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1974-10-21 - Village Board Regular Meeting - Minutes 4041 10/21/74 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, OCTOBER 21 , 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE , ILLINOIS. In the absence of President Armstrong, the Village Clerk called the meeting to order at approximately 8: 10 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. l L•/ The Clerk called the roll and found the following: PRESENT: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech, Driscoll ABSENT: President Armstrong Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; and Charles McCoy, Director of Public Works. Trustee Osmon moved Trustee Shirley be appointed President Pro Tem in the absence of President Armstrong. Trustee Driscoll seconded the motion , and a voice vote found the following: AYES: Trustees Osmon , Rathjen , Mahoney, Rech, Driscoll NAYES: None ABSTAIN : Trustee Shirley The motion carried. 1 . Minutes of October 14, 1974 Trustee Mahoney moved the minutes of October 14, 1974, be approved as submitted. Trustee Rathjen seconded the motion. Trustee Rech requested on page 4040, the following insertion be placed after the Zoning Board of Appeals paragraph: "Trustee Rech, in reply to Mr. Kochendorfer's question earlier, stated it was her recollection that the Wheeling Fire District was not to pay the Fire District referendum costs , thus making it a Village expense. President Armstrong directed Mr. Larson to determine with the Fire District who will pay for the referendum". The Clerk called the roll and found the following: AYES : Trustees Shirley, Rathjen , Mahoney, Rech, Driscoll NAYES: None ABSTAIN: Trustee Osmon The motion carried with addition made. 2. Warrant #298 Trustee Shirley presented Warrant #298 in the amount of $322,989.87. Trustee Driscoll moved to approve Warrant #298 as submitted. Trustee Rech seconded the motion. Trustee Osmon questioned luncheon expenses for Dan Larson, Bill Balling, and Herald Reporter, John Maes and felt this expense was unwarranted. Mr. Larson stated this was done to acquaint Mr. Maes with the Village and Village activities. Trustee Rech felt there should not be luncheons of this nature so as not to set a precedent. 4042 10/21/74 Trustee Osmon requested the J. P. Miller Artesian Well payment for rehabilitation of Well #1 be removed from the warrant until the Board has had time to discuss the item on the agenda. There was no objection from the Board to remove the item. Trustee Rathjen questioned items , such as Jo-Ann's Flowers payment and luncheon expenses for Mr. Larson being placed under Water Operating Fund and stated if these items are not legitimate under Water Fund, he did not feel the water rates could be raised with these items as background. Trustees Osmon and Rech concurred. Trustee Osmon requested an itemized listing of petty cash expenses be placed on the warrant in the future. Trustee Shirley stated the petty cash expenses are spread over various departments and detailed expenses are available in the warrant file. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon, Rathjen , -MelieRey-, Rech , Driscoll NAYES: NeAe The motion carried with the J. P. Miller item deleted from the warrant. 3. Village Manager's Report Mr. Larson reviewed the monthly Treasurer's Report and presented the Summary of Administrative Activities for the month of September 1974. Trustee Rech noted that a Health Department Report has not been included for at least five months. Mr. Larson stated he received a Health Department Report today and would send a copy to the Board in next week's packets or in next month's Village Manager's Report. 4. Standing Committee Reports Community Services Commission Trustee Rech announced the Community Services Commission will meet briefly Wednesday, October 23, 1974, at 7:30 P.M. at the Village Hall for the purpose of election of officers and determining the terms of office. Trustee Shirley noted that in connection with the Bicentennial Commission recently created, the Stevenson High School Patriot Band has been selected as the first marching band from the State of Illinois to participate in the Bicentennial Parade to be held in Boston in April of 1976, and perhaps the Commission might want to meet with the Band to see if they can be helpful in any way. Fire District Referendum Trustee Osmon stated an informational meeting was held last Thursday regarding the upcoming Fire District referendum, but that the only people in attendance were those making the presentation. He stated future meeting dates will be announced at the next meeting. Trustee Rech questioned who will be bearing the cost of the referendum. Mr. Larson stated this question will be brought before the next Wheeling Fire Protection District Board of Trustees meeting scheduled next Wednesday. 