2010-03-08 - Village Board Regular Meeting - Minutes 12338
03/08/2010
MINUTES OF THE RESCHEDULED 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,MARCH 8,2010
CALL TO ORDER
President Hartstein called the meeting to order at 7:30 P.M. Cub Scout Pack 36 posted the Colors and led the
audience in the Pledge of Allegiance.
Li
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;Art Malinowski,Director of Human Resources;Gregory
Boysen,Director of Public Works;Rick Kuhl,Deputy Director of Public Works;Robert Pfeil,Village Planner;
Brian Sheehan,Deputy Building Commissioner-Operations;Police Chief Balinski;Deputy Police Chief Wagner;
Fire Chief Vavra;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Berman,to approve the minutes of the Rescheduled Regular Meeting of February
22,2010. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling, Sussman
NAYS: 1—Stone
Motion declared carried.
WARRANT#1140
Mr.Tenerelli read Warrant#1140. Moved by Glover,seconded by Braiman,to approve Warrant#1140 in the
amount of$1,608,404.81,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.
POLICE OFFICER OF THE YEAR
Chief Balinski reviewed the criteria for the Special Commendation Award. The Chief introduced Officer Bob
Pakaski and his family,and summarized Officer Pakaski's career with the Buffalo Grove Police Department.
President Hartstein and Chief Balinski then presented the Special Commendation Award for 2009 to Officer Bob
Pakaski,who was congratulated by the audience and the Board.
Chief Balinski introduced the President of the Buffalo Grove Rotary Club,John DuRocher,and Sgt.Roy Bethge and
his family. Mr.DuRocher reviewed Sgt.Bethge's achievements with the Buffalo Grove Police Department,and
presented Sgt.Bethge with the 2009 Police Officer of the Year Award,as he was congratulated by the audience and
the Board
Chief Balinski thanked the Board for allowing the Department to take this time to honor and recognize the
outstanding performances of the Buffalo Grove Police Officers.
President Hartstein echoed Chief Balinski's praise of our Department.
12339
03/08/2010
PRESIDENT'S REPORT
President Hartstein thanked those responsible for the successful Job Fair this past week.
President Hartstein also thanked all those responsible for the recent successful Health Fair available to residents.
President Hartstein noted the Commissioner's Reception held this past weekend,and took this opportunity to
publicly thank each and every volunteer committee and commission member for all they do to make Buffalo Grove
such a great community.
President Hartstein then delivered a tribute to someone who has helped to make Buffalo Grove an amazing place to
live and noted that the Village is in such good financial shape because of Village Manager,Bill Brimm. Mr.
Brimm recently announced his retirement,and President Hartstein noted that Mr.Brimm has continually put the
Village above self,his dedication and commitment to the Village are unequaled,and he will be missed. President
Hartstein again thanked Mr.Brimm for all he has done for Buffalo Grove and extended best wishes in his future
endeavors. A standing ovation followed to honor Mr.Brimm.
President Hartstein noted that his next announcement is attributable to the stewardship of Mr.Brimm,and our
Finance Director,Mr.Anderson,as well as Trustee Braiman for his participation. Buffalo Grove is very pleased and
excited that,in these difficult times,the Village of Buffalo Grove has been notified that we have received a AAA
Bond Rating by Standard&Poor's. Trustee Braiman commented that our strengths are our financial policies. Two
of the factors in determining that the AAA rating was awarded to Buffalo Grove were the good fmancial
management,and the low overall debt burden. This rating is awarded to only one-half of one percent of all the
governing bodies in the State of Illinois,and is largely attributable to Bill Brimm.
ORDINANCES#2010-09ߚ-10
President Hartstein read a statement explaining the reasons that he has chosen to veto Ordinance#2010-09,
amending the Comprehensive Zoning Ordinance,Title 17,of the Municipal Code of the Village of Buffalo Grove,
and Ordinance#2010-10,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.
President Hartstein pointed out that there cannot be any action taken on the veto at this meeting,and it may be
placed on the agenda at the next Village Board Meeting,at which time the Board must act either to sustain or not the
veto presented tonight.
