MINUTES OF THE REGULAR MEETING OF THE MAYOR AND THE BOARD OF TRUSTEES OF THE VILLAGE OF METTAWA, ILLINOIS, HELD AT THE HOUR OF 7:30 P.M. ON TUESDAY DECEMBER 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 7:30 P.M.
B. CALL OF THE ROLL
Upon a call of the roll, the following members were:
Present: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson and Tindall; and Mayor Ray
Absent: None
Mayor Ray declared a quorum present.
Also present: Treasurer Tom Lys, Deputy Treasurer David Fairman, Village Attorneys John Zimmermann and Michael Zimmermann from the firm of Raysa & Zimmermann LLC; Scott Anderson, representative of the firm of James Anderson Co., Village Engineers; and Cathy Nelson, Village Clerk.
C. APPROVAL OF MINUTES
It was moved by Trustee Maier, seconded by Trustee Tindall that the Minutes of the Regular Village Board Meeting, November 17, 2009 be approved as presented.
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 and the Minutes approved.
D. APPROVAL OF BILLS
1. Bills submitted for payment
Trustee Maier presented bills in the total amount of $190,841.63 and moved that they be approved and paid. Trustee Armstrong seconded the motion.
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.
No bills were submitted for payment.
E. TREASURER’S REPORT
1. It was moved by Trustee Maier and seconded by Trustee Nicholson 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.
Mayor Ray declared the motion carried.
2. It was moved by Trustee Maier and seconded by Trustee Nicholson that the Board approve the Fiscal 2007-2008 Audit Report.
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.
F. COMMUNICATIONS AND PETITIONS FROM THE PUBLIC
1. Citizens to be heard on items not listed elsewhere on this agenda
None
2. Written communications of citizens to be read
None.
G. COMMISSION AND COMMITTEE REPORTS
1. Building Committee
No report.
2. Finance committee
a. Oasis Sales Taxes: No report.
b. Lys – Nektosha Hof – Billing issue: This item was tabled by acclamation.
3. Parks and Recreation
Trustee Falbe reported that there was no meeting of the Committee. However, the meeting scheduled with the Mettawa Open Lands Association, will be re-scheduled, due to lack of attendance. In the meantime, however, Association President, Cheryl Pytlarz brought up the issue of liability insurance on Whippoorwill Park at the northwest corner of Townline Road and Riverwoods Boulevard and, upon his checking with the Village insurance consultant, Trustee Falbe found that there is no problem until the park is no longer used for passive recreation and developed further as an active recreation area.
4. Roads and Trails
No report.
5. Architectural Review Board
No report.
6. Plan Commission
a. Report and Recommendation: Case 09-SU-3
b. Recommendation: Change of Regular Meeting Location.
7. Safety and Security Commission: No report.
H. BUSINESS FROM THE BOARD FOR DISCUSSION, CONSIDERATION AND, IF SO DETERMINED, ACTED UPON
1. Mayor’s Report.
a. Agreement for Professional Financial Services.
After discussion, it was moved by Trustee Maier, seconded by Trustee Brennan to approve the agreement with David Fairman for Professional Financial Services. It is understood that, in accordance with this proposed agreement, Mr. Fairman will no longer be Deputy Village Treasurer.
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.
b. Appointment of Deputy Treasurer Rita Tavakoli
It was moved by Trustee Maier, seconded by Trustee Armstrong to appoint Rita Tavakoli as Deputy Treasurer. After discussion regarding a lack of a proposed contract, insurance issues, computer issues and her responsibilities, this item was tabled by acclamation and the Village Attorney was requested to draft a contract retroactive to January 1, 2010.
The Mayor updated the Board on the Following Items:
i. The Oasis resident issues: on site-walls and landscaping are still in works;
ii. The Frontage Road Project: The Mayor has sent a letter to the Woodland Falls Owners Association, requesting whether the commercial owners have any interest in sharing the costs of a traffic study;
iii. HSBC Detention Pond Work: The estimated $13,448.00 cost to retrofit the pond area will be paid by HSBC
iv. The Mayor sent a “thank you” letter to W.W. Grainger for its hosting an Open House upon its being awarded a Gold LEED status for the remodeling of its headquarters building on Townline Road;
v. Antennas for “Clear”, a high-speed wireless internet provider should be installed over the next 30 days on The CDW building;
vi. Forest Haven Homeowners Association has submitted an application to the County of Lake for a Special Service Area for sanitary sewer service;
vii. The Mayor has scheduled a Strategic Planning Session for the Village Board and certain other Village officials on January 23rd in the morning at the Hilton Garden Inn; and
viii. The 2010 Village celebration of its 50th anniversary.
Mayor Ray and the Board of Trustees unanimously consented to take a single Roll Call Vote on several items grouped together under “New Business” and “Unfinished Business” for voting purposes under the designation “OMNIBUS VOTE”:
It was moved by Trustee Brennan, seconded by Trustee Maier that Items “a” through “e” under “New Business” and Items “a” through “e” under “Unfinished Business” be approved as presented:
2. New Business
a. Ordinance No. 640, being “An Ordinance Amending the Annual Budget Fiscal 2009-2010”
OMNIBUS VOTE
b. Ordinance No. 641, being “An Ordinance Authorizing the Levy Real and Collection of Taxes for the Corporate and Municipal Purposes of the Village of Mettawa, Lake County, Illinois, for the Year 2009”
OMNIBUS VOTE
c. Ordinance No. 642, being “An Ordinance Amending Ordinance No. 425, Granting a Special use Permit for a Large Stable for Property Commonly Known as 855 Bradley Road, Mettawa” [Case 09-SU-3]
OMNIBUS VOTE
d. Ordinance No. 643, being “An Ordinance Amending the Place of Regular Meetings of the Plan Commission Set Forth in the Municipal Code of the Village of Mettawa”
OMNIBUS VOTE
e. A Resolution of Appreciation – Richard Adler 10 & 6 years Resolution No. 09-7, being “A Resolution Commemorating the Public Service of Richard Adler, Sr.”
