VILLAGE OF ANTIOCH

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

December 17, 2001
7:00 p.m.

 
CALL TO ORDER The public hearing regarding the Tax Levy Ordinance was called to order by Mayor Maravelas at 7:00 p.m. in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Larson, Caulfield, Foresta, and Porch. Also present were Mayor Maravelas, Attorney Anderson and Clerk Rowe. Absent: Trustees Pierce and Hanson.
PUBLIC NOTICE Clerk Rowe read aloud the published public notice regarding the proposed property tax increase for the Village of Antioch. The total property taxes extended for 2000 were $1,616,652.27. The estimated total of property taxes to be levied for 2001 are $1,772,636.00. This represents an increase of 9.6% over the previous year.
DOUGLAS TAVEIRNE Mr. Douglas Taveirne of Dam, Snell & Taveirne, Ltd., village auditors, reviewed the ordinance entitled, An Ordinance Providing for the Levy of Taxes for the Village of Antioch, Lake County, Illinois for the Fiscal Year Beginning May 1, 2001 and ending on the 30th Day of April, 2002. Mr. Taveirne indicated that with the imposed tax cap and consumer price index applied to that (which is 6.4%), plus another factor that is contributed to the new construction in the district you will not see the 9%. That taken into account if we assume that the new construction district is somewhere around two percent, you may really pick up maybe 5 ½% in terms of real money coming in. So, the real increase we may seeing is probably around 4 ½%.
CLOSE HEARING A motion was made by Trustee Caulfield, seconded by Trustee Porch to close the public hearing at 7:10 p.m. On roll call, the vote was:
YES: 4; Larson, Caulfield, Foresta and Porch.
NO: 0.
ABSENT: 2; Pierce and Hanson.
THE MOTION CARRIED.
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 Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Larson, Caulfield, Foresta, and Porch. Also present were Mayor Maravelas, Attorney Anderson and Clerk Rowe. Absent: Trustees Pierce and Hanson.
MINUTES A motion was made by Trustee Larson, seconded by Trustee Foresta to approve the minutes from the December 3, 2001 meeting as presented. On roll call, the vote was:
YES: 4; Larson, Caulfield, Foresta and Porch.
NO: 0.
ABSENT: 2; Pierce and Hanson.
THE MOTION CARRIED.
IMRF RESOLUTION A motion was made by Trustee Foresta, seconded by Trustee Caulfield to approve the IMRF Resolution to allow more than 50 months of retroactive service credit for elected officials as presented. On roll call, the vote was:
YES: 4; Larson, Caulfield, Foresta and Porch.
NO: 0.
ABSENT: 2; Pierce and Hanson.
THE MOTION CARRIED.
MEETING DATES Clerk Rowe reviewed the 2002 meeting schedule for the Village Board of Trustees.

Sub-committee meetings of the Antioch Village Board are scheduled for the first Monday of every month at 7:00 p.m. in the Board Room. Committee meetings of the Whole are scheduled for the first Monday of every month at 8:00 p.m. Regular meetings of the Antioch Village Board are scheduled for the third Monday of every month at 7:30 p.m.

A motion was made by Trustee Foresta, seconded by Trustee Caulfield to approve the 2002 meeting schedule as presented. On roll call, the vote was:
YES: 4; Larson, Caulfield, Foresta and Porch.
NO: 0.
ABSENT: 2; Pierce and Hanson.
THE MOTION CARRIED.

ADMINISTRATOR Administrator Haley reported that he hasn't received the paperwork regarding the IDOT Route 83 project. He will update the Board when he receives the information.

Concerning the 2001 construction street project, Administrator Haley said the project consists of sewer replacement and manhole repair on Main Street. The project began on November 26th and we found that the sewer in front of the library was collapsed and totally unfunctional. This portion of the sewer was repaired within a week and the traffic is back on Main Street. There is another piece of the sewer that is south of the intersection of Main and Ida that also was collapsed and we had to replace that. We found that there was two necessary changes in the project due to what we found after we started the repair. It was the decision of the contractor, our engineer and public works staff that the manhole chimney seals that we had intended on using would not work, so we held that portion of the project back. The manholes themselves would take approximately one week to fix and we would have to have the street closed. With the timing of the downtown businesses, we decided to move that whole project to the spring. The contractor is doing a good job and the project came in as bid contract.

