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1959-05-07 - Village Board Regular Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK COUNTY, ILLINOIS, HELD THURSDAY, MAY 7TH, 1959, AT 8:00 P.M. , IN THE BUILDING ON LOT 71 (182) BUFFALO GROVE ROAD, BUFFALO GROVE, ILLINOIS The President called the meeting to order. On roll call the following were found present: President Bunescu; Trustees Frank, Dorner, McGahan, Walters and Bochniak Absent: Trustee Schreiber. The President stated that the minutes of the meeting held April 16th, 1959 were approved at a special meeting held April 25th. The President then read the minutes of the special meeting held April 25, 1959, and the minutes of the special meeting held May 5, 1959. President Bunescu thanked the people on behalf of himself, the trustees and the clerk for their votes, and for their attendance at the meeting. He stated that the new board would work toward harmonious relations with the incumbents and would work for the improvement of the Village. Trustee Frank moved that the minutes of the special meetings held on April 25, 1959 and May 5, 1959 be approved. Trustee Walters seconded the motion. Trustee Schreiber arrived. The President read a letter dated May 5, 1959, from DeSoto B. McCabe & Associates to Mr. Benn J. Leland of the State Health Bepartment (Doe. No. 34) which states in substance that the unsanitary condition existing in the area north of the sewage treatment plant is caused by a septic system which has ceased to function properly, and asked the State to investigate the situation. The President stated that in lieu of making an appointment of Village Attorney at this time, that a committee of trustees con- sisting of Albert Frank, Herbert Dorner, Chester Bochniak and Albert Walters, with the President acting as an ex officio member, be appointed, and that the function of this committee will be to investigate the appointment of a village attorney to serve this Village . In the interim, Mr. Byron Matthews would be considered as suspended attorney until further action is taken. He further stated that he would like to appoint Mr. Huszagh to serve as Village Attorney for this evening. He would also like to include in this interim appointment, instructions to Mr. Huszagh to review the present ordinances on an hourly basis at the minimum bar association rates of $20.00 an hour, up to a maximum of $150.00. If Mr. Huszagh finds that more time is required to study these ordinances, he would have to come to the Village Board for approval. Trustee Walters moved that the appointment of Mr. Huszagh to serve as Village Attorney for the evening, and to study the ordinances of the Village at the rate of $20.00 an hour up to a maximum of $150.00 be approved. Trustee Bochniak seconded the motion. Discussion followed. Trustee Frank asks why it is necessary to pay an attorney $20.00 an hour to read the ordinances when shortly a Village attorney will be appointed and will do this in the normal course of his services . He further inquired as to the length of time of this appointment. The President stated that the new members of the Board felt it necessary that the ordinances passed during the last year be reviewed at once. He further explained that Mr. Huszagh would serve at the meeting tonight and in addi- tion review the Village Ordinances up to $150.00, and would report at the next meeting, at which time his services would be termin- ated. He further stated that in the meantime, Byron Matthews would be considered the present but temporarily suspended attorney. It was then suggested that this motion be put into two separate motions. Thereupon, Trustee Walters withdrew his motion and Trustee Bochniak withdrew his second. Trustee Walters moved that Mr. Huszagh be appointed as Village Attorney to serve for this evening. Trustee Bochniak seconded the motion. On roll call the vote was as follows: AYES: Trustees Walters, Bochniak, Schreiber NAYS: Trustees Frank, Dorner, McGahan AYE: President Bunescu Trustee Bochniak moved that Mr. Huszagh be retained to review the existing ordinances at the Bar Association rates of $20.00 an `.i hour, up to a maximum of $150.00. Trustee Walters seconded the motion. Discussion followed: Trustee Frank stated he would like to know the qualifications of a man before paying him $20.00 an hour. It was ascertained that Mr. Huszagh is Village attorney for the Village of Kildeer and served as consultant for a time in the office of the Village of Waukegan, and that he has been practicing law for approximately 2 years . Trustee Frank read from the pam- phlet published by the Illinois State Bar Association which stated that for lawyers experienced in the