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1966-10-06 - Village Board Regular Meeting - Minutes 936 1 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, ILLINOIS, HELD THURSDAY, OCTOBER 6, 1966, AT THE MUNICIPAL SERVICE CENTER, 150 N. RAUPP BLVD. , BUFFALO GROVE, ILLINOIS. U The meeting was called to order at approximately 8:20 P.M. All present stood and recited the Pledge of Allegiance to the Flag. The Clerk call the roll and the following were found present: President Farrington; Trustees Huxhold, Weiskopf, Marsh, Wilhelm, Lewis, Palmer Trustee Marsh moved the minutes of September 1st be approved as submitted. Trustee Huxhold seconded the motion and on roll call the vote was as follows: AYES: Trustees Huxhold, Marsh, Wilhelm, Lewis, Palmer NAYS : None ABSTAIN: Trustee Weiskopf Trustee Palmer moved the minutes of September 15th be approved as submitted. Trustee Wilhelm seconded the motion and on roll call the vote was as follows: AYES : Trustees Huxhold, Weiskopf, Wilhelm, Lewis, Palmer NAYS : None 1 ABSTAIN: Trustee Marsh Trustee Weiskopf then read Warrant #105 . Trustee Wilhelm moved Warrant #105 in the amount of $9,479.40 be approved as submitted for payment. Trustee Palmer seconded the motion and it was unanimously carried. 1 `J Martin J. McHugh then gave the Treasurer ' s report. Receipts for the month of September were $6,019.42; balance at the end of September was $23, 387 .83 of which $2, 311.52 is MFT fund. Accumulated Motor Fuel Tax amount is $87, 561.48. I i i I i Cl ' 937 Chief Arlie L. Page then gave the Police Department report. There was a total of 1884 hours worked during the month of September. There were 91 complaints requiring a written report, 97 moving violations and 41 local ordinance citations issued. The men of the Department attended 5 separate courts . Chief Wayne Winter then gave the Fire Department report. There was a total of 504 hours worked consisting of fire assists, meetings, practice calls, and training. The September 25th training session was held at Glenview Naval Air Station, showing how to rescue aircraft personnel and fight aircraft fires . Everyone of the Village was cordially invited to attend the Dance on October 15th. Alex Stasal, Plan Commission Chairman, then gave his report. At the September 22nd meeting, the plans for Cambridge Country- side Units 3 and 4 were reviewed and it is recommended that they be accepted and approved by the Board. The Plan Commission is in the process of reviewing the plans for the apartments. They are now in the various committees and it is expected that a recommendation will be made on November 3rd. Park Commission had no formal report. Finance Committee had no formal report, only one item that will be brought up under New Business . Trustee Marsh questioned when the first 1/4 expenditures would be available. Trustee Weiskopf stated they should be ready at the next meeting. Public Improvement Committee had no formal report except to say that the blacktopping on Buffalo Grove Road should be done l j within the week. �J Police & Traffic Committee had a meeting and discussion will be brought up under New Business. /- 938 OLD BUSINESS President Farrington then stated that we have been patiently waiting for a report from Jack Siegal, and with red faces must say there is still no report. Engineer Hooper stated he has made several telephone calls which are all unanswered. Trustee Marsh moved that the motion to table be brought on the floor. Trustee Huxhold seconded the motion. Trustee Marsh then stated that we have been waiting since August llth for a decision from Mr. Siegal on a possible alternative means of acquiring the utility other than condemnation. He stated he has a great respect for Mr. Siegal ' s ability; however, time is of the essence. He stated that with Board approval, he would suggest that we retain other counsel. He suggested that we give counsel an opportunity to study the situation and report back within 14 days . He stated he will withhold requesting action on the condemnation if the Board will agree to retain Louis Ancel as co-counsel to explore further means and report back within 2 weeks . Mr. Raysa then stated that it was his understanding that we had asked Mr. Siegal ' s opinion because he had had a recent experience in Arlington Heights in connection with acquiring a utility by lease or subordinated bond arrangement. He stated he thought he could work that out without the necessity of employing Louis Ancel since the statute gives the right to lease; however, leasing or a subordinated bond issue requires the cooperation of the utility and if they will not agree, there is no sense in proceeding along that avenue. He stated not to be misunderstood, he has no objection to working with Mr. Ancel; however, he does not think it is required. President Farrington stated in the case of subordinated bonds, until we know the interest rate and maturity dates and amount, we