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, NOVEMBER 17, 2010 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. ROLL CALL
Upon a call of the roll, the following persons were:
Present: Trustees, Brennan, Falbe, Nicholson, Maier, Tindall and Mayor Ray
Absent: Trustee Armstrong
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; and Deputy Treasurer, David Fairman
Also Absent: Village Clerk, Cathy Nelson
C. APPROVAL OF MINUTES
After Trustee Brennan brought I to the attention of everyone that her name had been inadvertently omitted from every roll call in the last half of the meeting Minutes as chronicled in the agenda packet furnished by the Village Clerk, it was moved by Trustee Falbe, seconded by Trustee Maier that the Minutes of the Regular Village Board Meeting of October 20, 2009 be approved as corrected on their face this evening to reflect Trustee Brennan as having voted with the majority on each of those calls of the roll.
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier, and Tindall
Nay: None
Mayor Ray declared the motion carried and the Minutes approved, as corrected.
D. APPROVAL OF BILLS
1. Bills submitted for payment
Minutes of the Regular Meeting
Mayor and Board of Trustees
November 17, 2009
Page 2 of 9
Deputy Treasurer David Fairman then presented the list of tax rebates totaling $60,379.00. It was moved by Trustee Maier, seconded by Trustee Nicholson that the checks be approved as shown on the list presented by the Deputy Treasurer during this meeting.
Upon a call of the roll, the following voted:
Aye: Trustees 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.
It was moved by Trustee Tindall and seconded by Trustee Falbe 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 Brennan, Falbe, Nicholson, Maier, 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. Finance Committee:
Annual Ascertainment of the Amount of Real Estate Taxes to be Levied
After some discussion it was moved by Trustee Tindall, seconded by Trustee Nicholson, that the Mayor and Board of Trustees concur with the recommendation of the Finance Committee and determine hereby that
Minutes of the Regular Meeting
Mayor and Board of Trustees
November 17, 2009
Page 3of 9
$247,739.00 is the amount estimated to be derived from the real property tax levy for 2009
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier, and Tindall
Nay: None
Mayor Ray declared the motion carried. [At this point, Deputy Treasurer Fairman left the meeting.]
2. Parks and Recreation Committee:
Designating Land as a Village Public Park
After discussion it was moved by Chairman Falbe, seconded by Trustee Brennan, that the Mayor and Board of Trustees concur with the recommendation of the Committee to designate the Village-owned land at the northwest corner of Riverwoods Boulevard and IL Route 60 (Townline Road) as a park.
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier, and Tindall
Nay: None
Mayor Ray declared the motion carried.
3. Roads and Trails Committee – No Report
4. Plan Commission – No Report
5. Zoning Board of Appeals – No Report
6. Building Department
Trustee Tindall and Village Engineer Scott Anderson had prepared and distributed the building services report for the month of October.
7. Safety and Security Commission: Report Regarding Bow Hunting – No Report
8. Architectural Review Board – No Report
Minutes of the Regular Meeting
Mayor and Board of Trustees
November 17, 2009
Page 4 of 9
H. BUSINESS FROM THE BOARD FOR DISCUSSION, CONSIDERATION AND, IF SO DETERMINED, ACTION UPON:
1. Mayor’s Report
a. Appointment of Rita Tavakoli as Deputy Treasurer
Before he announced that he would not be making this appointment this evening, Mayor Ray apologized to Trustee Falbe for statements the Mayor had made to him during last month’s Village Board meeting.
Whereupon Trustee Tindall asked to make the following remarks, which May Ray acknowledged would be spread verbatim upon these Minutes:
“At the October Village Board meeting four Board members, including Bill Nicholson who is on the Finance Committee, were advised for the first time by the Mayor and the Chairman of the Finance Committee that two people had been interviewed to replace Dave Fairman, who is Village Deputy Treasurer and Financial Consultant, and that a Village resident with corporate accounting experience (but no municipal experience) had agreed to accept the job of Deputy Treasurer. Neither Fairman nor the Village Treasurer was present at the October Board Meeting. The person selected to replace Fairman was present. When asked why the replacement of Fairman had proceeded so quickly, without Board knowledge or discussion at a Board meeting, the Mayor responded that immediate action was required in order that a smooth transition could be accomplished before Fairman left. However, Fairman had never said he was leaving. Fairman has volunteered to stay as long as necessary to insure a smooth transition. As the matter of fact, his company has a contract with the Village requiring 30 days notice for termination. In addition, an appointment of a new Deputy Treasurer or Financial Consultant by the Village President (Mayor) must be approved by the Village Board. The proposed replacement for Fairman has been asked to work with Fairman and begin to review documents. The purchase of a computer and a computer program is being discussed by the Finance Committee. I submit that this proposed termination of Dave Fairman by the Village is being handled in an unprofessional manner unbecoming to the Village.
