2010-01-18 - Village Board Regular Meeting - Minutes 12317
01/18/2010
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,JANUARY 18,2010
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 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;Robert Pfeil,Village Planner;Brian Sheehan,Deputy
Building Commissioner-Operation;Police Chief Balinski;and Deputy Police Chief Wagner.
APPROVAL OF MINUTES
Moved by Glover,seconded by Berman,to approve the minutes of the January 4,2010 Regular Meeting.
The Village Clerk noted two corrections to be made to the minutes:
1. On page 12313,at the end of the Public Hearing,the following should be inserted:
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman
NAYS: 0—None
Motion declared carried.
2. On page 12314,the third paragraph should read as follows:
After discussion,Trustees voted as follows:
Trustees Glover and Berman agreed to these changes.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Braiman,Glover,Berman,Trilling, Sussman
NAYS: 1 —Stone
Motion declared carried.
WARRANT#1137
Mr.Anderson read Warrant#1137. Moved by Glover,seconded by Braiman,to approve Warrant#1137 in the
amount of$2,183,433.74,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.
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VILLAGE PRESIDENT'S REPORT
President Hartstein paid tribute to Dr.Martin Luther King,Jr.,whose legacy we honor today. Also in honor of
Dr.King,President Hartstein urged all who are able to find some way to help those stricken by the recent
earthquake in Haiti. There will be a fundraiser for Haiti on January 25,2010 at the Continental Restaurant.
President Hartstein presented an award to Keanan Koppenhaver for the educational video that he produced regarding
Illinois Teen Driving Laws to complete his Eagle Scout project. This video will be shown throughout the month of
February at 3:00 P.M.daily on Channel 6. Mr.Koppenhaver was congratulated and thanked by the audience and the
Board,along with the rest of Boy Scout Troop#401, for the outstanding work that was done.
TRUSTEE REPORTS
Trustee Stone referred to the landfill on the Land&Lakes property,which periodically emits a noxious odor,and
she requested that there be an independent test by an outside source. Rick Rubenstein,a business owner on Barclay
Boulevard,shared his concerns about the odor that his business encountered when they first moved into their
building. Mr.Brimm reviewed the dealings that he has recently had with regard to this issue. President Hartstein
noted that the Village Manager will investigate and report back to Mr.Rubenstein and the Board.
Trustee Sussman reported on the upcoming Health&Wellness Fair on February 27,2010 at the Grove Banquets.
The Village Clerk reported on voter registration and early voting dates for the February 2,2010 Primary Election.
The Village Clerk also urged all residents to be sure to complete and return the 2010 Census forms,pointing out that
a complete and accurate count benefits the Village each resident.
VILLAGE MANAGER'S REPORT
Mr.Brimm reviewed the Calendar 2009 Volunteer Commission,Committee and Board Annual Reports,details
�•/ of which are contained in the Village Board Meeting Agenda Item prepared by Mrs.Neukirch. It was suggested that
it would be helpful to have our committees and commissions periodically make special presentations during a Board
Meeting so that the community is aware of the functions of these groups,and also perhaps more members of the
community will become interested in serving.
Mrs.Neukirch presented the Year 2009 Traffic Management Committee Annual Report,details of which are
contained in the Village Board Meeting Agenda Item Overview that she prepared. Staff then proceeded to answer
questions from the Board on the report.
Mr.Brimm noted the submittal and posting to the website and the e-library of the Monthly Management Report
for December,2009;there were no questions on the report.
Mr.Brimm reported that there will be a change in the Meeting Schedule,with meetings being proposed
for February 8,2010,February 22,2010,March 8,2010 and March 22,2010,rather than the usual 1st and
3rd Mondays. There was somewhat of a conflict with regard to changing the February 1,2010 meeting to February
8,2010. After discussion,it was determined that,because of the conflict,the meeting will remain
on February 1,2010 rather than February 8,2010.
Mr.Brimm reported on Public Act 96-542 which went into effect on January 1,2010. The FOIA officers and
designees on staff are on track for the required training that needs to be taken by June 30,2010.
