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2010-10-04 - Village Board Regular Meeting - Minutes 12422 l , 10/04/2010 �./ 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,OCTOBER 4,2010 CALL TO ORDER President Hartstein called the meeting to order at 7:33 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Berman,Trilling,Stone,and Sussman. Trustee Glover was absent. Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy Village Manager;Robert Giddens,MIS Director; Scott Anderson,Director of Finance;Art Malinowski, Director of Human Resources;Brian Sheehan,Village Health Officer;Robert Pfeil,Village Planner;Carol Berman,Deputy Building Commissioner-Administration;Fire Chief Vavra;Deputy Fire Chief Ciecko;Deputy Fire Chief Pearson;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Braiman,seconded by Berman,to approve the minutes of the Rescheduled Regular Meeting of September 13,2010. Upon roll call,Trustees voted as follows: Trustee Stone moved to amend the minutes with wording that she believes should be included in the minutes. There was no second to the motion. Trustee Stone moved to include a verbatim transcript of her request included in the minutes for tonight's meeting. Trustee Sussman seconded the motion. Upon roll call,Trustees voted as follows on the motion to amend the minutes: AYES: I —Stone NAYS: 4—Braiman,Berman,Trilling,Sussman ABSENT: 1—Glover Motion defeated. Upon roll call,Trustees voted as follows on the original minutes. AYES: 4—Braiman,Berman,Trilling,Sussman NAYS: 1—Stone ABSENT: l -Glover Motion declared carried. The minutes of the September 27,2010 meeting will be deferred until the October 18,2010 meeting. WARRANT#1153 Mr.Tenerelli read Warrant#1153. Staff then answered questions from the Board. Moved by Braiman, seconded by Berman,to approve Warrant#1153 in the amount of$3,239,916.49,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling, Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. 12423 10/04/2010 PRESIDENT'S REPORT President Hartstein read from a Proclamation declaring the month of October,2010 as Disability Awareness Month in the Village of Buffalo Grove,and called upon the community to join in honoring persons with disabilities. President Hartstein read a Proclamation declaring the month of October,2010 as Domestic Violence Awareness Month,and encouraged our residents to join forces with victim service programs,criminal justice officials and concerned citizens across the country to raise the public awareness of domestic violence issues. State Representative Sidney Mathias,noted that he is representing the Northwest Suburban Alliance on Domestic Violence,and he briefly summarized the work of the group,which has been in existence for ten years. President Hartstein read a letter that Mr.Bragg received from Shaw Environmental Inc.dated September 23, 2010. Shaw Environmental Inc.has been referred to many times in the past year,and the company sent a letter to Buffalo Grove because of their concern as to how their particular work is being represented. President Hartstein reported that a Notice of a Public Hearing regarding the Land&Lakes property will be held on November 9,2010 from 6:00 to 8:00 P.M.in the Council Chambers of the Village of Buffalo Grove. President Hartstein noted that the Board will strictly follow the Agenda for tonight's meeting,as well as adhering to strict time limits for all who wish to speak. RESOLUTION#2010-31-ROUTE 53 President Hartstein reviewed the proposed resolution,after which he read same. Moved by Braiman,seconded by Berman,to pass Resolution#2010-31,expressing support for the Illinois Route 53 Corridor Tollway Improvements. Rob Sherman,778 Stonebridge,suggested that"and the Governor"be added to the proposed resolution. Trustees Braiman and Berman amended the proposed resolution to add the phrase"and the Governor". Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. RESOLUTION#2010-32 PENSION REFORM Before reading the proposed resolution,President Hartstein highlighted the proposed changes to the document. Moved by Berman,seconded by Braiman,to pass Resolution#2010-32,urging the Illinois General Assembly to consider reasonable Public Pension Reforms. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. President Hartstein also urged our residents to contact our legislators on this very critical issue to our community,as well as communities throughout the state. 