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1982-01-04 - Village Board Regular Meeting - Minutes 5980 1/4/82 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE , ILLINOIS, HELD IN THE COUNCIL CHAMBERS , VILLAGE HALL, JANUARY 4, 1982. President Clayton called the meeting to order at 8:14 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, Gerschefske, and Schwartz. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; James Doyle, Assistant Village Manager; William Brimm, Finance Director; Gregory Boysen, Director of Public Works ; Richard Kuenkler, Village Engineer; and Paul Kochendorfer, Village Treasurer. Moved by Hartstein, seconded by Schwartz, to approve the APPROVAL OF minutes of the December 21 , 1981 Regular Meeting, subject MINUTES to additions and corrections. Corrections are as follows : Page 5974: The first motion regarding NORTRAN should read "Motion defeated" rather than carried. Page 5974: The following should be inserted between the 2nd and 3rd sentences of the 1st paragraph regarding the NORTRAN LOAN: "It was pointed out that the NORTRAN representative stated that the loan to the Village would be repaid prior to any back wages being paid to their employees , and prior to any outstanding indebtedness to suppliers. Both of the above items are being retired by NORTRAN before retiring the obligation to the Village, which was to have been paid immediately after FICA taxes , and all other withholding taxes . Mr. Raysa pointed out that the Village lent the money to NORTRAN, not the RTA. He also pointed out that, what the Village has right now, is an unsecured note. Mr. Raysa stated that, once you go to judgment ,on the note, the highest interest rate you can get on a post-judgment is 90." Page 5978: The following should be inserted immediately preceding the last paragraph : "In summary, the following comments were articulated by the Village Board, and should be pursued and answered prior to the first Plan Commission workshop: 1 . Pursuing a covenant to provide that tax exemption status will not be extended for the property, or providing that some service charge will be agreed to to cover Village expenses should this occur. 2. An implementation plan should be identified so that the Village is assured that the entire cultural and service program, food service, crafts , etc. , be guaranteed in the event of developer default. If the development is to be phased, care should be taken to include the amenities in the early stages . 5981 1/4/82 3. The Village Planner will be working to identify school , park, and library contributions. It is not anticipated that library contributions will be exempted from the provisions or that the Village will be reviewing particularly school , and possibily park contributions for consideration. Concern was also expressed that there be no exemption to ordinances with the possibility that this use could be converted to a standard residential development. 4. The Village will be reviewing nursing home regulations and may consider municipal licensing standards . The Village Planner will be examining state licensing requirements and will make a recommendation on same. 5. The developer should identify, based on actual experience of other projects , i .e. , Friendship Village, etc. , the increased incidence of paramedic calls for this property, and identify any atypical patterns which the Village should be sensitive to." Upon roll call , Trustees voted as follows : AYES : 5 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz NAYES : 0 - None ABSTAIN: 1 - Gerschefske Motion declared carried. Mr. Kochendorfer read Warrant #470. Moved by Schwartz, WARRANT #470 seconded by O' Reilly, to approve Warrant #470 in the amount of $273,757.26, authorizing payment of bills listed . Upon roll call , Trustees voted as follows : AYES: 5 - Stone, O ' Reilly, Hartstein, Gerschefske, Schwartz NAYES : 0 - None ABSTAIN: 1 - Marienthal Motion declared carried. President Clayton noted her Community Goals for 1982 which COMMUNITY GOALS was distributed to the Board, dated December 21 , 1981 . State FOR 1982 law suggests that each Village President outline their goals each year. Mrs. Clayton then answered questions regarding these goals . President Clayton regretfully accepted a resignation from Mel FIRE & POLICE Kandel from the Fire & Police Commission, due to travel and COMMISSION business commitments . Mrs . Clayton stated that the Talent RESIGNATION Bank will be conducting interviews for this Commission later this month. President Clayton stated that, although she has not received a APPEARANCE formal letter from Mrs . Carr, she understands that Pat Carr COMMISSION finds it necessary to resign from the Appearance Commission. RESIGNATION Trustee Hartstein commented on the loan made by the Village to NORTRAN LOAN NORTRAN , and asked Mr. Pinzur, the Village's representative to NORTRAN, to bring the Board up to date on same. Mr. Pinzur briefly reviewed the memorandum dated January 4, 1982 which he had distributed to the Board, along with the exhibits 5982 1/4/82 attached to the memo. Mr. Pinzur stated that every effort has been made by the Trustees of the North Suburban Mass Transit District to comply with the note. He pointed out that the due date of the note was not January 10, 1982, but was in December of 1981 . Mr. Pinzur referred to Exhibit A, which states that renegotiation of the note might be necessary. He also pointed out that the RTA has apparently accepted the obligation to pay off the debts of NORTRAN. At this point, there is not money available to pay off these debts . Mr. Pinzur then commented on Exhibit E, which is the possibility of Lake County communities being repaid first. Loans from Lake County communities shall be treated differently due to legislation requiring funds raised in a collar county to be spent in that county. Mr. Pinzur suggested that the Board table this request for 30 days in order to allow the RTA to respond to NORTRAN 'S request to repay the loan . He also reviewed the three options available as outlined in his January 4, 1982 memo (on file in the Clerk's office) . Mr. Pinzur pointed out that if the Village calls the note, and takes it to judgment, the Village will get a lower interest rate than agreed to in the note. It