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2008-01-21 - Village Board Regular Meeting - Minutes 11964 01/21/08 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 21,2008 CALL TO ORDER President Hartstein called the meeting to order at 7:38 P.M. President Hartstein read a tribute in honor of Dr.Martin Luther King,Jr. Members of St.Mary Pack 140 Scout Troop led those present who stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Kahn, Trilling,Rubin. 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; and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Kahn,to approve the minutes of the January 7,2008 Regular Meeting. Upon roll,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. WARRANT#1089 Mr.Tenerelli read Warrant#1089. Moved by Kahn,seconded by Trilling,to approve Warrant#1089 in the amount of$3,167,052.15 authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein appointed Karleen Pitchford and Michael Garfield to the Community Blood Donor Commission. Moved by Kahn,seconded by Trilling,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. President Hartstein appointed Drew Kapinos to the 50th Anniversary Committee. Moved by Glover,seconded by Berman,to concur with President Hartstein's appointment. Upon voice vote,the motion was unanimously declared carried. President Hartstein appointed the following residents to the 2008 Buffalo Grove Days Committee: Mari Antman, Steven Antman,David Besser,Ken Carothers,Sandi Carothers,Ed Conkle,Barbara Czipo,Karen Danenberg,Eric Gordon,Ron Greco,Paulette Greenberg,Lori Hackett,Ron Hackett,Allan Hoffman,Howard Hoffinan,Debra Jess,Ron Jess,Marlene Kozak,Arlene Kozemzak,Ken Lazar,Betty Lou Manso,Adam Moodhe,Mary Moodhe, Sanjay Nahar,Hal Norman,Rhonda Norman,Daniel Olbur,Jim Pawlak,Joan Pawlak, J 11965 01/21/2008 Charles Posniak, Debra Rybarczyk, Steven Schultz,Pamela Soracco,J.V. Springman,Murray Sprung,Joseph Tenerelli,Maureen Welborn,Nancy Winter. Moved by Glover,seconded by Berman,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. President Hartstein read a tribute honoring our Village Manager,Bill Brimm,as he completes 30 years of service with the Village of Buffalo Grove. After being congratulated by the audience and the Board,Mr.Brimm thanked the Board for the opportunity and the recognition. VILLAGE TRUSTEE REPORTS Trustee Glover commented on her dissatisfaction with the advertisements(some of which are offensive)that she receives on her personal e-mail page with Comcast,and she suggested that residents who feel the same contact Comcast and share their thoughts. In answer to a question from Trustee Braiman regarding Veteran's Park,Mr.Brimm stated that he had spoken to Mr.Rylko at the Park District learned that there is room for another flag pole,but since the Park District does not have any more in their budget for that site,they asked that the Village pay for that flag pole,which would probably be in the vicinity of$3,000. Trustee Kahn stated that he would rather hear the cost of the entire proposal before a polling of the Board is taken. Mr.Brimm stated that he should have those figures within the next few days. Trustee Braiman requested a status on the proposal to memorialize Village policy regarding Political Endorsements and speeches endorsing a particular candidate. Mr.Raysa stated that he has been researching the issue and will have an opinion letter for the February 4,2008 meeting. Trustee Braiman confirmed that the intent of this policy is not to prohibit anyone from voicing their opinion,but simply to provide some type of disclaimer ensuring that it is clear that the opinion is that of an individual and not the Village Board or the Village. President Hartstein stated that each and every letter that he writes to newspapers regarding endorsement of a particular presidential candidate was signed with his name only,with no reference to any title whatsoever. Trustee Braiman stated that he was somewhat troubled by an e-mail received from the Village President announcing a new restaurant in the Village. Trustee Braiman stated that a similar discussion was recently held, pointing out that the Village Board must approve the restaurants at this site. After the e-mail,the next thing that he saw regarding this restaurant was an article in the newspaper announcing that it would be located in Buffalo Grove. The Board has not seen a Letter of Intent,and he does not believe the Village should say that the restaurant has been approved and accepted. Trustee Braiman is concerned,as was Trustee Berman,that the Village may have given up some rights if it has already been acknowledged that the restaurant will become a part of the Village. Trustee Braiman would like staff to look at a mechanism or format for approving Letters of Intent before the proposal is made public. President Hartstein stated that,immediately following the last meeting,he asked Mr.Brimm to contact the developer so that nothing would be proceeding with regard to negotiations on any imminent projects or end users that the Board would not find acceptable. Mr.Brimm made that call,and sent an e-mail to the entire Board that the next project to be pursued by the developer would be Buffalo Wild Wings,and Mr.Brimm asked Board members whether or not this would be an acceptable end user. Mr.Brimm conveyed to President Hartstein that the majority of the Board agreed that Buffalo Wild Wings would be an acceptable use,and no objections to that restaurant were received. Subsequently,the developer spoke to President Hartstein and told him that Buffalo Wild Wings had been secured as an end user,and he urged President Hartstein to let the Board and the public know of the proposed restaurant use. President Hartstein stated that he then sent an e-mail to every Board member to share this news,and he also sent e-mails to both newspapers sharing this information. Trustee Braiman stated that the Board has still not seen the Letter of Intent and has little information about the restaurant,and he believes that President Hartstein should have asked if there was any objection from Board members before sending the e-mail to the newspapers. 