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2008-04-21 - Village Board Regular Meeting - Minutes 11998 04/21/2008 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,APRIL 21,2008 CALL TO ORDER President Hartstein called the meeting to order at 7:34 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,Kahn,Trilling and 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; Gregory Boysen,Director of Public Works;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer; Brian Sheehan,Village Health Officer;and Joe Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Rubin,seconded by Glover,to approve the minutes of the April 7,2008 Regular Meeting.Upon roll, Trustees voted as follows: AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin NAYS: 0—None ABSTAIN: 1 —Berman Motion declared carried. WARRANT#1095 Mr.Tenerelli read Warrant#1095. Moved by Trilling, seconded by Kahn,to approve Warrant#1095 in the amount of$2,473,069.26,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 noted an opportunity for some special recognitions tonight,noting how proud the entire community is of the Buffalo Grove High School Girls Basketball team that posted a 32-4 season,capped with a 3rd place finish in the state tournament. Each of the team members was recognized and presented with a Certificate of Achievement as they were congratulated by the audience and the Board. As he read his coaching highlights,President Hartstein then recognized Coach Tom Dineen for his outstanding career as the coach of the Buffalo Grove High School team for 29 years. Coach Dineen is retiring this June, leaving behind an amazing career record of 677 wins and 229 losses. President Hartstein thanked Coach Dineen and the team for their effort and dedication and the pride that they have brought to the community. President Hartstein then noted the Trustee Portfolio/Liaison Assignments for the year ahead,noting that they are substantially the same as they have been to date. 11999 04/21/2008 President Hartstein noted all volunteer Committee,Commission&Board Reappointments,consistent with the Village Board Meeting Agenda Item Overview that he prepared,recommending terms to expire April 30, 2010. Moved by Braiman,seconded by Berman,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. Trustee Berman noted that there are four vacancies on the Board of Health and asked for the timeline on when those positions will be filled. President Hartstein replied that interviews will be held shortly,as he is waiting to be sure that anyone interested has an opportunity to respond. President Hartstein read from a Proclamation designating the week of May 5-11,2008 as International Building Safety Week,and urged residents to participate to help promote building safety,create awareness as to the importance of construction and building codes,and to spotlight the role of the dedicated code official in administering those codes. President Hartstein read from a Proclamation declaring the week of May 4-10,2008 as Arson Awareness Week,which focuses public attention on the dangers of toy-like or novelty lighters in the hands of children,and also pays special tribute to all fire and law enforcement investigative agencies for their dedicated and tireless service. President Hartstein a Proclamation declaring the week of May 4-10,2008 as Municipal Clerk's Week, recognizing the accomplishments of the office of the Municipal Clerk,and extending appreciation for the vital services performed by Municipal Clerks and their exemplary dedication to the communities they represent. President Hartstein reported that resolutions were approved by the Northwest Municipal Conference and the Lake County Municipal League,urging support for the 2016 Olympics in Chicago. Both conferences have urged individual communities to pass similar resolutions,and President Hartstein stated that he will bring a resolution to the Board at the next meeting;there were no objections from Trustees to that suggestion. President Harstein stated that,at the Northwest Municipal Conference meeting,there was a presentation by the Metropolitan Planning Council,describing the study that they plan to have under way,and there will be a special session set up in Oak Brook on May 21,2008,and he will be sure that there is representation present from Buffalo Grove. There was also a presentation with regard to the educational funding proposal that is encompassed in SB 2288. This was primarily an explanatory presentation,but did urge support from the member communities. President Hartstein presented a brief summary of the bill,and he does plan to share the information with the Board,and stated that he does plan to send out letters to the school boards to be sure everyone is aware of the content of the proposal. President Hartstein stated that,at the request of the City of Chicago,he has prepared a letter of support for the various pending Gun Control Bills to be forwarded to our legislators. TRUSTEE REPORTS Trustee Berman reported that he had attended last Cook County Board Meeting at which a resolution in support of the purchase of the EJ&E railroad by the Canadian National railroad. Trustee Berman subsequently learned that there is a motion to reconsider on the Cook County Board agenda for their meeting on April 23,2008,and he suggested residents contact Commissioner Goslin and urge him not to back away from the Cook County Resolution. The Village Clerk reported on the plans for the 50th Anniversary celebration. The next event will be our Open House to be held on the Village Campus on April 27,2008 from 11:00 A.M.to 5:00 P.M.,where all Village Departments will have displays,and free food will be offered. Applications for the commemorative Illinois license plates are available at Village Hall and will be available at the Open House. 