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1961-07-13 - Village Board Regular Meeting - Minutes MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF JULY 6, 1961 HELD THURSDAY JULY 13, 1961, OF THE PRESIDENT AND BOARD OF TRUSTEES OF.THE VILLAGE OF BUFFALO GROVE, COOK COUNTY, ILLINOIS, AT 8:00 P.M., IN THE LOUISA MAY ALCOTT PUBLIC SCHOOL IN BUFFALO GROVE, TL=T.TNOIS. The President called the meeting to order. In the absence of the Village Clerk, Trustee Farrington was asked to record the minutes. The roll was called and the following were found present: President Bunescu; Trustees Frank, Gillen, Huxhold, Farrington, Walte is and Bochniak Absent: None Trustee Farrington gave a general report of the Public Improvement Committee. The Clerk arrived and proceeded to record the minutes. ThePresident reported on the Public Safety Committee, stating they are now working on the Rescue Squad. Mr. Breson has been in contact with the Fire Protection District, and it has been suggested that this group meet with our Board to iron out a few details. Hopes this will be ready by the August meeting. The President stated that a preliminary plan of Unit VII was given to the Plan Commission and would like this clarified by formal action of the Board. Trustee Farrington moved that the preliminary plan of Unit VII presented to the Board be passed on to the Plan Commission. Trustee Walters seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Gillen, Huxhold, Farrington, Walters and Bochniak NAYS: None. The President read a proposed letter to be given to the Buffalo Grove Civic Center Building Association (Doc. No. 113), which letter gives the Board's endorsement and support to the Association's endeavor to erect a building for the Village. Following discussion and somecorrection, the Clerk was directed to type the letter for the President's signature. Trustee Bochniak, Finance Committee, presented the Annual Appropriation Ordinance. The President and the members of the Board stated they have read this proposed ordinance and are familiar with it. Following discussion, Trustee Walters moved that Ordinance No. 0-61-15, being the Annual Appropriation Ordinance, be approved. Trustee Gillen seconded the motion. On roll call the vote was as follows: AYES: Trustees Bochniak, Walters, Farrington, Huxhold, Gillen and Frank NAYS: None The President referred to Resolution No. R-61-5, passed by the Board on June 1, 1961, re acquisition of the Buffalo Utility Company. He stated that a letter had been sent to the Utility Company making an offer to purchase the Utility Company and setting July 6th as the expiration date of the offer. The President then read a letter from the Buffalo Utility Company, stating that the President and Secretary were out of town until the middle of July, and that upoh their return a Directors meeting would be called to consider the offer. The President stated that since there was no formal acceptance or rejection of the offer, he would like an opinion from the Board as to whether or not the expiration time should be extended. Trustee Walters suggested that the Board go ahead as originally planned and start condemnation proceedings or declaratory judgment, whichever is indicated. He feels that discussion has gone on for months and does not think the Board should wait any longer. Mr. Raysa was asked his opinion on the type of action to be taken, and stated that if the Board feels it wants to proceed, he would recommend a joint action for declaratory judgment and condemnation proceedings or an action in the alternative for declaratory judgment followed by condemnation proceedings. Trustee Walters moved that the Village attorney be authorized to enter into a joint declaratory judgment and condemnation proceedings or into a declaratory judgment followed by condemnation proceedings if that is the best course to follow. Trustee Gillen wanted to know why the Village did not immediately proceed with condemnation proceedings. Mr. Raysa stated it is his understanding that the Village claims it owns the underground, or in the alternative if the Village does not own the underground they are trustees for those individuals who own the underground, and you do not condemn anything you already own. The first step is to decide who owns the underground. In answer to a question as to the length of time a law suit would take, Mr. Raysa stated that would depend on whether or not there was an appeal. He stated that declaratory judgments and condemnation proceedings take precedence and we should get a hearing and decision