2010-02-01 - Village Board Regular Meeting - Minutes 12323
02/01/2010
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,FEBRUARY 1,2010
CALL TO ORDER
President Hartstein called the meeting to order at 7:35 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 Giddens,IT Director;Robert Pfeil,Village Planner;
Brian Sheehan,Deputy Building Commissioner-Operations;Police Chief Balinski;Carmen Molinaro,Director of
Golf Operations;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Berman,seconded by Glover,to approve the minutes of the January 18,2010 Regular Meeting.Upon roll
call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Sussman
NAYS: 1 —Stone
Motion declared carried.
WARRANT#1138
Mr.Tenerelli read Warrant#1138. Moved by Braiman,seconded by Glover,to approve Warrant#1138 in the
amount of$3,250,903.47,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.
VILLAGE PRESIDENT'S REPORT
President Hartstein reported that the State's Attorney has ruled on the alleged violations of the Open Meetings Act,
concluding that there was no violation and there is nothing further being pursued. President Hartstein noted that the
Village will constantly review our ongoing efforts to ensure that we maintain proper records available for public
review. The Village Manager has been directed to instruct all department heads that no e-mails are to be deleted
from the system.
President Hartstein noted that the report from the Lake County Health Department indicates that their inspections
with regard to the Land&Lakes property conclude that there are no violations and that everything is safe from an
environmental standpoint.
TRUSTEE REPORTS
Trustee Stone commented that the State's Attorney cautioned the Village with regard to e-mail disclosure.
Trustee Stone noted that she is still investigating the Land&Lakes situation and she believes there are other issues
that need to be figured out. Mr.Brimm responded to Trustee Stone's comments. It was suggested that there be a
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written report reviewing the annexation process and how it ties in with the current activities to the Annexation
Agreement,as well as copies of any regulatory filings that have been filed with the EPA with regard to this site.
Trustee Sussman reported on the upcoming Health&Wellness Fair to be held on February 27,2010 at the Grove
Banquets.
Trustee Braiman clarified some statements with regard to the State's Attorney decision.
Trustee Berman noted that the kick-off meeting for the American Cancer Society Relay for Life will be held on
February 17,2010 and urged those interested in becoming involved to attend.
VILLAGE MANAGER'S REPORT
Mr.Brimm noted that the on-line training for the Open Meetings Act through the Illinois Attorney General's office
is now available,and designees will complete that training prior to June 30,2010.
Mr.Brimm reported on Mr.Raysa's January 29,2010 opinion letter with regard to the Illinois Fair Campaign
Practices Act.
Mr.Brimm reviewed the proposed request by the petitioner,Arthur Howard, 1288 Larchmont Drive,details of
which are contained in the Village Board Meeting Agenda Item Overview that he prepared.
Arthur Howard, 1288 Larchmont Drive,made a presentation to discuss matters related to his recent driveway
extension and explained his reasons for requesting a variation.
Moved by Trilling,seconded by Berman,to refer this matter to the Plan Commission for review.
Trustee Braiman stated that he will be recusing himself because of a long-standing relationship with the petitioner.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Glover,Berman,Trilling, Stone,Sussman
NAYS: 0—None
RECUSE: 1 —Braiman
Motion declared carried.
CONTINENTAL RESTAURANT/HAITI RELIEF
Pete Panayioutou,owner of Continental Restaurant,coordinated a fundraising initiative to provide support
following the devastation that recently occurred in Haiti. This fundraising effort generated a total of$4,606.12 for
the cause. Mr.Panayioutou contributed further funds to bring the total to$5,000.00. Mr.Panayioutou then
presented the check to Leon Gopon,representing the Northwest Suburban United Way,to be distributed to aid the
relief efforts in Haiti.
QUESTIONS FROM THE AUDIENCE
Barnet Fagel,224 Stanton Court West,related several issues that he has with the Comcast Cable service. President
Hartstein noted that staff is aware of the issue and is seeking solutions.
PUBLIC HEARING—eSkape
At 8:24 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,January 4,2010 and January 18,2010).
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Mr. Brimm stated that a revised draft has been distributed to the Board tonight and is dated 1/30/2010;details of the
revisions are details in Mr.Brimm's memo to the Board of February 1,2010.
Mrs.Neukirch provided a brief overview of the project,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr.Pfeil.
President Hartstein confirmed to Mr.Feldgreber that he is still under oath.
Mr.Feldgreber reviewed several items with which he still has issues.
• Section 4.e.speaks to closing time,and he would like to have language inserted allowing a 4:00 A.M.
closing time on New Year's Eve(December 315). Language will be added to that effect.
• Section 4.g.does not include Columbus Day as a holiday,and he would like to have that added to the list
of holidays. Language will be added to that effect.
• Section 4.k. speaks to the surveillance connection to the Buffalo Grove Police Department,and Mr.
Feldgreber is asking that a Honeywell professional clarify that,if he sends a clean IP into the existing
system without having to modify anything that they do today,he is fine; if not,Mr.Feldgreber will agree to
spending up to$2,100 to install a Rapid Eye Multimedia LTV7 unit.
• With regard to the definition of a credible threat,he is looking for an objective standard,and not a
subjective standard. At the last meeting,Mr.Raysa stated that Chief Balinski gave his interpretation of
how a clear threat assessment was achieved,so Mr.Raysa did not change the language. Chief Balinski
stated that there are internal evaluations that are in place to determine the validity of a threat.
