VILLAGE OF ANTIOCH

BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, IL
December 6, 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 11/15/2004 Trustee Hanson, seconded by Trustee Pierce, made a motion to approve the minutes from the November 15, 2004 meeting with the following corrections:

• On page 2: Change rust to rush.
• On page 5: Add but that he would have to check the state statutes after days
• On page 5: Add with the Resolution Condemning Vulgarity in Commercial Signage after proactive
• On page 12: Add Trustee Hanson stated he is correct after the sentence ending with $5000.00.
• On page 13: Add Trustee Pierce stated that the Board had not approved the 1971 date after the sentence ending with 1971.

On roll call the vote was:

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

CLERK Schedule of Meetings – Clerk Monroe stated that the proposed meeting dates for 2005 were included in the agenda packet.

Trustee Turner stated that another meeting in July and August needs to be added since bills need to be paid and usually a special meeting is scheduled. Trustee Porch added that it would be July 5th, since July 4th is a holiday and August 1st.

Trustee Porch made a motion, seconded by Trustee Pierce to approve the 2005 Schedule of Meetings with the addition of a meeting on July 5, 2005 and August 1, 2005. On roll call the vote was:

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

APPROVE BALANCE OF AGENDA Trustee Porch stated that she didn’t think that the agenda had been approved and then made a motion to approve the balance of the agenda for the December 6, 2004 Board of Trustees Meeting. 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

CITIZENS Dennis Crosby – Dennis Crosby, of 1065 Wateview Circle, stated that he is a candidate running for trustee but that he is addressing the board as a citizen. He stated that he was concerned with an article written by Julie Murphy in the Antioch News. He stated that the article she wrote was quite fair and balanced but that he was distressed with the headline, knowing that a lot of people only read the headlines. He stated that the headline basically stated Goal of Job Patronage and Sinecure and that had to look sinecure up in the dictionary. He provide the definitions for both words; patronage meaning someone paying political favors to someone else and sinecure meaning creating a job with little to do that gets paid a lot. He also stated that he was equally troubled that a department head talked to the press and complained that they having been trying to get people hired and made the implication that the Mayor had the power to hire someone when they couldn’t get approval to hire someone.

Mr. Crosby stated that this isn’t a political issue because if it was he would wait until April, hope that he got elected and then deal with it then. He stated that he wanted to encourage the Board to look at what is behind this issue.

Mr. Crosby stated that as for patronage that as far as he can tell the Mayor does not know this person, other than 30 years ago. He also stated that she is not a friend, relative or owe him money. He stated from what he understands she approached the Mayor and asked for help in getting a job and then her candidacy was laid in front of the department heads and one of the department heads had a real need. Mr. Crosby stated that from his understanding, in talking with the department head, that this employee is doing a wonderful job.

Mr. Crosby stated having said all of that he is concerned with how it happened and that there is an underlying issue that he would encourage the Board to look into. He recommended having a hiring process so that any department head or elected official can fall back on that process when asked for a job. He also stated that he would encourage the Board to charge Administrator Probst with a procedure that covers hiring practices.

Trustee Porch stated that the Village Board has no control over newspaper articles or headlines. She also stated that she is surprised and shocked that the Mayor didn’t stop Mr. Crosby for speaking for him. She stated that the Village does have a hiring practice in effect and that any job that is created has to be approved by the Board. She also stated that she is sorry that he wasn’t given correct information from the Administrator. She stated that department heads have the right to replace people or hire people in existing positions.

Mayor Maravelas stated that he does not need anyone to speak for him. He asked Mr. Crosby if he subscribes to Lakeland newspaper. Mr. Crosby stated that he does.

Trustee Turner stated that she is surprised to hear that Mr. Crosby knew that the employee is doing a good job since she just found out about the job on Friday and hasn’t heard anything about it. She also stated that a department heads come before the Trustees in committee and discuss the new position. She stated that they prove the need for the position and how it will be paid for and then they go before the Board and a vote is held regarding the creation of the new position. She stated that process was not followed and a citizen is chastising the Board for micro managing staff.

Mr. Crosby stated that he asked the department head if the employee was accomplishing the job. He also stated that he is not chastising the Board and that right, wrong or indifferent she has been hired and it is a shame that she is being singled out. He stated that if there is a process that is working well, then it should be followed and if it is not being followed then that needs to be corrected. He also stated that in talking to the Village Administrator that procedures are being written.

