1981-08-03 - Village Board Regular Meeting - Minutes 5888
8/3/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 3, 1981 .
President Clayton called the meeting to order at 7:30 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Moved by Harstein, seconded by Marienthal , to appoint Carol CLERK PRO TEM
Hennenfent Clerk Pro Tem in the absence of the Village Clerk.
Upon voice vote the motion passed unanimously.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal , Stone, O ' Reilly, Hartstein, Gerschefske,
Schwartz. Also present were William Balling, Village Manager;
William Raysa, '.pillage Attorney; William Brimm, Finance Director;
Frank Hruby, Director of Building and Zoning; Richard Kuenkler,
Village Engineer; Gregory Boysen, Director of Public Works; Paul
Kochendorfer, Village Treasurer; and Wayne Winter, Fire Chief.
Moved by O' Reilly, seconded by Gerschefske, to approve the APPROVAL OF
minutes of the July 20, 1981 Regular Meeting. Upon roll call , MINUTES '7i20/81
Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal , seconded by O'Reilly, to approve the APPROVAL OF
minutes of the July 27, 1981 Special Meeting. Upon roll call , MINUTES 7/27/81
Trustees voted as follows :
AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein , Schwartz
NAYES : 0 - None
ABSTAIN: 1 - Gerschefske
Motion declared carried .
Village Treasurer Paul Kochendorfer read Warrant #459. Moved WARRANT #459
by Marienthal , seconded by Stone, to approve Warrant #459 in
the amount of $373,214.32 authorizing payment of bills listed.
Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein ,
Gerschefske, Schwartz
NAYES: 0 - None
Motion declared carried.
Trustee O' Reilly suggested that each Board member have a copy
of the Chart of Accounts to assist them in evaluating the warrant .
President Clayton read a Certificate of Appreciation for CERTIFICATE OF
retiring Community Blood Donor Commissioner Lorraine Aument APPRECIATION
thanking her for all her time and effort put forth on this
Commission.
President Clayton read a Certificate of Appreciation for CERTIFICATE OF
retiring Zoning Board of Appeals member Paul Schroeder APPRECIATION
5889
8/3/81
thanking him for his time and effort put forth serving on
this Board.
President Clayton established the date of Tuesday, September 8, FAU PUBLIC
1981 as the date of the FAU Public Hearing for the Buffalo HEARING
Grove Road, (Lake-Cook Road to Aptakisic Road) Street Improve-
ment with Trustee Stone as the hearing officer.
President Clayton appointed Clarke L. Walser to the Fire and FIRE AND POLICE
Police Commission for a term of office to expire April 30, COMMISSION
1984. Moved by Hartstein, seconded by O 'Reilly, to concur APPOINTMENTS
with the President 's appointment. Upon voice vote, the motion
passed unanimously. Mr. Walser was present and was recognized
by the Board.
President Clayton appointed Kenneth D. Hartman to the Fire and
Police Commission for a term of office to expire April 30, 1983.
Moved by O'Reilly, seconded by Hartstein, to concur with the
President 's appointment. Upon voice vote, the motion passed
unanimously.
Mr. Raysa briefly explained to the Board H.B. 1048, Public TRUTH IN
Act 82102, known as the Truth in Taxation Bill . TAXATION BILL
Trustee Gerschefske noted the filing of the Police Pension POLICE PENSION
Fund Annual Report prepared by Mr. Brimm. There were no FUND ANNUAL
questions on this report. Moved by O'Reilly, seconded by REPORT
Gerschefske, to accept the filing of this report. Upon
voice vote, the motion was passed unanimously.
Trustee Gerschefske noted the filing of the Fire Pension FIRE PENSION
Fund Annual Report prepared by Mr. Brimm. There were no FUND REPORT
questions on this report. Moved by Marienthal , seconded
by O'Reilly, to accept the filing of this report. Upon
voice vote, the motion was passed unanimously.
