long stated that the ordinance sets the minimum/maximum that the Village will draw from the member contributions, so that they match what the state allows the employee under the IMRF. Trustee Pierce questioned what type of insurance policy this is. Administrator Probst stated that it is for the Village’s liability insurance.

Trustee Hanson made a motion, seconded by Trustee Turner to waive the first and second reading, approve and publish in pamphlet form an ordinance, 04-11-36, entitled ORDINANCE AUTHORIZING THE EXECUTION OF THE IMLRMA MINIMUM/MAXIMUM CONTRIBUTION AGREEMENT. On roll call, the vote was:

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

CLERK SWALCO – Clerk Monroe stated that SWALCO would be having the final collections for the year on November 6, 2004 at Zion Benton High School and November 20, 2004 at the Mundelein Metra Train Station.
CITIZENS Tony Santucci – Tony Santucci, of 26840 Windsor Dalgaard Lane, stated that he read in a local paper that the Village Board was considering a Menards for Antioch. He stated that there are already two Menards and soon to be three Home Depots in this area. Mr. Santucci stated that there are no any Lowe’s in this area and that if there was a Lowe’s it would bring shoppers in to our town. He stated that it would be nice to hear from Lowe’s on the type of traffic they might bring in to Antioch. He also stated that he understands that the Board is favoring Menards and that if Lowe’s wants to come to Antioch that they should be listened to.

Trustee Larson stated that Menards is the only one that has a proposal on the table. Mr. Santucci stated that there was something in the paper about the Mayor having a meeting with Lowe’s. He stated that a Lowe’s will bring in people from the surrounding communities.

Frank Curtis – Frank Curtis, of 1530 Main Street, stated that he is before the Board regarding the Route 83 Recapture Agreement. He stated that the bank went up and that he should be receiving over $3,000 and that he has not received it yet. He asked what is going to be done about this.

Mayor Maravelas stated that there are three parties on the Citizens Wishing to Address the Board sign up and asked Finance Director Steele to address their questions. He asked the other gentlemen to state their names and address for the record: Bruce Gebert of 490 North Avenue and Tom Katsenos of 1500 Main Street.

Director Steele stated that the Village is looking into the recapture and that recaptures over the last twenty years has been mapped out and a book of partial information has been compiled. She stated that the Village is trying to rebuild records and that if they can supply proof of purchase that would be helpful. She also stated that the Village wishes to honor all of the responsibilities it has but that the records have to be compiled. She stated that if they have copies for her that would be helpful.

Director Steele stated that an ordinance was drafted in 2000 and used the language that the following parties “have paid” but the ordinance was not filed until January of 2004. She stated that in the mean time evidence was found that some parties didn’t pay until 2003. Mayor Maravelas stated that the project was completed in 1999.

Director Steele stated that the Village’s records are not in good order and that an inventory of the records is needed. She reiterated that if they can produce records that would be helpful.

Mr. Katsenos asked what happens once the proof is provided. Director Steele stated that as she understands that once someone connects and makes the payment then the other parties are reimbursed, but that she does need to verify that with the agreement.

Mr. Gebert stated that he provided a breakdown, which was established by the Board, over a month ago. He stated that Mr. Beelow had wired $183,000.00 to the Village, which he understands was found after the State’s Attorney came in the next day.

Attorney Long stated that what Mr. Gebert stated is not accurate. He stated that Mr. Beelow came in with evidence of the $183,000.00 after the State’s Attorney started looking into it.

Mr. Gebert stated that he was here six weeks ago and asked if the proof of payment is provided what they are going to wait for. Director Steele stated that if she has proof of payment then she doesn’t see any reason why they wouldn’t follow through with the agreement.

Mayor Maravelas stated that there are other recaptures that occurred and that they can’t pay anyone until the records are in order.

