| CALL TO ORDER | Mayor Maravelas called the regular meeting of the Board of Trustees to order at 6:40 pm in the Municipal Building: 874 Main Street, Antioch, IL. | ||||||||||||
| ROLL CALL | Roll call indicated the following Trustees were present: Pierce, Larson, Porch and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe. Absent were Trustees Caulfield and Hanson. | ||||||||||||
| Executive Session |
A motion was made by Trustee Porch for the Mayor and the Board of Trustees to move into executive session, at 6:41 pm. Trustee Larson seconded the motion. On roll call, the vote was: YES: 4: Pierce, Larson, Porch and Turner Trustee Hanson arrived at 7:25 pm. |
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| Return |
Trustee Pierce made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 7:27pm, with no action having been taken. Trustee Hanson seconded the motion. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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VILLAGE OF ANTIOCH
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| CALL TO ORDER | Mayor Maravelas called the public hearing regarding the tax levy ordinance to order at 7:30 p.m. in the Municipal Building: 874 Main Street, Antioch, IL. | ||||||||||||
| ROLL CALL | Roll call indicated the following Trustees were present: Pierce, Larson, Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe. Absent was Trustee Caulfield. | ||||||||||||
| PUBLIC NOTICE | Clerk Monroe read aloud the published public notice regarding the proposed property tax increase for the Village of Antioch. | ||||||||||||
| PUBLIC COMMENT |
Clerk Monroe administered the Oath to those who wished to testify. Robert Kaiser – Robert Kaiser, of 334 Hazelwood Drive, read the following: My name is Robert Kaiser and I live at 334 Hazelwood Drive in Antioch. For the record I am also a candidate for election to this board as Village Trustee. At the last meeting of the Village Board held on December 6, 2004, I was in attendance and was given a copy of the Notice of Proposed Property Tax Increase for the Village of Antioch. I was shocked to see that this administration has plans to increase the corporate and special use tax levy 18.538% over the tax levy from last year. The accompanying support documentation presented to the public indicated that the actual corporate tax extended for last year was $1,745,681.96 and the corresponding levy for this year is $2,074,041. That is a $324,359.04 increase in one year. A review of the Tax levy ordinance for 2001,2002 and 2003 shows a total increase of $299,500.00 for those years combined. Last year alone the increase was $88,590 and this year it will be $324,359.04. At the Village Board meeting when the budget was discussed, the Village Administrator projected well over $1,000,000.00 in additional sales tax revenue from the new commercial area at Rte. 173 and Deep Lake Road. Couldn’t some of this new revenue be used to ease the tax burden on the Village residents? Now, as to the Debt service Tax levy. I can only hope that an error has been made in the calculations, as a 173.6% increase from the previous year is outrageous. Once again the accompanying documentation that was distributed at the last meeting indicates that this administration intends to actually levy the tax for the 2002B Alternate Revenue refunding bonds instead of abating them as has been the practice for all Alternate Revenue Bonds that the Village has ever issued. The Bond Ordinance states that: “As provided in the Reform Act, whenever the respective Pledged Revenues will have been determined by the Board to provide in any calendar year an amount not less than debt service of the respective outstanding Bonds I the next succeeding Bond Year (December 1 and June 1), the Village Treasurer will, prior to the time the Pledged Taxes levied in such calendar year are extended, direct the abatement to the Pledged Taxes, and proper notification of such abatement will be filed with the County Clerk in a timely manner to effect such abatement. I have been attending these meetings for almost a year now and I do not remember that the board made a determination that the pledged revenues were sufficient or not sufficient to pay the bonds. And in fact we are talking about $178,325.00. Once again the additional sales tax revenues could easily pay for this indebtedness. I also find that in reading the ordinance that the levy of such taxes is exempt from the PROPERTY TAX EXTENSION LIMITATION LAW, which is commonly know as the 5% tax cap law. Is that administration trying to circumvent the tax cap law, which was passed to provide property tax relief to the citizens? I would ask what this proposed action will do the future bonding ability of the Village, and are you concerned that tax objections may be filed because of it? I urge you to think long and hard about the long-term ramifications of levying a tax on an alternate revenue bond instated of abating the tax. Pay for the Bonds from the pledged revenues available to you as stated in the following language found on page 3 of the ordinance. “The Series 2002B Bonds are payable from the collections of those taxes imposed by the State of Illinois pursuant to the Motor Fuel Tax Law of the State of Illinois, the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailer’s Occupation Tax Act, each as supplemented and amended from time to time, or substitute taxes therefore as provided by the State of Illinois in the future together with such other funds of the Village as may be necessary and on hand from time to time and lawfully available for such purpose.” Mr. Kaiser stated that he had a few other thoughts that he didn’t include in the letter. He stated that in recent meetings there has been discussion about correcting a $3,000,000.00 accounting error, paid back the Dolly Spiering funds, there was supposed to be an additional $1,000,000.00 of sales tax from Wal-Mart and asked why property taxes are being raised to pay for other stuff. He stated that he wonders if there is something that the Board and citizens don’t know about the financial condition. He stated that raising the taxes sends the message that the Village is in financial trouble, which contradicts what this administration has been saying for the last few months. Terry Kloster – Terry Kloster, of 40 Van Dyke Drive, thanked the Board for the honor of addressing them and read the following: I have been a resident of Antioch for 15 years; previously I lived in McHenry, which incidentally is where I have been employed for 24 years. My wife’s employer is in Chicago and she utilizes Antioch Metra to commute to Union Station each day. With that said; neither of us live close to our employers, both of us love Antioch which is why we moved here. Antioch is a great place to live, raise a family, and the downtown is the shining star of Lake County, and frankly is what much of America use to look like. The Village’s Finances Here’s an analogy to consider: If you gave your child $100, and a week later your child asks for $50 more. Your child can’t remember what the original $100 was spent on because he or she lost the receipts. Would you give the additional $50 or ask for proof as to what, where, and how the money was spent before dishing out more? I heard trustee Larson specifically ask: How much money is in the park’s fund? Answer something like 500K give or take we’re not sure the accounting is not complete. Trisha Steele has done a great job and I commend her for the efforts of her team. But Trisha readily admits there is a lot more ahead to get the records in order. The Water Tower on Toft Roads Exhibit 2: For Bob Long (your drive to and from the Village Hall) I can tell you that this was not always the case in the village of Antioch; of my 15 years of residency many happy years were spent motoring on good asphalt. Snow Removal At the last meeting I attended: Trustee Hanson recommended that each board member take a ride in one of our relict trucks. Did anyone give take him up on it? Some trustees