1976-02-09 - Village Board Regular Meeting - Minutes 4476
2/9/76
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,
FEBRUARY 9, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
In the absence of the President, the Clerk called the meeting to order at
approximately 8: 10 P.M. Those present stood and pledged allegiance to the
Flag. The Clerk called the roll and found the following:
PRESENT: Trustees Mahoney, Rech, Carroll , Marienthal
President Fabish arrived at 8:30 P.M. and Trustee Bogart arrived
at 8:40 P.M.
Also present were Daniel Larson, Village Manager; James Shirley, Village
Treasurer; Arnold Seaberg, Village Engineer; Harry Walsh, Chief of Police;
Richard Glueckert, Finance Director; and William Whited, Administrative
Assistant. Richard Raysa, Village Attorney, arrived at 9:00 P.M.
Moved by Carroll , seconded by Marienthal to appoint Trustee Mahoney President
Pro Tem in President Fabish's absence. Upon voice vote, the motion passed
unanimously.
1 . Minutes of February 2, 1976
Moved by Rech, seconded by Carroll to approve the minutes of the regular
meeting held February 2, 1976, as published. Upon roll call , the vote was :
AYES: 4 - Mahoney, Rech, Carroll , Marienthal
NAPES : 0 - None
ABSENT: 2 - Driscoll , Bogart
Motion declared carried.
2. Questions from the Audience
Water Department Complaints,
Robert Signa, 118 Downing, reviewed his letter, dated February 4, 1976,
outlining three grievances with the Water Department as follows :
I . Problem of water meters not registering properly, the inside meter and
outside meter not being of the same readings.
2. Problem of Water Department trying to collect monies from the former
tenant a.t 5 Brucewood Court.
3. Problem of a "non-compliance" of water hookup at 5 Brucewood Court.
It was decided to ask the Water Department to investigate the complaint
and report to the Board. Mr. Signa is to be advised of the report. In the
meantime, no lien will be placed against the property at 5 Brucewood Court
and no action will be taken on the "non-compliance" until the matter is
investigated. /�
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2/9/76
3. COMMITTEE OF THE WHOLE
Omni-House
Irving Capitel , Omni-House Board Member, reviewed their Village of Buffalo
Grove Proposal , dated January 23, 1976, and requested $20,000 in support
for their 1977 fiscal year of June 1 , 1976, to May 31 , 1977. He noted
various services rendered to the Village.
President Fabish arrived during the presentation.
Mr. Larson asked if Village committment could wait until the Board has
finished budget review. Mr. Capitel stated that it could. Mr. Shirley
recommended that no formal commitment be made until revenue projections
and operational needs for the next fiscal year are determined.
In response to a question from President Fabish, Chief Walsh stated that
Omni-House services do not make the Police Department 's work less but it
does make it more effective.
Trustee Rech stated that the Board recognizes the benefits derived from
Omni-House services, but the request for financial support is a 25% increase
over last year's contribution, and the Village's revenue has not increased
25%. She felt the Board would support Omni-House but did not know to what
degree. Mr. Capitel stated that Omni-House would appreciate whatever level
of support the Village could give.
President Fabish assured Mr. Capitel that the request would be given careful
consideration during budget hearings.
Transportation Committee
- I
President Fabish asked the reporters if they would publicize the fact that
the Transportation Committee needs two or three more members. Any interested
person should contact the President.
Crime Prevention Grant
Chief Walsh reviewed his memo, dated February 2, 1976, regarding an Illinois
Law Enforcement Commission ( I .L.E.C. ) grant for a Crime Prevention Bureau.
The Village's share of the $55,457.00 program would be $2,773.00. The grant
must be accepted by February 13, 1976, or the opportunity and funding would
be lost. He recommended the grant be accepted under the terms stipulated;
however, he felt a cover letter should be sent indicating that the Village
does not waive its right to apply for subsequent funding if it appears
possible. If future funding is not possible, he felt the program could be
carried on because the impact of the program would be felt in the first year.
He described the type of work that would be involved and the equipment
required.
President Fabish asked if the Village would be committed to retain the
additional personnel when the grant expires. Chief Walsh replied affirma-
tively and explained that there is need to hire two additional officers in
fiscal year 1976-77 and that by hiring the three under the grant, only one
additional person would have to be absorbed in 1977-78.
