2007-05-21 - Village Board Regular Meeting - Minutes 11864
05/21/07
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,MAY 21,2007
CALL TO ORDER
President Hartstein called the meeting to order at 7:32 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,Trilling and
Rubin. Trustee Kahn was absent.
Also present were: William Brimm,Village Manager;Ghida Neukirch,Deputy Village Manager; Scott
Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Gregory Boysen,Director of
Public Works;Ed Schar,Director of Building&Zoning;Robert Pfeil,Village Planner;Brian Sheehan,Village
Health Officer;Police Chief Balinski; and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Trilling,seconded by Rubin,to approve the minutes of the May 7,2007 Regular Meeting.Upon roll,
Trustees voted as follows:
AYES: 4—Braiman,Berman,Trilling Rubin
NAYS: 0—None
ABSTAIN: 1 —Glover
ABSENT: 1 -Kahn
Motion declared carried.
WARRANT#1073
Mr.Tenerelli read Warrant#1073. Moved by Braiman,seconded by Glover,to approve Warrant#1073 in the
amount of$2,285,210.31, authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 -Kahn
Motion declared carried.
OATH OF OFFICE-ELECTED OFFICIALS
Lake County Court Judge(and former Village Trustee)Charles Johnson administered the oath of office to the
following newly elected Village officials:
l Elliott Hartstein—Village President
�•/ Janet Sirabian—Village Clerk
DeAnn Glover—Village Trustee
Jeffrey Berman—Village Trustee
Steven Trilling—Village Trustee
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VILLAGE PRESIDENT'S REPORT
President Hartstein read from a Proclamation declaring the week of May 21-27,2007 as Buckle Up Buffalo
Grove!Week,and encouraged the community to support the efforts of enforcement agencies to increase
compliance with state-occupant protection laws,and to encourage part-time users to become full-time users of
safety belts.
Sergeant Kristiansen first urged everyone to realize the importance of wearing seat belts,and then related several
incidents where the use of seat belts saved lives and/or serious injury,as he presented Saved by the Belt awards
to each of those involved in these incidents.
Corporal Spolar reviewed the coloring contests that were held for students throughout the Village to promote
bicycle safety. Each of the winners came forward and was presented with a certificate and a savings bond.
President Hartstein urged residents to attend the Memorial Day Ceremony to be held at the Knopf Cemetery on
Monday at 11:00 A.M. This is a very meaningful service to honor those that have given the ultimate sacrifice to
ensure our freedom.
President Hartstein reviewed the 2007-2008 Volunteer Commission,Committee&Board Reappointments,
details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Leisa
Niemotka.
Moved by Glover,seconded by Berman to concur with President Hartstein's appointments for terms to expire
4/30/08,with the exception of the 50th Anniversary Committee whose terms will expire 12/31/08. Upon voice
vote,the motion was unanimously declared carried.
President Hartstein appointed Debi Moritz to the 50`h Anniversary Committee;Betty Ganschow the Blood Donor
Commission;George Koriath to the Electrical Commission;and Barry Ruby to the Emergency Management
Commission for terms to expire 4/30/08,with the exception of the 50th Anniversary Committee,where the term
will expire 12/31/08.
Moved by Glover,seconded by Braiman,to concur with President Hartstein's appointments. Upon voice vote,
the motion was unanimously declared carried.
President Hartstein appointed Eric Gordon,Mariellen Antman and Marlene Kozak to the Buffalo Grove Days
Committee for terms to expire 12/31/07.
Moved by Glover,seconded by Berman,to concur with President Hartstein's appointments. Upon voice vote,
the motion was unanimously declared carried.
President Hartstein re-appointed all Trustees to their existing assignments,with the exception of the ZBA&Plan
Commission liaisons switching assignments.
Moved by Glover,seconded by Berman,to concur with President Hartstein's appointments. Upon roll call,the
motion was unanimously declared carried.
TRUSTEE REPORTS
Trustee Berman encouraged residents to support our Relay for Life to begin on June 15,2007 at Buffalo Grove
High School. The event is unique in that it is coordinated almost exclusively by the students and Stevenson and
Buffalo Grove High Schools. It is an event that raises money for a good cause and is a fun-filled event as well.
Trustee Berman noted that the Lake County Forest Preserve District is making the CicadaMobile available at
the Public Service Center on June 20,2007 in order to educate the public about the ecology,life history and
cultural impacts of cicadas.
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The Village Clerk noted that the next meeting for the 50th Anniversary Committee will be held on June 21,
2007. The Committee is asking residents for pictures of the Village throughout the years,as well as histories of
the inceptions of religious institutions, schools,and civic organizations.
