1980-03-17 - Village Board Regular Meeting - Minutes 5635
3/17/80
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, MARCH 17, 1980.
In the absence of the President, the Clerk called the meeting CALL TO ORDER
to order at 7: 30 P.M. Those present stood and pledged allegiance
to the Flag.
Roll call indicated the following present: Trustees Marienthal , ROLL CALL
Stone, O'Reilly, Kavitt, Gerschefske. President Clayton was
absent. Trustee Hartstein arrived after the meeting was in
progress.
Also present were: William Balling, Village Manager; William
Raysa, Village Attorney; William Summer, Assistant Village
Manager; Paul Kochendorfer, Village Treasurer; William Brimm,
Finance Director; Frank Hruby, Director of Building and Zoning;
Gregory Boysen, Director of Public Works ; Richard Kuenkler,
Village Engineer; Raymond Rigsby, Superintendent of Public
Works Operations ; David Harrington, Administrative Assistant.
Moved by O 'Reilly, seconded by Stone, to appoint Trustee PRESIDENT
Marienthal President Pro Tem. Upon roll call , Trustees voted PRO TEM
as follows:
AYES: 4 - Stone, O'Reilly, Kavitt, Gerschefske
NAPES: 0 - None
ABSENT: 1 - Hartstein
ABSTAIN: 1 - Marienthal
Motion declared carried.
Moved by O 'Reilly, seconded by Stone, to approve the minutes of APPROVAL OF
the March 3, 1980 Regular meeting. Upon roll call , Trustees MINUTES
voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt
NAPES: 0 - None
ABSTAIN: 1 - Gerschefske
Motion declared carried.
Village Treasurer Paul Kochendorfer read Warrant #423. Moved WARRANT #423
by Hartstein, seconded by Kavitt, to approve Warrant #423 in
the amount of $177,089.50 authorizing payment of bills listed.
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Police Chief Harry Walsh introduced the young men and women POLICE CADET
graduating from the "mini-police academy" becoming full-fledged GRADUATION
members of the department ' s Explorer Scout Post (Cadet) program.
They are: Mark W. Benz, Timothy A. Brodnan, Robert P. Martini ,
Mike J . Kilbourne, Wendy R. Metcalf, Mike Brodnan, Kevin Hopper,
Rick Pulinski , Ywaine D. Spinner, Vince TeRonde, Deborah L. Turner.
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II' The above named young people were commended for their work, and con-
gratulated by the Board and the audience. President Pro Tem Marienthal
asked that the newspapers point out the fact that these young people have
accomplished something for which they should be commended. Certificates
of graduation will be sent to the graduates.
President Pro Tem Marienthal read Resolution #80-11 , a resolution RESOLUTION
supporting the extension of the State and Local Fiscal Assistance #80-11 _
Act of 1972 as amended, the Revenue Sharing Act.
Moved by Stone, seconded by O'Reilly, to pass Resolution #80-11 ,
Upon roll call , Trustees voted as follows:
AYES : 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt, Gerschefske
NAYES : 0 - None
Motion declared carried.
President Pro Tem Marienthal asked that this resolution be dis-
tributed to other members of the Northwest Municipal Conference.
Mr. Balling noted that the Village of Buffalo Grove has been work- RESOLUTION
ing with the Villages of Arlington Heights , Elk Grove, and Mt. #80-12
Prospect through the auspices of the Northwest Central Dispatch System
to become its own entitlement agency under the provisions of the Justice
System Improvement Act of 1979, This is federal legislation which re-
vamps in a major way the administrative review process for federal grant
applications related to law enforcement. On March 10, 1980 a letter
of intent was executed by the Board of Directors of NWCDS to create
an entitlement status for that agency. The Illinois Department of
Law Enforcement asked for parallel authorization both in a letter of
intent and a sample form of their resolution to be filed in conjunction
with the application. President Pro Tem Marienthal read the resolution
mentioned by Mr. Balling.
Moved by Hartstein, seconded by O 'Reilly, to pass Resolution #80-12.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
Motion declared carried.