12000 04/21/2008 VILLAGE MANAGER'S REPORT Mr.Brimm provided a status report regarding the Water System Testing Protocol Review,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared;he then answered questions from Trustees. Mr.Brimm confirmed to the community that the Village testing protocols have been thoroughly reviewed,and it was found that the testing procedures meet,and in many ways exceed,recommended procedures. Mr.Brimm confirmed that the procedures of the testing laboratory have also been reviewed and the Village is confident that this laboratory is the appropriate one for the Village to continue using. Mrs.Neukirch presented a status report on the possibility of installing an Automated Notification System for use as a communication tool in Buffalo Grove,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared;she then answered questions from the Board. It was noted that recommendations from current users of the system advise that outsourcing is the best way to go,and extreme care must be taken not to over-use the system with regard to non-urgent messages. Mr.Brimm reviewed the Winter 2007-2008 Snow&Ice Control Summary,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared;he then answered questions from the Board. Mr.Brimm stated that notification was received from the Lake County Highway Department DOT that there will be a closure of the Canadian National railroad crossing at Deerfield Parkway for six days beginning April 30, 2008 at 9:00 A.M. Access to the station will remain open,and train service will not be affected. Mr.Brimm confirmed to Trustee Berman that this is a Lake County project,and not a Village project,however,the Village will do its best to assist residents with traffic flow and ensure that proper signage is posted. Mr.Brimm noted the submittal of the Monthly Management Report for March 2008;there were no questions on the report. It was noted that Bernie the Bison is now permanently on display in the corner of the Council Chambers. 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;it was requested that Item XI.,F.be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Moved by Glover,seconded by Kahn,to approve the Consent Agenda minus Item XI.,F. ORDINANCE#2008-17—LIQUOR CONTROLS Motion to pass Ordinance#2008-17,amending Chapter 5.20,Liquor Controls,Class I,of the Village of Buffalo Grove Municipal Code. `./ ORDINANCE#2008-18—ALDI,INC. Motion to pass Ordinance#2008-18,amending Chapter 5.20,Liquor Controls,Class C,Aldi,Inc. ORDINANCE#2008-19—ALDI,INC. Motion to pass Ordinance#2008-19,amending Chapter 5.20,Liquor Controls,Class D,Aldi,Inc. 12001 04/21/2008 ORDINANCE#2008-20—SURPLUS PROPERTY Motion to pass Ordinance#2008-20,authorizing the disposal of surplus Village personal property. ORDINANCE#2008-21—PUBLIC SIGNS Motion to pass Ordinance#2008-21,regarding public signs at the Village of Buffalo Grove Village Hall and adjacent public property. SPORTSLINE DISTRIBUTORS Motion to approve Final Plat for Sportsline Distributors, 1600 Leider Lane. JOHN SWIFT COMPANY Motion to approve Development Improvement Agreement&Plat of Easement—John Swift Company addition. 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. ORDINANCE#2008-22—EL POLLO LOCO Moved by Trilling,seconded by Berman,to pass Ordinance#2008-22,approving a Preliminary Plan and Special Use for El Pollo Loco Restaurant, 1200 Dundee Road,zoned in the B-3 District consistent with the April 21, 2008 memo. Mr.Brimm summarized the proposed ordinance. Chris Spahr,developer of El Pollo Loco,made a presentation,which included slides,details of which are contained in Mr.Pfeil's April 21,2008 memo. Discussion took place with regard to working out an access point with the owner of the shopping center,and it was emphasized that there would be no cost to the Village. The traffic plan was also reviewed. Upon roll call,Trustees voted as follows on the motion: AYES: 6-Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2008-23—VILLAGE MANAGER Moved by Braiman,seconded by Berman,to pass Ordinance#2008-23,amending Chapter 2.08,Village Manager,of the Buffalo Grove Municipal Code,in accordance with the memo before the Board. Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Upon roll call,Trustees voted as follows on the motion: AYES: 6-Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. 