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2006-10-09 - Village Board Regular Meeting - Agenda Packet VILLAGE OF VILLAGE of `-� �uffolo BUFFALO GROVE Game Fifty Raupp Blvd. Buffalo Grove,IL 60089-2100 Phone 847-459-2518 Meeting of the Village of Buffalo Grove Board of Trustees Fax 847-459-7906 Regular Meeting October 9, 2006 7:30 PM I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Approval of Minutes A. Minutes of the September 18, 2006 Village Board meeting V. Approval of Warrant A. Warrant #1058 VI. Village President Report A. Consideration of appointments to the Plan Commission - Vice Chair and Secretary. (President Hartstein) B. Proclamation: National Domestic Violence Awareness Month C. Proclamation: Halloween "Trick or Treat" (President Hartstein) D. Proclamation: October 2006 as Breast Cancer Awareness Month in the Village of Buffalo Grove (Trustee Glover) VII. Reports from the Trustees VIII. Village Manager's Report IX. Special Business A. Presentation on Officer Report: Presentation of Winter Season 2006-2007 Snow and Ice Control Program and Salt Institute Excellence in Storage Award (Trustee Braiman) X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager 's Office five days prior to each meeting. Xl. Consent Agenda All items listed on the Consent Agenda , which are available in this room this evening , are considered to be routine by the Village Board and will be enacted by one motion . There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other Regular Agenda items . (Attached). XII. Ordinances and Resolutions A. Ordinance No. 2006 - , An Ordinance Amending Chapter 9.32, Smoking in Public Places, of the Village of Buffalo Grove Municipal Code . (Trustee Braiman) B. Resolution No. 2006- A Resolution Adopting Governing Policies for the Village of Buffalo Grove Government Use Channel (Buffalo Grove Television/BGTV) (Trustee Trilling) XII1. Old Business A Pre-application Conference: Turnberry Condominiums, re-plan of second building site, 105 Buffalo Grove Road, amendment of Planned Unit Development in the B -5 District. (Trustee Braiman) B Recommendation to Reject Bids for the Drafting Pit Structure at the Combined Area Fire Training (CAFT) Facility With a Request of Bid Waiver for the Purchase of a Prefabricated Structure for In-House Installation (Trustee Braiman) XIV. New Business XV. Executive Session XVI. Adjournment Approximately 10:30 p.m. The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda October 9, 2006 7:30 PM Xl. Ordinances and Resolutions A. Ordinance No. 2006- An Ordinance Amending Chapter 5.20. Liquor Controls (President Hartstein) RECOMMENDATION: Approve by motion. SUMMARY: The Ordinance provides for the rescinding of a Class A liquor license currently authorized for Aniada, Inc. d/b/a Teddy's Kitchen and Tap which has gone out of business. New Business B. Approval of Unite Private Networks - Illinois, LLC Permit Rider (Trustee Trilling) RECOMMENDATION: Approve by motion. SUMMARY: The subject permit rider formalizes the procedures to allow Unite Private Networks-Illinois LLC to work within the right of way along the streets noted . C. Approval of Certificate of Initial Acceptance &Approval for Buffalo Grove Bank & Trust, and Approval of Indemnification of Covenant (Trustee Trilling) RECOMMENDATION: Approve by motion. SUMMARY: Staff recommends the approval of the Certificate of Initial Acceptance &Approval for the Buffalo Grove Bank & Trust development program. Further, the project Indemnification and Covenant is presented for acceptance per the Village Engineer's recommendation. Old Business None Meeting of the Village of Buffalo Grove Board of Trustees Regular Meeting October 9, 2006 7:30 PM I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Approval of Minutes V. Approval of Warrant VI. Village President Report VII. Reports from the Trustees Vill. Village Manager's Report IX. Special Business X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. XI. Consent Agenda None XII. Ordinances and Resolutions XIII. Old Business XIV. New Business XV. Executive Session XVI. Adjournment: Approximately 10.30 p.m. The Village Board will make every effort to accommodate all items on the agenda by 10.30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10.30 p.m. The Village of Buffalo Grove, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda October 9, 2006 7:30 PM XI. Ordinances and Resolutions None New Business None Old Business None 11782 09/18/2006 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, SEPTEMBER 18, 2006 CALL TO ORDER President Hartstein called the meeting to order at 7:37 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein; Trustees Braiman, Glover, Berman, Kahn, Trilling and Rubin. Also present were: William Brimm, Village Manager; William Raysa, Village Attorney; Ghida Neukirch, Deputy Village Manager; Scott Anderson, Director of Finance; Art Malinowski, Human Resources Director; Robert Giddens, MIS Director; Brian Sheehan, Village Health Officer; Fire Chief Sashko. APPROVAL OF MINUTES Moved by Berman, seconded by Kahn, to approve the minutes of the September 11, 2006 Rescheduled Regular Meeting. Upon roll, Trustees voted as follows: AYES: 6 —Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYS: 0—None Motion declared carried. WARRANT #1057 Mr. Anderson read Warrant 41057. Moved by Glover, seconded by Berman, to approve Warrant 41057 in the amount of$1,631,660.79, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 —Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein again congratulated the Buffalo Grove Fire Department on their 25t'Anniversary and the very successful Open House held this past weekend. 11783 09/18/2006 President Hartstein read from a Proclamation declaring the week of October 8-14, 2006 as Fire Prevention Week in the Village of Buffalo Grove, and called upon residents to participate in activities at home, school and work to follow the theme for 2006, which is "Prevent Cooking Fires —Watch What You Heat". President Hartstein reported on the ribbon-cutting ceremony that was held at Deerfield Parkway, and noted that the small amount of work that needs to be done should be completed within the next two weeks. TRUSTEE REPORTS Trustee Kahn thanked the Fire Department personnel for the excellent Code 3 presentation put on last week in response to the recent fires caused by lightning. The program was very well attended and received by residents. Trustee Rubin reminded residents that the Village Smoking Ordinance goes into effect on October 1, 2006. Trustee Berman, on behalf of the Fire Department and the Board, thanked Lake County Commissioner David Stolman for his personal and generous donation of an AED device to the Buffalo Grove Fire Department at Saturday's Open House. VOTER REGISTRATION The Village Clerk noted that the last day to register to vote in the November 7, 2006 general election is October 10, 2006. RECYCLING The Village Clerk noted that there are several dates for recycling events this fall, including document destruction, computer and electronics and household chemical waste; she urged residents to get further details on these events at www.swancc.or . MONTHLY ACTIVITIES REPORT Mr. Brimm noted the submittal of the Management Report for the month of August; there were no questions on the report. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not on he agenda; there were none. 11784 09/18/2006 CONSENT AGENDA There are no items on the Consent Agenda tonight. ORDINANCE #2006-50—891 SILVER ROCK Moved by Braiman, seconded by Berman, to pass Ordinance 42006-50, approving a special use for a child day care home at 891 Silver Rock Lane zoned in the R-4A District, in accordance with the memo distributed to the Board. Upon roll call, Trustees voted as follows: AYES: 6 —Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYS: 0—None Motion declared carried. RESOLUTION #2006-30 —EMERGENCY OPERATIONS Moved by Rubin, seconded by Berman, to pass Resolution 42006-30, accepting the Village of Buffalo Grove Emergency Operations Plan. Mr. Giddens made a brief presentation summarizing the proposed resolution. Trustee Kahn thanked staff for the memorial to Paul Soucy. The plaque was displayed on Mobilecom during the Open House and is a most appropriate tribute to Mr. Soucy's service to the Village. Upon roll call, Trustees voted as follows: AYES: 6 —Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYS: 0—None Motion declared carried. EXECUTIVE MEETING Moved by Kahn, seconded by Berman, to move to Executive Meeting to discuss Pending Litigation. Upon roll call, Trustees voted as follows: AYES: 6 —Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYS: 0—None Motion declared carried. The Board moved to Executive Meeting from 7:54 P.M. until 8:26 P.M. 11785 09/18/2006 ADJOURNMENT Moved by Berman, seconded by Braiman, to adjourn the meeting. Upon voice vote, the motion was declared carried, and the meeting was adjourned at 8:28 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS DAY OF , 2006 Village President Board Agenda Item Submittal VI-B Requested By: William H Brimm Entered By: Leisa M Niemotka Agenda Item Title: Proclamation: National Domestic Violence Awareness Month Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/14/2006 10/09/2006 0 Consent Agenda OVM Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. In recognition of the important work done by domestic violence programs such as A Safe Place/Lake County Crisis Center which has provided services to victims of domestic violence in Lake County for 26 years, this document proclaims the month of October to be Domestic Violence Awareness Month in Buffalo Grove, and urges all citizens to participate activities to eliminate the use of personal and institutional violence against women. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal VI-C Requested By: Steve S Balinski Entered By: Leisa M Niemotka Agenda Item Title: Proclamation: Halloween"Trick or Treat' Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 10/05/2006 10/09/2006 0 Consent Agenda OVM Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Proclaims Tuesday, October 31, 2004 as TRICK-OR-TREAT DAY in Buffalo Grove and urges children and their parents to cooperate in limiting the time of trick-or-treat activities between the hours of 2:00 P.M. and 7:00 P.M. Also urges parents or other responsible adults to accompany children, and householders, wherever they are able to do so, to cooperate in making this a happy occasion for all youngsters by limiting "treats" to non-edible items. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal VI-D Requested By: DeAnn Glover Entered By: Leisa M Niemotka Agenda Item Title: Proclamation:October 2006 as Breast Cancer Awareness Month in the Village of Buffalo Grove Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 10/05/2006 10/09/2006 0 Consent Agenda OVM Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is a proclamation for the October 9, 2006 Village Board Meeting proclaiming October 2006 as National Breast Cancer Awareness Month and October 20,2006 as National Mammography Day in the Village of Buffalo Grove. Since cancer awareness and early screenings are the most effective ways to detect this type cancer in its earliest and most treatable stage,getting this information out to residents is an important step towards achieving this goal. The Northwest Community Healthcare has a free program that may be of interest to our residents concerning breast cancer. They have scheduled a program called Celebrate Life/Share the Journey: A Day for Breast Cancer Survivors and their Loved Ones on Saturday October 21, 2006 from 9:00 a.m.to 1:30 p.m. This program will be held at the Metropolis Ballroom &Theater in Arlington Heights. The Metropolis is located at 6 South Vail in downtown Arlington Heights. Registration is required for this free program and can be made by calling (847) 618-3463. Additional information on this and other workshops can be obtained on the Health Connection website at www.nch.org. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files r , i Breast Cancer Awareness Month Proclamation for 2006.pdf Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: V VILLAGE OF BUFFALO GROVE [Wroclamation PROCLAIMING OCTOBER 2006 AS BREAST CANCER AWARENESS MONTH FOR THE VILLAGE OF BUFFALO GROVE WHEREAS, in the year 2006, the month of October has been declared National Breast Cancer Awareness Month; and, WHEREAS, October 20, 2006 has been designated as National Mammography Day; and, WHEREAS, according to the American Cancer Society, in 2006, almost 213,000 women will be diagnosed with breast cancer and over 40,000 women will die from the disease; and, WHEREAS, early detection and prompt treatment can significantly reduce suffering and deaths caused by this disease; and, WHEREAS, mammography is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt; NOW, THEREFORE, BE IT PROCLAIMED THAT THIS BOARD OF TRUSTEES FOR THE VILLAGE OF BUFFALO GROVE, ILLINOIS DOES DECLARE OCTOBER 2006 AS NATIONAL BREAST CANCER AWARENESS MONTHAND OCTOBER 20, 2006 AS NATIONAL MAMMOGRAPHYDAYAND URGE ALL PERSONS IN OUR COMMUNITY TO BECOME AWARE OF THEIR O WN RISKS OF BREAST CANCER, TO TALK TO THEIR HEAL TH CARE PROVIDERS ABOUT BREAST CANCER,AND, WHENEVER APPROPRIATE, TO GET SCREENED FOR THE DISEASE. DATED, at the Village of Buffalo Grove, Illinois on this 9th day of October, A.D., 2006, Village Clerk Village President Board Agenda Item Submittal xIv A Requested By: Richard A Kuhl Entered By: Richard A Kuhl Agenda Item Title: Presentation of Winter Season 2006-2007 Snow and Ice Control Program and Salt Institute Excellence in Storage Award Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/29/2006 10/09/2006 ❑ Consent Agenda PW Regular Agenda ❑ None Does this item Does this item include Specify Other: Will AV equipment be relate to another additional reference ❑ Hardcopy Distribution required to present item on the info separate from the this item to the agenda? Board packet? El Trustee Lounge El Clerk's Clerk's Office ❑ Other ❑ Yes 0No 0 Yes ❑ No ❑ Yes 0No Exhibits can be accessed in: Item Description Will this action involve an expenditure in 0 Yes ❑ No Yes ❑ No funds? Is this a budgeted item.? Projected total budget impact: Additional Notes regarding Expenditures: Funding for all aspects of the program have been integrated into the Village's Division of Street Operations Budget for FY 2006-2007. Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Staff will present the Excellent in Storage award and continue with the presentation of the Snow and Ice Control Program for the upcoming 2006-2007 winter season. The Public Works operations and utilities staff have reviewed the plan and provided input in order to suggest improvements to the plan. Minor improvements have been made in plowing routes due to the completion of Deerfield Parkway and the change over of maintenance to the Lake County Highway Department. All operational levels of the plan will remain the same as last year. Staffing for backup plowing continues to be a challenge. Utilities personnel along with police and fire personnel will fill these positions during major storm events. Again the sidewalk snow removal plan will be used on our major corridors and around schools. This program will be completed the following day after each plowing event as in the past. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files r snow mem.pdf Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: i TO: William H. Brimm, Village Manager FROM: Richard A. Kuhl, Superintendent of Public Works Operations DATE: September 28, 2006 SUBJECT: Snow and Ice Control Prograrn Presentation Staff will present the Excellent in Storage award and continue with the presentation of the Snow and Ice Control Program for the upcoming 2006-2007 winter season. The Public Works operations and utilities staff have reviewed the plan and provided input in order to suggest improvements to the plan. Minor improvements have been made in plowing routes due to the completion of Deerfield Parkway and the change over of maintenance to the Lake County Highway Department. All operational levels of the plan will remain the same as last year. Staffing for backup plowing continues to be a challenge. Utilities personnel along with police and fire personm,f;l will Fill these positions during major storm events. Again the sidewalk snow removal plan will be used on our major corridors and around schools. This program will be completed the following day after each plowing event as in the past. If you have any questions, please let me know. Ri and A Kuhl Board Agenda Item Submittal XI-A Requested By: Jane L Olson Entered By: Jane L Olson Agenda Item Title: Ordinance No.2006- An Ordinance Amending Chapter 5.20. Liquor Controls Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: Consent Agenda 09/28/2006 10/09/2006 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The liquor license for Aniada, Inc. d/b/a Teddy's Kitchen and Tap, 100 McHenry Road is revoked. The owner is no longer conducting business. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Class A License.doc Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: ORDINANCE NO.2006- AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES,ILLINOIS.As follows: Section 1. Subsection A. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: A. Class A. Licensee and d/b/a Address 1. Luma Limited. d/b/a Lou Malnati's 85 South Buffalo Grove Road 2. Select Restaurants,Inc. d/b/a Caf6 Winberie 800 Lake-Cook Road 3. Rack`Em Up Chicago,Inc. 312 McHenry Road 4. Little Pizza,Inc. d/b/a Little Italian 1175 McHenry Road 5. The Schwaben Center 301 Weiland Road 6. Mongolian BBQ Palace,Inc. 154-158 McHenry Road 7. Outback/Chicago-1,Limited Partnership 720 Lake-Cook Road d/b/a Outback Steakhouse 8. Foods by M.E. 111,Inc. d/b/a 1281 W.Dundee Road The Melting Pot Restaurant 9. Las Palmas Restaurant,Inc. 86 W.Dundee Road 10 Tap Room Hospitality LLC d/b/a 48 Raupp Boulevard Connie's Clubhouse&Tavern 11. Midas Banquets,Inc. d/b/a Astoria Banquets 1375 W.Dundee Road 12. Progressive Management Services,LLC 401 Half Day Road 13. EsKape Entertainment Center LLC 350 McHenry Road 14. Cafe Madras,Inc. d/b/a India House 228 McHenry Road 15. Mt.Diamond Corp. d/b/a Kum Kang San Restaurant 1329 W.Dundee Rd. 16. Cy's Crab House North,Inc. 301 North Milwaukee Avenue 17. Catering by Michael's,Inc. d/b/a Chicago Indoor Racing 301 Hastings Lane 18. Golden Duck Inc. d/b/a 301 Weiland Road The Grove Banquets and Meeting Rooms Section 2 The license for Aniada,Inc.d/b/a Teddy's Kitchen and Tap, 100 McHenry Road is revoked. Section 3 This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: APPROVED: Village President ATTEST: Village Clerk Board Agenda Item Submittal XI-B Requested By: Dick Kuenkler Entered By: Debra J Akers Agenda Item Title: Approval of Unite Private Networks-Illinois, LLC Permit Rider Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/26/2006 10/09/2006 � Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is the Permit Rider for work proposed by Unite Private Networks — Illinois, LLC, on Asbury Drive, Deerfield Parkway, Weiland Road, Aptakisic Road, Lake Cook Road, and Arlington Heights Road. Approval is recommended. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files r i UNITE PERMIT RIDER.PDF Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William H. Brimm Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: September 26, 2006 SUBJECT: UNITE PRIVATE NETWORKS—ILLINOIS, LLC PERMIT RIDER Attached is the Permit Rider for work proposed by Unite Private Networks -- Illinois, LLC, on Asbury Drive, Deerfield Parkway, Weiland Road, Aptakisic Road, Lake Cook Road, and Arlington Heights Road. Approval is recommended. Richard K. Kuenkler, P.E. G:IENGINEERIRKKIMEMOS1909.doc Attachment xc: Robert Luif, Engineering Manager VILLAGE OF BUFFALO GROVE AGREED RIDER TO RIGHT-OF-WAY PERMIT ISSUED TO UNITE PRIVATE NETWORKS--ILLINOIS, LLC THE PERMIT, attached hereto, is issued by the Village of Buffalo Grove (the "Village") to UNITE PRIVATE NETWORKS — ILLINOIS, LLC, to permit UNITE PRIVATE NETWORKS — ILLINOIS, LLC to construct, operate, maintain, install, use, test, repair, inspect, replace and remove in and through the public rights-of-way of the Village designated in the plans submitted by UNITE PRIVATE NETWORKS — ILLINOIS, LLC in support of its permit application, attached hereto as Exhibit A ("the Work"), certain wireline telecommunications facilities described in the Work. This permit is granted to UNITE PRIVATE NETWORKS — ILLMOIS, LLC by the Village in consideration of and in reliance on the following representations and agreements: 1. Construction Permit Fee UNITE PRIVATE NETWORKS — ILLINOIS, LLC shall pay to the Village an application, review and construction permit fee of One Thousand Dollars ($1,000.00). This fee is to reimburse the Village for regulatory and administrative costs with respect to the Work, which costs the Village represents have been or will be incurred, and is not deemed to be compensation for use of the public rights-of-way. 2. Chan es to the Work The Permit is limited to the Work described in Exhibit A. Nothing herein shall be deemed to authorize construction of telecommunications facilities beyond the scope of the Work described in Exhibit A. The foregoing provisions of this Section notwithstanding, the Village Engineer shall be permitted to approve in writing appropriate field changes requested by UNITE PRIVATE NETWORKS — ILLINOIS, LLC in the plans and specifications approved as Exhibit A, without requiring an amendment to the Permit or this Rider. The Village Engineer shall approve or deny requests by UNITE PRIVATE NETWORKS — ILLINOIS, LLC for field changes within three (3) business days after UNITE PRIVATE NETWORKS — ILLINOIS LLC provides all information and/or documentation reasonably requested by the Village Engineer, and the Village Engineer's approval shall not be unreasonably withheld or delayed. 3. Permit Does Not Grant Exclusive Rights The Permit and Rider do not grant UNITE PRIVATE NETWORKS -- ILLINOIS, LLC exclusive rights of use or enjoyment of any municipal right-of-way. UNITE PRIVATE NETWORKS — ILLINOIS, LLC shall GAENGINEERTORMSTERM[T RIDER UNITE.doc I i f respect the rights and property of the Village and other authorized users of streets, sidewalks, easements, power poles, street light poles, vaults, conduits and rights-of-way, and property owners. 4. Indemnification of Village UNITE PRIVATE NETWORKS — ILLINOIS, LLC shall indemnify, defend and hold harmless the Village and its officers, employees, agents and representatives from and against any and all damages, losses and expenses, including reasonable attorneys fees and costs of suit or defense, to the extent arising out of the negligent, careless or wrongful acts, omissions, failures to act of misconduct of UNITE PRIVATE_NETWORKS ---- ILLINOIS, LLC or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of the Work. 5. Provision of As-Built Drawings At the completion of the Work, UNITE PRIVATE NETWORKS ILLINOIS, LLC shall provide the Village with as-built drawings of the Work. 6. Neither UNITE PRIVATE NETWORKS — ILLINOIS, LLC nor the Village waive any authority or right given to such party under Federal, State and Local statutes, laws, ordinances, and case law. 7, UNITE PRIVATE NETWORKS --- ILLINOIS LLC engineers will be accessible to the Village engineer concerning any questions with the construction plans. S. The Village will be named an additional insured on all contractors' liability policies. 9. A performance bond, for municipal rights-of-way, will be provided for the proposed new build(including non-existing and existing conduit and/or poles). 10. Upon receiving at least 60 days notice from the Village, UNITE PRIVATE NETWORKS — ILLINOIS, LLC shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any of the Work, (including but not by way of limitation any adjacent public improvement such as sidewalks or sewers) whenever the Village shall have determined that such removal, relocation, change or alteration: (1) is reasonably necessary for the location, construction, replacement, maintenance, improvement or use of other Property of the Village; or (2) is reasonably necessary for the operations of the Village and in the case of either (1) or (2), the Village has determined that other telecommunications or electric utilities facilities located in generally the same location (such that (1) or (2) apply) as UNITE PRIVATE NETWORKS — ILLINOIS, LLC facilities must also be removed, relocated, changed or altered. 11. UNITE PRIVATE NETWORKS — ILLINOIS, LLC will comply with Village construction standards and restoration requirements. GAENGINEERTORMSTERMIT RIDER UNITE.doc 2 12. UNITE PRIVATE NETWORKS — ILLINOIS, LLC will inform the Village by written notice, at least 24 hours in advance of when and where the Work will be and the beginning and ending times of the Work. 13. It is understood and agreed that none of the Work depicted in Exhibit A hereto is above ground. IN WITNESS THEREOF, the parties have signed below, effective as of this 2nd day of October, 2006, by their duty authorized representatives. VILLAGE OF BUFFALO GROVE UNITE PRIVATE NETWORKS -- ILLINOIS, LLC By: B Its: Its: ���' l� Q Attest: Attest: Its: Its: .00:F .. . T 0TAR�'��t� kyy' 16-11-0 • �G :O '9 B L ,.•Pp OF Co GAENGINEERIFORMSTERMIT RIDER LJNITE.doc 3 Board Agenda Item Submittal XI-C Requested By: Dick Kuenkler Entered By: Debra J Akers Agenda Item Title: Approval of Certificate of Initial Acceptance&Approval for Buffalo Grove Bank&Trust,and Approval of Indemnification of Covenant Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 10/02/2006 10/09/2006 � Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is the Certificate of Initial Acceptance & Approval for the above-mentioned project. The project is complete and approval is recommended. In addition, the approved plan provided for a ten-foot break in the masonry wall where it crosses over a Village watermain. This gap was not constructed. To protect the Village regarding the masonry wall over the watermain, the attached Indemnification and Covenant has been prepared and its acceptance is recommended. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files BG Bank&Trust.PDF Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William H. Brimm Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: September 26, 2006 SUBJECT: BUFFALO GROVE BANK & TRUST INITIAL ACCEPTANCE AND APPROVAL OF INDEMNIFICATION OF COVENANT Attached is the Certificate of Initial Acceptance & Approval for the above-mentioned project. The project is complete and approval is recommended. In addition, the approved plan provided for a ten-foot break in the masonry wall where it crosses over a Village watermain. This gap was not constructed. To protect the Village regarding the masonry wall over the watermain, the attached Indemnification and Covenant has been prepared and its acceptance is recommended. Richard K. Kuenkler, P.E. G:IENGINEERIRKKIMEMOS1910.doe Attachments xc: Michael Abruzzini, Buffalo Grove Bank & Trust VILLAGE OF BUFFALO GROVE CERTIFICATE OF INITIAL ACCEPTANCE AND APPROVAL SUBMIT COMPLETED FORM ALONG WITH ONE MYLAR AND TWO SETS OF "AS-BUILT' PLANS. ALL INFORMATION MUST BE TYPED. SUBDIVISION BUffaloGrove „Bank & Trust DEVELOPER Buffalo_ Grove Bank & Trust UNIT NO. LOCATION Buffalo Grove Rd. -&-Old Checker Rd. Dedicated Public Right of Way fif any): Name Buffalo Grove RFrom to Length 365 ft. Width 10 ft. Old Checker Rd. 52 ft. 5 ft. Description of Public Improvements: Widening Buffalo Grove Rd. and entrance onto Old Checker Road Description of Private Improvements: Sanitary and water services, stormwater detention facolity, parking lot One-Year Maintenance Guarantee: Type of Security r Identification r y'/7 DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the improvements described above have been completed in accordance with the approved plans and specifications, and items indicated on the Fi al Punch List dated October 26, , which was pre a ed by eton Enginee bee completed. `���,,s ►I Aft/f Aft Engineer's i nature & Seal ESS OWNER'S/DEVELOPER'S CERTIFICATION0*1 %4' ONO All improvements have been completed and are hereby presented for initial Acceptance and yaac to the Village of Buffalo Grove. I also herewith acknowledge my responsibility to provide a one-year Guarantee to cover workmanship, materials, and maintenance for all improvements referred to herein. The undersigned Owner does hereby convey and deliver to the Village of Buffalo Grove the foregoing listed public improvements and does hereby covenant that said improvements are free of all encumbrances and does hereby warrant and w defend the same against the claims and demands of all persons. ner's Sign r Page 1 of 2 MUNICIPAL INSPECTOR'S CERTIFICATION I/we hereby certify that Ilwe have regularly inspected the above described unit(s) of the above described Subdivision during the progress of construction and to the best of my/our knowledge; the work has been completed in conformance with the approved plans and specifications. 1 1 2& SAP d(t7 _O." 1 K _ Date Municipal Inspect Date Municipal inspector VILLAGE ENGINEER'S CERTIFICATION hereby certify that the Division of Engineering Services has reviewed the above described unit(s) of the above described Subdivision and find them in conformance with the applicable Village ordinances, codes, and IPreeme s. 40 atUEngitneeZr &&!!!!!�� Dat illage PUBLIC WORK'S CERTIFICATION I hereby certify that the Department of Public Works has inspected all pub ' improvements described above and find them in proper condition for acceptance for mainte an y his Department. � o �Date Direc f Nfic I ks VILLAGE MANAGER'S CERTIFICATION I hereby certify that all applicable Village ordinances, codes, and special agreements have been complied with by the Owner of the above described Subdivision. Date Village Manager ACCEPTANCE OF PUBLIC IMPROVEMENTS The Village of Buffalo Grove does hereby approve and accept for ownership the above described public improvements subject to the one-year Guarantee by the Developer covering all materials, workmanship, and maintenance. Village Board of Trustees Action: Date Page No. Date Village President Page 2 of 2 'S INDEMNIFICATION AND COVENANT This instrument was prepared by: Greenberg Traurig, LLP 77 W. Wacker Drive Suite 2500 Chicago, Illinois 60601 Attn.: Amy C. Kurson INDEMNIFICATION This Indemnification(hereinafter"Indemnification") is made this X7 day of JVUY 2006 (the "Effective Date"), by Buffalo Grove Bank and Trust, a branch of Northbrook Bank and Trust Company(`Bank"); WHEREAS, Bank is the owner of the property at 200 N. Buffalo Grove Road, Buffalo Grove, Illinois,which is legally described on the attached Exhibit A("Property"); WHEREAS, Bank has constructed a bank building at the Property and as part of the improvements of the Property, Bank has constructed a masonry fence ("Masonry Fence") along the western boundary of the Property("Fence Line"); WHEREAS, the Masonry Fence crosses over a Village of Buffalo Grove ("Village") water main, as illustrated on the attached Exhibit B ("Intersection"); WHEREAS, Bank has granted Village easements for access to all public utilities at the Property, including easements for access to the water main at the Intersection as per the Checker Road Plat of Resubdivision, recorded as Document Number 5687219 on November 22, 2004, with the Lake County Recorder of Deeds; NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and for other good and valuable consideration the receipt and sufficiency is hereby acknowledged, Bank agrees as follows: 1. Bank shall indemnify the Village its officers and employees harmless from and against any loss, cost, direct or indirect, liability, damage, claim or expense, including attorneys fees, suffered or incurred by Village as a result of Village's removal of no more than ten (10) linear feet o f t he M asonry F ence, i ncluding i is f oundation, o ver t he Intersection, i f s uch r emoval i s necessary for the Village to repair, replace, reconstruct or maintain the water main at or near the Intersection. w 2. In the event that Village removes a portion of the Masonry Fence and its foundation at the Intersection, Bank shall replace that portion of Masonry Fence with a wooden fence, approved by the Village, which shall extend no less than five (5) linear feet on either side of the Intersection and shall replace all landscaping along the Fence Line as required by the landscape plan as attached hereto as Exhibit C; 3. Bank shall assume the burden and expense of defending Village against all legal and administrative proceedings arising out of the occurrences set forth in this Indemnification. Village shall have the right but not the obligation to participate in the defense of any such proceedings. Bank may compromise and settle any such proceedings with the consent of the Village, which consent shall not be unreasonably withheld, nor shall such consent be denied provided that Village shall not have responsibility or liability for payment or discharge of any amount and that Village shall not have obligation to take any other action. 4. This Indemnification shall run with the land shall be binding on the owner and their successors and assigns. IN WITNESS WHEREOF,Bank has caused this Indemnification to be executed as of the date first set forth above. Buffalo Grove Bank and Trust, a branch of Northbrook BKk and Trust Company("Bank'); B Name: fA I ( )�I, AfkviTu v 1 STATE OF ILLINOIS ) SS COUNTY OF LAKE ) c I , � /Th� a Notary Public in and for said County, in the State aforesaid, do hereby certify that M l c.H AyL. &0,-0 wj whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses an purpose therein set forth Given under m hand and official seal this / day of �2 - , A.D. 2006. Notary Public , My Commission Expires: �OFzMarsNotary PuGMy commissio8,2007 EXHIBIT A Lot 1 in the Checker Road Resubdivision, according to the Plat thereof recorded November 22, 2004, as Document No. 5687219,in Lake County Illinois. P.I.N. 15-33-302-037 EXHIBIT B INTERSECTION U-C4 1 to W Itlil G I ! 1 tS III BIC I INTERSECTIOR .- .5 s x x .x-. x -- x x %s ——- - _II _: —I -—j— . j s � ;•�� L J I � Its o�I N` [l, ' � I � .�1 11 ko •1 14 41 2 1 , �IlAl J90 e 4 < Board Agenda Item Submittal xII-A Requested By: Ghida Neukirch Entered By: Ghida Neukirch Agenda Item Title: Ordinance No.2006- An Ordinance Amending Chapter 9.32, Smoking in Public Places,of the Village of Buffalo Grove Municipal Code. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 10/04/2006 10/09/2006 0 Consent Agenda OVM Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. BACKGROUND. On April 17, 2006, the Village Board approved Ordinance No. 2006-019, amending Chapter 9.32, Smoking in Public Places, of the Village of Buffalo Grove Municipal Code. The ordinance sets forth a smoking ban in all enclosed public places and places of employment in Buffalo Grove. The entire document can be found on the Village's web site at www.vbg.org. A committee met on several occasions to discuss the initiative, held a public hearing, and coordinated a community opinion survey where more than 400 responses were reviewed and more than 90% supported a smoking ban. The Committee also reviewed regulations including Deerfield, Highland Park, Wilmette, Skokie and Cook County. The Village's smoking regulations went into effect on October 1, 2006. The primary purpose of the delayed effective date was to properly educate the public about the new regulations. NEW CONSIDERATION. The Village has been requested to consider a revised ordinance that would allow smoking in a bar providing that the owner has a separate HVAC system and met other regulations. The extension would only allow smoking in the bar through January 1, 2007. The reasoning suggested to the Board is that neighboring communities, such as Arlington Heights and Wheeling, are anticipated to adopt smoking bans by the end of the calendar year. If approved,the regulations would permit smoking in a service or patron bar of a restaurant as follows: A. An owner or operator may allow smoking within their service or patron bar area,which is part of a restaurant, if they can demonstrate to the reasonable satisfaction of the Village Manager, that the service or patron bar is an Enclosed Area and equipped with separate air filtration, purification devices or similar technologies from the dining area. B. If the requirements of subsection A hereof are complied with, the Village Manager may allow smoking in the service or patron bar area through,but not to exceed, January 1, 2007. "Enclosed area" is defined as "all space in any structure or building that is enclosed on all sides by any combination of walls,windows, or doorways, extending from floor to the ceiling". OTHER COMMUNITIES. Since the adoption of Buffalo Grove's regulations, the following municipalities have approved ordinances prohibiting smoking in enclosed public places with limited exemptions (similar to Buffalo Grove). Exemptions for bars/restaurants are noted below. 