VILLAGE OF ANTIOCH

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


March 15, 2004
 

CALL TO ORDER
Mayor Maravelas called the regular meeting of the Board of Trustees to order at 7:31 p.m. in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Pierce, Caulfield, Larson, Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe.
MINUTES 03/01/2004 A motion was made by Trustee Porch, seconded by Trustee Pierce to approve the minutes from the March 01, 2004 meeting with the following corrections:

• On page 4540: Change Mayor Pro-Tem Porch’s and Trustee Larson’s vote from yes to pass
• On page 4553: Include the roll call for manual checks
• On page 4555: Change Trustee Turner to Trustee Larson under Raffle License
• On page 4556: Reference the ordinance that is being discussed
• On page 4556: Reference the parking lot that the parking lot donation was made for

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

MAYOR Mayor Maravelas stated that he would discuss the TIF Reporting Status Report under the Finance and Administrator Committee.
CITIZENS Mayor Maravelas recognized those citizens present in the audience who wished to address the board.

Joyce Kiyohara – Joyce Kiyohara, of 1192 Bowles Road, stated that over the last two years the KLM development has become a personnel issue for her. She stated she is addressing the Board with two requests. The first request is to ask the Board to consider waiving the fees for being connected to the Village water and sewer. Her second request is a No Parking sign on Bowles road.

As for the waiving of the fee, she stated that she feels that this is the least the Village can do for the Bowles Road residents, considering the incredible inconvenience and interruption to their lives. She is unaware of any other area in the Village where the situation is as bad as it is on Bowles Road. She stated that for the last two and a half years the road has been used as a construction road, resulting in a nightmare for the residents.

As a result of the road being used as a construction road, it is full of potholes and has turned into clay. As an example, she cited a day when she had to wait while road material was spread on the road by a backhoe. She stated that she was tempted to call 911, because she could not leave her road. As a result of situations like that one and others, her son’s special education bus cannot travel down the road.

Another example is the day that her mailbox was removed from the road and thrown in her yard, which caused her to not receive mail that day.

She stated that she has had two flat tires, from the construction debris and she has concrete on her cars from the concrete that gets dropped on the road.

As for her second request, the No Parking sign, she feels this is necessary because of the parked equipment, tractor-trailers and the contractors/workers personnel vehicles. She stated that this is not a construction road and if it were happening on Rte. 83, Rte. 173 or Rte. 59 that the Village would feel differently about the issue.

She stated that what she does not want to be told how this new construction is going to improve the value of her home. She stated she plans to live in her home for a very long time and the value of the home does not matter to her.

Mary Lou Cook – Mary Lou Cook, of 1172 Bowles Road, stated that she fully agrees with everything Ms. Kiyohara said. She also stated that she doesn’t think anyone would be able to understand, unless they live on the road, what a burden is it to put up with the nonsense.

She stated that the nicer you are to the construction crew, the more they take advantage of you. She has been late to countless appointments and functions for her children, because of the construction traffic.

She stated that another issue she is having is with ComEd, related to power lines. Years ago she paid to have her power lines buried and now they have unburied them and are hanging them back on the pole. ComEd is telling her that if she wants them buried that she has to pay for them to be buried. She already paid for them to be buried so she doesn’t feel she should have to pay again. She stated that she has worked with Administrator Probst and he has been very kind and helpful, but that she doesn’t want to have to keep using Village resources. She stated that KLM is supposed to keep the residents informed of what is going to happen to them. She stated they are not keeping them informed and she doesn’t see why KLM would want to keep them informed.

Mayor Maravelas asked Engineer Nyberg to provide information on the situation with ComEd. Engineer Nyberg stated ComEd needs to put the power line back underground and that he is working with them to get this done.

Mayor Maravelas stated that he understood that KLM and Thelen stated that they would comply with the terms that were set in a meeting back a few months ago. Administrator Probst stated that back in December that he met with KLM and the promised that they would keep the Village and the residents involved with changes that would be occurring during the difference phases of construction. He stated that he would give KLM a call the next day to figure out what was happening. Mayor Maravelas stated that he wanted a meeting set up between KLM, Thelen and the residents for the next day.

Ms. Kiyohara stated that there have been meetings and it hasn’t changed anything. Mayor Maravelas stated that the appropriate step to take is to have a meeting to try to resolve the issues.

John Cook, also of 1172 Bowles road, stated that during the last meeting Thelen swore that they would have representatives go door to door to these residents to discuss the resident’s concerns. The representatives from Thelen never showed up.

Paul Pavelski, of 1154 Bowles Road, suggested that the Trustees take a drive down Bowles Road to get an idea of the conditions the residents are dealing with.

Mr. Cook stated that Thelen said that part of the reason for the inconvenience to the residents is that they could not afford to accommodate the residents. He stated that to accommodate KLM, that residents of Bowles road are going to spend approximately $250,000 from changes in their lives and expenses that they never planned on.

Trustee Pierce stated that based on the conditions that the residents have mentioned, that the Village should find a reason to red tag the construction area and find a construction entrance for the construction traffic. Mayor Maravelas stated that he agreed, but that the first step is to have a meeting.

