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1981-11-16 - Village Board Regular Meeting - Minutes 5949 11/16/81 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS , VILLAGE HALL, NOVEMBER 16, 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. Roll call indicated the following present: President Clayton; ROLL CALL Trustees Marienthal , Stone, O' Reilly, Hartstein, and Gerschefske. Trustee Schwartz arrived at 9:25 P.M. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; James Doyle, Assistant Village Manager; William Brimm, Finance Director; Frank Hruby, Director of Building and Zoning; Gregory Boysen, Director of Public Works ; Richard Kuenkler, Village Engineer; James Truesdell , Village Planner; Carmen Molinaro, Director of Golf Operations ; and Paul Kochendorfer, Village Treasurer. Moved by O' Reilly, seconded by Gerschefske, to approve the APPROVAL OF minutes of the November 2 , 1981 Regular Meeting. Upon roll MINUTES call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. Mr. Kochendorfer read Warrant #467. Moved by Stone, seconded WARRANT #467 byGerschefske, to approve Warrant #467 in the amount of $296,615.74, authorizing payment of bills listed. Mr. Balling and Mr. Brimm answered questions from the Board regarding the Warrant. Trustee Hartstein related a concern relating to Vendor #059840. Mr. Hartstein stated that he could not vote for any expenditure which would authorize any payment of corporate funds to support the National Rifle Association. He requested that this item be deleted from the Warrant, or that the items be voted on separately. Trustee Marienthal stated that he shared Trustee Hartstein 's concerns . Trustee Stone stated that he would not amend his motion , as he sees nothing wrong with the Police Department having a subscription to the National Rifle Association magazine. Police Chief Walsh stated that he shares the same philosophical views as the Trustees who object to any payment to the National Rifle Association. However, the reason that the Police Depart- ment maintains membership in the National Rifle Association is because of certain benefits to the Police Department, specifically the certification of the Police Department members who are charged with being instructors in the police range and proficiency program. This ties in with the legal responsibility that Police officers be properly trained in the use of the firearms that they carry. To their knowledge, there is no one else that will certify them as instructors . There was discussion and opinion by Mr. Raysa as to the procedure to be followed on division of the question. 5950 11/16/81 In the interest of time, Trustee Stone stated that he would amend the motion to approve Warrant #467, minus the $25 payment to the National Rifle Association. Trustee O' Reilly seconded by amend- ment. Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O' Reilly, Hartstein , Gerschefske NAYES: 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by Stone, seconded by O'Reilly, to approve the $25 payment to the National Rifle Association. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O' Reilly, Gerschefske, President Clayton NAPES: 2 - Marienthal , Hartstein ABSENT: 1 - Schwartz Motion declared carried. President Clayton appointed George Krug to the Plan Commission PLAN COMMISSION for a term to expire April 30, 1983. Moved by Marienthal , APPOINTMENT seconded by O 'Reilly, to concur with President Clayton 's appointment. After discussion , the motion was unanimously declared carried by voice vote. President Clayton introduced Mr. Krug to the Board and stated that we looked forward to working with him. President Clayton read Police Commendations for Investigator POLICE DEPART- Russell Sauve, Officer Warneen Krueger, GSO James Dunne, MENT COMMENDA- Sergeant Stuart Parets , two commendations for Officer Edward TIONS Wagner, and Corporal Gary Wenckebach. Deputy Chief Voigt accepted the commendation for Investigator Sauve, but all other recipients were present and all were congratulated by the Board, as well as Police Chief Walsh and Deputy Chief Voigt. Mr. Balling noted the Six Month Financial Report for the SIX MONTH period ending October 31 , 1981 . This is a first-half FINANCIAL assessment of the fiscal pattern of the Village, and staff REPORT is pleased to report to the Board that staff is cautiously optimistic that the trending for the first half will reach total fruition in the full year, and that 1981/82 should be an excellent budget year. The present standing on all funds is that we are approximately 2. 17% above projections in revenues , and approximately 14% under in budget expenditures to date. Mr. Brimm's report to Mr. Balling on this subject dated November 10, 1981 is on file in the Clerk's office. Mr. Balling noted a contest involving snow plowing techniques , SNOW PLOWING" which involved a written test to determine knowledge of safe- CONTEST driving skills , mechanical inspections of broken down snow equipment, and a 9-point driving test to determine skills of the operator. The snow-fighting team of Rick Kuhl and Phil Moffat took first-place honors in this competition. They will be at a Board meeting next month to be officially recognized by the Board for their efforts. There are two trophies awarded, one which is a permanent trophy for the Village, and the other a rotating trophy which goes to the winning team each year. 5951 11/16/81 President Clayton asked if there were any questions from QUESTIONS FROM the audience. There were none. THE AUDIENCE President Clayton explained the Consent Agenda, and stated CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion. Trustee Hartstein had a question on the Consent Agenda, but did not ask that any items be removed. Moved by Marienthal , seconded by Stone, to pass Ordinance ORDINANCE #81 -54, amending Title 14 of the Buffalo Grove Municipal #Th -54 Code (Political Signs) . This amendment will delete the (Political prohibition of placing political signs on the public right- Signs) of-way. The Village Attorney has indicated that our present ordinance raises constitutional questions and the present ordinance, when combined with Board Resolution on the same subject, creates confusion. Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O ' Reilly, Hartstein, Gerschefske NAYES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by Marienthal , seconded by Stone, for deed acceptance SUFFIELD PLACE of Outlot A in the Suffield Place Subdivision. The South- east portion of the Green Knolls park site can be accepted for public ownership. All improvements are completed and/or bonded; however, re-conveyance to the Buffalo Grove Park District will not occur until the site is accepted per Village Board direction. Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske NAYES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. Moved by Marienthal , seconded by Stone, to amend the CHATHAM MANOR Subdivision Improvement Agreement re oversized lift station for Chatham Manor Subdivision . This SIA amendment provides for a temporary lift station to serve up to 24 residents in Chatham Manor prior to the installation of the permanent oversized lift station. The SIA is also amended to reflect the revised village share of the oversizing cost based on the contract estimated cost. The oversizing program is ahead of schedule and the Weidner Relief Sewer should be in service for the spring of 1982 to provide immediate relief for 98 families presently on the system, and secondary relief for several users upstream. Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein , Gerschefske NAYES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. 5952 11/16/81 Moved by Marienthal , seconded by Stone, to authorize BID bidding for replacement to Unit 420 (Public Work 1-ton AUTHORIZATION Dump) , to replace vehicle transferred to Golf Operations . (Unit -420) The replacement to 420 which is being transferred to Golf Operations is ready for bidding. Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske NAPES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. Trustee O' Reilly read Resolution #81 -52 in appreciation RESOLUTION of 42 years as Chairman of the Buffalo Grove Youth Commission #81-52 (Frank to Frank Mayfield, who is retiring effective immediately. Mayfield) Trustee O ' Reilly stated that Mr. Mayfield will also be receiving a plaque. Moved by O' Reilly, seconded by Hartstein , to pass Resolution #81-52 . Upon voice vote, the motion was unanimously declared carried. Moved by Stone, seconded by O' Reilly, to pass Resolution RESOLUTION #81-53, a resolution of support for the construction of a #81 -53 full interchange at Lake-Cook Road and 1-294. Upon voice g p (Tri -State vote, the motion was unanimously declared carriec. Tollway/ Lake-Cook Interchange) Trustee Marienthal explained Ordinance #81 -55. Moved by ORDINANCE Marienthal , seconded by Stone, to approve Ordinance #81 -55, #81-55 an ordinance revising the electrical code fees and standards (Electrical for building construction. Mr. Raysa noted a change which had Code Fees) been made on page 7, Section 3, second line, which should read: "approval , and publication. May be published in pamphlet form". Upon roll call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAPES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. Mr. Raysa noted some changes which had been made to the Golf RESOLUTION Course Food and Bar lease agreement between the Village of #81 -5T+ j Buffalo Grove and EAT'S , Incorporated. Mr. Balling pointed (Eat's , Inc.) out that the changes recommended by Mr. Raysa have been reviewed with the lessees , and the agreement has been retyped and re- initialed. Moved by Gerschefske, seconded by Stone, to pass Resolution #81-54. Mr. Kuhn and Mr. Nuzzo were introduced to the Board. Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske NAYES : 0 - None ABSENT: 1 - Schwartz Motion declared carried. 5953 11/16/81 Trustee Gerschefske commented on the FY82 Department of FY82 DEPARTMENT Golf Operations Program Budget. Trustee O'Reilly explained OF GOLF OPERA- that she would not vote for the budget unless the reconstruc- TIONS PROGRAM tion of the 15th hole is pulled off, stating that there are BUDGET several big trees which will be lost, and primarily because she would prefer to see the $10,500 going toward the debt retirement on the Golf Course. Moved by Gerschefske, seconded by Marienthal , to accept the FY82 Department of Golf Operations Program Budget. Upon roll call , Trustees voted as follows : AYES : 4 - Marienthal , Stone, Hartstein, Gerschefske NAYES : 1 - O ' Reilly ABSENT: 1 - Schwartz Motion declared carried. Mr. Raysa reviewed the new Open Meetings Act. He stated OPEN MEETINGS that Mr. Balling has sent the new Open Meetings Act to all ACT Committees and Commissions in the Village; Mr. Raysa will hold a meeting for all Committees and Commissions to explain the new Act to them. Mr. Raysa stated that the new Open Meetings Act will go into effect on January 1 , 1982. Section 1 , which is , in effect, a public policy statement and an intent section , reads that "it is the intent of this Act that their actions be taken openly and that their deliberations be