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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