Loading...
2009-05-18 - Village Board Regular Meeting - Minutes 12134 05/18/2009 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY,MAY 18,2009 CALL TO ORDER President Hartstein called the meeting to order at 7:33 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover, Trilling,Stone,Sussman. Trustee Berman was absent. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy Village Manager;Brett Kryska,Administrative Intern; Scott Anderson,Director of Finance;Gregory Boysen, Director of Public Works;Dick Kuenkler,Village Engineer; Mike Skibbe,Civil Engineer;Brian Sheehan,Building Commissioner—Operations;Carol Berman,Building Commissioner-Administration;Robert Pfeil,Village Planner; Rick Kuhl,Superintendent of Public Works-Operations;Fire Chief Vavra;Police Chief Balinski;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Berman,seconded by Trilling,to approve the minutes of the May 4,2008 Special Meeting.Upon roll, Trustees voted as follows: AYES: 5 -Braiman,Glover,Trilling, Stone, Sussman NAYS: 0-None ABSENT: 1 -Berman Motion declared carried. APPROVAL OF MINUTES Moved by Berman,seconded by Trilling,to approve the minutes of the May 4,2008 Regular Meeting.Upon roll, Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Stone,Sussman NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. WARRANT#1121 Mr.Tenerelli read Warrant#1121. Moved by Glover,seconded by Braiman,to approve Warrant#1121 in the amount of$2,678,902.43,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Sussman, Stone NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. 12135 05/18/2009 VILLAGE PRESIDENT'S REPORT President Hartstein urged residents to attend the Memorial Day Ceremony on Monday,May 25,2009 at 11:00 a.m. at the Knopf Cemetery on Arlington Heights Road,noting that this is a very meaningful ceremony to honor those who have given the ultimate sacrifice to protect our freedom. It is sponsored by the cemetery association of Kingswood Methodist Church President Hartstein noted that there will be a Blood Drive on Saturday,June 6,2009 at the Alcott Center and asked all residents who are able to donate this life-saving resource. President Hartstein pointed out that the upcoming Relay for Life held on Friday,June 12,2009,is sponsored by the American Cancer Society under the joint efforts of Buffalo Grove and Stevenson High Schools. TRUSTEE PORTFOLIOS President Hartstein announced the Trustee Portfolios and Liaison Assignments listed as follows: Trustee Braiman-Portfolio-Finance,Public Works and Utilities;Liaison to Zoning Board of Appeals,Commission for Residents with Disabilities and EMA Trustee Glover-Portfolio-Economic Development;Liaison to Buffalo Grove Days,Plan Commission,Arts Commission,CATV Trustee Berman-Portfolio-Transportation&Legal;Liaison to Plan Commission,Commission for Residents with Disabilities,Blood Donor Commission,Board of Health Trustee Trilling-Portfolio-Public Safety;Liaison to Arts Commission,Zoning Board of Appeals,CATV Trustee Stone-Portfolio PW Utilities&Engineering,Golf;Liaison to Zoning Board of Appeals,Blood Donor Commission,Arts Commission Trustee Sussman-Portfolio-Personnel;Liaison to Plan Commission,Board of Health and Commission for `./ Residents with Disabilities. President Hartstein reminded the residents of the Off Track Betting proposal,located at Adam's Rib and Ale House,201 Milwaukee Avenue,will be held at the June 1,2009 Village Board meeting. He strongly encouraged all residents to communicate their opinions with the Board,both pro and con. If they cannot be present they should email or send a note with their opinions. He also urged all residents to contact our State Senators and Representatives to vote"no"on all enhancements on pension benefits for public employees which will cost our community and which we have no discretion;reform commission on ideas of what we should require as citizens;not raid the distributive fund which reduces revenues to each municipality of State real estate taxes. Please take a stand and let your legislator know your thoughts. BOARD OF HEALTH President Hartstein re-appointed commissioners Sherri Loeb and Stuart Kersky to an additional term on the Board of Health to expire on April 30,2010. Moved by Braiman,seconded by Glover to concur with President Hartstein's appointments. Upon voice vote motion was carried. OFF TRACK BETTING MEETING \Im/ Trustee Stone requested that the Off Track Betting topic be moved to the June 15,2009 meeting to accommodate the parents of School District 102 eighth graders whose graduation is June 1,and who may want to attend. Discussion followed concerning the scheduling of activities and the attendance of Trustee's and Staff. Trustee Glover encouraged residents to send their opinions to the Trustee's stating that every email and note is read. If anyone is not able to attend the meeting,their voice will still be heard. The press was requested to report the meeting date and to encourage anyone with input to share it with the Board.Trustees were polled on changing the date. 12136 05/18/2009 AYES: 1 -Stone NAYS: 5 -Braiman,Glover,Trilling, Sussman ABSENT: 1 —Berman The meeting date will not be changed. COMMUNICATION POLICY Trustee Trilling