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1974-08-05 - Village Board Regular Meeting - Minutes 3978 8/5/74 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, AUGUST 5, 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Armstrong called the meeting to order at approximately 8: 10 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. �./ The Clerk called the roll and found the following: PRESENT: President Armstrong; Trustees Shirley, Osmon, Mahoney, Driscoll FTrustee Rech arrived at approximately 8:30 P.M. ABSENT: Trustee Rathjen Also present were: Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; Charles McCoy, Director of Public Works; William Dettmer, Chief Inspector; and William Balling, Administrative Assistant. 1 . Minutes of July 22, 1974 Trustee Osmon moved to approve the minutes of July 22, 1974, as submitted. Trustee Driscoll seconded the motion. Mr. Larson requested to be made a part of the minutes as an attachment a statement relative to the Arlington Country Club Retention Basin regarding the Village's committment to the State of Illinois and the placement with the Metropolitan Sanitary District in escrow of funds for the construction of the retention of the basin. President Armstrong stated the statement will be made a part of the minutes. A roll call vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAPES: None ABSENT: Trustees Rathjen and Rech The motion carried. 2. President's Report Arlington Heights Road President Armstrong announced that construction of Arlington Heights Road, north of Dundee Road, will begin on Wednesday, August 7, 1974, with completion expected in three weeks. Dundee Road Median Strip President Armstrong announced that the State has turned down the Village's request for a planted median strip on Dundee Road because they felt there were too many cuts in the median and they were concerned about the objections from the business community. Upon the suggestion of President Armstrong, Trustee Shirley moved the President direct a letter to our State Senators and State Representatives asking them to look into the matter to determine if the State might reconsider this decision. Trustee Osmon seconded the motion, and a voice vote found the following: 3979 8/5/74 AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAYES: None ABSENT: Trustees Rathjen and Rech The motion carried. Appearance Control Commission/Appointments President Armstrong appointed Richard Glauner Chairman of the Appearance Control Commission and asked for concurrence of the Board. Trustee Mahoney moved to concur with the President's appointment of Mr. Glauner. Trustee Osmon seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAYES: None ABSENT: Trustees Rathjen and Rech The motion carried. President Armstrong appointed Ralph Swanson to fill a vacancy on the Appearance Control Commission and asked for concurrence of the Board. Trustee Osmon moved to concur with the President's appointment of Mr. Swanson. Trustee Driscoll seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAYES: None ABSENT: Trustees Rathjen and Rech The motion carried. 3. Standing Committee Reports Finance Committee Trustee Shirley stated that it has not yet been necessary to sell the Tax Anticipation Warrants, but that it is anticipated they will have to be sold at the time of the next payroll . Police Department Trustee Osmon reviewed the recent allegations made in the newspapers regarding the Police Department. Because he felt there were unanswered questions, it was his opinion that an investigation be made by a disinterested third party. Even though he has high regard for the Police Department, he felt the integrity and the acceptance of the Police Department is at stake and that the petition demonstrates that citizens want to have answers. He then moved the Board request the Police and Fire Commission to retain a third party to make a disinterested investigation. There was no second to the motion. Trustee Shirley stated the Board cannot react to innuendoes and insinuations, but if information of a positive nature can be presented, the request should be considered. Trustee Osmon stated that he had told the press that a polygraph test of the officers in question should be made only as a last step in the event 3980 8/5/74 if valid information could not be received. Trustee Shirley stated that in the absence of President Armstrong, he was presiding officer of the meeting following the newspaper announcement of the suspension of Officer Merenkov. Knowing that the matter had been placed in the hands of the Police and Fire Commission, he felt it was the obligation of the Board to not influence nor interfere with the prescribed due process of law. He stated that no public discussion was held on the matter at the meeting; however, an executive session was requested. Trustee Rech arrived at this time. He stated that prior to the meeting all Trustees had received a copy of the charges placed with the Police and Fire Commission along with a brief statement from Chief Walsh regarding the circumstances preceding the 1 suspension. He stated that at the executive session, he voiced the opinion that the metter was not within the jurisdiction of the Board of Trustees, but that it was prescribed by law that the matter must be handled by the Police and Fire Commission. He stated that it was made clear to Chief Walsh that the Board would