1976-09-20 - Village Board Regular Meeting - Minutes 4707
9/20/76
MINUTES OF THE REGULAR MEETING THE PRESIDENT AND 0 TR
USTEES BOARD OF OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY,
SEPTEMBER 20, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE , ILLINOIS.
President Fabish called the meeting to order at approximately 8:00 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, Driscoll , Bogart, Carroll ,
Marienthal
Also present were Daniel Larson , Village Manager; Richard Raysa and William
Raysa, Village Attorney; Nick Rubino, Village Treasurer; Charles McCoy,
Director of Public Works; Carl Rapp, Assistant Village Engineer; Richard
Glueckert, Finance Director; and William Whited, Administrative Assistant.
1 . Minutes of Spetember 13, 1976
Moved by Carroll , seconded by Rech to approve the minutes of the regular
meeting held September 13, 1976, as published. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
2. Village Manager's Report
The Board noted the Summary of Administrative Activities for the Month of
August, 1976.
3. President 's Report
Park District
Trustee Bogart reported that the committee composed of 2 Park District
Commissioners and 2 Village Trustees was successful . He felt they were
able to arrive at some equitable solutions to some of the problems. A joint
report will be submitted to the Board next week, and a vote on each item will
be in order. The Park Board will receive the report at the same time.
Boy Scouts
President Fabish recognized a boy scout from Troop 65 who was present to
work on one of his merit badges.
4. COMMITTEE OF THE WHOLE
Buffalo Grove Golf Course
James Shirley reviewed Dick Glueckert 's memo, dated September 16, 1976,
regarding proposals from the Continental Bank and Allstate Insurance Company
for installment purchase agreements to finance purchase of the Buffalo Grove
Golf Course. Midwest Securities has offered to try to secure a loan for a fee
of li of the loan. The memo also outlined proposals from 3 bond consultants
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for assisting with the possible public sale of bonds for the financing. He
felt an installment purchase agreement would be the best method of financing
because a bond issue would include a bond consultant fee (between $2,750 and
$7,500) , underwriter fee (approximately $22,000) , legal fees, and cost of
referendum.
Mr. Shirley reviewed Mr. Raysa's memo, dated February 18, 1976, explaining
the difference between the 20 year statute and the 10 year statute for
purchasing real estate via installment contracts. Mr. Raysa did not feel
any financial institution would want to finance via the 10 year statute
because it does not provide for a separate tax levy.
Mr. Shirley suggested that the Board authorize Mr. Glueckert and Mr. Larson
to obtain further definition of the Continental Bank proposal and repayment
schedule and to ask a security house to seek additional proposals.
In response to a question from President Fabish, Mr. Shirley felt the salability
of the program is dependent upon being able to show the citizens what revenue
the golf course can generate on its own and that it will not be a burden on
the tax payers.
In response to a question from Mr. Larson, Mr. Raysa said the 20 year statute
requires a notice to be published twice in 30 days and after the last publica-
tion, another 60 days must pass to allow someone to file for a back-door
referendum. After that time, a special tax levy must be passed prior to
December 31 , 1976.
Paul Winston of Midwest Securities did not feel they would be able to find
a proposal better than Continental 's, but they would be willing to try.
Discussion took place regarding revenue sources available to a home rule
community, right to prepayment of loan without penalty, cost of a back-door
referendum, the loan being a tax free obligation of the financial institution,
negotiating a balloon payment , and repayment schedule,
Trustee Carroll referred to Mr. Glueckert 's memo and asked if the maximum
borrowing rate of 8% could be changed in the future. She noted that Continental
Bank's proposal , dated September 17, 1976, said the interest rate would not
exceed the Village's legal maximum borrowing rate. Mr. Glueckert said if the
legal maximum borrowing rate would change, Continental 's rate would change to
that maximum. Mr. Raysa said that the legal rate has changed from 5% to 8%
in the last 15 years. Mr. Winston said that home rule communities are not
subject to the 8% limitation; therefore, it is possible the rate would be
higher when the Village reaches that status.
Trustee Marienthal suggested that when the decision to purchase is made,
citizen information meetings be held as soon as possible to avoid a back-
door referendum.
Moved by Bogart, seconded by Rech to direct the staff to gather further
information regarding proposals from Allstate Insurance and Continental Bank,
enter into discussion as to interest rate, length of time, maximum borrowing
rate to be allowed, and then the Board act upon information received. Upon
roll call , the vote was:
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AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Trustee Rech requested a 7% break-down of principal and interest and a
schedule from Allstate. She also requested the Buffalo Grove Golf Club
schedule to include the tax levy for 1977.
Water Revenue Bond Refunding
Because he felt the subject should be returned to the Finance Committee for
further evaluation, it was moved by Bogart, seconded by Marienthal to table
consideration of refunding the 1970 Waterworks and Sewerage Fund Revenue
Bonds.
