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Board Minutes – September 15, 2009

October 29th, 2009

MINUTES OF THE REGULAR MEETING OF THE MAYOR AND THE BOARD OF TRUSTEES FOR THE VILLAGE OF METTAWA, LAKE COUNTY, ILLINOIS, HELD AT THE HOUR OF 7:30 P.M. ON TUESDAY, SEPTEMBER 15, 2009 IN THE COTTONWOOD ROOM OF THE HILTON GARDEN INN HOTEL,

26225 N. RIVERWOODS ROAD, METTAWA, ILLINOIS

A. CALL TO ORDER

Mayor Ray called the meeting to order at 7:45 P.M.

B. Upon a call of the roll, the following members were:

Present: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier, Tindall; and

Mayor Ray.

Absent: None

The Mayor declared a quorum present.

Also present: Village Attorney John Zimmermann of the firm of Raysa & Zimmermann, LLC; Scott Anderson, representative of the firm of James Anderson & Co., Village Engineers; Deputy Treasurer David Fairman, Village Treasurer Tom Lys; and Village Clerk, Cathy Nelson.

C. APPROVAL OF MINUTES

It was moved by Trustee Nicholson and seconded by Trustee Armstrong that the Minutes of the Regular Board Meeting of August 18, 2009 be approved.

Upon call of the roll, the following voted:

Aye: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson and Tindall

Nay: None.

Mayor Ray declared the motion carried and the Minutes approved.

D. APPROVAL OF BILLS

1. Bills submitted for payment:

It was moved by Trustee Maier and seconded by Trustee Nicholson that bills in the amount of $90.589.21 be approved as presented by the Deputy Treasurer during this meeting.

Minutes of Regular Meeting

Mayor and Board of Trustees

July 21 2009

Page 2 of 10

Upon a call of the roll, the following voted:

Aye: Trustees Armstrong Brennan, Falbe, Nicholson, Maier, and Tindall

Nay: None.

Mayor Ray declared the motion carried.

2. Other bills paid by the Village Treasurer in anticipation of this meeting:

None.

E. TREASURER’S REPORT

1. It was moved by Trustee Maier and seconded by Trustee Tindall that the Board acknowledge receipt of the Treasurer’s Report and place it on file.

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Falbe, Maier, Nicholson and Tindall

NAY: None

Mayor Ray declared the motion carried

2. Treasurer Lys presented his view of current economic trends.

3. Trustee Maier distributed to the Board a Cash Flow Projection and discussion ensued.

F. COMMUNICATIONS AND PETITIONS FROM THE PUBLIC

1. Citizens to be heard on items not listed elsewhere on this agenda.

a. Andy Cohen of 15329 Little St. Mary’s Road requested an update on Costco. Mayor stated that an update would be given later in the meeting under H-1-I (Mayor’s Report)

b. Cheryl Pytlatz of 103 Indian Ridge Road questioned the Tax Rebate

when the funds could be used for Village Services and to help keep it

it rural. Mayor explained the reasoning behind this year’s rebate and thanked Ms. Pytlarz for her comments.

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 3 of 10

2. Written Communications of Citizens to be Read.

a. A letter from the Mettawa Open Lands Association regarding their interest in the Riverwoods/Rt. 60 property was read by the Village Clerk and placed on file.

b. A letter from Battalion Chief Ron Echtenaher of the Lincolnshire-Riverwoods Fire Protection District was distributed by the Mayor outlining their interest in and requirements for using the Rt.60/Riverwoods Rd property for fire training purposes.

After discussion, the Board agreed unanimously with the written response of the Village Attorney denying this request.

G. COMMISSION AND COMMITTEE REPORTS FOR DISCUSSION. CONSIDERATION AND, IF SO DETERMINED, ACTION UPON:

1. Finance Committee

a. Additional Officers authorized to sign Village checks

Chairman Maier explained procedure for adding three additional Village officers to the signature card for the Village Checking account at the Northern Trust Bank.

Mayor Ray and the Board of Trustees unanimously consented to take a single Roll Call Vote on several items grouped together Under “Finance Committee,” and “Roads & Trails” for voting purposes under the designation “Omnibus Vote”:

It was moved by Trustee Armstrong, seconded by Trustee Falbe that items B thru E under “Finance Committee” be approved as presented.

b. Approval of Village Credit Card for Clerk.

