D. Committee of the Whole

Amended VILLAGE OF LAKE ZURICH COMMITTEE OF THE WHOLE MAY 27, 2008 The meeting was called to order at 9:56 p.m. ROLL CALL: Present –Mayor Tolomei, Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor. Also present –Administrator Vitas, Village Attorney Burkland, Finance Director Zochowski, Police Chief Urry, Fire Chief Mastandrea, Park and Recreation Director Perkins, Public Works Director/Engineer Heyden, and Building and Zoning Director Peterson. APPROVAL OF MINUTES: April 28, 2008 Committee of the Whole: MOTION made by Trustee Poynton, seconded by Trustee Taylor, to approve the minutes of the April 28, 2008 Committee of the Whole as submitted. Voice vote, all in favor. MOTION CARRIED. May 21, 2008 Committee of the Whole: MOTION made by Trustee Callahan, seconded by Trustee Taylor, to approve the minutes of the May 12, 2008 Committee of the Whole as submitted. Voice vote, all in favor. MOTION CARRIED. May 21, 2008 Special Committee of the Whole Meeting: MOTION made by Trustee Taylor, seconded by Trustee Johnson, to approve the minutes of the Special May 21, 2008 Special Meeting as submitted. Voice vote, all in favor. MOTION CARRIED. REPORT ON CANADIAN NATIONAL ACQUISITION OF EJ&E RAILROAD Trustee Johnson provided an update on discussions and actions related to the proposed Canadian National (CN) Railway Company acquisition of the EJ&E Railroad. Senator Durbin and Representative Bean sent a letter to the Surface Transportation Board strongly opposing the establishment of time limits for NEPA review. Strategies were briefly discussed, and residents were encouraged to register their objections especially to the review time frame being requested by CN. Mayor Tolomei provided an update on the actions of the Executive Committee that he belongs to. An intergovernmental agreement is being proposed for the Mayors’ signatures. They are asking for $10,000 “seed money” to begin the process. An informal poll of the trustees showed support for the $10,000 expenditure. CONSULTANT REPORT ON MIONSKE POND Public Works Director/Engineer Heyden reviewed his memorandum dated May 22, 2008, where he addresses the proposal to prepare construction documents for the Mionske Pond improvement by Graef, Anhalt, Schloemer & Associates (GAS). The USEPA granted a verbal extension to the Committee of the Whole Minutes, May 27, 2008 2 timeline for completion to September 30, 2008 and he believes the Village can meet the deadline if GAS is retained. He said GAS has met and exceeded staff expectations on past projects, and he recommends acceptance of the proposal. MOTION made by Trustee Branding, seconded by Trustee Johnson, to recommend the Board of Trustees authorize the Village Administrator to execute the professional services proposal submitted by Graef, Anhalt, Schloemer & Associates, Inc., for the Mionske Pond Improvements in design in an amount not to exceed $32,025. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED DISCUSSION OF INTERGOVERNMENTAL AGREEMENT WITH KILDEER Administrator Vitas provided an update on the discussions with Kildeer. At this time no action is needed from the Village of Lake Zurich. He is expecting responses in the near future. LAKE MICHIGAN WATER FEASIBILITY STUDY Public Works Director/Engineer Heyden reviewed his memorandum dated May 22, 2008 that provides an update on the Lake Michigan water feasibility study and related action. The Northern Lake County Lake Michigan Water Planning Group was formed to determine the feasibility of obtaining Lake Michigan water as their primary water source. All members of the original group have agreed to enter into the next phase of the project. He said the Village of Lake Zurich must decide if they want to continue with the allocation process, which involves a proposed fee of $24,900. Public Works Director/Engineer Heyden said he finds it unlikely that Lake Zurich would be allowed to participate if they did not continue to participate in the allocation study and stressed how important timing is. If the Board recommends continuing in the allocation process, he will attempt to negotiate the fee to a lower rate since more communities would be participating. Discussion followed on the current village water supply and the existing and future water supply available from the aquifer. Trustee Taylor and Trustee Johnson were not in favor of the expenditure. After further discussion, Trustee Taylor said he now thought the proposal had merit and would support the expenditure to determine if an allocation is possible for the Village of Lake Zurich. Trustee Branding, Trustee Callahan, and Trustee McAvoy wanted to stay involved in the allocation process and would support the expenditure. Public Works Director/Engineer Heyden will bring this item forward after the fees are discussed further and hopefully reduced. DISCUSSION OF AMENDMENT OF TIF DISTRICT TO REMOVE 15 LAKEVIEW PLACE Mayor Tolomei said he asked this item to be placed on the agenda because he had been alerted by Steve Friedman of S.B. Friedman & Company that Trustee Branding’s vote on items related to the TIF District may not be in accordance with Illinois State law because her home and business are within the TIF District. Mr. Friedman