12424 10/04/2010 VILLAGE MANAGER'S REPORT Chief Vavra reviewed the rating system that is followed in awarding Fire Department ISO Certification. Chief Vavra noted that,effective October 1,2010,the Village was able to maintain the ISO Class 2 rating, which is a tremendous accomplishment,putting the Village in the top 21/2%of communities in the State of 00111inois and the top 11/4%of communities in the United States as far as ability to provide fire protection. The Chief then answered questions from the Board. Further details on this issue may be found in the Village Board Meeting Agenda Overview that he prepared. It was noted that the ISO rating effectively sets the rates homeowners and businesses will pay for insurance,so this rating is good news for the entire community. Chief Vavra noted that the month of October focuses on FIRE PREVENTION MONTH,with the theme this year being Smoke Detectors—A Sound You Can Live With. Chief Vavra also commented on his PINK HEALS shirt in recognition of October being Breast Cancer Awareness Month. All fire personnel are authorized to wear pink during the month of October. Chief Vavra also noted that Joe Alexander,Firefighter of the Year,will be recognized at a later meeting. Mr.Bragg thanked the Chief and the staff. The rating speaks volumes about aspect of the fire service. Anthony Bryant,Burns&McDonnell,presented a brief update on the Dundee Road Right-of-Way Improvement Project. Staff is finalizing concepts to present at a public open house for review and comment. Mr.Boysen's memo to Mr.Bragg of October 4,2010 provides further details on the proposal,as does the Burns &McDonnell report. Mr.Bragg stated that he is currently completing Department Meetings with all Village staff. There will be a survey program completed soliciting feedback and suggestions from employees concerning efficiency and operations improvements. Results of the survey will be shared with the Board. Li QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not listed on the agenda. Brenda Weiss,Lincolnshire,noted her concerns with regard to the Land&Lakes issue,specifically water quality,and asked that the study be completed. Trustee Stone left the dais to speak as a resident,rather than as a Trustee,and also addressed the Land&Lakes and Shaw Environmental issues,noting that the 2005 study needs to be completed. Matthew Cohn,stated that he believes the Land&Lakes issue should be addressed by the IEPA;he does not believe the Village Board should be addressing the issue. TRUSTEE REPORTS Trustee Berman reported that there will be an Electronics Recycling Event at Siemens,990 Deerfield Parkway,on October 23,2010 from 9:00 A.M.until 12:00 P.M. Trustee Berman commended Mary Moodhe for her leadership role in organizing the Village Team for the Step Out Buffalo Grove event at Didier Farms this past Sunday for the benefit of the American Diabetes Association. There were nearly 700 participants and a great deal of money was raised to find a cure for this disease. Trustee Braiman reported that the Village,in conjunction with Northwest Community Hospital,is again offering a Flu Shot Clinic to be held in the Council Chambers on Saturday,October 9,2010. 12425 10/04/2010 Trustee Trilling noted that the first annual Connie's Run for Hope will be held at Busse Woods on October 10, 2010. Proceeds will benefit the American Cancer's Society Hope Lodge. Trustee Stone reported that the Buffalo Grove Symphonic Band Fall Performance will be held on November 7,2010. Trustee Stone reported that a Notice of a Public Hearing regarding the Land&Lakes property will be held on November 9,2010 from 6:00 to 8:00 P.M.in the Council Chambers of the Village of Buffalo Grove. Trustee Stone commented on the lack of discussion noted in the Finance Committee Meeting Minutes that were taken off tonight's agenda. Trustee Stone commented that a Trustee had a golf cart in the Buffalo Grove Days Parade urging her re- election,and Trustee Stone did not believe that was allowed. Trustee Stone commented that there are video tapes missing from 2005. The tapes that she is requesting relate to Land&Lakes. She believes there should be some sort of investigation. Trustee Stone again brought up the question for Mr.Raysa with regard to her being able to view a certain block of E-Mails. Trustee Trilling stated that the Village Board Meeting video tapes and DVD's are maintained by Village staff, and not by the Village Clerk. The videos are only required by law to be maintained for 30 days after the final airing. Trustee Braiman noted that there are audio tapes available for the meetings which Trustee Stone requested which were made available to Trustee Stone. Trustee Braiman stated that,with regard to Land&Lakes,the Village cannot legally go on their property to conduct tests. Only the County and the EPA have that power. Trustee Sussman stated that the Finance Committee Meeting is simply a way to brainstorm;there are no motions made;there are no votes taken;there are no decisions made to be recorded in minutes. 