Mr. Crosby also stated that he is not speaking for the Mayor but that he is speaking to a process issue that he is concerned about.

Trustee Turner stated she would like the process to be followed and it wasn’t. Mr. Crosby asked if it’s an open process that any citizen could find out about and that it should be published. Trustee Turner stated that a citizen could fill out a Freedom of Information Act request form.

Trustee Larson stated that policy was changed about a year ago and that it appears that it has not been adhered to. She stated that department heads were given the ability to hire for positions already created, not create new positions. She also stated that a policy is in place and it has not been followed.

Trustee Turner asked Administrator Probst why this position was created without the permission of the Board. Administrator Probst stated that it wasn’t really a job that was created because it is not a permanent position and would not have fallen anywhere on an organizational chart. He also stated that the way he presented it to staff was if anyone had a few hours of work a week that they could use help with to get caught up on to let him know. Staff was not told that a position was being created or that the person had to be hired. Trustee Turner asked why it wasn’t brought before the Board. Administrator Probst stated that he didn’t think this type of position needed to be.

Trustee Hanson stated that when he found out about this he went to the Mayor and asked him about it. He stated that he thought it was a great idea since the Redevelopment Department has been without a department head for a year and a half and the department head needs to be spending time on the important aspects of redevelopment.

Mayor Maravelas stated that he hired no one and that he brought it before Administrator Probst and told him that the person is in need of a job for a few hours a week. He stated that he did not promise the job to the woman and told her that she had to go through the process.

Trustee Caulfield stated that this is an unfortunate incident of a reporter using her stage to editorialize rather than print news. He stated that this is another example of the Board exercising a holier than thou attitude and that the proper thing to have done was to thank the citizen for his comments and to discuss the personnel matter in executive session. He also stated that he doesn’t know why the Board makes a regular habit of attacking citizens when they come before the Board with their opinion.

Trustee Pierce stated that his concern is that a job was created using taxpayers dollars and that Mr. Crosby is correct that written procedures should be in place and that until they are that a hiring freeze should be implemented.

James Cole – James Cole, of 285 Chestnut, asked that the Board members walk from along the sidewalks on Main Street to see the condition that they are in. He stated that there are telephone poles in the middle of the sidewalks and that it is muddy on the ramps to the sidewalks. He asked if the State has said when they are going to take care of the street.

Mayor Maravelas stated that they are a couple of years behind. He also said that he called Commonwealth Edison about this.

Margaret Cole, also of 285 Chestnut, stated that it is disgusting trying to walk down Main Street.

Mr. Cole stated that this is a safety issue. Trustee Hanson suggested turning this over to the Public Safety Committee. Mrs. Cole stated that it is the fact that the poles are in the middle of the sidewalk. Trustee Hanson stated that this is beyond the Village’s control since it is in the right of way and the state doesn’t have money to finish the road.

Mr. Cole stated that the Village should go to the state and get something going with the improvements.

Mary Dominiak – Mary Dominiak, of 22553 W Silver Lake Avenue, stated that she is concerned with the road conditions on Deep Lake Road going into Wal-Mart. She stated that she brought this up at the Planning and Zoning meeting and asked that the road be re-stripped and it can’t and suggested that maybe requiring that only access to Wal-Mart be allowed on IL Route 173.

Ms. Dominiak also stated that a neighbor witnessed salt being used on the Wal-Mart parking lot and that she believes that is a violation of the ordinance. She asked that it be looked into.

Ms. Dominiak stated that her final comment was about an RV in the Wal-Mart parking lot. She stated that she saw an RV in the lot and called non-emergency and was told that there was nothing that could be done. She stated that she believed that it was a part of the ordinance and the dispatcher stated she would look into it. The dispatcher called her back after talking to the night manager and that the night manager knew nothing about not allowing RVs to park overnight. An officer then went out to talk to the manager and was told that it is a national policy for Wal-Mart to allow overnight parking for RVs.

Trustee Larson asked Attorney Long to find the PUD ordinance and find the wordng that prohibits RV parking and provide it to both the Police Department and Wal-Mart. Attorney Long stated that he would look into it and also that GLP is looking for relief from the Board and that they must live within the rules or it will have an impact on their work with the Board in the future.

Ms. Dominiak made a request that a water quality ordinance be adopted and requested that the ordinance stipulate certain requirements for total suspended solid and provided language that is a part of SMCs ordinance.