5. COMMITTEE OF THE WHOLE Stielow Property 4043 10/21/74 Trustee Shirley noted discussion of the proposed annexation of the Stielow property was tabled last week and in the absence of any of the parties involved, it will remain tabled until next week. Trustee Rech noted the motion last week pertained to the tabling of discussion until after the court hearing on November 12 and questioned why this item was placed on the agenda at all . Mr. Larson stated it was placed on the agenda at the request of the petitioner since the objections raised and the hearings before the Judge in Lake County do not pertain to this question, and all that is being asked is to refer to the Plan Commission and the Appearance Control Commission for public hearings. Trustee Shirley stated the petitioner feels the case currently pending has no bearing on whether or not there is a valid order that the Village must consider their request for annexation, and suggested a copy of the objections should be obtained to determine whether to adhere to the motion made last week. Trustee Rech moved to direct Mr. Raysa to investigate the corridor annexation question in regard to the Miller Development (Stielow Property) ; if the Board can direct this to the Plan Commission; and report back to the Board. Trustee Osmon seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech, Driscoll NAYES : None The motion carried. Buffalo Grove Days Report Mr. Robert Bogart , co-chairman of Buffalo Grove Days , presented the report for the Annual Buffalo Grove Days , 1974. He noted recommendations of the Committee that next year's chairmen be appointed by January 1 , 1975, and that the weekend for Buffalo Grove Days not be changed from the Labor Day weekend due to the number of people necessary to operate the festivities and the availability of bands. Trustee Osmon noted a previous determination of the Board to include a survey in a newsletter to determine what dates would be most suitable. Trustee Driscoll stated a newsletter will not be mailed until after the first of the year. Trustee Shirley felt the results of this resident survey would be too late and felt the arguments of the Buffalo Grove Days Committee are very strong. Trustee Rech felt the date should be kept the same for 1975, and determine from the survey what dates would be most suitable for 1976. Trustee Rathjen moved to accept the report as submitted and keep the Buffalo Grove Days celebration on the Labor Day weekend. Trustee Mahoney seconded the motion , and a voice vote found the following: ``•/ AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech, Driscoll NAPES: None The motion carried. Mr. Bogart reviewed the summary of receipts and disbursements and noted the cost of Buffalo Grove Days to the Village was $1 ,399. Mr. Michael Chamberlain presented a detailed analysis of receipts and disbursements. Trustee Shirley thanked the Committee for an excellent job. 4044 10/21/74 Upon recommendation of Trustee Shirley, liaison to the Buffalo Grove Days Committee, Trustee Osmon moved to request the Jaycees to assume general chairmanship of Buffalo Grove Days , 1975. Trustee Rathjen seconded the motion , and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried. Animal Control Ordinance Mr. Larson reviewed the Board of Health's recommendation to license, innoculate, and leash cats. He also reviewed Police Chief Walsh 's memo which stated the Police Department does not have the personnel to effectively enforce a leash ordinance, but that licensing and innoculation is necessary. In reply to a question from Trustee Mahoney, Mr. Raysa stated that the Village has no ordinance requiring cats to be innoculated. Trustee Mahoney stated he favored an ordinance of this type. In reply to a question from Trustee Mahoney, Mr. Raysa stated the new State Animal Act gives municipalities the right to control cats. Trustee Mahoney requested that Mr. Raysa investigate the legality of leashing cats, and when that is determined, all three items should be considered. In response to a question from Trustee Osmon , Trustee Mahoney stated that he attended the Board of Health meeting when this item was discussed. He stated that the recommendation was unanimous. Dr. William Fabian, 9 Charles Court , stated that he felt that innoculation and licensing of cats should be considered and cited incidences of rabies in wild animals and cats. However, he hesitated to favor leashing cats. Trustee Mahoney moved to table the question until receipt of Mr. Raysa's opinion on the Village's authority to leash cats. Trustee Driscoll seconded the motion , and a voice vote found the following: AYES: Trustees Shirley, Osmon , Rathjen , Mahoney, Rech , Driscoll NAPES: None The motion carried. Fire Department/Paramedics Trustee Shirley introduced Mr. Stan Margulies for the purpose of making a presentation. Mr. Margulies presented a check in the amount of $500 from the Ranch Mart Merchants Association to the Buffalo Grove Fire Department Paramedics. Fire Chief Winter thanked the Ranch Mart Merchants Association for their contribution. Well Number One Mr. Larson reviewed his report , dated October 16, 1974, regarding Well #1 test pumping expenses and recommended the Board authorize the payment of 4045 10/21/74 $44,775. 18 to J. P. Miller Artesian Well Co. In reply to a question from Trustee Osmon regarding the cleanout expense of $46.00 per hour, Mr. Larson stated the hours have been checked through Mr. Miller's daily worksheets. Trustee Osmon asked if our men have checked the hours worked and noted there is a serious question as to the amount of hours used and the haulage that was entailed. Mr. McCoy stated there was some spot checking. Trustee Osmon recommended hours be checked more closely in the future. Trustee Osmon referred to Mr. William Davis ' letter of September 10 , 1974, page 3, item 10, and noted the oversight in the specifications by Hattis Engineering and requested the additional cost be billed to Hattis. Trustee Mahoney stated if the specifications had included test pumping, possibly the bid would have been higher. Trustee Osmon stated Hattis carries Errors and Omission insurance and felt the Village has a valid claim. Trustee Rathjen stated there were a series of bad judgments on the part of