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2010-06-07 - Village Board Regular Meeting - Minutes 12379 06/07/2010 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,JUNE 7,2010 CALL TO ORDER President Hartstein called the meeting to order at 6:31 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover, Trilling, Stone,and Sussman. Trustee Berman was absent. EXECUTIVE SESSION Moved by Braiman,seconded by Sussman,to move to Executive Session for the purpose of discussing Personnel,Section 2(c)(1)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. The Board moved to Executive Session from 6:31 P.M. until 7:40 P.M. Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover, Berman,Trilling, Stone,and Sussman. Also present were: William Brimm,Village Manager; William Raysa,Village Attorney;Ghida Neukirch, Deputy Village Manager; Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources; Brian Sheehan,Village Health Officer;Robert Pfeil, Village Planner;Richard Kuenkler,Village Engineer; Carol Berman, Deputy Building Commissioner-Administration; Gregory Boysen,Director of Public Works; Rick Kuhl, Superintendent of Public Works—Operations;Mike Skibbe,Civil Engineer; Carmen Molinaro, Director of Golf Operations; Police Chief Balinski;Fire Chief Vavra;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Berman,to approve the minutes of the Regular Meeting of May 17,2010. Moved by Stone,seconded by Braiman,to amend the minutes of May 17,2010 to include the basis for Trustee Berman's recusal from voting on the approval for the$23,500 expenditure to Chapman&Cutler because his relationship to Chapman&Cutler is that his wife works there. Upon roll call,Trustees voted as follows on the amendment to the May 17,2010 minutes: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. Upon roll call,Trustees voted as follows on the amended minutes of May 17,2010: AYES: 6—Braiman,Glover,Berman, Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. 12380 06/07/2010 Moved by Glover,seconded by Braiman,to approve the minutes of the Special Meeting of May 27,2010. Upon roll call,Trustees voted as follows: �.J AYES: 5—Braiman,Glover,Berman, Stone, Sussman NAYS: 0—None ABSTAIN: 1 -Trilling Motion declared carried. Moved by Glover, seconded by Braiman,to approve the minutes of the Special Meeting of June 1,2010. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. Moved by Glover,seconded by Braiman,to approve the minutes of the Special Meeting of June 2,2010. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman, Stone,Sussman NAYS: 0—None ABSTAIN: 1 -Trilling Motion declared carried. WARRANT#1146 Mr.Anderson read Warrant#1146. Moved by Sussman,seconded by Berman,to approve Warrant#1146 in the amount of$2,420,969.22,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. PRESIDENT'S REPORT President Hartstein appointed Arla Sprung and Debra Moritz to the Community Blood Donor Commission. Moved by Berman,seconded by Braiman,to concur with President Hartstein's appointments. Upon voice vote, the motion was unanimously declared carried. President Hartstein thanked Kingswood Methodist Church and the Knopf Cemetery Association for their organization in preparing the very meaningful Memorial Day remembrance ceremony that was held on May 31,2010 at the Knopf Cemetery. RESOLUTION#2010-21—WILLIAM H.BRIMM President Hartstein reviewed the many accomplishments of William Brimm over the past 32 years. Mr.Brimm was given a lengthy standing ovation from the audience and the Board. President Hartstein then read the proposed resolution which is entered into the public record as a lasting reminder of William H. Brimm's contributions to the Village of Buffalo Grove. Moved by Braiman, seconded by Trilling to pass Resolution#2010-21,commending the service of retiring Village Manager William H. Brimm. Upon voice vote,the motion was unanimously declared carried,and Mr. Brimm was again congratulated and given a standing ovation by the audience and the Board. 12381 06/07/2010 Mr. Brimm thanked everyone for being here and noted that he is humbled and blessed by the experience and the opportunity that he has been given,and thanked the Board,the Village staff and his family for the support they have given to him. Mr. Brimm stated that it has been a wonderful experience. VILLAGE MANAGER'S REPORT Mr. Brimm reviewed the proposal on Industrial Drive,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Lawrence Freedman,attorney representing the property owners,made a presentation further elaborating on the proposed annexation and zoning. Mr.Freedman and staff then answered questions from the Board. It was determined that there is no problem with moving forward;the issue relates more to staff than to the Plan Commission,and the Board concurred that staff should move forward with negotiations;the additional FOIA responses should be shared with the Board before it comes back before the Board for further consideration. Mr. Brimm reviewed and updated the situation with regard to the Red Light Proposal by the Cook County Board. President Hartstein recommended that staff prepare a resolution to Cook County encouraging them to reconsider their position,and report back to the Board on the various pieces of litigation that are pending. A resident stated that she believes that the proposal by the County is an insult to our Police Department. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not listed on the agenda. SAVE OUR SENIORS DAY Chief Vavra stated that,due to the weather,the Save Our Seniors Day has been postponed,and the Proclamation will be re-introduced when the event is re-scheduled. CITIZEN'S FIRE ACADEMY Chief Vavra reviewed the background of the Citizen's Fire Academy,and noted that this is the 15th year that the program has been offered,and he recognized Skip Hart for his role in all of the programs and thanked him for his dedication and hard work in leading the program all of these years. The Chief and Skip Hart then handed out the certificates to this year's graduates,noting that there have now been over 300 graduates over the years. Chief Vavra then thanked the Board for their support of this project. President Hartstein thanked the graduates and the Fire Department for this tremendous program for the community. PUBLIC HEARING—APTAKISIC CREEK CORPORATE PARK President Hartstein opened the Public Hearing for the Amendment to the Annexation Agreement for the Aptakisic Creek Corporate park concerning modification of the Preliminary Plan for 1700 Leider lane, in the Industrial District,at 8:55 P.M. This Public Hearing was duly published in the Daily Herald on May 22,2010. Mr. Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. The recommendation is that there be preliminary comment tonight,with continuation of the Public Hearing until June 21,2010. President Hartstein then swore in Anthony Pricco, 700 Commerce Drive,Oak Brook,and Dan Simkowski, Leica Microsystems,to give testimony. Mr. Pricco made a presentation reviewing the proposal,noting that there will be 150-160 employees in addition to approximately 20 employees from out of town for training. 12382 06/07/2010 Trustee Glover reported that she and Trustee Sussman attended the Plan Commission meeting, and the Plan ( Commission had no issues with the proposal. �.J Mr.Pricco stated that they have no issue with the additional landscaping,and they will provide ample landscaping along Aptakisic Road. President Hartstein asked if there were any other public bodies or members of the audience that wished to comment;there were none. Moved by Berman, seconded by Glover to continue this Public Hearing until June 21,2010. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. TRUSTEE REPORTS Trustee Trilling reported that our Police Department recently competed in the Champion category in the Illinois Traffic Safety Challenge,and the Department achieved three 151 place finishes. Details of this event are contained in the Village Board Meeting Agenda Item Overview prepared by Chief Balinski. Trustee Berman reported on the upcoming American Cancer Society Relay for Life to be held at Stevenson High School on June 19,2010. This program is run almost exclusively by our high school students and is a wonderful opportunity to support our students,honor those we know who have battled the disease and contribute to the goal of eradicating this disease. President Hartstein,Trustees Sussman,Glover and the Village Clerk also commented on the event,urging residents to become involved in some way. Trustee Stone reported on the successful Blood Drive that was held this past weekend. CONSENT AGENDA President Hartstein 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. Moved by Braiman,seconded by Berman,to approve the Consent Agenda. ORDINANCE#2010-33—PREVAILING WAGES Motion to pass Ordinance#2010-33,concerning prevailing wages. WATERBURY PLACE Motion to approve Waterbury Place First Resubdivision. STREET LIGHT MAINTENANCE Motion to authorize execution of the Second Year Option of the 3-Year Street Light Maintenance Contract. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Braiman, Glover, Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. 12383 06/07/2010 ORDINANCE#2010-34-KIDS AND COMPANY �./ Moved by Sussman, seconded by Berman,to pass Ordinance#2010-34,Kids and Company, 1425 Busch Parkway, Special Use in the Industrial District for a Child Care Center. Mr. Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Pfeil. Steven Hoffman of Enrichment Enterprises,Inc.answered questions from the Board. Trustee Sussman amended the motion to include that children are present for only 3 hours and not 6 hours. Trustee Berman accepted the amendment. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2010-35—BERNARD DRIVE Moved by Berman, seconded by Glover,to pass Ordinance#2010-35,amending Title 10 of the Village of Buffalo Grove Municipal Code(Parking Restriction on Bernard Drive), in accordance with the draft ordinance contained in Board packets dated 5/24/2010. Mr. Brimm introduced the ordinance,and Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda item Overview that she prepared. Staff then answered questions from the Board. After discussion,upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. RESOLUTION#2010-22—T-MOBILE Moved by Braiman,seconded by Berman,to pass Resolution#2010-22,authorizing the execution of a Site Lease between the Village of Buffalo Grove and T-Mobile Central LLC(Telecommunications Tower and Antenna), in accordance with the document dated June 7,2010 on the dais tonight. Mr. Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Mike Howley,T-Mobile,answered questions from the Board. It was suggested that it would be advisable to have IRMA review the entire Paragraph 13., Insurance and Subrogation and Indemnification. It was also suggested that there be a security deposit or an escrow agreement as to who would bear the responsibility of the cost in the event that the company goes out of business. Mr. Howley stated that they would work with the Village Attorney to come up with appropriate language to address the issue. Mr. Howley also referred to Paragraph 7. (a), and Mr. Raysa clarified the contents of that paragraph. 12384 06/07/2010 Trustees Braiman and Berman agreed to an amendment to add the following language: subject to approval by IRMA,and subject to a security deposit or letter of credit approved by our Village Attorney Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. POLICE HEADQUARTERS VENTILATION SYSTEMS Moved by Braiman,seconded by Glover,to award bid for replacement of roof-top HVAC units—Buffalo Grove Police Department Headquarters in an amount not to exceed$119,520.00,of which all but$1,347.00 is paid for by an Energy Efficient and Conservation Block grant. Mr.Brimm reviewed this proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Skibbe. Staff answered questions from the board Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman NAYS: 0—None Motion declared carried. LOCAL ELECTORAL BOARD Mr. Raysa reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Brimm. Moved by Berman,seconded by Braiman,to approve Agreement—Special Counsel in relation to Local Electoral Board matters as reflected in the letter dated May 20,2010 from the law offices of Richard A. Martens,as included in Board packets. Staff then answered questions from the Board. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. NEW BUSINESS Trustee Stone presented a background on the basis for her questioning a fee on the previous warrant; she referred to an ordinance with regard to expenditures over$15,000 requiring Village Board approval. Trustee Stone referenced expenses of$23,500.00 paid to Chapman&Cutler,$23,500.00 paid to Mr.Raysa,as well as fees paid to Speer Financial,and she believes these expenditures should have had Board approval. It was pointed out to Trustee Stone that the Bond Ordinance cannot be amended,as the bonds have already been sold. It was also pointed out that the expenditures in question were approved by the Village Board both in the Bond Ordinance,as well as approval of the warrant on which the expenditures appeared. 12385 06/07/2010 Trustee Berman stepped off the dais at 10:20 P.M.,since he has made the decision not to participate in any discussions related to payment of fees to Chapman&Cutler because he chooses to take a higher road than the law requires. Trustee Stone made a motion to put this on the agenda at the next meeting to discuss this issue to make it very clear regarding the payments when they are paid out because other communities also have the same similar law and she would like to talk about it in the public eye. Trustee Braiman seconded the motion. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. EXECUTIVE SESSION Moved by Glover,seconded by Sussman,to move to Executive Session for the purpose of discussing Collective Bargaining, Section 2(c)(2)and Personnel, Section 2(c)(1)of the Illinois Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. The Board moved to Executive Session from 10:30 P.M. until 10:59 P.M. ADJOURNMENT Moved by Braiman, seconded by Trilling,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:00 P.M. Janet Sirabian,Village Clerk APPROVED BY ME THIS 21st DAY OF June ,2010 fd�l� Village President t . .