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2006-10-09 - Village Board Regular Meeting - Minutes 11786 10/09/2006 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,OCTOBER 9,2006 CALL TO ORDER President Hartstein called the meeting to order at 7:35 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;Robert Pfeil,Village Planner;Greg Boysen, Director of Public Works;Rick Kuhl, Superintendent of Public Works;Brian Sheehan,Village Health Officer; Fire Chief Sashko. APPROVAL OF MINUTES Moved by Glover,seconded by Trilling,to approve the minutes of the September 18,2006 Regular Meeting. Upon roll,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. WARRANT#1058 Mr.Anderson read Warrant#1058. Moved by Kahn,seconded by Glover,to approve Warrant#1058 in the amount of$3,568,019.69,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 declared Tuesday,October 31,2006 to be known as Trick-or-Treat Day in Buffalo Grove, and asked that children and their parents cooperate in limiting the time of trick-or-treat activities between the hours of 2:00-7:00 P.M. President Hartstein declared the month of October to be Domestic Violence Awareness Month in the Village of Buffalo Grove,and urged all citizens to participate actively in the scheduled events and program offerings to advocate for the elimination of personal and institutional violence against women. President Hartstein declared the month of October as National Breast Cancer Awareness Month and October 20,2006 as National Mammography Day,and urged all persons in our community to become aware of their own risks of breast cancer and be screened for the disease. TRUSTEE REPORTS Trustee Braiman reported that flu shots will be offered for a cost of$20 at Village Hall on Saturday,October 28, 2006. 1 11787 10/09/2006 VILLAGE CLERK'S REPORT The Village Clerk noted that there are several dates for recycling events this fall,including document destruction,computer and electronics and household chemical waste;she urged residents to get further details on these events at www.swancc.org. The Village Clerk noted that meetings have been taking place to plan the celebration for the 50`h Anniversary of Buffalo Grove in 2008; she asked that residents share old photos and memories;she requested histories of churches and organizations;and informed residents that sponsorships of all levels will be sought for some of the activities The Village Clerk briefly explained the specifics of the new Early Voting laws in place for the November 7, 2006 election. The Village Clerk summarized the annual Civics Forum which will take place on Monday,October 23,2006. Students participating in the forum then introduced themselves to the audience and the Board. 2006-07 SNOW&ICE CONTROL PROGRAM Rick Kuhl noted that in September,the Village of Buffalo Grove was designated excellent in its continued practice of sound environmental stewardship in salt storage by the Salt Institute. This is the 18t consecutive year that the Village has received this Excellence in Storage award. Mr.Kuhl thanked the Board for their continued support of the program. Mr.Kuhl then presented the Snow&Ice Control program for 2006-2007. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not on he 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 Glover,seconded by Braiman,to approve the Consent Agenda. ORDINANCE#2006-51—ANIADA,INC. Motion to pass Ordinance#2006-51,amending Chapter 5.20,Liquor Controls. UNITE PRIVATE NETWORKS—ILLINOIC LLC Motion to approve Unite Private Networks—Illinois,LLC Permit Rider. `./ BUFFALO GROVE BANK&TRUST Motion to approve Certificate of Initial Acceptance&Approval for Buffalo Grove Bank&Trust,and Approval of Indemnification of Covenant. Upon roll call,Trustees voted as follows on the Consent Agenda: 11788 10/09/2006 AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. SMOKING IN PUBLIC PLACES Mr.Brimm briefly summarized the background on the ordinance regarding smoking in public places. Trustee Rubin commented on the request to amend the smoking ordinance to an enactment date of January 2007; he is very opposed to the extension;he noted that there already was a compromise extending the effective date from July 1st to October 1st,and he is concerned that there will be further requests for extensions;he believes this request will create an uneven playing field with regard to other businesses in the Village. Trustee Braiman agrees fully with Trustee Rubin;he believes this request is tailored to just one business in the Village,and he is also concerned that this is the first of many requests for extensions. Trustee Berman pointed out that this request has been brought forth by a member of the business community, and he asked that Mr.Feldgreber present his reasons for this request. Bill Feldgreber,owner of eSkape,stated that he will not ask for any further extensions;his biggest concern is the effective date for bans in Arlington Heights and Wheeling which is where his direct competition is located;he noted that his revenue was down 60%this past weekend,which was the first weekend that the smoking ban was in effect. Mr.Feldgreber stated that the reason that the time period between October 1st and January 1st is so important is because he does a huge percentage of his business during the last quarter of the year. Further discussion took place,with Trustees clarifying their understanding of the request with Mr.Feldgreber. President Hartstein stated that his biggest concern is the timing of the request and sending out mixed signals to the community. Buffalo Grove has now been highly publicized as having the smoking ban go into effect as of October 1st,and he