1968-05-27 - Village Board Regular Meeting - Minutes 1296
5/27/68
MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF
ILLINOIS, HELD MONDAY, MAY 27, 1968, AT THE MUNICIPAL SERVICE CENTER,
150 N. RAUPP BLVD. , BUFFALO GROVE, ILLINOIS
The President called the meeting to order at 8: 07 P.M. All present
stood and recited the Pledge of Allegiance to the Flag. The Clerk
called the roll and the following were found present:
President Thompson; Trustees Huxhold, Wilhelm, Lewis, Felten,
Gleeson, Thorud
1. APPROVAL OF MINUTES
Trustee Wilhelm moved that the minutes of May 13th be approved as
published. Trustee Lewis seconded the motion and the vote was as
follows:
AYES: Trustees Wilhelm, Lewis, Felten, Gleeson, Thorud
NAYS: None
ABSTAIN: Trustee Huxhold
The motion carried.
2. WARRANT #134
Trustee Gleeson read Warrant #134 in the amount of $2, 851.06.
Trustee Gleeson moved that Warrant #134 in the amount of $2, 851.06
be approved as read. Trustee Wilhelm seconded the motion. Upon
roll call, the motion carried unanimously.
3. WATERWORKS WARRANT #21
Waterworks warrant #21 in the amount of $15, 984.45 was read by
Trustee Gleeson. Trustee Gleeson moved that Waterworks Warrant
#21 be approved as read. Trustee Lewis seconded the motion and
upon roll call, it carried unanimously.
4. PLAN COMMISSION REPORT
President Thompson stated that the Plan Commission is reporting
on three public hearings which they held. The President stated
that their recommendations would be held over to Old Business.
5. SPECIAL ELECTION -- MUNICIPAL BUILDING
The President stated that since this is the last regular meeting
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prior to the referendum on June 8th for our new municipal building
he would like to states that a campaign to get out the voters is
under way. The President stated that it is the unanimous concensus
of the Board that facilities for the operation of this Village are
a must -- we must pass this building referendum.
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6. ORDINANCE #0-68-19 -- CIVIL EMERGENCY PROCLAMATIONS
The President read Ordinance #0-68-19 which is an ordinance
authorizing the President to proclaim the existence of civil
emergency, impose curfews and regulate the conduct of certain
businesses during civil emergencies.
Trustee Thorud moved that Ordinance #0-68-19 be approved as read.
Trustee Gleeson seconded the motion.
Trustee Wilhelm stated that he thinks the "fine" figure should be
brought in line with the rest of the Village Ordinances and should
read "a minimum of $5.00 nor more than $500.00" . Also, Trustee
Wilhelm stated that he feels the 48 hour figure is unrealistic --
he would suggest that that 48 hours be extended to 72 hours. The
Trustee went on to say that in the event that the President is in-
capable or isolated from the Village itself, he thinks there should
be an alternate to the President mentioned in the Ordinance.
President Thompson stated that in reference to Trustee Wilhelm' s
comments, he thinks the Board might extend the chain of command
to the Senior Trustee present in the Village at the time of the
emergency. The President stated that this Ordinance has come out
of the Civil Defense Program and the Board is looking for authority
to activate them in times of emergency so that their actions are
legal. Chief Winter stated that it would be good if the chain of
command would reach the Village Manager. The President stated that
the Board would have to establish the fact that were there no
Trustees available in the Village at the time of emergency that
the Village Manager would be empowered to so proclaim.
Trustee Gleeson then withdrew his motion and Trustee Thorud his
second.
The Board then decided to amend the Ordinance -- Section 7 would
be amended to read: shall be punishable by a fine not less than
$5. 00 nor more than $500.00 and Section 5 would have an additional
paragraph which would be 5A which would read: In the event the
President of the Village is not available in the Village at the
time of such emergency, the Senior Trustee available would have
the authority to make the proclamation. In the event no Trustee
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is available, the authority of the Village Manager would be included.
Further discussion then was held on Trustee Wilhelm' s suggestion
to lengthen the time from 48 hours to 72 hours. The decision was
made not to change the time.
Trustee Thorud moved that Ordinance #0-68-19 be approved as
amended. Trustee Gleeson seconded the motion and upon roll call,
the motion carried unanimously.