OMNIBUS VOTE
3. Unfinished Business
a. Ordinance No. 644, being “An Ordinance Proposing the Establishment of Special Service Area Number Ten of the Village of Mettawa, Lake County, Illinois, and the Imposition of a Tax at a Rate Sufficient to Pay the Cost of Providing Special Services in and for Such Area” (Nektosha Hof)
OMNIBUS VOTE
b. Ordinance No. 645, being “An Ordinance Proposing the Establishment of Special Service Area Number Eleven of the Village of Mettawa, Lake County, Illinois, and the Imposition of a Tax at a Rate Sufficient to Pay the Cost of Providing Special Services in and for Such Area” (Nektosha Hof)
OMNIBUS VOTE
c. An Ordinance Renaming a Public Right-of Way Ordinance No. 646, being “An Ordinance Renaming a Public Right-of Way” (Nektosha )
OMNIBUS VOTE
d. Oasis Business Park – Letter of Credit (be allowed to lapse)
OMNIBUS VOTE
e. Retention of a Verification Agent (regards defeasance of the 2006 G.O. Bonds)
OMNIBUS VOTE
Upon a call of the roll on the Omnibus Vote, the following voted:
Aye: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson and Tindall
Nay: None
Mayor Ray declared Items “a” and “e” under “New Business” and Items “a” through “e” under “Unfinished Business” approved and the Omnibus Vote carried.
Treasurer Lys requested that a Street sign be erected for Nektosha-Hof and the Post office be notified of the new address. Mayor Ray asked the Village Engineer to take care of that.
I. EXECUTIVE SESSION
It was moved by Trust Maier, seconded by Trustee Falbe 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 [Section 2(c)(11)]; and the purchase of real property [Section 2(c)(5]
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 and the meeting recessed to Executive Session at 8:37 P.M
J. RECONVENE ? OPEN SESSION
Mayor Ray reconvened the open portion of the meeting at 9:57 P.M
1. Roll Call
Upon a call of the roll, the following persons were:
Present: Trustees Armstrong, Brennan, Falbe, Maier, Nicholson and Tindall and Mayor Ray
Absent: None
Mayor Ray declared a quorum present
Also Present: Village Attorneys John Zimmermann and Michael Zimmermann of the firm of Raysa & Zimmermann; and Village Clerk, Cathy Nelson
2. Continuation of Unfinished Business
f. Resolution: Ritsos v. Mettawa: 08 CH 3531
Mayor Ray stated that he would step down from the dais and not participate in the discussion and/or proceedings under this item, as he would be taking a distribution of funds from this settlement.
It was moved by Trustee Falbe, seconded by Trustee Brennan that Trustee Tindall be appointed as interim chairman of the meeting.
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 and promptly left the dais.
Lengthy discussion ensued regarding this item. Trustee Armstrong stated that he contributed funds to the Ritsos Lawsuit and that he would not take proceeds from the settlement. Trustee Maier stated that he contributed funds to the Ritsos Lawsuit and would not take proceeds from the settlement.
It was moved by Trustee Nicholson, seconded by Trustee Brennan, and approved by acclamation, that Resolution 09-8 be amended on its face allowing Trustee Tindall to sign the resolution and the settlement documents in place of Mayor Ray.
After further discussion, it was moved by Trustee Tindall, seconded by Trustee
Brennan that Resolution 09-8 (The settlement of Ritsos v. Mettawa: 08-CH3531) be approved, as amended.
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Maier, Nicholson, and Tindall
Nay: Trustee Armstrong.
Chairman Tindall declared the motion carried.
Mayor Ray returned to the dais.
g. Approval of Memorandum of Understanding: W.W. Grainger, Inc; et al.
The Village Attorney explained the Memorandum prepared by counsel for W.W. Grainger, which seeks installation of an east-west driveway connecting Riverwoods Road and its headquarters complex. The Village Attorney went on to state that the County required line-of-sight easement issue would have to be settled before Costco would close.
It was the consensus of the Board that it did not want a road from Grainger to Riverwoods Road and that it wanted to protect the residential properties fronting on Riverwoods Road.
A discussion of options on this matter ensued, and it was agreed that if a satisfactory agreement came out of the meeting scheduled for Wed, December 16, 2009, Attorney Zimmermann would pole the board and if agreed, Mayor Ray would sign the agreement which would be ratified at the January, 2010 Board meeting. No action was taken.
K. ITEMS TO BE REFERRED
Correspondence from Banner Day Camp was referred to the Parks & Recreation Committee.
L. FOR INFORMATION ONLY
Nothing was presented
M. ADJOURNMENT
With no further business to discuss, Mayor Ray declared the meeting adjourned at 10:22 P.M.
__________________________
Cathy Nelson, Village Clerk