not support anyone who attempted to run a department under fear of reprisal by loss of employment as a means of keeping them from raising complaints or questioning the action of any member or department head within the Village. He stated that Mr. Larson was asked to see that all Board members are advised when a Village employee is suspended for any reason. He stated it was the general agreement of the Board that to discuss with Chief Walsh specifics of the allegations presented was improper; however, they encouraged the Chief and Mr. Larson to see that the hearing be expedited, but that the matter should not be argued in the newspapers. He stated there was a strong desire not to overlook the respective rights and privileges granted to each member involved. Trustee Shirley then stated that discussion took place regarding the possibility of all members of the Police Department being required to take a polygraph test, but at that time Mr. Raysa felt the requirement could not be enforced. He stated that one week prior to the meeting in question, Trustee Osmon suggested a meeting be held of the department heads and the Board regarding employee's attitudes toward recent Board action, but an exact date has not been set. He stated that a poll of the Board during the executive session found, 5 to 1 , that the Board did not wish to impose mandatory polygraph tests on the department. He stated that he would like to await the results of voluntary polygraph tests and at that time the Board would act prudently and fairly. He defended the Board against any claims of lack of concern. Jeanine Kurtyka, 636 Maple Drive, felt that the matter deserves an investigation and requested the Board to have one done. Nick Tufano, Chairman of the Police and Fire Commission, stated that no formal charges have been leveled against any officer other than Floyd Merenkov. He stated that the officer against whom allegations have been made has volunteered to take a polygraph test; however, the test is a confidential document and cannot be used at a hearing. He stated that if anyone has charges to make against any police officer, they should fill out a form to be sent to the Police and Fire Commission who in turn will see that justice is done. 3981 8/5/74 Mrs. Merenkov asked if the results of the polygraph test will be made public. Mr. Tufano stated that the results are confidential , but that if the officer is fired, the public will know he did not pass the test. • President Armstrong stated that because the officer volunteered to take the polygraph test, he felt the Board should wait for its results to determine if the situation warrants an investigation. In response to a question from citizen, Elaine Rankin, Trustee Shirley stated that if anyone will come to the Board or to the Police and Fire Commission with valid information to support the allegations, he would support an investigation. Trustee Osmon stated that he had been told by police officers that they are reluctant to bring questions and charges to shift commanders, Chief, or Police and Fire Commission for fear of jeopardizing their jobs. Mr. Tufano stated that if these officers would come to the Police and Fire Commission, it would be kept in confidence and an investigation would be made. Trustee Osmon stated that he had invited Chief Walsh to the executive session so that the Board could be made aware of the particulars of the matter. Trustee Osmon stated that he has not inferred that he has any information but that he has many serious questions. He further stated that nothing prohibits the investigation of allegations. Raymond Anderson, 684 Maple Drive, stated that Floyd Merenkov could still be a police officer if he had remained quiet; therefore, felt it should be investigated. Margaret Clauson, 193 Timberhill , stated that she assumed there was more than one officer involved in the allegations and urged an investigation. Edward Bieszczad, 344 Cherrywood, asked if the Police and Fire Commission would assure any police officer who comes forward that his position would not be in jeopardy. Mr. Tufano replied, "Absolutely". Edward Fabish, 470 Lauren Lane, expressed confidence in the Police Department and felt that when all hearings are complete, nothing wrong will be found. Trustee Mahoney stated that when Chief Walsh suspended Officer Merenkov, he did so as a department head of the Village, making the dispute between the Village and the Officer; therefore, the Village hired an attorney experienced in the field just as the Police Union hired an attorney for the Officer. He stated that he is opposed to compulsory polygraph tests because it is infringing on an individuals basic rights. He expressed confidence in Chief Walsh and the Police Department. Trustee Rech felt the Board acted fairly in not wanting to interfere in the just process of law. She stated that a polygraph test is not always correct. She felt that it was unfortunate that Officer Merenkov 3982 8/5/74 resigned and that it was not necessary for evidence and witnesses to be heard at the hearing. Trustee Rech asked if the results of the polygraph test are made public, will the Village hold any liability. Mr. Raysa stated that it would not. 9:30 P.M. - The President declared a recess. 9:41 P.M. - The meeting resumed. 