Trustee Porch suggested that Ms. Dominiak’s concerns related to Deep Lake Road be discussed at a Planning, Zoning and Building Committee meeting agenda and that the last issue be discussed at an Engineering Committee meeting.

Nicki Beisel – Nicki Beisel, of 22595 W. Silver Lake Avenue, stated that the last time she was before the Board she was asked to provide her questions in writing and stated that she had them. She provided the copy to Attorney Long.

Ms. Beisel then stated that Wal-Mart has already been in violation for using road salt and reiterated for the Trustees information about Wal-Mart violating the clean water act and stated that Wal-Mart has a history of violations. She also stated that Antioch has already experienced Wal-Mart sediment run off and has been fined for it. She stated Wal-Mart is already failing to prevent run off of salt into Loon Lake. She also stated that there is clearly a complete break down in communication regarding RV parking with the Wal-Mart manager and asked what assurance is there that they will adhere to the agreement for road salt.

Ms. Beisel asked, rhetorically, what the Trustees will do about the quality of Little Silver Lake.

PLANNING, ZONING AND BUILDING Trustee Turner stated that she does not have a written report but that she had a comment about the job that was discussed earlier. She asked Administrator Probst how it will be paid for, how long it is going to last and stated that she would like the answers in writing. She also stated she would like the information by the end of the week and that once the information was provided the Board would decide if the job will be allowed to continue.

Trustee Pierce left the meeting at 8:16 pm.

INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Trustee Porch stated that she does not have a written report but that she wanted to say that a great holiday program was just completed and wanted to thank Special Events, Public Works and Parks for the excellent job done.
FINANCE AND ADMINISTRATOR Tax Levy Information – Finance Director Steele provided information to the Mayor, Trustees and audience members related to the tax levy. She stated that the Village is required to publish information about property taxes in a certain format. She stated that the information can be difficult to understand and wanted to review the information before the public hearing on December 20, 2004. Director Steele explained the process for determining the amount of tax to levy.

Trustee Turner asked how the sales tax was spent for this year. Director Steele stated that the revenue supports all of the general fund obligations.

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 Caulfield then made a motion, seconded by Trustee Porch, to authorize an invoice to Smith Engineering, in the amount of $29,919.55 for Clublands 3 Construction Observation, an invoice to Smith Engineering, in the amount of $13,244.95 for Redwing View Construction Observation, an invoice to Blue Cross Blue Shield, in the amount of $60,185.42 for December Insurance, an invoice to Antioch Police Pension Fund, in the amount of $128,369.29 for distribution 1 and 6 - 10, an invoice to State Bank of the Lakes, in the amount of $619,800.00 to repay note 37057 and an invoice to National Waterworks, in the amount of $17,731.10 for Meters, totaling $901,488.06.

Trustee Larson asked about the Police Pension distributions 1 and 6 through 10. Director Steele explained that the state sends the property taxes in 12 distributions and as the distributions are received for Police Pension the State indicates how they need to be applied.

Trustee Larson asked if the payment to the State Bank of the Lakes is for the Dolly Spiering Loan. Director Steele stated that it was for the Dolly Spiering Loan.

Mayor Maravelas asked if there was a remaining balance for the loan. Director Steele stated that there is not a balance and that this payment includes interest through December 7, 2004.

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

Trustee Porch asked that in the future the list of invoices over $10,000.00 indicate which payments are through escrow.

Accounts Payable – Trustee Caulfield made a motion to approve the accounts payable in the amount of $1,045,500.90, as prepared by Village staff. Trustee Hanson seconded the motion.

Trustee Pierce returned at 8:30 pm.

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

Manual Checks – Trustee Caulfield made a motion to approve manual checks dated December 6, 2004 for the AP Concentration Account in the amount of $609.45. 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 $183,283.62 for November 19, 2004 and in the amount of $205,275.83 for December 3, 2004. 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

Escrow Invoices – Trustee Caulfield stated that the escrow in the amount of $72,766.73 is informational.

Trustee Porch asked if the escrow balances are positive. Director Steele stated that for any checks that have been received it is positive but that they still have billings to send out and that they are being worked on.

Trustee Porch asked if the developer balance is positive. Director Steele stated that there is more money than what is being spent.

