Loading...
1966-10-20 - Village Board Regular Meeting - Minutes 947 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 20, 1966, AT THE MUNICIPAL SERVICE CENTER, 150 N. RAUPP BLVD. , BUFFALO GROVE, ILLINOIS. In the absence of President Farrington, Senior Trustee Huxhold called the meeting to order at approximately 8:35 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: Trustees Huxhold, Weiskopf, Marsh, Wilhelm, Lewis ABSENT: President Farrington, Trustee Palmer Trustee Marsh moved the minutes of the meeting of October 6, 1966, be approved as submitted; Trustee Lewis seconded the motion. Trustee Weiskopf asked that the "not" portion of the word "cannot" on page 939 be deleted. The maker of the motion and seconder so amended. On roll call the motion carried unanimously. Trustee Marsh stated that the Police & Traffic Committee had a meeting at which applicants were interviewed. However, due to the absence of President Farrington the appointments could not be made tonight. He also stated they discussed ways of "tightening the budget". Trustee Weiskopf then read Warrant #2 of the Waterworks and Sewerage Fund totaling $3, 281.22. Trustee Weiskopf moved the warrant be approved for payment seconded by Trustee Lewis . On roll call the vote was as follows: AYES : Trustees Huxhold, Weiskopf, Marsh, Wilhelm, Lewis NAYS : None There was no report from the Fire and Health Committee. 948 The Finance Committee reported that they have prepared the 5-month expenditures for the budget and will submit it to all Committee and Department heads. OLD BUSINESS Presiding Trustee Huxhold read Ordinance 0-66-22 amending the Traffic Ordinance with regard to installing a stop sign at the intersection of Golfview Terrace and Raupp Blvd. Trustee Marsh moved Ordinance 0-66-22 be approved and adopted. Trustee Lewis seconded the motion and it was unanimously carried. Thereupon, Trustee Huxhold read Ordinance 0-66-23 being an Ordinance amending the traffic ordinance with regard to parking on the South and East sides of Golfview Terrace for 300 ' of the Joyce Kilmer School property lines. Trustee Marsh moved the Ordinance be adopted. Trustee Weiskopf seconded the motion. Discussion followed when Trustee Wilhelm stated that the parking lot at the school is barracaded and he wondered how the parents could pick their children up if they could not park. Following discussion and several questions from the audience, Trustee Marsh agreed that the signs would not be erected until such time as the parking lot is again available for use. The roll was called and the motion carried unanimously. Trustee Marsh reported that he has some cost figures on the flashing lights but will have final labor and installation costs by the next meeting. A letter was then read from John Hooper (Doc. #66-18) regarding his recommendation on the letter received from the Wheeling Park District (Doc. #66-17) requesting assistance to ask the Metropolitan Sanitary District to aid in con- struction of a retention basin in Heritage Park. Mr. Hooper hedid not see how the Village of Buffalo Grove stated g the request for a in Wheelin g without could join in q pond requesting similar assistance for ponds proposed in Glen Grove and Cambridge Countryside Areas. In both instances, X: 949 construction is totally at the expense of the local bodies— He stated he feels that the Metropolitan Sanitary District ' s approach of concentrating efforts in construction of larger (over 100 acre) retention basins near the upstream waters of the area ' s creeks and rivers rather than in participation in relatively small basins which service only a small area, is correct. Mr. Raysa was then asked the status of the Quo Warranto action by Buffalo Utility. Mr. Raysa stated that as he had indicated prior to the meeting by delivering copies of same, the depositions of the board members, the President and the ' Clerk will be taken on October 27th. He asked that we indicate a time which will be convenient. They desire Mr. Farrington' s deposition first. Trustee Lewis stated he did not think he would be able to appear until late afternoon since New Trier has never heard of Buffalo Utility Company and would probably frown on it since they probably waste more water than Buffalo Utility has in their tanks . Trustee Wilhelm indicated he would have to inquire of his employer when he could attend. Trustees Huxhold and Marsh indicated an afternoon time and Trustee Palmer will be con- tacted. Trustee Weiskopf indicated a morning hour as did the Village Clerk. Mr. Raysa further stated that the answer to the complaint will be filed on the 21st and there will be a hearing before Judge Donovan at the Civic Center at 10:00 on the 31st of October. He further stated that Buffalo Utility has filed an appli- cation for the determination of the value of the Utility Company in which he will intervene. The hearing is set for the 10th of November. �./ Trustee Weiskopf then questioned when the driveways would be complete along Buffalo Grove Road, stating he has been asked several times by residents, there, when their driveways will be complete. Mr. Hooper stated the cut-off date for asphalt use was October 15th; therefore, there will be no more blacktopping done until May 15th. He stated they have special ` � i 950 permission to finish Dundee Road because of the Traffic hazard but he stated it would be difficult to prove a traffic hazard in a driveway and further stated that the stone in the driveways is of good quality and if there are any places that are not useable, he would like to know so that he can inform the contractor. Trustee Marsh questioned what the delay was . Mr. Hooper stated that there was an approximate 2-week delay during which time he had to convince everyone that there was, indeed, a right-of-way across the Horcher property (which had been questioned) and public service did not move their poles until they were certain that the right-of-way was clear. Trustee Marsh moved that we remove from the table and bring up for discussion the motion he had previously made con- cerning condemnation proceedings against Buffalo Utility. Trustee Huxhold seconded the motion and on roll call the vote was as