VILLAGE OF ANTIOCH

BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, IL
November 15, 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: Larson, Caulfield, Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe. Absent was: Trustee Pierce.
APPROVE BALANCE OF AGENDA Trustee Porch, seconded by Trustee Larson, made a motion to approve the balance of the agenda for the November 15, 2004 Village Board of Trustees Meeting.

Trustee Porch asked that the Resolution Condemning Vulgarity in Commercial Signage be moved from Attorney to Industrial, Retail, Redevelopment, Civic and Communications.

Trustee Larson asked that the Newsletter Policy be moved from Attorney to Parks and License.

Trustee Turner asked that the Resolution Authorizing the Village Attorney to Prepare a Contract with Great Lakes Partners to Memorialize an Agreement to Divide Recapture Fees be moved from Attorney to Planning, Zoning and Building.

Trustee Larson amended her second and Trustee Porch amended her motion to include these changes. On roll call, the vote was:

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

MINUTES 11/1/2004 Trustee Larson, seconded by Trustee Turner, made a motion to approve the minutes from the November 1, 2004 meeting with the following corrections:

• On page 9: Remove the following sentences “He stated that maybe it is time to determine if the department is even needed.”

On roll call the vote was:

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

MAYOR Electrical Commission Appointments – Mayor Maravelas stated that Rich Gelden, Gordy Volling and Bill Carney needed to be re-appointed to the Electrical Commission and that Paul Sharrett needed to be appointed to the Electrical Commission.

Trustee Porch made a motion, seconded by Trustee Turner to approve the re-appointments and the appointment. On roll call, the vote was:

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

Recognition of Citizenship – Mayor Maravelas stated that Ross Kaminsky, a Village employee, will be come a U.S. Citizen later this week and congratulated him for this achievement.

Ross Kaminsky thanked the Village for their support.

Other Business – Mayor Maravelas stated that last year, as a Christmas present, the Village gave each employee steaks and asked if the Trustees would like to do the same again this year.

Trustee Hanson made a motion to authorize the Village to give steaks to all of the staff as a Christmas present. Trustee Caulfield seconded the motion.

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

CITIZENS Nicola Beisel – Nicola Beisel, of 22595 W. Silver Lake Avenue, stated that she has four questions about Menards and that she asked these questions at the Planning and Zoning Board last Thursday. She provided her educational background and stated that she doesn’t deserve to be talked down to like Mr. Porto did last Thursday. She then asked for the total suspended solids per liter that will be going into Little Silver Lake and stated that she researched the information at the library, like Mr. Porto recommended, and found that it will be 31 pounds per year. She stated that she would like to know what 31 lbs represents in liters. She also asked what will happen with erosion after the proposed Menards is in place. Her third question asked for the equation used to estimate the predevelopment suspended solids.

Ms. Beisel’s fourth question was directed to the Board. She asked what kind of value they place on Little Silver Lake? She stated that it is a pristine lake and even though they are not a part of the Village now, they probably will be in the future.

Eugene Porto, of Great Lakes Principals in Wheaton Illinois, stated that she had a lengthy and detailed question and suggested that she provide it in writing to him and he would respond to her in writing.

Mary Dominiak – Ed Dominiak, of 22553 W Silver Lake Avenue, who is representing Mary Dominiak read the following letter regarding the proposed Menards Project:

I am sorry that I am not available to attend the Village Board meeting tonight at the time when Citizens address the Board. Thank you for allowing my husband to read this on my behalf.

I believe most of you are aware of my deep concern regarding the impact of this development on Little Silver Lake. It is important that you understand that I am not against development on Route 173. I am against a proposal that has the potential to significantly damage the lake.

My question to you tonight is: What is the rush? I believe that the only prudent, responsible action that the Board can take is to wait until the Village can appreciate the impact of the Wal-Mart project on the community, both positives and negatives. The failure on the part of the developer to deliver on some commitments only further emphasizes my belief that things should slow down.

If you have children, when they say they are going to do something and they don’t follow-up on their commitments, do you reward them?

I would suggest that you do NOT approve this request for re-zoning at this time until all of the commitments made by the developer are met and all the engineering questions are answered. You will maintain control of the current project. Once you approve this, you give up control. I do not believe that this is what the residents of Antioch expect from the Board of Trustees.

Thank you, Mary Dominiak

Ed Dominiak – Ed Dominiak, of 22553 W Silver Lake Avenue, stated that Little Silver Lake is a natural areas inventory site with a total suspended solid of 4 milligrams per liter. He stated that throughout history the area around the pond was farmed and there was a landfill and that it has recovered from these. He stated that now there is a request to put 70 milligrams per liter into a lake that has 4 milligrams and to put 5000 pounds of chloride. He stated that this won’t help the lake at all.

