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2010-11-01 - Village Board Regular Meeting - Minutes 12433 11/01/10 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,NOVEMBER 1,2010 CALL TO ORDER President Hartstein called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following were physically present: President Hartstein;Trustees Braiman,Trilling, Stone,and Sussman. Trustee Glover was absent. Trustee Berman arrived at 8:00 P.M. 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;Greg Boysen,Director of Public Works;Robert Pfeil,Village Planner;and Carol Berman,Deputy Building Commissioner-Administration. APPROVAL OF MINUTES Moved by Braiman,seconded by Trilling,to approve the minutes of the October 18,2010 Regular Meeting. Trustee Stone amended the minutes to add the following sentence at the end of the first paragraph under Village Manager's Report with regard to the IEPA Hearing: Board members also expressed concern that this would set a precedent that would open the door to the possibility of other groups wanting to use the Village website and/or our cable channel for their own purposes. Trustee Trilling seconded the amendment. Upon roll call,Trustees voted as follows on the amendment: AYES: 4—Braiman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 2—Glover,Berman Motion declared carried. Trustee Stone moved to amend the minutes to state that,during Questions from the Audience,Trustee Stone told the public what the management wrote to the Board of Trustees with regard to setting a precedent in allowing other groups to request the use of Village communication avenues. There was no second to the motion. Trustee Stone moved to amend the minutes to reflect conversations with regard to certain a-mails concerning Land&Lakes. There was no second to the motion. Upon roll call,Trustees voted on the amended minutes: AYES: 4—Braiman,Trilling,Sussman,President Hartstein NAYS: 1 —Stone ABSENT: 2- Glover,Berman Motion declared carried. Moved by Braiman,seconded by Trilling,to approve the minutes of the October 25,2010 Committee of the Whole/Civics Forum. Rob Sherman,778 Stonebridge,asked that the Board reject these minutes and direct the Village Clerk to re-do them,as they do not present a proper summary of the discussion that took place. i J 12434 11/01/2010 Trustee Stone moved to amend the minutes to reflect a summary of what was discussed as the minutes should do according to the Act. There was no second to the amendment. In answer to a question from Trustee Stone,Mr.Raysa stated that the content of what should be in the minutes is up to the majority of the Board. Upon roll call,Trustees voted on the original minutes: AYES: 4—Braiman,Trilling,Sussman,President Hartstein NAYS: 1—Stone ABSENT: 2-Glover,Berman Motion declared carried. WARRANT #1155 Mr.Anderson read Warrant#1155. Moved by Braiman,seconded by Trilling,to approve Warrant#1155 in the amount of$1,773,397.11,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 2—Glover,Berman Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein urged residents to attend the Veteran's Day ceremony that is sponsored by the Buffalo Grove Park District to honor our veterans at Buffalo Grove High School on November 11,2010. In answer to a question from President Hartstein,Mr.Giddens commented on the circumstances surrounding the discussion with regard to certain E-Mails that have been previously discussed. Mrs.Neukirch also contributed to the discussion. Trustee Trilling stated that there is a proper time for everyone to speak,and he asked that the audience and the Board conduct themselves appropriately. Trustee Berman arrived at this time. VILLAGE MANAGER'S REPORT Mr.Giddens reviewed the$70,074 grant awarded to the Village of Buffalo Grove from the Illinois Emergency Services Association. This grant will fund 8 projects that the Emergency Management Agency will be undertaking in 2011,details of which may be found in his memo to Mr.Bragg of October 28,2010. Mr.Bragg thanked Mr.Giddens and Mr.Wieser for their work on this grant,and noted that these projects will be entirely funded by the grant. Mr.Anderson made a presentation to the Board with regard to the Truth in Taxation Act—Tax Year 2010 Levy Determination Notice. Details of his presentation may be noted in the Village Board Meeting Agenda Item Overview that he prepared,as well as his memo to Mr.Bragg of October 21,2010. QUESTIONS FROM THE AUDIENCE Mike Pilch,610 Bordeaux Court,asked if the Board is ever going to have Term Limits. President Hartstein stated that this would be up to Board to discuss as it sees fit. Mr.Pilch asked who is paying for the Recall. President Hartstein noted that the Recall election is being done under the auspices of the election authority,both Cook and Lake Counties,so there is no special cost to the Village of Buffalo Grove. 1 12435 11/01/2010 Mr. Pilch asked what happened to the$2.1M Stimulus money. President Hartstein stated that the Village has not received$2.1M in Stimulus money. The Village was recently advised of the first installment of additional money through the MFT tax via the state. Mr.Bragg stated the amount is$187,000,to be utilized for the improvement of local streets,and was just received last week. Mr.Pilch asked what the Village is doing is compensate for the lost of revenue from the Foreclosures in the Village. Trustee Stone stepped down from the dais to speak. Trustee Stone commented on the Recall Ordinance. Trustee Stone commented on the IEPA Hearing,noting that she wants it to be known that one reason that the Board declined to broad cast this hearing is because of the expense,as well as the fact that it might set a precedent for other groups wanting to make use of our communication vehicles. Trustee Stone stated that she will personally subsidize the cost to have these proceedings recorded and broadcast to the residents. Trustee Stone then read the Mission Statement the Policy&Programming on BGTV. Trustee Stone commented on the e-mail that she wrote to Agent Ruesch with regard to Land&Lakes,with a copy to Congressman Kirk and Lake County Commissioner,as well as forwarding it to the Daily Herald and Pioneer Press. Trustee Trilling pointed out that the first thing that he previously asked for was that the audience conduct themselves appropriately. Trustee Trilling also pointed out that Village Board meetings are the only ones that are broadcast on cable,and that allowing another entity to broadcast could set a precedent. Trustee Berman noted that the Village