2012-02-06 - Village Board Regular Meeting - Minutes 12599
02/06/2012
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,FEBRUARY 6,2012
CALL TO ORDER
The Village Clerk called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: Trustees Berman,Trilling, Sussman.Terson, Stein and Ottenheimer.
President Braiman was absent.
Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney; Ghida Neukirch,Deputy
Village Manager;Leisa Niemotka,Assistant to the Village Manager; Scott Anderson,Director of Finance;Art
Malinowski,•Director of Human Resources;Gregory Boysen,Director of Public Works;Rick Kuhl,Deputy Director
of Public Works;Robert Pfeil,Village Planner; Carol Berman,Deputy Building Commissioner—Administration;
Brian Sheehan,Village Health Officer;Fire Chief Vavra; and Police Chief Balinski.
CHAIRMAN PRO TEM
Moved by Stein, seconded by Ottenheimer,to appoint Trustee Berman as Temporary Chairman for tonight's
meeting. Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
APPROVAL OF MINUTES
Moved by Trilling,seconded by Ottenheimer,to approve the minutes of the January 23,2012 Rescheduled Regular
Meeting. Upon roll,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
Moved by Ottenheimer,seconded by Stein,to approve the minutes of the January 30,2012 Committee of the Whole
Meeting. Upon roll,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
WARRANT#1182
Mr. Anderson read Warrant#1182. Moved by Trilling, seconded by Sussman,to approve Warrant#1182 in the
amount of$2,431,331.86,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling. Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
IF ( Motion declared carried.
12600
02/06/2012
VILLAGE PRESIDENT'S REPORT
There were no objections to moving Agenda Item 9. A.to the Village President's Report.
Julie Schmidt, Superintendent of School District 96,recognized School Resource Coordinator Staci Kupsak with
their Champion for Children award for her hard work and dedication to the students,staff and parents in School
District 96.
Officer Kupsak received the award and thanked the District for this honor.
Temporary Chairman Berman noted how much the Village Board appreciates the way in which Officer Kupsak
represents the Police Department and the Village in dealing with our children.
On behalf of President Braiman,Temporary Chairman Berman appointed Shari Ginsberg to the Arts Commission
for a term to expire 4/30/2012. Moved by Sussman,seconded by Stein,to concur with this appointment. Upon roll
call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
Temporary Chairman Berman read a Proclamation declaring the week of February 5-11,2012 as Burn Awareness
Week throughout Buffalo Grove,and called upon residents to observe this week by participating in activities at
home,school and work and by learning how to prevent burn injuries,especially to children.
Temporary Chairman Berman recognized and congratulated the Buffalo Grove High School Coed Competitive
Cheerleading Team for their 3rd place finish at the Illinois State Finals.
�./ VILLAGE MANAGER'S REPORT
Mrs.Niemotka provided a brief presentation on the Village's newly developed Performance Appraisal System,
including goals,key competencies,professional development and rating characteristics. Mr.Bragg thanked Mrs.
Niemotka and all of the departments for their hard work on this project.
Mr.Bragg reported on the 2012 Village Goals—Work Plan,details of which are contained in the Village Board
Meeting Agenda Item Overview that he prepared.
Moved by Sussman, seconded by Ottenheimer,to accept the 2012 Village Goals—Work Plan presented by Mr.
Bragg. Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
Mr. Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for
January 2012:there were no questions on the report.
Mr.Bragg announced that this will be the only Meeting in February,therefore. staff is requesting permission to
have Mr. Bragg approve for payment any usual and customary invoices for the period that would end February 20,
2012,with a report of those paid invoices provided to the Board for ratification at the March 5,2012 Regular
Meeting.
Moved by Trilling,seconded by Sussman.to grant the staff request with regard to authorization for payment of
invoices. Upon roll call,Trustees voted as follows:
12601
02/06/12
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
QUESTIONS FROM THE AUDIENCE
Temporary Chairman Berman asked if there were any questions from the audience on items not on tonight's agenda;
there were none.
TRUSTEE REPORTS
The Village Clerk reported that there is a Primary Election to be held on March 20,2012,with the last day to
register being February 21,2012.
CONSENT AGENDA
Temporary Chairman Berman explained the Consent Agenda, stating that any member of the audience or the Board
could request that an item be removed for full discussion. There were no such requests. The Village Clerk read a
brief synopsis of each of the items on the Consent Agenda.
Ordinance#2012-4—Fifth Third Bank
Motion to pass Ordinance#2012-4, granting variations to the Buffalo Grove Sign Code for Fifth Third Bank, 345
W.Dundee Road.
Ordinance#2012-5—Deerfields Bakery
Motion to pass Ordinance#2012-5,amending Title 5.30,Class E,Deerfields Bakery.
Resolution#2012-1-NWMC
Motion to pass Resolution#2012-1, supporting the 2012 Northwest Municipal Conference Legislative Program.
Moved by Ottenheimer,seconded by Sussman,to approve the Consent Agenda. Upon roll call, Trustees voted as !!
follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ORDINANCE#2012-6-KIDTOWN
Moved by Sussman, seconded by Trilling,to pass Ordinance#2012-6,transferring the Special Use from Enrichment
Enterprises,Inc.to M2 Property Group,LLC concerning the KidTown USA facility, 1425 Busch Parkway,in the
Industrial District.
Joe Sharp noted that he intends to follow any and all guidelines in the Special Use permit. as they are simply taking
the existing business and continuing it. They wish to transfer the Special Use permit from M2,LLC to KidTown
Buffalo Grove, LLC.