Marion Rush – Marion Rush, of 133 E Old Mill Trial, stated that she is the mom that started the campaign against Bad Ass Coffee. She also stated that she has been in contact with all of the schools, with churches and started circulating a petition.

Ms. Rush also stated that the sign does not fit the Village’s image and that it is offensive. She stated that they will take the stance that ass is in the bible, but that she doesn’t remember Bad Ass being in the bible.

Ms. Rush stated that some of the local newspapers have run articles and she has met with the others. She also stated that a TV network has contacted her.

Ms. Rush stated that she’s not sure how Bad Ass operates, if they say they are a coffee shop without providing the name. She also stated that there are only 27 in the US and that it is not a big coffee shop. She stated that she is offended that this business is being considered and that the Village residents have been let down. She stated that this business does not belong in an old fashion town. She also stated that it is a party coffee shop for 18 to 30 year olds.

Tom Rush – Tom Rush, of 133 E Old Mill Trial, stated that Antioch is a decent town and that it’s not too much to ask the Village to look out for the best interest of the residents. He stated that the Village has let them down and that the people of Antioch are offended. He stated that they received a lot of signatures on their petition and that they can get more.

Mr. Rush stated that the company name is offensive and that the Village should demand that developers let them know whom they will lease to.

Tony Liotta – Tony Liotta, of 400 Stafford Court, Lindenhurst, stated that he is the owner of the Bad Ass Coffee that will be going in. He stated that in the movies Shrek and Shrek 2 they make comments about Donkey being an ass, he then provided an example from each movie.

Mr. Liotta stated that any word can be taken out of context and that according to the dictionary ass is defined as a donkey. He stated that it is not Bad Ass it is Bad Ass Coffee.

Mr. Liotta provided information about Bad Ass Coffee Company; he stated that it is Hawaiian grown coffee and that the stores have a Hawaiian lifestyle in mind. He stated that there are over 40 stores currently but that over 200 locations are under contract.

Trustee Pierce arrived at 8:00 pm.

Mr. Liotta stated that the purpose of the name is to promote the aloha spirit and a Hawaiian legend, not to promote a body part.

Attorney Long stated that he wanted to respond to Mr. Rush’s comments. He stated that he understands Mr. Rush’s feelings and that there is a resolution coming up that addresses some concerns. He also stated that the powers of the Village are not unlimited and that the Village does not have the power to control the content of signage.

Attorney Long stated that the Village does not have zoning power to try to control what a developer will or won’t bring. He stated that the Village can’t condition granting a particular use or density based on what the store will be. He stated that the Village can only exercise the powers that legislature and laws give the Village.

Mr. Rush stated that if two developers both wanted to develop the same property and the developers were up front with the Village and one developer stated that they were going to allow Bad Ass and the other wasn’t that the Trustees should choose the one that isn’t accepting Bad Ass.

PLANNING, ZONING AND BUILDING PZB 04-18 – Trustee Turner asked Director of Planning, Zoning and Building Silhan to discuss what occurred at the Planning and Zoning Board Meeting regarding PZB 04-18: Great Lakes Principals – Phase 2.

Director Silhan stated that the meeting, which started on August 5, 2004, concluded last Thursday. He stated that the proposal is for a home improvement store with outdoor lumber storage and five commercial out lots. He also stated that the property was annexed in January of 2003.

Director Silhan stated that during the hearing there were issues raised about traffic, utilities and the quality of Little Silver Lake. He also stated that the IDNR issued a letter regarding the total suspended solids and based upon that letter the consulting engineers had no objections to this approval, provided that the IDNR letter be an exhibit to the ordinance, should the Board approve this. He stated that he also has conditions on which an approval could be based. He stated that the conditions are:

1. Any approving ordinance will not be executed or recorded until such time as the Phase One final sanitary sewer and final roadway improvements are installed and approved.

2. The conditions as indicated in the October 28th IDNR letter be requirements of the PUD, and that the IDNR letter become an exhibit to any approving ordinance.

3. Staff persons or technical consultants representing the Lake County Soil & Water Conservation District and the Lake County Stormwater Management Commission be invited to the Village Staff’s pre-construction conference with the contractors.

4. That prior to the issuance of any site development or building permit, a Village approved final plat of re-subdivision be recorded with the Lake County Recorder.

5. Also prior to the issuance of any site development or building permit, a letter from each of the dry utility companies that indicate all necessary easements are in place and that utility mains and capacity are available.

