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.
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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.
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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.
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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:
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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
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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
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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.
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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
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