Mr. Gebert asked Attorney Long what he meant by the article in the paper a couple of weeks ago. Attorney Long stated that what he meant is that if the property owners hadn’t actually paid then they wouldn’t be owed recapture. Mr. Gebert asked why the recapture agreement was put in place if they hadn’t paid money out. Attorney Long stated that what he still doesn’t understand is why the ordinance reads as if the money had been paid at the time the ordinance was passed.

Trustee Pierce stated that he was under the impression that the deadline that was set was for the Route 83 recapture agreement but for the last month that staff has been researching all of the Village recapture agreements. He stated that he would like to see the Route 83 resolved and then the others could be researched. Director Steele stated that they are looking at all of the recaptures, including the Route 83 recapture.

Mayor Maravelas asked why this recapture has been in place for 6 years and now all of a sudden this is coming up. Trustee Pierce stated that it is because someone hooked up.

Trustee Pierce asked why energy is not being focused on the Route 83 recapture.

Trustee Caulfield stated that he thinks it is very presumptuous of Trustee Pierce to suggest that’s what’s going on, when indeed it is not. He stated that he would like to refer to the Finance Director to confirm that. He stated that there has been a lot of effort and that this Board set an arbitrary deadline that made no sense based on the Village’s past record keeping. He also stated that the Finance Director tried to explain and some people are trying to make this something other than what it is. He stated that they are trying to ensure that they have the records and received the money. He stated that if the residents have records it would help speed up the process.

Trustee Porch made a motion that the individuals be paid their share of the recapture based upon the bank tapping in. She stated that the owners shouldn’t have to prove that they paid since our records are in disarray. Trustee Turner seconded the motion.

Trustee Caulfield asked Attorney Long to explain fiduciary responsibility. Attorney Long stated that it is an obligation to use best judgment and utmost good faith when dealing with matters that are entrusted to you.

Trustee Caulfield stated that as he understands the motion, there will be a payout of money when the Finance Director just stated that there are not enough records in hand to even understand what the payments should be and there is not evidence that all of the money has been received. Trustee Porch stated that they are being paid the money that the Village received from the Bank’s tap on fee.

Trustee Porch asked if a check was received from the bank. Director Steele stated that the difficulty is that there is not complete evidence that the original participants paid. Trustee Porch stated that she understands that but they would be reimbursing them from the bank money.

Mayor Maravelas asked how can they be reimbursed when the paperwork is not in order and there is not proof of payment.

Trustee Larson asked if the motion was based on the fact that the three individuals tonight stated that they have proof and will provide it within the next couple of days.

Trustee Porch stated that the motion is to pay all of the people involved in the recapture agreement. Trustee Larson asked if they are waiting for proof. Trustee Porch stated everyone that has given proof to the Finance Director.

Trustee Turner asked if there is an ordinance that stated that the Village needs to pay these individuals. Attorney Long explained that the ordinance states the agreement and that it is law. Trustee Turner stated that the Village needs to obey it’s own laws.

Trustee Caulfield asked if the Board is not going to listen to the Finance Director then he wonders why they are paying for her and an attorney. He also stated that the Finance Director stated that if she had proof then they would be paid, so the motion doesn’t make any sense.

Trustee Pierce verified that the motion was that if these individuals provide proof, that they will receive their prorated amount. Trustee Porch agreed.

Trustee Turner asked if anyone, from the Village, directed her to ask for proof. Director Steele stated that it is good practice, but that she did have various people talk to her. She stated that when she first saw the ordinance that stated “have paid” that she thought it must be so, but then she was following up on it and found out that a payment was made in 2003 and the ordinance was recorded in 2004, so she started to question whether payments were made or not. She added that this is why she is requesting proof of payment.

Trustee Hanson asked what the actual motion is; if it is once Director Steele verifies the proof is okay. Trustee Porch stated that the motion is that if proof is shown then they will not have to come back before the Board.

Trustee Hanson stated that no one is saying that they shouldn’t get their money back, but that the records need to be in order to show that the Trustees are being responsible. Mayor Maravelas stated that the bottom line is to be responsible.