Board discussion followed.
Moved by Berman,seconded by Trilling,to place both matters on the agenda for next meeting in accordance with
the statutory provisions in Section 3.1-40-50 to allow for reconsideration by the Board for the purpose of overriding
or not overriding the vetoes. Upon voice vote,the motion was declared carried.
VILLAGE BOARD MEETING RULES
President Hartstein reviewed the Proposed Meeting Rules being proposed to make our meetings run more smoothly.
President Hartstein stated that he would welcome Board input,as well as further input from our Village Attorney.
The revised document will then be put on the agenda for the April 5,2010 Board Meeting.
TRUSTEE REPORTS
Trustee Stone raised a Parliamentary Inquiry as to what an elected official should do when one brings forward an
issue and does not appear to get a response. President Hartstein responded to Trustee Stone's Parliamentary Inquiry.
Trustee Stone responded that she will bring up donations to the Disabilities Commission and Buffalo Grove Days
cash policies under New Business.
12340
03/08/2010
Trustee Sussman noted that the proposed Village Board Meeting Rules are not aimed at any individual Board
member,but they are rules to be followed by the entire Board of Trustees.
Trustee Sussman commented that she was on Disabilities Commission for 15 years,and stated that she would like
to have the issue brought up because Trustee Stone does not have all the facts,and she believes the issue needs
clarification.
Trustee Sussman noted that local Boy Scouts will be Scouting for Food this weekend as part of their annual project
to aid our food pantries. The Scouts will leave a bag on the front door this weekend,and hope to retrieve a bag
filled with non-perishable food the following weekend. Residents are urged to donate generously to support this
program.
VILLAGE MANAGER'S REPORT
Mr.Brimm reported that the Finance Committee meeting scheduled for March 15,2010 has been reo-scheduled
until April 12,2010.
Mr.Brimm noted that he and the staff are very proud of the AAA Bond Rating received by the Village,and he
thanked the Board and all staff members for their efforts in this regard. Mr.Brinun noted that when general
obligation bonds were first issued by the Village in 1981,they could not even get a rating,so this is quite an
accomplishment.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience on items not listed on the agenda.
Lee Lescher,49 Willow Parkway,thanked the Village Manager for his years of service,and also asked that the
Board consider enacting a term limit ordinance.
Frank Ladonne,Chestnut Court West,commented that a trustee cares about the residents and has responded to the
expressed concerns of several residents who are concerned that people are being affected by a compost site.
Randy Soho and Ellen Delay,residents,commented on the eSkape issue,noting that they held a large benefit there
this past weekend,and there were no problems and the staff did an excellent job. They believe that teenagers need a
place to go,and they feel extremely strongly that the dance club should move forward.
In answer to a question from Craig Horwitz, Stoneridge,Mr.Anderson noted that the Village is currently averaging
an income of approximately$4,500 per month from the OTB facility.
Karen Gittler,noted that she was at eSkape this past weekend and it was a great event and she would love to have a
place that is safe for teens to go,and she believes that the Board is overreacting.
Rick Rubenstein asked if the Land& Lakes landfill is on the agenda tonight,and noted that he would like a
response to his request several meetings ago. President Hartstein noted that the IEPA and the Health Department
conducted an inspection and it was reported at the meeting following Mr.Rubinstein's inquiry,that there were no
violations. President Hartstein stated that he talked with Mr.Cowhey,who wants to resolve the issues. President
Hartstein spent time on phone with Marty Hanley,Margaret Cowhey,and Jim Cowhey. President Hartstein wants
to set up a meeting to see how the existing issues can be addressed. Since certain actions have been initiated with
various agencies,the principals of Land&Lakes have been advised by their attorney not to discuss the issue further
until the investigations that have been initiated against them have been completed.
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
.r, synopsis of each of the items on the Consent Agenda.
12341
03/08/2010
Moved by Braiman,seconded by Glover,to approve the Consent Agenda.
ORDINANCE#2010-11—FOREIGN FIRE INSURANCE TAX
{
Motion to pass Ordinance#2010-11,amending CONCERNING Foreign Fire InsuranceTax.