President Pro Tem Marienthal , asked if there were any questions QUESTIONS FROM
from the audience. There were none. AUDIENCE-
President Pro Tem Marienthal explained the Consent Agenda, and CONSENT AGENDA
stated that any member of the Board or the audience could request 'yys
that an item be removed for full discussion. There were no such
requests.
Moved by Stone, seconded by Kavitt , to pass Ordinance #80-12, ORDINANCE #80-121
amending Title 15 of the Buffalo Grove Municipal Code (Water
Meter Installations) . Policy is proposed to be converted to
ordinance form to ease understanding and administration of new
water meter installations. Upon roll call , Trustees voted as
follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein , Kavitt, Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Kavitt to pass Ordinance #80-13, ORDINANCE #80-131
holding the County of Cook harmless for the operation and
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maintenance of certain structures within Cook County right-of-way.
Buffalo Grove occasionally requires the placement of its property
on County Right-of-way, requiring the subject legislation. Items
include street lights, bus shelters , etc. Upon roll call , Trustees
voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt , Gerschefske
NAPES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Kavitt , to pass Ordinance #80-14, ORDINANCE #80-14
amending Chapter 5.20 of the Buffalo Grove Municipal Code
(Liquor Controls) - wine tasting. The Village President as
liquor commissioner requests legislation to permit wine tasting
demonstrations in Buffalo Grove. Upon roll call , Trustees voted
as follows :
AYES : 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt, Gerschefske
NAPES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Kavitt, to award contract for FY 79-80
municipal properties FY 79-80 concrete and landscape program CONCRETE AND
to Mormino & Sons , Inc. as low qualified bidder in the amount LANDSCAPE
of $46,921 .50. Staff recommends partial improvements to be PROGRAM
installed at various public sites pursuant to the FY 79-80
budget. Interior improvements include concrete work, signage
and landscaping. Upon roll call Trustees voted as follows:
AYES : 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt ,
Gerschefske
NAPES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Kavitt , to accept the revised ZONING MAP
Buffalo Grove zoning map for 1980.
Annually, according to state law, the Village's zoning map
must be adopted. The map comes to the Village Board on the
recommendation of the Plan Commission.
Upon roll call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein , Kavitt,
Gerschefske
NAPES : 0 - None
Motion declared carried.
President Pro Tem Marienthal read a proclamation proclaiming PROCLAMATION -
April 1 , 1980 as Census Day in Buffalo Grove. CENSUS DAY
Moved by Hartstein, seconded by Kavitt to accept this proclama-
tion. Upon voice vote, the motion was unanimously declared
carried.
President Pro Tem Marienthal stated that the next order of BUFFALO GROVE
business was the Plan Commission referral of a preliminary plat INDUSTRIAL
for 49 acres located north of Lake-Cook Road, east of Industrial PARK
Drive (zoned M-1 ) , called Buffalo Grove Industrial Park.
Mr. Ron Benach, President of Lexington Development introduced
Mr. Rick Piggott , and Mr. Jon Nelson of Johnson and associates.
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Mr. Benach described the subject property, and showed a drawing of
what is planned for same.
Trustee Hartstein stated that he was very pleased to see this type
of development before the Village Board.
Mr. Benach explained how the lots have been broken down , and the
type of use they expect to have. He said they intend to build
three buildings in 1980. He also said that it is their intent
to create a set of fairly restrictive covenants.
�•/ • Mr. Raysa asked about the strip of land to the south of Lake-Cook
Road. Mr. Benach stated that they will incorporate that into the
ownership of the parcel to the north . Mr. Balling stated that they
are working on this issue, and that Wheeling will consider sub-
division platting and ROW for that stretch, and may also consider
disconnection. This should occur prior to final platting of this
parcel .
Moved by Gerschefske, seconded by Hartstein, to refer this Preliminary
Plan to the Plan Commission, including all recommendations in Jim
Truesdell 's memo of March 13, 1980. Upon roll call , Trustees voted
as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt ,
Gerschefske
NAYES: 0 - None
Motion declared carried.