Trustee O 'Reilly noted the filing of the Fire and Police FIRE & POLICE
Commission Annual Report. There were no questions on this COMMISSION
report. Moved by O 'Reilly, seconded by Marienthal , to accept ANNUAL REPORT
the filing of this report. Upon voice vote, the motion was
passed unanimously.
Mr. Balling brought the Board up-to-date on the Green Knolls GREEN KNOLLS
v Subdivision North Phase drainage problem on Ronnie and Caren SUBDIVISION
Drive stating that the Village has generated an evaluation (drainage &
letter of that area to Levitt Inc. dated July 22 and did weed problem)
receive a reply dated July 31 , 1981 (which is on file in
the Clerk 's office) which responds to the points raised in
Mr. Kuenkler's letter drawing attention to Item 12 of the
response letter which is not a complete response from Levitt.
They have indicated that the drainage condition which exists on
Lots 213-233 and Lots 228-233 is being presently studied by Mr.
Elliott Wiener of Levitt who will determine the disposition of
this matter. Mr. Kuenkler stated that it is Levitt 's contention
5890
8/3/81
that the area was designed according to plan; that they have
documentation to support this; and that they will supply the
Village with this information .
Mr. Bernard Fishman , George Georgacopulos, Jack Soloway and
Larry Kramer, residents of the area in question, were present
to express their concerns about Levitt not correcting the
drainage problem and weeds not being cut creating health
hazards . The residents presented various lettersto the Board
from Levitt stating that there is a problem and that it will
be corrected in the future.
Mr. Balling stated that there is not any contention that the
drainage problem does exist ; it is who is responsible.
Discussion followed reference the procedure the Village
follows to ascertain whether a developer has completed grading
in accordance with the plan submitted, compliance with Village
Ordinances, calling in of the bonds , setting a time for completion,
and the weed problem (which Levitt has said they will comply with
cutting) .
President Clayton polled the Board "Yes" indicates favor of
notifying Levitt to correct the drainage situation; that we
wish for them to comply with the drainage problem within 30
days ; that we wish for the weed ordinance to be complied with;
and that we will take appropriate action in having it done and
charging back in the event it is not completed within 30 days;
"No" indicates opposition :
YES: Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NO : None
Staff will notify Levitt.
Mr. Balling stated that the attorneys for the Devonshire DEVONSHIRE
Development Corporation have indicated that due to a variety
of circumstances that the subdivider is unable to produce
a maintenance bond which is a requirement ; that they have
proposed that in lieu of a maintenance bond that an agreement
be reached wherein the Village would have access to the sale
of four remaining subdivided lots within the development should
monies be needed to provide maintenance activities . Admin-
istrative Order #2 provides for only two forms of guarantee,
one being a bond and the other being a Letter of Credit. Mr.
Balling, Mr. Raysa , and Devonshire's attorneys have been
working together and can produce an acceptable document for
the Village, but the form of security would be in the terms
of access to an improved lot and the cash derived from the
sale of the lot would be the monies to provide the maintenance
element. The other alternative would be to insist upon the
maintenance bond which they have indicated is not possible.
The Board would rather not get into the real estate business ,
but feels this is one way to protect the Village. It was
suggested that built into the agreement should be that
additional staff time expended be recouped so that the residents
do not have to pay for the short comings of the developer. Mrt
Boysen stated that he is not anticipating any problems with this
development .
C,,
5891
8/3/81
President Clayton polled the Board, "Yes" would indicate favor
of a land agreement as described by Mr. Balling; "No" would
indicate opposition:
YES : Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NO: None
Mr. Balling stated that staff would have the agreement ready for
Board consideration on August 17, 1981 .
Trustee Marienthal stated that last Wednesday evening he FORSYTHE HOUSE
made a presentation before the Indian Trails Library where
they didreview the possibility of using the Forsythe House
very favorably and that it could be used in conjunction with
other groups . ife felt this is a positive step in the right
direction.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience and Ms. Gloria Lorenz of 318 Windsor Drive along THE AUDIENCE
with several of her neighbors residing on Windsor Drive, (Vandalism)
expressed their concern of the vandalism which has been
occuring on their street; i .e. mail boxes being run over
by automobiles , lawns being damaged , shrubbery damaged,
etc. They expressed their concern about their safety and
the safety of their families . Mr. Balling stated that the
Village and the Police Department are mindful of the situation
and that he would review the situation with the Chief of Police
and advise the residents of his findings.