ORDINANCE#2010-12-CVS PHARMACY
Motion to pass Ordinance#2010-12,amending Chapter 5.20 Liquor Control,Class C,CVS Pharmacy LLC.
SIDEWALK REMOVAL
Motion to authorize bid for 2010 Sidewalk Removal Replacement Program.
BIKE PATH&PARKING LOT IMPROVEMENTS
Motion to authorize bid for 2010 Bike Path&Parking Lot Improvement Program.
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.
ORDINANCE#2010-13—LABCORP
Moved by Berman,seconded by Braiman,to pass Ordinance#2010-13,amending the Town Center P.U.D.to allow
a Medical Use at 206 McHenry Road for LabCorp,in accordance with the draft ordinance contained in Board
packets dated March 3,2010.
Mr. Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil. Staff recommends approval of the ordinance subject to the conditions noted
in Section 2.of the ordinance.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2010-14—KIDS and CO.
Moved by Braiman,seconded by Berman,to pass Ordinance#2010-14,amending a Special Use in the Industrial
District,Village of Buffalo Grove,Cook and Lake Counties,Illinois,Kids and Co.Indoor Play Center, 1425 Busch
Parkway,Corporate Grove Business Park,in accordance with the ordinance draft dated March 2,2010.
Mr. Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mrs.Neukirch.
Mr.Hoffman has requested that Ordinance#2009-91 be amended to allow for conditional occupancy up through
June 7,2010 to allow the facility to open with the condition that there would be regular inspections and that parents
would need to be there with children at all times. Mr. Hoffman confirmed that he understood that, if DCFS does not
come through with approval,the Special Use will not be continued. Mr.Raysa confirmed that there is no risk to the
Village by allowing this without the letter from DCFS.
o
12342
03/08/2010
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2010-15—1220 LOCKWOOD DRIVE
Moved by Trilling,seconded by Berman,to pass Ordinance#2010-15,granting a variation from Zoning Ordinance,
Section 17.36.030 of the Buffalo Grove Municipal Code for 1220 Lockwood Drive.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Sheehan.
Cal Bernstein,attorney for the Samuels,clarified that the brick pavers in question are to the north line of the
property. Trustee Trilling confirmed that is correct.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2010-16—CHILD DAY CARE HOMES
Moved by Berman,seconded by Glover,to pass Ordinance#2010-16,an amendment of the Zoning Ordinance,Title
17 of the Municipal Code,concerning Child Day Care Homes, in accordance with the draft ordinance contained in
Board packets dated March 4,2010.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
There was discussion with regard to the distance between day care homes and whether or not there should only be a
certain number of day care homes allowed on one block. It was suggested that the Plan Commission create a certain
standard and incorporate that into the proposed ordinance.
Trustee Berman presented a subsidiary motion to be heard after the main motion which would refer the question of
distance between day care homes back to the Plan Commission for further review and a recommendation to the
Board;Trustee Braiman seconded the motion.
Upon roll call,Trustees voted as follows on the main motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
Upon roll call,Trustees voted as follows on the subsidiary motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman
NAYS: 0—None
Motion declared carried.
12343
03/08/2010
ORDINANCE#2010-17—621 HARRIS DRIVE
Moved by Berman,seconded by Glover,to pass Ordinance#2010-17,re-authorizing a Child Day Care Home at 621
Harris Drive,for a two-year period in accordance with the draft ordinance contained in Board packets dated March
3,2010.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2010-18—47 CHESTNUT TERRACE
Moved by Glover,seconded by Berman,to pass Ordinance#2010-18,approving a Special Use for a Child Day Care
Home at 47 Chestnut Terrace in the R-4 District.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
After discussion,it was moved by Glover and seconded by Braiman to defer action on this item until the Plan
Commission has had a chance to further review the distance that there should be between day care homes.
Upon roll call,Trustees voted as follows on the motion to defer:
AYES: 2—Braiman,Glover
NAYS: 4—Berman,Trilling, Stone, Sussman
Motion defeated.