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2/9/76
Moved by Bogart, seconded by Carroll to approve the request of Chief Walsh
and the I .L.E. C. grant as outlined in Chief Walsh's memo of February 2, 1976.
Upon roll call , the vote was :
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
`./ President Fabish thanked Sgt. Blanchette for his work in obtaining the grant.
Police Vehicle
Chief Walsh reviewed his report , dated February 6, 1976, regarding replacing
a squad car damaged in an accident. He recommended that a 1976 squad car be
leased from Grand Spaulding Dodge on a lease-purchase basis.
In response to a question from Mr. Shirley, Chief Walsh stated that blue
book value of the squad is $2,000, damage on the squad is $2,338.47, a new
squad would cost $4,300, and rental on a squad would be between $185 and $200
per month. Mr. Shirley recommended a new squad be purchased now, using the
insurance money as a down payment and the balance being paid in 45 days. He
said that he and Mr. Glueckert are considering a recommendation to stagger
vehicle fleet replacement.
Mr. Raysa arrived.
Moved by Carroll , seconded by Marienthal to authorize the Police Department
to secure a new police car to replace the one destroyed at a cost not to exceed
$4,500 contingent upon the findings of the insurance company and to waive
formal bids due to the emergency nature of the situation. Upon roll call ,
the vote was :
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
Vehicle Code
Chief l•lalsh reviewed his memo, dated January 26, 1976, regarding the reasons
for adopting by reference the Illinois Vehicle Code and a particular Buffalo
Grove supplement.
Moved by Mahoney, seconded by Rech to direct the Village Attorney to prepare
an ordinance incorporating by reference the Illinois Vehicle Code as Buffalo
Grove's municipal vehicle ordinance. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart , Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
President Fabish thanked Sgt. Voigt for his work on the Vehicle Code.
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2/9/76
Santoro Parcel
Salvatore Santoro, Beneficial Agent for Midwest Bank and Trust Company
U/T #71-10-671 owners of the B-2 parcel located at the northwest corner of
Route 83 and proposed Lake Cook Road, was present to discuss the extension
of their annexation agreement. He said that when he appeared before the
Board on November 3, 1975, it was agreed that the annexation and zoning would
be extended for a two year period, but that on December 2, 1975, the Board
l passed an ordinance granting a one year extension. He requested that the
v Ordinance be corrected.
Mr. Raysa stated that on November 3, the Board directed him to prepare an
ordinance extending the agreement for two years. When the Ordinance was
presented to the Board, it failed to pass and was subsequently changed to a
one year extension.
Mr. Larson suggested that Mr. Santoro request the Board to zone the property
B-2 with a special use and let the annexation agreement expire. Mr. Raysa
stated that because the property reverts to R-1 when the annexation agreement
expires, a zoning hearing would have to be held to zone it B-2.
President Fabish polled the Board to determine the length of extension they
would agree to grant. The poll found the following:
1 year: Rech, Bogart, Marienthal
2 year: Mahoney, Carroll
Absent: Driscoll
Mr. Santoro suggested that the question be left open and pursued at a later
date.
Mill Creek Improvements
Moved by Bogart, seconded by Carroll to remove from table consideration of
acceptance of public improvements in the Mill Creek subdivision.
In response to a question from Trustee Bogart, Robert Gamades, Director of
Operations for Miller Builders, stated that he has paid invoices showing that
the retention basin banks had been fine graded on November 16, 1971 , and on
October 30, 1972. Trustee Bogart stated that the slopes of the basin are
dangerous. He said the School District has no recollection of Miller Builders
fine grading the banks and the Park District has no record of it. The Park
District has estimated that the cost of fine grading and seeding would be
$1 ,457. Trustee Bogart asked if Miller Builders would consider paying $1 ,090
and letting the Park District grade the area. Mr. Gamades stated that Miller
Builders has graded it twice but that the Park District and School District
have let it succumb 'to erosion. He did not feel the developer should be
penalized for negligence of another.
William Kiddle, Vice President of the Buffalo Grove Park District, stated that
the date of the deed held by the Park District is February 22, 1972. He said
the area was never graded to the satisfaction of the Park District and School
District. Lengthy discussion followed.
