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CALL TO ORDER:
Mayor Betustak called the Special Meeting of the Village Board to
order at 7:00 p.m.
ROLL CALL:
Roll call showed those present were: Mayor Betustak, Trustees:
Czyzewicz, McCarthy, Messmer, Norlin, Wayne and Zerba. Also in
attendance were Administrator Stevens, Attorney Phillips, Engineer
Welsh, Chief of Police McKeever and Clerk Bauschke.
PLEDGE OF ALLEGIANCE:
APPROVAL OF THE MINUTES: Regular Board Meeting of January 8,
2007:
A motion was made by Trustee Czyzewicz to approve the Regular Board
Meeting minutes of January 8, 2007 and the motion was 2nd by Trustee
Messmer.
Mayor Betustak stated the motion carried on a voice vote. The
minutes were approved.
Mayor
Betustak announced he would be taking the Agenda slightly out of
order this evening starting with OLD BUSINESS, NEW BUSINESS and come
back to COMMUNICATIONS, COMMITTEE, BOARD, MAYOR & STAFF REPORTS.
OLD BUSINESS:
None
NEW BUSINESS:
A. ORDINANCE: AMENDMENT TO EMERGENCY SERVICES COORDINATOR POSITION –
Mayor Betustak referred the Village Board to the Draft Ordinance
that was in tonight’s Board packet. He stated this amendment would
change the sole position of Coordinator to include an Assistant
Coordinator. Basically the original Ordinance was established with
the intent of developing a plan to respond to any type of emergency
in the community.
Attorney Phillips added that the initial Ordinance was passed in
1992 and the only change to tonight’s Ordinance would be to add an
Assistant Coordinator.
MOTION:
A motion to adopt AN ORDINANCE AMENDING SECTIONS 91.01, 91.04, 91.05
AND 91.06 OF CHAPTER 91 OF THE MUNICIPAL CODE OF THE VILLAGE OF
LINDENHURST, LAKE COUNTY, ILLINOIS was made by Trustee Zerba and 2nd
by Trustee Norlin.
ORDINANCE NO. 07-1-1598
ON ROLL CALL THE VOTE WAS:
AYES-6 Trustees Czyzewicz, McCarthy, Messmer, Norlin, Wayne and
Zerba
Nays-0
The Mayor announced the motion carried.
B. ORDINANCE: MEMBERSHIP AGREEMENT – NORTHEASTERN ILLINOIS REGIONAL
CRIME LABORATORY – Chief McKeever presented this topic. He stated
after a meeting with the Lake County States Attorney, he was
recommending that the Village of Lindenhurst enter into a contract /
intergovernmental agreement to join the Northeastern Illinois
Regional Crime Laboratory located in Vernon Hills. A few weeks ago
the Mayor signed the agreement in response to the emerging need to
begin processing the massive amount of physical evidence with regard
to the murder at Burger King. The high volume of evidence had to be
processed quickly; hence Mayor Betustak signed the membership
agreement with the Northeastern Illinois Regional Crime Laboratory
under the emergency privilege. The Village Board is now being asked
to ratify his action. The most recent bill included the 06/07
membership dues of $16,927 and building maintenance agreement of
$3,000. The membership fee was based on the official 2000 census of
12,539 population at $1.35pp. The Villages initial obligation would
be $19,927 now and $20,000 as of May 1, 2007. Continued membership
beyond the first two years would be a matter of administrative
review. General discussion occurred.
Attorney Phillips stated this Ordinance authorizes the Mayor to sign
the agreement with the Northeastern Illinois Regional Crime
Laboratory. He also pointed out a typo in the third line of this
Ordinance. “The word coy should be copy.” The Attorney stated he
would correct the error.
MOTION:
A motion to adopt AN ORDINANCE AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE MEMBER AGENCIES OF THE
NORTHEASTERN ILLINOIS REGIONAL CRIME LABORATORY was made by Trustee
Norlin and 2nd by Trustee McCarthy.
ORDINANCE NO. 07-1-1599
ON ROLL CALL THE VOTE WAS:
AYES-6 Trustees Czyzewicz, McCarthy, Messmer, Norlin, Wayne and
Zerba
Nays-0
Mayor Betustak proclaimed the motion carried.
C. BID AWARD: WATER POLLUTION CONTROL FACILITY MODIFICATION CONTRACT
1-2006 – Engineer Welsh reported that last year we assembled plans
and specifications for the replacement of various pieces of
mechanical and electrical equipment at the Waste Water Treatment
Plant. They have become useless due to corrosion and age. We put
that project out to bid. On December 22, 2006 we publicly opened
the four bids that were received in regard to the Water Pollution
Control Facility Modification project.
Keno & Sons submitted the apparent low bid but the validity of the
bid was challenged by the second low bidder due to the fact that
Keno & Sons was not listed on the Plan Holders list. In the time
since the opening our consultant, Strand Associates, Inc. issued its
January 10, 2007 letter recommending the construction contact be
awarded to Keno & Sons Construction Company along with their
reasons. The Engineer referred the Village Board to that letter
which was in tonight’s Board packet.