Trustee Pierce called to question.

Trustee Caulfield stated that he needs clarification on the motion and an understanding from the Finance Director as to whether or not there is evidence in hand for the payments that are being asked for.

Trustee Turner stated that it has been called to question. On roll call, the vote was:

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

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

James Cole – James Cole of 285 Chestnut Street, asked about the annexation in Lake Villa and how far Lake Villa was going to be allowed to come into Antioch.

Trustee Hanson stated that in 1994 the Mayor at that time stated that the Village couldn’t provide sewer there so what’s the difference. Trustee Hanson stated never is a long time and that he didn’t agree with that.

Trustee Larson stated that there is a boundary agreement. Mr. Cole asked where the boundary is. Trustee Hanson stated that it is Beach Grove Road.

Trustee Pierce added that on the west side of Route 83 it is Beach Grove Road and that on the ease side of Route 83 it curves and goes back to Grass Lake Road. Trustee Pierce stated that there are questions as to where they are coming across and that it is being looked into.

PLANNING, ZONING AND BUILDING Trustee Turner stated that she had no written report.
INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Trustee Porch stated that she had no written report.
FINANCE AND ADMINISTRATOR Update on Accounting for Village Recapture Agreements – Trustee Caulfield stated that this has already been discussed.

Resolution 04-30 – Trustee Caulfield asked Director Steele to explain this resolution.

Director Steele stated that from time to time the Village has chosen to cooperate with independent committees for the good of the public. She stated that the purpose of the resolution is to establish a policy for how to go about doing that. She also stated that there are several committees going on at the time and they all have their verbal understandings of how to operate.

Director Steele stated that this resolution was brought before the Board and the Board requested that it be reviewed by the attorney and in committee. She stated that the attorney reviewed the resolution and that the committee reviewed it and recommended that it be brought back before the Board.

Trustee Larson stated that it appears to be the same copy. Trustee Pierce stated that there are some changes.

Trustee Caulfield made a motion, seconded by Trustee Hanson, to approve resolution 04-30, entitled A Resolution Establishing A Policy for Accepting the Fiscal And Management Responsibilities for Certain Community Projects.

Trustee Porch stated that she would like some changes, #4: change “may” to “should”. Attorney Long stated that he was trying to leave the Board as much flexibility as he could. Trustee Porch continued with her changes, #8: add “with approval of the Board” after Mayor, #10: change “Mayor” to “Board Committee” and the same change for #11.

Trustee Pierce stated that he had a couple of changes as well, #7: change “staff” to Finance Director. Attorney Long stated that it should be Treasurer. Trustee Pierce continued with his changes, #14: add “assigned” before Board Committee.

Trustee Hanson amended his second. Trustee Caulfield amended his motion to include the above changes. On roll call, the vote was:

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

Invoices over $10,000 – Trustee Caulfield made a motion to authorize an invoice to IML Risk Management Association, in the amount of $190,074.92 for General Liability Insurance. Trustee Hanson seconded the motion.

Trustee Pierce asked why $190,000 is being approved when the document states that it is over $193,000.00.

There was some discussion about why it might be. Trustee Caulfield suggested that it might be a discount for paying early.

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

Trustee Caulfield made a motion to authorize an invoice to Visu-Sewer, in the amount of $131,487.00 for General Liability Insurance. 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

Trustee Caulfield made a motion to authorize an invoice to Smith Engineering, in the amount of $17,053.82 for Engineering Services for the 2004 Street Rehab. 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

Trustee Caulfield stated that the next payment is to Carmichael Construction and he has been advised by the Finance Director to hold this payment and wanted to verify that it still should be held.

Director Steele stated that it still should be held because there are some issues that need to be researched.

Trustee Pierce stated that since he is the Chair for the Senior Services Committee that he would like the details. Attorney Long stated that this is a dispute between the contractor and a subcontractor and that negotiations for a certain amount of money to be held are being worked on.