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2/9/76
Trustee Bogart had the following complaints:
1 . Concrete pavement and curbs are cracked in Unit I . They were
repaired with epoxy but do not look good.
2. Miller Builders promised trees for the park, but they now advise
that the person making the promise did not have the authority to
do so.
3. Miller Builders advises that they have graded the slopes of the basin.
He asked the Board to make a visual inspection.
4. The minutes of May 26, 1969, show that Mr. Meyerson of Miller Builders
agreed to provide fencing and/or sidewalks along Arlington Heights
Road at the school/park site. This was never done.
Mr. Seaberg stated that the minutes of May 26, 1969, also stated that a covenent
re fencing and/or sidewalks was to be submitted within 18 months. It was never
submitted. He also noted that the annexation agreement recites that no improve-
ments are required along Arlington Heights or Dundee Roads.
Mr. Seaberg stated that in 1973, the School District requested that the large
mound of dirt on their property be moved so that construction of the school
could be completed. At that time, Miller Builders removed the mound but did
/444.3. not fine grade and seed the slope djacent to the mound. '9 . :..�. - .� "
Nd"�i/e ia�'sr.i-mow - �.�Z -o . -...s- ✓�' - ,i'e _.c� �/
/� In response to a question from Mr. Gamades, Mr. Seaberg stated that the Park
District estimates the area involved is approximately 600 lineal feet of slope
that is 15 feet wide. Mr. Gamades stated that based on Mr. Seaberg's comments,
he would seed the slope if the Park District would grade it.
Trustee Carroll asked if the Park District would grade the area in question.
Mr. Kiddle suggested that the $1 ,457 be placed in escrow and the Park District
would seek out the people to do the job.
Trustee Rech asked if Miller Builders would be willing to share the cost with
the Park District if it were $700. Mr. Gamades doubted that the work would
cost $1 ,457. Trustee Mahoney suggested that Miller Builders pay half the cost
of grading and seeding not to exceed $700. Mr. Gamades requested to be notified
when the work will be done so that he may have a man present.
Moved by Mahoney, seconded by Rech to accept the compromise agreement as dis-
cussed at the February 2, 1976, meeting with the understanding that Miller
Builders agrees to pay half the cost of grading and seeding not to exceed $700
and work to be done within six months. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
Moved by Marienthal , seconded by Mahoney to approve the Certificate of Final
Acceptance and Approval of public improvements in Mill Creek Subdivision
Units 1 , 2A, 2 B, 3, and Apartments, Phase I .
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2/9/76
Trustee Bogart requested Mr. Raysa 's opinion with reference to the verbal agree-
ment to provide fencing and/or sidewalks along Arlington Heights Road. Mr.
Raysa requested time to review the minutes of May 26, 1969, and annexation
agreement.
10: 10 P.M. - The President declared a recess.
10:25 P.M. - The meeting resumed.
Mr. Raysa stated that the annexation agreement specifically recites that the
owner shall not be required to provide public improvements on Dundee and
Arlington Heights Roads. At the time of plat approval , a verbal agreement
was made for fencing and/or sidewalks on Arlington Heights Road, but that it
should have been done in 18 months. Because it was not, the Village lost its
right to require it.
In response to a question from Trustee Bogart, Mr. Raysa stated that to prevent
this from happening in the future, any agreements should be in writing or in
the form of an amendment to the annexation agreement.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
Trustee Bogart 's affirmative vote was because legal counsel advises that the
verbal agreement cannot be enforced.
Mr. Gamades presented Mr. Larson with two checks, ($8,339.03 and $685. 75) per
the negotiated settlement.
Ordinance #76-2
President Fabish read Ordinance #76-2, AN ORDINANCE AMENDING ORDINANCE, PROVIDING
FOR THE REGULATION AND OPERATION OF THE COMBINED SEWER AND WATER SYSTEM AND
FIXING RATES AND CHARGES (ORDINANCE NO. 70-9) .
Moved by Rech, seconded by Bogart to approve Ordinance #76-2.
