1981-07-27 - Village Board Special Meeting - Minutes 5885
7/27/81
MINUTES OF A SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS , VILLAGE HALL, JULY 27, 1981 .
President Clayton called the meeting to order at 7:35P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President ROLL CALL
Clayton, Trustees Marienthal , Stone, O' Reilly, Hartstein ,
and Schwartz. Trustee Gerschefske was absent. Also present
were William Balling, Village Manager; William Raysa, Village
Attorney; William Sommer, Assistant Village Manager; William
Brimm, Finance Director; James Truesdell , Village Planner;
Gregory Boysen, Director of Public Works ; and Richard
Kuenkler, Village Engineer.
President Clayton announced that bids for the bridge over LAKE-COOK ROAD
the slough on Lake-Cook Road will be opened on August 5,
1981 .
Mr. Balling noted the filing of the Administrative ADMINISTRATIVE
Activities RePOrtfor June, 1981 . There were no ACTIVITIES REPORT
questions on same.
President Clayton asked if there were any questions from QUESTIONS FROM
the audience. There were none. THE AUDIENCE
Mr. Raysa stated that , at last Monday's meeting, the Board ORDINANCE #81 -41
had directed him to research some of the case law regarding (Cable TV)
the word "substantial". The case law in this area basically
states that a court decision will be made on a case-by-case
basis, depending on what is involved; also depending on the
circumstances attending the breach of the contract, the
intention with which the breach was committed, and the
effect upon the other party. Mr. Raysa had a discussion
with the local counsel for Warner-Amex; this discussion
was related to Mr. Sommer, and is summarized in Mr. Sommer's
memo of July 27, 1981 . Mr. Raysa is agreeable with points #1
and #2 in Mr. Sommer 's memo of July 27th.
Regarding the words "substantial" and "substantially" in
Section 6 of the enabling ordinance, Mr. Raysa thinks, as
the Village Attorney, that the Village would be in a better
position if those words were not put back into the Ordinance.
If the words were not in there, and the Village tried to revoke
the franchise, it is Mr. Raysa 's opinion that the Village would
end up in court ; he believes the Village would have a better
position in court if the words were not included. Mr. Raysa
believes it would be the position of any Board that there would
have to be a substantial violation before a franchise would be
revoked. Trn.
5886
7/27/81
Mr. Raysa referred to Section 6, A. (2.) on page 32, stating
that the original draft had the following phrase at the end
of the paragraph: "and the exercise of its police power". Mr.
Raysa stated that the franchisee would cover that certain area
as far as rights reserved for the franchisee.
Mr. Raysa did state that he does think that the language gives
some direction as to what the Village considers substantial ,
I ` which is covered at the top of page 2.
Mr. Jim Lennon, attorney for Warner, stated that they have not
come up with a definition of "substantial", but they have set
forth some examples that could call for revocation. Discussion
took place regarding the removal of the word "substantial " but
leaving in the word "substantially".
President Clayton polled the Board: "Yes" indicates favor,
as just discussed, of removing out of Section 6, the first
"substantial" leaving in "substantially", and striking "by
way of example"; "No" indicates opposition:
YES: Marienthal , Stone, O' Reilly, Hartstein , Schwartz
NO: None
ABSENT: Gerschefske
Mr. Balling stated that the above action would require an
amendment to Ordinance #81-18, which could be considered next
week.
There was then discussion of the "police power" wording on
page 32, Section 6. Mr. Raysa stated there had been discussion
on this previously; there were three alternatives suggested:
1 . Deleting "in its police power"
2. Inserting "pertaining to its local governmental affairs"
3. "to protect the health, safety, and welfare of its inhabitants"
Mr. Raysa stated that the greatest authority the Village could
have would be the Home Rule authority (alternative #2) ; however,
"to protect the health, safety, and welfare of its inhabitants"
is a little bit broader than "police power", and is what he
recommends. Mr. Lennon stated that they were agreeable to "to
protect the health, safety, and welfare of its inhabitants".
President Clayton polled the Board: "Yes" indicates favor of the
language changes ( Items #1 and #2) outlined in Mr. Sommer's memo
dated July 27, 1981 ; "No" indicates opposition:
YES : Marienthal , Stone, O' Reilly, Hartstein, Schwartz
NO: None
ABSENT: Gerschefske
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7/27/81
Mr. Balling stated that the Ordinance could be passed
tonight , subject to the above conditions.
Moved by Stone, seconded by Hartstein, to pass Ordinance
No. 81 -41 , accepting a Franchise Agreement for Cable
Television Communications Services between Warner-Amex
and the Village of Buffalo Grove, subject to the changes
discussed this evening. Upon roll call , Trustees voted
as follows :
AYES : 4 - Marienthal , Stone, Hartstein, Schwartz
NAYES : 1 - O'Reilly*
ABSENT: 1 - Gerschefske
Motion declared carried.
*Trustee O'Reilly asked that the record show that she voted
against this Ordinance because there are not program standards
accompanying it.
Mr. Norm Kellogg, Vice President of System Development, stated
that Warner looks forward to working with Buffalo Grove, and
gave special thanks to Bill Sommer, Bill Raysa and Steve Stone
for all of their hard work.
Moved by O'Reilly, seconded by Stone, to adjourn the Special ADJOURNMENT
Meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 8:05 P.M.
Jane M. Sirabian, Village Clerk
APPROVED BY ME THIS 3xd.- DAY
OF c � u , 1981 .
Village President