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1981-01-19 - Village Board Regular Meeting - Minutes 5780 1/19/81 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JANUARY 19, 1981 . President Clayton called the meeting to order at 7:38 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 Stone, O'Reilly, Hartstein, Gerschefske. Trustees Marienthal and Kavitt were absent. Also present were William Balling, Village Manager; William Raysa, Village Attorney; William Sommer, Assistant Village Manager; William Brimm, Finance Director; Gregory Boysen , Director of Public Works; Richard Kuenkler, Village Engineer; Frank Hruby, Director of Building and Zoning; Jim Truesdell , Village Planner; Paul Kochendorfer, Village Treasurer. Moved by Gerschefske, seconded by Hartstein, to approve the APPROVAL OF minutes of the January 5, 1981 Regular Meeting. The following MINUTES correction was made: Page 5776: In the first paragraph under Resolution #81 -1 , the following sentence should be added immediately preceding the last sentence: "Mr. Raysa 's letter to the President and Board of Trustees dated January 5, 1981 re REVISED BUFFALO GROVE PERSONNEL RULES AND REGULATIONS is on file in the Clerk's office." Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Mr. Kochendorfer read Warrant #444. Mr. Kochendorfer noted a WARRANT #444 correction on page 6 of the Warrant , that being that the check shown to Knoeppel Associates, Ltd. , was actually made payable to the Polonia Construction Company. Moved by O'Reilly, seconded by Gerschefske, to approve Warrant #444 in the amount of $368,902.90, authorizing payment of bills listed. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O' Reilly, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. President Clayton reported on a Northwest Municipal Conference NORTHWEST meeting held last Wednesday, stating that Mr. William Walleen, MUNICIPAL Assistant Attorney General for the State of Illinois was present CONFERENCE to speak on the proposed changes to the Open Meeting Law. Mrs. Clayton will distribute copies of his opinions to the Board. A resolution was passed to authorize the Conference to participate in the intervention in the pending Illinois Bell Telephone rate 5781 1 1/19/81 request hearings. This concerns the 911 rate tariff. The DuPage Mayor's and Manager's Conference asked the Northwest Municipal Conference to join with them in their petition to intervene to ascertain the rate of return under the proposed tariff for 911 . The cost to each municipality will be no more than $70. Trustee Stone reported that the Northwest Municipal Conference CABLE TV Cable TV Selection Council met on Saturday. At that time, the field was narrowed down to three finalists , those being, in alphabetical order: Cablenet , Cablevision, and Warner-Amex. Mr. Stone said that interviews with the three finalists are scheduled for January 31 , 1981 , and noted that it would be a good opportunity for anyone who has not yet seen the presentations to view them. Trustee O'Reilly reported on a meeting held January 3, 1981 . Some of the things being discussed and referred to the Policy Committee and the Attorneys Committee are as follows: 1 ) Subject of System Design, meaning that each municipality would technically have their own system. 2) Channel Capacity - it is felt that the system should contain sufficient capacity for future applications. 3) Lock-Out Device - the need for a lock-out device was emphasized, preferably more than just a key, so that certain segments of the system could be turned off. 4) Advisory Board - to be made up by representation of the Northwest communities as an advisor on who should get access. 5) Desirability of 2-way interactive abilities . 6) Universal Service - at the time of installation, each and every home would automatically be wired for service. 7) It was agreed that interconnects for all municipalities would be desirable. 8) Privacy Issue - dealing with homes having 2-way interactive. Trustee O' Reilly will distribute minutes of the above meeting to all Board members. Trustee Stone reported that there was also a meeting of the Policy Committee on January 3, 1981 , and listed below are some of the items they feel should be looked into: 1 ) Length of franchise - it has been suggested that no franchise exceed 15 years . 2) How to determine the value of assets at the end of the franchise. 3) Discussion regarding rate regulation - The Attorneys will draft language on same. It was suggested at the meeting that a consultant be hired to aid in the final selection, and also the negotiations for the franchise. The cost of this consultant would not exceed $1 ,000 per community. r 5782 1/19/81 Moved by Stone, seconded by O' Reilly, that $1 ,000 be authorized for the purpose of hiring of a Cable TV consultant by the North- west Municipal Conference. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein , Gerschefske NAYES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Trustee Stone stated that, since other communities involved rated their choices of the three finalists, he would like to list Buffalo Grove Cable TV Committee's choices: 1 ) Warner-Amex 2) Cablenet 3) Cablevision Moved by Stone, seconded by O'Reilly, that the aforementioned selection be approved. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O 'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. The Village Clerk announced that filing for the April 7, 1981 APRIL 7, 1981 municipal election began at 8: 30 this morning. There were ELECTION four candidates who filed their petitions at that time; therefore, a lottery must be held to determine ballot placement. The lottery will be held at the next Board Meeting on Monday, January 26, 1981 . Trustee Gerschefske formally thanked the Finance Committee for DATA PROCESSING 1 their efforts in compiling information for the purchase of the SYSTEM new Data Processing System. Trustee Gerschefske stated that the first meeting of the 1981 BUFFALO GROVE Buffalo Grove Days Committee took place last week. The next DAYS - 1981 meeting will be held on January 29, 1981 , at which time a theme will be decided upon. Mr. Raysa reported that there will be an Attorneys Committee CABLE TV meeting regarding Cable TV on January 22, 1981 at the Mt . Prospect Village Hall . President Clayton asked if there were any questions from the QUESTIONS FROM audience. There were none. THE AUDIENCE President Clayton explained the Consent Agenda, and stated that CONSENT AGENDA any member of the audience or the Board could request that an item be removed for full discussion. There were no such requests. Moved by O' Reilly, seconded by Hartstein, to pass Resolution #81 -2, RESOLUTION authorizing the purchase of IBM System/34 Data Processing System. #81 -2 ( IBM This resolution requests waiver of bids and authorizes the System/34) Village President to execute purchase contracts with IBM. 1 5783 1/19/81 All material relative to system has been previously distributed. Upon roll call , Trustees voted as follows : AYES: 4 - Stone, O' Reilly, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Moved by O' Reilly, seconded by Hartstein, to pass Resolution RESOLUTION #81 -3 #81 -3 authorizing the acceptance of IBM Maintenance Agreement ( IBM Maintenance and IBM Licensed Program Agreement for the purchase of IBM Agreement) System/34. This resolution authorizes the Village President to execute agreements for System/34 maintenance and licensed programs for the operation of the data processing system. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Moved by O'Reilly, seconded by Hartstein, to pass Resolution RESOLTUION #81 -4 #81 -4, a yearly resolution requested by IDOT for construction ( IDOT Yearly on State Highways . IDOT annually requires resolutions by Resolution) municipalities to work on their rights-of-way for municipal purposes such as the maintenance of our underground utilities . Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O 'Reilly, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Moved by O' Reilly, seconded by Hartstein , to approve final PLAZA VERDE acceptance for Plaza Verde site improvements (Home Federal ) . (Home Federal ) Site improvements have been installed and inspected and are ready for acceptance. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein, Gerschefske NAPES : 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried . Moved by O 'Reilly, seconded by Hartstein, to grant authority GOLF EQUIPMENT to purchase, and waiver of bid for Toro Beam Sprayer and Toro Grounds Master. Staff recommends the purchase of specialized golf equipment from Chicago Toro in the amount of $9,973.00. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Moved by O'Reilly, seconded by Hartstein, to authorize Traffic TRAFFIC CONTROL Control Sign adjacent to 507 Beechwood Road. A traffic study (Beechwood Road) j recommends the placement of regulatory signage adjacent to 507 Beechwood. 5784 1/19/81 Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein, Gerschefske NAYES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Mr. Raysa answered equestions from the Board concerning the PROPOSED ORDINANC proposed Police and Fire Commission Ordinance including the (Police and Fire elimination of Division III from the Statutes, staggered terms Commission) of office for commissioners, and preference points for personnel . Discussion followed on the preference points. Mr. Raysa stated that he proposed changing the ordinance at the top of page 4 to read: "2 preference points may also be given on original appointments to regular members of the paid on-call force, and the General Service Officer who has served at least 2 years." Further discussion took place on preference points being given to military personnel . President Clayton polled the Board : "Yes" indicates favor of the preference points for military service remaining at 2 (this would be in addition to the 2 preference points given for local service) ; "No" indicates opposition: YES: 3 - Hartstein, Gerschefske, President Clayton NO: 2 - Stone, O'Reilly President Clayton voted "Yes" because this is an informal polling. The point was made that the ordinance could be worded that 2 points could be used for original appointment, and 2 points could be used for promotional purposes, but both could not be used at the same time. The statement was then made that the 2 points given to Village personnel were intended to be used for original appointment, not for promotion. Mr. Raysa explained that the State Statutes give 5 preference points on original appointment to veterans, and .7 preference points for each 6 months of service up to 30 months for promotion. Buffalo Grove has changed the points for veterans ' original appointment to 2 , but has left the .7 for promotional purposes. The 2 points may only be used for original appointment. Based upon the polling and clarification, it was recommended that: 1 ) With regard to appointment, there be 2 preference points for veterans , and 2 preference points for experience with Buffalo Grove, Inc. Therefore, an applicant could get up to 4 points for original appointments, which is still lower than the 5 points suggested in the State Statutes. 