VILLAGE OF ANTIOCH

BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, Illinois

November 19, 2001
7:30 p.m.

 
CALL TO ORDER The regular meeting of the Board of Trustees was called to order by Mayor Maravelas at 7:30 p.m. in the Antioch Senior Center, 817 Holbek, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Pierce, Caulfield, Porch and Hanson. Also present were Mayor Maravelas, Attorney Anderson and Clerk Rowe. Absent: Trustees Larson and Foresta.
MINUTES A motion was made by Trustee Porch, seconded by Trustee Pierce to approve the minutes from the November 5, 2001 meeting as presented. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
HOLIDAY PARADE Clerk Rowe mentioned that the annual Holiday Parade is scheduled for 6:30 p.m. on November 23. Trustees that plan on participating in the parade should contact her.
CITIZENS Mayor Maravelas asked if there were any citizens wishing to address the Board.
DON SKIDMORE Dr. Don Skidmore, Chairman of the Antioch Redevelopment Commission, stated that at a recent meeting of the Commission, the Commission discussed having auditing the TIF Fund for the last ten years. Dr. Skidmore asked the Village Board to consider auditing the Redevelopment Commission financial standing for a period of the last ten years. Two reasons the commission would like audits are: 1.) The audits that have been done were not based upon cumulative totals, and 2.) The TIF Petition ends in about six years and the commission wants to verify the spending done and allowed. If there are unused monies by the end of the program, that money would be returned to the state. The Board will discuss the request under the Finance Committee.
JOHN HORAN Mr. John Horan, Hillside resident, questioned the recently approved tree ordinance and how this affects the Neumann Homes petition. Attorney Don Anderson stated the tree preservation ordinance is back on the agenda for clarification tonight because there was some confusion as to what new subdivisions and P.U.D.'s it would apply to and what it did not. He will be seeking clarification from the Board as to it's application. With Neumann Homes, the interpretation of the last amendment is that it did not apply to them at all, Attorney Anderson's interpretation clarified by the Board in subsequent discussions, is that it will apply in Final Plat but not to the Preliminary Plat. Mr. Anderson will make sure that is the understanding of the Board.
MARIANNE GUY Ms. Marianne Guy, White Road resident, read her letter regarding the road improvements that Neumann Homes is proposing to do. She referred to the intersections of Rte 173 and Rte 45 and Rte 45 and Miller Road. Ms. Guy also indicated that she has heard that IDOT has no plans to improve Rte 173 or any other road in the area. The only improvement on the their agenda is Rte 45 and Milburn Road for the year 2020. She also discussed her suggested wording for the density lot size amendments and read a letter that was handed to her after the last planning and zoning board's hearing regarding Neumann Homes.

Marianne Guy asked when the planning and zoning board's recommendation regarding Neumann Homes will be on the Village Board agenda. Attorney Anderson stated that his understanding is that the item will be placed on the December 3rd agenda since it was the recommended time by the plan commission, however, he also understands that the Board wishes time to study the recommendation and the underlying information supplied, and that the intent of the Board, this his information, the Board will have the opportunity to do whatever they wish. His understanding is that the Board will refer the matter to the committee meeting of the whole for consideration with the idea the committee of the whole will report back at a meeting in January.

SUBDIVISION PERFORMANCE GUARANTEES The following memo dated November 16, 2001 from
Robert Silhan, Director of Planning, Zoning and Building was reviewed:

SITUATION. In August, Governor Ryan signed into law PA92-0479, which allows developers to post performance bonds instead of letters of credit or cash. The new law becomes effective on January , 2002. The clear benefit to developers is that bonds cost less for them to provide.

PROBLEM. From a municipal perspective, a letter of credit or cash is much easier to draw on. To call a performance bond requires filing suit against the insurance company. Some municipalities have been faces with legal fees greater than the bond was worth, which is the reason most municipalities have been faced with legal fees greater than the bond was worth, which is the reason most municipalities have been requiring letters of credit.