read a proposed policy concerning communication between the Village Board and the Village Manager and Staff. Upon approval, the Village Manager was instructed to distribute a clean copy of the policy to the Board and Staff. Moved by Trilling,seconded by Braiman to approve the policy on communication between the Trustee's and Staff. AYES: 5—Braiman,Glover,Trilling,Stone, Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. PARK DISTRICT AWARD The Buffalo Grove Park District has been named a finalist for the 2009 National gold medal award for Park and Recreation Management for excellence and planning for communities of 25,001-50,000. The winner will be named in October. PUBLIC SERVICE CENTER EXPANSION Village Manager Bill Brimm gave a brief update on the proposed expansion of the Public Service Center. At the April 6,2009 meeting the project was reviewed and approved through the design development phase. The next step would be the Board's authorization to proceed with the development and preparation of the construction documents. It is a major undertaking and would get the project ready should the Board decide to proceed and go to bid. It would then be"shovel ready"for construction. Deputy Village Manager Ghida Neukirch provided a project update. This proposed project will add 13,300 sq. ft.to address space constraints and safety concerns at the facility. Staff is looking for direction on how to proceed with the fmancial aspect of the project. Staff is proposing issuing a General Obligation Bond to fund the project.The estimated project cost is$4.5 million. Given the economy it is anticipated that bidding will be competitive. Trustee Braiman said that bond rates are now low and a potential savings,but with the current economic conditions he could not support continuing with the project. Trustee Glover said that the Village has always been fiscally responsible and only 10%savings does not seem like it is the right thing. She is not willing to proceed. Trustee Trilling believes the 10%savings is only a guestimate until you go out to bid. In light of the economy,a decrease in the income for the Village and other major projects facing the village,it is difficult to move forward. It is a project that needs to move forward,but now is not the right time. Trustee Sussman noted that during the campaign,every candidate agreed the the Village is fiscally responsible. After touring the Public Service Center she agrees that expansion is needed,but not at this time. Trustee Stone concurs,but she asked if safety measures could be addressed while waiting for the expansion to take place. President Hartstein stated that this board has always been fiscally responsible. In this situation he urges the Board to • take advantage of the situation with the best interest rates and the opportunity to bring in a project that is needed at the lowest possible cost. It is fiscally responsible to do so. Every day we wait the costs will go up. 12137 05/18/2009 Trustee Glover agreed that everyone has to make choices and some needs such as the stormwater management are greater. Increased safety measures should be looked at but not with the building expansion. Trustee Stone asked if the Village could take advantage of the low interest rates and proceed at this point without residents being taxed. President Hartstein noted that there has been talk of additional stimulus money coming out of Washington DC. In order to take advantage of that money,projects need to be"shovel ready". At this point we are not"shovel ready"and could not get any money. Spending this money does not mean we have to go out to bid or proceed with the project,it means we would be ready to proceed. Since it is something that everyone agrees that is needed,these plans can be utilized whenever we can proceed with the expansion. Mr.Brimm noted that in the past we have been successful with road projects where we have invested the funds to make the project ready. When there was a call for projects for federal or state funding,we were able to move the projects ahead. In regard to the tax burden,we provided the most conservative approach towards debt service. Opportunities may be available if we move the project forward. The decision facing the Board is whether to proceed and authorize the construction document phase and be prepared so that the project is"shovel ready". That would require an$113,000 investment and would get the project ready to go out to bid.At that time there would be a pause,and Staff would return to the board to ask for authorization to bid. The alternative is to defer the project. Trustee Braiman requested that Mr.Brimm talk to our legislators to see if seed money is available through the State or Washington so we do not have to look to our residents for increased tax money to fund the project. Staff will also look to see if safety and infrastructure issues can be addressed and dealt with separately. Staff will bring back a list of issues that need to be done. Moved by Trilling,seconded by Braiman to defer the expansion of the proposed Public Service Center based on the memo dated May 18,2009. AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. SAVED BY THE