VILLAGE OF LINDENHURST ILLINOIS
2301 E. Sand Lake Road
REGULAR MEETING OF THE VILLAGE BOARD
APRIL 28, 2008
7:00 P.M.
MINUTES
CALL TO ORDER Mayor Lahr called the Regular Board meeting to order at 7:00 pm.
ROLL CALL Roll call showed those present were: Mayor Lahr, Trustees: Dunham, Marturano, Messmer, Wayne, Metzelaar, Zerba. Also in attendance were: Attorney Phillips, Engineer Welsh, Police Chief McKeever, Treasurer Neubauer and Clerk Chybowski. Administrator Stevens was absent.
PLEDGE OF ALLEGIANCE
APPROVAL OF
THE MINUTES The minutes of the Regular Meeting of April 14, 2008 were presented to the Board for approval.
A motion to approve the minutes was made by Trustee Dunham, seconded by Trustee Messmer.
On a voice vote, the minutes were approved.
COMMUNICATIONS
· Various Committee/
Commission Appts –
Mayor Lahr Mayor Lahr stated Ken Balsa would be stepping down from the Lindenhurst Police & Fire Commission and that the Village is seeking volunteers to interview for this position. Lahr communicated the appointment of Joe Brunette as a commissioner on the Environmental Activity and Education Commission.
MOTION Trustee Zerba made a motion to appoint Joe Brunette as Environmental Activity and Education Commissioner, seconded by Trustee Dunham. Upon a voice vote the motion carried.
Mayor Lahr stated her desire to reappoint Jane Gattone to the Plan Commission as a member for a 4-year term and as Chairperson for a 2-year term.
MOTION Trustee Dunham made a motion in support, seconded by Trustee Messmer. Upon a voice vote the motion carried.
Mayor Lahr stated her decision to reappoint Bob Reding to the Plan Commission as a member for a 4-year term.
MOTION Trustee Messmer made a motion in support, seconded by Trustee Metzelaar. Upon a voice vote the motion carried.
COMMITTEE REPORTS
BOARD REPORTS Trustee Messmer communicated the Veterans Memorial Commission met April 21 to make plans for the Memorial Day celebration to be held Monday, May 26, at 10am. Final details will be posted on Channel 17. Messmer stated the repair work currently being conducted on the Memorial will be completed by Memorial Day.
Metzelaar stated on April 24 she attended a Special Meeting of SWALCO regarding an amendment to the SWALCO management plan. Metzelaar communicated that 220 residents participated in the electronics collection on April 26, resulting in 53 pallets of electronics and that the next collection will be held on June 21. Metzelaar stated Walter Willis, Executive Director of SWALCO, will be presenting to the Board on May 12 regarding commercial franchising. Metzelaar also stated the Lakes Commission presentation to the Board scheduled for tonight was postponed due to a busy agenda.
Trustee Zerba communicated that Earth Day was well-attended and thanked the residents for clean-up efforts. Zerba also thanked the Dept. of Public Works and Jack Ruskin of the Environmental Commission for a job well done.
Trustee Dunham stated, in addition to hot dogs, the Environmental Commission gave away blue spruce trees, reusable bags and hundreds of compact fluorescent lightbulbs. Additionally, Dunham shared there was a dedication of two trees, one for Jim Stevens and another for Carol Lanning, who was very active in the Village for a number of years. Lastly, Dunham invited any suggestions or recommendations for next year’s Earth Day celebration.
Trustee Wayne communicated there was a booth at Earth Day staffed by Village and Park District officials regarding the Lindenhurst bike and pathway system, acknowledging the great input received.
Mayor Lahr read a proclamation in conjunction with the 20th anniversary of Victory Lakes.
RESOLUTION No. 08-04-1696R
APRIL BILLS
PRESENTED FOR
PAYMENT – 2nd and
3rd Set Mayor Lahr explained that the second set of April bills are set for payment, but because a third set of bills will be presented subsequent to tonight’s meeting, Lahr requested that Treasurer Neubauer be granted authorization to approve payment, not exceeding $10,000.
MOTION Trustee Dunham moved to pay the second set of bills in the amount of $365,084.39, as well as the third set of bills not exceeding $10,000 for month ending April 30, 2008, seconded by Trustee Messmer.
THE ROLL CALL
VOTE WAS: Ayes-6 Trustees Dunham, Messmer, Wayne, Metzelaar, Marturano, Zerba.
Nays-0
OLD BUSINESS A. Ordinance: Authorizing the Mayor to Sign Executive Search Contract
ORDINANCE No. 08-04-1697
Mayor Lahr referenced the executive search contract of the PAR Group to move forward in hiring a Village Administrator. Trustee Marturano commented regarding page three, item no. 7, recommending 8-10 candidates for consideration. Maturano reiterated his perspective that the PAR Group should present the top 2-4 candidates for Board review. Trustee Zerba commented that, in addition to interviewing the mayor and Village Board, the PAR Group should also interview the current administrator.