Trustee Porch asked the Director of Planning, Zoning and Building if there would be room for a construction road. Director of Planning, Zoning and Building Silhan stated that of hand, he felt that it would be tight but not impossible. Trustee Porch stated that at a minimum she felt that a No Construction Parking sign was needed. Mayor Maravelas asked Police Chief Fagan to respond. Chief Fagan stated that he has been down the road and it is a mess. Trustee Porch stated that she has been on the road recently and she can understand what a hardship it is for the residents. Chief Fagan stated that it is a very narrow road and this issue needs to be resolved.

Trustee Pierce stated that it sounds like it would be impossible for a fire truck to get in there if need be.

Mayor Maravelas stated that a meeting would be set up for tomorrow and if the developer did not comply with the terms set up at that meeting, that then the Village would red tag the development. He asked if that sounded fair.

Ms. Kiyohara asked what the Board’s position on waiving the water and sewer connection fees was. Mayor Maravelas stated that it would need to be discussed with staff and that staff would make a recommendation to the Board.

Trustee Porch stated that she feels that a No Construction Parking sign on Bowles Road is needed.

Mr. Pavelski asked if the Board could give a consensus of their feeling about waiving the water and sewer connection fee. Mayor Maravelas asked Attorney Long if the Trustees would be able to respond to that question. Attorney Long stated that the Trustees could answer, but they can’t be bound by their answers. He asked Engineer Nyberg if he had any idea what the fees would be. Engineer Nyberg stated that he wouldn’t be able to say off of the top of his head.

Trustee Caulfield stated that he doesn’t have enough information to make a decision, but that he wanted to say that he would not rule out a solution.

Trustee Pierce asked what the residents meant when they said they were asking for the fees to be waived. Ms. Kiyohara stated she only wanted the connection fee waived.

Attorney Long asked if Bowles road was going to be improved at some point in time. Engineer Nyberg responded that it would be. Attorney Long suggested requiring that those improvements be made at this time, to alleviate some of the problems. Engineer Nyberg responded that perhaps a coat of asphalt could be laid down at this time. Ms. Kiyohara stated that KLM told her that nothing could be done with the road until after ComEd finished burying the power lines.

Trustee Turner stated that she doesn’t feel that the road should be put in until after the power lines are buried, so that ComEd can’t use that as an excuse to not bury the lines. Mayor Maravelas reiterated that is why it is necessary for the meeting tomorrow. Mayor Maravelas asked if any of the residents were available tomorrow for a meeting. Mr. Pavelski stated he would be available in the morning. Administrator Probst stated that he would contact KLM early the next day to see if they could meet.

Ms. Kiyohara stated that she did not think there was a downside to having a No Parking sign, that it would only help the residents. Trustee Porch stated that if the Board had support for the No Construction Parking sign that they could vote and then ratify the vote at the next Board meeting. Attorney Long stated that it could be treated as an emergency.

Trustee Larson asked why not just use a No Parking sign. Trustee Porch asked if the residents of Bowles Road ever needed to have people park on the street. The residents responded that they did not. Trustee Larson stated that it should be a temporary sign so that it could be removed once the construction concluded.

Mr. Cook stated that he would like to see the sign be a permanent No Parking sign. He stated that the new homes don’t have enough parking in their driveways and that they will end up parking on Bowles Road.

Trustee Porch stated that she would like to see the sign as temporary and that it could be reviewed at a later time to see about making it permanent. Attorney Long stated that it really needed to be on the agenda to make the sign permanent.

Trustee Porch made a motion, on an emergency basis, to add a temporary No Parking sign on Bowles Road. Trustee Caulfield seconded the motion. On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Debbie Rentner – Debbie Rentner, of 632 Parkway, stated that she was appearing before the board as a follow-up to her last appearance, when she requested a donation for CARE packages for soldiers overseas. She also stated that she did not know what kind of impact the CARE packages had until Major Paul Hettich returned from overseas. She thanked the Mayor and the Board for their donation and stated that Major Paul Hettich was here to thank the Mayor and Board as well.

Major Paul Hettich, of 25485 W Highwoods Drive, stated that he wanted to thank the Board. He stated that he had spent 15 months activated in Iraq. He thanked the Board for the e-mails, the letters and the CARE packages, he said it was so nice to get the e-mails, letters and CARE packages – a piece of life from home. He said the items of the CARE packages were great, since a lot of those items were not available overseas.

He stated that it is really important to support the soldiers, even if you don’t support the war, and receiving the CARE packages, e-mails and letters really helped the soldiers.

Karen Powell – Karen Powell, of 421 Harden Street, stated that five years ago No Parking signs were put up along Harden and Spafford Streets because there were problems with the High School Students parking where they shouldn’t. Now, within a two-block radius of the High School there are No Parking signs. She stated that this means that on weekend day she cannot have company over, if they have to park on the street. She stated that when the signs were posted, the residents understood that it really only applied during weekdays. Now, there are some residents that have moved in recently that are complaining when a car is parked on the street on the weekend. She stated that she is requesting that No Parking signs with hours are posted.

Mayor Maravelas asked if she discussed this issue with Village Staff. Ms. Powell responded that this was her first time discussing it with the Village.

Trustee Hanson stated that he thought that No Parking signs with certain days and times could replace the No Parking sings. He stated that he understood that the residents would need weekend parking.

Trustee Turner stated that she’s afraid that if the parking ban is lifted that any time there is an event at the High School, that the residents will face the issues they did previously.