Mr. Raysa stated that he has directed staff to not codify CABLE TV
the enabling ordinance reference Cable TV but to have them ORDINANCES
listed in the numberical listing in the back of the code
book. They are very lengthy and will not be used on a
regular basis . This was satisfactory to the Board.
President Clayton explained the Consent Agenda and stated CONSENT AGENDA
that any member of the Board or the audience could request
that an item be removed for full discussion . There were no
such requests.
Moved by Marienthal , seconded by O'Reilly, to pass Ordinance ORDINANCE #81-42
#81-42, An Ordinance amending Ordinance #81-18, Enabling CATV
Ordinance Providing Specifications for CATV. Pursuant to
the Village Board's direction on 7-27-81 , the amendments to
Ordinance #81 -18 have been incorporated in this ordinance
for Board consideration. Upon roll call , Trustees voted
as follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein , Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
5892
8/3/81
Moved by Marienthal , seconded by O' Reilly, to pass Resolution RESOLUTION #81 -38
#81-38, A Resolution authorizing the establishment of school -
speed zones and designating pedestrian school routes
(Pritchett School ) . The Department of Public Works Engineering
section has completed their analysis of the safety requirements
for pedestrians in conjunction with the opening of Pritchett
School . Recommendations are made with respect to signage and
the pedestrian control pursuant to that study which are contained
in the resolution. Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal , seconded by O ' Reilly, to pass Resolution RESOLUTION #81 -39
#81 -39, A Resolution authorizing the execution of the Sanitary
Sewer Evaluation Study Grant Application. Pursuant to the
Village Board's direction, upon the acceptance of the Donohue
and Associates report and recommendation, a grant should be
executed to move the sanitary sewer evaluation project along
to its next phase. Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal , seconded by O' Reilly, to accept the Plan SCHWABEN CENTER
Commission recommendation for the change in plan of development Change in Plan of
for the Schwaben Center. The Plan Commission recommends a Development
minor change in the development plan for the Schwaben Center
on Weiland Road in Buffalo Grove. Upon roll call , Trustees
voted as follows:
AYES : 6 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal , seconded by O' Reilly, to approve the WESTWOOD SUB-
modification in the landscape covenant for the Westwood Sub- DIVISION
division buffer. The Village Attorney has approved the form (Landscaping
of the landscape covenant amendment which will be recorded by Buffer)
the property owners and is pursuant to the direction of the
Village Board. Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein , Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal , seconded by O'Reilly, to authorize AUTHORIZE BIDDING
the bidding for FY 81 -82 Tree Replacement Program. Fiscal (Parkway Trees)
81-82 budget provides for a parkway tree replacement program.
Upon roll call, Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein , Gerschefske
Schwartz
NAYES: 0 - None
Motion declared carried.
i
V
I
I
i
I
i
I
i
i
V
5893
8/3/81
Moved by Marienthal , seconded by O 'Reilly, to authorize AUTHORIZE BIDDING
the bidding for FY 81-82 Sidewalk Replacement Program. Fiscal Sidewalk Replace-
81 -82 budget provides for a sidewalk replacement program. Upon ment)
roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske,
Schwartz
NAYES : 0 - None
Motion declared carried.
Moved by Marienthal , seconded by O' Reilly, to authorize AUTHORIZE BIDDING
the bidding for FY 81-82 roofing repairs to public buildings . (Roofing repairs
Fiscal 81 -82 budget provides for roofing repairs on various to public bldgs .)
municipally owned buildings . Upon roll call , Trustees voted
as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske,
Schwartz
NAYES : 0 - None
Motion declared carried.