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES Equipment Training Pay Increase Request – Trustee Hanson stated that Public Works has a pay increase system to compensate employees when they complete training on certain pieces of equipment. He then read a letter from Superintendent Smith regarding three employees that have completed training on the loader and the sweeper. Trustee Hanson then made a motion to follow past practices and provide a $0.40 raise for the three employees. Trustee Larson seconded the motion.

Trustee Larson stated that it is confusing because it says that a $0.20 raise is due but that a $0.40 raise is due. Trustee Hanson stated that it is $0.20 per piece of equipment.

Trustee Hanson clarified his motion by saying that Ryan Parker, Bob Rentner and Bill Vos receive a $0.20 per hour raise for the front-end loader and a $0.20 per hour raise for the street sweeper for a total of $0.40 per hour.

Trustee Larson stated that she wrote it down as per past procedure a $0.20 increase per piece of equipment in pay is due.

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

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

Dump Truck Bid Authorization Request – Trustee Hanson stated that the request to go out to bid was discussed in committee and additional information was provided from the department. He then made a motion to authorize Public Works to go out to bid for a Dump Truck. Trustee Pierce seconded the motion.

Trustee Pierce stated that he realizes this is an authorization to go out to bid and that the bids don’t have to be accepted but that between the time that the bids are published to the bid opening he would like the funding for the vehicle to be identified, to ensure that the money is there. Trustee Hanson stated that there is a new State funding mechanism that has been put in place that allows for payment to be made over a period of time that is yet to be determined.

Trustee Pierce asked if this was the quarter percent sales tax increase.

Trustee Larson stated that Trustee Hanson said “funding” and funding makes her think it’s a grant.

Director Steele stated that there are a couple of different options and that she would like to come before the Board with a funding plan. She stated she is hoping in the future that the Village will have a 5-year capital plan for all major purchases that takes into consideration life expectancy and revenue sources. She also stated that the Village has the cash but wouldn’t recommend spending it on two pieces of equipment.

Trustee Porch verified that Director Steele stated that the Village does have the cash if it’s decided to purchase this vehicle outright. Director Steele stated that there is cash but that she doesn’t recommend doing it.

Administrator Probst stated that he has used this type of program before and it enables a vehicle to be purchased over a time frame of a few years and that allows a fleet to be improved.

Trustee Larson stated that she agrees that it sounds like a good policy on face value but what happens next year when Public Works needs another piece of equipment and it’s extended for another 5 years. She stated that she would be criticized if she ran her home finances that way.

Trustee Turner asked if this is the same vehicle that was shown at last year’s retreat. Superintendent of Public Works Smith stated that it is not, that the picture is of the truck that broke in half last year. Trustee Turner asked if that truck is gone. Superintendent Smith stated that it is kept as a spare since additional trucks will be needed for when Neumann needs to be handled by the Village.

Mayor Maravelas asked Superintendent Smith if it is less expensive to have Public Works plow or to hire a company to do the plowing. Superintendent Smith stated that it is less expensive to have Public Works do the plowing.

Trustee Turner stated that she thought that a plow was purchased for the Neumann subdivision. Superintendent Smith stated that a plow was not purchased to his knowledge.

Trustee Hanson stated that with the purchase of this plow that only the current conditions are being met, not any new subdivisions that will have to be plowed in the future.

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

Back Hoe Bid Authorization Request – Trustee Hanson stated that the request to go out to bid for this piece of equipment was also discussed in committee. He then made a motion to authorize Public Works to go out to bid for a Backhoe. Trustee Larson seconded the motion.

Trustee Pierce stated that the same thing would apply for this piece of equipment related to funding.

Trustee Turner stated that 300 hours are put on the vehicles annually and asked how many hours are on each vehicle. Superintendent Smith stated that there are 3,769 hours on #11 and 3958 hours on the newer backhoe.

Trustee Turner asked if purchasing a used vehicle has ever been considered. Superintendent Smith stated that he’s never looked into purchasing used.

Trustee Hanson stated that it is a good idea if it makes sense for the piece of equipment.

Trustee Larson stated that if a used piece of equipment could be located that is in fairly reliable condition it would warrant investigating, in addition to going out to bid for a new piece of equipment.

Trustee Hanson asked how that would work with the bid process. Attorney Long stated that if a piece of equipment was located that the Board decided on it would just take a 2/3 vote to override the bidding process. Trustee Hanson stated that an auction wouldn’t really be possible. Attorney Long stated that it would only work if authorization to spend up to a certain amount was delegated to a staff member but that he doesn’t really recommend doing that.