Trustee Porch recommended signs that have posted hours. Chief Fagan said that would be possible, but that he agreed with Trustee Turner’s comment about after hour school functions.

Trustee Pierce asked that this issue be discussed in committee and that perhaps a permit was the solution. He mentioned that he was at a weekend school function last year and the traffic from the function shut down that whole end of town.

Trustee Hanson stated he like the idea of permit parking and Trustee Caulfield stated he was going to suggest permit parking as well. Mayor Maravelas stated that the staff would look into the idea of permit parking and get in contact with Ms. Powell.

Margaret Cole, of 285 Chestnut, stated that there are No Parking signs on Chestnut Street and that they are not enforced on the weekends.

Bruce Gebert – Bruce Gebert, PO Box 199, stated that he read in the paper last week, that the Village might be considering putting together an ad hoc committee regarding the financial situation. He asked Administrator Probst if a Finance Director has been hired yet. Administrator Probst responded that a temporary accountant that has been helping the last couple of weeks, that an accountant specialized in municipal accounting will be coming in twice a week, that additional work is done by a firm on an as needed basis and that interviews will be conducted later this week for a Finance Director. Mr. Gebert thanked Administrator Probst for the information and stated that he was just looking for additional information on what he read in the newspaper.

Mr. Gebert stated that his reason for addressing the Board has to do with an annexation that he was involved in about 5 years ago. He stated that after he has read about some of the financial issues, that he wants to make sure that the money that he and some other business owners paid is being used, as it should be and that it is earning interest. He stated that with the Oil Lube going in that the recapture should be starting. Mayor Maravelas asked if his payment was made by check or electronic fund transfer. Mr. Gebert stated that he paid by check and that he is not saying that the money is gone, but that as a taxpayer that he had concerns.

Mayor Maravelas stated that Mr. Gebert had a great property that was brought into the Village.

Mr. Gebert stated that as a businessman and a resident that he would be honored to give his time to an ad hoc committee. He also stated that any time that the citizens can and want to help that it is a win-win situation. He provided a letter to Mayor Maravelas and told him it was for his consideration if the ad hoc committee came to fruition.

Mr. Gebert also stated that it has been three years that the Mayor has been in office and that the administration is doing a super job, but the financial situation needs to get under control. He stated that he has a fear that money might be going in places that the Village is unaware of.

Mayor Maravelas stated that the Village would be hiring someone with experience, a CPA that has knowledge and professionalism. He stated that the Village is in the situation that it is because the Village did not hire professional and experienced people. He stated that he would not allow this to continue and that policies must be changed. He stated that he does not agree with creating an ad hoc committee.

Mr. Gebert stated that he feels that the $25,000 that was approved by the Board to implement the findings from the Goldberg, Mechales, Charneske and Schiffman (GMCS) report is not enough money to hire a qualified individual.

Mayor Maravleas reiterated that the Village is in the situation it is because qualified people were not hired in the past.

Mr. Gebert summarized by saying that a half a million dollars was provided for the recapture agreement and he is asking that the agreement be honored. He stated that when the Oil Lube is completed that the agreement needs to be fulfilled and the money on the recapture agreement needs to go back to the people. He finished by saying that they should get heads together to create ideas.

Eric Roe – Eric Roe, of Little Silver Lake, stated that he wanted to talk about a quality of life issue – a water pollution issue. He stated that there has been an ongoing problem with water contaminating Little Silver Lake, from Village property.

He also stated that he read in the paper that some of the money that will be refunded from SMC will go to sediment control and finally that he received a letter regarding modifications to the third retention pond in Pine Hill Lakes.

Mayor Maravelas asked Engineer Nyberg to respond. Engineer Nyberg stated that he and Mr. Roe have already discussed the silt situation and that the money from SMC indirectly affects Little Silver Lake.

Director Silhan stated that the letter Mr. Roe received is in relation to a requirement that was a part of the original Pine Hill Lakes ordinance and that the previous president of the Little Silver Lake Association was aware of the requirement. He stated that he copied Mr. Roe on the letter, to the developer, since this issue has been outstanding for a while.

Mr. Roe stated that he did not understand the benefit of putting in gravel. Director Silhan stated that it was his understanding that it was meant to be erosion control. Mr. Roe asked if it was engineered. Engineer Nyberg responded that it was not up to the Village’s satisfaction. He then explained how the erosion control would work.

Mr. Roe asked if it was typical to have a developer do this type of work on another person’s property and asked if the Village would be inspecting the procedure. Engineer Nyberg responded that the Village would be involved and already has been.

Mr. Roe stated that he became aware of a 7-acre parcel that does not have any storm water retention. He stated that Mr. Little, the property owner, told him that Director Silhan told him that it was not required for his property. He stated that he was confused, because he has reports that the current retention ponds are failing. Engineer Nyberg said he would need to see copies of the reports.

Mr. Roe then asked if anything was going to be done with Windmill Creek. Engineer Nyberg stated that there is a plan in place; it’s just a matter of determining if it will be contracted out or performed by the Village.

Mr. Roe stated his last issue was regarding the water pollution from Scarsdale. He referenced the Wal-Mart article in the newspaper regarding pollution. He asked for the Village’s help. Mayor Maravleas stated that any Village intervention would have to go before the Board.

