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1975-01-06 - Village Board Regular Meeting - Minutes 4100 1/6/75 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, JANUARY 6, 1975, 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: 15 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. L./ The Clerk called the roll and found the following: PRESENT: Trustees Osmon, Rathjen , Mahoney, Rech, Driscoll ABSENT: Trustee Shirley President Armstrong arrived at 8:35 P.M. Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Charles McCoy, Director of Public Works; and William Dettmer, Chief Inspector. Trustee Rathjen moved to appoint Trustee Osmon President Pro Tem in the absence of President Armstrong. Trustee Mahoney seconded the motion , and upon a voice vote, the motion passed unanimously. 1 . Minutes of December 23, 1974 Trustee Rathjen moved to approve the minutes of December 23, 1974. Trustee Rech seconded the motion. Trustee Mahoney noted that on page 4095, under Minutes of December 16, 1974, paragraph 3, line 1 , Phil Ralston should be identified as a Zoning Board of Appeals member. The Clerk called the roll , and found the following: AYES: Trustees Osmon, Rathjen , Mahoney, Rech, Driscoll NAPES: None ABSENT: Trustee Shirley The motion carried with change noted. 2. Warrant #303 Trustee Osmon presented Warrant #303, in the amount of $206,052.22. Trustee Rathjen moved for approval of Warrant #303 as presented. Trustee Driscoll seconded the motion. Several items were discussed, but no changes were made. Trustee Osmon requested that reimbursable items be so noted. A roll call vote found the following: AYES: Trustees Osmon , Rathjen, Rech , Driscoll NAPES: Trustee Mahoney ABSENT: Trustee Shirley The motion carried. 4101 1/6/75 3. President's Report Trustee Osmon stated that there would be no President 's Report. 4. Standing Committee Reports There were no Standing Committee Reports. 5. COMMITTEE OF THE WHOLE Consumer Advocate Council Trustee Osmon introduced Sherry Weinstein, Judy Sullivan, and Joel Platt, who were present to review the responsibilities and procedures of the Governor's Consumer Advocate Office, and to request office space for their use. Ms. Weinstein stated that because she felt it would be desirable to have a consumer agency in the Village to aid and educate consumers, she approached the Governor's Consumer Advocate Office and was authorized to act as a Consumer Council Volunteer. She stated that when she approached the President 's Round Table to request office space, some questions arose regarding the Village's liability to which Mr. Platt will respond. Mr. Platt reviewed the responsibilities of the Consumer Advocate Office. He felt that Ms. Weinstein would be an excellent Consumer Council Volunteer. He also felt there was a need for a local Council . He distributed documents and explained that no one is liable, other than the Governor, for the actions of people working under his auspices. He stated that by the Village not exerting any control over the activities of a consumer representative, no liability would be incurred, but the Village has the discretion to with- draw the premises. In response to a question from Trustee Mahoney, Mr. Platt stated that the Council will be clearly designated as a function of the State government, and that the only role of the Municipal government is lending space. In response to a question from Trustee Mahoney, Mr. Platt reviewed the consumer complaint procedure. Trustee Mahoney felt the State should provide the Village with a formal indemnification. Mr. Platt stated that one could be prepared. President Armstrong arrived at this time. In response to a question from Trustee Mahoney, Mr. Platt stated that the Attorney General 's office handles problems based on civil fraud, but their office handles problems based on misunderstandings that do not involve a deceptive act. Trustee Mahoney felt that the concept of the Consumer Advocate Office is good; however, he was concerned that the Council will not be staffed by professionally trained people, and he also questioned if there were many local people who need this assistance. In response to a question from Trustee Osmon , Mr. Platt read the credentials given to Ms. Weinstein by the Governor. 4102 1/6/75 In response to a question from Trustee Rech, Mr. Platt stated that no secretarial assistance would be needed. In response to a question from Trustee Osmon, Ms. Weinstein stated that she anticipates she will need the office space one afternoon a week. Trustee Rech requested the Village Attorney's opinion regarding Village liability. Mr. Raysa stated that he would like to check the Village's right to hold the State responsible and to discuss the matter with the Village insurance company to determine if they are willing to underwrite any possible liability. In response to a question from Larry Schwartz, President of the Chamber of Commerce, Mr. Platt stated that the Consumer Advocate Office has no subpoena power, and that the extent of their investigation is communication with the business involved. In response to a question from Trustee Osmon, Ms. Weinstein described the training she has received for this position. Trustee Mahoney moved to direct the Village Attorney to review the question of the Village's liability, to review an indemnification agreement that the Consumer Advocate's office may present , and that the Village undertake this project on a trial basis. Trustee Osmon seconded the motion and requested that the Village Attorney submit an opinion by the next meeting. Mr. Raysa stated that this could be done if the indemnification agreement is given to him this week. A voice vote found the following: AYES: Trustees Osmon, Rathjen , Mahoney, Rech , Driscoll NAPES: None ABSENT: Trustee Shirley The motion carried. Signs/Judo Shop, Ranch Mart Shopping Center, and Villa Verde Apartments Upon review of the Appearance Control Commission reports, Trustee Osmon moved to approve the sign requests of A-Judo Shop, Ranch Mart Shopping Center, and Villa Verde Apartments. Trustee Mahoney seconded the motion, and a voice vote found the following: AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll NAPES: None ABSENT: Trustee Shirley The motion carried. President Armstrong suggested that because they are approved by the Plan Commission and/or the Appearance Control Commission, the Board might consider relinquishing their acting on this type of matter unless the petitioner has an objection and wants to appeal a decision. Discussion followed. Trustee Osmon moved to direct the Village Attorney to prepare an amendment to the necessary Ordinance. Trustee Rathjen seconded the motion. 