Trustee Turner stated that she was thinking of a used piece through a dealer.

Superintendent Smith asked if in the bidding process it could say new or used. Attorney Long stated that was what he was going to recommend to see what market is out there.

Trustee Hanson asked if this should also be done for the Dump Truck and Trustee Turner stated she didn’t think so since a Dump Truck will get more use and should be new.

Trustee Larson amended her second and Trustee Hanson amended his motion to include going out to bid for a new or used Backhoe.

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

Trustee Hanson stated that the request to go out to bid for the 4X2 and the 4X4 Trucks was removed until the Village is in a better financial state.

Other Business – Trustee Pierce stated that there was an article in today’s Gilbert Daily Herald regarding train noise and possible alternatives. He stated that he wanted the Mayor to know so that he could notify Mr. Knutsen.

PARKS AND LICENSE Raffle License –Trustee Larson made a motion to issue a raffle license to the Antioch Jr. Women’s Club for January 1, 2005 – March 5, 2005, waiving fee. 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

Park Rental Fees – Trustee Larson stated that the park rental fees have not been increased since 1997 and at the last Park Board meeting a recommendation to increase fees was made. She stated that some of the increases are due to the fact that a Public Works employee has to do set up or take down. She then made a motion to increase the park rental fees as per the Park Board recommendation. Trustee Turner seconded the motion.

Trustee Pierce asked why non-residents are not charged more than residents. Trustee Larson stated that at some point in the future the Park Board might address that but at this time they wanted to at least implement an increase.

Trustee Porch asked why a deposit isn’t need for the pool or alcohol permits. Trustee Larson stated that she is not certain but that there has never been. She stated that someone is always at the pool if it is being rented which should keep anyone from destroying anything. Trustee Porch stated that the deposit protects the Village from hardship. Trustee Larson stated that the alcohol permit is in conjunction with another rental fee and that you wouldn’t require a second deposit. Trustee Porch stated that she disagrees since if alcohol is involved there is more of a potential for something being destroyed. Trustee Larson stated that she will take it back to the Park Board but that they would like to have something in effect for January 1, 2005 when rentals start. Trustee Porch asked if there would be a problem adding this later.

Park Board Chairman Leinhardt stated that if the rental fees are passed tonight that they could be amended after the Park Board meeting in January. Trustee Larson stated she would make sure the concerns were discussed at the January Park Board Meeting.

Newsletter Policy – Trustee Larson stated that this was discussed in committee and a recommendation was made. Trustee Larson made a motion to accept the final draft as policy. Trustee Porch seconded the motion.

Trustee Hanson stated that the old and new version are mostly identical except that the new version does not have any protection for the Editor. Trustee Larson stated that the intention was to not put the Editor in jeopardy. The intention was to take politics out of the Newsletter. She stated that if any Trustee has a problem wit the Editor that it should be dealt with through the Administrator, the normal chain of command.

Trustee Hanson stated that something should be included to protect he Editor in case the thought behind the reason changes. Trustee Larson stated that section E provides some structure and that if the Editor follows procedure then he or she should not be criticized.

Mayor Maravelas asked Attorney Long for his input. Attorney Long stated that the only substantive changes from his draft and this one was language to protect the Editor from being removed without the supermajority of the Board and the language that the Editor not be publicly criticized. He stated the idea was to make sure staff was as comfortable as possible being the Editor.

Mayor Maravelas stated that based on the way this is currently written that the Editor could be fired by the Board.

Trustee Larson stated that it is part of the job description and if the job is done correctly they are protected.

Attorney Long stated that he doesn’t see any protection built into this policy. Trustee Turner asked if there is protection built into any job in the Village. Attorney Long stated that there isn’t but the difference is that this job has editorial control over the words of the elected officials.

Trustee Larson stated that this is done because this is the only administration where the Mayor is writing a letter and that it was never done in the past because it was considered political. She stated that they want to protect this person so that he is not criticized for what is in the Newsletter.

Trustee Caulfield suggested that it is not for protection but rather political to keep the Mayor from communicating with citizens. Trustee Larson stated that the committee that recommended the Newsletter policy could have recommended to not allow the Mayor to continue writing his letter if they had wanted but they felt the Mayor does have the right to communicate with the citizens. Trustee Caulfield disagreed, stating it will be allowed only as long as the Editor and the majority of the Board approve of the Mayor’s letter. Trustee Larson stated it is necessary so that it does not turn into a political platform.

