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, AUGUST 18, 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 7:35 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, and Village Clerk, Cathy Nelson.
C. APPROVAL OF MINUTES
It was moved by Trustee Falbe, seconded by Trustee Armstrong that the following minutes by approved with the notation of a typographical error on page 2, line 2, of the
July 1, 2009 Special Meeting Minutes ( its rather than it’s):
Special Village Board Meeting, June 16, 2009
Special Village Board Meeting, July 1, 2009
Regular Village Board Meeting, July 21, 2009
Upon a call of the roll, the following voted:
Aye: Trustees, Armstrong, Brennan, Falbe, Maier, Nicholson, and Tindall.
Nay: None.
D. APPROVAL OF BILLS
1. Bills submitted for payment:
Deputy Treasurer Fairman presented bills for payment in the amount of $308,960.60.
It was moved by Chairman Maier seconded by Trustee Armstrong that the bills be approved as presented by the Deputy Treasurer during this meeting; with the
Minutes of the Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 2 of 10
exception of the Clarke, bill which has been revised down to $2,800.00 and the Mahler invoice from which $2,000 will be withheld until completion of project.
Upon a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson, 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
It was moved by Trustee Armstrong and seconded by Trustee Maier 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, Brennan, Falbe, Maier, Nicholson and Tindall
NAY: None
F. COMMUNICATIONS AND PETITIONS FROM THE PUBLIC
1. Citizens to be heard on items not listed elsewhere on this agenda.
a. Mettawa Open Land Association Update.
Cheryl Pytlarz, representing Mettawa Open Land Association informed the Board of an upcoming Annual Meeting of the Illinois State Audubon Meeting to be held at the Hilton Garden Inn on September 11 thru 13, 2009.
She then presented slides showing the changes in the Whippoorwill Farm
site from its beginning to the present.
3 of the 7 acres are pasture for hay, but it was recommended that due to the weather conditions this year, the cutting be deferred until 2010.
The Mayor thanked Ms. Pytlarz for her presentation and work for MOLA.
b. The Village Clerk read a letter from CDW employee, Janice Aull regarding the illegality of the “no turn” signs at the exits to Riverwoods Blvd.
The Mayor indicated that some of the signs had been taken down and after
discussion, the matter was referred to the Roads & Trails committee
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 3 of 10
G. COMMISSION AND COMMITTEE REPORTS
Mayor Ray requested that, in the future, only items that have been acted upon during Committee meetings be reported in this meeting.
1. Finance Committee
There is no report
2. Parks and Recreation Committee
Chairman Falbe reported that the committee was working on their first meeting including a joint session with the Mettawa Open Land Association.
3. Roads and Trails Committee
There is no report
4. Plan Commission
There is no report
5. Building Department Report
Trustee Tindall and Village Engineer circulated the monthly report
6. Zoning Board of Appeals
There is no report
7. Architectural Review Board
There is no report
8. Safety and Security Commission
There is no report.
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 4 of 10
H. BUSINESS FROM THE BOARD FOR DISCUSSION, CONSIDERATION AND, IF SO DETERMINED, ACTON UPON:
1. Mayor’s Report.
a. Appointments:
i Mayor Ray nominated the following to serve on the Safety and Security Commission effective August 19, 2009.
Jan Pink, Chairman 3 year term
Dr. Rick Kennison, Vice Chairman, 1 year term
Roberta Bohm, Secretary 3 year term
Diane Roth, Member 2 year term
Alan Shidler, Member 2 year term
It was moved by Trustee Nicholson, seconded by Trustee Armstrong to advise and consent to the Mayor’s appointments to the Safety & Security Commission.
After a call of the roll the following voted:
Aye: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson, Tindall
Nay: none
Mayor Ray declared the motion carried.
ii. Mayor Ray nominated the following to serve on the Building Code Board of Appeals effective August 19, 2009:
Tim Towne, Chairman 2 year term
Rick Vaneslow, Member 1 year term
Jeff Clark, Member coincidental to his term on the Plan Commission
It was moved by Trustee Armstrong, seconded by Trustee Maier to
advise and consent to the Mayor’s appointments to the Building Code Board of Appeals.
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 5 of 10
After a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson, and Tindall
Nay: None
The Mayor declared the motion carried.
b. Other Matters
i. Sound Walls
Mayor Ray updated the Board that progress is being made with the Tollway in regard to replacing damaged sound walls, landscaping to help with site and sound issues, and replacement of damaged light shields.
ii. Sewer
Mayor Ray informed the Board that Millenium was in default regarding payment of its sewer share and asked for a motion to approve theVillage Attorney’s to go to court.
It was moved by Trustee Tindall, seconded by Trustee Falbe that the motion be amended to include instructing the County to cash the Village check and to proceed with releasing the sewer contract.