Mr. Raysa recommended that the motion include authorization for the Village Attorney to change the language in
Paragraph 2. C. of the draft ordinance to authorize a transfer to KidTown Buffalo Grove,LLC.
Trustees Sussman and Trilling amended the motion to include Mr.Raysa's request.
12602
02/06/2012
Upon roll call.Trustees voted as follows on the amended motion:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
•
RESOLUTION#2012-2—MELROSE PYROTECHNICS
Moved by Trilling,seconded by Terson,to pass Resolution#2012-2,approving an Agreement with Melrose
Pyrotechnics,Inc. for the provision of fireworks in years 2012 and 2013.
Mr. Bragg reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mrs.Neukirch.
Mr.Raysa clarified that the contract to be voted on was distributed by e-mail this morning by the Deputy Village
Manager.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#2012-3—ELECTRIC AGGREGATION
Mr.Bragg reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mrs.Neukirch.
Moved by Trilling,seconded by Sussman,to pass Resolution#2012-3,approving an Intergovernmental Agreement
between and among the Village of Arlington Heights,Village of Buffalo Grove, Village of Lincolnshire,Village of
Long Grove,Village of Palatine, Village of Vernon Hills and Village of Wheeling concerning Electric Aggregation.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#2012-4—INTELLIGENT POWER PARTNERS
Moved by Trilling, seconded by Terson,to pass Resolution#2012-4, approving a Contract between the Village of
Buffalo Grove and Intelligent Power Partners, LLC.
Mr. Bragg reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
item Overview prepared by Mrs.Neukirch. Mr. Bragg noted that the following language shall be deleted from Page
2: "Village's release of payment shall constitute an implicit approval of consultant's work product." This has been
discussed and is acceptable to the consultant.
In answer to a question from Temporary Chairman Berman.Mr. Bragg reviewed the process that led us to the
selection of this particular vendor.
There will be several informational meetings,as well as website information, for voters to peruse before the March
20,2012 election.
Trustees Trilling and Terson amended the motion to add"subject to review and approval by the Village Attorney as
\ , to the final language of the Agreement".
` v Upon roll call,Trustees voted as follows on the amended motion:
12603
02/06/2012
AYES: 6 Berman, Trilling, Sussman,Terson, Stein, Ottenheimer
NAYS: 0—None
Motion declared carried.
PARKWAY TREE REPLACEMENT
Moved by Stein,seconded by Sussman.to approve authorization to extend Parkway Tree Replacement Contract.
Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr. Kuhl.
Mr.Kuhl answered a question from Trustee Trilling with regard to warranty.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
HAWTHORNE RACECOURSE
Moved by Terson, seconded by Ottenheimer,to refer the Hawthorne Race Course,Inc.petition for a Special Use to
operate inter-track wagering,Village Bar&Grill,48 Raupp Boulevard.
Mrs.Neukirch made a presentation with regard to the petition,details of which are contained in the Village Board
Meeting Agenda Item Overview that she prepared.
Mr.Bragg stated that staff is looking for direction from the Board as to whether or not they wish to refer this to the
�./ Plan Commission. There is a time constraint on the part of Hawthorne,and staff would be working with the Tap
Room as well as Hawthorne to establish lease terms that would be acceptable. Staff is also working with Hawthorne
to discuss options to determine the best scenario for both golf operations and the restaurant,as well as for
Hawthorne.
Jeff Kras,Chief Financial Officer with Hawthorne Race Course.Inc.provided an overview of the proposal. Mr.
Kras stated that they believe this location will be even more successful than the previous one;they believe they have
been a good partner; and they are sensitive to the conditions at hand.
In answer to a question from Trustee Sussman,Mr.Raysa stated that he believes that it is permissible for there to be
a gambling establishment on government-owned property.
In answer to a question from Trustee Terson,Mr.Raysa stated that it is his opinion that the Village is at no greater
risk by having gambling on the property than having alcohol served on the property.
Chief Balinski stated the total amount of calls and seriousness of the calls over the past three years at the current
location was minimal.
Trustee Stein stated that he is concerned with parking on peak days; he does support referring this to the Plan
Commission.
Trustee Sussman stated that she wants to be sure that this is publicized on all Village avenues.
In answer to a request from Temporary Chairman Berman,Mr. Kras explained the process in leading to the proposal
to move to the proposed site;they believe the tax revenue from this process could be substantial with the right
operator,and they are very interested in staying in Buffalo Grove.
Mr. Bragg reviewed the proposed effect on current operations.
12604
02/6/2012
Trustee Trilling noted that he talked with Mrs.Neukirch with regard to construction cost estimates,but he has
absolutely nothing to do with this project.
Trustee Trilling also noted to Mr. Kras that it would be very helpful if they present the Plan Commission with a
series of consequential steps that would occur.
Temporary Chairman Berman stated that he would need to be convinced that the use can be accommodated on the
site without undue negative impact on golf operations and the municipal campus. The experience at the current
location over the past three years has confirmed the earlier analysis by staff and the Police Department that this use
is not inherently a nuisance or something to be feared.
Upon roll call.Trustees voted as follows:
AYES: 5—Berman,Trilling, Terson, Stein,Ottenheimer
NAYS: 1 —Sussman
Motion declared carried.
ADJOURNMENT
Moved by Sussman,seconded by Stein,to adjourn the meeting. Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
The meeting was adjourned at 9:02 P.M.
Li
L. ,_
Janet M. bian,Village Clerk
APPROVED B ' E THIS 5th DAY OF March ,2012
•
Village President
L