Trustee Pierce stated that he understands that some change orders had been approved and that before the final payment is made he wants to ensure that this is all resolved.

Trustee Pierce made a motion to hold this payment until the Finance Director makes a final resolution. 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

Trustee Caulfield made a motion to authorize an invoice to Blue Cross Blue Shield, in the amount of $50,538.54 for General Liability Insurance. 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

Trustee Porch asked why the payment for the Neumann Homes Recapture is not listed. Director Steele stated that it was inadvertently left off.

Trustee Caulfield made a motion to authorize an invoice to Neumann Homes, in the amount of $209,598.39. Trustee Pierce seconded the motion.

Trustee Pierce stated that this is a recapture flow through from Pulte to Neumann Homes.

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, minus check 41197, in the amount of $750,846.95, as prepared by Village staff. 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

Manual Checks – Trustee Caulfield made a motion to approve manual checks written to date for the Payroll Bank Account in the amount of $1,435.75 and the AP Concentration Account in the amount of $114,036.45. 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

Payroll – Trustee Caulfield made a motion to approve payroll in the amount of $182,852.58 for October 22, 2004. Trustee Porch seconded the motion.

Trustee Pierce stated that it is not on the agenda and asked what it falls under. Trustee Porch stated that it falls under Accounts Payables. Attorney Long stated that it can be done and ratified next time.

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 Porch asked if there are still any escrow accounts in the negative. Director Steele stated that there are still some and that they are working on getting payment and that it is getting better and better. Trustee Porch asked if they are holding work for those in the negative. Director Steele stated that it is being handled on a case-by-case basis and that they had a meeting with the Building Department Staff to analyze them.

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES Recommendation to Purchase Police Car – Trustee Hanson stated that at the last meeting that the bids were accepted into record and there was a request for a committee meeting. He stated that at the committee meeting a recommendation was made, based on the Police Chief’s explanation, to bring these back to the Board. Trustee Hanson made a motion to approve the purchase of a 2005 Crown Victoria Police Interceptor in the amount of $21,663.00 from Sutton Ford. 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

Recommendation to Purchase Police SUV – Trustee Hanson made a motion to approve the purchase of a 2005 Ford Expedition in the amount of $26,868.00 from Sutton Ford. Trustee Pierce seconded the motion.

Trustee Larson made a recommendation that the Clerk send a letter to the local dealerships to notify them of the bid. She stated that she would rather purchase vehicles locally.

Trustee Hanson stated that this was addressed at the committee meeting and the Police Chief went out of his way to notify a dealer.

Trustee Larson stated that she would like to see a policy to go a step beyond for local dealers.

Trustee Pierce stated that he would like to see something done with the bid process altogether. He stated that he would like to see all local merchants get an opportunity.

Trustee Hanson stated that if a policy is going to be set that it should be done for all purchases, not just for vehicles. Trustee Pierce stated that a process needs to be created.

Trustee Larson stated that the Village is not required to go out to bid for items less than a certain amount. She asked Attorney Long what the dollar amount would be. Attorney Long stated that the largest amount is $10,000.00.

There was additional discussion about purchasing locally. Administrator Probst recommended that a determination is made as to how much extra the Village is willing to spend to buy locally.

Trustee Caulfield stated that the Finance Director is working on a purchasing policy, which should address these questions and concerns.

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

Authorization to go out to Bid for Emergency Management SUV – Trustee Hanson made a motion to go out to bid for the purchase of a SUV for Emergency Management, paying for a portion of the vehicle with this budget and the remaining amount through the FY 04/05 budget. Trustee Pierce seconded the motion.

Trustee Turner asked if a vehicle other than a Expedition could be utilized. Emergency Management Director Shannon stated that any SUV could be proposed but that the State bid is going to be for an Expedition. He stated that the amount of equipment that has to be carried requires a larger vehicle.