Trustee Pierce stated that when all of the issues had been discussed with SMC, last fall, that they asked to see the projects for Little Silver Lake. He stated that he hoped to get more information this spring and would let Mr. Roe know what he finds out. He also stated that in the letter to SMC one of the items being considered was Little Silver Lake, but that it was not a commitment. He did say that everyone was committed to making sure the water quality is as best as possible. Mr. Roe stated that he would like to see what the law requires and that he has not seen that with this administration. Trustee Pierce stated that there has been more action with SMC and the Village in the past two years then before. He also stated that the Village has spent a lot of time and wants to spend a lot of time on the projects from SMC.

Trustee Pierce read a letter, addressed to Mayor Maravelas, from SMC regarding the reimbursement of expenses for the Sequoit Creek floodplain technical review. After reading the letter, he stated that both the Village and SMC are working on the issues with Little Silver Lake.

Mr. Roe asked about Wal-Mart being shut down because of water quality violations. Mayor Maravelas asked Engineer Nyberg to comment. Engineer Nyberg stated that there was silt running off of the temporary pond into the wetlands. He stated that once the Village found out that they contacted SMC and shut off the pipe at the Wal-Mart site. He stated that Wal-Mart has since implemented a new filtration system and that the water running out is clear.

Mr. Roe stated that the pollution coming off the site was around 448 milligrams per liter and that last year they recorded 2200 milligrams per liter at Hillcrest School.

Trustee Pierce responded that the school property is not Village property and that these issues should be addressed with the School Board. Attorney Long stated that the schools are governed by the state school code. Mr. Roe stated that it is within the Village’s jurisdiction, per his understanding. He asked if the Village is a NPDES. Engineer Nyberg stated the community is under those rules, but whether the Village is the enforcement agency for the school it self is questionable. He stated that the IEPA has ultimate authority and stated the Mr. Roe should contact them.

PLANNING, ZONING AND BUILDING Corridor Study and Moratorium – Trustee Turner stated that there was a committee recommendation from a March 11, 2004 meeting regarding the downtown Rte. 83 corridor study and the development moratorium.

Director Silhan stated that the Planning, Zoning and Building committee met last Thursday regarding this matter. He also stated that last August the Board approved ordinance number 03-08-35, the moratorium and the planning for Rte. 83 and downtown. The moratorium and planning period was from October 1st 2003 through March 31st 2004. The contract was for a total amount of $104,000; the Village would pay for $14,000 and the remainder would be paid through an anticipated State of Illinois grant for $90,000. He stated that it appears that the state will not be providing the grant.

Director Silhan stated that there are a couple of property owners, within the moratorium area, wanting to petition for zoning relief. Based on that fact, he stated that he recommended to the committee that the moratorium period be concluded or be allowed to expire. This would allow for any petitions to be filed and heard. He stated that he would ask that this be considered temporary, so this important planning could be considered for funding for the upcoming fiscal year.

Trustee Turner made a motion to allow ordinance 03-08-35 to expire, with the understanding that pending budget approval that the moratorium and the study be reinstated in the next fiscal year. Trustee Larson seconded the motion.

Trustee Caulfield asked if it would be as though the moratorium never existed. He also asked what conditions would they be operating under. Trustee Turner stated that it would be lifted.

Trustee Caulfield asked if there is required noticed to reinstate it. Attorney Long responded that a new ordinance would be needed.

Trustee Caulfield asked if the motion to reinstate it is valid. He stated that a new ordinance would be needed, so basically the only thing that is happening is that the moratorium is expiring on March 31, 2004. He also stated that the motion really isn’t needed if the ordinance has the expiration date within it. Trustee Turner stated that what she was saying is that if there is funding they want to reinstate it.

Director Silhan explained that he was requesting that the moratorium be ended since the ordinance did have the option of an extension.

Attorney Long stated that they reason for taking action would be to allow anyone, that might want to be on the Planning and Zoning Board agenda for April, the time to petition.

Trustee Porch asked Senior Planner Sakas if there is any other grant money that could be applied for. Senior Planner Sakas stated that there is a grant from ComEd, but that it is for a small amount.

Trustee Caulfield stated that he would have trouble voting positively for this, since he feels that there are two separate issues. Trustee Turner stated that the moratorium needs to be lifted.

Trustee Larson stated that the intention was to let the community know that the Village thinks this is a worthwhile project and if there is funding available that it will be worth looking into again.

Trustee Turner stated that if it is reinstated a new ordinance will be needed.

Trustee Larson asked if the motion was to let the ordinance expire. Trustee Turner read the ordinance again. Trustee Porch stated that she wanted to verify if the moratorium was being lifted or being allowed to expire. Trustee Turner stated that the moratorium would be lifted that evening, if the motion is passed. Attorney Long stated that the wording should be to repeal the ordinance this night.

Trustee Larson stated that she withdrew her motion. Attorney Long stated that votes had been cast and that they had to be withdrawn first. Both Trustee Pierce and Trustee Larson withdrew their votes.

Trustee Turner made a motion to repeal the moratorium as of March 15, 2004, effective immediately. Trustee Larson seconded the motion. On roll call, the vote was:

YES: 3: Larson, Porch and Turner
NO: 4: Pierce, Caulfield, Hanson and Maravelas*
THE MOTION FAILED

* In the case of a tie, the Mayor has the right to vote.