profession, practicing from 5 to 10 years, with an established clientele, the minimum rate could be considered 20.00 an hour for research. A young practi- tioner inexperienced in the profession and having no unusual qualifications, should not expect to charge his clients the fees indicated in the schedule . The date of the pamphlet is September 10, 1954. The President stated that prices have gone up since then. Discussion ending, the President asked for a roll call, which was as follows: AYES: Trustees Walters, Bochniak, Schreiber NAYS: Trustees Frank, Dorner, McGahan AYE: President Bunescu The President then appointed the following members of the Board of Trustees to serve on the standing committees: Planning Committee Albert Walters - Head Herbert Dorner Finance Committee Chester Bochniak - Head Albert Walters Building Committee Robert Schreiber - Head James L. McGahan Street Committee Herbert Dorner - Head Albert Frank Zoning Committee James McGahan - Head Chester Bochniak Public Safety Committee Albert Frank - Head Robert Schreiber Chester Bochniak • Trustee Bochniak moved that the appointments to the Standing Committees of the Board of Trustees be approved. Trustee Walters seconded the motion. On roll call the vote was as follows : d AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None The President appointed Margaret Bochniak as an interim appoint- ment for Treasurer until someone with experience could be found. Trustee Walters moved that the appointment be approved. Trustee McGahan seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None The President then appointed Arthur Dick to serve as Chief of Police for one year and Roy Christensen to serve as Lt. of the Police Department for one year. Trustee Frank moved that these appointments be approved. Trustee Dorner seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, McGahah, Walters, Bochniak and Schreiber NAYS: None The President then appointed Gerald Lichtenberger as Building Commissioner and Dewey Deal and Robert Grizzell to serve as Deputy Building Commissioners, stating that the primary reason for making a change in Building Commissioners is that the indi- viduals appointed are tradesmen - electrician, tilesetter and bricklayer. Trustee Frank moved that the appointments be approved. Trustee Bochniak seconded the motion. Trustee McGahan objedted to the appointments because he felt the building commissioner should be available during daylight hours to make inspections. The President called for the roll. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, Walters, Bochniak and Schreiber NAYS: Trustee McGahan The President presented the resignation of Norbert Rogers as Civil Defense Director. Trustee McGahan moved that the resig- nation of Norbert Rogers as Civil Defense Director be accepted. Trustee Frank seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None The President then appointed Michael Hupfel as Director of Civil Defense. Trustee McGahan moved that the appointment of Michael Hupfel as Director of Civil Defense be approved. Trustee Walters seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None A proposed ordinance pertaining to reorganization of the Plan Commission was presented. Mr. Huszagh was asked his opinion and stated that there is no question whatsoever that the present Plan Commission is illegal. He stated there is a special provision in the statutes that no elected officer may also hold an executive position. There followed a lengthy discussion on the definition of committee members, commission members, officers, etc. Trustee Frank stated that Mr. Huszagh has just been appointed at $20.00 an hour to study the ordinances. Now, without having read them, he is declaring one of them illegal. Trustee Frank asked why it is necessary to pay him $20.00 an hour to read the ordinances when he is familiar with them. Mr. Walters stated that Mr. Huszagh had been told, verbally, of the ordinance, and knew what it constituted. Trustee Dorner suggested that the Planning Committee review the old ordinance in conjunction with the proposed new ordinance and bring a recommendation to the Board. He stated that if the old ordinance is declared illegal, it might lead to a great deal of litigation, which would be costly and time-consuming. To avoid this headlong rush into battle, he suggested that some time and thought be given to a revision of the Plan Commission. Mr. Huszagh stated that the effect of the proposed new plan commission ordinance will be to forever obviate any other litigation. The President then read the proposed Ordinance No. 0-59-10, being an ordinance reorganizing the Plan Commission. Trustee Dorner moved that action on this be tabled to allow