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.
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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.
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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.
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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.
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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.
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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.
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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
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Village President
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