2010-10-18 - Village Board Regular Meeting - Minutes 12428
10/18/2010
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 18,2010
CALL TO ORDER
President Hartstein 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: President Hartstein;Trustees Braiman,Glover,Berman, Trilling, Stone,
and Sussman.
Also present were: Dane Bragg,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;Carol Berman,Deputy Building Commissioner-
' Administration;Rick Kuhl,Deputy Director of Public Works;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Braiman,seconded by Berman,to approve the minutes of the Regular Meeting of October 4,2010. Upon
roll call,Trustees voted as follows:
AYES: 4—Braiman,Berman,Trilling, Sussman
NAYS: 1 —Stone
ABSTAIN: 1 -Glover
Motion declared carried.
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Moved by Braiman,seconded by Trilling,to approve the minutes of the Committee of the Whole Meeting of
September 27,2010.
In answer to a question from Trustee Berman,Mr.Raysa clarified the reason that the meeting is labeled as a
Committee of the Whole meeting.
Trustee Berman asked that there be an addition to these minutes to show that each Trustee is not required to be
present at this meeting.
Trustees Braiman and Trilling agreed to the amendment proposed by Trustee Berman.
Mr. Raysa then answered questions from Trustees,opining that a meeting must be noticed when a majority of a
quorum is present to discuss public business. This would not apply merely because a majority of a quorum is
present at any type of meeting as observers.
Rob Sherman, 778 Stonebridge,commented that he believes everyone on the dais takes this matter very seriously
and are attempting to do the right thing,and he thanked the Board for addressing this matter.
Mr. Sherman asked the Board to reject these particular minutes because of the lack of specificity,and he noted that
he spoke with Mr. Luke at the Attorney General's office,who indicated that there should be more specificity of
discussion.
Mr. Raysa stated that there is currently no time limit on when the minutes are approved after a meeting.
Mr. Raysa noted that he talked with Matt Seaback at the Attorney General's office, who stated that it was Michael
Luke's opinion that"the Statute does not require any degree of specificity". Mr. Raysa's opinion is that the
amended minutes that are on the table are satisfactory and meet the requirements of the Open Meetings Act.
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Upon roll call,Trustees voted as follows on the amended minutes:
�./ AYES: 4—Braiman,Berman,Trilling, Sussman
NAYS: 1 —Stone
ABSTAIN: I -Glover
Motion declared carried.
WARRANT#1154
Mr.Tenerelli read Warrant#1154. Staff then answered questions from the Board. Moved by Braiman, seconded by
Berman,to approve Warrant#1154 in the amount of$1,610,353.50,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 reminded everyone that the Board will be adhering strictly to the agenda and that Mr.
Malinowski will again be keeping track of time limits.
President Hartstein reported that he attended a meeting for the Chicago Metropolitan Agency for Planning
(CMAP),and he is pleased to announce that the Go To 2040 plan was approved. President Hartstein reviewed and
summarized the proposal,noting that it is a guideline for all communities to utilize in terms of prioritizing.
RESOLUTION#2010-35—COMMANDER BUCALO
President Hartstein read the proposed resolution.
Moved by Berman,seconded by Glover,to pass Resolution#2010-35,commending Commander Mark Bucalo for
service to the Village of Buffalo Grove, 1984-2010. Upon voice vote,the motion was unanimously declared carried.
Commander Bucalo came forward and was presented with the Resolution as he was congratulated by the audience
and the Board.
VILLAGE MANAGER'S REPORT
Mr.Bragg reviewed the polling of the Board with regard to IEPA Hearing to be held in the Council Chambers on
November 9,2010,noting that the majority of the Board did not believe it necessary for Buffalo Grove to undertake
the expense of recording and broadcasting the Hearing.
Mr.Anderson presented the 2010 Buffalo Grove Days Financial Report,details of which are contained in the
Village Board Meeting Agenda Item Overview that he prepared;he then answered questions from the Board.
Mr.Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for
September,2010;there were no questions on the report.
Rick Kuhl presented the 2010-2011 Snow and Ice Control Program. Buffalo Grove has also again received the
Excellence in Storage Award from the Salt Institute.
QUESTIONS FROM THE AUDIENCE
Brenda Weiss,Lincolnshire, noted her concerns with regard to the Land& Lakes site, specifically water quality.
Trustee Stone stepped down from the dais to comment on the fact that she believes that the IEPA Hearing should
be broadcast on cable and also on the Village website.
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TRUSTEE REPORTS
President Hartstein introduced Rachel Becker,the student who suggested the proposal for the upcoming Why I
Love Buffalo Grove contest. Trustee Sussman reviewed the details of the contest,details of which are contained in
the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch,and she thanked Rachel for her idea,
and Stan Zoller for his help in coordinating the guidelines for the contest.
The Village Clerk reviewed the Civics Forum that will take place on October 25,2010. The student participants
were in attendance and introduced themselves.