“The process for replacing Dave Fairman has not been ‘transparent’ to the public, or even to the members of the Village Board. Fairman had not resigned, nor was he given the 30 days notice required by his contract. He had asked for a meeting with the Mayor, the Treasurer, and the Chairman of the Finance Committee to discuss financial issues and procedures. However, only the Chairman of the
Minutes of the Regular Meeting
Mayor and Board of Trustees
November 17, 2009
Page 5 of 9
Finance Committee came to that meeting. At the meeting, Fairman was told that he was going to be replaced. I think terminating his contract should have been approved by the Village Board first, and then communicated to Fairman both verbally and in writing.
“I am opposed to replacing Dave Fairman as Village Deputy Treasurer and Financial Consultant. He has over 30 years of experience with all aspects of municipal finance, which is very different from corporate accounting. He was a financial officer in Highland Park for 28 years. Our new Village officials are now in the process of learning about Village affairs, including municipal accounting and financial issues. I believe that Fairman should be retained for at least one from the date that the new Treasurer and Finance Committee Chairman assumed office, until May 2010. Fairmans’ experience is of great value to the Village and he should be retained until May 2010.
“If Dave Fairman is to be replaced, I am providing the Chairman of the Finance Committee with a list of accounting firms that are familiar with accounting, budgeting, and other financial management issues relating to small municipalities and other small units of government. They can handle accounting, produce checks for payment of bills, assist with budgets, and have experience in dealing with other units of government. The list was provided by Marianne Shank, IGFOA (Illinois Government Financial Officers Association). I called five of the names on the list and found three firms that say they can meet our needs. I also have provided one additional name that is not on the IGFOIA list. I suggest that these firms be considered if Dave Fairman is to be replaced.
“If Fairman is replaced, it is vital that he be replaced by an independent contractor. Steps must be taken to insure that his replacement is not found by the IRS, IDR, or Illinois Government employee pension authorities to be a Village employee.”
b. JAWA Water District
Mayor Ray and Trustee Tindall reported the progress they have made in seeking to have the Joint Action Water Agency provide potable Lake Michigan water to all areas of Mettawa. The agency’s revenues are down and it is about to allow additional customers to connect to its system. Convinced that allowing residents to choose to receive water from JAWA would act to enhance property values throughout the Village and allow residents to avoid having to sink deeper private wells in order to obtain better water quality, the Mayor stated that he had written a letter to JAWA expressing the Villages’ desire for JAWA water service.
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Mayor and Board of Trustees
November 17, 2009
Page 6 of 9
Whereupon, it was moved by Trustee Nicholson and seconded by Trustee Tindall that the Board of Trustees ratify the action of Mayor Ray sending his letter to JAWA.
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier, and Tindall
Nay: None
Mayor Ray declared the motion carried.
c. Oasis Resident Issues Update
Mayor Ray presented the status of matters involving the sight/sound wall installation at the Lake Forest Oasis on Interstate 94: The Toll Highway Authority has agreed to install shields on the light fixtures to reduce the amount of ambient light stemming from the Oasis; instead of installing a wall, the authority has installed some 25 spruce trees west and north of the Oasis as a means of sight and soundproofing; and, in the area where portion of the installed wall blew down and the rest has now been dismantled, the contractor and manufacturer will install another, more durable, wall and will be asked to increase the height of the wall from ten to twelve feet. Finally, the cost of a wall near Emma Lane may encourage the Authority to heed the Mayor’s suggestion that landscaping be used for sight and sound proofing.
d. Frontage Road Project
Mayor Ray stated that Lake Forest has asked that Mettawa participate in paying a 25% share of the $20,000.00 cost of a traffic study to be performed by Christopher Burke and Associates to ascertain the feasibility of opening Field Drive traffic northbound to the Oasis east frontage road along the Boulton Business Park in Mettawa to intersect with Bradley Road in Green Oaks. It was the consensus of the Village Board that Mettawa should participate in paying for this study but not at the same percentage (25%) as Lake Forest, especially in light of the fact that Green Oaks may not participate at all.
e. Ordinance Authorizing Acquisition of 701 Riverwoods Road.