Trustee Turner stated that an Explorer is not a small vehicle. Director Shannon stated that he currently uses his Blazer and it is not large enough.

Trustee Hanson stated that safety is critical and that the Safety Inspector is making this request. He also stated that once the bids are in that they don’t have to approve the purchase of a vehicle.

Trustee Turner stated that the specifications tend to be aimed towards a certain vehicle.

Trustee Larson stated that it is going to be paid from this budget and the next year’s budget and also that there is equipment listed that hasn’t been budgeted at all. She also stated that she has concerns approving something based on next years budget.

Trustee Porch asked if the vehicle has to be a V8. Director Shannon stated that the specifications are based on an emergency vehicle and that he worked with both the Police Chief and the Fire Chief to put the specifications together.

Trustee Porch stated that the state utilizes V6. Director Shannon stated that they just changed. Trustee Porch stated that she would like to see the specifications say V6 or V8.

Trustee Pierce stated that he appreciates this discussion and that it is a critical discussion because they are using taxpayer dollars. He stated that a V6 utilizes more gas than a V8 but that what really needs to be addressed is what type of Emergency Services Department does the Village need and start budgeting and planning accordingly. He stated that they should go out to bid and then after the bids come in, they can determine what type of vehicle should be purchased.

Trustee Hanson stated that a committee meeting was called because it was requested and that this was discussed at the committee meeting and the committee made a recommendation.

Trustee Caulfield stated that the Village has an Emergency Management Director that has expertise in this field and it’s absurd that there is discussion regarding the number of cylinders his vehicle has.

Trustee Larson asked if the motion is to go out to bid on a 4X4 SUV. Trustee Hanson stated that it is.

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

PARKS AND LICENSE Village/Township Park – Trustee Larson stated that there was a Joint Village/Township meeting on October 21, 2004 at which time a few items were discussed. She stated that they will be moving forward with the raffle for the car. She also stated that the next meeting has been scheduled for November 10, 2004 at 6:00 pm. She stated that there was an update on the studies and the donation of the 40 acres to the joint park. She also stated that there was discussion regarding the high school and the current co-op. She stated that there was a motion to leave the co-op as it is for the time being. She stated that the consensus was to allow the high school to use the fields if they are not already being used.

Trustee Pierce asked if there are minutes from the meeting. Trustee Larson stated that there are copies.

Mayor Maravelas asked who comprises the committee from the Township. Trustee Larson stated that she and Trustee Turner are the Village members with Trustee Porch as an alternate and that Township Trustee Schoudel and Township Trustee Skvarce are the members from the Township.

Trustee Larson stated that if the Village wants to make changes to the recommendation that it could be brought back before the committee but that the agreement requires both parities to be in agreement before a change can be made.

Trustee Caulfield asked if the Township Trustees are not interested in working with the high school. Trustee Larson stated that they are not interested in having the high school join the co-op but they have no opposition to the high school using the fields if they aren’t already being used.

Newsletter Policy – Trustee Larson stated that she was dismayed to read the press release that was discussed at the last Board meeting, in the newsletter. She stated that she was under the impression that the Finance Director was going to put something in the newsletter. She also stated that she asked Parks Director Stahl how it goes into the newsletter and she was provided with e-mail from Bob Long stating that she and Trustee Pierce requested that it be put in.

Mayor Maravelas stated that there is an explanation and asked Administrator Probst to clear up the misunderstanding. Administrator Probst stated that per the October 18, 2004 meeting that Trustee Porch requested that the press release be included in the newsletter. Trustee Porch stated that at the time of the meeting that she had not seen the press release and thought that it was informative.

Attorney Long stated that they wanted to follow the Boards direction and that is why he asked Clerk Monroe to check the minutes and then acted on the direction they were given, as indicated in the minutes.

Trustee Larson stated that she was bringing this up as policy and stated that her point was that the Village newsletter should not be used as a political forum that it should be used for information that is going on in the community.