6. Any site lighting be oriented 90 degrees downward toward the ground with a flat lens fixture. Furthermore, if any skylights are anticipated for the proposed buildings, that there be some written commitment from the building owner that the interior lights shall be dimmed during the evening and early morning hours.

7. Detailed engineering comments from our consultant engineers, Smith Engineering as documented in their memo dated November 2, 2004.

Director Silhan stated that following review of the proposal the Planning and Zoning Board voted to recommend the approval.

Trustee Turner stated that tonight that there won’t be any action taken other than to table the recommendation because of several issues. Trustee Turner made a motion to table the recommendation and Trustee Pierce seconded the motion.

Trustee Hanson asked her to specify what the issues are. Trustee Turner stated that it would be discussed more during the Engineering report, but that it has to do with a Sequoit Creek study.

Mayor Maravelas asked if the three issues mentioned, traffic, utilities and Little Silver Lake, are part of what she is referring to. Trustee Turner stated that they are and that Little Silver Lake will be studied with Sequoit Creek.

Mayor Maravelas asked about a timetable. Trustee Pierce stated that it will probably be accomplished by January maybe February.

Trustee Hanson suggested pulling the petition, since the study shouldn’t be rushed. He stated that he’s sure that there is something about how long the petition can be tabled. Attorney Long stated that it can be tabled for up to 90 days but that he would have to check the state statutes or it has to be sent back to the Planning and Zoning Board.

Trustee Turner suggested looking at the ordinance to determine how long it can be tabled.

Trustee Caulfield asked if the recommendation to table this is based on a recommendation from staff or if this is separate. Trustee Turner stated that it is separate.

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

Inspector Vehicle Bid Request – Trustee Turner made a motion to table this to committee. Trustee Porch seconded the motion.

Trustee Caulfield asked what the impact to staff will be if this is tabled. Trustee Turner stated that the impact would not be great and that it can wait since this is a replacement vehicle.

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

Great Lakes Principals Resolution – Trustee Turner made a motion to discuss the resolution after returning from Executive Session. 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

INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Information Rack at Metra Station Request – Trustee Porch stated that the Antioch Chamber of Commerce would like to put an information rack inside the Metra Station. She stated that it would maintained by the Chamber. She asked for a motion.

Trustee Pierce, seconded by Trustee Larson, made a motion to authorize the Chamber of Commerce to place an information rack inside the Metra Station.

Trustee Caulfield asked if there would be a policy for placing items on the rack. Trustee Porch stated that it would be for Chamber Members only and for items that would help the community.

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

Resolution 04-32 – Trustee Porch stated that the Village is being reactive instead of proactive with the Resolution Condemning Vulgarity in Commercial Signage, since this is the first time something like this has occurred. She also stated that as the Village Attorney stated the Village is limited with what it can do.

Attorney Long read the resolution.

Trustee Porch made a motion, seconded by Trustee Turner, to approve resolution 04-32, entitled A Resolution Condemning Vulgarity in Commercial Signage.

Trustee Caulfield stated that he understands and appreciates the tone of the resolution but that he has trouble with the third whereas, since he is not prepared to say in a resolution a person’s intent.

Trustee Hanson asked if it could be changed. Attorney Long stated that it could be removed.

Trustee Porch stated that she would be willing to amend her motion if the second is amended. Trustee Turner stated she would not amend her second.

Trustee Larson stated that she is disappointed that this particular name of a company is coming into our Village and that she supports a gourmet coffee shop but she feels that the name is inappropriate and that she will not patronize the store.

On roll call, the vote was:
YES: 4: Pierce, Larson, Porch, Hanson and Turner
NO: 1: Caulfield
THE MOTION CARRIED

Trustee Porch stated that she would like to ask GLP to cancel their lease arrangement with Bad Ass Coffee. She stated she doesn’t know what legalities are involved but that it would be the right gesture with the community.

Tim Barrett, of Great Lakes Principals in Wheaton Illinois, stated that an offer has been made to cancel the lease without penalty but that as it stands today the lease is in full force. He stated that they don’t have the vehicle to cancel the lease because of a name. He stated that there are provisions to cancel for objectionable uses but beyond the offer to cancel the lease there isn’t any thing that they can do legally.

Trustee Hanson asked the terms of the lease. Mr. Barrett stated that it is a five-year lease with a five-year option.

Trustee Hanson asked what would occur if the business is not successful, due to the threat of boycott, if they would allow Mr. Liotta out of his lease. Mr. Barrett stated that it is very rare that GLP enforces the full rights of their lease agreement and that typically if they act in good faith they will let them out without penalties.