in the lower courts within a period of 6 months. However, if it is appealed this may take approximately 1 to 1-1/2 years. Trustee Gillen feels that it would be better to save the time involved and to start condemnation proceedings immediately. Mr. Raysa stated that was entirely up to the Board. In the discussion that followed it was ascertained that the Village could save a considerable amount of money if it won the declaratory judgment action. There was a discussion on the Village building its own plants, but doubt was expressed that the Federal Government would give aid since there are existing facilities. Trustee Bochniak seconded the motion. L Trustee Frank asked for an estimate of the legal expense to the Village in the event the Utility Company took the matter up to the Supreme Court. Mr. Raysa stated he would like to give consideration as to what his fee would be and would present it to the Board in writing at the next meeting. Upon being questioned, Mr. Raysa stated he would like to give consideration as to what the minimum fee and the contingent fee would be. He would probably ask for something in the nature of 25% of the savings and the minimum fee would be something in the neighborhood of $1500.00, with $750.00 to be paid when the action is started and $750.00 within six months time. He again stated he would set his fee in writing and have it ready for the next meeting. He further stated there would �7 be a filing fee of $20.00 plus service of summons, plus the cost of the transcript of proceedings, which would be hard to determine, but that the Village would have to pay the costs. There was further discussion on the cost and expenses of the law suit if testimony would be required by engineers or any other expert. Trustee Frank asked if any Village had ever successfully condemned a water company. Mr. Raysa stated he would check this but that the statute gives the Village specific power to acquire by condemnation sewer and water facilities, particularlywater. Trustee Frank suggested that this matter be put to a vote before the people before any legal action is taken to find out their wishes. Discussion followed on this and the President stated that the resolution sets forth the reasons for acquiring the Utility Company. Trustee Walters stated if this was submitted to a vote right now and the vote was favorable, that in 6 months or a year, the people could change their vote. He stated the Board is elected by the people to be their representatives and that it is up to the Board to use their good judgment. The roll was called and the vote was as follows: AYES: Trustees Bochniak, Walters, Farrington, Huxhold NAYS: Trustee Gillen ABSTAIN: Trustee Frank The President announced that the motion is carried. Trustee Gillen stated for the record that his no vote is not because he is in opposition to the purchase of the Utility Company by the Village, but rather the action that is being taken. He feels that declaratory judgment will take an undue length of time for the possible savings in money and he would r ather see this time saved and condemnation proceedings started. Trustee Bochniak, Finance Committee, reported that he has contacted two certifiedpublic accountant firms. One estimate was for $500.00. The second from Tito and Fredricks is for $400.00 with 10 copies of the audit report. Their charge per day is $50.00 and should it take them less time than they estimate, the charge will be reduced accordingly. He stated the State Statute requires this audit be made by public auditors in every odd year and must be done within 6 months of the close of the fiscal year. Trustee Bochniak moved that the Board authorize the hiring of the certified public accounting firm of Tito and Fredricks to certify the Village books of account for the fiscal years ending April 30, 1960 and April 30, 1961, at a cost not to exceed $400.00. Trustee Walters seconded the motion. On roll call the vote was as follows: AYES: Trustees Bochniak, Farrington, Walters, Huxhold, Gillen and Frank NAYS: None A discussion was had on increasing the building inspection fees and the building commissioner's fees. Trustee Bochniak stated that the Finance Committee recommends that this be done, but that at the same time the building permit fees be raised from $90.00 to $100.00. Mr. Raysa was asked to prepare the appropriate ordinances. At the request of the Building Commissioner, the President designated Norman Schwinn and Gerald Trice as Building Inspectors. Trustee Bochniak moved that the Clerk publish the financial statement of the