After discussion and a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe and Tindall
Nay: Trustees Armstrong, Maier, Nicholson and Mayor Ray.
Mayor Ray declared the motion failed.
Mayor Ray stated that further discussion on the Millineum Sewer issue be tabled until after the Executive Session.
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 6 of 10
iii. Church Property
It was moved by Trustee Maier, seconded by Trustee Brennan that a $600.00 maintenance payment be made to St. Basil Church Community Center
in consideration of the meetings the Village has held in the facility this year.
Upon a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson, and Tindall
Mayor Ray declared the motion passed.
iv. Antenna on CDW
Nothing to report
v. Snow Plowing
Research and bid recommendations referred to the Roads & Trails Committee.
vi. Salt Purchase.
Research and bid recommendations referred to the Roads & Trails Committee.
vii. Paper usage
Research and recommendations on cutting down on paper use referred to the Village Clerk.
viii. Proposed Information Kiosk on the S.W. corner of Bradley & Riverwoods Blvd.
Research and recommendation referred to Trustee Tindall and the Building committee.
ix. Mayor Ray informed the Board that the Village Clerk would begin drawing the salary approved by the Board of $1,916.67 retroactive to July 1, 2009,
after 2 months of volunteer service.
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 7 of 10
2. New Business
a. Hay Storage
Nothing to report
b. Road Patching.
Village Engineer, Scott Anderson presented a proposal for bidding road patching in the Village to take place over the next 2 years. The total estimated cost was $160,503.72.
After discussion, it was moved by Trustee Tindall, seconded by Anderson be given approval to proceed.
After a call of the roll, the following voted:
Aye: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson, and Tindall
Nay: None
Mayor Ray declared the motion carried.
3. Unfinished business
a. Tax Rebate
For information only: Ordinance No. 633 sets aside $86,000.00 for a tax refund.
b. Mosquito spraying – proposal from Clarke Mosquito Control
Clarke’s proposal was presented for information only. No action taken at this time.
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 8 of 10
c. Video Gambling
After presentation and discussion of the Village survey results, it was the consensus of the Village Board that the Village Attorney draft an ordinance prohibiting Video Gambling in Mettawa
d. Mowing of roadways
Referred to Roads & Trails Committee for recommendation on number of cuttings and bidders.
e. Fence at Riverwoods/Bradley
No discussion or action taken.
I. EXECUTIVE SESSION
It was moved by Trustee Maier, seconded by Trustee Armstrong that, in accordance with Sections 2(c)(21) of the Open Meetings Act, the Board adjourn to Executive Session for the purposes of discussing Pending Litigation.
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 and the meeting recessed to Executive Session at 9:07 P.M.
CALL TO ORDER AND ROLL CALL
At 10:33 P.M. the Mayor reconvened and called to order the public portion of the meeting.
Upon a call of the roll, the following were:
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 9 of 10
Present: Trustees Armstrong Brennan, Falbe, Maier, Nicholson, Tindall and Mayor Ray
Absent: None
Mayor Ray declared a quorum present.
It was moved by Trustee Tindall, seconded by Trustee Nicholson that if the amendment to the Costco Sales Contract/Development Agreement is satisfactory in substance to Mayor Ray and Trustee Nicholson and the form thereof is approved by the Village Attorney, then Mayor Ray is authorized hereby to sign and the Village Clerk is authorized to attest his signature upon the amendment to the Sales Contract/Development Agreement; and that Raysa & Zimmermann LLC is authorized hereby to forward its letter to Assistant State’s Attorney Jasica to withdraw its June 26, 2009 letter and request the County to cash the Village check for 1,060,000.00 and let the contract for the New Force Main with the further understanding that Raysa & Zimmermann is authorized hereby to go to Court to seek to have Millineum held in contempt for failure to pay its share per the Agreed Order.
After a call of the roll, the following voted:
Aye: Trustees, Armstrong, Brennan, Falbe, Maier, Nicholson, and Tindall
Nay: None.
Mayor Ray declared the motion carried.
J ITEMS TO BE REFERRED.
None were listed on the agenda
K. FOR INFORMATION ONLY
1. Finance Committee meeting minutes
2. Roads & Trails Committee meeting minutes.
Minutes of Regular Meeting
Mayor and Board of Trustees
August 18, 2009
Page 10 of 10
L. ADJOURNMENT
With no further business to conduct, it was moved by Trustee Nicholson, seconded by Trustee Brennan that the meeting by adjourned.
Upon a call of the roll, the following voted:
AYE: Trustees Armstrong, Falbe, Maier, Nicholson, Tindall
NAY: None
Mayor Ray declared the motion carried and the meeting adjourned at 10:55 P.M.
__________________________________ Cathy Nelson, Village Clerk