Other Business – Trustee Porch stated that the Holiday Parade is on Friday, November 26, 2004 at 6:30 pm and that the tree lighting follows the parade.

The Board of Trustees recessed at 8:30 pm and reconvened at 8:45 pm.

FINANCE AND ADMINISTRATOR Proposed Software Recommendation – Trustee Caulfield stated that Finance Director Steele is not able to be at this meeting tonight, but there is a recommendation from the Finance Committee for a finance software provider. He stated that there is a recommendation from the Finance Director in the packet to allow the Attorney to draw up a contract. He also stated that since Director Steele is not in attendance, this is on the agenda for information only. He asked that if anyone has questions that they follow up with Director Steele before the next meeting so that they can act on the recommendation at the next meeting.

Trustee Caulfield provided some information from Director Steele’s memo; about the process to determine a software provider and that it is an ASP system.

Trustee Porch stated that on page 4, under Estimated Costs it says 12 months and should only say 4. Trustee Caulfield explained that the first line is January through April and that the second line, where it says 12 months is for 2006.

Trustee Pierce asked if Trustee Caulfield is sure he doesn’t want to move forward on this tonight.

Trustee Porch made a motion to approve the software recommendation. Trustee Caulfield seconded the motion.

Trustee Larson asked if this company has a good reputation for providing service.

Trustee Turner asked if Director Steele saw the software working. Administrator Probst stated that the company provided a demonstration for staff.

Trustee Porch thanked Director Steele for preparing a document that the Trustees could understand.

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

Recommendation for Terminal Server and Telephone Solution – Trustee Caulfield asked Administrator Probst to provide information on this item.

Administrator Probst provided background on the research that went into determining what solution would be best for the Village. He stated that there were revisions to the type of hardware necessary throughout the process, which reduced the total cost.

Administrator Probst stated that throughout the process the phone system was discussed and some of the bidders were able to provide solutions that would work of off the current phone system.

Administrator Probst stated that his recommendation is PC Services, who provide services to the high school and are located in Antioch, for the hardware and Current Technologies for the phone system.

Mayor Maravelas asked how many employees they have. Administrator Probst stated that he has at least two.

Trustee Pierce made a motion to approve the hardware and phone recommendation. Trustee Caulfield seconded the motion.

Trustee Pierce asked about the annual maintenance cost, if it is an annual maintenance agreement or an hourly rate.

Administrator Probst stated that it is an hourly rate, of $100 per hour. Trustee Pierce asked about warranties.

Administrator Probst stated that there is a warranty but he doesn’t have the details with him.

Trustee Pierce asked if there will be someone answering the phone or if it will go to voicemail right away. Administrator Probst stated that someone will be answering.

Trustee Porch asked why PC Services didn’t initially provide a proposal. Administrator Probst stated that they weren’t aware of it and that he found out about them from Bill Ehlers at the high school.

Trustee Pierce asked if this price includes everything, software, cabling, etc. Administrator Probst stated that it includes everything but that there will be an additional cost to expand GIS, which will be in the next fiscal year.

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

Treasurer’s Report – Trustee Caulfield made a motion, seconded by Trustee Hanson, to accept the October 2004 Treasurer’s Report into record. On roll call, the vote was:

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

Draft Statement of Operations – Trustee Caulfield made a motion, seconded by Trustee Hanson, made a motion to accept the Draft Statement of Operations into record.

Trustee Porch stated that on the agenda it states that this is a draft but does not state that on the document. She also stated that she thought the Dolly Spiering Fund, on page 12, had been paid off. She stated that if she is reading it correctly there is still principal and asked if the principal has been paid off. Administrator Probst stated that the principal has not been paid off because they were verifying the numbers and that it should be paid of within the next couple of weeks.

Trustee Larson asked where the money is reflected, for the Dolly Spiering account, in this statement? Administrator Probst stated that he will have to follow up on that, so he can check with Director Steele.

Trustee Larson asked where the Dolly Spiering money is being held.

Trustee Caulfield stated that it shows on the Treasurer’s report.

Trustee Larson stated she wants to make sure that the money is in a restricted fund.

Trustee Porch asked why on page 14 there is principal and no interest for the debt service. Attorney Long stated that it might be because a payment is not due until 2005.

Trustee Caulfield stated that this is a draft document and that he appreciates attention being called to these issues but that it is a work in progress.

Trustee Turner verified if the Dolly Spiering certificate has not been paid off. Administrator Probst stated that enough utility tax was collected but they have been verifying that all the numbers are correct before paying it off.