1) Libertyville - Ordinance approved effective 10/l/06. No exemption for bars/restaurants. 2) Lincolnshire - Ordinance approved effective 8/l/06. Exemption provided for an enclosed area of a restaurant or club (no portion of the dining area); plus performers of any live musical, dance, theatrical or dramatic event. 3) Rolling Meadows -Ordinance approved effective 1/2/07. No exemption for bars/restaurants. 4) Schaumburg - Ordinance approved effective 1/2/07. No exemption for bars/restaurants. 5) Vernon Hills - Ordinance approved effective 10/l/06. No exemption for bars/restaurants. 6) Arlington Heights - The Committee of the Whole met on September 11, 2006 to discuss this subject matter. The Village Board is expected to review a draft ordinance in November, 2006. The ordinance is anticipated to be comparable to Buffalo Grove - providing no exemption for the majority of bars/restaurants. 7) Wheeling - Staff was advised that the Wheeling Board of Health conducted a public hearing and will be recommending a"full smoking ban"to the Wheeling Village Board at a workshop on Monday, October 16, 2006. The smoking ban would be consistent with Buffalo Grove and other neighboring community regulations. This recommendation is inconsistent with the Chamber and Restaurant Row Association's recommendation, both of whom are recommending exemptions for bars/restaurants. The Village Board is expected to review the Board of Health recommendation on October 16, 2006, and then direct staff to prepare an ordinance for a later date. It is unknown if their effective date will be January or March, 2007, consistent with Cook County's effective date. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files FT__ Smoking Ord Revise 10-4-06.doc Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: 10-4-06 ORDINANCE NO. 2006 - AN ORDINANCE AMENDING CHAPTER 9.32, SMOKING IN PUBLIC PLACES, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Ordinance No. 2006-19 was approved by the Village of Buffalo Grove Corporate Authorities on April 17, 2006 and created a prohibition of smoking in enclosed public places by enacting Chapter 9.32 of the Buffalo Grove Municipal Code; and WHEREAS, a public opinion survey was conducted by the Village of Buffalo Grove whereby the vast majority of responses supported a smoking ban in Buffalo Grove; WHEREAS, neighboring communities to Buffalo Grove including the Village of Arlington Heights and Village of Wheeling are considering regulations to prohibit smoking in all enclosed public places; WHEREAS, in an effort to create a level playing field, service or patron bars which are separated from restaurants may apply for an extension of time of the application of Chapter 9.32 of the Buffalo Grove Municipal Code through January 1, 2007 provided they meet the requirements set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 9.32.025 is hereby added to the Village of Buffalo Grove Municipal Code to read as follows: Chapter 9.32 Smoking In Public Places 9.32.025 Smoking Permitted in Service or Patron Bars of a Restaurant A. An owner or operator may allow smoking within their service or patron bar area, which is part of a restaurant, if they can demonstrate to the reasonable satisfaction of the 1 Village Manager, that the service or patron bar is an Enclosed Area and equipped with separate air filtration, purification devices or similar technologies from the dining area. B. If the requirements of subsection A hereof are complied with, the Village Manager may allow smoking in the service or patron bar area through, but not to exceed, January 1, 2007. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: 12006. APPROVED: 12006. PUBLISHED: 12006. APPROVED: Village President ATTEST: Village Clerk 2 Board Agenda Item Submittal xII-B Requested By: William H Brimm Entered By: William H Brimm Agenda Item Title: Resolution No.2006- A Resolution Adopting Governing Policies for the Village of Buffalo Grove Government Use Channel(Buffalo Grove Television/BGTV) Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 10/02/2006 10/09/2006 0 Consent Agenda OVM Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. On August 7th and 21 st, staff has presented a proposed Policy and Procedures for Programming regarding the cable system offering commonly known as Channel 6 (Buffalo Grove Television or BGTV). Based upon Board comments from those presentations,the matter was assigned, as suggested by the Board to Mr. Raysa and to Trustee Berman in his role as Legal Portfolio representative of the Board since the latter meeting's concerns were legally rather than program based. To that end,a revised Policy and Procedures draft, reflecting further legal as well as staff input, is submitted for your review, comment and consideration. The amended Policy, dated September 28, 2006 is provided in both a "clean"and "marked"format to facilitate such review. In summary,the following changes are suggested in support of the comments made: • The purpose of the Policy is amended to reflect the fact that BGTV is a "government use channel as provided for in the Cable Communications Policy Act of 1984 rather than a"government access channel".As such,the Village retains the right, in its sole discretion,to determine programming for the Channel and further, it is noted that only the Village has right of access to BGTV. • Further,the suggested language is intended to affect a policy to protect the Village's ability to call BGTV a"government access channel" under the Act. This is important in order to promote and protect our ability to both grant and deny access based upon the Cable Committees review of content requests. • Section V further clarifies that BGTV is not intended or meant to be a public forum in any sense of the word other than to be available for Village programming. As permitted in the Act, our ability to retain editorial control over content is affirmed. • The previous drafting included language regarding Political Broadcasts. This language is proposed for elimination based upon concerns regarding equal protection, equal access and the ability to manage the Policy within a political environment that may not be favorable or in support of Village positions and policies. In addition, forums require an approach that has not been anticipated,that being the provision of both financial and staff time to coordinate and produce such programming. • The roles of the Cable Committee are maintained as suggested in prior drafting. As with any other Village committee, commission or board,the actions and recommendations of the Cable Committee will be communicated with the entire Corporate Authority as part of the administrative responsibilities assigned to the Committee. With these changes,we believe the proposed is consistent with the direction of the Village Board. As with any policy, and especially applicable to one that is new,the intent is to place the Policy into action immediately but understanding that suggested concepts may remain dynamic as they are implemented. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files chanGpol.pdf Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: RESOLUTION No. 2006- A Resolution Adopting Policy and Procedures for Programming on Village of Buffalo Grove Television (BGTV) WHEREAS,the Village's government channel is programmed,administered,and operated by the Village of Buffalo Grove;and WHEREAS,the channel is designated for the exclusive use of the Village of Buffalo Grove; NOW,THEREFORE,BE IT RESOLVED BY THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,ILLINOIS,as follows: Section 1.That the"Policy and Procedures For Programming on Village of Buffalo Grove Television("BGTV")"attached hereto and incorporated herein is hereby approved and adopted. Section 2.That the Village Manager is hereby authorized to take such steps necessary to implement the policy approved by this resolution,as of October 9,2006. AYES: NAYES: ABSENT: PASSED: 72006 APPROVED: ,2006 Approved: Village President Attest: Village Clerk TO: President and Board of Trustees FROM: William H.Brimm DATE: October 2,2006 SUBJECT: Policy and Procedures- Channel 6(BGTV) On August 7th and 21 st, staff has presented a proposed Policy and Procedures for Programming regarding the cable system offering commonly known as Channel 6 (Buffalo Grove Television or BGTV). Based upon Board comments from those presentations,the matter was assigned,as suggested by the Board to Mr. Raysa and to Trustee Berman in his role as Legal Portfolio representative of the Board since the latter meeting's concerns were legally rather than program based. To that end, a revised Policy and Procedures draft, reflecting further legal as well as staff input, is submitted for your review, comment and consideration. The amended Policy,dated September 28,2006 