The ordinance was tabled by acclamation
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Mayor and Board of Trustees
November 17, 2009
Page 7 of 9
2. New Business
a. An Ordinance Amending Chapter 5 (Street and Parks) of the Municipal Code
After discussion, it was moved by Trustee Nicholson, seconded by Trustee Brennan, to adopt Ordinance No. 638, which incorporates the park designation concurred with earlier during this meeting, being “ An Ordinance Amending Chapter 5 of the Municipal Code”, as amended on its face this evening by removing the text of Section 5.703, reserving that section for the future; so that Section 5.703 shall read: “SECTION 5.703. RESERVED.”.
b. Grant/Acceptance of Hamilton Partners’ Dedication and Conveyance of Land
After discussion, it was moved by Trustee Tindall, seconded by Trustee Brennan, to authorize the Mayor to sign, and the Village Clerk to attest his signature upon, acceptances of title to land and easements on behalf of the Village upon conveyances by Hamilton Partners or its affiliates of all of these properties or interests therein as a package (to be approved by Trustee Tindall); provided the Village Attorney first approves of the forms of each of those conveyances.
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier, and Tindall
Nay: None
Mayor Ray declared the motion carried.
3. Unfinished Business
a. Ratification of Board Action in the Purchase of Road Salt
It was moved by Trustee Brennan, seconded by Trustee Nicholson, to ratify the action taken during the October 20, 2009 Village Board meeting, awarding the road salt purchase contract to Conserv F.S., the low responsible bidder, in the amount of $13,036.80.
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier, and Tindall
Minutes of the Regular Meeting
Mayor and Board of Trustees
November 17, 2009
Page 8 of 9
Nay: None
Mayor Ray declared the motion carried.
b. An Ordinance Amending Chapter 9 (The Building Code) of the Municipal Code
After extensive discussion, it was moved by Trustee Tindall, seconded by Trustee Brennan, to adopt Ordinance No. 639, being “An Ordinance Amending Chapter 9 of the Municipal code of the Village of Mettawa.”
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier, and Tindall
Nay: None
Mayor Ray declared the motion carried.
I. EXECUTIVE SESSION
It was moved by Trustee Tindall, seconded by Trustee Nicholson 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 Brennan, Falbe, Nicholson, Maier and Tindall
Nay: None
Mayor Ray declared the motion carried and the meeting adjourned into executive session at 9:14 P.M.
J. CALL TO ORDER
Mayor Ray reconvened the open portion of the meeting at 10:03 P.M.
K. ROLL CALL
Upon a call of the roll, the following were:
Present: Trustees Brennan, Falbe, Nicholson, Maier, Tindall and Mayor Ray
Absent: Trustee Armstrong
Minutes of the Regular Meeting
Mayor and Board of Trustees
November 17, 2009
Page 9of 9
The Mayor declared a quorum present.
Also present: Village Attorney, John Zimmermann
L. ITEMS TO BE REFERRED
There were no items referred.
M. FOR INFORMATION ONLY
There were no items for information only
N. ADJOURNMENT
Discussion ensued regarding whether item H1e, being the draft Ordinance Authorizing Acquisition of 701 Riverwoods Road, should be taken from the table. It was not. With no further business to conduct, it was moved by Trustee Brennan, seconded by Trustee Falbe, that the meeting be adjourned.
Upon a call of the roll, the following voted:
Aye: Trustees Brennan, Falbe, Nicholson, Maier and Tindall
Nay: None
Mayor Ray declared the motion carried and the meeting adjourned at 10:28 P.M>
__________________________________
John J. Zimmermann, Acting Minute Taker
Note: Minutes retyped verbatim for website publication by Village Clerk