asked if a new truck would mean selling the old? Please keep the old relic to plow Windmill Creek subdivision. Speaking of trucks: Neumann Homes donated a SUV to the Antioch Police Department and that was a kind gesture on their behalf. The Antioch Police Department deserves this and more, they have a tough job to do and are on duty 24/7 for the safety of all village residents. A job well done thanks to Chuck Fagan and his team! Now it seems some non-police personnel must have one, not a small one but a big expensive one to haul around all of that gear? It’s amazing how these things can snowball! New Tax Base Commercial development does not add students into the public school system and from that respect is a godsend. Honorable Board Members, Wal-Mart looks to be very busy, and the proposed Menard’s will surely do a fair amount of business. Additionally, the out lot merchants associated with the GLP development(s) will add to village coffers. Residential Horizons Summary Get the books in order, document commercial tax revenue gained, present an action plan relative to infrastructure improvement, and schedule a new disclosure meeting with residents. Have a comprehensive plan as to then allocation of additional tax revenue. I would be happy to pay my fair share if the board can present proof it’s needed.
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| STAFF COMMENT |
Finance Director Steele stated that she handed out two handouts and that she hopes to address the issues that were raised, since they are important concerns. Director Steele asked the Trustees to think about the information in terms of three steps. She stated that the County asks the Village to consider what the levy should be for the General and Special Purposes, which are on page one of the hand out. She stated that these are the items that are taxed. She stated that one of the concerns raised relates to the dollar amount difference and stated that the Village has had a 10.7% increase in new construction and to talk about the dollar increase as if it is going to be shared by the prior property owners is not exactly accurate. She stated that another 24.8 million dollars of EAV needs to be added and spread around amongst all of the property owners. Director Steele stated that the rate for last year was about $0.75 per $100 of EAV and using the same rate but an expanded EAV is what needs to used to consider the levy. Director Steele stated that the next thing to consider is what should be taxed for debt and stated that it should be considered carefully. She stated that the Public Notice compares what was levied without abatement to what was actually extended with abatement and that it is like comparing apples to oranges. She stated that there is a correction to the amount discussed at the last meeting because the 2004 Water and Sewer Revenue Bond is only a revenue bond not a GO and Alternate Revenue Bond. She stated that when a GO or a GO and Alternate Revenue Bond is filed with the county that the debt payments are levied and if the Board never took any action that tax would be levied against all properties. Director Steele stated the Village has abated, in the past, all bonds that have Alternate Revenue. She stated that she knows that this is controversial but that she is proposing that the Board consider not abating one bond that has sales tax. She also stated that the levy has to be passed this month but that the abatement doesn’t have to be passed until February. Director Steele stated that the question was raised as to how it was done last year, so she looked into it and the levy was passed on December 22, 2003 and the abatement was passed on February 17, 2004. Director Steele stated that the difference when the debt is added to the general purpose for the Village’s portion of the tax rate was .92% last year and it would be increased to .95%. Director Steele stated that the final item for consideration is the abatement for the taxes on the Special Service Areas (SSAs). She stated that when the Village took out the debt to support the SSAs that the levies were adopted for the life of the SSAs. She stated that there is an exhibit in the SSA abatement ordinances, which determines the amount that needs to be abated. Director Steele provided information on how the proposed tax levy would impact an actual tax bill. She also explained how the tax levy relates to what is shown on the actual tax bill. She then provided what the increase would be based on the value of a $250,000.00 home, which is an increase of about $25.00. Director Steele stated that the concerns presented earlier are legitimate concerns and that she has talked to the auditor and she talked to someone at Moody’s. She stated that the auditor is not familiar with communities that have chosen to not abate the Alternate Revenues, but that she did work for a community that needed to do that. Director Steele stated that she is asking the Trustees to consider not abating the one that uses sales tax. She stated that it is the last payment on this bond, it will be one time and it will not affect the Village’s bond rating. She also stated that the Village is improving financially but there have been and may still be unplanned liabilities. She stated that she doesn’t think that the Village has the expected reserves it should, but that ultimately the Trustees need to decide. Mayor Maravelas asked what the current fund balance is. Director Steele stated that the Village has about 70 funds and she is working with the auditor to reduce that to about 7 funds. Based on the fact that there are so many funds it is difficult to know what the fund balance is. Mayor Maravelas responded to Mr. Kloster stating that there has been a road program in place since 2002 for the Village of Antioch. He stated that the problem is that the Village is situated between County and State roads and the Village does not have the ability to repair them. He also stated that the Board approved money to have the water tower removed but with Neumann coming online and the dry summer it was decided that the water tower should remain. He stated that it will be coming down within hopefully the next 6-months. Director Steele stated that she wanted everyone to be aware that David Taussig and Associates have provided reports, related to the levy, for both SSAs, which are on file in the Clerk’s Office. Trustee Larson asked if the letter from Harold Warren, who was the Village’s bond council, was going to be included in the record. She stated that he had some concerns and she would like it to be entered into the record. Director Steele stated that she did provide a memo to the Board related to Mr. Warren’s letter and a letter from the Police Pension Board. She stated that Mr. Warren provided the letter voluntarily. Trustee Larson asked if that meant it was going to be entered into the record. Director Steele stated that Trustee Larson asked for it so it would be. The following is the letter from Harold Warren: Dear Tricia: At this time of year we had provided a form of tax abatement ordinance to the Village to be placed on the agenda for Board action and subsequent filing with the County Clerk. However, we learn that you have this matter in hand and that the abatement of Alternate Bond tax levies will be made. If reference need be made to outstanding bonds of the Village, or any detail relating to these issues, this information can be made available to you over the telephone, or by fax or email upon request. There are as you know six bond issues, the first two are general obligation bonds payable from a property tax, three are alternate bond issues payable from a "pledged revenue" source, and the last is the revenue bond issue, Series 2004 which provided funds for the IEPA mandated sewer repair and replacement program. Although the revenue bond issue and the Alternate Bond issue Series 1998B are both payable from revenue of the waterworks and sewerage system, there is a distinction as to priority of lien on funds to be made available for payment. The revenue bonds are payable from net revenues of the system, after payment of operation and maintenance expense, and accordingly represent a prior or a senior claim to payment over the Series 1998B Alternate Bonds. The Alternate Bonds are payable from the Surplus Account of the Waterworks and Sewer Fund, and thus are subordinate in lien to the revenue bonds. The revenue bond issue was authorized in January 2003 as part of the loan application process to indicate a source of funds for loan repayment. The loan application had been on file for a considerable length of time without assurance of funds becoming available and it then became necessary to issue the revenue bond alternative of part of the authorized amount in order to pay project cost then under contract. The combined total of property tax subject to abatement for each issue of the Alternate Bonds issues is as follows:
We note however, following our meeting at the Village Hall with you and Alan that the tax levy required for the Series 2002B bonds, the Orchard Street refunding bonds, is not to be abated, but rather this tax is to be extended as an additional item in the proposed tax levy. As a rule, when Alternate Bonds are issued, voters are provided with information that no additional property tax cost will be required and that the proposed improvement program will be paid from the pledged revenue source. In the case of the Orchard Street extension to Depot Street motor fuel tax fund receipts and sales tax revenues were both designated as a source of funds for bond payment. The extension of a property tax will not only be contrary to that pledge for bond payment, but also not consistent with the amount of funds presently available for payment. The percentage of sales tax revenue required for bond payment in 1991 required perhaps 20% of sales tax revenues which was a sizeable commitment at that time compared to perhaps less than 8% of sales tax revenues required at this time for the final payment to be made December 2005. We would be concerned that tax objections may be filed by large corporate or landowner taxpayers to the extension of a tax on Alternate Bonds, which are adequately secured from the pledged revenue source. Alternate Bonds are held in high regard in the marketplace as having the double barreled provision for a revenue source for bond payment with the backup security of a property tax, however, it is expected by bondholders that covenants contained in the bond ordinance as to the security of the bonds and manner of payment will be maintained. Once Alternate Bonds are paid from a property tax, the debt obligation is then counted within the statutory debt limit calculation of the Village. This note in audit reports of the Village would signal to the marketplace and bondholders that the bonds are no longer supported and paid from the pledged revenue source. The Village has been assigned an A-2 bond rating in 2002 based upon financial data submitted at the time and reports have been prepared by the undersigned in each of the Alternate Bond issue financings to evidence that revenues in payment of each issue would be sufficient to support bond payments as they become due. These reports were an important component indicating compliance with the statute enabling such bonds to be issued. In the water and sewer rate studies prepared preliminary to the new rates established as of May 1, 2004, provision has been made in the rate structure for the additional funds, which may be required for future wastewater treatment plant expansion. This projection of revenues for any future financing consists of all revenues derived in the operation of the system, which includes water and sewer connections fees, water meter charges, permit fees, plumbing charges, and interest income. We would like to receive statements of operation from time to time as well as the annual audit report, which show revenues, and expenditures of the system in order to compare these operating statements with projections that have been made. Although these additional funds in the tax levy may be necessary to construct a balanced budget, the consequences of Board action to extend a tax for payment of Alternate Revenue Bonds may prove to be negative in terms of responsibility to voters, the possible opening for tax objection, the provision and manner of payment contained in bond ordinances upon which bondholders rely and the information necessary to be indicated in audit reports which could affect marketing and pricing of future bond issues. In addition to the repair or replacement of an aging infrastructure, the Village must plan for new and necessary facilities in future years which include a new municipal building, a community recreation building and park programming, additional water supply and storage facilities, and with this considerable amount of funding required, it should be necessary at present to plan and develop a long range capital improvement program to project as a starting point the revenue and the amounts that these new programs will require in each of the years (2005 to 2025) in order that construction can begin when needed and while costs are known and financing terms are favorable. If we can be of assistance to you and the Board in these matters, please let us know.
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| CLOSE HEARING |
There being no further discussion, a motion was made by Trustee Pierce, seconded by Trustee Porch to close the public hearing regarding the tax levy ordinance at 8:14 pm. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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VILLAGE OF ANTIOCH
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| CALL TO ORDER | Mayor Maravelas called the regular meeting of the Board of Trustees to order at 8:15 pm in the Municipal Building: 874 Main Street, Antioch, IL. | ||||||||||||
| ROLL CALL | Roll call indicated the following Trustees were present: Pierce, Larson, Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe. Absent was Trustee Caulfield | ||||||||||||
| APPROVE BALANCE OF AGENDA | Trustee Hanson asked that the Oath of Officer be moved before the minutes. Trustee Pierce asked that the PACE Transportation Meeting Discussion be moved before the report for Planning, Zoning and Building. Trustee Porch made a motion to approve the balance of the agenda for the December 20, 2004 Board of Trustees Meeting. Trustee Hanson seconded the motion. Trustee Turner stated that she had a change as well and asked that the request for authorization to contact dealers for purchase of a program vehicle be moved under the report for Finance and Administrator. Trustee Hanson amended his second and Trustee Porch amended her motion to include Trustee Turner’s changes. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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| MAYOR | Oath of Office – Clerk Monroe administered the Oath of Office to Officer Darrin Leith. Mayor Maravelas and the Trustees welcomed and congratulated Officer Leith. |
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| MINUTES 12/06/2004 | Trustee Hanson, seconded by Trustee Pierce, made a motion to approve the minutes from the December 06, 2004 meeting with the following corrections: • On page 2: Add Mr. Crosby knew that after that. On roll call the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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| BIDS | Trustee Hanson made a motion, seconded by Trustee Pierce, to accept the Emergency Management Vehicle Bids into record. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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| CITIZENS |
Connie and Devin Nance – Connie Nance stated that she is the proud parent of Devin Nance and she is a single parent with two other children. She stated that Devin has been taught that he is no different than anyone else, she stated that he may do things differently but that her expectations of her are no different than that of her other children.