President Pro Tem Marienthal declared a recess of the Regular RECESS
Meeting at 8: 13 P.M.
PUBLIC HEARING - REVENUE SHARING
The Revenue Sharing Public Hearing commenced at 8: 13 P.M. Mr. Balling
explained that in compliance with the Federal Revenue Sharing Act, a
Public Hearing is conducted prior to the adoption of the annual operating
budget to identify the planned use for Revenue Sharing funds in the
upcoming year. Notice of this Public Hearing was published in the
Buffalo Grove Herald on March 3, 1980.
The recommendation of the staff is that 100% of the existing fund
balance in the Federal Revenue Sharing account and the anticipated
earnings in fiscal 80-81 be allocated to the capital projects funds
for the construction of the north fire station.
Judy Mansueto, Recreation Supervisor of the Park District, presented
a request from the Senior Citizen group to get some type of a van to
transport the Seniors to their meetings. This was itemized in a memo
from the Park District . (On file in the Clerk's Office)
Discussion followed on possible ways to get this service, such as
Nortran, the Northwest Opportunity Center, volunteers , etc.
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Mr. Mayfield read a resolution from the Youth Commission pointing
out ways that joint use of a van by the Youth Commission and the
Senior Citizens could be beneficial . It was decided that more
facts would be gathered before making a decision, and that the
Transportation Commission would be contacted to see if they could
set up something in this regard.
Ms. Mansueto thanked the Board for their time, and stated that some
of the Senior Citizens might be willing to work with the Transporta-
tion Commission.
�•/ Mr. William Zwillinger, a senior citizen, stated his opinion on
using some funds for the senior citizens. Mr. Don Wilson stated
the ways in which he feels the Village does provide for the senior
citizens .
The Revenue Sharing Public Hearing was closed at 8:50 P.M.
The regular meeting resumed at 8:50 P.M.
Moved by Kavitt, seconded by Hartstein, that the Village Board
recommend to the Transportation Commission that they explore the
possibilities of the Dial -A-Ride system through Nortran and the
RTA for the Village of Buffalo Grove, and the possibility of a
joint purchase venture with the Park District of a vehicle to
benefit all citizens of the Village of Buffalo Grove.
Trustee Stone stated he would prefer to explore the possibilities
of working with the Transportation Commission before looking into
the purchase of a vehicle. Mr. Stone would prefer that the motion
which was made be split into two separate motions. Trustee Kavitt
stated that he prefers to keep the motion as it stands ; however, he
stated that inherent in the motion the priority would be: 1) explore
the possibility of pursuing this through Nortran, 2) explore the
possibility of a joint purchase venture with the Park District.
Trustee Stone asked that the motion be restated so that the
recommendation on the Dial -A-Ride would have to come back before
the Board before any staff time is expended. Trustee Kavitt stated
he would like to leave the motion as originally stated.
Upon roll call , Trustees voted as follows:
AYES: 3 - Hartstein , Kavitt, Gerschefske
NAYES: 2 - Stone, O 'Reilly
Mr. Raysa stated that President Pro Tem Marienthal was not entitled
to vote as such .
Mr. Raysa stated that Mr. Marienthal had the right to vote at this
point.
President Pro Tem Marienthal then voted "NAY".
Moved by Stone, seconded by Hartstein, that the Transportation
Commission pursue the Dial-A-Ride or whatever other type of bus
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service they might be able to provide for the Senior Citizens,
the Youth Commission, and the other citizens of Buffalo Grove.
Upon roll call , Trustees voted as follows:
AYES: 5 - Stone, O'Reilly, Hartstein, Kavitt , Gerschefske
NAYES: 0 - None
Motion declared carried.
President Pro Tem Marienthal voted "AYE".
Moved by Stone, seconded by O'Reilly, that the Revenue Sharing
Funds for 1980-81 be used exclusively for the construction of
a fire station. Upon roll call , Trustees voted as follows:
AYES: 5 - Stone, O' Reilly, Hartstein , Kavitt, Gerschefske
NAPES: 0 - None
Motion declared carried.