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.The Village Clerk read a brief synopsis of each of the items on the Consent Agenda;there were no such requests. With regard to Item XI.,B.,Mr.Raysa noted that State Statute requires the Board to make a written determination of approval of the changes orders. In order to prove those change orders,the Board had to find one of three items:(i)the circumstances necessitating the changes were not reasonably foreseeable at the time the contract was signed,or(ii)the change is germane to the original contract,or(iii)the change order is in the best interest of the Village. Staff is recommending that all three requirements have been met on Change Order #3,and on Change Order#4,staff is representing to the Village Board,that the circumstances necessitating the changes were not reasonably foreseeable at the time the contract was signed. Moved by Braiman,seconded by Berman,to approve the Consent Agenda subject to directing staff to prepare a written documentation supporting Mr.Raysa's comments. RESOLUTION#2010-33-MFT TAX Motion to approve Resolution#2010-33,opposing the borrowing of Motor Fuel Tax distributions in exchange for the release of Capital Bill Funding. DRAINAGE IMPROVEMENTS PROJECT Motion to accept Change Orders#3 and#4 for Villagewide Drainage Improvements Project. 12426 10/04/2010 �./ Upon roll call,Trustees voted as follows on the amended Consent Agenda: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. RESOLUTION#2010-34—PUMP STATION No.7 Mr.Bragg reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda item Overview prepared by Mr.Boysen. Moved by Braiman,seconded by Berman,to pass Resolution#2010-34,to approve an Agreement to provide Professional Engineering Design and Bidding Services for Reservoir Repairs at Pump Station No.7. It was noted that bids are being waived because of the nature of the professional services required. Staff answered questions from the Board. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling, Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. JUMP ZONE Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Tom and Bernice Elenz,petitioners provided details of the proposed facility,after which they answered questions from the Board. Parking and uses are issues to be reviewed by the Plan Commission. Moved by Berman,seconded by Braiman,to refer Jump Zone, 1465 Busch Parkway,proposed Recreational Use in the Industrial District,to the Plan Commission for review and to proceed directly to a Public Hearing in accordance with the staff recommendation in Board packets. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. 619 COBBLESTONE LANE Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda item Overview prepared by Mr.Pfeil. Marina Meltser,petitioners noted that she is requesting reauthorization of the Special Use concerning the child day care home at 619 Cobblestone Lane,after which she answered questions from the Board. Moved by Sussman, seconded by Berman, to reauthorize the Special Use for a Child Day Care Home at 619 Cobblestone Lane, and have staff prepare an ordinance for consideration. Upon roll call, Trustees voted as follows: 12427 10/04/2010 AYES: 5—Braiman,Berman,Trilling, Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. NEW BUSINESS Trustee Stone moved that the Board consider some action of some sort that the Board can address Land& Lakes just as was done during the composting situation. There was no second to the motion. Trustee Stone moved to place the creation of an Environmental Commission on the next agenda. Trustee Berman seconded the motion.Upon voice vote,the motion was unanimously declared carried. Trustee Stone stated that she believes the Minutes need to contain the substance in a summary of what took place at a meeting,and she made a motion to address the issue of the minutes at the next meeting. There was no second to the motion. The Village Clerk responded to the comments regarding the minutes. ADJOURNMENT Moved by Berman,seconded by Trilling,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:09 P.M. Janet 144,8irabian,Village Clerk Li APPROVED BY ME THIS 18th DAY OF October ,2010 /4vel,6!!t--- i lage President •