Loading...
2010-12-06 - Village Board Regular Meeting - Minutes 12443 12/06/2010 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,DECEMBER 6,2010 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, Trilling and Sussman. Trustee Berman arrived at 8:06 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;Rick Kuhl, Superintendent of Public Works;Brett Robinson,Public Works Technical Services Manager;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;Carol Berman,Deputy Building Commissioner-Administration;Police Chief Balinski;Police Commander Newton;Police Sgt.Kristiansen; Fire Chief Vavra;Carmen Molinaro,Director of Golf Operation;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Braiman,seconded by Trilling,to approve the minutes of the November 1,2010 Regular Meeting. Upon roll call,Trustees voted on the minutes: AYES: 4—Braiman, Trilling, Sussman,President Hartstein NAYS: 0—None ABSENT: 1 —Berman ABSTAIN: 1 —Glover Motion declared carried. The Village Clerk noted an amendment to the minutes of the November 15,2010 minutes. Since Trustee Stone was still at Trustee at that time,the minutes should note that she was absent,and the minutes will be changed to reflect the fact that Trustee Stone was absent. Moved by Braiman, seconded by Trilling,to approve the amended minutes of the November 15,2010 Regular Meeting. Upon roll call,Trustees voted on the amended minutes: AYES: 4—Braiman, Trilling, Sussman, President Hartstein NAYS: 0—None ABSTAIN: 1 —Glover ABSENT: 1 - Berman Motion declared carried. WARRANT#1157 Mr. Tenerelli read Warrant#1157. Moved by Glover,seconded by Braiman,to approve Warrant#1157 in the amount of$3,963,298.80,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: L 12444 12/06/2010 AYES: 4—Braiman,Glover,Trilling, Sussman NAYS: 0—None �-/ ABSENT: 1 —Berman Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein noted the Cooper Middle School Boy's Cross Country Team who are the current State Champions. Each of the boys was recognized and presented with a Commendation as they were congratulated by the audience and the Board. President Hartstein also recognized Katie Donnewald,a senior at Buffalo Grove High School,for her efforts in staging a Dance Marathon for Salute,Inc. a locally based,non-profit organization that provides physical,emotional and financial resources for military service members,veterans and their families. Over$6,500 was raised for our veterans at this event. President Hartstein then read a Commendation which he presented to Katie Donnewald as she received a standing ovation from the audience and the Board. President Hartstein reported on the status of the Bicycle Path System Ad-Hoc Committee,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. President Hartstein appointed the following residents to this committee: Michelle Bruner, Steven Janis,Marty Kander,Theresa Kotecki,Arnold Martin,Jerry Meyerhoff,Mike Terson,Anthony Parkhill, Sheri Rosenbaum,Eric Scott,Lynne Schneider,Richard Schneider, and Marc Stookal. Moved by Braiman,seconded by Trilling,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. President Hartstein appointed Martha Weiss to the Ethics Commission. Moved by Braiman, seconded by Sussman, to concur with President Hartstein's appointment. Upon voice vote,the motion was unanimously declared carried. President Hartstein appoint Sharon Borstein to the Arts Commission. Moved by Braiman,seconded by Glover,to concur with President Hartstein's appointment. Upon voice vote,the motion was unanimously declared carried. President Hartstein read a Proclamation declaring the month of December 2010 as Drunk and Drugged Driving (3D)Prevention Month,and urged everyone to promote awareness of impaired driving problems,to support programs and policies to reduce the incidents of impaired driving,and to promote safer and healthier behaviors regarding the use of alcohol and other drugs. President Hartstein reported on the passage of Pension Reform for public safety employees by the Illinois State Legislature,and he thanked everyone involved in getting this legislation passed. President Hartstein noted that he recently attended the grand opening of Leice Microsystems,a company who has located their North American headquarters in Buffalo Grove,and he welcomed them to the Village and wished them success in their business. President Hartstein announced that he will not seek re-election in the April 5,2011 Municipal Election,and he thanked all those residents who encouraged him to continue. President Hartstein noted that Buffalo Grove was and has been a part of his life,and he noted that it has been an honor and a privilege to serve our residents and our community,and he thanked everyone that he has worked with over the years. President Hartstein thanked Lisa Stone for her service as a Village Trustee,and wished her well in the future. Trustee Berman arrived at this time. President Hartstein summarized the background