BELT AWARDS Sergeant Kristiansen first urged everyone to realize the importance of wearing seat belts,and then related several incidents where the use of seat belts saved lives and/or serious injury,as he presented Saved by the Belt awards to each of them. Sergeant Kristiansen reviewed the coloring contests that were held for students throughout the Village to promote bicycle safety and wearing helmets. Each of the winners came forward and was presented with certificates and a savings bond. President Hartstein extended congratulations to the recipients of all of the awards MANAGEMENT REPORT The April,2009 Monthly Management report is posted to the website. WILLOW STREAM PARK—Plan Commission Referral The Park District has submitted plans to renovate the bath house and swimming pool at Willow Stream Park. The project requires Plan Commission referral. The Village Board would only need to entertain an ordinance for a minor change to the Preliminary Plan. No Public Hearing would be required,but a Workshop is needed to review the project and make fmal recommendations to the Board. Staffs recommendation is to refer the project to the Plan Commission. 12138 05/18/2009 Moved by Braiman, seconded by Glover to refer the Willow Stream Park renovation to the Plan Commission. AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. BUCKLE UP BUFFALO GROVE!—Proclamation President Hartstein read from a Proclamation declaring the week of May 18-24,2009 as Buckle Up Buffalo Grove! Week,and encouraged all citizens to always wear seat belts when driving or riding on our roadways. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not listed on the agenda;there were none. CONSENT AGENDA r President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion;there were no such requests. The Deputy Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Moved by Trilling,seconded by Braiman,to approve the Consent Agenda. ORDINANCE No.2009-26—Sign Code Variation Motion to approve Ordinance No.2009-26,an Ordinance granting a variation to Buffalo Grove Sign Code,Section 14.40.125 for Dengeo's, 195 W.Dundee Road. RESOLUTION No.2009-24—SWANCC appointments Motion to approve a Resolution to appoint a director and alternate director to the Solid Waste Agency of Northern Cook County. Street Light Maintenance—Award of Bid Motion to approve the Award of Bid: June 1,2009 through May 31,2010 Street Light Maintenance Contract. LIQUOR CALCIUM CHLORIDE—Authorization to Purchase Motion to authorize the purchase of Liquid Calcium Chloride for 2009-2010 winter driving season. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. COMCAST COMMUNICATIONS CABLE TELEVISION FRANCHISE Moved by Glover,seconded by Braiman to approve the renewal of the non-exclusive cable television franchise of Comcast Communications. Village Manager Bill Brimm reported that the Village has been working diligently on the renewal on the franchise service agreement with Comcast which expired on March 1,2007. The service agreement provides for 12138a 05/18/2009 AMENDMENT TO THE VILLAGE BOARD MEETING MINUTES OF MAY 18,2009 See September 21,2009 Village Board minutes From 5/18—(Approved on June 1,2009) Trustee Stone: These areas that are annexed in and new parcels that are being developed,I find it concerning that if it's an area that we're taking into Buffalo Grove and now is Buffalo Grove,that we treat them fully as Buffalo Grove. It looks like we're pretty good customers to Comcast. We're getting 5%of the revenue per year,which was$568K in 2008,that means that we're really good customers. I'm feeling that we're in a position that we can say to Comcast that these are areas that now belong in BG and we want them treated fully as BG,not to have to go get a tape from Village Hall or go to a special channel...it's like an adoption,they're BG now.I'm hoping that we can do something like that,because it feels funny to have communities that are now part of our community,but we're treating differently. Mr.Nelson: Last year he agreed to revisit it at this time. He says there's mechanisms in this agreement that give them a wider berth to make this happen. Trustee Stone: I echoed others asking to make the protection of channel 6 more stringent to secure channel 6 will stay ours,and I repeated that the 79 homes are currently not part of our system. Additionally,I'am bringing a motion to amend the previously adopted minutes of:May 18,2009. The minutes of May 18,2009 are dated with varying erroneous dates of May 4,May 18 and May 19. I ask that the dates be amended to their actual date of May 18,2009. I am also proposing for the sake of clarity as the public has expressed confusion in reading the minutes,that we include the heading of new business in the Minutes,as it is listed in the Agenda. I am requesting that my motions be contained,in the minutes of this meeting. �.sf 12139 05/18/2009 services to continue until a new agreement is signed. The new agreement takes into consideration changes in federal and state law and technology. Deputy Village Manager Ghida Neukirch made a presentation on the work undertaken and the proposal. She introduced Chris Nelson,Government Relations manager representing Comcast. Customer service obligations are set forth in state law,but also are franchise fees,public educational and governmental programming. Trustee Glover confirmed that Mr.Raysa is in agreement with this ordinance. She noted that the residents of Columbia Gardens,annexed in 2003 do not have Comcast and asked why they do not. Mrs.Neukirch replied that developed areas that are later annexed,do have cable service,but not Channel 6 programming. If they have AT&T,they do have access to Channel 6. 