7. ORDINANCE #0-68-20 -- ILLINOIS BELL TELEPHONE
President Thompson stated that Ordinance #0-68-20 is the Ordinance
that the Illinois Bell Telephone Company )as requested.
Trustee Wilhelm moved that Ordinance #0-68-20 be adopted. Trustee
Felten seconded the motion and upon roll call, it carried unanimously.
8. ORDINANCE #0-68=21 -- FLOOD PLAIN ORDINANCE
Trustee Gleeson moved that Ordinance #0-68-21 which is the Flood
Plain Ordinance be approved. Trustee Thorud seconded the motion.
Discussion followed. Upon roll call, the motion carried unanimously.
9. INTERCONTINENTAL APARTMENTS -- STENBORG PROPERTY
President Thompson stated that discussion on the Intercontinental
Apartments should be held over until the arrival of the Village
Engineer. Howard Borde, representative of Intercontinental stated
that a cover sheet showing the water mains, sewer mains and the
roof lines had been attached to the plans. He also stated that the
plan incorporates the site layout more specifically, shows the water
mains and the fire hydrants. Mr. Borde suggested that the Ordinance
read that prior to the issuance of any building permits the necessary
water mains and hydrants shall be installed at the site to the
satisfaction of the Village Engineer. 4ttorney Raysa stated that
he sees no reason why this couldn' t be incorporated into the Ordinance
for recording.
President Thompson then read the letter received from Inter-
continental Development Co. , Inc. regarding the $75. 00 per unit
donation to be given the Village when building permits are issued.
TY3,e Clerk was given the letter for filing. Discussion followed.
The President asked the Attorney if he felt a pre-annexation agree-
ment was needed on the eight acres to be annexed. Attorney Raysa
stated that it depends upon the integrity of the Intercontinental
people. Mr. Borde ,stated that this donation was an offer on the
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part of Intercontinental Development Co. , Inc. not a demand on the
part of the Village. This was not a condition to annex, Inter-
continental has volunteered this and are on record by oral state-
ments and by letter that it is volunteered on their part.
Further discussion was held over until the arrival of the Village
Engineer.
10. ORDINANCE #0-68-22 -- ANNEXATION OF ANIMAL HOSPITAL
President Thompson read Ordinance #0-68-22 which is an ordinance
annexing Lot seven in Freedom Small Farms for the purposes of
erecting an animal hospital. Trustee Thorud moved that Ordinance
#0-68-22 be approved as read. Trustee Lewis seconded the motion
and upon roll call, the motion carried unanimously.
11. ORDINANCE #0-68-23 -- AMENDMENT OF ZONING ORDINANCE
President Thompson read Ordinance #0-68-23 which is an ordinance
amending the Comprehensive Zoning Ordinance to include Lot seven
in Freedom Small Farms. Trustee Felten moved that Ordinance #0-68-23
be approved as read. Trustee Thorud seconded the motion and upon
roll call, the motion carried unanimously.
12 . AMENDMENT TO WATER RATE ORDINANCE
Attorney Raysa advised the Board that he did not prepare an amend-
ment to the Water Rate Ordinance as he wishes to further discuss
the matter of late charges, etc. with Engineer Hooper.
13. JOSEPH BULGARELLI AGREEMENT RE WELL FACILITY
President Thompson read a proposed agreement between the Village of
Buffalo Grove and Joseph A. Bulgarelli in regard to the establishment
of a well to enable him to operate his car wash, etc. The President
stated that this is the agreement we asked Mr. Bulgarelli for in
connection with his re-zoning request. Attorney Raysa stated that
after listening to the President read the agreement he feels a
statement should be inserted to the effect that Mr. Bulgarelli, his
successors or assigns, shall not sell or give away water from that
well at any time. This would be Section 8 in the agreement. Dis-
cussion followed.
Trustee Wilhelm stated that he would like to wait until the arrive of
Engineer Hooper as he has more questions.
14. DISASTER CORPS -- NURSES AND CIVIL DEFENSE DIRECTOR (Doc. #68-22)
President Thompson stated that he would like to appoint the Civil
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Defense director and the Nurses as listed on Document #68-22 to
the Buffalo Grove Disaster Corps. Trustee Felten moved that the
appointments be confirmed. Trustee Gleeson seconded the motion
and upon roll call, the motion carried unanimously.