on the vacancy for Village Trustee created by the recent vote in the election. President Hartstein reviewed the background of Eric Smith,and then appointed Eric Smith to fulfill the position of Village Trustee until the 2011 Municipal Election, when there will be a ballot position for a two-year term. 12445 12/06/2010 Moved by Braiman,seconded by Berman,to concur with President Hartstein's appointment. Upon roll call, Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Trilling,Sussman NAYS: 0—None Motion declared carried. President Hartstein,along with the audience and the Board,congratulated Eric Smith and then administered the Oath of Office for the office of Village Trustee. Trustee Smith then took his place on the dais. VILLAGE MANAGER'S REPORT Mr.Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for October,2010;there were no questions on the report. Mr.Bragg noted that Supply House Times,the official publication of the American Supply Association,has awarded Banner Plumbing with the Showroom of the Year Award for the category of 10,000 square feet and larger facilities. Mr.Bragg noted that the recent IEPA Hearing will be broadcast on the public access channel on four consecutive Mondays at 7:00 P.M.beginning on December 13,2010. Mr.Bragg noted that there had been a request to introduce new legislation regarding the storage of Refuse Containers around residential homes. It was determined that there would be public education regarding the issue rather than creating an ordinance. There were no objections from the Board to this plan. Mr.Boysen presented an updated on the Cambridge on the Lake lift station,after which he answered questions from the Board. President Hartstein noted that our Lake County Commissioner, David Stolman,has been elected to serve as Chairman of the Lake County Board,and he offered congratulations to Commissioner Stolman. QUESTIONS FROM THE AUDIENCE Lisa Stone,noted that she is happy to hear that the IEPA Public Hearing is going to be aired,and again stated that she thinks it should be broadcast on the Village's cable channel. Lisa Stone suggested that the Adam's Roadhouse item on the agenda be moved to an earlier slot. Barry Stark,noted that he has been on the Plan Commission for 8 years and has worked with Eric Smith,and noted that he does not believe the Board could have found a better or more accomplished person to fill the open spot. SPECIAL BUSINESS Chief Balinski made a short presentation on the background of the involvement of the Buffalo Grove Police Department in the Special Olympics organization. Chief Balinski asked Commander Newton to present a check for $25,400 to Doug Snyder,President and CEO of Special Olympics of Illinois on behalf of the Buffalo Grove Police Department. Mr. Snyder thanked the Village and the Department and the community for the contribution, and noted that Buffalo Grove is well known for leadership in the disabilities movement. Chief Balinski thanked the Board for their support of this campaign. Andy Stein shared his experience as a recent graduate of the Citizens Police Academy, and urged residents to take part in this experience. The class took up a collection, and Mr. Stein presented a check from that collection to Special Olympics. 12446 12/06/2010 Andy Stein,on behalf of the Allstate Foundation which awards Helping Hand grants to encourage employees to give back to the community,presented a donation of$500 to the Commission for Residents with Disabilities for the Monday morning activities during Buffalo Grove Days. Rick Kahen,Chairman of the Commission,thanked Mr. Stone and Allstate for their generous donation. TRUSTEE REPORTS Trustee Braiman noted the Holiday Light Recycling program being initiated by the Village,and noted the types of materials accepted,as well as the locations for drop off. Trustee Braiman noted that Lake County Board President David Stolman is not only our commissioner,but he is also a resident and a friend and a former member of the Zoning Board of Appeals. Trustee Trilling noted that Village of Buffalo Grove is a part of a group performing a Preliminary Engineering Study for several area roadways. The purpose of this meeting,scheduled for December 15,2010 at Aptakisic Jr. High School, is to present the proposed improvement alternates,the project schedule,and to seek input and comments regarding the project. Trustee Smith extended a heartfelt thank you for the confidence shown in his ability to step in as a Village Trustee and help the Village more forward,and he looks forward to working with the Board. President Hartstein welcomed Trustee Glover back to the dais. The Village Clerk noted the dates for petition filing for the April 5,2011 Municipal Election. 