Regardless of the type of performance guarantee, a general problem with subdivision development has been erosion and drainage control. Many of the problems facing new homeowners relate to the ongoing subdivision development surrounding their new home. (Such recent problems occurred within Windmill Creek - Ryland Homes, Tiffany Farms - United Home, as well as other projects.)

ALTERNATIVES CONSIDERED. 1) Include within all annexation agreements, (20-year term), that any required performance guarantee be in the form of a letter of credit. This alternative is precluded by specific language in the new legislation. 2) Require all PUD's, within the approving preliminary and final plan ordinances, that the performance guarantee be in the form of a letter of credit. This alternative would likely result in a legal challenge; the new legislation refers to "project improvements" and does not differentiate between conventional and PUD subdivisions. 3) Draft a sample performance bond that mimics the current sample letter of credit, (see attached). This would then include separate line items for various aspects of the public and quasi-public improvements, (Village of Northfield). 4) Require that the water, sanitary sewer, curbs, gutters, and first list of asphalt on the streets be installed prior to any building permits being issued, (similar to Villages of Bartlett and Hoffman Estates; Lake County).

RECOMMENDATION. In my opinion, the first two alternatives are most vulnerable and likely subject to legal challenge. Therefore, I recommend approval of alternatives number 3 and 4. The third alternative of drafting a sample bond form will be prepared by Staff and subject to the Village Attorney's review. The fourth alternative is the only alternative that provides the greatest control and responds to both problems noted above. Therefore, I recommend that the Village Board amend Section 152.047 (D) of the Subdivision Ordinance and direct the Planning and Zoning Board to conduct a public hearing to amend Section 150.106 ( C ) (10) (f) of the Zoning Ordinance in order to reflect the change in State Law. It is further suggested that Section 150.047 (D) (1) be amended to require the performance guarantee be in the amount of 125 percent, (instead of 110%), of the approved engineer's estimate. (Note that the State Law does allow for greater than 110 percent.) In addition, a new Subdivision Code section is proposed, Section 152.048, Building Permits, which would require that the water, sanitary, sewer, curbs, gutters, sidewalks, and the streets' first lift of asphalt be completed, inspected and approved, prior to the issuance of any building permit for homes. (A sales office may be located within a temporary trailer on site at the start of project improvements.)

REQUEST FOR BOARD ACTION. I request that the Village Board endorse the recommendation, and specifically take action to: Direct Staff and Village Attorney to prepare a sample performance bond similar to the existing sample letter of credit; Direct Staff and Village Attorney to prepare the first draft of amendments of the Subdivision Code, in connection with alternative number 4, for first reading at an upcoming Board meeting; Direct the Planning and Zoning Board to conduct a public hearing regarding a proposed amendment to Section 150.106 ( C ) (10) (f) of the Zoning Ordinance to reflect the recent change in State Law, and to reiterate the related language in the amendments to the Subdivision Code.

