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2005-12-05 - Village Board Regular Meeting - Minutes 11694 12/05/2005 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 5,2005 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,and Rubin. Trustees Kahn and Trilling were absent. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager; Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director; Gregory Boysen,Director of Public Works;Robert Pfeil, Village Planner;Ed Schar,Building&Zoning Commissioner;Carmen Molinaro,Director of Golf Operations;Fire Chief Sashko;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Braiman,seconded by Berman,to approve the minutes of the November 21,2005 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 3—Braiman,Berman,Rubin NAYS: 0—None ABSTAIN: 1 —Glover ABSENT: 2—Kahn,Trilling Motion declared carried. WARRANT#1040 Mr.Anderson read Warrant#1040. Moved by Glover, seconded by Berman,to approve Warrant#1040 in the amount of$2,923,033.52, authorizing payment of bills listed. After answering a question from Trustee Braiman, Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. PROCLAMATION President Hartstein read from a Proclamation declaring December as Drunk and Drugged Driving Prevention Month in the Village of Buffalo Grove,supporting the You Drink&Drive, You Lose program,and called upon the community to promote awareness of the impaired driving problem and to support programs aimed at reducing such incidents. TRUSTEE REPORTS Trustee Rubin noted that the Police Department will be joining other north suburban law enforcement agencies for a holiday DUI enforcement campaign beginning December 9,2005. This is one of the most dangerous seasons of the year,and there will be coordinating DUI saturation patrols along Milwaukee Avenue from Gurnee to Chicago. The focus of this program will be to encourage drivers to designate a sober driver,stop impaired family members and friends from getting behind the wheel,report impaired drivers to law enforcement officials,and teaching our young people safe alcohol and drug-free driving behavior. 11695 12/05/2005 The Police Department will again be a drop-off location for the Lake County Gun Buy-Back program on Saturday, December 10,2005. This program can help prevent gun-related crimes,and the public is urged to bring unwanted firearms to the Police Department,where they will receive a$50 gift certificate in return for each firearm. HAMILTON PARTNERS Jim Lang,Hamilton Partners,was sworn in to give testimony, after which he presented the appeal of Hamilton Partners regarding the ZBA decision to deny the Hamilton Partners request to extend the time limitation of the For Rent, Sale, or Lease sign located in the Chevy Chase Business Park at the intersection of Lake Cook Road and `./ Milwaukee Avenue. ZBA Commissioner Andy Stein presented the position of the Commission with regard to the denial of the Hamilton Partners request. Details of both positions are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Schar. There was discussion with regard to the authority of the Village to deny the property owner the means to market the property on the basis of a potential future planning issue,the perpetual use of a temporary sign,and the fact that the sign being there permanently does not look good for either Hamilton Partners or the Village. The Board unanimously emphasized the fact that there is a serious concern with"temporary"signs that are becoming"permanent"signs. Moved by Berman,seconded by Braiman,to grant the appeal of the Zoning Board of Appeals' decision to deny the request of Hamilton Partners,300 Park Boulevard,Itasca,Illinois 60143,to extend the time limitation of the For. Rent, Sale, or Lease sign located in the Chevy Chase Business Park at the intersection of Lake Cook Road and Milwaukee Avenue to allow an additional time period of a one-year extension from tonight for temporary signage. Upon roll call,Trustees voted as follows: AYES: 3—Braiman,Berman,Rubin NAYS: 1 —Glover ABSENT: 2—Kahn,Trilling Motion declared carried. PUBLIC HEARING—TRUTH IN TAXATION President Hartstein called the Public Hearing to order at 8:09 P.M. and swore in Mr.Brimm to give testimony. Mr.Brimm made a presentation regarding the Tax Levy 2005 Truth in Taxation Hearing,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. In answer to a question from Trustee Braiman,Mr.Brimm confirmed that the Village has no control over these levies for pensions which are required by the State of Illinois in the form of unfunded mandates. Trustee Braiman stated that the Village must continue to be vigilant in dealing with our State legislators to be sure that they do not continue to impose these unfunded mandates on municipalities. Trustee Berman agreed with Trustee Braiman's comments,and noted that the levy is a gross levy,and abatements will be forthcoming at the December 19,2005 Regular Meeting. President Hartstein asked if there were any comments or questions from members of the audience or the Board; there were none. President Hartstein closed the Public Hearing at 8:22 P.M. 11696 12/05/2005 QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from members of the audience;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. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. There were no requests to remove any items from the Consent Agenda. Moved by Braiman,seconded by Glover,to approve the Consent Agenda. RESOLUTION No.2005-33—Corporate Personal Property Replacement Tax Motion to approve Resolution 2005-33 regarding Corporate Personal Property Replacement Tax Distribution— 2005. RESOLUTION No.2005-34—Private Activity Bond Volume Cap Motion to approve Resolution No.2005-34,transferring$3,900,000 of Private Activity Bond Volume Cap to the Village of Libertyville for Fabrication Technologies,Inc., 1925 Enterprise Court,Libertyville,IL RESOLUTION No.2005-35—Unused Private Activity Bond Volume Cap Motion to approve Resolution No. 2005-35,ceding the 2005 unused Private Activity Bond Volume Cap of the Village of Buffalo Grove(including volume cap transferred from other Lake County Home Rule units)to Lake County. TOWN CENTER TIF ACCOUNTING Motion to approve the Town Center Tax Increment Allocation District annual accounting—bond year December 30, 2005 to December 30,2006. 900 CORPORATE GROVE DRIVE—Certificate of Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptance&Approval for 900 Corporate Grove Drive—Parking Lot Addition. PARKVIEW TOWNHOMES—Certificate of Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptance&Approval for Parkview Townhomes. 2200 MILLBROOK DRIVE(Eagle Test Systems)-Certificate of Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptance&Approval for 2200 Millbrook Drive(Eagle Test Systems). Upon Roll Call,Trustees voted as follows on the Consent Agenda: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. ORDINANCE#2005-75—SANITARY SEWER TREATMENT FEE Mr. Brimm briefly reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. 11697 12/05/2005 In answer to a question from Trustee Braiman,Mr.Brimm confirmed that this is not a Village proposal,but a proposal being made to the Village by the county;that none of the funds being collected will go to the Village;that the Village is simply collecting the funds on behalf of the county;and that the rate is actually lower by the Village collecting than if the county were collecting. Moved by Braiman,seconded by Berman,to pass Ordinance#2002-75,amending Section 13.04.290 of Title 13 of the Village of Buffalo Grove Municipal Code—Sanitary Sewer Treatment Fee, in accordance with the Village Board Meeting Agenda Item Overview. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. ORDINANCE#2005-76—TAXES Moved by Braiman,seconded by Berman,to pass Ordinance#2005-76,an ordinance for the levy and collection of taxes for the fiscal year commencing on the 1st day of May, 2005 and ending on the 30th day of April,2006 in an amount not to exceed$11,407,442.50 in accordance with the memorandum dated October 31,2005. Trustee Berman pointed out that all but$54,000 of the total increase in the levy is related to pensions,over which the Village has no control,and also that these numbers are still subject to abatement. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. ORDINANCE#2005-77—MUNICIPAL CODE Mr.Balling briefly reviewed the proposed ordinance. Moved by Glover,seconded by Berman,to pass Ordinance#2005-77,amending Chapter 8.24,Nuisances and Miscellaneous Health Laws,of the Village of Buffalo Grove Municipal Code. Mr.Raysa and Mr.Brimm then answered questions from the Board,with Mr.Raysa stating that he has reviewed the proposed ordinance and finds it to be acceptable. Trustee Berman emphasized that it is the affirmative duty of the homeowner to clean up and maintain any property that may be adjacent to properties within a water course. However,he would caution staff to proceed cautiously in working with homeowners so that the Village will not appear to be acting unfairly. Mr.Brimm confirmed that the Village is working very hard on a positive education campaign. Moved by Berman,seconded by Glover,to defer action on this item until later on in the meeting in order to give Mr. Raysa time to prepare proper language to address Board concerns. At 9:01 P.M.,Mr.Raysa returned with the proposed language to be inserted. Trustees Glover and Berman accepted the language proposed by Mr.Raysa. Upon roll call,Trustees voted as follows on the amended motion: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. 