15. PLAN COMMISSION REPORT -- APARTMENTS ST. MARY' S AND BUFFALO
GROVE ROAD (Doc. #68-23)
The petitioner for the apartment development, Mr. George Moser
was present. Mr. Stucko, representing Mr. Moser presented himself
before the Board for any questions on the development. Mr. Babbin,
architect, outlined the development -- total number of units is 164,
with 80 one-bedroom and 84 two-bedroom units. The total acreage
involved is 6. 9 acres at the corner of St. Mary' s and Buffalo Grove
Road. The petitioner is asking for a re-classification of the
area to R-9 with a special use.
President Thompson asked if any objectors to the project were in
the audience. There were no objectors.
Mr. Moser stated that the 50 foot right-of-way is dedicated on the
plat.
President Thompson read a letter received from Mr. Moser in which
he agrees to construct four tennis courts with blacktop surfacing,
fencing and landscaping at a total cost not to exceed $12,000.00.
(Doc. #68-24) .
Chief Winter stated that he had not yet seen the plans for the
water mains and that this is the first time a building is being
approved in the Village which would outstrip the Fire Department' s
capacity to reach the roof.
President Thompson stated that along with the discussion on water
and sewer he would like to inform the Board that he has had a
conversation with Mr. Earl Knight of the Metropolitan Sanitary
District of Greater Chicago and had directed the Attorney to con-
tact Mr. Knight again to make sure that he had the correct in-
formation. President Thompson stated that Mr. Knight had informed
him that the Metropolitan Sanitary District of Greater Chicago has
issued to the Buffalo Utility Company a cease and desist order and
a show cause order to show why they should not comply with all of
the regulations in connection with the operation and maintenance of
a sewage disposal plant and further, he stated that in the opinion
of the District, the existing plant is not of sufficient capacity
to service all of Unit 7 and, therefore, any permit that was issued
to them in Unit 7 is or will be revoked and they will not permit the
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connection of any further houses in Unit 7 to the system. The Dis-
trict also stated that they will notify the Village in writing and
asked that the Village refrain from issuing new permits for building.
The President stated that the least we can do is not issue occu-
pancy permits because they will not allow any more houses to be
connected to the sewage system. The President stated that the only
reason he brings this up is because we are talking about an addi-
tional 164 units in George Moser' s petition and we would, therefore,
ask that the municipal water and sewer department service this area.
Mr. Moser stated that he is willing to get service from anyone
capable of servicing the area. The President stated that such
servicing has been discussed with Engineer Hooper and Mr. Moser
and everyone is in agreement.
Trustee Wilhelm stated that the basics of who is servicing them has
been skipped over rather readily. The Trustee went on to say that
he appreciates the fact that the President and Engineer have dis-
cussed this, but the Village Board has not been made aware of it.
Trustee Wilhelm asked how the water and sewer lines will get to
the property physically and economically. Trustee Wilhelm stated
that he is not opposed to the apartment plan. John Hooper stated
that the cost of the lines would be predicated on several factors
and discussion has been held on several ways of covering the cost.
Mr. Hooper stated that Mr. Moser couldinstall the lines and could
be paid back as other users connect to them. Mr. Moser stated
that he is willing to advance the funds to install the lines -- the
cost of whi ch is in the neighborhood of $21, 000. President
Thompson stated that it is his understanding that Mr. Moser will
be willing to install the lines on a fair share basis. Attorney
Raysa stated that recapture agreements such as this are quite
common. Attorney Raysa stated that this recapture agreement could
be referred to in the ordinance. Discussion followed on screen
planting versus fencing.
Mr. Babbin, the architect, informed the Board that the lighting
for the area would be on posts not to exceed 12 feet -- residential
not highway lighting. Discussion on public versus private streets
was held. Mr. Stucko advised the Board that they would be happy
to work out an agreement for police and fire access to the property.
Trustee Gleeson suggested that a sidewalk be installed along St.
Mary' s Parkway and John Hooper suggested that the sidewalk be
four feet wide instead of the five feet required for multi-family
zoning.