Trustee Pierce suggested that since this is a draft that any more questions be held until the next meeting when Director Steele will be present.

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

Carmichael Construction Request – Trustee Caulfield made a motion to release check #41197 and Trustee Larson seconded the motion.

Trustee Pierce stated that he would like to hold the check because he has asked twice about change orders and before the final payment is made verify what has been authorized.

Director Silhan stated that this is not the final payment. Mayor Maravelas stated that if this is not he final payment that it should be paid. Trustee Pierce stated that it would be more leverage to hold $90,000.00 than $30,000.00.

Trustee Larson asked about the final date of completion, since they were told a few weeks ago that it would be November 16, 2004. Director Silhan thought that the date was the end of November, but that it will be done before the end of the year.

Trustee Larson asked how much more work needs to be done. Director Silhan stated that work on the windows needs to be finished, that there is a drainage issue and the railing around the patio.

Attorney Long asked if there is a punch list. Director Silhan stated that there is not one yet. Attorney Long recommended that the check is authorized to be released upon negotiation and executions of a successful punch list.

Trustee Larson amended her second and Trustee Caulfield amended his motion.

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 asked if there would be any objection to vote on the invoices over $10,000 in one motion.

Trustee Pierce made a motion to authorize an invoice JP Morgan Chase Bank. Trustee Hanson seconded the motion.

Trustee Caulfield stated that the motion needs to include the separate dollar amounts and invoice numbers for all of the payments.

Trustee Hanson amended his second and Trustee Pierce amended his motion to include an invoice to JP Morgan Chase Bank, in the amount of $200,000.00 for the GO 1998A – Public Safety Principal, an invoice to JP Morgan Chase Bank, in the amount of $47,850.00 for the GO 1998A – Public Safety Interest, an invoice to JP Morgan Chase Bank, in the amount of $175,000.00 for the GO 1998b – Water & Sewer Principal, an invoice to JP Morgan Chase Bank, in the amount of $50,025.00 for the GO 1998B – Water & Sewer Interest, an invoice to JP Morgan Chase Bank, in the amount of $75,000.00 for the GO 2002A – MFT Principal, an invoice to JP Morgan Chase Bank, in the amount of $34,662.50 for the GO 2002A – MFT Interest, an invoice to JP Morgan Chase Bank, in the amount of $150,000.00 for the GO 2004B – Corporate Principal and an invoice to JP Morgan Chase Bank, in the amount of $31,275.00 for the GO 2004 – Water & Sewer Rev Interest.

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

Accounts Payable – Trustee Caulfield made a motion to approve the accounts payable in the amount of $849,802.52, as prepared by Village staff. Trustee Hanson seconded the motion.

Trustee Larson asked why there were not any check numbers on the document. Trustee Caulfield stated that the printer is broken and this report was done manually.

Trustee Pierce asked how much was taken in for property tax in October. Administrator Probst stated that off of the top of his head he wasn’t sure of the amount. Mayor Maravelas stated that he thought it was over 2,000,000.00.

Trustee Pierce stated that $900,000 was expended and only $200,000.00 was taken in and it’s a good idea to watch the money. Trustee Caulfield stated that he thinks it’s always a good idea to be careful with the Village’s money.

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 Water & Sewer Account in the amount of $605.68, for the Payroll Bank Account in the amount of $1,054.58 and the AP Concentration Account in the negative amount of $3,839.87. 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 left the Board Room.

Ratify Payroll – Trustee Caulfield made a motion to ratify the approval of payroll in the amount of $182,852.58, for October 22, 2004. Trustee Larson seconded the motion.

Trustee Pierce stated that he wanted to verify that about $182,000.00 is paid in for payroll each month. Mayor Maravelas stated that it is every two weeks.

Trustee Porch returned to the Board Room.

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

Payroll – Trustee Caulfield made a motion to approve payroll in the amount of $184,251.15 for November 5, 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.

Other Business – Trustee Caulfield stated that during the Finance Committee meeting discussion were held regarding the new audit and that they Auditor will be coming in at the end of November, beginning of December for about three weeks. He also stated that Director Steele was provided with an out line of the documents that the Auditor will need.

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES Bid Requests – Trustee Hanson stated that he has a request for four items to go out to bid for. Trustee Hanson then made a motion to approve going out to bid for a Dump Truck, a Back Hoe, a 4X2 Truck and a 4X4 Truck.

Trustee Pierce asked for clarification on the motion.

Trustee Hanson stated that motion is to authorize the Public Works Director to go out to bid for the four pieces of equipment.

Trustee Caulfield asked when he anticipated the request for purchase. Trustee Hanson stated after the bids are opened.