There was more discussion about the Mayor having the right to communicate to the citizens through the Newsletter. Trustee Pierce called the question.

Trustee Porch asked where in the policy the protection isn’t being provided. Attorney read the statement that provides protection from the draft policy. Trustee Porch stated that any Editor should be somewhat responsible for what appears in the Newsletter. She asked what else Attorney Long is talking about. Attorney Long read section J. Trustee Porch stated that policy can be changed if necessary.

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

YES: 4: Pierce, Larson, Porch and Turner
NO: 2: Caulfield and Hanson
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

Facility Usage Contract – Trustee Larson stated that the facility usage contract is a contract between the Village and the different sports organizations. She stated that Director Stahl worked with Attorney Long to create the contract and that it includes information about insurance, members, etc. She then made a motion to adopt the Facility Usage Contract. Trustee Turner seconded the motion.

Trustee Turner stated that she thought that a copy of the organizations by-laws must be provided to ensure that they are not in opposition to the contract. Trustee Turner stated that she thought it was necessary to ensure that they don’t keep a first offense to themselves. She stated that their by-laws should be as strong as the language in the contact.

Mayor Maravelas asked for clarification on the types of drugs included and asked if cigarettes were included. Attorney Long stated that the section that Trustee Turner is referring to pertains to scheduled substances and that there is a different section that prohibits smoking.

Trustee Larson stated that she thought that Trustees Turner’s concern is that an organization might allow a first offense and not take action until the second offense and that does not match the Village’s rules.

Trustee Pierce stated that he disagrees and that a copy of the by-laws aren’t needed because it would be too difficult to look through all of the by-laws and that instead #27 should state that no organization’s by-laws will supercede the Villages. Attorney Long stated that is a better suggestion since it would be very difficult to look through the by-laws since some of the organizations are national organizations.

Trustee Turner amended her second and Trustee Larson amended her motion to include that change.

Trustee Porch asked for the definition of scheduled substances. Attorney Long stated that it is a federal schedule which state the drugs that are and are not prohibited.

Trustee Hanson stated that #5 states no smoking on Village property and asked how it will be enforced. Attorney Long stated this is an existing rule.

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

Park Impact Fees – Trustee Larson stated that this was discussed in committee meetings and stated she had questions related to how much is owed to park impact fees from the last seven years. She stated that she is yet to see a document that shows how much money should be in the park impact fees, if it is in the park impact fees and if it is in a restricted account. She stated that the latest information that she received is that there is $810,000.00 in an account that also has the clock tower, the wetlands and two other groups. She stated that didn’t help her and that the Park Board wants to know how much money they have.

Director Steele stated that a memo was placed in the Trustee’s mailbox on Saturday with accounting back to 1996. She stated that there was a discrepancy of $25,000.00 in September but it was reconciled.

Trustee Larson asked how much money is there? Director Steele stated that the line with the double under line is the amount, $801,133.00.

Trustee Pierce asked if that included the $25,000.00 amount. Director Steele stated that it does not include the $25,000.00 so it should really be $826,133.00.

Trustee Larson asked how much of that is Neumann money. Administrator Probst stated that they will have an answer in two weeks since Attorney Long is working with Neumann’s attorneys.

Attorney Long stated that they could provide preliminary numbers but that they need to be correlated with Neumann’s numbers. Attorney Long stated that Deercrest has to pay the park impact fees and that collected to date is $321,474.44 and Clublands is exempt from a cash donation since they are dedicating land. He also stated that they need to talk to Neumann because there was a combined error by Village Staff and Neumann, who kept paying impact fee money. He stated to date the amount collected for Clublands is $287,209.78.

Trustee Larson stated that she is assuming impact fees for Clublands will no longer be collected. Attorney Long stated that they stopped as of last week.

There was discussion about when there would be a definitive answer.

Trustee Pierce asked if they are going to ask Neumann to waive the amount owed. Attorney Long stated that he has already asked and that is why Neumann wants to meet.

Chairman Leinhardt stated that he is confused why this can’t just be looked up and what’s going to keep this from happening again. He also asked if the money is owed to the homeowners. Attorney Long stated that the money is not owed to the homeowners because Neumann is the one purchasing the permits.