everyone to thoroughly digest it, to look into the various points of legality, with the idea of saving time and money in the ensuing months. Trustee Frank seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, Me Gah an NAYS: Trustees Walters, Bochniak, Schreiber and President Bunescu Trustee Walters moved that Ordinance No. 0-59-10, being an Ordinance reorganizing the Plan Commission of the Village of Buffalo Grove be passed. Trustee Schreiber seconded the motion. On roll call the vote was as follows : AYES: Trustees Walters, Bochniak, Schreiber NAYS: Trustees Frank, Dorner, McGahan AYE: President Bunescu The President then appointed Gerald Lichtenberger and Charles Gramer to the Plan Commission, with Charles Gramer as Chairman, and further appointed William Farrington, Kenneth Lewis and Eugene Huxhold as unofficial consultants to work with the Plan Commission. Trustee Bochniak moved that the appointments be approved. Trustee Walters seconded the motion. On roll call the vote was as follows : Trustee Frank stated that he would like to explain his vote : "I have nothing against any of the people nominated, but not willing to take part in what may be an illegal proceeding, I will abstain." Trustee Dorner abstains for the same reason Trustee McGahan abstains for the same reason AYES: Trustees Walters, Bochniak, Schreiber and President Bunescu Trustee Bochniak read Warrant #15 to be approved for payment. The fee of Brundage & Short was questioned. Argument ensued. The $207 .00 Building Commissioner 's fee was questioned. His bill was read. Trustee Frank moved that Warrant #15 be approved for payment. Trustee Dorner seconded the motion. Discussion followed. Trustee Bochniak objected to the attorney 's fees of Brundage & Short. He read the letter attached from Byron S. Matthews stating that the firm of Brundage & Short was employed as special counsel in the Circuit Court suit. He read the itemized bill of Byron Matthews and of Brundage & Short. Trustee Walters stated that their services had been authorized but he would like to have a further breakdown of hours . A discussion followed as to the reason for the filing of the Circuit Court suit and who was at fault. The President asked the Clerk to call the roll. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, McGahan NAYS: Trustees Walters, Bochniak, Sch reiber and President Bunescu Trustee Bochniak moved that Warrant #15 in the amount of $2835.44 be adjusted to exclude the figure of Brundage & Short 's fee and expenses in the amount of $1285.00, and that Warrant #15 in the amount of $1550.44 be approved for payment. Trustee Walters seconded the motion. On roll call the vote was as follows : AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None Trustee Frank moved that the Chairman of the Finance Committee consult with Brundage & Short to review the bill that was sub- mitted, and to report back at the next regular board meeting. Trustee McGahan seconded the motion. On roll call the vote was as follows : AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None Proposed Ordinance No. 0-59-11, being an ordinance establishing a new schedule of building permit and inspection fees was read by Trustee Schreiber. Trustee Frank asked who formulated this ordinance, what basis was used in arriving at the permit and inspection fees, and what committee got together on this. Trustee Walters explained that members of the Home Owners Party contacted local villages in the surrounding area and gathered this information on building permit fees . Trustee Frank ascertained that on a typical 9000 sq. ft. house with a basement the fee would be $80.00 plus $50.00 for 5 inspections, making a total of $130.00. Upon further questioning it was ascertained that the inspection fees would not go to the Building Commissioner but into the general fund of the Village . Trustee Frank asked Mr. Huszagh if this was legal, and Mr. Huszagh stated that it would be illegal to do it any other way. Trustee Frank stated that in his opinion 5 inspections at $10.00 each was rather high. He stated that the VA only requires 3 inspections at $5.00 each. He further stated that the County requires 3 inspections, and if there is a well and septic tank, then 5 inspections. Trustee McGahan inquired as to when the Build- ing Commissioner, who works at another job during the day, would yi find the time to make 5 inspections, stating that this would become cumbersome. The President stated that 5 inspections would not necessarily be made, but that they wished to provide for 5 if it was found necessary. Trustee Frank asked if this inspection fee applied to the building of garages and the President stated that it would not. Trustee