Chairman Maier recommended a credit card be issued to Mayor Ray and Village Clerk Nelson for expenses with a limit of $1,000.00 per month.

OMNIBUS VOTE

c. Approval for Property Tax Exemption for Village Owned Property.

OMNIBUS VOTE

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 4 of 10

d. Village Services out for bid.

Chairman Maier recommended that the Village begin the process of putting

all Village services out for bid, starting with Engineering and Legal. Discussion ensued on bidding procedures and timeframes.

OMNIBUS VOTE

e. Tax revenue payable to Lake Forest.

Chairman Maier recommended investigating and settling the discrepancy regarding Oasis revenue sharing with Lake Forest.

OMNIBUS VOTE

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier, and Tindall

NAY: none

Mayor Ray declared the motion carried and the items under the Omnibus Vote approved and adopted.

2. Parks and Recreation Committee

Chairman Falbe informed the Board that the first meeting will be held on September 21, 2009 at 7:30 PM at The Hilton Garden Inn, Maple Room

3. Roads and Trails Committee

It was moved by Trustee Falbe, seconded by Trustee Maier that items A and E under Roads and Trails be approved as presented.

a. Fallen (dead) Tree on Bradley Road be removed at a cost of $400.00

OMNIBUS VOTE

b. Mowing of Roadways contract.

Trustee Armstrong recommended no more mowing this year but that a bid request be put out early next year.

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 5 of 10

c. Salt Purchase contract: Proposal and bids in October

d. Snow Plowing contract: Out for bid in October

e. $1,000.00 monthly approval for small expenses:

Transfer expenditure approval from Trustee Tindall to the Roads & Trails Committee members.

OMNIBUS VOTE

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier, and Tindall

NAY: None

Mayor Ray declared the motion carried and the items A and E under the Omnibus Vote approved and adopted.

4. Plan Commission

There is no report.

5. Building Department Report

The monthly report was circulated by Trustee Tindall and Village Engineer, Scott Anderson.

6. Zoning Board of Appeals

There is no report

7. Architectural Review Board

There is no report.

H. BUSINESS FROM THE BOARD FOR DISCUSSION, CONSIDERATION AND, IF SO DETERMINED, ACTON UPON:

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 6 of 10

1. Mayor’s Report.

a. Replace Trustee Falbe with Trustee Tindall as Mettawa Open Lands Association Board liaison.

It was moved by Trustee Armstrong, seconded by Trustee Maier to replace Trustee Falbe with Trustee Tindall as Mettawa Open Lands Association Board liaison.

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier, Tindall

NAY: None.

Mayor Ray declared the motion carried.

b. Mayor Ray updated the Board on the New Force Main sewer line.

The Village gave approval to The County to proceed and let the New Force Main Sewer contract.

c. Establish an ending time of 10:30 PM for Board meeting.

After discussion, it was moved by Trustee Armstrong, seconded by Trustee Maier the Board establish a 10:30 PM end time for Board meetings.

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier, Tindall

NAY: None.

Mayor Ray declared the motion carried.

d. Oasis site wall/light screening update.

Mayor Ray presented a drawing and detailed the landscaping which will be installed with the next 30 days. The Mayor informed the Board of his request to extend the site wall south to Emma Lane.

e. Satellite dish request in the Village.

The Mayor reported that a CDW request to put repeaters on their building in early works.

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 7of 10

f. Lake County Regional Critical Incident Partnership/Fire Protection:

The Mayor reported that the Village is now a member.

g. Detention Pond Improvement:

The Mayor reported on a meeting with HSBC and plans to apply for a grant to improve the pond at Riverwoods Blvd. and Bradley Rd.

h. Disaster Relief Application.

The Mayor reported that he was investigating the procedure to permit the Village to receive funds after a disaster has been declared.

i. Costco Update.

The Mayor updated the Board on the changes in the Costco agreement, and the two pending lawsuits.

j. New roads around the Lake Forest Oasis.

The Mayor reported updated the Board on a plan to open up an east Oasis access road using Field drive.

2. New Business:

a. Mettawa Open Lands Association management of the Pickell Gateway.