2) With regard to promotion, the accepted standards of .7 per six months of service be used for veterans, but there should be no additional credit given to former members of Buffalo Grove, Inc. 5785 1/19/81 It was pointed out that if 4 points could not be used at one time, the purpose of giving 2 points to current Buffalo Grove, Inc. personnel would be defeated, since a veteran not in Buffalo Grove, Inc. could use his 2 points from military service, and there would be no advantage to Buffalo Grove, Inc. personnel . Mr. Raysa answered questions regarding the Administrative Review Act, and Temporary Appointments. It was pointed out that, in the section on Officer's Duties and Meetings, the word "participant" was unsatisfactory; the word "advisor" was suggested. Discussion �•/ followed on this subject, and it was decided that Mr. Raysa would reword the section, and bring it back before the Board later on in the meeting. Mr. Balling noted that the final plat of subdivision, Phase I BUFFALO GROVE of the Buffalo Grove Commerce Center is before the Board for COMMERCE CENTER final plat consideration. It carries the recommendation of the (Final Plat of Plan Commission, and a contingent recommendation from the Village Subdivision) Engineer. A subdivision improvement agreement has been executed and is attached. Also, because of the unique location of this subdivision, special covenants relating to some of the hazardous waste situations and other aesthetic elements have been requested. Mr. Larry Freedman commented on Mr. Kuenkler 's memo to Mr. Balling of January 15, 1981 , regarding "no-access" covenants. He stated that they are agreeable to item (a) at the bottom of page 1 , but that they ask reconsideration of item (b) . He stated that the developer is agreeable to the recommendation of the Plan Commission, which is "a limitation of access west from lots 40 and 41 onto Armstrong with respect to truck traffic." They feel that would address the concern of the residents in the area, and still not prohibit them from making valid use of lots 40 and 41 . Therefore, they ask that the Board consider approving the Plan Commission recommendation on item (b) , rather than the complete limitation of access onto Armstrong as in the Engineer' s report. Mr. Balling noted that the recommendation of the Plan Commission was made on January 7, 1981 . Mr. Kuenkler commented on his recommendation. Mr. Freedman then displayed a plan and explained the situation , stating that it could be controlled through signage and covenants. It was also pointed out that any plat brought in for buildings on any lot in the subdivision still must come before the Village for review. Mr. Button then explained the recommendation of the Plan Commission. Mr. Kuenkler then explained his recommendation in detail to the Board. Mr. Freedman asked that the minutes reflect that, at such time as they come back to the Board with a site plan for lot 40, depending on the way it is drawn, the Board might reconsider its decision. Mr. Raysa stated that the best place to put the covenant would be on the plat. Mr. Freedman stated that was satisfactory to them, as long as it is reflected in the record that there would be a reconsideration. Mr. Freedman answered a question from the Board regarding the covenant. 5786 1/19/81 Moved by Hartstein, seconded by Stone, that the final plat of subdivision be approved, subject to the recommendation of the Plan Commission, provided that, with regard to lot 40, no access to Armstrong be allowed, and that that be reflected on the plat; and subject to the 6 points in Mr. Kuenkler's memo of January 15, 1981 . It was requested that the record reflect that it is the understanding of the Board that they would reconsider the access from lot -40, depending on the site configuration upon submission l of final site plan. Mr. Kuenkler noted that he also submitted a �•/ Paragraph 19, which is an addendum to the SIA, which will be attached. Upon roll call , Trustees voted as follows: AYES: 4 - Stone, O'Reilly, Hartstein, Gerschefske NAPES: 0 - None ABSENT: 2 - Marienthal , Kavitt Motion declared carried. Mr. Freedman stated that the acceptance of the covenant does not need action; it is just for the Board 's information. It will be submitted to the Village for information at the time it is signed. Moved by O'Reilly, seconded by Stone, to refer to the Appearance APPEARANCE PLAN Commission for Public Hearing amendments to the Appearance Plan FOR BUFFALO with regard to monotony. Upon voice vote, the motion was GROVE unanimously declared carried. Mr. Raysa brought to the Board, regarding page 1 in the proposed POLICE AND FIRE ordinance relating to the last sentence, suggested language to COMMISSION be used to eliminate the word "participate". The consensus of PROPOSED the Board was that the sentence read "take part in, but have no ORDINANCE right to vote". Mr. Raysa stated that the sentence will be phrased "will have the right to take part in all discussion, but shall have no right to vote". It was suggested that the proposed ordinance come back to the Board after all changes have been made. There were no objections to this suggestion. Mr. Raysa then noted the changes which will be made with regard to preference points. The proposed ordinance will be on the agenda on February 2, 1981 . Moved by O' Reilly, seconded by Hartstein, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:00 P.M. c Yt Janet 'i`I. Sirabian, Village Clerk APPROVED BY ME THIS , DAY OF tac. uaa _ _ , 1981 ,7, . . , ,,,_, , ____ Village President