Village for the fiscal year ending April 30, 1961. Trustee Walters seconded the motion. On roll call the vote was as follows: AYES: Trustees Bochniak, Walters, Farrington, Gillen, Huxhold and Frank NAYS: None The President stated that Ordinance No. 0-61-14, being an ordinance amending 0-61-7, the Zoning Ordinance, relating to attached and detached garages, had received a tie vote at the last Board meeting and was referred back to the Plan Cni mi ssion. The Plan Commission Chairman stated that its recommendation is the same and that detached garages may be constructed up to 31 from the side yard line. The President read the Ordinance. Trustee Bochniak moved that Ordinance No. 0-61-14, being an Ordinance amending Ordinance No. 0-61-7, the Zoning Ordinance, be passed. Trustee Walters seconded the motion. On roll call the vote was as follows: AYES: Trustees Bochniak, Walters, Huxhold NAYS: Trustees Farrington, Gillen and Frank AYE: President Bunescu The President read a letter from the Village Baptist Church of Buffalo Grove, requesting a variation of the Zoning Ordinance to permit the erection of a church on an area that will be less than the requirement contained in the Zoning Ordinance. Trustee Bochniak moved that the request of the Village Baptist Church of Buffalo Grove for a zoning variation be referred to the Plan Commission. Trustee Gillen seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Gillen, Huxhold, Farrington, Walters, Bochniak NAYS? None The Building Commissioner said that the inspection fees cover single fa mily ngl residences and he would like the Board to consider an increase in inspection fees for all buildings constructed when the permit fee is over $90.00. The President read proposed Ordinance No. 0-61-16, which is an Ordinance creating a Board of Local Improvements, and designating the members of the Board as: Village President Aloysius P. Bunescu Village Trustee William J. Farrington Trustee Village Albert Frank g Village Trustee James A. Gillen G ,;7 Trustee Huxhold moved that Ordinance No. 0-61-16, being an Ordinance Creating a Board of Local Improvements, be passed. Trustee Bochniak seconded the motion. On-roll call the vote was as follows: AYES: Trustees Walters, Farrington, Bochniak, Frank, Gillen and Huxhold NAYS: None The President read Ordinance No. 0-61-17, being an Ordinance amending the subdivision regulation ordinance to provide for permanent monuments or markers. Following discussion, Trustee Walters moved that Ordinance No. 0-61-17, being an Ordinance amending Ordinance entitled "The Subdivision and Platting of Land and Providing for Installation of Subdivision Improvements" be passed. Trustee Bochniak seconded the motion. On roll call the .v ote was as follows: AYES: Trustees Huxhold, Gillen, Frank, Farrington, Walters, Bochniak NAYS: None Trustee Walters moved that the proposed plumbing ordinance be tabled to the August meeting. Trustee Bochniak seconded the motion and it was unanimously carried. It was stated that the Petition for De Annexation from the Metropolitan Sanitary District of Greater Chicago was filed today. A discussion was had on a bill from Country Servide in the amount of $715.00 which is over and above the amount of the contract with Country Service for excavating in the park. It was stated that the Village Engineer had mis- calculated the amount of yardage to be moved. Following_discussion, Trustee Farrington moved that the balance of $715.00 as shown on Country Service and Supply Company's Invoice No. 14894 be paid subject to the approval of the Village Engineer. Trustee Frank seconded the motion. On roll call the vote was as follows: AYES: Trustees Bochniak, Farrington, Welters, Huxhold, Gillen and Frank NAYS: None The President read a letter from Trustee Gillen (Doc. No. 114) resigning as an associate member of the Park Commission. In response to a.-question, Trustee Gillen stated that Public Relations have people in liaison with other groups such as School Board meetings, Wheeling meetings, Women's Club, and will have with the Park Commission, but that this does not require the services of a Trustee. Trustee Gillen brought up for discussion the purchase of a duplicating machine. Following discussion, Trustee Gillen moved that the Village authorize the purchase of a duplicating machine up to $50.00. There was no second( to the motion. It was suggested that Trustee Gillen look into this further. Trustee Walters moved that the meeting adjourn. Trustee Farrington seconded the motion and it was unanimously carried. -GL��4/ y.- Village Clerk U