CITIZENS Mayor Maravelas asked if there were any citizens wishing to address the Board.
JAMES COLE Mr. James Cole, Chestnut Street resident, asked if Main Street would eventually be three lanes with no parking on the street. Administrator Haley responded that to date, final plans have not been submitted to the village.
JOHN HORAN Mr. John Horan, Hillside resident, questioned the proposed utility tax ordinance. He stated that he understood there legal concerns with the previous administrator. Mr. Horan hopes that the Board wait on acting on a utility tax until the situation with the former administrator is completed. He also asked the board to look into whether the former administrator was bonded and if so, would that cover his actions.
ANGELO DELGIUDICE Mr. Angelo Delgiudice, Spruce Drive resident, stated that he has attended several Neumann Homes meetings and like most people he is opposed to the development. Mr. Delgiudice stated that his wife works with someone that lives in a Neumann Home development in another community. He indicated that the person told him there is a lot of traffic problems, school problems and that there are more children in the development than indicated.
DALE BRANDT Mr. Dale Brandt, Miller Road resident, had a question regarding the Neumann Homes development. Mr. Brandt stated that Jim Keim, village staff engineer indicated at a previous meeting that there probably is not enough resources at this point and the village would have to install at least water tower. Mr. Brandt asked if this is the case, what is the location of the well or water tower.

Mr. Michael Haley, village administrator, stated at some time there would be a need for a new water tower out there. The assumption that the village is going to pay for it is incorrect. We don't anticipate paying for a new tower. If a subdivision is ever approved it will be paid for by the people out there. The location of a new tower has not been decided as of yet and final engineering is not done.

MARV RAYMOND Mr. Marv Raymond, State Line Road resident, questioned Mr. Newton Finns statement at the last meeting, that questioned the requirements of those holding an appointed office and being a qualifying elector. Mr. Raymond asked if the Board has done any research as to whether Mr. Kyle LaReese, planning and zoning board member is a qualified elector of the municipality. Village Attorney, Don Anderson stated that he has done some research. He hasn't reviewed all the cases, but has reviewed a lot of statutory language. Mr. Anderson went on to explain that a qualified elector means a registered voter. But what is unclear is the qualified elector of the municipality or otherwise provided by law. Since the residency requirement for planning and zoning board is they must live within the municipality or within one and one-half miles of the municipality, if unincorporated, then it clearly can't be an absolute requirement that the individual be a registered voter within a municipality. So then the question would be what does this "or otherwise provided by law" mean. What Mr. Anderson is trying to determine now, and so the statutory language is leading him to a tentative conclusion that he will share with the Board. Attorney Anderson needs to verify with case law whether or not this requirement applies to a planning and zoning board member before he gives a final opinion. There was a brief discussion concerning Mr. LaReese not being a registered voter.
MARIANNE GUY Marianne Guy, White Road resident, reviewed a copy of a letter dated June 29, 2000 which addressed the previous Neumann Homes proposed plan that she received from the Lake County Soil and Water District .

Trustee Hanson arrived at 8:10 p.m.

TRUSTEE PORCH Trustee Porch asked for an update on the easement situation at Main Street Car Wash. Attorney Anderson stated that he has talked to the Mr. Katsenos attorney and was told the paperwork would be prepared and the deal done by that Friday. Administrator Haley stated that the attorneys car was broken into and all the paperwork is missing. Mr. Haley delivered original signed copies of the agreement to Mr. Katsenos, owner of JT's Roadhouse on last Friday morning and they would take the papers to their attorney that day and will bring them back. Mr. Haley has not heard anything from Mr. Gebert so he assumes that the matter has been resolved.
PZB 01-11 The following planning and zoning board letter of recommendation, dated December 17, 2001 regarding the proposed Final Plat of Subdivision, Brighton Farm, Edwards Road; unincorporated Lake County within 1 ½ miles of the village limits:

The Combined Planning and Zoning Board reviewed the proposed plat on December 13, 2001, following posting of the meeting agenda as required.