Chairman Leinhardt stated that from month to month the numbers are different and asked why. Attorney Long stated that is because they get projections. Trustee Larson stated that she begs to differ because Senior Planner Sakas provides a report monthly with collected park impact fees.

Trustee Hanson stated that Director Steele is working on this and stated that he would hate to see where the Village would be at if the Village didn’t have someone of her caliber.

Director Steele stated that the Village’s financial records and the financial report for the fiscal year 2003 is still pending and the auditor stated that it may be disclaimed, which is very serious. She stated that an outside firm came in to get the records together for fiscal year 2004 and they used Microsoft Excel software because the finance software isn’t reliable. She also stated that Excel is not designed to summarize information and they are working very hard to give the information but that they will need everyone’s patience.

ENGINEERING AND SENIOR SERVICES PACE Transit Discussion – Trustee Pierce stated that a copy of an e-mail was distributed to all of the Trustees about the difficulties her handicapped son faces. He asked that this be discussed at the next Board meeting.

Administrator Probst stated that Economic Development Director Liebson and Senior Coordinator Howard have been working on this and there are options available and should have better answers next month after meeting with PACE.

Director Liebson stated that PACE is aware of the problems and will be holding meetings starting in January to discuss the problems and possible solutions. He stated that he is on the mailing list for the meetings and will inform the Board when he is notified.

Director Liebson stated that there is some discussion at the Township level about getting a van but that it is still in the preliminary stages. He also stated that he has looked into the Village getting a van but there is more than just the initial cost to think of.

Trustee Porch asked when PACE is expecting to implement solutions. Director Liebson stated that the transportation field can sometimes take years to implement solutions and that he doesn’t want to try and put a date on it.

IL Route 173 Traffic Report – Trustee Pierce stated that a copy of IL Route 173 reports were distributed to everyone today, which details the accidents where the Police have been called to the accident and 88 that have been reported at the Police Department. He stated that these numbers are before Wal-Mart or Neumann. He also stated that an application needs to be filed for a light at IL Route 173 and Savage Road and that the Village Board should write a letter to the Governor about getting something done on IL Route 173.

Administrator Probst stated that approval to put the light in has been received.

Trustee Larson asked for an update by the next meeting of when the light will be going in.

Other Business – Trustee Pierce stated that the Senior Council has a few requests for the finished project including a railing and steps on the patio. He also stated that the Senior Center is having a party on December 22, 2004 and would like everyone to attend.

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

Administrator Probst stated that he conducted interviews, with Tim Hartnett of Smith Engineering, and that the two individuals interviewed were both equally qualified and that he will be checking references and provide a recommendation soon.

ATTORNEY PZB 04-20 Ordinance – Attorney Long stated that this is the second reading of the ordinance and that a few corrections need to be made. He read the ordinance with the corrections.

Director Silhan suggested that on the 3rd whereas on page 2 that the hearing be changed to meeting.

Trustee Hanson made a motion, seconded by Trustee Caulfield to approve and publish in pamphlet form an ordinance, entitled ORDINANCE APPROVING THE PRELIMINARY PLAT FOR DEER LAKE RIDGE SUBDIVISION, PZB04-20: First Read November 15, 2004.

Trustee Turner asked if the density would change. Attorney Long stated that it won’t change unless they change it to less than 26 lots. He also stated that this is our recommendation to the county.

Trustee Pierce stated that he encourages the Board to vote no and let the County decide how they want the county to be.

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

Ordinance 04-12-38 – Attorney Long read the ordinance.

Trustee Pierce made a motion, seconded by Trustee Larson to waive the second reading and approve and publish in pamphlet form an ordinance 04-12-38, entitled ORDINANCE APPROVING A PLAT AMENDMENT FOR LOTS 44 AND 45 IN THE WOODS OF ANTIOCH, AND A SIDE YARD VARIANCE FOR SAID LOT 45, PZB 04-12.

Mayor Maravelas asked Trustee Turner if it is a conflict of interest for her to vote on this since her husband works for KLM. Trustee Turner stated it isn’t because her husband does not work for KLM.

Executive Session – A motion was made by Trustee Porch for the Mayor and the Board of Trustees to move into executive session, at 10:05 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 Caulfield made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 11:00 pm, with no action having been 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 Hanson to adjourn the regular meeting of the Board of Trustees at 11:01 pm.
 
Respectfully submitted,

__________________________
Amy S. Monroe, Village Clerk

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