80-85%of Buffalo Grove is ready for AT&T service. She verified that residents of Columbia Gardens do have access to AT&T,therefore access to Channel 6. Mrs.Neukirch offered to take a look again at the construction costs and take a polling of the new Board to see if it is something they want to pursue. Trustee Glover suggested that we need to better communicate with those residents that AT&T and access to the Board meetings is available to them. President Hartstein finds it bothersome that all Buffalo Grove residents do no have access to view the Board meetings and public access. Comcast assumes responsibility for all residents to see the Board meeting. He asked Mr.Nelson if there is something that can be done to assure public access of Board meetings. Mr.Nelson replied that it can happen. Monitory penalty is significant if Channel 6 is not available or if it is moved to a different channel. Trustee Sussman added that weekly many channels are changed and asked if Buffalo Grove could guarantee that Channel 6 will not be moved. Mr.Nelson responded that many changes are requested by the programmers. In this case the programmer is the Village and they do not want to be moved,which is the strong motivator. Trustee Braiman asked for a significant financial obligation on the part of Comcast not to move Channel 6. He likes the on-demand feature for viewing the Board meetings. Mr.Nelson replied that Buffalo Grove would be the first to use the on demand option and will look to putting Buffalo Grove meetings on an access station in Vernon Hills for the Columbia Gardens residents,until we have a long term solutions. He will have an answer before the next meeting. Moved by Braiman seconded by Glover to defer consideration until next meeting. Trustee Glover added that since residents now have television choices,and if Comcast would like to be a better partner,they should put more money into that issue. AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: I —Berman Motion declared carried. ORDINANCE No.2009-27—Twin Creeks Park Moved by Trilling,seconded by Glover to approve Ordinance No.2009-27, Special Use: Parking Lot Expansion at Twin Creeks Park. Mr.Brimm reviewed the proposal as presented at the January 19,2009 Board meeting. Buffalo Grove Park District proposed that Twin Creeks Park parking lot be used as an ice skating rink in the winter and offer additional parking for activities at the park in the summer. A unanimous recommendation came from the Plan Commission to proceed with the process. Staff recommends moving ahead with the Special Use. Mr. Raysa answered a question from Trustee Trilling,that yes,the lease specifically sets forth that the Buffalo Grove Park District indemnifies the Village from any action that may accrue as part of the lease. Mr.Green answered a question from Trustee Braiman that the parking lot is designed to be environmentally sensitive. Drainage will occur by sloping the parking lot,allowing water to drain into a wetland. Drainage outlets that will allow drainage in the summertime can be closed in the winter to allow ice to be made. There 12140 05/18/2009 will be a shelter which can be used in summer and winter which is next to the bike path. Bathroom facilities can remain open without access to the building,but will be locked when the park closes Mike Rylko said that the Park District is in the process of screening in all bathroom facilities in parks. Emmerich Park will be open for games beginning May 28 and the facilities will be dedicated July 3,2009. This parking lot is the largest that can fit on this property. When more parking is needed,there are two van parking spots. Additional parking is available on Aptakisic Road by the soccer fields. He confirmed that the maximum number of handicapped parking spaces is available. Trustee Sussman noted that during Buffalo Grove Days,a van was available,but few people took advantage of it. AYES: 5—Braiman,Glover,Trilling, Stone Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. TORAH ACADEMY—Plan Commission Referral Mr.Brimm reviewed the proposal. Torah Academy is housed in Congregation Beth Am,225 McHenry Road. Plans have been submitted to lease space in the facility for an elementary school. Congregation Beth Am was approved as a Special Use for a place of worship and related uses including religious education. Staff recommends the proposed use be referred to the Plan Commission for workshop review and recommendation. Rabbi Zehnwirth stated that the classroom space would be used for the congregation on the weekends and the Torah Academy would use the space during the week. In response to a question from Trustee Braiman,Rabbi Zehnworth explained that the