4. Committee of the Whole Rear Yard Variation After review and there being no objections , Trustee Osmon moved to approve Richard Hendrickson's request for a variation to the rear yard requirements for 3 Weidner Court as recommended by the Zoning Board of Appeals. Trustee Mahoney seconded the motion and a voice vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll NAPES: None ABSENT: Trustee Rathjen The motion carried. Strathmore Subdivision Units 12 and 13 President Armstrong reviewed Levitt Residential Communities ' request to waive subdivision ordinance requirements requiring placement of sidewalk and parkway trees along the Twin Grove School and Park site. Mr. Larson requested clarification from the Board as to where the responsibility lies for these public improvements--with the developer, with the School District and Park District, or with the Village. Lengthy discussion followed. Mr. Raysa stated that when Levitt sold the property to the School District and donated the property to the Park District, the new owners acquired the responsibility of these improvements. Trustee Osmon moved the discussion on this matter be tabled until Mr. Larson has discussed it with School District 96 and the Park District. Trustee Mahoney seconded the motion and a voice vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll NAPES: None ABSENT: Trustee Rathjen The motion carried. Lake County Plats Committee President Armstrong reviewed the decision of the Lake County Plats Committee not to approve the Arrowhead and Winston Square developments and their request for the Village to lower the density of these projects. He 3983 8/5/74 stated that the Village, after consideration through the Plan Commission, Appearance Control Commission, and the Village Board, have determined that this zoning conforms with the Master Plan and meets with Village approval . In response to a question from Trustee Shirley, Mr. Raysa stated that the County has no right to usurp the authority of the municipality. Trustee Mahoney moved the Village acknowledge the request, with a copy to Marlin Smith, attorney for Chesterfield Builders, and respectfully decline the invitation to review the zoning of the two projects in question. Trustee Driscoll seconded the motion. Trustee Rech noted that the County did not specify to what density the projects should be lowered nor the reasons for the request. She stated that both projects were approved before the Lake County policy was established. She suggested that the Village Board meet with County officials. President Armstrong stated a meeting is planned in the near future. A voice vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll NAYES: None ABSENT: Trustee Rathjen The motion carried. Arrowhead President Armstrong reviewed the request of Chesterfield Builders to extend for a period of one year the special use for the Arrowhead development per Section 4.4 of Section VI Special Uses of the Zoning Ordinance. Trustee Osmon moved to approve the request of Chesterfield Builders. Trustee Mahoney seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Mahoney, Driscoll NAYES: Trustee Rech ABSENT: Trustee Rathjen The motion carried. Fire Protection System Agreement Trustee Osmon moved consideration of the agreement with the Wheeling Rural Fire Protection District and the Buffalo Grove Fire Protection Company be removed from table. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. President Armstrong noted that the agreement had been read previously and that there was a question regarding the pension funding of prior years. Mr. Raysa stated that Michael Mory, Deputy Director of the Pension Division of the State Department of Insurance, advised that the Village has no obligation to give credit for prior service nor is the Village legally entitled to do so. 3984 8/5/74 After lengthy discussion, Paragraph 20 was changed to read, "The present retirement plan of the Fire Protection Department must be canceled upon the formation of a municipal department. The current retirement plan may be continued by the full time employees at their expense. State Statutes governing Fire Department Pensions shall apply where pertinent. It is not the intent that the Village, upon going municipal , should be obliged to fund the pension plan". Trustee Osmon moved to approve the agreement with the Buffalo Grove Fire Department and the Wheeling Township Rural Fire Protection District regarding a referendum to consolidate the entire Village into the District, with the ultimate goal being to establish a municipal fire department. Trustee Driscoll seconded the motion. Trustee Mahoney objected to Paragraph 12 regarding the Village securing donations from developers for fire protection because he did not feel the Village should impose another fee upon developers. After lengthy discussion, Trustee Osmon amended the motion to change Paragraph 12 to read, "The Village will use its best efforts to secure donations from future developers for fire protection". Trustee Driscoll seconded the amendment, and a roll call vote found the following: AYES: Trustees Osmon and Driscoll NAYES: Trustees Shirley, Mahoney, Rech ABSENT: Trustee Rathjen The motion was defeated. After lengthy discussion , Trustee Osmon moved to approve the agreement with the change in Paragraph 20, deletion of Paragraph 12, and change the sixth Whereas paragraph to read, "WHEREAS, the Village is purchasing a fire- fighting vehicle which is used by the Department, at no charge; permits the Department to use its facilities at no charge; and otherwise aids and cooperates with the Department, and". Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Osmon, Mahoney, Rech, Driscoll NAPES: Trustee Shirley ABSENT: Trustee Rathjen The motion carried. Trustee Rech stated that her main concern in her negative voting in the past has been that legally she felt the Village could not remove itself from the Wheeling Fire District in order to establish a municipal fire department. She felt that this particular agreement reflects the intent of the Village in regard to forming a municipal department is evident, that major obstacles have been removed, and she felt a three party agreement is better than the ones originally considered. Buffalo Creek Retention Basin Trustee Osmon stated when the Buffalo Creek Retention Basin agreement was first considered, he questioned the cost of maintenance. 3985 8/5/74 Trustee Rech stated that during the previous discussion on the matter concern was expressed regarding Village liability for maintenance of the entire site and regarding Village liability for quality of water. Mr. Larson called attention to a letter dated July 10, 1974, from Frank Rhode, Jr. , attorney for the Lake County Forest Preserve District, stating the Forest Preserve District shall be responsible for the maintenance of those areas under its control . He suggested a supplemental agreement between the Village and the Forest Preserve District to this regard. Mr. Larson then called attention to a letter dated May 13, 1974, from the Illinois Environmental Protection Agency stating that regulations do not require the clean up of contamination caused by upstream sources. Lengthy discussion took place regarding the concern of the Board that the Village should not be responsible for the quality of water entering the basin. Mr. Raysa noted that if contamination is caused by upstream sources, the Village would have to bring suit against those causing it. It was noted that this agreement has been in the process of negotiation for eight months and the Metropolitan Sanitary District will not negotiate further. Trustee Mahoney expressed concern over the potential cost of the Village liability for quality of water. Trustee Osmon moved to approve the agreement between the Lake County Forest Preserve District, the Village of Buffalo Grove, and the Metropolitan Sanitary District for Buffalo Creek Retention Reservoir as submitted, subject to approval of a supplemental agreement between the Village and the Forest Preserve District as set forth in the letter of July 10, 1974, from Mr. Rhode. Trustee Driscoll seconded the motion. Trustee Osmon stated that he is not totally in agreement with the contract, but he felt an attempt to make the desired changes would be fruitless. He felt the benefits outweigh the detriments and that the Village has recourse with the E. P.A. A roll call vote found the following: AYES: Trustees Shirley, Osmon, Rech, Driscoll NAYES: Trustee Mahoney ABSENT: Trustee Rathjen The motion carried. Central Business District President Armstrong reviewed the meeting held with property owners regarding the proposed central business district. He stated that some of the property owners will share in the cost of the study and felt the Village should enter into the contract for the study. 3986 8/5/74 Trustee Osmon moved the Village enter into a contract with Economic Research Associates to conduct a study for the Central Business District as proposed and that the agreement should specifically state the Village has the option , at the review point of any phase, to terminate the agreement and the project will immediately cease without any financial liability as to any prework done on subsequent phases. Trustee Shirley ` seconded the motion. v Mr. Albert Knuth, one of the property owners of the proposed Central Business District area, stated that last September a developer was interested in developing his property but was asked by the Village not to submit any plans because a Central Business District was being considered. He stated that he is willing to wait for the study, but expressed concern that upon completion of the study, he will again be delayed waiting for a developer to purchase the entire area. He stated that his property is seven and one half acres and should not be considered strip developing. President Armstrong assured him that the Village would not delay development of his property at that time. A roll call vote found the following: AYES: Trustees Shirley, Osmon, Mahoney NAYES: None ABSENT: Trustee Rathjen The motion carried. Ordinance No. 74-24 President Armstrong read Ordinance No. 74-24, an ordinance regulating traffic on University Drive and on Downing Road. Trustee Driscoll moved to approve Ordinance No. 74-24. Trustee Osmon seconded the motion and a voice vote found the following: AYES: Trustees Osmon, Mahoney, Rech, Driscoll NAYES: Trustee Shirley ABSENT: Trustee Rathjen The motion carried. Grand Spaulding Dodge Trustee Rech requested a report on the avenues Grand Spaulding Dodge took in trying to preserve the trees on their property. There being no further business to conduct, Trustee Osmon moved the meeting adjourn. Trustee Mahoney seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 11 :20 P.M. 3987 8/5/74 Respectfully submitted, it age Clerk l/ PASSED A ,PR D day of 1974. it e P sident `t\ 72. •