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 Berman, seconded by Braiman,to approve the Consent Agenda. ORDINANCE#2010-58—FABISH DRIVE Motion to pass Ordinance#2010-58,acknowledging fulfillment of certain obligations under Ordinance#85-7,an ordinance providing for the recoupment of advances for construction of a sanitary sewer on Fabish Drive between Highland Point Unit 7 and Busch Road. ORDINANCE#2010-59—APTAKISIC ROAD Motion to pass Ordinance#2010-59,acknowledging fulfillment of certain obligations under Ordinance#95-104,an ordinance providing for the recoupment of advances for construction of watermains along Aptakisic Road between Buffalo Grove Road and Barclay Boulevard. ORDINANCE#2010-60—CIRCLE K Motion to pass Ordinance#2010-60,granting variations from certain sections of the Buffalo Grove Sign Code for Circle K, 50 W. Lake Cook Road. ORDINANCE#2010-61 —DEERFIELDS BAKERY Motion to pass Ordinance#2010-61,granting variations from certain sections of the Buffalo Grove Sign Code and Zoning Code for Deerfields Bakery,201 Buffalo Grove Road. 12447 12/06/2010 RESOLUTION#2010-41 —ROTARY CLUB MEMBERSHIP Motion to approve Resolution#2010-41,approving Village Manager Civic Organization Membership—Rotary Club of Buffalo Grove. RESOLUTION#2010-42—2011 STREET MAINTENANCE PROGRAM Motion to approve Resolution#2010-42,calendar 2011 Villagewide Contractual Street Maintenance Program Motor Fuel Tax Resolution. RESOLUTION#2010-43—CORPORATE PERSONAL PROPERTY REPLACEMENT TAX Motion to approve Resolution#2010-43,regarding Corporate Personal Property Replacement Tax Distributions. FIREFIGHTER'S PENSION FUND Motion to accept Village of Buffalo Grove Firefighter's Pension Fund—Municipal Compliance Report—December 31,2009. POLICE PENSION FUND Motion to accept Village of Buffalo Grove Police Pension Fund—Municipal Compliance Report—December 31, 2009. AFFINITY HEALTHCARE Motion to accept Certificate of Initial Acceptance and Approval: Affinity Healthcare. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. ORDINANCE#2010-62—PRIMESOURCE HEALTHCARE Moved by Berman, seconded by Glover,to pass Ordinance#2010-62,approving an amendment of the Planned Unit Development for Riverwalk concerning the proposed wall sign for PrimeSource Healthcare,2100 Lake Cook Road in accordance with the draft contained in Board packets dated 12/2/2010. Mr. Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Timothy Beechick, Hamilton Partners,answered questions from the Board,and confirmed that they have reviewed the proposed ordinance and it is satisfactory to them. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. 12448 12/06/2010 ORDINANCE#2010-63—COLLECTION OF TAXES `./ Moved Braiman, seconded by Glover,to pass Ordinance#2010-63,for the Levy and Collection of Taxes for the Fiscal Year commencing on the 1st day of January,2011 and ending on the 31st day of December,2011, in accordance with the memo before the Board,which is undated. Mr. Anderson reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Katie Skibbe. Mr.Anderson noted that what is being discussed tonight represents the Village's portion of the tax bill which typically represents just under 10%of the tax bill that residents receive on an annual basis. In answer to a question from President Hartstein,Mr.Anderson confirmed that of the total bill, approximately$5.6 million relates to pension,an amount over which the Village has no discretion. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. RESOLUTION#2010-44—2011 BUDGET Moved by Braiman, seconded by Berman,to pass Resolution#2010-44,approval of the Fiscal Year 2011 Budget,as was prepared and reviewed at the last meeting. Mr.Bragg summarized the proposed budget. President Hartstein confirmed that this budget does not obligate the Village to spend the dollars proposed,and if further savings or revenue can be found,this amount of money does not have to be spent. Trustee Braiman brought up the subject of the Village newsletter,and suggested that staff look into going more towards eliminating the paper document and going to the internet. Mr. Bragg stated that staff is currently evaluating the Village newsletter. Trustee Berman commended our new Village Manager in putting together a solid maintenance budget. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. RESOLUTION#2010-45—CAPITAL IMPROVEMENT Moved by Braiman, seconded by Trilling,to pass Resolution#2010-45,approval of the Capital Improvement Program,as defined and presented at the November 2, 1010 meeting,and details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Katie Skibbe. Trustee Braiman noted that this is a planning document only, and each project must be approved on its own, and only approved by a Village Board vote. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover, Berman, Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. 12449 12/06/2010 RESOLUTION#2010-46—COOK COUNTY LOSS IN COLLECTION Moved by Braiman, seconded by Berman,to pass Resolution#2010-46,requesting the County of Cook not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove,in accordance with the memo from Scott Anderson. Mr.Anderson reviewed both this proposed resolution,and the following one regarding Lake County,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Katie Skibbe. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Sussman, Smith NAYS: 0—None Motion declared carried. RESOLUTION#2010-47—LAKE COUNTY LOSS IN COLLECTION Moved by Braiman,seconded by Berman,to pass Resolution#2010-47,requesting the County of Lake not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove, in accordance with the memo from Scott Anderson. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Sussman, Smith NAYS: 0—None Motion declared carried. 611 SILVER ROCK LANE Neal and Jamie Horwitch,611 Silver Rock Lane,made a presentation to the Board with regard to their appeal of the ZBA decision to deny their request for variance of Fence Code, Section 15.20.040,noting that the hardship is that the neighbor is eccentric and does not maintain his property,and they like to keep their property up,therefore,they would like to screen the neighbor's property. Further detail may be found in the Village Board Meeting Agenda Item Overview prepared by Mr. Sheehan. ZBA Commissioners Andy Stein and Louis Windecker commented on the deliberations at the ZBA meeting. Mr. Sheehan also reviewed the fence regulations. Lengthy discussion ensued in an attempt to find the best way to deal with this situation. Moved by Berman, seconded by Smith,to defer action on this item and the following item on the agenda(Craig Freeman, 910 Saxon Place)until the meeting following the resolution of the fence height question as brought back to the Board by staff. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Sussman, Smith NAYS: 0—None Motion declared carried. ADAM'S ROADHOUSE Mr. Bragg reviewed the Adam's Roadhouse&Hawthorne Race Course,LLC, request to amend Ordinance#2009- 30, special use authorizing inter-track wagering at 301 N. Milwaukee Avenue, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. With regard to the removal of the billboard,staff does recommend removal,although not necessarily immediately. 1,1 • 12450 12/06/2010 President Hartstein suggested that the issue of the transfer and the issue of the billboard be dealt with separately. Michael Arab,Adam's Roadhouse,noted that the billboard has been on the property for over 11 years and is currently his only source of advertising. The cost to remove the billboard is over$10,000,which would be very difficult at the present time. Also,there are many billboards on Milwaukee Avenue. In answer to a question from President Hartstein,Mr. Arab confirmed that he did understand that,under the ordinance,the billboard was to be removed,and he had agreed to that. Mrs.Neukirch stated that there has been correspondence from a number of residents in the Columbian Gardens subdivision in support of allowing the billboard to remain on the site. Andrew Stein,representing the Columbian Gardens residents,noted that the residents did not feel that the sign had any impact on the neighborhood,and six of the seven committee members had no problem with the sign remaining in place indefinitely. In answer to a question from Trustee Glover,Mr.Bragg stated that in the short term,they would like to see the sign removed in three to five years,and in the long term,they would like to se a reduction of billboards along the Milwaukee Avenue corridor. Trustee Glover stated that the Village has granted an extension,and she believes if the current extension is granted, it should be a shorter term in order to have some control over the timing, so she would be in favor of keeping the extension to one year and reviewing it again at that time. Trustee Trilling believes the billboard should come down,as he believes it leaves a negative impression and he would like to see Milwaukee Avenue cleaned up;he would like to see the billboard come down as quickly as possible;he would advocate a one-year extension and he would like he billboard down at that time. Trustee Berman agrees with Trustee Trilling's comments;he believes that those involved with the facility should be looking to comply fully with the special use;he does not believe the billboard is essential to the operation of the business;the point of granting the extension was to save the petitioner from having to spend the money to remove the sign,but at some point,that money will have to be spent;he believes staff's recommendation is sound,and the Board must back up staff's recommendation;he would also concur with other Trustees in granting an extension for one year as accommodation to current economic circumstances. Trustee Braiman would concur with the one-year extension,with the provision that,if the establishment is sold,the billboard must come down immediately. Moved by Braiman, seconded by Berman,to direct staff to extend the removal deadline for the billboard until 12/1/2011,with the provision that the billboard must be removed immediately if the business is sold. Trustee Trilling suggested that the applicant apply for a demolition permit no less than 60 days prior to 12/1/2011, and that,if staff does not receive a request for said permit,the Board be apprised. Mr. Raysa stated that this ordinance will run against the property, and will have the current owner of the property sign a covenant to the effect that, if the owner of the property does change,the subsequent owner would be responsible as far as demolition and removing the billboard. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover, Berman, Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. i l ' • 12451 12/06/2010 Jeffrey Kras,Chief Financial Officer for Hawthorne Race Course, Inc.,noted that Hawthorne Race Course is a Subchapter C Corporation. Mr. Kras stated that they did not intentionally omit reviewing the ordinance. A mistake was made,and he reviewed what had happened over the past few months. Inter-Track Partner encountered financial problems. Hawthorne Race Course dissolved Inter-Track Partners and took on their assets and management of the operation in Buffalo Grove. Inter-Track Partners was not recognized by the Illinois Racing Board to conduct paramutuel operations or any type of wagering activities. The license in Buffalo Grove was for by Balmoral Race Course,who was granted a license by the Illinois Racing Board to conduct wagering in Buffalo Grove legitimately. Inter-Track Partners contractually administered that license on behalf of Balmoral. Hawthorne Race Course has applied for the license beginning 1/1/2011. The wagering as it is happening right now is being conducted by Balmoral Race Course,subassigned by agreement to Hawthorne Race Course as a legitimate licensee within the State of Illinois as recognized by the Illinois Racing Board. As of 1/1/2011,Hawthorne Race Course will hold the license to the Buffalo Grove venue. This was a mistake that was made,and they will correct that mistake. The true licensee is the race tracks. The true operators are the race tracks. Trustee Sussman asked why, since Inter-Track Partners violated the special use condition,the Village did not immediately terminate the special use. Mr. Bragg reviewed what happened when the Village received word of the transfer. Staff then spoke to all parties and determined that the Village Board should make the determination on the direction to take. Staff also felt that sufficient progress was being made in order to transfer the special use over to the new operator. Staff also felt that there was no substantive change in the types of operations being conducted,and there was no specific violation or deviation from the original terms of the ordinance as it had been approved by the Board. Trustee Sussman believes that the special use should have been terminated on the day the Village found out about the transfer,and she believes that the letter of the law should have been followed. Trustee Trilling stated that he respectfully disagrees with Trustee Sussman. Shutting down a business is a major decision to take because of a transfer;he believes the Village Manager acted appropriately;he would want to hear from the petitioner as well as other Trustees before making a decision. Trustee Trilling also believes there is a degree of violation,and while the letter of the law is quite specific,he believes the fact the party that is now taking over the management is one of the three parties that originally was formed in this partnership plays significantly in the decision of the Village. The fact is that the party that is taking over is one of the three parties that actually had ownership in this particular venue. President Hartstein agreed that staff took appropriate action in this situation. Mr. Raysa reviewed that the three members of the LLC were Hawthorne Race Course,Inc.,Maywood Park Trotting Association,Inc. and Balmoral Racing Club, Inc. Trustee Smith stated that he believes the issue is controversial only because the OTB in general was controversial from the start. If this was any other business,there would be no questions and no one would even discuss shutting the business down. This has been a good business in Buffalo Grove, and he does not see this as being an issue. Trustee Braiman expressed disappointment that they did not come to the Village beforehand. There is no reason as to why that did not occur. With any type of transfer of ownership,the first order of business should be to find out from the municipality what requirements they have in order to transfer. However,the Village does not typically shut down businesses that are non-compliant. Instead,the Village tries to be business friendly and work with the business to become compliant. Trustee Braiman does not believe the vote would have been any different if only one of the unit owners was the applicant,rather than all three. At this point,the transfer must be completed in short form. Trustee Berman agrees with Trustees