Trustee Caulfield seconded the motion.

Mayor Maravelas asked if any of the equipment would be used for snow plowing. Trustee Hanson stated that the Dump Truck would be and that the 4X4 would be used for smaller jobs.

Trustee Larson stated that she has a problem with this going out to bid before going to committee. She stated that once approval to go out to bid is given that it is assumed that the item will be purchased. She also stated that there is nothing explaining that this would be a replacement vehicle or how old the vehicle is.

Trustee Hanson stated that the Superintendent of Public Works has been hesitant to make this request because of the financial constraints. He also stated that he told the Superintendent to bring this before the Board since it is in his budget and since these are the same vehicles he showed the Trustees at last year’s retreat.

Trustee Turner stated that she would like to know how this will be paid for since the budget is a guideline.

Trustee Hanson stated that doing the work in house is justification to purchase these vehicles, since it would be saving money. He also stated that they are lucky that they have someone in house that can repair the vehicles and that they are becoming a safety issue.

Trustee Caulfield stated that it would behoove the Department Head to come before the Board with justification and financial input and that it would be important to have that documentation for this type of a purpose.

Trustee Hanson stated that if it is what the Board wants then he will put it into committee.

Trustee Larson stated that she would like to sit down with the Department Head to look over the justifications and wants it to go through the same process as every other Department.

Trustee Pierce stated that Director Steele put together documentation for a substantial software purchase, which allowed the Board to understand and reach a conclusion. He stated that during the finance discussions that payroll is going to be over 5 million this year and that according to the Mayor they have over 4million in the bank and that there are a lot of expenses that the Village needs to look at and the information provided does allow them to justify a decision.

Trustee Hanson stated that two weeks ago this Board tried to approve a situation where the Village was asked to pay a blind amount for sewer damages and now they won’t approve equipment to service the community.

Trustee Porch asked if the Draft Operation statement should show what is in the budget. Trustee Caulfield stated that it is a draft document and that eventually they will be able to see the budgeted amounts.

Trustee Hanson stated that a policy needs to be set because there seems to be a different process for different departments. Trustee Caulfield stated that Director Steele is in the process of putting together a comprehensive purchasing policy.

Trustee Porch stated that a part of the purchasing policy should be that the Village never goes out to bid before there is verification of the funds to purchase the item.

Administrator Probst stated that he had been telling all of the department heads to not purchase anything major until the finances were in better shape and over the past couple of weeks Director Steele has been able verify that the finances are in good shape so he gave the okay to look into purchasing items. He also stated that going out to bid is necessary to get an idea of what the item will cost.

Trustee Larson stated that it should be determined that the item is needed and that the Trustees want facts. She stated that the facts should be discussed in committee and then they can go forward.

Trustee Hanson stated that he apologized for not putting this into committee first and that he will put it into committee.

Trustee Caulfield removed his second and Trustee Hanson removed his motion.

PARKS AND LICENSE $5,000 Maximum for Joint Village/Township Park Raffle – Trustee Larson stated that previously she brought before the Board a request for a Joint Village/Township raffle for the Depot Street Park. She stated that Raymond Chevy is donating a vehicle that is worth approximately $45,000 and she is asking that the Board authorize taking $5,000.00 from each entity from the raffle proceeds if the tickets do not sell to the full price of the vehicle.

Trustee Caulfield stated that it sounds as though they are having the raffle to pay for the vehicle. Trustee Larson stated that this is complicated because Raymond Chevy hasn’t said if they will donate the full amount of the vehicle but that the maximum that the Village would have to expend is $5,000.00 from the proceeds of the raffle.

Trustee Larson made a motion for the Village to authorize a maximum of $5,000.00 from the raffle proceeds for the vehicle. Trustee Turner seconded the motion.

Trustee Porch stated that Raymond will either donate the vehicle in full or all but $10,000.00 ($5000.00 from Village, $5000.00 from Township), which will come from the proceeds of the raffle.

Trustee Hanson asked how it can come from one or the other since it’s from the same pot. Trustee Larson stated that the Village portion would only be $5,000.00

Trustee Pierce suggested making the motion authorizing the joint venture to not exceed more than $10,000.00 with approval from the other entity in the group.

Trustee Caulfield stated that they are voting to authorize money that they aren’t sure if it will be needed.

Trustee Larson stated that they want to move forward with the park and aren’t sure how else to move forward with the raffle and be up front with the rest of the Board members. Trustee Larson asked Attorney Long if he had a recommendation on how to move forward and still satisfy the Board members.