PUBLIC HEARING—eSkape
At 8:32 P.M.,President Hartstein re-opened the continued Public Hearings for Amendment of Special Use,eSkape
Family Entertainment Center,350 McHenry Road,and Consideration of Amendments to the Village Zoning
Ordinance Concerning Uses Allowed in a Family Entertainment Center(continued from October 5,2009,October
19,2009,November 2,2009,December 7, 2009,December 21,2009 and January 4,2010).
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Mrs.Neukirch summarized the proposed ordinance,details of which are contained in the Village Board Meeting
Agenda Item Overviews that she and Mr.Pfeil prepared.
President Hartstein confirmed to Mr.Feldgreber that he is still under oath.
There are still three conditions requested by staff where the two parties do not agree.
Chief Balinski introduced Larry Lindemann,who is employed by the Illinois State Police and is also the Director of
Lake County Narcotics Unit(Lake County MEG). Mr.Lindemann related his experiences with teen/youth clubs.
Mr.Lindemann reviewed how officers are trained to look for certain behaviors and groups or individuals,as well as
who narcotics dealers prey on and what they look for and why. Mr.Lindemann then answered several questions
from the Board.
After discussion,President Hartstein thanked Mr.Lindemann for his time to share his experiences with the Board
and the community.
With regard to the issue of surveillance,Mr.Feldgreber stated that the system is ready to go right now. Mr.
Feldgreber stated that he is in agreement that the Buffalo Grove Police Department would be able to have full access
to their system,since anything that is confidential would be done after hours when the building is closed and locked
down.
Chief Balinski and Officer Montgomery reported on the research that the Department has done in working with Mr.
Feldgreber.
After discussion,Mr.Raysa clarified that the Police Department is recommending the purchase of a Rapid Eye
DVR. Mr.Feldgreber stated that,if a professional from Honeywell Rapid Eye stated that a direct line feed through a
direct public IP address cannot be recorded locally on the existing equipment,he will pay the$2,100 necessary to
convert the system.
Mrs.Neukirch stated that the$2,100 is the cost amount for the Rapid Eye DVR and everything needed for set up.
Labor is not included,but that cost of approximately$1,000 to set the system up would be incurred by the Police
Department.
Mr.Feldgreber relayed his thoughts with regard to the issue of security.
Chief Balinski reviewed the criteria for determining what would be a credible threat.
Mr.Feldgreber stated that he will agree to five(5)and remove the word minimum.
Mr.Raysa reviewed his reasons for the wording when he drafted the language,noting that a minimum of five
security personnel be dedicated to the arena where the dance party is being held.
Before taking a polling on Section 4.m.,there was discussion with regard to Section 4.s.,since that has an impact
on Section 4.m.
Mr.Raysa stated that he believes he can draft appropriate language to meet the issues of concern to the Board,and
he is comfortable that this would be fully enforceable. Lengthy discussion ensued with regard to the proposed
language.
Board members then noted their individual thoughts on the entire issue.
President Hartstein polled the Board with regard to the preferred alternative in Section 4.m.:
Alternative 1: 3—Braiman,Glover,Sussman
Alternative 3: 4—Berman,Trilling,Stone,President Hartstein*
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*President Hartstein noted that the only reason that he supports Alternative 3 is provided that Section 4 s.contains
language comparable to Vernon Hills,as well as Section 8.with absolute termination authority if there is any sort of
a problem,and with a term of six(6)months.
President Hartstein polled the Board with regard to the preferred alternative in Section 4.k.:
Alternative 2: 7—Braiman,Glover,Berman,Trilling, Stone,Sussman,President Hartstein*
*With the same reasoning as noted above.
President Hartstein polled the Board with regard to the preferred alternative in Section 4.s.,where the language is
comparable to Vernon Hills,which basically gives the Village absolute right in the event of any problems inside or
out in violation of any laws:
Alternative 4: 7—Braiman,Glover,Berman,Trilling,Stone,Sussman,President Hartstein
President Hartstein polled the Board with regard to Section 8.leaving the wording as is,but changing the time
period to six(6)months:
7—Braiman,Glover,Berman,Trilling,Stone,Sussman,President Hartstein
President Hartstein stated that the issue will be continued for two weeks until the next meeting in order to be sure the
language changes discussed tonight may be incorporated and there is ample opportunity to review the revised
document.