• Mr.Feldgreber is in agreement with 8.,but he needs to clarify that the 180 day period refers to 180 days
after opening,rather than when the document is signed. After discussion,it was agreed that the date would
be September 1,2010.
Martin Sussman,resident,stated that this facility will definitely bring in drugs and gangs,and he does not
understand why the Board will approve this proposal without proper police protection.
Jeff Burg,resident,stated that he is appalled as to why the Village would risk the safety and security of the residents
of Buffalo Grove for one business when the Police Chief has testified as to the danger this proposal may bring to the
Village.
Adam Moodhe,Mary Lu Lane,suggested that Labor Day weekend needs to be removed from the list of holidays
because of Buffalo Grove Days,as it would put the Police Department at a disadvantage because of the manpower
required for that event.
At 8:47 P.M.,President Hartstein continued the Public Hearing until later on in the meetings.
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 Braiman,seconded by Berman,to approve the Consent Agenda.
ORDINANCE#2010-06—MUNICIPAL GAS USE TAX
Motion to pass Ordinance#2010-06,amending Ordinance#2009-89 concerning Municipal Gas Use Tax.
RESOLUTION#2010-04-SMC CERTIFICATION
Motion to pass Resolution#2010-04,approving a petition for SMC Certification.
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VILLAGE OF CHESTNUT RIDGE
Motion to approve Development Improvement Agreement—Villas of Chestnut Ridge.
FIREFIGHTER'S PENSION FUND
Motion to approve Annual Report of Condition—Firefighter's Pension Fund.
POLICE PENSION FUND
Motion to approve Annual Report of Condition—Police Pension Fund.
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.
ZONING ORDINANCE
Moved by Berman,seconded by Trilling to pass Ordinance#2010-07,amending the Comprehensive Zoning
Ordinance,Title 17,of the Municipal Code of the Village of Buffalo Grove,in accordance with the memorandum in
Board packets and the draft ordinance dated January 13,2010.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
During further discussion,Trustee Stone indicated that she is in favor of the dance club,however,she does now
believe that it needs to have uniformed police presence on the site.
Since Trustee Stone's decision will potentially affect the outcome of the vote,Mr.Feldgreber was asked if he is
prepared to go along with the proposal if uniformed Buffalo Grove Police officers are required.
Mr.Feldgreber stated that he has been in the community for almost 8 years and they have hundreds of people in the
facility every weekend.
After further questioning,Mr.Feldgreber stated that there has been a great deal of time spent on this,and he would
not withdraw his petition,but he thinks that everyone has to trust what they are going to do in the future and go
forward and make this work.
Trustee Stone reiterated that she just does not feel right about going forward without uniformed Buffalo Grove
Police officers present.
After further discussion,and a request from Mr.Feldgreber,it was moved by Berman and seconded by Trilling,to
defer Items XII.A. and B.until February 22,2010 at 7:30 P.M.,to allow Mr.Feldgreber to confer with staff and
Chief Balinski to make some revisions to some of the paragraphs based on the comments heard that hopefully will
be acceptable at that meeting. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman
NAYS: 0—None
Motion declared carried.
At 9:40 P.M.,President Hartstein continued the Public Hearing until February 22,2010 at 7:30 P.M.
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T-MOBILE
Mr.Brimm reviewed the proposed request by T-Mobile,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr.Pfeil.
Moved by Glover,seconded by Trilling,to refer the proposed telecommunications tower by T-Mobile at the Buffalo
Grove Golf Course,48 Raupp Boulevard,Special Use in the R-4 District,to the Plan Commission for review.
Discussion ensued with regard to the height of the tower,and the Plan Commission was directed to ensure that the
actual height needed is what is recommended.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
INDUSTRIAL DRIVE ANNEXATIONS
Mrs.Neukirch presented a status report on the proposed Industrial Drive annexations,details of which are contained
in the Village Board Meeting Agenda Item Overview that she prepared.
Discussion ensued and further information was requested,which staff will provide.
BUILDING&ZONING VEHICLES
Moved by Braiman,seconded by Berman,to authorize bid waiver and purchase of replacement vehicles for
Building&Zoning inspectional services through the Suburban Purchasing Cooperative/Northwest Municipal
Conference in accordance with the memorandum in Board packets and in an amount not to exceed$48,519.00.
Mr.Brimm explained the reason for the need to purchase these vehicles at this time,as well as the reason for the bid
waiver. There is no budgetary impact for this purchase as there are sufficient funds in the reserve fund for these
vehicles. Mr.Brimm also explained that the best price available is through the Suburban Purchasing Cooperative.
Staff answered further questions from Trustees.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman
NAYS: 0—None
Motion declared carried.
FIRE SERVICE VEHICLE
Moved by Braiman,seconded by Berman,to authorize bid waiver and purchase of a replacement vehicle for the Fire
Service though the Suburban Purchasing Cooperative/Northwest Municipal Conference in accordance with the
memo before the Board and in an amount not to exceed$26,900.00.
Mr.Brimm reviewed the proposed purchase,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Whalen.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman
NAYS: 0—None
Motion declared carried.
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ADJOURNMENT
Moved by Berman,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 10:09 P.M. -11A
.
Janet Sirabian,Village Clerk
APPROVED BY ME THIS 22nd DAY OF February ,2010
Village President
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