Summer Planning Intern – Trustee Turner made a motion to table this item and Trustee Porch seconded it. On roll call, the vote was:

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

PZB 04-01 – Trustee Turner moved to approve PZB 04-01 on the positive recommendation of the Planning and Zoning Board and Staff. Trustee Pierce seconded the motion. On roll call, the vote was:

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

INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Redevelopment Commission – Trustee Porch stated that she wanted to address a question that came before the Board during the last meeting. She stated that the term for the Redevelopment Committee is a life term, unless the Mayor and the Board of Trustees change it. Mayor Maravelas stated that the membership was changed in 1991. Trustee Porch stated that the question was what the term length is and she responded that it is a life term.

Other Business --Trustee Porch asked if the Village is working on updating the TIF reports that have to be filed with the state. Mayor Maravelas responded that it will be discussed under Finance.

FINANCE AND ADMINISTRATOR Invoices over $10,000 – Trustee Caulfield made a motion to authorize an invoice for Smith Engineering Consultants, Inc. in the amount of $12,544.65 for the Deercrest/New Haven project. Trustee Porch seconded the motion.

Trustee Larson asked if this payment was out of the escrow. Trustee Caulfield responded that it was.

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

Mayor Maravelas reminded Trustee Larson of the change that the Village Board made to separate the 4% from engineering. Previously, all of it went into escrow and now 2% goes to the Village and 2% goes into the escrow.

Accounts Payable – Trustee Caulfield motioned to authorize payment of the remaining accounts payable in the amount of $180,143.43, as prepared by Village Staff. Trustee Hanson seconded the motion. On roll call, the vote was:

YES: 3: Caulfield, Porch and Hanson
NO: 2: Pierce, Larson

PASS: 1: Turner
THE MOTION CARRIED

Trustee Caulfield stated that he was curious as to if there were questions on the accounts payable. Trustee Pierce stated that he had questions and that he did not get a chance to meet with Trustee Caulfield before the meeting to discuss them. In particular he had a question on check 39103, to Account Temps. He asked if this amount was being paid from the $25,000 that the Board authorized for implementing the findings from GMCS. Administrator Probst responded that was not his intention.

Trustee Pierce also questioned check 39115, to the Antioch Fire Fighters Association. He asked if something was being split with the association or if this was the annual donation made to the association. Trustee Caulfield responded that he was not aware of a donation being made and that there were some expenses.

Trustee Pierce stated he had more questions and asked Trustee Caulfield if he wanted to look at his list. Trustee Caulfield responded that he did.

Manual Checks – Trustee Caulfield motioned to approve the manual checks written to date for the water and sewer account in the amount of $104,053.69, the payroll account in the amount of $14,497.91, the Dolly Spiering Fund in the amount of $2,899.49 and the general account in the amount of $531,913.50. Trustee Hanson seconded the motion.

Trustee Larson inquired about the damaged vehicle. Trustee Hanson stated that he thought it was for a squad car. Chief Fagan added that a squad car was damaged and it was around $3000.00. Trustee Larson asked if there was an officer involved in an accident. Chief Fagan responded that an officer was involved in a private property accident.

On roll call, the vote was:
YES: 6: Caulfield, Porch, Hanson and Maravelas*
NO: 0:
PASS: 3: Pierce, Larson and Turner
THE MOTION CARRIED

* In the case of a tie, the Mayor has the right to vote.

Escrow Invoices – Trustee Caulfield stated that this information was previously requested by a Trustee and is for information purposes only.

January Financial Statement – Trustee Caulfield made a motion to accept into record the January Financial Statement. Trustee Porch seconded the motion.

Trustee Pierce asked, since the report was in a new format, if there could be a Finance and Administrator Committee meeting to go over the report. He stated the he had trouble finding some of the funds and with the general flow of the report. Trustee Caulfield stated that he would be happy to go over the report and that a committee meeting was a good idea.

Trustee Larson stated that the Dolly Spiering jumped out at her. She asked if this was a partial report, because she did not see the CD on here. Trustee Caulfield stated that it was an analysis of cash and does not include investments.

Administrator Probst explained that this was a last minute report that the temporary accountant put together. He stated that a new report was going to be put together and provided to the Trustees within the next few days.

Trustee Porch suggested that the Finance and Administrator Committee meeting be held off until after the new report is generated.

Trustee Porch withdrew her second since Administrator Probst stated this isn’t an accurate portrayal. Trustee Caulfield withdrew his motion.

Other Business – Trustee Caulfield stated that he wanted to commend Mr. Collins, the temporary account, for doing a wonderful job considering the circumstances. He stated the he also wanted to commend Administrator Probst given the limited resources and tight hands in trying to deal with this very serious financial issue.

Other Business – Mayor Maravelas asked Trustee Caulfield to discuss the TIF Reporting Status Report. Trustee Caulfield read a letter from June M. Talamantez, the TIF Coordinator for the Local Government Division. After he finished reading the letter, Trustee Caulfield sated that it was his understanding that the reports had been filed. He stated that Administrator Probst is working with the auditor to get this issue straightened out.

Trustee Larson asked if the report in 2001 was filed. Trustee Caulfield stated that is what the report indicates.