Trustee Sussman noted that there will be an Electronics Recycling Event on October 23,2010 at the Siemens
facility on Deerfield Parkway, and urged residents to bring their unused items to this free event.
Trustee Glover reminded everyone that she would like everyone to wear pink on October 25,26,27,2010 in
recognition of the Cares Enough to Wear Pink to show support for cancer research.
Trustee Trilling noted that there are now No Cell Phone Use signs at the beginning of school zones,and he
reviewed the law.
Trustee Stone commented on the IEPA Hearing and believes that it should be broadcast to keep the residents
apprised.
Trustee Stone commented on the Recall referendum.
The Village Clerk reminded residents of the election on November 2,2010 and urged everyone to exercise their
right to vote.
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.
Moved by Glover,seconded by Berman,to approve the Consent Agenda.
ORDINANCE#2010-53—WENDY'S
Motion to approve Ordinance#2010-53,granting certain variations to the Buffalo Grove Sign Code for Wendy's
International,245 McHenry Road.
ORDINANCE#2010-54—VAN VLISSINGEN
Motion to approve Ordinance#2010-54,granting certain variances to the Buffalo Grove Sign Code for Van
Vlissingen&Company for 1300-1398 Busch Parkway.
ORDINANCE#2010-55—VAN VLISSINGEN
Motion to approve Ordinance#2010-55,granting certain variations to the Buffalo Grove Sign Code for Van
Vlissingen&Company for 1405-1495 Busch Parkway.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 6—Braiman,Glover, Berman,Trilling, Stone, Sussman
NAYS: 0—None a
Motion declared carried.
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RESOLUTION#2010-36—COMPUTER AIDED DISPATCH
�./ Mr. Bragg reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mrs.Neukirch.
After discussion,it was moved by Glover,seconded by Berman,to pass Resolution#2010-36,Intergovernmental
Agreement Between the County of Lake and the Village of Buffalo Grove sharing a Computer-Aided Dispatch and
Video along various County Highways,State Roads and Toll Roads in and about Lake County.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman
NAYS: 0—None
Motion declared carried.
RESOLUTION#2010-37—BICYCLE PATH
Moved by Trilling,seconded by Berman,to pass Resolution#2010-37,to establish a Bicycle Path System Ad-Hoc
Committee.
Trustee Trilling then read the proposed resolution,and details of the proposal may be found in the Village Board
Meeting Agenda Item Overview prepared by Mrs.Neukirch.
Discussion on the proposed resolution followed,after which Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman
NAYS: 0—None
Motion declared carried.
President Hartstein urged members of the community who would be interested in serving on this committee to
contact the Village Manager's office.
ORDINANCE#2010-56-619 COBBLESTONE LANE
Moved by Sussman, seconded by Glover,to pass Ordinance#2010-56,reauthorizing a Special Use for a Child Day
Care Home at 619 Cobblestone Lane. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman
NAYS: 0—None
Motion declared carried.
NEW BUSINESS
On behalf of her parents,Alexandra Fremderman,reviewed the reason for the appeal of the Zoning Board of
Appeals decision to deny the request for a fence variation at 434 Thorndale Court.
A representative from the Zoning Board of Appeals reviewed the deliberations that took place at that meeting.
Moved by Berman,seconded by Braiman,to refer this matter back to the Zoning Board of Appeals to attempt to
work out a solution that will be satisfactory to all parties involved. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover, Berman,Trilling, Stone, Sussman
NAYS: 0—None
Motion declared carried.
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President Hartstein introduced concept of an Environmental Commission.
Trustee Stone reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mrs.Neukirch.
Lengthy Board discussion followed with regard to such issues as the residency requirement for commissioners,the
role of the proposed commission,as well as care not to override or interfere with our own Board of Health and the
Environmental Action Team of the Park District.
Adam Moodhe, 151 MaryLu Lane, commented with regard to the proposed commission and environmental actions
which are already in place.
It was determined that staff be directed to research the pros and cons of the proposed commission and return to the
Board with a recommendation.
Trustee Stone made a motion to place on the next meeting's agenda to amend the Recall Ordinance,Chapter 2.70,
Recall of Elected Officials,to the Buffalo Grove Municipal Code,to stipulate that there must be a proper vetting
process so that the public is well aware that an elected official is being considered for removal and that their vote
may be overturned. There was no second to the motion.
EXECUTIVE SESSION
Moved by Trilling, seconded by Braiman,to move to Executive Session for the purpose of discussing the Approval
of Closed Meeting Minutes, Section 2(c)(21)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as
follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman
NAYS: 0—None
Motion declared carried.
The Board moved to Executive Session from until 10:34 P.M.until 11:05 P.M.
ADJOURNMENT
Moved by Braiman,seconded by Sussman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 11:06 P.M.
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Janet Mn,Village Clerk
APPROVED BY ME THIS 1st DAY OF November ,2010
Village President