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1977-03-14 - Village Board Regular Meeting - Minutes 4885 3/14/77 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, MARCH 14, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at 8: 10 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees Mahoney, Rech , Carroll Trustee Driscoll arrived at 8:50 P.M. ABSENT: Trustees Bogart , Marienthal Also present were Richard Glueckert, Acting Village Manager; William Raysa, Village Attorney; Nick Rubino, Village Treasurer; Charles McCoy, Director of Public Works; Harry Walsh, Chief of Police; Carl Rapp, Director of Community Development; William Davis , General Superintendent of Public Works; Tom Fennell , Chief Inspector; and William Sommer, Administrative Assistant. 1 . Minutes of March 7, 1977 Upon the Village Attorney's advice, approval of the minutes of the regular meeting held March 7, 1977, was deferred until Trustee Driscoll arrived. 2. Questions from the Audience _ I There were no questions from the audience. 3. COMMITTEE OF THE WHOLE Bicentennial Park Trustee Rech stated that she requested this item to be on the agenda in order to apprise the Board of plans for the Bicentennial Park to be done this spring. John Panella displayed pictures of various pieces of equipment which have been donated by the Buffalo Grove Jaycees, Buffalo Grove Junior Womens Club, and the Jaycettes. He hoped that other civic organizations would donate other pieces. Mr. Rapp reviewed plans for a bike path system for the park. Estimated cost was $3,280.00. Ron Helms, designer of the landscape plan for the park, stated that local nurseries would have to be contacted to determine availability of varieties of plants as shown on the landscape plan. Trustee Rech stated that the sandbox and related landscaping, donated by the Bicentennial Commission, would be installed this spring. When more Trustees are present, Trustee Rech requested the Board to determine how the $4,300 donation from Levitt should be used. 4886 3/14/77 Mr. McCoy reviewed his report, dated March 14, 1977, stating that a special piece of equipment will be needed to mow the grass in this park and other retention basins in the Village. Estimated cost was $4,900. He felt the Board should be aware of this before determining the disposition of the Levitt donation. President Fabish stated that the donation was for the improvement of the park site, and he felt the mower should be in the budget under new equipment since it will be used also for sites other than the park. Mr. Raysa noted that the donation was for landscaping of the park. In response to a question from Trustee Carroll , Mr. Helms estimated the cost of trees and shrubs, as shown on the landscape plan, to be $9,000. Trustee Carroll felt the trees should be planted first so that they can grow to a good size, and the bike path can be installed at any time in the future. Mr. Panella said that the bike path will save the grass and give a place for pedestrian traffic after a rain. He hoped that some of the trees would be donated. Trustee Rech requested that disposition of the Levitt donation be placed on next week's agenda. Golf Course Food and Bar President Fabish stated that selection of the food and bar operator for the golf course must be done this evening because it must be open by April 1 , 1977. He began to review proposals submitted. Trustee Mahoney requested that this discussion be deferred until Trustee Driscoll arrives since 4 Trustees are necessary for a decision. Trustee Mahoney felt that consideration of the lessee should be done in executive session. Mr. Raysa felt that an executive session would be permissible since this would be analogous to personnel discussion. Centex Water Agreement Michael Morrison, attorney representing Centex and 111 E. Chestnut Corporation, submitted e, ecuted copies of the Centex water agreement which would provide for installation of a well and reservoir in the Ridgewood Subdivision. President Fabish stated that this will be placed on a future agenda for review and approval by the Village. Lake County Forest Preserve District Trustee Rech stated that there is a possibility that the Lake County Forest Preserve District will be negotiating for the 200 acre Stielow farm, west of the Popp farm. She read a resolution from the Village of Long Grove 1 endorsing this acquisition and suggested that Buffalo Grove consider adopting a similar resolution. President Fabish stated that he would prepare a resolution for Board consideration. 8:45 P.M. - The President declared a recess. 9:00 P.M. - The meeting resumed. Trustee Driscoll arrived during the recess. 4887 3/14/77 President Fabish called the meeting to order to commence conducting business. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees Mahoney, Rech , Driscoll , Carroll ABSENT: Trustees Bogart , Marienthal Winston Square Phase I Michael Morrison, attorney representing Centex Homes, explained that the new approved Ridgewood final plat of subdivision cannot be recorded until the old Winston Square Phase I plat of subdivision is vacated. Moved by Mahoney, seconded by Driscoll to approve the plat of vacation for Winston Square Phase I . Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Carroll NAYES: 0 - None ABSENT: 2 - Bogart, Marienthal Motion declared carried. Golf Course Food and Bar Moved by Mahoney, seconded by Driscoll to move to executive session to discuss prospective food and bar operators for the Buffalo Grove Golf Course. Trustee Rech did not feel an executive session was necessary because it is a contractural agreement and not actually hiring personnel . Trustee Mahoney said that this operator will be working with the Village staff on a daily basis and is not an outside consultant. He felt it would be in the best interest of the Village to be able to discuss frankly the type of operator needed. John Frank, reporter for the Buffalo Grove Herald, said the Herald would like to be on record as strenuously objecting to the executive session viewing it as a perversion of the spirit of the law. Trustee Mahoney responded on the record that Paddock Publications has consistantly made "Mickey Mouse" record as far as ethics in journalism is concerned. Mr. Raysa said that the reason to discuss personnel in executive session is to protect the right of privacy of the people being discussed. feltexecutive session should be held later in the meeting Rech an s ss on s ou so that people in the audience for other agenda items will not have to wait. Trustee Mahoney agreed and withdrew his motion. Moved by Mahoney, seconded by Driscoll to table consideration of the food and bar operator until the end of the agenda. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Carroll NAYES: 0 - None ABSENT: 2 - Bogart , Marienthal Motion declared carried. 4838 3/t4/77 Club House Carpeting Moved by Rech, seconded by Mahoney to table consideration of the club house carpeting until a full Board is present. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech , Driscoll , Fabish NAPES : 1 - Carroll ABSENT: 2 - Bogart , Marienthal Motion declared carried. Green/Mueller Property David Addis, attorney representing the developer of the Green/Mueller property, stated that the Plan Commission, Park District , and Village staff favor the concept of combining the Strathmore Grove Unit #3 (Camelot) park and the Green/Mueller park into 1 large neighborhood park. He displayed maps on how this can be accomplished. He requested the Board's reaction to the concept. Lengthy discussion followed. Plan Commissioner Howard Keister stated that the Commission unanimously agrees that this park concept is most desirable. The rest of the Green/ Mueller development will be considered at a public hearing in the near future. Park District Commissioner Richard Lapham stated that the Park District Board has reviewed and approved the concept. He said the combining of the two sites will provide the Park District with a facility that will allow them to better serve the three effected subdivisions. Moved by Rech, seconded by Mahoney to approve in concept the combined park site. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Carroll NAPES: 0 - None ABSENT: 2 - Bogart, Marienthal Motion declared carried. Ordinance #77-12 Chief Walsh reviewed his memo, dated January 27, 1977, requesting the Board to consider adopting a new Disorderly Conduct Ordinance and a Marijuana Ordinance. Trustee Mahoney read Ordinance #77-12, DISORDERLY CONDUCT ORDINANCE. Moved by Mahoney, seconded by Rech to approve Ordinance #77-12. Discussion followed. Chief Walsh and Mr. Raysa stated that the present Disorderly Conduct Ordinance is unconstitutional . Trustee Carroll requested that in the future, when the Board is to consider a new ordinance, a copy of the old ordinance be dis- tributed to the Board. Upon roll call , the vote was : 4889 3/14/77 AYES: 4 - Mahoney, Rech , Driscoll , Carroll NAYES: 0 - None ABSENT: 2 - Bogart , Marienthal Motion declared carried. Minutes of March 7, 1977 Moved by Rech, seconded by Mahoney to approve the minutes of the regular meeting held March 7, 1977, as published. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Fabish NAYES: 0 - None ABSTAIN: 1 - Carroll ABSENT: 2 - Bogart, Marienthal Motion declared carried. Ordinance #77-13 Trustee Mahoney read Ordinance #77-13, CANNABIS CONTROL ORDINANCE. Moved by Mahoney, seconded by Rech to approve Ordinance #77-13. Chief Walsh noted that adoption of this ordinance would reduce paper work in the Police Department and hopefully there will be action taken in court since a criminal record would not be present. Trustee Carroll stated that she is not in favor of decriminalization of marijuana, as this ordinance would do. Instead, she favored legalization of marijuana to put it on the same level as tobacco and alcohol . Trustee Mahoney stated that legalization is a matter for national and state legis- latures, that a municipal board has no power to enact any law of a criminal nature. He said this ordinance will enable the Police Department to enforce the law by means of a civil fine. Trustee Carroll felt the law should be changed, not make new laws to circumvent a law that is not proper. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Fabish NAYES: 1 - Carroll ABSENT: 2 - Bogart, Marienthal Motion declared carried. Police Cars Chief Walsh reviewed a memo, dated March 4, 1977, from William Davis recommending the purchase of 5 marked squad cars ($20,500) and 1 Dodge Aspen ($4,100) to be ordered in April , 1977. He agreed with this recommenda- tion. Moved by Rech, seconded by Mahoney to approve the purchase of 5 marked squad cars and 1 Dodge Aspen as outlined in Mr. Davis ' report , dated March 4, 1977. Upon roll call , the vote was: 4890 3/14/77 AYES: 4 - Mahoney, Rech , Driscoll , Carroll NAYES: 0 - None ABSENT: 2 - Bogart , Marienthal Motion declared carried. Golf Course Food and Bar President Fabish stated that , per Board direction, he interviewed prospective operators fur the golf course food and bar area. The following proposals were received: John Butero - $1 ,100 per month for a 2 year period Security deposit based upon Village requirement Maintenance of equipment Maintenance of locker rooms Maintain in top sanitary condition Buffalo House - $675 per month for a 2 year lease Utilities shared on 50/50 basis l Responsible for the first $100 on all equipment maintenance cost Replacement of equipment will be responsibility of lessor Deposit of $1 ,500 Sara M. Adams - $1 ,000 per month Responsible for liquor license and insurance Utilities shared on 50/50 basis Gerry's Deli - $1 ,000 per month Utilities shared on 50/50 basis Deposit of $1 ,500 Install $25,000 worth of kitchen equipment Want Village to renovate (carpeting, chairs, etc. ) and rent would be adjusted to pay for it Mary S2izzirri - Proposal contained no specifics Trustee Mahoney stated that he would like to have President Fabish 's frank opinion of the people involved; therefore, he felt an executive session should be held. Mr. Raysa stated that there is no case law stating that an executive session may or may not be held to discuss a lessee. He said the question would be "Is a lessee an employee?" Trustee Mahoney stated that he is not, but he is personnel in a sense because he will be on the premises 10 or 12 hours a day. He said the factors to be weighed are the same factors in determining a management employee. Moved by Mahoney, seconded by Driscoll to move to executive session to discuss personnel . Upon roll call , the vote was: AYES: 4 - Mahoney, Driscoll , Carroll , Fabish NAYES: 1 - Rech ABSENT: 2 - Bogart , Marienthal Motion declared carried. 4 891 3/14/77 Trustee Rech said that even though she voted no, she will participate in the executive session because this will be an important decision for the Village. 10:15 P.M. - The Board adjourned to executive session. 10:40 P.M. - The Board returned to the council chambers. President Fabish announced that the Board has narrowed consideration down to 2 proposals, The Buffalo House and Gerry's Deli . He thanked the other people for submitting proposals. Lengthy discussion took place with the prospective lessees with regard to when they could open , willingness to include a 90 day termination clause, renovation of club house, term of lease, and type of operation each would run. Trustee Mahoney stated that last week the Board had a tie vote on installation of new carpeting in the club house. Since Trustee Carroll would be the swing vote, he asked her to informally make her opinion known so that the staff and prospective lessees will know if it will be provided. Trustee Carroll stated that she was leaning in the direction to purchase the carpeting, and because both prospective lessees have indicated that this must be done, her opinion has been made firmer that the new carpeting must be installed. Moved by Mahoney, seconded by Carroll that an ad hoc committee of 3, comprised of the Acting Village Manager, the Director of Public Works, and the Director of Golf Operations, be formed and that they contact , as soon as possible, both the prospective lessees and, acting on advice of the Village Attorney as to major points that would have to go into a lease, conduct an in depth interview with both of them, poll themselves as to who would be the better tenant, and advise the Village President of their decision as soon as possible. Upon roll call , the vote was : AYES: 4 - Mahoney, Rech, Driscoll , Carroll NAPES: 0 - None ABSENT: 2 - Bogart, Marienthal Motion declared carried. In response to a question from Ms. Teichman of the Buffalo House, President Fabish stated that no more proposals will be accepted. 1977-73 Budget Consideration of the first draft of revenue portion of the budget for next fiscal year was deferred. 4. Executive Session Mr. Glueckert stated that the new Village Manager has requested an executive session to discuss personnel . 4892 3/14/77 Moved by Driscoll , seconded by Mahoney to move to executive session to discuss personnel . Upon voice vote, the motion passed unanimously. Time: 11 :55 P.M. Respectfully submitted, /l Verna L. Clayton , Village Clerk; PASSED AND APPROVED this day of �� � 1977. Village President (