Other Business – Trustee Porch requested that the agenda be changed to remove the Village Treasurer, since there is no longer a Village Treasurer. Attorney Long suggested replacing Treasurer with staff.

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES Avalon Petroleum Company – Trustee Hanson read a letter of acknowledgement from Avalon Petroleum Company. He explained that the letter discussed the diesel spill that occurred on Monday, February 9, 2004 and the appreciation that Avalon Petroleum had for the Fire and Street departments, as well as the Mayor. He stated that he was also very pleased with the quickness to respond to the situation and the great skills that the Village Staff and Fire Department portrayed.

Approval of East Sub Sewer Rates – Trustee Hanson tabled this item, since the necessary information was not received in time for the Trustees to review before the meeting.

Approval of bond ordinance for Sewer Lining and Sanitary Sewer Rehabilitation – Trustee Hanson tabled this item, since the necessary information was not received in time for the Trustees to review before the meeting.

Scooter Ordinance – Trustee Hanson stated that there was a committee meeting last week, where this ordinance was discussed. He stated that he was not sure if all concerns regarding this ordinance had been resolved and if they had not been, that he suggest that the ordinance be tabled. Trustee Pierce stated that he still had questions and that he would like to discuss them further. Trustee Hanson stated that this ordinance would be tabled.

Ordinance No 04-03-07 – Trustee Hanson stated that this disorderly conduct ordinance also was discussed in committee last week and that he didn’t think there was much concern with this ordinance since it is giving the school discretion. He made a motion, seconded by Trustee Pierce, to pass as presented an ordinance entitled, AN ORDINANCE AMENDING 6-2-3-1 OF THE MUNICIPAL CODE OF ANTIOCH BY DEFINING FIGHTING AS DISORDERLY CONDUCT.

Trustee Caulfield asked that the ordinance be read. Attorney Long read the amended section of the ordinance.

Trustee Caulfield asked if a person responds, in defense, to an attack if that person would be in violation of the ordinance. Attorney Long stated that the chances are good that if the person is defending themselves that they wouldn’t be charged. He stated that typically both persons are in court, since it is up to the Judge to decide not a Police Officer, who started the fight and why.

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

Traffic Code Ordinance – Trustee Hanson stated that this ordinance was also discussed in committee and that he was not sure if all of the questions related to this ordinance had been addressed. Trustee Larson stated that she had a lot of questions and would like it tabled. Trustee Hanson stated that it was tabled.

Ordinance No 04-03-08 – Attorney Long read the appropriate section of the ordinance. Trustee Hanson made a motion, seconded by Trustee Porch to pass as presented an ordinance entitled, AN ORDINANCE AMENDING CHAPTER 6-3 OF THE MUNICIPAL CODE OF ANTIOCH REVISING CURFEW RULES, REGULATIONS AND PENALTY PROVISIONS.

Trustee Porch stated that most parents call their children’s absences into the school and asked if this meant that parents now had to write the school a letter. Attorney Long stated that if the child was wandering around town, while absent, that the child should have a note.

Trustee Porch asked if the child would be ticketed for walking to a doctor’s appointment, since the parents called the school.

Chief Fagan stated that the ordinance gives the school the power to get the kids back to school. He stated that the police officers have discretion when charging a person and that this is aimed at habitual offenders.

Trustee Pierce asked if a child is caught skipping school, if the school disciplines the children. He stated that the police officers should not have to do the school’s job. Trustee Hanson stated that right now, the school can’t stop them. Trustee Pierce stated that he thinks that the school should handle their business and the Village should handle their own business.

Ordinance No 04-03-08 cont’d – Chief Fagan stated that this ordinance was worked on with the schools.

Trustee Turner stated that this is aimed at chronic children. Chief Fagan agreed. Trustee Turner stated that this goes above and beyond what the schools do.

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

PARKS AND LICENSE Eggcellent Easter Adventure – Trustee Larson explained that the Parks department is having an Easter Parade and Egg hunt on Saturday, April 10, 2004 and that the parade will begin at 10:30 am.

Trustee Porch asked if Main Street is being closed for the parade and if so, if a resolution is needed. Trustee Larson stated that the resolution was already passed and that this was just informational.

Park Impact Fees – Trustee Larson stated that she wanted to discuss creating a separate account for the park impact fees. She stated that the Park Board is interested in knowing how much money they have, not on paper but in actuality. They want to know this because they are interested in purchasing land for a pool. She also stated that citizens want better parks and they want to be able to make park improvements. She asked that it please be considered to separate the park impact fees into a separate account.

Administrator Probst stated that this is already being looked into and that are starting with the most critical funds first. He stated that the escrow had just been separated and that the same thing will be done with the park impact fees within the next month.

Trustee Larson stated that she wanted assurances that the park impact fees will not be used for anything else. Administrator Probst stated that was the intention behind separating the accounts, to ensure that funds aren’t commingled, but that it is going to take some time.

Mayor Maravelas stated that this is another reason why the Village needs a Finance Director. He also stated that for years that the bookkeeping had been done wrong and that they are trying very hard to correct everything.