Trustee Gleeson moved that the Plan Commission report be approved
as far as the Moser property on Buffalo Grove Road and St. Mary' s
Parkway is concerned and that the Village Attorney be directed to
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draw up the necessary ordinances to change the zoning on the pre-
scribed property from B-1 to multi-family development as presented
in Exhibit "A" . Trustee Thorud seconded the motion and upon roll
call, the vote was as follows:
AYES: Trustees Wilhelm, Lewis, Felten, Gleeson, Thorud
NAYS: Trustee Huxhold
The motion carried.
16. PLAN COMMISSION REPORT -- LEVITT PLATS FOR UNITS 4, 5 and 6
(Doc. #68-23)
President Thompson stated that the Plan Commission recommends the
approval of the final plats for Units 4, 5 and 6 presented by
Levitt & Sons and that the Village Engineer has checked over the
plats and found them in order.
Trustee Wilhelm moved that the Board approve the final plats of
Strathmore Units 4, 5 and 6 subject to the fees and Letters of
Credit. Trustee Lewis seconded the motion and upon roll call,
the motion carried unanimously.
17. LAKE COUNTY CONTRACT FOR SEWAGE DISPOSAL
Attorney Raysa advised the Board that he has gone over the contract
with Lake County for sewage disposal and that he has found several
provisions in it that could prove a little bit rough on the Village.
The Attorney stated that he would like to ask Mr. Arthur Gaare of
Isham, Lincoln and Beale as to whether or not this contract would
in any manner deter them from issuing an opinion on the Revenue
Bonds we would have to have to construct the sewage treatment plant.
Further discussion was held. President Thompson directed the Attorney
to get Mr. Gaare ' s opinion so that a meeting can be held with the
Lake County Sewer and Water Department so that the Board can iron
out any questions. Discussion followed.
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18. JOSEPH A. BULGARELLI AGREEMENT
Discussion was held on the agreement to be made between the Village
of Buffalo Grove and Mr. Joseph A. Bulgarelli relative to his in-
stalling a well and at a future date tieing into the municipal ,
water supply. Trustee Wilhelm stated that he would like to include
in the agreement a statement to the effect that Mr. Bulgarelli in-
stall a fire hydrant somewhere. John Hooper advised Trustee Wilhelm
that Mr. Bulgarelli would probably not have enough power in the
system to have a fire hydrant. Chief Winter suggested that Mr.
Bulgarelli install a 22" water pipe. The agreement was returned
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to the Attorney for redrafting.
19. INTERCONTINENTAL APARTMENTS -- STENBORG PROPERTY
Engineer Hooper advised the Board that he has seen the preliminary
drawings on the Intercontinental Apartments and they are in
accordance with the Village ' s requirements and good practice.
Mr. Borde stated that what would be decided at this Board meeting
should be binding and incorporated in the Planned Development
ordinance.
Trustee Gleeson moved that the Village Attorney be directed to
draw up the necessary Ordinances to annex the Stenborg property
under a ,Planned Development Multi-Family usage as recommended by
the Plan Commission. Trustee Felten seconded the motion.
Discussion followed on size of water pipes.
Upon roll call, the vote was as follows:
AYES: Trustees Wilhelm, Lewis, Felten, Gleeson
NAYS: Trustees Huxhold and Thorud
The motion carried.
The Village Attorney has notified the proper Fire Districts as
prescribed by State Statute and the annexation will be tablel until
the next regular Board Meeting because the Board wants to complete
all business connected with the apartments at one time.
The President stated that there is a provision that no building
permits will be issued until such a time as the 6 inch lines are
in and the fire hydrants are in to the satisfaction of the Village
Engineer.
20. INSURANCE FOR VILLAGE MANAGER
Trustee Thorud advised the Board that at the last regular meeting
the Board was advised that the insurance cost for a $20,000 life
insurance policy on the Village Manager would be $260 -- the actual
cost will be $180. 87.
21. COMPREHENSIVE PLAN COMMITTEE
President Thompson stated that he would like to make the following
appointments to the Comprehensive Plan Committee: the Village Attorney,
the Village Engineer, Trustee Huxhold, Trustee Felten, Trustee
Wilhelm and Trustee Thorud.