The plat was presented by Mr. Glenn Christensen, Christensen & Associates, Landscape Architects, Gurnee, Illinois. The proposed subdivision includes six single-family lots each larger than 200,000 square feet, on a site with aggregate area of 99 acres.

The preliminary plat was approved by the Planning and Zoning Board on September 13, 2001, file number PZB01-08. It was subsequently approved by the Village Board by Resolution Number R01-10-01.

Village Planner Bob Silhan presented his brief report. The proposed final plat is in substantial conformance to the approved preliminary; therefore, Mr. Silhan recommends approval.

Following brief discussion, Carol Keller moved, Tom Baba seconded, that PZB01-11, the proposed Final Plat of Brighton Farm Subdivision be approved. Upon roll call vote:
YES: 6; Ipsen, McCarty, F.Johnson, LaReese, Keller and Baba. NO: 0. ABSENT: 0. THE MOTION CARRIED.

VB MOTION A motion was made by Trustee Porch, seconded by Trustee Larson to approve the letter of recommendation dated December 17, 2001 from the Planning and Zoning Board regarding the Final Plat of Subdivision, Brighton Farm, PZB01-11 and authorizes the Village Attorney to draft the appropriate resolution. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
DEVELOPER CONTRIBUTIONS Bob Silhan, Director of Planning, Zoning and Building, reviewed the following memorandum dated December 11, 2001 regarding developer contributions and request for approval in principle.

SITUATION: Other municipalities require developer contributions beyond schools, parks and libraries. The typical services for which contributions are required are: police, fire and roads.

SURVEY. The following figures are based upon our previous phone survey and the recent survey conduct on our behalf by the Northwest Municipal Conference. Most municipalities base their fee on dollars per dwelling unit. A few have fees based upon dollars per capita, or a sliding scale depending on type of unit and number of bedrooms, (as is our schools and park fees - see attached population chart). The typical single-family unit being a 3-bedroom detached unit, I've provided each municipal fee with equivalent dollars per unit compared with dollars per capita, (2.899 persons per 3-bedroom home).

Fees for Police Departments.

$ per d.u. $ per capita
Bartlett $801.54 $276.49
Crystal Lake $ 90.00 $ 31.04
Gurnee $100.00 $ 34.49
Lindenhurst $425.00 $146.60
Schaumburg $125.00 $ 43.11
Mean Averages $308.30 $106.34

Fees for Fire Departments.

Bartlett $462.68 $159.60
Cary $250.00 $ 86.23
Crystal Lake $240.00 $ 82.78
Gurnee $150.00 $ 51.74
Grayslake $180.00 $ 62.09
Lake in the Hills $250.00 $ 86.23
Lake Zurich $1000.00 $344.94
Lindenhurst $425.00 $146.60
McHenry $260.00 $ 89.68
Richmond $250.00 $ 86.23
Schaumburg $225.00 $ 77.61
Mean Averages $335.69 $115.79

Fees for Roads.
Gurnee $500.00 $172.47
Lincolnshire $520.00 $179.37
Lake in the Hills $100.00 $ 34.49
Mean Averages $373.33 $128.77

CURRENT COSTS. Based upon the Audit Report for fiscal year ending April 30, 2001, and our AD2000 population of 8800 persons, the current annual cost per capita of various services is as follows:
Police $191.98
Fire $ 53.29
Streets $108.71
Total $353.98

RESULT TO AN AVERAGE 3-BEDROOM SINGLE FAMILY HOME. Currently, the cash contributions amount to $4,144 for schools, $1,777.81 for parks, and $210.00 for library, for a total of $6,131.81. The above figures based upon actual expenditures would add $1,026.18 in contributions, or an increase of 16 percent.