4103 1/6/75 F Trustee Rathjen stated that all sign requests which require a variation of the Sign Ordinance should be brought to the Board. Mr. Dettmer stated the requested change in the Ordinance would be for approval of the aesthetic value of a sign only. A voice vote found the following: AYES: Trustees Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. Winston Square/Model Area Upon review, Trustee Osmon moved to approve the revised landscaping plan, as approved by the Appearance Control Commission, for the Winston Square Model Area. Trustee Driscoll seconded the motion, and a voice vote found the following: AYES: Trustees Osmon , Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. Well #5 Charles McCoy, Director of Public Works, stated that the shaft housing for Well #5 has fractured and that he obtained the following proposals on the repair: Henry Boysen Company Total estimate - $1 ,502.00 Libertyville, Illinois J. P. :tiller Artesian Well Co. Per hour - $51 .00 Brookfield, Illinois Flatbed truck - $.55/mile Pickup truck - $.40/mile After discussion, Trustee Osmon moved to accept the quotation from Henry Boysen Company for $1 ,502.00 for the repair of Well #5 located behind the Ranch Mart Shopping Center and waive advertisement of bids. Trustee Mahoney seconded the motion , and a voice vote found the following: AYES: Trustees Osmon , Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. Golf Fund Budget Mr. Larson reviewed the revised budget for the Golf Fund for the remainder of this fiscal year. 4104 1/6/75 Trustee Rech stated that the Golf Fund should be kept separate because the Village does not own the golf course yet, and if the golf course must be returned to the previous owner at a later time, it could present problems. She did not feel a percentage of any Village employee's salary should be charged to the Golf Fund, but preferred a management fee transferred from the Golf Fund to the General Fund. Discussion followed on various ways that this could be accomplished. Trustee Rech moved to approve the Golf Fund budget for the remainder of this fiscal year with the change that staff salaries be deleted and that a daily log will be kept and time charged on a monthly basis. Trustee Rathjen seconded the motion, and a voice vote found the following: AYES: Trustees Osmon, Rathjen , Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. Ordinance #75-1 President Armstrong read Ordinance #75-1 , an ordinance providing for the election of a Village President , three Village Trustees, and a Village Clerk on April 15, 1975. Trustee Rech moved to approve Ordinance #75-1 as read. Trustee Osmon seconded the motion, and a voice vote found the following: AYES: Trustees Osmon, Rathjen , Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Shirley The motion carried. Northwest Municipal Conference Dinner President Armstrong stated that the annual dinner of the Northwest Municipal Conference will be held on January 15, 1975, at the Lancer Steak House. He noted that , in the past , Board members and their spouses have attended at Village expense. He requested that those who wish to attend should advise Mr. Larson. 6. Board Comments Mill Creek Streets In response to a question from Trustee Rech , Mr. Larson stated that , two years ago, it was decided that Miller Builders would arrange to remove snow from their streets and provide ice control during the week, and on week- ends and in evenings the Village would assume the responsibility, and that at such time the final surface coat was installed on all the streets , the Village would assume all the responsibility for snow removal and ice control . In response to a question from Trustee Rech, Mr. Larson stated that Mill Creek streets will be accepted by the Village in early spring. II 4105 1/6/75 Trustee Rech objected to this procedure. She asked if a bond could be required of a developer to properly maintain the streets in their sub- division until such time as they are officially dedicated to the Village and accepted by the Village for maintenance. Mr. Raysa stated that the requirement could be included in an Ordinance. Trustee Rech suggested an ordinance to this effect adopted by Moline be reviewed. President Armstrong requested Mr. Larson to obtain a copy of said ordinance. Sodium Vayor Streetlights Because of recent publicity regarding possible ill effects caused by sodium vapor streetlights, Trustee Rech suggested that the subject be placed on a workshop agenda for discussion. She read a letter from John Molitor, 1141 Twisted Oak, expressing his concern on the subject. President Armstrong suggested an expert in the field be invited to participate. Revenue Sharing Funds Because of recent publicity regarding the loss of federal revenue sharing funds by certain governing agencies because of unfair practices , Trustee Osmon requested that Buffalo Grove's practices be reviewed to determine if the Village complies with the requirements. There being no further business to conduct and no questions from the audience, Trustee Osmon moved to adjourn to executive session to discuss personnel . Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 9:55 P.M. The executive session ended at 10: 10 P.M. Respectfully submitted, c_Z �1 ,..„----z7„,1,, ,, . „, <------- Village Clerk „_.. PASSED : APPROV t is .., day of ,�,.y t..-22-,f.._,.__ , 1975. 40 d �� ' llage Pr- 'dent `./