Trustee Hanson stated that Administrator Probst is working on this night and day and that Trustee Caulfield recognized these issues three years ago and discussed them and no one wanted to listen. He also stated that the Board only approved $25,000 for the implementation of the GMCS study. Now all of a sudden everyone is concerned by this financial situation. He stated that the Administrator and the Finance and Administrator committee are trying to resolve the issues. He stated that past employees are being crucified and it wasn’t necessarily their fault and that specialists are needed to help resolve the issues. He also stated that the Trustees are responsible for finance and that the only ones that can really be blamed are the Trustees. Trustee Larson stated that is why she is asking for it to be changed.

Trustee Caulfield summarized by saying that what Trustee Larson is asking for is the consistent with the direction that the finances are moving in.

Attorney Long stated that he has gotten involved and the law does require that the fees are separated into separate accounts.

Other Business – Trustee Larson stated that there is going to be a joint Village and Township Park committee meeting on Wednesday, April 7, 2004 at 6:30 pm, in the Board Room at the Village Hall. The purpose of the meeting is to discuss the development of the joint park on Depot Street. She stated she was bringing the meeting up, so that any of the newspaper reporters present were aware of the meeting, in case they wanted to do a press release.

Other Business – Trustee Larson stated that she requested a discussion on the ad hoc committee to be added to the agenda, under the Finance and Administrator Committee. She stated that at the last meeting she brought it up without it being on the agenda and she was uncomfortable doing so. She stated that is why she asked Clerk Monroe to put it on the agenda for this meeting. She stated that she was told that that the Mayor and Trustee Caulfield asked for it to be taken off of the agenda. She also stated that as a Trustee, she has a right to discuss any item, publicly, that she feels is relevant. She feels that the ad hoc committee is a very important matter and that there are a lot of citizens that would like to be involved. She stated that she is formally asking that this item be added to the next agenda so that there can be discussion and she can get input from the other Trustees.

ENGINEERING AND SENIOR SERVICES SMC Letter – Trustee Pierce read a letter to Stormwater Management Commission (SMC), from the Mayor, formally requesting technical assistance from SMC for the purpose of cleaning up Sequoit Creek. He stated that the letter would be sent to SMC as soon as the Mayor signs it.

SMC Memo – Trustee Pierce stated that there was a staff memo regarding the SMC meeting on March 4, 2004. He stated that SMC is going to expand the review of the Sequoit Creek floodplain study. Village Staff asked SMC to include in their policies and procedures setting up a memorandum of understanding to set up a period of time that allows for possible problems to be mitigated. SMC did not make any comments on this item. The final discussion point was the reimbursement for the Village of Antioch’s expenses.

Other Business – Trustee Pierce stated that last week that he got a phone call implying that he does not vote correctly or act in the correct political manner and that he does not have a political future. He stated that he will vote in the manner he fells and the politics will take care of itself.

Other Business – Trustee Pierce stated that he also would like to see the ad hoc committee put on the agenda for next week.

Mayor Maravelas stated that Trustee Larson asked Clerk Monroe to add the ad hoc committee to the agenda. He stated that Clerk Monroe knew that the only ones that could approve the agenda are the Mayor and the Administrator. He also stated that he asked Trustee Larson to meet with him so he could discuss this item. Trustee Larson stated that she was not able to meet the Mayor and she did call him and let him know that she was unable to meet.

Trustee Larson stated that she asked Clerk Monroe to add the item at a committee meeting two days before the agenda is put together. She stated that the ad hoc committee is for the good of the community.

Trustee Pierce stated that he would like it to be on the agenda for the next Board meeting.

Mayor Maravelas stated that you just don’t bring in individuals off of the street to do CPA work, that professionals are needed to resolve these issues.

Trustee Pierce suggested that this be discussed at the next Board meeting. Mayor Maravelas asked why Trustee Pierce interrupted him. Trustee Pierce stated he wanted to stop the Mayor before he insulted the citizens of the Village of Antioch.

Mayor Maravelas asked why when the Chairman of Finance and Administrator Committee requested to bring professional, experienced people to help out the Trustees did not approve the request.

Trustee Pierce stated that Mayor Maravelas has made comments about the Trustees wanting to hide information. He asked the Mayor why he is trying to keep the books from the public and what he is trying to hide.

Trustee Hanson stated that everyone appreciates the citizen’s help, but that this goes beyond the type of help that the Village has received from the citizens in the past. He stated that these are very technical circumstances that require specialized training. He stated that there is an accountant working on this information already and he is struggling even thought he works on this every single day. He stated that the same mistakes have been repeated in the past. He stated that the Treasurer wasn’t doing the correct things because she didn’t understand how to do them. She thought she knew how to do it correctly, but she didn’t. He stated that he was shocked to find out how things were being done when he got the GMCS report.

Trustee Larson stated that she is more shocked that Administrator Probst asked that this be kept from the public and the media. She stated that this is a document that is or will be a public document and it was asked that it be swept under the rug. She also stated that an audit was completed and sent back with out the Board seeing it.

Mayor Maravelas stated that he sent all the documents to the newspapers. Trustee Larson asked if that included the audit. Mayor Maravelas responded that the audit was sent. Trustee Larson stated that she did not get a copy. Trustee Turner asked if it was sent before the Board saw it. Mayor Maravelas stated it was after the Board saw it. Trustee Hanson stated that the Trustees got a copy of the audit.

Trustee Larson asked why the audit was refused.

Trustee Hanson stated that everyone is arguing about something they don’t understand and that is why the Village needs help.