Bochniak moved that Ordinance No. 0-59-11 being an ordinance establishing a new schedule of building permit and inspection fees be approved. Trustee Walters seconded the motion. Discussion followed. Trustee Frank objects to the manner in which this Ordinance and one or two prior were presented to the Board. He stated that at a prior Board meeting there was considerable criticism about secret meetings . At that time it was a false criticism, but now we have a situation where certain members of the Board have obviously met in secret, without the incumbent members of the Board, have drafted ordinances and presented them on a take it or leave it basis. Trustee Frank further stated that a building committee was appointed at this meeting, along with various other committees, and that these appointments were a farce since everything that should have been recommended to the committees had already been decided. Building, Planning, Zoning, etc. Committees were formed for a specific purpose, and he feels that it is only common courtesy to permit these committees to perform their functions . Trustee Frank further stated that it was obvious to any one with any amount of reason that the building permit fees would be raised after the election. He further stated that he has no objection to a raise in the building permit fees, but objects to the manner in which it is being done. He further stated that it would have been a simple matter for the previous Board to hold a special meeting to approve the payment of bills, and for the builder to rush thru building permit fees, but none of this was done . In a spirit of cooperation and fair play, all matters remained in status quo. He further stated that if the action of the Board tonight is an indication of the next 2 years, we are in for some serious trouble . Trustee Dorner agreed with Trustee Franks remarks, stat- ing further that we are looking for a way to live together at this table and in this community, and we are not starting out on a very sound basis . Trustee Walters stated that the new board is rather green at this job, and that they are only interested in the future development of this community. He further stated that if in their efforts to make this community grow into the best type of Village possible, the Board has acted too readily upon reorganization, it can be amended later. Trustee Frank stated again that his objection is the manner in which the new trustees are acting. He stated that the normal procedure should have been to refer this matter to the building committee; that perhaps other members could have found 5 or 6 other communities with different building permit fees . He referred to President Bunescu's speech at the start of the meeting wherein he stated that he was looking for harmonious relations . The President suggested that this could be referred back to a committee with a unanimous vote directing the building commissioner not to issue any permits until the fee question was resolved. Mr. Huszagh stated that this is illegal; that you cannot stop the building permits from being issued if someone presents himself to the Village Clerk. Trustee Dorner suggested a test of trust, stating that he would personally guarantee that no building permits would be applied for by Buffalo Grove Home Builders until after May 21, 1959. He suggested this as a start for building trust and good relations among the Board members. Trustee Bochniak withdraws his motion that Ordinance No. 0-59-11 be approved. Trustee Bochniak moved that Ordinance No. 0-59-11 be tabled for advisement by the Building Committee. Trustee ,Schreiber seconded the motion. On roll call the vote was as follows : AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None Fred Bencriscutto, Chairman of the Zoning Board of Appeals, sub- mitted reports on two appeals to the Board for a variation in the • side yard limits concerning unattached garages . The decision in the case of John J. Beierle (Doc. No. 35) is that the garage shall be placed at least 10 ft. to the rear of the existing dwelling, and that 10% of the lot frontage be allowed between the garage and the North lot line. The decision in the case of Fred Cotterell (Doc . No. 36) is that the garage shall be placed at least 10 ft. to the rear of the existing dwelling, add that 10% of the lot frontage be allowed between the garage and the South lot line. Both of these cases were appeals for a variation of Article 3, AA residence district, Section 3.05, paragraph B, Ordinance 0-58-16 The Chairman of the Zoning Board of Appeals further stated that a survey had been taken of the residents of Unit I, and based upon this survey, the Zoning Board of Appeals recommends that the existing ordinance be changed in Unit 1 from a 10 foot side yard line to a 10% lot frontage (Doc. No. 37) . 