believes it would be detrimental to reverse that ban,even partially. Maggie Osborne,OMNI,thanked the Board for taking a positive stand on this issue;she did point out that it has been proven that the separate HVAC systems are not effective in entirely removing toxins from the air. Steve Handler,resident,stated that the issue here is money versus health;he urges the Board to vote for prevention of illness rather than early detection. Barbara Denecker????,Lake County Health Department,commended the Board for everything that they have done for smoke-free communities;it has been proven that the best way for compliance and enforcement is to have the fewest exemptions possible. David Resis, stated that he believes that the extension should be granted for this short time period,since even though Mr.Feldgreber's events are under contract for this year,future bookings are subject to the attendees having an enjoyable experience at this year's event;he believes this facility is unique in the Village and therefore will not be creating an uneven playing field with any other Village business. Dan Shepherd,commented on how the HVAC system works,and how the separate system would actually keep the smoke-filled air inside the bar area. Abby Phillips stated that she understands that this is a business,and as a teenager,she does not want to see people smoke. Buffalo Grove has set the clear precedent of a smoke-free community,and other communities have taken this precedent and applied it to their own communities. Buffalo Grove needs to show that this is something that is important,and she believes we deserve to live in a healthy society. T _ .. ..T T F �67""-�� j'2-7 1 l T rr'"3J1 if T 1 V 1 1-7 r F T T'`- t 11789 10/09/2006 Danny Sronkoski,Club House manager,believes that it would be very unfair for him to lose his clientele to a business that is less than a mile away inside of the city limits where he also pays taxes. Liz Mongillo stated that this is not a health issue,because it is a fact that there will be a smoking ban,so it is just an issue of the timing of the last quarter;she has worked at a restaurant and she believes that some business would be lost;restaurant staff is trained to be sure that they do everything possible to ensure that clientele has an enjoyable experience so that they will want to return. Christine Woods,resident and spokesperson for the American Cancer Society,stated that this is an employee/work place issue;amending this ordinance would compromise the health of those in Buffalo Grove. President Hartstein asked if anyone wished to make a motion to amend this ordinance;there was not a motion made,thereby leaving the ordinance stand as is. RESOLUTION#2006-31 -BGTV Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Both Trustees Berman and Braiman stated that they were satisfied with the changes that have been made to the policies. Moved by Berman,seconded by Braiman,to pass Resolution#2006-31,adopting governing policies for the Village of Buffalo Grove Government Use Channel(Buffalo Grove Television/BGTV). Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. TURNBERRY CONDOMINIUMS Bernard Citron,attorney for the developer,introduced Moses Cuckerman and Guide Neri,and noted that they have made modifications made to the proposed building in order to allow them to build on the site. Mr.Citron stated that they have met with the residents of the current building. Mr.Cuckerman reviewed the steps that they have taken to present a plan that will be acceptable to the Village. Mr.Neri noted that the proposal is for a 48-unit building,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. President Hartstein stated that the Board appreciates the fact that the developer followed the suggestion of the Board to meet with existing residents,and he encouraged them to continue to work with those residents. Phillip Topp,Turnberry Board President,stated that they recently held a meeting and the Tumberry Board is in favor of the project and believes that it is a good alternative. Moved by Trilling, seconded by Kahn,to refer the Turnberry Condominiums,re-plan of second building site, 105 Buffalo Grove Road,amendment of Planned Unit Development in the B-5 District to the Plan Commission for review. Trustee Trilling asked that the Plan Commission look closely at the west side of the building so that the landscaping is such that it does not allow it to look as though the building consists of six stories. Trustee Berman believes that this is a major improvement over the townhouse plan,but noted that it is essential that it is consistent and compatible in appearance and quality with the existing building. i1 F 11790 10/09/2006 Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. COMBINED AREA FIRE TRAINING(CAFT)FACILITY Mr.Brimm reviewed this proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen,and his memo to the Board of October 9,2006. Staff then answered questions from the Board. Moved by Berman,seconded by Glover,to reject the bid as presented in the memo. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. Moved by Berman,seconded by Kahn,to approve the waiver of bid to proceed with the Drafting Pit Structure at the Combined Area Fire Training(CAFT)Facility with a request of bid waiver for the purchase of a prefabricated structure for in-house installation. Upon roll call,Trustees voted as follows: AYES: 5—Glover,Berman,Kahn,Trilling,Rubin NAYS: 1 —Braiman Motion declared carried. ADJOURNMENT Moved by Berman,seconded by Kahn,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 9:22 P.M. Janet M. .irabian,Village Clerk APPROVED BY ME THIS (A DAY OF a M-, ,2006 Village President