conducted openly", ("their" referring to the Boards or Commissions) . One of the main things that the Act has done is define "meeting" under Section 1 .02, which reads: "'Meeting ' means any gathering of a majority of a quorum of the members of a public body held for the purpose of discussing public business." Mr. Raysa stated that it is the opinion of the Attorney General that a social gathering where the intent is other than to discuss business would not constitute a meeting. Mr. Raysa pointed out that this Act also includes a majority of a quorum of a committee or sub- committee of the Board, as well as all other Committees and Commissions. EXCEPTIONS : Mr. Raysa then covered "exceptions" under Section 2 of the Act. The first of these exceptions is collective negotiating matters between public employers and their employees or representatives . The second exception covers the acquisition of real property; however, the sale of real property would not constitute an exception. The third exception deals with meetings of law enforcement agencies or committees re investigation of criminal activities , informant sources , hiring or assignment of undercover personnel , or purchase of undercover autos . The next exception is to discuss litigation when an action has been filed or is pending, or when an action is probable 5954 11/16/81 or imminent, in which case the basis for such a finding shall be recorded and entered in the minutes of the closed meetings. Mr. Raysa pointed out that, in this case, in the Penalty section of the Act, there is no intent needed to violate compliance with the Act. Another exception is to consider information regarding appointment, employment, or dismissal of an employee or officer or to hear testimony on a complaint lodged against an employee to determine its validity. Another exception is a professional consultation advisory committee to consider matters of professional ethics or performance. Mr. Raysa stated that an ordinance could be enacted for a closed meeting for complaints of discrimination under a section of the Illinois Municipal Code. Mr. Raysa will have more information for the Board on this at a later date. Another exception would be to consider appointment of a member to fill a vacancy on that Board or body. Mr. Raysa stated that he does not consider interviews with prospective commissioners a violation of the Act. Another exception is to establish reserves or settle claims as provided in the Local Governmental Employees Tort Immunity Act if otherwise disposition of a claim or potential claim might be prejudiced. Mr. Raysa stated that this pertains to the Village because he has, at times, received direction from the Village Board or Village Manager as to how the Village wishes to direct IRMA to handle a certain case, which would fall into the pending or probably litigation situation. The Act specifically states that NO FINAL ACTION may be taken at a closed session . A judge would have the right to void any final action taken in a closed session. Section 2, A, stated that a vote may be taken to close a meeting upon a majority vote of a quorum present at the open meeting which has been noticed. There is a new provision in the Act which states that a single vote may be taken for a series of closed meetings , as long as they all involve the same matter, and are scheduled within 3 months of the vote. Minutes of the open meeting must reflect the vote of each member , and a citation to the specific exception, �.J i .e. personnel , litigation. A new portion of the Act states that only topics specified in the vote may be considered during the closed meeting. No additional notice is necessary for a closed meeting, as long as the open meeting has been noticed. As far as notice of closed and open meetings , it must give a date, time, and place. The word "convenient" has now been added with regard to the place. 5955 11/16/81 Notice of open OR closed meetings shall be given . Notice must be given at the beginning of each calendar or fiscal year as to the dates , times , and places of Regular Meetings. Public notice of any special meeting, except to the extent of a bona fide emergency meeting, or of any rescheduled regular meeting, or of any reconvened meeting shall be given at least 24 hours prior to the meeting. A new addition to the above requirement is : "which notice shall include the agenda". Notice of reconvened meeting not necessary where meeting was open to the public and reconvened within 24 hours , or announce- ment of reconvened meeting was made at original meeting and there was no change in the agenda. Notice of an emergency meeting must be given as soon as practical , but in any event, notice must be given to any news media that has filed their request. The new law states that any news media requesting notice of meetings must give their telephone number to the Village. Public notice must be posted at the Village Hall . Taping and filming of a public meeting is permitted pursuant to reasonable regulations of the Board; however, any witness before the Board has the right to state that he does not wish to have the meeting taped or filmed. Section 2.06 is a new section , and states that minutes of open and closed meetings shall include the date, time, and place of the meeting; members present or absent; and a general description of all matters proposed, discussed or decided, and a record of any votes taken , i .e. pollings . There is no statement as to when these minutes shall be approved, but it is assumed that it would be at the next executive session . Mr. Raysa recommended that these minutes be kept by the Clerk in a locked cabinet to which only the Clerk has access. Minutes of open meetings shall be available to the public seven days after approval . Minutes of closed meetings shall be available only after determina- tion by the body that held the closed session that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential . These minutes can be reviewed periodically to determine the need for confidentiality, or just be kept confidential until they are requested , at which time the Board could review the necessity of confidentiality. 