was stated that there has been no suggestion to file suit , but rather to call the note. Mr. Pinzur pointed out that there has been formal action taken on the part of the Village asking that the note be paid. He stated that, if the RTA would refuse to pay the interest on the loan if it were to be extended, he is confident that the NORTRAN Board would pay that interest out of operating expenses . Mr. Balling will write a letter to NORTRAN confirming the fact that, if the loan is to be extended, the 16°ro interest rate will be paid. Trustee O'Reilly stated her concern of the fact that NORTRAN is labeling Buffalo Grove as a Lake County Community. Mr. Pinzur assured Mrs. O ' Reilly that they are aware that Buffalo Grove is a split-county community. He also pointed out that the Village did not request these funds on the basis of being a Lake County community, but that the legislation speaks to the fact that funds contributed in a county must be spent in that county. There was discussion on the interest rate assigned to the loan. Mr. Pinzur pointed out what other communities have done regarding the extension of the loan. Moved by Hartstein , seconded by Schwartz, to table this matter for 30 days, with the understanding that this Board continues to affirm its right to claim the interest rate as stated in the original note of 16% in the interim. Upon roll call , Trustees voted as follows : AYES: 4 - Stone, Hartstein , Schwartz, President Clayton NAYES : 3 - Marienthal , O' Reilly, Gerschefske Motion declared carried. Yr:.. 5983 1/4/82 Mr. Balling will write a letter to the North Suburban Mass Transit District station that Buffalo Grove affirms the right to receive interest (16%) originally identified in the note between Buffalo Grove and Nortran during the period of the note terminating and the reconsideration of this matter by the Trustees in 30 days. Mr. Balling noted that notification has been received that REAPPORTIONMENT the Illinois Department of Revenue, Division of Equalization, STUDY STATUS and Standards , has received the Village's Reapportionment Study REPORT Resolution. That exercise will begin sometime this month, and be completed sometime this summer. The deadline for the Village .•/ to evaluate the reapportionment information is October 1 , 1982 so that there is ample time to review the findings of the study before accepting the report. The next item brought up by Mr. Balling was the refuse pick-up REFUSE PICK-UP schedule. He explained the problem which had occured, and SCHEDULE suggested implementing a policy in 1982 whereby if a holiday falls on a pick-up date, there would just be one pick-up that particular week. Mr. Balling stated that this policy would clear up the confusion resulting from the changing of pick-up dates when a holiday occurs . There was no objection from the Board to this policy. Mr. Balling will implement this policy immediately and take steps to so inform the community. Mr. Balling announced that there will not be a meeting FUTURE AGENDA scheduled for January 11 , 1982; the next meeting will be a Regular Meeting on January 18, 1982. President Clayton asked if there were any questions from the QUESTIONS FROM audience. There were none. THE AUDIENCE— Mr. Raysa introduced Mr. Rick Skelton, a new attorney in ATTORNEY REPORT Mr. Raysa's Office. President Claycon read a Proclamation designating the month BLOOD DONOR of January as National Blood Donor Month in Buffalo Grove. MONTH PROCLAMATION Moved by Hartstein , seconded by Schwartz, to pass Ordinance ORDINANCE #82-1 #82-1 , establishing compensation for the Village Manager at a rate of $44,400.00 effective January 1 , 1982. Upon roll call , Trustees voted as follows : AYES : 4 - Stone, Hartstein, Schwartz, President Clayton NAYES: 3 - Marienthal , O' Reilly, Gerschefske Motion declared carried. Trustee Marienthal requested that the following be put to a vote: whether the Village Manager shall receive compensation for 20 vacation days accrued during his employment at the old rate of pay or the new rate of pay. Moved by Marienthal , seconded by O'Reilly, to approve payment of the accrued 20 days of vacation for the Village Manager at his previous salary base of $40,000.00 per annum. Upon roll call , Trustees voted as follows : AYES : 3 - Marienthal , O' Reilly, Gerschefske NAYES: 4 - Stone, Hartstein, Schwartz, President Clayton Motion defeated. I� _ 5984 1/4/82 Moved bySchwartz, seconded byHartstein , to reimburse the Village Manager for the 20 days accrued vacation at the 1981/82 rate of $44,400.00. Upon roll call , Trustees voted as follows : AYES: 4 - Stone, Hartstein, Schwartz, President Clayton NAYES: 3 - Marienthal , O' Reilly, Gerschefske Motion declared carried. Moved by Gerschefske, seconded by O ' Reilly, to pass RESOLUTION #82-1 �•J Resolution #82-1 , to adopt the annual 1000 hour standard for IMRF participation. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O ' Reilly, Hartstein, Gerschefske, Schwartz NAYES : 0 - None Motion declared carried. Mr. Boysen explained that this facility is needed to receive PUMPHOUSE AND lake water and pump at a service pressure the water received RESERVOIR VII from Lake Michigan. Mr. John Yost , Project Manager for Keifer Engineering, briefly discussed the overall function and basic design of the facility; he then answered questions from the Board regarding the project. There was discussion on whether to bid the entire project, or *CORRECTION to bid the basic project, with the deducts bid separately. * It was Mr. Yost 's opinion that ei.ther .meth.od..of .biddingwould result in the same bids; he did not think: there wouldbe a difference in in cost no matter which method was used, Moved by Gerschefske, seconded by Stone, to grant authority to bid Village of Buffalo Grove Pumphouse and Reservoir VII . Upon voice vote, the motion was unanimously declared carried . President Clayton thanked Keifer Engineering for the fine job they did on this project. Moved by Stone, seconded by Hartstein, to adjourn the meeting ADJOURNMENT Upon voice vote the motion was unanimously declared carried. The meeting was adjourned at 9:42 P.M. l ,'Axe � I :KAN-4<1:;A_ v Janet M. ;S ranian',-Vi l lage Clerk --^ APPROVED BY ME THIS L2 ii., DAY OF JANUARY, 1982. Village President