Trustee Caulfield stated that he didn’t think that it was political. He also stated so many times he and the Mayor are criticized for not providing information and the same four people that are criticizing this release of information to the public are the same four people that worked so hard to make sure there was no funding to find the three million dollars. He stated that is politics and that it is not conducive to Village business. He also stated that first they want information and then they don’t want information to the public.

Trustee Pierce stated that information in the newsletter was with a slant towards the viewpoint of Trustee Caulfield and a slant towards any viewpoint is wrong in the newsletter. He also stated that he asked for an explanation of the press release to be included, not the actual press release.

Trustee Turner stated that she has never thought of the Village’s finances as a game and thinks that they are very serious. She asked Director Steele how the three million dollars was found. Director Steele stated that she provided a copy of the Manning Silverman work papers to the prior auditor and he took the net incomes from the work papers and put them in a column and analyzed the variances. She met with the prior auditor and the spent about three hours going through the numbers and tracked them down.

Trustee Turner stated that she asked for that to be done months ago and that a lot of money was spent and this could have been done months ago and the money not be spent. She stated that they were not trying to keep the money from being found but that they were trying to be responsible in finding it.

Mayor Maravelas asked Director Steele to read a memo from Manning Silverman. Director Steele read the memo regarding Fund 54, a bond reserve, with a debt balance of $145,000.00.

Trustee Caulfield stated that it is misleading to say that $300,000.00 was spent to look for the three million dollars. He also stated that there are still big questions yet and the three million dollar story is not over yet.

Trustee Turner asked if it was Manning Silverman that looked back to find the information in the memo. Director Steele stated that Manning Silverman was not allowed to look back but that there was carry over from the GMCS staff to Manning Silverman and that it could have been found because of that.

Mayor Maravelas stated that they needed to get back to the topic at hand.

Trustee Larson asked that a policy be drawn up regarding public opinion in the newsletter by the next meeting.

Ordinance 04-11-37 – Attorney Long read the ordinance.

Trustee Larson made a motion, seconded by Trustee Turner to waive the second reading, approve and publish in pamphlet form an ordinance, 04-11-37, entitled AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE VILLAGE BOARD MEETING AGENDA BY THE VILLAGE BOARD.

Trustee Hanson asked why there is such a rush and why it wasn’t brought up before a committee of the whole. Trustee Larson stated that it can be discussed now and she stated the high school does this and that it is standard practice in other communities.

Mayor Maravelas asked Attorney Long to explain the terminology. Attorney Long stated that essentially the Board would approve the agenda.

Trustee Larson stated that it gives the Trustees the right to remove items. Trustee Turner added that it also allows the order to be rearranged.

Trustee Hanson stated that it would have been nice to have more involvement in this. Trustee Larson stated that there is not a legislative committee. Trustee Hanson stated that there is the Finance and Administrator Committee.

Trustee Caulfield stated that the agenda is published so that the citizens can be informed of what will be discussed at the meeting. He stated to pass this would allow changes to be made to the agenda that the public is aware of and that it will mean that someone that was planning to come for a certain item might find that the agenda has been changed.

Trustee Pierce stated that this is one manner in which Trustees can protect themselves since certain individuals are setting the agenda. He stated that if there is something that is put on the agenda for a political whim that the rest of the Trustees can protect the citizens from being subjected to the politics.

On roll call, the vote was:
YES: 4: Pierce, Larson, Porch and Turner
NO: 2: Caulfield and Hanson
THE MOTION CARRIED

Other Business – Trustee Larson stated that a Parks and License committee meeting has been set for Thursday, November 4, 2004 to discuss a variance request for coin operated amusement devices.

Other Business – Trustee Hanson stated that there are not supposed to be campers parked at Wal-Mart overnight, but that he has seen them there. Trustee Larson stated that the police should be instructed to enforce this.

Trustee Pierce suggested having Administrator Probst to discuss this with Wal-Mart.