VILLAGE MANAGER'S REPORT
Mrs.Neukirch presented an overview of the Village's Clean Air Counts program,which identifies an overview
of the Clean Air Counts Committee campaign,initiatives conducted and proposed,and an overview of benefits
of energy-efficient lighting. This program is not new to Buffalo Grove,as the Village has been involved in a
number of practices regarding this issue for a several years. Buffalo Grove has joined other northeastern Illinois
�./ municipalities as part of the program. Mrs.Neukirch highlighted several initiatives being proposed,details of
which are contained in the Village Board Meeting Agenda Item Overview that she prepared.
Mr.Brimm noted the submittal and posting of the Monthly Management Report for the month of April,2007;
there were no questions on this report.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience on items not 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 Glover, seconded by Berman,to approve the Consent Agenda.
ORDINANCE#2007-29—BUFFALO GROVE PFFPMA
Motion to pass Ordinance#2007-29,approving a Letter of Agreement between the Village of Buffalo Grove and
the Buffalo Grove Professional Firefighter/Paramedic Association Local 3177 concerning wages and benefits for
the year commencing May 1,2007 and concluding April 30,2008.
ORDINANCE#2007-30-POTABLE WATER SUPPLY
Motion to pass Ordinance#2007-30,prohibiting the use of groundwater as a potable water supply by the
installation or use of potable water supply wells or by any other method.
ORDINANCE#2007-31 -STREET VACATION
Motion to pass Ordinance#2007-31,vacating certain parts of streets formerly known as Corporate Grove Drive
and Deerfield Parkway,subject to the closing on the real estate transaction.
RESOLUTION#2007-16-SWANCC
Motion to pass Resolution#2007-16-appointing a Director and Alternate Director to the Solid Waste Agency of
�•/ Northern Cook County.
ABOVE NET COMMUNICATIONS,INC.
Motion to approve AboveNet Communications,Inc.Permit Rider.
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STREET LIGHT MAINTENANCE
Motion to authorize execution of the second-year option of a three-year Street Light Maintenance contract.
MAIN STREET
Motion to approve Plat of Dedication for Main Street,Vernon Township.
GOLF COURSE AUDIT
Motion to accept audit for the Buffalo Grove Golf Club and the Arboretum Golf Course for the year ended
12/31/06.
FIREFIGHTER'S PENSION FUND
Motion to accept Annual Report of Condition for the Firefighter's Pension Fund.
POLICE PENSION FUND
Motion to accept Annual Report of Condition for the Police Pension Fund.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 5—Braiman,Glover,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 -Kahn
Motion declared carried.
ORDINANCE#2007-32—900 DEERFIELD PARKWAY
Moved by Braiman,seconded by Berman,to pass Ordinance#2007-32,approving a Preliminary Plan for
expansion of the parking area at 900 Deerfield Parkway,zoned in the Industrial District,subject to the closing of
the real estate transaction,pursuant to the draft dates 5/15/07.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 -Kahn
Motion declared carried.
EDUCATION FUNDING
President Hartstein reviewed the background of the proposed resolution,details of which are contained in the
Village Board Meeting Agenda Item Overview,as well as the memo dated May 16,2007 from the Members of
the Metropolitan Mayors Caucus Executive Board.
Bill Duessling of the High School District 214 Board,stated that comments from the Superintendent have been
distributed to the Village Board and contain the comments that the School Board would make,and the members
present tonight are available to answer any questions and to show support for going forward. Village Trustees
indicated that they did not receive the comments referred to by Mr.Duessling.
Rich Rosen,District 21 School Board member,thanked the Village Board for their interest in this matter,stated
that he is very grateful for the job the Board is trying to do,and commented in favor of the proposed resolution.
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President Hartstein shared that he received a phone call from School District 125 Superintendent Dr.Timothy
Kanold,indicating,on behalf of District 125,support for this particular concept,and stating that the various
concepts included would be beneficial to District 125 and other school districts in the area.
President Hartstein also received a communication and phone call from School District 21 Superintendent Gary
Mical indicating that he is supportive of the particular concepts that are included in the proposed resolution and
urged the Board to continue to work on these concepts in hopes of prodding legislation.
Trustee Braiman briefly reviewed the scenario of events that led to the proposed resolution,and also reviewed
the meeting of the Northwest Municipal Conference last Wednesday. Trustee Braiman stated that the purpose of
having this on the agenda tonight is to give President Hartstein direction as to his vote at the next meeting.
