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1991-05-06 - Village Board Regular Meeting - Minutes 8100 5/6/91 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MAY 6, 1991 President Mathias called the meeting to order at 7:31 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President ROLL CALL Mathias: Trustees Marienthal, Reid, O'Malley, Kahn and Rubin. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Fire Chief Allenspach; and Joseph Tenerelli, Village Treasurer. Moved by Kahn, seconded by Reid, to approve the minutes of APPROVAL OF the April 22, 1991 Special Meeting. Upon roll call, MINUTES Trustees voted as follows: AYES: 5 - Marienthal, Reid, O'Malley, Kahn, Rubin NAYES: 0 - None Motion declared carried. Moved by Reid, seconded by Kahn, to approve the minutes of the April 29, 1991 Committee of the Whole meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, O'Malley, Kahn, Rubin NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to approve the minutes of the April 30, 1991 Committee of the Whole meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, O'Malley, Kahn, Rubin NAYES: 0 - None Motion declared carried. Mr. Tenerelli read Warrant #693. Moved by Reid, seconded WARRANT #693 by Kahn, to approve Warrant #693, in the amount of $670,245.86, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, O'Malley, Kahn, Rubin NAYES: 0 - None Motion declared carried. President Mathias noted that the proposed resolution RESOLUTION commending Barbara Sheldon would be deferred until the DEFERRED '"" next meeting. 8101 5/6/91 President Mathias read a Proclamation recognizing the week PROCLAMATION of May 5-11, 1991 as Municipal Clerk's Week in the Village (Municipal Clerk's 6m, of Buffalo Grove. Week) President Mathias read the proposed resolution honoring RESOLUTION #91-49 Robert Back for his service to the Village of Buffalo (Robert Back) Grove Police Pension Fund. Moved by Marienthal, seconded by Reid, to pass Resolution #91-49, commending Robert Back for service to the Village, 1973-91. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, O'Malley, Kahn, Rubin NAYES: 0 - None Motion declared carried. Trustee Marienthal asked for an update as to when the LIBRARY DONATION/ staff perceives coming back to the Board regarding the FIRE IMPACT FEE Library Donation ordinance and the Fire Impact Fee. Mr Balling stated that he had planned to do this the first or second week in June, after the Strategic Planning Session to be held by the Board. After discussion, President Mathias polled the Board: "YES" indicates favor of staff presenting this report at the May 20, 1991 Regular Meeting; "NO" indicates favor of deferring this item until after the Strategic Planning �... Session is held: YES: Marienthal, O'Malley NO: Reid, Kahn, Rubin The matter will be brought back to the Board after the Strategic Planning Session. Trustee Rubin commented on repair work on Chaucer Way. CHAUCER WAY The Village Clerk reported on the trees that were ARBOR DAY prepared and distributed to local schools for Arbor Day by (Student the Student Government Day participants; she also thanked Government) Ray Rigsby and the Public Works employees for their extra effort in helping the students. Mr. Balling reported that the Village of Wheeling has ANNEXATION filed suit against the Village of Buffalo Grove challenging the authority of the Village to annex the 22 acres of property north of Lake Cook Road and east of Weiland Road. A full briefing for the Board will be available at the May 20, 1991 Regular Meeting. President Mathias administered the oath of office to OATH OF OFFI �- Jeffrey Braiman, to fill the Trustee vacancy created by JEFFREY BRAIMAN President Mathias' election to the office of Village President. 8102 5/6/91 Trustee Braiman was congratulated by the audience and the Board. 6.111 Fire and Police Commissioner Harvey Morowitz briefly FIRE DEPARTMENT reviewed the promotion process; he then swore in PROMOTIONS Firefighters Robert Deau, Jr. , Gary Belfield, Daniel Pearson and Alfred Cantwell to the rank of Lieutenant in the Buffalo Grove Fire Department. The newly promoted Lieutenants were then congratulated by the audience and the Board. Fire Chief Allenspach swore in Fire Lieutenant Paul Tierney to the rank of Captain. Captain Tierney was also congratulated by the audience and the Board. President Mathias asked if there were any questions from QUESTIONS FROM THE the audience; there were none. AUDIENCE President Mathias explained the Consent Agenda, stating CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion; there were no such requests. Moved by Kahn, seconded by Marienthal, to pass Ordinance ORDINANCE #91-52 #91-52, Concerning the Payment of Prevailing Wages for (Prevailing Wages) construction of Public Works within the Village of Buffalo 6... Grove. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Marienthal, to pass Ordinance ORDINANCE #91-53 #91-53, Authorizing the Disposal of Surplus Village (Disposal of Surplus Personal Property. Upon roll call, Trustees voted as Village Property) follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Marienthal, to pass Resolution RESOLUTION #91-50 #91-50, Expressing Appreciation to Buffalo Grove area (Appreciation to residents for their military service in the liberation of military) Kuwait. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None ~"' Motion declared carried. 8103 5/6/91 Moved by Kahn, seconded by Marienthal, to Proclaim the PROCLAMATION week of May 19-25, 1991 as Notional Public Works Week in (National Public the Village of Buffalo Grove. Upon roll call, Trustees Works Week) voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None. Motion declared carried. Moved by Kahn, seconded by Marienthal, to Proclaim the (PROCLAMATION week of May 5-11, 1991 as National Drinking Water Week in (National Drinking the Village of Buffalo Grove. Upon roll call, Trustees Water Week) voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None. Motion declared carried. Moved by Kahn, seconded by Marienthal, to approve an RIVERWALK Easement Disclaimer - Riverwalk Unit 1. Upon roll call, (Easement Trustees voted as follows: Disclaimer) AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None. ...