President Pro Tem Marienthal voted "AYE".
President Pro Tem Marienthal declared a recess at 9 :00 P.M. RECESS
The meeting reconvened at 9: 15 P.M.
Mr. Brimm explained the revenue for the Street & Bridge Fund, BUDGET
and answered questions from Trustees on same. DISCUSSION
Mr. Boysen presented a brief summary of the Street & Bridge
programs. Mr. Rigsby discussed the advantages of the purchase
of a machine for pavement striping, rather than doing it as has
been done in the past. Discussion took place regarding this,
and Mr. Rigsby will report to the Board the exact figures on
same.
Mr. Rigsby next discussed the need for a salt storage facility.
He said the major concern presently is the contamination of the
water resources in the area. The way the salt is presently
stored, it is almost completely subject to weather elements .
Mr. Boysen said that Mr. Sasman had pointed out that some surface
streams and shallow ground aquifers were experiencing increases
in sodium chloride. Mr. Boysen said that the trend for munici-
palities and states is to go to the enclosed salt storage
facilities. Mr. Rigsby estimated that the Village loses
approximately $5,600 per year by not having the facility.
Lengthy discussion took place regarding the necessity of this
facility, and the various types available. It was decided that
this item should be deferred until the staff can come back with
more complete information, especially with regard to federal
requirements.
�•/ Discussion took place, and questions were answered regarding
Public Works , Management and Administration. The main item
of discussion was the number of staff memberships necessary in
one association.
1
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There was discussion on the capital expenditure for a brake
lathe, and an alignment rack. It was decided that the staff
would put specific cost savings figures in memo form and dis-
tribute same to the Board.
Mr. Brimm explained the revenue for the Motor Fuel Tax fund.
Mr. Boysen explained the programs under the MFT projects.
Mr. Brimm explained all of the Special Revenue Funds and the
Debt Service Funds .
�./ President Pro Tem Marienthal declared a recess from 10: 50 P.M. RECESS
to 11 :00 P.M.
Mr. Balling pointed out the areas of the budget which were
reviewed, and itemized instances where revenue was found
available to be reallocated to other areas . The net of
all these savings enabled the Buffalo Grove Days budget to
be increased to $6,000, and also would allow the Village to
secure one additional police officer. Mr. Kochendorfer
pointed out that many of the reallocations of funds were
nonrecurring.
Trustee O' Reilly asked for a polling of the Board on whether
or not to secure a third police officer with the recommended
funding.
YES : Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske
NO: None
Mr. Balling stated that the remainder of the Water Works and
Sewage Fund would be presented next week.
President Pro Tem Marienthal : "I , myself, as a signee to a TRUSTEE
document, have been asked by the Trustees to read a particular REPORT
item." VERBATIM
Trustee Kavitt : "John, I did not ask you to read it, and I wish
you would state what Trustees asked you to read the document"
Mr. Marienthal : "Steve Stone, Bobbie O 'Reilly, and Chuck
Gerschefske."
"We, the undersigned, Trustees of the Village of Buffalo Grove,
feel it is our civic duty through the use of a public forum to
express our objections to the actions of Trustee Elliott Hartstein
while acting in his capacity as Trustee of the Village of Buffalo
Grove.
We feel that the repeated actions of Trustee Hartstein have
undermined the ability of the Village Board of Trustees to work
for the best interests of the Village of Buffalo Grove, to-wit :
(1) Trustee Hartstein was elected to the Village Board as a
Trustee of the Village of Buffalo Grove. His actions
in that capacity should reflect his thoughts as a
Trustee. Nevertheless, he consistently and repeatedly
makes legal determinations and further, argues at public
•
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meetings with the Village Attorney with regard to the legal
opinions rendered by the Village Attorney.
(2) Trustee Hartstein has on a number of occasions usurped the
function of the Village Attorney by rendering his legal
opinion as to possible judicial interpretation of actions
taken by the Board of Trustees . This function is solely
and exclusively designated a function of the Village
Attorney, not a function of a Trustee.