Upon roll call,Trustees voted as follows on the motion to pass Ordinance#2010-18:
AYES: 4—Berman,Trilling, Stone,Sussman
NAYS: 2—Braiman,Glover
Motion declared carried.
President Hartstein declared a recess from 9:25 P.M.to 9:39 P.M.
ORDINANCE#2010-19—RECALL
President Hartstein reviewed the procedure to be followed with regard to discussion on the proposed ordinance.
Moved by Berman,seconded by Trilling,to pass Ordinance#2010-19,adding Chapter 2.70,Recall of Elected
I Officials,to the Village of Buffalo Grove Municipal Code,in accordance with the draft ordinance in Board packets
dated March 2,2010.
Mr.Raysa reviewed the modifications that he has made to the proposed ordinance pursuant to Board direction.
President Hartstein asked each Trustee to note the issues upon which they wish to focus on the proposed ordinance:
Trustee Braiman:Likes the idea of a schedule/timeline;the issue of not allowing recall within the first or
last six months of a term of office;the issue of a start/end date
Trustee Glover: Echoes Trustee Braiman's comments
12344
03/08/2010
Trustee Berman: Concurs with Mr.Raysa's recommendation
Trustee Trilling: Issue of determining the"term of office"for each individual
Trustee Stone: Believes that there needs to be a violation so that an elected official has to really do
something wrong before there can be recall;believes that the question should be posed at
a general election
Trustee Sussman:Issue of legal defense fees
Lee Lescher,49 Willow Parkway,stated that he believes that the November election is a good one for such a
question because of the higher turnout;he believes that two or three names should be allowed on each petition.
Craig Horwitz,Stoneridge,supported the concept of the ordinance for the future,but he does not see any immediate
need to utilize this as he is satisfied with everyone currently in office;he is curious as to how the proposed ordinance
would integrate with the proposed ethics commission;he is concerned about the Board putting the proposed
ordinance into effect without a referendum;he does not believe that specific charges are required,but he believes
that the petitions should have reasons for recall on them;he thinks that the residents need to be aware of both sides
of the issue.
Rob Sherman,778 Stoneridge,believes that recall is a bad idea and is not needed.
Mike Terson,5 E.Beechwood Court,stated that Trustees are elected in an April election,therefore April voter
turnout is an accurate sample of people that pay attention,so if the municipal election is good enough to elect
Trustees,then it should be good enough to recall elected officials.
Andrew Stein, 17 Chevy Chase Drive,believes that recall is a good idea;he agrees with Trustee Braiman as far as
not wasting time with recalls in the last six months of term.
President Hartstein returned to the issues noted by the Trustees.
1. Should recall be allowed within the first or last six months of the term of an elected official?
The intent is that no recall referendum should occur within the first or last six months of the term of
office. Discussion on the proposal followed.
President Hartstein polled the Board:
YES indicates favor of inserting that no one shall be subjected to recall if the date of the recall election is
within six months of the next election at which their term expires;
NO indicates favor of leaving the wording as is:
YES: 3—Braiman,Glover,Berman
NO: 2—Stone, Sussman
ABSTAIN: 1—Trilling
The wording in the ordinance shall be changed to insert language stating that no elected official shall be subject
to recall if the date of the recall election is within six months of the next election at which their term expires.
2. After discussion,language referencing start and end dates will be eliminated completely.
3. Discussion followed on whether or not there should be criteria of some sort,what it should be,and how it
should be included in the ordinance.
President Hartstein polled the Board:
YES indicates favor of some sort of criteria for recall and also that the Ethics Commission be a part of the recall
process;
NO indicates opposition:
12345
03/08/2010
Braiman: No criteria necessary/no Ethics Commission involvement
Glover: No
Berman: No
Trilling: No
Stone: Entirely yes
Sussman: No
The Ethics Commission will not be involved in the recall process,and there need be no criteria set to allow
recall.
