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2007-11-05 - Village Board Regular Meeting - Minutes 11934 11/05/2007 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 5,2007 CALL TO ORDER President Hartstein called the meeting to order at 7:34 P.M. Scout Troop 79 from Ivy Hall School led in the Pledge of Allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Berman,Trilling and Rubin. Trustees Glover and Kahn were absent. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch, Deputy Village Manager; Scott Anderson,Director of Finance;Gregory Boysen,Director of Public Works;Ed Schar,Director of Building&Zoning;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Berman, seconded by Braiman,to approve the minutes of the October 15,2007 Regular Meeting. Upon roll,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. Moved by Braiman,seconded by Berman,to approve the minutes of the October 22,2007 Committee of the Whole Meeting(Civics Forum). Upon roll,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. WARRANT#1084 Mr.Tenerelli read Warrant#1084. Moved by Braiman,seconded by Trilling,to approve Warrant#1084 in the amount of$3,829,040.17,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein recommended that Mitch Weinstein and Michelle Meyer be appointed to the Plan Commission. Moved by Braiman,seconded by Berman,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. President Hartstein thanked both Mr.Weinstein and Ms.Meyer for their willingness to serve the Village in this manner. 11935 11/05/2007 President Hartstein noted that he is pleased to report on a special recognition received by Village Manager, William Brimm,that being the Northern Illinois University Leadership Innovation Award 2007. This award is granted to those who exhibit professional commitment in order to expand and enhance leadership skills across the Village of Buffalo Grove,further explanation of which is contained in the Village Board Meeting Agenda Item Overview prepared by Ms.Niemotka. President Hartstein then presented the award to Mr.Brimm who was congratulated by the audience and the Board. President Hartstein encouraged all residents to attend the Veterans Day ceremonies to be held on Saturday, November 10,2007 at both Buffalo Grove High School and Veterans Park and pay tribute to all veterans;the ceremonies are coordinated by the Buffalo Grove Park District. President Hartstein noted that there will be a Blood Drive held on December 1,2007 at the Alcott Community Center,and he urged all residents who are able to take the time to donate blood. President Hartstein urged all residents to attend the annual Interfaith Thanksgiving Service that will take place at 7:00 P.M.on Sunday,November 18,2007 at Temple Chai. VILLAGE TRUSTEE REPORTS Trustee Braiman stated that he had received questions regarding the Lake County assessed valuations. In response to those questions,he asked that Gary Raupp,Vernon Township Assessor,to further explain. Mr.Raupp presented an explanation regarding the assessment procedure and what residents may do to contest if they believe that their assessment is incorrect. Mr.Raupp further explained the assessments and answered questions from the Board. Mr.Raupp was thanked for being present tonight,and he again noted that any Lake County resident with questions on their tax bills should not hesitate to contact his office. The Village Clerk reported on the plans for the 50th Anniversary celebration,and urged any residents or businesses that wished to be recognized in the calendar and the booklet that the deadline for printing is within the next two weeks. TRUTH IN TAXATION ACT Mr.Anderson made a presentation with regard to the Truth in Taxation Act—Tax Levy Determination(Calendar 2007 Levy),details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. In accordance with the Act,a Public Hearing on the Tax Levy will be held on December 3,2007. In response to Trustee Braiman,Mr.Anderson confirmed that this does not mean that property taxes will increase by 12.9%. Trustee Braiman also pointed out that the Village portion of the property tax bill equates to approximately 8%of the total bill. Unfunded mandates from the legislature,primarily for pension funds,are the primary reason for this increase. Another reason for this increase will be to offset the loss of revenue from the vehicle sticker program. In response to a question from Trustee Berman,Mr.Anderson stated that, without the increased collection to replace the vehicle sticker program,the levy would have gone up approximately 6%, and without the increase in pension funding,the levy would have gone up just over 2%. Trustee Berman stated that 2%is less than the cost-of-living increase,which indicates that the Village is doing an excellent job of holding the line on expenses without any decrease in services,and again emphasized that many residents will either break even or benefit from the switch in revenue collection for vehicle stickers. 11936 11/05/2007 In answer to a question from President Hartstein,Mr.Brimm stated that the actual dollar amount for pensions this year alone is over$350,000. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not listed on the agenda;there were none. 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#2007-69—NORTHERN ILLINOIS GAS Motion to pass Ordinance#2007-69,authorizing Northern Illinois Gas Company(d/b/a Nicor Gas Company)it successors and assigns,to construct, operate and maintain a Gas Distributing System in and through the Village of Buffalo Grove,Illinois. 900 DEERFIELD PARKWAY Motion to approve Certificate of Initial Acceptance&Approval,900 Deerfield Parkway. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. WHITE LODGING SERVICES CORPORATION Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Scott Travis,Vice President of Development for White Lodging Services,extended gratitude for consideration of the opportunity for White Lodging to build in Buffalo Grove. With regard to the agreement,Trustee Trilling asked what would happen if the ownership is sold,i.e.would that terminate the agreement. Mr.Raysa stated that the commitment is that it has to be defined a Hyatt Place Suites,and to sell it would require consent of the Village,noting that this is found on page six of the Assignment Section. Trustee Trilling stated it is his opinion that this agreement should be severed if the property is sold,even though it would remain a Hyatt Place Suites,and he would like to see that in the agreement;he does not believe this agreement should move forward to another party. Trustee Berman stated that he appreciates the point that Trustee Trilling is making;he does not think this project should be given a subsidy;he does not believe that it is a benefit to the community;it appears that the petitioner has executed a lease with the landowner that is not in accordance with market economics. In the past,subsidies that have been awarded have been few and far between,and have been tied almost exclusively to specific infrastructure or extraordinary circumstances or revenue generators;none of those factors is present here. 11937 11/05/2007 Trustee Berman's opinions of this development have been well documented;he believes this proposal needs to stand on its own;and he believes this agreement puts competitors at a disadvantage. Mr.Travis stated that they are receiving concession from the lease,and responded to Trustee Berman's comments. Trustee Braiman stated that,although he agrees with Trustee Berman that the Village does not like to give incentives,sometimes in these economic times,it is a necessity;he noted that he is appreciative of the fact that the hotel is also offering incentives. Trustee Rubin noted that the hotel tax is currently 3%,and will be 6%after January 1,2008,therefore,the Village is currently receiving that 3%and will also receive 3%after January is`. Lengthy discussion took place with regard to Trustee Trilling's opinion that the proposed agreement should terminate if the property were to be sold. Trustee Berman stated that he is inclined to suggest that the developer agree to defer action on this issue until Trustees Glover and Kahn can be present. Mr.Travis stated that he will be willing to defer until there is a full Board,and also until he is able to bring some further information forward. President Hartstein stated that he will call a Special Meeting for Monday,November 12,2007. Moved by Berman,seconded by Braiman,to defer action on this matter until Monday,November 12,2007. Upon voice vote,the motion was unanimously declared carried. ORDINANCE#2007-70—ROBERT'S RULES Moved by Braiman,seconded by Trilling,amending Section 2.02.100,Meetings-Application of Robert's Rules, of the Village of Buffalo Grove Municipal Code. Mr.Raysa briefly reviewed the proposed ordinance,noting that this way,each of the elected officials can have a quick reference guide as to voting requirements. Details are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Brimm. In answer to a question from Trustee Berman,Mr.Raysa confirmed that the proposal brought forward is intended merely to codify what has,in effect,been the intended past practice,neither enhancing nor diminishing the role or authority of any office. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. ORDINANCE#2007-71 —FOREIGN FIRE INSURANCE TAX Moved by Rubin,seconded by Braiman,to pass Ordinance#2007-71,amending Chapter 3.32,Foreign Fire Insurance Tax,of the Village of Buffalo Grove Municipal Code. Mr.Brimm reviewed the proposed ordinance,as well at the proposed resolution immediately following,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Upon roll call,Trustees voted as follows: 11938 11/05/2007 AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. RESOLUTION#2007-31—FOREIGN FIRE INSURANCE TAX Moved by Rubin,seconded by Braiman,to pass Resolution#2007-31,authorizing the acceptance and execution of a Settlement and Release Agreement—Foreign Fire Insurance Tax. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. 3012 SANDALWOOD ROAD President Hartstein swore in Mr.Chart,husband of Shanti Chari,3012 Sandalwood Road,to give testimony. President Hartstein reviewed the procedure to be followed at this meeting,noting that each property is handled on a separate basis. ZBA Commissioner Stein reviewed the deliberations that took place at the Zoning Board of Appeals regarding this issue. ZBA Commissioner Windecker elaborated on the suggestions that were offered to Ms. Chari as alternatives at the ZBA meeting. Mr.Chari reviewed the reasons they are requesting this variation,noting that they just want what other neighbors have. Moved by Berman, seconded by Rubin,to approve the appeal of the Zoning Board of Appeals decision to deny the request made by Shanti Chart,3012 Sandalwood Road,for variation of Fence Code, Section 15.20.040,in accordance with the materials contained in the memorandum in Board packets.Upon roll call,Trustees votes as follows: AYES: 0—None NAYS: 4—Braiman,Berman,Trilling,Rubin ABSENT: 2—Glover,Kahn Motion defeated. VILLAGE HALL CARPETING Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Brett Robinson,after which he answered questions from the Board. Moved by Braiman, seconded by Berman,to accept the bid for the Village Hall carpet and baseboard replacement by Vortex Enterprises,Inc. in an amount not to exceed$94,804.00. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. __ I 11939 11/05/2007 ANNUAL FINANCIAL REPORT Moved by Braiman,seconded by Berman,to accept the FY 2006-2007 Comprehensive Annual Financial Report. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,Rubin NAYS: 0—None ABSENT: 2—Glover,Kahn Motion declared carried. 2008-2012 CAPITAL IMPROVEMENT PLAN Mr.Anderson reviewed the FY 2008-2012 Capital Improvement Plan, details of which are contained in the Village Board Meeting Agenda Item Overview,after which he answered questions from the Board. Trustee Braiman reiterated that acceptance of the CIP does not mean that the Board agrees on any of the specific items,and even inclusion in the budget does not mean that approval of a specific project is guaranteed. ADJOURNMENT Moved by Braiman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 9:55 P.M. X % Jan . Sirabian,Village Clerk APPROVED BY ME THIS 19th DAY OF November ,2007 Village President