In our opinion, through these actions Trustee Hartstein is
abusing his position as Village Trustee and inhibiting the ability
of the Village Board to operate in the best interests of the Village
of Buffalo Grove. These actions hamper and deter the ability of the
Village Attorney to render legal opinions as requested by members of
the Village Board.
We would like to remind Trustee Hartstein that as a member of
the Village Board of Trustees he is expected to make decisions
premised on the welfare of the entire Village of Buffalo Grove.
Therefore, we ask that Trustee Hartstein refrain from the render-
ing of all such legal opinions at public meetings and restrict
his opinions in the future to those of a Village Trustee.
Richard Kavitt declined to sign."
Trustee Hartstein: "May I respond to the document?"
Marienthal : "Sure."
Hartstein: "I first learned of this when Mr. Marienthal handed
this document to me a few moments ago, and I can only say that
I am most appalled and shocked at the document that was handed
to me and was read the last few moments . I certainly do not
know what happened to the First Amendment when I , as an individual ,
whether as a Trustee or in any capacity, do not have a right , if
not an obligation as a Trustee, to speak out fully on any and every
issue that comes before this Board. I feel that I would be doing
the citizens of Buffalo Grove a grave disservice if I did not fully
explore any and every issue that comes before this Board, whether
they be legal ramifications , practical ramifications or any ramifica-
tions whatever, and I certainly think that any other Board member
on this Board sitting with me that does any less , is not fulfilling
the obligation he has or she has to the people of Buffalo Grove. I
will say at this time that I will continue, in each and every meeting
as long as I remain on this Board, to speak out fully and completely
�•/ in all respects on every issue that comes before this Board despite
such ridiculous and absurd suggestions that I impede what I say or
restrict what I say as would be suggested by this statement by some
of my fellow Trustees. I may have further response in the future.
I have not had a chance to really study this document which was put
together, but there may be additional ramifications to my fellow
Trustees for what I consider to be defamation of character at a
public forum."
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Trustee Kavitt: "I am aghast and appalled that Board members would
sign such a ridiculous document as this. I think the citizens of
Buffalo Grove when they elected Trustee Hartstein, elected him
because of his expertise, his legal expertise, and knowledge of
certain areas, one of them being knowledge of the law. I feel
the Board in the past was totally lacking in this area, and in
direction in that area. I think this is one of the reasons
Trustee Hartstein was elected to the Village Board, and I think
he has done an excellent and outstanding job in that capacity as
a Village Trustee. I am only shocked and hurt that I was not
included in that also. I sit up here. I am an attorney myself.
I give legal opinions. I think I have probably given as many
opinions as Elliott. I 'm really sorry to see that you didn 't
include me in that document because I would have considered it
a compliment because the way Trustee Hartstein is handling his
office as a Village Trustee is really a credit to the citizens
of Buffalo Grove. And it ' s also a credit to the legal profession.
He' s an advocate. He 's fighting for what he thinks is right. I
hope that I 'm fighting for what I think is right also. We would
be remiss in our duties as Village Trustees and as attorneys
licensed in the State of Illinois if we did not defend what we
thought was right and proper. I 'm really appalled at that. In
regard to the nature of that document, I 'm going to make a legal
opinion right now whether you like it or not. I think you' re
alleging some type of official misconduct on his part. I think
that is strictly libelous . I think there are some definite legal
ramifications that can be taken as a result of that document , and
I want the record to definitely reflect that I refused to sign that
document and would never sign that document. I had no party
whatsoever to do with the drafting, writing, or signing that
document at all . I would ask for a verbatim transcript of the
last 10 minute proceeding."
Trustee Hartstein : "I would ask for a verbatim transcript as well ."
Moved by Hartstein , seconded by Stone, to adjourn the meeting. ADJOURNMENT
Upon voice vote the motion was unanimously declared carried.
The meeting was adjourned at 11 : 15 P.M.
Janet * Sirabian, Village Clerk
APPROVED BY ME THIS rJ
DAY OF , 19'80.
lage President