follows: AYES : Trustees Huxhold, Marsh, Wilhelm, Lewis NAYS : Trustee Weiskopf Mr. Marsh stated that at the request of President Farrington at the Board meeting two weeks ago he contacted Mr. Herbert Dorner of Buffalo Utility Company to see if one last meeting could be arranged to negotiate purchase. He stated Mr. Dorner told him that he did not think it would pay to attempt to have another meeting and also stated that they intend to get us out of the Utility business, and that they were going to apply pressure to Mr. Friedman, Mr. Wild and everyone con- cerned to achieve this objective and the Board of Trustees should get large ear muffs to wear with all the commotion that will be raised. Mr. Marsh stated he asked him to talk to his associates in any event but Mr. Dorner stated that at the present asking price they did not feel they could begin to entertain the thought of a subordinated bond purchase. He stated he has heard nothing further and in view of the foregoing did not think he would. He stated he would like to add a few comments before asking for a vote on the motion, which he would like to amend. He stated that we have been lead down the primrose path and there is no doubt in his 951 mind that Buffalo Utility has ever intended to sell the Utility unless the price was acceptable to them. Instead they intend to drive us out of the Utility business, to use their term, and take away the right of the people of the Village to maintain a municipal water system. He stated they have milked the Village for everything and still their greed is not satisfied. He stated they are inefficient, incompetent and can never be contacted when there is a water main break or an emergency. Both Mr. Frank and Mr. Rodeck have refused to give their telephone numbers to the Police for emergency and the one number the Village does have can be gotten only if that individual is at home. He stated the breakdowns causing foul water is uncalled for. He stated it is mandatory that we condemn as rapidly as possible and begin to maintain an efficient, competant operation for every resident in Buffalo Grove with the hope of eventually reducing the rates which are extremely high for the poor service and poor quality water we are getting. He stated that he has talked to bond prople about a condemnation price and they feel there would be no difficulty in securing approval of a bond issue based on a judgment by the courts on a price for condemnation. He stated he also knows that once a court establishes a price, we are not obligated to buy, we can withdraw. He stated he would like to urge every member of the Board to consider proceeding with the condemnation immediately and would like to amend his motion. Since the seconder to the motion was not in attendance, the roll was called on the original motion to get it off the floor for the purpose of making a new motion, and the vote was as follows: AYES : None NAYS: Trustees Huxhold, Weiskopf, Marsh, Wilhelm, Lewis Mr. Raysa then stated that in talking to Isham, Lincoln and Beale today, it was their recommendation that if the Board proposes to acquire the Utility and are unable to agree on a price, an offer should be made in the amount shown on the application recently filed before the Commerce Commission. He suggested that the Board authorize him to prepare the necessary Ordinances and papers to institute the condemnation and authorize him to make an offer and to apply to the Commerce Commission for permission to condemn. j S 952 Trustee Marsh stated this was his intent when he wanted to amend the motion. Thereupon Trustee Marsh moved the Board authorize the Village attorney to draw up the necessary papers and present them at the next Board meeting, offer to purchase the Utility, present a petition to the Commerce Commission for leave to file condemnation against Buffalo Utility, and prepare the necessary documents for the filing of the suit, and in addition authorize the retention of Isham, Lincoln and Beale as co-counsel. Trustee Weiskopf seconded the motion. Trustee Weiskopf asked the Attorney whether he could determine the cost of the suit to bring it to its culmination, i.e. his fees and Isham, Lincoln and Beale ' s fees. He stated he would talk to them. On roll call the vote was as follows: AYES: Trustees Huxhold, Weiskopf, Marsh, Wilhelm, Lewis NAYS: None Trustee Marsh then asked whether time was of the essence and Mr. Hooper stated time was extremely of the essence. The Board agreed to adjourn the meeting to a day certain. There being no further business, Chairman Huxhold called for questions from the audience. Mr. Ken Rodeck, representative of the Utility Company, was recognized and questioned when the permit to open the parkway would be issued since he thought it important that the sewer line be put in. He stated he has not received the plans back nor any notification thereof. Mr. Venetianer stated he will not issue a permit until he has assurance from the engineer that the plans are in order. Mr. Hooper stated that he has notified the Engineer of Record. Mr. Rodeck stated they are merely asking for the parkway opening permit. Mr. Raysa stated that the plans for what is going into the opening must be approved and easements must be gotten from both the County and the Village. Mr. Rodeck stated they have easements for Units 3, 5, and 7 , and Mr. Hooper stated they would need one for Unit 1 also. 953 The Subdivision Ordinance must be complied with. Mr. Rodeck stated he has not received the plans back and Mr. Hooper stated he would quote a sentence from the letter written to the Engineer of Record "I have retained these plans in my possession thus far inasmuch as if they were not prepared under your supervision and were, in fact, altered after your signature and seal, a violation of the registration act is in fact apparent" Mr. Hooper stated that this was a felony. Chiarman Huxhold stated that the Ordinances must be complied with before a permit is issued. There being no further discussion, Trustee Marsh moved the meeting be adjourned to October 27th at 8:00 P.M. Trustee Weiskopf seconded the motion and it was unanimously carried. Respectfully submitted, 4d1- 1 Village Clerk G; -1