cannot work out an agreement with the Utility Company. They would not be objectionable if the time and amount was, in their opinion, feasible. Mr. Raysa stated that there must be an agreed price reached. Thereafter, the Village informs the Utility that we can float approximately $875,000 .00 worth 939 of bonds and anything above that, they are being asked to take back by subordinated bonds; then if they agree, we can proceed to establish the bond issue. Trustee Weiskopf stated that in his opinion it is an inopportune time to file condemnation suit. He stated if we win we do not know how we will pay for the Utility, and if we cannot we will still have to pay legal fees . He stated in his opinion the only way at present to acquire the Utility is through negotiation. He stated in his opinion if we can maintain present rates or reduce them this is good; however, if they will have to be raised to retire a bond issue, then we do not need the Utility Company. He suggests the Board try in some manner to sit down once again with the Utility and see if something can be worked out. He stated at this time he would have to vote against the motion to condemn. Trustee Marsh stated he disagrees with Mr. Weiskopf' s state- ment that the time is inopportune at this time. He stated the longer we wait the greater the value of the Utility. He stated there is no question in his mind that we must act within 2 weeks either by condemnation or by a negotiated purchase. Trustee Palmer questioned the feasibility of a declaratory judgment suit to discover the ownership of the underground, since this is a big portion of the asking price. Mr. Raysa stated that it would probably take approximately 2 years to get a decision on such a suit. Trustee Marsh withdrew his motion to "untable" his prior motion and the seconder, Trustee Huxhold, withdrew his second. President Farrington then asked that the Village Attorney report on what has been happening regarding the Quo Warranto Action of the Utility Company against the Village. Mr. Raysa stated that since we have sold the first portion of the bonds for the Municipal Utility, Buffalo Utility has filed appli- cation for Quo Warranto action. He stated there have been 47. CGLI CE C�Ce_ _ /G- ,D G. 940 two hearings thus far and the Village has been given leave to submit certain interrogatories and within 5 days and the Utility is to answer within 5 days and the next hearing will be October 21st. He stated that Mr. Short stated they are going to do everything legal to keep the Village out of the Utility Business. Mr. Raysa stated we can continue with construction since the Court would not issue an injunction. The firm of Isham, Lincoln and Beale has asked whether they can enter into the action and Mr. Raysa stated he would like permission to take them as co-counsel because they are legally obligated to protect the bond buyer since they gave an opinion that the bond issue was good and valid. PCompany Mr. Hooper stated that an official of the Utility om P has told the well driller that he would not start work if he were drilling since they are filing suit. Trustee Marsh asked whether a court order can be secured to stop the Utility from threatening the contractor. Mr. Raysa stated he did not think the statement had any merit and Mr. Hooper stated that the contractor did not think so either since he was drilling. Thereupon, Trustee Marsh moved that the Board authorize the retention of Isham, Lincoln and Beale as co-counsel in defending the action brought by Buffalo Utility Company. Trustee Palmer seconded the motion and it was unanimously carried. NEW BUSINESS President Farrington read a letter from the Children' s Benefit League of Chicago and Suburbs requesting permission to have their taggers in the Village on their official tag day which is April 21, 1967 . Trustee Wilhelm moved approval be given and the fee be waived pending the Clerk' s approval and investigation of the organization. Trustee Weiskopf seconded the motion and it was unanimously carried. President Farrington then stated that prior to his resignation, Mr. Krug had set up a meeting with the Home Builders Associ- ation regarding discussion of the proposed zoning ordinance. I i i • .L, • • • 941 He stated he has a letter confirming the meeting date for October 13th at 8:00 P.M. They will have various slides and movies and will discuss the enforcement and regulations con- ' cerned with cluster zoning. Mr. Hooper stated that Mr. Krug has also invited, at the suggestion of the Association, school officials and various representatives of organizations to attend the meeting. Trustee Wilhelm then stated that another meeting had been had with the Fire District and they have agreed to strike that portion of paragraph 3 that deals with the Workmans ' Compensation insurance. He stated that unless there are other objections, he would like to ask that the Board sign the contract and send it back to the Fire