Smith and Braiman. It is unfortunate and disappointing that we are now talking about the special use being out of compliance. At the time the special use was granted,the concern centered on underage service,and there was a significant concern that the restaurant monitor the service,and that if there was even one out-of-compliance incident,the facility would lose the opportunity to operate the OTB. It is difficult to �./ accept the notion that this slipped through the cracks. The owner should be aware of how difficult this decision was 12452 12/06/2010 for the Board,and they are now on notice that they do not have a lot of leeway in how they conduct themselves going forward. Trustee Berman does not agree with the philosophy that the business should be shut down,but instead believes the Village should work with them to correct the situation. Trustee Sussman noted that she voted against the OTB,but once they were approved,she welcomed them and wished them luck as a business in the Village. In the future,when ordinances are written,all of the names that are a part of the LLC should be listed. In answer to a question from Lisa Stone,Chief Balinski noted that there have been no underage service violations since the special use was granted. Lisa Stone,resident,stated that she received an anonymous notification in her mailbox regarding the fact that Inter- Track Partners had ceased operations and was being sold by MB Financial Holdings;she related her interaction with the Village regarding the notification that she received;she believes this is being treated in a very light way, Mrs.Neukirch noted that the Village was in the possession of the transfer on November 22,2010. Craig Horowitz, 883 Stonebridge,reviewed several dates with regard to the OTB in 2009;he does not think people were aware of the significance of the meeting of May 4,2009;he believes there are reasons why the ordinance was poorly written;he believes the special use should be terminated and the petitioner should have to come back before the Board;he believes there were some red flags that were ignored. Frank Ladonne,Chestnut Court,cited several incidents where he believes the special use provisions were never addressed. Moved by Berman,seconded by Braiman,to direct staff to return with an ordinance to address the substance of a proposed modified ordinance. Trustee Trilling stated that it is important to recognize the people that have spoken tonight,he respects what people have said,and he understands that they are against the OTB. Trustee Trilling does not believe that the OTB has been shown to be a detriment to the Village,and he believes it has been proven by the Police Department that there are not problems with the facility. Trustee Trilling believes that there are issues that are important,but he is not personally willing to give up on the revenue that is being generated from OTB,which would cost the Village one police officer or one firefighter,for something that has not been shown to be a detriment to the community. Trustee Berman noted that all of the facts need to be presented when an ordinance is brought before the Board. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman, Glover,Berman,Trilling, Smith NAYS: 1 - Sussman Motion declared carried. Trustee Glover left at this time. TORAH ACADEMY Moved by Berman, seconded by Smith,to refer the Torah Academy Amended Special Use to the Plan Commission for review in accordance with the memorandum contained in Board packets. Mr. Bragg reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Pfeil. 12453 12/06/2010 l_ Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Sussman, Smith NAYS: 0—None Motion declared carried. 2011 CUSTODIAL CONTRACT Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Brett Robinson. Moved by Braiman,seconded by Berman,to approve award of bid for custodial contract 2011 to Crystal Maintenance in an amount not to exceed$58,380.00. Mr. Robinson then answered questions from the Board. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Trilling,Sussman, Smith NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. CONTRACTUAL STREET MAINTENANCE Moved by Braiman,seconded by Berman,to authorize bid for 2011 Villagewide Contractual Street Maintenance Program for those streets as identified in Mr. Kuenkler's memo in Board packets. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Trilling, Sussman, Smith NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. EXECUTIVE SESSION Moved by Sussman, seconded by Braiman,to move to Executive Session for the purpose of discussing Probable or Imminent Litigation against,affecting or on behalf of the Village, Section 2(c)(11)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 11:06 P.M. until 11:50 P.M. 12454 12/06/2010 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 11:51 P.M. Janet M. S ,Village Clerk APPROVED BY ME THIS 20th DAY OF December ,2010 Village President l v {