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.
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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.
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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.
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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.
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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.
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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.
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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.
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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