Illinois State Board of Education certification occurs after the first year. There is no registration to start the school. DCFS licensing is needed only if it is a day care facility. Trustee Braiman requested the Plan Commission look at the parking situation. Moved by Trilling,seconded by Braiman to refer to the Plan Commission,the Torah Academy at Congregation Beth Am,225 McHenry Road consistent with the memorandum dated May 18,2009. AYES: 5—Braiman,Glover,Trilling, Stone, Sussman A — one ABSENT: 1 —Berman Motion declared carried. ORDINANCE No.2009-28—Lot 9005,Villas of Buffalo Creek Moved by Braiman,seconded by Trilling,to approve Ordinance No.2009-28,approving a lease with the Buffalo Grove Park District for Lot 9005 in the Villas of Buffalo Creek Unit One Subdivision, in accordance with the memorandum and the draft of the lease dated April 30,2009. Mr.Brimm noted that the lease has been reviewed by both counsels of the Park District and the Village and both find it to fair to protect both parties. Trustee Braiman questioned Mr.Brimm on the term of the lease of up to fifty years,and the possibility that the village would need to use it for other use before the first twenty-five years. Mr.Brimm replied that he could not foresee any municipal use or reason to terminate the lease within the first 25 years. Trustee Braiman requested that at some point the Village and Park District discuss the possibility that if some time within the first twenty-five years a well needs to be drilled,the Village could drill the well and the Park District could use the top portion for recreational events. 12141 05/18/2009 AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. ORDINANCE No.2009-29—Authorization to borrow funds Moved by Braiman,seconded by Glover to approve Ordinance No.2009-29,authorizing the Village of Buffalo Grove,Cook and Lake Counties,Illinois to borrow funds from the Water Pollution Control Loan Program dated 5/11/2009A. Mr.Brimm explained that the Village has an opportunity to participate with IEPA to access federal stimulus funding used for capital projects such as Cambridge on the Lake,and the Old Treatment Plant lift stations. These projects will go ahead even if we do not receive funding. This funding is available under the water pollution control loan program. The ordinance authorizes the Village to borrow up to$498,000 for lift station improvements. Initial paperwork has been submitted which establishes the project and borrowing objectives,but still needs to be approved by the IEPA.The stimulus carries a 0%interest for 20 year's and 25%of the principle will be forgiven. Staff recommends approval of the authorization to borrow,so if the project is approved we can move quickly. Two companion resolutions which go with this ordinance which would authorize the Village Manager to sign the loan documents and to participate if necessary,in the National Flood Insurance Program if required by the IEPA. Both items are required by the application. Trustee Trilling asked if the funding does not occur,does the village have the funds in reserve? Yes,the projects are planned with village financing or federal stimulus finding. Trustee Braiman verified that the projects are necessary and must go forward in order to maintain the integrity of the water system. AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0-None ABSENT: 1 -Berman Motion declared carried. FIRE STATION 26 ADDITIONAND RENOVATION Finance Director, Scott Anderson reviewed the history of the project. This project focuses on functional improvements, Staff is re uestln to move the project into the designdevelopment stage which will_ring the project p g l� JP g g closer to be"shovel ready"when applications for federal stimulus funds potentially become available. The next phase would be preparation of construction documents. Trustee Trilling complemented the Staff on their work so far on the project. It is a great opportunity if the timing was right,but the timing is not right. In answer to a question from President Hartstein,Mr.Anderson replied that to move the project through construction would be from$1.1 -$1.4 million depending on the final plan.The stimulus funding applications will be available in approximately thirty days. President Hartstein asked Chief Vavra to explain what component of the project relates to pubic safety. Chief Vavra explained that the ladder truck should be at Station 26 which is in the middle of town. It cannot be located there due to the height of the doors,which is part of the project.Also needed are sufficient restrooms,work out room and kitchen facilities. Trustee Stone toured the fire station. She would like to see the firefighters have the facilities that are important to meet the firefighter's basic needs. She would like to see the project proceed. 