12002 04/21/2008 ORDINANCE#2008-24—VILLAGE MANAGER Moved by Glover,seconded by Braiman,to pass Ordinance#2008-24,establishing the annual salary for the Village Manager. Upon roll call,Trustees voted as follows on the motion: AYES: 6-Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. On behalf of himself and his family,Mr.Brimm thanked the Board for the consideration and recognition that is provided with this ordinance. ORDINANCE#2008-25—EMPLOYMENT AGREEMENT Moved by Kahn,seconded by Glover,to pass Ordinance#2008-25,authorizing the execution of an Employment Agreement,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Brimm. Trustee Berman noted that the draft agreement is dated March 18,2008,and was discussed in Executive Session in order to provide protocols and security both for Mr.Brimm and the Board and for the community going forward. The community can rest assured that that the Board feels very strongly that this is something that will protect their interest with regard to the position of Village Manager. Mr.Raysa suggested that the actual date of the Employment Agreement be May 1,2008. Trustees Kahn and Glover amended the motion to include Mr.Raysa's suggestion. 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. Mr.Brimm stated that he is very appreciative of the confidence that the Board has placed in him. APTAKISIC CREEK Moved by Braiman,seconded by Berman,to pass Resolution#2008-13,approving an Intergovernmental Agreement between the Village of Buffalo Grove and the State of Illinois related to the Milwaukee Avenue(U.S. Route 45/Illinois Route 21)over Aptakisic Creek Bridge Improvement Project,in accordance with the memorandum before the Board. Mr.Brimm summarized both this resolution and the following resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Trustee Glover believes that this is a great deal of money to spend on a project where a good portion of it lies outside the Village,and she would prefer to see the money spent on bicycle paths within the Village. Trustee Trilling believes that this is a unique opportunity where the state will fund 50%of the cost;this project will also provide for an access between two parts of the Village that does not currently exist;he believes that the portion of the project that is not currently in the Village will probably be in the Village some day. Trustee Braiman understands Trustee Trilling's concerns,but he does not believe that the timing for this project is right. 12003 04/21/2008 Trustee Berman noted that this project is in Lake County and they will not pay for it,and it is potentially in Vernon Township and they will not pay for it,therefore,he believes that it is a poor idea and there are better places to spend$100,000. Upon roll call,Trustees voted as follows on the motion: AYES: 4—Kahn,Trilling,Rubin,President Hartstein NAYS: 3—Braiman,Glover,Berman Motion declared carried. Moved by Rubin,seconded by Berman,to reconsider the motion. Upon roll Call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Rubin NAYS: 1—Trilling Motion declared carried. Moved by Trilling,seconded by Kahn,to pass Resolution#2008-13,approving an Intergovernmental Agreement between the Village of Buffalo Grove and the State of Illinois related to the Milwaukee Avenue(U.S.Route 45/Illinois Route 21)over Aptakisic Creek Bridge Improvement Project Upon roll call,Trustees voted as follows on the motion: AYES: 2—Kahn,Trilling NAYS: 4—Braiman,Glover,Berman,Rubin Motion defeated. ALTERNATE ELECTRIC PURCHASE Moved by Braiman,seconded by Berman,authorize execution of an agreement with Alternate Electric Purchase Recommendation Constellation New Energy in accordance with the memorandum and draft contract before the Board. Mr.Brimm reviewed the proposed agreement,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. PUBLIC WORKS VEHICLE Moved by Braiman,seconded by Berman,to authorize bid waiver and purchase of replacement Public Works vehicle through the Suburban Purchasing Cooperative in accordance with the memorandum dated April 21, 2008,in an amount not to exceed$54,008.00. Mr.Brimm reviewed the proposed purchase,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Whalen. In answer to a question from Trustee Braiman,Mr.Brimm confirmed that these funds are in the reserve,and the old vehicle will be auctioned off. 12004 04/21/2008 Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. LIQUID CALCIUM CHLORIDE Moved by Braiman,seconded by Glover,to authorize participation in the State of Illinois,Department of Central Management Services,Procurement Services Division Joint Purchase Program—Liquid Calcium Chloride#L- 0593 for the 2008-2009 winter driving season,in accordance with earlier discussion. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. VILLAGE HALL PAINTING Trustee Trilling stated that he would like the performance bond to be shown as an alternate rather than as part of the proposal,since he does not believe that it is necessary on this project. Mr.Raysa stated that he would have no objection to that suggestion. It was suggested that this item should be deferred so that Mr.Raysa has time to review the proposal. Trustee Trilling stated that he does not want to reject the bond,but he would just like the performance bond bid as an alternate. Moved by Trilling,seconded by Braiman,to authorize bid for the Village Hall Exterior Painting,with the performance bond bid as an alternate. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. EXECUTIVE SESSION Moved by Berman,seconded by Glover,to move to Executive Session for the purpose of discussing Pending Litigation,Section 2.C. 11.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 9:25 P.M.until 9:58 P.M. 12005 04/21/2008 ADJOURNMENT Moved by,seconded by,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 9:58 P.M. Janet1 I.S rabian,Village Clerk APPROVED BY ME THIS 5th DAY OF May ,2008 Village President