1 11698 12/05/2005 RESOLUTION#2005-36—TAXES(COOK COUNTY) Mr.Balling briefly explained the proposed resolutions,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Brimm. Moved by Braiman, seconded by Berman,to pass Resolution#2005-36,requesting the County of Cook not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. RESOLUTION#2005-37—TAXES(LAKE COUNTY) Moved by Braiman,seconded by Glover,to pass Resolution#2005-37,requesting the County of Lake not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove,details of which are contained in the Village Board Meeting Agenda Item that he prepared. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. RESOLUTION#2005-38—WHITE PINE TRAIL Mr.Balling reviewed the proposed resolution. Moved by Braiman, seconded by Glover,to pass Resolution#2005-38, approving a Design Engineering Services Agreement for the White Pine Trail(Bernard Drive south to Lions Park)Improvement Project,including a waiver of bid,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Brimm. Trustee Berman noted that the size and nature of this project make the bid waiver appropriate,and he confirmed with staff that this does not presuppose any action by the Village in connection with White Pine north of Bernard or the area that runs along the back of the Alcott Center. In answer to a question from Trustee Braiman,Mr.Balling noted that this action does not mean that the Board is approving the project,but merely approving the engineering study. Trustee Braiman stated that he is not generally in favor of bid waivers,but the reason for this is primarily because of the work this group has previously done on this project and their familiarity with it,as well as the cost. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. RESOLUTION#2005-39—FIRE DEPARTMENT AGREEMENT Chief Sashko briefly reviewed the proposed Lake and McHenry Counties Fire Departments Specialized Response Teams Agreement,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Moved by Berman, seconded by Rubin,to pass Resolution#2005-39,approving the Lake and McHenry Counties Fire Departments Specialized Response Teams Agreement,attached. Upon roll call,Trustees voted as follows: 11699 12/05/2005 AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. 2006 FINE ART FESTIVAL Mrs.Neukirch reviewed the proposed letter of understanding,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Trustee Berman confirmed that the festival will remain essentially the same as in the past. Moved by Braiman,seconded by Berman,to approve the Letter of Understanding for the 2006 Buffalo Grove Invitational Fine Art Festival. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. GOLF BUDGET PRESENTATION—CALENDAR YEAR 2006 Mr.Balling introduced the presentation of the budgets for the Buffalo Grove Golf Club and Arboretum Golf Course for calendar year 2006. Mr.Anderson reviewed the revenue and expenses for the Buffalo Grove Golf Club and for the Arboretum Golf Course. After each presentation,he and Mr.Molinaro answered questions from the Board. Trustees Braiman and Berman both thanked and commended both gentlemen for putting together a good budget. It was also noted that the main challenge this year is to market the Arboretum so that there is a growth in paid rounds. The budget will be brought back before the Board on December 19,2005 for acceptance. CAPITAL IMPROVEMENT PLAN Mr.Anderson reviewed the FY 2006-2007 through FY 2010-2011 Capital Improvement Plan,which contains all projects identified as part of the update of the Village's Capital Improvement Plan for the five-year period beginning May 1,2006 and ending April 30,2011. Pending Village Board approval,those projects identified for FY 2006- 2007 will be incorporated into the upcoming annual operating budget. The CIP is intended to be a decision-making tool for both staff and the Board to weigh the operational need for capital requests against the ability of the Village to finance those projects. It was emphasized that approval of this document tonight does not constitute specific approval of each of the projects contained within the CIP. Each project will be brought back in future budgets so that they may be individually reviewed in the context of whatever economic conditions will allow. Trustee Braiman confirmed that approval of the CIP does not mean that any particular project is approved or accepted. Trustee Berman stated that he believes the expansion of the Public Service Center should be deferred for possibly several years. Staff answered questions from the Board. 11700 12/05/2005 EXECUTIVE MEETING Moved by Braiman, seconded by Glover,to move to Executive Meeting to discuss Personnel. Upon roll call, Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Rubin NAYS: 0—None ABSENT: 2—Kahn,Trilling Motion declared carried. `/ The Board moved to Executive Meeting from 9:48-10:30 P.M. ADJOURNMENT Moved by Berman,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:30 P.M. . Sirabian,Village Clerk APPROVED BY ME THIS ?q DAY OF /G02/K?1 w 2005 06/1", Village President (