was made aware of this legal perspective at a seminar he attended. Mayor Tolomei was concerned that any votes related to the TIF District would be jeopardized if Trustee Branding voted on them so he asked the State’s Attorney’s office for an opinion. The State’s Attorney’s office suggested Trustee Branding abstain from Committee of the Whole Minutes, May 27, 2008 3 voting on TIF issues to avoid violating a criminal statue and any potential prosecution. Consequently, Mr. Friedman was asked to prepare a proposal to make a TIF amendment to remove Trustee Branding’s residence at 15 Lakeview Place so she would be allowed to vote. Trustee McAvoy stated his opposition to removing any property in the TIF District due to the cost of the amendment, loss of potential revenue, and concerns about setting precedence. Trustee Taylor also expressed concerns related to setting precedence and loss of incremental revenue. Trustee Johnson did not agree that the revenue would actually be lost because it just comes out of a different “pocket.” Trustee Callahan asked if there could be an arrangement to remove Trustee Branding from the TIF District while she is an elected official and then return the property to the TIF District when she is not longer an elected official. Village Attorney Burkland said this did not appear to be feasible and pointed out that she could serve on the Village Board indefinitely. He was not sure a practical mechanism existed that could easily or inexpensively achieve this because it would involve two separate mechanisms, but would research it further. Mayor Tolomei called for public comment. Jim Tarbet, 1195 Cedar Creek Drive, said there are budgetary amendments and corrections that need to be done to the TIF District, so the Village should make necessary amendments including removing the property owned by the Village and IDOT. Mayor Tolomei pointed out that Trustee Branding purchased property in an existing TIF District, and the District was not formed after she moved in but prior to her purchase. *Trustee Branding responded that she purchased her home in 2000. It was pointed out that the TIF District began in 2002. Trustee Poynton questioned why property affected by eminent domain had been excluded in the TIF District and were handled separately. He would like to explore all issues so Trustee Branding can be allowed to vote. Village Attorney Burkland said he was not prepared to give an opinion on the risk to elected officials or the validity of votes but attempted to answer questions to the best of his ability. He stressed that the state law is not intended to be punitive but rather to help elected officials avoid the appearance of impropriety. Additionally, local laws cannot shield an official from state law. He would research all matters as directed by the Committee of the Whole. Mayor Tolomei said he understood that votes taken by the Board would be valid unless there was a swing vote, and the risk was to Trustee Branding personally. Discussion followed on the legal opinion from the office of the State’s Attorney and its implications. RECESS: The meeting was recessed from 11:20 to 11:25 to allow the video tape to be changed and reconvened with all Committee of the Whole members present. Committee of the Whole Minutes, May 27, 2008 4 Discussion continued with Trustee Taylor and Trustee McAvoy again stating they do not want any property removed from the TIF District or any action taken that could jeopardize it. Trustee Callahan and Trustee Poynton asked for more research and information to be brought forward. It was the consensus of the Committee of the Whole that Village Attorney Burkland should research this issue further. DISCUSSION ON PUBLIC COMMENT POLICY FOR VILLAGE BOARD MEETINGS Administrator Vitas asked that the Committee of the Whole review the existing ordinance related to Board of Trustees meeting and consider future policy governing public meetings. He summarized the information in the existing ordinance and pointed out that it called for two-thirds of the Board members approval to allow public comments. The ordinance references procedures as documented in Robert’s Rule of Order. Administrator Vitas said it is important that the business decorum not be disrupted, and that public meetings remain an environment where people can conduct their business. He asked the Committee of the Whole to consider how public comments can be balanced with the business portion of the meeting. A sign-in sheet, time limit, and divided public comment portion were ideas discussed. Trustees Poynton, McAvoy, and Taylor did not think any changes were necessary. Mayor Tolomei thought the suggestions deserved further consideration in particular the sign-in sheet for public comments. Trustee Johnson made a motion to have a sign-in sheet for public comment that failed for lack of a second. Not action was taken. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL, PROPERY ACQUISITION, AND PROBABLE, PENDING, AND IMMINENT LITIGATION MOTION made by Trustee McAvoy, seconded by Trustee Callahan, to adjourn to executive session at 12:00 a.m. and not reconvene to open session. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED Submitted by: Approved: 6/23/08