4. There was discussion as to whether or not recall should only be allowed in a general election.
President Hartstein polled the Board: YES indicates favor of allowing that a recall question only be allowed on
the ballot in a general election;NO indicates opposition:
YES: Stone
NO: Braiman,Glover,Berman,Trilling,Sussman
Mr.Raysa again stated that public funds may not be used with regard to the recall. Public funds many only be
used to provide facts. Mr.Raysa also stated that he believes that the Constitution of the State of Illinois does
allow for a recall ordinance to be enacted.
With regard to multiple candidates on one petition,it was determined unanimously that there must be an
individual petition for each person to be recalled.
President Hartstein summarized that the only two changes to be made to the proposed ordinance are that there
cannot be a recall within six months of the end of an elected official's term(i.e.the next municipal election at
which the official would be on the ballot),and all references to the end of the term will be removed.
Upon roll call,Trustees voted as follows on the motion:
YES: 6-Braiman,Glover,Berman,Trilling,Stone, Sussman,Hartstein
NO: 0-None
Motion declared carried.
President Hartstein believes the process tonight was very beneficial,and he thanked the entire Board for their
input.
ENERGY PURCHASE RECOMMENDATION
Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Boysen.
Mr.Raysa reviewed the revised draft that he and Mr.Boysen prepared this morning and was placed on the dais
this evening. The seasonal fixed price dollars per kilowatt hour is 0.0436 cents.
Moved by Stone,seconded by Braiman,to authorize execution of an agreement for Energy Purchase
Recommendation.
Mr.Raysa reviewed the changes that he made with regard to termination provisions.
Moved by Berman,seconded by Braiman,to defer action on this item for two weeks until the next Village
Board Meeting. Upon voice vote,the motion was unanimously declared carried.
II
12346
03/08/2010
PUBLIC WORKS VEHICLE
Moved by Braiman,seconded by Glover,to authorize bid waiver and purchase of a replacement vehicle for
Public Works Operations through the Suburban Purchasing Cooperative/Northwest Municipal Conference,in an
amount not to exceed$55,103.00.
Mr. Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Whalen.
Staff answered questions from the board with regard to equipping the vehicle for snow.
President Hartstein polled the Board: YES indicates favor of equipping the vehicle for snow service;
NO indicated opposition:
YES: 2—Braiman,Sussman
NO: 4—Glover,Berman,Trilling, Stone
Upon roll call,Trustees voted as follows on the original motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman
NAYS: 0—None
Motion declared carried.
BULK ROCK SALT
Moved by Braiman,seconded by Glover,to authorize bid waiver and purchase of Joint Purchase through the
Illinois Department of Central Management Services for Bulk Rock Salt FY2010-2011,in accordance with the
memo before the Board dated March 2,2010 in an amount not to exceed$400,000.00.
Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Kuhl.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
VILLAGE MANAGER RECRUITMENT
President Hartstein reviewed and explained the proposal,details of which are contained in the Village Board
Meeting Agenda Item Overview.
It was determined that language should be added that the search firm may not recruit from the Village of
Buffalo Grove for at least one year.
Moved by Berman,seconded by Braiman,to authorize entrance into a Professional Service Agreement,
including a waiver of bid,to assist the Village of Buffalo Grove in the recruitment of a Village Manager,with
the addition of the language noted above.
Trustees Berman and Braiman added the authorization for the Village President to negotiate and execute a
contract.
12347
03/08/2010
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
RESOLUTION#2010-09—TRUSTEE STONE
President Hartstein reviewed and then read the proposed resolution.
Moved by Berman,seconded by Trilling,to pass Resolution#2010-09,relating to lack of authority of Trustee
Lisa Stone to speak on behalf of the Village Corporate Authorities relating to Land&Lakes and any issues
thereto.
Trustee Stone responded to the contents of the proposed resolution.
Lengthy discussion followed.
Jeff Rotman, 15 Thompson Court,commented on trustee behavior.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Sussman
NAYS: 0—None
ABSTAIN: 1 —Stone
Motion declared carried.
ADJOURNMENT
Moved by Berman,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was
unanimously declared carried. The meeting was adjourned at 1:20 A.M.
Janet rabian,Village Clerk
APPROVED BY ME THIS 22nd DAY OF March ,2010
Village President
..i