Mr. Larson stated that the recommendation of the Committee was to continue
billing the $6 basic charge when water service to a particular unit has been
discontinued. He asked if this is the manner in which the Board wishes the
billing to be administered. Lengthy discussion followed regarding collection
of same. Trustee Marienthal suggested that a two month advance payment be
required similar to the one for garbage service. Trustee Rech asked Mr. Raysa
for a legal opinion on the suggestion.
Trustee Carroll did not feel the $6 per month charge should be billed to people
with discontinued water service. Mr. Raysa stated that the service has been
rendered virtue to the fact that the Village has a water and sewer system and
his premises has been connected to the system. Mr. Larson stated that all
people calling for a final water bill will be so advised.
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2/9/76
In response to a question from Trustee Bogart, Mr. Larson stated that a letter
will be sent to all residents explaining the new water sewer rate.
Upon roll call , the vote was :
AYES: 4 - Mahoney, Rech, Bogart , Marienthal
NAYES: 1 - Carroll
ABSENT: 1 - Driscoll
1 Motion declared carried.
�/ Trustee Carroll stated that her negative vote was based on the $6 per month
charge to people who had discontinued water service. She agreed with the rate
change but she did not feel people should continue to be charged once they have
been sent a final bill .
Golf Course Equipment
Mr. Larson reviewed his memo, dated February 5, 1976, requesting purchase of
a greensaire for the golf course. He recommended 1 Ryan Greensaire II be
purchased from George A. Davis for a price of $2,790. Purchase will be charged
to the Golf Fund. The equipment cannot be rented because it is not available.
In response to a question from Trustee Marienthal , Mr. Larson stated that
sealed bids were not solicited because only two companies offer the equipment.
In response to a question from Trustee Bogart, Mr. Raysa stated that if the
equipment is purchased from the Golf Fund, it will belong to the owner should
the Village not purchase the golf course.
Moved by Mahoney, seconded by Bogart to purchase 1 Ryan Greensaire II from
George A. Davis for a price of $2,790. Upon roll call , the vote was:
AYES: 4 - Mahoney, Rech, Bogart , Carroll
NAYES: 1 - Marienthal
ABSENT: 1 - Driscoll
Motion declared carried.
After discussion, it was agreed that in the future, sealed bids should be
solicited.
Village Audit
Mr. Larson reviewed the proposal from Peat, Marwick, Mitchell & Co. for the
conduct of the audit for the fiscal year ended April 30, 1976.
L/ Moved by Mahoney, seconded by Carroll to table consideration of auditor until
Treasurer Shirley's recommendation is received. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
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2/9/76
Carnivals
The Board reviewed a staff report, dated January 27, 1976, regarding carnival
fees. Moved by Bogart, seconded by Marienthal to direct the Village Attorney
to prepare an amendment to the Amusement Ordinance to change fees to:
$50 minimum fee (Amusement License) , $10 operating per day (Carnival Fee) ,
$5 daily operating charge per ride (mechanical inspection fee) and to delete
the paragraph providing for waiver of fee to charitable organizations. Upon
roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
Administrative Order #18
The Board reviewed proposed Administrative Order #18 regarding training policy
for Village employees. The Board felt it was a progressive and worthwhile policy.
Illinois Department of Personnel
Mr. Larson reviewed his memo, dated February 5, 1976, regarding a proposal for
the development of a pay and position classification plan for Village employees
by the State of Illinois Department of Personnel . He said the review will be at
no cost to the Village.
Moved by Bogart , seconded by Mahoney to table consideration of the proposal
until more definitive information is received. Upon roll call , the motion
passed unanimously.
4. Board Comments
Snowmobiling
Trustee Mahoney requested a clearer answer on the possibility of posting
"no snowmobiling" signs on the park site in Strathmore Grove.
Bicentennial Commission
Trustee Bogart announced that the Bicentennial Commission will meet Tuesday,
February 10, 1976, at 8:00 P.M. to review the possibility of acquiring a
buffalo statue.
5. Adjournment
�./ Moved by Marienthal , seconded by Rech to adjourn the meeting. Upon voice
vote, the motion passed unanimously.
Time: 11 :25 P.M.
Respec ly submitted, 7
Verna L. Clayton, Village Clerk/
77,
PASSED AND APPROVED this lG day of / , 1976.
oh,/ a
Village President