12142 05/18/2009 Trustee Sussman respected the firefighters for wanting only what is economical and getting the most for the money available. Trustee Braiman approves and supports the Department by giving them the necessary tools needed to do their jobs. He does not believe that this is needed to make their jobs better or more functional. The expansion of the workout room or sleep area does not make a difference in the performance of their jobs. He believes that the doors can be retrofitted. He believes it is worth the risk to spend the$18,000 in order to move the project through the design development phase to have it be"shovel ready"if stimulus funds become available. Trustee Glover restated her opinion that she is a"no"for the entire process because of the economy. She believes that the doors should be retrofitted at a lower cost. The showers proposed are nice,but not at this time. Stimulus money is not guaranteed. Now is not the time for this project. President Hartstein agreed that the stimulus money is not guaranteed,but if we do not spend this money to be "shovel ready"we will not get any funds. Trustee Trilling clarified that the$18,000 gets you through design development. An additional$36,000 gets the project to"shovel ready",which is a total of$54,000. Trustee Stone says the welfare of the firefighters is worth the money. Trustee Trilling is concerned about the apparatus not being in the center of the Village because of the over head door. The building space issues are constraining,but do not prevent someone from showering or working out. He would move to the next phase,but have the architect prepare a construction document that is ready for just the expansion of the overhead door. Chief Vavra proposed that the architect design the project into modular pieces. It would give options of selection of parts of the project to do or doing it all. Trustee Trilling asked if we could discuss with the architect,a proposal to design the overhead door improvement separate from the rest of the project. Chief Vavra replied that improvement of the door moving is a positive move. Trustee Stone believes the firefighter's welfare is being downplayed. Moved by Trilling,seconded by Glover to defer the motion until the requested information comes back to the Board at the next meeting. Staff will contact the architect and suggest deferring design development of the entire project and talk specifically about cost of construction documents to retrofit the door for efficient use. Properly evaluate pros and cons of the entire project versus just the doors. Upon voice vote,motion declared carried. RESOLUTION No.2009-25 Representative to sign loan documents Moved by Braiman,seconded by Glover,to approve Resolution No.2009-25,authorizing a representative to sign loan documents,according to the document before the Board dated May 9,2009. This is a companion to the loan authorization ordinance allowing Mr.Brimm to execute any documents specific to the proposed borrowing provided by the IEPA. Upon roll call,Trustees voted as follows: it 12143 05/18/2009 AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0-None ABSENT: 1 -Berman RESOLUTION No.2009-26—National Flood Insurance Moved by Braiman seconded by Glover to approve Resolution No.2009-26,a resolution of Intent regarding National Flood Insurance. This is a companion of the loan authorization ordinance,stating that the Village will cooperate if need be,to insure �../ that the improvements would go forward within the loan program within the parameters of the National Flood Program. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS: 0-None ABSENT: 1 -Berman 1200 DUNDEE ROAD—Plan Commission referral Mr.Brim reviewed the project. The property was previously approved in terms of a Preliminary Plan for El Polo Loco restaurant. The project did not proceed. The proposal tonight would be to improve the property for a single user. The petitioner is requesting a referral to the Plan Commission to review the Preliminary Plan for site05/04/2009 plan review and appearance matters. An ordinance is required to provide for transition from what was previously approved for El Polo Loco and what is needed for this use,if approved. Chris Globular,attorney for the owner addressed the Board. Thomas Scansion architect was also present. They are looking to remodel the property. Trustee Braiman verified that no user is identified. The underground tanks have been removed. The building will not be expanded. Moved by Braiman,seconded by Trilling to refer the project to the Plan Commission. AYES: 5—Braiman,Glover,Trilling, Stone, Sussman NAYS 0-None ABSENT: 1 -Berman President Hartstein reminded residents to share with the Board their input on the upcoming proposal for Off Track Betting,and to share with legislators their opinions relating to legislative reform,to hold line on pensions and not to take away from the distributive funds for the communities. EXECUTIVE SESSION Moved by Braiman,seconded by Trilling to move to Executive Session for the purpose of discussing Pending Litigation, Section 2(c)(11)and Personnel Section 2(c)(1).of the Illinois Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 5—Braiman,Glover,Trilling, Stone,Sussman NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. The Board moved to Executive Session from 10:40 p.m.until 12:00 a.m. 12144 050/2009 ADJOURNMENT Moved by Trilling,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 12:03 a.m Jane 01 ,Deputy Village Clerk APPROVED BY ME THIS 1st DAY OF June ,2009 _101e 44.6)1 Village President LI