2008-12-01 - Village Board Regular Meeting - Minutes 12074
12/01/2008
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,DECEMBER 1,2008
CALL TO ORDER
President Hartstein called the meeting to order at 7:30 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; ;Andy Hubbartt,
Village Attorney;Ghida Neukirch,Deputy Village Manager; Scott Anderson,Director of Finance;Katie
Skibbe,Assistant Finance Director;Art Malinowski,Director of Human Resources;Robert Giddens,MIS
Director;Leisa Niemotka, Assistant to the Village Manager;Gregory Boysen,Director of Public Works;
Rick Kuhl,Superintendent of Public Works-Operations;Dave Haisma, Superintendent of Public Works-
Utilities;Brett Robinson,Public Works Technical Services Manager;Ed Schar,Director of Building&
Zoning;Robert Pfeil,Village Planner;Brian Sheehan,Village Health Officer;Richard Kuenlder,Village
Engineer;Police Chief Balinski;Deputy Police Chief Wagner;Deputy Police Chief Jamie Dunne;Mark
Bucalo,Police Commander;Fire Chief Vavra;Deputy Fire Chief Ciecko;Deputy Fire Chief Pearson;
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 November 17,2008 Regular
Meeting. Upon roll call,Trustees voted as follows:
AYES: 5- Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSTAIN: 1 -Rubin
Motion declared carried.
WARRANT#1110
Mr.Tenerelli read Warrant#1110. Moved by Kahn,seconded Braiman,to approve Warrant#1110 in the
amount of$3,291,325.52,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 congratulated the Inter-Faith Council on the Thanksgiving ecumenical service held
Sunday night at St.Mary church with over 1000 people in attendance.
President Hartstein recognized Ivy Hall School and St.Mary School for winning the No Child Left Behind
Blue Ribbon Award designation from the U.S.Department of Education. Representatives from each
school were present to accept the Commendations.
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12/01/2008
The Village of Buffalo Grove has been awarded"Community of the Year"by the Lake County
Stormwater Management Commission. The Village is being recognized for their work on the Aptakisic
Creek and Buffalo Creek stream bank stabilization projects.
Trustee Glover took part in"Make a Wish"event for George Marijan,a seven year-old Buffalo resident
with leukemia. To fill his wish he became a"Cop for a Day". The Police Department made this wish come
true for"Sgt.George".
The deadline for Toys for Tots drop off is December 15 at the Police Department.
TRUSTEE'S REPORTS
Trustee Kahn announced the Community Blood Drive is being held on Saturday,December 6 at the Alcott
Center,530 Bernard Dr.from 8-1:00 p.m.
Trustee Braiman announced that Lake County Commissioner David Stolman,the Buffalo Grove Area
Chamber and the Village of Buffalo Grove are partnering together to coordinate an Employment
Resources and Business Development event on Thursday,December 11,2008 from 1:00 to 4:00 pm.The
event will be held at the Grove Banquets,301 Weiland Road in Buffalo Grove.
Trustee Rubin announced that the Buffalo Grove Police Department will be supporting a Lake County
Chiefs' initiative,and will accept unwanted fire arms on December 13,2008 from 9:00 to 1:00 p.m..
Deputy Village Clerk Jane Olson reminded residents that petitions for Trustee positions for the April,
2009 election are available at the Village Clerk's office. Petitions can be filed beginning January 19,2009
at 8:00 a.m.
VILLAGE MANAGER'S REPORT
Mr.Brimm announced that Scott Anderson,Finance Director,has received the Certificate of Achievement
for Excellence in Financial Reporting. This is the 27th year that Buffalo Grove has received this award.
17 CRESTVIEW TERRACE—CONTINUATION OF ZBA APPEAL
At the November 17,2008 Village Board meeting,this subject was discussed and a vote taken to deny the
appeal of the Zoning Board of Appeals decision to deny the request for a fence variation. Trustee Rubin
was not present. It became clear that Mr.Johnson had additional information not given at that meeting.
Trustee Berman,casting a dissenting vote,is now bringing a motion to reconsider allowing Mr.Johnson to
make additional statements and to take another vote.
Moved by Berman,seconded by Kahn for a Motion to Reconsider the decision to deny the appeal of the
request made by Mr.Johnson for a variation of the Fence Code.
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSTAIN: 1 —Rubin
Motion declared carried.
Jeff Johnson, 17 Crestview Terrace,again reviewed his reasons for appealing the Zoning Board of Appeals
decision to deny his request for variation of Fence Code, Section 15.20.040,Pertaining to Residential
Districts. He stated security,the fact that his dog can jump the fence and a proposed room addition as
reasons his petition should be granted.
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Moved by Berman,seconded by Kahn to grant the appeal of the Zoning Board of Appeals decision to deny
the request of Jeff Johnson, 17 Crestview Terrace,for variation of Fence Code, Section 15.20.040,
pertaining to Residential Districts,pursuant to the memorandum and the survey which indicates the 6'
fence on the front side and a portion of the south side of the property.
Trustee Braiman stated that he voted to reconsider. A policy had been determined that situations of this
nature should be determined by the entire Board and Trustee Rubin had not been present at the November
17,2008 Board meeting. He is sympathetic to Mr.Johnson's concerns,but they are not viable concerns for
the variation. He feels the petitioner has not shown hardship. He will vote against the variation..