Mr. Shirley stated that Paul Winston of Midwest Securities is present to
discuss their proposal for the refunding and felt that he should be given the
opportunity to make his presentation.
Upon roll call , the vote was:
AYES: 2 - Bogart, Marienthal
NAYES : 4 - Mahoney, Rech, Driscoll , Carroll
Motion declared defeated.
Mr. Winston reviewed Midwest Securities full cash defeasance advance refunding
program, dated September 7, 1976. He said at Mr. Larson 's request, they worked
up figures on a simple advance refunding program. He distributed a computer
print-out on this program. Over the life of a simple advance refunding program,
the Village would pay $7,232,325 in debt on the refunding bonds, but under the
full cash defeasance program, the Village would pay $7,051 ,212 which would
be a savings of $181 , 113. He then distributed and reviewed flow charts showing
the difference in the two programs. Discussion followed.
Mr. Glueckert said that he has requested a written proposal from Peat, Marwick,
and Mitchell , Village Auditors, to assist with this program. Estimated fee
was between $1 ,500 and $2,000.
Trustee Rech said she is not in favor of the refunding program because she
felt if the reserve funds were invested carefully, the Village would come
out on the same basis. If the Board decides to proceed with the program, she
would insist on competative bidding and some type of verification from Peat,
Marwick, and Mitchell .
In response to a question from President Fabish, Mr. Winston said the new
bond issue would not have the same restrictions as the old because the
Village now has a proven "track record".
President Fabish polled the Board, "Yes" indicating willingness to pursue
further the refunding program and "No" indicating opposition. The poll
found the following:
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YES : 5 - Mahoney, Driscoll , Bogart, Carroll , Marienthal
NO: 0 - None
ABSTAIN: 1 - Rech
Moved by Bogart, seconded by Rech to return consideration of this program
to the Finance Committee for further study and recommendation and to obtain
a Peat, Marwick, and Mitchell proposal . Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Well #6
Mr. McCoy reviewed his memo, dated September 16, 1976, reviewing proposals
received for engineering design of Well #6 and recommending the contract be
awarded to Keifer and Associates, Inc. He felt that Keifer and Associates
would be able to provide the best service and most expertise in house for the
dollar.
Moved by Mahoney, seconded by Driscoll to accept Mr. McCoy's recommendation
to accept the proposal of Keifer and Associates and to direct the Village
Attorney to review the contract.
In response to a question from Trustee Rech, John Yost of Keifer and Associates
said that they are proposing a lump sum fee of $39,000. Mr. McCoy said the 3
basic methods of establishing engineering fees as follows : fixed fee, per-
centage of construction cost, or time and material with a not to exceed figure.
In response to a question from Mr. Larson, Mr. Yost anticipated that it would
take 3 months to prepare the design and an additional month to solicit and
analyze bids. He felt it would take no longer than 1 year to construct the
well .
In response to a question from Mr. Larson, Mr. McCoy said the water study
will be complete 1 month prior to completion of the design of Well #6.
Upon roll call , the vote was :
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Plaza Verde Phase II
The Board reviewed a letter, dated September 8, 1976, from Ronald Grais
requesting to revise preliminary plan for Phase II of the Plaza Verde
Shopping Center.
Moved by Mahoney, seconded by Driscoll to refer the request to the Plan
Commission. Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
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5. Board Comments
Plan Commission
Trustee Marienthal felt that firm direction from the Village Board should
be given to the Plan Commission and Village staff regarding new development
and annexation. He felt the Village should not negotiate any existing rules,
ordinances, and regulations, and if a developer wishes to discuss variations ,
some criteria must be set. President Fabish said that the Plan Commission
cannot negotiate this type of matter. Trustee Marienthal felt a developer
should know from the beginning that the Village does not want deviations
from ordinances. Mr. Larson said that when a plan is presented to the staff,
they try to make the plan as technically correct as possible.
Trustee Rech felt the Plan Commission should be directed to advise developers
that the Village plans to abide by the ordinances, and unless a developer can
prove hardship, or health, welfare and safety, or a better plan, the Village
will not consider it. Other Trustees felt that this is the procedure the
Plan Commission has been following. Trustee Mahoney felt that a change in an
ordinance should be the exception and not the rule.
10:05 P.M. - President Fabish declared a recess to be followed by an
executive session to discuss personnel and litigation.
10:40 P.M. - Tn e Board returned to the council chamber.
6. Adjournment
There being no further business to discuss, it was moved by Mahoney, seconded
by Carroll to adjourn the meeting. Upon voice vote, the motion passed
unanimously.
Time: 10:41 P.M.
Respectfully submitted,
Verna L. Clayton, Village Clerk
PASSED AND APPROVED this ; 7 day of / � 1976.
1 //; 4.-1/2,16711
Village President