9� Chief Dick was called upon for his report. He stated that in the interest of safety he is not permitting the school bus to pick up the children on the corner ar St. Mary' s Parkway and Buffalo Grove Road, but has changed the pick-up location to 118 St. Mary's Parkway, in front of the home of Paul Scharringhausen. He asked the Board to authorize the necessary expenditure for put- ting gravel in an area next to the sidewalk for the children wait- ing for the school bus. Chief Dick further reported that he has made arrangements to use the pistol range in Deerfield for the training of the Police Department in the use of guns, subject to the authorization of the Board. He further stated that the Police Department of Deerfield has a training program coming up in which our Police Department could participate, and that when this program was completed our Police Department would be adept in the care and handling of guns . The sole cost would be the charge for the amunition. Thereupon, Trustee Frank moved that the Police Department be auth- orized to spend $75.00 for the purpose of purchasing the amunition for target practice for 5 weeks for 2 police officers and 8 reserves. Trustee Schreiber seconded the motion. On roll call the vote was as follows : AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None Trustee Frank moved that the Village be authorized to spend not more than $60.00 to buy gravel at the place designated by the Police Department for the safety of the children boarding the school bus. Trustee Dorner seconded the motion. On roll call the vote was as follows : AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None Lt. of the Police, Roy Christensen, asked the Board to make it mandatory for all bikes in the Village to be equipped with a rear reflector or rear light, and a headlight . He also asked if a request could be made of the parents that all bikes, scooters, wagons, etc . be removed from the sidewalks after dark, as these were proving to be a hazard to people walking on the sidewalk after dark. Trustee Frank commented on the Dog Ordinance, stating that it was passed for the primary purpose of insuring that all dogs have rabies shots. He stated that this Ordinance was not being en- forced, and asked that the Board request the Police Department to enforce this Ordinance . Lt. Christensen stated that the licenses for the current year would be available shortly, and that the people would have until the 1st of June to purchase the dog tags . After the 1st of June the Ordinance would be strictly enforced. Trustee Walters moved that Ordinance No. 0-59-12, being an ordinance granting a variation in the Zoning Ordinance to J. J. Beierle and Fred Cotterell, be passed. Trustee McGahan seconded the motion. On roll call the vote was as follows : AYES: Trustees Dorner, Frank, McGahan, Walters, Bochniak and Schreiber NAYS: None Trustee Dorner commended Fred Bencriscutto and his Board on their common sense approach, their integrity, and their sense of fair play in their approach to this problem. He stated that he felt a difficult situation was handled in a very orderly manner and that the recommendations to the Board were presented in a very orderly way. President Bunescu informally suggested to the Plan Commission that they take under consideration the recommendations made by the Zoning Board of Appeals regarding a possible change in the Zoning Ordinance as it applies to Unit I. Trustee Bochniak moved that the Village Clerk be authorized to create a duplicate set of ordinances and turn them over to the President. Trustee Walters seconded the motion. On roll call the vote was as follows : AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None Trustee Bochniak presented the Treasurer 's bond. Discussion followed as to the amount of the bond, bearing in mind that the Treasurer 's appointment was an interim appointment. Following the discussion, Trustee Walters moved that the bond of Margaret Bochniak, as principal and Chester A. Bochniak, as surety, in the penal sum of *4000.00, for the faithful performance of her duties as Village Treasurer be approved. Trustee Schreiber seconded the motion. On roll call the vote was as follows : AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None Trustee Walters moved that the meeting be adjourned to the 21st day of May at 8:00 o'clock, at 182 Buffalo Grove Road. Trustee Bochniak seconded the motion. On roll call the vote was as follows: AYES: Trustees Frank, Dorner, McGahan, Walters, Bochniak and Schreiber NAYS: None r, -"-- .,,e ,e, Cr/ Village Clerk Time : 11:10 P.M.