District. Trustee Marsh stated that he thought eventually we would have a municipal fire department and questioned whether it is the intent of the Committee and the Board to abandon that thought. Trustee Wilhelm stated they would prefer not to abandon the idea of a municipal fire department; however, at this time we cannot afford to start the department ourselves and rather than not have a department he feels it is a good idea to take advantage of this contract with the district. The amount of money the department will get is almost double of what we could expect from taxes . He stated if we go Village, there is no way we can equip the department and maintain the rate of fire insurance we now have. He feels it is to our advan- tage to accept this contract. Trustee Marsh stated that the average tax per home that goes into the District is approxi- mately $8. 50 to $9.00 per home which based on 1,000 homes is approximately $8, 500.00 per year. He stated this seems to be the amount that the department will be getting from the District according to the contract. He stated he did not think the Insurance Rate Bureau will approve the present setup until there is an adequate station. He stated regardless of whether we are district or municipal, we must have different housing and whether we are municipal or dis- trict, our class will remain the same. Trustee Marsh also queried what happens to the equipment that the Village has purchased for the Fire Department. Chief Winter stated it remains the property of the Department and does not become the property of the district. He stated that the district will not own the truck either, they are merely furnishing money for the equipment. They do not own any equipment. 942 Trustee Marsh further stated that there is no doubt that we want to encourage the Department and are desirous of a fire department; however, he does not think the Board can enter into a contract to provide housing if it is not available and does not think the Park should be put out "in the cold" . He stated it is the responsibility of the Board to see that all departments can continue with their progress and improve their programs . He stated that this building (the Field House) is primarily for the Park District. Mr. Brown, Park Commissioner, was questioned as to their position in this regard. Mr. Brown stated that they are looking into converting the patio area for temporary quarters for the park equipment so that the fire trucks can be housed in the garage and comply with "suitable quarters" temporarily. However, he emphasized that it was a temporary arrangement. Thereupon, Trustee Huxhold moved that the agreement between the Buffalo Grove Fire Department, the Village Board and the Wheeling Rural Fire District be approved and signed. Trustee Weiskopf seconded the motion and it was unanimously carried. President Farrington then read a letter from the Wheeling Park District (Doc. #66-17) regarding their request to the Sanitary District to finance a portion of a retention basin in Heritage Park. The letter was referred to the Engineer, as well as the maps enclosed, for his comments and/or recommendations . Upon the recommendation of the Chairman of the Plan Commission, President Farrington appointed HENRY CIMAGLIO and RAYMOND AXEN to the Plan Commission for a one year term. It was moved by Trustee Weiskopf and seconded by Trustee Marsh that the appointments be confirmed. The motion carried unanimously. ( Discussion followed regarding Units 3 and 4 of Cambridge v Countryside. President Farrington questioned the drainage in the area. He asked Mr. Rodeck, one of the Drainage Commissioners whether there had been any meetings of the District. He stated that it was his understanding that the Village of Wheeling and the Village of Buffalo Grove were 943 each to submit 2 names, one of each to be considered for appointment as Drainage Commissioners. He stated he noted in the newspaper that 2 appointments had been made. Mr. Rodeck stated the two appointed were Walter Diens and Walter Krause and stated there have been no meetings as yet. It was noted that the 2 appointees were the husbands of the Village Clerk and Deputy Clerk of Wheeling. Mr. Hooper stated that if Wheeling blocks the present inlet, there will be water going through the patio doors of some of the homes in Wheeling, since they will be blocking a drain that has been in use for years . Mr. Hooper stated he recommends approval of Units 3 and 4 and added that if Wheeling blocks the inlet an injunction should be sought to protect the people which will be flooded because of surface flow water. Thereupon, Trustee Huxhold moved that we approve and accept Units 3 and 4 of Cambridge Countryside. Trustee Marsh seconded the motion and it was unanimously carried. President Farrington then questioned what is holding up the putting of the sewer lines in on Buffalo Grove Road. Mr. Hooper stated that the plans and specifications for the installation of the sewer are incomplete and contain gross errors . They are to be sealed and signed by an engineer and he has requested a letter be sent from the engineer stating that the signature and seal are his and that the seal be embossed; however, he has received no answer. Further discussion followed regarding the require- ments of the bonds and Certificate of insurance. l ) President Farrington then questioned what happens if these lines are not put in. Mr. Hooper stated that assuming the sewers in Unit 7 have been properly constructed as far as infiltration is concerned, there should be no problem in the next few months. However, by spring, there could be a potential problem. 