is provided in both a"clean"and"marked" format to facilitate such review. In summary,the following changes are suggested in support of the comments made: • The purpose of the Policy is amended to reflect the fact that BGTV is a "government use channel as provided for in the Cable Communications Policy Act of 1984 rather than a "government access channel". As such,the Village retains the right,in its sole discretion,to determine programming for the Channel and further,it is noted that only the Village has right of access to BGTV. • Further,the suggested language is intended to affect a policy to protect the Village's ability to call BGTV a "government access channel" under the Act. This is important in order to promote and protect our ability to both grant and deny access based upon the Cable Committees review of content requests. • Section V further clarifies that BGTV is not intended or meant to be a public forum in any sense of the word other than to be available for Village programming. As permitted in the Act,our ability to retain editorial control over content is affirmed. • The previous drafting included language regarding Political Broadcasts. This language is proposed for elimination based upon concerns regarding equal protection, equal access and the ability to manage the Policy within a political environment that may not be favorable or in support of Village positions and policies. In addition,forums require an approach that has not been anticipated, that being the provision of both financial and staff time to coordinate and produce such programming. • The roles of the Cable Committee are maintained as suggested in prior drafting. As with any other Village committee,commission or board,the actions and recommendations of the Cable Committee will be communicated with the entire Corporate Authority as part of the administrative responsibilities assigned to the Committee. With these changes,we believe the proposed is consistent with the direction of the Village Board. As with any policy, and especially applicable to one that is new, the intent is to place the Policy into action immediately but understanding that suggested concepts may remain dynamic as they are implemented. William H.Brimm Policy and Procedures For Programming on Village of Buffalo Grove Television ("BGTV") I. Purpose The purpose of this policy("Policy") is to provide guidelines for the use of the Village of Buffalo Grove ("Village") government use channel ("BGTV"). BGTV is a government channel as provided for in the Cable Communications Policy Act of 1984, which Federal legislation does not require the broadcast of programming that is not government-sponsored. As a governmental channel the Village retains the right, in its sole discretion, to determine the programming to be broadcast on BGTV. Only the Village shall have the right of access to BGTV. II. Mission Statement The mission of BGTV is to make government more accessible to the citizens of Buffalo Grove,to inform residents on government services and community life, and to facilitate the exchange of public information. Ill. Cable Committee There is hereby established a Village of Buffalo Grove Cable Committee ("Cable Committee") which shall consist of two Village Trustees and one designated representative from the Office of the Village Manager("OVM").OVM staff will work with the Cable Committee to develop programming for BGTV. Responsibilities of the Cable Committee will include,but may not be limited to,the following: 1. The Cable Committee ensures that all programming complies with the policies set forth herein. 2. The Cable Committee reviews, provides input and approval to all video program proposals developed prior to broadcast on BGTV. 3. The Cable Committee will review; provide input and initial approval of all cable franchise matters,such as renewals,complaints and compliance. The Cable Committee shall meet on an as needed basis,but at a minimum,two times per year to approve the annual Communications Plan, approve the video program schedule, review and approve the cable franchise and review and approve other matters related to the administration of this Policy. IV. Objectives and Administration A. Objectives 1. Through balanced informative programming, help residents learn more about Village programs, services,and important issues facing the Buffalo Grove area. 2. To serve as an information center in the case of a local emergency situation; for example, weather,fire,and crime. 3. To supplement the ongoing communications between the Village of Buffalo Grove and its audiences. Page 1 B. Channel Administration BGTV is an operating branch of the Office of the Village Manager. Office of Village Manager staff will develop programming activities and program schedules,which are established based on direction from the Village Manager and in accordance with guidelines recommended by the Cable Committee and adopted by the Village President and Board of Trustees("Corporate Authorities"). C. Programming Statement 1. BGTV will provide information to the citizens of Buffalo Grove concerning the functions, activities, programs and issues of the Village. Use of BGTV shall be governed by the operating procedures as set forth herein, and by the rules of the Federal Communications Commission (FCC) as they may apply to operations of BGTV. 2. The Village Manager or designee shall have the right to review all programs, proposed and/or completed,to determine compliance with this Policy. Any program under consideration may be accepted as presented,denied,or given conditional approval.In the case of conditional approval,a program may be deemed appropriate, except for certain portions not in compliance with this Policy,which will be denoted as needing revision or deletion from the program. The presenter of the program will then have the option of making all specified changes or withdrawing the program from consideration altogether.All submitted material must be provided in broadcast quality in technical standards determined by the Village Manager or designee,and be accompanied by fully completed forms whenever applicable. V. Governmental Use Channel BGTV is a governmental use channel, as outlined in the Federal Cable Communications Act of 1984, created for the dissemination of government-related information to the viewing public. BGTV is not a public access channel provided for residents, organizations and civic groups. These requests will be referred to the local public access channel. BGTV may collaborate with other governmental and quasi-governmental agencies to develop programming that serves the public interest provided that the programming meets the standards as set forth in this Policy. BGTV is not a public forum nor is it intended to be a limited public forum. BGTV is an exclusive forum for Village programming. The Village retains all editorial control over programming and the content of said programming. VI. Programming Standards A.Programming must meet at least one(1)of the following criteria to be eligible for production: 1. The programming is about the Village of Buffalo Grove, its residents, its employees, its elected officials,and/or it's appointed officials. 2. The programming is a non-commercial public service to Village residents. 3. The programming serves to promote Buffalo Grove as a community. 4. The programming serves as communication from Village employees to Village residents. Page 2 B. Programming will be denied if it does not meet all of the following criteria: 1. The programming shall not include slanderous, lewd, obscene, indecent or violent material or language. When questions arise as to the admissibility of material or language in this regard,the material will be reviewed subject to state and/or local law, and the FCC definition of"indecent" as "programming that describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards for a cable medium." 2. The programming shall not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way which"establishes a[state]religion or religious faith,or tends to do so." 3. The programming shall not include paid advertising. BGTV is a non-commercial channel. Advertising is prohibited. Program sponsors shall only receive credit during the opening and/or closing credits of the program. This provision shall not prevent the identification of persons or institutions providing grants or contributions to underwrite the cost of programs unrelated to the commercial interests of the donor. 4. The programming shall not include direct appeals to purchase commercial goods or services. 5. The programming shall meet technical quality standards as established by the Office of the Village Manager. 6. The programming shall be direct, non-editorial information regarding the operation and deliberations of Village government. BGTV shall not serve as a mechanism for building support for a particular policy,program or issue. 7. The programming shall not include copyrighted material, unless clearances for use have been obtained,and written proof of such clearance can be presented. 