Attorney Long stated that there are not a lot of legal issues involved in this and that they can spend $5,000.00 from each but that it still amounts to $10,000.00 and that is underwriting the baseline of the raffle.

There was discussion regarding where the vehicle is being partially donated or fully donated. Trustee Hanson stated that if he understood correctly that Raymond will probably donate the full amount of the vehicle but that they want the committee to push to sell as many tickets as possible.

Trustee Turner asked about the tickets. Trustee Larson stated that they will be sold in packets of 5 at $20.00 each with a six ticket for free.

Trustee Caulfield asked if he votes positively, what he is voting for and asked if he would be saying that it is possible that they might have to pay $5,000.00. Trustee Hanson stated he is correct.

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

Joint Village/Township Name – Trustee Larson stated that an official name has not been established for the park and the recommendation is that the park be named the “Tim Osmond Sports Park”. She made a motion to approve naming the park the “Tim Osmond Sports Park”. Trustee Pierce seconded the motion.

Trustee Larson stated that she has confirmed the name with JoAnn Osmond.

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

Joint Village/Township Meeting Update – Trustee Larson stated that a member of the School Board, the Superintendent and the School Business Manager were present and that there was discussion of the memo from the meeting with the school. She stated that the joint committee was led to believe that the high school wanted to get into the co-op and at the last meeting that they don’t want to join the co-op but would like to develop the joint track together to make sure that the infrastructure and the track blend to save taxpayers money.

Trustee Larson made a motion to work with the high school to develop a track that meets IHSA standards. Trustee Turner seconded the motion.

Mayor Maravelas stated that they agree to have cooperation with the high school. Trustee Larson stated that is correct, but without changing the co-op.

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

Newsletter Policy – Trustee Larson stated that her intention with the request for a Newsletter Policy was not to make this a political issue. She stated that as she read the policy she felt it was political. She stated that the first section is good but the second section makes it political. She stated that she would like to take this to committee.

Attorney Long stated that this is a draft and that he was trying to make it not political by creating the Editor.

Trustee Larson made a motion to discuss the Newsletter Policy in committee. 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

ENGINEERING AND SENIOR SERVICES Status of Recapture Agreements – Trustee Pierce asked if someone could provide an update, since Director Steele is not in attendance.

Administrator Probst stated that the payments are being finalized and that Director Steele is in the process of creating a file for all of the recaptures, going back 20 years. He also stated that the last of the individuals that has been asking for their repayment brought in documentation and Director Steele has been working with the banks to verify the documentation. He stated that the calculations of what they need to be paid are being worked on.

Trustee Pierce stated that he would like to keep this on the agenda till all of the recaptures are resolved.

Mayor Maravelas asked how far back Trustee Pierce would like to go. Trustee Pierce indicated that there has been mention of 20 years. Mayor Maravelas stated that it goes back to 1971. Trustee Pierce stated that the Board had not approved the 1971 date.

Trustee Turner stated that the calculations should be done according to the ordinance. She read section eight of the ordinance with provides for how the payments should be made. Trustee Caulfield stated that if she reads the sentence about the formula again, she will understand the difficulty in coming up with the number.

Trustee Turner stated that this has been on the books since the very beginning she stated that this is the Village’s law and the Village made the individuals prove their payments.

Trustee Caulfield stated that if the records were in such great order then staff wouldn’t be having as much difficulty as they are having trying to get this done.

Trustee Turner stated that the ordinance has been here all along. Trustee Caulfield stated that this discussion has been had and that it would be pointless to discuss it again but he will say what he’s been saying all along, that the records are in disarray and that is what has caused the problem. The problem has been identified and is being worked on.

Trustee Hanson stated that the Board approved the Finance Director to solve this for the Village and that every time we ask a staff person to resolve a problem the Board overrides it.

Trustee Pierce stated that all he asked for was a status of the outstanding recapture agreements and asked why staff is wasting time on ones that have been satisfied.

North Avenue Permit Fee – Trustee Pierce stated that he inadvertently put this on the agenda.

Administrator Probst stated that he has Smith Engineering looking into getting the permit fee back.

Stormwater Management Master Plan – Trustee Pierce stated that this was discussed at a committee meeting and that Phase 1 of the Sequoit Creek study will cost about $15,000.00 and that staff is working with Christopher Burke on a timeline. He also stated that staff is checking into how much a second phase would cost and the timeline for a second phase. He stated that the second phase would impact from McMillen to the park, the Anita Street Bridge and the Pitman property. Trustee Pierce made a motion to approve Phase 1 at a cost of $15,000.00, which will cover the Eastern Development Corner. Trustee Larson seconded the motion.