MOTION Trustee Wayne made a motion adopt Ordinance No. 08-04-1697 authorizing a professional services agreement with the PAR Group, seconded by Trustee Zerba.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Wayne, Zerba, Marturano, Messmer, Dunham, Metzelaar
Nays-0
NEW BUSINESS First Addition to Lindenhurst Village Green
A. Ordinance: Authorization to Sign Annexation Agreement
ORDINANCE No. 08-04-1698
Attorney Phillips explained one change on page 6, paragraph E, regarding the timeframe to take down buildings on the former Horvat property changed from 90 days to 120 days. Phillips also referenced a change previously discussed regarding allowing a financial institution to use up to two acres of the 7-acre site for this purpose.
MOTION Trustee Marturano made a motion adopt Ordinance No. 08-04-1698 authorizing execution of an annexation agreement for property known as the First Addition to Lindenhurst Village Green, seconded by Trustee Wayne.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Marturano, Wayne, Messmer, Dunham, Metzelaar, Zerba
Nays-0
B. Ordinance: Annexation Agreement
ORDINANCE No. 08-04-1699
Mayor Lahr stated this ordinance would allow annexing the property to the Village. Trustee Zerba reiterated her desire to see a tot lot incorporated into the project, perhaps once the residential phase is implemented, stating there are no recreational areas for small children. Attorney Phillips advised the subject being addressed this evening is for commercial only. Attorney Mark Eiden suggested this may be something a future homeowners association can undertake.
MOTION Trustee Zerba made a motion to adopt Ordinance No. 08-04-1699, seconded by Trustee Metzelaar.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Zerba, Metzelaar, Wayne, Marturano, Dunham, Messmer
Nays-0
C. Ordinance: Amending Zoning Map – CBR-2
ORDINANCE No. 08-04-1700
Attorney Phillips stated this ordinance references the former Horvat property, now the First Addition to Lindenhurst Village Green, being rezoned as CBR-2 upon annexation, pursuant to the unanimous decision by the Plan Commission at the April 2 public hearing.
MOTION Trustee Wayne made a motion to adopt Ordinance No. 08-04-1700 amending the zoning map for the Village of Lindenhurst for property known as the First Addition to Lindenhurst Village Green, seconded by Trustee Marturano.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Wayne, Marturano, Metzelaar, Dunham, Zerba, Messmer
Nays-0
D. Ordinance: Approving Tentative Plat and First Final Plat
ORDINANCE No. 08-04-1701
Attorney Eiden explained minute changes on the tentative and final plat, as well as some technical changes in wording. Eiden referenced page 2 of the First Addition of Lindenhurst Village Green, adding a comma to language regarding a public utility easement provision: “sanitary sewer, water main….” Additionally, the wording “portable water and sanitary sewage” was added to the same provision for clarification purposes. Attorney Phillips commented that the reason for this discussion is for purposes of the record. Because of the fact that the Board will be approving the tentative plat and first final plat this evening, there is a need to reconcile any changes with the Board packet.
MOTION Trustee Marturano made a motion approving Ordinance No. 08-04-1701, a tentative plat and first final plat for the First Addition of Lindenhurst Village Green, including Mr. Eiden’s comments and subject to the conditions contained in the Meehan & Company memorandum dated April 9, 2008, and also subject to the owner complying with the terms & conditions contained in this Annexation Agreement, seconded by Trustee Metzelaar.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Marturano, Metzelaar, Messmer, Dunham, Wayne, Zerba
Nays-0
Lindenhurst Village Green
E. Ordinance: Amending Zoning Map – CBR-2
ORDINANCE No. 08-04-1702
Attorney Phillips stated there are changes to the parcel to be dedicated to the Village for purposes of a water storage facility. Attorney Mark Eiden explained that R-4 to I is the 1-acre water tower parcel in Falling Waters. This is referenced as “Lot 1” and will be used in conjunction with Lot 2, which is currently zoned R-4, to be made CBR-2. Additionally, there is another parcel adjacent to lots 11 & 12 that will be removed from R-4 and added to CBR-2. Eiden stated there is a net gain in CBR-2 and no conversion of CBR-2 back to R-4.
MOTION Trustee Dunham made a motion to approve Ordinance No. 08-04-1702 amending the zoning map of Village Green, seconded by Trustee Marturano.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Dunham, Marturano, Messmer, Wayne, Zerba Metzelaar
Nays-0
F. Ordinance: Approving Tentative Plat and First Final Plat
ORDINANCE No. 08-04-1703
Attorney Phillips stated this is the ordinance approving the tentative plat and first final plat of the Lindenhurst Village Green. Attorney Eiden stated there was a small change made; therefore, the Board packet needed to be updated. Eiden referenced the definition of the term “improvement” in the ingress/egress provision on page 3, explaining that a parenthesis needs to be added to the description to avoid any future title company issues.