Ms. Nance stated that part of being a responsible adult and raising a responsible child is making sure that they, after high school, earn a living and contribute to their community in a positive way. She stated that this is Devin’s sole desire and it is why they are addressing the Board tonight. Ms. Nance stated that Devin enjoys his work at Target but has had to take a leave of absence because she is no longer able to take him to and from work. She stated that he needs to have the ability to get to work and back daily and that requires the PACE bus service. She also stated that she has done a lot of research and only the Board can make this happen. She stated that when a conveyance, for individuals with disabilities, is linked to a senior center it makes it very difficult. Ms. Nance asked the Mayor and the Trustees to help support all the Devins out there. Mayor Maravelas stated that the Village Administrator has already started looking into PACE bus service. KC Dieck– KC Dieck, of 1185 Main Street, stated that she is the owner and operator of Main Street Frozen Custard and that on December 7, 2004 Public Works employees, on the direction of a Trustee, took signs out of her yard. Ms. Dieck showed pictures of other signs within 200 feet of the signs that were removed. She stated that it would have been more economical to call her and ask her to move the signs out of the parkway. Ms. Dieck stated that she feels that she was targeted and that it was harassment. She stated that Trustee Hanson called her and stated that it was done because Trustee Porch stated something about a Wal-Mart and that she is not involved in the politics and does not want to be. Trustee Larson asked if anyone from Public Works indicated to Trustee Hanson, the chairman of the committee, why the signs were removed. Trustee Hanson stated that this stems from a few months ago when the duty person was instructed to remove signs from the right of way after the increase of developer signs. Ms. Dieck stated that she wants to know who instructed Public Works to remove the sign and why. Administrator Probst stated that he would discuss this at the next staff meeting and ensure that everyone is treated fairly regarding signs. Trustee Larson asked that Administrator Probst also inquire which Trustee requested that the signs be removed. Jim Sheehan – Jim Sheehan, of 22723 W. Silver Lake, stated that he supports delaying the Menards decision due to his concern with storm water runoff and flooding. He stated that in June of 2000 there was a rain event that almost caused flooding because of failing storm water detention. He stated that at that time he and others from Little Silver Lake met with individuals from the Village, SMC and the EPA and that they have been working on the situation since then. He also stated that as far as he is concerned very little has been done to correct that problem let alone add additional storm water detention. Mr. Sheehan stated that in conclusion that he does support delaying the decision and that he would like to sit down with the Village Engineer to discuss his concerns. Mayor Maravelas stated that Mr. Sheehan would have no problem with the development if it meets his needs. Mr. Sheehan stated that he would like to see retention versus detention. He also stated that part of the problem from 2000 was that the detention ponds failed and ran down to Little Silver Lake. Ed Dominiak – Ed Dominiak, of 22553 W Silver Lake Avenue, stated that he sees on the agenda that there is a report concerning GLP Phase 2. He stated that in November it was stated that action would not be taken until January and that he recommends that still be the case and that a vote not be taken tonight. Nicki Beisel – Nicki Beisel, of 22595 W. Silver Lake Avenue, stated that she previously had three questions and that she now has more. She stated that she wants to know how much it will cost for GLP to design and build a system that would met the Village Engineers recommendation of 20 milligrams per liter of Total Suspended Solids TSS). She also asked what the cost would represent to the total design of the project. Ms. Beisel also asked what it would cost to design and build a system that would met the proposed strom water ordinance, which is 120% of the TSS in Little Silver Lake. |
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| ENGINEERING AND SENIOR SERVICES |
PACE Transit Discussion – Trustee Pierce asked Economic Development Director Liebson to provide an update.
Director Liebson stated that he has had a few conversations with PACE and that they will have invited representatives from municipalities in Lake County to a meeting on January 6, 2005 regarding issues concerning senior citizens, disabled individuals, low income families and other segments of the general population. He stated that he asked about it being a public meeting and they stated that they don’t have the room but that they would be more than willing to have another meeting with the Village. Trustee Larson asked if Director Liebson will be attending the meeting. Director Liebson responded that he will be in attendance. Trustee Larson asked if Trustee Pierce will be in attendance. Trustee Pierce stated that he will be attending. Trustee Pierce requested that a separate meeting be held as a Committee of the Whole meeting and also include county and state representatives. |
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| PLANNING, ZONING AND BUILDING |
Great Lakes Principals Phase 1 – Trustee Turner asked representatives of GLP to provide an update.