Adding all of the mean averages from the survey would result in a total of $350.90 per capita, which would result in an additional amount of $1,017.25 per 3-bedroom home, also a 16 percent increase.

RECOMMENDATION. I recommend that the following motion be made and approved: That the Subdivision Code, Chapter 152, be amended to add developer contributions as follows:

for Police Department: $191.98 per capita;
for Fire Department: $ 53.29 per capita;
for Street Department: $108.71 per capita;

and that the Village Attorney be directed to draft the appropriate ordinance for first reading.

VB DISCUSSION Trustee Foresta suggested we round up the proposed amounts to be $200.00 for Police Department; $60.00 for the Fire Department; and $110.00 for the Streets Department. There was a brief discussion as to who the fee changes would apply to. Attorney Anderson stated that he doesn't think the changes would apply to those who already have final plan approval. Trustee Foresta asked Mr. Silhan to research how other communities are implementing the fees.

A motion was made by Trustee Porch, seconded by Trustee Larson to approve the memorandum dated December 11, 2001 from Bob Silhan, Director of Planning, Zoning and Building regarding developer contributions including the following amendment; Police Department - $200.00; Fire Department - $60.00; and Street Department - $110.00. The fees will be reviewed annually. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.

GRAND OPENING Trustee Porch announced there will be a Grand Opening on January 5 at the Air Force Recruit Center located on Route 173.
FIREFIGHTERS ASSOC. A motion was made by Trustee Caulfield, seconded by Trustee Foresta to authorize payment of $12,462.40 to Antioch Firefighters Association for the reimbursement from IML Fire Tax Check. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
HERMAN & HERMAN A motion was made by Trustee Caulfield, seconded by Trustee Larson to authorize payment of $39,892.60 to Herman & Herman, P.C. for the Deercrest litigation. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
R & B ENTERPRISE A motion was made by Trustee Caulfield, seconded by Trustee Porch to authorize payment of $13,153.67 to R & B Enterprise for the second payment of five for the Hart & Carney parcel on the east side of Main Street. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
AUTHORIZE PAYMENT A motion was made by Trustee Caulfield, seconded by Trustee Foresta to authorize payment of the remaining accounts payable as prepared by the Village Treasurer. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
MANUAL CHECKS A motion was made by Trustee Caulfield, seconded by Trustee Foresta to approve the manual checks written through December 14, 2001 for the general, water and sewer and payroll accounts. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
01-12-33 A motion was made by Trustee Caulfield, seconded by Trustee Porch to approve and publish in pamphlet form an ordinance, 01-12-33, entitled, AN ORDINANCE PROVIDING FOR THE LEVY OF TAXES FOR THE VILLAGE OF ANTIOCH, LAKE COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING MAY 1, 2001 AND ENDING ON THE 30TH DAY OF APRIL, 2002. On roll call, the vote was:
YES: 4; Larson, Caulfield, Foresta and Porch.
NO: 0.
PASS: 1; Hanson.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
01-12-34 A motion was made by Trustee Caulfield, seconded by Trustee Foresta to approve and publish in pamphlet form an ordinance, 01-12-34, entitled, AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2001 TO PAY PRINCIPAL OF AND INTEREST ON THE $1,500,000 GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE), DATED SEPTEMBER 15, 1991, THE ORCHARD STREET IMPROVEMENT, AND THE $3,000,000 GENERAL OBLIGATION BONDS (WATERWORKS AND SEWERAGE REVENUE ALTERNATE REVENUE SOURCE), DATED OCTOBER 1, 1998 OF THE VILLAGE OF ANTIOCH, LAKE COUNTY, ILLINOIS. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
RISK MANAGEMENT A motion was made by Trustee Caulfield, seconded by Trustee Foresta to approve renewal of the Illinois Municipal League Risk Management liability insurance policy. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.