Hattis and the Village, and recommended Mr. Raysa contact J. P. Miller Artesian Well Co. and try to reach a settlement on this. Mr. Raysa stated he does not know if the Village has suffered any damage since the test pumping was needed. Trustee Mahoney requested Mr. Raysa review the entire file and determine whether the Village has any negotiating posture, and if the Village has , to pursue it. Trustee Rathjen moved to have Mr. Raysa review the matter and apprise the Board of their legal rights. Trustee Mahoney seconded the motion. Trustee Osmon felt Mr. McCoy and Mr. Larson would be better qualified to negotiate, the matter with Hattis and J. P. Miller since they are more familiar with the matter. Trustee Mahoney felt the Board should know their legal rights before pursuing the matter further. Trustee Shirley noted the amount in question is $13,236.00 and the total amount owed is $44,775. 18. Mr. Larson recommended payment of $20,000, showing good faith on behalf of the Village in dealing with the contractor. Trustee Rathjen amended the motion to include payment of $20,000 recommended in the warrant. Trustee Mahoney seconded the amendment. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech, Driscoll NAPES: None The motion carried. Trustee Shirley noted that approval of this motion also approves the warrant as submitted. Supplemental Maintenance Agreement Mr. Larson reviewed the Supplemental Agreement for the maintenance of traffic signals at Buffalo Grove Road and Dundee Road and at Arlington Heights Road and Dundee Road, noting the Village's share will be 75% of the energy expense 4046 10/21/74 and maintenance of the traffic signals , invoiced on a quarterly basis. In reply to a question from Trustee Rathjen, Mr. Larson stated it was his recommendation that Opticom be installed at these two intersections ; however, the price received was $2,000 more. He stated the cost could be less after the road is complete. Trustee Rathjen moved to table until next week. Trustee Osmon seconded the motion. It was recommended Mr. Larson determine the cost for the traffic signals by waiting or by doing it at the present time. A voice vote on the motion found the following: AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried. Land Development Seminar Mr. Larson reviewed the schedule for the Annual Home Builders Association of Greater Chicago Seminar on Land Development planned for November 1 and 2, 1974. Trustee Rathjen felt the $50 per person fee should not be appropriated. Trustee Osmon felt a great deal could be derived from attending this seminar. Trustee Mahoney moved that Mr. Larson and Mr. Seaberg represent the Village at the seminar. Trustee Driscoll seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Mahoney, Rech, Driscoll NAYES: Trustees Osmon , Rathjen The motion carried. Questions from the Board Dundee Road Trustee Osmon questioned the exposed aggregate on Dundee Road. Mr. McCoy stated he was advised by the State that there is no structural damage to the road. Trustee Rech noted the State will conduct an inspection on Wednesday, and this should be noted at that time. Questions from the Audience Phoenix Development and Acquisition of Golf Course Mrs. Janice Dallmer questioned if the purchase contract for the golf course would be void if not signed by November 1 , 1974. Trustee Shirley stated that is not correct and the date of November 1 , came about when the Board set a deadline by which Mr. Friedman was to provide the audit statement for review before the Village made a decision to purchase the golf course. In response to a question from Mrs. Dallmer, Trustee Shirley stated when the question of rental units on the Phoenix Development is clarified, the Village may proceed with the purchase. 4047 10/21/74 Mrs. Dallmer asked if a zoning change would be in order if rentals were to be agreed to. Trustee Shirley stated a large part of that area was zoned for apartments to begin with. Trustee Rech questioned if this is not discussed next week, what repercussions does this have on the entire matter, since the November 1 deadline will have passed. Mr. Raysa stated it will make little difference. Trustee Shirley stated the only question now is the Phoenix rentals , and the Village has agreed to purchase the golf course. In response to a question from Mrs. Dallmer, Mr. Larson stated that the Phoenix Development Ordinance was approved by the Board, but will not be recorded until the golf course purchase agreement is signed by the seller. Mrs. Dallmer questioned under whose instructions was the Ordinance delayed in being recorded. Mr. Larson stated by the Village Board. Mr. Bogart questioned if Mr. Friedman does not want to sell the golf course because he wants rental , could the property be rezoned to R-1 or R-4. Mr. Raysa stated the Village has taken the position that it reverts back to R-l . Mr. Raysa stated if the owners sues the Village, the property may be R-9. Long Grove Strip Annexation Mr. Raysa reported on the suit in Lake County on the Long Grove strip annexation and reported no action had been taken , and the next court date is October 29, 1974. Mr. Raysa stated he would watch the matter closely. Meeting Nijht Trustee Shirley announced that because of the holiday, the next Board meeting will be held on Tuesday, October 29, 1974. Trustee Osmon moved to adjourn. Trustee Mahoney seconded the motion , and upon a voice vote, the motion passed unanimously. Time: 10:20 P.M. Respectfully submitted, Village Clerk PASSED AND'APPROVEV this day of , 1974. I , Vi ge President