Tim Barrett, of Great Lakes Principals, asked Gene Porto, also of Great Lakes Principals, to provide an update on the road construction and the sanitary sewer extension. Mr. Porto stated that the Village has reported that they are close to obtaining the rights of way needed and that after the first of the year they will be in control of the rights of way. He stated that GLP is prepared to do this as a winter project and that in the meantime the temporary system is working and running well. There was discussion regarding the time frame to obtain the final easement. Mr. Porto stated that as for the road improvements Manhard Consulting had asked for temporary striping on Deep Lake Road but that the county denied the request. Trustee Pierce stated that the construction triangles at the Deep Lake Road entrance block the view and that would be a simple change that could improve exiting onto Deep Lake Road. Mr. Porto stated that GLP provided correspondence late on Friday regarding the use of salt. He stated that he and the property manager met with the Wal-Mart manager and the snow removal contractor to reaffirm that the use of salt is not allowed. He did state that CMA looks like salt and is spread like salt. He also stated that some salt is kept on hand for sidewalks and that they have personally monitored to make sure salt isn’t being used for more than the sidewalks. Attorney Long verified that GLP has to report back to the IEPA regarding sodium usage. Mr. Porto stated that they do and that the contractor has to keep a log of usage. Mr. Porto stated that another question had been raised about sweeping the parking lot. He stated that they had pledged to sweep at a minimum of four times a week but that they have been sweeping seven days a week. He stated that it will be cut back in the spring time when the CMA isn’t being used any longer. Trustee Pierce stated that there were three accidents with TSS in Phase 1 and asked what the TSS is now that construction is complete. Mr. Porto stated that the pond is not filled so that right now they are in a collection process. He asked Tracy Richards, from Manhard Consultants, to elaborate. Mr. Richards stated that in order for the site to be fully functional the vegetation has to mature but that it has been planted. Village Engineer Consultant Calderella stated that the site was tested on December 8, 2004 and the TSS level was 3.1 milligrams per liter and 46.2 milligrams per liter of chloride. Great Lakes Principals Phase 2 – Trustee Turner stated that there was a positive recommendation from the Planning and Zoning Board and that this item was on the agenda in November and that there were some concerns from a few of the Trustees relating to Sequoit Creek, which were discussed at a committee meeting. She also stated that Director Silhan specified seven conditions, which needed to be met before final plat and asked Director Silhan to go over the conditions. Director Silhan stated that he does not have his report but that he did recommend that it be approved with the conditions and that there would not be any construction activity occur until GLP comes back before the Planning and Zoning Board and the Board of Trustees with the final plat. He also stated that the final plat shouldn’t be approved until the conditions are met. Trustee Turner stated that GLP agreed to join in the funding of the Sequoit Creek study. Mr. Barrett stated that is correct. Trustee Turner made a motion to approve GLP Phase 2, PZB 04-18 and contingent on aforementioned conditions. Trustee Larson seconded the motion. Trustee Pierce asked Director Silhan to retrieve the report detailing the seven conditions. The Board of Trustees recessed at 9:00 pm and reconvened at 9:07 pm. Trustee Larson asked Director Silhan to read the conditions. Director Silhan stated that he is requesting a change to his first condition because the way it currently reads could be a catch 22. He stated that he would like the change to be as follows: “No final plat of subdivision for Phase Two shall be submitted or considered for approval until such time as the Phase One final sanitary sewer and final roadway improvements are installed and approved. He then read the remainder of the conditions. Trustee Porch asked GLP to respond to the questions that Ms. Beisel previously asked. Mr. Porto stated that questions were asked to GLP at a previous meeting and that they requested the questions in writing and received them and that he would like to have Linda Huff of Huff & Huff respond. Ms. Huff stated that the three questions asked were:
Ms. Huff responded with the following: First, I would like to re-visit the meaning of the 31 pounds per year and the discharge pattern. Storm water runoff from the Menards Phase II Site does not discharge directly into Little Silver Lake. Water from the detention basin outlets to a 400-foot swale prior to leaving the property and then flows over 1,000 feet prior to reaching Little Silver Lake. The 31 pounds of suspended solids per year represents the contribution of both Phase I and Phase II. Therefore, the actual contribution from the Menard’s (Phase II) property is slightly less than 15 pounds per year. The 15 pounds per year loading was established using the same model J.F. New utilized in the Little Silver lake watershed report. This model, L-THIA, was developed by Purdue University utilizing a board base of information regarding storm water quality. According to this analysis, the current site (agricultural and residential) contribution to TSS is 121 pounds per year. After the implementation of all the proposed Best Management Practices (BMPs), the Phase II project will discharge approximately 15 pounds per year of Total Suspended Solids (TSS). These BMPs are expected to reduce the existing TSS loading by 78 per cent. The reduction is achieved by using both measures that prevent the sediment from reaching the detention basin as well as sediment removal in the detention basin. We need to recognize that concentration, although important, is only one component of the overall impact. The reduction of the total suspended solids loading that occurs as this land is converted from agricultural to commercial land use with BMPs is beneficial to the lake. As shown in the J.F. New report, as agricultural land has been taken out of use, the total suspended solids loading in the watershed of Little Silver Lake has declined. This is an important factor in maintaining water quality in the watershed. The annual average effluent quality from the Phase II detention basin is anticipated to be less than 10 mg/L as the basin and grass swales prior to discharge will provide substantial removal. The exact concentration in the effluent will vary with season, rainfall events, and rainfall patterns. The L-THIA model uses long term (30 to 50 years) of daily rainfall data to predict an annual average TSS concentration of 56 mg/L in uncontrolled storm water from commercial development. The same model characterized storm water runoff from agricultural lands as 107 mg/L. The detention basin effluent and swales are expected to result in a discharge quality of approximately 5 mg/L on an annual average basis. This value may be less than the proposed WDO: however, the proposed WDO does not clearly specify the proposed TSS value as an average or maximum or the circumstances for collecting or characterizing a sample. Clarification is needed for the specifications of the proposed WDO in order to make a comparison to our discharge. Erosion due to water flow from the detention pond as it leaves the northwest corner of the site is controlled as follows:
Trustee Pierce asked if the information just relayed was before or after construction. Ms. Huff stated that it would be after. Trustee Pierce stated that during construction there would be an increased amount. Ms. Huff stated that it is probable but that it is for a short period of time and it depends on the rain events. Trustee Pierce stated that it goes back to what happened with the Wal-Mart construction and asked if it would be more cost effective to be proactive rather than reactive. Ms. Huff stated that there is a commitment to phased grading. Mr. Richards added that they have agreed during construction to have a 100-year capacity for storm water detention, which was not done with Wal-Mart and not required by the county. Trustee Pierce asked if the detention ponds will be done first. Mr. Porto stated that they will be doing the grading differently for Phase 2 so that they can control it that way. Trustee Pierce asked what would happen to Little Silver Lake if retention ponds were used instead of detention ponds. Mr. Richards stated that detention slowly lets the water leave the site and that retention keeps the water on the site and because of the clay there isn’t the ability to retain. Trustee Porch asked Village Engineer Consultant Calderella if she agreed with what Ms. Huff stated. Ms. Calderella stated that she did agree. Trustee Porch stated that she would like to see #2 from Judy Martini’s letter included as a condition and the fact that GLP will be involved in the funding of the Sequoia Creek study included in the motion. Trustee Hanson asked if there are minutes from the December 9, 2004 committee meeting. Trustee Pierce stated that there has not been another committee meeting since to approve the minutes. Trustee Hanson stated that he was under the impression that this wouldn’t be voted on until the Sequoit Creek Study was completed. He also stated that this should have been done as a committee of the whole meeting rather than a committee meeting. He stated that when you drive on IL Route 173 that there are mounds of dirt and no sewer and asked why this is being rushed. Trustee Larson stated that one of the conditions is that work can’t start until the criteria are met. Trustee Hanson stated that there is less control if approved even with the conditions and that they would have a harder chance if it was brought before a judge. He stated that Phase 1 should be finished first. Mayor Maravelas asked what the big hurry is to get this done. Trustee Turner stated that all of the in’s and out’s have been discussed, that conditions have been set and this isn’t being rushed and that they’re just trying to get the work done. Trustee Hanson called the question. There was not a second so the motion died. Trustee Pierce stated that the lighting at the Wal-Mart site can be seen from a long ways away and asked if some kind of shielding could be put on. Mr. Porto stated that the wrong lighting had been in place until just recently. Trustee Pierce stated that during Phase 1 that the residents were the ones monitoring the problems and asked who would be monitoring this time. Ms. Calderella stated that schedule is being prepared and it will be done by the Village and by Lake County Health. Trustee Pierce asked if the monitoring will include after a big rain fall. Ms. Calderella stated it would. Trustee Pierce stated that as for the Little Silver Lake Study or the Route 173 Corridor Study that he wanted it on the record that GLP agrees to pay their fair share of the study. Mr. Barrett stated that they agree. Trustee Pierce also asked if GLP’s engineers would be willing to work with the Village Engineer regarding the study. Mr. Barrett stated that they would be since GLP has a vested interest. Trustee Porch stated that she would also like to see #3 Judy Martini’s letter to also be a condition. Mr. Barrett stated that GLP is also committed to that. Trustee Pierce asked for the motion to be clarified. Clerk Monroe stated that the motion is to approve GLP Phase 2, PZB 04-18 based on the positive recommendation by the Planning and Zoning Board contingent upon the aforementioned conditions, including GLP funding for the Sequoit Creek Study and solutions and adding Judy Martini’s suggestions for a phased grading plan and greater retention of water on site during construction and a request that Phase 2 storm water discharges be monitored within 24 hours of storm events with precipitation greater than 0.5 inches. Trustee Hanson asked whom the residents of Little Silver Lake will go to if there is a failure in the process. Attorney Long stated that it depends on what happens; he stated that he could see some instances where the Village could be obligated, which doesn’t release GLP, it just involves the Village. Trustee Pierce asked that someone from staff get samples from Little Silver Lake. Ms. Calderella stated that samples are already being taken and that they can’t be saved or the quality of the samples decrease. Trustee Pierce stated that the motion should be to instruct the Attorney to draft the ordinance. Trustee Larson amended her second and Trustee Turner amended her motion. On roll call, the vote was: Mayor Maravelas stated that he wanted to be on record as voting “No” and that it seems to him that Great Lakes Principals has been running the Board and Staff from day one. He stated that there is a sewer that is not on line, which is a problem and the Board doesn’t understand that. Trustee Pierce asked if Mayor Maravelas would rather tax the residents instead of capture sales tax. Trustee Porch stated that she takes offense to the comment that GLP runs the staff. Mayor Maravelas stated that GLP has never come to his office once and that they have gotten other people to do their work. PZB 04-03 – Trustee Turner made a motion to approve the positive recommendation concerning the variance allowing for an 8-foot, 100% opaque fence at the Village’s Hiram Buttrick Memorial Sawmill/Gage Brothers Memorial Park and to instruct the Attorney to draft the ordinance. Trustee Larson seconded the motion. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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| INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS | Trustee Porch stated that she does not have a written report but that she will be calling an Industrial, Retail, Redevelopment, Civic and Communications Committee Meeting for Wednesday, January 12, 2005 at 4:00 pm. | ||||||||||||
| FINANCE AND ADMINISTRATOR |