Administrator Haley reported there is a very minor increase in the premium amount. We put the liability insurance out to bid, which only two companies responded to. The IML quote was significantly better than the other company.

FINANCIAL REPORT A motion was made by Trustee Caulfield, seconded by Trustee Hanson to accept the Financial Report for the month of November as prepared by the Village Treasurer. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
RESOLUTION A motion was made by Trustee Foresta, seconded by Trustee Caulfield to authorize Michael Haley, Village Administrator, as representative to sign loan application forms and supporting documents from the Water Pollution Control Revolving Fund for construction of sewage treatment works. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.

Trustee Porch discussed providing for final loan papers to be signed with two signatures. Attorney Anderson stated that we are talking about a specific resolution provided to us by Agency to be used for a specific loan. He stated that he is not sure that we should change or substitute their form. Trustee Foresta suggested that we look into signature policies at the committee meetings.

CLARK DIETZ, INC. Clerk Rowe read aloud the letter dated December 13, 2001 from Clark Dietz, Inc. which states the Village of Antioch wishes to terminate their contract with Clark Dietz, Inc. for the operation and maintenance activities at the Antioch WWTP, including Industrial Pretreatment Monitoring.

A motion was made by Trustee Foresta, seconded by Trustee Larson to approve the letter which indicates the village's desire to end the contract between Clark Dietz, Inc. and the Village of Antioch for the operation and maintenance activities at the Antioch WWTP, including Industrial Pretreatment Monitoring, as of December 31, 2001. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.

JIM GUTOWSKI A motion was made by Trustee Foresta, seconded by Trustee Hanson to hire Jim Gutowski as Treatment Plant Operator at $24.04/hour. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
JULY 4 ACTIVITIES Following a brief discussion, a motion was made by Trustee Caulfield, seconded by Trustee Porch to have the Independence Day Parade and activities on July 4, 2002. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
BROOK MEMORIAL Trustee Porch stated that things are working smoothly at the Antioch Senior Center and with Catholic Charities providing the Meals on Wheels program. The Senior Center will be having a Christmas Party on December 19.
ATTORNEY Attorney Anderson reviewed the following ordinances:
01-12-35 A motion was made by Trustee Larson, seconded by Trustee Porch to approve and publish in pamphlet form an ordinance 01-12-35, entitled, ORDINANCE AMENDING CHAPTER 152 OF THE ANTIOCH CODE OF ORDINANCES - PROJECT COMPLETION GUARANTEES. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
01-12-36 A motion was made by Trustee Hanson, seconded by Trustee Porch to approve and publish in pamphlet form an ordinance 01-12-36, entitled, ORDINANCE AMENDING CHAPTER 151 OF THE ANTIOCH CODE OF ORDINANCES - FEES FOR BUILDING AND RELATED PERMITS. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.

First Reading: Ordinance Amending Chapter 157 as it Relates to Subdivision Escrow Deposits, Village of Antioch, Lake County, Illinois. This item will be placed on the January 16, 2002 agenda for consideration with verbiage changes as discussed.

First Reading: Ordinance Amending Chapter 52 by Approving Increase in Water Connection Fees and Sanitary Sewer Connection Fees for the Village of Antioch, Lake County, Illinois. This item will be placed on the January 16, 2002 agenda for consideration.

EXECUTIVE SESSION A motion was made by Trustee Hanson, seconded by Trustee Caulfield for the Mayor and Board of Trustees to go into executive session at the Antioch Village Hall at 9:35 p.m. to discuss pending litigation. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
RETURN A motion was made by Trustee Larson, seconded by Trustee Porch for the Mayor and Board of Trustees to return to the open meeting at 10:35 p.m. with no action taken. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.
ADJOURN A motion was made by Trustee Larson, seconded by Trustee Porch to adjourn the regular meeting of the Board of Trustees at 10:35 p.m.
 
Respectfully submitted,

____________________
Candi L. Rowe, Clerk

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