Trustee Braiman stated that he is troubled at the timing of this issue. This is work that has been going on,and
work in which President Hartstein has been involved,for over three years, and this is the first the Board is
hearing of it. Trustee Braiman is troubled that the Mayor's Caucus is asking that the Village Board take a stand
on school funding,which is an issue clearly outside the Village Board mandate. The Board frequently talks of
local control,and school funding is controlled by each individual school district,not by each municipality. The
Village Board would be greatly disturbed if school boards thought it advisable to suggest to the legislature how
municipal funds are determined.
Trustee Braiman also noted that the process itself causes great concern;he believes that experience shows that,
once the local entity gives up control of dollars and sends those dollars to Springfield,it is quite likely that the
local entity will not again see those dollars.
Trustee Braiman stated that he endorses the general concept of real estate tax relief,but is very concerned with
losing local control of funds;he is disappointed with the proposal,and he believes the local school districts will
eventually lose. Trustee Braiman asked that President Hartstein either cast a negative vote or abstain from
voting on the proposal until there is a more specific bill pending in the legislature.
Trustee Berman noted that Trustee Braiman has anticipated many of his comments;he is very much disturbed by
the agenda item and the manner in which it got to the Board, although he strongly supports the concept and goals
behind educational funding. The members of the Board have only recently been informed that the Village
President has participated in a process which has extended over several years;this process did not seek input
from the Village Board nor the local school boards until the past few days. The Village Board has never been
asked to authorize the Village President to act or vote on this issue. The Village Board as a whole is the policy-
making body. The elected members of our six local school boards are directly accountable to the voters and it is
their responsibility to oversee the education systems serving Buffalo Grove residents. Trustee Berman does not
believe that the Village Board should take action on the proposed resolution on the agenda,but rather believes
the Village Board should direct the Village President to refrain from further participation in this caucus initiative
and cast a negative vote on the school funding resolution proposed by a body like the Mayoral Caucus or the
municipal conferences. The Village Board has absolutely no role in making decisions as to how and to what
extent the community school districts fund education.
President Hartstein responded and reviewed the scenario of events leading up to this proposed resolution being
on the agenda. As part of this particular process,this financial proposal was predicated upon listening to
presentations in response to what the Governor proposed with regard to gross receipts. Although the situation is
not ideal,the group felt that it was important for the mayors of the region to work in tandem with the school
boards as a catalyst to try and bring about meaningful change in order to fight for tax relief for their residents.
Trustee Glover takes offense to the inference that the Village Board is putting their heads in the sand,and
questioned why the Village Board has not heard about this proposal previously. Village Trustees are elected to
administer Village policy,and school boards are elected to run our schools. This proposal is entirely different
than it would be if the Village Board were asked to support the school districts if they had initiated the proposal
to the legislators to get this through. Trustee Glover cannot support the proposed resolution,and believes that
President Hartstein should cast a negative vote.
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Trustee Braiman also resents the implication by President Hartstein that the Village Board does not care about
property tax relief and education. This Board has always made it clear that they are concerned with tax dollars
from all sources,and has always done everything that they can to keep our tax levies as low as possible. Trustee
Braiman also resents the fact that the Mayors Caucus seems to believe that they know better than the individual
Trustees,but what he resents most of all is the inference that,because the Village Board is not willing to give
President Hartstein authority to vote in favor of this,the Village Board is against school funding initiatives.
Trustee Berman again brought up the fact that President Hartstein did not confer with the Village Board for over
three years,but took it himself to speak on behalf of the Village Board without their input.
President Hartstein stated that the only reason that this proposal is before the Village Board is to gain input from
them. The process took on a very fast track as it evolved. Many groups have been asking the mayors to come up
with a proposal,and the purpose of this proposal is to be a catalyst for the process.
Trustee Rubin noted that other Trustees have presented his thoughts,but he does want to point out that these
discussions have been going on for quite some time,even though the specifics have only been proposed within
the last few weeks,and the fact remains that the Village President did not communicate with the Village Board.
It has always been the position of the Village Board to refrain from taking a position as a formal body on issues
of other taxing bodies.
Trustee Trilling noted that he knows that President Hartstein is passionate about this issue,but he does not
believe that the Village Board can make a decision in this short of a time and without sufficient information,and
he believes that those elected to the school boards fully understand the issues and should make those decisions.
Trustee Berman again reiterated that there is a failure to communicate, and had there been communication,
perhaps the Village Board would be in a position to go forward tonight. It is incumbent on the Village President
to inform the Board of his activities so that the Board is not put in an uncomfortable position.
President Hartstein stated that he will abstain from voting on this issue at Wednesday's meeting.
Trustee Braiman thanked the local school board representatives for their input tonight,and asked that the Village
President keep them informed as well as keeping the Village Board informed.
318 WINDSOR DRIVE
Mr.Brimm summarized this appeal of the ZBA decision for the property at 318 Windsor Drive.