VB MOTION A motion was made by Trustee Pierce, seconded by Trustee Porch to approve the recommendation from Robert Silhan, Director of Planning, Zoning and Building, as stated in his memo dated November 16, 2001 regarding the subdivision performance guarantees and the change in State Law; PZ92-0479. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
TRUSTEE PIERCE Trustee Pierce stated that the Planning and Zoning Board's recommendation regarding Neumann Homes will be on the December 3rd Village Board agenda. It is the intention to accept the letter into the record and then refer to a committee meeting of the whole for further review.
SANTA'S CASTLE Trustee Porch said that Santa's Castle will be opened following the holiday parade. On behalf of the Antioch Chamber of Commerce and Industry, she thanked the many men of Antioch who have volunteered their time to work at the castle.
MAYOR MARAVELAS Mayor Maravelas stated that he wanted to make it clear, just like any other chief executive taking over a corporation, is interested in seeing the books to see where we are and where we're going in the future, whether it is a corporation or a village. "So, what I have done, I came to this Village and took office on May 7, 2001 and I was looking for an audit, and there was no audit in the village for fiscal year 01. I called the auditor who has been working for the village for the past eight years, and when I saw what was going on here, I had to call another auditor to come in. We found out that the fiscal year 00 audit wasn't done either. So, this evening I am bringing to you, the taxpayers, the audits for years 2000 and 2001."
BANK ONE A motion was made by Trustee Caulfield, seconded by Trustee Pierce to authorize payment of $484,850.00 to Bank One for the 1991, 1998A, and 1998B Bond payments. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
DIEMER PLUMBING A motion was made by Trustee Caulfield, seconded by Trustee Porch to authorize payment of $19,968.41 to Diemer Plumbing for final payment of three various jobs, Scout House, Pool and Parks Building. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
FLOW-TECHNICS A motion was made by Trustee Caulfield, seconded by Trustee Porch to authorize payment of $29,483.00 to Flow-Technics for the generator at the lift station. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
GEORGE KENNEDY A motion was made by Trustee Caulfield, seconded by Trustee Hanson to authorize payment of $21,153.80 to George Kennedy Construction for final payment on the Hillside Lift Station. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
PAYNE & DOLAN A motion was made by Trustee Caulfield, seconded by Trustee Hanson to authorize payment of $168,383.27 to Payne & Dolan for the 2001 street rehab on Winsor Drive. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
SEYFARTH, SHAW A motion was made by Trustee Caulfield, seconded by Trustee Porch to authorize payment of $11,002.03 to Seyfarth, Shaw and Fairweather for legal services concerning an employee of the police department. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
SULLIVAN, SMITH A motion was made by Trustee Caulfield, seconded by Trustee Pierce to authorize payment of $20,859.56 to Sullivan, Smith, Hauser & Noonan for legal services concerning the Anest property. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
THELEN A motion was made by Trustee Caulfield, seconded by Trustee Porch to authorize payment of $14,590.23 to Thelen as final payout for the Tiffany - Deep Lake Road Bike Path. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
AUTHORIZE PAYMENT A motion was made by Trustee Caulfield, seconded by Trustee Pierce to authorize payment of the remaining accounts payable as prepared by the Village Treasurer. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
MANUAL CHECKS A motion was made by Trustee Caulfield, seconded by Trustee Pierce to approve the October manual checks for the general, water and sewer and police pension funds as presented. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
FY2000 AUDIT A motion was made by Trustee Caulfield, seconded by Trustee Pierce to accept the audit year ending April 30, 2000. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
FY2001 AUDIT A motion was made by Trustee Caulfield, seconded by Trustee Pierce to accept the audit year ending April 30, 2001. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
JIM KETCHMARK Mr. Jim Ketchmark, Auditor, reviewed the FY2001 Audit and answered questions regarding what was budgeted and what was spent in both the general and the enterprise funds. The audit shows that the enterprise fund (water and sewer accounts) has been operating in the red. Funds were transferred from the general fund to the enterprise fund to cover expenses paid from that fund. Also, since there were several projects done in the last year, there wasn't enough money in these funds to pay for all the projects, therefore transfers were made from other funds to cover these expenses.
DOLLY SPIERING There was a discussion regarding the Dolly Spiering fund. The village received 1.5 million dollars from the Dolly Spiering estate to be used for senior services. Projects such as the police department and parks building were completed over what was budgeted and the former administration transferred money from the Dolly Spiering fund to cover other village expenses.

Mr. Paul Howard, Catholic Charities employee who is currently on administrative leave, stated that he and members of the senior council were shown documentation and were told by the previous administrator that the Dolly Spiering money was in an interest bearing account. Mr. Howard also stated that he was told by the former administrator that he would be hired by the village over 14 months ago. Paul Howard said, "There was a 5-1 vote among the Village Board of Trustees in favor of hiring me immediately, this was August of 2000, but it got dragged on because he said (Mr. Wells) wanted to make it unanimous." Mr. Marv Oldenburger, former Village Trustee, stated that there was a discussion as to whether or not the Village should be using the Dolly Spiering fund to pay for Mr. Howard's salary, there was not a formal vote taken since some of the Trustees at that time wanted more information before making that decision. Mr. Oldenburger stated, "the item was on the table, we never concluded the discussion, and to my knowledge we never took a true vote." Seniors in the audience expressed their concern regarding Paul Howard being placed on leave until this matter is resolved. The center misses the leadership that Mr. Howard has provided consistently throughout the years. Trustee Pierce stated that the Village is meeting with Catholic Charities and the Senior Council to work through this situation.