5956 11/16/81 Penalties - The new Act reads that any person believing that the Act is not being complied with may bring a civil action against all parties involved. It was recommended in discussions with the Attorney General and recommended by the Illinois Municipal League that the proposed penalty provision include either the word "intent" or "knowingly", i .e. that an individual knowingly violated the Act. Those words are not now in the Act. It is stated under "Penalty Provisions" that the Court may review, in camera, the minutes of a closed meeting. The Court may: 1 . Grant equitable relief as to them seems just ; 2. Issue a writ of mandamus requiring that the meeting be open ; 3. Grant an injunction against further violations; 4. Make public such portion of the closed minutes that are in violation of the Act, and declare null and void any final action taken. The Court may assess against any party reasonable attorneys fees and other litigation costs to any party who substantially prevails. Mr. Raysa stated that, in effect, the Village cannot get reasonable attorneys fees and litigation costs unless the Court determines that the action brought by the plaintiff was done on the basis of a malicious or frivilous action. A Home Rule municipality has the right to make the Act more stringent. Mr. Raysa referred to an opinion letter from Chapman & Cutler dated October 28, 1981 which recommended that all bond proceedings be open session. The party plaintiff has only 45 days to sue. Several of the provisions of the old Attorney General 's opinion are still in full force and effect because some of the exceptions have not changed. Mr. Raysa then answered questions from the Board. Trustee O'Reilly suggested that the Clerk forward a synopsis of Mr. Raysa's comments be forwarded to all Committees and Commissions . Mr. Raysa, in answer to a question from President Clayton , stated that he would have to handle the question of adding an item onto an agenda on a case-by-case basis. Mr. Raysa stated that it is his opinion that the Northwest Water Commission would be covered under the Act. Since the Appearance Commission did not meet last week, the COMMONS approval for models and architecture for the Buffalo Grove Commons will be postponed and put on the agenda for a Special Meeting on November 23, 1981 . President Clayton stated the reasons that she felt that the VIDEO GAME subject of Video Game Rooms should be discussed again by ROOMS the Board. The applicant specifically being discussed at this point is M & R Amusements. Trustee Stone stated that he is not opposed to video game rooms, but thinks that the proposed location in the Buffalo Grove Mall is a poor location. 5957 11/16/81 Mr. Raysa stated that he does not have a problem with drafting an ordinance similar to that of Hoffman Estates, allowing one game room for a certain amount of population. Mr. Raysa does have a problem with a contractual agreement with a business stating that they will shut down upon the request of the Village President if they do not totally live up to their portion of the contract. There was a great deal of discussion by the Board regarding the pros and cons of allowing a video game room in the Village. Mrs. Rosalie Kaszubowski stated that she manages a shopping center where a game room is located, and she cited some of the problems that have occurred in that center. Police Chief Walsh commented on the views of the Police Depart- ment in not allowing video game rooms in the Village, particularly in the Buffalo Grove Mall . Mr. Randy Gray of Third World Amusements asked the Board who the licensee would be, should the Village decide to allow game rooms . The answer was that various standards of all applicants would have to be reviewed. President Clayton polled the Board: "Yes" indicates favor of staff developing an ordinance which would regulate game rooms in the Village; "No" indicates opposition : There was then discussion on the types of regulations which would be necessary for a game room. Mr. Larry Schwartz, a resident, stated that he thinks that serious thought should be given to granting a license, if one is to be granted, to a resident in the Village who would have the betterment of the Village in mind when operating a game room. After further discussion , President Clayton reworded the polling as follows : "Yes" indicates a desire to pursue this as far as determining whether or not the Village would be able to license in a manner to be able to recover any potential costs involved with licensing such a room; "No" indicates opposition : YES: Stone, Schwartz NO: Marienthal , O' Reilly, Hartstein , Gerschefske President Clayton asked Mr. Balling to notify M & R Amusements that the Village does not wish to consider any modifications to the present ordinance. Moved by Marienthal , seconded by Gerschefske, to adjourn the ADJOURNMENT meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:40 P.M. ri 8 Eck A APPROVED BY ME THIS 7th Janet M. Sirabian , Village Clerk Y F DECE".1B R, 1 1 (:TD,A Village Pr ident Pro Tem