Trustee Caulfield stated that his job as finance chair is to ask questions and he spent the first couple of years in the same storm as everyone in the Village. He stated that there was no money, lawsuits from developers and missing or misspent funds. The Board was taking the steps that they felt were necessary to rectify the problems. He stated that over the course of time he became suspicious that things still weren’t correct and he asked the Board to approve the GMCS study. He stated that as a result of the study recommendations were made and he can’t get approval from the Board to fully implement the findings. Based on the fact that people with degrees and experience are having trouble getting to the bottom of the issues, he doesn’t feel that an ad hoc committee of citizens is a very productive way to get the problems resolved. He also stated that he does not understand why everyone is avoiding the study and trying to get the answers from somewhere else.

Trustee Turner stated that she thinks that Trustee Larson was stating that there are many professionals in the Village that maybe willing to help out.

Trustee Larson stated she is not questioning the study; there were many valid points in the study. She stated what she is questioning is the money that is being spent to implement the findings, that there may be less expensive ways to implement them. She stated that there are accountants, CPAs, bankers and investment bankers that might be able to give the Village input. She also stated that when the community gets involved they have a sense of ownership in the end result.

Trustee Caulfield asked what the community thinks of a Board that spends money to commit to a study and doesn’t take the advice from the study to implement the changes. He stated it’s as though the Trustees don’t like the answer so they are trying to get a different answer.

Trustee Caulfield stated that there is already a plan and the Administrator is trying to work through this with the limited resources that he has. He stated that Administrator Probst is not letting the limited resources stop him.

Trustee Pierce stated that he thinks there needs to be a discussion on what the ad hoc committee would do. He stated that there are people in the community that can look at the report and tell them what they need professionals for and what the community could do for the Village at no cost.

Trustee Hanson stated that the Village already has an Administrator that can do that. He also stated that the administrator has a masters degree in administration and is already telling the Finance and Administrator Committee what professionals are needed for.

Trustee Pierce stated that the Board is asking for up to $250,000 for the specialists when the members of the community can work on the minor stuff so the Village can concentrate on the important things. He stated that they are not trying to impede the Village; that they are only trying to work out a way to implement the findings in the best way for the Village.

Trustee Turner stated that everyone wants the same outcome but that there are different ideas of how to get there.

Mayor Maravelas stated that he feels that the Board is not working very hard to get the finances under control.

Other Business – Trustee Porch stated that under every committee, on the agenda, is the item of other business. She asked Attorney Long what can be discussed under other business – other business? Attorney Long responded by saying “Pretty much”.

ATTORNEY Ordinance No 04-03-09 – Attorney Long read the ordinance 04-03-09. A motion was made by Trustee Hanson and seconded by Trustee Pierce, to approve an ordinance entitled, AN ORDINANCE FORMALLY ADOPTING THE ZONING MAP 2004 FOR THE VILLAGE OF ANTIOCH.

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

Ordinance No 04-03-10 – Attorney Long stated that the next item is an ordinance approving the final plat of the re-subdivision of lots 4 through 20 in Antioch Hills Subdivision, on Buena Terrace and that the first reading was March 1, 2004. Trustee Hanson asked if anything was changed. Senior Planner Sakas responded that the estimated engineers cost was changed.

A motion was made by Trustee Hanson and seconded by Trustee Caulfield, to approve an ordinance entitled, AN ORDINANCE APPROVING THE FINAL PLAT OF THE RE-SUBDIVISION OF LOTS 4 THROUGH 20 IN ANTIOCH HILLS SUBDIVISION.

Trustee Porch stated that the motion said as read on March 1, 2004 but there has been a revision. Trustee Hanson made a change to his motion stating that the ordinance was read on March 1, 2004 and that there was a change. Trustee Caulfield seconded the changed motion.

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

Ordinance No 04-03-11 – Attorney Long explained that the next item is the first reading of an ordinance approving the final plat of re-subdivision for Landmark Pointe Subdivision. He stated that it might be more effective to explain what was done. He stated that lots 2, 3, 14, 15, 16 and 17 were re-subdivided, which effectively reduces the density of the subdivision. He stated that the Planning and Zoning Board is recommending this ordinance. Trustee Larson made a motion, seconded by Trustee Caulfield, to pass as presented an ordinance entitled, ORDINANCE APPROVING THE FINAL PLAT OF RE-SUBDIVISION FOR LANDMARK POINTE SUBDIVISION, PZB 04-01.

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

Executive Session – Attorney Long stated that a Trustee requested an executive session for personnel and another for purchase of property. A motion was made by Trustee Porch for the Mayor and the Board of Trustees to move into executive session, with possible action to be taken. Attorney Long stated that action could not be taken unless it was on the agenda. Trustee Porch changed her motion to having the Mayor and the Board of Trustees to move into executive session at 10:15 pm. Trustee Caulfield seconded the motion. On roll call, the vote was:

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

Return – Trustee Larson made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 11:03, with no action taken. Trustee Porch seconded the motion. On roll call, the vote was:

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

ADJOURNMENT A motion was made by Trustee Larson and seconded by Trustee Pierce to adjourn the regular meeting of the Board of Trustees at 11:04 pm.
 
Respectfully submitted,

____________________

Amy S. Monroe, Village Clerk

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