There were questions regarding the legal right to use the Dolly Spiering money for other projects in the village when it was stated in the resolution to be used for senior services. Trustee Pierce stated that question has been referred to the states attorney office.

Administrator Haley briefly reviewed some projects that may be put on hold because of the financial situation. Mr. Haley stated "ordinary things that we would like to do or that need to be done, we are like any other household. If you don't have the money you don't spend it and if you can't afford it, you can't do it. That's the situation that we're in."

Mayor Maravelas stated that the Village is working toward a way to repay the Dolly Spiering fund and interest as soon as possible.

TREASURER REPORT Trustee Caulfield distributed the Treasurer Monthly Report for the month of October. Trustee Caulfield stated that this report will be distributed to the Board on a monthly basis. He also thanked Mayor Maravelas, Administrator Haley, Sherry Hoban, Village Treasurer, along with our new auditor, Doug Taveirne, of Dam, Snell & Taveirne, Ltd. for helping to come up with the format of the report.

A motion was made by Trustee Caulfield, seconded by Trustee Pierce to approve the October Treasurers Report as presented. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.

TRUSTEE CAULFIELD Trustee Caulfield stated that past administrations have functioned under a motion passed on September 8, 1992 which gave the Village Administrator authority to "Handle investments on behalf of the Village." At the request of Administrator Haley, Trustee Caulfield made the following motion.
TRANSACTIONS A motion was made by Trustee Caulfield, seconded by Trustee Hanson that the finance committee and the Village Board approve all investment transactions and all inter-fund loans and transfers with the exception of regular payroll transfers to the payroll account and accounts payable transfers from the Enterprise Fund to the General Fund. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
TRUSTEE CAULFIELD Trustee Caulfield stated that recent events concerning funding of some public improvement projects that have not come before the village board demonstrates a need for the following motions:
IMPROVEMENT PROJECTS A motion was made by Trustee Caulfield, seconded by Trustee Hanson that all public improvement projects, including change orders, funding mechanisms, and construction timelines, be submitted to the Board of Trustees for approval. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
ADMINISTRATOR A motion was made by Trustee Caulfield, seconded by Trustee Porch that the Village Administrator be required to submit monthly status reports at Village Board meetings on all public improvement projects. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
CHAPTER 51 A motion was made by Trustee Caulfield, seconded by Trustee Pierce to approve a comprehensive amendment to Chapter 51 of the Antioch Village Code as it relates to water and sewer charges, (as last amended by Ordinance Number 80-4-4, passed April 28, 1980), and wastewater service charges, (as last amended by Ordinance Number 89-6-24, passed on June 19, 1989), and direct the Village Attorney to draft an ordinance for first reading.

There was a brief discussion regarding the water and sewer department operating in the red and the rates not being increased since 1980. Trustee Hanson stated that Administrator Haley did some research which showed that the cost of living index since 1980 went up 83.1%. Trustee Pierce stated that he understands that the water rates have not been increased since 1980 and the sewer rates have not been increased since 1985, and we're operating in a deficit. Currently, there are a lot of residents of Antioch who have questions over water quality such as rust, there is no way possible if we're operating in a deficit to even begin to address those issues. We need to bring it back to zero and then up some so we can make improvements. The proposed rate increase, recommended by the staff engineer, will be determined at a future meeting of the Board of Trustees.

On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.