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NEW BUSINESS
22. METROPOLITAN SANITARY DISTRICT' S REQUEST TO STOP FURTHER
OCCUPANCIES IN UNIT 7
President Thompson stated that he would like to get back to some-
thing that was mentioned in connection with the apartments at
St. Mary' s and Buffalo Grove Road and that is the report re-
ceived from Mr. Earl Knight of the Metropolitan Sanitary District
of Greater Chicago. Mr. Knight is Mr. Vinton Bacon' s assistant.
Attorney Raysa advised the Board that the Metropolitan Sanitary
District of Greater Chicago had issued a cease and desist order
and a show cause order against the Utility Company which shall
be heard at a Public Hearing and the Utility Company must show
cause why they are not abiding by the rules and regulations of
the Metropolitan Sanitary District in the operation of their
sewage treatment plant. The Plant is not able to handle any more
homes in Unit 7 and the District has asked the Village not to
issue any more occupancy permits in Unit 7 until this matter has
been disposed of. The Attorney stated that the Board will receive
notice of the Public Hearing.
Edmond Venetianer, the Building Commissioner, stated that the area
affected would be the Arlington Addition to Unit 7 and about four
houses under construction in Unit 7 -- he further advised the Board
that there were approximately 20 houses now under construction. The
developers affected are Joseph Davero and Edward Schwartz.
Trustee Wilhelm asked how the Board can keep these builders from
being in the middle. Attorney Raysa stated that he doesn' t think
there is anything the Board can do to help them out at this time.
Mr. Davero had been present at the meeting but had left at this
time; a representative from the office of Edward Schwartz was pre-
sent.
Trustee Huxhold stated that in view of the fact that the Board has
not received the letter from the Metropolitan Sanitary District as
yet he feels the Board should continue this meeting to another date.
�./ Trustee Wilhelm stated that his feelings are to go along with the
Sanitary District and make sure we have a good sewage system but see
if we can find a middle road by letting building continue without
issuing any occupancy permits which seems to be the prime concern.
Discussion followed.
The President stated that until we get a letter from the Metropolitan
Sanitary District more clearly defining what they would like us to do,
it is very evident that the occupancy portion must be held up.
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Trustee Gleeson moved that the Building Commissioner be directed
to allow no more occupancies in the Arlington Addition to Unit 7
and Unit 7 until such time as a permit and permission has been
granted by the Metropolitan Sanitary District; coupled with that
that the Building Commissioner inform the Police Department of
those homes which are now physically empty and will have to remain
so until such a time as the Metropolitan Sanitary District has re-
issued a permit. Trustee Huxhold seconded the motion and upon roll
call, it carried unanimously.
23. BRUNSWICK CORPORATION -- CAR WASH
President Thompson read a letter from Mr. Teas of the Brunswick
Corporation in regard to a variation for purposes of an automatic
car wash. Trustee Felten moved to forward this to the Plan
Commission for hearing and recommendation. Trustee Huxhold seconded
the motion and upon roll call, it carried unanimously.
24. ZONING BOARD OF APPEALS RECOMMENDATI ON RE RASMUSSEN APPEAL
(Doc. #68-25)
The President stated that the recommendation from the Zoning Board
of Appeals is in regard to a one foot variation in the side yard
requirements for Mr. L. H. Rasmussen. Trustee Wilhelm moved that
the Board grant the variation on the side yard of Mr. Rasmussen
at 504 Patton Drive. Trustee Huxhold seconded the motion and it
carried unanimously upon roll call.
25. LETTER FROM METROPOLITAN SANITARY DISTRICT
President Thompson read a letter from the Metropolitan Sanitary
District referring to the designation of "Clean Streams Week" .
The President stated that he would designate the week of May 26th
through May 31st as "Clean Streams Week" .
26. LETTER FROM VILLAGE OF WHEELING
President Thompson stated that the letter from the Village of
Wheeling is in regard to the establishment of a Joint Youth
Commission.
27. LETTER FROM WHEELING TOWNSHIP COLLECTOR
President Thompson stated that the letter from the Wheeling Township
Collector is in regard to a Real Estate Tax Bill covering Lot "A" .
President Thompson directed the Attorney to take care of exempting
this property from the tax rolls.