11966 01/21/2008 Trustee Berman also commented on the fact that the Board was never asked for approval,but simply asked for a preliminary opinion. Trustee Berman is very troubled by the fact that President Hartstein jumped out in front of this,and troubled by the fact that President Hartstein was communicating with the press before the Board and staff had an opportunity to do their job. President Hartstein stated that he does not believe that he did anything inappropriate,but in the future,he will refrain from any public announcements until a Letter of Intent has been reviewed. Trustee Rubin stated that the concerns raised tonight are unanimous concerns of the entire Board and not just certain individuals. Trustee Trilling stated that an ordinance and procedure has been established,and he is concerned that these procedures are not being followed,and asked that everyone adhere to all ordinances and procedures. President Hartstein stated that,if the Village Manager conducts a poll,and there appears to be concurrence in favor of proceeding,he believes that it would be less than a positive development in working with the business community if there was anything other than enthusiasm in announcing a particular end user. Trustee Glover stated that this issue deals with circumventing the process. No one on the Board wants to discourage business,but there is a process in place that must be followed. The Village Clerk reported on the plans for the 50th Anniversary celebration,displaying the 2008 50th Anniversary commemorative Illinois license plates that will be available. She also urged any residents or businesses that wished to be recognized in the booklet to contact the Village Hall,as the deadline for printing is imminent. VILLAGE MANAGER'S REPORT Mr.Brimm noted the submittal and posting of the Monthly Management Report for the month of December, 2007;there were no questions on this report. ANNUAL REPORTS Mrs.Neukirch presented the 2007 Volunteer Commission,Committee and Board Annual Reports,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Trustee Kahn noted that the Blood Drives in 2007 netted 51 more donors than the previous years,and thanked everyone who took the time to donate. Moved by Berman,seconded by Braiman,to accept the Calendar 2007 Volunteer Commission,Committee and Board Annual Reports. Upon voice vote,the motion was unanimously declared carried. QUESTIONS FROM THE AUDIENCE Rob Sherman,resident,stated that he appreciates the efforts of the Board to make this Village run in exemplary way that it does. Mr. Sherman commented on Trustee Glover's Comcast concerns,and suggested that he would like to see the village set up a domain site for resident e-mail,and asked that the Village staff investigate that possibility. Trustee Trilling responded that he does not believe it is necessary for staff to look into this as there are already several private companies where residents may subscribe for e-mail. 11967 01/21/2008 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. GPS UNITS—BUFFALO GROVE GOLF CLUB Motion to authorize bid for 65 GPS units for golf cars at the Buffalo Grove Golf Club. FIREFIGHTERS'PENSION FUND Motion to accept the Annual Report of Condition for the Firefighters' Pension Fund. POLICE PENSION FUND Motion to accept the Annual Report of Condition for the Police Pension Fund. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. MAILBOXES Moved by Berman,seconded by Kahn,to pass Ordinance#2008-4,adding Chapter 12.10,Mailboxes,to the Village of Buffalo Grove Municipal Code,in accordance with the information received in the packet and the updated version of the proposed ordinance dated January 16,2007(should read January 16,2008)in the upper left-hand corner. Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Trustee Braiman asked several questions of staff with regard to the mailbox posts,and noted that he does not believe there is a need for the proposed ordinance. Trustee Rubin concurs with Trustee Braiman,and stated that he is concerned with the language in 12.10.030,as he questions who would determine the 50%cited. Trustee Trilling is not supportive of the proposed ordinance. Reference is made how to confirm that a household has an existing brick structure,and he believes that households who do not have a brick structure should also be documented. Trustee Berman stated that this may need to be deferred again;he reiterated many of the comments that he made �./ at the last meeting;he believes that it is appropriate to move forward. President Hartstein agrees with the three Trustees who do not see a need for the proposed ordinance. Mr. Sherman stated that he is glad to see four votes against the proposal.Mr. Sherman would like to see the Board move in a different direction,that being that he would like the Village to move to locking cluster boxes, and cited ten reasons why this should happen. Mr. Sherman urged the Board to vote against the proposed ordinance and consider his suggestion. President Hartstein responded that this suggestion has been proposed to 1 11968 01/21/2008 the postal service,and staff has been told that this suggestion could only be considered for new subdivisions,but would not be appropriate for existing subdivisions. President Hartstein polled the Board: YES indicates favor of pursuing this ordinance at this time;NO indicates opposition: YES: Glover,Berman,Kahn NO: Braiman,Trilling,Rubin,President Hartstein EXECUTIVE SESSION Moved by Braiman,seconded by Trilling,to move to Executive Session for the purpose of discussing Pending Litigation,Section 2.C.11.,and Personnel,Section 2.C. 1.of the Illinois Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. The Board moved to Executive Session from 8:56 P.M.until 10:15 P.M. ADJOURNMENT I Moved by Braiman,seconded by Kahn,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 10:16 P.M. Janet t Sirabian,Village Clerk APPROVED BY ME THIS 4th DAY OF February ,2008 Wie..-,--.4/4e0.e.", ...._ Village President 1