Board is a Legislative Board which enacts legislation for the Village. Each Board member is a legislator,and part of the job is to draft legislation. F v Trustee Berman pointed out that,although Trustee Stone noted those that she did copy on the Land&Lakes e- mail,she did not send the e-mail to any member of the staff or the Village Board. TRUSTEE REPORTS Mr.Bragg reviewed the Public Input Meeting to take place on December 7,2010 at 4:00 P.M.with regard to the Dundee Road Corridor,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. In that regard,Trustee Trilling asked that the Bicycle Commission be established as soon as possible,as he believes that this is a perfect opportunity for them to become involved. Trustee Braiman noted that there has recently been news coverage with regard to children of divorcing parents. The County recently instituted a new program called Family Visitation Center,and Trustee Braiman wanted to recognize and thank Chief Balinski,as he was a leader in obtaining this new program. Chief Balinski commented on the program. Trustee Sussman thanked the Buffalo Grove Police Department for the safety tips that they provided for Trick or Treaters. Trustee Sussman then asked Chief Vavra to comment on the Fire Department's effort to participate in Trick or Treating. Chief Vavra stated that,children do not usually Trick or Treat at the Fire Department,so our personnel took the fire equipment out into the neighborhoods and distributed candy to the Trick or Treaters. The program was a big success and will be continued. Trustee Stone again commented on the E-Mail conversation previously discussed. In response to Trustee Berman's previous comments,Trustee Stone stated that she did not copy the Village Board since she believed they had already received it. Trustee Stone again commented on the broadcast of the IEPA Hearing,and read the memo from Mr.Bragg. 12436 11/01/2010 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.there were no such requests. RESOLUTION#2010-38—NATURAL GAS SERVICE Motion to pass Resolution#2010-38,approving an Alternate Natural Gas Service for several Village of Buffalo Grove accounts. RESOLUTION#2010-39—CLOSED SESSION MINUTES Motion to approve Resolution#2010-39,approving the release of minutes from Closed Session. NATIVE AMERICAN HERITAGE MONTH Motion to approve a Proclamation declaring November 2010 as Native American Heritage Month. SPORTSLINE DISTRIBUTORS Motion to accept Certificate of Initial Acceptance and Approval for Sportsline Distributors. TORAH ACADEMY Motion to authorize conduction of a Raffle for the Torah Academy. Moved by Berman,seconded by Trilling,to approve the Consent Agenda. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. ORDINANCE#2010-57—JUMP ZONE Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Sussman,seconded by Berman,to pass Ordinance#2010-57,approving a Special Use for a Recreation Facility in the Industrial District,Jump Zone, 1465 Busch Parkway. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. ORDINANCE#2010-58—RIVERWALK Moved by Berman,seconded by Braiman,to pass Ordinance#2010-58,approving an amendment of the Planned Unit Development for Riverwalk concerning the proposed wall sign for PrimeSource healthcare,2100 Lake Cook Road. r. — - _ - _ _ _ - _ _ 12437 11/01/2010 In answer to a question from Trustee Berman,Mr.Pfeil stated that there could be a Plan Commission referral, but staff thought that the Board might be interested in handling it directly;there is no need for a Public Hearing since there is no need for variation of ordinances involved. Trustee Berman is concerned with the extent and impact of the sign to the neighboring area,and he would rather see the Plan Commission review the sign. Brian Lunt,Hamilton Partners,stated that they feel that there is great potential for growth with this entity,so they have no issues with giving them that signage right. The original motion was withdrawn by Trustees Berman and Braiman. Moved by Berman,seconded by Braiman,to refer the approval of an amendment of the Planned Unit Development for Riverwalk concerning the proposed wall sign for PrimeSource Healthcare,2100 Lake Cook Road,to the Plan Commission for review and input for resubmission to the Village Board for action. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. 2011-2015 CAPITAL IMPROVEMENT PROGRAM Mr.Anderson presented the 2011-2015 Capital Improvement Program,noting the purpose of the Plan is to provide a framework for capital facilities,street infrastructure needs,and identifying demands over the next five years. The Plan serves as a decision tool to rate the relative importance of the program against the ability of the Village to finance the project. This document is a planning tool used by management to see what the capital needs are over the next five years. Approval of this Plan does not approve these particular projects. Staff then answered questions from the Board. Trustee Stone stated that she wants to see meters that monitor the ground water cumulatively. NEW BUSINESS Trustee Stone made a motion to put on the next agenda a resolution that would ask the Board to put on the Village website a four e-mail string with regard to Land&Lakes. There was no second to the motion. Trustee Stone moved to pass a resolution that when a rule is made that there are no deleted e-mails,there actually should not be deleted e-mails. Mr.Giddens briefly noted that the Village receives between 1.5 and 3 million emails per month. The system is not designed to keep that much email,so the concept of keeping every email is not manageable. Trustee Stone asked how the Village can differentiate between junk and government e-mails. Mr.Raysa responded that he is developing an e-mail policy which is being reviewed and will be forward to staff for review and then to the Village Board. Mrs.Neukirch also commented on direction given to staff. Trustee Trilling noted that he has implicit trust in every one of our employees. There was no second to the motion. 12438 11/01/2010 EXECUTIVE SESSION Moved by Berman,seconded by Sussman,to move to Executive Session for the purpose of discussing Collective Bargaining,Section 2(c)(2)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1 -Glover Motion declared carried. The Board moved to Executive Session from until 9:39 P.M.until 10:40 P.M. ADJOURNMENT Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:40 P.M. Jane Sirabian,Village Clerk APPROVED BY ME THIS 15th DAY OF November ,2010 • Village President