Mr.Feldgreber confirmed that,based on what he has heard tonight,this ordinance will pass in two weeks.
Moved by Berman,seconded by Trilling,to continue this Public Hearing until February 1,2010. Upon voice vote,
the motion was unanimously declared carried.
At 12:28 A.M.,President Hartstein continued the Public Hearing until February 1,2010.
QUESTIONS FROM THE AUDIENCE
Bill Ausbrook,BelAire Drive,stated that he would be very opposed to any taxpayer money being spent regarding
the Land&Lakes compost site. It is his experience that all the agencies involved in their regulation are sufficient,
and he does not believe it is necessary to invest money into further investigation other than to make those agencies
aware of the question. Mr.Ausbrook has dealt with Land&Lakes in the past,and he is confident in the integrity of
the company and that they will do everything that is required of them.
Mr.Ausbrook stated that he is very familiar with the area of Bernard Drive and White Pine,and he believes that
the regulations that are in place are sufficient other than perhaps lane markings,and he has never felt that his safety
is in jeopardy at that intersection.
Michael Terson,5 Beechwood Court,stated that he lives and works in the area of Bernard and White Pine,and he
does not see a need for a STOP sign at that intersection.
MULTIPLE ATHLETIX LLC
Mr. Brimm reviewed the proposed request by the petitioner,details of which are contained in the Village Board
Meeting Agenda Item Overview prepared by Mr.Pfeil.
Moved by Glover,seconded by Berman,to allow staff to work with the Multiple Athletix LLC proposal to operate
at 355 Hastings—Recreational Special Use in the Industrial District,and that the Public Hearing be held before the
` Village Board in February,rather than send it to the Plan Commission.
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Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
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 Glover,to approve the Consent Agenda.
ORDINANCE#2010-03—SURPLUS VILLAGE PROPERTY
Motion to pass Ordinance#2010-03,authorizing the disposal of surplus Village personal property.
ORDINANCE#2010-04—PEERLESS BRIDGE
Motion to pass Ordinance#2010-04,granting certain variations to the Sign Code for Peerless Bridge,LLC, 1700
Leider Lane.
RESOLUTION#2010-03-PRIVATE ACTIVITY BOND
Motion to pass Resolution#2010-03,ceding the 2009 unused Private Activity Bond Volume Cap of the Village of
Buffalo Grove(including Volume Cap transferred from other Lake County Home Rule Units)to the County of
Lake.
APTAKISIC CREEK CORPORATE PARK
Motion to approve Certificate of Initial Acceptance and approval for Aptakisic Creek Corporate Park.
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.
FAMILY ENTERTAINMENT CENTER/TOWN CENTER
Moved by Braiman,seconded by Berman,to continue the proposed ordinances for amendments to the Village
Zoning Ordinance concerning uses allowed in a Family Entertainment Center,as well as the Twentieth Amendment
to the Town Center Planned Unit Development Ordinance,approving an amendment to the Planned Unit
Development and approving an Amendment to the Special Use for a Family Entertainment Center in the
Commercial/Recreational Sub-District of the B-5 Town Center District,until the February 1,2010 Board Meeting.
Upon voice vote,the motion was unanimously declared carried.
ORDINANCE#2010-05—VILLAGE MANAGER
Moved by Sussman,seconded by Trilling,to pass Ordinance#2010-05,establishing the annual salary for the Village
Manager.
Trustee Berman acknowledged that this is the second year in which Mr.Brimm has voluntarily imposed a salary
freeze upon himself.
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Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
POLICE VEHICLES
Moved by Braiman,seconded by Berman,to authorize bid waiver and purchase of replacement Police Pursuit
Vehicles through the Illinois Department of Central Management Services,in accordance with the memorandum
from Mr.Whalen to Mr.Brimm,in an amount not to exceed$86,764.
Mr.Brimm reviewed the proposal,noting that the dollar amount is actually less than what was reserved for these
vehicles.
Trustee Braiman pointed out that the reason for the bid waiver is that this source is the best price that may be
obtained for these vehicles.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ADJOURNMENT
Moved by Berman,seconded by Sussman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 12:42 A.M.
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Janet Sirabian,Village Clerk
APPROVED BY ME THIS 1st DAY OF February ,2010
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Village President
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