MOTION Trustee Zerba made a motion to adopt Ordinance No. 08-04-1703, approving the tentative plat and first final plat for Lindenhurst Village Green, date last revised 4/4/08, with one minor correction from Mark Eiden. Such approval will be subject to the memorandum from Meehan & Co., Inc., dated 4/10/08 and also that the owners comply with all the terms and conditions contained in its annexation agreement with the Village, seconded by Trustee Messmer.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Zerba, Messmer, Metzelaar, Wayne, Dunham, Marturano
Nays-0
G. Authorization to Sign Letter Addressed to Illinois Department of Natural Resources
Mayor Lahr stated a request was received from Oliver McMillan for the Village to forward a letter to the IDNR acknowledging issues specific to the Village Green site and ensuring the issues will be monitored
MOTION Trustee Dunham made a motion authorizing a letter to the IDNR, seconded by Trustee Messmer.
THE ROLL CALL
VOTE WAS: Ayes-6, Trustees Dunham, Messmer, Marturano, Metzelaar, Wayne, Zerba
Nays-0
H. Ordinance: Amending Personnel Policy Manual – Dental Insurance
ORDINANCE No. 08-04-1704
Mayor Lahr Board stated the ordinance is seeking approval that the Village will pay dental co-pays through fiscal year 2008/2009, clarifying that the dental plan will not be 100% employee funded.
MOTION Trustee Marturano made a motion to approve Ordinance No. 08-04-1704, seconded by Trustee Messmer.
ON ROLL CALL Ayes-6, Trustees Marturano, Messmer, Zerba, Wayne, Dunham, Metzelaar
Nays-0
I. Ordinance: Authorizing Assignment of Site Lease – db3 Broadband, LLC
ORDINANCE No. 08-04-1705
Mayor Lahr explained that the site lease was purchased by E-Vergent.com LLC, requiring an assignment of the site lease.
MOTION Trustee Wayne made a motion to authorize Ordinance No. 08-04-1705 authorizing execution of an assignment of site lease agreement assigning the rights of db3 Broadband, LLC, to E-Vergent.com LLC , seconded by Trustee Metzelaar.
ON ROLL CALL Ayes-6, Wayne, Metzelaar, Zerba, Dunham, Messmer, Marturano
Nays-0
J. Ordinance: Authorization to Sign Construction Contract for Salt Barn – Dome Construction
ORDINANCE No. 08-04-1706
Engineer Welsh relayed that at previous meetings of the Board, approval for construction, advertisement and bids had been granted, with Dome Corporation of NA receiving the award. Welsh continued the executed contracts have been received and are ready for authorization by the Mayor and Clerk.
MOTION Trustee Metzelaar made a motion in support of authorizing the Mayor and Clerk to sign the salt barn dome construction contract, seconded by Trustee Zerba.
ON ROLL CALL Ayes-6, Trustees Metzelaar, Zerba, Dunham, Marturano, Messmer, Wayne
Nays-0
K. Ordinance: Amending Construction for Facilities and Utilities in Public Rights of Way
ORDINANCE No. 08-04-1707
Attorney Phillips referenced ongoing issues regarding AT&T’s project light speed which involves updating equipment in Village right-of-ways. Phillips explained that section 161.4.f of a previously passed right-of-way ordinance requires an application fee be paid to the Village in the amount of $150 per application. Phillips continued that the revised model ordinance of the Illinois municipal league provides that the application fee is waived for utility providers (in this case AT&T) already paying telecommunication infrastructure maintenance fees to the Village. Phillips clarified that because AT&T is coming in as a holder under the new state law, they are governed by the new set of rules.
Phillips also informed that Lindenhurst’s current ordinance provides for collecting $2,000 to cover landscaping for the 2’ x 4’ x 4’ enclosures. Phillips stated that in a second amendment (Section 161.15.i), AT&T is requesting to pay only $1,500. Phillips stated this issue is currently preventing AT&T from moving forward with the upgrade. Discussion ensued regarding whether the Village is agreeable to collecting landscaping monies in the amount of $1,500 for each box or whether to uphold the current ordinance requiring $2,000. Additional discussion regarding competition among utility providers and landscaping standards/specifics took place.
MOTION Trustee Wayne made a motion adopting Ordinance No. 08-04-1707, amending subsections 161.4.f and 161.15.i of Chapter 161 of the municipal code of the Village of Lindenhurst, seconded by Trustee Zerba.
ON ROLL CALL Ayes-5, Trustees Wayne, Zerba, Metzelaar, Dunham, Messmer
Nays-1, Trustee Marturano
PUBLIC
PARTICIPATION
EXECUTIVE SESSION
MOTION A motion to move to Executive Session at 8:10 pm was made by Trustee Dunham, seconded by Trustee Marturano. No action is anticipated.
ON ROLL CALL Ayes-6, Trustees Dunham, Marturano, Metzelaar, Messmer, Wayne, Zerba
Nays-0
RE-CONVENE The Regular Meeting re-convened at 8:35 pm.
MOTION A motion to adjourn the meeting was made by Trustee Marturano, seconded by Trustee Wayne. Upon a voice vote, the motion carried.
ADJOURNMENT The meeting was adjourned at 8:35 pm.
Date Approved__________________________________
_______________________________ _________________________________
Susan Lahr, Mayor Patty Chybowski, Clerk