VILLAGE OF LINDENHURST
2301 E. SAND LAKE ROAD

SPECIAL MEETING OF THE VILLAGE BOARD
JANUARY 15, 2007, 7:00 P.M. MINUTES

   

 

 

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.