� Motion declared carried. Moved by Kahn, seconded by Marienthal, to approve the BG COMMERCE CENTER Certificate of Final Acceptance and Approval - Buffalo (Final Acceptance & Grove Commerce Center Lot 5. Upon roll call, Trustees Approval) voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None. Motion declared carried. Moved by Kahn, seconded by Marienthal, to approve a ARBOR CREEK Development Improvement Agreement and a Plat of Easement - (DIA & Plat of Arbor Creek Business Centre Lot 27. Upon roll call, Easement) Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Marienthal, to accept the POLICE PENSION Police Pension Fund FY 1990-91 Annual Report. Upon roll FUND ANNUAL REPORT call, Trustees voted as follows: 8104 5/6/91 AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None. Motion declared carried. Moved by Kahn, seconded by Marienthal, to accept the Fire FIRE PENSION FUND Pension Fund FY 1990-91 Annual Report. Upon roll call, ANNUAL REPORT Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Marienthal, to approve the BG PARK DISTRICT Swimming Pool Fee Waiver for Buffalo Grove Park District. (Waiver of Fees) Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to pass Ordinance ORDINANCE #91-54 #91-54, establishing authorizing Appropriations for the (Appropriations Village of Buffalo Grove for the period May 1, 1991 Ordinance) through April 30, 1992; details of this item are contained i... in Mr. Brimm's memo to Mr. Balling of April 15, 1991. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Rubin, to pass an REAL ESTATE ordinance adding Chapter 3.32 to Title 3, Revenue and TRANSFER FEE Finance, to the Municipal Code, establishing a Real Estate Transfer Tax. Details of the proposed ordinance are contained in Mr. Brimm's memo to Mr. Balling of April 16, 1991. In answer to a question from Trustee Marienthal, Mr. Raysa commented on the difficulties which would be encountered if the tax applied only to new residents, and not to residents changing homes within the Village. Trustee Reid asked several questions regarding the proposed ordinance, which were answered by Mr. Balling. Trustee Reid stated that he believes $3.00 is too high; additional services are not being performed to warrant this fee; he does not get a clear picture of what will be done with the money when it is received; he is not 8105 5/6/91 comfortable with this fee. Trustee Braiman agreed that the $3.00 fee is too high; he would like to see more information regarding new construction versus resale; he does not believe that the matter of whether buyer or seller is responsible should be negotiable. In answer to a question from Trustee O'Malley, Mr. Balling stated that the Village needs to generate approximately $125,000 in revenue. Trustee O'Malley also believes the $3.00 figure is too high; he would like to see $2.00. Trustee Reid stated that it should be the responsibility of the seller to obtain the necessary documentation. It was the consensus of the Baord that more information is necessary. Larry Seigel, attorney, spoke in opposition to the proposed tax, stating, among other things, that when this was discussed during the budget hearing, it was understood that the Board was going to wait and see what was going to happen in Springfield with the income tax surcharge. Diane McMillan, realtor, stated that the real estate transfer tax is an inequitable tax, and suggested that a �.. sales tax would be more equitable. A realtor stated that this tax would eliminate the minimum budget buyer from purchasing in Buffalo Grove. Debbie Zemko, a realtor, stated that she believes public notice should have been given regarding this tax. A homeowner spoke in objection to the proposed tax, as it would place an unfair burden on homeowners. Another real estate agent stated that the real estate transfer tax was originally initiated in 1968 to defray the cost of maintaining property records; he stated that, in a survey conducted of candidates for public office, almost all of the candidates thought a real estate transfer tax was unfair. In answer to a question from Phyllis Rose, Mr. Balling reviewed the capital improvements projects identified in the next five years. Don Hedlund, a resident, wanted to go on record opposing the proposed tax because it is unfair and discriminatory. Delores Steffan stated that she believes the proposed tax is unfair because it is discriminatory; it is an 8106 5/6/91 unreliable tax; it is an inequitable tax; the tax will have a negative impact on senior citizens. President Mathias polled the Board: "YES" indicates favor of considering this ordinance tonight; "NO" indicates deferring consideration: YES: None NO: Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman President Mathias stated that the realtors, newspapers and cable would be notified when this item is on the agenda. Mr. Balling stated that any persons wishing to be notified should leave their business cards. Moved by Reid, seconded by Marienthal, to table the proposed ordinance. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Mr. Balling explained this item, details of which are LAKE COUNTY contained in Mr. Boysen's memo to him of May 2, 1991. PUBLIC WORKS In answer to a question from Trustee Reid, Mr. Balling L•• responded that repairs would be made by the Lake County Public Works, and they would then pay a consumption charge. Moved by Kahn, seconded by Reid, to approve a request from Lake County Public Works for a interconnect to the Buffalo Grove Water system in conjunction with improvements to the Des Plaines River Treatment Plant. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to authorize bid BUSCH PARKWAY for Busch Parkway sidewalk - Weiland Road to the Pace Park SIDEWALK 'n Ride facility, details of which are contained in Mr. Kuenkler's memo to Mr. Balling of April 24, 1991. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, O'Malley, Kahn, Rubin, Braiman NAYES: 0 - None Motion declared carried. 8107 5/6/91 Moved by Kahn, seconded by O'Malley, to adjourn the ADJOURNMENT meeting. Upon voice vote, the motion was unanimously `..� declared carried. The meeting was adjourned at 9:25 P.M. m .&1- .Q4t JaeM. Sirabian, Village Clerk APPROVED BY ME THIS „ DAY OF (Vl , 1991 laze d l cam'"