Trustee Berman stated that a fence variation depends on uniqueness to the property. All reasons are valid
for wanting a higher fence and variation,but none of them meet the standard for receiving a variance.
Trustee Glover is sympathetic to the Johnson family cause,but she believes that the 6' fence would not
change anything. The Police Department concern with 6' fences,is that they make it difficult to protect the
community. Taking into consideration the Police Department concerns and the Zoning Board of Appeals
decision,she will vote"no".
Trustee Kahn agrees with the personal uniqueness and he will vote in favor of the variance again.
Trustee Rubin reviewed the minutes,email correspondence and the petition. Based on all of the
information,he believes the ZBA made the correct decision. The Village Board does have the ability to
look at all facts and circumstances which the ZBA does not. He is taking it all into consideration.
Upon roll call,Trustees voted as follows:
AYES: 4- Kahn,Trilling,Rubin,President Hartstein*
NAYS: 3- Braiman,Glover,Berman
The motion is passed. The variation is approved.
*There is unique terrain and the fence does not distract from the health,safety and wellness of the
neighborhood.
PUBLIC HEARING-TRUTH IN TAXATION ACT
President Hartstein called the Public Hearing for the 2008 Tax Levy Truth in Taxation Hearing to order at
8:05 P.M.,after which he swore in Mr.Anderson to give testimony.
Mr.Anderson made a presentation with regard to the Truth in Taxation Act—Tax Levy Determination
(Calendar 2008 Levy),details of which are contained in the Village Board Meeting Agenda Item Overview
that he prepared.
Mr.Anderson confirmed to Trustee Berman that these pensions are all unfunded mandates which we are
required to comply. The State Legislature has imposed those requirements on us and has not provided any
funding. We have no control over those levy amounts. We do have control over the corporate fund which
is only going up 2.93%. If it had not been for the higher price of salt last year,we would not have an
increase.
President Hartstein asked if there were any comments from any other public bodies,members of the
audience or members of the Board;there were none.
At 8:10 P.M.,President Hartstein continued the Public Hearing until later on in the meeting when this item
is on the agenda.
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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. Deputy Village
Clerk Jane Olson then read a brief synopsis of each of the items on the Consent Agenda.
Moved by Glover,seconded by Berman to approve the Consent Agenda.
ORDINANCE No.2008-79—LIQUOR CONTROLS
Motion to approve Ordinance No.2008-79,Amending Chapter 5.20,Liquor Controls,Class B,Buffalo
Restaurant,Inc.
RESOLUTION No.2008-37—CORPORATE PERSONAL PROPERTY REPLACEMENT TAX
Motion to approve Resolution No.2008-37,Regarding Corporate Personal Property Replacement Tax
Distribution.
RESOLUTION NO.2008-38—COUNTY OWNED TRAFFIC CONTROL DEVICES
Motion to approve Resolution No.2008-38,authorizing the Execution of a Master Agreement between the
County of Lake and the Village of Buffalo Grove for the energy costs,maintenance costs and future costs
associated with County owned traffic control devices.
OLD CHECKER ROAD CULVERT REPLACEMENT
Motion to approve the Authorization to Bid.
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 No.2008-80—Tax Levy
Moved by Braiman,seconded by Kahn,to approve Ordinance No.2008-80,an ordinance for the Levy and
Collection of Taxes for the Fiscal Year commencing on the 1 S`day of January,2009 and ending on the 315`
day of December,2009.
The Public Hearing was re-opened. Mr.Anderson indicated that the proposed 2008 Levy to be collected in
2009 is$13,467,513. That request exceeds the previous year's request by 5.67%. Abatement
recommendations will be presented at the next meeting.
President Hartstein asked if there were any further questions or comments from anyone as a part of the
Public Hearing.
Trustee Berman confirmed that the Levy is a gross number and not the net number. There will still be
abatements and this number does not reflect the actual changes in the tax bills. The village's portion of the
resident's tax bill will be approximately 9%.
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The Public Hearing was adjourned at 8:25 p.m.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
RESOLUTION No.2008-39—Lake County Taxable Property
Moved by Braiman,seconded by Berman to approve Resolution No.2008-39,requesting the County of
Lake not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove.
AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
RESOLUTION No.2008-39—Cook County Taxable Property
Moved by Braiman,seconded by Berman to approve Resolution No.2008-39,requesting the County of
Cook not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove.
AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
FISCAL 2009 BUDGET PRESENTATION
Mr.Brimm presented opening comments and the budget structure for this evening,assuring the Board that
he and the staff are personally committed to preparing and presenting a document that is based on integrity
and sound financial planning,and that the budget will be managed in accordance with the expectations and
goals of the Village Board and residents.
Trustee Berman noted that the Staff has been engaged in this process for an extended amount of time,
including Finance Committee meetings,Staff presentations to the Board resulting in a very different
document now than what was presented originally.
Staff presented the revenue and expenditures for each of the funds,after which they answered questions
from the Board.
Mr.Brimm stated that staff will make changes suggested by the Board tonight,and bring the final
document back before the Board with a resolution for adoption.
ADJOURNMENT
Moved by Braiman,seconded by Kahn to adjourn the meeting. Upon voice vote,the motion was declared
carried and the meeting was adjourned at 10:45 p.m.
Jane Olson,Deputy Village Clerk
APPROVED BY ME THIS'S DAY OF �� ,200e
Village President