8. Programming shall comply with by applicable federal,state or local laws. VII. Program Type Among the various types of programming categories which the Village may collaborate with in developing programming are the following. Any programming so developed in a collaborative effort shall be deemed to be programming of the Village. The Village retains sole discretion in determining the content of all programming. A. Emergency May consist of taped or bulletin board programming, shown at any time, as emergency dictates. The purpose of this programming will be to inform residents of emergencies, and to instruct viewers in evacuation, detour, and notification and escape procedures. In the case of an emergency, regularly scheduled programming may be interrupted or canceled. The content and scheduling of any emergency programming shall be approved by the Village Manager or designee. B. Broadcast of Village of Buffalo Grove Board Meetings Taped coverage of Board meetings of the Village of Buffalo Grove Corporate Authorities are replayed in BGTV. Meetings take place on a biweekly basis, or as otherwise necessary. Meetings are aired gavel-to- gavel without editing or editorial comment,and may be rebroadcast. Page 3 C. Broadcast of Meetings of Village of Buffalo Grove Commissions, Committees and Boards Taped coverage of meetings of Village Commissions, Committees and Boards may be aired periodically based on staff and equipment availability. Meetings are aired gavel-to-gavel without editing or editorial comment and may be rebroadcast. D. Village of Buffalo Grove Programming Includes programs and series produced or obtained by the Village of Buffalo Grove. Programs will be directly related to Village issues or Village government sponsored programs and services. Programs will be informative in nature. The Cable Committee will approve program topics, budget and scheduling before production of programming for BGTV. E. Buffalo Grove Taxing Bodies and Quasi-Governmental Entities Programming Includes programs and series produced or obtained by taxing bodies located in Buffalo Grove and Buffalo Grove quasi-governmental entities including nonprofit educational institutions. Programs will be directly related to Village issues or local taxing bodies or quasi-governmental sponsored programs and services. Programs will be informative in nature. Examples of Buffalo Grove taxing bodies will include but not be limited to, other Illinois municipalities, Buffalo Grove school districts, Buffalo Grove Park District, Wheeling and Vernon Township government. Examples of quasi-governmental entities are Solid Waste Agency of Northern Cook County, Northwest Central Dispatch, and the Northwest Water Commission. All video program proposals submitted by entities within this category will be reviewed by the Cable Committee for compliance with this Policy. F. County, Regional, State and National Governmental Programming Includes programs and series produced or obtained by county, regional, state and national governments. Programs will be directly related to Village of Buffalo Grove issues or governmentally sponsored programs and services available to Buffalo Grove residents. Programs will be informative in nature. All video program proposals submitted by entities within this category will be reviewed by the Cable Committee for compliance with this Policy. G. Other Government Related Programming Other government related programming from outside sources may be telecast on BGTV. Such programming will be screened for compliance with this Policy, and is subject to approval by the Village Manager or designee for scheduling on BGTV. Programs will be directly related to Village issues or governmental sponsored programs and services. Programming by any individual or entity not an official branch of the Village of Buffalo Grove may be allowed if the event or program to be taped or shown is co-sponsored by the Village of Buffalo Grove or other Buffalo Grove governmental bodies. Examples of additional eligible sources of other government programming include International City/County Management Association, National Fire Prevention Association, and the Regional Transit Agency. All video program proposals submitted by entities within this category will be reviewed by the Cable Committee for compliance with this Policy. H. BGTV Bulletin Board Alpha-numeric is a bulletin board style service used to display Village government related (as defined above) messages and images to the public. Message content and decisions on message suitability will be governed by this Policy and is subject to approval by the Village Manager or designee. Page 4 VIII. Procedures A. BGTV Bulletin Board Procedures 1. All Village departments may submit public service messages to be displayed on BGTV during non- programming hours. All messages must be submitted in writing, and must be submitted at least five working days prior to the requested start date. Messages submitted by a Village department must be approved by the Village Manager or designee. 2. Messages are inputted by the Village staff and appear on the TV screen a"page" at a time. Messages should be concise, and should contain basic information concerning what, when, where, how, and how much. Messages should be limited to approximately eight brief lines. If necessary, staff will edit the message to improve readability,to make it fit on one page,or to insure message is grammatically correct. 3. All submitted messages must be accompanied by the name and phone number of a contact person,and whether or not that information is to appear in the message. Submissions should include desired start and end dates. 4. No classified ads or commercial messages will be allowed. 5. Submission of a public service message request does not in any way guarantee its appearance on BGTV. Suitability for this channel and compliance with this Policy will be determined by the Village Manager or designee. The date of input and the length of run of any message will be determined by staff availability and channel capacity. 6. In the case that channel capacity is at a peak, messages will be carried a maximum of three days each, and on a first-come,first-served basis,with the following priorities: ■ Emergency and public service notification messages, originated by Police, Fire or the Office of the Village Manager; ■ Announcements ordered by the Corporate Authorities; ■ Announcements ordered by the Village Manager; ■ Announcements submitted by Village Department Directors; ■ Announcements submitted by Village Commissions,Committees or Boards. B. Event Coverage Procedure To request taped coverage of an event for replay on BGTV, the applicant must contact the Office of the Village Manager. Because the Village does not employ production staff, nor own production materials, the Village will contact the preferred videographer. It shall be the applicant's responsibility to pay videography and production costs incurred, including,but not limited to, all admittance fees, artwork and graphics,union or other professional association fees,clearance fees,royalties and permission fees. A request to cover a special event originating from any Village department must be approved by the Village Manager or designee. Completed programs and all work footage shall be the sole property of the Village of Buffalo Grove. The Village reserves the right to retain all video tapes and slides of locally produced events, programs and meetings for up to one calendar week after which tapes and images may be recycled and all original content erased. If there is a request for longer retention, a written request should be made one week prior to the event and submitted to the Village Manager. Tapes of meetings shall not be considered official records of said meetings and therefore there shall be no liability for erasure or omissions. Page 5 C. Village Hall, Council Chambers/Control Room Usage Procedures Video equipment in Village Hall Council Chambers/Control Room may only be used by trained personnel,with the permission of Village Manager or designee. D. Emergency Procedures Emergency programming is to be originated by the Office of the Village Manager, Police, Fire, Public Services or other emergency personnel and authorized only by the Village Manager or designee. Only trained personnel are allowed to access the equipment to broadcast an authorized emergency bulletin. Under no circumstances will access to BGTV for emergency communication be granted to anyone who does not have the proper authority to initiate procedures. September 28,2006 Adopted October 9,2006 Page 6 Board Agenda Item Submittal xIII-A Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Pre-application Conference:Turnberry Condominiums, re-plan of second building site, 105 Buffalo Grove Road, amendment of Planned Unit Development in the B-5 District. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 10/04/2006 10/09/2006 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The Turnberry development was approved by Ordinance 2002-15. The approved plan allows two condominium buildings designed with four floors of residential units over a ground level of enclosed parking. The first building at 125 Buffalo Grove Road has been completed with 52 units. Guido Neri of Neri Development is under contract with Concord Homes [an entity of Lennar Corporation] to purchase the second building site. In response to comments by the Village Board on September 11, 2006 concerning a re-plan of the second condo building site for townhomes, Mr. Neri has submitted the attached plan. The plan proposes a condo building with 48 units on four floors and two levels of enclosed parking with a total of 61 spaces. A driveway adjacent to the landscaped front yard along Buffalo Grove Road will provide access to the basement level parking at the south side of the building. Mr. Neri's letter of September 26, 2006 notes the following details concerning the proposed building: • The footprint of the building is smaller than the approved second building • The units will range in size from 1,150 sq.ft.to 1,800 sq.ft. • The unit mix is: 16 two-bedroom/1 bath; 24 two-bedroom/2 bath; 4 one-bedroom/1 bath; and 4 three-bedroom/2 bath Mr. Neri should confirm the height of the building and verify if it is the same height as the completed first building. The exterior materials, including colors, and the design elements of the proposed building should be discussed in relation to the existing building. The proposed plan is consistent with the approved site plan, so it appears that the Plan Commission review could be limited to the site plan and building appearance without requiring a public hearing. The developer's packet and Exhibit D [Preliminary Plan]to Ordinance 2002-15 are attached. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal xIII-B Requested By: Gregory P Boysen Entered By: Linda J Miller Agenda Item Title: Recommendation to Reject Bids for the Drafting Pit Structure at the Combined Area Fire Training(CAFT)Facility With a Request of Bid Waiver for the Purchase of a Prefabricated Structure for In-House Installation Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 10/02/2006 10/09/2006 0 Consent Agenda PW Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No 0 Yes No funds? Is this a budgeted item.? Projected total budget impact: $22,000 Additional Notes regarding Expenditures: Estimated cost to acquire and install drafting pit equipment as an in-house project. Funds have previously been provided by CAFT member Fire Departments. Buffalo Grove is managing the project. Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Bids were opened on September 27, 2006 for the Drafting Pit Structure at the Fire Training Facility and in accordance with the attached evaluation of the bids that were received, it is recommended that the bids be rejected. We propose to complete the needed work as an in-house installation project. In order to proceed with the work, a bid waiver for the prefabricated concrete structure,which is the majority of the costs identified as "Village Direct Purchase Costs" as described in the attached report from Consoer Townsend Envirodyne Engineers, Inc. is requested. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files 09296cke.PD F bid summary jo.PDF Approval Section: Draft Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: CTE AECOM CTE 303 East Wacker Drive,Suite 600,Chicago,IL 60601-5276 T 312.938.0300 F 312.938.1109 www,aecom.com September 29, 2006 Mr. Gregory P. Boysen, P.E. Director of Public Works Village of Buffalo Grove 51 Raupp Boulevard Buffalo Grove, IL 60089-2198 Reference: Village of Buffalo Grove, Illinois Installation of a Drafting Pit Structure CTE Project No. 60002555 Dear Mr. Boysen: Bids for the above-referenced project as covered by the Bid Form, Agreement Form and Contract Documents prepared by Consoer Townsend Envirodyne Engineers, Inc. (CTE), were received until 11.00 a.m., Local Time, on Wednesday, September 27, 2006 by the Village of Buffalo Grove, Illinois. Shortly thereafter, the three (3) bids received were opened and read aloud. Three (3) bids were received. At the conclusion of the reading of all of the bids received, CTE was authorized by the Village to review all bids received and to prepare an official breakdown of all information received. A summary of the bids received is below: CONTRACTOR BID AMOUNT TOTAL COST* LoVerde Construction Company $52,711.00 $78,711.00 Mosele & Associates, Inc. $76,080.00 $102,080.00 Kovilic Construction Com an $116,500.00 $142,500.00 Engineer's Estimate $30,000.00 $56,000.00 'includes estimated Village direct purchase costs The low bid was submitted by LoVerde Construction Company, in the amount of $52,711.00, and is $22,711 or 75.7 percent above the Engineer's Estimate. In addition, the low bid is $23,369 or 30.7 percent below the second low bidder. In our opinion, the Village received high bids. All of the bids received generally adhered to the Contract Documents. Per discussions with Village personnel, this project can be performed in-house at or near the Engineer's estimated cost. Therefore, we recommend that the Village reject the bids, 11Ctechi-nt7kp600025555P600025551200,Cwespandert"%203_Outgaing_,Carmspondence5203.1 Client1092906•baysen.doc Mr. Gregory P. Boysen, P.E. September 29, 2006 Page 2 Should you have any questions regarding the above, please do not hesitate to contact us. Very truly yours, CONSOER TOWNSEND ENVIRODYNE ENGINEERS, INC. Chad R. Lauca , P.E. Senior Project Engineer CRL/dp %4Owhl-m74p600025555P6000255M00_Cormspondence5203_Out0oin4_Corrospondenca1203.1(NIONW929Wboysen.doe CTE �AECOM WAIaAGE OF BUFFALO GROVE Fifty Raupp Blvd. Buffalo Grove,IL 60089.2]00 Phone 847459.25W Fax 847.459-OM2 To: President and Board of Trustees From: Jane Olson Subject: Bid Opening - Installation of a Drafting Pit Structure Date: September 27, 2006 On September 27, 2006 at the Village of Buffalo Grove Village Hall, 50 Raupp Boulevard, the bid opening was held reference the above stated bid. The following people were in attendance: Greg Boysen, Director of Public Works; David Haisma, Superintendent of Public Works; Chad Laucamp, CTE; Jane Olson, Deputy Village Clerk. Bidder Bid Bid Bond Kovlic Construction $116,500 Yes P.O. Box 939 3721 N. Carnation St. Franklin Park, IL 60131 Mosele do Associates, Inc. Contractors $76,080 Yes 34523 N. Wilson Rd. Ingleside, IL 60041 LoVerde Construction $52,711 Yes 800 S. Milwaukee Ave. Wheeling, IL 60090 Bids will be reviewed and a recommendation will be forthcoming. VILLAGE OF BUFFALO GROVE PW ADMIN Jane Olson, Deputy Village Clerk till NUI ICE FOR Installation of a Drafting Pit Structure for the Village of Buffalo Grove, Depart. Sent of Public Works. CERTIFICATE OF PUBLICATI Sealed Bids for Me Installa- Man of a Drafting Ptt Struc- ture are Invited and will be A�-a received by the Village of VILLAGE Buffalo Grove Department AGE OF BUFFALO G+ROV of Public Worksof"ROUPP Paddock Publications Inc. Boulevard f0fficeof Villa Paddock Clerk), Buffalo Grove. Illi- nois 6U0119 on or before,but not later than 11:00 a.m.Lo- cal Time t Wednesday, DailyHerald CEP -September 27,2006,and im- 2006 metllateiy thereafter all bids received will be pub- IEcly or and the prices bid read aloud.Sealed enve- lopes or packages contain- no b{ds shall be marked or PW ADMIN endorsed Bid for Installa- IIon of a Drafting Pit Struc- ture.' Copies of the Bidding Doc- uments are the and° all- able for Inspection Corporation organized and existing under and by virtue of the laws of the State of Illinois, ction of thee of- fice of the Owner at:V{Iloge men, eBufafflPubllc Wok, 51 DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. Roupp Boulevard, Buffalo Grave, Illinois That said DAILY HERALD is a secular newspaper and has been circulated daily in the the office of:Cansoer,Town- and at nsoe send Envirodyne Engi- neers.Inc..707 East Wacker Drive, copies of o Village(s) of Algonquin, Arlington Heights, Barrington, Barrington Hills Drive Copies of Bldding } Documents required for re- view or a ob tain ed nly biddingo pl,rp may ,am Lake Barrington-+ North Barrington, South Barrington, � e Bartlett Batavia Buffalo Grove pram �_ , the office of Consoer Town• -- -- - ----- - send Ec. of the Engs Burlington Carpentersville Cary Deer Park Des Plaines South Elgin East Dundee nears, Inc. aT the address � e > > s , named above uoon payment to vn,,Consoer Townsend c. th Elburn Elgin Elk Grove Village Fox Lake Fox River Grove Geneva Gilberts Grayslake advne Engineers. Inc. the , , , , , , , , sum of forty dollars 340.00) so obtaineh set d. tlocionals m Gurnee,Hampshire,Hainesville,Hanover Park,Hawthorn Woods,Hoffman Estates, Huntley, obtained.An additional sum of"0.00 per set shoal be ln- 1 i reqded if ay. The t delivery Inverness,Island Lake,Kildeer,Lake Villa,Lake in the Hills,Lake Zurich,Libertyville, is required. These morales are non refundable. Published in Doily Herald A,ig��B;N 6 Lincolnshire, Lindenhurst, Long Grove, Mt. Prospect, Mundelein, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Sleepy Hollow, St. Charles, Streamwood, Tower Lakes,Vernon Hills,Volo,Wauconda,Wheeling,West Dundee,Wildwood,Green Oaks County(ies) of Cook, Kane, Lake, McHenry and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published August 25, 2006 in said DAILY HERALD. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. i C„ '.m�'� DAILY HERALD NEWSPAPERS VILLAGE OF BUFFALO GROVE ` - " BY TA( ;` 2006 r AuthorizeAgent -- � PW ADMIN Control # T3803898