Moved by Marienthal , seconded by O'Reilly, to accept the GROVE TERRACE
Appearance Commission recommendation reference the Grove CONDOS
Terrace Condos architecture, materials, landscaping and colors . (Aesthetics)
The Appearance Commission recommends the approval of the
various aesthetics concerning the Grove Terrace Condos .
Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein , Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
Trustee O'Reilly requested the removal of the Personnel FIRE & POLICE
Officerfrom Ordinance #81-1 , stating her reasons being COMMISSION
that there has been a communications problem with the Commission ORGANIZATION
and with the Board and felt the Personnel Officer did not improve -
the situation. She proposed the removal of the formality of the
personnel officerin the ordinance and instead have a staff person
as liaison to the commission . She further proposed an evaluation
or an accounting in six months of the working between the commission,
the Board and the staff.
Moved by O' Reilly, seconded by Marienthal , to direct the Village
Attorney to prepare an ordinance amending Ordinance #81-1 to
remove the third sentence of Section 2.28-030 and add a sentence
at the end of the paragraph that a staff person will be appointed
by the Village Manager to act as liaison or resource person to
\./ the Commission.
President Clayton recognized Kenneth Hartman, the newly appointed
Fire and Police Commissioner.
Discussion followed on the responsibilities of the personnel
officer, the concept of the ordinance as written now and reasons
it is not working, a less formal and less rigid description of
the person to serve as liaison and the possibility of the same
problems existing.
5894
8/3/81
Mr. Joe Spiner, Chairman of the Fire and Police Commission stated
that he feels the way the revision is worded that this should
alleviate the problem; that the liaison should be a resourse
person that makes recommendations to the commission.
Trustee O'Reilly stated that the personnel officer is a member
of the commission ; therefore, entitled to all of their records
that are not entitled to anyone else; she sees a problem with
�•/ items listed under the job description of the personnel officer
and feels that the informality of being a liaison will let the
commission , staff and the Board start with a clean slate and
work out the various routes of communication.
Upon roll call on the motion , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
President Clayton declared a recess from 8:55 P.M. to 9:05 P.M. RECESS
President Clayton recognized Dr. Stanley Zydlo, Director FIRE DEPT.
of the Mobile Emergency Care at Northwest Community Hospital , OPERATING POLICIES
who presented a slide presentation on how the ambulance (Ambulance
transport system works and updated the Board on the Reilly Transport)
bill . In response to questions from the Board, Dr. Zydlo
stated the purpose of mobile intensive care is to provide
emergency care with no abuses to the system. An ambulance
will respond to a resident's request but not transport unless
it is critical . Dr. Zydlo thanked the Board for their continuing
support of the program. Trustees Marienthal and O'Reilly
complimented Dr. Zydlo, the hospital , and the paramedics for
the excellent job that is being done.
In response to a question from Trustee O 'Reilly that since (Private Ambulance)'.
we do not transport some residents to the hospital that there
is a need for private ambulance service for residents , could
the paramedics carry within our ambulances a listing of private
services available, Chief Winter stated that there is a listing
within all our ambulances of approved ambulance companies ;
that we have an obligation to turn over patients to similar care
units ; and that we cannot downgrade what has been started. Dr.
Zydlo stated that part of his responsibilities is that he must
make sure that private ambulances provide the same service and
�•/ timing as our ambulances .
In response to a question from the Board, Chief Winter stated
that he feels it is not a potential conflict of interest for
Buffalo Grove employees who are paramedics working for a private
ambulance service. He feels it is a natural thing for them to
do if they want to get a part-time job, to get a job in the
field you are most highly qualified. Mr. Balling stated that
the Village gets two advantages out of that program, one is that
our paramedics get additional exposure to trauma and two that
the residents who use the private conveyance get as good a
treatment as our paramedics can provide.