MOTION:
A motion to award the bid for the Water Pollution Control Facility
Modifications to Keno & Sons Construction Company out of Lake Bluff,
IL for the low bid of $213,400.00 and attach Engineer Welsh’s memo
dated January 12, 2007 which shows the bid tabulation and to waive
the Plan Holder’s list on a technicality was made by Trustee Norlin
and 2nd by Trustee Messmer.
ON ROLL CALL THE VOTE WAS:
AYES-6 Trustees Czyzewicz, McCarthy, Messmer, Norlin, Wayne and
Zerba
Nays-0
Mayor Betustak declared the motion carried.
COMMUNICATIONS, COMMITTEE, BOARD, MAYOR & STAFF REPORTS:
EMERGENCY SERVICES APPOINTMENTS – Mayor Betustak said
he received an email of resignation from Darnell Jones as Emergency
Services Coordinator and his interest in being appointed the
Assistant Coordinator.
The Mayor
also received a letter of interest and resume from Richard Cohen, to
be appointed Emergency Service Coordinator. All of which was
provided to the Village Board. Mayor Betustak introduced Rick Cohen
to the Board and thanked him for stepping forward with his extensive
knowledge and experience.
Mayor
Betustak brought forward two names for the following appointments.
He is recommending Richard Cohen to the vacancy as Coordinator and
Darnell Jones to the newly created position of Assistant
Coordinator. These are annual appointments that coincide with the
fiscal year, which ends 4-30-07, and they can be renewed at the
time.
MOTION:
A motion to
approve
Richard Cohen to the vacancy as Emergency Service Coordinator and
Darnell Jones to the newly created position of Emergency Service
Assistant Coordinator with the effective date today until April 30,
2007
was made by Trustee Wayne and 2nd by Trustee Zerba.
ON ROLL CALL THE VOTE WAS:
AYES-6 Trustees Czyzewicz, McCarthy, Messmer, Norlin, Wayne and
Zerba
Nays-0
Mayor Betustak proclaimed the motion carried
and he
informed Mr. Cohen that he needed to be officially sworn in tonight,
as the Emergency Services Coordinator.
SWEARING
IN CEREMONY:
Clerk Bauschke swore in Richard Cohen with the Emergency Management
Agency Personnel Oath to the position of Lindenhurst’s Emergency
Services Coordinator.
ENVIRONMENTAL ACTIVITY AND EDUCATION COMMISSION -
Trustee Zerba announced that on Wednesday, January 17, 2007 the
newly created
Environmental, Activity and Education Commission will
be
meeting at 3:00 p.m. here at Village Hall. They will be discussing
the upcoming annual Earth Day / Arbor Day event. Anyone interested
is welcome to attend.
VILLAGE
BOARD TRUSTEE CZYZEWICZ STATEMENT – Trustee Ken Czyzewicz, in an
effort to spend more time with his family, announced he would not be
running in the April election this year.
Mayor
Betustak stated, “There would be an appropriate time to commend you
for all of your service to the Village, not only on this Board but
also with Lindenfest. Thank you for all you have done for
Lindenhurst.”
MAYOR
BETUSTAK’S STATEMENT FOR THE COMMUNITY – The Mayor read the
following for the record: “Since the first time that the
concept of the Village Green was presented, the Lindenhurst
community and this Village Board wholeheartedly supported the
project and continues to do so.”
“The
developer has said that the project in its current form would
require a TIF. We have worked with our financial consultants and we
have listened to the public. I have spoken with individual Trustees
and together we do not support a TIF.”
“We will
continue to work collaboratively with the developer to see if this
project can move forward in a different form that would not require
a TIF.”
Mayor
Betustak asked the Village Board for their consensus in regards to
the above statement.
Trustee
Zerba concurs and added, “I’m glad you read that statement and I’m
glad we came to that decision. I personally consider this to be a
new beginning. The product that we have been discussing is a
product that I hope our Village will still end up with. I think it
will truly enhance our community. I think the method to get to that
project, we have agreed, is not the correct way.”
Trustee
Czyzewicz said, “I agree with Trustee Zerba and I concur.”
Trustee
McCarthy stated, “I concur and would like to say that everyone on
this Board has worked very hard. We’re all in support of this
beautiful project and we all want to see it come to Lindenhurst.
As I said early on, I think that we really need to exhaust every
possibility to bring this project here. We will continue to seek
those possibilities and work together to make that a reality.”
Trustee
Wayne concurred, “As a group we said from the beginning that our
eventual decision, whether yes or no, had to be a result of an
intensive study process so that our decision would be made with
confidence and conviction. I commend my peers for insisting that
the entire discovery process run its course before forming an
opinion and reaching a decision.”