Treasurer’s Report – Trustee Porch asked Finance Director Steele if the November 2004 Treasurer’s Report is informational. Director Steele stated that it is informational. Trustee Porch asked if it would be possible to have bank statements, showing the November 1, 2004 balance, by the last meeting in January. Director Steele stated that she would invite the Trustees to come into her office to review the bank statements. She stated that the balances are general ledger balances, which are based on disbursements and may not match the bank statements to the penny. Director Steele added that she is assuming that the residents wouldn’t want the Village’s bank statements made public and asked that the Trustees review them in her office. Trustee Larson stated that the bank statements are public, because the money belongs to the Village. Director Steele stated that they are public information but that there is confidential information included. Trustee Larson stated that they don’t need to include the account numbers but that they should include balances. Director Steele asked if the Trustees would like her to provide what she provided before. Trustee Porch stated that she would like the bank statements. Invoices over $10,000 – Trustee Porch made a motion, seconded by Trustee Pierce, to authorize an invoice from Visu-Sewer, in the amount of $69,301.23 for the sewer lining payment #3, an invoice from Security Painting, in the amount of $14,062.00 for the balance of the water tower painting retainage fee, an invoice from Carmichael Construction, in the amount of $26,594.95 for the Senior Center addition, and an invoice from Antioch Firefighters Association, in the amount of $15,736.66 for foreign fire insurance, totaling $125,694.84. Trustee Pierce asked what the payment to Security Painting is for. Director Steele stated that it is the amount that was retained and it has been determined that the job is satisfactorily completed so the retainage is being reimbursed. Trustee Turner left the boardroom. Trustee Pierce asked if the payment listed is the final payment for Carmichael Construction. Director Silhan stated that it is not the last, that there is at least one more. He also stated that there will be a walk through with Smith Engineering and the contractor tomorrow and will likely result in the issuance of a temporary occupancy permit. On roll call, the vote was: Trustee Turner returned to the boardroom. Accounts Payable – Trustee Hanson made a motion to approve the accounts payable in the amount of $187,624.50, as prepared by Village staff. Trustee Pierce seconded the motion. Trustee Pierce questioned if check 41698 to Piggly Wiggly in the amount of $104.76 should be paid, if there are still strikers in front. Mayor Maravelas stated that they are not there any more. Trustee Pierce asked about check 41716 to Tebala Mini-Bikes in the amount of $350.00. Trustee Larson stated that it was for the parade. Trustee Larson asked if the amount for check 41643 to Eagle Engraving in the amount of $1,150.00 is incorrect. Director Steele stated that it is for the Fire Department and is split with the district. Trustee Larson stated that it is still a lot of money and asked that it be removed. Director Steele suggested that the district portion should be approved. Trustee Pierce stated that he would like the entire amount to be pulled and an explanation provided. Trustee Pierce amended his second and Trustee Hanson amended the motion to remove check 41643. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Manual Checks – Trustee Porch made a motion to approve manual checks dated December 20, 2004 for the AP Concentration Account in the amount of $85,060.44. Trustee Larson seconded the motion. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Trustee Porch made a motion to approve manual checks dated December 20, 2004 for the Water & Sewer Account in the amount of $69.46. Trustee Larson seconded the motion. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Payroll – Trustee Porch made a motion to approve payroll in the amount of $187,572.10 for December 17, 2004. Trustee Turner seconded the motion. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Escrow Invoices – Trustee Porch stated that the escrow is informational. Fund Balance Presentation – Director Steele stated she wanted to discuss fund balances and that there is no appropriate amount. She stated that the state recommends four to six months operating expenses, but that each community must decided based on it’s needs. Director Steele stated that there are four basic categories, planned revenues, planned expenses, external factors that impact revenue and expenses and procedural considerations. Director Steele stated that when it comes to planned revenues it has to be determined how reliable and predictable the major revenues are. She stated that levies are predictable but sales tax is not; sales tax is more elastic. Director Steele stated that in terms of planned expenditures, it has to be determined how sensitive the expenditure is to service demand. She gave an example of snow plowing, which is unpredictable and an example of Camp Crayon, which is predictable because of registrations. Director Steele stated that as for external factors, they are represented by state and federal funding and un-funded mandates. Trustee Pierce asked if building permits would be considered elastic revenues. Director Steele stated that they are not as elastic as sales tax but building permits can be affected by the economy. Ordinance 04-12-39 – Attorney Long read the ordinance, explaining the charts that are included. Trustee Porch made a motion, seconded by Trustee Turner, to include abatement for the 2002B in the amount of $178,325.00 and to waive the second reading and approve and publish in pamphlet form an ordinance 04-12-39, entitled AN ORDINANCE PROVIDING FOR THE LEVY OF TAXES FOR THE VILLAGE OF ANTIOCH, LAKE COUNTY, ILLINOIS FOR THE FISCAL YEAR, COMMENCING ON MAY 1, 2004 AND ENDING ON APRIL 30, 2005. Attorney Long stated that the levy has to be passed and then it can be abated. Trustee Turner amended her second and Trustee Porch amended the motion. Trustee Larson asked why some of the items included in last year’s ordinance; the public notice, truth in taxation, etc weren’t included. Director Steele stated that it is presentation style and not mandated but that if the Trustees prefer it could be done that way next year. Trustee Pierce stated that he is going to vote no and he appreciates the attempt to abate the one bond but that even though it’s a small increase, it’s an increase. He stated that if a fund balance needs to be created it should be done by putting a freeze on hiring and expenses, except in the case of emergencies. Trustee Larson stated that she will vote no for the same reason as Trustee Pierce and that she’s gone through the minutes for the last year and that $236,241.99 has been spent on vehicle purchases. She also stated that in the last year that 13 new positions have been created, minus the new officer sworn in tonight and the part-time temporary employee discusses a few meetings ago. Trustee Turner asked if this is not abated but levied if it will show up on every single residents tax bill. Director Steele stated that if the one bond is not abated then it will show up on the taxpayer’s bill. Trustee Hanson asked Trustee Pierce what he wants. Trustee Pierce stated that he wants to have everyone open his or her tax bill and see no increase. Trustee Hanson stated that the Village doesn’t have any control over the assessment and the only