5895
8/3/81
Trustee O' Reilly proposed an amendment to Chapter 2.50.030, (Residency)
which is the residency requirement for full-time members ,
asking that in addition to showing the three mile radius from
the corporate limits , to include residency by the end of the
probationary period as established by the Fire and Police
Commission rules and regulations . Always the probationary
period is one year from time of employment, but she questions
if in the future we get to the point of hiring non-trained
firefighter-paramedics that the probationary period would
not be extended allowing for their training and therefore
feels that this proposal would handle both situations.
Moved by O 'Reilly, seconded by Stone, to direct the Village
Attorney to prepare an ordinance amending Chapter 2.50.030
to include residency by the end of the probationary period
as established by the Fire and Police Commission rules and
regulations .
Discussion followed reference additional time may be needed
to evaluate a person beyond the one year probationary period;
unforeseen circumstances that may arise that would require
12 to 15 additional people immediately for a new service;
that our goal is Village residency; changing the ordinance
and then having to revise again.
Upon roll call on the motion, Trustees voted as follows :
AYES: 5 - Marienthal , Stone, O'Reilly, Gerschefske, Schwartz
NAYES : 0 - None
ABSTAIN: 1 - Hartstein
Motion declared carried.
Mr. Balling stated that a request has been received from Mr. SIGN INSPECTION
John Cernan to speak before the Board on our sign inspection PROGRAM
policy and procedure; that Mr. Hruby and Mr. Griffin are in
attendance from the Building and Zoning Department to explain
to the Board the fees for sign inspection; that the function
of the Buffalo '''rove sign code was established to provide for
an inspection for the maintenance and safety elements of signs ;
and that the initial program was completed in 1980 and we are
in the second year of the program. He further stated that
following the first year the Village was requested and did
review the overall fee structure once the administrative
apparatus was in place and a recommendation was made to the
Board that the fee be collected on a bi -annual basis with.
inspections provided as needed or annually thus reducing
the cost of the inspection in half.
Mr. Cernan, President of Educational AidsatPlaza Verde Shopping
Center stated that he objects to the way the sign inspection was
done; that $21 .00 is an outrageous amount of money for an
inspection that took less than a minute; that he does not feel
the ordinance in any way protected anyone; and is not sure the
man going around doing the inspection has the right or experience
to do so. He feels the inspector should have special credentials
to entitle him to do this type of work. He also feels the option
the merchants have would be to take legal action against the Village.
5896
8/3/81
Mr. Hruby stated that he has talked many times with Mr. Cernan
and reviewed the policies and procedure with him. Mr. Hruby
then explained and reviewed the program for the Board stating
that all signs had to be located, permits issued and original
drawings had to be reviewed; that an inspector does not have to
be certified or registered and that our inspectors have prior
experience in that field; and that through his experience and
training an inspector can look at a sign and see if it appears
to be structurally sound.
Mr. Cernan stated that he has paid for a sign permit, paid for
a business license to do business in the Village and has met the
criteria of the Village and is now being asked to pay for something
else.
In response to a question from President Clayton , Mr. Balling
stated that each business throughout the Village had received
a letter notifying them of this inspection; that the court
situation occurred only after two or three notification letters
were sent; that the Village had two options - one not to reissue
the business license and the other to enforce the ordinances of
the Village. He feels they are proper ordinances and that
discretion is exercised on how they are enforced.
Discussion followed reference the sign ordinance having no
meaning without an inspection program; the Village's responsibility
to protect the health, welfare and safety of the residents ; whether
approximately $3,000 a year in fees was worth alienating businessmen;
enforcement of the Village ordinances; the program paying for itself;
and the aesthetics involved.
President Clayton polled the Board , "Yes" would indicate favor
of considering a reduction in the annual sign inspection fee;
"No" would indicate opposition:
YES: O' Reilly
NO: Marienthal , Stone, Hartstein, Gerschefske, Schwartz
Moved by Stone, seconded by Marienthal , to adjourn to executive ADJOURNMENT
session to dsicussion litigation. Time: 10: 15 P.M.
Carol M. Hennenfent, Clerk Pro m
APPROVED BY ME THIS /9 DAY
OF � , 1981 .
Village President