Trustee
Messmer said, “I concur. During the course of this whole project
this Village Board has proceeded with due diligence to determine all
of the facts, which is contrary to some opinions that have been
expressed. We are of firm conviction on this project and it’s a good
project for this Village. The fact that we are so inclined to take
away the TIF is a conclusion that we made in concert.”
Trustee
Norlin stated, “The project started and this developer came
forward. When he presented the fact that he wanted to move forward
with a TIF we had to respect his request and give the developer his
opportunity. The TIF process is very regimented, it’s outlined and
we just can’t do what we want. We have to follow it to the letter of
the law. The process was followed all the way down to every
detail; the only step left was for the Village Board to make a
decision. During the process Staff was working concurrently
evaluating additional data. The Board took all the necessary steps
to see that the developer and his request were handled properly and
we just didn’t agree with the TIF. This was obviously a very
painful process but it was a process that needed to be completed and
it was. I make it unanimous that the Lindenhurst Village Board is
not going to support a TIF.”
Mayor
Betustak said the statement stands as read, it is unanimous on the
part of the Village Board that they are in concurrence and he would
direct Staff to prepare the necessary paperwork to formalize that
vote at the next Village Board meeting on January 22, 2007.
The Mayor
stated for the record, “At the Public Hearing on January 8, 2007 I
said that we would not vote and that was in response to the law that
requires us to wait 30 days after a negative vote from the Joint
Review Board. The 30 days would have taken us beyond the January
22nd date. That’s what I was referring to when I said there would be
no vote. What we intend to vote on at the January 22, 2007 meeting
would be to deny the request for a TIF and that does not require a
30 day delay. I am giving a full weeks notice to the public before
the vote. If there are any questions I would be happy to answer
them.”
Trustee
McCarthy announced that she would be out of town next Monday,
January 22, 2007, due to a business trip. She stated again for the
record, that she does not support the TIF.
Mayor
Betustak stated we would be going into Executive Session tonight for
1 item regarding Personnel and no action would be taken tonight.
He opened the floor for public participation.
PUBLIC PARTICIPATION:
Susan Lahr, 408 Stafford Ct., Lindenhurst
inquired when the missing minutes would be available for public
viewing? The Mayor responded they would be available as soon as
they were approved.
Clerk Bauschke stated she is working on them.
Steve Berna, 20958 W. Verona Ave., Lake Villa asked if the
Board could discuss what the alternatives to the TIF might be?
Attorney Phillips said “we are in communication with the developer
and when we do have something to report we will be doing that.
There is nothing formally on the table at this present time.” Mayor
Betustak clarified what Attorney Phillips was referring to was
“alternatives” were not available at this point. The developer’s
plan is still on the table we are only addressing the TIF, not the
plan itself. Staff met with the developer today and they are aware
that we will be taking this action. The Village will continue to
work collaboratively with this developer because they are a quality
developer that we would like to see come to this town. Steve Berna
commented that the concept of the EAV was not very clear to the
public, people got really confused.
Patrick Dunham, 653 Newport Circle, Lindenhurst asked if the
Business District plan was still on the table? Mayor Betustak
replied that the first Public Hearing regarding that subject would
be held at the next Regular Village Board meeting held on January
22, 2007.
Gary Stittgen, 464 Country Place, Lindenhurst
first thanked Trustee Czyzewicz for all of his service to
Lindenhurst. He then spoke to the Village Board saying, “The fact
that you took this step today in announcing that there would be no
TIF is a model of good governance. You did your due diligence with
the developer, you listened to the public and I certainly commend
you for that. It shows a great deal of character and integrity
that you were able to go through this entire process and go through
it so civilly.
Having seen this process up close and personal through being on the
Plan Commission and through watching the Village Boards actions, I’m
certainly glad that we have you as leaders.”
Julian Franklin, 3166 Haven Lane, Lindenhurst
stated, “I concur with what Gary Stittgen said. There have been a
lot of words said in the last few weeks, some of them not very
kind. The Board maintained their integrity and their composure and
I commend you on how you handled things. You did your homework,
studied the information, listened to the public and came to an
informed decision. I want to commend you all on your actions and
your composure.”
MOVE TO
EXECUTIVE SESSION:
A motion to move into Executive Session for 1 item regarding
Personnel
was made by Trustee Wayne and 2nd by Trustee McCarthy.
ON ROLL CALL THE VOTE WAS:
AYES-6 Trustees Czyzewicz, McCarthy, Messmer, Norlin, Wayne and
Zerba
Nays-0
Mayor
Betustak declared the motion carried.
The
meeting was moved to Executive Session at 7:50 p.m.
The
meeting reconvened from the Executive Session meeting to the Regular
Board meeting at 8:08 p.m.
ADJOURNMENT: A
motion to adjourn the Special Village Board meeting was made by
Trustee Wayne and 2nd by Trustee McCarthy.
Upon voice vote, the motion carried. Adjournment was at 8:09 p.m. |