944 Following further discussion, it was suggested that the plans be returned from whence they came marked inadequate and a request for revised, correct plans and specifications be made. Mr. Hooper upon questioning as to who the engineer was stated it was purportedly sealed and signed by DeSoto McCabe, but Mr. McCabe is not at the address on the plans ( and has not been for approximately 3 years. Mr. Rodeck of the Buffalo Utility Company stated that they are merely requesting a permit to open the parkway. Mr. Hooper stated that the plans and specifications of what is being put into the opening must be reviewed and required by State Law (Illinois Departmentof Health and Welfare) to be sealed by a licensed engineer. Trustee Weiskopf stated that the Finance Committee has received a request for the Fire Department for transfer of funds within their budget. Thereupon, Trustee Weiskopf moved that those funds in the Fire Department budget re- maining for disbursement be transferred to the New Equipment Fund. Trustee Marsh seconded the motion and it was unani- mously carried. A letter from Richard J. Brown was then read, requesting permission to install gas lights rather than electric lights in Cambridge Countryside Subdivision as street lights . The letter set forth the various fees involved. Following discussion, the Board will make a decision after they have had an opportunity to see the light (sample) and inquiries are made of other communities as to the breakage problem. Trustee Marsh then stated that at a meeting of the Police and Traffic Committee the feasibility of installing flashing stop lights in the areas of the schools was discussed, said lights to be operated manually by school personnel only at those times when children are arriving and leaving. He stated he asked Engineer Hooper whether this could be done under MFT and was assured that it could be. He stated at the present time they are checking costs and have been told it will cost approximately $2,000 .00 . He requested that the 945 Board give an informal opinion as to whether they should proceed with getting the exact cost figures . He also asked that the Board allow the attorney to prepare an ordinance for the posting of no parking signs on the South and East side of Golfview for 300 ' in either direction and asked that the Board consider the installation of a stop sign at the intersection of Raupp and Golfview Terrace. Trustee Wilhelm t stated he would not agree to a stop sign. Discussion followed �J regarding the dangerous condition that would prevail, g g g especially during adverse weather conditions. Trustee Wilhelm felt there was no need to have a stop sign there when there was no school traffic. Trustee Huxhold then stated he had a letter from the Chief of Police regarding some violations at the Bowling Alley that he felt should be looked into. President Farrington stated that the letter was to be acted on by the Liquor iHuxhold stated he Commissioner. Trustee thought there should be some action taken. President Farrington stated that the letter for this type of discussion is out of bounds and has too much impact; therefore he will not entertain the discussion of it without the accompanying documents . Trustee Wilhelm then questioned the Plan Commission Chairman as to why there was no recommendation on the request of a resident regarding the fence ordinance. Following discussion and it being apparent there was an oversight, President Farrington asked Mr. Stasal to contact the party involved and proceed from there. Mrs. Ann Ruck was then recognized and asked whether the Police and Traffic Committee was going to issue a directive regarding Halloween. Trustee Marsh stated it would be dis- cussed at the meeting next week. Upon the request of the Village Engineer, Trustee Weiskopf moved that the Engineer be allowed to take bids on the Sanitary sewers to service the Glen Grove area. Trustee Marsh seconded the motion and it was unanimously carried. 946 There being no further business and no questions from the audience, it was moved by Trustee Weiskopf and seconded by Trustee Lewis that the meeting be adjourned. The motion carried unanimously. Respectfully submitted, Village Clerk TIME: Approximately 11:40 P.M. Li Y