ENGINEERING AND SENIOR SERVICES Authorization for Damages for Sewer Back up and Flooding – Trustee Pierce made a motion to authorize the Village Attorney to identify and negotiate with individuals who suffered damages due to sewer back up in 2001 and flooding in 2004 due to potential Village infrastructure issues. Trustee Larson seconded the motion.

Mayor Maravelas asked if this is opening the Village up to lawsuits. Attorney Long stated that the Village is immune from lawsuits and that there is a one-year limitation. He stated that if this is what the Board wants then he is going to need guidelines and a budget.

Authorization for Damages for Sewer Back up and Flooding cont’d – Trustee Pierce stated that he has asked the Administrator to work with Public Works and Planning and Zoning to put together records on known areas of flooding. He also stated that the survey could be a baseline and this could be added to the newsletter to find individuals.

Trustee Caulfield asked if there is an estimated dollar amount that should be set aside because of the drain that this will put on the Village coffers and taxpayers. Trustee Pierce stated that until negotiations begin the financial impacts won’t be known. Trustee Pierce also stated that taxpayers may be impacted but that tax payers will understand since some individuals have suffered damages due to the poor job the Trustees of the past have done on keeping the infrastructure in good condition.

Trustee Hanson stated that this is what insurance is for. He stated that everyone wants to take care of the residents but it is an old town. He also stated that 1.2 million dollars is being spent on repairs. Trustee Pierce stated that he’s glad that the EPA required the repairs and fined the Village because the Trustees failed to do their job.

Attorney Long stated that he can’t negotiate if he doesn’t have authority to extend an offer. He asked what he is supposed to offer and how is it going to be paid.

Trustee Porch stated that if this is going to be done that it has to go back further than 2001 to be fair to all residents and she doesn’t think the Village can afford to do that.

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

Senior Center Update – Trustee Pierce stated that the finances had already been discussed but that there is also a dent in the roof of the Senior Center and it needs to be looked into.

Director of Planning, Zoning and Building Silhan stated that Engineer Nyberg had looked it over and it is not a problem. Trustee Pierce stated that it needs to be looked at again.

Other Business – Trustee Pierce stated that as the Chair of Engineering he would like to be informed of potential development in the Village and was surprised to hear about the preliminary discussion for the development at IL Route 173 and Deep Lake Road. Administrator Probst stated that there is nothing at the Village Level that it is with the EPA and the Army Corp of Engineers.

Other Business – Trustee Porch asked about the status of a new Village Engineer. Administrator Probst stated that he’s got a flurry of resumes on the last day and that he’s chosen six candidates to interview. He stated that he has done one phone interview and is hoping to get the rest done this week.

ATTORNEY Resolution 04-31 – Attorney Long read the resolution and explained that they have the right to move the easements if IL Route 173 is expanded.

Trustee Porch made a motion, seconded by Trustee Turner, to approve resolution 04-31, entitled A Resolution Authorizing the Payment of Just Compensation for Easement Acquisitions.

Trustee Larson asked why the checks were approved before the resolution was approved. Director Steele stated that they should have been pulled out and that she thought this would be earlier in the agenda than it was.

Trustee Hanson asked what would have been done if the resolution didn’t pass. Director Steele stated that the checks would have been voided.

On roll call, the vote was:
YES: 4: Pierce, Larson, Caulfield and Turner
NO: 2: Porch and Hanson
THE MOTION CARRIED

Administrator Probst stated that the Village received good news, it’s been determined that the sewer work on North Avenue is not needed which will save the Village money and save the residents the hassle of having to deal with the detour.

Executive Session – A motion was made by Trustee Pierce for the Mayor and the Board of Trustees to move into executive session, at 9:56 pm. 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

Return – Trustee Hanson made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 10:44 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 Larson and seconded by Trustee Caulfield to adjourn the regular meeting of the Board of Trustees at 10:45 pm.

 

Respectfully submitted,

__________________________
Amy S. Monroe, Village Clerk

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