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28. MINORITY REPORT -- TRUSTEE FELTEN
President Thompson stated that the minority report received from
Trustee Felten is in regard to street lighting and sidewalk repairs,
village streets and weeds. Trustee Felten moved that the report
be referred to the Public Improvements Committee for their
recommendations to be heard at the next regular Board meeting.
Trustee Huxhold seconded the motion and the vote was as follows:
AYES: Trustees Huxhold, Lewis, Felten, Gleeson, Thorud
NAYS: Trustee Wilhelm
The motion carried.
29. WELL AND SEPTIC SYSTEM REQUEST BY PAUL RAUPP
President Thompson stated that the Board has received a request
from Paul Raupp for permission to install a well and septic
system on Lots 8 and 9 of the Weidner Subdivision. Mr. Raupp
has the Lake County Health Department permit for the well and
septic system. Mr. Raupp will tie-in to the Municipal water and
sewer system when available in the area. Discussion followed.
Trustee Huxhold moved that the Board give Paul Raupp permission
to put in the well and septic system on a temporary basis until the
water and sewer from the Municipal supply becomes available at
which time they will tie-in and be subject to Village fees and
the Village shall receive a letter from Mr. Raupp to this effect.
Trustee Felten seconded the motion. Upon roll call, the motion
carried unanimously.
The Village Attorney was directed to draft a short agreement
between the Village and Paul Raupp as to the tie-in of the Municipal
water and sewer lines subject to the usual fees.
30. LETTER FROM THE KNIGHTS OF COLUMBUS
President Thompson stated that the letter from the Knights of
Columbus is announcing a Pancake Breakfast to be held on June 23rd
to benefit retarted children in the area. They request permission
to conduct a car parade and canvass door-to-door. Trustee Felten
moved that the Board give the Knights of Columbus permission to
conduct a parade and canvass door-to-door and waive the fee. Trustee
Huxhold seconded the motion and it carried unanimously.
31. TABLE OF ORGANIZATION -- POLICE DEPARTMENT
Trustee Lewis moved that the Table of Organization for the Police
Department be amended to include two patrolmen which would mean
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that the Police and Fire Commission would start their advertising
for our fourth full-time policeman. Trustee Felten seconded the
motion and it carried unanimously.
32. ADVERTISEMENT FOR NEW POLICE VEHICLE
Trustee Lewis moved that the Board authorize the advertisement of
bids to be received for a new Police vehicle. Trustee Huxhold
seconded the motion and upon roll call, the vote was as follows:
AYES: Trustees Huxhold, Lewis, Gleeson, Thorud
NAYS: Trustees Wilhelm, Felten
The motion carried.
33. SECRETARY FOR VILLAGE MANAGER
Trustee Gleeson stated that during the course of some of the budget
meetings many of the departments are raising a need for typewriters
obviating a need for typing help and that since we are about to
hire a Village Manager it might be time to advertise for a secretary
for him. This secretary could be used initially to take up some of
the typing. Trustee Gleeson stated that Mr. Bannister should do the
interviewing and get one hired by the time he begins work.
Trustee Gleeson moved that the Board authorize the advertising for
a secretary for the Village Manager under the specifications as set
by him. Trustee Lewis seconded the motion and upon roll call, the
motion carried unanimously.
34. SPECIAL ELECTION -- MUNICIPAL BUILDING
Trustee Lewis gave a report on the activities of the various
committees now working very industriously to secure the passage
of the upcoming referendum on the Municipal Building.
35. STREET LIGHTING -- LEVITT AREA
Trustee Wilhelm asked Mr. Orchant of Levitt & Sons if they have
come along any farther in regard to street lighting for the Strathmore
area. Mr. Orchant replied that that is primarily why he has attended
the Board meeting and that he would like to discuss the matter after
the meeting with Trustee Wilhelm.
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36. KUCH & WATSON -- RESTORATION WORK
Trustee Wilhelm directed the Clerk to call Kuch & Watson and in-
form them that they are responsible for lawn restoration, etc. which
still needs to be completed.
37. ADJOURNMENT
Trustee Gleeson moved that the meeting be adjourned until June 3rd
at 7: 30 P.M. Trustee Lewis seconded the motion and it carried
unanimously.
Village Clerk
Approximately 11: 20 P.M.
APPROVED THIS �z? DAY OF , 1968
ILLAGE P DENT