C. Village Board

APPROVED LAKE ZURICH BOARD OF TRUSTEES REGULAR MEETING 70 East Main Street Monday, December 17, 2007 1. CALL TO ORDER AND ROLL CALL Meeting was called to order at 7:31 PM. Present were Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor. President Tolomei was excused. Also present were Village Administrator Dixon, Public Works Director/Engineer Heyden, Interim Finance Director Sakai, Park Director Perkins, Building/Zoning Director Peterson and Deputy Police Chief Finlon. MOTION was made by Trustee Callahan, seconded by Trustee Poyton, to appoint Trustee McAvoy as President Pro Tempore. Voice vote, all in favor. MOTION CARRIED 2. PLEDGE OF ALLEGIANCE 3. PRESIDENT’S REPORT 4. PUBLIC COMMENT John Miller, 568 Applegate Lane, read a prepared statement regarding the continued violation of the Village’s noise ordinance currently taking place behind Village Square Shopping Center. Truck delivery and garbage pickup continues to take place before 7 am. Mr. Miller is requesting the police patrol this area more often and issue tickets when appropriate. Deputy Chief Finlon recognized the new ordinance went into effect in October but the Department would not take any enforcement action until January 1, 2008, to allow for an education period. New signs reflecting the ordinance change have not yet been posted by the landlord. Deputy Chief Finlon confirmed letters notifying garbage disposal companies of changes in the hours for delivery and pick up have been mailed. Trustee Poynton requested second notices be mailed to all garbage collectors. Administrator Dixon advised Waste Management is aware of this situation but evidently their drivers still need to be educated. Dennis Abbott, 216 W. Main Street, is not in favor of spending money to obtain Michigan water; it’s too costly and a water line already exists and ends at Deer Park. As far as the geese hazing on the lake, Mr. Abbott is in favor of allowing Mr. Warren to control the geese problem on the lake. Michael Talbett, Lake County Board Member residing at 1245 Stratford Ct., was present to address any questions the Board may have regarding the application process of securing Lake Michigan water as an alternate future source. Board of Trustees Regular Village Board meeting minutes, Dec. 17, 2007 Page 2 Jim Tarbett, 1195 Cedar Creek Dr., thanked the County for making the offer and initiating the opportunity to secure water from Lake Michigan. Mr. Tarbett also questioned whether the TIF figures, from the report for Wednesday’s meeting, were to be included in the Village’s report published in the newspaper. Trustee McAvoy reminded everyone Administrator Dixon is retiring at the end of the year and tonight would be his last meeting. Trustee McAvoy thanked him for his years of service and wished him a “Happy Birthday” as well. 5. APPROVAL OF MINUTES A. Regular Village Board meeting December 3, 2007 MOTION was made by Trustee Callahan, seconded by Trustee Poynton, to approve the Regular Village Board meeting minutes of December 3, 2007. Vote vote, all in favor. MOTION CARRIED 6. CONSENT AGENDA A. Warrant dated December 17, 2007. The Finance Committee recommends approval and the Board of Trustees approves the Warrant dated December 17, 2007 in the amount of $325,210.33 which includes the following items over 5% of the total: 1. MM Burke, Inc. $85,680.00 26.35% 2. Gametime, Inc. $40,733.17 12.52% 3. Holland & Knight $26,718.39 8.21% 4. Constellation New Energy $22,820.86 7.02% 5. Midwest Operating Engineers $22,584.06 6.94% B. Amended ordinance for utility construction in rights-of-way. The Public Works Committee recommends approval and the Board of Trustees approves AN ORDINANCE COMPREHENSIVELY AMENDING TITLE 7, CHAPTER 7 OF THE LAKE ZURICH MUNICIPAL CODE TO ESTABLISH UPDATED STANDARDS AND REGULATIONS RELATED TO UTILITY CONSTRUCTION WITHIN PUBLIC RIGHTS-OF-WAY (SUPPLANTING ORDINANCE NO. 2007-09-526). (Assign ORD. #2007-12-546) MOTION was made by Trustee Taylor, seconded by Trustee Branding, to approve the Consent Agenda as read. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYES: 0 ABSENT: 0 MOTION CARRIED 7. ADMINISTRATOR’S REPORT No report. 8. ATTORNEY’S REPORT No report. Board of Trustees Regular Village Board meeting minutes, Dec. 17, 2007 Page 3 9. COMMITTEE AND TRUSTEE REPORTS No report. 10. OTHER BUSINESS A. Acceptance of amended Comprehensive Audit Financial Report. Consideration of 2007 CAFR. At last week’s Finance Committee meeting, it was discovered that a couple of pages had incorrect information. Since then, these pages have been updated and distributed. Trustee Branding requested the missing numbers on page 119 be inserted since all the information is available. Trustee Branding also wanted to be certain the introduction page i, with the list of elected and appointed officials, be inserted as well. MOTION was made by Trustee Callahan, seconded by Trustee Branding, to accept the amended comprehensive audit financial report and corrected changes to the un-audited financial report. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYES: 0 ABSENT: 0 MOTION CARRIED The Comprehensive Audit Financial reports will be collected, new corrected pages inserted and redistributed to the Board for their review. B. Discussion on Lake Michigan water. Trustee McAvoy opened this item to additional discussion continued from last week’s committee meeting. Some Trustees felt it was their due diligence to spend the money and do the study. Other Trustees felt we have an excellent water system now; especially since millions of dollars in improvements have taken place over the last few years, and with budget restraints cannot justify spending funds on this study at this time. Trustee Branding mentioned growth is mostly taking place in the west and north of us and are located closer to the aquifier. Mr. Talbett clarified that you need to participate in the study in order to receive an allocation of the water in the future. Discussion followed. MOTION was made by Trustee Poynton, seconded by Trustee Callahan, to approve the $8000 to be included in the study on Lake Michigan water. AYES: 4 Trustees Branding, Callahan, McAvoy, and Poynton NAYES: 2 Trustee Johnson and Taylor ABSENT: 0 MOTION CARRIED Board of Trustees Regular Village Board meeting minutes, Dec. 17, 2007 Page 4 C. Goose hazing from lake. Consideration of request to use starter pistol for goose hazing. Mr. Bob Warren, professional goose chaser, explained his suggested means and reasoning to use a starter pistol to keep geese from hazing on the open waters of Lake Zurich. Keeping the geese off the lake will allow it to freeze over and keep the lake safe for ice fishing and help keep the quality of water from deteriorating. Mr. Warren will be required to contact the Communications Center and advise when the starter pistol will be discharged. Several Trustees gave their support and thanked him for his outstanding work in keeping the geese out of Paulus Park and also requested he take utmost caution in going out on the lake to continue his volunteer work. MOTION was made by Trustee Johnson, seconded by Trustee Callahan, to grant permission to Bob Warren to continue the goose hazing in the winter months and approve an exception to Ordinance 4-2-1-3 Public Nuisances Affecting Peace and Safety, Section H, Noises and Vibrations section of the ordinance. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYES: 0 ABSENT: 0 MOTION CARRIED 11. ADJOURNMENT MOTION was made by Trustee Taylor, seconded by Trustee Poynton, to adjourn the meeting. Voice vote, all in favor. MOTION CARRIED Meeting adjourned at 8:58 pm. Respectfully submitted: Gloria M. Palmblad, Village Clerk Approved by: ___________________________________________________ President John G. Tolomei