Gloria Lorenz,318 Windsor Drive,reviewed the reasons that they are asking the Board to allow the 6' wood
privacy fence installed along the rear property line to remain in place,mainly to deter local students from cutting
through their yard and damaging property,as well as to provide privacy from the two-story home to the rear,
which is also a higher elevation.
Steve Edwards,330 Windsor Drive, stated that they support the request for the variation,as it is a benefit to their
property also,particularly because of the steep drop between the Lorenz property and their neighbors to the rear.
Jane Edwards,330 Windsor Drive,stated she is again comfortable using her patio; for the last two summers
since the hedge has been down,they have felt the loss of privacy;the current fence is a beautiful fence and has
helped a great deal with creating privacy in their yard.
Board members then questioned the petitioners and staff with regard to this fence, as well as similar fence
situations.
ZBA Commissioner Windecker reviewed the deliberations that took place at the ZBA meeting;he noted that his
negative vote was because of the fact that the permit was issued specifically for a 5' fence,and the ZBA takes it
very seriously when permits are violated and the Building&Zoning Department is not notified.
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Andy Stein stated that he has not heard any hardship in this case where a 5' fence would be any less effective
than a 6' fence. There is concern that people are putting up whatever they want to,and then just assuming that
the village will approve it
Trustee Glover noted that she had been at the ZBA meeting,and it was a tie vote,mainly due to the difference in
elevation between the two yards;the neighbors in attendance were all in favor of the current fence.
Trustee Rubin is very concerned about what he is hearing from commissioners with regard to residents
intentionally ignoring the permit process,and then assuming that the village will approve whatever is built;as
always,he is reluctant to overturn a ZBA decision,but he does lean a little bit toward it because it was a tie vote.
Trustee Braiman is also having difficulty with this situation,and he would like to suggest that this matter be
continued in order to find out what has happened in similar instances.
Moved by Braiman,seconded by Berman,to defer this matter until the June 4,2007 Regular meeting. Upon
roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 —Kahn
Motion declared carried.
President Hartstein suggested that perhaps the policy with regard to height should be re-visited,and asked staff
to survey what policies are in place in other communities.
936 GREENRIDGE ROAD
Mr.Brimm noted that petitioner asked that this matter be deferred until June 4,2007.
Moved by Berman, seconded by Braiman,to defer the appeal of the ZBA decision to deny the request made by
Danny Barbarigos,936 Greenridge Road,for variation of Fence Code, Section 15.20.040,pertaining to
Residential Districts,until June 4,2007. Upon voice vote,the motion was unanimously declared carried.
INTER-TRACK PARTNERS,LLC
Moved by Braiman,seconded by Berman,to refer Inter-Track Partners,LLC,proposal to establish Off-Track
Betting Facility in the B-5 Town Center Planned District,to the Plan Commission for review.
Bob Bilocerkowycz,Inter-Track Partners,LLC,briefly summarized the company and their request for Plan
Commission referral,details of which are contained in the presentation package, as well as the Village Board
Meeting Agenda Item Overview prepared by Mrs.Neukirch.
Trustee Rubin is concerned about security at the door to the bowling alley, and will not be able to support this
referral;he is not against the use,but is concerned about the use at this location. Mr. Bilocerkowycz reviewed
the security that will be present at the facility.
Trustee Trilling stated that he was impressed with the Niles operation;he noted that there is a checkpoint and
that patrons under 21 years of age will be prohibited;he will support the Plan Commission referral.
Trustee Berman stated that he appreciates Trustee Rubin's opinion,but he believes that the Plan Commission can
address the concerns raised;he also pointed out that the petitioners need to proceed on the assumption that this is
a smoke-free facility,regardless of what transpires in Springfield.
Trustee Glover appreciated the tour of the Niles facility;she has no problem referring the proposal to the Plan
Commission, as they are the ones that will be able to work out the details.
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Trustee Braiman was also impressed with Niles tour,although he does appreciate Trustee Rubin's perspective,
but he does see that there is a need for this type of a facility in the area.
Trustees Braiman and Berman amended the motion to allow a Special Use in the B-5 district.
Trustee Rubin pointed out that the memo prepared by Chief Balinski recommends that there be one point of
entry to the premises,and asked that the Plan Commission be aware of this recommendation.
Upon roll call,Trustees voted as follows on the motion:
AYES: 4—Braiman,Glover,Berman,Trilling
NAYS: 1—None
ABSENT: 1 -Kahn
Motion declared carried.
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 9:56 P.M.
u rn .
Janet Sirabian,Village Clerk
APPROVED BY ME THIS 4th DAY OF June ,2007
Village President