Trustee Porch stated that the motion didn’t include anything about a Special Service Area to recoup funds for possible future problems. Trustee Pierce stated that he is hoping that is one of the solutions that come out of the study.

Mayor Maravelas asked if this is in addition to the 2006 Road Program. Trustee Pierce stated that he would think it would cost less to do one complete study, since the 2006 road work on Anita will not provide a full solution.

Trustee Caulfield asked about money before and he just heard that there is a possibility that they don’t have the money and that they might get money for the study. Trustee Porch stated that they didn’t say they don’t have the money.

Trustee Hanson stated that other items on the agenda were critical but were removed because the Village doesn’t have the money. He asked where this money will come from. He also asked how do you balance what is more important.

Trustee Caulfield stated that there have been layers of studies for this area and there is a potential for over lap. Trustee Pierce stated that the studies have indicated the problems but not the solutions. Trustee Pierce also stated that money was budgeted for another project and money was saved which can pay for this study.

Trustee Hanson stated that just because something is budgeted doesn’t mean it’s available to be spent.

Trustee Pierce called the question. On roll call, the vote was:

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

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

Senior Center Update – Trustee Pierce stated that this was discussed earlier in the meeting.

Other Business – Trustee Pierce stated that Lake Villa has put together a program, with PACE, to create more service for seniors. He asked Administrator Probst and Senior Center Coordinator Howard to work with Lake Villa to get information so a similar program could be created in Antioch.

Mayor Maravelas stated that he has been working with stores in town to create a shuttle bus program to transport seniors from store to store. He stated that he has not mentioned anything yet because he only has agreement from two big stores.

Trustee Larson stated that the article she provided to Trustee Pierce indicates that Lake Villa Township is providing $30,000.00 a year to lease, with the option to buy, a PACE bus. She stated that after talking with the seniors at the Senior Center that the biggest problem is transportation, not just to the stores.

Mayor Maravelas stated that the program he is working on would come from store donations.

Other Business – Trustee Porch asked for an update on the process for hiring a Village Engineer.

Administrator Probst stated that he has one phone interview left and hopes to schedule interviews for the week after Thanksgiving.

Trustee Porch asked how many are strong candidates. Administrator Probst stated that on paper two are very strong, that two others look good but that he has questions for everyone that he has talked to.

ATTORNEY PZB 04-20 Ordinance – Attorney Long stated that this ordinance was approved in principal two weeks ago and then read the ordinance, minus the legal description.

Trustee Turner made a motion, seconded by Trustee Hanson to proceed to the second reading of the ordinance entitled AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE VILLAGE BOARD MEETING AGENDA BY THE VILLAGE BOARD.

Trustee Turner stated that in section 2 she would like to add after exhibit A, that the Village has no objection provided there are not more than 26 lots.

Trustee Pierce stated that he would like to follow up with Trustee Turner’s motion to not waive the second reading because the there are some possibilities of changes that might occur with annexation of properties around the property in question.

Mayor Maravelas asked Director Silhan if he was aware of the changes. Director Silhan stated that he wasn’t but that he could inquire into it.

Trustee Hanson amended his second and Trustee Turner amended her first to include the modification of 26 lots.

On roll call, the vote was:
YES: 4: Pierce, Porch, Hanson and Turner
NO: 2: Larson and Caulfield
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 10:35 pm. Trustee Caulfield seconded the motion. On roll call, the vote was:

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

Return – Trustee Hanson made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 11:27 pm, with no action having been taken. Trustee Caulfield seconded the motion. On roll call, the vote was:

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

Resolution 04-33 – Trustee Porch made a motion, seconded by Trustee Turner, to approve resolution 04-33, entitled Resolution Authorizing the Village Attorney to Prepare a Contract with Great Lakes Partners to Memorialize an Agreement to Divide Recapture Fees, including a change to the 6th whereas to remove “the Mayor and the Village Attorney” and add “the Corporate Authorities”. Trustee Pierce seconded the motion.

Trustee Pierce asked that in the 5th whereas that the “and improve” be stricken.

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

Mayor Maravelas asked Administrator Probst to provide an update on the agreement that is being worked on. Administrator Probst stated the fee for the sewer easements are becoming astronomical and worked with Great Lakes Principals and came to an agreement of providing the Village with 25% of their recapture including interest, without a cap.

ADJOURNMENT A motion was made by Trustee Larson and seconded by Trustee Hanson to adjourn the regular meeting of the Board of Trustees at 11:30 pm.
 
Respectfully submitted,

__________________________
Amy S. Monroe, Village Clerk

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