CHAPTER 52 A motion was made by Trustee Caulfield, seconded by Trustee Hanson to amend Chapter 52 of the Antioch Village Code as it relates to water and sewer tap-on fees and related fees, (as last amended by Ordinance Number 87-6-16, passed on June 1, 1987), to increase the tap-on fees as advised by staff and financial consultants, and direct the Village Attorney to draft an ordinance for first reading. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
SECTION 157.001 A motion was made by Trustee Caulfield, seconded by Trustee Pierce to amend Sections 157.001 (A) and (B) of the Village Code to refer to a four percent (4%) escrow account deposit for new subdivisions, and direct the Village Attorney to draft an ordinance for first reading. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
CHAPTER 151 A motion was made by Trustee Caulfield, seconded by Trustee Porch to amend Chapter 151, Building Code, to increase permit fees to two percent (2%) of the construction cost, increase all minimum fees to fifty dollars, ($50.00), and direct the Village Attorney to draft an ordinance for first reading. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
UTILITY TAX A motion was made by Trustee Caulfield, seconded by Trustee Pierce to direct the Village Attorney to draft an ordinance to put in place a five percent (5%) utility tax on electric, natural gas and telephone services.

Following discussion, the second was removed by Trustee Pierce and Trustee Caulfield amended his motion as follows:

A motion was made by Trustee Caulfield, seconded by Trustee Pierce to direct the Village Attorney to draft an ordinance to put in place a utility tax on electric, natural gas and telephone services at a rate and time frame deemed appropriate by the Village Board. The money received from the tax will be specifically set aside to repay the Dolly Spiering Fund. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.

ONE-DAY LICENSE After reviewing the letter of request dated November 15, 2001 from the Antioch Piggly Wiggly store, a motion was made by Trustee Caulfield, seconded by Trustee Pierce to issue a one-day liquor license conduct a wine sampling at their "Holiday Open House" being held on December 8, 2001. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
TRUSTEE PIERCE Trustee Pierce gave a verbal report regarding meetings with Catholic Charities to discuss the village's position that Paul Howard will be a part of the solution to the senior center. We asked the seniors for fourteen days, until 11/28/01 to iron some issues. Trustee Pierce's main concern with those issues was the Meals on Wheels program. He also stated that he realizes that the seniors miss Paul Howard and he indicated to Mr. Howard that this situation will not continue on until 2002 and 2003 and so on. He said, "We do realize what is going on at the senior center and we are working on it" and he asked Mr. Howard for his patience at this time.
ATTORNEY Attorney Anderson reviewed the following ordinances:
01-10-29 Attorney Anderson reviewed the verbiage changes done for clarification purposes to Chapter 100 of the Antioch Code of Ordinances, Tree Preservation and Replacement as distributed to the Board. The Board of Trustees indicated the verbiage changes as distributed is their intention.

Attorney Anderson read aloud the following ordinances:

First reading: Ordinance Concerning PZB01-09, Amended Final Plat, Tiffany Farms Unit 4 Relative to Street Connection to School Property. This item will be placed on the December 3, 2001 agenda for consideration. Attorney Anderson also discussed the raffle ordinance which was recently passed by Lake County. Village Clerk Candi Rowe distributed copies of the ordinance to the Board for their review.

First reading: Ordinance Regarding Licensing of Raffles. This item will be placed on the December 3, 2001 agenda for consideration.

EXECUTIVE SESSION A motion was made by Trustee Caulfield, seconded by Trustee Porch for the Mayor and Board of Trustees to go into executive session at the Antioch Village Hall at 10:25 p.m. to discuss pending litigation. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Porch and Hanson.
NO: 0.
ABSENT: 2; Larson and Foresta.
THE MOTION CARRIED.
RETURN A motion was made by Trustee Pierce, seconded by Trustee Caulfield for the Mayor and Board of Trustees to return to the open meeting at 11:25 p.m. with no action taken. On roll call, the vote was:
YES: 4; Pierce, Caulfield, Hanson and Maravelas.
NO: 0.
ABSENT: 3; Larson, Foresta and Porch.
THE MOTION CARRIED.
ADJOURN A motion was made by Trustee Pierce, seconded by Trustee Caulfield to adjourn the regular meeting of the Board of Trustees at 11:26 p.m.
 
Respectfully submitted,

____________________
Candi L. Rowe, Clerk

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