way to keep the taxes the same would be to lower the rate. Administrator Probst stated that the Trustees are being asked to approve this ordinance for general operations and that the debt service are taken out through abatement. He stated that if you only go by the general fund items, it could have increased up to 1.9% butt it wasn’t increased at all, which means that if all of the debt is abated, then there will be no increase. Trustee Pierce stated that is not correct because somewhere something is getting increased. Director Steele stated that there was some redistribution but that it was kept to the same rate. On roll call, the vote was: YES: 3: Porch, Hanson and Turner Ordinance 04-12-40 – Attorney Long read the ordinance. Trustee Porch made a motion, seconded by Trustee Pierce, to waive the second reading and approve and publish in pamphlet form an ordinance 04-12-40, entitled AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2004 TO PAY THE PRINCIPAL AND INTEREST ON THE SERIES 1998B $3,000,000 GENERAL OBLIGATION BONDS (WATERWORKS AND SEWAGE REVENUE ALTERNATE SOURCE), DATED OCTOBER 1, 1998 AND SERIES 2002A $2,000,000 GENERAL OBLIGATION BONDS (MOTOR FUEL TAX ALTERNATE REVENUE SOURCE), DATED OCTOBER 1, 2002 AND SERIES 2002B $475,000 GENERAL OBLIGATION REFUNDING BONDS (SALES TAX ALTERNATE REVENUE SOURCE), DATED OCTOBER 7, 2002. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Ordinance 04-12-41– Trustee Porch made a motion, seconded by Trustee Hanson, to waive the first and second reading and approve and publish in pamphlet form an ordinance 04-12-41, entitled ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR VILLAGE OF ANTIOCH SPECIAL SERVICE AREA NUMBER ONE. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Ordinance 04-12-42 – Trustee Porch made a motion, seconded by Trustee Turner, to waive the first and second reading and approve and publish in pamphlet form an ordinance 04-12-42, entitled ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR VILLAGE OF ANTIOCH SPECIAL SERVICE AREA NUMBER TWO. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Other Business – Trustee Porch asked when there will be a midyear review of the budget. Administrator Probst stated that finance staff is reviewing the numbers. Director Steele added that it was being worked on in Excel and that the data was lost so it should be available at the beginning of January. Authorization
to Contact Local Dealers for Possible Purchase of a Program Vehicle – Trustee Turner stated that she would like to table this until probably the meeting after the next so she can get an idea where everything is at with the budget. |
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| PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES |
Officer Probationary Period – Trustee Hanson read a letter from Police Chief Fagan regarding officers that have completed their probationary period. Trustee Hanson then made a motion to move Officers Garcia, Smith, and Wargula from probationary status to full time status. Trustee Porch seconded the motion. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Recommendation for 2005 SUV Emergency Management Vehicle – Trustee Hanson stated that the bid results were accepted into record earlier in the night. Trustee Hanson made a motion to authorize the purchase of a Ford Expedition from Lyons and Ryan in the amount of $27,216.40, which will be paid out of the FY 04/05 and FY 05/06 budgets. There was not a second so the motion died. Trustee Porch made a motion, seconded by Trustee Pierce, to table the purchase of this vehicle until after the budget review. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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| PARKS AND LICENSE | Park Impact Fee Discussion –Trustee Larson stated that she was awaiting information that she did not receive so she does not have anything to report. | ||||||||||||
| ENGINEERING AND SENIOR SERVICES CONT’D | Village Engineer Status – Trustee Pierce asked Administrator Probst
to provide an update. Administrator Probst stated that interviews have
been conducted for several weeks now and that after doing background checks
on the two finalists that it was decided to allow an additional applicant.
After interviewing the new applicant, with the help of the previous Village
Engineer and an Engineer from Smith Engineering, it was decided that he
was the most qualified and the best fit for the Village. He also stated
that his background check was good and his references were good, so based
on guidance in the last executive session and offer was made and the applicant
accepted.
Trustee Pierce made a motion to hire Keith Fujihara as Village Engineer with a starting salary of $75,000.00, three weeks vacation and $2,000.00 in moving expenses. Trustee Hanson seconded the motion. Trustee Porch stated that he has a lot of experience in water treatment and streets but that she didn’t see much with concepts and developers. Administrator Probst stated that Mr. Fujihara was asked about that during the interview and he did have experience. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Senior Center Status – Trustee Pierce stated that this was discussed earlier in the meeting. |
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| ATTORNEY | Ordinance 04-12-43 – Attorney Long read the ordinance. Trustee Pierce made a motion, seconded by Trustee Turner, to waive the second reading and approve and publish in pamphlet form an ordinance 04-12-43, entitled ORDINANCE APPROVING FINAL SUBDIVISION PLAT FOR CLUBLANDS UNIT THREE, PZB 04-15. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Ordinance 04-12-44 –Trustee Turner made a motion, seconded by Trustee Pierce, to waive the first and second reading and approve and publish in pamphlet form an ordinance 04-12-44, entitled ORDINANCE APPROVING A VARIANCE ALLOWING AN 8-FOOT FENCE AT THE HIRAM BUTTRICK MEMORIAL SAWMILL/GAGE BROTHERS MEMORIAL PARK, PZB 04-03. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Resolution 04-34 – Attorney Long read the resolution. Trustee Larson made a motion, seconded by Trustee Pierce, to approve resolution 04-34, entitled A Resolution Approving the Final Settlement of all Remaining Actions and Claims Involving the Acid Spill of February, 2003. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Resolution 04-35 – Attorney Long read the resolution. Trustee Turner made a motion, seconded by Trustee Pierce, to approve resolution 04-35, entitled A Resolution Authorizing the Settlement of Litigation and Purchase of Real Estate. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner Resolution 04-36 – Attorney Long read the resolution. Trustee Turner made a motion, seconded by Trustee Larson, to approve resolution 04-36, entitled A Resolution Regarding the Release and Non-Release of Certain Minutes of Executive Session. On roll call, the vote was: YES: 5: Pierce, Larson, Porch, Hanson and Turner |
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| ADJOURNMENT | A motion was made by Trustee Pierce and seconded by Trustee Hanson to adjourn the regular meeting of the Board of Trustees at 11:13 pm. | ||||||||||||
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Amy S. Monroe, Village Clerk