It was moved by Trustee Tindall, seconded by Trustee Brennan that, provided work is accomplished as depicted on the sketch provided by MOLA and as further defined by the diagram prepared by Manhard Consulting (collectively, the “Plans”, which were included in Hamilton Partners, Inc.’s August 27, 2009, letter to MOLA President, Cheryl Pytlarz), the Mayor and Board of Trustees support the Mettawa Open Lands Association (“MOLA”) stewardship of, and a license is given hereby to MOLA to enter upon and maintain as depicted on the Plans, the green space included within the Village-owned and/or controlled rights-of-way of Riverwoods Boulevard and Bradley Road which fall within the Bradley- Mettawa Gateway, contiguous to land owned and/or controlled by Hamilton Partners, Inc. and/or HSBC or their affiliated entities (collectively, the “Owners”) which land includes a portion of the Bradley- Mettawa Gateway; further conditioned upon the following:

1. That MOLA provide and maintain liability and casualty insurance and otherwise hold harmless the Village of Mettawa from any and all loss, liability, expenses, costs, lawsuits, claims, demands, and/or other damages in any way arising out of, and during the term of, this license;

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 8 of 10

2. That MOLA will be responsible for all maintenance of landscaping as well as any improvements that are installed by MOLA as shown on the Plans;

3. That any change to the Plans within these rights-of-way requires written approval of the Village Engineer prior to installation;

4. That the license granted hereby will terminate automatically and simultaneously with the termination of the stewardship arrangement between MOLA and the Owners; and

5. That MOLA’s acceptance of the above and foregoing shall be evidenced by its

undertaking of any part of the stewardship work described above or in the Plans.

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier and Tindall

NAY: None

Mayor Ray declared the motion carried.

b. Proposal from County Sherriff’s office for full-time officer.

No action taken

c. Review of Road Repair Bids and selection of bid for contract.

Trustee Armstrong submitted bids ranging from $179,000.00 to $246,000.00 with the recommendation to let contract to Pavetech at $179,000.00 for Village pavement patching.

After discussion it was moved by Trustee Tindall, seconded by Trustee Brennan to let the contract to Pavetech as the low responsible bidder for $179,000.00 as a fixed bid with the entire job to be done this year.

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier, and Tindall

NAY: None

Mayor Ray declared the motion carried.

3. Unfinished Business

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 9 of 10

Mayor Ray and the Board of Trustees unanimously consented to take a single Roll Call Vote on several items grouped together Under “Unfinished Business” for voting purposes under the designation “Omnibus Vote”:

It was moved by Trustee Armstrong, seconded by Trustee Maier that Items “a” thru “d” under “Unfinished Business” by approved as presented:

a. Ratification of the Mayor’s Action and Signing Contract with the Lake County SWAT Team.

OMNIBUS VOTE

b. An Ordinance Prohibiting Video Gaming

OMNIBUS VOTE

c. An Ordinance Amending the Traffic Code, Prohibiting Certain Turns

OMNIBUS VOTE

d. An Amendment to the Agreement with Mettawa Open Lands Association

OMNIBUS VOTE

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Brennan, Falbe, Nicholson, Maier, and Tindall

NAY: None

Mayor Ray declared the motion carried and the items under the Omnibus Vote approved and adopted.

e. Proposed Village Kiosk

Trustee Tindall presented a proposal for a Village Information Kiosk.

It was the consensus of the Board that no action should be taken at this time and the Mayor thanked Trustee Tindall for his efforts.

Minutes of Regular Meeting

Mayor and Board of Trustees

September 15, 2009

Page 10 of 10

f. Paper Usage

The Board asked Village Attorney Zimmermann to look into electronic notification of Board Meetings and distribution of information to Board Members rather than using the telephone poles.

I. EXECUTIVE SESSION

None held

J. ITEMS TO BE REFERRED

K. FOR INFORMATION ONLY

Nothing listed on the agenda

L. ADJOURNMENT.

With no further business to conduct, it was moved by Trustee Brennan, seconded by Trustee Maier that the meeting by adjourned.

Upon a call of the roll, the following voted:

AYE: Trustees Armstrong, Falbe, Maier, Nicholson, and Tindall

NAY: None

Mayor declared the motion carried and the meeting adjourned at 10:55 P.M.

_______________________________

Cathy Nelson, Village Clerk

Final 10-5-09